REPORT of the CHIEF PLANNING OFFICER 4 June 2007

Page No 1

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Community Code No Applicant Recommendation Page No

WRO P/ 2007/0154 Mr G Powell REFUSE 3-5

ESC P/ 2007/0265 Watkin Jones Homes REFUSE 6-12

CEF P/ 2007/0313 Mr K Wycherley GRANT 13-20

ROS P/ 2007/0336 Mr J F Tomlinson REFUSE 21-25

ABE P/ 2007/0368 R H W Graham-Palmer GRANT 26-29

ROS P/ 2007/0415 G J Walton & Partners GRANT 30-39

ROS P/ 2007/0416 G J Walton & Partners GRANT 40-44

BRO P/ 2007/0435 Mr & Mrs C Brown GRANT 45-49

OVE P/ 2007/0442 Helen Hale, Barbara GRANT 50-55 Mathews & Rosemary Richards

CHI P/ 2007/0453 Punch Taverns (PML) GRANT 56-58 Limited Mr Wayne Johnson

COE P/ 2007/0459 Mr K Jones GRANT 59-62

CHI P/ 2007/0475 Mr & Mrs Gary Roberts GRANT 63-65

ISY P/ 2007/0476 Mr J Smith REFUSE 66-68

RUA P/ 2007/0480 Mr Kevin Doolan GRANT 69-72

RUA P/ 2007/0481 Mr W Smith GRANT 73-75

RHO P/ 2007/0489 Mrs Jane Baker GRANT 76-78

ROS P/ 2007/0509 Mrs J A Metcalf GRANT 79-82

COE P/ 2007/0510 C T Homes Ltd GRANT 83-89

WRO P/ 2007/0511 Marstons Plc GRANT 90-92

LLA P/ 2007/0520 Mr Lee Warburton GRANT 93-95

COE P/ 2007/0539 Eric Roberts (Builders) GRANT 96-102 Ltd Page No 2

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

OVE P/ 2007/0543 Mr Richard Stevens GRANT 103-105

MAR P/ 2007/0557 Ms E Huxley GRANT 106-109

Total number of Applications in Report: 23

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 3

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0154 25 Maesgwyn Road Wrexham 13/02/2007

DESCRIPTION: COMMUNITY: Erection of 2 no. semi detached dwellings. CASE OFFICER: Offa KH APPLICANT(S) NAME: Mr G Powell WARD: AGENT NAME: Brynyffynnon Mr B Smith

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THE SITE

Land off the south eastern side of Maesgwyn Road and to the rear of number 25. Two dwellings are currently being constructed on land to the south west of the site but within the same curtilage.

This proposal

Under construction

PROPOSAL

As above.

HISTORY (most recent)

P/2003/1377 Sitting and bedroom extension. Granted 09.01.2004. Page No 4

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 P/2003/0366 Erection of 2 new dwellings, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian access. Grant of planning permission 27.05.03. P/2002/1111 Outline application for erection of 2 dwellings. Grant of planning permission 10.02.03. P/2002/0554 Outline application for the erection of 5 dwellings. Withdrawn 24.07.02.

DEVELOPMENT PLAN

Within settlement limit Policies PS1, GDP1 and H2of the U D P refer

CONSULTATIONS

Community Council No objections subject to suitable materials Local Member Notified 14.02.07 Public Protection No obs but note regarding construction hours required Highways No objections subject to adequate visibility at access Welsh Water No objections subject to appropriate drainage conditions Environment Agency No objections Network Rail Standard advice note applies Ian Lucas MP Information regarding application requested Other representations 1 letter of concerns regarding increased pressure for parking on Maesgwyn Road with existing residents, parking by hospital staff and the vehicles associated with the builders yard at 25 Maesgwyn Road Site Notice Expired 13 March 2007

SPECIAL CONSIDERATIONS/ISSUES

Proposal/Background: The proposal is for two 2 bedroom properties. A previous permission allowed a pair of semi detached properties on the rear corner of the site which are currently nearing completion. The existing access adjoining 25 Maesgwyn Road would serve a total of 5 properties should permission be granted for the additional two dwellings.

The applicant has provided a supporting statement to accompany the application. The aim of the applicant is to sell two houses currently being built on the site to enable financing of the proposed new properties. The houses would be used to provide supervised accommodation for young people leaving care. The applicant has been a foster carer for many years and looked to support young people after they have left care. Through the building business the applicant offers apprenticeship which includes financing for driving lessons. The supply of accommodation is seen as the next stage with supervision and support for the young people.

Highways: No objections are raised by Highways on the basis of the cessation of the business use which is required by a previous permission for 2 dwellings currently under construction, and improvements to visibility. Reduction of a boundary wall to 1 metre in a NE direction and an improved splay in a SW direction will ensure adequate visibility. The applicant has confirmed he can achieve control over the land Page No 5

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 to the SW which is outside his ownership. With regard to the junction of Maesgwyn Road and Mold Road, the reduced standards of the revised TAN18 and no significant material increase in traffic movements will ensure no increase in highway danger.

Whilst the overall development would result in a shortfall of one parking space given the location close to the town centre and public transport I do not consider it will increase congestion on Maesgwyn Road.

Amenity/Site Layout: The site would accommodate the existing dwelling, a pair of semi detached properties under construction and 2 additional dwellings should permission be granted for this proposal.

I am concerned the site would be over developed with an awkward layout of parking spaces with difficult manoeuvres in a restricted area and a loss of amenity to existing properties and to occupiers of the dwellings currently under construction. The separation distance between the front elevation of one of the dwellings under construction and the gable end of one of the proposed dwellings would be 11.2 metres compared to the adopted minimum standard of 13m. A distance of 12.2 metres is achieved between the existing dwelling at 25 Maesgwyn Road and the gable elevation of the second dwelling proposed.

I also have concerns that given the proximity of the new dwellings, one in particular, which is between 6-7.5 metres from boundary of 23 Maesgwyn Road the private use of the garden would be compromised. Whilst I appreciate that the privacy is already compromised the further dwelling would compound the problems to an unacceptable level.

Conclusion: I am satisfied the development will not increase congestion on Maesgwyn Road or increase problems at the junction of Mold Road/ Maesgwyn Road. However I do consider that the site is being overdeveloped and the proposal would compromise the amenity of existing occupiers whilst compromising the amenity of future residents of the new built development.

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The proposal would constitute over-development of the site by virtue of an unacceptable parking layout with difficult internal manoeuvring, substandard separation distances between the proposed, newly built and existing dwellings, with a significant loss of light and overbearing elevations, loss of privacy to occupiers of the garden at 23 Maesgwyn Road and restricted areas for soft landscaping.

2. The proposal as such would be inappropriate in terms of residential amenity, internal vehicular and pedestrian safety and the general visual amenities of the area and contrary to Policy GDP1 (a), (d) and (f) of the Wrexham Unitary Development Plan. ______Page No 6

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0265 Land off Wrexham Road Rhostyllen 05/03/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Esclusham Residential development (72 dwellings) SJG and associated highway and drainage works WARD: AGENT NAME: Ponciau APPLICANT(S) NAME: Watkin Jones Homes Watkin Jones Homes Mr G W Owen

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THE SITE

The site is on the south side of Wrexham Road between the car dealership and the plant hire depot. It adjoins the Glan-yr-Afon brook. It has an area of 1.1 hectares prepared for development under previous permissions. Access is via the access serving the adjoining vehicle showroom/ repair garage to the west, and a new footway is proposed along the site frontage. A total of 92 parking spaces are provided – 72 allocated to the individual units and the rest for visitors. Page No 7

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

PROPOSAL the erection of 72 flats (30 two bedroom on 2 floors at 1st and 2nd floor levels, 12 one bedroom on 2 floors at ground and 1st floor levels and 30 one bedroom at ground floor level). The dwellings are arranged in 10 blocks of two and three storey units fronting Wrexham road and grouped around the road and parking areas. The buildings are to be constructed in facing brick, render and tiles.

Street scene from Wrexham Road looking east

The application includes the following supporting information :  The scheme. The scheme will provide modern low-cost homes for single persons, couples and small family units. The dwellings will be made available under virtual freehold arrangements subject to nominal ground rents and service charges. The legal agreements will prevent the units being sub-let or purchased by property investors.  Flood mapping. The dwellings are located outside of the C2 zone. A Flood Consequences assessment has been carried out and the results indicate that the water level resulting from a 0.1% annual probability storm event is 2.2 metres below the lowest floor level.  Noise pollution. A noise survey was carried out in January 2007, and the recommendations will be followed in the detailed design of the dwellings.  Sustainable statement and report:  Location and layout- the majority of the dwellings have been orientated to face SE or S, maximising the amount of daylight. The buildings have been sell spaced out around the communal parking and open areas. Page No 8

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007  Building design- all dwellings will be designed to exceed the Part L standards of the Building Regulations and will be designed to achieve a BREEAM Eco Homes “Good” rating.  Energy and water- a communal heating system will be provided within each block. Low energy light fittings will be used. Built-in appliances will be A rated. Dual-flush toilets will be used.  Refuse and waste. Communal bins will be provided, and space provided within each unit for recycling.  Transport and access. Separate foot and cycle access will be provided to Wrexham Road, allowing access to the village school and facilities. The site has good bus links throughout the day, with bus stops adjoining the site.  Car parking. LPGN16 requires a maximum of 125 spaces, but the scheme is considered acceptable given the good transport links and local facilities.  Biodiversity report. The site consists of un-managed scrubland, with a few trees along the river. The natural features of the Glan-yr-Afon Brook will be retained as a wildlife corridor.  Open space statement. The site provides 5,680m2 of open space, which exceeds the requirement of LPGN10. The area allocated is convenient and useable. A gazebo and seating features will be provided, together with a play area. The open space will be retained and managed by their site management company.  Affordable housing report. An agreed percentage of the overall dwellings will be made available as affordable units based on adopted guidance, and this element will be monitored by Cymdeithas Tai Clwyd. A draft legal agreement has been supplied to the Housing section.  Drainage details. A sustainable drainage system is not appropriate for this site as it is formed of made-up ground to a depth of 4 metres. The surface water drainage system will include flow attenuation for discharge to the Glan-yr-Afon brook. Foul drainage will be to the adopted sewers crossing the site.

RELEVANT HISTORY

CB00776 Industrial units and land filling Refused 7/4/1997 CB01186 Industrial units Granted 7/7/1997 P/2001/0399 14 business units Granted 6/9/2001 P/2001/0591 Storage of soil Granted 6/6/2002 P/2002/1297 Two storey call centre Granted 5/3/2003 P/2006/1118 12 houses and 64 apartments Withdrawn October 2006 Land to the south: P/2007/0239 Removal of spoil heap of former Bersham colliery Current

DEVELOPMENT PLAN

Within the settlement limit and adjoining a land reclamation site. It is partly within a Zone C2 floodplain. Policies H2 PS1 PS2 PS3 PS4 EC12 CLF5 T8 GDP1 and GDP2 of UDP are relevant, together with LPGN 7, 10, 16, 21, 23, 24, 27 and 28. Page No 9

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

CONSULTATIONS

Esclusham C Council: raise major concerns over: 1. Flooding. Part of site is within a zone C2 floodplain and development would be contrary to TAN15 and policy EC12 2. Site Location. The adjoining uses are commercial/ industrial and the planning status is as employment land 3. Public open space. The provision appears completely inadequate for an area which has a shortfall in play provision 4. Car parking. There appears to be a significant shortfall 5. Drainage. Concerned about ponding and surface water drainage problems. 6. Bersham spoil heap. Concerned about the proximity and stability of the spoil heap, which should be investigated. Local Member: Consulted 8/3/2007 Highways: Recommend conditions including a new footway and pedestrian refuge, and a legal agreement to cover a Traffic Regulation Order Education: Schools contribution of £66,640 required in respect of the 34 two bedroom units and primary school places. (now reduced to £58,800 for the 30 units) Housing: Detailed comments regarding affordable housing proposals. CEDO: Consulted March 2007 CEnvO: Comments on detailed design and management of open space areas. CPAT: No comments Public Protection: Recommend condition regarding contamination. Comments regarding noise survey and drainage. CCW: No objection in principle, subject to detailed comments regarding protected species and biodiversity. Confirm that the ecological report was undertaken to a satisfactory standard. Welsh Water: Recommend conditions. Sewer crosses site. Env Agency: No objection subject to conditions Clwyd Badger Group: Survey required to determine the likelihood of any disturbance to several badger setts in the vicinity Site Notices: Expired 3/4/2007 Press advert: Expired 20/4/2007 Other representations: Adjoining occupiers notified 13/3/2007 2 letters of concern received regarding: a. the increased use of the narrow access serving a commercial site, causing disruption to the business both during construction and afterwards. b. Over-intensive development of the site, having a negative impact on the highway network and road safety Page No 10

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 c. Residential development is not compatible with surrounding land uses. The lawful commercial activities would cause complaints from residents of the new dwellings 28 objections received on ground of: a. The development would be detrimental to the well- being of Rhostyllen b. Increase in traffic, noise and pollution will detract from the amenities of the dwellings opposite c. Loss of outlook and privacy for dwellings opposite d. Village is becoming over-populated and local amenities will be stretched. 1 objection from agents for former Bersham Tip reclamation scheme, on grounds of: There is a clear potential conflict between their intended operations and the proposed development, in terms of noise, dust and general disturbance for potential local residents.

SPECIAL CONSIDERATIONS/ ISSUES

Policy: The site is un-annotated land within the settlement limit, there is no objection in principle to housing, which would accord with UDP policy H2. However the site is located in an area where adjoining uses are employment related (To east: Lex Commercials/Griffiths Tool Hire; to west: Evans Halshaw car dealership). There is therefore an issue as to whether housing would be compatible with those. The noise survey addresses current operations at these sites. There are potential changes in operation or changes of use within the same use class, which could affect the amenity of the new housing.

The adjacent slag tip is designated for reclamation in the UDP and there is a current application to reclaim the site. On this issue there is considered to be no justification for refusal of permission for the following reasons: a. that application has not been determined b. there are existing dwellings in Rhostyllen which would be equally affected by the restoration plans c. conditions could be framed on any relevant permissions to address compatibility issues.

Built Conservation/ Layout issues The design and layout of the site are out of character with those of the locality. There were concerns over the original plan to set two of the blocks facing Wrexham Road at an angle; the revised scheme is much better in this regard. The approach to the development is not good; with car parking dominant on the left; nothing blocking the vista towards Wrexham from the estate road.

The layout is over-dominated by car parking. Technical Advice Note 12 Design states: “Vehicles should not be allowed to dominate the space or inconvenience pedestrians and cyclists.” The development would result in large and unattractive expanses of parking areas. The scale and siting of the proposed parking areas does Page No 11

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 not, therefore, meet the objectives of good design, and would be harmful to the character and appearance of the locality.

There is now a common design theme to the development, following omission of the houses present in the former application; this is considered to be an improvement despite there being no variation in building type. The elevation drawings suggest Mediterranean roofing tiles (Roman or pantiles) whereas tiling or slating with a horizontal emphasis would be more appropriate.

The footpath link to Wrexham Road is important in that it would provide access to the bus stops and the local shop. Additional hedge screening of the car parking areas should be provided at the site entrance.

Public Open Space provision: The provision of open space is slightly below standard in an area with a deficit. The layout of the development has been improved by the provision of landscaped areas adjoining the brook. The Council’s landscape manager advises that a play area may not be appropriate given the particular nature of the development.

Schools Contributions: A contribution is required towards primary school places in respect of the two bedroom units.

Sustainable development: The information supplied forms the basis of sustainability requirements and appropriate conditions could be framed to address outstanding issues.

Designing out crime: There is good overlooking of play and parking areas and a sense of enclosure for the semi-private spaces. No special issues arise from the development.

Affordable Housing: The proposal must ensure that 25% of the units are affordable. The applicants have provided further information on their affordable housing proposals, but these are not acceptable under the terms of policy H7 and LPGN28 for the following reasons: a. The type of dwellings proposed does not meet the local housing needs of the locality, as it is based on very small units (starting at less than 35m2). The two bedroom units are only accessed from stairs at first floor level. b. The arrangements for future management and retention of the dwellings as affordable units is based on a discounted sale scheme, rather than through a social landlord. There would be vetting and valuation requirements at the time of any resale. The developer has not been able to provide assurances that this arrangement would not put the onus of the future control onto the owners and the Council, and is not an acceptable form of management.

Flooding and drainage: The Environment Agency have re-assessed the site in terms of potential flooding from the Glanrafon Brook, based on a flood risk report and site surveys. They no longer object to the development. Other drainage issues could be addressed by conditions. Page No 12

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Highway issues: The revised scheme is acceptable in principle. There is a slight deficiency in parking (reduced by the recent changes to the scheme) but this is considered to be acceptable bearing in mind the following: a. the applicant’s statements regarding transport provision in the area b. the advice contained in the new TAN18 relating to maximum parking standards c. the specific nature of the development and the small size of units d. the low likelihood of extensions to the properties The traffic regulation and off-site highway works would be dealt with by conditions or in a legal agreement attached to any permission.

Conclusion: Much effort has been put in to resolving the issues raised by the development of the site, but the concerns regarding the size of the units, affordable housing and the layout of the development remain.

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The development would create an unattractive layout of dwellings dominated by large parking areas and would be contrary to policy GDP1(a) of the adopted Wrexham Unitary Development Plan. 2. The development does not make adequate provision for the required type, layout and long term controls for affordable housing to meet the housing needs of the locality and is therefore contrary to policy H7 of the adopted Wrexham Unitary Development Plan.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0313 Chapel Farm Newbridge Road Newbridge 13/03/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Cefn Outline application for residential SJG development and formation of new vehicular access WARD: AGENT NAME: Cefn APPLICANT(S) NAME: David Owen Associates Mr K Wycherley

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THE SITE

The site is on the south side of the B5605 Newbridge Road. It consists of an area of 0.4 hectare including Chapel Farm house, the adjoining yard and a paddock below to the south. The site lies at the foot of the embankment of the railway.

Settlement limit

access

site

Listed bldg

PROPOSAL

Outline permission for demolition of existing buildings, residential development and formation of a vehicular access. All matters are reserved for subsequent approval. An Page No 14

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 existing tree in the paddock is to be retained and a new hedge is to be planted around the boundaries of the site. The stone wall on the site frontage is to be retained.

PLANNING STATEMENT

Refers to previous application and the brownfield nature of the site. Propose to limit development to 5 dwellings.

RELEVANT HISTORY

6/19411 Equestrian centre, stable block & access Granted 7/10/1991 P/2006/0708 Outline for residential development and access Refused 31/7/2006

DEVELOPMENT PLAN

Within settlement limit and adjoining a Special Landscape Area to the east and a listed building to the west. Policies PS1 PS2 EC5 CLF5 GDP2 H2 EC9 and GDP1 are relevant, together with LPGN 7 10 16 21 22 23 and 27.

CONSULTATIONS

Cefn C Council: Objects to the demolition of the Farmhouse, as it dates from the 16th century and was the first meeting house for the Quakers in the area. Demolishing the buildings would destroy part our heritage Local Members: Cllr Coleman supports subject to a safe access being provided. Cllr Moysen notified Highways: recommend conditions for improvement of access to provide visibility splays of 2.4 by 56 metres in both directions, a new 2 metre footway across the site frontage and a restriction on the use of the field gate. CCW: no objection Capel (Chapel Heritage Soc) (Local):Comments on historic interest of the building. Question whether it could be incorporated into the development Capel (National): Further information and justification is required on the demolition issues before the application can be determined. Also refer to legislation relating to burial grounds. Env Agency: standard advice applies Welsh Water: recommend conditions Public Protection: comments regarding construction works and drainage. Recommend contamination condition Site Notices: expired 10/4/2007 Other representations: Adjoining occupiers notified 10/3/2007 4 objections received on grounds of: a. Access is on a very dangerous corner on an extremely busy road. b. Development will be detrimental to the whole area and out of keeping with the surrounding land, designated as Page No 15

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 a Special Landscape Area, and adjoining Newbridge Viaduct c. Loss of privacy to adjoining residents d. Previous applications refused on highway grounds e. Inadequate sewerage provision in the locality f. Committee site visit requested g. Proposal would add to parking problems in the area

SPECIAL CONSIDERATIONS/ ISSUES

Policy: The application is entirely within the settlement limit therefore in principle can be supported. It is possible that an education contribution would be required and a sustainability appraisal is necessary on developments of 10 dwellings or more. The demolition of existing buildings presents an opportunity for the recycling/re-use of existing materials.

