Report of the Head of Community Wellbeing and Development

Page No 1

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011

Community Code No Applicant Recommendation Page Nos

OVE P/ 2010/0928 DR KAREN HARRISON GRANT 2 - 9

WRO P/ 2011/0065 MR MICHAEL BERRY GRANT 10 - 16

OVE P/ 2011/0080 MR & MRS IAN ANDERSON GRANT 17 - 22

GRE P/ 2011/0094 ATS EUROMASTER GRANT 23 – 27

ROS P/ 2011/0111 MR D ROBSON GRANT 28 - 39

BRN P/ 2011/0146 MR MRS PHILIP GODSALL GRANT 40 - 43

ERB P/ 2011/0151 LIBBY MEE PROJECTS REFUSE 44 - 49

ROS P/ 2011/0162 MR JAMES GOULD GRANT 50 - 54

WRC P/ 2011/0166 MR CAIN WYNNE GRANT 55 - 59

ISY P/ 2011/0187 PREMIER DECORATIONS GRANT 60 - 64 LTD

CEF P/ 2011/0193 MR GARRY EVANS GRANT 65 - 69

CHI P/ 2011/0207 MR RICHARD A JONES GRANT 70 - 77

RHO P/ 2011/0210 MR W SPENCER GRANT 78 - 84

WRO P/ 2011/0215 MR ALLAN ATKINSON GRANT 85 - 87

RHO P/ 2011/0219 MR W SPENCER GRANT 88 - 93

WRO P/ 2011/0249 UNISTAY (ISLAND GREEN) REFUSE/GRANT 94 - 100 LTD

Total Number of Applications Included in Report: 16

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

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

APPLICATION NO: LOCATION: DATE RECEIVED: P/2010 /0928 3 ROSE HOUSE SCHOOL LANE 09/11/2010 OVERTON WREXHAM LL13 0ES CASE OFFICER: COMMUNITY: DESCRIPTION: PF Overton DEMOLITION OF EXISTING TWO AND SINGLE STOREY FLAT ROOF EXTENSIONS AND ERECTION OF AGENT NAME: WARD: TWO STOREY AND SINGLE DR KAREN HARRISON Overton STOREY EXTENSION WITH PITCHED ROOFS TOGETHER WITH ERECTION OF DETACHED GARAGE AND STORE

APPLICANT(S) NAME: DR KAREN HARRISON

______

Background

Members will recall that this application was deferred from the April Planning Committee in order for a reconsultation period to expire and any additional comments to be considered. This reconsultation exercise related to the submission of amended plans detailing minor design amendments to the frontage of the proposed side extension and also the submission of a suitably scaled block plan detailing the proposed position of the garage / store. The period for reconsultation expired on 18 April 2011.

I have received one further representation from the owner / occupier of The Quinta, 24 High Street, Overton, raising the following point:  the proposed garage / store will impact upon a group of boundary Leylandii hedges;

2 further representations have been received raising the following points:  the proposed garage is out of proportion for its intended use and would be suitable for conversion at a later date;  the application appears to be proposing a ‘dwelling by stealth’;  the garage will be converted to a dwelling at a later date;  the driveway between Kiln Cottage and Rose House is shared with a right of access with doors which access onto this from the neighbouring dwelling (Kiln Cottage);  construction traffic along the private drive will damage the amenity of the neighbouring occupiers (Kiln Cottage) and if the garage becomes a dwelling an increase in traffic generation would be unacceptable; Page No 3

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011  existing drainage facilities will not be able to cope with the bathroom / toilet facilities in the proposed garage / store. A drainage report should be requested.  the proposed extension to the house is out of keeping and seems to contravene planning regulations pertaining to conservation areas and listed buildings;  the glazed gable end will appear as a monstrosity out of keeping with the village character; and  the application is being rushed and there is bias towards the applicant.

Overton Community Council raise no further objections to the application.

Consideration

It is accepted that the Leylandii hedge will require some trimming back to accommodate the garage but I do not consider that they make a positive contribution to the conservation area. Whilst the garage / store building is larger than average, I am satisfied that it will have minimal impact upon the neighbouring occupiers of the site. The full impact upon neighbouring listed buildings and the wider conservation area of the proposed extensions and garage / store is considered in the body of the main report.

Any proposal to convert the garage to a separate dwelling at a later date would require the benefit of an application for planning permission where the full impacts of that proposal would be considered (amenity, traffic, etc). I note that the driveway down the side of Rose House appears to serve Kiln Cottage as well. Any issues regarding rights of access are not matters to be considered as part of the planning process. Nevertheless, I do not consider that this proposal will significantly alter the volume of traffic along this private driveway. Construction nuisance is a civil matter between interested parties. Any approval documentation would contain a reminder to the applicant about their duty to consider noise and dust nuisance during construction activities. Whilst the garage / store contains WC and shower facilities, any drainage demand will be of a domestic nature and a drainage report will not be required. Any Building Regulations application will need to satisfy that adequate drainage facilities are in place.

The planning application is being determined in accordance with standard procedure and is being reported to the Planning Committee on the basis that the proposal accords with national and local planning policy. Therefore I see no justification in delaying the determination of the planning application further.

I remain satisfied that the proposal is acceptable, seeks to preserve the character of the conservation area and does not detrimentally affect the setting of the neighbouring listed buildings. My original report is appended below along with my revised recommendation. Page No 4

THE SITE

The Quinta Ty Newydd (Listed Proposed buildings) garage / store Curtilage listed outbuildings

Listed buildings

Proposed extensions

PROPOSAL

The proposal comprises of two elements. A two storey side and rear extension to the existing dwelling which would replace an existing flat roof single storey side extension and flat roof rear extension. The side extension would project 3.9 metres from the side of the dwelling and be recessed 0.6 metres from the frontage. The rear extension would project by 3.9 metres at two storey level with a further 2.1 metre single storey element attached.

A two storey triple garage with a storage area above is proposed to the rear of the dwelling adjacent to the western boundary. The structure is proposed at 6 metres in height to the ridge at a width of 9 metres.

HISTORY

P/2007/0707 Two storey extension to the rear and side of dwelling. Wthdrawn.

DEVELOPMENT PLAN

The site is within settlement and within the Overton Conservation Area where an Article 4(2) Direction has been designated. Policies PS2, GDP1, EC7 and T8 refer. LPG Notes 4 – Conservation Areas, 16 – Parking Standards and 20 – House Extensions are also relevant. Page No 5

National planning policy is contained with Planning Policy Wales (Edition 4) (February 2011), Technical Advice Note 12 – Design (2009) and Circular 61/96 – Planning and the Historic Environment.

CONSULTATIONS

Community Council: Consulted 09.11.2010 Local Members: Notified 09.11.2010 Site Notice: Expired 16.02.2010 WACS: Consulted 26.01.2011 Other representations: 10 neighbouring occupiers notified. 2 representations received. 1 objection on the following grounds:  The proposals would have an adverse effect on the character of the dwelling and the street scene, and would consequently be harmful to the visual amenity of the area and the character of the Overton Conservation Area. The proposals by virtue of the their design would neither preserve or enhance the character of the Conservation Area;  The proposed development would have a detrimental impact on the setting of the Quinta (Grade II listed building);  The proposed development would have a detrimental impact upon the amenities of the occupiers of the Quinta from the extension and detached garage;  Inaccurate / unscalable plans have been submitted; and  The proposals will not accord with national and local planning policy and guidance. 1 representation from occupier of Ty Newydd received raising no objections as there are no windows proposed overlooking their dwelling or garden.

SPECIAL CONSIDERATIONS

Design: The dwelling subject to the proposal sits back from the highway and building line of its neighbouring dwellings. However, its principal elevation is prominent within the conservation area. Rose House is symmetrical in appearance but retains little of its original detailing and the existing flat roof side extension adds little to the character of the property or street scene. The proposed extension, whilst now two storeys in height and slightly larger than the existing, is considered to be an improvement on the existing structure and its difference in ridge height and the set back from the front elevation still allows for the symmetry of the frontage of the dwelling to remain prominent. Page No 6

Although the design of the proposed rear extension does not reflect the symmetry of the front elevation, it is not seen in the same visual context. In addition, the full extent of the glazing would not be visible from outside the site and the glazed opening follows and reflects the form and appearance of the gable extension. To this extent, I do not consider it has a detrimental impact upon either the dwelling or the setting of the Conservation Area.

The two storey extensions will infill a gap which currently allows a view through to the side elevation of Ty Newydd when heading north. Ty Newydd is a relatively modern dwelling and is not considered to add significantly to the value of the conservation area. It is considered that the infilling of the gap with the two storey extension will not detract from the character of the street scene and will not compromise the setting of curtilage listed outbuilding at Ty Newydd. This will remain prominent within the street scene.

Within the existing garden area a three bay detached garage is proposed with a storage area above. The location of this building is such that I do not consider it will not be a prominent structure from key views within the conservation area. I do not consider that the design of the garage is dissimilar to existing ancillary structures within the village centre, a comparison can be made with the height and form of the curtilage listed structures at Ty Newydd.

Following receipt of satisfactory amendments to the scheme to address concerns over the proposed facing material to the frontage and window positioning I am satisfied that the siting, mass and general design of the proposed additions accord with the national planning policy and guidance. The proposal seeks to enhance the character of the Conversation Area in accordance with policy EC7.

Proposed front elevation (left) and rear elevation (right)

Listed buildings: The application site is bordered to the west by a series of listed buildings which front on to High Street (the Quinta and Metcalf Buildings). The setting of these buildings is considered with regards the surroundings in which the building is experienced, in this case a busy village centre. Both views to and from the buildings contribute to their setting however the simple fact that the extensions will be visible from the Quinta and Page No 7

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 its garden area does not necessarily mean that setting will be affected. Firstly the Quinta occupies an important and prominent position at the junction of High Street and Wrexham Road. It is from these points that the building is experienced within its wider village context. A brief glimpse of the rear of Rose House is just possible above the boundary wall of the Quinta from High Street however a brief glimpse of the proposed new extension is not considered to detract from the significance of the Quinta or the experience of the building within the village setting. For these reasons I consider that the proposal accords with national planning policy and guidance which seeks to preserve listed buildings and their settings

I am satisfied that views of the extensions and Rose House from the Quinta and parts of the garden area are unavoidable and views of the existing flat roof extensions are also visible. It is considered that the removal of the extensions and their replacement with more aesthetically pleasing and better proportioned additions would enhance views of Rose House from the Quinta. In terms of the garage, whilst an additional structure, its design is such that it does not appear at odds or detract from the setting of the existing listed buildings / curtilage listed structures.

Amenity: The proposals are considered in light of guidance contained within LPG20. A separation distance of 22 metres would be required between the habitable room windows of the proposed extension and dwellings to the rear. The distance between the rear elevation of the proposed extension and the boundary wall is unchanged at approximately 24 metres and to the nearest habitable room window approximately 54 metres. Whilst I note that the large rear feature window, I do not consider that there will be any detriment to neighbouring amenity given the significant separation distances involved. Gable end windows and skylight windows are proposed in the garage for the storage area. I have no objection to these additions given the distances between the proposed garage and boundary. Any overlooking towards the Quinta is likely to be minimal (13 metres to boundary) and the south at the immediate bottom of the garden area of the neighbouring dwelling (The Cottage).

Other matters: The planning application was submitted with a block plan at an unrecognised scale. I am satisfied that the garage structure can be accommodated within the site in the location proposed. However, a plan at a recognised scale showing the position of the outbuilding is required before a decision can be made and I have requested the submission a suitable plan.

The submitted plans also show the provision of roof lights and an additional staircase to the roof space of the existing dwelling but no floor plan. I have received written confirmation from the applicant that the roof space was previously used as a bedroom space and the previous staircase was removed. I consider no further information is required on this matter.

A generous curtilage to the rear of the dwelling is available and provision for vehicle parking in accordance with LPG16 is available. Page No 8

Conclusion: I have given careful consideration to this proposal in its entirety and for the reasons above I am satisfied that the scheme seeks to preserve the setting of the neighbouring listed buildings and also enhance the character of the Conservation Area. The proposals will also have minimal impact upon the amenity of the neighbouring occupiers of the site and I 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. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved in writing by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority.

4. No development / works shall commence until the applicant has secured the maintenance of an on-site watching brief by a suitably qualified archaeologist during construction works in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. In the event of the discovery of important archaeological features outside of the scope of the watching brief, all works shall cease until otherwise advised in writing by the Local Planning Authority. 5. All new and replacement windows and doors approved as part of this scheme shall be of a timber construction. 6. The garage and store hereby approved shall only be used for purposes incidental to the use of the dwelling as a single dwelling house and for no other purpose.

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure the works reflect the character and appearance of the building. 4. The site contains archaeological remains which it is essential should be protected from damage. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenity of the area. Page No 9

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 6. To ensure that the Council may control the use of the garage / store and any impact upon amenity in light of the restricted application site and the relationship with the adjoining residential properties.

NOTE(S) TO APPLICANT

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

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

The applicant should also be advised that the Council has the option to control construction site noise by means of a Control of Pollution Act 1974, Section 60, Notice, where deemed necessary. The applicant is advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

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

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information. ______Page No 10

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0065 BERRYLANDS HOMESTEAD LANE 31/01/2011 WREXHAM LL14 4HE COMMUNITY: CASE OFFICER: Offa DESCRIPTION: KH VARIATION OF CONDITION 5 OF PLANNING APPEAL DECISION OF WARD: P/2001/0343 ON 12TH APRIL 2005 AGENT NAME: Brynyffynnon TO ALLOW THE SUBSTITUTION OF WREXHAM AND A TEMPORARY BUILDING IN LIEU DISTRICT CITIZENS OF ONE STATIC CARAVAN AND ADVICE BUREAUX SHEDS MR BRYN HALL

APPLICANT(S) NAME: MR MICHAEL BERRY

______

Background

The application was presented to the 4 April 2011 Planning Committee, with a late request by the applicants to defer the application, to enable further discussions with regard to the proposed planning conditions. The application had been recommended for a grant of planning permission.

Discussions have taken place with the applicants’ agents regarding the proposed conditions. The outcome is the deletion of one condition which required the removal of a storage container and a horse box. The container has already been removed and I am satisfied that the retention of the horse box will have a negligible visual impact.

Conclusion

The discussions have enabled the application to be presented back to the Planning Committee and my original report is appended below with the removal of the relevant condition and my original recommendation to grant permission. Page No 11

THE SITE

Existing Area used for stables paddock purposes (unchanged)

New temporary portable building

Touring caravan

Area used for residential purposes (unchanged)

The site lies approximately 1.5km west of Wrexham town centre on the western frontage of Homestead Lane, a road linking the A525 Ruthin Road to the north and the B5099 Bersham Road to the south.

Land west of Homestead Lane, extending north, west and south of the site is countryside. On the opposite east side of the lane is Ysgol Clywedog Secondary School. There is housing further east and to the south where dwellings adjoin Homestead Lane.

Access to the site is at the southern corner.

PROPOSAL

Retrospective application for the retention of a temporary portable building in lieu of the existing static caravan, camper van, horse box, storage container and sheds.

HISTORY

(Most recent). P/2001/0343 Planning permission granted on appeal for the use of land at Berryland, Homestead Lane, for the siting of one residential caravan, one touring caravan and associated sheds. 12 April 2005 Page No 12

DEVELOPMENT PLAN

Located within a Green Barrier and Special Landscape Area. Policies PS2, GDP1, EC1 and EC5 of the adopted Wrexham UDP refer.

