Item 4
REPORT TO: Planning Committee
REPORT NO. HEP/15/17
th DATE: 6 March 2017
REPORTING OFFICER: Head of Environment and Planning
CONTACT OFFICER: David Williams (Ext 8775)
SUBJECT: Development Control Applications
WARD: N/A
PURPOSE OF THE REPORT
To determine the listed planning applications.
INFORMATION
Detailed reports on each application together with the recommendations are attached.
RECOMMENDATION
See attached reports.
BACKGROUND PAPERS
None.
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Community Code No Applicant Recommendation Pages
RHO P/2015 /0770 MR WILLIAM LUKE BITHELL GRANT 16 – 19
GWE P/2016 /0189 WELSH TOWN PLANNING AND REFUSE 20 – 40 HOUSING TRUST AND CONTIGUOUS LANDOWNER
CEF P/2016 /0505 PROSPECT ESTATES LTD GRANT 41 – 52 MR R COOKE SES P/2016 /0953 ROBINWOOD ACTIVITY CENTRE GRANT 53 – 63 LTD ESC P/2016 /0968 MR ROBERT THATCHER GRANT 64 – 66
CEF P/2016 /0992 MR & MRS DUDLEY REFUSE 67 – 72
LLR P/2016 /1012 MR PAUL BIGNELL REFUSE 73 – 77
GRE P/2016 /1032 BRESFORD ADAMS GRANT 78 – 82 COMMERCIAL MR J RICE-JONES CEF P/2016 /1127 BAYNON PROPERTY SERVICES REFUSE 83 – 86 MR DAVID METCALFE
CEF P/2016 /1128 BAYNON PROPERTY SERVICES REFUSE 87 – 90 MR DAVID METCALFE
ISY P/2016 /1145 J R WEBSTERS AND CO LTD GRANT 91 – 95
WRR P/2016 /1146 UNISTAY (WALNUT TREE) LTD GRANT 96 – 100 MR PETER BYRON MIN P/2017 /0038 W D STANT LTD GRANT 101 – 108 MR JOHN HAUGHTON
RHO P/2017 /0045 MR LIAM JONES GRANT 109 – 112
WRO P/2017 /0046 MR AJITH KARTHA GRANT 113 – 116
OVE P/2017 /0050 SDG TRAINING LTD GRANT 117 – 119 MR D GRIFFITHS
ROS P/2017 /0057 MR & MRS E & V FRULLONI & GRANT 120 – 127 PIERMARINI
CEF P/2017 /0062 BENNETT VERBY GRANT 128 – 131 MR KEVIN MCCAY
HOL P/2017 /0086 MR ADRIAN GREEN REFUSE 132 – 134
Total Number of Applications Included in Report – 19
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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.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2015 /0770 UNIT 8 2 COPPI INDUSTRIAL 12/10/2015 ESTATE HALL LANE RHOSLLANNERCHRUGOG COMMUNITY: WREXHAM CASE OFFICER: Rhos LL14 1TG PF
DESCRIPTION: WARD: CHANGE OF USE OF PREVIOUS AGENT NAME: Ponciau INDUSTRIAL UNIT TO GYM AND MR WILLIAM LUKE FITNESS STUDIO (USE CLASS D2) BITHELL (IN RETROSPECT)
APPLICANT(S) NAME: MR WILLIAM LUKE BITHELL
______
THE SITE
SITE
PROPOSAL
Planning permission is sought in retrospect for the change of use of a former industrial unit (B1/B8) to a gym and fitness studio (D2).
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HISTORY
CB00853 Extensions to rear of existing workshops. Granted 04.02.1997 CB01868 Extension to industrial unit. Granted 06.04.1998 P/2006/0116 Construction of new vehicular access and alteration to existing access. Granted 27.03.2006
DEVELOPMENT PLAN
The site is located within a defined settlement limit. Policies PS2, GDP1 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards.
CONSULTATIONS
Community Council: - Concerns were raised regarding parking on Hall Lane. Members were in support of the premises and usage but issues relating to identified parking are required. - There is a side gate, which upon approach of the applicant has been closed for a period of time and this made a difference but has since re-opened escalating the issue. - There is sufficient parking on the Coppi Industrial Estate, therefore there is a requirement for identified parking areas to be used. Hall Lane leads to an industrial area and has many large vehicles and agricultural vehicles, there is also a school in the direct vicinity. Local Members: Notified 16.10.2015 Site notice: Expired 14.12.2015 Highways: No recommendations. Public Protection: Recommends noise/amplified music control condition. Neighbouring occupiers: Four neighbouring occupiers notified.
SPECIAL CONSIDERATIONS:
Amenity: The proposal to change the use of the building from an industrial use to an assembly and leisure use is acceptable in principle. The site is an established industrial estate; however there are no policy objections to the loss of industrial provision in this locality. The main issue to consider is the impact of the development upon the amenity of the neighbouring occupiers by way of noise and highway safety.
Public Protection have not objected to the proposed development but have recommended a condition to control potential noise disturbance from amplified music given the nature of activities in such a use class. The nearest noise
Page 17 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 sensitive properties are located some 35 metres to the north of the site along Hall Street. I consider that this condition is reasonable and would allow for noise attenuation measures to be employed if such a nuisance were deemed evident.
Highways: I am aware of concerns raised by the Community Council regarding the presence of parked vehicles along Hall Street in the vicinity of the boundary of the application site. Photographic evidence has been provided showing parked vehicles in the evening time.
There are no Traffic Regulation Orders in situ in this location to prevent motorists parking vehicles on the highway and I have no evidence to suggest that those vehicles are solely using to the proposed development. There are residential properties fronting on to Hall Street which may contribute to the parked vehicles.
However, I have raised this matter with the applicant and it has been acknowledged. Measures have been employed to attempt to reduce the reliance on vehicles parking on the highway. There is off street parking provision associated with the building, and given the relatively small area of the entire building assigned for the proposed use and the likely times of the day where there would be a peak demand for the use I am satisfied that the site can adequately cater for off road parking provision in accordance with LPG16.
Any temptation for customers to park on the adjoining highway (albeit legal) is as a result of a pedestrian gateway which leads from the site on to Hall Street. The applicant has confirmed that when this gate is closed, there appears to be a marked reduction in on street parking, which would appear to correlate with the Community Council’s comments. I would not wish to insist that this gate be closed at all times as it would preclude access to the rest of the site by pedestrians without the need to walk a further distance.
Given that highways have not objected to the proposal and that there are no parking restrictions in this location I do not consider that there are sufficient grounds to refuse planning permission in this instance. However, I intend to impose a planning condition requiring the submission of a parking and pedestrian management plan for further approval. I would anticipate that this plan could include but not be limited to measures to encourage customers to utilise the off street parking provision through notices within the building, advice when joining the facility and the use of social media to promote the off street parking provision. It would also aim to ensure that the gate is closed at times when the adjoining commercial uses are not in operation. I consider that these methods would allow for the users of the site to be made aware of the potential problems associated with on road parking.
Conclusion: With the introduction of measures to promote the existence of off street parking facilities and measures to prevent pedestrian access from Hall Street at peak times I consider the development can be considered acceptable. This is reflected in my recommendation.
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RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. Within one month of the date of this permission a parking and pedestrian management plan to the shall be submitted to and approved in writing by the local planning authority. The measures as approved as part of this plan shall be implemented in accordance with a timescale to be approved as part of the scheme and maintained thereafter. 2. The A-weighted equivalent continuous noise level (LAeq) emanating from the site, as measured 1 metre from any facade of any noise sensitive premises over any 5 minute period with amplified music taking place shall not increase by more than 3dB when compared to a similar measurement, from the same position, and over a comparable period, with no amplified music taking place. The unweighted equivalent noise level (Leq) in the 63Hz Octave band, measured using the 'fast' time constant, inside any living room of any noise sensitive premises, with the windows open or closed, over any 5 minute period with amplified music taking place, shall show no increase when compared to a similar measurement, from the same location(s), and over a comparable period, with no amplified music taking place. No sound emanating from the establishment shall be audible within any noise sensitive premises between 23.00 and 07.00 hours.
REASON(S)
1. In the interests of highway safety. 2. To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
The applicant should seek advice from a suitably qualified and competent acoustic consultant with regard to achieving the requirements of condition no. 2. ______
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0189 LAND EAST OF TAN Y BONT MAIN 19/02/2016 ROAD RHOSROBIN WREXHAM LL11 4RL COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: MP OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (UP WARD: TO 189 DWELLINGS) WITH ALL AGENT NAME: Gwersyllt East & South MATTERS RESERVED EXCEPT FOR CASSIDY AND ASHTON ACCESS
APPLICANT(S) NAME: WELSH TOWN PLANNING AND HOUSING TRUST AND
______
THE SITE
Green Barrier
Application site
Development area
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PROPOSAL
As above. Approval for the main site accesses is sought at outline planning permission stage. Layout, appearance, scale and landscaping are reserved for subsequent approval.
HISTORY
6/16216 Residential development, children’s play area and construction of new vehicular and pedestrian access. Refused 6.3.89 P/2014/0876 Outline application for a maximum of 338 dwellings and approval of two new vehicular and pedestrian accesses. Refused 5.10.15
NATIONAL PLANNING POLICY
Planning Policy Wales, in particular:
Chapter 4: Planning for Sustainability Chapter 6: The Historic Environment Chapter 8: Transport Chapter 9: Housing
Guidance in the following Technical Advice Notes (TAN) is also relevant:
TAN1: Joint Housing Land Availability Studies TAN5: Nature Conservation and Planning TAN11: Noise TAN12: Design
DEVELOPMENT PLAN
Outside of settlement limit, within Green Barrier. Policies PS1, PS2, GDP1, GDP2, EC1, EC2, EC4, EC6, EC11, H5, CLF5, CLF7, T8 and MW9 apply.
CONSULTATIONS
Gwersyllt CC: Object for the following reasons: - the site in question is outside the settlement limit - the site forms part of the green barrier and the proposal is contrary to a number of existing planning policies which have been put in place to protect belts of open countryside and to safeguard the character of villages - the Council considers that little regard (if any) has been paid to the Wales Spatial Plan in bringing the application forward for discussion by the Planning Committee. It is particularly concerned
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that the community of Gwersyllt is becoming a regular target for new development at a time when the preparation process for the Wrexham Local Development Plan 2 for 2013- 2028 has yet to be completed. This is putting the community under great pressure and is, in the Council's opinion, contrary to the spirit of the Wales Spatial Plan which promotes the building of sustainable communities whilst retaining their character and distinctiveness. - furthermore, the Council considers that there are strong reasons to refuse planning permission in this case on grounds of prematurity particularly having regard to the following: • the development plan is still in preparation and has yet to be adopted or approved • the submitted development proposals are so substantial that any decisions need to be taken in the context of an approved development plan • the proposals would have a significant impact on the nearby settlements Rhosddu CC: Notified 3.3.16 Councillor David Griffiths: Notified 26.2.16 Councillor Bernie McCann: Notified 26.2.16 Councillor Andy Williams: Notified 3.3.16 Councillor I David Bithell: Notified 3.3.16 Public Protection: Have made the following comments: - There is the possibility of made ground on the development site due to potential infilling of a pond. Conditions recommended to ensure any potential contamination issues are adequately addressed - Conditions/notes recommended in respect of construction impacts; - The noise report does not give predicted noise levels for outdoor areas (gardens, patios) which is a matter of concern. - Plot specific recommendations should be required once the final site layout has been determined. Calculations should be provided to demonstrate the effectiveness of the proposed noise mitigation measures to achieve WHO
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recommended levels of indoor living rooms, bedrooms and outdoor amenity areas. Parks, Countryside, RoW: Consulted 26.2.16 Flood Management Officer: The indicative scheme design does demonstrate that SuDS techniques can be incorporated into the scheme to fully manage surface waters generated by the development. No information is included with regards to future maintenance or management of this scheme. Recommend a condition requiring the submission, approval and implementation of a sustainable drainage scheme. Highways: Have made the following comments: - The development itself only increases traffic around the Stansty Road/Prices Lane junction by approximately 2%. Welsh Government guidelines provides advice that a 5% increase in traffic using any junction as being material; - Traffic flow at the Plas Acton Road/B5425 Llay Road junction will be improved with a traffic signal controlled junction. - It is difficult to justify refusal on highways grounds; - Conditions recommended in the event of permission being granted. Education: Consulted 3.3.16 Wales and West Utilities: Consulted 26.2.16 Dee Valley Water: Consulted 26.2.16 Welsh Government (Trunk Roads): Directs that permission be withheld until further notice while additional information is sought in respect of the proposed noise barrier along the boundary of the development with the A483. Welsh Government (Land Use Planning): Provided the following advice on the previous application: - The Agricultural Land Classification Report submitted has not been completed in accordance with the Revised Guidelines and Criteria for Grading the Quality of Agricultural Land (MAFF 1988); therefore the Welsh Government do not consider the report or its findings to be valid.
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- The whole of the current site and an area to the north west was surveyed in detail by the Welsh Office in 1993. This shows the current site to be predominantly ALC Subgrade 3a (approximately 11.83 hectares) with an area of Subgrade 3b (approximately 3.96 hectares) in the centre. Welsh Water: Recommend planning conditions, including a Grampian condition to protect the public sewer assets by ensuring that a Hydraulic Modelling Assessment any re-enforcement work is undertaken prior to occupation. Natural Resources Wales: Flood Risk - The updated flood map for surface water suggests that there are areas of the site that could be subject to surface water flooding. These areas have been highlighted in the Applicant’s Flood Consequences Assessment (FCA) (Tier Environmental Limited, T/14/1400/FCA, 12 January 2016). We note that the “indicative site layout plan” shows that there will be no built development in these potential risk areas, and this is to be welcomed. Management of surface water runoff - The FCA proposes to direct surface water runoff from the developed site using infiltration techniques. The Applicant, and the FCA, have failed to submit supporting data (e.g. results of onsite soakaway tests) to prove that such techniques are viable across the developable areas of the site. As there are no watercourses on, or in vicinity of, the site to dispose of surface water, and since Welsh Water have not provided confirmation that surface water could be directed to the public sewer network, then there is a risk that a viable means of surface water disposal could not be achieved at this site. It is our recommendation that this issue be resolved, in conjunction with your drainage department, PRIOR to the grant of any planning approvals. Foul drainage - Dwr Cymru/Welsh Water should be consulted on the proposals and be
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requested to confirm that the sewerage and sewage disposal system serving the development has sufficient capacity to accommodate the additional flows generated as a result of the development. Protected Species Bats - The report identifies that there are several trees on site with the potential to support bats. - Should bats be found to be using the trees as roosting sites then we would expect you to propose and deliver appropriate mitigation and/or compensation schemes, along with Reasonable Avoidance Measures, to ensure the favourable conservation status of the species is maintained. - We advise that any permission includes a condition requiring the submission of a lighting scheme prior to the commencement of development to be approved to the satisfaction of the local planning authority. - As recommended in the report, hedges should be retained as far as possible in order to maintain habitat connectivity. Reptiles - The Ecological Assessment Report identifies that the site generally has low potential to support reptiles and there are limited opportunities within the wider landscape that may allow reptiles to disperse to the site although some areas of suitable habitat exist within areas of transitional scrub vegetation. - As recommended in the report, a precautionary approach with regard to vegetation clearance is recommended. Nesting Birds - As recommended in the report any removal of vegetation should be undertaken outside of the nesting bird season (March – August inclusive). If this is not possible a pre-clearance check should be made by an ecologist no more than 24 hours in advance of removal. Invasive Species
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- As identified in the Ecological Assessment Report, the presence of invasive species needs to be confirmed. Waste Management - We recommend that a Site Waste Management Plan (SWMP) is drawn up prior to scheme’s commencement in order to ensure full duty of care is complied with. Cadw: Have submitted the following comments following a number of discussions between them and the archaeologists employed by the applicants: - The management plan produced in response to our previous letter of 19 April 2016, which set out our concerns about the adverse impact of this housing development on the setting of the scheduled monument known as Wat‘s Dyke: Section W of Ty-Gwyn (DE151). Our subsequent letter of 22 July noted that whilst we maintained our view that the proposed development will have a significant impact on the setting of this monument, we accepted that this impact could in principle be compensated for by a comprehensive management plan for the monument. The submitted management plan addresses the whole of this 410m scheduled section of Wat’s Dyke, which falls within the same ownership. Having reviewed the management plan we consider that, if fully and successfully implemented, it will compensate for the impact of the proposed development on the setting of the southern end of the scheduled area of Wat‘s Dyke: Section W of Ty-Gwyn. The plan will also see the installation of interpretative materials that will help to raise local awareness of its significance and consequently aid its longer term conservation; - Our comments have also been requested on the proposed drainage scheme for the development. The proposed scheme entailed the crossing of the Dyke by a conventional drainage pipe running to a pond towards the north-eastern side of the site. We had
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previously expressed concerns that the scheme would result in a direct impact on the upstanding earthwork and any associated buried archaeology and potential further impacts on undesignated archaeology in the vicinity of the proposed pond. However, having revisited the site in conjunction with the engineering report, it is accepted that the proposed drainage option is likely to be the only viable option due to the topography of the site and the constraints preventing other forms of drainage; - Discussions at the site meeting of 7 September established a potential crossing point for the drainage pipe at a point where a field access has entirely removed the earthworks of the Dyke above ground and where its original form and extent is now unclear. We consider the proposed laying of a conventional pipe, with the width of the affected section of the scheduled area subjected to a full archaeological excavation in advance, to be acceptable; - With reference to Cadw’s Conservation Principles (Feb 2011) the limited localised destruction of buried remains by a pipe trench of 1.5m or less in width would in our opinion be outweighed by the information retrieved by an archaeological excavation about the character of the monument at this point and the potential for dating evidence from buried soils. The archaeological excavation followed by construction will require an application for scheduled monument consent from the Welsh Ministers (via Cadw). North Wales Police: Recommend secure by design measures are incorporated into the development. CPAT: The new layout is a significant improvement on the previous design with all development confined to a smaller area to the south west of the scheduled monument. Offa's Dyke is no longer hemmed in on both sides by housing and there appear to be no new or enhanced pedestrian crossings of the dyke.
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The principal open views to and from the scheduled monument are largely preserved although there will still be some visual impact to the south west which may be partly alleviated by appropriate natural screening.
There are no impacts to the prehistoric ring ditch burial features located on the eastern margin by the evaluation work. We note that landscaping is proposed within the permanent green barrier area on the west side of the dyke. There should preferably be no new groundworks here with the area preserved more or less as it is with existing tree cover, pasture and hedgerows. New tree or hedge screening would be approved on the eastern development boundary only.
Overall the Trust finds this proposal to be more sympathetic to the setting of the dyke and it will have no significant impact upon non-designated archaeology. The Trust would therefore support this initial layout design in principle.