Built Conservation: The site to which the application relates is immediately adjacent the Grade II listed Newbridge Chapel which is also a Building at Risk, and falls within the proposed World Heritage Site Buffer zone. The preservation or enhancement of the setting of the listed building is therefore an important consideration in the development of this neighbouring site.

The site is most suited to a limited number of properties given its relationship with the adjoining listed building and also as a transitional plot between the settlement and the open countryside. Layout and elevational treatment would need to reflect the semi- rural character and ensure that the listed building is not over-dominated by way of scale, design and materials.

The stone boundary that delineates the front of the site, is a continuous feature that runs from the chapel and past the application site and is a character feature of the area. As such efforts should be made to retain this within the development proposals.

The site includes a house which is understood to be a former Quaker Meeting House.. Representations have been made to Cadw by the Chapels Heritage Society (Capel) but it has previously not been considered to have sufficient architectural or historical interest to justify listing. The demolition of the dwelling is not required for access purposes, however, and it is possible that it could be retained if this is viable. The agent has now agreed to amend the application to include the retention of the existing dwelling.

In principle there would be no objections to the development of the site, a well considered, high-quality scheme could see an enhancement of this currently untidy site. A condition could be imposed regarding re-use of materials. Page No 16

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Landscape: No objections are raised to the principle of development, as the site has been amended to exclude land designated as a Special Landscape Area. Indeed the removal of the existing buildings (with the exception of the house) would probably enhance the landscape. The site layout, massing and character of buildings and landscape proposals would need to be carefully considered. The rural setting, visual prominence of the site adjacent to the SLA, and the setting of the mature oak tree would be important considerations.

Highways: The development site has access on to the classified highway Newbridge Road that is subject to a 30 mph speed limit and vehicles are considered to travel up to this limit. TAN 18 recommends the provision of visibility splays measuring 2.4 x 56m.

It is possible to achieve these splays in both directions although some work will be required to re-site the wall the west of the access to achieve this. Forward visibility meets with the revised recommendations of TAN 18.

There is an existing floodlit training ring to the south of the development site. The application does not make clear the intended future use of this. Although the facility lies outside the boundary of the current planning application the only access to the training ring appears to be from the existing livery stables at Chapel Farm. The use of the existing field gate access at the entrance to the development should be strictly limited to agricultural use and there should be no commercial use of that access.

The applicant has suggested that the development is limited to 5 dwellings. As the access meets with the recommendations of revised TAN 18 there is no highway justification for a maximum limit on the number of dwellings permitted. However it should be noted that any more than 5 dwellings will require the access into the development to be constructed to a fully adoptable standard. A condition is proposed to limit the numbers as suggested. Whilst I would not rule out a higher number this would require an adoptable road and careful consideration of landscape impacts.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the siting of the building(s) b. the design of the building(s) c. the external appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved. Page No 17

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. 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. 5. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 6. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 5. The works shall be carried out within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 7. All trees, shrubs and hedge plants supplied shall comply with the requirements of the current BS 3936 Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirement of the current BS 4428 Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree planting shall be in accordance with section 13 of BS 5837 Trees in Relation to Construction Recommendations (2005). 8. Development works must comply with the Council’s Supplementary Planning Guidance for Protection of Trees on Development Sites, and British Standard guide for Trees in Relation to Construction Sites (BS 5837) (2005). 9. The access onto Newbridge Road shall be constructed in accordance with the following requirements prior to occupation of any dwellings: a. The access from the site on to Newbridge Road shall have a visibility splay measuring 2.4 x 56m in both directions measured to the nearside kerb edge of the adjoining highway within which there shall be no obstruction in excess of 1m in height. b. The driveway shall be drained so that no surface water discharges onto the highway c. The finished surface of the splayed access way(s) shall be married into the edge of the adjacent highway carriageway prior to bringing into use the development hereby approved. It shall thereafter be retained in a usable condition. d. The gradient of the access from the edge of the existing carriageway for a minimum distance of 10m shall be 1 in 24 and a maximum of 1 in 15 thereafter. 10. A 2.0 metre wide footway shall be constructed along the full frontage of the site with Newbridge Road prior to the occupation of any dwellings on the site and shall thereafter be retained clear of obstruction.. 11. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied. 12. The use of the existing field gate shall be limited to agricultural purposes only. Page No 18

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 13. Prior to the commencement of any demolition works on site, the following details shall be submitted for the further approval of the local planning authority: i. an audit of all existing building materials ii. the potential re-use and recycling of those materials for incorporating into an agreed, replacement site development, and iii. where relevant, the recipient of remaining building materials. The approved audit shall form part of the building contract agreed for new building development for the site, a copy of which shall be submitted for record purposes for the local planning authority. 14. The erection of fencing for the protection of trees and shrubs shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of a scaffold framework in accordance with Figure 2 of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres. Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the full extent of the canopy of each tree and shrub. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority. 15. The development shall be limited to five dwellings.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995. 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. In the interests of the amenities of the future occupants of the buildings 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. In the interests of highway safety. 10. In the interests of pedestrian safety. 11. To ensure satisfactory drainage of the site and to avoid flooding. 12. In the interests of highway safety. 13. To ensure that the development involves a sustainable approach. 14. To protect trees which are of significant amenity value to the area. 15. As proposed by the applicant and to enable the authority to assess the full highway and landscape impacts.

NOTE(S) TO APPLICANT Page No 19

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 The proposed development lies within a former coal mining area. You should take account of any hazards to stability which may arise from coal working in or near the site. Specific advice on any past working may be obtained from the Coal Authority Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

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

A licence will need to be obtained (as required by section 184 of the Highways Act 1980) from the highway Authority in order to lower the kerbline and cross the footpath at the new access position. The licence is a separate form and will need to be obtained from the Highways Department, Wrexham County Borough Council. telephone 01978 297158.

Further advice on compliance with Condition No. 4 may be obtained by contacting the Council's Environmental Protection Section on Wrexham 297041.

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

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

The stability of the site shall remain the responsibility of the developer.

You are advised to contact Network Rail, Bristol and Exeter House, Lower Approach Road, Temple Meads, Bristol, BS1 6QF regarding their requirements as adjoining landowner.

If the development consists of more than 10 dwellings it is likely that you will be required to enter into a legal agreement as part of any approval to provide a commuted sum for the maintenance of open amenity areas. You are advised to consider the contents of Local Planning Guidance Note No 10 "Public Open Space in New Housing Development", particularly the section about financing and future maintenance of POS. Page No 20

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 The detailed development will be assessed under teh terms of Local Planning Guidance Note Number 27 - Developer Contributions to Schools. It is possible that a financial contribution towards school places may be required, secured by means of a legal agreement.

Please note the attached comments from Welsh Water, the Environment Agency and Public Protection.

The development of the site for more than 5 dwellings will require the construction of an estate road of a standard suitable for adoption by the Council as highway authority. The widening of the existing footway on Newbridge Road should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under section 38 and section 278 of the Highways Act 1980.

The development of the site should take account of the following requirements: 1. The retention of the oak tree. 2. The construction of stone walls along the frontage to match the adjoining chapel site. 3. The change in levels on site. 4. The need for planting on the east and south sides of the site to provide a buffer to open countryside below the site. 5. The possibility of retaining the former Quaker Meeting House or some elements of its history. ______Page No 21

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0336 Lodge Farm Commonwood Holt 19/03/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Rossett Erection of steel framed shed for general SJG engineering business. Stationing of static security caravan (in retrospect). WARD: AGENT NAME: Rossett APPLICANT(S) NAME: Mr R Lynch Mr J F Tomlinson

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THE SITE

The site is on the north side of the class III road from Borras to the B5102, 3km west of Holt. The farm is approached via a new access and track from the Commonwood Road, and the application site is to the north of the farmhouse.

building

Listed building

PROPOSAL

Retrospective permission for the erection of a green coloured steel framed shed for use as a general engineering business (JFT Engineering), and the stationing of a static caravan. The building was constructed in two phases, in 2000 and 2005, replacing former agricultural buildings on the site. The total floorspace is 1950m2, and the height to the eaves is 7 metres and to the ridge is 8.4 metres. Page No 22

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

6 people are employed in the business, specialising in the fabrication and repair of agricultural vehicles and equipment. The caravan is used by a night watchman and for livestock supervision. Steel is delivered twice a week by wagon. Working hours are 5am to 5pm, and 8am to 5pm at the weekend. All waste is stored in a skip on site and emptied monthly. Parking and storage areas have been provided and are delineated on the plan. The application relates to an area of 2585m2.

RELEVANT HISTORY

6/22456 New vehicular access Refused 25/7/1994 6/22488 LBC for demolition of later additions and adjacent dwelling, alterations to house, rebuilding of adjacent dwelling, conversion of barn and extension to form manager’s dwelling Granted 30/11/1994 6/22569 Demolition of adjacent dwelling, re-building and erection of new farm workers house, conversion and extension to form dwelling Granted 10/10/1994 6/22660 New vehicular access Granted 12/9/1994 6/23019 Demolition of adjacent dwelling, erection of replacement dwelling and relaxation of agricultural occupancy condition on 6/22569 Granted 6/2/1995 CB/01299 LBC for demolition of part of dwelling and extensions to form additional living accommodation Granted 10/10/1997 CB/01300 Extensions and alterations to existing dwelling to form additional living accommodation Granted 8/9/1997

DEVELOPMENT PLAN

Outside the settlement limits . Policies PS2 E5 E6 H5 EC9 T8 and GDP1 are relevant, together with LPGN 7. Public footpath 4 runs along the farm access road.

CONSULTATIONS

Rossett C Council: consulted 19/3/2007 Holt C Council: consulted 21/3/2007 Local Members: consulted 19 & 21/3/2007 Highways: recommend refusal (see below) Rights of Way: Footpath 20 runs along the farm track. No objections providing the track is kept clear. Ramblers: no objections but speed restrictions should be considered to protect walkers using the lane Public Protection: no comments Env. Agency: no comments Site Notices: expired 13/4/2007 Press advert: expired 20/4/2007 Other representations: Adjoining occupiers notified 21/3/2007. 1 letter of no comment received.

SPECIAL CONSIDERATIONS/ ISSUES

Policy: Site is unallocated land outside settlement limits. Although the general engineering business specialises in the fabrication and repair of agricultural Page No 23

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 equipment it is not an agricultural use in itself, but more akin to a general industrial use. Therefore any development associated with this business can not be classed as agricultural and policy EC3 is not applicable, however policies E5 and H5 apply.

Firstly regarding the steel framed shed: Policy E5 allows for small-scale employment development in the countryside through the conversion of existing buildings. The erection of a steel-framed shed is wholly contrary to policy. Despite the business's main customer base being agricultural, there is no overriding need for this general engineering business to be located in open countryside, especially given the site’s relative proximity to the Wrexham Industrial Estate where there is ample available employment land.

Secondly regarding the static security caravan: Static caravans are tantamount to new dwellings in the open countryside and therefore policy H5 applies. As stated above, the general engineering business is not an agricultural use, therefore criterion c) is not applicable (and even if this use could be deemed as agricultural - housing a night- watchman whilst the owner is on holiday would not constitute as an essential need). It is therefore contrary to policy H5.

Built Conservation: The site is immediately behind the Grade II Listed Lodge Farmhouse and adjoining a curtilage listed outbuilding. The farmhouse is listed for the special interest of its origins as a 16th Century farmhouse.

A duty is imposed to consider whether to grant planning permission for development which affects a Listed Building or its setting to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Lodge Farmhouse is reached by a private drive from the North of Borras Road and is set in open fields on a lowland plain. The new building rises up behind the farmhouse and around outbuildings, completely overwhelming them by its sheer scale and mass. The listed building can no longer be viewed independently in its open setting due to this oppressive structure.

There are several access points between the original outbuildings and the new shed and it is unclear whether or not these are existing or have been formed without consent as no plans have been provided showing the previous situation. It is likely that new doors/glazing which have been provided would have required consent. It would also appear that the new structure attached to the curtilage listed barns and as such an application for Listed Building Consent may be required.

However, should an application for listed Building Consent be submitted it is unlikely this could be supported. By engulfing and linking with the curtilage listed building, this has an enormous and detrimental impact upon its character and appearance, whilst at the same time destroying the setting of the principal listed building.

The static caravan is equally inappropriate within the curtilage of the listed building.

Landscape: The site lies within open countryside and comprises a farm complex and listed farmhouse. A public footpath follows the track to the west of the buildings. Page No 24

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

The engineering shed is considerable larger in scale and mass than the existing farm buildings within the farm complex, is industrial in character, and therefore does not relate at all well to the existing farm and rural character of locality. I therefore consider that the engineering shed does not accord with UDP Policy GDP1 - Built development should accord with the character of the site and make a positive contribution to the locality.

Highways: The proposed development site is accessed off Borras Road which is a classified road subject to a 60mph speed limit.

The existing access being utilised by the engineering business / farm has inadequate visibility in the easterly direction being approximately 2.4 x 85m measured to the nearside edge of the adjoining highway. TAN 18 would normally require visibility splays from such an access of 2.4 x 215m in both directions measured to the nearside edge of the adjoining highway in which there shall be no obstruction in excess of 1.0m in height.

As the engineering business will result in an increased number of traffic movements through this sub-standard access, the highway authority cannot support such a proposal.

Conclusion: The building would have been unacceptable as an agricultural building on scale and listed building grounds. The use to which it has been put takes it wholly outside planning policy. There are mitigating circumstances in this case in terms of the employment provided by the business, and the length of time that the business has operated on site without recorded complaints. However these matters are not considered sufficient to outweigh the planning objections to the development.

There is insufficient justification for a residential caravan in this location, bearing in mind the residential accommodation at the site.

Enforcement action will have to be considered if refusal of permission is agreed, and account will be taken of the length of time since the building was erected/ altered in deciding the steps required for compliance.

RECOMMENDATION A

Refuse permission for the reasons given below:

1. The building constitues undesirable and intrusive industrial development in the open countryside contrary to policies PS1, PS2, E5 and GDP1, of the Wrexham Unitary Development Plan. 2. The building detracts from the setting of the Grade II Listed Building and is therefore contrary to policy EC9 of the Wrexham Unitary Development Plan. 3. The siting of a residential caravanamountsto the creation of a new dwelling in open countryside and is contrary to policy H5 of the Wrexham Unitary Development Plan. Page No 25

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 4. There is restricted visibility at the existing access and increased use would increase the likelihood of danger to road users. For this reason the proposal is contrary to policy GDP1(d) of the adopted Wrexham Unitary Development Plan.

RECOMMENDATION B

That authority be given of the issue of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and that the Chief Planning Officer be given delegated authority to settle the final form and content of the Notice.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0368 The Range (Behind Dairy Cottages) Home 22/03/2007 Farm Cefn Road Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Abenbury Extension to existing Home Office SJG approved shooting range.

WARD: APPLICANT(S) NAME: AGENT NAME: Holt R H W Graham-Palmer Mr Keith Roberts

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THE SITE

The site is on the east side of Cefn Road. The buildings are single storey and located behind a pair of cottages. There is an existing access from Cefn Road, leading to a car park.

new existing

SITE

PROPOSAL

Alteration and extension of the existing shooting club to provide improved facilities, including toilets, meeting rooms and an additional shooting range. (existing building Page No 27

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 210sqm proposed extension 408 sq. Hours of use are between 6.30pm to 9pm with use also on Saturday afternoons.

APPLICANT’S SUBMISSIONS

The Club is registered with the Home Office and N Wales Police and is subject to regular checks. The club has the support of the Welsh Target Shooting Federation for GB squad training sessions and runs regular courses for DoE awards, Scouts, Guides and other groups. For the past 3 years they have run the Welsh Gallery Rifle Championships. At present they do not have the space to carry out proper squad training, as the range is built to imperial rather than metric measurements. The proposed extension would provide a proper facility.

RELEVANT HISTORY

6/3865 Enlargement of building to form shooting range with car park, alteration to vehicular access and installation of a septic tank Granted 27/4/1978 6/4860 Alteration and extension of buildings to form shooting range with car park, alteration to vehicular access and installation of a septic tank Granted 3/7/1979

DEVELOPMENT PLAN

Outside the settlement limits and within a Green Barrier, Special Landscape Area and a Protection of Mineral Resources Area. Policies PS1 EC1 EC5 and GDP1 are relevant, together with LPGN 16.

CONSULTATIONS

Abenbury C Council: Consulted 26/3/2007 Caia Park C Council: No objection Local Members: Consulted 26/3/2007 Highways: No recommendations providing no material increase in traffic generation is involved. Public Protection: Recommend noise condition. Comments regarding health and safety N Wales Police: Consulted 29/3/2007 Wales & West Gas: No comments CPAT: No comments Site Notice: Expired 17/4/2007 Other representations: Adjoining occupiers notified 29/3/2007 1 objection received on grounds of: a. noise from shooting is already a problem, keeping children awake after 9pm. b. Increased traffic on lane causing danger to motorists and pedestrians c. Extension will be over-dominant for houses opposite Page No 28

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 SPECIAL CONSIDERATIONS/ ISSUES

Policy: The proposal falls within an established group of recreational uses appropriate to a Green Barrier, and the extension is between the existing structure and the cottages. Therefore the proposal is not considered to conflict with policy EC1.

Impact on residential amenity: The development has the potential to cause nuisance by way of noise. However the new building can be designed to modern standards and a noise condition is recommended. The design of the building is appropriate to the locality and will not be intrusive in the countryside and parkland setting.

Highway safety: The visibility from the access is restricted by the stone wall and should be in the order of 120 metres based on the 40mph speed limit. The supporting information appears to suggest that the facilities are for the club’s own use, and on this basis no objections are raised. However they would object to any proposals involving a material increase in traffic generation unless improvements are shown to be within the applicant’s control, and are carried out as part of the development.

As the use is a strictly limited one, based on a Home Office licence, the use by another organisation would be unlikely. A condition limiting use to the club only would not be appropriate as this is only for limited extensions. As an alternative, there is scope for some improvement to visibility and surfacing at the access junction and a scheme should be required as a condition of any permission. However it not be Possible to achieve the full standard without requiring the boundary wall to be removed/resited.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 7. Prior to first occupationof the new extension, a scheme of improvements to the highway access shall be implemented in accordance with a scheme that has been approved in writing by the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. In the interests of highway safety. 7. In the interests of highway safety.

NOTE(S) TO APPLICANT

The proposed development lies within a former coal mining area. You should take account of any hazards to stability which may arise from coal working in or near the site. Specific advice on any past working may be obtained from the Coal Authority Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

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

You are advised that the premises shall comply with the Health and Safety at Work etc Act, 1974 and you should contact the Council's Public Protection Department in connection therewith.

You are reminded that the Disability Discriminations Act 1995 applies to residential development and you will be required to provided (amongst other things) level access, down stairs cloak room and wider doorways.

Please note the attached comments from Wales & West Utilities.

The improvements to the existing access required by condition 7 should include the following: a) Surfacing of the first 5 metres back from the carriageway in hard bound materials. b) Improvement of visibility from the access by lowering the wall to a height not exceeding 1.0 metres.

In addition, a warning sign to users of the premises would be advisable.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0415 Land North East Of Oak Tree Farm Golly 29/03/2007 Burton Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Rossett Erection of free range egg laying unit. LB1

APPLICANT(S) NAME: WARD: G J Walton & Partners AGENT NAME: Rossett Ian Pick Associates Ltd

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SITE

The site is some 3 km north west of Burton and 200m from the Flintshire boundary

Proposed chicken unit

Proposed mobile home Existing dairy unit

PROPOSAL

As above – the building is some 85.4m by 18.2m and 5.36metres high to the ridge. It has weatherboarded walls and a metal roof.

EIA: Certain developments require an Environmental Impact Assessment (EIA) under the Town and Country Planning (Environmental Impact Assessment) (England Page No 31

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 and Wales) Regulations 1999. Chicken units would require an EIA to be submitted under Schedule 2 if they are on uncultivated land and would house more than 50,000 laying chickens (as stated in Annex A, Welsh Office Circular 11/99). This application is on previously cultivated land and will house 12,000 laying chickens and therefore the likely environmental impacts will not be significant and an EIA will not be required.