CONSULTATIONS

Community Council: Object on the grounds replacement building much larger and more visible than the static caravan. Strict conditions set out by the Planning Inspector have been disregarded as the application is in retrospect. The substitute building is more like a permanent building. Local Member: Notified 02.02.11 Public Protection: No objections Highways: No objections with no increase in traffic movements. Other Representations: Three letters One letter of concern, requesting clarification of ‘a temporary building and stating it is a matter of record that if the application is turned down, 10 caravans could be put on this land and that Wrexham Council could not afford to oppose this legally. Two letters of concern/objection on following grounds: - application submitted after building had been on site for a while - family were granted a concession with regard to the green barrier because of applicant’s health and unable to drive. Now there are a number of vehicles coming and going with the access close to a bad bend - if the application is granted are the numbers going to increase, with the initial concession for one family? - the building is grey and does not blend in and is quite prominent - as restrictions placed on the site, there should be no additional planning permissions - the inquiry previously regarding site, cost a lot of money - green barrier disappearing - overdominant structure - noise - traffic Two site notices: Expired 01.03.11 Page No 13

SPECIAL CONSIDERATIONS/ISSUES

Background: Planning permission was granted on appeal on 12 April 2005 for the use of land at Berryland, Homestead Lane, Wrexham, for the siting of one residential caravan, one touring caravan and associated sheds. This application seeks to provide a temporary portable building for residential purposes in lieu of the static caravan, and other structures.

Applicant’s Submission: The applicants are seeking more suitable accommodation, in terms of space and privacy, for their family than the existing static caravan. The family consists of the father, the mother, an adult daughter, two other daughters aged 17 and 12 and two sons 18 and 14.

The family’s requirements and circumstances have changed since the original permission on the site six years ago. Natural family growth has, in terms of physical space and privacy requirements, made the existing sleeping/living arrangements unsuitable. The father, mother and daughters sleep in the static caravan with the sons utilising the touring caravan. The poor condition of the static has exacerbated health concerns of in particular, father, mother and eldest daughter.

The new temporary portable building is large enough to be able to accommodate three bedrooms, combined bath and shower and a combined kitchen/sitting room. Whilst the sons will continue to sleep in the tourer, the temporary portable building will provide essential facilities within the same building.

Acceptability of building: Clearly, the family’s needs have changed over the last six years and the existing accommodation is no longer suitable, given the health concerns of some of the family members and the space and privacy requirements of now older family members. Obviously, it is not uncommon for families to require additional living accommodation as family circumstances change.

The building is not unreasonable in terms of its size. The family are requesting modest accommodation given the size of the family and I am satisfied the size of the building is appropriate.

Green Barrier: Policy EC1 of the UDP seeks to protect the openness of the Green Barrier with a key objective in this particular case to safeguard the countryside from encroachment.

The temporary portable building is located within the existing residential site curtilage, with the curtilage bounded by existing trees and hedgerow to the rear of the site (NW), an established hedgerow to the south west and a dark green solid metal fence enclosing the site to the north east and south east. The remainder of the land between the site curtilage and Homestead Lane is grassed paddock area. Page No 14

It is a largely enclosed piece of land with the existing hedgerows to the north west and south west boundaries and a hedgerow for the northern half of the north east boundary. The site is only visible for short and medium range views and relatively unobtrusive.

The temporary portable building is a larger structure than the static caravan it will replace but the extent of additional intrusion is minimal when compared to the approved development. The impact on the openness of the area is restricted given the confinement to the existing curtilage, enclosed nature of the site, and the removal of existing static caravan and other structures.

Special Landscape Area: The site is also within a Special Landscape Area and policy EC5 of the UDP also requires consideration with priority given to the conservation and enhancement of the landscape character.

The temporary portable building would have a greater impact than the existing static given its size but this impact is mitigated by the relatively unobtrusive location and the existing landscaping which partially encloses the site and restricts views of the site. The portable building will be painted an appropriate colour (green/grey-green) to help assimilate the building and additional landscaping is proposed. Hedge planting to the outside of the existing curtilage metal fence and strategically located tree planting in the paddock area will moderate the impact of the development whilst enhancing landscape character.

I consider that the impact compared with the approved development would be minimal, with the proposed additional landscaping benefiting the landscape character of the area.

I do not consider that the integrity of the Green Barrier of Special Landscape Area would be compromised.

CONDITION(S)

1. The use hereby permitted shall be personal to Mr Michael and/or Mrs Florence Berry and to any resident dependants and shall be for a limited period being the period during which the premises are occupied by Mr Michael Berry and/or Mrs Florence Berry. 2. Notwithstanding the provisions of condition 1 above, the temporary portable building shall be removed off the site no later than 10 years from the date of this permission. 3. When the premises cease to be occupied for residential purposes by Mr Michael Berry and/or Mrs Florence Berry, the use hereby permitted shall cease and the temporary portable building, the camper van OR touring caravan, the stable building, all fencing and hard surfacing brought onto the site shall be removed and all the service connections stopped up. Page No 15

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 4. Visibility splays measured 2m back from the Homestead Lane carriageway edge along the centreline of the access shall be maintained to points measured along the same carriageway edge, a distance of 70m to the south and 45m to the north of the centreline. Within these splays, no obstruction, natural or otherwise, shall be permitted to exceed 1 metre in height above road level. 5. Within one month of the date of this permission, full details of a scheme showing hedge and tree planting along the outer side (facing paddock area) of the existing green metal fence shall be submitted, in writing, for the further approval of the Local Planning Authority. The scheme shall be carried out as approved in the first available planting season (November to March) after approval. 6. The landscaping scheme submitted and approved in connection with condition no. 06 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 7. The landscaping scheme as carried out in connection with condition no. 07 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 8. Vehicles shall only park on the existing hard surfaced areas along the western part of the residential area. Space shall be maintained at all times to enable vehicles to turn within the site so that they may enter and leave in forward gear. 9. There shall be no more than one touring caravan OR one camper van on the site at any one time. 10. The touring caravan OR camper van shall be sited in the north east part of the site, within the area fenced off for residential purposes. 11. The temporary portable building for residential purposes hereby approved shall be painted in a colour, which has previously been approved, in writing, by the Local Planning Authority, within two months of this decision. Thereafter the building shall be maintained in that colour. 12. No commercial activity shall take place on the site, including the storage of materials and the stationing of any vehicle over 3.5 tonnes overnight. There shall be no loading or unloading of vans, open backed vehicles or lorries on the site at any time other than for domestic purposes.

REASON(S)

1. The use of the land which has previously been approved was allowed due to the personal circumstances which permitted a departure from UDP policies designated to protect the area and the site will be restored when no longer needed. 2. The building is of a temporary nature and given its design and materials of construction would not normally be suitable for long term retention in visually sensitive areas. 3. In the interests of the visual amenities of the Green Barrier and Special Landscape Area. Page No 16

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 4. To ensure that adequate visibility is provided at the proposed point of access to the highway. 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. In the interests of the visual amenities of the area and in the interests of highway safety. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 12. In the interests of nearby residential amenity, highway safety and the general visual amenities of the area. ______Page No 17

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0080 TY NEWYDD CLOY LANE OVERTON 04/02/2011 WREXHAM LL13 0HR COMMUNITY: CASE OFFICER: Overton DESCRIPTION: KH AGRICULTURAL GENERAL PURPOSE BARN FOR HOUSING WARD: ANIMALS, FEED BEDDING, AGENT NAME: Overton MACHINERY AND VEHICULAR ADS ACCESS, DRIVE AND YARD MR ANDREW STOREY

APPLICANT(S) NAME: MR & MRS IAN ANDERSON

______

P/2011 /0080 THE SITE

Proposed barn Proposed new access

Yard area

Ty-Newydd is situated on Cloy Lane, approximately 1 mile, north-east of the junction of Cloy Lane and the A539 Overton to Penley Road and Lightwood Green. Page No 18

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 PROPOSAL

Proposed new agricultural barn and workshop.

HISTORY

P/2000/0470 Alterations and extensions. Granted 29.06.2000 P/2000/0357 Installation of mobile home temporary accommodation. Granted 06.06.2000

DEVELOPMENT PLAN

Located in open countryside and within a Special Landscape Area. Policies PS2, GDP1, EC4, EC5 and EC6 refer.

CONSULTATIONS

Community Council: No objection, Local Member: Notified 07.02.11 Public Protection: No objections Highways: No objections subject to planning conditions Welsh Water: Consulted 07.02.11 Environment Agency: Consulted 07.02.11 CCW: No objections subject to a condition regarding mitigation and Reasonable Avoidance Measures in relation to newts. Other Representations: 5 letters of objection including 16 signatories on a petition, objecting on the following grounds:- - building disproportionate to the small amount of land to be farmed and the number of sheep it would sustain; - visual impact of the building and building should be within the curtilage; - construction of building not suitable for sheep; - Cloy Lane beginning to look like an industrial estate; - loss of trees and hedges; - there are owls in the area and light from the building could be detrimental; - unnatural for sheep to be housed for so long; - object to new access on grounds, that existing access should be used, will result in the loss of a passing bay, new access dangerous and involves loss of hedgerow; - the building is intended for non agricultural use – the storage of vehicles, tools and equipment for business operating Page No 19

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 elsewhere. The yard will be used for a woodyard for the applicant’s Tree Surgeon business.

Proposal: The proposal involves the erection of a general purpose barn for housing animals, feed, agricultural machinery and provision of a new access. The property, Ty Newydd, operated as a farm ‘small holding’ until approximately seven years ago, with the new owners wishing to now farm their own land. The barn will enable a small flock of sheep (20 ewes) which will be housed in the winter months, November until lambing in February- March.

A separate access will be provided off Cloy Lane, adjacent to the existing, to separate farm traffic from the house and garden.

Use of the building/justification: The applicants have submitted a supporting statement to justify their requirements for the building. The intention is to develop a flock of 20 ewes utilising approximately 5 acres, with an option of renting additional land from the applicant’s parents and brother who operate a farm 2 miles away. The sheep will be housed in the shed during the winter until lambing (November – February/March). Once lambed the ewe is kept in isolation with the lambs in a pen for approximately 1-2 weeks. Housing the sheep in winter requires bedding and feed and hay and straw will be bought in bulk when it is cheapest (June – August). Storage will decrease as it is used throughout the winter allowing more space for lambing pens in February-March. A tractor and trailer and areas for work related to the enterprise will also need to be accommodated.

Whilst I recognise that the building will not always be fully utilised all of the time, there will be times when it is fully utilised. Whilst not all farmers would house sheep for lengthy periods over winter, it is not uncommon to do so.

I am satisfied that the building is not excessive in terms of its size for the agricultural use proposed.

Visual Impact: The building would be located in a Special Landscape Area and consideration is required in terms of its impact. Policy EC5 gives priority to conservation of the landscape and restricts development largely to agriculture, small-scale farm based and other rural enterprises. A high standard of design and landscaping will be required and attention to minimising the impact.

The building proposed will be 18.6m x 12.6m, 4m to the eaves with the highest point at 6m. Materials are sympathetic with a brick plinth wall to the base, green softwood horizontal boarding to the eaves and slate grey profiled metal sheet to the roof. Page No 20

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 It will be located to the north of the residential property and associated buildings, in the adjoining field and set back into the south west corner of the site, approximately 40m from Cloy Lane. Existing hedgerow on the existing boundaries will help soften the impact.

I am satisfied that its location, materials and design will ensure the building does not have any significant detrimental impact on the landscape quality.

Residential Amenity: The closest residential properties are Overton View and Badgerbank Barn to the east, approximately 50m away from the proposed building. Given the size and design of the building and the separation distance I would not anticipate any significant detriment to the occupiers.

Ecology: The site may, in view of its location, support a population of great crested newts, with a number of ponds within 300m of the site. Countryside Council for Wales do not object to the proposal, subject to a condition which requires mitigation and reasonable avoidance measures to ensure amphibians are not affected by the proposal.

Access: A new access is proposed to the immediate north of the existing residential access, required to separate the vehicle movements associated with the farming enterprise from the residential use. Whilst a limited amount of hedgerow will be removed (approx 10m), new mixed hedgerow planting will be provided back onto the site towards the proposed new field gates. The existing highway passing place will be largely retained and the access will provide adequate visibility.

I consider the access is acceptable and will not compromise highway safety.

General: Concerns have been expressed that the intended use of the building is for a non-agricultural use, with the applicants intending to use the building for an existing business use which is currently located elsewhere. The use of the building would be strictly controlled by virtue of a planning condition to restrict the site for the purposes described in the application documentation.

Conclusion: I am satisfied the scale of the building can be justified and that the building’s scale and design and location will ensure it is not overly intrusive within the rural environment. The proposed access will provide acceptable visibility splays and not compromise highway safety.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. Page No 21

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 2. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. The building hereby approved shall be used solely for the purposes described in the application documentation. For the avoidance of doubt, no non-agricultural storage shall take place at any time. 4. Prior to the first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 x 120 metres in both directions measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining carriageway. The splay shall thereafter be permanently retained clear of any such obstruction to visibility. 5. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a distance of 10 metres behind the adjoining highway. 6. There shall be no gates or other means of enclosure across the vehicular access point within 10 metres of the highway boundary. 7. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 8. Details of the finished treatment of the proposed yard/parking/turning area shall be submitted to and approved, in writing, by the Local Planning Authority. The works as approved shall be carried out prior to the first use of the building hereby approved and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 9. No part of the development shall commence until details of any proposed external lighting are submitted to and approved by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved. 10. The vehicular parking and turning areas shown on the approved drawing shall be provided prior to the first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 11. No part of the development shall commence until an updated Ecological Assessment (Great Crested Newt) as carried out by a qualified ecologist has been submitted to and approved in writing by the Local Planning Authority. The report shall include an Ecological Method Statement demonstrating / identifying any measures of protection / compensation / mitigation and demonstrate management in the short or long term. The recommendations as approved shall be implemented in strict accordance with timescales to be agreed before any part of the development commences on site. 12. Details of the new hedging at the proposed new access shall be submitted to and approved, in writing, by the Local Planning Authority. The hedging as approved shall be planted in the first available planting season after the first use of the development hereby approved. The planting scheme Page No 22

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 implemented shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority, shall be replaced within the next available planting season by hedging of similar size and species to those originally required to be planted.

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 the development fully complies with appropriate policies and standards and in the interests of residential amenity. 4. To ensure that adequate visibility is provided at the proposed point of access to the highway. 5. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 6. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 7. In the interests of highway safety. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. In the interests of nearby residential development, the general visual amenities of the area and wildlife interests. 10. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 11. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 12. In the interests of the general visual amenities of the area and wildlife interests.

If the great crested newt is recorded within the boundary of the application site, operations may only proceed after an apropriate licence has been issued by the Welsh Assembly Government.

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

A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to cross the verge at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on 01978 729670. ______Page No 23

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0094 ATS EUROMASTER MARFORD HILL 10/02/2011 MARFORD WREXHAM LL12 8SW COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: LB1 ERECTION OF 1 NO. NON- ILLUMINATED FLAG SIGN WARD: AGENT NAME: Marford & Hoseley APPLICANT(S) NAME: SPENCER SIGNS LTD ATS EUROMASTER MS TRACY BARWICK

______

This application was referred to Planning Committee in April 2011 and was deferred to allow the applicants to submit additional plans showing the proposed sign on the approach to Marford from Rossett.

Applicants submissions: The applicants have submitted an additional photo montage showing the sign in situ on the approach to Marford.

Representations: Two letters were received following the publication of the April Committee Report raising the following concerns:  Reiterated that it is considered that the ATS has adequate signage already and no additional signs are required.  The large sign would adversely affect the approach to Marford and the appearance of the Conservation Area.  The street scene should be enhanced and not destroyed.

The neighbouring properties, community council and local member have been re-consulted following receipt of the additional plans.

Consideration of amendments: The details submitted by the applicant, together with the photos below show that the proposed sign is of an appropriate size and design for the site and will not have an adverse impact on the general street scene and I refer to my amended recommendation below. Page No 24

Conclusion: I believe that the amendments have addressed the matters of concern.

