Item 4

REPORT TO: Planning Committee

REPORT NO. HEP/25/16

DATE: 6 June 2016

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 GWE P/2016 /0137 MR D GRIFFITHS REFUSE 17 - 20

ESC P/2016 /0225 MRS BRIDGET MCGUIRE GRANT 21 - 32

LLA P/2016 /0236 ROADWAY CIVIL GRANT 33 - 40 ENGINEERING

GWE P/2016 /0263 S G ESTATES LTD GRANT 41 - 44

WRC P/2016 /0274 MR W JONES GRANT 45 - 47

WOR P/2016 /0278 MR DAVID FORD GRANT 48 - 52

WRA P/2016 /0289 MR S STOCKER GRANT 53 - 55

BRY P/2016 /0316 MR KEITH JONES GRANT 56 - 61

RHO P/2016 /0321 DMS ARCHITECTURAL GRANT 62 - 71 SERVICES MR & MRS A & R MCDONALD-BROWN ISY P/2016 /0327 GARDENBREEZE GRANT 72 - 84 LIMITED

CEF P/2016 /0341 MRS TRACY NIGHTS GRANT 85 - 88

LLA P/2016 /0373 MINERS WELFARE GRANT 89 - 101 INSTITUTE & RECREATION GROUND

Total Number of Applications Included in Report - 12

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/2016 /0137 LAND ADJOINING AND SOUTH OF 17/02/2016 RAILWAY BRIDGE HIGHFIELD ROAD HIGHFIELD COMMUNITY: LL11 4US CASE OFFICER: KH DESCRIPTION: OUTLINE PLANNING APPLICATION WARD: TO ERECT 1 NO. DWELLING AGENT NAME: Gwersyllt West BLUEPRINT APPLICANT(S) NAME: ARCHITECTURAL MR D GRIFFITHS SERVICES LTD MR DAFYDD EDWARDS

______P/2016/0137 THE SITE

SITE

The site is accessed off the southern side of Highfield Road, Highfield. The land is unoccupied and has not been maintained for a number of years. A former rail track runs to the immediate north-west with a concentration of housing to the south-east.

PROPOSAL

Outline application with all matters reserved.

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HISTORY

CB0058 Outline application with all matters reserved. Refused 11 11.1996 on grounds of being within a green barrier and outside any recognised settlement and contrary to development policies in the countryside.

DEVELOPMENT PLAN

Outside any recognised settlement limit in a green barrier and a SAC buffer Policies PS1, PS2, GDP1, EC1, EC4 and H5 of the Wrexham Unitary Development Plan refers.

CONSULTATIONS

Community Council: Objections to application on the basis outside the settlement limit and would have an adverse impact on the surrounding area. Local Member: Requests application be reported to Committee Public Protection: No comments. Highways: Road very narrow with few passing places. The proposed access would be reliant on an adjoining stone wall being reduced to 1m in height for acceptable visibility but part of the reduction would be to the listed bridge with permission unlikely to be possible. To overcome concerns over the lack of passing places along Highfield Road, Highways recommend a passing bay is provided along the site frontage. Welsh Water: If permission was forthcoming a comprehensive drainage scheme for the site would be conditioned. Natural Resources : No comments on the proposal. Neighbours: Four letters of objection on the following grounds:- • quiet and small hamlet in a rural location; • encroached into open countryside and impact on the rural character; • road is unsuitable for additional traffic; • development would be imposing; • impact on nearby residential amenity; • demolish existing stone wall; • no mains drains; • already difficult for emergency vehicles and access to the road; • local wildlife; • green barrier;

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• Highfield Road has a weak bridge and could not support construction vehicles. Site Notice: Expired 30.03.16

SPECIAL CONSIDERATIONS/ISSUES

Policy: The site lies outside a settlement boundary and within a Green Barrier as defined in the Wrexham Unitary Development Plan. Outside defined settlements new dwellings will only be permitted in accordance with the stipulations within Policy H5 – change of use of an existing building outside settlements, subdivision of an existing dwelling, an essential need to house a full-time agricultural worker or the proposal constitutes infill.

I do not consider the proposal falls within any of the exceptions.

Infill: A previous permission was refused on the site in 1996 and I do not consider there have been any material changes in circumstances which would overcome the objections. Infilling is defined in the Wrexham Unitary Development Plan as ‘development of no more than two dwellings in a small gap with a well-developed frontage’. I do not consider the gap is small and similarly do not consider it would be within a well-developed frontage. The bulk of nearby development is to the south-east with terraced properties with a well-defined frontage adjoining the road. To the immediate north-west is a former railway line and a residential property set back approximately 16m to the south of the application site. Further south is a gap of approximately 24m.

I do not consider the gap is small or would sit within a well built up frontage.

Highways: Highways have raised concerns that the road is narrow with few passing places and would not normally support increased traffic movements along a road with such limited scope for passing. Highways consider it feasible to construct a passing bay by setting back the stone wall across the frontage, however with the listed bridge and associated stone wall it would not be possible to achieve adequate visibility. It may be possible to achieve adequate visibility by moving the access to the south-east corner of the site and provision of a passing bay.

Amenity: I am concerned at the potential impact of the property on the adjoining Linden Lea and side windows. Whilst I appreciate it is an outline application should a permission be forthcoming the siting is largely dictated by the rear parking and turning requirements and provision of a private rear garden.

Setting of Listed Bridge: I have concerns over the proximity of the proposed development to the Grade II listed road bridge. The issue of setting is a key consideration and I would be concerned by the visual impact of the development immediately adjoining the structure. Given the proximity of the proposed development to the railway embankment works to consolidate to land/bank could also have a detrimental impact.

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CONCLUSION

I do not consider the proposal constitutes development within the countryside which could be justified by the current national or local planning policies, adequate visibility splays have not been provided and the setting of the adjoining listed bridge and nearby residential amenity would be compromised. As such the proposal would be contrary to UDP policies PS1, PS2, GDP1, EC1 and H5.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The site lies outside any recognised settlement and within a Green Barrier. To allow the proposal would be contrary to Policy H5, EC1, PS1 and GDP1 of the Wrexham Unitary Development Plan and would be to the visual detriment of the character of the area. 2. The location of the proposed dwelling in close proximity to a Grade II Listed road bridge would have an adverse impact on the setting of the structure. To allow the proposal would be contrary to Policy EC9 of the Wrexham Unitary Development Plan. 3. The provision of adequate visibility splays to serve the development would be dependent on works to the Grade II listed bridge. Works to the bridge would compromise the listed status and as such would be contrary to policy EC9 of the Wrexham Unitary Development Plan. 4. The location and proximity of the proposed dwelling to habitable windows on Linden Lea to the south would be detrimental to residential amenity. The proposal would be overbearing and would compromise natural light. The proposal as such would be contrary to Policy GDP1 (f).

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0225 LAND WEST OF 03/03/2016 FENNANT ROAD WREXHAM COMMUNITY: LL14 1PL CASE OFFICER: PF DESCRIPTION: CHANGE OF USE OF LAND TO WARD: PROVIDE 2 NO. GYPSY / AGENT NAME: Ponciau TRAVELLER PITCHES, ERECTION MR TREVOR MENNEL OF ANCILLARY MOBILE DAY ROOM / AMENITY BUILDING AND CONSTRUCTION OF HARD- STANDING AREA AND ACCESS

APPLICANT(S) NAME: MRS BRIDGET MCGUIRE

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THE SITE

The site is located on the north side of Fennant Road, and it measures 0.16 hectares. The site is enclosed by conifer hedges, and by the boundary treatments along Fennant Road, incorporating access gates/fence/hedgerow.

Proposed site

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PROPOSAL

As above. The application details confirm that the proposal is for the change of use of land to facilitate two gypsy/traveller pitches with an indicative layout showing the provision of a static caravan and a touring caravan on each pitch. A mobile amenity building is proposed within the confines of the application site along with provision for associated hardstanding and parking for at least 6 no. motor vehicles. The site is proposed for two family pitches. A proposed layout plans is shown below.

Proposed layout of the site HISTORY

Most relevant

P/2015/0203 Use of land for 1 No. gypsy / traveller pitch and erection of ancillary utility / day room. Refused 28.05.2015.

DEVELOPMENT PLAN

The site is outside any settlement area. The site is also close to Offa’s Dyke scheduled monument, and a public right of way. Policies PS1, PS2, GDP1, EC6, H9 and T8 of the Wrexham UDP are relevant.

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CONSULTATIONS

Community Council: Object on the following grounds: • Access – this is a very well used highway with no pavements and is just 2 car widths. • There is a dip and a sharp bend in this location, this would just add to congestion and the current infrastructure of the highway could not manage the increased traffic that this development could create. The access and design statement does raise a question of how many caravans may be placed on this site plus the 6 vehicles. • It was reported that the current gateway was only allowed to be placed in this location to allow agricultural machinery to enter the site only; • The area is on a flood plain, due to the history of mining in the area; • There are overhead pylons in the vicinity, the reason for not being included on the LDP 1; • There is a huge presence of ecology on the site, various species; • Public footpath 33 on the definitive map runs along this area and is a well walked area by walkers venturing along Offa’s Dyke. • Members would request a full environmental impact report on the area. Esclusham Community Council (adjoining): Do not support this application on the following grounds:- • Access - the Community Council have concerns regarding the access to the site, especially with regard to the amount of traffic travelling along Fennant Road. The proposed site access is some 150 metres from the junction of Fennant Road with the B5605 Wrexham Road and, at this point, dips and bends sharply. The route is a busy one and is not suitable for the daily visiting of vehicles towing, slowing down and attempting to manoeuvre in a limited area, especially with oncoming cars, buses and lorries travelling down the very steep, and popular, descent from Ponciau and . Access onto the road from the proposed site could also prove difficult in view of hedgerow, although it is the understanding of the Community Council that this has been cut back somewhat. The Council would ask whether suitable permission was requested, and granted, for such action.

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• Flooding - this low-lying area of green belt pasture land is subject to flooding and may well be below the water table. The area has been heavily flooded of late. • Possible disturbance of Scheduled Monument - the area itself being position on the original Offa's Dyke, which is an eighth century earthwork. • Concerns that there is a strong likelihood that the site supports substantial wildlife, some of which might be protected. • The site in question is possibly on, or near, disused, underground air vents and is situated above, or close to, old mine shafts. • The title deeds of the property have some stipulations therein restricting the uses of the site and land. Local Member(s): Cllr P. Pemberton requests application be presented to the Planning Committee. Site notice: Expired 26.04.2016 Highways: It is possible to achieve splays from the site in accordance with Welsh Government standards. Forward visibility along Fennant Road for and of vehicles turning into the site more than meets requirements for a 20mph road. It is considered that the proposed access, parking and turning arrangements are adequate. Public Protection: No comments. Snr. Flood Management Officer: A significant portion of the site is identified as being at risk from surface water flooding as identified on NRW’s updated flood map for surface water. The site layout plan suggests that both static and tourer caravans will be located away from the highest risk areas of the site. Recommends that the applicant consider flood resilient construction techniques to minimise the risk of flooding into the future. NRW: Advise the inclusion of a condition to propose the submission of a RAMs and compensatory scheme to protect the favourable conservation status of great crested newts. An advisory note is also recommended in relation to the approval requirements for private foul drainage system. Welsh Water: Consulted 09.03.2016 Sue Elan Jones MP: Writes to represent the views of a considerable number of my constituents on the above planning proposals. The concerns chiefly centre on the following:

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• The serious environmental impact it would have on the area of known merit for its natural habit. • Major road safety concerns in an area so noted for road safety issues that Royal Mail actually removed a post box on safety grounds. • Historic environment; proximity to Offa’s Dyke. • Proximity of land for waterlogging. It should also, of course, be noted that, unlike many local authorities, Council, honours its statutory obligations for traveller site provision. The notion that random erection of traveller pitches is one that should be supported or encouraged would, of course be bizarre and an unacceptable precedent for the Council to set for itself. Neighbouring occupiers: 10 neighbouring occupiers notified. 43 representations received.

42 objections received on the grounds summarised below: Highway safety • Fennant Road is already under a great demand from a very high volume of traffic and is inadequate to deal with the greater strain of increase vehicles. It is narrow and undulating and makes it very difficult to see vehicles coming in the other direction; • The road is a regular route for bus services, school vehicles and children. It is also used as a short cut by vehicles; • The pavement is very constricted and it ends before the entrance to the proposed site. People have been knocked over and clipped walking along the footway; • Visibility is poor on the road in the daytime and at night with poor street lighting; • The road is an accident blackspot. There are detailed reports of 8 crashes in 4 years on the Daily Post; • Vehicles speed along Fennant Road near to the application site; • The Council should compulsorily purchase the land and carry out the road improvements along Fennant Road using the land; • The speed limit of 20mph appears to have made no difference to the speed of traffic in the locality; • As the proposal for the site is for residential use I would suspect the light goods vehicles

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will be used for commercial use which will be operating from the proposed site against planning permission; • The site across the road from the site was prevented from servicing vehicles on a commercial basis; • Consideration of the application should be delayed until the access is altered sufficiently to cater for wide and long vehicles. Perhaps a ‘dry-run’ should be carried out; • Similar applications for new accesses onto Fennant Road that were previously refused will presumably be approved if this application were to be approved; Use of land • The paddock is a greenfield site; • The site has never been used for residential purposes. The paddock is entirely insufficient to sustain such an extensive development; • The use of the land is not in keeping with the local surrounding and properties as seen from other sites such as Southsea and Homestead Lane in the County Borough; • The land is not Brownfield land. It has been used for grazing and allotments and has fallen into a poor state of repair under current ownership; • Alterations to the land have been carried out previously which are the subject of conveyancing between 1, 2 and 4 Bryn Offa. They have not been made aware of any change of use of land; • If more than one caravan is kept on site it would have an adverse impact on the views from the new housing development higher up on the hill opposite and would affect the value of housing in the area. Will the council be compensating residents if approved?: • Previous planning permission has been refused for housing on this site. this should not be treated any differently; • Many caravans may be placed on the site and this should be corrected in the application; • This type of development should be located in managed local authority sites; • There are covenants attached to the land preventing any use other than agricultural; • Noise and light pollution will occur; Other issues

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• The site has drainage problems and susceptible to flooding on a regular basis; • It is not the correct place for a 75 year old if it is susceptible to flooding; • There are mining shafts connected to underground tunnels which could make the ground unstable; • The site is on Offa’s Dyke; • The proposal will impact upon the World Heritage Site; • The site is highly valued by local residents in terms of ecology on site. This would be adversely affected by the proposal; • Exhaust fumes form the and the use of the private foul sewerage system cause concerns for local residents in terms of health; • Should the existing WCBC site not be expanded if it is considered overcrowded?; • The personal circumstances of the applicant do not outweigh the detriment potentially caused by allowing this proposal; • The use of a biological system for foul water disposal will pollute the water table; • The popular perception of the gypsy lifestyle and culture will have a detrimental effect on the area and its community; • Impact upon school population; and • Security problems have occurred around other similar sites.

1 representation received supporting the application on the grounds that there are a lack of traveller sites in the county

SPECIAL CONSIDERATIONS:

Policy: Policy H9 of the UDP confirms that in exceptional circumstances where sites for caravans for individual gypsy families cannot be accommodated within settlement limits, that consideration will be given to other proposals, subject to normal technical safeguards as raised in policy GDP1.

Planning Policy Wales also confirms that Local Authorities are required to assess the accommodation needs of Gypsy families, and advice contained within Circular 30/2007 confirms that some gypsies and travellers will wish to find and buy their own sites to develop and manage.

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At this present time, it is known from the latest housing needs assessment survey that there is a shortage of gypsy / traveller pitches within the Wrexham area, and therefore it is inevitable that sites for this type of use are likely to be requested by the gypsy / traveller community. This shortage has been known for some time, and the current figures (2013) confirm that there is a need for 21 pitches – of which 15 pitches need to be socially rented and 6 pitches as private sites. As a result the proposal could help towards the private site provision, although the needs might change after 2018, and also the LDP may be available. However, based upon current needs, extra pitches are required.

