Item 4

REPORT TO: Planning Committee

REPORT NO. HEP/54/16

DATE: 5 September 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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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Community Code No Applicant Recommendation Pages

MIN P/2013/0108 S K MATTHEWS SKIP GRANT 14 – 29 HIRE MR NEIL MATTHEWS BRO P/2016/0080 PLAS POWER ESTATE GRANT 30 – 47

WRO P/2016/0298 MR ANDREW GRANT 48 – 53 NEWCOMBE WRO P/2016/0299 MR ANDREW GRANT 54 – 58 NEWCOMBE RHO P/2016/0326 MRS PAM GROUNDS GRANT 59 – 67

CHI P/2016/0534 KRONOSPAN LTD REFUSE 68 – 73 MR KEITH BAKER

CHI P/2016/0336 KRONOSPAN LTD GRANT 74 – 83 MR KEITH BAKER

ISY P/2016/0358 WREXHAM POWER LTD GRANT 84 – 101

MIN P/2016/0359 PN & JA TOMLINSON GRANT 102 – 105

GRE P/2016/0392 GRESFORD ATHLETIC FC GRANT 106 – 112 MR JULIAN DAVIES BRO P/2016/0411 MR J ROBERTSON GRANT 113 – 119

RHO P/2016/0484 COL PROPERTIES LTD GRANT 120 – 125

ESC P/2016/0516 MRS IRENE HAUGHTON GRANT 126 – 128

GLY P/2016/0525 MR CHRISTOPHER GRANT 129 – 133 WALKER PEN P/2016/0530 WREXHAM COUNTY GRANT 134 – 146 BOROUGH COUNCIL

CHI P/2016/0546 MR T MIAH GRANT 147 – 153

BRO P/2016/0584 MR PAWEL NOWICKI GRANT 154 – 160

WRO P/2016/0600 MR BASHARAT JAMEEL GRANT 161 – 166

MAR P/2016/0609 MR ANDRE WILLIAMS GRANT 167 – 171

BRY P/2016/0626 PARKHILL ESTATES LTD GRANT 172 – 180

GRE P/2016/0634 NOTEMACHINE UK LTD GRANT 181 – 183 MS JAN CLARK

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

GWE P/2016/0635 NOTEMACHINE UK LTD GRANT 184 – 186 MS JAN CLARK

RUA P/2016/0669 MR KEVIN JONES GRANT 187 – 190

ROS P/2016/0672 MR PAUL LEWIS GRANT 191 – 196

BRY P/2016/0686 MR CHARLES OSBORNE GRANT 197 – 203

RHO P/2016/0706 MR P KLASS GRANT 204 – 207

WRC P/2016/0713 POWERZONE GYM REFUSE 208 – 211 MR CAIN WYNNE

Total Number of Applications Included in Report = 27

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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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0108 STATION HOUSE OLD ROAD 13/02/2013 MINERA WREXHAM LL11 3YQ COMMUNITY: CASE OFFICER: Minera DESCRIPTION: DSW CHANGE OF USE OF PART OF EXISTING PADDOCK TO WARD: AGGREGATE AND SKIP STORAGE AGENT NAME: Minera (IN RETROSPECT) AND ERECTION DAVID B DAVIES OF AGGREGATE GRADING AND SKIP STORAGE SHED.

APPLICANT(S) NAME: MR NEIL MATTHEWS S K MATTHEWS SKIP HIRE

______

THE SITE

The site is located on west side of A525, and formerly consisted of land associated with a former railway line. A former railway building at this location has been converted into the dwelling called Station House.

Five Crosses Industrial Estate

Application site

Dotted line - land within control of applicant

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PROPOSAL

As above.

The application was initially submitted with plans that indicated a new building measuring 20m wide x 15m deep, to be used for aggregate grading and skip storage, together with an attached 5m wide x 10m deep maintenance shed building. Both elements of the overall building were designed to have mono- pitched roofs – to be 10m maximum. The larger part of the building was designed to be open fronted on one side – facing towards the south. The area subject to a change of use measures 50m long and it covers the width of the former railway line.

Amended plans have been received recently. The submitted plans are still indicating a building measuring 20m wide x 15m deep as an aggregate grading and skip storage area, but this now has an attached building measuring 25m wide x 12m deep which is designed as maintenance shed and equipment store building, including canteen and toilets. Both these building elements would still have mono-pitched roofs – and the grading / skip building would be 8m high at its highest part, and it will have open front area facing south. The maintenance / equipment building would be 6m high, and this will have 3 roller shutter doors. The walls are intended to be clad steel sheeting to have a moorland green colour, and the roof area with goosewing grey.

A further amended plan has been received to indicate the position of the gas main which crosses the area.

HISTORY

6/22310 Use of part of haulage and storage site as waste transfer station. Refused 25.7.1994 6/23113 Conversion of former goods building to single dwelling. Refused 20.1.1995. Appeal submitted but withdrawn 6/23896 Conversion of former railway goods building into single dwelling. Granted 11.3.1996 CB 1616 Conversion of existing building to single dwelling. Refused 12.1.1998 Appeal dismissed 16.12.1998. [Inspector was concerned that the proposal was significantly different in scale and degree of alteration than what is show as part of this proposal. Proposal overwhelmed the original stone building – more than doubling the footprint of that building. Rather than being a conversion, it was tantamount to the erection of a new dwelling in countryside] P/2002/0347 Erection of detached garage Granted 30.5.2002 P/2002/0755 Conservatory extension (In retrospect) Granted 13.9.2002

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P/2005/0370 Certificate of lawfulness for the existing use of land for skip storage and waste transfer. Confirmed to be lawful on 15.11.2005 P/2006/0427 Additional bedroom over bathroom. Refused 24.5.2006 P/2007/0081 Use of land for storage of empty skip containers and top soil. Refused 7.3.2007 P/2007/0964 Single storey mobile office/toilet unit and erection of galvanised steel palisade fencing (in retrospect) Granted 1.10.2007

DEVELOPMENT PLAN

Outside settlement limits and within green barrier. Wrexham UDP policies PS1, PS2, EC1 and GDP1 apply

Public footpath no. 6 runs immediately parallel to the southern edge of the site/use.