My original report is appended below together with revised recommendation. Page No 25

THE SITE

ATS at the bottom of Marford Hill, Marford.

PROPOSAL

Erection of 1 no. non-illuminated flag sign.

HISTORY

P/2007/0053 Display of 3 externally illuminated folded aluminium trays with canopy illumination. Granted 26/02/07 P/2010/0972 Erection of 1 no part illuminated totem sign. Refused 21/12/10

DEVELOPMENT PLAN

Lies within the settlement limit and Marford Conservation Area. Guidance Note 1 – Advertisements applies.

CONSULTATIONS

Community Council: Consulted 15/02/11 Local Member: Notified 15/02/11 Highways: No objection Site Notice: Expired 11/03/11 Page No 26

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 Other representations: Two letters received raising the following points:  The business already has a large illuminated sign on the building and another sign would not enhance the Conservation Area or locality.  The sign would be out of character with the area.  Should be looking for ways to contribute to and enhance the built environment and street scene, not destroy it.

Background: The site is an established garage site that lies at the bottom of Marford Hill, in the conservation area and is the first building when approaching Marford from Rossett. There are currently externally illuminated signs on the building itself but no flag or totem pole.

The building itself is screened on the approach to Marford by a row of conifers. The proposed flag sign would be sited close to these trees.

Impact on amenity: The proposed flag sign is considered inappropriate and overlarge given the location at the entrance to the village and conservation area. It also appears strikingly modern in contrast to the older properties in the locality and the colour of the pole sign increases its prominence.

The applicants have been advised that a hanging sign would be more appropriate in this location and amended plans have been requested. The colour of the pole should also be a more recessive colour to ensure it doesn’t stand out on the street scene.

Amended plans will be consulted on.

Other Considerations: There is no adverse impact on highway safety.

Conclusion: The proposed sign is now considered to be appropriate for the location, and I therefore recommend accordingly:

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. Page No 27

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. 4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission. 5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. ______Page No 28

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0111 LAND ADJOINING ALYNDENE 14/02/2011 CHESTER ROAD ROSSETT WREXHAM COMMUNITY: LL12 0HN CASE OFFICER: Rossett PF DESCRIPTION: DEMOLITION OF GARAGE, WARD: ERECTION OF DWELLING AND AGENT NAME: Rossett CONSTRUCTION OF ASSOCIATED INSITE ARCHITECTURE ACCESS Mr NICK WHEELER

APPLICANT(S) NAME: MR D ROBSON

______

Background

Members will recall that this application was deferred from the April Planning Committee to allow for technical matters in relation to the adjacent trees to be addressed. The applicant has subsequently submitted further detail which effectively shows the root protection area (RPA) of the yew tree plotted in accordance with standard guidance. The additional information also shows a cross section through the proposed parking area to identify a suitable method of laying a hard standing over the RPA of the lime tree to the front of the site.

Arboricultural impact

As a result of this information the applicant has identified a small encroachment of the identified root protection area of the yew tree into the footprint of the proposed dwelling. In order to address this constraint, the applicant has submitted an amended plan identifying the RPA of the yew and an alteration of the footprint of the dwelling 0.5m further to the east and 0.7m further to the north (back into the site).

I consider that these changes to the footprint of the dwelling are minimal and will not alter the considerations made in relation to the impact of the setting of the adjacent church building set out in my original report. The alterations will result in the proposal having minimal impact upon the health and wellbeing of the adjacent yew tree and the use of a no dig parking layout will protect the lime tree to the front of the site.

Representations

Following concerns raised by the Local Member at the April Planning Committee that the representations of the Parochial Council of the Parish of Page No 29

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 Christ Church Rossett did not fully represent the extent of their objection, I have checked the original Committee report and addendum report and I am satisfied that any additional points that this organisation were communicated to Members.

Conclusion

I am satisfied that the outstanding technical matters in relation to the trees on and adjacent to the site have been satisfactorily addressed by the applicant. My original report is appended below along with my revised recommendation.

THE SITE

Approx. position of proposed Approx, position dwelling. of retained trees.

Christ Church

PROPOSAL

The proposal is to erect a detached three storey dwelling on land adjacent to the property known as ‘Alyndene’. The distance between the frontage of the existing dwelling and the position of the western boundary is approximately 16.5 metres, however the land tappers wider towards the rear of the site.

Parking for 4 no. vehicles is proposed shared across the frontage of existing and proposed dwellings. To the rear of the site, a garage is proposed to serve both dwellings. Page No 30

HISTORY

P/2010/1092 Demolition of garage, erection of dwelling and construction of associated access. Withdrawn.

DEVELOPMENT PLAN

Within settlement limit adjacent to two Grade II listed structures (Christ Church and Rossett War Memorial). Policies GDP1, PS2, EC4, EC9, EC12, H2, T8, LPG Notes 7 – Landscape and Development, 16 – Parking Standards, 17 – Trees and Development, 21 – Space Around Dwellings and 30 – Design all refer.

National planning policy is contained with Planning Policy Wales (Edition 4) (February 2011), TAN12 – Design (2009), TAN15 – Development and Flood Risk (July 2004), TAN18 – Transport (March 2007), TAN22 Planning for Sustainable Buildings (June 2010), and Circular 61/96 – Planning and the Historic Environment.

CONSULTATIONS

(Comments made following the submission of amended plans and additional supporting information (15.03.2011) are shown in italics).

Community Council: Object. Proposal will obscure view of church in northerly direction and the resulting dwelling would be out of keeping with adjoining Edwardian and Victorian houses. Local Members: Notified 15.02.2011. Site Notice: Expired 09.03.2011 Press Notice: Expired 18.03.2011 Highways: No objection subject to conditions to secure visibility and parking provision. Public Protection: No objection subject to conditions to prevent construction nuisance. Environment Agency: Site with C2 flood zone. Require conditions to secure finished floor level. CCW: No objection subject to consideration of breeding birds during removal of hedgerow / trees. Other representations: 7 neighbouring occupiers notified. representations received summarised below:  Proposal will damage the aesthetic appeal of the village centre which is shortly to apply for conservation status;  No development should be allowed until a decision is made about the proposed conservation area status; Page No 31

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011  Proposed building large and out of proportion and not in keeping with the character of the village;  All post Edwardian structures are well away from the immediate street scene which should be the case for new development;  The proposed build will not be in keeping with the style of building present on the approach into Rossett and will detract from the attractive history of the settlement;  Loss of open ground and habitat;  Inappropriate building will destroy view of listed church especially from Chester direction;  Damage to prime trees;  New entrance is adjacent to area used by church for weddings and funerals and also a bus stop;  Additional traffic will be a danger to other road users; and  Vital photographic information not submitted.  The proposed dwelling is large and should not be compared against Alyndene and Bodalyn as one single building and would be out of keeping in a quaint village;  The design of the new dwelling will be totally out of character with existing Victorian dwellings which contribute to the character of Rossett;  The proposed dwelling will overlook the residence of Willow Cottage.

Policy: The site lies within the Rossett settlement limit, so there is no objection in principle to the proposal subject to appropriate siting, design, access and parking. Special consideration must be given to assess the potential impact upon the neighbouring listed buildings. Rossett has no conservation area status therefore the proposal cannot be considered against any conservation area policy or guidance. There is no provision or justification to halt or resist development in light of any proposed conservation area designation proposals.

Design / Visual Amenity / Listed Building: I am satisfied that the plot is of an adequate size to accommodate the mass of the dwelling with required amenity space as required by LPG22. I am also satisfied that the amenity separation distances can be achieved as required by the same guidance. The nearest affected property would be ‘Alyndene’. I am satisfied that there are no habitable windows on either this property or the proposed dwelling Page No 32

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 which would be impacted by the proposal. Adequate amenity separation would also be afforded to Alyn Cottage across the road from the site.

The application site is within a prominent village centre location adjacent to Christ Church and the Rossett War memorial which are both Grade II listed structures. Any development on this site will result in a structure which will be prominent within the existing street scene. The main issues to consider are a) whether the design and scale of the building will have a detrimental impact upon the setting of these listed structures and b) whether the design and scale of the building will have a detrimental impact upon the wider street scene to the detriment to the character village centre.

Christ Church is situated on a prominent bend on Chester Road where its position, design and materials make it a prominent landmark feature of the village and reinforce its communal, historic and architectural value. The Church sits within a large Churchyard but is surrounded by residential dwellings in all directions bar to the north east where there are strong links to the surrounding countryside and the cemetery. Main views of the Church within its village setting are considered to be from the south when travelling from Wrexham and from the east when travelling from Chester. The existing views take in the surrounding dwellings and it is my opinion that a new dwelling could be positioned on the application site without negatively affecting the visual presence and setting of the Church or the way in which the church is currently experienced either from the road or from the cemetery and countryside to the north and north east. It would be unjustified to require all new development to be set back from any prominent street scene view or to set behind existing buildings.

Various design amendments have been submitted in order to address concerns regarding the siting, mass and design detail of the proposal. The applicant has submitted a supporting ‘Photographic Street Scene Survey’ for illustrative purposes identifying how the frontage of the proposed dwelling may interfere with the key view of the church upon the approach from both Wrexham and Chester. The footprint of the dwelling is located on the same axis as ‘Alyndene’ with a similar projecting frontage gable, however it is set approximately 0.6 metres back from the existing building line. The applicant has justified the design of the proposed dwelling by carrying over certain design features from those used on Alyndene whilst not being a direct copy. I am satisfied that the similar building height, roof shape, gable frontage and use of brick and render allow for a building which will sit comfortably on the site as not to interrupt the view of the church tower, therefore allowing it to retain its dominance within the street scene and its crucial setting within the village centre.

Trees and ecology: The site contains a number of trees and hedges. To the rear of the site is a large mature horse chestnut and to the western boundary on land outside the control of the applicant is a yew, both of which are considered to have significant amenity value. The evergreen yew is prominent within the street scene when viewed from the south west and also Page No 33

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 contributes to the setting of the church being within the church yard. It would also break up the potentially long side elevation of the proposed dwelling. These trees are indicated within the scheme to be retained as part of the development. The application is accompanied by an Arboricultural Method Statement and Tree Protection Plan which concludes that the development will have no impact upon the horse chestnut to the rear of the site. The report concludes that the root growth of the yew on to the site would be limited by the presence of the boundary wall. However, given the close proximity of the tree to the boundary this supposition may be inaccurate. A trial trench survey along the boundary will be required prior to the determination of the application to determine whether the growth of the roots would interfere with the footprint of the proposed dwelling. This may result in the need for pile and beam foundations to be constructed to protect this root growth. I will require further information to in light of these concerns.

To the front of the site is a lime tree which is indicated to be retained. The long term growth of this tree may be limited by the close proximity the existing boundary wall. However, the applicant has indicated the intention not to replace this tree, but to retain it. Given that the proposed driveway is likely to significantly breach the root protection area of this tree, a scheme of no dig foundations for this part of the driveway will be required.

The removal of the existing conifer hedge is proposed. Whilst not of significant amenity value it may contain nesting birds and should only be removed outside of the bird nesting season. Any approval of the scheme would require a condition to prevent its removal during this season. A hard and soft landscaping scheme would also be required to include the planting of additional native hedge species.

Highways and parking: An existing vehicular access point on to Chester Road serves ‘Alyndene’. The submitted scheme proposes to widen this access to 4.5 metres in order to serve the resulting additional dwelling as well. However, in order to achieve the required visibility splays in a south westerly direction part of the existing footway railings would be required to be removed. A bus stop is located approximately 40 metres to the south west of the existing access point but it is not considered that there will be any detriment to highway safety. I am also satisfied that the addition of one dwelling using the access point will not conflict with the relative low frequency of wedding / funeral visits to the pedestrian access to the church. There are no objections raised by Highways to carrying out of works to the footway and fence but would need to be the subject of separate consent under the Highways Act 1980.

The scheme would result in a parking and turning area for 9 motor vehicles (including garaging), however it is likely that space would effectively cater for 8 no. motor vehicles allowing for adequate turning. The application documentation indicates that Alyndene is a 5 no. bedroom property; therefore the maximum required parking provision for the overall proposal in Page No 34

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 accordance with LPG16 would be 8 no. spaces. I am satisfied that the proposed parking provision and access arrangements are adequate.

Other matters: The application site is on the fringe of a C2 flood zone defined by TAN15. Whilst the scheme includes for the provision of a basement, the submitted Flood Consequences Assessment indicates that a finished ground floor level of 16.73 AOD would prevent water ingress within the property during a severe flood event. Therefore, in effect, no water should enter the basement through its internal access if properly constructed. The Environment Agency are satisfied with the conclusions of the report subject to a condition securing the finished ground floor level.

A pre-assessment has been submitted with the application indicating that the applicant intends to develop the proposal in accordance with national policy on sustainable building. Conditions would be required to ensure that the development is carried out in accordance with these standards.

Conclusion: I am satisfied that the proposed dwelling given its massing, design and position will have a minimal impact upon the street scene of the and is positioned in such a manner that will not detrimentally impact upon the important setting of Christ church and the War Memorial within the village centre. The proposal accords with the general development principles of the UDP and therefore recommend accordingly.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009. The development shall be carried out entirely in accordance with the approved assessment and certification 3. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009. 4. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009. Page No 35

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 5. 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. 6. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 7. Prior to first use of the development hereby approved a pedestrian visibility splay shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 8. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 9. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 10. The vehicular parking and turning areas as shown on approved drawing(s) No(s). ISA 160 P 200 Revision F shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 11. No part of the development shall commence until full details of both hard and soft landscape works, to include some native planting has been submitted to and approved in writing by the Local Planning Authority. The plan shall include a timescale for the implementation of works, and shall provide for ecological improvement / habitat creation and enhancement in the soft landscape areas for the benefit of biodiversity conservation specifically tailored to the landscape features. 12. The landscaping scheme submitted and approved in connection with condition no. 11 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 13. The landscaping scheme as carried out in connection with condition no. 11 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 14. The approved landscaping scheme shall be maintained in strict accordance with the five year Maintenance Plan as approved in connection with condition no 11. 15. There shall be no clearance of vegetation on site between the months of March to August inclusively in any calendar year. Page No 36

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 16. No part of the development shall commence until details of underground and overhead services have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the details as approved. 17. Prior to commencement of any works to the trees on site the contractor shall give ten working days written notice, to the Local Planning Authority, of a meeting on site to review all work procedures, access routes, storage areas and tree protection measures. The procedures shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in strict accordance with the details as approved. 18. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been fully implemented. The fencing shall consist of a scaffold framework in accordance with Figure 2 of British Standard 5837:2005 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 tree(s) Root Protection Area, as set out in British Standard 5837:2005 or as shown as the Construction Exclusion Zone on the approved Tree Protection Plan Ref. DW/CR/R/TS/A_r5. 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. 19. The tree protection fencing and ground protection measures approved in connection with condition no. 18 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 20. The development shall be carried out in strict accordance with the following plans and report(s) submitted and approved as part of this application: 1) Tree Protection Plan ref no. DW/CR/R/75/A_r5 2) Arboricultural Method Statement ref no. DW/CR/R/TS/A_r5 No development or other operations shall take place except in strict accordance with the reports as approved. 21. The following activities should not be carried out under any circumstances: 1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. 3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. Page No 37

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 22. No part of the development shall commence until an investigation, by air-spade or hand digging, has been undertaken to determine whether tree roots are present in the ground within the footprint of the proposed development. The investigation shall be supervised by a qualified arboriculturist and the results of this investigation together with any necessary methods for minimising impact upon trees shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in strict accordance with the details as are approved. 23. The site shall be developed in accordance with the ground and / or floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority. 24. Notwithstanding the detail shown on the approved plans the existing wall across the full width of the application site fronting on to Chester Road shall be retained. 25. Prior to their installation on the development drawings at a scale of 1:20 of all windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative / protective finishes, dimensions of glazing bars, cills and heads etc, method of opening and glazing type. The works shall only be carried out in strict accordance with such details as are approved. 26. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 27. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 3. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 4. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure that adequate visibility is provided at the proposed point of access to the highway. 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. Page No 38

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 8. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 9. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 10. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. In order to protect wildlife interests, which are afforded special protection. 16. To ensure that the works on the site properly take account of the future health of the trees. 17. To ensure that the works on the site properly take account of the future health of the trees. 18. To ensure that the retained trees are adequately protected during development in the interests of amenity. 19. To ensure that the retained trees are adequately protected during development in the interests of amenity. 20. To protect trees which are of significant amenity value to the area. 21. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 22. To determine whether tree roots are present and to minimise harm to the retained trees in the interests of visual amenity. 23. To reduce the risk of flooding to the proposed development and future occupants. 24. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 25. To ensure the works reflect the character and appearance of the building. 26. To protect the amenities of the occupiers of nearby properties. 27. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system and to protect the health and safety of existing residents and to ensure no detriment to the environment.