No information has been submitted with the application to confirm what attempts have been made to find sites within existing settlement limits, but the UDP acknowledges that it is not always possible to find suitable sites within settlement limits. However, proposals should not conflict with environmental and other location based policies. In general, it is anticipated that sites within settlement limits will mostly prove difficult to find, and it is known that the Council does not have an adequate supply of housing land within the existing settlement limits. The Circular acknowledges in para 26 that sites on the outskirts of built-up areas may be classed appropriate, and other rural settings that are not subject to specific planning or other constraints can also be considered.

In this regard, the site is outside any defined settlement limit, but it is not within a green barrier or within any other environmental protection area. The site is within 85m of the buffer area around the nearby SSSI/SAC, and because of the known presence of newts within the area, the use must not undermine ecology interests of that designation. Those ecology impacts will be examined later in the report – see below. Likewise other technical issues will need to be examined.

Finally it is also recognised as part of Circular 30/2007 (para 19) that the issue of site sustainability must be examined, to ensure the health and wellbeing of occupants. Therefore environmental issues and the suitability of the location for the maintenance and support of family and social networks is relevant, and the list of considerations is given as part of para 19, and most of those items appear suitable for the sites as a dual pitch, although some items might be a matter of subjectivity.

Further guidance regarding site design is also given in ‘Good Practice in Gypsy and Traveller Site Design and Site Management’, and accordingly new sites should have safe and direct access to a public road, should be within a reasonable distance of schools, shops, medical services and other community facilities, and sites should have sensitive landscaping and boundary definition to provide seclusion, and not be at risk of flooding and have suitable services.

The Community Council have requested full environmental impact report with the application. I am satisfied that the level of information submitted with the proposal is sufficient to make a meaningful recommendation. No further information has been requested.

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Landscape character: The site is currently well screened by existing hedgerows, and if these are maintained, the use is likely to have little impact upon the landscape character of the area. They have less landscape importance since these are conifer (leylandii) type. However this type of hedge does provide good all year screening, and providing these are maintained to a suitable height, or supplemented with suitable native planting, the use will have limited visual impacts to the wider countryside.

The native roadside hedge has been severely cut back and this has positive implications for visibility for the access. Planning permission was refused in 2015 for a scheme to change the use of the land to provide one gypsy/traveller family pitch on the grounds that the proposed site access could not provide sufficient visibility splays in the interests of highway safety. It is unfortunate that this hedge has been cut back to such an extent and whilst a native hedge could be planted further back in the site, this would require the removal of the mature conifer hedge which affords screening to the site. The establishment time of a new native hedge would be lengthy. It is therefore considered beneficial to retain the conifer hedging to the frontage and promote the planting of native hedging elsewhere on the site which can be secured by way of a RAMs and compensatory scheme to promote the ecological merits of the sites surroundings. I do not consider that the loss of this native hedge is sufficient enough a justification to warrant recommending the application be refused.

Access: The existing access currently serves a small area of land. Given the size of the land holding, usage of the access is very limited. The proposed use however will generate daily trip movements, and therefore visibility at the access point is important for maintaining safety for users of this access and for users of the adjacent highway. It is also noted that there are no footpaths on this side of the road, but there is one opposite for a short section. As is similar for many of the residents living in this part of Fennant Road, there is no pavement leading along much to Fennant Road to local schools, shops etc. Whilst visibility at the access will be very important, the lack of footways cannot be sustained as a reason for objection in this instance.

The existing access has limited visibility splays. However, as the native hedgerow to the west of the access has been reduced in height, it is now possible to achieve visibility splays in accordance with Welsh Government guidelines along a road with 20mph speed limit. Minor alterations are also proposed to alter the position of the gate within the access to facilitate these splays. Parking provision and on site turning facilities have been demonstrated for 6 vehicles. On the basis that the above can be demonstrated and secured with adequate planning conditions, there is no sustainable reason to refuse this proposal on highway safety grounds.

Other matters: a) Footpath: Some residents have raised concerns that the use will impact an existing public right of way. It should be noted that the path is not within

Page 29 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 the site and it only adjoins it. Therefore the use will not cause any adverse impacts. b) Archaeology: Although the site is close to Offa’s Dyke, the use will not have any impact on this nearby feature. This is located further east from the site. c) Impact on neighbours: The proposal is not indicating any on-site business uses, and in any event it is possible for those matters to be controlled by planning conditions – to limit the size of vehicles and to prevent business use of the site. The position of the site offers a reasonable degree of amenity separation. The boundaries of the site are also well defined. d) Amenity of the new occupiers: The site provides reasonable scope for all the normal design features for this type of use to be provided within the area defined by the application site. The amenity block is a reasonable scale for two pitches, and plans have been provided to show the position of on-site parking and turning facilities. Amenity and play space is achievable within the site and I am satisfied that he proposed layout represents an acceptable level of amenity for future occupiers.

The retention of existing hedgerows will help provide some seclusion for the residents in the same way that houses will have private gardens.

The issue of safety for residents entering and leaving the site has been examined earlier. Providing suitable visibility splays can be secured, I do not believe that the safety of residents would be any worse than other nearby residents. e) Flooding: There are no issues in connection with the development in terms of fluvial flooding. The site is not within a defined flood zone. The site is in an area susceptible to surface water flooding however there is no reason to consider that the risk from such an event would warrant the refusal of this proposal. The layout is such that the proposed caravan layout is away from the areas subject to this risk. A note to applicant is recommended to promote suitable construction on the site.

Conclusion: I am satisfied that the proposed development, in terms of its location, layout, and access arrangements will represent a safe and well laid out site to meet the justified need for members of the gypsy/traveller community. The out of settlement location can be fully justified in terms of the Council’s lack of gypsy/traveller site provision. The design of the scheme and the position of the site represents a logical addition in the context of the existing cluster of built development. 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 site shall not be occupied by any persons other than gypsies and travellers as defined by paragraph 3 of Welsh Assembly Government Circular 30/2007. 3. There shall be no more than 2 (two) pitches on the site and on each of the 2 (two) pitches hereby approved no more than 1 (one) static caravan and 1 (one) touring caravan, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, stationed at any time. 4. No mobile home, static caravan or chalet shall be brought onto the site or thereafter replaced until details of its size, external appearance and means of attachment to the ground have been submitted to and approved in writing by the Local Planning Authority. Thereafter only a mobile home, static caravan or chalet that accords with the details as approved shall be sited on the land. 5. No commercial activity shall take place on the site, including the storage of materials and the stationing of any vehicle over 3.5 tonnes overnight. There shall be no loading or unloading of vans, open backed vehicles or lorries on the site at any time other than for domestic purposes. 6. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 0.4001/BM 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. 7. Within three months of commencement of development, full details of a soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include for the provision of ecological enhancement measures taking into consideration the proximity of the site to habitat features favourable for great crested newts. 8. The landscaping scheme submitted and approved in connection with condition no. 7 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 9. The landscaping scheme as carried out in connection with condition nos. 7 and 8 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 10. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 11. 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

Page 31 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 provided across the approved access to intercept any such run off prior to first use of the development. 12. Notwithstanding the removal of the native hedge across the frontage of the site where it adjoins Fennant Road as required by condition no. 10, the existing trees, shrubs and hedges shown on drawing(s) No(s). 0.4001/BM to be permanently retained shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be replaced with trees, shrubs or hedging plants of the equivalent size and species.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. The residential use of this countryside site has only been allowed based on their being a need for gypsy and traveller site accommodation and therefore any future occupation of the site accommodation must be strictly controlled. 3. To define the terms of the planning permission and to ensure that the site layout can be implemented and retained in the interests of the amenity of the site occupiers and those of the surrounding land. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To protect the amenities of the occupiers of nearby properties. 6. In the interests of highway safety. 7. In the interests of the visual amenity of the area and the interests of securing the long term security of species which would otherwise be harmed by this development. 8. In the interests of the visual amenity of the area and the interests of securing the long term security of species which would otherwise be harmed by this development. 9. In the interests of the visual amenity of the area and the interests of securing the long term security of species which would otherwise be harmed by this development. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. In the interests of highway safety. 12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

The site is known to be susceptible to surface water flooding. The applicant is advised to ensure that precautionary construction techniques are employed with this risk in mind. Further advice can be obtained from the council's Flood Management Team on 01978 729734. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0236 UNIT 2 MINERS PARK LLAY 07/03/2016 INDUSTRIAL ESTATE LLAY WREXHAM COMMUNITY: LL12 0PQ CASE OFFICER: Llay PF DESCRIPTION: INSTALLATION OF MOBILE WARD: ASPHALT PLANT AGENT NAME: Llay BOB DEWEY PLANNING APPLICANT(S) NAME: MR B DEWEY ROADWAY CIVIL ENGINEERING

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THE SITE

Land used for storage and sorting of materials

Application site Nearest properties

Located at the south western corner of the Llay Industrial Estate on Miners Road. Industrial and commercial units are located adjacent to the application site to the western and northern boundaries. A highways maintenance depot is located to the eastern boundary.

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PROPOSAL

Planning permission is sought for the partial change of use of land from a B8 (storage of road planings) to a B2 use to facilitate the installation of a mobile asphalt plant. The proposal is therefore to have a mixed use development to store road planings and operate an asphalt processing plant utilising those existing road planings.

The proposal consists of the installation of plant to a maximum height of 19.3 metres in the south eastern corner of the site. The plant consists of the following key elements:

- 2 no. bitumen storage tanks - Material intake bins - Conveyer belt - Processing elements consisting of drying drums, mixing facility and discharge chutes; - Control cabin; and - Discharge loading facility.

HISTORY

P/2000/0242 Change of use to haulage depot. Granted 16.02.2000. P/2005/0844 Construction of new maintenance garage and associated offices. Granted 31.20.2005. P/2014/0291 Use of land for storage of plant and road planings (up to 8000 tonnes). Granted 13.02.2014.

DEVELOPMENT PLAN

The site is located on unannotated land inside a defined settlement limit. Policies PS2, GDP1 and T8 of the Wrexham unitary Development Plan are applicable. Guidance is contained in Local Planning Guidance Note 16 – Parking Standards.

CONSULTATIONS

Community Council: Consulted 09.03.2016 Local Members: Notified 09.03.2016 Site notice: Expired 04.04.2016 Highways: There is adequate space within the site for the manoeuvring of HGVs, plant and machinery. Adequate off road parking is available for staff. It is considered that the proposal is unlikely to have any detrimental impact upon the highway network. Public Protection: No objection subject to an achievable noise level condition to protect the nearest noise sensitive properties. An advisory note is

Page 34 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

recommended to ensure that the applicant is aware that the operation of unit will require Permit Application under the Environmental Permitting Regulations. NRW: The operator will be required to vary their PPC permit to allow for the mechanical treatment of waste on the site. The proposal is not likely to be detrimental to the maintenance of the favourable conservation status of any of the great crested newt populations present within and in the environs of the industrial estate. Neighbouring occupiers: 17 neighbouring occupiers notified. 12 representations received raising the following objections: - There has not been any information given to local residents regarding this application; - There will be no benefits to the residents of Llay as a result of this application; - Concerns raised about health issues relating to Asphalt plants so close to the village. This should be located on a more appropriate site away from homes; - An application was refused last year for a similar scheme on the Wrexham Industrial Estate because of a perceived risk of odour on neighbouring food production businesses. There is a café very close to the site and residential properties on the other side of the bank; - The community has endured many years of odour problems form a nearby landfill site and this should be considered as the Council appeared powerless to control the situation; - The exposure to chemicals from the burning of asphalt causing cancer in animals. Overall, chemicals such as benzene are highly carcinogenic and we are now seeing an increased cancer risk in humans from the number of studies on asphalt. By granting planning permission, the Planning Committee would be condemning the residents of Llay to the chances of contracting some form of cancer; - The proposal will result in increased traffic within the village and increased noise levels;

Page 35 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

- There are great crested newts in the vicinity; - Plants such as this should be in remote areas where they have no impact upon surrounding homes or businesses;

APPLICANTS SUBMISSIONS

The installation of the asphalt recycling plant will enable the company to make better use of materials which are already stored and sorted on the site. In the past, highway resurfacing resulted in a large volume of waste “scalpings” which were simply tipped. The plant will enable them to be mixed with new asphalt and reused.

SPECIAL CONSIDERATIONS:

Design: The proposed plant is located on the southern boundary of the site and extends to a maximum stack height of 19.3 metres. An image of a similar plant is shown below.

Example of similar plant

In terms of visual impact, the site is located to the north of a large area of colliery spoil which limits immediate views from the south of the site. Any views of the structure from the west are likely to be limited by the topography of the land between the site and public viewpoints. From within the site, the facility would be viewed from within the complex of the industrial estate and

Page 36 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 would not be dissimilar to other industrial structures within the vicinity. I therefore consider that the visual impact of the structure is acceptable.

Odour, dust and noise: The main issues for consideration in this instance are the potential impact of the proposal upon the amenity of neighbouring occupiers by way of noise, odour and dust. These issues have been considered by the Council’s Public Protection officers and NRW.

The nearest residential properties to the application site are cluster of dwellings approximately 300 metres to the south east (identified on the plan earlier in this report). A farm is located 0.5km to the west.

Due to the nature of the proposed process a Pollution Prevention Control (PPC) permit will be required to control issues of odour and dust. As a part of the permit application process, the developer will be required to ensure that the process will be operated to ensure that odour levels are sufficiently controlled so that they are not experienced beyond the site boundary in an offensive way. Likely sources of odour are fumes from the discharge stack and odours released during the loading and unloading of materials.

The PPC permit will also seek to control dust levels as part of the process. Dust is likely to be as a result of the loading of the machine with the road planings. It should be noted that the site is currently utilised for the storage and sorting of road planings, an activity that has been ongoing for at least two years without complaint and subject to a control permit from NRW. There will be a negligible difference in the movement of material from the existing stockpiles into the receiving hoppers of the machine. Any impact as a result of this proposal will be insignificant to neighbouring receptors.

Odour and dust suppression matters are governed by other legislation through the PPC permit process, a process which imposes controls to ensure the potential impacts of the development are set with Welsh Government acceptable levels. However, bearing in mind these strict controls, the distance of the nearest residential properties and the nature of the immediate setting of the application site, I do not consider that this proposal will represent a nuisance in terms of odour and dust. Normal dust control measures relating to the construction of the facility are a planning matter, however I do not consider that there will be a detriment to neighbouring site occupiers as planning conditions can be opposed.

Noise: Again, Public Protection has confirmed that the technical specification of the proposed facility will not result in inappropriate levels of noise to sensitive receptors. The site is currently permitted to store and manually sort the material to be processed. Additional noise generated by plant loading the machine will be insignificant and the plant operates at such a specification that noise is not likely to emanate from the site at detrimental levels. Operational noise level controls as well as the control over construction hours of the facility can be imposed by planning condition.

Page 37 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

Public health: Representations have been raised relating to the perceived link between the asphalt production process and instances of cancer. I am not aware of any planning guidance relating to any evidence that such a risk has been proven or exists. This is an established and highly regulated process which and I have no such information before me to justify a recommendation for refusal of planning permission on health grounds.

Comparisons with other similar schemes: Representations have been made regarding the refusal of Planning permission by the Planning Committee in 2015 (P/2014/0845) for the erection of an enclosed asphalt plant on land at the junction of Clywedog Road North and Way, Wrexham Industrial Estate. This application was for the erection of a similar plant within an enclosed building with the material to be recycled also enclosed within the building. A proposed single chimney stack was to vent emissions.

In this situation, it was acknowledged that the application site was located in close proximity (60m to 125m) to a number of large scale high volume food manufacturing businesses, namely Ash Manor Cheese Company, Roil Foods and Village Bakery. These businesses alone are known to employ approximately 500-600 people. A recent £4 million investment in the vicinity of the site by Village Bakery for an Innovation and Bakery Centre has been completed and a current application for planning permission by the same company is being considered for a new large scale bakery facility. A collective objection was received by these businesses primarily on the grounds of noise, odour and air quality impacts upon these neighbouring businesses and the compatibility of the conflicting land uses.