The comments of Cadw must be sought with regard to the setting of the dyke and the proposed landscaping on the western side. Cadw's comments will take precedence over ours with regard to the scheduled monument. Ramblers Association: Have made the following comments: - The footpath on the ground and boardwalk over the wet area are on a different line than on the plans submitted which I believe was put in by WCBC in the wrong place. The line of the path as distinguished by WCBC is not the own shown on the plans and this must be sorted out before any plan is accepted; - The area by Wat’s Dyke has now been flooding since the installation of the Wrexham Bypass as no drain was put in to allow for water removal. Network Rail: Recommends measures be put in place and conditions be imposed to ensure the development does not adversely impact upon the adjacent railway line. Site Notices (x3): Expired 24.3.16
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Press Notice: Expired 31.3.16 Neighbours: The owners/occupiers of 69 nearby properties notified 3.3.16 7 representations received objecting to the development on the following grounds: - Traffic - Capacity of local schools - Capacity of doctors surgeries and hospital - Loss of green space - Pond on site that houses newts - Loss of habitat - The site is situated on Green Belt land - Insufficient information to consider impacts upon adjacent properties - Site layout is unclear; - Visual impact - The land is classed as Green Barrier in the UDP. Until WCBC produced a new LDP this land such be classed as such and not for development;
2 representations received in support of the application and making the following comments: - The inclusion of permanent green areas either side of Wats Dyke is well considered and a reasonable compromise when one accepts the current need for housing; - There is an opportunity not to be missed to require the developer to further development the existing children’s play park situated in the north east corner of the site of Plas Acton Road. - Consideration should be given to traffic management at the Plas Acton/Main Road junction.
SPECIAL CONSIDERATIONS Background: Outline planning permission was sought in 2014 for up to 400 dwellings to be erected on the application site. Access to the site would have been via Plas Acton Road to the north and New Road to the south. By the time the application was reported to Planning Committee in October 2015 the proposals had been amended, including a reduction in the maximum number of dwellings to 338. Planning permission was refused for 3 reasons:
1. The site lies outside of a settlement limit and within a Green Barrier. The development will result in the coalescence of Wrexham, Old
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Rhosrobin and Pandy. It is therefore contrary to policies PS1 and EC1 of the Wrexham Unitary Development Plan.
2. The site will not be provided with adequate means of access to the highway and the development will have a detrimental impact upon the free flow of traffic along the local highway network and upon highway safety. It is therefore contrary to policy GPD1(d) of the Wrexham Unitary Development Plan.
3. The development will have a significant and detrimental impact upon Wat's Dyke, a scheduled ancient monument, and its setting. Accordingly the development does not accord with policy EC11 of the Wrexham Unitary Development Plan.
The current proposals seek to overcome the above reasons for refusal in the following ways:
• A substantially reduced built up area and a corresponding reduction in the maximum number of dwellings proposed to 189; • The submission of a Scheduled Ancient Monument Management plan in respect of Wat’s Dyke; • Vehicular access via New Road only.
Policy: The proposals do not accord with any of the circumstances set out in policy H5 that permit small scale residential development on sites outside of settlement limits and therefore conflicts with that policy as well as PS1. In addition to lying outside of the settlement boundary the site lies within a Green Barrier and the development will lead to the irreversible loss of land that has an Agricultural Land Classification of Grade 3a (around 75% of the site is classified as Grade 3a with the remainder Grade 3b as confirmed by the Welsh Government) thus the proposals conflict with both policies EC1 and EC2.
Notwithstanding the above, it is necessary to consider whether there are relevant material considerations that justify departing from one or more policies of the UDP. These will be discussed in more detail below.
Housing Land Supply: Planning Policy Wales (paragraph 9.2.3) requires Local Planning Authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing.
Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that where a local planning authority does not have an adopted Local Development Plan or where an adopted UDP is outside of the plan period, they will not be able to produce a JHLAS and therefore will not be able to demonstrate whether they have a 5 year housing land supply or not.
Because the UDP plan period expired in 2011, Wrexham is now unable to demonstrate whether it has a 5 year housing land supply. Furthermore the emerging Wrexham Local Development Plan will need to make provision for
Page 30 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 around 8,460 new homes (this includes provision for a 10% contingency) to meet the housing needs of the County Borough over the 2013-2028 period. Taking into account existing deliverable supply this equates to a requirement for sufficient land to be brought forward for around 4,000 houses to be built. It is therefore clear that there is a need to significantly increase the supply of land available for housing in the County Borough.
In addition to the above, the Council will have to be able to demonstrate that it has a 5 year housing land supply when the LDP is adopted and in order to be able to do that, deliverable sites will need to continue to be brought forward for development between now and LDP adoption.
Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that where the local planning authority has been unable to undertake a study (as is now the case for Wrexham – see previous paragraph), TAN1 (paragraph 6.1) the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with development plan national planning policies.
This development would make a significant contribution to the supply of housing land in Wrexham and this is a consideration that weighs heavily in its favour.
Weight afforded to policy PS1: The existing settlement limits reflect the housing requirements identified in the UDP that were informed by migration led projecting, using mitigation trends from 1996. The LDP housing requirements are informed by far more up to date information. It will not be possible to meet the County Borough’s future housing requirements without the release of greenfield sites and in light of this, policy PS1 is now outdated and therefore afforded less weight in the determination of planning applications. Despite this it does not automatically follow that all proposals to development sites located outside of settlement limits should be granted planning permission, particularly if those sites are afforded greater protection by other UDP policies.
Loss of Green Barrier: The UDP designation of Green Barriers is consistent with the Green Wedges referred to in Planning Policy Wales. Planning Policy Wales advises that inappropriate development should not be permitted within Green Wedges. The construction of new buildings is inappropriate development unless it is for the following purposes:
• justified rural enterprise needs; • essential facilities for outdoor sport and outdoor recreation, cemeteries, and other uses of land which maintain the openness of the green wedge and which do not conflict with the purpose of including land within it; • limited extension, alteration or replacement of existing dwellings;
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• limited infilling (in those settlements and other development sites which have been identified for limited infilling in the development plan) and affordable housing for local needs under development plan policies; or • small scale diversification within farm complexes where this is run as part of the farm business.
None of the above applies to this proposal and it is therefore inappropriate development.
Green Wedges/Barriers do not have the permanence of a Green Belt (there being no Green Belts in Wrexham) and should be reviewed as part of the development plan process. The existing Green Barrier designations are being reviewed (Strategic Green Wedge Review) as part of the process of preparing Wrexham’s Local Development Plan and not all land currently designated Green Barrier will necessarily be afforded the same protection when the LDP is adopted.
The area of Green Barrier that includes the application site was subject to Stage 1 of the Strategic Green Wedge Review which was completed in February 2016. Its conclusions are set out below:
The gaps between the various settlements (Wrexham town, Rhosrobin, Gwersyllt, and Bradley) are narrow; with all settlements in close proximity to each other (nowhere is there a gap of more than approximately 0.3 km (0.18miles) between the settlements in closest proximity to each other). The close proximity of settlements means that the relative openness of the green wedge is important, and the openness would not be maintained to the same extent should it be covered by a general open countryside policy. The number of candidate sites in the area also demonstrates development pressure in the area. The designation therefore serves the function of preventing coalescence in an area of development pressure. The designation is set along defensible boundaries, serving to manage the urban form in this location and separating settlements in close proximity to each other. It also serves to safeguard the countryside from encroachment. Overall it is considered that there is justification for the retention of the green wedge designation in this location.
I have already acknowledged above that in order to provide the land needed to meet the housing requirements of the County Borough, the release of greenfield land outside of existing settlement limits will be required. This may include land currently designated as Green Barrier. Indeed the conclusions of Stage 1 of the Strategic Green Wedge Review are subject to the caveats that consideration must be given to ensuring that a sufficient range of land is made available and that amendments to the Green Barrier (or Green Wedge as they will be called in the LDP) may be needed should sites be deemed suitable for allocation for development at LDP deposit stage. In my opinion the decision whether sites within the current Green Barrier surrounding Old and New Rhosrobin and Pandy are released for development should be one taken as part of the LDP plan preparation and not via individual planning applications.
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There must be very exceptional circumstances to grant individual planning applications for housing development in Green Barriers. It is clear there is a considerable need to increase the supply of land available for housing in the County Borough. In appropriate cases this could be considered to be a very exceptional circumstance sufficient to outweigh the Green Barrier designation. However the importance of the site in the context of the Green Barrier it lies within must also be carefully considered.
Members will be aware that planning permission for the erection of 117 dwellings on land to the north-west of this site was refused in November 2014 (reference P/2014/0480) on the grounds that the site lay outside of the settlement limit and within a Green Barrier. The subsequent appeal was dismissed with the Inspector concluding that:
In this instance it serves to prevent coalescence of the adjacent settlements of, Old and New Rhosrobin, and Pandy. The green barrier in proximity of the site extends over a wide arc from the south east to the north and west, and it serves to constrain the urban villages of Old and New Rhosrobin and Pandy. The development of the site would result in the distinction between the villages being lost and would therefore be contrary to national and local polices that seek to prevent the coalescence of settlements.
I appreciate that the Inspector was only considering the merits of the site subject to the appeal however the ‘wide arc’ of Green Barrier he refers to arguably also includes the application site. In addition to the above a number of other appeals have been dismissed due to the sites in question being located in the Green Barrier. Again I appreciate that each case will have been looked at on their own merits; however it is clear that Inspectors have consistently determined that the shortage of land available housing will rarely justify granting permission in Green Barriers.
Whilst the western side of Main Road is almost continuously built up from Wrexham to just beyond the Rhosddu Industrial Estate, with only the A483 and Wrexham to Chester railway line separating the built development, the eastern site of the road is noticeably less well developed. Indeed the application site provides a very clear visual break between Wrexham and Old Rhosrobin. Although the A483 and Wrexham to Chester railway line bound the site and would continue to provide a degree of continued separation if the site were developed it would be significantly less so than at present. Indeed the development of the site would result in there being no clear distinction between Wrexham and Old Rhosrobin to the extent that they would be considered to be part of the same built up area rather than two separate settlements.
The application site also provides a very clear buffer of undeveloped land between Rhosrobin and Pandy. Whilst considerably less of the site would be developed than the under the previous proposals, the development would still represent a significant intrusion into the Green Barrier separating Old Rhosrobin and Pandy, particularly when viewed from the A483. One of the key features of land designated Green Barrier its openness. Whilst not
Page 33 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 defined in PPW or the UDP, openness can be considered as the absence of built development. The proposed development would therefore still significantly harm the openness of the Green Barrier, despite its reduced scale compared to the previous proposals.
Whilst I acknowledge that the contribution the development can make towards housing land supply is a significant benefit, as would be the provision of up to 47 affordable houses, the development will significantly and detrimentally impact upon the openness of the Green Barrier and result in the coalescence of Wrexham and Old Rhosrobin as well as a significantly eroding of the existing gap separating Old Rhosrobin and Pandy. I do not consider housing land supply issues constitute the very exceptional circumstances to set aside the Green Barrier objections to the development in this instance.
Loss of Grade 3a Agricultural Land: Planning Policy Wales advises that the agricultural land classed as Best and Most Versatile (BMV) (Grades 1, 2 and 3a) should only be developed if there is an overriding need for the development.
The applicant has submitted an agricultural land classification report that concludes that the site is likely to be classed as Grade 3b land. However this assessment was not carried out in accordance with the correct guidelines. The site was last surveyed by the Welsh Office in 1993 and this found that 75% of the site to be Grade 3a and therefore BMV land. The remainder was classified as Grade 3b.
Notwithstanding the above, the site is physically separated from any other agricultural land by roads, a railway line and built development. In my opinion this is likely to make it more difficult (although not impossible) to utilise the land as part of a larger agricultural holding. It is also worth noting that the site currently divided between by 3 separate landowners so is not necessarily available to be farmed as a single unit. Given these constraints as well as the fact that there is a significant need for additional housing land in the County Borough, I am of the opinion that the conflict with policy EC2 would not, in this particular case, be a valid reason for refusal.
Design/visual impact: All detailed design matters are reserved for subsequent approval. The application is accompanied by an indicative masterplan, which is included below:
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In addition to the above plan, other submitted details confirm that the density of development would very between 20 and 30 dwellings per hectare. The dwellings would be 2 and 2.5 storeys high and an illustrative street plan confirms that the general form of development is likely to be broadly comparable to existing residential developments in the area.
The development would have a significant impact upon the appearance of the site however this is inevitable when green field sites are developed. Whilst the site has considerable value in terms of its Green Barrier function, as well as preserving the setting of Wat’s Dyke (discussed separately below), it is not high quality landscape. I accept that there are features of value within the site, notably mature trees and hedges, however it would be possible to consider how best to preserve these and to require new/replacement planting at reserved matters stage. The implementation of an arboricultural method statement would help ensure the trees are protected during constriction and this could be secured by condition. I therefore do not consider there to be valid reasons to refuse planning permission on design/visual impact grounds.
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The indicative plan includes does not make reference specifically to the provision of public open space (POS), however it does show that all of the land to the north-east of the proposed built development being retained as a green barrier. Whilst this would be peripheral rather than integral to the scheme, its position is dictated by the need to protect the setting of Wat’s Dyke. It would be readily accessible on foot by future occupiers of the development. Indeed part of the land is already used for informal recreation purposes – footpath Gwersyllt no.24 crosses the site along the alignment of Wat’s Dyke.
The area of land between the proposed built development and Wat’s Dyke is shown on the submitted plans as being 2.6ha in area. To accord with policy CLF5, 189 dwellings would require just over 1.5ha of open space. In my opinion the indicative plan provides significant scope for the provision of an adequate area of informal open space and could be given further consideration at reserved matters stage. A planning obligation to secure the long term management of open space would be required.
Whilst Parks, Countryside, Rights of Way have not commented on this application they did comment on the previous one by recommending improvements to and expansion of the existing play area adjacent to the north-east corner of the site as well as contributions towards off-site playing fields. Contributions towards off-site open space provision could be secured via a Planning Obligation and the expansion of the play area could be considered in more detail at reserved matters stage.
Amenity: I am satisfied that the site can be developed without prejudicing the amenity of occupiers of properties close to the site by way of loss of light, privacy or by being visually overbearing. I also have no reason to believe that the site cannot be developed in a way that provides future occupiers with an adequate standard of amenity.
The development will need to incorporate noise mitigation due to the site being bounded by the A483 and the Wrexham to Chester railway line. Subject to this matter being given further consideration prior to approval being sought for the site layout as well as the inclusion of appropriate noise mitigation measures, I am confident that it would be possible to ensure the amenity of future occupiers is not unduly impacted by noise from road and/or railway traffic. The inclusion of adequate noise mitigation could be secured via an appropriately worded condition.
There is inevitably likely to be some disruption during construction, both as a result on noise from plant and machinery used on site, dust as well as construction traffic travelling to and from the site. I am however of the opinion that these impacts could be managed and minimised through the implementation of a Construction Environment Management Plan that could be secured by planning condition.
Highways: Approval for the site access is sought at outline planning permission stage. A four exit roundabout junction on Main Road is proposed
Page 36 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 that will give access to the development as well as to the Top Farm Road housing estate directly opposite the application site. Highways have not expressed any concerns about the site access and I therefore have no reason to conclude that it will present a risk to highway safety.
Whilst it is inevitable that the development will increase traffic on local roads, Highways have advised that they do not consider the impact to be sufficient to justify refusal of the application. The Transport Assessment accompanying the application includes proposals to provide traffic signals at the Plas Acton/B5425 Llay Road junction to the north of the site. This will help to improve traffic flow at that junction and off-set the impact of additional traffic to/from the site using those roads. Subject to the implementation of those works, which could be secured by way of a Grampian style condition, and in the absence of any evidence to the contrary I have no reason to conclude that the local road network has insufficient capacity to safely accommodate traffic from the proposed development.
Archaeology: Wat’s Dyke, a Scheduled Ancient Monument, crosses the site in a north-south direction. The Dyke survives as an embankment for over 295 metres of its 370 metres length across the site.
Unlike many other sections of the Dyke in and around Wrexham, which are either inaccessible or viewed within a narrow corridor, within the application site the Dyke is set within open fields that provide a semi-rural setting. Indeed this is the last area in the locality where the Dyke can be viewed in anything like its original rural setting.
Whilst the indicative plans propose a significantly reduced area of built development compared to the previous application, Cadw initially remained concerned about the impact the development would have upon the setting of the Dyke. The applicant’s archaeologist has liaised extensively with Cadw to address their concerns.
The indicative plan shows considerable undeveloped landscaped buffer either side of the Dyke. In addition the application is now accompanied by a Scheduled Ancient Monument Management Plan that proposes measures to improve the appearance and setting of the Dyke, such as the removal of scrub and low quality trees, the removal of dumped material close to the Dyke, repairing, replacing and construction of fences, repair to eroded areas, as well as long term management of the Dyke and undeveloped land around it to help preserve it in the long term.
Cadw have confirmed that the development will have a significant impact upon the setting of the Dyke, however they accept that this impact can be mitigated and compensated for via the management plan. The development also presents an opportunity to enhance the local awareness of the Dyke via interpretive materials i.e. information boards. The implementation of these measures could be secured by planning condition.
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In light of the advice received from Cadw as well as the consultation response from CPAT, whilst it is clear that whilst the development would still have a significant impact upon the setting of Wat’s Dyke, the current proposals would have considerably less impact than the development proposed by the previous application. What is more, the current application includes proposals for measures to help off-set those impacts. It must also be remembered that the Dyke is not subject to any proactive scheme management at present, so the proposals do present an opportunity to secure measures that will assist preserve it in the longer term. I am therefore satisfied the current proposals address the archaeological reason for refusal of the previous application.
Ecology: The site has been subject to an ecological assessment and NRW have confirmed that in light of the assessment, they are satisfied that the development is unlikely to adversely impact upon statutorily protected species. This is however subject to the implementation of recommendations made within the report regarding mitigation.
Mitigation can be secured by planning condition and, should outline planning permission be granted, the reserved matters details in respect of layout and landscaping would need to be informed by the recommendations made within the report and by NRW’s comments. Subject to this and in light of both the report and NRW’s advice I am satisfied the site could be developed without adverse impact upon statutorily protected species.
Drainage:
Foul Drainage
Welsh Water initially objected to the previous application on the grounds that the development would overload the existing sewerage system. However following discussions with the applicant they lifted their objection and recommend Grampian style condition is imposed to prevent development taking place until a scheme for the provision of foul sewerage infrastructure has been submitted to and approved by Local Planning Authority and then prevent any dwelling being occupied until the scheme as approved has been implemented in full. The scheme will need to be informed by Hydraulic Modelling Assessments. Their response to this application reaffirms that advice.
Surface Water
The site has been assessed to determine whether the ground conditions are suitable to enable soak away type drains to be used. The drainage assessment recommends that land to the east of Wat’s Dyke is suitable for infiltration drainage and suggests the formation of an infiltration drainage pond on that part of the site. I am satisfied the submissions demonstrate that the site is suitable for sustainable urban drainage systems and as a consequence the development is unlikely to significantly increase the risk of on or off-site surface water flooding. The detailed design and implementation of a surface water drainage scheme could be secured by planning condition.
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Minerals: Approximately half of the site is subject to policy MW9. The policy applies to areas where there are potentially exploitable mineral reserves and states that non-mineral development will not be permitted unless it has been demonstrated that no exploitable mineral reserves existing within the site. Alternatively a development must make provision for the removal of the mineral resources.