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. Page No 39

The applicant will need to widen the existing dropped kerb crossing outside the property including strengthening of the footway at the point of access including modifications to the existing railings sited in the footway and will need to apply for formal consent pursuant to Section 184 of the Highways Act 1980. In this respect please contact our Network Assistant - Jo Giles on Tel: 01978 729670 for further details.

The applicant is advised that condition 11 refers to the requirement of some native planting to provide habitat enhancement within the soft landscaping areas. The applicant is advised to consider a native hedge consisting of Hawthorn, Blackthorn, Holly, Hazel and Field maple. Other species to plant within the hedge should include Dog rose and Honeysuckle.

The applicant is advised that compliance with condition no. 25 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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

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

______Page No 40

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0146 ISCOYD PARK WHITCHURCH 28/02/2011 SHROPSHIRE SY13 3AT COMMUNITY: CASE OFFICER: Bronington DESCRIPTION: PF LISTED BUILDING CONSENT FOR MINOR ALTERATIONS:OPEN UP WARD: BLOCKED UP WINDOW, FORM AGENT NAME: Bronington DOOR OUT OF WINDOW TO CLARE CRAVEN PROVIDE ADDITIONAL EXTERNAL ARCHITECTURE LLP ACCESS AND REFORM STEPS MS CLARE CRAVEN DOWN TO CELLAR

APPLICANT(S) NAME: MR MRS PHILIP GODSALL

______

THE SITE

Position of new window on northern elevation

Cellar access position

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. Page No 41

Listed Building Consent is sought for alterations to the above property in order to form new window openings, create a door opening from an existing window opening including stepped access and form a new stepped access down to a cellar opening.

RECENT (LB) HISTORY

P/2009/0603 Listed building consent to remove redundant chimney and 2 no. single storey ad hoc structures abutting, internal alterations and drainage and 2 new external door openings (existing arches). Withdrawn 04.08.2009 P/2009/0283 Listed building consent to remove redundant chimneys and 2 no. single storey ad hoc structures abutting, internal alterations and 2 new external door openings (existing arches). Granted 30.07.2009 P/2009/0128 Internal and external alterations and partial demolition of listed buildings including restoration of brickwork and replacement windows and erection of extensions. Granted 29.09.2009 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

Site is outside settlement limit and within a Grade II Listed Park and Garden. Policies PS2, GDP1 and EC9 are relevant. National Planning Policy is contained within Planning Policy Wales (Edition 4) (Feb 2011) and Circular 61/96 – Planning and the Historic Environment: Historic buildings and Conservation Areas. Page No 42

CONSULTATIONS

Community Council: Consulted 28.02.2011 Local Member: Notified 28.02.2011 Denbighshire HS: Consulted 28.02.2011 Flintshire HS: Consulted 28.02.2011 WACS: Consulted 28.02.2011 RCAHMW: Alterations will not significantly affect the historic interest of the building The Georgian Group: Reinstatement of original fenestration would detract form the character of the building. The blocking up of the window forms part of the character of the building and should be resisted. SPAB: Consulted 04.03.2011 Cadw (Parks & Gardens): No concerns raised. Wrexham Access Group: Consulted 28.02.2011 Site Notice: Expired 25.03.2011 Press Notice: Expired 01.04.2011 Other representations: 2 neighbouring occupiers notified 04.03.2011

Cellar access: The main part of the proposal is to regularise the access arrangements down to the cellar access door on the north eastern elevation of the main house. At present the existing retaining walls are in a state of collapse. The current informal arrangement does not reflect the hierarchy of space and is inappropriate on this prominent elevation. The proposed arrangement will reflect the treatment and style of the recently constructed terrace walls to the west elevation. This approach will in principle enhance the overall appearance of property.

Window / door openings: The proposal also details the creation of a new door opening at the position of an existing window opening on the north eastern elevation as well as the removal of a brick infill panel on the same elevation to allow for the reinstatement of a window. The north eastern façade to be affected by the proposals is not in itself a principal elevation but is visible from the main frontage of the property. I have no objections to the alterations to the existing openings, the treatment of which will reflect existing styles in evidence throughout the building.

A further window reinstatement is proposed on the north western elevation of the main building. Again, this is the reinstatement of an original window opening and I have no concerns regarding this proposal

I appreciate that that the previous blocking up of window openings forms part of the character of the history of the main house and was obviously carried out for a reason. However, I consider that the benefit that would arise to the Page No 43

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 symmetry / appearance of the main building, in light of previous improvements and alterations to the building will outweigh this concern.

Conclusion: I am satisfied that proposals before me seek to preserve the character of this listed building and therefore accords with national and local planning policy and guidance. I therefore recommend accordingly.

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 commenced before the expiry of five years from the date of this consent. 2. All works shall be carried out in strict accordance with the conservation method statement dated 30 March 2011 approved as part of this application. 3. No works shall commence until full details of the proposed stainless steel tension wire balustrade to the approved cellar steps have been submitted to and approved in writing by the Local Planning Authority. The details shall include measurements of the supporting square section rods and shall be implemented in strict accordance with the details as are approved.

REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building 3. To ensure the works reflect the character and appearance of the building.

RECOMMENDATION B

That the Head of Community Wellbeing and Development be authorised to issue the appropriate certificate forthwith if the Welsh Assembly Government refers the application back to the Council for determination. ______Page No 44

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0151 LAND WEST OF GARDEN HOUSE 01/03/2011 ERBISTOCK FERRY ROAD ERBISTOCK WREXHAM COMMUNITY: LL13 0DL CASE OFFICER: Erbistock MP DESCRIPTION: CONVERSION OF EXISTING WARD: BUILDINGS TO USE AS SINGLE AGENT NAME: Marchwiel HOLIDAY LET PLANNING AND SUSTAINABLE APPLICANT(S) NAME: DEVELOPMENT LIBBY MEE PROJECTS HENRY SHIPLEY

______

THE SITE

The site is located adjacent to the west of West End House Garden Centre Erbistock.

To the A539 Wrexham- Overton Road

To ‘The Boat Inn’

Buildings proposed for conversion

Extent of proposed curtilage

PROPOSAL

As above. Page No 45

HISTORY

No relevant history.

DEVELOPMENT PLAN

Outside settlement limit and within Special Landscape Area. Policies PS1, GDP1, EC5, CLF9 and T8 apply. Local Planning Guidance Note 3 – Converting Rural Buildings is also relevant.

CONSULTATIONS

Community Council: Make the following observations: - new access point is at the narrowest part of the lane and too near the junction even allowing for vision splays; - the proposed kitchen extension at the rear of the former milking parlour does not fit in with the character of the building; - already have two holiday lets and a Bed and Breakfast in the village and do not see the need for another one. Local Member: No member currently in post. Chair of Planning Committee requested application be reported to Committee. Highways: Initially recommended permission be refused for the following reasons: - visibility to east of proposed access inadequate. Access needs to be relocated further to the west to provide adequate visibility in both directions; - only 1 parking spaces which is inadequate for a 2 bedroom dwelling; - if these matters are addressed, there would be no highway objections and recommend any permission be granted subject to conditions dealing with highway issues. Amended plans have addressed these concerns. Public Protection: No comments. Condition/notes to limit impact of conversion works recommended. Welsh Water: Consulted 2.3.11 Environment Agency: Consulted 2.3.11 Access Group: Notified 2.3.11 CPAT: Photographic survey required prior to any works being taken place. Site Notice: Expired 25.3.11 Other representations: 4 letters objective/expressing concerns for the following reasons: Page No 46

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 - buildings never intended for dwellings, they are for agricultural use; - highway safety/access concerns; - building is too small and will be unattractive as a holiday property and unsuitable as a permanent dwelling; - in or close to Conservation Area – it adds nothing to the village; - it is situated in an Area of Outstanding Natural Beauty; - conflict with rural development plan for Wrexham; - never been a dwelling here; - loss of agricultural land; - access would cross agricultural land; - village already has holiday accommodation; - development will make holiday accommodation in surrounding areas less economically sustainable; - other barn conversions have been rejected; - proposals do not assist urban regeneration, preserve setting and special character of the village or safeguard countryside from encroachment; - land was sold as a horse paddock/for agricultural purposes.

Background: The applicant owns a field of around 1 ha. In the north-eastern corner of the field there are two small buildings – a small brick built building of around 5m in height (which I will refer to as Building A) and a smaller mono- pitch roof stone building (which I shall refer to as Building B). Building A appears to have a first floor giving it a gross internal floor area of 40 square metres whilst Building B has a gross internal floor area of just over 17 sq.m. See photographs below: Page No 47

Building B (obscured by trees) Building A

Building B Building A

The applicant has considered a number of options for this site including:

i) Conversion of both buildings to a single dwelling or a live/work unit with a link-extension to allow them to be used/occupied as a single Page No 48

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 unit. This was not proceeded with as the extent of new build would have been contrary to policy; ii) Conversion and extension of the buildings to form two holiday lets.

The current proposal involves converting Building A into holiday accommodation with bedroom, en-suite bathroom, living and dining room. A small extension to the rear of the building is proposed to provide a kitchen area. Building B is to form an annexe to Building A and will provide an additional bedroom with en-suite bathroom. The development will be provided with a sizeable curtilage or nearly 1700 sq.m. A new vehicular access is proposed to the west of the buildings with the existing one – located between the two buildings, being block off.

Policy: CLF9 permits the conversion of buildings located outside of settlement limits to holiday accommodation provided the following specific criteria are met. I will consider each of these in turn: a) the building is of pre-1948, brick/stone, and slate/tile construction; and

Both buildings comply with this requirement. b) the building is structurally sound and capable of conversion without extensive rebuilding tantamount to the erection of a new structure; and

Building A appears to be in reasonable condition and reasonably well maintained. Building B is less well maintained, however a structural appraisal suggests both buildings could be re-used without extensive rebuilding. c) any inherent characteristics of merit in the building are retained; and

Existing openings are to be re-used and no extensive alterations are proposed. A sandstone and timber framed conservatory kitchen extension to Building A is proposed. I do not consider this to reflect the character and appearance of the building (which I believe to be a former milking parlour).

The gap between the buildings is, in my opinion, an inherent part of their character as individual buildings but also any ‘group’ value they have when viewed together. This character will be harmed by proposals to extend and existing an existing 1.5 metre high wall across the existing field access to leave only a pedestrian access adjacent to Building A. d) the proposed accommodation and the resulting curtilage does not constitute an undesirable intrusion into the landscape, create access problems, nor require the provision of services at public cost; and

The buildings adjoin the northern boundary of a currently entirely open field and have no established curtilage. The proposed curtilage does not extend to a logical boundary and seems excessively large for holiday accommodation. As such I consider it to be an undesirable intrusion into the rural landscape. Page No 49

Following the submission of amended plans, Highways have confirmed that it will be possible to provide safe access and parking to the site. e) the floor plan of the existing building must be sufficient to create a habitable unit without extension.

Local Planning Guidance Note 3 recommends that in order to provide an acceptable standard of accommodation, buildings proposed for residential conversion should normally have a minimum of 40 sq.m in floor area.

Building A has a floor area of 40 sq.m and the combined floor area of both buildings is 57 sq.m. Whilst the proposed use is holiday accommodation rather than permanent accommodation I am nevertheless concerned the buildings are too small to provide an acceptable standard of accommodation for the intended use. Building A requires an extension in order to provide a kitchen and due to its limited height and the amount of useable first floor space will be restricted due to the height of the roof. Only around a quarter of first floor would have a ceiling height of 2m or more.

Ecology: There is no evidence of bats using the building but a precautionary approach to works is recommended. A condition could be attached to require works are carried out in accordance with the report if permission were granted.

Conclusion: The buildings are too small for re-use as holiday accommodation and the associated curtilage will be an intrusion into the rural landscape. As such the development does not accord with relevant UDP policies.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. Due to the size of the buildings they are unsuitable for re-use as holiday accommodation. The development is therefore contrary to policy CLF9(e) of the Wrexham Unitary Development Plan. 2. Due to proposed curtilage the development will have a detrimental impact upon the appearance of the locality - which forms part of a designated Special Landscape Area and therefore conflicts with policy/policies GDP1(a), EC5 and CLF9 (d) of the Wrexham Unitary Development Plan. ______Page No 50

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0162 MEADOW HOUSE MEADOW LANE 07/03/2011 ROSSETT WREXHAM LL11 0BT COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: KH VARIATION OF CONDITION 1 OF PLANNING PERMISSION CODE NO WARD: P/2010/0124 TO ALLOW AGENT NAME: Rossett IMPORTATION OF INERT WASTE TO MR JAMES GOULD COMMENCE IN APRIL 2011 AND CEASE NO LATER THAN 30TH SEPTEMBER 2011

APPLICANT(S) NAME: MR JAMES GOULD

______P/2011 /0162 THE SITE

Previously approved track

Construction access

Existing access

Agricultural land to the east of the B5102, Rossett Road at Trevalyn. The access road currently being constructed leads to Meadow Farm House, which is currently accessed from an unclassified road to the south of the site. Page No 51

The construction of a new trackway running east from Narrow Lane to Meadow House was granted permission in May 2009. Condition 01 of that permission restricted the importation of inert waste for construction purposes to the end of September 2009. A subsequent application extended the time period (P/2010/0124) for importation, with this application seeking a further period of the importation of inert material, to cease by 30 September 2011, to complete the works. Approximately 5000 tonnes of inert material is required to complete the construction.

HISTORY

P/2010/0124 Variation of Condition 01 of planning permission code no. P/2009/0111 to allow importation of inert waste until 30 September 2010. Granted 06.04.2010 P/2009/0111 Construction of a hardcore track to be used to provide access to Meadow House, Trevalyn during flooding. Granted 05.05.2009 P/2008/0742 New access track – Agricultural Notification. Planning application required 23.07.2008

DEVELOPMENT PLAN

Outside settlement, within a flood plain and a Special Landscape Area. Policies PS2, GDP1, EC12, EC5 and EC6 refer.

CONSULTATIONS

Community Council: Consulted 08.03.11 Local Member: Notified 08.03.11 Public Protection: No comments Highways: No comments Rights of Way: Consulted 08.03.11 The Ramblers: Consulted 08.03.11 Environment Agency: Consulted 08.03.11 CCW: No objections Other Representations: Consultation period expired 14.04.11 Site Notices (3): Expired 08.04.11

Background/Proposal: Planning permission was originally granted in May 2009 to construct a trackway from Narrow Lane to Meadow House, approximately 750m in length, and a maximum height of 2.3m closest to the farm. The applicants live at and operate their farm from Meadow House which is located within a flood plain and with flood events 3-6 times a year and adjoining land under 3-6 feet of water. Flood water can take up to 14 days to recede and at these times the only access to the farm is by boat. Page No 52

Poor weather and the lack of suitable material has hampered the completion of the trackway and this is the second extension of time that has been requested. The lack of suitable material is the reason for this latest extension of time and the importation of inert waste would cease by 30 September 2011.