HISTORY

No relevant history. Current application for the siting of a mobile home adjacent to the site, next item on the agenda P/2007/0416

DEVELOPMENT PLAN

Lies in open countryside, policies GDP1, EC3 and PS 1 apply.

CONSULTATIONS

Community Council: Opposed on grounds of road infrastructure unsuitable for HGVs and supports many local objectors. Local Member: Consulted 3 April 2007 Public Protection: No objection subject to noise, removal of dead birds conditions. The odour control measures outlined in the details submitted shall be implemented and further details relating to odour control measures during the clear out phase need to be submitted. Welsh Water: As the applicant intends to use private drainage facilities there is no objection. If circumstances change and a connection to the to the public sewerage system is required then reconsultation will need to be undertaken. Environment Agency: The land lies within a Nitrate Vulnerable Zone (NVZ) and as such careful control of the spread of manure is important to maintain the condition of the soil. As the manure will be collected within the unit and subsequently transported away and not spread on the farm there is no objection in principle to the proposals. As there is a watercourse close to the site pollution prevention should be undertaken to ensure groundwater is not contaminated. Rights of Way: Consulted 10.04.2007. Highways: The proposed increase in vehicle movements cannot be considered a material increase due to the low volume. The proposals indicate that improvements are to be undertaken, these need to be conditioned. Page No 32

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Ramblers Association: No objection to proposals, the applicant has considered the impact on the rights of way and provided the kissing gates are implemented as proposed there should be no impact on the rights of way. Flintshire County Council: Consulted 10/04/07 Site Notice: Expired 30/04/07 Other representations: 18 letters of objection received raising the following points:  Town Ditch Road is effectively a single track road with few passing places and is already in poor condition with deep ruts, cracked tarmac and potholes. An increase in traffic will further deteriorate the condition of the road.  Hens en masse are the smelliest of all farm animals and each creates an unfeasibly large amount of excrement for such a small bird.  It is an inescapable fact that where there are chickens there are rats and it is not hard to imagine that such a large number of hens would attract enough rats to populate a small town with knock-on effects in terms of health and nuisance for local residents.  The definition of free range is also very flexible and there has recently been much public concern about the possible health risks arising from intensively-farmed poultry, bird flu and so on.  It will be impossible for heavy articulated vehicles to reverse or pull into the side to accommodate oncoming traffic, any vehicle meeting one of these lorries may have to reverse as far as 200 metres to find a passing place.  DEFRA figures indicate that 12000 hens will produce 492 tonnes of manure per annum, therefore the figure of 18 tonnes quoted in the application is optimistic. According to the documentation the manure will be dry and odourless when spread but there is no mention of the wind blowing this around the area or that the rain and morning dew will energise the smell.  The HGV’s will pass through the hamlet of Golly where there is no adequate passing place.  The foundations of the lane are completely inadequate for further large vehicles, the verges and ditches have already subsided.  The erection of such commercial buildings will spoil the rural views and appearance of the area.  The nature of the business will result in unpleasant smells that will have a detrimental effect on the enjoyment of living in Golly.  The erection of such buildings will have an adverse effect on the appearance and introduce aspects of intensive farming methods with which we do not agree. We do not wish to live in close proximity to such a business.  The business will inevitably produce unpleasant smells which will carry towards the residential area of Golly. We feel that this, along with the toxic waste resulting from the operation will be unacceptable to residents there.  There is a risk of spread of disease from poultry to cattle in particular botulism.  There are wild birds in the area that could transmit avian flu should it infect the flock.  The applicant states that the existing business is based ‘purely on milk production’ however it is known that the applicant keeps sheep and runs some form of equestrian business. Page No 33

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007  The land is not just used for ‘silage production’ but also used to graze sheep and cattle.  There is no cogent explanation as to why he could not situate this enterprise close to Llyntro Farm.  It is not accepted that the margins for free range egg production are anywhere near the figure of £3250 per acre, these figures seem to form part of a standard template from the John Bowler website.  The applicant does not disclose his return from the dairy farm but merely states standard gross margins.  There is no indication as to whether the financial agreement between John Bowler Ltd and the applicant allows the applicant to retain all the profit or merely a portion of this.  The assessment of traffic trips per week does not take account of the tractor trailer combinations which will be necessary for the spreading of litter.  Public footpaths cross the site and ramblers will be forced to walk in the droppings and may take any germs or disease to alternative sites.  In wet weather it is difficult to see how droppings will not become wet in the surrounding pasture and create a build up of detritus.  Rodents such as rats and foxes will spread germs and disease to neighbouring farms and houses.  The site is within a Nitrate Vulnerable Zone, it is impossible for the applicant to predict the true level of droppings and thus levels of ammonia and nitrogen that are likely to find their way into the soil and water system. There has been no detailed disclosure of how the applicant maintains that he will remain the NVZ limitations.  There appears to be no proposals for lighting the area outside the unit. Details of this are necessary in order to assess the impact on local residents.  Dead birds and eggs laid in the field create a disease risk not only through attack from wild birds and rodents but also through the spread by food of people working amongst the birds or ramblers walking across the site.  The area on which the hens will range will lose its rural character if this application is granted.  The area of the site is in excess of 12 hectares, not as stated in the application form.  The number of vehicle movements stated appears to be far less than that which appears to be reasonably necessary in relation to the day to day running.  The existing single track road is also becoming a ‘rat run’ by commuters, many of whom travel in excess of a sensible speed, any further increase in vehicles will further exacerbate the deterioration of the road and increase the potential for accidents.  The reduction of the character of the existing rural countryside by the development of a process which is known to create obnoxious smells.  The proposal will have a detrimental impact on the tourist units recently granted permission on Golly Farm.  The incineration of dead birds and smells from the unit will create smells that would affect the quality of life and enjoyment of the environment by local residents. Page No 34

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007  Rats infected with Weils disease may be attracted by the poultry unit and the disease may be transmitted via Springers Brook into the River Dee and into the Chester water supply.  12000 hens would generate a considerable sound and it is uncertain how much noise will be generated by the air conditioning unit.  The intensive agricultural development would destroy the quiet countryside and area of outstanding natural beauty.  The land is only 1.5 miles from Llyntro Farm, not 3 as stated.  There is a risk of environmental pollution as the site is adjoined by Stingers Brook.  The applicant does not take into account prevailing wind conditions.  The smell from a large number of chickens will be a constant and intrusive problem for the residents of Golly and will affect house prices in the region.  It is likely manure will get mixed with the slurry from the cows on the farm.  As the area is currently used for silage other land will have to be utilised for this, will this exceed the amount allowed.  There is likely to be an increase in the numbers of vermin this will lead to more lambs being killed on neighbouring sheep farms.  An Environmental Impact Assessment should be carried out.  The site is opposite one of the largest agricultural contractors in the area, any infectious diseases could therefore be spread quickly up to a 50 mile radius.  There is no information as to how the application site will be fenced and what precautions are being put in place to ensure that hen manure is not spread on adjacent fields and highways by walkers.  With the new EU regulations due to come into force in 2012 is the Planning Authority taking a strategic view on these sorts of development so that the community can share in the planning policy for the potential spread of this sort of industrial farming.  What role do environmental health and DEFRA have in the consent process and the operation of the unit.  Will any type of animal be permitted for disposal in the incinerator.  Drift from poultry litter onto grazing land causes significant risk of botulism in cattle.

SPECIAL CONSIDERATIONS

Background: This application is for the erection of a free range chicken unit which will house 12,000 chickens. In order to be classified as a free range farm there has to be allocated land over which the chickens can roam. In this instance the range area extends to an area of 12 hectares or 30 acres (1 hectare per 1000 birds) and is indicated on the above plan. The land is currently used for silage production for the dairy unit at Llyntro Farm which lies some 1.5 miles away and is crossed by two public footpaths. The use of the land is therefore agricultural; the grazing of the land by chickens also falls within an agricultural use so there is no requirement for an application for the use of the land for the chicken range.

This application is therefore to determine whether or not the siting, size and design of the building is acceptable and not whether the land can be used for a chicken range. Page No 35

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 The unit operates on a 60 week cycle. At the beginning of the cycle the chicks are delivered to the unit and on a daily basis after that eggs are collected from the nesting boxes and packed. These are then stored until collection by lorry, usually once or twice a week when they are sent to be washed and packed before delivery to supermarkets. On a daily basis the “pop holes” to the unit are opened allowing the birds access to the range area, no part of which can be more than 350 metres from the unit. The pop holes are open from 6 am to 9.00 pm (or dusk). The range area has a paddock rotation system to ensure that the birds are directed to fresh pasture to prevent degradation of grass and the build up of detritus.

Food is provided by automatic feeder and water supply by nipple drinkers. The unit has lighting internally which operates on a time switch providing the birds with 14 hours of daylight per day. Ventilation is fan assisted with side inlet vents and roof fans.

During the 60 weeks the manure in the unit is stored and remains dry and friable for the duration of the flock and is removed by lorry at the end of the cycle when it is disposed on arable land (not at this site) or is sent to the biomass power station at Thetford.

At the end of the cycle the birds are removed and the unit is cleaned.

Policy: Policy EC3 allows for the erection of isolated buildings in ‘exceptional circumstances where there is an essential agricultural need and no reasonable alternative location for the development.’

Llyntro Farm is a dairy unit which has previously diversified to include sheep and an equestrian enterprise although the main income is still derived from the dairy unit which has standard gross margins of £350 per acre. Dairy farming has suffered losses in recent years with a reduction in the prices of milk; the applicant therefore wants to further diversify in order to maintain the viability of the farm. Free range egg production is a growing trade within the UK and has a gross margin of £3250 per acre.

The applicant states that the land at Llyntro Farm is fully utilised as forage area for the existing 150 strong dairy herd and there is insufficient room to locate the chicken unit there without reducing the size of the dairy herd and consequently reducing the financial viability of the farm. Whilst the ideal location for any new farm buildings is adjacent to the existing farm unit it is accepted that in a wish to diversify the applicant has to utilise outlying land for this enterprise as there is no reasonable alternative without harming the current farm unit.

Siting and Landscaping: The unit is to be sited adjacent to the existing field boundary in an isolated location lying between Oak Tree Farm to the west and the new dairy unit to the east. The unit is located adjacent to the existing hedge field boundary which also has several large oak trees along its length. This will help break up the views of the building when it is viewed from the west. To the highway side there is a few trees and again a hedge. Whilst there is a large amount of existing trees and hedges within the area which will help break up the length of the structure a full landscaping scheme needs to be submitted to ensure that the unit will not have a Page No 36

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 detrimental impact on the landscape. In particular there will need to be some form of screening for the car parking area which as the area currently stands will be relatively exposed.

The colour of the building should also be conditioned to ensure that it does not harm the local character of the area.

Design: The building itself measures 85.4m x 18.2m with an eaves height of 2.44 m and a ridge height of 5.36 metres. The building is therefore comparatively low in relation to other farm buildings, although it is longer than an average barn or other agricultural unit. It sits on a concrete base and has weatherboard external walls and polyester coated profiled steel sheeting roof. The design of the unit is typical of agricultural buildings in the area and is not inappropriate. Two feed stores will be erected alongside the unit which come to a height of 6 metres.

The building therefore, despite its length is smaller than the majority of agricultural buildings and, in my view, will not be an obtrusive feature on the landscape.

Highways and Access: The current access to the site is from a field gate off the road. There is no hardstanding within the site and the public footpaths lie adjacent to the field gate. Access will be required to the site by HGV’s with an average of 2.4 lorry movements per week including feed delivery, egg collection, bird delivery and bird collection. With appropriate improvements to the visibility splays and the provision of adequate turning and parking facilities the access can be made satisfactory.

The lane itself is predominantly a single track rural lane that is lightly trafficked. It is currently used by several farms in the area and HGVs are not uncommon, the dairy unit adjacent has tankers collecting milk several times a day and the agricultural contractor at Oak Tree Farm is likely to have large vehicles using the roads. Any deterioration of the road surface is a matter to be dealt with by the Highway Authority. The use of the road as a ‘rat run’ by commuters cannot be controlled through the planning system.

Environmental Impact: Although formal EIA is not required, full consideration must be given to the impacts of the development.

Noise: Noise from the chicken unit will be created from the operation of the ventilation system and from the birds themselves. The ventilation system is noise insulated and is unlikely to be distinguishable above normal background noise at distances beyond 100 metres from the unit. The nearest property to the unit is Oak Tree Farm which lies 150 metres away. Additionally the fans will not be operating all of the time but as and when the need arises, during warmer weather it is likely that will operate more frequently. Public protection have requested conditions to ensure that the noise will not be excessive.

It is not possible to limit the potential noise from the chickens themselves. Whilst in the range the concentration of the number of chickens is likely to be sparse and any noise likely to be within normal levels for an agricultural setting. Although the unit is for the production of free range eggs the chickens are not forced to go outside so it is likely that at any one time a proportion of the chickens will remain inside so it is Page No 37

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 unlikely that all 12,000 chickens will be outside at the same time. Within the unit itself where the smaller area will naturally produce a greater concentration of chickens there will be more noise, however this will be contained within the unit.

Smell: There is potential for smell to be created by the presence of the chicken litter in the unit, however this is mainly contained within the unit itself. The litter remains dry and natural composting begins to take place within the unit. To ensure the litter remains dry water usage is monitored allowing any leaks to be dealt with. Litter on the range area will not be concentrated as the paddocks are rotated on a regular basis, as there is no build up there will be little smell from litter in the paddock area.

During the clean out of the unit (once every 60 weeks) there is potential for smells to be emitted during the removal of the litter, however this is not anticipated to last longer than 1-2 days and due to its infrequency this would be acceptable.

Vermin & Foxes: The unit is protected from rodents and foxes and is secure whilst it is closed. There is potential for rodents to enter the unit during the day but it is regularly inspected under contract, this is essential to ensure the integrity of the eggs.

The range area, is not directly protected from rodents however it is patrolled regularly to ensure that there are no carcasses that may attract rodents. The nearby watercourse is a likely habitat for rodents currently and there is potential for disease to be spread, there is nothing to suggest that this risk will increase if a chicken unit is located nearby.

The range area is protected from foxes by an electric fence. Again the patrol by a member of staff will ensure that this fence is maintained and that no carcasses will be on the range to attract foxes.

Rights Of Way: The range area is crossed by two public footpaths, there have been no objections to the application by the Ramblers Association on the basis that suitable access gates are provided at the edge of the field. The applicant has to ensure that the public rights of way are not blocked at any time.

Public footpaths crossing the chicken range can be viewed as no different from a footpath crossing a field with cows or sheep in. In planning terms they are all agricultural fields and providing access is not blocked there can be no objection to the chicken range in this area. The spread of disease from land used by agriculture is outside the scope of planning control and is one for the individual farmers and government control in appropriate circumstances.

Spread of disease: The potential spread of diseases such as avian flu and botulism is not one that comes under the scope of planning and is controlled by the Department for Environment, Food and Rural Affairs (Defra). Should there be an outbreak of avian flu at the unit or at a nearby farm there will be strict control of the movement of vehicles into and out of the site and statutory measures implemented such as washing of the wheels of vehicles and changing of workers clothes to help prevent the spread of the disease. Page No 38

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Botulism in cattle is a disease of the nervous system that results in death. Details from the Defra website indicate that there is potential for this disease to be spread from poultry litter to cattle when litter is spread on fields. In this unit the bulk of the litter produced will be stored inside the unit and then removed at the end of the cycle. Information from Defra states that ‘in areas where much of the litter is burned for power generation….the risks are clearly going to be reduced’. As in this instance litter is to be removed at the end of the cycle and disposed of elsewhere the risk of spread of botulism is reduced, although there is a minimal risk of the spread of disease from litter in the range.

Nitrate Vulnerable Zone: The site lies within a Nitrate Vulnerable Zone (NVZ) and as such the spreading of manure and fertilisers on the ground is strictly controlled in order to retain the quality of the soil and nearby water courses. As the intention is not to use the land for the spreading of manure and the applicant is aware of the status of the land there will be no works that will affects the integrity of the soil and watercourse.

The NVZ is monitored by the Environment Agency and they have suggested conditions to ensure that there is no potential for pollution or contamination.

Other Considerations: The applicant has stated that there will not be an incinerator on the site notwithstanding the details submitted. Any chickens that die during the cycle, and there is a mortality rate of up to 5% over the flock duration are stored by the unit operator (usually in a freezer) until an appropriate collection can be organised. It is likely however that should the applicant desire an incinerator in the future such a structure would fall under permitted development rights and not require a further application.

The unit is to be operated by the applicant, the application is not being made by John Bowler (Agriculture) Ltd, the applicant has entered into a contract with John Bowler who will provide a guaranteed market for all eggs produced. The applicant is a local farmer and is not part of national company.

The use of land for the production of free range eggs is generally not considered an intensive farming industry and is appropriate for this area.

Conclusion: The applicant has demonstrated the need for need for the location away from the main farm holding and the design and siting of the proposed unit are satisfactory. The impact on amenity for the properties in the vicinity will not be unreasonable for houses located in the open countryside and I therefore recommend that permission is granted. P/2007 /0415

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. Page No 39

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. 3. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 4. From a point on the centreline of the site access road 2.4 metres back from the nearside edge of the carriageway to points on that same edge of carriageway 70 metres each side of the access nothing shall be erected or allowed to grow about a h eight exceeding 1 metre above the level of the adjacent carriageway. 5. The access shall be hard paved over a minimum width of 4.1 metres for a distance of 15 metres from the highway and any gates shall be sited no closer than 15 metres from the highway and shall only open inwards. 6. Adequate turning space shall be provided within the site to accommodate the vehicles serving the development. 7. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A). The noise levels shall be determined at the nearest noise sensitive premises. Measurements and assessments shall be made in accordance with BS4142:1997 'Method of Rating Industrial Noise Affecting Mixed Residential and Industrial Areas'. 8. The disposal of dead birds shall only take place in accordance with the Information in Support of Planning Application - GJ Walton & Partners, Llyntro Farm, Burton dated ..... 9. No part of the development shall be commenced until samples of all external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.

REASON(S)

7. To protect the amenities of the occupiers of nearby properties. 8. In the interests of the amenities of the area. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0416 Land North East Of Oak Tree Farm Golly 29/03/2007 Burton Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Rossett Siting of mobile home for use as LB1 agricultural dwelling (on a temporary basis). WARD: AGENT NAME: Rossett APPLICANT(S) NAME: Ian Pick Associates Ltd G J Walton & Partners

______SITE

Land to the north east of Oak Tree Farm, Golly, Burton.

Proposed chicken unit

Proposed mobile home Existing dairy unit

PROPOSAL

Erection of mobile home for use as agricultural dwelling (on a temporary basis).

HISTORY

No relevant history. Current application for the erection of free range egg laying unit adjacent to the site, previous item on the agenda P/2007/0415 Page No 41

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 DEVELOPMENT PLAN

Outside settlement limit, policies GDP1, H5 and PS 1 apply.

CONSULTATIONS

Community Council: Opposed on grounds of road infrastructure unsuitable for HGVs and supports many local objectors. Local Member: Consulted 3 April 2007 Public Protection: No comments Welsh Water: As the applicant intends to use private drainage facilities there is no objection. If circumstances change and a connection to the to the public sewerage system is required then reconsultation will need to be undertaken. Environment Agency: Proposal falls outside scope of matters in which the Environment Agency is a statutory consultee. Rights of Way: Consulted 10.04.2007 Highways: Access is from the existing field access, which is to be improved as part of the associated development. Parking is to be provided on site and providing conditions are implemented on the associated application there are no objections. Flintshire County Council: Consulted 10/04/07 Other representations: three letters raising objections :  The temporary residence is presumably required for the duration of the development. Will UDP policy H10(b) apply to such a temporary residence or will this possibility be excluded by condition.  The proposal for a mobile home is clearly a ‘back door’ approach to achieving a new dwelling in the countryside. Site Notice: Expired 30/04/07

SPECIAL CONSIDERATIONS

Policy: TAN 6 allows for temporary agricultural dwellings to be erected on land adjacent to new farm units providing they satisfy the following criteria: - There is clear evidence of a firm intention and ability to develop the enterprise concerned - There is a functional need - There is clear evidence that the proposed enterprise has been planned on a sound financial basis - The functional need could not be fulfilled by another dwelling on the unit or existing accommodation in the area - Other normal planning requirements such as siting and access are satisfied.