The areas of the site subject to the policy lie close to existing residential development fronting Plas Acton Road and Top Farm Road and lie adjacent to the A483 and the Wrexham to Chester railway line. It would not be possible to work any exploitable mineral reserves under the site without severely compromising the amenity of nearby residents and/or causing significant disruption to local transport infrastructure. Whilst no part of Wat’s Dyke lies within those parts of the site subject to the policy, the northern section of the Dyke is immediately adjacent. Accordingly there would be a significant risk of mineral extraction works damaging sections of the Dyke. Mineral extraction would also impact significantly upon the setting of the Dyke It is therefore unlikely that any mineral extraction works would take place within the site and accordingly I find no conflict with policy MW9 in this instance.
Community Infrastructure: I have not received a consultation response from Education, however they did comment on the previous planning application by advising that contributions towards primary education were required. I am unaware that circumstances have changed significantly since the determination of the previous application. A planning obligation would be required to secure the contributions.
Education did not previously request contributions towards secondary school provision and I have not been presented with any evidence to demonstrate that circumstances have changed. I therefore have no reason to conclude that there is insufficient secondary school capacity to cater for an increase in demand for places as a result of the development.
Objectors have expressed concerns about the capacity of local health care services to cater for additional demand. There is no UDP policy or Local Planning Guidance Notes that impose a specific requirement for the developers to provide or make contributions towards other infrastructure such as health care facilities. In the absence of any evidence that the development will severely prejudice the effective delivery of local healthcare services these concerns to not present a valid reason to refuse planning permission.
CONCLUSION
Whilst acknowledging the significant contribution the development could make towards the supply of housing land, this benefit is significantly outweighed by the harm the development would have upon the Green Barrier as a result of the virtual coalescence of Wrexham and Old Rhosrobin and the considerable erosion of the gap separating Pandy from Old Rhosrobin and Wrexham.
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RECOMMENDATION: That permission be REFUSED
REASON(S)
1. The site lies outside of a settlement limit and within a Green Barrier. The development will result in the coalescence of Wrexham and Old Rhosrobin and significant harm to the openness of the Green Barrier separating Old Rhosrobin and Pandy. The development is therefore contrary to policies PS1 and EC1 of the Wrexham Unitary Development Plan.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0505 FORMER AIR PRODUCTS SITE 25/05/2016 LLANGOLLEN ROAD ACREFAIR WREXHAM COMMUNITY: LL14 3HW CASE OFFICER: Cefn KH DESCRIPTION: OUTLINE APPLICATION FOR WARD: RESIDENTIAL DEVELOPMENT (232 AGENT NAME: Cefn DWELLINGS) AND NEW ACCESS NICOL THOMAS LTD MR KEITH HILTON APPLICANT(S) NAME: MR R COOKE PROSPECT ESTATES LTD
______P/2016/0505 THE SITE
Land formerly used by Air Products Engineering located off the South Eastern side of the A539 Ruabon to Llangollen Road.
Open space and woodland are located to the North West of the site across the A539 Ruabon to Llangollen Road. Residential properties are located to the North with further residential properties to the West off King Street and to the South. Open space bounds the site to the East.
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PROPOSAL
Outline application for 232 properties with all matters reserved for further approval with the exception of access. An illustrative site plan has been included for information purposes which illustrates 232 properties and areas of open space. The layout includes an area which could be used for recreational purposes and children’s play equipment with a play trail spine through the centre of the site and a link with Station Road to the South. The submitted indicative layout plan is shown below.
Indicative site layout plan
HISTORY
P/2012/0045 Outline application for mixed use development comprising residential, commercial and leisure uses. Granted 17.04.2013. P/2005/0982 Extension to existing factory building. Granted 25.10.2005.
DEVELOPMENT PLAN
Within the settlement limit for Acrefair / Cefn Mawr with the site adjoining the buffer zone for the Pontcysyllte Aqueduct and Canal World Heritage Site.
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Policies PS1, PS2, PS3, PS4, GDP1, H2, H7, E4 and CLF5 of the Wrexham Unitary Development refer.
Local Planning Guidance Notes:- • 07 Landscaping and Development, • 10 Public Open Space in new housing developments, • 16 Parking Standards, • 17 Trees and Development, • 21 Space Around Dwellings, • 23 Development Sites with Land Contamination, • 24 Designing out Crime, • 27 Developer Contributions to School, • 28 Affordable House, • 30 Design, • 32 Biodiversity and Development and • 33 Pontcysyllte Aqueduct and Canal – World Heritage Site.
Planning Brief, Former Air Products, adopted January 2012 is also applicable.
CONSULTATIONS
Community Council: Object due to emergency access point and impact on schools and strain on surgeries. The local infrastructure is inadequate. Cycle path should be routed through Coed Richard. Local Members: Councillor Taylor – No concerns at this stage; Councillor Wright – Supports the application if proven there are enough school places, room in GP Surgeries etc., in the local area to accommodate all the additional residents. Highways: Traffic assessment which was carried out 5 years ago does not include developments in the locality that have been granted planning permission in the intervening five year period. Public Protection: Conditions required – contamination, construction hours for development and dust management scheme. Welsh Water: No objections. Conditions required. Natural Resources Wales: Comments regarding the contamination aspects of the proposal and concerns regarding surface water. Clarification required of connection to Tref y Nant Brook of an existing and functioning connection. HSE: Advise against. CPAT: Investigation condition to facilitate a scheme of archaeological investigation / excavation. Wales and West Utilities: Enclose records of apparatus and the applicant needs to contact them direct to discuss their
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requirements before works commence on site. Note to applicant. Neighbours: Letters of support • Appropriate development to be welcomed • Family housing is a good use of the land and can boost the local economy, schools etc • Will improve visual impact of the area Letters of concern/objection • Number of dwellings high • Could be overwhelmed with influx of new residents • Emergency access is technically a bridle way • Emergency access may not be wide enough for emergency vehicles • Cycle path could also impede pedestrian movement • HSE guidance against development is a cause of concern • Serious effect on traffic flows, with the increased traffic on Llangollen Road and increased visitors to the World Heritage Site • Mine shafts on site • Hazardous waste • Concerns that sewerage system will not be able to cope, blockages have occurred in the past • Concerns regarding new access and increase in traffic • Properties along the southern boundary will sit over the former Ruabon to Llangollen railway line and will prevent future re- instatement of a mainline railway link – Ruabon to Llangollen, detrimental constraint on the wider Dee Valley and will prevent enhanced opportunities for the World Heritage Site • Should be right and left hand turning lanes • Orientation of properties in terms of south facing sun is disregarded • Public space is poor on site Site Notice: Site notice expired 04.07.2016
SPECIAL CONSIDERATIONS / ISSUES
Proposal / History: The application is an outline application with all matters reserved for further approval, with the exception of access which is utilising an existing access onto Llangollen Road. The application is
Page 44 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 accompanied by an illustrative site plan which aids consideration of the application.
A previous outline application was granted for 230 residential properties and mixed commercial and leisure uses on the 17th April 2013. The application also included land to the North West of the site (across Llangollen Road) to be used for open space requirements – recreation and biodiversity interests. The current application excludes the area to be previously used for recreation and the area to the North East which included proposed commercial and leisure uses.
Highways: Whist I am conscious that over the intervening period since the approval of a previous application traffic levels may have increased. This application however does not include leisure and commercial uses which were proposed on another part of the former Air Products site which will to some extent reduce movements which would have been associated with the previous permission. Conditions will be required to ensure the access will provide improved visibility and to a standard to ensure safe access and egress to and from the site. Traffic congestion should not be increased significantly to the proposed site. The site is also in a highly sustainable location with proximity to local facilities, adjacent to main bus routes and as such highly accessible for public transport, walking and cycling, which may result in reduced reliance on the car.
Drainage: Welsh Water are satisfied foul water flows can be taken to the combined sewer within Llangollen Road and planning conditions are required. Welsh Water however, will not accept the connection of surface water into the public sewerage network.
Clarification has been sought from the applicant with regard to surface water drainage and whether a connection to the water course at Tref y Nant Brook exists.
Archaeology and Heritage: The site is not within a designated area of archaeological importance, nor contains any scheduled monuments or listed buildings. The site does fall in an area of archaeological sensitivity due to former industrial activity on the site, since at least 1817. The site was formerly occupied by the Acrefair Ironworks and the British Iron Company. The key areas of archaeological interest include the early blast furnace site and its surrounding buildings in the Northern half of the site, together with the later 19th Century expansion of the iron works further to the South. A condition is attached to enable archaeological investigation and to retain 19th Century industrial kilns.
The site lies just outside the buffer zone of the Pontcysyllte Aqueduct – World Heritage Site and in considering the impact of the development upon the outstanding universal value of the World Heritage Site, views to and from are limited although recognised in the illustrative site layout. The sense of arrival to the World Heritage Site is also an important consideration in particular the main route to Llangollen. Whilst largely elevated and screened from the road,
Page 45 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 where views in to the site are more apparent, then the illustrative site plan proposes a strong built frontage.
Subject to more detailed and sensitive design with the subsequent detailed application, I do not consider the proposals would have an adverse effect on the setting or the value of the World Heritage Site.
Health and Safety Executive: The proposed site lies within the consultation zones previously imposed by the Health and Safety Executive around the Flexys Chemical Works and split into three zones of sensitivity based on the past uses of the factory, with product manufacture dependant on a range of raw materials, many of which were toxic or flammable. Materials included Chlorine, Ammonia and Sodium cyanide. The HSE’s recommendations are based on the size / type of development and its location within the sensitivity zones.
Whilst recognising the advice, consideration is required of factors mitigating against this advice. Flexys has ceased operations a number of years ago, the chemicals have gone from the site and the buildings demolished and cleared. The hazardous Substance Consent however, remains on the site but I would consider it unlikely the Council would support any future application for new industrial buildings of a similar use. Future uses of the site are likely to be for a more compatible and sensitive use given the proximity to large residential area and the Pontcysyllte Aqueduct World Heritage Site. However, if the Council were minded to grant permission the HSE have been given 21 days to allow them to consider whether to request the Welsh Government to call the application in for determination.
Other Issues: I am conscious of the concerns raised by the Community Council, Local Members and some of the objectors to the impact on the existing facilities in the Community. No policy exists for requests for contributions towards increased provision for GP Surgeries but financial contributions to local schools and an element of affordable housing will be required as part of the proposal. Open space will be provided on the site in accordance with the relevant Planning Guidance Note number 10.
RECOMMENDATION
My recommendation is in a number of parts to enable the Health and Safety Executive 21 days to consider whether the Welsh Government call the application in for determination and a Section 106 Legal Obligation to deal with the maintenance of future areas of open space, contributions towards education provision and an element of affordable housing retained in perpetuity.
RECOMMENDATION A
That the application be referred to the Health and Safety Executive for consideration as to whether to request the Welsh Government call the application in for determination.
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RECOMMENDATION B
If the Welsh Government does not call in the application then I recommend, subject to the completion of the section 106 Legal Obligation required in Recommendation C then in accordance with Recommendation D planning permission is GRANTED subject to the planning conditions below.
RECOMMENDATION C
That the Council enters into an obligation under Section 106 of the Town and Country Planning Act to secure a commuted sum for the maintenance and future areas of open space provision, play equipment, contributions towards education and provision of affordable housing retained in perpetuity.
The Head of Environment and Planning be given delegated authority to settle the final form and contents of the obligation.
RECOMMENDATION D
Upon completion of the obligation – planning permission is GRANTED subject to the following conditions.
CONDITION(S)
1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 5. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 4 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority.
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6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 7. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 8. The reserved matters application shall provide a scheme detailing the construction of the following:- - Detailed layout, design, drainage and constructing of the proposed access - Minor road widening to enable provision of a right had turning lane - Adequate footpath width either side of the access - Improvements to visibility. The scheme as approved shall be fully implemented prior to the first use of the development. 9. No surface water and / or land drainage shall be permitted to connect directly or indirectly with the public sewerage network. 10. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 11. No development shall take place within 3 metres either side of the public sewer which crosses the site. 12. The reserved matters application shall provide full details of a hard and soft landscaping scheme together with a timescale for the implementaiton of work. 13. The landscaping scheme submitted and approved in connection with condition no. 12 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 14. The planting scheme implemented in connection with Condition No. 13 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and / or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 15. The reserved matters application shall provide details of all internal and external boundary treatment. Works shall be carried out strictly in accordance with the details as approved and retained thereafter unless otherwise agreed in writing with the Local Planning Authority. 16. No trees shall be lopped / topped or removed without the further written permission of the local Planning Authority. 17. The reserved matters application shall indicate the location of each affordable house meeting the definition of affordable housing in TAN 2 or any future guidance that replaces it.
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18. Notwithstanding the illustrative site layout open space shall be provided in accordance with the requirements of Local Planning Guidance Note No 10 Public OpenSpace in New Housing Development. 19. The reserved matters application should provide full details of the proposed emergency access, cycleway on the southern boundary. Works shall only be carried out strictly in accordance with the details as approved. 20. No development shall take place within the application area until the applicant, or their agents or successors in title, have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to the applicant and approved, in writing, by the Local Planning Authority. The archaeological work will be undertaken to the standards laid down by the Institute for Archaeologists. On completion of site work and any post-excavation analysis a report on the investigation will be submitted for approval to the Local Planning Authority and the Development Control Archaeologist, Clwyd Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR Tel 01938 553670.
REASON(S)
1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. To protect the amenities of the occupiers of nearby properties. 7. To protect the amenities of the occupiers of nearby properties. 8. In the interests of vehicular and pedestrian safety. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system. 11. To protect the integrity of the public sewer and avoid damage thereto. 12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
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17. To ensure the development complies with the appropriate policies and guidance. 18. To ensure adequate public open space is provided which contributes to the visual amenities of the site and enables recreation facilities for residents. 19. In the interests of residential amenity and pedestrian / cyclist safety. 20. The site is considered to be of considerable archaeological interest and it is important that the opportunity created by the development to expose the history of the land is not lost.
NOTE(S) TO APPLICANT
The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.
It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.
Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.
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If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
The potential cycling and walking links to the local community must be further investigated as part of the reserved matters application.
The application site lies within Zone A as defined in TAN15 Development and Flood Risk (2004) and shown on Welsh Government Development Advice Map.
However isolated parts of the site are shown to be at risk of surface water flooding in Natural Resources Wales flood map for surface water.
Your attention is drawn to the comments of Natural Resource Wales and attached to this decision.
Your attention is drawn to the comments of Welsh Water and attached to this decision.
Further advice on compliance with condition no. 04 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.
The applicant is advised that compliance with condition no. 06 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.
The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.
Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:
- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is
Page 51 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.
To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Environment and Planning Department on 01978 315300 for further advice and information.
Applicants are advised that compliance with condition no. 07 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.
The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 - Refer to Statement of Applicant's Rights and General Information on our planning web site at:- http://www.wrexham.gov.uk/english/planning_portal/publications/info_sheets.h tm
RECOMMENDATION E
That if the obligation pursuant to Section 106 of the Town and Country Planning Act is not completed within 6 months of the Committee Resolution the Head of Environment and Planning be given delegated authority to refuse the application for the following reason:
REASON(S)
1. The development makes inadequate provision for the required infrastructure / community facilities to offset the impact of the development. The proposal as such would be contrary to UDP policies GDP2, CLF5 and H7
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0953 FORMER CROSS LANES HOTEL 10/10/2016 BANGOR ROAD CROSS LANES WREXHAM LL13 0TF COMMUNITY: CASE OFFICER: Sesswick DESCRIPTION: PF CHANGE OF USE OF CROSS LANES COUNTRY HOTEL (USE CLASS C1) WARD: AND THE LODGE (USE CLASS C3) AGENT NAME: Marchwiel TO CHILDREN'S ACTIVITY CENTRE URBAN VISION (USE CLASS C2) TO INCLUDE PARTNERSHIP LTD EXTENSION TO EXISTING HOTEL MR RICHARD WILSHAW BUILDING, ERECTION OF BUILDINGS AND EQUIPMENT FOR CHILDREN'S ACTIVITIES WITH ASSOCIATED CAR PARKING, COACH PARKING, LANDSCAPING AND RAILINGS
APPLICANT(S) NAME: ROBINWOOD ACTIVITY CENTRE ______
THE SITE
SITE
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PROPOSAL
Planning permission is sought for the change of use of the hotel and grounds (C1) and the lodge dwelling (C3) to a children’s residential activity centre (C2). The application also includes for the extension of the existing hotel building and for the erection of detached activity buildings and activity structures including a high activity building, archery and caving building, changing room and shower block. Zip wires, giant swing and high ropes course structures are proposed as well as associated landscaping (including lake) and car and coach parking provision.
HISTORY
P/2006/0594 New bedroom block, internal alterations and extensions and construction of car park. Withdrawn. P/2006/1333 New bedroom block, internal alterations and extensions and construction of car park. Granted 23.03.2007 P/2007/0629 Change of use of existing log cabin to hotel bedroom suite. Granted 28.12.2007 P/2007/0780 Conversion of existing double garage to single garage and two storey extension. Granted 09.08.2007 P/2010/0171 Variation of condition 2 and 8 of planning permission P/2006/1333 to allow ‘phase one’ construction without starting work on ‘phase two’ construction. Granted 28.04.2010 P/2012/0189 Erection of bedroom block, internal alterations and extensions and construction of car park (renewal of application previously granted under code no. P/2006/1333). Granted 26.04.2012
DEVELOPMENT PLAN
The site is located outside any defined settlement limit and within a Special Landscape Area. Policies PS2, GDP1, EC4, EC5, EC6, CLF, EC13, S9 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards, 17 – Trees and Development and 32 – Biodiversity and Development.
NATIONAL PLANNING POLICY
National planning policy contained in Planning Policy Wales (Edition 9) (PPW), Technical Advice Notes (TAN) 5 – Nature Conservation and Planning, 12 – Design and 18 – Transport is relevant.
CONSULTATIONS
Community Council: - Since the Cross Lanes Hotel has closed, there are now no community facilities within Sesswick forcing villagers to travel further afield for recreational purposes. Given the
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much- reduced bus services and the distances between neighbouring areas, private transport is the only option. This is not feasible for all residents; - There should be an accessible hub in the community for continued vitality and vibrancy. It is hoped that this application would make provisions to address this deficit following the losses of the Hotel and the Kiln Inn; - The applicant has verbally stated that, if passed, a room in the proposed development could be made available for groups' use for a couple of hours on a Friday evening. Such an offer would be insufficient to accommodate the many groups and organisations that used to convene at the Cross Lanes Hotel and would be inconsistent with policy S9 of the Wrexham UDP; - The Community Council call on the LPA to take the need of the community into account. The application should construct a building as part of the complex dedicated exclusively for community use; - A report written by the Wrexham County Borough Council Play Team commissioned by Sesswick Community Council reiterates that there is no place within the village for people to meet. Local Member: - Concerns have been raised for quite a considerable time by the residents that with the Hotel closing there would be no meeting place for local residents because the hotel was also classed as their only Public House and meeting place in the area since the Kiln Inn ceased to operate. The question was raised, if the Company were able to provide a meeting place for Local Residents, the answer was it would be able to provide facilities within the activities that take place within the centre and this would be available for local groups mainly on Friday evening for only 2 hours and the centre would be closed at weekends. - With there being no Community Facilities in this Community, I would like to know if this application complies with the policy. Site notice: Expired 04.11.2016 Press notice: Expired 16.11.2016
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Highways: No objection. Recommends conditions to ensure sufficient visibility splays, car park layout and that permission be made personal to the applicant. Public Protection: No objections. Recommend conditions and informatives to protect neighbouring amenity from construction nuisance. Flood Management Officer: A notable increase in surface area is proposed with surface waters generated being disposed of by main sewer. This is not a sustainable means of drainage and would not normally be supported. Natural Resources Wales: - No objection subject to a condition requiring the development to be carried out in accordance with the great crested newt method statement; and - A biosecurity risk assessment should be submitted; Welsh Water: - The applicant wishes to discharge foul and surface water flows into the public sewer however there is no record of any sewerage within the area of the development site. - Further investigation should be carried out to identify how the proposed development will drain. - Welsh Water would not support the discharge of surface water into a public sewer, further investigations suggests that there is a watercourse within the area which could be utilised. The application should also carry out infiltration testing on‐site to establish if soakaways are a viable option. Neighbouring occupiers: 37 neighbouring occupiers notified. 1 representation received raising the following support: - Excellent plans to convert the hotel into an outdoor pursuits centre for 7-11 year olds and nice to see that the developers have considered the local community in their planning application following their open day in September 2016.