Amenity: As with previous applications careful consideration is required of nearby residential amenity. A number of properties are in close proximity to the construction access and noise and dust needs to be controlled.

Vehicular noise will be controlled as with previous applications, through restricting hours (8.00am – 4.30pm Monday to Friday) and the number of deliveries (125 per working week). Procedures are also in place for effective dust management through restricting speed limits and damping down surfaces. Good management will ensure problems of dust are minimised.

Highway Safety: The applicant has procedures in place to ensure mud is not deposited on the road, including a protocol for ceasing importation in bad weather, a hard surfaced area at the construction access which will be kept clean, wheel wash facilities and the site office located at the construction access to ensure wheel wash facilities are used and the road monitored.

Conclusion: The construction period for the track completion has been unavoidably delayed due to a combination of bad weather and the lack of availability of suitable inert material. Given the timescale May to September and effective site management by virtue of planning conditions, I would not anticipate any significant impact on either residential amenity or highway safety.

Refusal of the application would result in a partially constructed track which would be visually intrusive, whilst not fulfilling the requirements for its construction, an adequate and safe access to the farm in times of flooding.

Approximately 5000 tonnes of inert material is required to complete construction and I am satisfied the further extension of time is acceptable.

CONDITION(S)

1. The importation of inert waste for the construction of the approved track shall cease no later than 30 September 2011. 2. Inert waste shall only be delivered to the site between the hours of 8.00am and 4.30pm, 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 works hereby approved. Page No 53

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 4. A 1m diameter relief culvert shall be included in the embankment construction as indicated on the approved 'Survey and Sections' drawing. 5. The existing access serving the proposed access track off Darland Lane shall provide visibility splays of 2.4 x 33m in both directions measured to the centreline of the adjoining highway in which there shall be no obstruction in excess of 1m 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. 6. Prior to the first use of the new approved track, 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. 7. 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 fail within five years are to be re- seeded and established. 8. The mounds formed to the sides of the approved track 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. 9. All site works shall be in full compliance with the approved method statement and associated plans dated 9 June 2009. 10. Temporary stockpiles of topsoil shall be stored in loose formed mounds no greater than 1.5m high and agricultural perennial weeds controlled by herbicide. 11. 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. 12. The details as approved to prevent mud being carried onto the highway shall be fully implemented prior to the further importation of waste and retained for the duration of site works. 13. The number of vehicles delivering material to the site shall be limited to a maximum of 125 per working week and a detailed record shall be maintained at the site office (and shall be available for inspection at any time by the Local Planning Authority) showing the number of vehicles per day and their registration numbers.

REASON(S)

2. To protect the amenities of the occupiers of nearby properties. 3. In order to protect wildlife interests, which are afforded special protection. Page No 54

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 4. To mitigate against any potential water pressure differences across the embankment to ensure stability. 5. To ensure the formation of a safe and satisfactory access. 6. To ensure that no deleterious material is carried onto the highway, 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. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. In order to protect wildlife interests, prevent water pollution, protect nearby residential amenity and in the interests of the visual amenities of the area. 10. To avoid degradation of the topsoil. 11. In the interests of wildlife/nature conservation. 12. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 13. To ensure that the number of vehicles is controlled in the interests of the amenity of local residents.

You should ensure the drainage culvert at the construction access can cater for the weight of the construction vehicles as you would be liable for the costs of any damage, to the Council's Highway Authority. ______Page No 55

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0166 UNIT 4 RIVULET ROAD WREXHAM 07/03/2011 LL13 8DT

COMMUNITY: DESCRIPTION: CASE OFFICER: Caia Park USE AS BODYBUILDING GYM (IN SJG RETROSPECT)

WARD: APPLICANT(S) NAME: AGENT NAME: Smithfield MR CAIN WYNNE MR CAIN WYNNE

______

THE SITE

The site is on the north side of Rivulet Road.

PROPOSAL

As above. The application is a re-submission following refusal on parking grounds. This application includes the nearby car park to the west within the application site. Page No 56

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 Opening hours are 2pm-8pm Mon-Fri and 10am-2pm Saturday, closed Sunday and Bank Holidays. The building is on 2 floors, with a boxing gym on the first floor.

RELEVANT HISTORY

Site WRC 24062 Use as a Gym Granted 11/3/1996 for 1 year only P/2000/0580 Outline for light industrial development and refurbishment of buildings Refused 11/9/2000 P/2009/0983 Use as gym Refused 4/1/2010 on parking grounds P/2010/0454 Use as gym Refused 5/7/2010 on parking grounds Appeal dismissed 15/2/2011 Parking area P/2010/0574 Change of use from storage to car wash. Granted 31/8/2010

DEVELOPMENT PLAN

The site lies within the settlement limits and a zone C2 floodplain/ SAC buffer. Policies EC6 EC12 E4 CLF2 T8 and GDP1 of UDP are relevant, together with LPGN 16 Parking. TAN 5 nature Conservation, TAN 12 Design, TAN 15 Flood Risk and TAN 18 Transport are also relevant.

CONSULTATIONS

Caia Park C Council: Object due to lack of detail regarding layout, use and signposting of car park. S106 recommended. Local Member(s): No objections subject to adequate parking being provided. Highways Recommended refusal as the access to the parking area had not been widened. Further details required of site layout. Public protection No comments CCW No objections subject to comments regarding possible bat roosts Env Agency No objections Site Notice: Expired 31/3/2011 Other representations: Adjoining occupiers notified 14/3/2011. No comments received.

SPECIAL CONSIDERATIONS/ ISSUES

Highway safety/ parking: The building is close to the town centre, and is accessible by walking and cycling, but is not close to any public car parks. There are 30 minute waiting spaces on the road outside, and their use is likely to increase given the proximity to town and the forthcoming residential development opposite- particularly after 6pm when restrictions finish. Page No 57

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 The building has a floorspace of 162m2 on ground floor plus a further 100m2 on first floor. This would require 12 spaces for a D2 use. A B1 use would require 5 spaces for the ground floor- the upper floor would probably only have been used for storage. On this basis the parking provision is considered to be acceptable.

The gym is operating on a low level of membership at present, with an average of 3-4 members at any one time, and around 30 visitors per day. However the use of the upper floor as a boxing gym could attract large numbers at one time. In view of the description of the application, it is considered that the use applied for should be confined to the ground floor only. A change to another D2 use could cause additional parking problems, but this and other issues could be addressed by conditions.

The parking area now proposed is within the site granted permission for a car wash business in 2010. It is surfaced with stones and there is ample space for parking whilst maintaining access to the car wash business. A condition is proposed to require agreement of the detailed layout. The access to the site has now been widened as required by the planning conditions.

Design and access: The building has a flat access to the footway, and there is a facility for dropping off in front. There is an emergency access to the rear.

Residential amenity: There has been a complaint of noise nuisance from the business in the past. Conditions could be formulated to try to address these concerns in terms of hours of operation and noise insulation, and advice has been sought from Public protection officers.

Flooding: This is a proposal for a change of use to a non-vulnerable development, which satisfies TAN 15 and policy EC12.

Ecology: No issues arise due to the development type and that the application has been made in retrospect. A test of likely significance has been carried out, concluding that there will be no harmful effects on the SAC.

Conclusion: The revised proposal now addresses the parking and highway issues which led to the previous appeal and is considered acceptable subject to conditions. It is not considered that a legal agreement is required in this case.

CONDITION(S)

1. 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. 2. The vehicle parking and turning areas indicated on the approved plans shall be laid out, signposted, surfaced and drained within 6 months of the date Page No 58

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 of permission in accordance with a scheme to be submitted to and approved by the local planning authority, and shall thereafter be retained for those purposes. 3. The premises shall be used for a gym and for no other purposes including no other use within Class D2 of Town and Country Planning (Use Classes) Order. 4. No use of the development shall be made before 1.00pm or after 8.00pm on any weekday, before 9.00am or after 2.00pm on a Saturday and at no time on a Sunday or Bank Holiday. 5. This permission relates to the use of the ground floor only and does not authorise any use of the upper floor as a gym or for sporting events. 6. Within 3 months of the date of this permission, the building shall be insulated to achieve sound attenuation in accordance with a scheme which has previously been approved in writing by the Local Planning Authority. 7. The parking arrangements shall be carried out in accordance with the approved scheme. If this parking is no longer available for any reason the gym use hereby permitted shall cease.

REASON(S)

1. To ensure that the development fully complies with the appropriate policies and standards. 2. In the interests of highway safety. 3. In the interest of highway safety and the amenities of the occupiers of nearby properties. 4. To ensure that the gym is not used at a time which would be likely to cause nuisance or disturbance to nearby residents. 5. To protect the amenities of the occupiers of nearby properties. 6. To safeguard the amenities of the adjoining dwellings. 7. To ensure that there is adequate parking facilities to serve the needs of the development.

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

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. Page No 59

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 · 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

Please note the attached comments from the Environment Agency. ______Page No 60

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0187 PREMIER DECORATIONS OAK 11/03/2011 ROAD WREXHAM INDUSTRIAL ESTATE WREXHAM COMMUNITY: LL13 9PQ CASE OFFICER: Isycoed MP DESCRIPTION: CHANGE OF USE OF PART OF WARD: WAREHOUSE TO A1 RETAIL AGENT NAME: Holt GOODWIN PLANNING APPLICANT(S) NAME: SERVICES LTD PREMIER DECORATIONS LTD MR STEVE GOODWIN

______

THE SITE

The proposed shop occupies part of the existing Premier Decorations warehouse on the north side of Oak Road.

Retail outlet

PROPOSAL

Change of use of part of warehouse to a1 retail. Page No 61

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 HISTORY

P/2008/1087 Change of use of part of building from B8 to A1 retail. Granted 1.12.2008 P/2009/0296 Variation of condition no. 1 of planning permission code no. P/2008/1087 to allow trading from 14 October - 31 October and from 1 January to 14 January as well as already approved 1 November to 31 December. Refused 21.5.09. Allowed on appeal 7.10.09 P/2009/0447 Erection of new signs. Consent granted 14.7.2009

DEVELOPMENT PLAN

Within settlement (Wrexham Industrial Estate). Policy S6, S8 andT8 apply.

CONSULTATIONS

Community Council: The change of use should be limited to items produced or stored at the site. Local Member: Notified 15.3.11 Public Protection: No comments. Highways: Have the following comments: - visibility to south-east obstructed by wooden sign board; - shortfall of parking. - recommend refusal for the above reasons. Access Group: Notified 15.3.11 Site Notice: Expired 7.4.11 Other Representations: 1 letter of objection with following comments; - appalled the council are even considering this application; - is it ethical to open and A1 shop which would open the floodgates for all other lines Premier sell as well as alleged end of lines they are selling at their shop; - they broke the law in the last trading season which was not successfully enforced – were they paying extra business rates?; - Does this mean they will open all year; - Is the intention of the council to open the industrial estate into the largest shopping precinct in the country; - It is a travesty that the council is wasting so much money to build a major road when their local people are losing work due to the way governments have performed over the past 5 years; - Interested to know the business rates applicants pay; Page No 62

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 - Will this application not open the floodgates to all big chain stores to take over empty units on the industrial estate and have more A1 consents passed; - How could the council pass A1 planning on the industrial estate when there are laws to prohibit this; - Why do we need to turn the industrial estate into a retail shopping centre when there are empty units in the town centre; - Also refers to objections to the 2008 application. These were reported to members in 2008.

Background: The applicant already has permission to operate a shop from 205 square metres of their warehouse on a seasonal basis. This permission restricts the items that can be sold restricted to Christmas and Halloween decorations. The shop operates to allow the sale of end of line or surplus products that have not been shipped for sale by the retail trade. Initially the operation of the shop was limited to 2 months of the year (November and December) however this was subsequently extended to 3 months (mid- October to mid-January).

Permission is now sought for a larger retail area (405 sq.m). The supporting documents suggest that the additional floor space is needed to improve circulation space between the isles of the shop. The main issue is whether the additional retail floor space will impact upon the town and district shopping centres of the County Borough

Policy: Shops outside of the town centre and district shopping centres are limited to 300 sq.m by policy S6. The proposed retail floor area is a third more than the policy S6 permits, however the policy primarily supports the development of corner shops/small convenience shops in neighbourhoods or villages rather than the more specialised type of retail use proposed.

The applicant is a large scale wholesaler of decorations dealing almost exclusively with trade customers. Even with the increased floor area, the retail element will account for less than 2% of the total floor space of the warehouse and is clearly subsidiary to it. Subject to the operation of the shop being subject to the same restrictions as the existing permission, this small scale retail unit is unlikely to harm shopping centre viability or vitality. The loss of a small part of the warehouse will not harm the range or quality of available employment sites so would comply with policy S8.

Highways/Parking: The access is partially obstructed by a board that has previously been used to display signs. I understand this to no longer used be Page No 63

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 because consent to display signs in an alternative location was granted in 2009.

Whilst I would not usually wish to support developments that add traffic to accesses with substandard visibility, the access serving retail unit also serves a number of other industrial premises in addition the applicant’s warehouse. The current proposals are unlikely to significantly increase volumes of traffic using the access and in any case a retail unit could continue to operate at the site irrespective of the outcome of this application. I therefore consider it unlikely that the proposals will significantly or unacceptably increase the danger to users of the highway. The applicant’s agent has however confirmed that the sign board will be removed.

An additional plan has been received indicating that there are an adequate number of parking spaces close to the unit.

Representations: In response the points made by the objector that have not already been covered above:

i) the previous permission included restrictions on the goods sold and times of opening and I intend to impose similar restrictions on this permission thus acknowledging that the Wrexham Industrial Estate is not a location where retail development is generally encouraged;

ii) I am not in a position to comment on business rates. The amount of business rates paid by the applicant is not a planning consideration;

iii) This application does not set a precedent for the development of large scale retail outlets on the Wrexham Industrial Estates.

iv) Planning law does not include any specific rulings about the location of retail development. However national and local policies direct retail developments to designated retail centres. However policies also allow for limited retail development to take place elsewhere provided they do not impact upon the vitality and viability of those retail centres.

v) This development is of a very limit scale and does not change the character of the Industrial Estate, which is and will continue to be dominated by office, industrial and warehouse uses.

Conclusions: That subject to conditions limiting the nature of goods sold, the area of retail floor space and the times of opening, the proposals will not prove harmful to town or district shopping centre viability. Page No 64

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. No use of the shop subject to this permission shall be made between 15 January and 13 October and between 25 December and 31 December in any calendar year. 2. No use of the shop shall be made before 0900 or after 1700 Monday to Saturday and before 0900 or after 1600 on Sundays and Bank Holidays. 3. No retail sales shall take place on or in any part of the premises except within the area edged in red on the approved plans. 4. The premises shall not be used for any purpose within class A1 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order with or without amendment) other than a retail outlet for the sale of Christmas and Halloween decorations.

REASON(S)

1. To enable the Council to control the scale and extent of retail activities to ensure they comply with the provisions of the adopted development plan. 2. To enable the Council to control the scale and extent of retail activities to ensure they comply with the provisions of the adopted development plan. 3. To enable the Council to control the scale and extent of retail activities to ensure they comply with the provisions of the adopted development plan. 4. To enable the Council to control the scale and extent of retail activities to ensure they comply with the provisions of the adopted development plan.