CONSULTATIONS

Community Council: Objects, raising the following concerns: • Many residents were living in this area before the business started at this location, and would like certainty that control measures will be adhered to. • The proposal is a noisy and dusty operation, and those items should be controlled. An open fronted building might actually increase noise by causing a booming effect. Other measures should also be considered. Noise and dust has increased over the years. • It is unclear where water run-off will drain to, and both ditch and drain on north side of the site struggles to cope with existing water, and it might become overloaded • The site drawing makes no reference to the gas supply main which crosses the site. • The existing use was confined to supplying skips to trade and domestic customers, including the sorting out of returned waste materials into different categories. This has now progress into reconstituting of building waste, and this causes more dust and noise. Re-consulted 9.3.16 and the following have been raised in respect of the amended plans: • The new building will help screen machinery, material, workings and it will help reduce noise

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and dust pollution. Therefore support is offered in principle, subject to some further matters. • The finish of the rear of the building and roof should be painted dark green, and there should be tree planting to break up the expanse of the sheeting. • The area used for storage area for empty skips and aggregates should have a defined area, to stop this area moving closer to Vicarage Crossing. • Noise from loading machinery needs to be minimises to reduce amenity impact to residents. • There is a gas supply crossing the site and there needs to be safeguards to protect the supply. • The drainage pipe which is running across the property from Pen Y Fron is 150mm diameter (6 inches) and this is not sufficient, and excess water builds up on the public footpath (cinder path between site and playing field). The drainage should be improved. Local Member(s): Notified 15.2.13 NRW: No objection. As part of any permit, it should be noted that NRW does not control opening hours or storage heights, and would expect those to be controlled by planning conditions. NRW is required to consider matters of noise and dust monitoring at the permit stage. Highways: The development is located on a busy classified highway subject to a 30mph speed limit, and this is at the very busy junction between the A525 slip road onto the B5430 Old Road, Minera. The access has substandard visibility in a SE direction and the width of the access does not allow simultaneous passage of vehicles. The application is in retrospect, but not aware of any highway issues, but has potential to create additional danger on the highway. The use could continue to grow and create problems at the site access. Further information regarding the quantity of vehicles is required if the extended use is allowed. PROW: Any new leylandii hedge along the southern boundary should be planted 3m from the PROW No. 6 Minera, to prevent encroachment of foliage over the footpath as trees grow. Public Protection: No comments in relation to contaminated land. There are concerns regarding potential noise and

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

dust emissions from the development. A dust management scheme for external aggregate screening, handling and stockpiling activities is required, and the waste permit from NRW would contain some dust controls. A noise assessment to assess the impacts upon residential properties nearby should be undertaken, and this should be in accordance with BS4142:1997 “Rating industrial noise affecting mixed residential and industrial areas” HSE: Does not advise against. Site Notice: Expired 15.3.13 Other representations: 19 neighbours notified and 8 letters received raising the following objections: • The site has generated increased noise – from JCB type vehicles (engine noise) and their use on site (to load buckets, and emptying their contents. Noise is heard inside buildings sometimes. • The site is an eyesore • The hours of use are in conflict with the adjacent residential area. The use has started at 07:30 in the morning, and the noise is intermittent during 7:30 to 5:30 hours x 6 days a week, and sometimes Sundays. • The use is unsuitable for the area – too close to residential property. Amenity of garden areas has been reduced. • The development will only lead to further expansion of the business. • The proposal is contrary to Policies GDP1 a) and f) • The size of the building is 350m2 and it exceeds policy limits. • The size of the building proves that this building is better located on an industrial estate, and there is one nearby. The location of the use if wrong. The building is too large. • The aggregate grading machine is very noisy • Sound might reverberate around an open sided metal sheet building, and could make the sound worse. Some of the machines used on site are loud. Background noise in area is low, and this will get worse if the development is allowed. • Air pollution will be caused. Generation of dust is not healthy.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

• The problems of the use do not justify the building. • Landscaping is required along northern boundary. There is no established planting along this edge. • This single free standing building is out of scale with its immediate surroundings. • Not suitable near to public footpath • The original business use is expanding the realms of what was originally expected. • Land is prone to be boggy. Extra run-off from new roof area. • More traffic will be generated. 20 neighbours re-notified regarding amended plans 9.3.16, and 3 items have been received raising the following: • Still totally against the extension of this business. The location has a rural setting, and the use will upset this. The size of the building will be extended by this amended proposal. • Dust and noise pollution will be caused, to cause loss of amenity. Existing properties are affected by current activities. Noise is cause by skips being dragged, filled and emptied, and the hydraulic concrete breaking machine sounds like a machine gun. • The business developed without planning permission, and local people were not given the opportunity to object to the original proposal. • Residents will not object because they are afraid that it will devalue their homes should they wish to sell. • The use should be carried out on an industrial estate, and based upon previous history, the applicant is likely to extend his business even further without planning permission. • The northern boundary of the site must be screening. Local residents have an obtrusive view of this area. • Storage is getting higher and higher. • Hours should be controlled to 9.00am to 5pm for Monday to Friday and weekends should be free of noise. • The external cladding should be timber or other insulating natural material, to help deaden noise.

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• Adjacent temporary car park for the dairy did not produce as much noise as this, and that was refused planning permission. • Future expansion must be curtailed.

SPECIAL CONSIDERATIONS

Background: The planning history for the site confirms that a skip storage and waste transfer station at the site was confirmed to be established in 2005, and the area of this was shown as part of P/2005/0370, and this area was defined as the (red edged) area as shown on the plan below:

North Area of established use

Location of office building as granted by P/2007/0964

That established use did not control a number of skips or their type or the type of types of material. It only controlled the extent of that area, and therefore site boundaries were verified, and those same areas were shown to be the same as those examined as part of the decision for P/2007/0964.

The eastern edge of the site area was therefore identified by a single storey office building, and the position of that is shown on the above plan. That same building is also shown on a relevant aerial view extract for the area – see below:

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Existing office Application site building areas

East

North

The area as proposed by this application will extend the established (in planning terms) use to a location further eastwards if the current application is supported.

Based upon the measurements supplied, the established yard area will be extended 7m towards the applicant’s property known as Station House.

This application also proposes to extend the area further westwards towards Minera by 50m. The extended storage area is a retrospective use.

The use at this location contains a number of skips (various sizes), aggregate storage areas/pens, an office building, metal storage containers (various), a number of skip lorries and small excavators. It is also noted that there is some steelwork forming a frame for a potential building within the site and this is different to the building as proposed by this application because this has a different shape.

Policy: The proposal contains two new items as part of the application as explained as part of the proposals. Both items are within part of the defined green barrier area at this location. UDP Policy EC1 does not support the principle of this kind of industrial development.

However it is noted that a business use is established at this location, and therefore it is important that any further development does not affect the purpose for designating those areas as Green Barrier as set out in para 5.2 of the UDP.

The eastward extension of the use will reduce the gap between existing built development, and together with further development it could lead to the gradual coalescence of settlement of Minera and Coedpoeth. The main

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 element of this application includes a new building that will be higher than the hedgerow located along the southern edge of the site.

The proposed westward extension area (for open storage) is essentially located within a narrow area near to two opposing sides of the Minera settlement limit, and given this location, the use of the area will not have significant harm of the purposes of the green barrier at this location, although this may cause other amenity issues for local residents.

Details: The current use of this area for a skip storage and waste transfer is controlled to some extent by the size of the authorised operational area, together with an on-going waste management permit for the facility. However there are some matters which are not currently controlled; and these have some potential to be controlled in some form if additional development is allowed through a planning permission.