SPECIAL CONSIDERATIONS
Policy: The site currently consists of a vacant 16 bed hotel set within extensive grounds. The former hotel building is of an attractive country house style located within the middle of the site and surrounded by mature trees of high amenity value to the north western boundary and to the majority of the southern portion of the site. The site frontage is relatively open with a
Page 56 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 maintained lawn area interspersed with attractive tree coverage. The site forms part of a Special Landscape Area.
The main issues for consideration are as follows:-
- The appropriateness of the proposed use in this location; - Whether the loss of the existing community use would be detrimental to the viability and vitality of the village; - The impact of the development upon the visual and residential amenity of the area; and - The ecological impact of the development.
Loss of a community facility The change of use and the additional built development is considered acceptable in principle. I consider that the reuse of the existing building demonstrates a sustainable reuse of the site. However, policy S9 of the Wrexham UDP seeks to protect and ensure that all possible avenues have been explored before a change of use of an existing community facility is granted planning permission. The purpose of this policy approach is to ensure that the social and economic wellbeing of communities is given full consideration. The loss of these facilities could detrimentally affect local residents' quality of life and create a need to travel to facilities further afield. Where such proposals are presented, they need to demonstrate that the existing use is no longer viable and all attempts to sell or let the business over a 12 month period have proven unsuccessful or that the building is unsightly and in both cases the loss of the facility would not prove detrimental to the social and economic fabric of its locality.
The applicant has provided a statement regarding the previous viability of the business and attempts to market the sale of the site. The previous business was marketed by a multinational real estate firm from June 2013 with an initial two viewings. Prior to late 2015 the asking price was reduced generating five further viewings but in all cases it was considered that the hotel was not turning sufficient profit and required significant capital investment. I am satisfied that the business was marketed for more than the requisite 12 month period and I have no reason to doubt the asking price as shown by a well- known real estate firm. The applicant has also provided profit/loss figures for the period 2010 to 2015 showing a significant loss over this period. Again I have no reason to doubt these figures.
I am satisfied with the summary provided with the application. The hotel has had a lack of investment due to its loss making position and is now considered to be an asset in significant need of capital investment. Trading loses are ongoing and increasing and banks are risk-averse to lending to future operators. Prior to its closure, the long term viability of the hotel was in question with a risk that the hotel would be closed until a cash purchaser for the site could be found. I am therefore satisfied that all efforts have been made to adhere with the marketing requirements of policy S9.
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The wording of policy S9 requires the developer to demonstrate the loss of the facility would not be detrimental to the social and economic fabric of its locality. Concerns have been raised by the Community Council that the closure of the hotel and its associated public bar would render Cross Lanes without any public meeting place. This is correct as there are no public buildings within the village and no other public houses/restaurants etc. The applicant has sought to address initial concerns raised by the community following the initial pre-application statutory public consultation exercise. Within the application it states that the developer would be willing to allow the community the opportunity to use lounge facilities within the centre on Friday evenings during the centre’s operating hours. The Community Council have requested that the developer should provide for a standalone building within the site for community use.
There is no question that the recent loss of the hotel has removed the last public meeting place within the village. However, this has to be weighed against the reasons why the hotel has closed, primarily because of the lack of custom from villagers and the wider tourism trade to make the business viable and to allow it to invest in the facility for its long term sustainability. It is not for owner of the site to ensure that a facility remains permanently open for public use and it would not be justifiable to request a developer provide a standalone community building which would go beyond what is currently in place. In both instances, this would impose an unnecessary and unfair financial burden on the land owner.
However, given that the loss of the existing hotel and public bar would have some impact upon the social fabric of the village and the offer of the developer to provide community access to the site, I consider that there is justification in planning terms to include a planning condition seeking a scheme of community access to the site.
Visual Impact: The site is bounded on the northern and eastern boundary by highway. It is from the northern site boundary that the development is most visible from public views. All other boundaries are reasonably well screened by existing mature vegetation. The elements of the scheme that are most visible are the proposed lake, the extension to the side of the hotel and the erection of the high activity building.
The design of the proposed extension resembles that already approved in 2012. I therefore have no objection to this element. The lake to the site frontage (for raft building and canoeing) will be sited on a formally laid out lawn. I am satisfied that the construction of this feature which would appear natural rather than ornamental and would sit comfortably in front of the hotel building.
The high activity building would be dug into the existing land level with a resulting ridge height of 6.4m. This would be sited within the south eastern bank of trees with wooden clad elevations. Because of the nature of the materials and its location I do not consider that it will visually detrimental to the wider environmental character.
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All other elements of the scheme design (including the rope activities and zip wire) are to be located to the rear of the site and will not be widely visible from public viewpoint. The changes to hard surfacing primarily relate to the car park circulation areas and will not be visually detrimental to the existing character of the site.
I am also satisfied that the development will not be detrimental to the character of the Special Landscape Area.
Residential amenity: The nearest residential properties are located along Kiln Lane with a single property to the south western boundary. A significant proportion of the activities are within buildings. Where there are external activities such as the zip wire, ropes and general exploration of the site, given that the centre would be operated with children supervised, I do not consider that there will be significant levels of noise from children on the site. Any noise that may be generated will occur during the daytime and early evening. I see no reason why the proposed use of the site would result in a detrimental impact upon the amenity of the neighbouring occupiers.
Highways: Highways raise to objection to the proposal. The development would result in an increase in accommodation; however, this would be limited to the occupation by children. The traffic generation would occur from staff, coach drop-offs and deliveries. The existing car parking provision would be remodelled to allow for safer and more logical traffic movements and to take account of coach turning.
However, this assumption has been based on the proposed use within use class C2. Other uses within the same use class could well result in increased traffic generation for which the site may well not be able to cope with in terms of parking provision. For this reason, a condition to restrict the use of the site solely as described in the application documentation is recommended.
Ecology and trees: There is a known presence of great crested newt (GCN) in close proximity to the site. NRW have considered the contents of the GCN method statement report submitted by the applicant and have accepted the proposed mitigation measures. A condition can be imposed to secure these measures along with biosecurity measures and bat protection measures. In this regard I am satisfied that the development will not have an adverse impact upon statutorily protected species.
There are a number of important mature trees on the site. The applicant has taken these trees into account in the overall design process. Where trees are to be removed these have been fully justified with an appropriate planting scheme in place. In order to ensure that the development can be carried out in a manner to protect these important trees, suitable tree protection conditions can be imposed.
The applicant has presented a landscaping scheme which is broadly accepted. However, the Council’s Arboricultural Officer has suggested
Page 59 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 amendments to the scheme in the interests of the visual amenity of the site and these amendments have been agreed by the applicant. Unfortunately, amended plans could not be submitted in time before the finalisation of this report. This is reflected in my recommendation.
Drainage: Welsh Water have confirmed that they are not aware of sewerage facilities in the vicinity of the site to take additional surface water generation, and in any case, there should be a presumption in favour of dealing with surface water disposal on site. The Council have previously accepted extensions to the building and I do not consider that the additional hardstanding will be of such an area that it cannot adequately be dealt with on site. I recommend conditions preventing the disposal of surface water into any sewer network and that a detailed foul and surface water drainage scheme be submitted for further approval.
Conclusion: I consider that the proposed development will represent a positive reuse of a vacant building which, with suitable controls, will not have an adverse impact upon the amenity of the neighbouring occupiers, the wider visual amenity of the area and will not adversely impact upon the social fabric of the village. The proposal also represents a significant employment opportunity of up to 38 full time employment positions. I am satisfied that the planning permission should be granted. RECOMMENDATION A:
That delegated authority be given to the Head of Environment and Planning to GRANT planning permission upon the satisfactory receipt of amended landscape and planting plans and subject to the conditions listed below with any amendments or additions to those conditions as deemed necessary.
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered: '15-077-L01 - LOCATION PLAN 15-077-P01 - PROPOSED SITE SECTIONS 15-077-P02 - PROPOSED HOTEL GROUND FLOOR PLAN 15-077-P03 - PROPOSED HOTEL FIRST FLOOR PLAN 15-077-P04 - PROPOSED HOTEL ELEVATIONS 15-077-P05 - PROPOSED HOTEL ELEVATIONS 15-077-P06 PORPOSED GARAGE FLOOR PLAN AND ELEVATIONS 15-077-P07 - PROPOSED SHOWERS AND WATERSPORT CHANGING FLOOR PLAN 15-077-P08 - PROPOSED SHOWERS AND WATERSPORT CHANGING ELEVATIONS 15-077-P09 - PROPOSED ARCHERY AND CAVING FLOOR PLAN 15-077-P10 PROPOSED ARCHERY AND CAVING ELEVATIONS
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15-077-P11 - HIGH ACTIVITIES CENTRE FLOOR PLANS 15-077-P12 - HIGH ACTIVITIES CENTRE ELEVATIONS 007502-UV-EW-XX-DR-L-101 - GENERAL ARRANGEMENT 007502-UV-EW-XX-DR-L-102 - CAR PARK 007502-UV-EW-XX-DR-L-103 - TREE REMOVAL 007502-UV-EW-XX-DR-L-105 - PROPOSED LEVELS 007502-UV-EW-XX-DR-L-106 - PROPOSED FENCING LAYOUT 007502-UV-EW-XX-DR-L-107 - SECTIONS 2016 00318 SU1 01 - TOPOGRAPHICAL SURVEY' and contained within the application documentation. 3. The premises shall be used for a residential children's activity centre purpose only and shall not be used for any other purposes including any other use within Class C2 of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment). 4. Prior to the first use of the development hereby approved a scheme shall be submitted to and approved in writing by the local planning authority detailing a methodology and opening times for bookable access to a meeting place within the building for members of the of the public and community groups. The scheme shall be implemented in accordance with the detail as may be approved and shall be retained in operation thereafter. 5. 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. 6. Prior to the installation of any external lighting, a detailed scheme of its position, specification and height shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the detail as may be approved. 7. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. Development shall be carried out in accordance with the great crested newt method statement dated 01/01/2017 submitted to and approved as part of this application. 10. The development hereby approved shall not in any circumstances commence unless the local planning authority has been provided with either: a) a licence issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation and Habitat Regulations 2010 authorizing the specified activity/development to go ahead; or b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence. 11. No tree identified for removal shall be removed until it has been inspected by a suitably qualified and experienced ecological consultant. The
Page 61 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 results of the survey shall be submitted to and approved in writing by the local planning authority before any tree is removed. 12. No development shall commence until a bio-security risk assessment has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the details as may be approved. 13. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: a) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; b) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; c) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; d) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; e) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; f) Method for protecting retained trees during demolition works; g) Details of all proposed tree works, including felling and pruning. 14. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved. 15. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a five year Maintenance Plan and timescales for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 16. The vehicular parking and turning areas as shown on approved drawing(s) No(s). '007502-UV-EW-XX-DR-L-102 - CAR PARK' shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 17. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 70 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.
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REASON(S)
1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. In the interests of highway safety. 4. In order to ensure that the social fabric of the village is maintained. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure that the amenity of the surround occupiers is protected and to ensure that lighting does not impact upon species afforded protection in the planning system. 7. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system. 8. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. To ensure that the favourable conservation status of species afforded protection through the planning system is maintained. 10. In order to ensure that the development does not have an adverse impact upon species which are afforded statutory protection. 11. To ensure that the favourable conservation status of species afforded protection through the planning system is maintained. 12. To ensure that the favourable conservation status of species afforded protection through the planning system is maintained. 13. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 14. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 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. 17. To ensure that adequate visibility is provided at the proposed point of access to the highway. ______
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0968 FAWNOG FARM BERSHAM ROAD 14/10/2016 BERSHAM WREXHAM LL14 4HR COMMUNITY: CASE OFFICER: Esclusham DESCRIPTION: PF ERECTION OF STORAGE SHED FOR MACHINERY INCLUDING WARD: TRACTOR AND MOWERS AGENT NAME: Esclusham MR ROBERT APPLICANT(S) NAME: THATCHER MR ROBERT THATCHER
______
THE SITE
Location of proposed shed
PROPOSAL
Planning permission is sought for the erection of a shed for the storage of machinery in association with the maintenance of the land associated with Fawnog Farm. The building is proposed in a lower section of the site to the south west of the existing farm house.
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The proposed shed would measure 11 metres by 8 metres with an overall height of 3.9 metres.
HISTORY
None relevant to this proposal.
DEVELOPMENT PLAN
The site is located outside any defined settlement and within a Special Landscape Area. Policies PS2, GDP1 and EC5 are relevant.
CONSULTATIONS
Community Council: No objection. Local Member: Notified 18.10.2016 Site notice: Expired 17.11.2016 Highways: No objection subject to improvements to the existing access which were required by a previous planning approval to convert the former barns to residential use. Public Protection: Construction nuisance informative recommended. Neighbouring occupiers: Five neighbouring occupiers notified. One response received raising the following objections: - The shed is too far away from the other buildings on the site and this is a conservation area. It will encourage burglars to break in to it because it is so far away from the buildings. It should be nearer the house; and - There have already been instances of break-ins in the locality;
SPECIAL CONSIDERATIONS:
Visual Impact: The proposed shed would be located in a lower part of the site from the existing house accessed by a gated track which leads down from the former farm yard area of Fawnog Farm. I am satisfied that the shed will be of a reasonable size to cater for the needs of land management (i.e tractor lawn mower etc).
The site is within a special landscape area. Policy EC5 seeks to ensure that development is only permitted where the special landscape character of the area is not harmed. The building would consist of Juniper Green sheet box cladding and will be small in comparison to more traditional agricultural buildings. For this reason I do not consider that there will be an impact upon the character of the site or the wider area from distant public views.
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Highways: The Highways Officer has made reference to a scheme of residential conversion dating back to 2003 which required the improvement of the existing access and that there would be no objection to the proposal if these works were carried out. I do not consider that this issue is material to this application. The proposed building is for the storage of machinery associated with the management of the land. It would not result in a material increase in usage of the exiting access.
As an aside, this issue has been addressed by the granting of a planning application to vary the requirements of the 2003 planning application as mentioned by the Highways Officer.
Other matters: I acknowledge the points made in representations regarding site security. This would effectively be a site management issue. I do not consider that the building would be located so far from the existing dwelling that it would not be effectively managed and secured and is akin to a domestic structure within a domestic curtilage.
There are a number of trees around the footprint of the proposed building. I am satisfied that the closest affected tree is a conifer which is of no particular amenity value to the area. In any case the site is lower down in the site and the trees would not necessarily be seen from a wider public vantage point.
Conclusion: I am satisfied that the proposed development is acceptable and will not have an adverse impact upon the amenity of the neighbouring occupiers or the wider special landscape area. I recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 14 October 2016 and as contained within the application documentation.
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.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0992 GLENWYN BOARDING KENNELS 26/10/2016 DELPH ROAD ACREFAIR WREXHAM LL14 1TU COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: MP DEMOLITION OF EXISTING KENNEL AND CATTERY BUILDINGS AND WARD: REMOVAL OF STATIC CARAVAN AGENT NAME: Cefn (OFFICE), OUTLINE APPLICATION HERITAGE PLANNING TO ERECT 1 NO. PAIR OF SEMI- CONSULTANCY DETACHED DWELLINGS AND 2 NO. MISS ANNE LLOYD DETACHED DWELLINGS AND MORRIS ALTERATION TO LAYOUT OF EXISTING ACCESS DRIVEWAY
APPLICANT(S) NAME: MR & MRS DUDLEY
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SITE
Application site
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PROPOSAL
Outline planning permission is sought for the redevelopment of the existing kennels site for housing. 5 dwellings in total are proposed. Approval is sought at this stage for access, landscaping and layout.
HISTORY
No recent relevant history.
NATIONAL PLANNING POLICY
Planning Policy Wales, in particular:
Chapter 4: Planning for Sustainability Chapter 8: Transport Chapter 9: Housing
Guidance in the following Technical Advice Notes (TAN) is also relevant:
TAN1: Joint Housing Land Availability Studies TAN12: Design
DEVELOPMENT PLAN
Outside of settlement and within Green Barrier. Policies PS1, PS3, GDP1, EC1, H5 and T8 apply.
CONSULTATIONS
Community Council: No objections/observations. Local Members: Notified 31.10.2016. Councillor Derek Wright requests the application be reported to committee. Public Protection: Conditions recommended. Highways: Comments on amended plans: - The existing site consists of two separate accesses to serve the kennels and existing dwelling, although only one appears to be in regular use; - Visibility at both accesses is considered acceptable; - Although the proposals amended the location of the accesses slightly, visibility is still considered acceptable; - The access serving the four dwellings needs to be of adequate width (4.8m) to allow two cars to pass. This can be secured by condition; - Parking is concurrent with LPG16 maximum standards; - Conditions recommended.
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Welsh Water: Conditions recommended. NRW: No objection. Site Notice: Expired 24.1.16 Press Notice: Expired 3.12.16 Neighbours: The owners/occupiers of 3 nearby properties notified 3.11.2016. 1 representation received expressing the following concerns about the proposed dwellings: i) Loss of light to solar panels; ii) Overlooking/loss of privacy; iii) Need for a barrier to prevent damage to boundary wall; iv) Septic tank provision and access for emptying. Adjacent owner/occupier notified about amended plans 14.2.17
SPECIAL CONSIDERATIONS
Policy: The site in open country and within a designated Green Barrier. Policy H5 allows for housing development to take place outside of settlement limits through the conversion of suitable buildings, the subdivision of an existing dwelling, up to two dwellings on an infill plot, small scale affordable housing schemes on sites adjacent to a settlement limit and key rural worker housing. None of these apply to the proposals.
Policy H10 allows for the erection of a new dwelling to replace an existing dwelling in the countryside however there are no UDP policies that allow for buildings used for other purposes to be demolished and replaced by dwellings.
The site constitutes previously developed land and whilst policy PS3 and Planning Policy Wales are supportive of the re-use of previously developed land, paragraph 4.9.1 of PPW also recognises that not all previously developed land is suitable for development, for example due to the location of the site. I will comment on this matter in more detail below.
Housing Land Supply: Planning Policy Wales (paragraph 9.2.3) requires Local Planning Authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing.