______Page No 65

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0193 LAND ADJACENT TO ROSE 14/03/2011 COTTAGE 3 OAKFIELD BOWERS ROAD ACREFAIR WREXHAM COMMUNITY: LL14 3TZ CASE OFFICER: Cefn LB1 DESCRIPTION: VARIATION OF CONDITION 2 OF WARD: PLANNING PERMISSION CODE NO AGENT NAME: Cefn P/2008/0192 TO ALLOW ADDITIONAL CASELY & WHALE TIME FOR SUBMISSION OF MR PAUL WHALE RESERVED MATTERS

APPLICANT(S) NAME: MR GARRY EVANS

______

THE SITE

Plot of land on former railway line, Acrefair.

Application site Page No 66

PROPOSAL

Variation of Condition 2 of Planning Permission Code No. P/2008/0192 to allow additional time for submission of reserved matters.

HISTORY

P/2008/0192 Outline application for the erection of 1 No. dwelling and construction of new vehicular and pedestrian access. Granted 18/04/08

DEVELOPMENT PLAN

Lies within settlement limit, Policies GDP1, PS1, PS2, H2 and Guidance Notes 16 and 21 apply.

CONSULTATIONS

Community Council: Supports the application Local Member – Cllr Coleman: Supports the application Cllr Moysen- Notified 15/03/11 Highways: No objections Public Protection: Contaminated land condition on previous application should be reiterated on this one. Welsh Water: No comments Site Notice: Expired 08/04/11 Other representations: One letter received raising the following points:  The land is much higher than the land on which the neighbouring bungalow is built.  The higher land would result in increased darkness to the neighbouring property, even a fence would reduce sunlight levels.  There would be vehicles all around the existing bungalow reducing levels of amenity.  The main rooms of the neighbouring bungalow would be overlooked by the proposed new house.  Led to believe that no boundary or other building would be built on the railway land.  Cefn Community has commemorated the railway at other locations with plaques, this old railway route should be retained. Page No 67

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011  The private road to the site is crossed by the footpath to the school. An increase in traffic will affect highway safety in this area.

Background: The outline application P/2008/0192 was granted following a committee site visit on 18 April 2008. There were no details of the proposed building submitted with the original application and conditions were imposed restricting the proposed dwelling to be single storey only and requiring the potential contamination of the former railway land to be investigated prior to construction. Conditions required the reserved matters to be submitted by 18 April 2011.

It is understood that it is the contamination works that have resulted in the delays in development. The applicants therefore require additional time to submit the reserved matters application.

The site: The land lies within the settlement limit for Acrefair and on a section of the former Llangollen to Ruabon Railway line. This line closed in the 1960s although the Llangollen Railway Trust have aspirations for the line to be reopened in the future. There are currently no immediate plans for the line to be opened.

The neighbouring properties are all bungalows and the land lies higher than Acrefair School and the properties to the south west. The site is accessed by a private drive that serves 4 existing properties. The footpath that leads to this school joins this private drive at the corner adjacent to 1 and 4 Oakfield.

Impact on amenity: No details of the location of the building have been submitted, however it is considered that it would be possible to erect a dwelling which would comply with the guidance and have minimal impact on the neighbouring dwellings.

The access is to be sited off the existing turning and parking area, details of the parking area will be submitted as part of the reserved matters and the impact on the neighbouring property can be minimised.

Increasing the length of time in which to submit reserved matters would not affect the amenity of the neighbouring property.

Conclusion: There have been no policy changes since the original application was determined and there will be no adverse impacts as a result of an extension of time to submit reserved matters. Page No 68

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 siting of the building(s) b. the external appearance of the building(s) c. the means of access to the site and building(s) d. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before 12 April 2012. 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 18 April 2013 or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Foul water and surface water shall be drained separately from the site. 5. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. 6. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment. 7. 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 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. 8. Details of the land levels at the site shall be submitted as part of the Reserved Matters application. 9. The reserved matters application shall include a detailed scheme of proposed and existing boundary treatments. The scheme as approved shall be implemented prior to the first occupation of the dwelling and thereafter retained unless otherwise agreed in writing by the Local Planning Authority. 10. The dwelling shall be a single storey dwelling. 11. Prior to commencement of development soak away tests shall be carried out in accordance with British Standard BS6297 : 1983. The results shall be submitted to the Local Planning Authority with a report from a suitably qualified person to show that the results are acceptable for the site and the development proposed. 12. All works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 07.30 Page No 69

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 hours to 18.00 hours Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays and at no time on Sundays and Bank Holidays. 13. There shall be no bonfires on the site, to include the prohibition of the burning of cleared vegetation.

REASON(S)

1. To comply with Section 92 of the Town and Country Planning Act, 1990. 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To protect the integrity of the public sewerage system. 5. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. 6. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 7. In the interests of the amenities of the future occupants of the buildings 8. To allow full assessment of the proposal. 9. To ensure a satisfactory standard of appearance of the development. 10. In the interests of the street scene and amenity of neighbouring properties. 11. To ensure the proper drainage of the site. 12. In the interests of the amenity of neighbouring occupiers. 13. In the interests of the amenity of neighbouring occupiers. ______Page No 70

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0207 LAND ADJACENT TO PLAS CELYN 16/03/2011 NEW HOUSE LANE PENTRE WREXHAM COMMUNITY: LL14 5AW CASE OFFICER: Chirk MP DESCRIPTION: ERECTION OF TIMBER FRAMED WARD: TWO-STOREY DETACHED AGENT NAME: Chirk North DWELLING AND NEW VEHICULAR JOHN R MILES, RIBA ACCESS

APPLICANT(S) NAME: MR RICHARD A JONES

______

THE SITE

The application site forms part of the curtilage of Plas Celyn. Plan Celyn itself was subdivided into two dwellings - permission having been granted for this in 1985. The resulting properties are now known as Plas Celyn - nearest to the highway and The Orchard - located to the rear of Plas Celyn.

Application site and indicative footprint of dwelling Page No 71

PROPOSAL

As above.

HISTORY

5/7650 Proposed conversion and extension of existing dwelling to create to dwelling. Granted 2.8.1985 5/11229 Development of land by the erection of a dwelling and construction of new vehicular and pedestrian access (outline application). Granted 26.3.1990. 5/13988 Proposed erection of single storey dwelling, formation of vehicular access (outline application). Refused 31.3.1994. Appeal dismissed 20.12.94.

DEVELOPMENT PLAN

Inside settlement. Policies GDP1, H2 and T8 apply.

CONSULTATIONS

Community Council: No objection Local Member: Notified 17.3.11 Highways: Make the following comments: - development located on an unclassified highway; - traffic speed considered to be no more than 20mph; - 2.4m x 25m splays recommended. Road is only 4m wide, prepared to accept the splays can be taken to be centre line; - Plans indicate two bedroom house but there appears to be potential for attic rooms to be used as bedroom space; - Parking should be to maximum standard. Although plans only indicate two parking spaces, the hardstanding at the front of the dwelling is large enough to accommodate an additional vehicle; - Parking for existing dwelling unaffected; - Recommend conditions. Public Protection: Recommend measures to limit amenity impact of construction works. Welsh Water: Recommend drainage conditions. Environment Agency: Consulted 17.3.11 Access Group: Notified 17.3.11 Site Notice: Expired 11.4.11 Page No 72

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 Other Representations: 2 letters received. 1 expressing no objection the other expressing the following concerns: - not informed by application of his intentions; - possible disturbance to mains water supply; - statements made in submissions not correct; - concerned development will block access to other properties.

Policy: Policy H2 allows for new residential development within settlements provided the proposals also accord with GDP1 in respect of appropriate standards of siting, design and access. As such there is no policy objection in principle to this proposal.

Layout and Design: The dwelling will face New House Lane and follows the building line of adjacent dwellings. Its external appearance is in keeping with the appearance of the dwellings either site of it.

Amenity: The scheme accords with LPG21 separation distances. Plas Celyn and The Orchard have elevations that face the site and the former has a garden area immediately to the rear of the proposed dwelling. Whilst the development has been designed to minimise any overlooking there will be two attic rooms provided with roof lights in both the front and rear facing roof slope. There is no reason why these could not be used as habitable rooms so to ensure that the garden area of Plas Celyn is not overlooked a condition will be attached to require the rear-facing rooflights to have a cill height of 1.75m above finished floor level. Permitted development rights will also be withdrawn to prevent additional rear facing windows/rooflights being installed without planning permission.

The proposed dwelling will have a substantial garden area and Plas Celyn will also retain adequate private amenity space.

Access and parking: The splays recommended by Highways are achievable. The eastern crosses part of the land to be retained as garden for Plas Celyn however as that property and the application site are currently in the same ownership I am satisfied the splays can be provided and secured in the long term.

The plans show a two bedroom property although the attic rooms could be used to provide two additional bedrooms. LPG16 recommends that the maximum parking provision for a four bedroom property is 3 spaces. Whilst only two spaces are provided the hard surfaced area to the front of the property is large enough to accommodate an additional vehicle.

Highways have requested a condition to prevent gates being erected across the access within 5m of the highway boundary in the interests of free movement along New House Lane. This is a lightly trafficked road so it is Page No 73

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 unlikely highway safety issues if a limited number of vehicles waited on the highway whilst gates are opened/closed. I do not intend to impose the condition.

Trees: There are a number of trees on the site however their loss will not have a significant impact upon the appearance of the area.

Other issues: Whilst I would certainly encourage all landowners/developers to discuss their proposals with neighbouring owners/occupiers prior to submitting a planning application they are not obliged to do so.

The grant of planning permission would not give the applicant or a future developer the right to damage or disrupt the water supply to any nearby property. This is a private matter for the affected parties to resolve themselves and is not a matter that warrants the delay or refusal of the planning application.

The proposed dwelling will have its own access directly off New House Lane as well as a parking area so it will not restrict or block access to other properties.

Conclusion: The development accords with adopted Unitary Development Plan policies.0207

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3 2010. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3 2010. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Page No 74

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3 2010. 6. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 7. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 2129/3/A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 8. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 9. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 10. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 11. The landscaping scheme submitted and approved in connection with condition no. 10 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 12. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 13. With the exception of those shown on the approved plan and notwithstanding the provisions Class A of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in the north elevation of the first floor of the dwelling. 14. Notwithstanding the approved plans and the provisions Class B of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), with the exception the dormer window serving the attic floor landing, no windows, dormer windows, roof lights or other openings shall be inserted in the north facing roof slope of the dwellings other than ones with a cill height not less than 1.75 metres above the finished floor level of the attic floor. Page No 75

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 4. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 5. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 6. To ensure that adequate visibility is provided at the proposed point of access to the highway. 7. 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. 8. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 9. In the interests of highway safety. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 12. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 13. To protect the amenities of the occupiers of nearby properties. 14. To protect the amenities of the occupiers of nearby properties.

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

All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

The applicant should also be advised that the Council has the option to control construction site noise by means of a Control of Pollution Act 1974, Section 60, Notice, where deemed necessary. The applicant is advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information. Page No 76

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and 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. · 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. Page No 77

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 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

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0210 28 MARKET STREET RHOS 17/03/2011 WREXHAM LL14 1AF COMMUNITY: CASE OFFICER: Rhos DESCRIPTION: LB1 RENOVATION AND CONVERSION OF PREVIOUS BANK PREMISES TO WARD: PROVIDE FOUR APARTMENTS AGENT NAME: Ponciau WITH ASSOCIATED PARKING AREA SBS DESIGN LTD J A BENTON APPLICANT(S) NAME: MR W SPENCER

______

THE SITE

Former HSBC premises on Market Street in Rhosllanerchrugog.

Former HSBC Site of new premises bungalow Page No 79

Renovation and conversion of previous bank premises to provide four apartments with associated parking area.

HISTORY

P/2010/1072 Renovation and conversion of previous bank premises to provide four apartments with associated parking area. Refused 18/02/11

Current application on adjacent site – P/2011/0219. Also on Committee agenda.

DEVELOPMENT PLAN

Lies within the settlement area and District Shopping Centre. Policies GDP1, PS2, S5, H2, CLF1 and Guidance Notes 16 and 21 apply.

CONSULTATIONS

Local Member (Cllr Pemberton): No objections Cllr Roberts: Notified 18/03/11 Community Council: Consulted 18/03/11 Public Protection: No objections but request conditions relating to hours of working. Highways: No objection but request conditions Welsh Water: No objections but request conditions relating to drainage provision. Site Notice: Expired 13/04/11 Other representations: Neighbouring properties notified 21/03/11

Background: Members may recall that this proposal has previously been submitted and was considered at the February Planning Committee and subsequent site visit. The proposal was refused on the basis of lack of parking provision which would exacerbate on street parking in the locality. The previous application provided four parking spaces – one for each flat.

The Site: The building lies in the centre of Rhosllanerchrugog and was the former HSBC premises. The bank has been closed for more than 12 months and has been advertised for sale during this time with no interest received in using the premises for business purposes. The property was sold in October 2010 at auction.

The property was formerly a bank with one flat above, the proposal is to create four two bedroom flats, altering the existing flat and creating three additional units. Page No 80

There is a parking area to the rear of the premises and this is to be used to provide amenity area, parking and cycle and bin storage.

The land to the rear of the bank was previously indicated as a future development site. An application for a bungalow on this site has been received and is reported on this committee, application P/2011/0219.

District Shopping Centre: The property lies within the centre of the Rhosllanerchugog District Shopping Centre and as such Policy S5 applies. This seeks to resist the loss of shopping/commercial facilities in order to maintain the vitality and viability of the shopping area.

The bank has been closed for a period of time and the site been marketed without success for an extended period. I consider that sufficient effort has been made to retain the commercial use of the building. Furthermore there are other vacant units within the district shopping centre, which are currently being advertised for sale/let. Whilst the loss of this unit is regrettable it would appear that there is no demand for business premises at the current time and the general street scene and locality would be enhanced by the building being brought back into use rather than sitting vacant.

Amenity: The size of the building is not being altered so there will be no additional overshadowing or overbearing created by the proposal.

In order to accommodate the four flats changes have been made to the elevations providing new and altering existing windows. To the front elevation (Market Street) the front door to the bank will be replaced by a window, matching the design of the existing windows. The internal arrangement of the property means that on the ground floor there will be living and kitchen windows facing Market Street. Whilst these additional windows would not meet the separation distances in relation to the shops opposite, the separation of windows across a narrow street in a village centre location is not unusual in this locality. The windows to the first floor formed part of the existing flat so there would be no alteration in the amenity.

The windows in the side elevation (Princes Street) have been altered so that the pattern is more uniform which improves the appearance of the building. There are no windows for habitable rooms in the building opposite to create any overlooking.

The bank premises lie 12 metres away from the side elevation of the proposed bungalow. The side elevation of the bungalow has no windows facing the bank. Whilst this separation distance is less than the required standard of 13 metres in this instance I do not feel that this would have an adverse impact on the amenity of the occupiers.

There is sufficient amenity space in the rear yard for the number of dwellings proposed. Page No 81

Parking: The previous application provided four parking spaces for the site, this application provides 6 parking spaces – one and a half for each two bedroomed flat. Local Planning Guidance Note 16 requires the provision of 2 car parking spaces for each 2 bedroomed property; this provision is less than that required however in this instance I consider it to be acceptable.

The site lies in the centre of Rhosllanerchrugog within easy walking distance of all local facilities and shops. There are also frequent bus services through Rhos to both the north and south of the County. The provision of car parking is therefore considered to be satisfactory in relation to the site and its surroundings.

Cycle storage will also be provided at the site to encourage sustainable means of transport.

To improve highway safety at the site a pavement is to be provided along Princes Road where none currently exists. This will help improve pedestrian safety in the locality.