In refusing the 2015 application referred to, it was considered that there was a perception from these food companies that their proximity to an asphalt business would pose an unacceptable risk potentially compromising their products. This would lead to additional expense to address the problem and loss of additional investment in the area or ultimately to protect the product those businesses relocating. If this were to occur it could have significant consequences in terms of employment losses within the area and potentially hinder significant business investment in the vicinity in general. This decision was carefully considered weighing the balance between the benefits of the proposal in terms of new employment against the risk of a significant loss of employment and future investment in the area.

The proposal currently before members, whilst similar in terms of process and scale, is not considered to pose the same risks to existing local manufacturing processes because if its location and context. There are no food manufacturing businesses of the same scale as those discussed above in the same proximity to the site. It is understood that the nearest food manufacturing/processing business is located approximately 450 metres to the north east of the site. I see minimal perceived risk in this instance that could result in the same level of harm to local employment or investment prospects.

Page 38 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

Highways: Highways are satisfied that there is adequate space within the site for the manoeuvring of HGVs, plant and machinery. Adequate off road parking is available for staff. It is considered that the proposal is unlikely to have any detrimental impact upon the highway network.

Other matters: The proposed development has been publicised by the Council in accordance with its normal procedures and in accordance with the Town and Country Planning (Development Management Procedure) Order (Wales) 2012 (as amended) (DMPO). A site notice was posted and immediate neighbouring occupiers of the site were notified which goes beyond the requirements of the DMPO.

The site is in close proximity to ponds which have been known to have a great crested newt presence. However, this is an operational storage and transfer site and it is consider that this proposal represents a very low risk to great crested newts. No objections are raised by the Council’s ecologist.

Conclusion: I am satisfied that this proposed industrial installation on an existing, well established industrial estate will be acceptable in terms of the amenity the nearest sensitive receptors. There will be limited impact upon amenity due to strict environmental legislative controls. For this reason, and on balance of the economic benefits of this commercial activity in a commercial setting, 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 07 March 2016 and as contained within the application documentation. 3. 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 Methods for rating and assessing industrial and commercial sound. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 5. No development shall take place until a scheme of measures for the suppression of dust has been submitted to and approved in writing by the local planning authority. The scheme as approved shall be implemented throughout the operational period of the development. 6. No plant or machinery (excluding vehicles required for highway maintenance) shall be operated on the site outside the following times - 0700

Page 39 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 to 1800 Monday to Saturday and at no time on Sundays, Bank or Public Holidays 7. Cleaning facilities for the wheels of vehicles prior to their leaving the site and entering the public highway shall be installed prior to first use of the development in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. All vehicles leaving the site shall use these facilities which shall thereafter be permanently retained in an effective condition.

REASON(S)

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

NOTE(S) TO APPLICANT

The asphalt plant will be subject to control under the Environmental Permitting (England and Wales) Regulations 2010 (as amended). A Permit Application will need to be submitted, and an Environmental Permit obtained, prior to operation of the plant. A Part B Application Form is available from the Wrexham County Borough Council website, or by contacting the Environmental Protection Section on 01978 298989. ______

Page 40 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0263 LAND SOUTH OF CHESTNUT 11/03/2016 COURT SUMMERHILL ROAD SUMMERHILL WREXHAM LL11 4SP COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: JMB 3 NO. LIME TREES (T31, T32 AND T33) - FELL TO GROUND, 1 NO. WARD: SYCAMORE TREE (T44) - FELL TO AGENT NAME: Gwersyllt West GROUND AND TREE SOLUTIONS LTD 1 NO. YEW TREE (T48) - FELL TO GROUND (TREES PROTECTED BY TPO WMBC NO 8)

APPLICANT(S) NAME: S G ESTATES LTD

______16/0263 THE SITE

Land South of Chestnut Court, Summerhill Road, Summerhill, Wrexham

1 Sycamore

1 Yew Tree

1 Horse Chestnut 2 No Lime Trees

Page 41 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

PROPOSAL

To fell 1 No horse chestnut, 2 No lime trees, 1 No sycamore and 1 No yew tree. Trees all subject to Tree Preservation Order WMBC 08/1975

HISTORY (Most recent)

P/2015/0607 Erection of 20 dwellings including access. Granted 14.01.2016 P/2014/0262 Outline application for the Erection of 20 dwellings and formation of new vehicular and pedestrian access from Chestnut Court. Granted 06.02.2015

DEVELOPMENT PLAN

Policy EC4 ‘Hedgerows, Trees and Woodland’ refer.

CONSULTATIONS

Community Council: No objections. Local Member: Objections. Local Resident: Objection. Site Notice: Posted 18.03.2016

SPECIAL CONSIDERATIONS

Proposal: To fell five trees within the site boundary to facilitate the eradication and on-site burial treatment of the invasive plant species Japanese Knotweed (Fallopia japonica). The five trees proposed for removal were subject to a planning condition agreed for retention under application P/2015/0607.

Objections: The Local Member stated his objections to the loss of these trees.

A local resident has also objected to the felling of the trees due to the impact upon both the existing skyline and the boundary line to the local Greenbelt. Particular concerns were stated for the loss of the yew tree due to its mature age.

Gwersyllt Community Council, whilst lodging no official objection, questioned as to why the issue of Japanese knotweed impacting upon certain trees was not addressed during the original application to develop the site for residential purpose (P/2015/0607). This question was addressed by email with no further responses received.

Page 42 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

Discussion:

It is unclear as to why the potential impact of Japanese knotweed upon certain retained trees was not addressed during the application to develop the site. Two of the five trees, the sycamore and the yew, have substantial levels of knotweed present around and within their respective root protection areas (RPA). The eradication of knotweed from around these two trees would involve repetitive chemical treatment followed by excavation of contaminated plant material to a significant depth within infected soil. Both procedures would have caused significant harm to tree roots as well as the structural stability and physiological condition of both trees.

In an attempt to retain both trees, the option of chemical treatment alone was discussed. Whilst no excavation would be required with this approach, the option was ruled out due to the unacceptable high level of time, totalling years, repeated treatments would be required with the process itself rendering the garden areas of the built plots affected unusable. Also no guarantee could be provided that the chemical treatment alone would have no adverse impact upon soil or tree health.

In accordance with advice from Natural Resource Wales (NRW) the applicant proposes to address the issue of Japanese knotweed with a combination of spot herbicide treatment followed by deep excavation and controlled burial of treated material. Current NRW guidelines in addressing this invasive species recommend burial of treated material on-site rather than risk further spread of plant material by risking transportation off site to official designated burial sites.

To address the issue of eradicating Japanese Knotweed and the impact upon certain trees on site, a site meeting was arranged between the applicant, a consultant specialising in Japanese Knotweed and myself. Despite initial desires to retain both the prominent sycamore and the yew it became clear that due to the chemical treatment process and the significant level of soil disturbance and damage to root and tree which may occur, it became clear that the only practical option was to allow for the removal of both trees with appropriate mitigation within the site boundary. This approach would allow for the effective treatment of the knotweed whilst allowing for construction and occupancy of dwellings and for the undertaking of an agreed replacement planting scheme. Following the chemical treatment and burial process a period of annual monitoring of the site for knotweed will be undertaken by a qualified specialist.

An area of land within the site boundary was identified as being suitable to accommodate the required burial of the Knotweed. Following consideration of the impact upon local amenity, specific trees within the area of the nominated burial site were selected for removal. The burial site contained one horse chestnut and two lime trees, any loss in amenity value would be suitably mitigated by replacement planting of three new trees for each one of the total five trees across the site proposed for removal.

Page 43 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

Conclusion:

The removal of the five trees forms the basis for the most efficient and effective process in eradicating the Japanese Knotweed from the site. To mitigate the loss of amenity and biodiversity from site, replacement planting of 15 No additional trees has been agreed and will be undertaken following completion of the development.

RECOMMENDATION

That full consent is GRANTED without modification to fell 1 No horse chestnut, 2 No lime trees, 1 No sycamore and 1 No yew tree. The loss of all five trees is to be mitigated through the replacement planting of 15 No trees of similar species and of an appropriate size for immediate visual impact.

CONDITION(S)

1. All tree works hereby approved shall be undertaken to the standards set out in British Standard 3998:2010 Tree Works - Recommendations. 2. The tree works hereby approved shall be commenced within one year of consent being granted. 3. All trees removed as part of this consent shall be suitably replaced. Details of the replacement tree(s) including species, stock size and planting location shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the approved works. The approved replacement planting shall be undertaken during the next available planting season following removal, unless a time extension is otherwise agreed in writing by the Local Planning Authority.

REASON(S)

1. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 2. To ensure the work is completed within a reasonable time scale. 3. To ensure the character and amenity of the locality is not detrimentally affected in the long term.

______

Page 44 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0274 UNIT 1 CHARLES STREET 16/03/2016 WREXHAM LL13 8BT COMMUNITY: CASE OFFICER: DESCRIPTION: KH CHANGE OF USE FROM HAIR SALON TO TAXI / PRIVATE HIRE WARD: OFFICE AGENT NAME: Smithfield BLUEPRINT APPLICANT(S) NAME: ARCHITECTURAL MR W JONES SERVICES LTD MR STEVEN ELTHAM

______2016/0274 THE SITE

SITE

Located off the northern side of Charles Street, Wrexham.

PROPOSAL

Change of use from hair salon to taxi / private hire office.

Page 45 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

HISTORY

P/2009/0663 Erection of new fascia sign. Granted 14.10.2009. P/2009/0662 Change from retail to office. Granted 05.10.2009.

DEVELOPMENT PLAN

Within a secondary shopping street and Charles Street Conservation Area. Policies PS1, PS2, GDP1 and EC7 refer.

CONSULTATIONS

Community Council: No objection if it is to facilitate a relocation of Apollo but would have concerns if it is for an additional facility which would intensify the use in the area. Local Member: Notified 23.03.2016. Highways: Charles Street is a one way street subject to a Traffic Regulation Order which restricts access to that of Apollo taxis, disabled access and loading / unloading of commercial vehicles. No objection. Public Protection: No comments. Wrexham Area Civic Soc: Consulted 23.03.2016 Neighbours: One letter of objection on the following grounds:- • Increase in noise to detriment of neighbours, particularly 17a, which is next door to the current Apollo taxis office. Already excessive noise particularly at weekends but also through the week. Most noise is from people waiting for taxis but also from vehicles leaving and arriving. The new taxi office would result in a slightly larger customer base. • Highway safety issues will increase. Currently taxis pick up from a small waiting bay outside the existing taxi office. With relocation across the road, taxis will pick-up on the pavement with increased obstruction of traffic and pedestrians. Site Notice: Expired 05.05.2016.

SPECIAL CONSIDERATIONS

Background / Proposal: Apollo taxis are currently situated at 18 Charles Street and are to be relocated to the proposed site which is on the northern side of Charles Street. The business has outgrown its current offices and requires more area to allow the business to expand.

Amenity: Whilst I am conscious of a neighbour’s objections and concerns I am aware that whilst it is anticipated that the larger premises may generate

Page 46 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 slightly greater numbers, I would not anticipate any significant increases in noise levels to the detriment of neighbours. Noise levels are likely to be comparable to the existing and a larger waiting room facility will take some of the customers off the street.

Highways: Concerns from a neighbour have also been expressed in relation to an increase in traffic and given the slight relocation, would not utilise the small parking bay outside the current taxi office which would result in more indiscriminate parking including parking on pavements. Whilst the taxi office will provide for a larger waiting room to improve customer facilities it does not necessarily mean that significantly more traffic will be generated. The parking bay is a communal facility and the taxis visiting the site would, as previously, have to compete with other users. It is also likely that only a restricted number of taxis would turn up at one time. With regards to obstructing the pavement, the Police could take action to prevent an obstruction. Highways have raised no concerns.

The existing taxi office could potentially be utilised by another taxi operator but I have no control over the future use of the premises. Noise levels could increase but I would not anticipate significant increases in noise.

Charles Street is a one way street subject to a Traffic Regulation Order which restricts access to that of Apollo taxis, disabled access and loading and unloading. Whilst the Traffic Regulation Order could change in the future it is unlikely that access would be uncontrolled.

Conclusion: I am satisfied that the scheme is acceptable and should not significantly increase noise or traffic movements on Charles Street.

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.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.

______

Page 47 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0278 CASA NABUN TALLARN GREEN 18/03/2016 ROAD TALLARN GREEN WREXHAM SY14 7LL COMMUNITY: CASE OFFICER: Willington and DESCRIPTION: PF Worthenbury CONVERSION AND EXTENSION TO BUNGALOW TO FORM TWO STOREY DWELLING AND SIDE AGENT NAME: WARD: EXTENSION TO PROVIDE UTILITY MR DAVID FORD ROOM

APPLICANT(S) NAME: MR DAVID FORD

______

THE SITE

Settlement Limit

Footprint of dwelling

PROPOSAL

Planning permission is sought for the erection of a first floor extension to the dwelling effectively consisting of the increase in height of the dwelling from a single storey (bungalow) property to a two storey 5 bed dwelling. The overall height of the dwelling will increase as shown on the comparison images later in this report. There will be no deviation from the existing footprint of the

Page 48 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 dwelling apart from a small utility room extension to the eastern elevation, which, on its own would be deemed as permitted development.

HISTORY

CB00719 Erection of bungalow. Granted 13.01.1997. CB01268 Erection of bungalow. Granted 02.07.1997.

DEVELOPMENT PLAN

The site is located outside but adjacent to the northern Tallarn Green settlement limit as defined by the Wrexham Unitary Development Plan. Policies PS2, GDP1 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 13 – Housing in the Countryside, 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

Community Council: Consulted 22.03.2016 Local Member(s): Notified 22.03.2016 Site notice: Expired 13.04.2016 Neighbouring occupiers: 6 neighbouring occupiers notified. 3 objections received raising the following points: • The proposed development will seriously overlook Laburnum Cottage and Silverdale; • There is very little parking provision associated with the application site and construction vehicles are likely to block a shared right of way; • Perhaps the plans should be amended so that facing windows at first floor level; and • The proposal will dominate the skyline and look out of place in the rural area.

SPECIAL CONSIDERATIONS:

Design and amenity: The proposal will effectively alter the property from a bungalow to a two storey gable ended dwelling. The architectural styling of the dwelling will be the same save for the increased height. This increase in height and the potential impacts upon the amenity of the neighbouring occupiers is the main issue for consideration. A comparison of the existing and proposed principal elevations is shown below.

Page 49 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

Existing front elevation

Proposed front elevation

I consider that the design of the proposed extension is sympathetic to the character of the area and similar to other new build dwellings seen recently built in Tallarn Green. I therefore consider that the alterations will not appear at odds with the styling of other dwellings in the village.

Normally, extensions to dwellings in open countryside locations are restricted to a 1/3 increase in floor area as stated in LPG13. This proposal will result in a 100% increase. However, as noted above, the substantive footprint of the dwelling will not change and the property is located in a location which would form a logical continuation to the village setting adjacent to the Tallarn Green settlement limit.

Concerns have been made in relation to the overall height of the proposed dwelling appearing incongruous in the village. The site is located behind dwellings which front the main highway through the village at a distance of some 50 metres. Any views of the increase in height of the dwelling would merely be a change in perception to villagers – it would not be to the detriment of village setting.

Page 50 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

The extension to the dwelling would meet the separation standards set out in LPG20. There is a potential for overlooking into the rear garden area of Laburnum Cottage. However, the windows in this facing first floor elevation are non-habitable windows (landing, walk in wardrobe and en-suite) with a small secondary bedroom window. A condition can be imposed to ensure that these windows are obscurely glazed.

Highways: The proposal would require the provision of a maximum number of 5 parking spaces in accordance with LPG16. This can be achieved on site. Any concerns about construction traffic blocking a shared access are not a planning matter. The minor domestic nature of the construction works does not require any special amenity controls in planning terms.