Policy H5 of the Wrexham UDP contains the following criteria relating to erection of an agricultural workers dwelling Page No 42

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 - the long term financial viability and functional management of the enterprise is proven - the person, due to the nature of the work, has to live on the site rather than in a nearby settlement - there are no suitable buildings nearby which could be converted into a dwelling - the new dwelling is sited adjacent to an existing building, can be landscaped, and is of a form, bulk, design and materials which reflect the locality’s rural character

The applicant is proposing to erect a new agricultural business immediately adjacent to the proposed temporary dwelling. The investment in this new business is in the region of £250,000 and I am satisfied that there is a clear intent to develop the enterprise over the next 6 months.

Financial Assessment: The applicants have submitted data that indicates that based on current prices Free Range Egg Laying Units achieve gross margins, after feed of £8 a bird equating to a gross margin of £96,000 for the proposed unit. Net profits achieved after finance, water, power and labour and depreciation equate to £36,000 per annum for the unit. The unit is being developed under a franchise arrangement which provides a 5 year rolling contract and guaranteed market for the eggs.

Accepting these details it is clear that the enterprise has been planned on a sound financial basis with a significant level of investment.

Alternative accommodation: The proposed site is 1.5 miles distant from the main farm holding at Llyntro Farm. There is no other accommodation in the immediate location or structures suitable for conversion within the vicinity. Additionally there are no suitable buildings for conversion at Llyntro Farm. The occupants of Llyntro Farm operate the dairy farm at that location and it is proposed that a worker solely for the new enterprise will be housed in the mobile home.

Functional need: The applicant has submitted the following details relating to the need for a full time worker at the site: - there is a substantial requirement for labour which it outside of normal working hours. The pop holes to the unit have to be opened at 7.00am every morning and closed every evening at 9.00pm (or dusk) following the rounding up of birds. - The feeding, ventilation, temperature and water systems have to be regularly monitored as failure will have an adverse impact on bird welfare and production. - The free range enterprise has a labour requirement of 2.4 full time workers based on standard data, therefore the need relates to a full-time requirement. - The availability of supervision is necessary to ensure that the business complies with or exceeds the requirements of The Welfare of Livestock Regulations 1994 and the Codes of Recommendations for the Welfare of Livestock – Domestic Fowls (MAFF, DAFS & WOAD 1990. - Laying birds are nervous by nature, quick decisive action is required in the event of power failure to avoid distress to the birds. - Birds housed on the floor, as distinct from laying cages are prone to panic resulting in smothering eg if disturbed by vermin or in the event of a wild bird entering the house. Page No 43

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 The details the applicant has submitted indicate that a full time worker is required to ensure that the chickens are looked after to a high standard, complying with the relevant regulations. There is a clear need for a worker is required to be on site at all times.

Siting and Design: The proposed mobile home is a single storey structure measuring 18 m x 6m and 4m high. It consists of a two bedroom unit with small bathroom and combined kitchen/living room. The mobile home is to be located adjacent to the proposed chicken unit and will utilise the same field entrance. No details of the proposed colour of the unit have been submitted and this will have to be a condition of any permission. Ideally the unit should be dark green or similar colour in order to be unobtrusive on the landscape.

The mobile home itself is of a simple design that will not be prominent on the landscape.

Landscaping details to be submitted in accordance with the associated application will have to include details of screening for the mobile home and car park.

Other considerations: The large investment into the proposed farm unit and the proposal to maintain a viable industry at the site means that it is unlikely that this can be viewed as a ‘back door’ method of erecting a house in open countryside. Conditioning the occupancy to be linked to agriculture will ensure that the mobile home is linked to the farm unit. Should a permanent dwelling be applied following the expiration of the temporary period and be subsequently granted it will need to be conditioned to remain as an agricultural workers dwelling.

The granting of a temporary permission would recognise that this is a newly developing business where the case for a dwelling has yet to be fully demonstrated, but that the need for a worker to be on site in order to support and develop the business has been satisfactorily demonstrated. The application and supporting documentation have satisfied the criteria for temporary agricultural dwellings set out by TAN6. The granting of permission for a temporary dwelling does not imply that a permanent dwelling will be supported in future on this site. The applicant would need to satisfactorily demonstrate that such a proposal met the requirements of TAN6 (paragraphs 41-49) and policy H5.

The access from the road is to be improved by conditions relating to the adjacent chicken unit, parking spaces are to be provided alongside the mobile home.

Conclusion: The applicants have provided details of the functional need for the mobile unit and the financial viability of the associated farm unit. I therefore recommend that temporary permission is granted for the mobile home and that the occupancy be linked to the associated new farm unit. P/2007 /0416 RECOMMENDATION That permission be GRANTED Page No 44

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 CONDITION(S)

1. The use of the building shall cease not later than 30 June 2010. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date. 2. The occupation of the building shall be limited to a person or persons solely or mainly working, or last working, in the locality in agriculture, as defined in Section 336 of the Town and Country Planning Act, 1990 or in forestry or a widow or widower of such a person, and to any resident dependant. 3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. 4. The mobile home shall not be brought on to the site until the construction work on the proposed poultry unit on the adjoining land has been substantially constructed and it shall not be occupied until one month prior to the first operation of the unit.

REASON(S)

1. Having regard to its design and materials of construction, planning permission would not normally be granted in respect of temporary buildings in this location. Permission has been granted in this instance solely to allow the applicant adequate time to seek permanent, satisfactory accommodation. 2. To ensure that the dwelling is only occupied by a family of a bona fide agricultural worker in accordance with the Council’s established planning policies governing residential development in the countryside. 3. To ensure that the development fully complies with the appropriate policies and standards. 4. to ensure that residential accommodation is not created in the countryside without proper justification.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0435 Gatewen Hall Gatewen Road New 30/03/2007 Broughton Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Broughton Change of use of existing outbuilding from MP domestic to workshop and storage together with display with associated parking / WARD: turning and change of use of existing AGENT NAME: New Broughton workshop to a domestic outbuilding for use Mr & Mrs C Brown by the occupiers of Gatwen Hall (revisions to planning permissions code nos P/2001/0779 and P/2004/0097).

APPLICANT(S) NAME: Mr & Mrs C Brown

______

SITE

Land adjoining the former Gatewen Colliery site

Garage/stable granted Residential barn conversion permission in 2004. No proposed to be used as workshop

Gatewen Road

Existing workshop building (change of used granted in 2001) Page No 46

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 PROPOSAL

As above.

HISTORY

P/2001/0779 Change of use of outbuilding to office and trade storage/display (in retrospect). Granted 8.10.2001 P/2004/0097 Construction of garage / stable building Granted 25.3.2004

DEVELOPMENT PLAN

Outside settlement limit and in a Green Barrier. Gatewen Hall is also a Grade II Listed Building. Policies PS2, GDP1, EC1, EC9 and E5 apply.

CONSULTATIONS

Community Council: Notified 4.4.07 Local Member: No objections Highways: Notified 4.4.07 Public Protection: Recommend restrictions on noise and advise that the premises should comply with relevant health and safety legislation. CCW: No comments Environment Agency: No comments. Standard service advice applies. Other representations: 4 representations. 3 objecting and 1 in support. The following concerns are expressed: - the likely noise and safety issues of traffic passing in front of adjacent residential barn conversions; - The access arrangements may result in highway safety issues; - The main access road to the site is an un-adopted road which is a very poor state of repair to the point that it is almost impassable, a situation that will not be helped by additional traffic; - Since moving into a residential area there has been an increase in the volume of traffic going along the road in front of the residential barn conversions; - Planning permission was granted for a stable block but it was obvious this was in fact a bungalow. It has regularly been used as a storage yard for the business and receives regular deliveries; - Concerned about the level of traffic and safety of children. Even the current level of traffic is a hazard, especially the speed at which the cars travel; - Commercial vehicles belonging to the applicant travel along the driveway at excessive speed; Page No 47

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 - Suggest that if planning permission is granted stipulations are put in place where speed humps are sited. The following points in support are noted; - Although the business is operated in a manner considerate to adjacent residential properties, it is clearly beneficial that the commercial activity is moved further from the main courtyard of Gatewen Barns. Site Notice: Expired 30.4.07

SPECIAL CONSIDERATIONS

Change of use of garage/stables: The applicant operates a small scale family based joinery business from an outbuilding adjacent to Gatewen Hall. The building provides workshop, storage, a display area for customers and (in the first floor) a small office. He is now proposing to relocate the workshop, storage and display activities to the recently completed garage/stable block granted permission in 2004 (see planning history). The ground floor of the existing workshop will revert to domestic use. The small office (40 sq.m floor space) in the first floor of the existing workshop will be retained. The proposals will effectively ‘swap’ the permitted uses of the existing out buildings.

The applicant has put this proposal forward to move the workshop activities further away from the residential barn conversion opposite the existing workshop and to a better-screened location. The garage/stable is also considered more appropriate for the business use than the building currently used.

The proposals will result in an increase in the floor area used for business purposes from 120 square metres to 180 square metres. This is unlikely to result in a significant intensification of the business in terms of noise or traffic generation. I therefore have no objection to the change of use subject to appropriate conditions. The amount of space available for display/customers needs to be restricted to keep traffic generation to an acceptable level. I will suggest a condition.

Impact on residential properties: The garage/stables are 30 metres from the nearest residential barn compared to only 10 for the existing workshops. The latter is also located immediately opposite the residential barn conversions, where as the garage/stable is located on lower ground behind a 3 metre high retaining wall and is far better screened in relation to these properties. I would therefore agree the garage/stables are more suited located for the business. The retention of an office in the existing workshop is unlikely to cause noise or disturbance to nearby occupiers.

I recognise that due to the layout of the site, access can only be gained to garage/stables via a shared driveway that passes in front of the residential barn conversions. The impact upon the occupiers is however unlikely to be significantly greater than the present arrangements. Indeed the proposals are less likely to result in vehicles parking and turning immediately in front of the residential properties.

I understand the concerns nearby occupiers have about the possible impact of traffic, however it is unlikely that the proposals will increase the amount of traffic travelling Page No 48

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 to and from the site or danger to other road users. It is not within the scope of planning control to ensure vehicles are driven safety.

Relaxation of existing restrictions: The applicant is requesting the permitted operating hours are extended from to 9am to 6pm on weekdays to 7am – 7pm, Sundays and Bank Holidays excluded. Given the position of the proposed workshop, the amended hours are unlikely to significantly have a detrimental impact upon nearby occupiers.

The applicant is also seeking to relax restrictions linking the operation of the business to the occupation of Gatewen Hall by the applicant. This restriction is intended to ensure that the scale and intensity of the business remains limited to a small scale family concern due to the proximity of residential properties. Whilst I acknowledged the garage/stable is in a more suitable location for the business unless similar restrictions are applied, the proposals could adversely impact upon nearby occupiers. I therefore intend to attached similar restrictions to this permission.

Listed Building: Only limited changes are proposed to the external appearance of the garage/stable and I am satisfied these and its proposed use will not impact upon the character and setting of Gatewen Hall.

Conclusions: The proposals are acceptable and accord with the objectives of the relevant policies.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order no part of the premises shall be used except for the precise purposes described in the application plans an documents. For the avoidance of doubt: i) The ground floor of Building A (as shown on the plan received 17 May 2007) shall only be used for purposes ancillary to the use of Gatewen Hall as a single dwelling; ii) The first floor of Building A (as shown on the plan received 17 May 2007) shall only be used as an office; iii) Building B (as shown on the plan received 17 May 2007) shall only be used only be used as a workshop and for storage and display purposes. 3. The use of Building A (as shown on the plan received 17 May 2007) as a workshop and for storage and display purposes shall cease and be permanently abandoned following the first use of Building B for these purposes. 4. No goods of any description shall be kept, stored, sold or displayed on any part of the site other than within the building(s). 5. This permission shall not enure for the benefit of the land but shall operate for the benefit of Mr and Mrs C Brown and on the discontinuance of his/her use of Building B (as shown on the plan received 17 May 2007) or Gatewen Hall the use of Building B for the purposes described in condition 02 shall cease and be abandoned. Page No 49

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 6. No use of the development shall be made before 0700 hours or after 1900 hours on any weekday and at no time on a Sunday or Bank Holiday. 7. The rating level of any noise generated by reason of this development shall not exceed the pre-existing back ground level. The noise level shall be determined at the nearest noise sensitive premises. Measurements and assessments shall be made in accordance with BS4142:1997 "Method of Rating Industrial Noise Affecting Residential and Industrial Areas. 8. Any display or sales facilities for customers shall be strictly limited and of an ancillary nature only.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To control the nature and intensity of the use in the interests of the amenity of nearby occupiers. 3. To protect the amenities of the occupiers of nearby properties. 4. To ensure there is no impact upon the setting of the Listed Building. 5. The premises are closely adjoined by residential properties and it is considered necessary to strictly control the nature intensity of the use of the premises in the interests of the amenities of the area 6. To ensure that the building is not used at a time which would be likely to cause nuisance or disturbance to nearby residents. 7. To protect the amenities of the occupiers of nearby properties. 8. To protect the amenities of the occupiers of nearby properties and to limit the traffic generated.

NOTE(S) TO APPLICANT

The premises are required to comply with the provisions of the Health and Safety at Work etc Act 1974 which in this case is administered by the Health and Safety Executive, Ellice Way, Wrexham Technology Park, Wrexham, for further advice on these matters. ______Page No 50

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0442 Crab Mill Farm Knolton Overton 03/04/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Overton Amendments to approved barn conversion, MP relocation of access and enlarged curtilage, associated paddock / orchard WARD: AGENT NAME: Overton APPLICANT(S) NAME: H M B Thomas Helen Hale, Barbara Mathews & Rosemary Richards

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THE SITE

The site is on the north-east side of the A528 2 km south-east of Overton. The site consists of a group of buildings arranged around a courtyard to the south-east of the farmhouse.

‘South barn’ subject of proposed amendments

A528 to Overton

Building being retained

Proposed access To Ellesmere

PROPOSAL

The conversion of existing brick buildings to form 3 dwellings, together with the conversion of a stable block to garages, installation of a septic tank and alteration to vehicular access was granted permission in early 2006 (see history). Subsequent Page No 51

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 changes were proposed to the western barn that required the submission of a revised application, however these would have adversely affected the appearance of the building and the rural character of the site. Consequently it was refused in February.

The applicant has now submitted a third application seeking to address the reasons for refusal and making changes to the earlier approval. The application proposes: 1) The creation of a new access to serve the ‘south barn’ (see plan); 2) Retention of the existing mono pitch cubicle building for use as a stable, car port and store by the future occupiers of the ‘south barn’ 3) Conversion of the area occupied by a row of Dutch barns (now demolished) to a paddock/orchard for use by the future occupiers of the ‘south barn’ 4) Slight increase in the domestic curtilage of the ‘south barn’ 5) An additional flue for the ‘south barn’ 6) Enlargement of an existing opening in the ‘south barn’.

RELEVANT HISTORY

P/2005/0808 Conversion to 3 dwellings and garages Withdrawn 09.05. P/2005/1343 Conversion of barns to 3 no dwellings, conversion of stable block to garages and alteration to existing vehicular access. Granted 6.3.06 P/2006/0027 Amendments to approved barn conversion, relocation of access and enlarged curtilage (previously granted under code no. P/2005/1343). Refused 22.2.07

DEVELOPMENT PLAN

Outside settlement limits and within a Special Landscape Area. Policies EC5 H3 PS2 and GDP1 of UDP are relevant, together with LPGN 3 and 13.

CONSULTATIONS

Community Council: Object for the following reasons: - the stretch of road is known as accident ‘black spot’. The number of accidents in the last 2 years alone is in double figures; - Councillors wonder why all proposed properties cannot use the existing access. The new access is far too close to the Knolton turn and bend in the road; - If the existing access is to be enlarged, would it be possible for Highways to put a ‘SLOW’ sign at the same time for traffic coming from the Ellesmere direction. Local Member: Notified 4.4.07 Highways: Recommend condition required visibility splays to be provided/maintained. Public Protection: No comments Env Agency: Standard advice applies Page No 52

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Welsh Water: The applicant intends to utilise private drainage facilities. No comment. Site Notice: Expired 30.4.07 Other representations: Adjoining occupiers notified No comments received.

SPECIAL CONSIDERATIONS

Proposed paddock/orchard: The previous application proposed using all of the area formerly occupied by a block of Dutch barns as a garden for the south barn. Although this area forms part of the former farmyard the creation of a large garden area would have been very urban/suburban in character and would have detracted from the rural character of the locality.

The current application proposes that of most of the former farmyard is used as a paddock/orchard, with a small part included into the domestic garden area of the south barn. The proposed use of the former farmyard is acceptable and I am satisfied the amended proposals are in keeping with the rural character of the site. I believe that the amended proposals are preferable to those previously approved despite there being a small increase in size.

Retention of existing agricultural building: The plans submitted with the application for the conversion of the 3 barns (P2005/1343) suggested the existing mono pitch cubicle shed and a row of Dutch barns were going to be retained. However the Dutch barns have subsequently been demolished.

The applicant proposes using the remaining mono pitch building to provide two stables (to be used in connection with the paddock) a car port/store for the south barn. There will be limited alterations to the building to facilitate its new use, but these will not substantially alter its character or appearance. Whilst the structure is a more recent agricultural building, its retention will not result in any additional impact upon the open countryside. The proposed uses are also acceptable and will reduce the likelihood of the applicant requiring additional outbuildings in future.

Alterations to the barn: The second flue will be stainless steel and painted matt black. It will not have a significant impact upon the character and appearance of the building.

Also proposed is the enlargement of a window in the rear elevation of the building. The new opening will be in keeping other openings in rest of the conversion scheme.

A new wall is proposed to block off an existing access (see below). It will be built out of reclaimed bricks and will not impact significantly or adversely upon the character and appearance of the site.

Access: The new access will serve the south barn only. The two other barns served from an existing access adjacent to Crab Mill Farmhouse. As part of the changes an access adjacent to the south barn will be closed up and a brick wall built across it. Page No 53

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 I was previously concerned that the splays required for the new access would need a substantial length of hedgerow to be removed. I am satisfied that this is not in fact the case and that adequate visibility can be provided as long as the existing boundary hedge is maintained at 1 metre in height. I note the comments made by the Community Council, however Highways have not objected to the scheme if adequate visibility splays are provided and maintained.

Conclusion: The proposals are acceptable and accord with policies PS2, GDP1 and H3.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict conformity with the details shown on the approved drawings and in the application documentation. 3. Prior to their installation on any part of the development, full details of all new and replacement windows (including rooflights) and doors and railings shall be submitted for the further approval of the Local Planning Authority. The works as approved shall only be carried out strictly in accordance with the details as approved. 4. No facing materials shall be used other than materials matching those used on the existing building. 5. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). 6. The residential curtilage of the dwelling shall be strictly limited to the area shown on approved drawing no. 833/10 revision F. 7. The land to the south of and adjoining the residential curtilage shall be used for no other purpose than as a driveway, turning area and paddock/orchard as shown on approved drawing no. 833/10 revision F. 8. The monopitch cubicle shed shall be used for no other purposes other than those shown on the approved plans and described in the application documentation. For the avoidance of doubt it shall only be used as a private carport, store and stables and shall not be used for any commercial purposes. 9. Development shall not begin until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting photographs should be deposited with the County Sites and Monuments Record, operated by The Clwyd-Powys Archaeological Trust (7a Church Street, Welshpool, Powys, SY21 7DL. Tel: 01938 553670). 10. Within 3 months of commencement of development on site, full details of both hard and soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 11. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 10. The works shall be carried out within 3 Page No 54

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 12. All trees, shrubs and hedge plants supplied shall comply with the requirements of the current BS 3936 Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirement of the current BS 4428 Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree planting shall be in accordance with section 13 of BS 5837 Trees in Relation to Construction Recommendations (2005). 13. Development works shall comply with the Council’s Supplementary Planning Guidance for Protection of Trees on Development Sites, and British Standard guide for Trees in Relation to Construction Sites (BS 5837) (1991). 14. No part of the development shall commence until a scheme of mitigation measures to ensure the protection of bats / existing bat roosts has 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. 15. The new access shall be provided with visibility splays as shown on approved drawing no. 833/16 revision C. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to the first occupation of the dwelling hereby approved and shall thereafter be retained clear of such obstruction. 16. The parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first occupation of the dwelling and shall thereafter be retained for those purposes. The hard surfacing shall not be undertaken using a porous surface and specifically not tarmacadam. 17. Details of roof truss and A frame alterations, flues and external steps, shall be submitted to the Local Planning Authority before any part of the development is commenced and the development shall only be carried out in strict conformity with such details as are thereby approved. 18. The new boundary wall adjacent to the A528 shown on the approved plans shall be erected prior to the first occupation of the dwelling hereby approved and thereafter retained.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure the works reflect the character and appearance of the building. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To allow the Council to control any further development of the site in order to protect the rural character of the site and Special Landscape Area. 6. To ensure the development complies with the appropriate policies and to protect the character of the open countryside. 7. To ensure the development complies with the appropriate policies and to protect the character of the open countryside. 8. To ensure the development complies with the appropriate policies and to protect the amenity of nearby occupiers. Page No 55

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 9. The site contains archaeological remains which it is essential should be protected from damage. 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13. To ensure that the works on the site properly take account of the future health of the trees. 14. In order to protect wildlife interests, which are afforded special protection. 15. To ensure that adequate visibility is provided at the proposed point of access to the highway. 16. 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 and in the intersts of visual amenity. 17. To enable the control of matters not detailed in the application in compliance with the appropriate policies and standards 18. To ensure an existing point of access is effectively and permanently closed to vehicular traffic and pedestrian access in the interests of highway safety.