Conclusion: The proposed change of use will not adversely affect the amenity of the local area and will bring back into use a building that may otherwise become derelict. The parking provision is acceptable for a building in the centre of the village and I therefore recommend accordingly.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 3. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 4. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. C7626-09. 5. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 6. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 18 metres in both directions measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. Page No 82

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 7. The vehicular parking and turning areas as shown on approved drawing(s) No(s) C7626-09 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 8. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 9. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: a) Detailed layout, design, drainage and construction of the proposed new footway. The scheme as is approved shall be fully implemented prior to the first use of the development. 10. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 3. To protect the amenities of the occupiers of nearby properties. 4. In the interests of highway safety. 5. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access). 6. To ensure that adequate visibility is provided at the proposed point of access to the highway. 7. 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 highway safety. 8. In the interests of highway safety. 9. In the interests of highway safety. 10. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment.

The applicant is advised that compliance with condition no. 3 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. Page No 83

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional Page No 84

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 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.

______Page No 85

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0215 GOSPEL HALL 9 NORMAN ROAD 21/03/2011 WREXHAM LL13 7BG COMMUNITY: CASE OFFICER: Offa DESCRIPTION: SEH NEW FRONT ENTRANCE

WARD: APPLICANT(S) NAME: AGENT NAME: Hermitage MR ALLAN ATKINSON MR ALLAN ATKINSON

______

THE SITE

Proposed Front Extension

PROPOSAL

As above.

RELEVANT HISTORY

CB02123 Meeting room and rear entrance Granted 09/06/1998 foyer P/2000/1078 Extension to side foyer Granted 11/01/2001 Page No 86

DEVELOPMENT PLAN

Within defined settlement limit of Wrexham. UDP policies GDP1 and PS2 apply.

CONSULTATIONS

Community Council: No objection Local Members: Notified 22/03/2011 Access Group: Consulted 22/03/2011 Highways: Consulted 22/03/2011 Welsh Water: Consulted 06/04/2011 Site notice: Expired 13/04/2011 Other Representations: One on-line comment received raising the following Concerns:  Loss of view and light; and  Rubbish skip left on road during construction will obstruct parking.

Background: This is an application for a new front entrance to the existing Gospel Hall to improve accessibility to the building with ramped access to the front of the building. The relevant planning issues to consider relate to impact of the development upon the appearance of the building and the impact upon the residential amenities of the adjacent dwelling.

Design and residential amenity: The proposed front extension is of simple design, in-keeping with the existing building, and the development would not overdominate the streetscene. When applied to the development, the Councils adopted tests for daylight (BRE test) are satisfied and there would be no significant loss of daylight to the adjacent properties

Other Matters: Concerns have been raised in relation to the loss of view from the windows of the adjacent dwelling; however there is no right to a view over neighbouring property. Concern raised in relation to the potential presence of a skip on the highway during the development phase is also not a relevant planning consideration.

Conclusion: The proposed extension is acceptable in terms of scale and design and the development would accord with the streetscene. There would be no significant detrimental impact upon local residential amenity and I recommend accordingly. Page No 87

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. ______Page No 88

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0219 LAND WEST OF THE BUNGALOW 23/03/2011 PRINCES ROAD RHOSLLANERCHRUGOG COMMUNITY: WREXHAM CASE OFFICER: Rhos LL14 1AB LB1

DESCRIPTION: WARD: ERECTION OF 1 NO. DORMER AGENT NAME: Ponciau BUNGALOW SBS DESIGN LTD

APPLICANT(S) NAME: MR W SPENCER

______

THE SITE

Land between The Bungalow and the former HSBC premises, Princes Road, Rhosllanerchrugog.

Former HSBC Site of new premises bungalow

PROPOSAL

Erection of 1 No. dormer bungalow. Page No 89

HISTORY

None relevant.

Application on adjoining site for conversion of former HSBC premises. Application P/2011/0210, also on this Committee.

DEVELOPMENT PLAN

Lies within the settlement area and District Shopping Centre. Policies GDP1, PS2, S5, H2, CLF1 and Guidance Notes 16 and 21 apply.

CONSULTATIONS

Local Member: Notified 24/03/11 Community Council: Consulted 24/03/11 Public Protection: No objections but request conditions relating to hours of working. Highways: Visibility and parking are adequate, request conditions placed on permission. Welsh Water: No objections but request conditions relating to drainage provision. Site Notice: Expired 22/04/11 Other representations: Neighbouring properties notified 31/03/11

Background: This site is in the same ownership as the adjacent former HSBC premises. An application at the neighbouring site was refused due to the lack of provision of parking; this has been resubmitted and is under consideration at this committee meeting. This application clearly shows how the two sites relate to each other.

The site: The site lies on Princes Road in Rhosllanerchrugog between an existing bungalow and the former HSBC premises. To the rear lies the Telephone Exchange building.

The proposal is for a 2 bedroomed dormer bungalow. Two parking places and an access of Princes Road are to be provided.

Design and Amenity: The design of the building is acceptable and fits in with the general street scene. It is 1 metre higher than the neighbouring bungalow, however it will not over dominate it and this difference in height also provides a link between the two storey HSBC building to the west and the neighbouring single storey bungalow. Page No 90

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 There are no side facing windows in the neighbouring bungalow to be affected and the proposed windows meet the required separation distances to all properties. There will be no overshadowing created by the building.

There is sufficient garden space provided for the property.

Parking: The area has previously been used as an informal parking area, the visibility is considered to be acceptable at the site.

There will be two parking spaces for the property, which is in line with the requirements of Guidance Note 16. The property will also lie within walking distance of the shops and facilities of Rhosllanerchrugog and close to the bus route, thus encouraging sustainable transport options.

Other Considerations: The building will meet Code for Sustainable Homes Level 3 as required.

Conclusion: The proposed bungalow is acceptable in terms of design, amenity and parking and I therefore recommend accordingly. P/2011 /0219 RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 5. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 6. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009. The development shall be carried out entirely in accordance with the approved assessment and certification 7. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, Page No 91

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009. 8. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 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 ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 4. To protect the amenities of the occupiers of nearby properties. 5. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 6. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 7. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government. 8. To comply with the requirements for sustainable buildings published by the Welsh Assembly Government.

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

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: Page No 92

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

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. Page No 93

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 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.

______Page No 94

APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0249 THE MITRE VAULTS 32 04/04/2011 PENTREFELIN WREXHAM LL13 7LU COMMUNITY: CASE OFFICER: Offa DESCRIPTION: SEH CHANGE OF USE AND ALTERATIONS TO EXISTING WARD: PUBLIC HOUSE FOR STUDENT AGENT NAME: Brynyffynnon ACCOMMODATION PLATT WHITE PARNERSHIP APPLICANT(S) NAME: MR DAVID LAMB UNISTAY (ISLAND GREEN) LTD

______

THE SITE

Application Site

Vehicular access and parking Area for 10 no. cars

PROPOSAL

As above. Page No 95

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 RELEVANT HISTORY

P/2011/0007 Change of use and alterations to Refused 23/2/2011 existing public house for student accommodation P/2011/0008 Erection of new 4 storey building to Refused 23/2/2011 provide student accommodation

DEVELOPMENT PLAN

Within defined settlement limit of Wrexham and within a C2 Flood Risk Zone (High Risk), and SAC Buffer Zone. UDP policies PS1, PS2, PS3, PS4, PS8, PS11, GDP1, H2, EC6, EC9, EC12 and T8 apply. Local Planning Guidance Note No. 16 ‘Parking Standards’ is also relevant.

CONSULTATIONS Community Council: Re-consulted 18/04/2011 Local Members: Re-notified 18/04/2011 Access Group: Consulted 06/04/2011 Highways: No objection subject to recommended conditions and advisory notes. Public Protection: No objection subject to recommended advisory notes. Welsh Water: Consulted 06/04/2011 Environment Agency: Consulted 06/04/2011 CCW: No objection subject to the works to the roof being carried out in a precautionary manner. FHS: Consulted 06/04/2011 DHS: Consulted 06/04/2011 CPRW: Consulted 06/04/2011 Site notice: Expired 28/04/2011 Other Representations: Concerns raised in relation to the right of access over the development site to the area of land edged in blue which will be obstructed by the proposed car park boundary fence. Re-notified 18/04/2011

Background: This is an application for the change of use of an existing public house to provide 4 no. floors of student accommodation (20 no. bedrooms). Planning permission for change of use was previously refused (P/2011/0007) because of the impact upon highway safety due to the lack of any proposed on site parking, and because adequate information relation to the management of flooding risk had not been submitted. The relevant planning issues to consider therefore relate to the impact of the proposed amended scheme on highway safety and the potential for flooding. Page No 96

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 Highways and Parking: 10 no. on-site parking spaces have been proposed in accordance with the requirements of Local Planning Guidance Note No. 16 (1 parking space per two bedspaces) and the development would not lead to an increase in indiscriminate on-street parking. The existing access onto Pentrefelin appears to have been disused, however there is a dropped kerb still in place. The inclusion of a ramped access to the building will narrow this access slightly and so it would be appropriate to widen the exiting access to compensate for this. This may impact upon the parking layout and result in a loss of one of the spaces. I would not consider the loss of one space to have a significant impact given the sustainable location of the building within the town centre and close to all of the amenities and with ease of access to the university and colleges, adjacent taxi rank, bus and train stations.

The proposed use is unlikely to increase traffic generation significantly over and above the existing public house / B&B and is not therefore considered to be to the detriment of highway safety.

Flood Risk: The application site lies entirely within Zone C2, as defined by the development advice map referred to under TAN 15 Development and Flood Risk (July 2004). The Flood Map information confirms the site to be within the extreme flood outline. In order to minimise the consequences in the event of a flood the applicant does not intend to convert the basement area, and a Flood Consequence Assessment has been submitted as part of this application and the Environment Agency have been consulted on this basis.

Ecology: There is potential for the presence of breeding birds and bats within the roof space to be converted, and the applicant is required to carry out an ecological survey and submit a report of the findings together with a method statement for the works which contains adequate reasonable avoidance measures (RAMs).

Other Matters: Concerns have been raised in relation to the potential restriction of access to an area of land adjacent to the site, and historical rights of access have been asserted by the leaseholder. No evidence of this asserted right has been submitted and the plan shows that this area (edged blue) can be accessed from North and North West. This issue of land ownership and asserted legal rights are not relevant planning considerations and are private matters between the land owners which do not preclude the granting of planning permission.

Conclusion: The proposed change of use is acceptable in terms of scale and design, and is appropriate to the location. Adequate on-site parking has been provided which is accessible via an existing access from Pentrefelin. Provided that no objections to the development are received from either the Environment Agency or Highway Authority, I recommend that planning permission is granted. Page No 97

RECOMMENDATION A

That should no objection to the development be made by the Environment Agency or Highway Authority, delegated powers be given to the Head of Community Wellbeing and Development to grant planning permission subject to the appropriate conditions including:-

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Any works to the roof of the building to which this permission relates shall only be carried out in a precautionary manner to include the following: - Any weather boarding, hanging tiles, soffits, fascia and barge boarding shall be removed by hand, and - Should any bats be discovered all works on the building shall cease and the Countryside Council for Wales contacted for further advice. 4. The development hereby approved shall only be used as student accommodation and for no other purpose. 5. No part of the development shall commence until a noise survey in order to determine noise levels for both day and night has been carried out, and a detailed report of the survey findings together with a detailed scheme of noise attenuation and/or noise insulation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 6. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 7. Prior to first use of the development a suitable grease trap shall be provided in order to prevent entry into the public sewerage system of matter (cooking fats, oils and grease etc) likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 10. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. Page No 98

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 11. The vehicular access hereby approved shall be a minimum width of 4.5 metres. 12. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 8583/105/P3 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 13. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 4. In the interests of highway safety. 5. To protect the amenities of the occupiers of nearby properties. 6. To protect the amenities of the occupiers of nearby properties. 7. To prevent pollution of the water environment. 8. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 10. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 11. To ensure the formation of a safe and satisfactory access. 12. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 13. To ensure that adequate visibility is provided at the proposed point of access to the highway.

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

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring Page No 99

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 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.

Applicants are advised that compliance with condition no. 6 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

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

This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. Page No 100

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 MAY 2011 If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01433 331155.

RECOMMENDATION B

That should an objection to the development be made by the Environment Agency or Highway Authority, delegated powers be given to the Head of Community Wellbeing and Development to refuse planning permission and to determine the final form and content of the reasons for the decision.

______Page No 101

LIST OF DELEGATED DECISIONS ISSUED

GWE P/2010/0871 LAND AT THE QUEENS HEAD OUTLINE APPLICATION FOR RESIDENTIAL GRANTED GLANLLYN ROAD BRADLEY DEVELOPMENT on 29/03/2011 WREXHAM LL11 4BD ROS P/2010/0994 21 ROVERS MEADOW ALMERE CONTINUED SITING OF CARAVAN UNIT WITHDRAWN FARM ROSSETT WREXHAM LL12 on 07/04/2011 0BY BRO P/2010/1055 OXEN PARK WHITCHURCH ROAD ERECTION OF PORTAL STEEL FRAMED REFUSED THE CHEQUER BRONINGTON BUILDING (18.288M X 9.144M) on 19/04/2011 WHITCHURCH SY13 2JQ LGC P/2010/1086 HARMONY RISE GARTH ROAD FIRST FLOOR EXTENSION TO PROVIDE GRANTED GLYN CEIRIOG LLANGOLLEN LL20 ADDITIONAL BEDROOM ACCOMMODATION AND on 30/03/2011 7LY MINOR GROUND FLOOR ALTERATIONS CEF P/2011/0017 PENRALLT RUSSELL STREET CEFN EXTENSION AND ALTERATIONS GRANTED MAWR WREXHAM LL14 3BL on 19/04/2011 WRO P/2011/0026 RUTHIN ROAD WREXHAM LL13 ERECTION OF NEW SUPERSTORE, SERVICE WITHDRAWN 7TY YARD, CAR PARKING, ACCESS ROAD, PETROL on 11/04/2011 FILLING STATION WITH ASSOCIATED LANDSCAPING, EXTERNAL LIGHTING AND TROLLEY STORAGE SHELTERS. WOR P/2011/0042 LAND TO THE REAR OF 1 CHURCH ERECTION OF TWO DWELLINGS (ONE WITH WITHDRAWN VIEW CHURCH ROAD GRANNY ANNEX), THREE DETACHED GARAGES on 24/03/2011 WORTHENBURY WREXHAM LL13 AND ALTERATIONS TO EXISTING ACCESS 0AW RUA P/2011/0049 Y BERLLAN RHOSYMADOC FARM REMOVAL OF CONDITION 2 OF PLANNING REFUSED RHOSYMADOC RUABON WREXHAM PERMISSION P/2001/0220 TO ALLOW FOR on 08/04/2011 LL14 6LP EXISTING GRANNY FLAT TO BE LET OUT AS SELF CONTAINED FLAT CHI P/2011/0057 RICHARD BURBIDGE UNIT 23 DEMOLITION OF EXISTING INDUSTRIAL UNITS GRANTED CANAL WOOD INDUSTRIAL ESTATE AND ERECTION OF WAREHOUSE AND OFFICES on 28/03/2011 CHIRK WREXHAM LL14 5RL LINKED TO EXISTING FACTORY BUILDING HOL P/2011/0062 CLAYS FARM BRYN ESTYN ROAD ERECTION OF DOUBLE GARAGE GRANTED WREXHAM LL13 9UB on 28/03/2011 CEF P/2011/0078 9 DOLYDD LANE CEFN MAWR CONSERVATORY TO REAR OF DWELLING (IN GRANTED WREXHAM LL14 3NF RETROSPECT) on 28/03/2011 ESC P/2011/0084 HAULFRYN CORKSCREW LANE REMOVAL OF EXISTING SINGLE STOREY GRANTED PENTRE BYCHAN WREXHAM LL14 EXTENSION, ERECTION OF NEW TWO-STOREY on 28/03/2011 4EL EXTENSION AND ALTERATIONS TO VEHICULAR ACCESS WRO P/2011/0090 HIGHTOWN BARRACKS ERECTION OF 3 STOREY APARTMENT TO REFUSED KINGSMILLS ROAD WREXHAM HOUSE 9 NO. SINGLE BEDROOM APARTMENTS on 08/04/2011 LL13 7YD AND ASSOCIATED PARKING WRC P/2011/0092 FORMER GARAGE SITE ACCESSED USE OF LAND AS COMMUNITY ALLOTMENT (12 GRANTED NORTH OF 17 BROOM GROVE PLOTS) on 05/04/2011 WREXHAM LL13 9DL HOL P/2011/0093 LONDIS CASTLE STREET HOLT DEMOLITION OF 3 TIMBER STORAGE GRANTED WREXHAM LL13 9YW BUILDINGS AT REAR, REAR EXTENSION TO on 29/03/2011 PROVIDE ADDITIONAL RETAIL AREA AND STORAGE, REPLACEMENT SHOP FRONT AND REPLACEMENT FIRST FLOOR WINDOWS SERVING FLAT OVER LLA P/2011/0096 LLAY PARK COMMUNITY PRIMARY INSTALLATION OF MOBILE CLASSROOM GRANTED SCHOOL SCHOOL ROAD LLAY on 28/03/2011 WREXHAM LL12 0TR Page No 102