Conclusion: I consider that this proposal is acceptable in terms of local planning policy and guidance in relation to householder development in the open countryside. 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 18 March 2016 and as contained within the application documentation. 3. Notwithstanding the details contained in the approved plan, all proposed window openings in the rear (Northern) elevation at first floor level shall only be glazed and re-glazed using obscure glass. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no windows or other openings shall be inserted in any elevation of the first floor of the building facing North.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT

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

Page 51 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 amended plans.

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

All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution.

The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's 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. The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. ______

Page 52 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0289 1 FFORDD TUDNO WREXHAM 23/03/2016 LL12 7RH

COMMUNITY: DESCRIPTION: CASE OFFICER: Acton CONVERSION OF LOFT, INSERTION SEH OF 6 NO. ROOF LIGHTS (3 TO FRONT AND 3 TO REAR) AND WARD: INTERNAL ALTERATIONS TO AGENT NAME: Acton PROVIDE STAIRCASE D2 ARCHITECTS MR ROBERT ADAM APPLICANT(S) NAME: LLOYD MR S STOCKER

______

THE SITE

Application Site

PROPOSAL

As above

HISTORY

P/2013/0184 Car Port Granted on 15.04.2013

Page 53 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: Consulted 03.05.2016 Local Member: Notified 03.05.2016 Site notice: Expired 24.05.2016 Other representations: 1 letter of objection received raising the following concerns: • the conversion of the loft space will create a large amount of additional floor space within the dwelling. Given that the property is occupied by just 2 people, there is no obvious need for the additional space; • the additional space could be used in the future in connection with the proposed business use of the property.

SPECIAL CONSIDERATIONS

Background: Proposed is the installation of an internal staircase to provide convenient access to the existing storage area located within the loft space. In order to meet with fire safety regulations, the loft space must be subdivided into two areas. However, theses spaces are to remain for storage purposes. These internal works do not require the benefit of planning permission.

Also proposed is the insertion of 6 no. roof lights (3 to front and 3 to rear), for which planning permission is required, as they lie within 10.5 metres of a side boundary of the dwelling. The roof lights are intended to provide natural daylight to the loft space. The relevant planning considerations therefore relate only to the impact of the insertion of the roof lights upon local residential and visual amenity.

Design and residential amenity: The roof lights are acceptable in terms of scale and design. The openings have been designed to be in keeping with, and sympathetic to, the character and appearance of the existing dwelling and surrounding area. By virtue of their design and location, the insertion of these openings will not lead to any loss of privacy to the surrounding properties.

Agent’s Statement: The loft is currently a large storage space accessed via a small ceiling hatch. It is the client’s intention to retain the current storage use of the loft space. The new stair and roof lights are being proposed to assist the applicant with access to the loft storage space along with natural light through the roof windows.

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Other matters: A separate application has been received by the Council which proposes a single storey extension to provide fitness room, office and changing area for business purposes. This application has not yet been validated (as the application fee is outstanding) and is not currently under consideration. The invalid application is not relevant to this scheme for roof lights, and this application should be determined on its own merits.

Conclusion: I consider the roof lights proposed to be acceptable in terms of scale and design, and there would be no significant impact upon local visual or residential amenity. The development is in accordance with the Council’s adopted policies and guidance and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered A06 Rev X, A05 Rev A and contained within the application documentation.

REASON(S)

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

NOTE(S) TO APPLICANT

All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution.

The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

______

Page 55 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0316 LAND SOUTH OF GLYN HEULOG 05/04/2016 GREEN ROAD WREXHAM LL11 5DR COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: MP VARIATION OF CONDITIONS NOS 2 AND 3 OF PLANNING PERMISSION WARD: P/2013/0293 TO EXTEND THE TIME AGENT NAME: Brymbo PERIODS OF THE PLANNING BOB DEWEY PLANNING PERMISSION AND TIME PERIOD MR B DEWEY FOR SUBMISSION OF RESERVED MATTERS

APPLICANT(S) NAME: MR KEITH JONES

______P/2016/0316 THE SITE

Application site

Page 56 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

PROPOSAL

As above.

HISTORY

P/2010/0357 Outline application for erection of 2 storey two bedroom detached dwelling and formation of vehicular access. Granted 14.6.2010 P/2013/0293 Variation of Conditions 2 and 3 of planning permission P/2010/0357 to extend time periods for submission of reserved matters and planning permission. Granted 7.6.2013

DEVELOPMENT PLAN

Within settlement. Policies GDP1, H2 and T8 apply.

CONSULTATIONS

Community Council: Consulted 20.4.16 Local Member: Notified 20.4.16 Public Protection: No comments. Highways: No objections on highways grounds. Welsh Water: Consulted 20.4.16 NRW: No comments. Site notice: Expired 18.5.16 Neighbours: The owners/occupiers of 9 nearby properties notified 18.5.16. 1 representation expressing no objection provided conditions attached to the original planning permission are still in force – two in particular: - That a footpath be constructed along the site frontage with Green Road; - That a reinforced engineer designed retaining wall along Holland Road be constructed.

1 representation objecting to the application for the following reasons; - Additional traffic coming out onto an already hazardous road; - The only passing area is the entrance to Holland Road. Building a house on the junction will make this over dangerous.

SPECIAL CONSIDERATIONS

There have been no material changes in planning policy or local circumstances since outline permission was previously granted that would

Page 57 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 warrant this application being refused. With the exception of conditions requiring compliance with Code for Sustainable Homes, which is no longer a national planning policy requirement, I am also satisfied that the conditions previously imposed remain necessary.

Whilst noting the concerns expressed by the objector, the impact of the traffic generated by this development (which will be limited given that only 1 dwelling is proposed) as well as local road conditions will have been taken into account by Highways when the previous planning permissions were granted. Highways have not objected to this application therefore I can only conclude that local highway conditions have not materially changed and that the development will therefore not pose a significant risk to the safety of road users.

CONCLUSION

The development accords with relevant UDP policies.

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. 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. The development shall be carried out in strict accordance with approved drawing no. J019/001 in respect of layout and access. 5. The landscaping scheme submitted and approved in connection with condition 03 shall be fully implemented in accordance with a timescale that shall be submitted with/as part of that scheme. 6. The landscaping scheme as carried out in connection with condition no. 05 shall be retained for a minimum of 5 years. Within this timescale, any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 7. 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. 8. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water,

Page 58 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 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. 9. A 2 metre wide footway shall be constructed back from the edge of the existing highway along the full frontage of the development site prior to the occupation of the proposed dwelling. 10. The first 5 metres of the access back from the highway carriageway shall be hard surfaced, shall be free of any gates and shall have a gradient no steeper than 1 in 10. 11. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2 metres x 39 metres to the north measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 12. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2 metres x 39 metres in a southerly direction 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. 13. No part of the development shall commence until details of retaining wall and road widening proposals including channel blocks have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking, re-enacting that Order with or without modification), no buildings (to include garages, sheds, greenhouses, outbuildings etc) shall be erected, or placed on the land edged red on the approved drawing no J019/001 under Class E of Schedule 2 Part 1. 15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking, re-enacting that Order with or without modification), no extensions or additions to the dwelling as approved shall be erected under Class(es) A, B, C, D of Schedule 2 Part 1. 16. No development shall commence until details of the siting and construction of the retaining wall have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in strict accordance with the details as approved. 17. No development shall be commence until a scheme for the replacement of channel blocks and widening of the carriageway fronting the site has been submitted to and further approved by the Local Planning Authority. The scheme as approved shall be implemented prior to the first occupation of the dwelling hereby granted permission.

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REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure that the development fully complies with the appropriate policies and standards. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To 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. 8. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 9. In the interests of highway safety. 10. In the interests of highway safety. 11. In the interests of highway safety. 12. To ensure that adequate visibility is provided at the proposed point of access to the highway. 13. To enable the control of matters not detailed in the application in compliance with the appropriate policies and standards 14. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority. 15. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority. 16. In the interests of highway safety. 17. In the interests of highway 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.

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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). 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

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 61 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0321 WERN HOUSE WERN LANE 06/04/2016 RHOSLLANERCHRUGOG WREXHAM COMMUNITY: LL14 2BT CASE OFFICER: Rhos PF DESCRIPTION: DEMOLITION OF WERN HOUSE, WARD: ERECTION OF ONE PAIR OF 2 AGENT NAME: Pant BEDROOM SEMI-DETACHED DMS ARCHITECTURAL DWELLINGS AND ONE 3 BEDROOM SERVICES DETACHED DWELLING WITH MR DAVID SELVEY ASSOCIATED PARKING AND TURNING FACILITIES

APPLICANT(S) NAME: MR & MRS A & R MCDONALD- BROWN DMS ARCHITECTURAL SERVICES

______

THE SITE

Page 62 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

PROPOSAL

Planning permission is sought in full for the demolition of an existing detached dwelling and for the erection of three dwellings consisting of a pair of semidetached and a single detached dwelling. The proposal also includes for a new vehicular and pedestrian access and parking provision for 6 no. vehicles.

HISTORY

P/2015/0176 Erection of 6 dwellings (3 pairs of 3 bed semi-detached) with associated parking. Refused 26.05.2015. P/2015/0642 Erection of 4 dwellings (2 pairs of 2 bed semi-detached) and alterations to access. Refused 16.10.2015.

DEVELOPMENT PLAN

The site is located within a settlement limit defined by the Wrexham Unitary Development Plan. Policies PS1, PS2, PS3, PS4, GDP1, H2 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards, 21 – Space Around Dwellings and 30 – Residential Design Guide.

CONSULTATIONS

Community Council: Consulted 08.04.2016 Local Member(s): Notified 08.04.2016 Site notice: Expired 10.05.2016 Highways: Whilst visibility at surrounding road junctions is sub-standard, it is considered that the improved visibility, access and parking arrangements would be a material gain, sufficient to offset the visibility deficiency identified. Conditions are recommended. Public Protection: Amenity protection conditions and advisory notes recommended. NRW: Liaise with Council’s Ecologist Welsh Water: Recommends submission of drainage scheme as a pre-commencement condition Neighbouring occupiers: 12 neighbouring occupiers notified. Two responses received raising the following points: - The access to the proposed properties via Victoria Street is already congested with cars parked on both sides and on the pavement. The additional traffic will make it extremely dangerous for children and pedestrians;

Page 63 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

- The overspill parking from the properties will almost certainly park along Victoria Street; - The parking situation on and around church street is really bad and it is not stated on the plans how many parking spaces per house are going to be allocated; - The proposal will also result in heavy construction vehicles using such a narrow lane causing potential harm to pedestrians.

SPECIAL CONSIDERATIONS:

Background: Planning permission has previously been refused on two occasions for proposed residential development on this site. Both applications, submitted and determined in 2015, included a proposal for a higher number of dwellings than that proposed in this application. Initially, 6 no. dwellings consisting of 3 pairs of semidetached 3 bed dwellings (P/2015/0176) and later 4 no. dwellings consisting of 2 pairs of semidetached 2 bed dwellings (P/2015/0642). On both occasions, these planning applications were refused due to the potential detrimental impact of the increased traffic movements using the substandard highway network in the vicinity of the site, namely the width of Wern Lane and its junction with Church Street and the nearby junctions of Victoria Street and Cemetery Road and Cemetery Road with Church Street. The proposal now presented has sought to reduce the number of proposed dwellings and introduce highway improvement measures. These are discussed below.

Highways: The proposal includes for the demolition of Wern House. Whilst no floor plans have been submitted with the application of this existing dwelling, it is known to have at least 4 bedrooms. Vehicular access and off street parking to the dwelling is limited to one vehicle and taken off Wern Lane. There is currently no turning facility and visibility from this access is severely sub-standard.

The proposed scheme would require a maximum parking provision of 7 spaces in accordance with LPG16. Six spaces are proposed along with the provision of two formalised spaces for Wern Villa which currently utilises a substandard access onto the bend of Wern Lane. The proposed access to the site would be made from Wern Lane where it bends round to merge with Victoria Street. Additionally, the proposal also includes for the reduction in height of the existing wall which bounds the site along the entire length of Wern Lane from its height of approximately 1.8 metres to 0.9 metres. A proposed site layout plan is shown below for the benefit of Members.

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Proposed layout

It is accepted that, in normal circumstances, a recommendation that planning permission be refused would be made where the number of dwellings would be increased where there is a substandard highway network. However, the proposal as presented does offer the opportunity to provide for a significant number of highway improvements which address the highway issues addressed above. For ease, I have itemised these benefits below: - Each proposed dwelling would be provided with two no. off road spaces with an adequate turning provision; - The site access would be widened to accommodate the simultaneous passage of vehicles - Visibility from the access would be significantly improved by the reduction of the entire height of the wall; - The reduction in the height of the wall will greatly enhance forward visibility along Wern Lane ensuring adequate inter-visibility between vehicles and pedestrians; - A neighbouring development site at the former Wern School is to provide footway provision and road realignment along part of Wern Lane, a conditional requirement of planning permission P/2012/0010 shown below).

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Highway improvements secured by neighbouring development – P/2012/0010

Application site in question – P/2016/0321

Footway improvements required by condition of P/2012/0010

The existing 4 bed dwelling to be demolished would generate its own traffic movements where there is only one substandard parking space. There is a significant likelihood that overspill parking from this dwelling would park along Victoria Street. The proposal seeks to replace this dwelling with three dwellings with designated off street parking one space short of the maximum requirements. I consider that this shortfall in parking will result in a situation where there is less risk of overspill parking along Victoria Street than the current situation.

In addition to the provision of off street parking and turning areas, I consider that the significant improvements to the existing site, the reduction in height of the wall and the formalised parking provision for Wern Villa represent significant highway improvements to the area which would outweigh concern about the additional traffic movements utilising the surrounding highway network. Given the orientation of the access to the site, traffic is likely to use the route via Victoria Street. Whilst there is on street parking congestion along this road, again, I do not consider that the potential impact of additional traffic from two additional dwellings outweighs the significant benefits that can be achieved along Wern Lane from this scheme.

Design and amenity: The site at present consists of an open area of cleared land which once formed the large garden area to the rear of Wern Villa and a smaller section formed by the garden area of Wern House. This sits behind the high wall along Wern Lane, but views into the site can be made from the eastern site boundary.

As part of the proposed highway improvements works to reduce the height of the boundary wall the site will become open and visible to the streetscene. I am satisfied that the design of the proposed dwellings are simple and are

Page 66 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 sympathetic to the varied architectural styling in the area. Standard conditions can be imposed to secure further approval of facing materials. The general setting of Wern Lane will also improve generally by the removal of the high wall, providing a more residential feel to a secluded area of the village.

The proposal has been considered in view of the council’s separation standards in relation to new residential development. Hafan Cerdd to the north of Wern Lane directly faces the site. The proposed semidetached units would sit side on gable facing Hafan Cerdd approximately 5 metres further east on the site and moves away from the highway boundary. This deviation from the footprint of the existing dwelling is a minor one and will not result in harm to the amenity of Hafan Cerdd. The proposed detached unit would sit at a slight angle away from the rear elevation of Wern Villa. I consider this mitigates the shortfall in separation standard between the proposed unit and Wern Villa of 18 metres where 22 metres is normally required.

The private amenity space for the proposed dwellings and the rear of Wern Villa accord with the Council guidance, however, due to the orientation of the detached unit in relation to its boundaries, the removal of permitted development rights for this dwelling will be required. There are no windows proposed in the dwellings which would cause any loss of privacy to neighbouring occupiers.

Other matters: Wern Lane is a very narrow bi-directional highway. However vehicles cannot pass simultaneously and there is the potential for nuisance to be caused to nearby residents during the construction period both in terms of highway safety and noise levels. I therefore consider that it is justifiable in this instance to secure the submission of a Construction Traffic Management Plan, a Dust Management Plan and a condition to control the hours of construction.