Of matters that have potential to be controlled it is possible to consider the following items:

i) hours of use; ii) height and position of existing outdoor storage areas; iii) the means of insulating the walls / roof of the new building to help control noise impacts in the absence of contrary noise reports; iv) the provision and maintenance of defined areas for parking, turning and circulation areas for staff or other vehicles within the site;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

v) landscaping measures, etc. to give control over both new and existing landscaping; and vi) details of type and location of certain machinery to be used within site

Noise and dust matters are examined as part of on-going permit requirements as confirmed by NRW and therefore any decision cannot duplicate other legislative controls. However the planning application has potential to help regulate some matters in a different way. This seems worthwhile because local objections confirm that the authorised areas are causing amenity issues for local residents from time to time notwithstanding the permit controls.

Noise: Noise is raised as a matter of concern by a number of objectors. The new building may help to control some of the existing concerns because some noisy operations can then be carried out inside it. However it will not prevent all noise outside and therefore controlling the hours of use can be examined.

At present there are no restrictions over the hours of use, so this proposal does provide the opportunity to impose time restrictions in the interests of nearby residential amenity.

The new building is shown as a metal clad building, but no details confirm its actual acoustic quality therefore it is not known how much existing noise will be reduced if certain operational aspects are carried out inside the it, or how much the building itself will form a noise screen from adjacent properties – particularly for properties to the north of this area.

It is likely to reduce noise to some degree but could be even more effective if the metal cladding material is backed with suitable insulation material. In the absence of any proper noise assessment information to help verify matters to the contrary, it would be appropriate for the building to be fitted with insulated walls and roof to maximise noise control possibilities. This can be secured by condition.

As mentioned above, noise at the site can also be controlled by limiting operational hours of the use. Since the new building provides scope for business activities to be extended the control can be extended across the whole operational area and not just the red edged areas. Likewise the use of any aggregate grading equipment can be limited to the areas inside the building to provide further noise controls.

The provision of height limits for the outdoor areas is also likely to give some control regarding noise, although some machinery may need to operate above any imposed height limits. I note the observations of Public Protection regarding the need for a noise assessment but I am satisfied that the proposed development will actually reduce noise levels and conditions can be imposed to prevent any activity within the area immediately behind existing dwellings during early morning and evenings. A further condition will also restrict the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 activities in this location to storage only. In the circumstances I do not consider a noise assessment necessary.

Landscaping: The building is shown to be located within 1.5m of the northern boundary of the established operational area in a position that does not allow much scope for any useful landscaping in this area to be maintained or provided to help break up the massing of the building. The boundary is a chain link/concrete post fence and offers no screening for the site.

The submitted amended plans have reduced the height of the main building but the overall size of built development is higher than existing effects so it will be important for the proposals to include soft landscape treatment along the northern boundary. This will help control the appearance of the building in context of its countryside location close to the edge of the village area and to help maintain the purpose of the green barrier in this location. The Community Council has confirmed that they consider that the planting of some trees along this edge will be important and will have the potential to screen the wall areas of the building. Some suitable tree planting will also help with the roof massing.

In respect of the southern boundary edge, it is proposed to retain an existing conifer hedgerow (which is over 3m high), and to supplement this with further planting next to houses in Mwyn Ffordd. This will be acceptable and a condition is required to ensure that this happens and for the planting to be maintained.

Visual impact of the proposed building: The colour treatment of the building needs to be careful assessment and moorland green (light green) walls and goosewing grey (which is light grey) roof will not be the most suitable colour choice for this location. An assessment of different locations has been examined, and a dark green colour for all elevations and roof areas would be the more appropriate.

Visual impact of outdoor storage areas: The height of storage should be controlled so that it is no more than the established boundary treatments. The adjacent boundary treatments should also be retained. The retention of a palisade fence at the western extent of the new storage area will be conditioned.

Parking, turning and circulation: The proposed building and extended storage area gives potential for more staff to be employed at the site. In order to control impacts upon adjacent areas details for parking, turning and circulation areas need to be regulated to ensure that unplanned extensions do not occur. A condition can be imposed to control this matter.

Gas main: The location of the building crosses a gas main so the applicant must ensure that the operator is agreeable to this and that appropriate safeguards are included. The applicant is aware of this possible constraint and a revised plan to show its position has been submitted to ensure that its

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 location is known by any building contractor. I understand the applicant has had contact with the gas supplier.

Drainage: Drainage details for the new building are limited but new roof areas will need to be effectively drained. A condition will be imposed to require a scheme to be submitted to and approved before development commences.

Conclusion: Providing the above matters can be suitably controlled by planning conditions, the new building and the extension to the use will enable the existing authorised use at this location to be controlled. This should help reduce some of the on-going amenity concerns for local residents. In this instance the green barrier function of the area will not be harmed by the development because of the nature of the established use.

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 NM/02/01B and contained within the application documentation. 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the building shall be used except for the precise purposes described in the application in connection with the established use of the land for skip storage and waste transfer. 4. No use of the development, including any plant or machinery shall be operated with the area as shown edged green on the Block Plan as shown on the approved plan no. NM/02/01B shall be made before 09:30 or after 16:30 hours on Monday to Saturday, or any time on a Sunday or Bank Holiday. 5. Notwithstanding the approved plans, full details of the cladding material(s) to be used for all walls and roof areas of the proposed building shall be submitted to and approved in writing with the Local Planning Authority before it is first used on the building, and the material(s) shall be designed to give greater noise insulation than a standard metal cladding material. 6. Within 2 months of the first use of the building hereby approved, the existing office building as shown on the approved plans, together with any other building structures/containers, but not including skips, shall be permanently removed from all outdoor areas of the site within the area edged green on the Block Plan as shown on the approved plan no. NM/02/01B. 7. Other than the development hereby approved, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 or without modification), no further development shall take place within the area within the area edged green on the Block Plan as shown on the approved plan no. NM/02/01B, under Classes A, B and D of Schedule 2 Part(s) 8 of that Order. 8. Before work commences on the new building hereby approved, details of all parking, turning and circulation areas within the site as shown edged green on the Block Plan as shown on the approved plan no. NW/02/01B shall be submitted to and approved in writing by the Local Planning Authority, and the scheme as subsequently approved shall be fully implemented before the first use of the building hereby approved and thereafter be permanently retained in accordance with the scheme. 9. Notwithstanding the details as submitted as part of this application, the building hereby approved shall only be clad and finished with a dark green colour, including the roller shutter doors of the maintenance and equipment store, in accordance with a colour specification to be first agreed in writing with the Local Planning Authority, and that approved colour scheme shall be retained and maintained. 10. Upon first use of the building hereby approved, all aggregate grading work within the area edged green on the Block Plan of approved plan no. NW/02/01B other than the storage of the material, shall only take place inside the building as approved by this permission. 11. Before the building is first used, a scheme of lighting details including the times of use, for the building and any adjacent operational areas of the site as shown edged green on the Block Plan on the approved plan no. NW/02/01B, including any lighting within the internal areas of the open-sided area of the building, shall be submitted to and approved in writing by the Local Planning Authority. The scheme of lighting as subsequently approved shall be fully implemented and retained in accordance with those details for the duration of the use of the site. 12. The existing hedge along the southern edge of the site shall be retained, and its height shall not fall below a height of 3.5m as measured from the finished surface of the adjacent public footpath which is alongside the southern edge of the area as shown edged green on the approved plan no. NW/02/01B. 13. Within 3 months of the date of this permission, full details of proposed boundary treatments and landscaping scheme for the retrospective storage area, shall be submitted for approved in writing by the Local Planning Authority. The scheme as subsequently approved in writing, shall be fully implemented either within 3 months of the approval, or within the first planting season, and it shall thereafter be fully retained in accordance with the approved scheme. Any hedge planted along the boundary shall be permanently retained, and if 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 within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 14. Before any development commences on the new building as approved in connection with this permission, details of a landscaping scheme including for the boundary area adjacent to the north facing elevation shall be submitted