NOTE(S) TO APPLICANT

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

______Page No 56

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0453 Hand Hotel Church Street Chirk Wrexham 05/04/2007

DESCRIPTION: COMMUNITY: Construction of pitched roof structure to CASE OFFICER: Chirk public car park to form designated SEH smoking area

WARD: APPLICANT(S) NAME: AGENT NAME: Chirk South Mr Wayne Johnson Punch Taverns (PML) Dickinson Waugh Limited Architecture Ltd Mr Mark Dickinson

______

THE SITE

The Hand Hotel is a Listed Building located on the main street in the Chirk Conservation Area.

Site

Proposed Smoking Shelter

PROPOSAL

As Above.

HISTORY Page No 57

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 No relevant history. DEVELOPMENT PLAN

Within settlement limit. UDP Policies GDP1, PS2, EC7 and EC9 apply.

CONSULTATIONS

Community Council: Notified 12.04.07 Local Member: Notified 12.04.07 Other Representations: One letter of objection received objecting on the following grounds: 1) Increased noise levels 2) Verbal abuse from patrons 3) Suspected drug trafficking in the hotel bar 4) Adverse visual impact Site Notice: Expired 04.05.07

SPECIAL CONSIDERATIONS/ISSUES

Design and Amenity: The proposed structure is of simple design and is free standing and not to be attached to the Listed Building. The structure is relatively small and is located appropriately to reduce any visual impact. It will have no negative impact upon the appearance of Listed Building.

Issues have been raised such as possible nuisances caused by the proposed structure. However these alleged nuisances are current, and it is not considered that the proposed structure would compound these issues. A temporary permission is appropriate in order to assess any possible additional negative impact on the area.

Other Matters: Issues such as suspected drug trafficking are not relevant material planning considerations.

Conclusion: The development is acceptable in terms of scale, design and location. The scheme accords with local policy 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. The use of the building shall cease not later than 30 June 2008. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date. 3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. Page No 58

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. Having regard to its design and materials of construction, planning permission would not normally be granted in respect of temporary buildings in this location. Permission has been granted in this instance solely to allow the applicant adequate time to seek permanent, satisfactory accommodation. 3. To ensure that the development fully complies with the appropriate policies and standards.

NOTE(S) TO APPLICANT

Should any part of the development, including signs and cigarette bins, be attached to the building, an application for listed building consent is required. ______Page No 59

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0459 Land to the rear of 79 High Street 05/04/2007 Coedpoeth Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Coedpoeth Erection of 2 detached dwellings with DSW integral garages

WARD: APPLICANT(S) NAME: AGENT NAME: Coedpoeth Mr K Jones Blue Print

______

THE SITE

Approx size of new units

PROPOSAL

As above.

HISTORY

P/2002/0430 Outline application for erection of dwelling and alteration to existing access. Granted 10.6.02. (Access required to have visibility splay of 2m x 70m in either direction of the access). P/2003/0027 Erection of 2, two-storey dwellings and alteration to existing access. Refused 26.4.03 impact upon the privacy and amenities of neighbouring dwellings. Page No 60

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 P/2003/0502 Erection of 2 two-storey dwellings and alteration to existing access. Refused 25.6.03 - detrimental to the amenities and privacy of neighbouring dwellings P/2004/0138 Erection of 2 two-storey dwellings and alteration to existing vehicular access. Refused 21.5.04. P/2004/0967 Erection of 2 detached dwellings. Granted 22.10.2004.

DEVELOPMENT PLAN

Within settlement limits UDP Policies PS1, GDP1 and H2 apply.

CONSULTATIONS

Community Council: Consulted 12.4.2007. Local Members: Notified 12.4.2007. Environment Agency: No objections. Highways: No objections subject to conditions requiring visibility splays of 2.4m x 56m in both directions. Welsh Water: No objections subject to appropriate conditions to control foul and surface water drainage. Public Protection Consulted 12.4.2007. Other Representations: One objection received from an adjoining occupier expressing concerns over the close proximity of the development to their boundary, which would result in a loss of light and privacy. Site Notice: Expired 4.5.2007.

SPECIAL CONSIDERATIONS / ISSUES

Background: The site has full planning for two three bedroom dwellings (Code No. P/2004/0967). In principle there can be no policy objection subject to compliance with Unitary Development Plan policy GDP1.

Highways: The principle of utilising the existing access has already been established by the previous planning permission (Ref: P/2007/0967), which required, under condition 7, a visibility splay of 2m x 70m. However in the light of recent changes in highway visibility standards, the revised visibility requirement is 2.4m x 56m which forms a change to the original condition.

House Types: This application is a substitution of house types to provide two, four bedroom units, one with an integral garage, the other with a detached double garage to the front. The volume of the dwellings has been increased marginally be extending the depth of each unit. I consider that will have no additionally impact upon neighbouring properties. The proposed dwellings have also been re-sited further back into the site to provide an improved turning area to the front. The introduction of a detached double garage to the front of the dwelling nearest No. 75 High Street (Plot 1) will in my opinion provide a better relationship between the properties by improving the screening along this boundary. Given the close proximity of the garage to the front elevation of the proposed dwelling, the internal living space has been re- designed to ensure the main habitable rooms overlook the rear garden area. Page No 61

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

Amenity: I am satisfied there will be no additional loss of amenity. All bedroom windows face to either the front or back of each dwelling. Side windows are restricted to bathroom / en-suite and will be obscurely glazed. The application satisfies daylight standards and is an improvement over the previous planning permission.

Planning Standards: The design and appearance of the proposed dwellings are acceptable and the proposal meets detailed planning standards in respect of separation distances, parking requirements and minimum garden sizes.

Conclusion: I consider the application to be acceptable and recommend accordingly.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No part of the development shall be commenced until samples of all external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Before any part of the development is commenced, the precise position of the dwellings, the parking and turning areas shall be pegged out on site and shall be agreed in writing by the Local Planning Authority. Development shall only be carried out strictly in accordance with such details as are thereby approved. 4. Within 3 months of commencement of development on site, full details of both hard and soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 5. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved by the Local Planning Authority. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. 6. The position of any proposed access gates shall be set back a minimum distance of 5 metres from the edge of the highway carriageway and the means of enclosure on either side thereof shall be splayed at an angle of forty five degrees. The land within the splayed access way so formed shall be strengthened with broken stone, or a similar durable material, to a consolidated thickness of 150mm and surfaced with tar macadam prior to bringing into use the development hereby approved and shall thereafter be retained in a usable condition. 7. The proposed access shall have a visibility splay of 2.4m x 56m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of Page No 62

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction.

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 adequate off-street car parking and servicing facilities in the interests of both highway safety and visual amenity. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure the formation of a safe and satisfactory access. 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. Page No 63

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0475 1 Sycamore Drive Chirk Wrexham 11/04/2007

DESCRIPTION: COMMUNITY: Extensions to side and rear CASE OFFICER: Chirk SEH

APPLICANT(S) NAME: WARD: Mr & Mrs Gary Roberts AGENT NAME: Chirk North M A Clark Mr Michael Clark

______THE SITE

Site

Proposed single and two-storey extension

PROPOSAL

Two-storey side extension and single storey rear extension.

HISTORY

No relevant history. Page No 64

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

DEVELOPMENT PLAN

Within settlement limit. UDP Policies GDP1 and PS2 apply. L P G Notes No. 20 ‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Notified 12.04.07 Local Member: Notified 12.04.07 Other Representations: One letter The rear extension will block all light from the garden. Site Notice: Expired 04.05.07

SPECIAL CONSIDERATIONS/ISSUES

Residential Amenity: The proposed extension is of simple design and is in keeping with the existing property. The extension meets all the Council's standards for space around dwellings including the recommended separation distances between dwellings.

An objection has been received in relation to loss of light to the adjoining property. The British Research Establishment recommended tests for daylight, as adopted by the Council, have been applied and the vertical test passes, but the horizontal test fails. The requirement is that only one of the tests need pass, and given that the affected habitable room has the benefit of double aspect windows, I do not consider the loss of light to be significant in this case.

Further, the neighbouring garden is south facing and I do not consider there to be a significant loss of daylight to the garden area.

Conclusion: The development is acceptable in terms of scale, design and location. The scheme accords with local policy 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. No facing materials shall be used other than materials matching those used on the existing building. 3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.

REASON(S)

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 3. To ensure that the development fully complies with the appropriate policies and standards. ______Page No 66

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0476 Land adjoining 4 Marshley Isycoed 11/04/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Isycoed Outline application for residential MP development (1 dwelling), construction of new vehicular and pedestrian access and WARD: associated site drainage works AGENT NAME: Holt A J Minshull APPLICANT(S) NAME: Mr J Smith

______

Agricultural building

1-4 Marshley

Proposed ‘infill’ plot

Marshley Farmhouse

PROPOSAL

The application is in outline with all matters reserved for subsequent approval.

HISTORY

No relevant history. Page No 67

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 DEVELOPMENT PLAN

Outside settlement. Policies PS1, PS2, GDP1 and H5 apply.

CONSULTATIONS

Community Council: No observations Local Member: Requested the application is reported to committee. Welsh Water: The proposed development would overload the waste water treatment works. No improvements are planned. Welsh Water therefore object. Environment Agency: No comments Highways: No objections subject to conditions. Other representations: Adjacent properties notified 23.4.07 Site Notice: Expired 15.5.07

SPECIAL CONSIDERATIONS

Policy: The site is outside of a settlement limit where there is a presumption against the erection of new dwellings unless: i) Proposals are for the conversion existing buildings; ii) The subdivision of an existing dwelling; iii) The replacement of an existing dwelling; iv) They are to meet the essential needs of an agricultural/forestry business; v) They provide affordable homes to meet an identified local need or vi) The proposal constitutes infill.

The applicant’s agent has suggested that the development can be considered as infill in accordance with policy H5. Infill is defined as the development of not more than two dwelling in a small gap within a well developed built frontage. The application site is approximately 20 metres wide and lies between a row of 4 dwellings and a small agricultural building. It does not in my view constitute a small gap in a well- developed built frontage and as such the proposals do not accord with policy H5. Allowing the development to go ahead would result in sporadic residential development in the countryside that would have a material and detrimental impact upon its character.

Conclusion: The development does not constitute infill and as such does not accord with policies PS1, PS2 and H5.

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The proposal does not constitute in-fill development in accordance with Policy H5 of the Wrexham Unitary Development Plan. The erection of a new dwelling in this location would constitute residential development in the open countryside contrary to policy PS1 of the Wrexham Unitary Development Plan. Page No 68

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 2. The proposed dwelling will result in sporadic development in the countryside, which would have a material and detrimental impact upon its character. As such the development is contrary to policy PS2 of the Wrexham Unitary Development Plan.

______Page No 69

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0480 4 Little Street Ruabon Wrexham 11/04/2007

DESCRIPTION: COMMUNITY: Erection of wooden panelled studio CASE OFFICER: Ruabon outbuilding for use as dog grooming LB1 studio.

WARD: APPLICANT(S) NAME: AGENT NAME: Penycae & Ruabon South Mr Kevin Doolan Mr Kevin Doolan

______

SITE

Proposed shed

PROPOSAL

As above.

HISTORY

P/2000/0997 – Outline Application for residential development. Refused 04/12/2000 P/2001/0876 – Conservation Area consent for demolition of dwelling. Granted 12/11/2001 P/2001/0877 – Erection of 4 No. three storey dwellings. Granted 12/11/2001 Page No 70

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

DEVELOPMENT PLAN

Within Settlement limit and Conservation Area, Policies GDP1, PS2, EC7, E4 apply.

CONSULTATIONS

Community Council: No objection Local Member: Consulted 12/04/07 Highways: Generation of traffic will be minimal and there is sufficient parking to the front of the property for the proposed customers. Public Protection: No comments Other representations: Two letter of objection received raising the following concerns:  The area is a residential and conservation area, if permission is granted does this mean that other houses in the area could be given permission to run a business?  The increase in traffic. Duke Street is a very narrow road, with no pavement and usually some cars parked either side of the road.  The increase in noise levels if dogs bark.  What happens if the owners of Little Street decide to sell their house, would new owners automatically be able to operate a business from there?  Concerns over the noise of barking dogs right next to neighbouring gardens.  To erect a wooden building against the boundary would go against planning rules as a fire risk.  If this application were to be passed it could encourage others to start businesses in their gardens.  This is a conservation area and were hoping to see it gradually enhanced.

Site Notice: Expired 04/05/07

SPECIAL CONSIDERATIONS

Site: Little Street is a small residential street in Ruabon. The houses are three storey, the garage of no. 4 lies adjacent to the rear gardens of Paddock Row. Little Street lies lower than the surrounding area; it is therefore approximately 4 metres lower than the properties on Paddock Row. The proposed shed lies between the existing garage and the boundary hedge. Page No 71

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Policy: Policy E4 allows for employment development within settlement limits subject to policy GDP1. Therefore employment uses that do not affect the amenity of neighbouring properties and do not impact upon highway safety will be permitted. The proposal is for a small business that will only be able to cater for a maximum of three dogs per day, this is clearly not a large scale business and will therefore be acceptable in policy terms.

Impact on Conservation Area: The proposed shed, lying between the existing garage and the boundary fence will have minimal impact on the conservation area as only part of it will be visible. The colour of the shed will be conditioned to ensure that it is a subdued colour to minimise the impact on the conservation area. The size of the shed is not excessive and will create overlooking to neighbouring gardens or properties.

Amenity: The applicants state that there will only be one dog in the shed at a time, whilst it is anticipated that there is potential for some noise to be created this will be minimal and equivalent to a pet dog being kept in a garden. The 3 metre high conifer hedge on the boundary between Little Street and the gardens of Paddock Row will further minimise the noise impact.

Highways: There are two parking places to the front of the property and an additional one in the garage, as there will only be one dog in the building at a time and consequently one car parked outside there is sufficient parking spaces provided.

Other Considerations: Any permission will be a personal one, solely for Mr & Mrs Doolan whilst they are resident at the property. Any other persons would not be able to run a business from the shed.

The granting of this permission does not automatically mean that any applications from neighbouring properties will be successful. New proposals would be judged on their own merits.

Conclusion: The shed is small and will not be visible from neighbouring properties. The use of the premises for a dog grooming business will be acceptable in a residential area as it is a small business that will not have many customers, thus minimising the impact on neighbouring property’s amenity. P/2007 /0480

RECOMMENDATION That permission be GRANTED

CONDITION(S)

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. 4. Notwithstanding the details of the approved plans, details of the proposed colour of the shed shall be submitted to and approved by the Local Authority prior to commencement of development. The development shall only be carried out in strict accordance with the approved details. 5. This permission shall not enure for the benefit of the land but shall operate for the benefit of Mr & Mrs Doolan whilst they are resident at 4 Little Street and on the discontinuance of their use of that land, the use shall cease and be abandoned. The land shall be restored to its previous condition not later than one month after that date and thereafter shallbe strictly liited to residential use ancillary to the dwelling.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In order that the Local Planning Authority may have the opportunity reviewing the impact of this development on the amenities of occupants of other properties in the vicinity in the light of experience of its operation. 3. To ensure that the development fully complies with the appropriate policies and standards. 4. In the interests of the visual amenity of the area. 5. The premises are closely adjoined by residential properties and it is considered necessary to strictly control the nature intensity of the use of the premises in the interests of the amenities of the area.

NOTE(S) TO APPLICANT

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

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

______Page No 73

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0481 1 & 2 Bridge End Cottages Pont Adam 12/04/2007 Ruabon, Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Ruabon Removal of existing extension, SEH construction of new extension. Alterations to internal and external fabric - in WARD: association with dwelling house and AGENT NAME: Ruabon external landscaping. Duanne Morris

APPLICANT(S) NAME: Mr W Smith

______

THE SITE

Proposed garage Site

Proposed single dwelling

PROPOSAL

As Above. Page No 74

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 HISTORY

6/18606 - Two Storey Rear Extension. Approved 18/10/1990

DEVELOPMENT PLAN

Within settlement limit. UDP Policies GDP1, PS2 and EC7 apply. Local Planning Guidance Notes Nos. 20 ‘House Extensions’, 21 ‘Space around Dwellings’ and 4 'Conservation Areas' are also relevant.

CONSULTATIONS

Community Council: Notified 12.04.07 Local Member: Notified 12.04.07 Other Representations: One letter of support The proposal will be an improvement to what is currently a complete eyesore. Site Notice: Expired 04.05.07

SPECIAL CONSIDERATIONS/ISSUES

Background: The removal of the existing extensions would improve the appearance of the dwelling and enhance the surrounding area, particularly when viewed from the adjacent Conservation Area. The main issue to consider relates to the scale and design of the proposed extension.

Residential Amenity: The extension does not cause any negative impact in terms of loss of light to any of the surrounding dwellings. However, the proposed roof terrace could cause issues of overlooking into the private garden areas of the surrounding properties, and amended plans have been requested which reduce the extent of the terraced area in order to reduce any potential for overlooking.

Design: The proposed extension and garage are out of scale with the existing property, and the design of the extension is not in keeping with the existing building. The extension would overdominate the existing property producing a negative visual impact, particularly when viewed from the adjacent Conservation Area. Amended plans have been requested reducing the size of the extension and garage, and simplifying its design.

Conclusion: The proposed extension is unacceptable in terms of its scale and design and would detrimentally affect the appearance of the building and the surrounding area, and I recommend accordingly.

RECOMMENDATION A

If amended plans are not submitted it is recommended that permission be REFUSED for the following reason:-

The proposed extension, by virtue of its scale and design, is unacceptable as having a negative impact upon the appearance of the existing dwelling, which would detrimentally affect the character of the property, the street scene and the adjacent Page No 75

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 conservation area. To allow the proposal would be contrary to Policies PS2, EC4 and GDP1 of the Wrexham Unitary Development Plan and Local Planning Guidance Note No 20: House Extensions.

RECOMMENDATION B

If the applicant submits amended plans which address the concerns as described within the report, it is recommended that permission be granted subject to the following conditions :-

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. The development shall only be carried out in accordance with the amended plan(s). 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. Any garage erected under this permission shall be used only for a purpose incidental to the use of that dwelling as a single dwelling house provided that such use shall not preclude the garaging of a private motor car. 5. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).

REASON(S)

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0489 14 Maelor Road Johnstown Wrexham 13/04/2007

DESCRIPTION: COMMUNITY: Change of use from residential to beauty CASE OFFICER: Rhos salon business. MP

APPLICANT(S) NAME: WARD: Mrs Jane Baker AGENT NAME: Ponciau Mrs Jane Baker

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Application site

SITE

At the rear of the application there is a residential property (14a). The proposed beauty salon would occupy the first floor of the building fronting Maelor Road. At present the first floor is a 2 bedroom flat and on the ground floor there is a small shop (currently occupied by the applicant’s business) and another residential property (15 Maelor Road). Page No 77

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

PROPOSAL

The applicant is proposing to convert the existing first floor flat into a beauty salon. The ground floor shop would be let separately.