BRY P/2011/0097 WEST GROVE PLEASANT LANE REPLACEMENT OF EXISTING GARAGE (IN GRANTED BRYMBO WREXHAM LL11 5DH RETROSPECT) on 28/03/2011 GRE P/2011/0099 LAND ADJACENT TO QUARRY RIGG ERECTION OF DWELLING (PREVIOUSLY GRANTED PANT LANE GRESFORD WREXHAM GRANTED UNDER CODE NO P/2005/1380) on 28/03/2011 LL12 8SG GLY P/2011/0100 PANDY BACH PONTFADOG CONVERSION OF BARN TO DWELLING GRANTED WREXHAM LLANGOLLEN LL20 7AH on 07/04/2011 HOL P/2011/0102 BORRAS HALL BORRAS HALL LANE RETENTION OF AGRICULTURAL BUILDING (IN REFUSED LLANYPWLL WREXHAM LL13 9SG RETROSPECT) on 28/03/2011 WOR P/2011/0104 HURDLE VIEW TALLARN GREEN EXTENSION TO DWELLING GRANTED WREXHAM SY14 7LQ on 08/04/2011 ISY P/2011/0106 LOWER HALL LOWER ROAD ERECTION OF GENERAL PURPOSE GRANTED BOWLING BANK WREXHAM LL13 AGRICULTURAL BUILDING on 05/04/2011 9RT ERB P/2011/0110 LAND SOUTH OF THE NANT NANT Y OUTLINE APPLICATION FOR THE ERECTION OF REFUSED LLADRON COTTAGES ERBISTOCK DWELLING on 28/03/2011 WREXHAM LL13 0DD LLA P/2011/0112 GWASTAD HALL NURSING HOME ERECTION OF POLYTUNNEL (IN RETROSPECT) GRANTED LLAY ROAD CEFN Y BEDD on 05/04/2011 WREXHAM LL12 9UH WRR P/2011/0116 9 STIRLING AVENUE WREXHAM DEMOLITION OF EXISTING DETACHED GRANTED LL11 2RA GARAGE. ERECTION OF NEW ATTACHED on 28/03/2011 GARAGE, FRONT PORCH, BAY WINDOW AND UTILITY ROOM CHI P/2011/0118 15 PRINCESS AVENUE CHIRK SINGLE STOREY BEDROOM AND SHOWER GRANTED WREXHAM LL14 5LG ROOM EXTENSION on 28/03/2011 HAN P/2011/0120 BRYN ROSSETT FARM MULTI-PURPOSE BARN AND STABLES GRANTED WHITCHURCH ROAD HANMER (AGRICULTURAL/LIVERY) ADJOINING EXISTING on 28/03/2011 WHITCHURCH SY13 3BS INDOOR MENAGE AND ASSOCIATED LANDSCAPING RHO P/2011/0122 ST JOHNS CHURCH CEMETERY CREATION OF NEW VEHICULAR ACCESS GRANTED ROAD RHOSLLANERCHRUGOG DRIVEWAY AND PARKING/TURNING AREA on 29/03/2011 WREXHAM LL14 2BP RHO P/2011/0123 ST JOHNS CHURCH CEMETERY LISTED BUILDING CONSENT FOR REMOVAL OF GRANTED ROAD RHOSLLANERCHRUGOG SECTION OF EXISTING STONE WALL AND on 11/04/2011 WREXHAM LL14 2BP CREATION OF NEW DRIVEWAY AND PARKING/TURNING AREA GWE P/2011/0125 14 CHESTNUT ROAD BRADLEY ERECTION OF CONSERVATORY TO REAR OF GRANTED WREXHAM LL11 4BX DWELLING on 28/03/2011 WRO P/2011/0129 BETWEEN BRIDGE CROSSING AND REMOVE ONE ALDER TREE (T22) GRANTED RIVER GWENFRO WEST OF on 08/04/2011 CROESNEWYDD ROAD WREXHAM LL13 7YP WOR P/2011/0132 WHALEBONE HOUSE PLASSEY SINGLE STOREY SIDE EXTENSION GRANTED LANE WILLINGTON MALPAS on 30/03/2011 WREXHAM SY14 7LS ISY P/2011/0133 WHITEFIELD STABLES RIDLEY SINGLE STOREY EXTENSION TO FORM UTILITY GRANTED WOOD ROAD RIDLEY WOOD ROOM on 06/04/2011 WREXHAM LL13 9US WRO P/2011/0134 8 BELGRAVE ROAD WREXHAM GROUND AND FIRST FLOOR EXTENSION AND GRANTED LL13 7ES ALTERATIONS TO EXISTING DWELLING on 08/04/2011 HAN P/2011/0135 HOLEBROOK FARM ELLESMERE REMOVAL OF HEDGEROW REFUSE/GRANT ROAD BRONINGTON WREXHAM on 04/04/2011 SY13 3HX Page No 103

ROS P/2011/0136 NEW FARM COBBLERS LANE ERECTION OF SILAGE CLAMP GRANTED BURTON WREXHAM LL12 0AH on 28/03/2011 BRY P/2011/0137 LAND AT HARWD ROAD BRYMBO VARIATION OF CONDITION 2 OF PLANNING REFUSED WREXHAM LL11 5BP PERMISSION CODE NO P/2005/0016 TO EXTEND on 18/04/2011 PERIOD OF TIME WITHIN WHICH TO MAKE APPLICATION FOR APPROVAL OF RESERVED MATTERS BY A FURTHER 3 YEARS BRY P/2011/0138 LAND AT GWALIA ROAD BRYMBO VARIATION OF CONDITION 2 OF PLANNING REFUSED WREXHAM LL11 5BY PERMISSION CODE NO P/2005/0015 TO EXTEND on 18/04/2011 PERIOD OF TIME WITHIN WHICH TO MAKE APPLICATION FOR APPROVAL OF RESERVED MATTERS FOR A FURTHER PERIOD OF 3 YEARS LLA P/2011/0139 THE GRANGE GEGIN LANE LLAY CONVERSION OF EXISTING NURSERY UNITS GRANTED WREXHAM LL12 0NU INTO 2 NO. RESIDENTIAL DWELLINGS on 08/04/2011 PEN P/2011/0140 22 CAE GABRIEL PENYCAE FIRST FLOOR EXTENSION TO GABLE END GRANTED WREXHAM LL14 2PH on 06/04/2011 WRO P/2011/0141 FORMER DUSSEKS SITE WATERY ERECTION OF TWO FASCIA PANELS, ONE GRANTED ROAD WREXHAM LL13 7SY BADGE SIGN, ONE RECEPTION SIGN, FREE on 06/04/2011 STANDING CAR PARK SIGN AND PYLON SIGN LLR P/2011/0142 HAFAN TOWER HILL ACREFAIR ERECTION OF DETACHED GARAGE GRANTED WREXHAM LL14 3ST on 06/04/2011 BAN P/2011/0143 WOOD CROFT HOLLY BUSH LANE ERECTION OF SINGLE STOREY TIMBER CLAD GRANTED BANGOR ON DEE WREXHAM LL13 FIELD SHELTER on 30/03/2011 0BH LLA P/2011/0144 QUARRY BANK FARM DARK LANE PARKING AND OPERATION OF 1 NO. HEAVY GRANTED ROSSETT WREXHAM LL12 0AE GOODS VEHICLE. on 18/04/2011 WRA P/2011/0145 30 HAWKSTONE WAY THE TWO-STOREY REAR EXTENSION GRANTED FAIRWAYS WREXHAM LL13 9GP on 28/03/2011 ROS P/2011/0148 LLYNTRO FARM ROSEMARY LANE CONSTRUCTION OF SLURRY AND DIRTY GRANTED BURTON WREXHAM LL12 0LA WATER LAGOON on 08/04/2011 ROS P/2011/0149 LLYNTRO FARM ROSEMARY LANE CONSTRUCTION OF COVERED MANURE STORE GRANTED BURTON WREXHAM LL12 0LA AND EXTENSION TO SLURRY LAGOON on 08/04/2011 WRO P/2011/0150 24 COBDEN ROAD WREXHAM LL13 REPLACEMENT OF FLAT ROOF ON EXISTING GRANTED 7TH REAR EXTENSION WITH PITCHED SLATE ROOF, on 06/04/2011 DEMOLISH REDUNDANT CHIMNEY STACK AND SLATE OVER CEF P/2011/0152 1 KINGS LANE CEFN MAWR GROUND FLOOR REAR EXTENSION AND GRANTED WREXHAM LL14 3DW REPLACE FLAT ROOF WITH PITCHED ROOF on 28/03/2011 RHO P/2011/0153 KINGSWOOD NORTH ROAD CHANGE OF USE FROM 2 NO. FLATS TO GRANTED PONCIAU WREXHAM LL14 1HB SINGLE DWELLING on 19/04/2011 WRO P/2011/0154 48 PEN Y BRYN WREXHAM LL13 NEW SHOP FRONT GRANTED 7HY on 06/04/2011 GWE P/2011/0156 17 HEOL Y PARC BRADLEY DEMOLITION OF EXISTING SINGLE STOREY GRANTED WREXHAM LL11 4BS GARAGE AND ERECTION OF TWO STOREY AND on 06/04/2011 SINGLE STOREY EXTENSION TO SIDE ELEVATION RUA P/2011/0159 KANDY LODGE HIGH STREET EXTENSION TO KITCHEN AND BAY WINDOW TO GRANTED RUABON WREXHAM LL14 6BL LOUNGE on 06/04/2011 Page No 104

BRO P/2011/0160 AM/PM STORE 29 - 31 DARBY ROAD SINGLE STOREY EXTENSION TO RETAIL SHOP GRANTED BRYNTEG WREXHAM LL11 6LW AREA WITH ADDITIONAL SINGLE STOREY on 18/04/2011 STORAGE AND DISTRIBUTION AREA AND CONSTRUCTION OF NEW CAR PARK (RENEWAL OF PLANNING PERMISSION CODE NO P/2005/1310) GWE P/2011/0161 BOWLING GREEN OFF DELAMERE REPLACEMENT OF EXISTING FENCING WITH GRANTED AVENUE GWERSYLLT WREXHAM 2.2 METRE HIGH 'W' SECTION STEEL on 18/04/2011 LL11 4DA PALLISADE FENCING RUA P/2011/0163 PEN Y GARDDEN HALL PEN Y SINGLE STOREY EXTENSION (AMENDMENT TO GRANTED GARDDEN RUABON WREXHAM PLANNING APPLICATION PREVIOUSLY on 06/04/2011 LL14 6RE GRANTED UNDER CODE NO P/2010/0890) ESC P/2011/0168 39 TRINITY STREET RHOSTYLLEN ERECTION OF CONSERVATORY TO REAR OF GRANTED WREXHAM LL14 4AF DWELLING on 19/04/2011 ERB P/2011/0169 FERN COTTAGE CHAPEL LANE ERECTION OF REPLACEMENT DWELLING AND GRANTED ERBISTOCK WREXHAM LL13 0DF DETACHED GARAGE / STORE AND on 08/04/2011 ASSOCIATED WORKS (AMENDMENT TO PLANNING PERMISSION CODE NO P/2007/0284) WRO P/2011/0170 26 PERCY ROAD WREXHAM LL13 CONVERSION OF DWELLING INTO 2 NO, 2 BED REFUSED 7EE SELF CONTAINED FLATS on 19/04/2011

WRA P/2011/0172 2 FFORDD ELFED WREXHAM LL12 MONO PITCHED EXTENSION TO EXISTING GRANTED 7LU STUDY on 19/04/2011 GRE P/2011/0173 GREENBANK COTTAGE BORRAS DEMOLITION OF EXISTING SINGLE GARAGE GRANTED ROAD BORRAS WREXHAM LL13 AND ERECTION OF REPLACEMENT DOUBLE on 08/04/2011 9TN GARAGE WRO P/2011/0175 5 BERSHAM ROAD WREXHAM CONVERSION INTO 4 ONE BEDROOMED FLATS REFUSED LL13 7UT on 06/04/2011 WOR P/2011/0176 STABLE COTTAGE MULSFORD NEW TIMBER FRENCH DOORS AND SIDE GRANTED LANE WORTHENBURY WREXHAM LIGHTS on 06/04/2011 LL13 0AW GRE P/2011/0183 GARDEN AREA EAST OF THE VARIATION OF CONDITION 5 AND 6 OF GRANTED LAURELS PANT LANE GRESFORD PLANNING PERMISSION CODE NO. P/2008/0099 on 18/04/2011 WREXHAM LL12 8HB TO ALLOW THE CREATION OF TWO ACCESS POINTS ERB P/2011/0186 CRYMBAL FARM CRABTREE REPLACEMENT OF EXISTING STOCK GRANTED GREEN RUABON WREXHAM LL13 BUILDINGS WITH SINGLE PORTAL FRAME on 08/04/2011 0YF STRUCTURE WRA P/2011/0188 21 DENBIGH CLOSE WREXHAM CONSERVATORY EXTENSION GRANTED LL12 7TW on 18/04/2011 RHO P/2011/0196 BOWLING GREEN BRYN AVENUE INSTALLATION OF FLOODLIGHTING AND GRANTED JOHNSTOWN WREXHAM LL14 2SU IRRIGATION SYSTEM TO BOWLING GREEN on 19/04/2011 OVE P/2011/0198 GWYDYR HOUSE 7 PENYLLAN EXTENSION TO CAFE AREA GRANTED STREET OVERTON WREXHAM LL13 on 18/04/2011 0EE BRY P/2011/0200 CWM DDIRGEL STUD FURNACE KITCHEN, BEDROOM AND BATHROOM GRANTED ROAD FFRWD WREXHAM LL12 9TP EXTENSION (RENEWAL OF APPLICATION on 19/04/2011 PREVIOUSLY GRANTED UNDER CODE P/2006/0057) LGC P/2011/0201 SEION CHAPEL FFORDD TYN Y SINGLE STOREY TOILET EXTENSION TO REAR GRANTED CESTYLL GLYN CEIRIOG WREXHAM OF EXISTING CHAPEL on 18/04/2011 LL20 7HE CHI P/2011/0203 COED GELLI OFF NEWBRIDGE FORMATION OF NEW ACCESS TRACKS GRANTED ROAD PENTRE WREXHAM LL14 on 06/04/2011 5AR MAR P/2011/0209 FIVE FORDS WASTE WATER ERECTION OF KIOSK WITHIN EXISTING WASTE GRANTED TREATMENT WORKS CEFN ROAD WATER TREATMENT WORKS on 18/04/2011 CROSS LANES WREXHAM LL13 0PA Page No 105