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 to and approved in writing by the Local Planning Authority, together with timescales for implementing the work. 15. The landscaping scheme as approved in connection with condition 14 shall be fully maintained for a minimum period of 5 years. If any planting becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority, this shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 16. Other than operational vehicles required in connection with the authorised use, no storage shall take place in the open on any part of the site to a height exceeding 3.5m above the finished surface of the adjacent public footpath which is located alongside the southern edge of the site. 17. 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. 18. 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. 19. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. 20. The area shown edged green on the block plan as shown on the Approved Plan No. NM/02/01B shall be used for storage purposes only.

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 that the use of the site is controlled because the site is close to residential properties and within a green barrier area as defined within the Wrexham Unitary Development Plan. 4. To ensure that the extended use at this location does not cause noise and disturbance issues at a time which is likely to cause amenity issues for nearby residents.

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5. To ensure that the building is constructed with appropriate noise insulation, to help minimise noise and disturbance to adjacent residential properties. 6. In order to regulate the number and scale of buildings/structures at this location, in the interests of protecting the green barrier function and the visual amenities of the area. 7. To ensure that the Local Planning Authority can maintain control over permitted developments within the operational areas of the site. 8. In the interests of the visual amenities of the area. 9. The building hereby approved has been approved despite the local green barrier designation of the area in order to limit and minimise on-going amenity impacts for nearby residents. 10. The building hereby approved has been approved despite the local green barrier designation of the area in order to limit and minimise on-going amenity impacts for nearby residents. 11. The site is within a defined green barrier, and it is important to control visual impacts of the development within the area. 12. In the interests of the visual amenities of the area. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area, and to ensure that the use is appropriately contained to prevent further encroachment into the countryside and defined green barrier area. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. 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. 18. 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. 19. To prevent pollution of the water environment. 20. To protect the amenity of adjoining residential properties.

NOTE(S) TO APPLICANT

You are advised that any proposal under item under condition 19 may also require separate planning permission.

You are advised that the landscaping scheme to be submitted in connection with condition 14 above, should include details for the planting of a native species hedgerow along the entire northern edge of the proposed building, and consideration of the planting of some trees to help break up the appearance (massing) of the proposed building.

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You are advised that if there is inadequate room or space to plant a native hedgerow along the northern boundary of the site, it is possible to submit a separate application under Section 96A of the Town and Country Planning Act, to allow minor adjustment(s) to the position of the proposed building in order to accommodate a landscaping scheme.

You are advised to contact the operators of the mains gas supply which crosses the site before starting any work on the erection of the new building, to ensure that any safeguarding work is fully implemented as part of the development, and any alterations to the approved scheme should be formally resolved before any work commences. ______

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0080 LAND SOUTH OF BERSE ROAD 01/02/2016 CAEGO WREXHAM LL11 6TP COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: SEH OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT AND WARD: ASSOCIATED VEHICULAR AND AGENT NAME: New Broughton PEDESTRIAN ACCESS STRUTT AND PARKER MRS JO REDMOND APPLICANT(S) NAME: PLAS POWER ESTATE

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THE SITE

The application site is greenfield land located outside of, but immediately adjoining, the settlement limit and within Green Barrier. It is bounded to the north and north east by highway with residential properties beyond. A disused railway bounds the site to the east and south west, with open countryside beyond. Residential properties also lie to the north west of the site.

Area (as hatched) for built development

Application site

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

PROPOSAL

As above. The application is accompanied by an indicative site layout plan, Planning Statement, Design and Access Statement, Transport Statement, Statement of Community Involvement, Ecological Appraisal, Landscape and Visual Impact Assessment, Drainage Strategy and Flood Consequence Assessment.

RELEVANT PLANNING HISTORY

None relevant

DEVELOPMENT PLAN

The application site is on Greenfield land and located outside of the settlement limit and within Green Barrier. Part of the site is also within a C2 Zone flood risk area. Policies PS1, PS2, PS3, PS4, GDP1, GDP2, EC1, EC2, EC4, EC6, EC12, EC13, H5, H7, CLF5, T8 and T9 of the Wrexham Unitary Development Plan (UDP) are applicable. These policies are amplified in Local Planning Guidance Notes (LPGN) Nos. 10 ‘Public Open Space in New Developments’, 16 ‘Parking Standards’, 17 ‘Trees and Development’, 27 ‘Developer Contributions to Schools’, 28 ‘Affordable Housing’ and 32 ‘Biodiversity and Development’.

NATIONAL PLANNING POLICY

National Planning Policy is contained in Planning Policy Wales (PPW) Edition 8 and Technical Advice Notes (TAN) 1 ‘Joint Housing Land Availability Studies’, 2 ‘Planning and Affordable Housing’, 5 ‘Nature Conservation and Planning’, 12 ‘Design’ and 18 ‘Transport’.