HISTORY

RHO 14049 Alterations to form two flats and a lock-up shop and alteration to shop front. Granted 1.5.87

DEVELOPMENT PLAN

Inside settlement limit. Policy GDP1 and S6 apply.

CONSULTATIONS

Community Council: Notified 17.4.07 Local Member: Notified 17.4.07 Highways: Recommend refusal on the grounds of - restricted visibility from existing access - existing access is too restricted to allow 2 cars to pass simultaneously - inadequate provision for parking; - inadequate provision for turning. Other representations: Nearby properties notified 23.4.07 Site Notice: Expired 14.5.07

SPECIAL CONSIDERATIONS

Policy: There is no policy objection in principle to the use subject to there being no impact upon the amenity of nearby occupiers and provided the development does not give rise to parking/access problems.

Amenity: Whilst the property does adjoin one residential premises and is close to a second, I am of the opinion that the nature and scale of the business is unlikely to cause significant noise or disturbance to the occupiers. Provided the use is specifically limited to the one being applied for, I am satisfied the impact upon amenity would not be unacceptable.

Highways: I note the objections raised by Highways, but I believe it would be difficult to sustain a refusal on these grounds. Highways are correct in that access is restricted and suffers from poor visibility. The parking provision is also limited, however it would appear this currently serves the existing residential properties of 14a and 15 Maelor Road. In spite of this I am of the opinion the proposals are unlikely to exacerbate any existing parking and access problems for the following reasons: i) In accordance with LPG16 the proposed use would require only 1 more space than the existing use, however the applicant has stated that the majority of her Page No 78

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 customers travel to the existing salon on foot. I am of the opinion that given the limited provision of parking at present and that the business is only likely to provide a service to those living relatively close by, the proposals are unlikely to significantly increase the likelihood of on-street parking or usage of the existing access when compared to the existing residential use; ii) The nature of the parking demand for the proposed use is likely to be relatively short stay, where as a flat would require longer stay provision. iii) There is a Traffic Regulation Order in force along the Maelor Road/Gutter Hill preventing parking on the highway immediately outside the premises. The proposals may result in some on-street parking further along Merlin Street (where no restrictions apply), however it is unlikely this will be any worse than at present;

In my opinion, restrictions on the use and a personal permission would be appropriate measures to use to reduce the likelihood of the proposals resulting in a significantly increase in parking demand/usage of the access. The permission should also be granted for a temporary period initially to allow the use to be monitored. If the development were to give rise to parking problems in the vicinity, there would clearly be grounds for refusing the applicant a permanent permission.

Conclusions: Subject to appropriate restrictions, the development is acceptable.

P/2007 /0489 RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The use hereby permitted shall cease and be abandoned not later than 30 June 2008. 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order no part of the premises shall be used except for the precise purposes described in the application plans and documents. 3. This permission shall not enure for the benefit of the land last shall operate for the benefit of Mrs Jane Baker and on the discontinuance of her use of the premises the use shall cease and be abandoned and the property shall revert to residential use.

REASON(S)

1. To allow the Council to monitor the impact of the development in the interests of highway safety. 2. To control the nature and intensity of the use in the interests of the amenity of nearby occupiers and highway safety. 3. To control the nature and intensity of the use in the interests of the amenity of nearby occupiers and highway safety.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0509 The Lodge Strathalyn Llay Road Rossett 20/04/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Rossett Erection of carport and first floor extension PF to create an en-suite shower room.

WARD: APPLICANT(S) NAME: AGENT NAME: Rossett Mrs J A Metcalf Tecwyn Williams

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SITE

Position of dormer extension

Position of timber car port/store

PROPOSAL

This application is a resubmission for the erection of a free-standing car port and for the erection of a dormer extension to the front of the property to facilitate an en-suit shower room. The proposed car port will measure 3 metres by 5.5 metres with a height of 3 metres to the top of the ridge with a stained oak framework and boarding. The dormer window, with a width of 2.4 metres and a height to the ridge of 3 metres, will sit on the western roof plane of the property.

HISTORY

P/2000/0341 - Change of use to residential Granted 06.06.2000 Page No 80

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 P/2000/0853 - Two storey extension to existing lodge Granted 07.11.2000 P/2004/0257 – Erection of detached double garage Refused 13.04.2004 P/2007/0185 - Erection of free standing carport/store and first floor extension Withdrawn 20.03.2007

DEVELOPMENT PLAN

Outside settlement limits and in a Green Barrier, Special Landscape Area and a TPO. Policies PS2, GDP1(a), EC1, EC4 and EC5 are relevant. Local Planning Guidance Notes 13 – Housing in the Countryside and 17 – Trees and Development also apply.

CONSULTATIONS

Community Council: Consulted 25.04.2007. Local Member: Notified 25.04.2007 Highways: Consulted 25.04.2007 Other representations: 22 neighbours notified. 2 letters of objection received raising the following concerns.  Following a previous application for garages on the estate, it was agreed that no further planning applications were to be accepted on the site.  The extension to the western elevation will destroy the character of the Victorian Lodge building.  The modification of the carport further increases its visual impact.  Modification of the carport extends it and does reduce its impact  Planting will not hide the impact of the carport. Site Notice: Expired 11.05.2007

SPECIAL CONSIDERATIONS

Background: A two storey side extension on 1 Strathalyn (The Lodge) was granted planning permission (P/2000/0341) in 2000. There was also a subsequent application for the erection of a brick built double garage (P/2004/0257) in the garden area which was refused on landscape and tree grounds in 2004. In February 2007 an application was submitted for the erection of a wooden car port structure and dormer extension and was subsequently withdrawn. The property is not listed and is not within a Conservation Area.

In 2002 permission was granted to convert the Strathalyn Nursing Home to residential units. As part of this permission, permitted development rights for any further development were removed by condition. However, The Lodge was not included in this application, therefore permitted development rights remain for this property. The existing post and panel fence was erected as permitted development upon which the planning department has no control.

Trees/Landscape: The property is in a Green Barrier and an area of Special Landscape. Following discussions, the carport structure has been reduced to minimise its impact, having being reduced in length. The application proposed the removal of two trees which are the subject of a tree preservation order (WCBC No.97) to create extra hardstanding. This would have been contrary to policy EC4 of the development plan. Amended plans were sought to have these trees retained. The presence of the Page No 81

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 protected trees form positive screening and the stained wooden material mitigates any impact. Implementation of the landscaping on the submitted plans will be conditioned. Materials are indicated on the plan that will allow for a ‘no-dig’ construction of the hardstanding within and up to the car port maintaining the root structure of the protected trees.

Design/Amenity: The proposed dormer window on the western roof plane of the previously granted extension will sit off centre towards the northern end of the property. Because this extension was erected 6 metres back from the front of the property, I am happy that this addition will not create an over dominant feature of the property as it will be set back and will barely be visible from the highway. The design respects the current form of the dwelling, replicating existing brick patterns and the simple glazing reduces the impact further.

Conclusion: I am of the opinion that this proposal will not have a detrimental impact upon the area of Special Landscape or the character of the building. The site characteristics shield much of the impact of the car port by virtue of the protected trees and the dormer extension is screened by the front gable. I recommend accordingly.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development shall only be carried out in accordance with the amended plan(s) dated 14 May 2007. 2. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 3. No facing materials shall be used other than materials matching those used on the existing building. 4. No trees shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged. 5. The planting scheme hereby approved shall be carried out and completed during the first planting season following the commencement of building operations. Such planting shall thereafter be maintained for a minimum period of five years and any tree or shrubs that dies or is vandalised during the maintenance period shall be replaced with one of a similar species. 6. The 'no-dig' specification works hereby authorised shall only be carried out under the supervision of the Council’s Arboricultural Officer.

REASON(S)

1. To ensure that the development fully complies with the appropriate policies and standards. 2. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To protect trees which are of significant amenity value to the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. Page No 82

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 6. To enable the Council to monitor/supervise the works.

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.

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0510 Land at Talwrn Farm Talwrn Road 20/04/2007 Coedpoeth Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Coedpoeth Erection of 12 no. dwellings and SJG construction of new vehicular access

WARD: APPLICANT(S) NAME: AGENT NAME: Coedpoeth C T Homes Ltd Designmix Ltd

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THE SITE

The site has an area of 0.31 hectare and contains the derelict Talwrn farmhouse.

PROPOSAL

Construction of a new vehicular access to Talwrn Road in the location of an existing footpath, demolition of existing buildings and the erection of 12 dwellings. The access would also serve the bungalow on the frontage, Cwm Pennant, and would continue as an estate road leading to a parking court. The dwellings are arranged as 6 pairs of semi-detached 2 bedroom houses along the eastern and southern sides of the site. The scheme proposes the diversion of the western branch of footpath 29. A Page No 84

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 sustainability statement has been supplied. The density is 38.7 dwellings to the hectare.

RELEVANT HISTORY

P/2005/1282 13 dwellings and new access Withdrawn 31/3/2006 P/2006/1124 13 dwellings and access Refused 14/11/2005 appeal dismissed 11/4/2007

DEVELOPMENT PLAN

Within the settlement , UDP policies PS1 PS2 PS3 PS4 H2 T8 EC4 CLF5 GDP2 and GDP1 are relevant, together with LPGN7 16 17 21 22 23 24 and 27. Public footpath 29 crosses the site.

CONSULTATIONS

C Council: Consulted 24/4/2007 Local Members: Consulted 24/4/2007 Highways: Recommend conditions Public Protection: Consulted 24/4/2007 Ramblers: Comments regarding marking of footpaths and lighting Rights of Way: Consulted 24/4/2007 Asset management: No schools contribution required Welsh Water: Recommend conditions Env Agency: No objection subject to comments Site Notices: Expired 18/5/2007 Press advert: Expired 18/5/2007 Other representations: Adjoining occupiers notified 30/4/2007 1 objection received on grounds of: a. Units 3 and 4 are located only 13 metres from the gable end of the adjoining house, and there is a difference in levels. This gable incorporates the main window of the master bedroom. Several windows in these dwellings will directly overlook their property, causing an unacceptable loss of privacy, contrary to local planning guidance note 21. b. The hedgerow at the rear of the proposed dwellings will be adversely affected by the development of dwellings and the diversion of the public footpath. This will be detrimental to wildlife conservation and amenity. c. The development would be out of character with the area, in terms of the small units, small rear gardens and large parking areas. d. Sustainability of the development is questionable. e. The density of the development is excessive in comparison with other sites in the village.

SPECIAL CONSIDERATIONS/ ISSUES

Layout/ separation distances: The proposed site layout is an improvement on the previous scheme, which had a large parking area for 22 cars in front of the dwellings. There are now more planting areas to break up the parking area. There is a concern over the proximity of the dwellings to 1 Adwy Lane, in terms of a first floor bedroom Page No 85

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 window in the gable. However the affected windows are additional windows to those facing north and south. Overall it is considered that the layout meets the separation distance requirements based on the submitted layout, but details of floor levels are required to confirm compliance.

Open space provision: The layout proposes no public open space, but now includes areas of planting. The agent has submitted a statement referring to public open spaces in the locality. A contribution towards improvement of convenient nearby facilities can be considered for developments of between 10-20 dwellings, under the terms of LPGN10. The nearest play area is 300 metres to the west of the site. It was agreed at the recent appeal hearing that this play area is in urgent need of improvement, and the developers have offered a unilateral undertaking to contribute towards its improvement.

Sustainable Building: A sustainability statement has been supplied as required by LPG22, while there are positives with the statement there needs to be further detail e.g. ensure recycling provision is made, materials are salvaged from the existing building, re-use brown water. Furthermore there are possibilities to enhance the development - there is a large tarmac car park that would benefit from permeable surfacing. Accordingly a condition is imposed requiring more information.

Trees: A Tree Survey and aboricultural impact assessment / method statement in accordance with BS 5837 (2005) is required in support of this application. In particular the crown spread of all trees/hedges needs to be accurately displayed and an assessment of potential overshadowing (BRE Report 209 & 380). A condition is included accordingly.

Public rights of way: The two branches of footpath 29 deserve special consideration. The eastern branch runs along Adwy Lane and is not directly affected by the development. However the path will become “urbanised” as pointed out by the Ramblers, and a scheme for lighting and surfacing would be desirable. The western branch passes through the site and a diversion is proposed in the application. The suggested route has been amended to follow the route of paths within the site, and passes through a 4 metre gap between dwellings. I believe this to be acceptable.

Designing out Crime: The main issues are the large car park with a footpath passing through the site. Planting within the site has been kept to a low level to ensure supervision of the parking area. The revised design allows for a more acceptable layout.

Drainage: The objection from Welsh Water was withdrawn during the appeal process.

Highway Safety: The revised scheme is now acceptable to Highways, and the reason for refusal of the previous application was withdrawn prior to the hearing.

RECOMMENDATION A

That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990, requiring: Page No 86

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 a. A commuted sum based on Local Planning Guidance Note 10 for contribution towards provision and improvement of existing play areas in the community. The Chief Planning Officer be given delegated authority to determine the final form and content of the obligation.

RECOMMENDATION B

That planning permission be granted on completion of the obligation, subject to the following conditions:

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. 3. Prior to their use on the development, samples of all external facing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). 5. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes. 6. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied 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 floor and ground levels shall be submitted to the Local Planning Authority before any part of the development is commenced and the development shall only be carried out in strict conformity with such details as are thereby approved. 9. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 10. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 9. The works shall be carried out: Page No 87

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 a) prior to the occupation of any part of the development; b) in accordance with the programme agreed with the Local Planning Authority; c) within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 11. All trees, shrubs and hedge plants supplied shall comply with the requirements of the current BS 3936 Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirement of the current BS 4428 Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree planting shall be in accordance with section 13 of BS 5837 Trees in Relation to Construction Recommendations (2005). 12. Development works must comply with the Council’s Supplementary Planning Guidance for Protection of Trees on Development Sites, and British Standard guide for Trees in Relation to Construction Sites (BS 5837) (2005). 13. Construction works, ancillary works and the use of plant or machinery audible at or beyond the site boundary shall only be carried out between the hours of 07:30 and 19:30 (Monday to Friday) and 08:00 to 14:00 (Saturday) and at no time on Sundays or Bank Holidays. 14. The site shall be drained by a separate system of foul and surface water drainage to comply with the following requirements: a. Foul flows shall be connected to the 150mm public foul sewer at manhole ref. SJ29511301 shown on the attached plan. b. No surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) to the public sewerage system. 15. The proposed access shall have a visibility splay of 4.5m x 90m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction. 16. The proposed access road shall be a minimum width of 4.5 metres and incorporate 6 metre kerb radii and dropped kerbs/ tactile crossing points at the junction. 17. The gradient of the access from the edge of the existing carriageway for a minimum distance of 10m shall be 1 in 24 and a maximum of 1 in 10 thereafter. 18. The existing access to the property Cwm Pennant shall be permanently closed up and relocated as proposed prior to the occupation of any new dwelling on the site. 19. Prior to the commencement of development, a programme of sustainable works shall be submitted for the written approval of the Local Planning Authority. The approved programme shall be implemented in accordance with a timescale to be agreed with the Local Planning Authority. 20.. Notwithstanding the details shown on the submitted plans and the above conditions, no part of the development shall be commenced until a full survey of all trees and hedges has been submitted and has been approved in writing by the Local Planning Authority. This shall detail the full crown spread of each tree/hedge and shall include assessments of likely overshadowing of properties and gardens.. Development shall only be carried out in accordance with such details as are approve din wiritng by the Local Planning Authority. Page No 88

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. To ensure the proper drainage of the site and to minimise the risk of pollution 7. In the interests of the amenities of the future occupants of the buildings 8. To ensure that the development fully complies with the appropriate policies and standards. 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. To ensure that the works on the site properly take account of the future health of the trees. 13. To protect the amenities of the occupiers of nearby properties. 14. To ensure the proper drainage of the site and to minimise the risk of pollution. 15. To ensure that adequate visibility is provided at the proposed point of access to the highway. 16. In the interests of highway safety. 17. In the interests of highway safety. 18. In the interests of highway safety. 19. To meet the criteria set out in the Local Planning Guidance Note 22. 20. To ensure that the full impacts and implications for the trees/hedges are properly taken into account.

NOTE(S) TO APPLICANT

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4, 5 and 10 on the enclosed "Applicants' Rights and General Information".

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

The Operational Manager (Highways Planning), Crown Buildings, Chester Street, Wrexham. LL13 8BG telephone: 01978 292000 Page No 89

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

There shall be no interference with any public or private right of way within, or adjacent, to the application site.

Further advice on compliance with Condition No. 7 may be obtained by contacting the Council's Environmental Protection Section on Wrexham 297041.

You are advised that this grant of planning permission was made following the completion of an Agreement under Section 106 of the Town and Country Planning Act. Before undertaking any work under this permission you are advised to obtain full details of the Agreement and ensure that you are able to comply with its terms.

Please note the attached comments from Public Protection Officers, the Highway Authority and Welsh Water. ______Page No 90

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0511 Fairfield Tavern Erddig Road Wrexham 20/04/2007

DESCRIPTION: COMMUNITY: Erection of timber pergola to rear to create CASE OFFICER: Offa covered area for drinking and dining PF

APPLICANT(S) NAME: WARD: Marstons Plc AGENT NAME: Erddig Link Design Consultants Ltd

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SITE

New housing development on old Erddig Proposed Nursing covered Home site outdoor area

PROPOSAL

As above, the use is proposed for use all year round. A replacement fence replicating the existing is also proposed. The structure is of a minimal design in a timber structure and will have a polycarbonate roof. Page No 91

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

HISTORY

None relevant.

DEVELOPMENT PLAN

Within settlement limit and the Fairy Road Conservation Area. Policies PS2, GDP1(a) and EC7 apply.

CONSULTATIONS

Community Council: Object on the grounds that the proposed development will have an impact upon the new residential development to the rear. Local Member: Notified 27.04.2007 Other representations: 3 neighbours notified. Site Notice: Expired 21.05.2007

SPECIAL CONSIDERATIONS

Design: The existing yard sits to the northern elevation on the side of the public house in the yard. A 1.8 metre wood panel fence that screens the yard from the street scene currently surrounds the yard. The very top of the pergola structure will be seen over the top of this fence, however I am satisfied that the structure will preserve the character of the Conservation Area. Amended plans have been submitted so that the structure meets the new Smoking legislation. This has simply brought the roof away from fence at the rear so that the covered area is not ‘substantially enclosed’.

Amenity: The yard is currently used as an informal outdoor area with chairs present. The public house is situated in a residential area with terraced houses facing the site. Construction on the residential development is well underway on the old Erddig Nursing Home site to the rear of the site. There is a dwelling within 2 metres of the yard, however the elevation facing the yard is blank, as is the elevation of the block of dwellings in the centre of the site. The yard area is small and will not accommodate such a number of patrons to create detriment to the amenity of the residential area. In any case the permission will only be granted on a temporary 12 month basis to monitor its impact on the area as a whole.

Conclusion: The scheme preserves the character of the Conservation Area or the building itself and on balance I do not foresee the scheme causing detrimental disturbance to the neighbouring properties.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The use of the building shall cease not later than 30 June 2007. The building together with any hard standing, base or slab upon which it stands shall be completely Page No 92

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 removed and the land restored to its previous condition not later than one month after that date. 2. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 3. The development shall only be carried out in accordance with the amended plan(s) received on 18 May 2007.

REASON(S)

NOTE(S) TO APPLICANT

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

You are advised that the premises must comply with the Smoke Free Premises etc (Wales) Regulations 2007 and are enforced by Wrexham County Borough Council. The applicant should contact the Chief Housing and Public Protection Officer for furtehr advice on these matters. ______Page No 93

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0520 Sefton First Avenue Llay Wrexham 23/04/2007

DESCRIPTION: COMMUNITY: Outline application for erection of 4 CASE OFFICER: Llay bedroomed detached dwelling with double MP garage

WARD: APPLICANT(S) NAME: AGENT NAME: Llay Mr Lee Warburton Mr Lee Warburton

Application site

______

PROPOSAL

As above

HISTORY

No relevant history.