Conclusion: The proposed residential development of the site is acceptable in principle. Careful consideration has been given to weighing the balance between the potential increase in traffic movements and the highway improvements proposed. It is considered that there are significant benefits which will outweigh any potential harm caused by these traffic movements. For this reason, 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 FC32/RW0216/1a, FC32/RW0216/2a and contained within the application documentation. 3. Notwithstanding the requirements of condition no. 2, no external plumbing or ventilation pipes shall be installed until further details of their

Page 67 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 location, design and materials have been submitted to an approved in writing by the local planning authority. The scheme shall be implemented in accordance with those details as approved. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no further development shall take place to the detached dwelling under Classes A, B, C or E of Schedule 2 Part 1, other than the development hereby granted permission. 5. Prior to the occupation of the development hereby approved, the existing boundary wall forming the entire northern boundary of the application site shall be reduced in height so that no part of the boundary wall measures in excess of 0.9 metres measured from the height of the adjoining highway known as Wern Lane. 6. Nothing shall be planted, allowed to grow or erected to a height greater than 0.9 metres in height above the level of the nearside edge of the adjoining highway for a distance of 2.4 metres measured back from the adjoining highway along the frontage with Wern Lane from the vehicular access to a point 25m to the west. The splays shall be provided prior to first use of the development and shall thereafter be permanently retained clear of any such obstruction. 7. The vehicular access hereby approved shall be a minimum width of 4.8 metres. 8. Prior to the commencement of development, a scheme of hard and soft landscaping, to include details of all hard surfacing areas and boundary treatments shall be submitted to an approved in writing by the local planning authority. The scheme shall also include a timescale for their implementation and the scheme as implemented shall be retained in this condition thereafter. 9. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 15 metres in both directions measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 10. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 11. The vehicular parking and turning areas as shown on approved drawing(s) No(s). FC32/RW0216/1a 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. 12. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented. 13. 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.

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14. 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. 15. 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.

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. Due to the orientation of the dwelling in relation to the site boundary and the limited private amenity space associated with the dwelling it is considered necessary to control future householder development on the site. 5. To ensure that adequate visibility is provided at the proposed point of access to the highway. 6. To ensure that adequate visibility is provided at the proposed point of access to the highway. 7. To ensure the formation of a safe and satisfactory access. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure that adequate visibility is provided at the proposed point of access to the highway. 10. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 11. To 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. 12. In the interests of highway safety. 13. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 14. To protect the amenities of the occupiers of nearby properties. 15. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

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

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

The proposed development lies within an area 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). 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

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 applicant is advised that compliance with condition no. 13 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.

Applicants are advised that compliance with condition no. 15 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.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:

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

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

Page 71 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0327 LAND SOUTH OF RIDLEYWOOD 06/04/2016 LANE AND EAST OF BRYN LANE WREXHAM INDUSTIAL ESTATE COMMUNITY: WREXHAM CASE OFFICER: LL13 9UT MP

DESCRIPTION: WARD: VARIATION TO CONDITION NOS. 2 AGENT NAME: Holt AND 3 OF PLANNING APPEAL REF HOW PLANNING NO. APP/H6955/A/12/2188910 TO MISS LOUISA FIELDEN EXTEND THE TIME LIMITS FOR SUBMISSION OF RESERVED MATTERS APPLICATION AND FOR COMMENCEMENT OF DEVELOPMENT BY A FURTHER 3 AND 5 YEARS RESPECTIVELY

APPLICANT(S) NAME: GARDENBREEZE LIMITED

______P/2016/0327 THE SITE

Application site

Site of proposed power station

Page 72 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

PROPOSAL

As above.

HISTORY

Application site only

P/2011/0891 Outline application for B8 storage and distribution warehouse development and associated ecological mitigation area including means of access off Bryn Lane and layout. Refused 22.6.2012. Allowed on appeal 6.8.13

All of the land subject to UDP policy E3

P/2008/0993 Outline application for B2 / B8 development and associated ecological mitigation area including means of access and siting. Refused 6.7.2009. Split appeal decision – part allowed part dismissed 6.5.2010. P/2013/0270 Outline application for B2 / B8 development and associated ecological mitigation area including means of access and siting – Section 73 Application to vary the time limit for submission of Reserved Matters and implementation of development (Conditions 2 and 3) of planning permission P/2008/0993 (Renewal). Pending - Committee resolution (1.7.2013) to grant subject to prior completion of planning obligation

DEVELOPMENT PLAN

Outside the settlement limit for Wrexham Industrial Estate. Policies E3, PS1, PS2, PS11, GDP1, EC2, EC6, T8 and CLF6 apply.

CONSULTATIONS

Isycoed Community Council: Consulted 12.4.16 Holt Community Council: Consulted 21.4.16 Local Member: Has made the following comments: - I have some concerns over an extension of time on this application. The Inspector concluded that the application was contrary to E3 and PS1 but at paragraph 22, 23, 44 and 46 went to on refer to the special needs of a recognised end user and saw this as a mitigating factor to grant consent. Clearly, the needs of NDL were a strong

Page 73 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

contributory factor in her granting consent; - Immediately following that appeal decision, a large for sale sign went up on the land and has remained there ever since; - It is clear that by advertising it for sale it is not required for NDL and therefore the policy objections must come back into play. Public Protection: Conditions requiring the submission of site investigations and remediation in respect of contamination. Highways: No recommendations on highways grounds. Welsh Water: Consulted 12.4.16 NRW: No objection in principle to an extension of time. Re-iterate previous comments. Parks, Countryside, RoW: Consulted 12.4.16 Ramblers Association: Consulted 12.4.16 National Grid: Consulted 12.4.16 Wales and West Utilities: Consulted 12.4.16 Site Notice: Expired 11.5.16 Neighbours: The owners/occupiers of 17 properties notified 22.4.16. 8 representations received objecting to the application for the following reasons: - No need for this to be sited in Wrexham; - No benefit to people in Wrexham; - The land is Green Belt and has never been developed as industrial land; - Impact/loss of mature oaks trees and wildlife; - The land was granted permission to allow a local business to expand. The land is now for sale; - It poses the question were the owners honest in their claims or was this a ploy to make financial gain at any cost; - Question if there was ever an intention to build on the land; - Impact upon property prices; - Future blight on the growth of the village of Isycoed and the surrounding area. Refusing the application will remove uncertainty for the village; - Please keep the countryside for the welfare of Wrexham, Wales and future generations; - We may be on the edge of the industrial estate but it is also a residential area.

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Development could affect our health and wellbeing and infringe upon our human rights; - There are still areas of brown land available for development on the industrial estate. This site should be retained as green land; - Additional noise, vibration and pollution; - Loss of valuable agricultural land; - Hardship to the livestock of whom ever farms the land; - Is there a proven need for the development; - Mass/volume of the building is overwhelming in its landscape; - The area is habitat for great crested newts; - The site is not part of the Wrexham Industrial Estate and is outside of the natural boundary that is obvious when in the locality; - Proximity to a historical bridle path. The plans show a road connection through the bridal path; - The local council did object to these plans with good and valid reasons; - Pressure on the local drainage systems and risk of localised flooding; - The owners have railroaded the Council and Welsh Government in the past on false representations to acquire planning approval; - Contamination of the site due to manufacture of explosives. Potential risk to both the life and health and safety of the community;

SPECIAL CONSIDERATIONS

Background: The site benefits from outline planning permission for the erection of a 37,300 sq.m storage and distribution warehouse (Class B8 use) together with the construction of the vehicular access to the site and the provision of associated ecological mitigation. Scale and appearance as well as the landscaping of the site are reserved for subsequent approval.

The 3 year period for the submission of the reserved matters expires on 6 August 2016 and the 5 year period for commencement of development expires on 6 August 2018. The outline planning permission therefore remains

Page 75 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 extant and, subject to the submission and approval of the outstanding reserved matters, implementable.

Planning permission to extend the time limits for extant planning permissions should generally only be refused if there has been a material change in planning circumstances since the original permission was granted.

Planning Policy:

National Policy

The only relevant change to national policy/guidance since the appeal decision has been the adoption of Technical Advice Note 23: Economic Development. However TAN23 was in draft form when the appeal was being considered and was taken into account by the Inspector.

Wales Spatial Plan

The Wales Spatial Plan has not been updated since the Inspector allowed the appeal. Wrexham remains a Key Settlement of National Importance, a Key Regeneration Area and a Key Business Sector Area in the Wales Spatial Plan. The Wrexham Industrial Estate is the County Borough’s key strategic employment area and is also an employment area of importance to the wider north east Wales sub-region. The ability to deliver high quality employment sites is key to maintaining the important role the Industrial Estate plays in the local and wider economy.

Local Policy

There have been no changes in local policy since the appeal decision. The site lies outside the settlement limit for Wrexham Industrial Estate, however it is to Policy E3. The policy allocates the application site as well as the land to the south of it for a major single user employment project that requires a site of over 30 hectares for an employment development that cannot be accommodated on allocated employment land or employment land with planning permission.

The land to the south of the application site has previously benefitted from outline planning permission for development (P/2008/0993) for the erection of a 22,153 sq.m warehouse building. An application (P/2013/0270) to extend the time limits for submission of reserved matters and commencement of development is currently subject to a committee resolution to grant subject to the prior completion of a planning obligation. That site is now subject to a Development Consent Order (DCO) application for the erection of a gas fired power station.

Granting planning permission to develop the application site conflicts with policy E3 given that it would potentially permit the land subject to the policy to developed in two separate parts. However the principle of this has already been accepted. Planning permission P/2008/0993 was extant at the time of

Page 76 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 the appeal decision and the Inspector was aware of the Council’s intention to grant planning application P/2013/0270. Furthermore she was also aware of the prospect of the land to the south of the application site being subject to proposals for a power station.

Despite the conflicts with policy E3, the Inspector allowed the appeal in respect of the application site primarily due to the economic benefits that would arise. The key economic issues that the Inspector took into account were:

i) The lack of alternative land available for an existing business located close to the site, Norbert Dentressangle Limited (NDL), to expand; ii) The number of jobs that would be created as a result of the development; iii) The fact that Wrexham is a Key Settlement of National Importance, a Key Regeneration Area and a Key Business Sector Area in the Wales Spatial Plan; and iv) The fact that four neighbourhoods in to the east of Wrexham town are within the 10% most deprived in Wales, three of these being in the top 5%. The Inspector therefore concluded that there was a need for new employment opportunities that the development could help to address.

I will comment on the above maters in more detail below.

Need: I am aware that the site is currently being actively marketed for sale and that there a degree of uncertainty over the prospective developer/occupier. The applicant’s agent has informed me that the reason for this is that since planning permission was granted Norbert Dentressangle Limited (NDL) has been taken over by XPO Logistics. Due to this takeover a final decision regarding expansion onto this site has yet to be made.

Notwithstanding the need for a local business to expand being an important consideration when the appeal was allowed, the extant planning permission is not subjection to any conditions that limit the use of the site to NDL. Indeed making the occupation of a site personal to a particular company is inappropriate because its shares can be transferred to other persons without affecting the legal personality of the company. Were the extant permission implemented, the site could be developed and/or sold to any business that requires a storage/distribution premises.

Whilst the approved plans make provision for an access road to link the application site to the NDL site there is nothing in the extant planning permission to prevent the application site from operating entirely independently. Indeed other than the access road the site is otherwise physically separate from the NDL site and will appear as a stand-alone development even if it were used in conjunction with it.

Page 77 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

The current uncertainty over the likely developer/occupier of the site would not be a valid reason to refuse the current application, particularly in light of matters I will discuss below.

The Joint Wrexham and Flintshire Employment Land Review (ELR) was published in 2015. It was commissioned primarily to inform the Local Development Plan however it is the most up to date assessment of the existing supply of and projected need for employment land in Wrexham. Two recommendations in the ELR are particularly relevant to this application:

Firstly the ELR recommends that further land for employment development be identified on the Wrexham Industrial Estate. This recommendation informed proposals contained within the LDP Preferred Strategy to make provision for an extension to the Wrexham Industrial Estate of around 30 hectares (exclusive of ecological mitigation) to be delivered over the LDP plan period. In making the recommendation the Employment Land Review took account of extant but unimplemented planning permissions for employment development, including the application site.

The second recommendation (contained within Table 67 of the ELR) is that the land subject to UDP Policy E3 be included within the settlement limit for the Industrial Estate thus making the site generally available for development.

The LDP preferred strategy can be afforded little weight in the determination of applications and any recommendations in the ELR that require changes to current UDP policies and designations can only be delivered via the LDP. Nevertheless it is clear from the ELR that there is a requirement for the Wrexham Industrial Estate to provide a significant amount additional land for employment development. It is also clear from the ELR that this requirement cannot be delivered without allowing land that is not currently allocated for employment and/or within the settlement limit to be developed. In that regard I consider the ELR to be a material consideration in favour of allowing the extension to the extant outline planning permission.

Jobs to be created: The Inspector’s decision notes that the development was expected to create between 80-100 additional jobs. Given the size of the development proposed I consider it likely that this figure is still be broadly accurate irrespective of whether the site provides land for a business already based on the Wrexham Industrial Estate to expand or for a new business establish a presence in the area. Furthermore a development of this size is also likely to benefit the wider economy, for example the construction sector.

In light of the above, the conclusions reached by the Inspector in respect of new employment opportunities remain valid in my opinion.

Neighbourhoods in the east of Wrexham: The applicant’s agent has submitted information from the 2014 Wales Index of Multiple Deprivation which demonstrates that four neighbourhood in the east of Wrexham town are in the top 10% most deprived in Wales, with two being in the top 5% most

Page 78 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 deprived. This confirms that there remains a significant need for additional employment opportunities in Wrexham.

Proposed Power Station: The site to the south is subject to a Development Consent Order (DCO) application for a gas fired power station. The Inspector was aware of the prospect of that project being taken forward and referred to it in her decision. The impact of the development of the adjacent site will be considered via the DCO application.

Impact of the development: The impact of the development in terms of landscape impact, loss of agricultural land, noise, pollution, traffic, drainage and ecology were all taken into account when the appeal was allowed. Granting of permission for the proposed extensions of time will not result in the development having any different or greater impact to those already considered by the Inspector.

The appeal decision was subject to 24 planning conditions, including conditions dealing with the following:

i) The implementation of an approved drainage scheme ii) The submission of and implementation of dust mitigation measures; iii) The submission and implementation of Noise and vibration mitigation measures; iv) Noise levels; v) The submission of a Travel Plan; vi) The submission of a site investigation and mitigation measures for contamination and the implementation of the latter; vii) Implementation of tree protection measures; viii) The submission and implementation of a landscaping scheme; ix) The submission and implementation of an ecological management plan and method statement; x) An updated bat and bird roost survey and details of mitigation measures;

With the exception of a condition requiring the development to be built to BREEAM ‘Very Good Standards’ no longer a national planning policy requirement, all of the conditions previously imposed remain necessary and will ensure that there are appropriate limits to/mitigation for the impacts arising from the development.

The extent permission is also subject to Unilateral Undertaking under section 106 of the Town and Country Planning Act setting out obligations in respect of mitigation, landscaping, the production of a travel plan and their subsequent management. These matters all remain relevant and necessary and therefore an updated Unilateral Undertaking relating specially to this application rather than the previous permission will be required. The applicant’s agent has confirmed that a revised Unilateral Undertaking will be submitted.

Page 79 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

CONCLUSION

There have been no material changes in circumstances that would warrant refusal of the extension of time that the applicants have requested. Indeed there remains an on-going requirement to deliver additional land to support employment development.

RECOMMNENDATION A

That an updated Unilateral Undertaking is submitted in respect of ecological mitigation, landscaping, the production of a travel plan and their subsequent management.