CONSULTATIONS

Community Council: Objects for the following reasons: • Outside the settlement limit; • Access and visibility issues when entering and leaving the site; • Concerned about effect on local facilities of this size of development; • Possible loss of a public footpath; • 'Merging' villages together resulting in a loss of villages individual identity; The amended plans have not removed the above objections. Re-consulted 11.08.2016 Local Member: I have great concerns over this development. • I suggest that the main entrance to this estate would be onto a road that already

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

is very congested and extremely busy at peak times. We sometimes have tailbacks from the roundabout at the bottom of Berse road back up into Caego itself. Local people from Caego terrace and Highfields estate frequently complain that it can take 10-15 minutes to get onto the road in the mornings. The entrance to the estate is proposed not far from a bridge and a very dangerous bend in the road. • My other main concern would be where would the children of this estate go to school, the local junior school is running now at capacity and we still have around 100 more houses left to be built on the Gatewen village estate. S106 money will not be of any use as the school has no room to extend. • My final issue is the infrastructure as we are having problems with drainage and sewerage now due to the Gatewen Village estate. Another substantial development without infrastructure will not be sensible. New Broughton and Caego villages have nearly trebled in size over the past 20 years and now we are at breaking point regarding infrastructure. The amended plans have not removed the above objections. Re-notified 11.08.2016 Highways: There are no objections to the proposed development subject to planning conditions (please see the special considerations below). PRoW: Broughton footpath 43 runs across the site and will be affected by the development. In accordance with Circular 2/1993, consideration should be given to this at the detailed planning stage should outline permission be granted. WW: No objection subject to conditions relating to the comprehensive drainage of the site and restriction of point of water discharge. NRW: No objection. The Council’s Flood Officer must be consulted in relation to detailed surface water management including how runoff might be restricted and volumes attenuated on site where necessary.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Further, there are no objections to the proposal from a protected species perspective. Flood Risk Management Officer: No objections to the scheme subject to a condition to adequately manage surface water. PP: No objection to the scheme subject to conditions relating to possible land contamination investigation and remediation work, noise report, dust management and restrictions on hours of construction works. Education: Primary school contribution required in accordance with LPGN No. 27. Affordable Housing Officer: The applicant proposes 25% of units within the development will be affordable which is in accordance with the Council’s policy. The scheme will contribute much needed affordable housing in an area of high demand. Ramblers: Notified 03.02.2016 Site Notices: Expired 25.02.2016 Press Notice: Expired 04.03.2016 Neighbours: 12 responses received sharing the following concerns: • The location of the affordable housing units should be shown on the site plan; • There should be a second emergency access to/from the site; • The surrounding road network is already dangerously busy and this danger would increase with the additional traffic movements associate with the new houses; • Inadequate footway/pedestrian provision; • Access would be unsafe; • There are errors in the application; • Community Involvement exercise was poor; • Negative impact upon the ecology of the site; • Nuisance (noise, vibration and dust) during the construction works. Noise

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at the vehicular access to the site which would disturb local residents. • Loss of privacy and views across the field; • Local schools do not have the capacity for additional children; • Drainage problems and the site is at risk of flooding; • There is no requirement for family homes, bungalows would be better; • The local Doctors Surgery is at capacity and cannot support additional residents; • The proposed development is unsustainable and there is a lack of facilities such as shops; • The land is Green Barrier and should be protected from built development and there are plenty of Brownfield sites in Wrexham which can be used; • Loss of open space; • The lack of a 5 year housing land supply does not outweigh the harm upon the local community. Re-consulted 11.08.2016

SPECIAL CONSIDERATIONS

Background: The proposal is for the residential development of the Greenfield land. The application is made in outline with all matters reserved for further consideration, apart from access. An indicative site plan is provided showing the potential layout of the development. As the land is outside of the settlement limit and within green barrier, the residential development of the site represents a departure from the development plan. The main issues to consider relate to the sustainability of the location, the loss of green barrier, the impact upon the character and appearance of the area, the impact upon the amenities of the occupiers of the adjacent properties, and the impact upon highway safety.

Policy: The proposed development of the land for housing is contrary to some of the local planning policies set out earlier in this report. The site lies outside of the development boundary to which the current UDP directs all new development for housing and the development would therefore be contrary to UDP Policy PS1. As the site is Greenfield land within green barrier it would not strictly accord with Policies PS3 and EC1 which, as a preference, direct development to previously developed (Brownfield) land and seek to safeguard green barrier. As the site is outside of the settlement limit and the proposals

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 do not accord with any of the circumstances that permit small scale residential development on sites outside of settlement limits, the proposed development would be contrary to UDP Policy H5. Ordinarily I would recommend that a planning application is refused for proposals that do not fully accord with these UDP Policies (PS1, PS3, H5 and EC1). However, paragraph 3.1.2 of PPW states that the Council is only required to determine planning applications in accordance with the adopted development plan unless material considerations indicate otherwise. I will address these other material considerations below.

Housing Land Supply Planning Policy Wales (PPW) at 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. Members will be aware that under the provisions of TAN1: Joint Housing Land Availability Studies (JHLAS) the Council has a statutory duty to monitor housing land supply on an annual basis in the form of the JHLAS. In accordance with paragraph 8.1 of TAN1 (Jan 2015) Wrexham is now unable to demonstrate whether it has a 5 year housing land supply because the UDP plan period expired in 2011.

The Wrexham Local Development Plan Preferred Strategy, which has recently been the subject of public consultation, proposes the development of approximately 11,715 new homes over the period 2013-2028. Taking into account existing housing land supply this equates to a requirement for sufficient land to be brought forward for approximately 6,738 houses to be built. It is therefore clear that there is a significant need for additional land to be brought forward for housing. TAN1 (paragraph 6.2) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies.

Openness within the green barrier The site lies within green barrier where UDP Policy EC1 is applicable. This policy refers to development in green barriers only being granted planning permission if the proposal is for agriculture, forestry, outdoor sport/recreation, cemeteries and other uses which maintain its openness and do not conflict with the purpose of including the land within it. In relation to this site there are strong, logical and defensible boundaries in the form of mature hedges, wooded embankment and boundary fences forming a logical rounding off of the Settlement. In addition, development of the site would not undermine the wider openness of the green barrier as it is so well self-contained with established boundaries on all sides. The development of the site would not result in the coalescence of settlements and, given the distance between this settlement and the next settlement of Wrexham Town, the function of the green barrier would remain even if this site is developed. Allowing the site to come forward would result in the controlled expansion of an urban area and assist in safeguarding further areas of the countryside from encroachment. The

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 development of the site would not therefore conflict with the purpose of including the land within the green barrier.

Inappropriate development in a green barrier Paragraph 4.8 of PPW deals with the managing of urban form by means of green belts and wedges (which are essentially the same as green barriers) and states that there is a presumption against inappropriate development with substantial weight to be attached to any harmful impact which a development would have on a green wedge/barrier. It confirms that inappropriate development should not be granted planning permission except in very exceptional circumstances where other considerations would clearly outweigh the harm.

The lack of a 5 year land supply is a very exceptional circumstance and the proposed housing would make a significant contribution to meeting this need. This clearly outweighs any harm caused to the green barrier by the loss of a small amount of green barrier land. Paragraph 4.8.15 of PPW states that these very exceptional cases can therefore be treated as departures from the plan.