DEVELOPMENT PLAN

Within the settlement limit. Policies H2 and GDP1 apply. Page No 94

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 CONSULTATIONS

Community Council: Notified 24.4.07 Local Members: Notified 24.4.07 Highways: Recommend conditions requiring adequate access provision, parking provision and visibility splays. Public Protection: Notified 24.4.07 Welsh Water: Recommend conditions regarding drainage provision. Other representations: 1 letter received expressing the following concerns: - dividing the plot up and building another substantial house can only detract from the neighbourhood and place further demands on local amenities; - the development will reduce sunlight to the garden and dwelling to the rear; - the development risks damaging an important tree adjacent to the site. Site Notice: Expired 23.5.07

SPECIAL CONSIDERATIONS

Policy: The site is large enough to accommodate a dwelling and provide adequate parking, access and private amenity space. The orientation of the property to the rear relative to the application site means that the site can be developed without unacceptably impact upon the amenity of the existing occupiers.

Trees: There are two prominent trees on the eastern boundary of the site however I am satisfied it can be developed without adversely impacting upon them. Care will however need to be taken at reserved matters stage to ensure any built development is sited to take account of the trees.

Conclusion: The proposal is acceptable and in accordance with policy.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 4. The reserved matters shall make provision for a vehicular access 3.0 metres wide and with pedestrian visibility splays of 2.4 metres x 3.3 metres in both directions measured from teh back of the footway in which there are no obstructions in excess of 0.6m in height.

REASON(S)

NOTE(S) TO APPLICANT

The access will require the construction of a dropped kerb crossing outside of the property, including the strengthening of the footway at the point of access. Formal consent will be required for these works from the Highways Authority under Section 184 of the Highways Act 1980. ______Page No 96

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0539 Rehoboth Chapel High Street Coedpoeth 26/04/2007 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Coedpoeth Erection of 11 No. flats and construction of SJG new vehicular and pedestrian access

WARD: APPLICANT(S) NAME: AGENT NAME: Coedpoeth Eric Roberts (Builders) Ltd Garston Partnership - Chartered Architects

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THE SITE

The site is located on the north east side of High Street, Coedpoeth, about halfway between Heol Caradoc and Greenfield Road.

PROPOSAL

Erection of a 2 and 3 storey building comprising 11 two bedroom flats and formation of vehicular access. NB the chapel has been demolished under the previous permission. Page No 97

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 RELEVANT HISTORY

P/2005/0247 Demolition of chapel and erection of a two storey building comprising 8 two bedroom flats and new access Granted 5/9/2005 P/2006/1228 12 flats Refused 19/1/2007 following committee site visit.

DEVELOPMENT PLAN

Within the settlement limits. Policies PS1 PS2 H2 T8 CLF5 GDP2 and GDP1 of UDP are relevant, together with LPGN 10, 16, 21, 22 and 27.

CONSULTATIONS

Coedpoeth C Council: Consulted 30.04.2007 Local Members: Consulted 30.04.2007 Highways: Recommend conditions and a legal agreement Public Protection: Comments regarding noise and construction works Education: No schools contribution required Welsh Water: Recommend conditions Site Notice: Expired 23/5/2007 Press advert: Expired 25/5/2007 Other representations: Adjoining occupiers notified 1/5/2007 3 objections received on grounds of: a. The three storey structure would detract from the amenities of adjoining family dwellings and be out of character with the locality b. Loss of trees will reduce privacy c. Concerns over previous scheme will be exacerbated by the 3 additional units d. Drainage problems in the area will be exacerbated e. The additional traffic using the access will cause safety issues for pedestrians and vehicles on the busy main road f. The boundary wall should be retained or a suitable boundary erected in its place g. Comments regarding removal of graves Page No 98

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

SPECIAL CONSIDERATIONS/ ISSUES

Changes to previous approval and refused scheme: Chapel Approved Refused Proposed Bedrooms - 8 12 11 Ridge Height: 15.6 8.4 m 11.8 metres 12.5m/9m Parking spaces: 0 17 24 22 Ground floor area: 336m2 216m2 310m2 290m2 Set back from carriageway: 4-6m 8.5m 7.5m 5.5 Distance from rear boundary: 8 to 10m 3 to 4 m 0.5 to 2m 5.5 to 6.5m Distance from side boundary: min 2 metres min 3 metres min 2 metres min 2.5 m Bin stores: 0 1 2 2/3 Cycle stores: 0 0 0 1

Policy: There is no objection in principle to the redevelopment of the site for residential. The chapel was a significant building in the local area, but was not listed and was demolished. The site contained a graveyard, and I understand that all the burials have now been removed and re-interred. These legal requirements are outside the planning legislation.

Design: No objections are raised to the design in itself, as it has evolved through many discussions and previous applications. The re-use of materials is proposed where possible. The building will have a more dominant impact on the street scene than the approved scheme given the extra height. The Ruthin road elevation has been amended to include a three storey glazed feature to reflect the former building. A two storey hipped roof section is proposed on the rear (northern) side.

Site Layout/ Impact on residential amenity: The revised scheme addresses the issues of concern in the refused scheme in terms of site coverage, layout and impact on dwellings to the rear (north).

Sustainable Development: A sustainability statement, detailing how the scheme would comply with LPGN22 accompanies the application. Given the re-use of materials and the previous approval for 8 dwellings, it is considered that the requirements of the guidance note have been met.

Schools Contributions: Local schools have spare capacity and no contribution is sought in this case.

Public open space: The development is now over the threshold of policy CLF5. The guidance contained in LPGN10 to developments of 10-20 dwellings in areas already well-served by accessible open space, and in such cases a contribution towards the upgrading of existing facilities may be sought by a section 106 agreement. The Coedpoeth Open Spaces survey has identified the play areas and open spaces in the village, and there is a deficiency in equipped play areas. Several are in need of investment. Page No 99

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 Highway safety: The proposed development site is situated on the A525 High Street which is a very busy classified road subject to a 30mph speed limit along this section of road.

The scheme addresses the concerns in the previous application by the reduction in number of units, improved layout and visibility details. In addition there have been changes in the visibility standards themselves through the revised version of TAN18 published recently would require any proposed access serving the development site to provide visibility splays of 2.4m x 56m in both directions measured to the nearside edge of the adjoining highway in which there shall be no obstruction in excess of 1.0m in height.

Parking at the proposed development site appears adequate and shall comply with the requirements of LPGN 16. Suitable turning facilities shall be provided within the curtilage of the site.

There are plans to improve pedestrian crossing facilities along this section of the High Street in the form of a Toucan crossing subject to the availability of sufficient funds. It is understood that the developer is willing to make a financial contribution for these works however I do not believe this is essential to the approval of this scheme and thus does not need to be part of the section 106 agreement and if the developer is prepared to make such a contribution he should do it outside the planning process.

Drainage: Welsh Water advises that sewer improvements have been completed. They request details of the drainage arrangements.

Conclusion: The revised scheme is considered acceptable and resolves the two previous reasons for refusal.

RECOMMENDATION A

That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990, requiring: b. A commuted sum based on Local Planning Guidance Note 10 for contribution towards provision and improvement of play area provision in the community

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

RECOMMENDATION B

That planning permission be granted on completion of the obligation, subject to the following conditions:

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. Page No 100

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. 3. Prior to their use on the development, samples of all external facing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). 5. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes. 6. No development shall commence until the developer has submitted a scheme for the comprehensive and integrated drainage of the site to the local planning authority and received approval in writing from the Local Planning Authority. The scheme shall demonstrate how foul water, surface water and land drainage will be dealt with satisfactorily and that no surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) to the public drainage system. 7. Details of floor and ground levels shall be submitted to the Local Planning Authority before any part of the development is commenced and the development shall only be carried out in strict conformity with such details as are thereby approved. 8. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 9. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 9. The works shall be carried out within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 10. All trees, shrubs and hedge plants supplied shall comply with the requirements of the current BS 3936 Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirement of the current BS 4428 Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree planting shall be in accordance with section 13 of BS 5837 Trees in Relation to Construction Recommendations (2005). 11. Before development commences, further details of the elevations to confirm the precise design of the bays and bay windows shall be submitted and approved in writing by the local planning authority. The details approved shall be fully implemented as part of the scheme. 12. The highway boundary wall shall be set back to the position shown on the approved plans before any dwellings are first occupied, and the wall shall be built of natural stone, and shall include modified railings as salvaged from the existing highway boundary wall. No part of the boundary wall shall exceed 1 metre in height. Page No 101

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 13. Details of a notice board/ plaque related to the former graveyard shall be submitted to and approved by the Local Planning Authority The noticeboard/plaque as approved shall be erected at the site within a time period to be specified as part of the submission, and thereafter the board/plaque shall be fully maintained at the site. 14. Prior to the commencement of development, a programme of sustainable works shall be submitted for the written approval of the Local Planning Authority. The approved programme shall be implemented in accordance with a timescale to be agreed with the Local Planning Authority. 15. The proposed access shall have a visibility splay of 2.4m x 56m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction. 16. The proposed access shall conform to the following requirements: a. It shall be 4.5 metres wide for its full length. b. Footways at the access shall extend 1.2 metres beyond the accessway ramp. c. Dropped crossing points with associated tactile paving shall be provided. d. Turning facilities shall be provided as shown on the approved plan.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. To ensure the proper drainage of the site and to minimise the risk of pollution. 7. To ensure that the development fully complies with the appropriate policies and standards. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To 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 amenity and highway safety. 13. To ensure that the historic interest of the former use of the site is preserved at the site. 14. To ensure the development is carried out in a sustainable manner. 15. To ensure that adequate visibility is provided at the proposed point of access to the highway. Page No 102

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 16. In the interests of highway safety.

NOTE(S) TO APPLICANT

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4, 5 and 10 on the enclosed "Applicants' Rights and General Information".

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

The accuracy of the detail plans and drawings forming part of the application documents hereby granted shall remain the responsibility of the developer.

Please note the attached comments from Welsh Water. You are advised that the re-use of land which has previously been used for burial purposes is subject to the requirements of the Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950. You are advised to seek advice on the procedures to be followed regarding the removal and re- internment of human remains, the disposal of monuments and in respect of any other consents which may be needed, prior to commencement of development.

As the development is for more than 5 no. dwellings served off a private drive we would normally expect the proposed access road to be constructed to an adoptable standard. As the proposed layout does not conform to our standard requirements the developer will be required to employ a Management Company who will be responsible for the future maintenance of the access road, footways and parking area.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0543 Alderside Station Road Overton Wrexham 26/04/2007

DESCRIPTION: COMMUNITY: Ground floor extension CASE OFFICER: Overton LG APPLICANT(S) NAME: Mr Richard Stevens WARD: AGENT NAME: Overton J H P Architects

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THE SITE

As above

Side extension and Balcony Summerhouse extension

PROPOSAL

Ground floor extension.

HISTORY

No relevant history. Page No 104

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

DEVELOPMENT PLAN

Within a settlement limit. UDP Policy GDP1 applies. LPG Note No. 20 ‘House Extensions’ is also relevant.

CONSULTATIONS

Community Council: Notified 30.04.07 Local Member: Notified 30.03.07 Other Representations: One letter received raising the following concerns 5) The projection of the summerhouse may take light from the kitchen and living room. 6) Concerned about how two windows to the side of the property that overlook a bathroom and shower room window will open.

Site Notice: Expired 23.05.07

SPECIAL CONSIDERATIONS/ISSUES

Background: The property is located at the edge of the settlement limit of Overton and surrounding to the south and east by land designated as special landscape. The proposal is for a ground floor extension to the side with a balcony area above, a summerhouse extension to the rear and to extend the existing storeroom to create a second garage and an office. The proposal also involves changing the roof of the front garage from a flat roof to a pitched roof.

Residential Amenity: The summerhouse complies with the BRE daylight tests and I do not consider it would cause any detrimental loss of amenity to the kitchen or lounge. This situation is further benefited by the gardens being south facing.

There are two sets of double patio doors to the kitchen and lounge located on the adjacent rear and east elevations of ‘Fairview’ that will look onto the summerhouse. There are no windows proposed on the western elevation so there is no loss of privacy to either of the occupiers. Although it does not meet the required 13-metre separation distance with the patio doors, the existing 1.8 metre boundary fence provides adequate screening to maintain amenity.

There are two small obscurely glazed windows proposed on the west elevation that will be directly overlooking the bathroom and shower room windows of the neighbouring property. To stop any overlooking the windows should be conditioned to not be opened below a height of 1.75 metres.

The side extension is filling a gap between the proposed second garage and the existing utility and downstairs shower room and has no impact on the surrounding properties as it is only visible when viewed from the rear garden. The proposed balcony is located above the side extension and will not be visible from the front as the original property screens it. The balcony will overlook the special landscape area Page No 105

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 to the east and as there are no dwellings located within view for over 200 metres I do not consider the balcony to cause a loss of privacy or any issues of overlooking.

Street scene: The proposed pitched roof on the front garage is the only alteration visible when viewed from the front of the property and is an improvement in terms of design and adds to the appearance of the property.

The balcony will be visible from the special landscape area and when travelling into Overton from Penley. However given that it is set back behind the original first floor of the dwelling and would only be visible when viewed from close by, I do not think that it causes any adverse visual impacts to either the special landscape area or the street scene.

Parking: The proposal involves the creation of a second garage that is directly behind and will be accessed through the existing garage at the front. There is also sufficient room to accommodate at least one other vehicle on the front drive of the property and parking facilities are in accordance with Local Planning Guidance Note 16.

Conclusion: The proposal would cause not detriment to the neighbouring properties or the surrounding special Landscape area and accords with local policy and guidance and I recommend accordingly.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

REASON(S)

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

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

APPLICATION NO: LOCATION: DATE RECEIVED: P/2007 /0557 6 The Ridgeway Marchwiel Wrexham 01/05/2007

DESCRIPTION: COMMUNITY: Erection of fence (in retrospect). CASE OFFICER: Marchwiel LB1 APPLICANT(S) NAME: Ms E Huxley WARD: AGENT NAME: Marchwiel Ms E Huxley

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SITE

2 metre high fence

PROPOSAL

As above

HISTORY

None relevant. Page No 107

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

DEVELOPMENT PLAN

Within settlement limit, GDP1, PS2 apply.

CONSULTATIONS

Community Council: Consulted 01/05/07 Local Member: Consulted 01/05/07 Other representations: One letter of objection received raising the following points:  The premises is located on the junction of The Ridgeway & Bangor Road, the visibility of traffic is highly restricted by this fencing. There is a blind spot between the shop and the junction and despite a 30mph speed limit traffic travels at higher speed.  The height of the fence is a direct violation of basic planning regulations on construction forward of the building line.  The house is visually prominent both on the main road and on the junction. The style and extent of the fencing which is about 44 metres in length gives the impression that is it either a commercial stockade or a very high crime area requiring excessive security when the contrary is true.  Many people in the village and visitors have commented on it as overpowering and out of character with the area. It will certainly have a detrimental impact on many property values.  There is also an unfinished area between this fence and the pavement, which is weeding over, the long term maintenance of this should be addressed as not to allow this to exacerbate the problem. Page No 108

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007  Also concerned that there a couple of other neighbours, also paranoid of privacy who will consider this as a green light to copy with high fences to the front of their properties. Highways: No objection Site Notice: Expired 24/05/07

SPECIAL CONSIDERATIONS

Highway Safety and Amenity: The property lies on the corner of the The Ridgeway and Bangor Road in Marchwiel, as such the corner and consequently the fence is relatively prominent when viewed from the road. However the fence replaces a conifer hedge which grew in the same location.

The hedge due to its density would have grown over the footpath and obscured visibility to a greater extent than the current fence. The fence therefore is an improvement in terms of the visibility splay to the junction. The concerns relating to cars speeding along this stretch of road and creating additional danger is not one that is covered by planning legislation, if cars are speeding it is a matter for the police to enforce the restrictions.

In this area of Marchwiel there are a variety of boundary treatments including hedges, fences and walls. The fence, being of a similar height to the hedge on the opposite corner of The Ridgeway is not out of keeping with the area and being a typical domestic panel fence does not give the impression of a commercial stockade. The panel fence will require staining a dark colour to ensure that it does not appear out of keeping with the existing situation.

Other considerations: There are no planning regulations that state construction should not be forward of the building line and in this instance the fence follows the boundary of the property, a not unique or unrealistic situation. Any planning applications on nearby sites that area submitted will be judged on their own merits, the granting of this application would not necessarily give a ‘green light’ for other householders to have similar developments.

Property values do not fall within the scope of planning legislation and these cannot be taken as a material consideration in the determination of an application. Maintenance of the land between the fence and the pavement is the responsibility of the applicant or the Highways Department depending on the exact location of the boundary, but again this falls outside of planning control.

Conclusions: The fence does not have a detrimental impact on highway safety or the visual amenities of the area and I recommend that permission is granted subject to the appropriate conditions.

RECOMMENDATION That permission be GRANTED Page No 109

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 CONDITION(S)

1. Within one month of the date of this permission the fence shall be stained in a dark brown or green colour to be agreed with the Local Authority and thereafter retained.

REASON(S)

1. In the interests of the visual amenity of the area.

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REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

LIST OF DELEGATED DECISIONS ISSUED

CHI P/2000/0213 Home Farm Chirk Castle Chirk Extension to existing car park WITHDRAWN Wrexham on 17/05/2007 MIN P/2003/0350 Land off Old Smelt Road Coedpoeth Adjustment of contours by importation of materials REFUSED Wrexham to allow improved drainage to facilitate grazing of on 21/05/2007 horse(s) LLA P/2003/1076 2 Rackery Lane Llay Wrexham Construction of further vehicular access. GRANTED LL120PB on 01/05/2007 P/2004/1199 Former site of Plas Power Colliery Listed Building Consent for the erection of wrought WITHDRAWN Southsea Wrexham LL11 5SZ iron railings to enclose compound on 08/05/2007 CHI P/2005/0878 Estate Yard and Walled Garden Listed Building Consent for conversion to B1 office GRANTED Brynkinallt Hall Brynkinallt Chirk and development of walled garden for assistive on 14/05/2007 Wrexham LL145NS living scheme WRR P/2006/1465 Butchers Market Henblas Street Listed Building consent for improvements to GRANTED entrance Wrexham LL13 8AD Henblas Street entrance on 22/05/2007 OVE P/2006/1498 Land adjacent to Parkside Off Turning Residential development comprising 4 no. two REFUSED Street Overton on Dee Wrexham LL13 bedroom dwellings with associated roads, on 04/05/2007 0HB landscaping and drainage works. LLR P/2007/0109 Land adjoining Hillcrest Yr Ochr Erection of bungalow. WITHDRAWN Froncysyllte Llangollen LL20 7RS on 17/05/2007 GRE P/2007/0175 Pant Yr Ochain Old Wrexham Road Listed building consent for kitchen services GRANTED Gresford Wrexham LL12 8TY extension, refrigerator and freezer room. on 30/04/2007 MAE P/2007/0208 Corner Farm Overton Road Penley Conversion of former agricultural building into GRANTED Wrexham LL13 0LU dwelling on 01/05/2007 RHO P/2007/0211 Del Annedd Pearson Street Two-storey gable extension GRANTED Rhosllanerchrugog Wrexham LL14 on 02/05/2007 1DE BRO P/2007/0220 Land South Of Glyn Heulog Green Outline application for erection of two bedroom WITHDRAWN Road Brymbo Wrexham detached dwelling and construction of new on 30/04/2007 vehicular and pedestrian access. GLY P/2007/0235 1 Afonwen Pontfadog Llangollen Erection of conservatory and minor extension to GRANTED LL20 7AP utility room on 15/05/2007 ESC P/2007/0249 Mill Farm House Mill Terrace Listed building consent for change of use of ground GRANTED Bersham Wrexham LL14 4LL floor restaurant to residential use involving minor on 30/04/2007 internal alterations, shared access to garden/car park. WRO P/2007/0255 Land at Ruthin Road (Phase 3) Construction of foul water pumping station. GRANTED Wrexham LL13 7TU on 26/04/2007 PEN P/2007/0257 Land adjoining Bodhyfryd Pant View Erection of detached dwelling and garage including GRANTED Penycae Wrexham LL14 2PN alteration to existing vehicular access. on 26/04/2007 WRR P/2007/0258 Unit 4 Bus Station King Street Change of use to retail food outlet (cafe). GRANTED Wrexham LL11 1LF on 26/04/2007 HOL P/2007/0270 Holly Cottage Church Street Holt Two-storey extension and detached garage GRANTED Wrexham LL139JP on 30/04/2007 Page No 111