RECOMMENDATION B

Upon submission of the Unilateral Undertaking that permission be Granted subject to the following conditions:

CONDITION(S)

1. Details of the scale and appearance of the buildings and the landscaping of the site (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2. Application for approval of the reserved matters shall be made to the local planning authority not later than 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 permitted shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. The development shall only be carried out in strict accordance with the details shown on the approved drawings numbered 500_C, 503, 560_A, 1250, 1251, 1252_C, 1253_C, 5000 and Figure 12 contained within the Transport Statement Addendum dated February 2012. 5. The occupation of the site shall be restricted to a single occupier and neither the plot nor any building on that plot shall be subdivided for use by any other occupier. 6. The development shall be carried out in accordance with the drainage scheme reference C602/SBS/JTJ/U0365 by Shepherd Gilmour Infrastructure Ltd dated 13 October 2011. The approved scheme shall be implemented in accordance with a timescale to be agreed in writing by the local planning authority and maintained thereafter. 7. No development shall be commenced until a scheme of dust mitigation measures has been submitted to and approved in writing by the local planning authority. Such a scheme shall be as recommended in Section 4.6 of the report by Royal Haskoning titled 'Bryn Lane Wrexham: Air Quality, Noise and

Page 80 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

Vibration Assessment reference 9X0457' and shall be implemented as approved during the construction phase of the development. 8. No development shall be commenced until a scheme of noise and vibration mitigation measures has been submitted to and approved in writing by the local planning authority. Such a scheme shall be as recommended in Section 3.5.2 of the report by Royal Haskoning titled 'Bryn Lane Wrexham: Air Quality, Noise and Vibration Assessment reference 9X0457' and shall be implemented as approved during the construction phase of the development. 9. No development shall be commenced until a scheme has been submitted to and approved in writing by the local planning authority to ensure that the rating level of any noise generated by reason of this development shall not exceed the permissible boundary noise levels specified in Table 3.8 of the report by Royal Haskoning titled 'Bryn Lane Wrexham: Air Quality, Noise and Vibration Assessment reference 9X0457' at any time. Measurements and an assessment shall be made in accordance with BS 4142:1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. The development shall only be carried out in accordance with the approved scheme. 10. Prior to the first use of the development hereby approved the vehicular accesses serving both the proposed development site and the existing access (serving Norbert Dentressangle) to Bryn Lane shall provide visibility splays of 2.4 metres x 120 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility 11. Prior to the first use of the development hereby approved the vehicular access serving the proposed development along Bryn Lane shall provide adequate forward visibility by providing a stopping sight distance of 120 metres for vehicles approaching the proposed access from the north. 12. No part of the development shall be commenced until a scheme detailing the construction of the following has been submitted to and approved in writing by the local planning authority: (a) Detailed layout, design, drainage and construction of the proposed new footway/carriageway along Bryn Lane; and (b) Detailed layout, design, drainage and construction of the proposed new right hand turning lane serving the proposed development The scheme as approved shall be fully implemented prior to the first use of the development. 13. A Final Travel Plan shall be submitted to and approved in writing by the local planning authority following the first anniversary of the first use of the development, in accordance with a timetable to be agreed in writing with the local planning authority. 14. No part of the development shall be commenced 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 any contamination and any measures required to remediate the site, including post-development monitoring.

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15. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 14 have been satisfactorily carried out, has been submitted to and approved in writing by the local planning authority. 16. The development shall be carried out in strict accordance with the following arboricultural plans and reports submitted and approved as part of this application: (a) Arboricultural Implications Assessment Report Ref: TEP.3080.003 version 3 dated March 2012; and (b) Tree Implications and Protection Plan Ref no. D3080.002 A No development or other operations shall take place except in strict accordance with the reports as approved. 17. The hard landscaping scheme approved as part of the reserved matters application shall be fully implemented in strict accordance with the approved drawings within three months of the first use of the development with the exception of soft landscaping which shall be carried out in the first available planting season (November to March) or seeding season (April to September) following the first use. 18. The landscaping scheme pursuant to condition 17 shall be permanently retained for the lifetime of the development. Any planting becoming severely damaged or seriously diseased, or which is in poor physiological condition and/or is removed without the written permission of the local planning authority shall be replaced within a timescale to be submitted to and approved in writing by the local planning authority. 19. No part of the development shall commence until a Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas has been submitted to and approved in writing by the local planning authority. The landscaping shall be managed and maintained in strict accordance with the approved details. 20. As part of the reserved matters application a long term Ecological Management Plan and Ecological Method Statement shall be submitted to and approved in writing by the local planning authority. This information shall demonstrate how existing features of ecological/wildlife interest will be protected, identify any areas of compensation and demonstrate management in the long term. The recommendations as approved shall be fully implemented in accordance with timescales to be agreed in writing before any part of the development commences on site. 21. The access road and footways shall be progressively constructed to base coat standards from Bryn Lane. Details of wildlife friendly kerb stones and gully pots to safeguard amphibians from harm through incidental capture as part of these works shall be submitted to and approved in writing by the local planning authority prior to their installation. Such works shall be completed prior to the first occupation of the building hereby approved. 22. No part of the development shall commence until an updated Bat Roost and Bird Breeding Assessment, carried out by a qualified ecologist, has been submitted to and approved in writing by the local planning authority. The report shall include an Ecological Method Statement demonstrating/identifying any measures of protection/compensation/mitigation. The recommendations

Page 82 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 as approved shall be implemented in strict accordance with timescales to be agreed in writing before any part of the development commences on site. 23. 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 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 those to be retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and the location of protective fencing and ground protection measures accurately plotted; (c) A full specification, including any related sections, for any access, driveway, path, underground services or wall foundations within Root Protection Areas or Construction Exclusion Zone of trees to be retained, and methods for avoiding or minimising 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; and (f) Details of all proposed tree works, including felling and pruning.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure that the development fully complies with the appropriate policies and standards. 5. To ensure that the development fully complies with the appropriate policies and standards. 6. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 7. To protect the amenities of the occupiers of nearby properties. 8. To protect the amenities of the occupiers of nearby properties. 9. To protect the amenities of the occupiers of nearby properties. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. To ensure that adequate visibility is provided at the proposed point of access to the highway. 12. To ensure the formation of a safe and satisfactory access. 13. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle. 14. In the interests of the amenities of the future occupants of the buildings 15. In the interests of the amenities of the future occupants of the buildings

Page 83 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

16. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 20. In order to protect wildlife interests, which are afforded special protection. 21. In the interests of highway safety and in order to protect wildlife interests, which are afforded special protection. 22. In order to protect wildlife interests, which are afforded special protection. 23. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). ______

Page 84 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0341 29 PERIS PLAS MADOC 11/04/2016 WREXHAM LL14 3LE COMMUNITY: CASE OFFICER: DESCRIPTION: MP SINGLE STOREY BEDROOM AND SHOWER ROOM EXTENSION WARD: AGENT NAME: Plas Madoc APPLICANT(S) NAME: WREXHAM COUNTY MRS TRACY NIGHTS BOROUGH COUNCIL MR PETE WILLIAMS

______P/2016/0341 THE SITE

Application site and approximate footprint of extension

PROPOSAL

As above.

HISTORY

None.

Page 85 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

DEVELOPMENT PLAN

Within settlement limit. Policy GDP1 applies.

CONSULTATIONS

Community Council: No observations or objections. Local Member: Notified 13.4.16. Site Notice: Expired11.5.16 Neighbours: The owners/occupiers of 7 nearby properties notified 21.4.16. 1 representation received in support.

2 representations received expressing the following concerns/objections: - Noise from the site in summer months is ridiculous; - The applicant should move instead of wasting the Council’s money; - Noise from construction and impact upon neighbouring shift worker; - Loss of light. - No indication as to why extension is needed

SPECIAL CONSIDERATIONS

Need: There is no requirement for an applicant to demonstrate a need for an extension to a dwelling. The only relevant material considerations in this particular case are whether the extension is acceptable in terms of design and the impact it will have upon the occupiers of neighbouring properties.

Design: The extension will project into an area of garden to the south of the dwelling. Due to the garden boundary being enclosed by a low fence the extension will visible to those passing along adjacent footpaths. However it will be clearly subsidiary to and in keeping with the existing dwelling so will not detract from its appearance or the wider street scene.

Amenity: The size and the position of the extension relative to neighbouring properties is such that it will not have a significant impact upon the standard of amenity afforded to their occupiers by way of loss of light, privacy or by being visually overbearing

It is inevitable and unavoidable that there will be some daytime noise and disruption from construction works. However given the modest size of the extension such disruption is likely to be limited in extent and duration.

CONCLUSION

The development accords with policy GDP1.

Page 86 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building. 3. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

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

NOTE(S) TO APPLICANT

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). 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

Page 87 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 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

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 88 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0373 LAND SOUTH OF THE MINERS 14/04/2016 WELFARE INSTITUTE LLAY NEW ROAD LLAY WREXHAM COMMUNITY: LL12 0TH CASE OFFICER: Llay MP DESCRIPTION: OUTLINE APPLICATION FOR WARD: RESIDENTIAL DEVELOPMENT AND AGENT NAME: Llay FORMATION OF NEW ACCESS BOB DEWEY PLANNING MR B DEWEY APPLICANT(S) NAME: LLAY MINERS WELFARE INSTITUTE AND RECREATION GROUND ______P/2016/0373 THE SITE

Access

Application site

PROPOSAL

Outline planning permission is sought for residential development. Approval is also sought for the site access. Appearance, landscaping, layout and scale are reserved for subsequent approval. Whilst the description of development

Page 89 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 does not include reference to a specific number of dwellings, the application is accompanied by an indicative layout plan for 18 dwellings.

HISTORY

P/2015/0669 Outline application for the erection of 24 dwellings and formation of new vehicular and pedestrian access. Refused 2.11.2015

DEVELOPMENT PLAN

Outside of settlement limit. Policies PS1, PS2, GDP1, GDP2, EC4, EC6, EC9, H5, CLF4, CLF5 and T8 apply.

CONSULTATIONS

Community Council: Have the following comments: - The current map of the proposed development shows roads that are un-adopted. It is our understanding that this could allow the developers to leave these roads undeveloped and this would then cause ongoing issues for any new residents should the plans come to fruition, especially regarding drainage and/or sewerage/street lighting. Before any final decisions are made, Llay CC would request a commitment from the developers to ensure these roads are made good, to a standard accepted by WCBC (under the Highway Act Section 38, 1980) as part of the stipulated plans; - It is of particular importance to Councillors that the mature hedges in this area remain whenever possible, in accordance with Policy EC4; - The listing of 18 houses be the maximum that are permitted, in accordance with the revised outline permission being sought; - It is noted that the tree report is identical to the one submitted in the previous application. 6.1 states due to the nature of this development it will be necessary to remove all of the trees within the site. 6.2. The loss of trees is always regrettable although in this instance these losses can be mitigated with a new tree planting scheme within the development. Therefore there is concern that healthy mature trees could be removed and replaced by new ones. Could this be clarified;

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- Finally, it is the strong wish of the community that any monies are paid directly for the benefit of the Llay Miners Institute as stated in the design & access statement; - In principle, there are no objections to this application, but the Community Council would be grateful if you could respond, where possible, to the issues listed above. Local Members: Notified 20 April 2016 Public Protection: Recommends measures to limit the impact of construction. Highways: Have made the following comments: - There is adequate space available to create an access that complies with current highway standards. The footway/cycleway must be maintained at the frontage of the development with the construction of dropped crossings/tactile paving on the kerb radius; - The proposed access is opposite an off road parking layby. I understand that concerns have been raised about the legality of parking in this layby when it is within 10 metres of a junction. The Highway Code states you should not park opposite or within 10m of a layby except in an authorised parking space. As the layby is an authorised parking space there is no legitimate reason for the police to issue a fixed penalty notice; - Adequate off road parking must be provided; - The traffic generation from a development of this size will be approximately 1 vehicle every 3 minutes in the peak period and is unlikely to have any detrimental impact on highway safety. - Conditions recommended. Education: Contributions towards primary and secondary education required. Welsh Water: Recommend drainage conditions. North Wales Police: Recommend the site be developed in accordance with secure by design principles. NRW: Confirm the comments made in respect of P/2015/0669 remain valid: Biosecurity - We advise that any permission includes a condition requiring the submission and implementation of a Biosecurity Risk Assessment; Protected Species - We consider the ecological assessment for land to be satisfactory in this case for the

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purposes of informing the public decision making process; - We note the conclusions of the assessment, and consider the survey and assessment in respect of the various species to be satisfactory. Further advice and guidance in respect of birds and reptiles should be obtained from your own ecological advisors; Flood Risk - The application site lies entirely within Zone A, as defined by the Development Advice Map (DAM) referred to under TAN15: Development and Flood Risk (July 2004). As such, flood risk is not considered to be a significant constraint on the proposed development; - Due to its size and the potential increase in impermeable area, such development has the potential to increase surface water runoff rates, with a resulting increase in flood-risk elsewhere; - The Applicant has indicated in their planning application form their intention to dispose of surface water through soakaway techniques, although no information has been submitted as part of the application submission to demonstrate that such techniques are viable on this site (i.e. on-site percolation tests); - As they fulfil the role of Lead Local Flood Authority, we recommend that you consult your Drainage Department for their views on the planning application; - Any proposed surface water drainage scheme should ensure that run-off from the proposed development is reduced or will not exceed existing runoff rates (up to and including the 1% probability rainfall event, plus and allowance for climate change). Details of adoption and management should also be submitted to ensure that the scheme/systems remain effective for the lifetime of the development. Site Notice: Expired 18.5.16 Press Notice: Expired 27.5.16 Neighbours: The owners/occupiers of 19 nearby dwellings notified 27.4.16. 2 representations received expressing the following concerns: - Difficulties using the layby opposite the site due to traffic flow and restricted visibility will be exacerbated;

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- The site access will be within 10 metres of the layby opposite. Cars parked in the layby may be classed as a road traffic offence; - Will existing fence and hedge remain, if not will the ground near existing properties be affected by their removal; - Surface water holds in the middle of the site – what measures have been put in place to deal with this; - The road surface between the entrance to Drill Hall Court and the roundabout at the Miner’s Welfare needs to be addressed.

SPECIAL CONSIDERATIONS

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.

Housing Land Supply: 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.

Because the UDP plan period expired in 2011 in accordance with Technical Advice Note 1: Joint Housing Land Availability Studies Wrexham is now unable to demonstrate whether it has a 5 year housing land supply. However the most recent Joint Housing Land Availability Study (JHLAS) (2014) found that Wrexham has a housing land supply of 3.1 years.

In addition to the above the Wrexham Local Development Plan Preferred Strategy, which has recently been subject to consultation, identifies a requirement for 11,715 new homes to meet the housing needs of the County Borough over the 2013-2028 period. Taking into account existing supply this equates to a requirement for sufficient land to be brought forward for 6,738 houses to be built. It is likely that a significant proportion of this requirement will be met through the release of sites lying outside of existing settlement limits.

Whilst the County Borough’s housing requirements will primarily be met through the development of sites that are eventually allocated in the LDP, the Council will need to be able to demonstrate that it has a 5 year housing land supply when the LDP is adopted. It is therefore essential that deliverable sites continue to be brought forward for development between now and LDP adoption.

The above matters are material considerations that weigh heavily in favour of the development.

Impact of development outside of the settlement limit: The site is bounded by residential development to the south, by Llay New Road to the

Page 93 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 east and by the grounds of the Llay Miners Welfare Institute to the north and west. Despite being outside of the settlement limit, the development does not represent a significant or harmful projection into the countryside and, in my opinion, is a logical extension to the existing built up area. In light of this and the need to significantly increase the supply of land available for housing in the County Borough, in my opinion the fact that the development is a departure from policies PS1 and H5 would not be a valid reason for refusal in this particular case.

Loss of open space: The Council’s 2009 Public Open Space Survey classifies the site as a children’s equipped playground. Development of the site would result in there being a deficit of children’s equipped play areas within Llay so the proposals are technically in conflict with policy CLF4.

Notwithstanding the above, the site is privately owned, there is no play equipment on it at present and there does not appear to be any regular public access to it. Indeed its use for recreation is entirely at the discretion of the landowner. In light of this, in my opinion it would not be possible to sustain a refusal on the grounds of loss of public open space.

Design: The previous application was refused because the indicative layout plan did not demonstrate that the site could accommodate 24 in a way that provided for an appropriate standard of design or without resulting in the loss of trees that make a positive contribution to the appearance of the locality, harm the setting of listed buildings and has adequate provision for off-street parking.

The current application is accompanied by a revised indicative plan that shows how 18 dwellings could be accommodated. The layout provides for a strong built frontage to Llay New Road that broadly takes account of the character of the wider locality.