Sustainable Development PPW includes a presumption in favour of sustainable development. In terms of being located within a sustainable location:

• There is access to jobs, shops, services and facilities etc., and the site is as accessible as those within the adjacent settlement. • Landscaped Public Open Space (POS) is provided on site in accordance with UDP Policy CLF5. • Within a 1 km distance there is access to shops and a takeaway. Within a 1.6 km distance there is access to school, employment and medical facilities etc. (see figure 1 below). • There is a bus stop fronting the site which provides a frequent direct service to Wrexham in order to gain further access to jobs, dentist, doctors, hospitals, larger entertainment and retail facilities etc.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Figure 1. Sustainable Travel Destination – Pedestrian and cycle routes

Summary Para 4.7.8 of PPW states that development in the countryside should be located adjoining settlements where it can best be accommodated in terms of infrastructure, access, and habitat and landscape conservation. Although the proposal does not fully comply with UDP Policies (PS1, PS3, EC1 and H5), given the sustainable location of the development immediately adjoining the settlement, and the fact that the development is not considered to be detrimental to the openness of the green barrier, in accordance with para. 4.8.16, I accept that the development for residential use in principle would not cause any detrimental harm to the countryside location.

Highways: The development site is located with a proposed access on to the classified highway known as Berse Road which is subject to a 30 mph speed limit. A recent speed survey has been submitted with this application which shows 85 percentiles speeds are actually 35 mph from the south east and 33 mph for the north west.

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Visibility Welsh government guidelines recommend visibility splays of 2.4 x 54 metres and 2.4 x 50 metres respectively. It is possible to achieve this from the proposed point of access and this has been demonstrated on the submitted layout plan.

Pedestrian Movement Any new development will require a new 2m wide footway along the full frontage of the site. It is also considered that a footpath / cycle link should be made from the eastern corner of the site to the existing cycle/footway constructed along the old Railway line. The internal layout of the estate, including the route of public footpath no. 43 which crosses the site will be considered in full at detailed design stage as part of the reserved matters application, should outline permission be granted.

Traffic Generation Berse Road is quite heavily trafficked particularly at peak hours. There are traffic queueing issues at the Berse Road roundabout 800m east of the development site each weekday, and a significant increase in traffic generation at this roundabout would not be acceptable. The applicant has submitted an assessment of the amount of traffic to be generated by the development, as originally proposed, using the nationally recognised TRICS database. The original proposal was for 34 dwellings (now reduced to 25) generating approximately 25 vehicles in the peak hour; this equates to an average of less than one vehicle every 2 minutes during the peak hour. This level of traffic would not have a significant impact at the roundabout.

Whilst traffic flows on Berse Road are quite heavy at peak hours, the highway authority noted that there were regular gaps in the traffic which would enable vehicles to leave the development site without causing any particular problems with queueing. The submitted traffic impact assessment demonstrates that the development will not detrimentally impact upon highway capacity in the vicinity of the site. Highway improvements are proposed which will enhance the safety of pedestrians and the development complies with UDP Policies PS4, GDP1, T8 and T9.

Scale, Design and Site Layout: The application is accompanied by a detailed Design and Access Statement which fully outlines the rationale behind the site layout, responding to the site constraints. Whilst it is important to note that this proposal is made in outline, with matters relating to layout, scale and appearance reserved for approval at a later stage, the Council can broadly rely upon the contents of the illustrative plan and supporting documentation (see figure 2 below) in determining the anticipated impact of the development. The proposed site layout (as amended) demonstrates that it is possible to achieve a functional development that sits comfortably in its landscape setting which can be satisfactorily mitigated in landscape terms and make a positive contribution to the character and appearance of the area. The properties can

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 be sited at sufficient distances from the existing dwellings on the north, north east and north west boundaries; the closest dwelling being in excess of 22 metres away (the minimum separation standard required by LPGN 21). There is sufficient distance to allow the dwellings to be orientated so that they front the highway and there would be no significant loss of privacy or daylight to these properties, and the proposal accords with UDP Policies GDP1, PS2 and PS4.

Fig 2. Indicative Site Layout Plan

Trees: Trees and vegetation along the eastern boundary of the site provide a significant habitat link as well as potential screening benefits for Berse Drelincourt. Protection of existing vegetation and new landscape planting along this boundary should be provided in any reserved matters application and appropriate distances should be maintained between proposed plots and boundary features. A full arboricultural survey undertaken in accordance with BS5837:2012 should be provided at detailed design stage containing an arboricultural impact assessment (AIA) and shading assessment. These matters can all be dealt with by planning condition and I am content therefore that the proposed development complies with UDP Policies EC4 and GDP1 a).

Ecology: There are no ecology objections to the development of the site. Sufficient surveys have been carried out to a good standard and no serious

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 ecological barriers to development have been identified. Should permission be granted, the hedge boundary to the east of the site should be retained and enhanced by additional planting of native species and the separation distance to the nearest dwellings increased so as to prevent or reduce the risk of light spillage on to this feature. This will be secured by planning condition. A pre- commencement badger walkover will be required no more than 1 month prior to the first activity on site and an Invasive Species Risk assessment will be required. An ecological lighting plan will be also required all of which will also be secured by condition. The development therefore complies with UDP Policy EC6.

Drainage: NRW originally had concerns that flood flows encroached upon some of the residential curtilages (garden areas). The site plan has since been amended to ensure that flood risk is alleviated for the whole of the site and the residential curtilages are no longer within the flood risk area. NRW have no objection to the scheme advising that the Council’s flood officer provide advice in relation to the management of surface water to prevent surface water flooding.

The Council’s flood officer is satisfied that a suitable method of surface water management can be achieved at the site and this will be secured by planning condition. The development therefore complies with UDP Policies GDP1, EC12 and EC13 which safeguards against adverse impacts of development caused by additional surface water run-off and flood risk.

Other Matters: There is no planning policy directly relevant to the impact upon medical facilities and no mechanism by which the Council can secure any financial contribution to offset the impact of the development upon the local medical practice. As mentioned above, Wrexham Town and the hospital are easily accessible and the residents of the development can access medical facilities outside of the adjacent settlement and immediate area.

Although matters relating to the construction works are not strictly planning considerations, a condition will be attached to restrict hours of construction works and advisory notes will also be attached which advise the developers of their responsibilities in limiting any noise and dust pollution etc. throughout the construction phase of the development.

A scheme showing the location of the affordable housing units should be submitted as part of any reserved matters application and this will be secured by planning condition.

CONCLUSION

Paragraph 3.1.2 of PPW states that the Council is only required to determine planning applications in accordance with the adopted development plan unless material considerations indicate otherwise. I have given careful consideration to the information submitted in support of the application and the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 significance of all of the material considerations including the lack of a 5 year housing land supply.

Whilst it is acknowledged that the development of the site does not accord with all of the strategic policies relating to the site location, the proposal presents the opportunity to deliver without significant known difficulty, a high quality development which would make a significant contribution towards much needed housing. Whilst representing a departure from some of the policies of the adopted UDP, the development of the site is justified in this instance as contributing to the 5 year land supply whilst at the same time being in a sustainable location and providing an acceptable form of development. The proposal would maintain the openness of the green barrier and does not conflict with the purpose of including the land within it. The development would make a positive contribution to the character and appearance of the area and I recommend accordingly.