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 WRA P/2007/0271 Asda Store Holt Road Wrexham Extension to house sheltered compactor GRANTED LL138HL on 30/04/2007 GRE P/2007/0275 Flintstones Springfield Lane Marford Single storey side extension to form improved GRANTED Wrexham LL12 8TF kitchen on 30/04/2007 GRE P/2007/0278 Gladwyn Lodge Chester Road Gresford Alterations and extensions REFUSED Wrexham LL12 8PP on 30/04/2007 PEN P/2007/0281 Land adjacent to 6 Wynnhall Terrace Outline application for erection of single dwelling WITHDRAWN Plas Bennion Pen Y Cae Wrexham and creation of new vehicular access on 30/04/2007 LL14 1TP ISY P/2007/0282 Land Off Bryn Lane Wrexham New access road for light industrial units REFUSED Industrial Estate Wrexham LL13 9UT on 01/05/2007 ERB P/2007/0284 Fern Cottage Chapel Lane Erbistock Erection of replacement dwelling (Amendment to GRANTED Wrexham LL13 ODF previous permission P/2005/0780) on 30/04/2007 LLA P/2007/0287 Nant-y-Gaer Care Home Nantygaer Extension to provide 6 No. ensuite bedrooms GRANTED Road Llay Wrexham LL12 0SL on 03/05/2007 GLY P/2007/0294 Part of O.S. Field no. 2500 Outline planning permission for residential GRANTED Llwynmawr Llangollen development - 3 no. plots (renewal of planning on 02/05/2007 permission code no. GLY P/2004/0072. WRO P/2007/0295 Chicago Rock Cafe Brook Street Removal of part of shop front and formation of WITHDRAWN Wrexham LL13 7LH smokers area. on 01/05/2007 RHO P/2007/0297 Land opposite Bryn Y Brain Cottage Outline application for residential development REFUSED Culfan Rhosllanerchrugog Wrexham on 09/05/2007 LL14 2DL BRY P/2007/0302 Land adjoining Old Police House Outline application for residential development GRANTED Railway Road Brymbo Wrexham on 04/05/2007 BRY P/2007/0304 Rose Bungalow Furnace Road Ffrwd Conversion of detached garage block to annexe GRANTED Wrexham LL12 9TP accommodation (In Retrospect) on 09/05/2007 LLA P/2007/0307 Beech Tree Cottage Nantygaer Road Outline application to erect two bedroomed REFUSED Llay Wrexham LL120SG dwelling on 04/05/2007 OVE P/2007/0315 Bryn Y Pys Home Farm Wrexham Change of use of building from agriculture to GRANTED Road Overton Wrexham LL13 0HG workshop use and installation of wc and septic tank on 01/05/2007 BRN P/2007/0318 Wrens Park Maesllwyn Lane Erection of dwelling and alteration to existing GRANTED Bronington Whitchurch SY13 3HH vehicular access on 08/05/2007 WRO P/2007/0319 Lidl 50 - 52 Salop Road Wrexham Installation of 48 page Billboard REFUSED on 30/04/2007 CEF P/2007/0329 Ashgrove Plas Y Wern Road Acrefair Demolition of existing derelict dwelling and GRANTED Wrexham LL14 6RN erection of new dwelling. on 01/05/2007 MIN P/2007/0330 The Old Tavern New Brighton Minera Two storey extension incorporating hall/stairs, GRANTED Wrexham LL11 3DT bathroom/en-suite, single storey sun lounge and on 08/05/2007 detached double garage. GWE P/2007/0333 Lidl Supermarket Old Mold Road Erection of 48 page billboard. REFUSED Gwersyllt Wrexham LL11 4AD on 30/04/2007 GWE P/2007/0338 Land adjoining Gwynfa Rhosrobin Outline application for the erection of a single GRANTED Road New Rhosrobin Wrexham LL11 dwelling on 10/05/2007 4PG Page No 112

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 OVE P/2007/0339 Mayfield Cottage Lightwood Green Erection of timber building for storage of GRANTED Overton Wrexham LL13 OHT agricultural equipment, hay and animal feeds on 11/05/2007 GWE P/2007/0340 53 Chestnut Avenue Summerhill Car port with bedroom / en-suite above and erection GRANTED Wrexham LL11 4UH of detached double garage on 01/05/2007 HOL P/2007/0343 6 Sandy Way Wrexham LL13 9GW Single storey extension to link house to existing GRANTED garage, part conversion of garage. on 30/04/2007

RHO P/2007/0344 61 Melyd Avenue Johnstown Wrexham Ground and first floor extension. GRANTED LL14 2TB on 30/04/2007 ROS P/2007/0345 Broadoak Lodge Llyndir Lane Rossett Outline application for the erection of 2 No. REFUSED Wrexham LL12 0AU detached dwellings on 14/05/2007 GRE P/2007/0347 5 Cavendish Close Gresford Wrexham Extensions to bedrooms, hall and garage GRANTED LL128ND on 14/05/2007 GRE P/2007/0350 Lloyd Morris Properties Ltd Plas Acton Replacement of existing portal framed light GRANTED Road Pandy Industrial Estate Wrexham industrial unit on 14/05/2007 LL112UD ROS P/2007/0351 Ashfield 95 Harwoods Lane Rossett Outline application for the erection of one detached REFUSED Wrexham LL12 0EU dwelling on 30/04/2007 MAE P/2007/0353 Land At Oakwood Park Penley Re-plan of plot Nos. 28-30, 33-36, 39-41, 43-45 and GRANTED Wrexham LL13 0NE 47-61D (Previously approved under Code No. on 03/05/2007 P/2003/1219) HAN P/2007/0357 Stable House Bryn Rossett Hanmer Erection of 2 No. stables, feed / tack and implement GRANTED Whitchurch SY13 3BS / hay store on 30/04/2007 PEN P/2007/0358 Bron Haul Plas Bennion Road Pen Y Outline application for the erection of 1 No. GRANTED Cae Wrexham LL14 1TP dwelling on 11/05/2007 COE P/2007/0359 13a Heol Llewelyn Coedpoeth Conservatory extension GRANTED Wrexham LL11 3PB on 14/05/2007 ROS P/2007/0360 Land to the rear of 4, 6 and 8 No 4 - Fell 1 pine and prune oak to balance crown GRANTED Stonewalls Burton Wrexham LL12 No 6 - Crown clean beech and prune to prune to on 01/05/2007 0LG rebalance crown of oak No 8 - Fell 1 lime and remove dead top from oak to leave wildlife pole BRY P/2007/0361 Land adjacent to 39 Park Road Outline application for erection of single dwelling. REFUSED Tanyfron Wrexham LL11 5SG on 17/05/2007 WRR P/2007/0362 Tyre Trend Railway Road Wrexham Canopy over existing external working area and 4 REFUSED LL11 2DL no. roof windows. on 11/05/2007 RHO P/2007/0363 63 Melyd Avenue Johnstown Wrexham Two storey extension for bedrooms, utility room GRANTED LL14 2TB and dining area. on 30/04/2007 RUA P/2007/0364 8 Shellbrook Drive Ruabon Wrexham Ground floor kitchen extension. GRANTED LL14 6BX on 30/04/2007 CEF P/2007/0365 Cefn Druids Fc Well Street Cefn Mawr Erection of toilet block extension. GRANTED Cefn Mawr, Wrexham LL14 3AS on 14/05/2007 CHI P/2007/0366 24 Walden Crescent Rhos Y Waun Erection of mast for non-operational taxi office. GRANTED Chirk, Wrexham LL14 5LH on 01/05/2007 Page No 113

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 BRY P/2007/0367 The Moors Inn Ruthin Road Construction of new entrance porch. GRANTED Bwlchgwyn Wrexham LL11 5YL on 02/05/2007 WRC P/2007/0376 12 Broom Grove Wrexham LL13 Operation of 2 No. private hire vehicles (for school REFUSED 9DL contracts and airport transfers) on 16/05/2007 GRE P/2007/0377 Simon Boyd Ltd Gresford Industrial Extension to existing steel framed factory building GRANTED Estate Gresford Wrexham LL12 8LX (Renewal of planning application Code No. on 16/05/2007 P/2002/1044) ROS P/2007/0380 Wellfield House Darland Lane Rossett Dormer extension to front and rear. GRANTED Wrexham LL12 0BB on 30/04/2007 ISY P/2007/0381 Isycoed Farm Isycoed Ridleywood Erection of conservatory, demolition and rebuilding GRANTED Wrexham LL13 9US of north east elevation and raising of eaves. on 17/05/2007 LGC P/2007/0383 1 Orley House Garth Road Glyn Two storey extension. GRANTED Ceiriog Llangollen on 30/04/2007 SES P/2007/0384 Marlbrook Pickhill Lane Cross Lanes Erection of agricultural building for storage of GRANTED Wrexham LL13 0UE tractors, farm machinery, hay and straw. on 21/05/2007 CEI P/2007/0385 Hafod Adams Tregeiriog Llangollen Change of use of redundant agricultural buildings to GRANTED LL20 7LB 2 no. live/work units on 18/05/2007 ISY P/2007/0386 Unit 235A Elm Road Redwither Operation of chauffeur business HQ. GRANTED Business Park Wrexham LL13 9UE on 08/05/2007 HOL P/2007/0387 Plot 2 Laurel Grove Farm Isycoed Double garage and store. GRANTED Wrexham LL13 9US on 11/05/2007 WRC P/2007/0390 75 Hullah Lane Wrexham LL13 9AS Demolition of existing dwelling and garage and WITHDRAWN erection of 2 No. detached dwellings and 6 No. flats on 30/04/2007 WRO P/2007/0391 67 Ruabon Road Wrexham LL13 7PL Demolition of existing garage GRANTED on 04/05/2007 WRO P/2007/0392 67 Ruabon Road Wrexham LL13 7PL Erection of new detached garage with alterations GRANTED and kitchen extension to existing property on 04/05/2007 WRO P/2007/0393 Plas Gororau Ellice Way Wrexham Display of signs GRANTED Techology Park Wrexham LL13 7YY on 15/05/2007 BRY P/2007/0397 44 Cefn Road Bwlchgwyn Wrexham Siting of 2 new cattery units. GRANTED LL11 5YE on 15/05/2007 CEF P/2007/0398 33 Well Street Cefn Mawr Wrexham Renovation works including conversion of first, GRANTED LL14 3AE second and attic into 2 no. flats. on 11/05/2007 WRC P/2007/0399 27 Kempton Way Wrexham LL13 Rear & side extension and erection of boundary GRANTED 0NU wall. on 17/05/2007 GWE P/2007/0401 5 Fairway Gardens Gwersyllt Kitchen extension. GRANTED Wrexham LL11 4XB on 08/05/2007 BRN P/2007/0403 Strift View 8 Highfields Iscoyd Replacement porch extension. GRANTED Whitchurch SY13 3HH on 01/05/2007 RUA P/2007/0404 Land Adjacent To Vicarage Farm Park Outline application for residential development and REFUSED Street Ruabon Wrexham LL14 6LF construction of new vehicular and pedestrian access. on 03/05/2007 Page No 114

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 GRE P/2007/0405 Turnpike Croft Pant Lane Gresford Outline application for residential development (1 GRANTED Wrexham LL12 8SG no. dwelling) and construction of new vehicular and on 01/05/2007 pedestrian access. WRO P/2007/0406 13 Green Park Erddig Road Wrexham New porch & apex roof, brickwork over garage & GRANTED LL13 7YE veranda to rear. on 18/05/2007 GWE P/2007/0407 Ty Newydd Mold Road Gwersyllt Substitution of house type. GRANTED Wrexham LL11 4AQ on 18/05/2007 GWE P/2007/0408 8 High Street Gwersyllt Wrexham Replacement boundary wall (in retrospect). GRANTED LL11 4UA on 14/05/2007 LLR P/2007/0409 Timber Yard Llangollen Road Trevor Outline application for residential development. GRANTED Llangollen LL20 7TB on 15/05/2007 WRR P/2007/0410 Builder Center Cambrian Works Use of site as builders merchants warehouse, yards GRANTED Station Approach Wrexham LL11 with counter sales and offices etc on 24/05/2007 2NY RHO P/2007/0411 Land at Junction of Offa Place/Maelor Erection of six dwellings. (Substitution of house GRANTED Road Johnstown Wrexham LL14 1ND type). on 30/04/2007 WRA P/2007/0412 5 Ffordd Owain Wrexham LL12 8JL First floor bedroom extension over garage. GRANTED on 21/05/2007 BAN P/2007/0413 13 Friars Court Bangor Isycoed Two storey extension. GRANTED Wrexham LL13 0AT on 04/05/2007 LLA P/2007/0417 Amy Louise Hair Salon Pentre Street Conversion of salon into 2 bedroomed dwelling REFUSED Llay Wrexham LL12 0NF together with 2 no. parking spaces. on 23/05/2007 COE P/2007/0420 1 Clos Llywelyn Coedpoeth Wrexham Conservatory extension GRANTED LL11 3PD on 08/05/2007 BRY P/2007/0421 25 Penygraig Road Brymbo Wrexham Construction of new vehicular access and hard- REFUSED LL11 5AD standing on 21/05/2007 GWE P/2007/0422 6 Top Farm Road Rhosrobin Wrexham Conservatory extension GRANTED LL11 2EZ on 15/05/2007 BAN P/2007/0423 Maes Y Groes Overton Road Bangor Alterations and extensions GRANTED Isycoed Wrexham LL13 0DA on 21/05/2007 ROS P/2007/0426 Newhaven Cottage & Garage Chester Removal of garage and outline application for GRANTED Road Rossett Wrexham LL12 0DG residential development on 17/05/2007 MIN P/2007/0428 Plas Tirion Bryn Madoc Road Rear extension and first floor bedroom/extension GRANTED Gwynfryn Wrexham LL11 5TR over existing garage on 04/05/2007 ISY P/2007/0430 Land adjacent to Plum Tree Farm Amendments to house type previously granted GRANTED Bowling Bank Isycoed Wrexham under Planning Permission code no. ISY 6/21489. on 21/05/2007 LL13 9RN WRA P/2007/0431 42 Denbigh Close Borras Wrexham Rear lounge extension GRANTED LL12 7TW on 18/05/2007 BAN P/2007/0434 Land at Millbrook Lane Bangor-on- Outline application for the erection of dwelling and REFUSED Dee Wrexham construction of new vehicular access on 11/05/2007 MIN P/2007/0437 Land adjoining 6 Shepherds Bush Pen Erection of dwelling WITHDRAWN Y Palmant Road Minera Wrexham on 10/05/2007 LL11 3YP Page No 115

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007 PEN P/2007/0438 Belvedere Cristionydd Pen Y Cae Outline application for refurbishment of existing GRANTED Wrexham LL14 2RS bungalow, demolition of redundant buildings and on 15/05/2007 erection of 4 dwellings LLA P/2007/0439 Bryn Alyn Farm Barn Pont Y Capel Change of use of existing barn to form 3 residential REFUSED Lane Llay Wrexham LL128RY units including minor demolition and reconstruction on 14/05/2007 works and erection of 3 No. double garages WRR P/2007/0441 15 - 17 Grosvenor Road Wrexham 1. Sycamore - Crown Reduce and thin by 20% max GRANTED LL11 1BW 2. Lombardy Poplar (x2) - Remove Top 10ft on 14/05/2007 WRA P/2007/0447 5 Goulbourne Avenue Wrexham Extension to porch GRANTED LL13 9HQ on 15/05/2007 CHI P/2007/0449 9 The Parklands Shepherds Lane Chirk Erection of ground floor games room REFUSED Wrexham LL14 5PN on 24/05/2007 WRC P/2007/0450 2 Clwyd Wen Wrexham LL13 8PP Two-storey rear extension GRANTED on 15/05/2007 PEN P/2007/0452 Lisa Afoneitha Road Pen Y Cae Single-storey gable conservtory extension GRANTED Wrexham LL14 2PF on 15/05/2007 CEF P/2007/0454 The Plough Park Road Rhosymedre 1. Pitched roof structure to form designated GRANTED Wrexham LL14 3EF smoking area 2. Extension to existing flat roof to on 15/05/2007 form designated smoking area Building or other operations :- Public House Change of Use :- ROS P/2007/0456 Hill View Cottage Burton Rossett Two-storey extension to side and rear to form WITHDRAWN Wrexham LL12 0AW garage, bedroom and kitchen on 22/05/2007 WRO P/2007/0457 28 Ffordd Mailyn Wrexham LL13 Dining room and utility room extensions GRANTED 7JB on 17/05/2007 BRO P/2007/0462 Television Mast Clayton Road Pentre Installation of telecommunications equipment. WITHDRAWN Broughton Wrexham LL11 6BL on 15/05/2007 WRO P/2007/0465 10 Bennions Road Wrexham LL13 Two storey extension to rear. GRANTED 7AW on 15/05/2007 LLA P/2007/0466 16 Treweryn Close Llay Wrexham Bedroom and en-suite extension. GRANTED LL12 0RP on 16/05/2007 HOL P/2007/0467 11 Cherry Orchard Holt Wrexham Kitchen extension. GRANTED LL13 9AH on 21/05/2007 WRA P/2007/0469 12 Gredington Close Wrexham LL13 Kitchen extension and sun room. GRANTED 9DQ on 17/05/2007 ROS P/2007/0472 15 Darland Lane Rossett Wrexham Ground floor rear extension GRANTED LL12 0EL on 15/05/2007 WRC P/2007/0473 Car park Tesco Stores Crescent Road Relocation of a hand car valeting operation GRANTED Wrexham LL13 8HF including the siting of a cabin to house full on 15/05/2007 recycling system and canopy. WRC P/2007/0478 The Foundry 15 Yorke Street Display of rear shop sign and advertising board GRANTED Wrexham LL13 8LW on 11/05/2007 WRR P/2007/0484 27 East Avenue Rhosddu Wrexham Parking and operation of 1 no. private hire vehicle GRANTED LL11 2EG for school and airport transfers. on 18/05/2007 Page No 116

REPORT OF THE CHIEF PLANNING OFFICER – 4 June 2007

WRR P/2007/0485 11 Ffordd Mon Rhosddu Wrexham Two storey front extension. REFUSED LL11 2LL on 24/05/2007 GLY P/2007/0487 2 Wernfadog Pontfadog Wrexham Side extension to dwelling. GRANTED LL20 7AN on 14/05/2007 BRO P/2007/0490 Eagles Inn Francis Road Moss Outline application for erection of three bedroomed WITHDRAWN Wrexham LL11 6EB dwelling with parking for 2 cars. on 21/05/2007 WRC P/2007/0492 Tesco Stores Crescent Road Wrexham Replacement of existing recycling units with a GRANTED LL13 8HF single TOMRA recycling unit on 17/05/2007 WRR P/2007/0495 14 Ffordd Gwynedd Wrexham LL11 Erection of conservatory GRANTED 2TF on 17/05/2007 ROS P/2007/0501 Land to the rear of Kingsley House Construction of 3 no. detached dwellings with GRANTED Chester Road Lavister Wrexham LL12 integral garages and construction of new vehicular on 24/05/2007 0DN and pedestrian access. RHO P/2007/0503 Weirglodd 14 Brynglas Parking and operation of 1 no. private hire vehicle GRANTED Rhosllanerchrugog Wrexham LL14 (pre-booked or contract taxis only) on 24/05/2007 2EB GRE P/2007/0505 31 Bodwyn Park Gresford Wrexham Crown reduce 1 no. beech by up to 10% (WMBC GRANTED LL12 8NW 49). on 21/05/2007 MIN P/2007/0507 Plot adj to Bryn Cliffe Old Road Outline application for residential development and GRANTED Bwlchgwyn Wrexham LL11 5UF alteration to existing vehicular and pedestrian on 24/05/2007 access (renewal of Planning permission granted under code no. P/2004/0205) WRR P/2007/0521 30 Osborne Road Wrexham LL11 Single-storey extension GRANTED 2EY on 24/05/2007 WRC P/2007/0526 Tesco Stores Crescent Road Wrexham Erection of updated information signage and GRANTED LL13 8HF building signs. on 24/05/2007 ESC P/2007/0541 12 Wilkinson Drive Bersham Wrexham Removal of lower lateral limb on Oak Tree and GRANTED LL14 4FD reduction of limb above by 50% (Tree Preservation on 21/05/2007 Order No. 172)