As noted by the Community Council the applicants have submitted the tree report that accompanied the previous application rather than commissioning a revised one. The report suggests that all of the trees on the site will be removed however this is not in fact that case. Whilst the development will result in most of the existing trees being removed, the indicative plan demonstrates that three important mature trees that make a significant contribution to the amenity of the site and immediate locality can be retained. The trees will require protection whilst construction works take place therefore submission and implementation of an arboricultural method statement will be required by condition.

The loss of other trees within the site is regrettable however they do not contribute to the visual amenity of the area to the same extent as the three indicated as being retained. The indicative plan provides for a landscaped open space buffer around the northern and eastern edges of the site that will also provide an opportunity for some compensatory planting. This is a matter that can be considered in more detail when landscape details are submitted at reserved matters stage.

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The development will be located to the south of the main grade II listed Llay Miners Welfare Institute building. The north-west corner of the site also adjoins the grade II listed Pavilion, a building located within the grounds of the Institute. The indicative plan takes account of the relationship between the site and those buildings by providing the landscaped open space buffer referred to above. The landscaped buffer will not only benefit the appearance of the development generally, but will preserve the setting of the listed buildings.

Other than indicating that the boundary hedge along the site frontage is to be retained the indicative plans provides no other details of boundary treatment. However these are details that I would expect to be shown on the landscape plan submitted at reserved matters stage. The suitability of the boundary treatment and/or the impact it will have on neighbouring properties will be considered at that stage.

On the basis of the above I am satisfied the indicative plan demonstrates that the site can accommodate up to 18 dwellings and be developed in accordance with policies GDP1 and EC9. I am also satisfied that it will be possible to develop the site in accordance with the secure by design principles recommended by North Wales Police.

Public Open Space: Where it is to be provided on-site a development of 18 dwellings requires 1440 square metres of public open space in order to accord with policy CLF5. The indicative plan provides for around a quarter of the site or approximately 2000 square metres to be laid out as open space that will provide the landscaped buffer referred to above. This exceeds the requirement of policy CLF5.

The open space will not only enhance the appearance of the development but will benefit from natural surveillance from dwellings within the site as well as being well located to be used for informal recreation. The long term management and maintenance of the open space will need to be secured via a planning obligation.

Amenity: I am satisfied that the site can be developed in accordance with Local Planning Guidance Note 21 and as such the proposals will not prejudice the amenity of the occupiers of nearby properties by way of loss of light, privacy or by being visually overbearing. It will also be possible to develop the site so as to provide future occupiers of it with an adequate standard of amenity.

Access and Parking: The proposed site access will have adequate visibility in both direction and it will be possible to construct the site access to meet with current highway design standards. As such the development will be provided with a safe means of access and will not prejudice highway safety. A condition to require full design details of the access as well as to require it to be construction prior to first occupation of any dwelling will be required by condition. There is no requirement for the applicants to make a commitment

Page 95 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 with regards to Section 38 of the Highways Act 1980 via a planning application or before planning permission is granted. It will be for a developer to liaise separately with Highways regarding this matter.

The indicative plan demonstrates that off-street parking in accordance with the requirements of LPG16 can be provided within the site.

The condition of the surface Llay New Road is matter outside of the scope of this planning application and is a matter for the Council as Highways Authority rather than Local Planning Authority to address. In any case the development, both during construction and when occupied, is unlikely to increase the volume of traffic using the road to the extent that it will cause significant damage to the existing road surface.

An objector has expressed concern that parking in the layby opposite the site may constitute a road traffic offence because the layby is within 10 metres of the proposed access. The layby is an authorised parking space and there would be no reason for the police to issue fixed penalty notices.

Ecology: The site has been subject to an ecological assessment and I am satisfied that this demonstrates the development could take place without adversely impacting upon statutorily protected species.

Drainage:

Foul Drainage

Welsh Water did not object to the previous application therefore I have no reason to conclude there is insufficient capacity in the local foul sewer network to cater for the development.

Surface Water

The applicant is proposing that surface water will be dealt with via soakaway drains however the site has not been assessed in order to determine whether the ground conditions are suitable for this type of drainage. This is a matter that ideally should be resolved prior to planning permission being granted however I do not consider the absence of any surface water drainage assessments to be a valid reason for refusal in this instance.

Circular 16/2014: The Use of Planning Conditions for Development Management advises that where no drainage assessment has taken place it will be necessary to attach a condition to prevent commencement of development until an assessment has taken place and drainage works subsequently approved.

Whilst I have no evidence before me to demonstrate that the site is suitable for soakaways I also have no reason to believe that it will not be possible to provide a drainage system that minimises the risk of on or off-site flooding due to surface water runoff. If part of or all of the site proves to be unsuitable for

Page 96 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 soakaway type drains then the development will need to incorporate measures to ensure that surface water run-off rates from the site do not exceed existing levels.

Other Matters: I note the Community Council’s wish that proceeds from the sale of the site are paid directly to the Llay Miners Institute. Details submitted by the applicant’s agent suggest that this is indeed the intention and given that they are the owners of the land, I would expect the Llay Miners Institute to be the beneficiary from the sale of the land. Ensuring they retain the proceeds of the sale is however a private matter that is outside of the scope of planning control.

CONCLUSION

Whilst the development lies outside of a settlement limit and therefore does not accord with policies PS1 and H5 of the UDP, in light of the significant need to increase the supply of land available in housing in the County Borough as well as the fact that the site is a logical extension to the existing built up area there are valid reasons to depart from those policies in this instance.

The indicative plan demonstrates that an acceptable form of development is achievable in a manner that allows for the retention of important trees, does not harm the setting of listed buildings, has adequate provision for vehicular access and off-street parking and without prejudicing the standard of amenity afforded to the occupiers of nearby dwellings. Accordingly the proposals accord with policies GDP1, EC4, EC9 and T8 of the Wrexham Unitary Development Plan.

RECOMMENDATION A

That the Council enters into an Obligation under Section 106 of the Town and Country Planning Act 1990 to secure:

(i) payment of a contribution of towards primary and secondary education provision in accordance with the formula set out in LPG27. (ii) the establishment of a management company to secure the long term management and maintenance of on-site public open space.

That the Head Environment and Planning be given delegated authority to approve the final form and content of the Obligation.

RECOMMENDATION B

Upon completion of the Planning Obligation that permission be Granted subject to the following conditions:

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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 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. 5. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and

Page 98 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6th JUNE 2016 the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 6. No part of the development shall commence until full details of the proposed adopted footways and carriageway as shown on drawing no. 15/023/LMW/02 Revision D has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the scheme as approved has been implemented in full. 7. Development shall not commence until a Construction Environment and Management Plan has been submitted to and approved in writing by the Local Planning Authority. Construction shall thereafter be carried out in strict accordance with the details as approved. 8. No tree removal or vegetation clearance shall take place within the bird nesting season (March-September) or within 48 hours of a nesting survey of the trees and vegetation to be removed that has been submitted to the Local Planning Authority and demonstrates that there are no birds nesting in them. 9. 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 in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 10. The submissions made in respect of condition 01 shall include details of the location and layout of off-street vehicular parking and turning areas for each dwelling. No dwelling shall be occupied until vehicular parking and turning areas for that dwelling have been be laid out, surfaced and drained in strict accordance with the details as are subsequently approved. The parking and turning areas shall thereafter permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 11. This permission allows for a maximum of 18 dwellings to be built on the site.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 5. To ensure satisfactory drainage of the site and to avoid flooding.

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6. In the interests of highway safety. 7. To protect the amenities of the occupiers of nearby properties. 8. In order to protect wildlife interests, which are afforded special protection. 9. To ensure that adequate visibility is provided at the proposed point of access to the highway. 10. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

Drawing no. 15/023/LMW/02 Revision D has only been approved in so far as the position of the site access. The granting of this permission does not give approval for or imply than reserved matters approval or full planning permission will be forthcoming for the layout and of the development and/or the number of dwellings shown on that drawing.

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). 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

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on

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0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority.

RECOMMENDATION C

That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 is not completed within six months of the date of the Committee resolution the Head of Environment and Planning be given delegated authority to refuse the application for the following reasons:-

1. Inadequate provision has been made towards the provision of additional community infrastructure. Without this additional provision, existing community infrastructure does not have sufficient capacity to cater for the development. As such the development does not accord with policy GDP2 of the Wrexham Unitary Development Plan.

2. The development makes inadequate provision for the long term maintenance of on-site open space and as such does not accord with policies GDP1 and CLF5 of the Wrexham Unitary Development Plan.

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LIST OF DELEGATED DECISIONS ISSUED

ROS P/2008/0705 ROSEACRE CARAVAN PARK, DAISY CHANGE OF USE OF AGRICULTURAL REFUSED LANE, , WREXHAM, LL12 LAND TO CARAVAN SITE FOR 6 28/07/2008 0BP PITCHES (UP TO 2 CARAVANS PER PITCH) INCLUDING ASSOCIATED HARDSTANDING, FENCING, SEPTIC TANK, UTILITY BUILDINGS FOR OCCUPATION BY GYPSY TRAVELLER FAMILIES (PARTLY IN RETROSPECT).

WRO P/2014/0725 BELMONT HOTEL, BELMONT ROAD, , CONVERSION AND EXTENSION OF GRANTED WREXHAM, LL13 7PW HOTEL TO FORM 6 NO. FLATS WITH 09/05/2016 ASSOCIATED PARKING, VEHICULAR AND PEDESTRIAN ACCESS.

MIN P/2015/0644 FIVE CROSSES INN, RUTHIN ROAD, ERECTION OF CLASS A1 (RETAIL) GRANTED , WREXHAM, LL11 3UT CONVENIENCE STORE WITH 29/04/2016 ASSOCIATED CAR PARKING, ACCESS ARRANGEMENTS, LANDSCAPING AND ATM MACHINE

ABE P/2015/0968 LAND SOUTH OF, ASH ROAD SOUTH, ERECTION OF NEW BAKERY AND PENDING WREXHAM INDUSTRIAL ESTATE, OFFICES AND CONSTRUCTION OF NEW WREXHAM, LL13 9UG ACCESS ROAD, SERVICE YARDS, CAR PARKING AND HGV LOADING / UNLOADING AREA

LGC P/2016/0092 SANTANA, NANTYR ROAD, GLYN ERECTION OF DETACHED GARDEN GRANTED CEIRIOG, WREXHAM, LL20 7NP ROOM 30/03/2016

WRA P/2016/0118 37 FFORDD GARMONYDD, , TWO-STOREY SIDE / REAR EXTENSION GRANTED WREXHAM, LL12 8JE AND NEW PITCHED ROOF OVER 12/05/2016 EXISTING FLAT ROOF

OVE P/2016/0212 ST MARYS CHURCH, HIGH STREET, EXTENSION TO NORTH AISLE TO GRANTED OVERTON, WREXHAM, LL13 0EE PROVIDE ACCESS AND WC FACILITIES 22/04/2016 FOR THE DISABLED

LLR P/2016/0216 FORMER METHODIST CHAPEL, LISTED BUILDING CONSENT FOR GRANTED STATION ROAD, TREVOR, CONVERSION TO FORM B&B AND TEA 12/05/2016 WREXHAM, LL20 7TP ROOMS

LLR P/2016/0217 FORMER METHODIST CHAPEL, CONVERSION TO FORM B&B AND TEA GRANTED STATION ROAD, TREVOR, ROOMS 12/05/2016 WREXHAM, LL20 7TP

CHI P/2016/0227 19 WHITEHURST GARDENS, , TWO-STOREY EXTENSION GRANTED WREXHAM, LL14 5AT 19/05/2016

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BRO P/2016/0228 LAND AT WHITEHEAD DRIVE, OFF ERECTION OF 9 NO. DWELLINGS PENDING GATEWEN ROAD, NEW (SUBSTITUTION OF 7 NO. HOUSE BROUGHTON, WREXHAM, LL11 6BZ TYPES AND ADDITION OF 2 NO. HOUSE TYPES)

GLY P/2016/0237 PEN ISAR GLYN FARM, CROGEN OUTLINE APPLICATION TO ERECT 1 NO. REFUSED IDDON ROAD, BRONYGARTH, TWO STOREY DWELLING AND ALL 27/04/2016 WREXHAM, SY10 7NE ASSOCIATED WORKS

GWE P/2016/0240 LAND ADJOINING AND TO THE REAR ERECTION OF 1 NO DETACHED REFUSED OF, ALYN VIEW, MOLD ROAD, CEFN DORMER BUNGALOW WITH 27/04/2016 Y BEDD, WREXHAM, LL12 9UR ASSOCIATED PARKING

WRO P/2016/0243 VICTORIA INFANTS AND JUNIOR 1 NO. ASH TREE (T5) - REDUCE HEIGHT GRANTED SCHOOLS, POYSER STREET, , TO APPROXIMATELY 5 METERS (TREE 10/05/2016 WREXHAM, LL13 7RP PROTECTED BY TPO WCBC 41)

ISY P/2016/0245 WOCKHARDT UK HOLDINGS LTD, APPLICATION FOR REMOVAL OF GRANTED ASH ROAD NORTH, WREXHAM CONDITION NOS 4 AND 5 IMPOSED 13/05/2016 INDUSTRIAL ESTATE, WREXHAM, UNDER PLANNING PERMISSION CODE LL13 9UF NO P/2015/0855 RELATING TO POTENTIAL CONTAMINATION AND REMEDIAL WORKS

WRR P/2016/0247 LIBRARY ARTS CENTRE CAR PARK, REMOVE EPICORMIC GROWTH TO A GRANTED OFF CHESTER STREET, WREXHAM, HEIGHT OF UP TO 5 METRES TO 21 27/04/2016 LL13 8BG COMMON LIMES WITHIN G4 AND G5 (ANNUALLY FOR A PERIOD OF 5 YEARS) (TPO DENBIGHSHIRE NO 12)

GLY P/2016/0248 PLAS CROGEN, SELATTYN, CONVERSION OF ADJOINING GRANTED WREXHAM, SY10 7NT REDUNDANT BARN TO PROVIDE 19/04/2016 EXTENSION TO MAIN FARMHOUSE

RUA P/2016/0250 JAMES PARK COTTAGE, 19 LISTED BUILDING CONSENT FOR LOFT GRANTED WYNNSTAY COURT, WYNNSTAY CONVERSION AND INSTALLATION OF 2 27/04/2016 HALL ESTATE, , WREXHAM, NO. CONSERVATION TYPE ROOF LL14 6LA LIGHTS

RUA P/2016/0251 JAMES PARK COTTAGE, 19 LOFT CONVERSION AND INSTALLATION GRANTED WYNNSTAY COURT, WYNNSTAY OF 2 NO. CONSERVATION TYPE ROOF 27/04/2016 HALL ESTATE, RUABON, WREXHAM, LIGHTS LL14 6LA

WRC P/2016/0252 RAM LEISURE AND WORKWARE, SITING OF 3 NO STEEL CONTAINERS GRANTED UNIT 31 TRINITY HOUSE, (IN RETROSPECT) 05/05/2016 WHITEGATE INDUSTRIAL ESTATE, WREXHAM, LL13 8UG

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WRR P/2016/0255 COLEG CAMBRIA YALE, GROVE 1 NO. BEECH (T38) AND 1 NO GRANTED PARK ROAD, WREXHAM, LL12 7AB SYCAMORE (T46) 10/05/2016 REDUCE BRANCHES IN DIRECT CONTACT WITH ROOFLINE BY 2 METRES (TREES PROTECTED BY TPO WMBC NO 110)

WRO P/2016/0259 MONEYPENNY, WESTERN GATEWAY DISPLAY OF SIGNS 2 NO. INTERNALLY GRANTED BUSINESS PARK, WREXHAM, LL13 ILLUMINATED AND 2 NO. NON 05/05/2016 7ZB ILLUMINATED