RECOMMENDATION A

That the Council enters into an Obligation under Section 106 of the Town and Country Planning Act 1990 to secure: a) A financial contribution towards primary education facilities in accordance with Local Planning Guidance Note No. 27; b) The provision of affordable housing in accordance with Local Planning Guidance Note No. 28 at a rate of 25% of the dwellings proposed; c) The formation of a management company for the management and maintenance of on-site public open space and communal spaces;

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

RECOMMENDATION B

Upon completion of the S106 Obligation that permission be GRANTED subject to the following conditions:

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 expiry of 1 year 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 three years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a scheme 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 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. 5. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 4. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 6. No part of development shall commence until soakaway tests have been carried out in accordance with British Standard BS6297:1983. The results of the test shall be submitted to and approved in writing by the Local Planning Authority. 7. The development is laid out such that all property curtilages lie outside the 0.1% AEP fluvial event with 100% blockage of the Higher Berse Bridge flood extent, as shown on drawing 'Proposed site plan' number 118 P 03 E. 8. Only foul water from the development site shall be allowed discharge to the public sewerage system and this discharge shall be made between manhole reference number SJ31513001 and SJ31512101 as indicated on the extract of the Sewerage Network Plan attached to this decision notice. 9. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 10. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 11. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 10 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 12. No part of the development shall commence until a noise survey in order to determine noise levels for both day and night has been carried out, and a detailed report of the survey findings together with a detailed scheme of noise attenuation and/or noise insulation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 13. 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 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, F or G of Schedule 2 Part 1, other than the development hereby granted permission. 15. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility 16. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed new footway / carriageway; 2) Detailed layout of the proposed new footway along the whole site frontage with Berse Road; 3) Detailed layout of the proposed link to the existing footway / cycleway on the old Railway line. The scheme as is approved shall be fully implemented prior to first use of the development. 17. 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. 18. 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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 provided across the approved access to intercept any such run off prior to first use of the development. 19. Prior to first use of the development a 2.0m wide footway shall be constructed along the entire site frontage in strict accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 20. Prior to first use of the development a 3.0 metre wide shared / combined footway / cycleway shall be provided within the site in strict accordance with a scheme (to include appropriate marking and signage) which has been submitted to and approved in writing by the Local Planning Authority. 21. The contents of the indicative site plan submitted in support of this application shall not be regarded as representing an approved site layout or scale of development. 22. No part of the development shall commence until a Biosecurity Risk Assessment has been submitted to and approved in writing by the Local Planning Authority. The Assessment shall include appropriate measures to prevent the introduction of Invasive Non Native Species (INNS) during the construction phase, and measures to control INNS as are currently present on site. The measures and proposals shall be fully implemented in strict accordance with the details as are approved. 23. As part of the reserved matters application, an Arboricultural Implication Assessment dealing comprehensively with all tree issues (including shading of the residential plots) shall be 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 Assessment as is approved. This Assessment shall include all trees with a stem diameter of 75 mm or above (including crown spreads and stems) and the trees shall be colour coded and shown accurately on a topographical land survey. 24. An external bat friendly lighting scheme shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The scheme shall be fully implemented in accordance with the approved details prior to first use / occupation of the development. 25. The site layout and landscaping details to be submitted as part of the reserved matters application shall include areas of public open space at a minimum level of 80 square metres per dwelling together with a scheme that includes the following details: i) Hard and soft landscaping of the open space areas (including the location and specification of Local Equipped Areas of Play); ii) The timing of the construction and landscaping of the open space areas. The public open spaces shall be provided on site in accordance with the scheme as approved and thereafter permanently retained. 26. As part of the reserved matters application a Landscaping Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all hard and soft landscaped and planting areas, equipped area of play boundary treatments, communal gardens, driveways, pathways and parking spaces shall be submitted to and approved in writing by the Local Planning Authority. These areas shall be created, managed and maintained in strict accordance with these details as are approved.

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27. No part of the development shall commence until a badger walkover report has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter commence no later than within one month of the date of approval of the report. 28. As part of the reserved matters application, a scheme for the provision of affordable housing within the development shall be submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of Welsh Government Technical Advice Note 2 or any future guidance that replaces it. The scheme shall include the numbers, type, tenure and location on the development of the affordable housing provision to be made which shall consist of not less than 25% of housing units. 29. The development hereby granted permission shall be limited to a maximum of 25 dwellings.

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 satisfactory drainage of the site and to avoid flooding. 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. To ensure satisfactory drainage of the site and to avoid flooding. 7. To reduce the risk of flooding. 8. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 9. To protect the amenities of the occupiers of nearby properties. 10. In the interests of the amenities of the future occupants of the buildings 11. In the interests of the amenities of the future occupants of the buildings 12. To protect the amenities of the occupiers of nearby properties. 13. To protect the amenities of the occupiers of nearby properties. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to reduce the risk of flooding. 15. To ensure that adequate visibility is provided at the proposed point of access to the highway. 16. In the interests of highway safety. 17. In the interests of highway safety. 18. In the interests of highway safety. 19. In the interests of pedestrian safety. 20. To provide an adequate pedestrian / cycleway link from / into the development site. 21. To ensure that all matters are reserved for further consideration. 22. No part of the development shall commence until a Biosecurity Risk Assessment has been submitted to and approved in writing by the Local

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Planning Authority. The Assessment shall include appropriate measures to prevent the introduction of Invasive Non Native Species (INNS) during the construction phase, and measures to control INNS as are currently present on site. The measures and proposals shall be fully implemented in strict accordance with the details as are approved. 23. To protect the amenities of the occupiers of nearby properties and to protect trees which are of significant amenity value to the area. 24. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 25. To provide for the residential amenity of the future occupiers of the development. 26. To ensure the creation and proper maintenance/management of all public realm. 27. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 28. To ensure that the development accords with policy H7 of the Wrexham Unitary Development Plan. 29. In the interests of preventing development that is at risk of flooding and to prevent development that will increase the risk of off-site flooding.

NOTE(S) TO APPLICANT

The applicant is advised that compliance with condition no. 9 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

Further advice on compliance with condition nos. 10 and 11 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

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

- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

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

This planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act 1980. It is essential therefore that the detailed proposals are submitted to the Highway Authority and confirmed as acceptable BEFORE development commences. Please contact the Highway Authority on telephone no. 01978 729690 for further guidance.

The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s). 16 to be formally discharged in writing.

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 reason:-

The development would not make provision for the required infrastructure/community facilities to offset the impact of the development. The proposal as such would be contrary to UDP policies GDP2 and H7.