In accordance with Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies (2015), because the UDP plan period has now expired Wrexham is unable to demonstrate whether it has a 5 year housing land supply or not. In such circumstances TAN1 (paragraph 6.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with development plan and national planning policies. In addition to the above, the emerging Wrexham Local Development Plan will need to make provision for around 8,460 new homes (this includes provision
Page 69 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 for a 10% contingency) to meet the housing needs of the County Borough over the 2013-2028 period. Taking into account existing deliverable supply this equates to a requirement for sufficient land to be brought forward for around 4,000 houses to be built. It is therefore clear that there is a need to significantly increase the supply of land available for housing in the County Borough. The need to increase housing supply is a material consideration that weighs in favour of this proposal.
Weight afforded to policies PS1 and H5: The existing settlement limits reflect the housing requirements identified in the UDP that were informed by migration led projecting, using mitigation trends from 1996. The LDP housing requirements are informed by far more up to date information. It will not be possible to meet the County Borough’s future housing requirements without the release of greenfield sites and in light of this, policy PS1 is now outdated and therefore afforded less weight in the determination of planning applications.
Planning Policy Wales (paragraph 9.3.6) advises that new residential development in the open countryside away from established settlements should be strictly controlled. The limited circumstances set out in policy H5 under which new dwellings in the open countryside may be permitted is in general conformity with PPW and therefore can be afforded significant weight in the determination of this application.
Green Barrier: Planning Policy Wales advises that the erection of new buildings in Green Wedges (which are synonymous with UDP Green Barriers) is inappropriate development unless it is for the following purposes:
• justified rural enterprise needs; • essential facilities for outdoor sport and outdoor recreation, cemeteries, and other uses of land which maintain the openness of the Green Belt or green wedge and which do not conflict with the purpose of including land within it; • limited extension, alteration or replacement of existing dwellings; • limited infilling (in those settlements and other development sites which have been identified for limited infilling in the development plan) and affordable housing for local needs under development plan policies; or • small scale diversification within farm complexes where this is run as part of the farm business.
There is no provision within either PPW or Policy EC1 for non-residential buildings within Green Barrier/Wedges to be replaced by new dwellings. None of exceptions to the otherwise strict controls set out in PPW regarding development in Green Barriers/Wedges apply in this instance and it is therefore inappropriate development. The development also will have an urbanising effect on the site and will harm the openness of the Green Barrier by virtue of the scale and height of the dwellings proposed. The proposals are in clear conflict with PPW and policy EC1.
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Planning Policy Wales advises that inappropriate development should not be granted planning permission except in very exceptional circumstances. The applicant has not provided me with any evidence that there are very exceptional circumstances to warrant departing from UDP policies in this particular case. Notwithstanding this, the need to increase the supply of land available for housing may be considered to be a very exceptional circumstance sufficient to outweigh the Green Barrier designation in some instances. However I do not believe this is the case with these proposals, particularly when regard is had to the location of the site and the proposed layout of the development. These are discussed in more detail below.
Sustainability: The site is 600m from Acrefair and around 900m from Llangollen Road, which is bus route. The Planning Statement suggests Acrefair is a 10 minute walk from the site, however other than a short section on the edge of Acrefair, Delph Road has no dedicated pedestrian provision or street lights. In my opinion it is very unlikely that future occupiers would walk from the site to access public transport or other services, indeed it would be unsafe for them to do so, particularly at night. The future occupiers of the site would be highly reliant upon the private car for most, if not all journeys. The site is therefore not in a sustainable location.
Paragraph 9.2.8 of PPW advises that when searching for sites to allocate for housing development, local authorities should start by with the re-use of previously developed land and buildings within settlements, then settlement extensions and then new development around settlements with good public transport links. Paragraph 9.2.9 advises that when allocating sites for housing, their accessibility by modes other than the car should be taken into account.
Whilst the above advice is primarily applicable to development plan preparation/review, in the absence of a 5 year housing land supply I consider it to also be relevant when assessing individual planning applications, particularly those that depart from UDP policies. The application site is clearly divorced from Acrefair and whilst the village is served by good public transport, the site itself is not, nor is the public transport serving the village easily accessible from the site. The proposed development therefore does not accord with PPW advice.
Layout: As already noted above, the development will have an urbanising effect on the site. The layout itself is also more reflective of a development found within a built up area, particularly the large communal parking area, which would be an unattractive feature, and will detract from the rural character of the locality.
The proposals generally accord with LPG21 advice in terms of separation distances both internally and in respect of neighbouring properties, and will also accord with the BRE daylight standards in respect of the neighbouring dwelling Meadow View. One plot is 18m to the rear of Meadow View, however the relative positions of the dwellings will limit direct overlooking. Overlooking could also be minimised if this matter is given further
Page 71 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 consideration when the detailed design of the dwelling is finalised at reserved matters stage. Overall I am satisfied that the site can be developed without prejudicing the amenity of neighbouring occupiers by way of loss of light, privacy or as a result of dwellings being overbearing. The layout would also afford occupiers of the development adequate amenity.
Access and parking: The proposed site access has adequate visibility in both directions. The proposed driveway giving access to the dwelling is 3m wide however it needs to be 4.8m wide to allow vehicles to enter and leave the site at the same time. The required width can be achieved with some minor amendments which could be secured by condition. I am therefore satisfied a safe means of vehicular access to serve the development can be provided.
The submitted plans provide for 12 spaces. The application does not provide any details about the number of bedrooms each dwelling will have however the on-site parking provision accords with the LPG16 maximum for 3 and 4 bedroom dwellings. Based on the footprint of each plot as well as the indicative dimensions of the dwellings (ridge height 8m), I consider it unlikely that they will have more than 4 bedrooms.
Ecology: The buildings are not suitable for use by bats and therefore the development is unlikely to prove detrimental to the maintenance of populations of bats at a favourable conservation status in its natural range.
CONCLUSION
The development lies in open countryside, will detract from the openness of the Green Barrier, will have an urbanising effect on the site and will detract from the rural character of the locality. It therefore does not accord with policies PS1, EC1, H5 and GDP1.
RECOMMENDATION: That permission be REFUSED
REASON(S)
1. The development is located outside of a settlement limit and located within a Green Barrier, which it will harm the openness of. The development therefore conflicts with policies PS1, H5 and EC1 of the Wrexham Unitary Development Plan. 2. The development will have an urbanising effect on the site and will detract from the rural character of the locality. It therefore conflicts with policy GDP1(a) of the Wrexham Unitary Development Plan.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1012 LLANERCH COTTAGE YR OCHR 27/10/2016 FRONCYSYLLTE WREXHAM LL20 7RS COMMUNITY: CASE OFFICER: Llangollen Rural DESCRIPTION: LP1 TWO-STOREY EXTENSION WITH BASEMENT WARD: AGENT NAME: Llangollen Rural APPLICANT(S) NAME: GBS DESIGN MR PAUL BIGNELL SERVICES MR GEOFF BROWN
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SITE
Detached property in Yr Ochr, Froncysyllte.
Proposed extension
PROPOSAL
Two storey extension with basement
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HISTORY
P/2006/0863 Extension and alteration to existing dwelling. Refused 23/08/2006 P/2006/1303 Extension to existing dwelling. Granted 11/12/2006 P/2008/0430 Renovation and extension to existing dwelling and erection of fence. Granted 27/05/2008 P/2017/0006 Temporary permission for retention of caravans for residential use for a period of 18 months. Granted 06/2/2017
DEVELOPMENT PLAN
Lies outside the settlement limit and within the Green Barrier, Special Landscape Area, AONB and the buffer zone for the World Heritage Site. Policies PS2, GDP1, EC5, EC1 and Guidance note 13 apply.
CONSULTATIONS
Community Council: Consulted 03/11/2016 Local Member: Notified 03/11/2016 Site Notice: Expired 25/11/16 Other Representations: One letter of support received stating that the extension is similar to that which was approved in 2008 but wishing to ensure that access and traffic movements are controlled given the narrow roads and ensure details about structure is acceptable. One letter of objection received raising the following concerns – • The extent of the design of the proposal. • The roads leading to the property are single track with difficult bends and in parts are not suitable for heavy vehicles and the carrying of building materials. • The owners have lived in caravans on the site for many years and have not yet implemented previous permissions or made the cottage habitable.
SPECIAL CONSIDERATIONS
Background: The property is a small cottage lying between two roads; the rear of the cottage is built into the hillside and the road behind rises above it. There have previously been structural problems with the hill behind the cottage which have affected the road, these have been remedied and the land is stable.
Given the topology of the site it is not possible to construct a rear extension and planning permission was granted in 2008 (P/2008/0430) for a two storey
Page 74 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 side extension to the left of the property as shown below. This extension projects forward of the original cottage by 4m.
Original Property
2008 approved permission
This permission has been commenced with the construction of the element to the right of the property. The property lies in the open countryside and whilst the approved extension will result in more than a one third increase in floor space it was considered acceptable in this instance given the very small size and internal dimensions of the original cottage.
The majority of the cottage is not habitable or suitable for the applicant’s current needs and they are residing on the site in static caravans. The applicants have recently been granted temporary planning permission (reference P/2017/0006) for these to be retained on site until 30 June 2018 at which point it is hoped that the proposed extension will be completed and the caravans can be removed.
Current Proposal: The current application is for an extension based on the same floorprint as the approved permission, however with a basement element and a first floor added to the left of the property as shown on the illustration below.
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This application has been amended from the original submission by altering the pattern of the dormer windows and the pitch of the roof. This has improved the appearance of the side elevation of the proposals and is now more in keeping with the original cottage style of the property; however concerns remain about the overall scale of the proposal.
Applicant’s statement: A pre-application enquiry was made in 2014 regarding this proposal with a design that is similar to that which has been submitted. The advice that was received at the time was that while the extension is bigger than the maximum recommended in LPGN 13 it was not considered that the extension would be detrimental to the character and appearance of the area and that the addition of the first floor element over the previously approved single storey element would have minimal impact upon the appearance of the site when viewed from the public highway.
The application was submitted on the basis of the advice received and the proposed size of the extension is essential for their growing family.
Pre-application advice is not binding on the Council to make a favourable decision and in this instance upon further consideration the massing of the building is not considered acceptable.
Design and impact on World Heritage Site: The property lies above the WHS and within the buffer zone and forms part of its wider landscape setting. As such the impact of development upon the setting, authenticity and integrity of the site is a material consideration.
The site lies above Quarry Road which leads to the property and is largely screened by trees however it is considered that the length and massing of the building will adversely affect the character of the original building as well as having a dominant effect upon the wider landscape as the extension is not subsidiary to the existing property.
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It is accepted that the proposed basement will have minimal impact overall on the appearance of the dwelling given the existing screening and limited views from the road. However, amended plans have been requested to reduce the overall impact of the massing of the building by reducing the end bay to a single storey element similar to the approved permission. Additionally the large patio windows should be realigned and divided into three bays to better reflect the existing window pattern.
The applicant does not wish to make the proposed changes and would like the application considered on the basis of the plans already submitted.
Amenity: The property is relatively isolated from nearby properties and there are no adverse impacts in relation to any neighbouring houses.
Parking and access: The property lies on a steep hill which is accessed by roads, which in part are single track. Whilst this may make deliveries difficult this is not a planning consideration and is a matter which the applicant will need to take into account during the development.
There are currently two vehicle accesses to the site, one on the corner of the two roads and one further along the higher road by the site of the caravans. There are sufficient parking areas at both of these accesses for 4 cars.
CONCLUSION
It is accepted that an extension larger than would normally be permitted within the open countryside should be allowed given the extremely small footprint of the original cottage, however the overall length and massing of the proposed extension detracts from the original cottage. The proposal can therefore not be supported in its current form.
RECOMMENDATION: That permission be REFUSED
REASON(S)
1. The proposed extension by virtue of its size and massing has a detrimental impact upon the character of the original property and the wider setting of the World Heritage Site contrary to Policies GDP1 and EC5 of the Wrexham Unitary Development Plan.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1032 17 CHESTER ROAD GRESFORD 04/11/2016 WREXHAM LL12 8NB COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: PF CHANGE OF USE FROM RETAIL (A1) UNIT TO HOT FOOD OUTLET WARD: (A3) AGENT NAME: Gresford East & West BLUEPRINT APPLICANT(S) NAME: ARCHITECTURAL MR J RICE-JONES BRESFORD SERVICES LTD ADAMS COMMERCIAL MR STEVEN ELTHAM
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THE SITE
SITE – hatched area denotes District Shopping Centre
PROPOSAL
As above.
HISTORY
CB552 – Single storey rear extension to shop. Granted 7.11.1996
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DEVELOPMENT PLAN
The site is located within an existing settlement limit and a District Shopping Centre as defined by the Wrexham Unitary Development Plan. Policies PS2, GDP1, S5 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 816 – Parking Standards.
CONSULTATIONS
Community Council: Object for the following reasons: • Lack of parking to the front of the site, litter, late night opening/unsocial hours, as the village business area is also a residential area, increased traffic; • An additional fast food outlet in this location would be disproportionate given that there are already a number of food outlets in the village and is reaching saturation. There are concerns about what this would mean for the character of the village and there are concerns as the hours of opening are not stipulated; and • The frontage of the building would need to be kept and any signage in keeping with the character of the village. Local Member: Requests the application be presented to the Planning Committee in anticipation of a large number of objections to the proposed development. Site notice: Expired 13.12.2016 Highways: The proposal will result in the same maximum parking demand as the existing use in accordance with LPG16 – an increase in parking demand is unlikely to occur. There are no objections to the development. Public Protection: Conditions relating to air handling equipment and construction nuisance conditions are recommended. Neighbouring occupiers: Six neighbouring occupiers notified. One representation received raising the following points: • There is a significant number of existing food outlets in the village of Gresford which sell food throughout the day. The impact of having so many places serving food in a small locality will be detrimental to the village itself through instances of litter.
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• There are a limited number of shops in the village. It is in the interest of the village to have a range of goods and services rather than a saturation of food outlets; and • Gresford is a place that has a large elderly population who rely on local shops for their day to day needs.
SPECIAL CONSIDERATIONS
Policy: The site is located within a defined settlement limit and within the Gresford District Shopping Centre (DSC). The site is located at the heart of Gresford where there is a grouping of commercial properties.
Policy S5 deals with appropriate development within the DSC. Changes of use will only be permitted which will not adversely affect the vitality and viability of these centres.
The applicant has submitted a statement with the application confirming that the owner of this site is seeking to broaden the possible uses for the unit, having failed to seek a tenant as a retail use or sustain previous retail tenancies. Whilst there are a number of existing food outlets in the DSC, there are also a range of retail facilities including a bakery, general grocery, pharmacy, travel agent and beauty salon. Where this planning application to be granted, it would not preclude the letting of the unit to a potential retailer. It is also a permitted change to revert from an A3 use to an A1 use. I am also mindful of the land owners failed attempts to let the unit for A1 purposes.
For these reasons I do not consider that to allow the proposed would cause detriment to the viability and vitality of the DSC.
The use of the site for A3 purposes would include hot-food takeaways. I am satisfied that the site is more than 400 metres away from the nearest school and would accord with the aims of LPG9 in seeking to discourage school children from utilising such facilities.
Amenity: Concerns have arisen from the Community Council regarding the impact of an A3 use in this location having a detrimental impact upon the amenity of surrounding occupiers and the general condition of the village centre. There are various commercial uses in the DSC ranging from existing food outlets, retail uses and a public house. I have no reason to believe that such a change of use would add to any existing problems in terms of litter. On observation, I do not consider that the existing situation is any worse than any other location where there are an accumulation of commercial uses.
I am also satisfied that the change of use would not have a detrimental impact upon the amenity of residential occupiers. The upper floors of the buildings appear to be residential which is a common occurrence in such locations. Public Protection has recommended a condition to ensure that any air
Page 80 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 handling equipment operates at a level as not to cause noise disturbance to such occupiers. I therefore have no reason to believe that the change of use would be detrimental to the amenity of neighbouring occupiers or the wider environmental character of the village.
Highways: Highways have assessed the proposed use against the existing in terms of parking demand. LPG16 would require a maximum of 6 off road parking spaces which is the same as the current permitted use. In this regard it is not considered that the proposed use would generate a material increase in traffic movements. Additionally there are ‘pull in’ parking spaces to the site frontage which serve the application site and the neighbouring commercial units.
Conclusion: I am satisfied that the proposal to use the building for A3 purposes would accord with local planning policy and guidance. I recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 4 November 2016 and as contained within the application documentation. 3. No part of the development shall commence until details of the means of ventilation for the extraction and dispersal of cooking smells, including details of its method of construction, odour control measures, its appearance and finish have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to first use of the development and shall thereafter be permanently retained in an effective condition. 4. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 5. No customers shall be admitted to the premises or deliveries made from the premises before 0800 or after 23.30 on any day.
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.
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3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. 5. To protect the amenities of the occupiers of nearby properties.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1127 TESCO ROUNDABOUT WELL 12/12/2016 STREET CEFN MAWR WREXHAM LL14 3AE COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: PF DISPLAY OF NON-ILLUMINATED FREE STANDING POLE / MOUNTED WARD: LOCAL TRADER SIGNAGE AGENT NAME: Cefn BAYNON PROPERTY APPLICANT(S) NAME: SERVICES MR DAVID METCALFE BAYNON MR DAVID METCALFE PROPERTY SERVICES
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THE SITE
Conservation Area
Proposed sign position
PROPOSAL
Outdoor advert consent is sought for the erection of a composite sign to advise of the location of businesses/traders in the centre of Cefn Mawr. The free standing sign is proposed on the edge of the highway on the roundabout junction with Well Street and Oxford Street. It would measure 3.5m high by 1.5m wide.
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HISTORY
P/2016/0315 Display of non-illuminated pole mounted sign. Refused and dismissed at appeal.
DEVELOPMENT PLAN
The site is located within a settlement limit as defined by the Wrexham Unitary Development Plan. Policies PS2 and GDP1 of the Wrexham unitary Development Plan are applicable. Guidance is contained in Local Planning Guidance Note 1 – Adverts and Welsh Government TAN7 – Outdoor Advertisement Control.
CONSULTATIONS
Community Council: The Community Council favour additional signage in the village but object to signage proposals which are not compatible with current signs in place. The Council would like to see a standard sign which is in line with the World Heritage site signage. Local Member: Cllr D. Taylor – Would advocate that planning permission is granted to increase footfall through the village. Footfall has reduced since Tesco opened and the WHS designation did not include Cefn Mawr. Cllr D. Wright – any signage should ensure they are compatible with the present signs already in place from the village centre to the WHS in Trevor. Site notice: Expired 13.1.2017 Highways: Consulted 15.01.2017 Neighbouring occupiers: One representation received raising the following points: - The last thing needed on this dangerous roundabout is a distraction to motorists. A more safer and suitable option should be found.
SPECIAL CONSIDERATIONS
Background: Advert consent was refused by the Council earlier in 2016 for the erection of a similar sign. This was on the grounds of the impact of the signage upon highway safety and the visual amenity of the area by way of an incongruous structure in the streetscene. The applicant subsequently appealed this decision, however the Planning Inspectorate dismissed the appeal agreeing with the Council’s original reason for refusal. The application now presented shows a sign of the same scale as previously refused and dismissed at appeal. The sign colour has changed from blue to brown. A comparison of the two signs is shown below.