WRO P/2016/0260 LAND AT, PEN Y BRYN AND APPLICATION FOR A NON MATERIAL GRANTED TENTERS SQUARE, TENTERS LANE, AMENDMENT TO PLANNING 19/05/2016 WREXHAM, LL13 7LF PERMISSION P/2013/0443 TO AMEND STYLE OF ROOF DESIGN TO HIP OVER DRIVE THROUGH SECTION OF BUILDING, REMOVAL OF CHIMNEYS, AMENDMENT TO HALL WINDOWS OF FLATS 5 AND 6, MINOR ALTERATIONS TO BUILDING HEIGHTS TO SUIT SITE LEVELS, ADDITION OF PEDESTRIAN ACCESS DOOR, WIDENING OF ONE WINDOW, REPLACEMENT OF FIRST FLOOR WINDOW WITH SMOKE VENT, AMEND VEHICULAR ENTRANCE DETAIL AND AMENDMENT TO CAR PARK LAYOUT

BRN P/2016/0262 3, TERRACE, FENNS BANK, TWO STOREY SIDE EXTENSION GRANTED WREXHAM, SY13 3PB 27/04/2016

WRA P/2016/0268 2 RICHMOND ROAD, ACTON, ERECTION OF FENCE (TO REPLACE REFUSED WREXHAM, LL12 8AB EXISTING HEDGE) (IN RETROSPECT) 27/04/2016 GWE P/2016/0270 LAND SOUTH OF, CHESTNUT APPLICATION FOR APPROVAL OF GRANTED COURT, SUMMERHILL ROAD, DETAILS RESERVED BY CONDITIONS 05/05/2016 SUMMERHILL, WREXHAM, LL11 4SP, IMPOSED UNDER PLANNING PERMISSION CODE NO P/2015/0607:- CONDITION 04: DRAINAGE CONDITION 05: CONSTRUCTION TRAFFIC MANAGEMENT PLAN CONDITION 06: DUST MANAGEMENT PLAN CONDITION 07: JAPANESE KNOTWEED REMEDIATION CONDITION 08: ROAD AND FOOTPATH CONSTRUCTION DETAILS

WRR P/2016/0272 47 ACTON GATE, WREXHAM, LL11 TWO STOREY EXTENSION GRANTED 2PW 27/04/2016

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WRR P/2016/0276 HALKYN HOUSE, 17 LONDON PLANE (T1) - CROWN REDUCE GRANTED ROAD, WREXHAM, LL11 1NE TO PAST REDUCTION POINTS AND 16/05/2016 ROOT PRUNE UNDERTAKEN IN ACCORDANCE WITH METHOD STATEMENT (THC/2016/01/04 AS 4TH JANUARY 2016) (TREE PROTECTED BY TPO WMBC NO 158)

WRA P/2016/0280 11 WELLSWOOD ROAD, WREXHAM, NEW PITCHED ROOF, PORCH GRANTED LL13 9UQ EXTENSION, INSTALLATION OF BAY 27/04/2016 WINDOW AND INTERNAL ALTERATIONS

WRO P/2016/0281 38 BELVEDERE DRIVE, WREXHAM, PARKING AND OPERATION OF 1 NO. GRANTED LL11 2BG LICENSED MINI BUS 27/04/2016 WRR P/2016/0283 16 TO 18, GROSVENOR ROAD, APPLICATION FOR APPROVED OF GRANTED WREXHAM, LL11 1BU DETAILS RESERVED BY CONDITIONS 13/05/2016 IMPOSED UNDER PLANNING PERMISSION P/2015/0900 CONDITION 3 - DUST MANAGEMENT CONDITION 4 - DRAINAGE CONDITION 5 - STRUCTURAL METHOD STATEMENT CONDITIONS 9 AND 10 - MATERIALS AND DECORATIVE TREATMENTS CONDITION 19 - TREE PROTECTION

RUA P/2016/0284 8 GORSE CLOSE, RUABON, TWO-STOREY SIDE EXTENSION AND GRANTED WREXHAM, LL14 6BZ SINGLE-STOREY REAR EXTENSION 05/05/2016

WRA P/2016/0285 87 JEFFREYS ROAD, , TWO-STOREY SIDE EXTENSION AND GRANTED WREXHAM, LL12 7PE ALTERATIONS TO EXISTING ENTRANCE 27/04/2016 PORCH / GARAGE

WRR P/2016/0286 54 SNOWDON DRIVE, WREXHAM, WORKS TO TREES PROTECTED BY TPO GRANTED LL11 2YA WMBC NO 25 - 20/05/2016 BEECH (T15) - REMOVE LOWEST HORIZONTAL BRANCH OVER ROAD BACK TO MAIN TRUNK OAK (T16) - CROWN REDUCE LOWER THIRD OF CROWN BY 3 METRES OVER GARDEN AREA ONLY AND REMOVE DEAD WOOD BEECH (T17) - REMOVE IVY, CROWN RAISE BY 7 METRES TO PROVIDE CLEARANCE ABOVE HIGHWAY BEECH (T18) - CROWN REDUCE LOWER THIRD OF CROWN BY 3 METRES OVER GARDEN AREA BEECH (T19) - CROWN RAISE BY 6 METRES OVER ADJACENT GARDEN AREA

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ROS P/2016/0287 SHARED ACCESS TO THE GABLES, REMOVE 1 NO. ASH TREE AND 1 NO. GRANTED STATION ROAD, ROSSETT, CHERRY TREE 03/05/2016 WREXHAM, LL12 0HE (PROTECTED BY ROSSETT CONSERVATION AREA)

WRR P/2016/0290 YSGOL CP, VARIATION TO CONDITIONS NOS 2 AND GRANTED ROAD, WREXHAM, LL11 2BU 3 OF PLANNING PERMISSION 27/04/2016 P/2015/0550 TO ALLOW REDUCTION IN EXTENSION AREA AND SIMPLIFIED ROOF CONFIGURATION

ROS P/2016/0292 LLYNDIR HOUSE, CHESTER ROAD, REPLACE FRONT UPSTAIRS WINDOW GRANTED ROSSETT, WREXHAM, LL12 0DL WITH FRENCH DOOR AND JULIET 05/05/2016 BALCONY

LLA P/2016/0295 46 ST DAVIDS CRESCENT, LLAY, DEMOLITION OF EXISTING PORCH AND GRANTED WREXHAM, LL12 0PP ERECTION OF NEW PORCH / WC 27/04/2016 FACILITIES

RUA P/2016/0296 SUMMERFIELD HOUSE, OVERTON APPLICATION FOR LAWFUL GRANTED ROAD, RUABON, WREXHAM, LL14 DEVELOPMENT CERTIFICATE FOR 05/05/2016 6LH EXISTING USE AS DWELLING HOUSE AND RESIDENTIAL CURTILAGE AND OUTBUILDINGS FOR PURPOSES ANCILLARY TO THAT DWELLING

ESC P/2016/0302 16 SUMMERFIELDS, , SINGLE-STOREY SIDE AND REAR GRANTED WREXHAM, LL14 4EU EXTENSION 05/05/2016 WRR P/2016/0304 20 ACTON GATE, WREXHAM, LL11 ERECTION OF DETACHED GARAGE TO GRANTED 2PN REAR 12/05/2016 CHI P/2016/0309 THE CONIFERS, STATION ROAD, REMOVAL OF 2 NO. CONIFERS (REF B & GRANTED CHIRK, WREXHAM, LL14 5BQ C) AND REDUCE HEIGHT OF 2 NO. 10/05/2016 CONIFERS BY HALF (REF A & D) (PROTECTED BY CHIRK CONSERVATION AREA)

HOL P/2016/0310 10 ASHLEY COURT, HOLT, CONSERVATORY EXTENSION GRANTED WREXHAM, LL13 9JZ 05/05/2016

COE P/2016/0311 TY LEYNETH, NANT ROAD, ERECTION OF FLAT ROOFED GRANTED , WREXHAM, LL11 3TH DETACHED GARAGE 05/05/2016 ERB P/2016/0317 NANT Y LLADRON BARN, NANT Y APPLICATION FOR A NON MATERIAL GRANTED LLADRON LANE, , AMENDMENT TO PLANNING 12/05/2016 WREXHAM, LL13 0DD PERMISSION P/2015/0245 TO ALLOW CHANGES TO FENESTRATION AND BRICK DETAIL

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CEF P/2016/0318 GLANLLYN, BETHANIA ROAD, APPLICATION FOR APPROVAL OF GRANTED ACREFAIR, WREXHAM, LL14 3TS RESERVED MATTERS FOR PLANNING 12/05/2016 PERMISSION P/2015/0748 FOR THE ERECTION OF 1 NO. DWELLING ON LAND ADJOINING GLANLLYN

ISY P/2016/0322 CHURCH HOUSE FARM, BRYN VILLA ERECTION OF BOUNDARY WALL (IN GRANTED ROAD, BOWLING BANK, WREXHAM, RETROSPECT) 19/05/2016 LL13 9RY

BRN P/2016/0323 APPLE TREE COTTAGE, FORMERLY APPLICATION FOR NON MATERIAL GRANTED KNOWN AS TOP HOUSE, HANMER AMENDMENT TO PLANNING 21/04/2016 ROAD, EGLWYS CROSS, WREXHAM, PERMISSION P/2011/0842 TO AMEND SY13 2JP EAST SIDE OF EXTENSION TO INSERT LARGER WINDOW IN THE FIRST FLOOR AND FRENCH DOORS IN GROUND FLOOR

ISY P/2016/0324 RODENS HALL FARM, RODENS HALL ERECTION OF STOCK SHED FOR REFUSED ROAD, ISYCOED, WREXHAM, LL13 ANIMAL HOUSING (BEEF CATTLE) 25/05/2016 9RS

OVE P/2016/0329 LANE END COTTAGE, 20 SALOP REMOVAL OF SHUTTERS AND GRANTED ROAD, OVERTON, WREXHAM, LL13 PAINTING OF EXTERIOR OF PROPERTY 12/05/2016 0EH AND WINDOW FRAMES / CILLS (WITHIN OVERTON CONSERVATION AREA)

MAE P/2016/0331 CHERRY TREE FARM, FIELD NO APPLICATION FOR NON MATERIAL GRANTED 7583, LAND EAST OF RED HALL AMENDMENT TO PLANNING 25/04/2016 LANE, , WREXHAM, LL13 PERMISSION P/2013/0092 TO REMOVE 0NA CONDITION NOS. 4, 5 AND 6 AND CHANGE THE EXTERNAL FACING MATERIALS TO BE USED ON THE GARAGE SUBJECT TO RESERVED MATTERS APPROVAL P/2014/0573

BRY P/2016/0332 GRAIG Y CORN, RUTHIN ROAD, CONSTRUCTION OF EQUESTRIAN GRANTED BWLCHGWYN, WREXHAM, LL11 5UR MENAGE (44M X 23M) AND 12/05/2016 ASSOCIATED WORKS (PARTLY IN RETROSPECT)

MAE P/2016/0340 CHERRY TREE FARM, FIELD NO APPLICATION FOR APPROVAL OF GRANTED 7583, LAND EAST OF RED HALL DETAILS RESERVED BY CONDITIONS 17/05/2016 LANE, PENLEY, WREXHAM, , LL13 IMPOSED UNDER PLANNING 0NA PERMISSION CODE NO. P/2013/0092 AND RESERVED MATTERS APPROVAL CODE NO. P/2014/0573: P/2013/0092 CONDITIONS 7 AND 8 - ECOLOGY CONDITION 10 - VISIBILITY IMPROVEMENT P/2014/0573 CONDITION 1 - SAMPLES OF MATERIALS

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WRO P/2016/0346 7 PIERCES SQUARE, WREXHAM, TWO STOREY EXTENSION TO REAR OF GRANTED LL13 7NE EXISTING EDUCATION FACILITY 19/05/2016

HOL P/2016/0349 3 LAUREL GROVE BARNS, HOLT ERECTION OF GARDEN SUMMER GRANTED ROAD, RIDLEY WOOD, WREXHAM, HOUSE / SHED AND FEATHER BOARD 12/05/2016 LL13 9US BOUNDARY FENCE (IN RETROSPECT)

HOL P/2016/0353 STRAWBERRY GARDEN, DEE SIDE, FELL 2 NO SYCAMORE TREES GRANTED HOLT, WREXHAM, LL13 9YF (PROTECTED BY HOLT CONSERVATION 20/05/2016 AREA)

BRN P/2016/0363 DRURY LANE FARM, DRURY LANE, APPLICATION FOR APPROVAL OF GRANTED TYBROUGHTON, WREXHAM, SY13 DETAILS RESERVED BY CONDITION 04 - 10/05/2016 3BD SAMPLES OF ALL EXTERNAL FACING AND ROOFING MATERIALS IMPOSED UNDER PLANNING PERMISSION P/2015/0736

WRR P/2016/0367 3, GROVE ROAD, WREXHAM, LL11 LIME TREE - REPOLLARDING GRANTED 1DY (PROTECTED BY GROSVENOR ROAD 20/05/2016 CONSERVATION AREA)

WRR P/2016/0375 16 TO 18, GROSVENOR ROAD, APPLICATION FOR APPROVAL OF GRANTED WREXHAM, LL11 1BU DETAILS RESERVED BY CONDITION 13/05/2016 IMPOSED UNDER PLANNING PERMISSION CODE NO. P/2015/0899: CONDITION 2 - MANAGEMENT BUILDING CONTRACT

PEN P/2016/0382 BROOKLYN, PENYCAE ROAD, APPLICATION FOR NON MATERIAL GRANTED RUABON, WREXHAM, LL14 1TW AMENDMENT TO PLANNING 11/05/2016 PERMISSION P/2015/0815 TO RETAIN AND CONVERT EXISTING GARAGE INSTEAD OF BEING DEMOLISHED

WOR P/2016/0387 WISTERIA COTTAGE, 1 NO. CONIFER TREE - REMOVAL TO GRANTED WORTHENBURY ROAD, GROUND LEVEL (PROTECTED BY 20/05/2016 WORTHENBURY, WREXHAM, LL13 WORTHENBURY CONSERVATION 0AW AREA)

CHI P/2016/0390 LLYS Y WAUN, MAES Y WAUN, APPLICATION FOR APPROVAL OF GRANTED CHIRK, WREXHAM, LL14 5ND DETAILS RESERVED BY CONDITION 11/05/2016 IMPOSED UNDER PLANNING APPEAL REF NO APP/H6955/A/11/2159246: CONDITION 8 - LANDSCAPING

BRY P/2016/0410 LAND EAST OF, QUEENS ROAD, APPLICATION FOR APPROVAL OF GRANTED BRYMBO, WREXHAM, LL11 5DY DETAILS RESERVED BY CONDITIONS 25/05/2016 IMPOSED UNDER PLANNING PERMISSION P/2015/0268: CONDITION 6 - LANDSCAPING SCHEME

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GWE P/2016/0415 27 WESTBURY DRIVE, PANDY, APPLICATION FOR A NON MATERIAL GRANTED WREXHAM, LL12 8PZ AMENDMENT TO PLANNING 03/05/2016 PERMISSION P/2014/0823 TO REDUCE SIZE OF EXTENSION AND AMEND ROOF CONSTRUCTION

LLA P/2016/0426 36 WATTS DYKE, LLAY, WREXHAM, APPLICATION FOR APPROVAL OF GRANTED LL12 0RA DETAILS RESERVED BY CONDITION NO 13/05/2016 3 OF PLANNING PERMISSION P/2016/0114 - FACING AND ROOFING MATERIALS

RUA P/2016/0456 LAND ADJACENT TO, MOUNT APPLICATION FOR A NON-MATERIAL GRANTED HOUSE, CHURCH STREET, RUABON, AMENDMENT TO PLANNING 25/05/2016 WREXHAM, LL14 6DS PERMISSION P/2013/0646 TO VARY CONDITIONS NOS 3, 4 AND 5 TO REMOVE THE REQUIREMENTS TO COMPLY WITH CODE FOR SUSTAINABLE HOMES LEVEL 3 BUT TO RETAIN A REQUIREMENT FOR THE DWELLING EMISSION RATE TO BE 8% BETTER THAN THAT REQUIRED BY THE 2010 PART L BUILDING REGULATIONS

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