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Sign previously refused and dismissed at appeal (P/2016/0314)
Sign under consideration
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National planning guidance is clear that the Council can only consider matters of visual amenity and public safety when determining applications for advert consent. The previous decision of the Planning Inspectorate is a significant material consideration in this instance.
Amenity: The Planning Inspectorate considered that… ‘[the sign] would be located in a prominent position at the entrance to (but outside) the Conservation Area. There is an existing Tesco advance sign nearby. Whilst the proposal would be slightly smaller, it would be in close proximity and would lead to two large signs in this prominent location.’ The inspector went on to say… ‘the proposed location and design would result in an incongruous structure in the streetscene. Approval could lead to pressure for other signs, which would increase the visual clutter in the streetscene. I consider that this sign, adjacent to the Conservation Area, would be detrimental to visual amenity because of its scale, position and juxtaposition with an existing large sign’.
As mentioned above, the only difference between the sign previously considered and as no proposed is the colour, the font and imagery on the sign. There is no difference in the scale and form of the sign. I therefore conclude that the proposed sign will detrimental to visual amenity because of its scale, position and juxtaposition with an existing large sign as concluded by the Inspector.
Public safety: The sign is located on the roundabout junction with Well Street, Oxford Street and Waterloo Place. In this current application, the sign appears to have been set back from the highway boundary. As such, I do not consider that the sign will impede visibility on this roundabout junction.
Conclusion: I am satisfied that the proposed sign will be visually detrimental to the character of the streetscene and will result in an inappropriate proliferation of signage. This stance has been supported by the Planning Inspectorate and I recommend accordingly.
RECOMMENDATION: That Advertisement Consent be REFUSED
REASON(S)
1. The signage, by reason of its position, scale and form would represent an inappropriate structure ultimately resulting in the proliferation of street clutter which would not make a positive contribution to the streetscene. The proposal is therefore contrary to policy GDP1 of the Wrexham Unitary Development Plan.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1128 FESTIVAL FIREWORKS CRANE 12/12/2016 STREET CEFN MAWR WREXHAM LL14 3AB COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: PF DISPLAY OF NON-ILLUMINATED FREE WALL MOUNTED LOCAL WARD: TRADER SIGNAGE AGENT NAME: Cefn BAYNON PROPERTY APPLICANT(S) NAME: SERVICES MR DAVID METCALFE BAYNON MR DAVID METCALFE PROPERTY SERVICES
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THE SITE
Proposed sign position Conservation Area
PROPOSAL
Outdoor advert consent is sought for the erection of a composite sign to advise of the location of businesses/traders in the centre of Cefn Mawr. The free standing sign is proposed on the edge of the highway on the junction with Hill Street and Crane Street. It would measure 3.5m high by 1.5m wide.
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HISTORY
P/2016/0314 Display of non-illuminated pole mounted sign. Refused and dismissed at appeal.
DEVELOPMENT PLAN
The site is located within a settlement limit and the Cefn Mawr Conservation Area as defined by the Wrexham Unitary Development Plan. Policies PS2, GDP1 and EC7 of the Wrexham unitary Development Plan are applicable. Guidance is contained in Local Planning Guidance Note 1 – Adverts and Welsh Government TAN7 – Outdoor Advertisement Control.
CONSULTATIONS
Community Council: The Community Council favour additional signage in the village but object to signage proposals which are not compatible with current signs in place. The Council would like to see a standard sign which is in line with the World Heritage site signage. Local Member: Cllr D. Taylor – Would advocate that planning permission is granted to increase footfall through the village. Footfall has reduced since Tesco opened and the WHS designation did not include Cefn Mawr. Cllr D. Wright – any signage should ensure they are compatible with the present signs already in place from the village centre to the WHS in Trevor. Site notice: Expired 13.1.2017 Highways: No recommendations. Neighbouring occupiers: Three neighbouring occupiers notified.
SPECIAL CONSIDERATIONS
Background: Advert consent was refused by the Council earlier in 2016 for the erection of a similar sign. This was on the grounds of the impact of the signage upon the visual amenity of the area by way of an incongruous structure in the streetscene and the impact upon the character of the conservation area. The applicant subsequently appealed this decision, however the Planning Inspectorate dismissed the appeal agreeing with the Council’s original reason for refusal. The application now presented shows a sign of the same scale as previously refused and dismissed at appeal. The sign colour has changed from blue to brown. A comparison of the two signs is shown below.
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Sign previously refused and dismissed at appeal (P/2016/0315)
Sign under consideration
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National planning guidance is clear that the Council can only consider matters of visual amenity and public safety when determining applications for advert consent. The previous decision of the Planning Inspectorate is a significant material consideration in this instance.
Amenity: The Planning Inspectorate considered that… ‘[the sign] represents an incongruous structure in a prominent position within the Conservation Area’. The Inspector also considered that ‘…the size and design of the proposed sign leads me to conclude that it would be detrimental to both the character and appearance of the Conservation Area and the visual amenity of the area. Approval could lead to pressure for other signs within the Conservation Area that would result in unnecessary street clutter and further detrimental effects on the Conservation Area’.
As mentioned above, the only difference between the sign previously considered and as now proposed is the colour, the font and imagery on the sign. There is no difference in the scale and form of the sign. I therefore conclude that the proposed sign will detrimental to visual amenity because of its scale and position and would be detrimental to the character and appearance to the Conservation Area and visual amenity of the area as concluded by the Inspector.
Public safety: The sign is located adjacent to a high brick elevation of the neighbouring building. It would not interfere with the passage of pedestrians and motorists. As such, I do not consider that the sign will be detrimental to public safety.
Conclusion: I am satisfied that the proposed sign will be visually detrimental to the character of the streetscene and harm the character and appearance of the Conservation Area. This stance has been supported by the Planning Inspectorate and I recommend accordingly.
RECOMMENDATION: That Advertisement Consent be REFUSED
REASON(S)
1. The signage, by reason of its position, scale and form would represent an inappropriate structure ultimately resulting in the proliferation of street clutter which would not make a positive contribution to the street scene of the Conservation Area. The proposal is therefore contrary to policy GDP1 of the Wrexham Unitary Development Plan.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1145 J R WEBSTERS AND CO LTD 15/12/2016 REDWITHER ROAD WREXHAM INDUSTRIAL ESTATE WREXHAM COMMUNITY: LL13 9RD CASE OFFICER: Isycoed SEH DESCRIPTION: DEMOLITION OF EXISTING WARD: OUTRIGGER AND NEW EXTENSION AGENT NAME: Holt TO REAR BLUEPRINT ARCHITECTURAL APPLICANT(S) NAME: SERVICES LTD J R WEBSTERS AND CO LTD MR STEVEN ELTHAM
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THE SITE
Proposed Extension
Proposed formalised parking area
PROPOSAL
As above
HISTORY
P/2012/0480 Construction of Authorised Test Centre and change of use of existing building to HGV workshop. Granted 08.08.2012.
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DEVELOPMENT PLAN
Within defined settlement limit. UDP Policies PS2, T8, and GDP1 apply. Local Planning Guidance Note Nos. 16 ‘Parking Standards’ is also relevant.
CONSULTATIONS Community Council: Consulted 10/01/2017 Local Member: Notified 10/01/2017 Highways: No objection subject to conditions (see special considerations below). NRW: No objection provided that the Council are satisfied that there will be no impact upon bats or Great Crested Newts (see special considerations below). Public Protection: No objection subject to standard conditions. Welsh Water: No objection subject to standard conditions. Site Notice: Expired 31/01/2017 Neighbours: 1 letter received raising the following concerns: • Vehicular access is inadequate to serve the increased traffic generated by the proposed development; • Not enough on-site parking; • The construction phase of the development will impact upon existing local business causing access delays to customers and businesses to lose money due to lost customers.
SPECIAL CONSIDERATIONS/ISSUES
Design and Appearance: The proposed extension is to the rear elevation of the existing building. The extension is in keeping with the existing building and although higher and clearly visible from the public highway, the development would not have an adverse impact upon the character and appearance of the area.
Highway Safety: The proposed development site is located on Redwither Road which is a classified road subject to a 40mph speed limit. There are two vehicular access points to the east and west of the site. Visibility from both these access points accord with TAN 18 in both directions.
The access to the west is shared with the HGV MOT / Workshop to the rear of the site. The planning permission for this MOT centre (P/2012/0480) included a condition to secure improvements to this access (increased width and surfacing). These works have not been carried out and this breach of condition is the subject of a current planning enforcement case.
There are currently no formal parking spaces on site. LPGN 16 requires a maximum of 22 no. parking spaces for both the existing building and proposed development. Proposed are 16 no. parking spaces. Although this is below
Page 92 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 the maximum standard, given the improvements to the area that the proposed formalised parking arrangements would bring, there are no objections to the shortfall of 6 parking spaces.
Ecology: It is proposed to demolish an existing outrigger to make way for this development. The Council’s ecologist has visited the site and confirmed that there is no potential for a bat roost within the existing structure. The extension will be entirely on existing hardstanding and there are no concerns in relation to the impact upon great crested newts, or any other ecological concerns with the development.
Other Matters: There is an MOT Centre to the rear of the site which shares the access with the development site. Concern has been raised in relation to the impact that the development phase will have upon customer access to the MOT Centre. Any such interference will be within the site and is therefore a private matter between land owners and is not a relevant planning consideration.
Conclusion: The proposed development accords with local planning policy and would not be detrimental to highway safety. The proposed extension is acceptable in terms of scale and design and I recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered refs: JI 20/003 Rev A, JI 20/004 Rev B and contained within the application documentation. 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). ref: JI 20/004 Rev B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 5. The existing fence along the southern boundary to the rear of the site shall not be removed or reduced in height to below 1.8 metres. 6. The development shall be laid out in strict accordance with the approved floor plan ref: JI 20/003 Rev A and no part of the premises shall be used except for the precise purposes described in the application plans and documents. For the avoidance of doubt, the A1 retail element shall be wholly contained within the area outlined in green on the approved floor plan.
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7. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 8. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. No development shall take place within 3 metres either side of the public sewer which crosses the site.
REASON(S)
1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To protect the amenities of the occupiers of nearby properties. 6. To ensure that adequate parking facilities are provided and maintained within the curtilage of the site in the interests of the free flow of traffic, highway safety and the amenities of the locality. 7. To protect the amenities of the occupiers of nearby properties. 8. To protect the amenities of the occupiers of nearby properties. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. To protect the integrity of the public sewer and avoid damage thereto.
NOTE(S) TO APPLICANT
The applicant is advised that compliance with condition no. 7 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.
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The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.
The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.
Any waste excavation material or building waste generated in the course of the development should be disposed of satisfactorily in accordance with duty of care requirements under section 34 of the Environmental Protection Act 1990. The waste should be transported using registered waste carriers to suitably permitted or exempt sites. Transfer notes should be kept for each load for a minimum of 2 years. ______
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1146 FORMER WALNUT TREE 130 08/12/2016 RHOSDDU ROAD WREXHAM LL11 2NF COMMUNITY: CASE OFFICER: Rhosddu DESCRIPTION: PF VARIATION OF CONDITION NO 11 IMPOSED UNDER PLANNING WARD: PERMISSION P/2012/0279 TO AGENT NAME: Grosvenor ALLOW OCCUPANCY IN LINE WITH UNISTAY (WALNUT HMO LICENCE (21 PERSONS) TREE) LTD MR PETER BYRON APPLICANT(S) NAME: MR PETER BYRON UNISTAY (WALNUT TREE) LTD
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THE SITE
SITE
PROPOSAL
As above.
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HISTORY
P/2011/0704 Change of use of former public house to house in multiple occupation (HMO). Granted 07.11.2011 P/2012/0278 Two storey rear extension. Withdrawn. P/2012/0279 Two storey extension to side. Granted 22.06.2012
DEVELOPMENT PLAN
The site is located within a defined settlement. Policies PS2, GDP1, H4 and T8 are relevant. Guidance is contained in Local Planning Guidance Notes 5 - Houses in Multiple Occupation and 16 – Parking Standards.
CONSULTATIONS
Community Council: - The Community Council objects. - The Community Council was under the impression that the permitted residential use was to be solely for students but when permission was granted there was no condition or restriction limiting the use to students; - The distinction between student occupation and general purpose occupation is important in relation to vehicular access from the premises on to Prices Lane. The access from the parking area to the rear of the application site on to Prices Lane, is a matter of feet from the junction with Rhosddu Road / New Road. Consequently, there is a problem if there are a couple of cars on Prices Lane trying to get on to Rhosddu Road. Cars cannot get out from the Walnut, and cars from Rhosddu Road / New Road cannot get in to the Walnut, and this can cause a tailback on to Rhosddu Road / New Road; - The Community Council has been made aware of complaints regarding the premises to the Police and to Environmental Health regarding smells and rubbish from the property. An increase in occupancy would increase the problems. Approving the application would be detrimental to the amenity of nearby residents. Local Member: - The proposal is likely to increase vehicle use at the site which is not suitable in close proximity to a busy junction; - There have been issues with tenants and the effect on the surrounding area;
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- Are the existing room single occupancy? - As a town centre Member, is concerned about the growth in the number of HMOs within the town centre and the pressure it can put on services; and - Permission should be refused and a restriction put on for it to be students only. Site notice: Expired 13.1.2017 Highways: No recommendations. Public Protection: No comments. Housing Officer: The building has a HMO licence for up to 21 persons following improvements to kitchen facilities in 2015. Neighbouring occupiers: 11 neighbouring occupiers notified. Two representations received raising the following points: - Concerned because of fear ex-offenders will be placed here without the local people being properly informed. Residents have a right to be consulted; - Here is a chance for the Council to try to take a constructive stance on the Rhosddu problem; and - In view of drug and alcohol problems in Rhosddu this is the worst place to put ex- offenders;
SPECIAL CONSIDERATIONS
Background: Planning permission was granted in 2011 for the conversion of the former Walnut Tree public house (A3) to a House in Multiple Occupation (HMO). The permission allowed for the creation of 15 letting rooms with communal kitchens and dining rooms on both floors.
In 2012 a planning application was approved for a two storey side extension which resulted in the provision of 21 bedrooms. At that time, the Housing Licencing Department raised concerns that the proposed layout would not provide for sufficient kitchen space for 21 single occupants. The layout as proposed for an occupation of 21 persons was acceptable from a planning perspective but was restricted by planning condition to a 20 person occupation to be in line with the HMO licence requirements.
Residential amenity: The building is detached and separated from other properties by highway on three sides and a car park to the rear of the building. I do not consider that to allow the increase occupation of the building by one additional person would adversely affect the amenity of the neighbouring occupiers.
Highways do not make any observations or recommendations. There is considered to be no additional impact of the occupation by one additional
Page 98 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 person upon highway safety. The site does have a car park. In accordance with LPG16, the current occupancy requires 10 spaces (one space per 2 bed spaces). The proposal will not require an additional space to be provided. Besides, the site is located within a town centre where LPG16 does indicate that a reduced level of parking provision is possible because of the sustainable position of the site.
Policy H4 of the UDP establishes the principle of dwelling subdivision. The following criteria of policy H4 are applicable: a) sub-division is possible without major alterations, extensions, or additional new buildings which would significantly alter the character of the original dwelling; and b) proposals accord with Policy GDP1; and c) adequate private open space is available. d) the proposal would not result in the over-concentration of Houses in Multiple Occupation (HMO) to the detriment of crime levels, the social fabric of the area, and the amenity of existing residents.
Criteria a), b) and c) are met. The main issue raised in objections relates to whether to allow the increased occupation by one person would result in increased crime levels or impact the social fabric of the area or the amenity of existing residents. The principle of the use of the building has already been accepted by allowing the conversion of the public house and the subsequent increase in occupation following the extension.
I am aware that there have been reports recently regarding significant anti- social behaviour problems in the area and that problems stem from the occupants of the application site. However, I have no evidence to suggest that the entire occupants of the building (if any) are solely responsible for anti- social behaviour in the immediate area. The building is already an established HMO and licensed for the numbers proposed. To allow the occupation of the building by one additional person is unlikely to represent any additional impact upon the social fabric of the local area and will not cause harm to the amenity of the neighbouring occupiers.
Reference has also been made in representations that the change of use of the building was proposed purely for students. This is not the case - the building has planning permission for an unrestricted tenancy type. Reference was made in the 2011 application supporting documentation to the proposed use of the building for student and HMO accommodation. It is not possible to further restrict the tenancy type and there is no justification to do so.
There is no reference in the application documentation that the building is currently or is proposed to be used specifically for the housing of ex-offenders or those in need of rehabilitation into the community. The existing and
Page 99 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 proposed planning permission would not preclude such occupation and it would not be possible to preclude such occupation by planning condition.
Conclusion: The use of the site as a HMO has previously been accepted twice before from establishing the principle of the pub conversion and allowing an extension. There is insufficient evidence or other justification to suggest that the occupation of the building by one additional person (in line with the HMO license) would result in a significant change to the social fabric of the area than the current situation. There would be little impact upon amenity or highway safety. I therefore recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The vehicular access approved as part of planning permission P/2012/0279 shall provide visibility splays of 2.4 metres x 18 metres to the south west and 2.4 metres x 37 meters to the north east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 2. The site shall continue to be laid out in strict accordance with layout plan(s) No. U002/014C approved as part of planning permission P/2012/0279. 3. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 4. The two existing Walnut Tree emblems above the two small windows on the existing from (Rhosddu Road) elevation shall be retained on the building. 5. The building shall accommodate a maximum of 21 persons.
REASON(S)
1. In the interests of highway safety. 2. In the interests of highway safety. 3. In the interests of highway safety. 4. To provide a record of the previous use of the building in the interests of visual amenity and architectural history. 5. In the interests of highway safety, the amenities of the occupiers of the building and the nearby properties.
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APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0038 LAND EAST OF MAESTEG 17/01/2017 GWYNFRYN WREXHAM LL11 5YU COMMUNITY: CASE OFFICER: Minera DESCRIPTION: SEH AMENDMENTS TO PLOTS NOS 1 AND 2 (PREVIOUSLY GRANTED WARD: UNDER CODE NO P/2015/0613) AGENT NAME: Minera W D STANT LTD APPLICANT(S) NAME: MR JOHN HAUGHTON MR JOHN HAUGHTON W D STANT LTD
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THE SITE
Dwellings to be amended
Dwellings almost complete
PROPOSAL
As above
HISTORY
P/2010/0220 Outline application for residential development. Granted 04.05.2010. P/2014/0186 Full application for residential development. Refused 05.12.2014 Appeal Dismissed 26.06.2015.
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P/2015/0613 Erection of 5 dwellings. Granted 04.01.2016.
DEVELOPMENT PLAN
Within defined settlement limit. UDP Policies H2, T8, T9, EC4, EC5 and GDP1 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’, 21 ‘Space around Dwellings’ are also relevant.
CONSULTATIONS Community Council: Consulted 19/01/2017 Local Member: Notified 19/01/2017 Highways: Planning conditions attached to P/2015/0613 remain valid. Welsh Water: Consulted 19/01/2017 NRW: No objections Public Protection: Planning conditions attached to P/2015/0613 remain valid. Site Notice: Expired 13/02/2017 Neighbours: 1 letter received raising the following concerns: • The development is an eyesore; • The additional traffic generated by the development is dangerous.
SPECIAL CONSIDERATIONS/ISSUES
History: The planning committee granted planning permission back in 2016 (P/2015/0613) for the residential development of this site. The approved scheme has already commenced and 3 of the 5 dwellings are almost complete. Due to the sloping nature of the site, the developer has experienced some unforeseen difficulties building to the approved site levels for the remaining 2 plots yet to be constructed. This application therefore seeks approval of amendments to the site layout and levels as previously approved.
The residential development of this site has already been established and so there can be no objection in principle to the development. The main issues to consider relate to the impact of the amended site layout upon visual and residential amenity, and upon highway safety.
Design and Appearance: The proposed dwellings continue to reflect existing housing layouts in the area and would make a positive contribution to the appearance of the area. The previously approved and amended elevations are provided below at figures 1 and 2. You will note that there is a change in floor levels between the two plots and obscure glazing has been proposed on the front elevation of Plot 2 (see residential amenity section below for further details). The landscaping buffer areas are still proposed as before and are aligned with the local road network.
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Figure 1. Elevations approved as part of P/2015/0613
Figure 2. Proposed Elevations
Residential Amenity: The amended site layout and elevations demonstrate that the site is capable of supporting the 2 no. remaining dwellings as proposed whilst providing on-site parking in accordance with LPGN No.16 (2 spaces for each 2 bedroom dwelling), and garden space in accordance with adopted standards contained within LPGN No.21.
Planning permission for 5 dwellings on this site was originally refused in 2014 (P/2014/0186). One of the reasons for this refusal was over intensive layout of the site. An Appeal against this decision was subsequently made. The Inspector did not agree with the Council and in making his decision, accepted that a separation distance of 16 metres between the proposed dwellings was adequate.
Due to the unforeseen difficulties with the site levels that the developers have now experienced, and to avoid construction of significant retaining walls within the site, it is proposed that the 2 remaining dwellings be brought closer to those 3 units already constructed on site by 4 metres. This reduces the separation distance to 12 metres. In order to safeguard against overlooking between the dwellings, obscure glazing to the front elevation of Plot 2 is proposed. There is to be partial obscure glazing to the ground floor which will still allow for outlook from this habitable room without overlooking the dwelling opposite. Full obscure glazing is proposed to the first floor bathroom and
Page 103 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 secondary window to a bedroom (the primary window is on the side elevation). In light of these changes I can confirm there would be no significant loss of light or privacy. Despite the reduced separation distances this amendment does provide an improvement in terms of overlooking and loss of privacy as there were no measures to obscure glazing in the original permission. It also ensures the much needed provision of 2 affordable housing units in this location.
Highway Safety: The highway authority has been consulted. As the changes do not significantly affect the highway layout there are no other recommendations other than to attach the same conditions as were attached to the previous permission (P/2015/0613).
Conclusion: The proposed development remains in accordance with local planning policy and I recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered refs: 101 Rev D, 102 Rev L, AL (0) 20 Rev X, 3597/523 Rev A and contained within the application documentation. 3. The dwellings shall be constructed of the same facing and roofing materials as approved under planning application ref: P/2016/0800. 4. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the building. 5. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 102 Rev L shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 6. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 7. The landscaping scheme submitted and approved in connection with condition no. 6 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme.
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8. The landscaping scheme as carried out in connection with condition no. 7 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs of similar size and species to those originally required to be planted and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 9. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 10. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the details approved as shown on approved plan ref: 3597/532 Rev A. 11. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of planning application ref: P/2016/0800 have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 12. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 13. The development shall be carried out in strict accordance with the provisions of the Construction Traffic Management Plan approved as part of planning application ref: P/2016/0800. 14. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 15. The development shall be carried out in strict accordance with the methodology, findings and recommendations contained within the Ecological Assessment prepared by TEP, referenced 5049.002 and dated March 2015 approved as part of planning permission ref: P/2015/0613. 16. Within 3 months of commencement of development, a perimeter and internal boundary treatment scheme, to include further details of the proposed crib lock wall, shall be submitted to and approved in writing by the local planning authority. The scheme as approved shall be fully implemented prior to first occupation of the site and shall thereafter be permanent retained. 17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, F, G, of Schedule 2 Part 1; or Classes A or B of Schedule 2 Part 2 other than the development hereby granted permission. 18. The windows on the front elevation of Plot 2 shall only glazed or re- glazed using obscure glass in accordance with approved plan ref: 102 Rev L and shall thereafter be permanently retained as such.
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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 protect the amenities of the occupiers of nearby properties. 5. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To protect the amenities of the occupiers of nearby properties. 10. To ensure satisfactory drainage of the site and to avoid flooding. 11. In the interests of the amenities of the future occupants of the buildings 12. To ensure that adequate visibility is provided at the proposed point of access to the highway. 13. In the interests of highway safety. 14. In the interests of highway safety. 15. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 16. To protect the amenities of the future occupiers of the development and to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure that the development fully complies with the appropriate policies and standards and to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
Further advice on compliance with condition no. 11 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.
The applicant is advised that compliance with condition no. 9 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance
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Complaints and legal action may be taken where appropriate.
The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.
Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:
- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.
To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Environment and Planning Department on 01978 315300 for further advice and information.
The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.
The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication ""Sewers for Adoption""- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com
The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011.
Page 107 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. ______
Page 108 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0045 101 BANGOR ROAD JOHNSTOWN 19/01/2017 WREXHAM LL14 2SS COMMUNITY: CASE OFFICER: Rhos DESCRIPTION: LP1 TWO-STOREY SIDE EXTENSION
WARD: APPLICANT(S) NAME: AGENT NAME: Johnstown MR LIAM JONES DMS ARCHITECTURAL SERVICES MR DAVID SELVEY
______
SITE
Detached property on Bangor Road, Johnstown
Two storey side extension
PROPOSAL
Two storey side extension to property
Page 109 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
HISTORY
None relevant
DEVELOPMENT PLAN
Lies within settlement limit, Policies GDP1, PS2, Guidance Note 20
CONSULTATIONS Community Council: Consulted 20/01/2017 Local Member: Notified 20/01/2017 Site Notice: Expired 15 /02/2017 Other Representations: One letter from neighbouring property raising no objections. One letter raising concerns about loss of daylight to property to the rear and view from neighbouring property directly into windows of extension.
SPECIAL CONSIDERATIONS
Design and amenity: The property is a detached property on Bangor Road, the proposal is for a two storey side extension. The extension is set back from the front of the property and the design complements the existing house and general street scene.
The proposal is for a kitchen/ diner on the ground floor and a bedroom with ensuite upstairs. The rear window at the first floor level is for the ensuite and will be obscurely glazed.
The side extension will not be directly in line with the property to the rear and with the obscurely glazed window at first floor level there will be no additional overlooking created.
The proposal passes the BRE tests in relation to the neighbouring property and the property to the rear and I am satisfied that there will be no overshadowing created by the proposal.
There is sufficient room for 3 cars on the driveway.
CONCLUSION
The design of the extension is acceptable and I am satisfied that the proposal will not result in an adverse impact on the neighbouring properties and I therefore recommend accordingly.
RECOMMENDATION: That permission be GRANTED
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CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered FV7/JO117/1 and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building.
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.
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.
The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.
It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-
Page 111 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 influencing-distance-of-mine-entries
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.
Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.
If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
______
Page 112 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0046 1 LONGUEVILLE ERDDIG 20/01/2017 WREXHAM LL13 7DS COMMUNITY: CASE OFFICER: Offa DESCRIPTION: LP1 FIRST FLOOR EXTENSION OVER EXISTING GARAGE WARD: AGENT NAME: Offa APPLICANT(S) NAME: WREXHAM COUNTY MR AJITH KARTHA BOROUGH COUNCIL MR PETE WILLIAMS
______
SITE
Detached property off Erddig Road.
First floor extension
PROPOSAL
First floor extension over existing garage
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HISTORY
None relevant
DEVELOPMENT PLAN
Lies within settlement limit, policies GDP1, PS2 and Guidance Note 20 applies
CONSULTATIONS Community Council: No comment Local Member: Notified 20/01/2017 Site Notice: Expired 15/02/2017 Other Representations: Verbal comments from neighbouring property expressing concerns regarding proximity of extension to neighbouring property and impact upon windows and outlook.
SPECIAL CONSIDERATIONS
The proposal is for a first floor extension over the existing garage. The design of the extension is in keeping with property and is similar to extensions on other properties in the area with a gable roof to the front elevation.
The neighbouring property has a single storey element next to the proposed extension. This contains a living room, dining room and a conservatory at the rear. There are secondary side facing windows for these rooms.
The proposal passes the horizontal BRE test in relation to the neighbouring property, however fails the vertical test. Given that there is an existing single storey garage and the proposed extension is a first floor addition to this element it is not considered that the situation will be made significantly worse by this proposal.
Whilst light to the secondary windows will be compromised, these are not the primary sources of light for the rooms. The amenity of the rooms will therefore not be adversely affected by this proposal.
A second floor side facing window is proposed in the new extension, this is for a shower room and will be obscurely glazed so will not create any overlooking.
There is sufficient parking to the front of the property.
CONCLUSION
The proposed extension will not have a detrimental impact upon the neighbouring property and I therefore recommend accordingly.
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RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered PD 2015 / 010 Rev A and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building.
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.
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.
The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.
It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal
Page 115 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.
Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.
If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
______
Page 116 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0050 SDG TRADING LTD UNIT 2 20/01/2017 LIGHTWOOD GREEN INDUSTRIAL ESTATE STATION ROAD OVERTON COMMUNITY: WREXHAM CASE OFFICER: Overton LL13 0HU KH
DESCRIPTION: WARD: LOADING AREA CANOPY AGENT NAME: Overton EXTENSION (IN RETROSPECT) MICHAEL CLARK
APPLICANT(S) NAME: MR D GRIFFITHS SDG TRAINING LTD
______
P/2017/0050 THE SITE
Located off the Southern side of the A539 (Overton to Penley) on the Lightwood Green Industrial Estate. A limited number of residential properties lie to the South and West.
Position of canopy
Page 117 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
PROPOSAL
Retrospective application for the erection of a steel frame attached canopy. The proposed canopy sits over part of the existing side service yard, providing necessary protection of goods without the need to form a complete enclosure by cladding the sides. The purpose of the application is to regularise the covered area, used for turning, unloading and loading of a range of goods which would be damaged if exposed to the elements. The activity has taken place since initial occupation of the premises without the benefit of protection.
DEVELOPMENT PLAN
Within Lightwood Green Industrial Estate. Policies PS1, PS2 and GDP1 of the Wrexham Unitary Development Plan refer.
CONSULTATIONS
Community Council: No objections. Local Member: Notified 24.01.2017. Public Protection: No comments. Highways: No recommendation on highways grounds. NRW: No comments to make on the proposal. Other representations: One expression of concern regarding visual impact. Site Notice: Expired 20.02.2017.
SPECIAL CONSIDERATIONS / ISSUES
Visual Impact / Amenity: The main warehouse facility is 33m wide x 96m in length x 55m to eaves and a height of 6.1m overall. The canopy sits over part of the existing side service yard and constructed in the format of a steel portal frame with dimensions of 8.7m wide x 30m long x 6.3m high. The location of the canopy, open sided and at a lower level with adjoining embankments to the South and West and seen in the context of the existing warehouse and boundary vegetation enables a limited impact on the general visual amenities of the area. The above also ensures residential properties at a distance of between 30m and 35m to the South and a distance of 85m to the closest property to the west will have no significant loss of amenity.
Highways: The proposal will have no additional impact on the highway network with the activity having taken place since initial occupation of the premises but without the benefit of protection. No additional traffic movements are projected as a result of the application.
Conclusion: I am satisfied that the canopy is visually acceptable, with no significant impact on the general visual amenities of the area or nearby residential amenity.
RECOMMENDATION: That permission be GRANTED
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CONDITION(S)
1. The canopy hereby approved shall be retained strictly in accordance with the approved drawings 2117/03 MAC and the application documentation.
REASON(S)
1. In the interests of the general visual amenities of the area and nearby residential amenity.
NOTE(S) TO APPLICANT
The applicant's attention should be drawn to item numbers 1,2,3 and 5 of the supplementary note. ______
Page 119 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0057 TREGARTHEN CHESTER ROAD 25/01/2017 ROSSETT WREXHAM LL12 0DF COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: MP DEMOLITION OF DETACHED GARAGE, ERECTION OF TWO- WARD: STOREY SIDE AND REAR AGENT NAME: Rossett EXTENSIONS, ALTERATIONS TO EDW ARCHITECTURE FRONT ELEVATION AND INTERNAL LTD ALTERATIONS MR EDWARD WEBB
APPLICANT(S) NAME: MR & MRS E & V FRULLONI & PIERMARINI
______
SITE
Application site
Page 120 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
PROPOSAL
The proposed development comprises:
• Two storey extension to the side and rear of the dwelling. The latter will incorporate a garage. The front elevation of the garage will project 1.2m beyond the front elevation of the existing dwelling. • A new porch • A single storey extension to fill the gap between the proposed porch and proposed garage; • The provision of a ground and first floor bay window to the front elevation.
HISTORY
No recent history.
DEVELOPMENT PLAN
Within settlement. Policies GDP1 and T8 apply.
CONSULTATIONS
Community Council: Consulted 26.1.2017 Local Member: Notified 26.1.2017 Highways: No objections subject to a condition requiring the development to be carried out in accordance with the site layout plan (as amended). Neighbours: The owners/occupiers of 5 nearby properties notified 31.1.17. The owners/occupiers of the adjacent properties notified about amended plans: 1 representation received stating no objection but expressing the following concerns: • Damage to our hedge; • When the house was built the garage was not on the site as there was not enough room. A garage has never been able to fit at the side of the house; • Loss of light.
SPECIAL CONSIDERATIONS
Amenity: The two storey extension will wrap around the side and rear of the dwelling. It will extend up to the boundary of the boundary with the dwelling to the south and will project just over 5.5m from the existing rear elevation. It will not project further rearwards than the extensions to both neighbouring dwellings. It will satisfy the BRE daylight test in respect of both neighbouring properties. Both neighbouring dwellings have side windows facing the application site, including a window serving a habitable room in each property. In both cases
Page 121 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 the rooms served by the side facing windows also have rear facing windows and therefore alternative sources of light and outlook. Indeed in both cases, the facing windows provide the primary source of daylight and outlook. The other side facing windows do not serve habitable rooms.
The side extension will satisfy the BRE test in respect of windows serving habitable rooms of the neighbouring dwellings. The new porch and bay window will not significantly impact upon the standard of amenity afforded to the occupiers of the adjacent dwellings.
There is a dwelling to the rear of the site is in excess of 50 metres away from the proposed extension, over twice the distance recommended by LPG20. The extension will not overlook any side facing windows serving habitable rooms and the rear facing window will not overlook the gardens of the adjacent dwellings to a significantly greater extent than existing first floor windows.
In light of the above, I am satisfied that the development will not harm the amenity of neighbouring occupiers by way of significant loss of light, privacy or by being visually overbearing.
Design: The proposed site layout and the existing and proposed front elevation plans are included below:
Page 122 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
Page 123 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
The side extension will in keeping with and clearly subsidiary to the existing dwelling. The alterations to the front of the dwelling also in keeping with the appearance of the dwelling and will not represent a significant or harmful instruction into the wider street scene.
The rear extension is in keeping with the existing dwelling and will not have a significant impact upon the wider street scene, being largely obscured from view by the existing dwelling, the side extension and the dwellings to the north and south of the site.
Page 124 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
The representations received question whether there is room for a garage alongside the house. However based on the plans submitted, I have no reason to doubt that the extension cannot be accommodated in the space available.
Parking: The dwelling, as extended, will have 6 bedrooms. The LPG16 maximum parking provision for dwellings with more than 4 bedrooms is 4 spaces. The submitted plans make provision for 3 parking spaces as well as for turning. Whilst this is 1 space less than the LPG16 maximum, the fronts onto Chester Road and is a short distance from bus stops served by the frequent Wrexham to Chester service. Furthermore the front garden is large enough to accommodate an additional parking space should the applicants require it in future.
Other Matters: The submitted plans state that the hedge along the southern boundary of the site will be retained or, if adversely affected by building works, replaced with a hedge of matching species. I appreciate the concerns expressed by the adjacent occupier, who I understand is the owner of the hedge, however this is a matter outside of the scope of planning control. The granting of planning permission will not give the applicants approval to damage or remove the hedge. This will be a private matter that will need to be agreed with the neighbouring occupiers.
CONCLUSION
The proposals accord with policy GDP1.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 03 Revision A, 04, 05, 06, 07 Revision B and contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 07 Revision B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times.
REASON(S)
1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.
Page 125 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.
NOTE(S) TO APPLICANT
The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.
It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.
Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.
If any of the coal mining features are unexpectedly encountered during
Page 126 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017 development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
______
Page 127 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0062 10 CAE’R EFAIL ACREFAIR 26/01/2017 WREXHAM LL14 3SE COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: KH ERECTION OF PAIR OF TIMBER DOUBLE GATES (LESS THAN 1.0 M WARD: IN HEIGHT) AND ADJOINING CLOSE AGENT NAME: Cefn BOARDED FENCING (LESS THAN STUDIO_NEO 1.0 METRE IN HEIGHT) MR STEVE WEST
APPLICANT(S) NAME: MR KEVIN MCCAY BENNETT VERBY
______P/2017/0062 THE SITE
SITE
Detached property on Cae’r Efail, Acrefair on a small housing estate off the North East side of Llangollen Road.
PROPOSAL
Erection of pair of timber double gates (less than 1 metre in height) and adjoining close boarded fencing (less than 1.0m in height)
Page 128 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
HISTORY
P/2016/0607 Single garage on parking area to rear of property (6m x 3m). Withdrawn.
DEVELOPMENT PLAN
Within settlement. UDP policies PS1, PS2 AND GDP1 apply.
CONSULTATIONS
Community Council: Consulted 27.01.2017. Local Member: Notified 27.01.2017. Highways: Consulted 27.01.2017. Other representations: One letter of objection and one letter of support received. Letter of objection • Out of keeping with the design of the cul-de- sac • Insufficient space when entering and exiting the proposed gates for a vehicle to be parked stationary on the service strip which will mean blocking the main access road for the cul-de-sac and causing obstruction to the drive opposite the site • Would be hazardous to other road users Letter of Support This area is not a turning point and is used by other residents for parking ….this is a parking space for the application property and not for other households. The area can never be accessed as other residents are parked on the land. A wooden gate and fencing would make the area look tidier and maintained. Site Notice: Expired 21.02.2017
SPECIAL CONSIDERATIONS / ISSUES
Proposal: The application seeks to provide two secure parking spaces within the curtilage of the property with gates to the front of the spaces – less than 1 metre in height and adjoining close boarded fencing – less than 1 metre in height to the sides. The application, under normal circumstances, would be permitted development however, in this case, the original planning permission removed Permitted Development Rights, hence the planning application. A plan showing the proposed layout is shown below.
Page 129 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
Proposed layout
Design: Concerns have been raised that the works would be out of character with the estate. I am however satisfied, that given the restricted height and location, the impact would be minimal and acceptable.
Highways: I am satisfied the cars will be able to access and egress the spaces without unduly disrupting traffic on the existing cul-de-sac. Movements in this area will be relatively limited and staggered and I would not anticipate any significant disruption to vehicle movements compared to the existing situation generally in the vicinity. An additional space is provided to the front of the property.
Conclusion: I am satisfied the proposal is acceptable and will not be visually intrusive or be to the detriment of vehicle movements generally.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The vehicle parking area as shown on the approved drawing shall be kept free of any obstruction and made available solely for the parking of vehicles at all times.
Page 130 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
3. The gates hereby permitted shall not open onto the adjoining highway.
REASON(S)
1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of highway safety and the visual amenities of the area. 3. In the interests of highway safety. ______
Page 131 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0086 EBENEZER COTTAGE CASTLE 02/02/2017 STREET HOLT WREXHAM LL13 9YL COMMUNITY: CASE OFFICER: Holt DESCRIPTION: SEH REPLACE 5 EXISTING WOODEN WINDOWS ON FRONT ELEVATION WARD: WITH 5 WHITE WOODGRAIN UPVC AGENT NAME: Holt DOUBLE GLAZED WINDOWS MR ADRIAN GREEN
APPLICANT(S) NAME: MR ADRIAN GREEN
______
THE SITE
Application Site
PROPOSAL
As above
HISTORY
None relevant
Page 132 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
DEVELOPMENT PLAN
Within Holt conservation area. UDP Policy EC7 applies. The Holt Conservation Area Character Assessment is also relevant.
CONSULTATIONS Community Council: Consulted 03/02/2017 Local Member: Notified 03/02/2017 Civic Society: Objection - Insufficient information has been provided to demonstrate that the proposed UPVC windows will be acceptable. No alternative timber window options have been explored. Press Notice: Expired 04/03/2017 Site Notice: Expired 27/02/2017 Neighbours: 1 online comment of support - The 2 adjacent properties (Fir Grove and Fairholm) both have UPVC windows and the proposed windows can only enhance the property.
SPECIAL CONSIDERATIONS/ISSUES
Conservation Area: The property is located within the Holt Conservation Area and is prominently sited on the main thoroughfare through the Village. It is recognised within the adopted Conservation Area Character Assessment as a building of visual interest.
The existing timber windows appear to be softwood replacements of probable late 20th Century date. The condition of the windows is deteriorating and therefore replacement can be justified. In replacing the windows the opportunity should be taken to improve their quality and detailing as well as to enhance their thermal efficiency.
The replacements proposed are flush fitting casements which would be considered a more authentic detail. However, the use of uPVC does result in a heavier frame and a prominent gap between the frame and casement. There is clear guidance as set out within the adopted Conservation Area Character Assessment against the use of uPVC as a non-authentic material for a building of this age.
Conclusion: Whilst the adjacent properties may have uPVC windows, these are more modern strictures of less prominence with the conservation area. The proposed replacement windows would fail to preserve or enhance the character of the Holt conservation area as such would be contrary to UDP Policy EC7.
RECOMMENDATION: That permission be REFUSED
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REASON(S)
1. By virtue of their non-traditional material and inappropriate detailing, the replacement windows fail to preserve or enhance the character of the conservation area. To allow the development would be contrary to UDP Policy EC7 and the advice contained within the adopted Conservation Area Character Assessment and Management Plan.
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Page 134 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING – 6 MARCH 2017
List of Delegated Decisions Issued
CEF P/2015/0949 LAND OFF AND WEST OF PARK RESIDENTIAL DEVELOPMENT (30 NO ROAD, RHOSYMEDRE, AFFORDABLE HOUSES) WITH ASSOCIATED GRANTED WREXHAM, LL14 3YP HIGHWAY INFRASTRUCTURE FOLLOWING DEMOLITION OF VACANT INDUSTRIAL UNITS 09/02/2017
HAN P/2016/0431 BRYN FARM, GREDINGTON APPLICATION FOR VARIATION OF CONDITION ESTATE, BRYN LANE, NO.1 IMPOSED UNDER PLANNING PERMISSION GRANTED HANMER, WHITCHURCH, SY13 P/2010/0493 IN ORDER TO EXTEND THE TIME 3DS PERIOD 27/01/2017
CHI P/2016/0442 KRONOSPAN LTD, HOLYHEAD MDF WASH WATER PRE-HEATER ROAD, CHIRK, WREXHAM, GRANTED LL14 5NT 23/01/2017
LLR P/2016/0889 FERN VILLA, LLANGOLLEN REAR SINGLE STOREY EXTENSION, ROAD, ACREFAIR, WREXHAM, CONVERSION OF EXISTING OUTBUILDING TO GRANTED LL14 3SG BE LINKED TO NEW EXTENSION AND PART DEMOLITION RECONSTRUCTION OF EXISTING 13/02/2017 STONE OUTBUILDING TO FORM NEW RAISED TERRACE
ROS P/2016/0989 TREVALYN HALL, CHESTER CREATION OF PATIO AND ERECTION OF DWARF ROAD, ROSSETT, WREXHAM, WALL GRANTED LL12 0HH
17/02/2017
CHI P/2016/0998 UNIT 4, COLLIERY ROAD, CHANGE OF USE FROM DOG PARLOUR (USE CHIRK, WREXHAM, LL14 5PB CLASS A1) TO FOOD AND DRINK (USE CLASS GRANTED A3)
01/02/2017
COE P/2016/1018 TYN Y COED BACH, TANLLAN PORCH EXTENSION LANE, COEDPOETH, GRANTED WREXHAM, LL11 3EL
13/02/2017
COE P/2016/1019 TYN Y COED BACH, TANLLAN LISTED BUILDING CONSENT FOR PORCH LANE, COEDPOETH, EXTENSION GRANTED WREXHAM, LL11 3EL
13/02/2017
MAE P/2016/1055 WEST OF, RED HALL FARM, INSTALLATION OF UNDERGROUND SUPPLY TO RED HALL LANE, PENLEY, BE TAKEN FROM AN EXISTING OVERHEAD GRANTED WREXHAM, LL13 0NA SERVICE LINE (IN RETROSPECT)
09/02/2017
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WOR P/2016/1061 BRAESIDE, WHITCHURCH TWO STOREY EXTENSION ROAD, HALGHTON, BANGOR GRANTED ON DEE, WREXHAM, , LL13 0BL
17/02/2017
WOR P/2016/1062 NEW GATES, WHITCHURCH TWO STOREY EXTENSION ROAD, HALGHTON, BANGOR GRANTED ON DEE, WREXHAM, , LL13 0BL
17/02/2017
GWE P/2016/1074 POST OFFICE, DODDS LANE, INSTALLATION OF ATM, NEW SHOP FRONT AND GWERSYLLT, WREXHAM, LL11 MODIFICATION TO EXISTING ROLLER SHUTTER GRANTED 4NT (IN RETROSPECT)
09/02/2017
GWE P/2016/1075 POST OFFICE, DODDS LANE, DISPLAY OF 2 INTERNALLY ILLUMINATED GWERSYLLT, WREXHAM, FASCIA SIGNS (IN RETROSPECT) GRANTED LL11 4NT 09/02/2017
WRR P/2016/1082 HOMEBASE, PLAS COCH REMOVAL OF TWO GROUPS OF TREES RETAIL PARK, WREXHAM, OBSTRUCTING SIGNS TO GROUND LEVEL GRANTED LL11 2BA (ACACIA, PRUNUS & ACER) (PROTECTED BY TPO 264) 30/01/2017
LLA P/2016/1088 HAMILTON HOUSE, RACKERY SIDE EXTENSION TO PROVIDE PREPARATION LANE, LLAY, WREXHAM, LL12 AREA / STORE GRANTED 0PB
09/02/2017
WRO P/2016/1092 110 ERDDIG ROAD, WREXHAM, T1 SYCAMORE - REDUCE BRANCH WITH LL13 7DS DEFECT BY 2 METRES, REDUCE OVER LONG GRANTED LIMB ABOVE 4 METRES BACK TO SUITABLE REDUCTION POINT, REDUCE TWO OVER LONG 30/01/2017 LIMBS EXTENDING TOWARDS NEIGHBOUR BY 2 METRES, REMOVE RUBBING BRANCHES AND DEAD WOOD (PROTECTED BY TPO NO 89)
WRO P/2016/1109 22 BEDWYR COURT, WORKS TO 4 NO SILVER BIRCH TO REDUCE HERMITAGE PARK, WREXHAM, HEIGHT BY MAXIMUM OF 4.0 M - PROTECTED BY REFUSED LL13 7GZ TPO WMBC NO 50
10/02/2017
ISY P/2016/1110 CHURCH HOUSE, CHURCH EXTENSION TO AGRICULTURAL BUILDING LANE, ISYCOED, WREXHAM, GRANTED LL13 9RY
30/01/2017
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ESC P/2016/1120 59, SUMMERFIELDS, CROWN RAISE TO PROVIDE A CLEARANCE OF RHOSTYLLEN, WREXHAM, 7M - 1 NO SYCAMORE, 1 NO OAK, 1 NO LIME. GRANTED LL14 4EU ALL BRANCHES REMOVED TO SOURCE. 1 NO HAWTHORN REMOVING ENCROACHING 10/02/2017 BRANCHES BACK TO BOUNDARY. REMOVE TO GROUND LEVEL SMALL SELF-SEEDED SYCAMORE ADJACENT TO MATURE SYCAMORE. TREAT STUMP TO PREVENT GROWTH. ONE ASH BEHIND NEIGHBOURING GARDEN - REMOVE BACK TO SOURCE 4. ALL TREES LOCATED OUTSIDE OF BOUNDARY. (TREES PROTECTED BY TPO WCBC NO 176)
ISY P/2016/1126 SUTTON GREEN COTTAGE, DEMOLITION OF REDUNDANT SHIPPON AND SUTTON GREEN, BOWLING ERECTION OF NEW SINGLE STOREY ONE BED GRANTED BANK, WREXHAM, , LL13 9RP ANCILLARY DWELLING
09/02/2017
WRC P/2016/1130 HOME BARGAINS, UNIT 1, DISPLAY OF INTERNALLY ILLUMINATED FASCIA HOLT STREET, WREXHAM, SIGN (IN RETROSPECT) GRANTED LL13 8DH
09/02/2017
WRC P/2016/1131 HOME BARGAINS, UNIT 1, INSTALLATION OF ATM MACHINE ( IN HOLT STREET, WREXHAM, RETROSPECT) GRANTED LL13 8DH
09/02/2017
WRO P/2016/1132 YALE SPIRE HOSPITAL, SITING OF MODULAR BUILDING TO PROVIDE CROESNEWYDD ROAD, ADDITIONAL TEMPORARY CONSULTING ROOMS GRANTED WREXHAM, LL13 7YP
09/02/2017
WRC P/2016/1134 50 TAN Y DRE, WREXHAM, TO OPERATE PRIVATE HIRE TAXI USE FROM LL13 9AY EXISTING DWELLING INCORPORATING THE GRANTED PARKING OF 2 PRIVATE HIRE VEHICLES AT THE PREMISES AND THE RUNNING OF A NON- 09/02/2017 OPERATIONAL OFFICE FUNCTION FOR UP TO 9 VEHILCES (PREVIOUSLY GRANTED UNDER CODE NO P/2015/0552)
BRO P/2016/1139 OLD CHAPEL SITE, 4 LONG TWO-STOREY REAR EXTENSION TO FORM LANE, PENTRE BROUGHTON, GARAGE WITH DEPENDENT RELATIVE GRANTED WREXHAM, LL11 6BT ACCOMMODATION ABOVE
14/02/2017
CEI P/2016/1141 GLAS ABER, DOLWEN, ERECTION OF AGRICULTURAL BUILDNG FOR LLANARMON DYFFRYN LIVESTOCK HOUSING AND GENERAL PURPOSE / GRANTED CEIRIOG, LLANGOLLEN, FODDER STORAGE WREXHAM, LL20 7LH 09/02/2017
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WRO P/2016/1147 SAINT MARYS CATHOLIC SITING OF MOBILE CLASSROOM PRIMARY SCHOOL, LEA ROAD, GRANTED WREXHAM, LL13 7NA
09/02/2017
CEF P/2016/1148 WIMBOURNE GATE, QUEEN RETENTION AND CONTINUED USE AS STREET, CEFN MAWR, TEMPORARY CAR PARK (PREVIOUSLY GRANTED WREXHAM, LL14 3NN GRANTED UNDER CODE NO P/2010/0752)
17/02/2017
WRO P/2016/1149 ST CHRISTOPHERS SCHOOL, SITING OF MOBILE BUILDING STOCKWELL GROVE, GRANTED WREXHAM, LL13 7BW
09/02/2017
GWE P/2016/1153 BLACK HORSE INN, TOP ROAD, ERECTION OF 2 NO. DETACHED DWELLINGS SUMMERHILL, WREXHAM, REFUSED LL11 4TA
09/02/2017
LLA P/2016/1154 3, VICTORY PLACE, LLAY, ERECTION OF GARDEN SHED (IN RETROSPECT) WREXHAM, LL12 0LR GRANTED
13/02/2017
MIN P/2016/1155 PLAS ISA, CHURCH ROAD, FELL 1 NO SYCAMORE (WITHIN MINERA MINERA, WREXHAM, LL11 3DA CONSERVATION AREA) GRANTED
30/01/2017
MAR P/2016/1156 BERTHENGRON FARM, PLAS ERECTION OF AGRICULTURAL STEEL PORTAL NOBLE, SONTLEY, WREXHAM, FRAMED BUILDING GRANTED LL13 0UY
16/02/2017
GLY P/2016/1160 BRITHDIR, LLWYNMAWR, TWO-STOREY AND SINGLE-STOREY LLANGOLLEN, WREXHAM, EXTENSIONS TO DWELLING REFUSED LL20 7BE
30/01/2017
WRO P/2016/1161 ST CHRISTOPHERS SCHOOL, SINGLE STOREY BRICK EXTENSION TO STOCKWELL GROVE, PROVIDE ACCOMMODATION FOR NHS STAFF GRANTED WREXHAM, LL13 7BW BASED AT THE SCHOOL
09/02/2017
GLY P/2016/1162 PANT FARM COTTAGE, PANT CONSTRUCTION OF NEW AGRICULTURAL ROAD, GLYN CEIRIOG, ACCESS AND STONE DRIVEWAY (MACHINERY GRANTED WREXHAM, LL20 7BY AND FIELD ACCESS) AND ERECTION OF 2 NO TIMBER BUILDINGS FOR ANIMAL HOUSING AND 30/01/2017 FEED BARN (IN RETROSPECT)
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WRR P/2016/1168 15 LORD STREET, WREXHAM, DISPLAY OF 3 NO. FASCIA SIGNS LL11 1LH (2 INTERNALLY ILLUMINATED AND 1 NON- GRANTED ILLUMINATED)
30/01/2017
ROS P/2016/1169 BALLS HALL FARM, BURTON ERECTION OF PORTAL STEEL FRAMED SIDE ROAD, BURTON, ROSSETT, EXTENSION FOR THE STORAGE OF HAY, GRANTED WREXHAM, LL12 0HY STRAW, GRAIN AND FOR THE STORAGE OF MACHINERY 09/02/2017
ROS P/2016/1170 BALLS HALL FARM, BURTON ERECTION OF STEEL FRAMED LEAN-TO SIDE ROAD, BURTON, ROSSETT, EXTENSION TO FORM CALF HOUSING GRANTED WREXHAM, LL12 0HY
09/02/2017
GRE P/2016/1172 FOXWOOD COTTAGE, SINGLE-STOREY REAR EXTENSION TO UPPER CARTHAGENA LANE, GROUND FLOOR TO FORM SUN LOUNGE GRANTED GRESFORD, WREXHAM, LL12 8UT 30/01/2017
GRE P/2016/1175 HILLSIDE, HOSELEY LANE, EXTENSION AT GROUND FLOOR LEVEL AND MARFORD, WREXHAM, LL12 GARAGE BELOW GRANTED 8YE
30/01/2017
PEN P/2016/1176 SCOUT HEADQUARTERS, ERECTION OF COVERED ACTIVITY AREA AND BRYN Y BARCUT, PENYCAE, ERECTION OF COVERED AREA FOR THE GRANTED WREXHAM, LL14 2TR SECURE STORAGE OF TRAILERS
09/02/2017
WRO P/2017/0003 35 REGENT STREET, DISPLAY OF 2 NO. ITERNALLY ILLUMINATED WREXHAM, LL11 1RY SIGNS GRANTED
13/02/2017
WRA P/2017/0005 6, POWELL ROAD, WREXHAM, DAWN REDWOOD (T1) - REMOVE 4 BRANCHES LL12 7AE ON NORTH EAST LOWER TRUNK, REMOVE 2 GRANTED BRANCHES WITH STUBS BACK TO SOURCE ON SOUTH EAST AND REMOVE LOWEST BRANCH 23/02/2017 GROWING OVER BOUNDARY WALL (TPO NO WMBC 73)
WRC P/2017/0010 13 CHARLES STREET, DISPLAY OF INTERNALLY ILLUMINATED SIGN WREXHAM, LL13 8BT WITHDRAWN
21/02/2017
WRO P/2017/0027 113 SAXON STREET, SINGLE-STOREY EXTENSION WREXHAM, LL13 7BB GRANTED
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13/02/2017
WRA P/2017/0032 14 CAMBERLEY DRIVE, , REAR EXTENSION AND ERECTION OF GARAGE WREXHAM, LL12 7LW GRANTED
17/02/2017
GRE P/2017/0034 17 YEW TREE COURT, SINGLE-STOREY FRONT AND REAR GRESFORD, WREXHAM, LL12 EXTENSIONS AND TWO STOREY SIDE REFUSED 8ET EXTENSION
14/02/2017
WRR P/2017/0039 14, ENEURYS ROAD, EXTENSIONS TO DWELLING AND INTERNAL WREXHAM, LL11 2PL ALTERATIONS GRANTED
13/02/2017
WRO P/2017/0041 40, ALEXANDRA ROAD, REAR SINGLE STOREY KITCHEN EXTENSION WREXHAM, LL13 7SH GRANTED
17/02/2017
HOL P/2017/0042 HOLT COUNTY PRIMARY T1- BROAD LEAF - REMOVE LOWEST 1ST, 2ND SCHOOL, CHAPEL STREET, AND 3RD BRANCH ADJACENT TO FLAG POLE. GRANTED HOLT, WREXHAM, LL13 9DJ REDUCE 4TH AND 5TH BRANCH TO LEAVE 1.0 M LENGTH 23/02/2017
WRC P/2017/0078 74 TO 82 SMITHFIELD ROAD, APPLICATION FOR CERTIFICATE OF LAWFUL WREXHAM, LL13 8EP USE OF EXISTING DEVELOPMENT FOR GRANTED CONTINUED USE OF THE WHOLE PREMISES FOR A1 RETAIL PURPOSES WITHOUT 22/02/2017 COMPLIANCE WITH CONDITION NO. 4 OF PLANNING PERMISSION REFERENCE WRC P/2005/1013 RELATING TO ON-SITE PARKING AND STORAGE
GWE P/2017/0119 6, WESTMINSTER RISE, APPLICATION FOR A LAWFUL DEVELOPMENT SUMMERHILL, WREXHAM, CERTIFICATE FOR A PROPOSED GRANTED LL11 4QD DEVELOPMENT TO CONVERT GARAGE TO LOUNGE, INSERTION OF WINDOW AND SINGLE- 13/02/2017 STOREY REAR EXTENSION
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