That delegated authority be given to the Head of Environment and Planning to determine the final form and content of the reasons for refusal.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0298 FORMER OFFICES AND 24/03/2016 WORKSHOP UNIT C MAESGWYN ROAD WREXHAM COMMUNITY: LL11 2AP CASE OFFICER: Offa SEH DESCRIPTION: CONVERSION OF FORMER WARD: OFFICES TO 3 NO. APARTMENTS (2 AGENT NAME: Brynyffynnon NO. TWO BEDROOM AND 1 NO. BLUEPRINT STUDIO) AND PARKING AREA ARCHITECTURAL SERVICES LTD APPLICANT(S) NAME: MR ANDREW NEWCOMBE

______

THE SITE

Proposed Flats

PROPOSAL

As above

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

RELEVANT HISTORY

P/2013/0145 Conversion of Existing Offices to Form 6 No. Residential Apartments with Undercover Parking. Withdrawn 21/03/2013

P/2016/0299 Change of use from workshop to self-storage facility. Decision Pending

DEVELOPMENT PLAN

Within settlement and adjacent to a grade II listed building. UDP Policies PS1, PS2, PS3, PS4, GDP1, EC9, T8 and H2 apply. LPGN Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: There is no objection in principle to the change of use to residential. Concerns were raised over the practicality of having this site developed for residential use with the commercial use adjacent. Ideally members would prefer to see the redevelopment of the two sites to residential with the removal of the workshop. Members object to this application in its present form due to the following concerns: • Are the 3 car parking spaces to be provided of sufficient width and do they comply with building regulations? • A cycle store area should be provided along with a more secure bin compound; • Secure gated access should be provided; • There are concerns over the ground floor flat over lack of privacy due to its close proximity to the adjacent building. Local Member: Raises the following queries: • Are the car parking bays of standard width or are they wide enough to accommodate disabled parking bays? • Can the bin area be secured in some way, so as to minimise any potential fire hazard? • As the location helps promote non reliance on the car, would it be beneficial for the development to include a cycle storage area? • What privacy can the occupant of the ground floor flat enjoy? The bedroom and lounge windows look

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

directly onto the adjacent dwelling i.e. the Miners Rescue Station, with minimal separation distance; • What impact will the proposed self-storage use of the adjacent industrial unit have on this development? Highways: No objection subject to conditions. (see special considerations below) PP: No objection. Conditions required in respect of contaminated land and noise nuisance. WW: Consulted 04/04/2016 NRW: No comments; standard advice applies. Site Notice: Expired 26/04/2016 Other Representations: Notified 05/04/2016 (no representations received)

SPECIAL CONSIDERATIONS/ISSUES

Background: Proposed is the conversion of the existing offices on the ground and first floors of the building into 3 units; 2 x 2 bedroom apartment, and 1 x Studio apartment. Ground floor on-site parking is also proposed. The main issues to consider relate to the residential amenity afforded to the future occupiers of the development and upon highway safety.

Design and residential amenity: The proposed new layout will include a studio apartment and parking on the ground floor with 2 x 2 bedroom apartments on the first floor. The proposals will bring a large and currently vacant/under-utilised building back into use and into a good state of repair. Overall the proposals will have a positive impact upon the street scene and the setting of the adjoining grade II listed building.

Window openings are located sufficient distance from the surrounding dwellings to ensure separation in accordance with LPGN 21, and the units will enjoy the benefit of natural daylight and privacy. Whilst the windows in the side elevation face the adjacent property (Miners Rescue Station), the opening in the first floor window is obscure glazed which would prevent any overlooking.

The units will be close to a commercial use (proposed self-storage facility) and conditions attached to that permission (P/2016/0299) to restrict noise levels and opening hours will safeguard against any noise nuisance to the occupiers of this development.

There is no available outdoor recreation space proposed in connection with the residential units. Given that the building is located within the town centre with all of the amenities such as shops, restaurants, cafes, entertainment centre and green spaces on the doorstep, I do not consider the lack of dedicated outdoor space to be to the detriment of the future occupiers of the development. Bin storage has been provided for the development to the rear of the parking area which is accessible to all residents.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Highways: The proposed development site is located on Maesgwyn Road which is an unclassified road subject to a 30mph speed limit. Estimated actual traffic speed is 25mph due to the geometry of the road. Visibility from the access to the on-site parking area is in excess of the requirements in Manual for Streets. Adequate pedestrian visibility splays have also been shown on the layout plan.

Three parking spaces (1 space per unit) have been provided which is below the 5 spaces as required by LPGN 16. However this is a maximum standard and given the sustainable location of the site close to the town centre and Wrexham General railway station, there are no objections to the proposed level of parking. The existing offices do not have the benefit of any off road parking and the loss of the offices is considered to be a benefit in highway terms as it reduces instances of indiscriminate parking on the highway.

Other matters: There is insufficient space externally to provide for cycle storage; however cycles could be stored in the hallways within the units.

There are no planning policy requirements to provide security gates for the parking and bin storage area.

CONCLUSION

The proposed conversion will not increase the intensity of use of the building and as such there would be very little impact, if any, upon the existing amenity of local residents or upon highway safety. The amenity that will be afforded to the occupiers of the proposed units is acceptable 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 D080/002 Sheet 1 of 2 Rev A; D080/002 Sheet 2 of 2 Rev A and D080/003 Rev A contained within the application documentation. 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. Within one month of commencement of development a detailed scheme of noise attenuation and or noise insulation measures shall be submitted to

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 5. The vehicular parking area as shown on approved drawing No. D080/002 Sheet 1 of 2 Rev A shall be fully laid out, surfaced and drained prior to the first use of the development. This area 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. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 8. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 9. Prior to first use of the development the existing dropped kerb crossing fronting the development site shall be reinstated to full height footway construction in strict accordance with a scheme which has been submitted and approved in writing by the Local Planning Authority. 10. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. 11. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 10 shall not be occupied / used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority.

REASON(S)

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

5. To provide for the parking of vehicles clear of the highway in the interests of traffic safety. 7. 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. 8. To protect the amenities of the occupiers of nearby properties. 9. In the interests of pedestrian safety. 10. In the interests of the amenities of the future occupants of the buildings 11. In the interests of the amenities of the future occupants of the buildings

NOTE(S) TO APPLICANT

Further advice on compliance with condition no. 10 and 11 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.

A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to lower the kerbline and cross the footpath at the new access position and to reinstate the existing dropped kerb crossing fronting the development site. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on telephone 01978 729670. ______

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0299 FORMER OFFICES AND 24/03/2016 WORKSHOP UNIT C MAESGWYN ROAD WREXHAM COMMUNITY: LL11 2AP CASE OFFICER: Offa SEH DESCRIPTION: CHANGE OF USE FROM WARD: WORKSHOP TO SELF STORAGE AGENT NAME: Brynyffynnon FACILITY BLUEPRINT ARCHITECTURAL APPLICANT(S) NAME: SERVICES LTD MR ANDREW NEWCOMBE

______

THE SITE

Proposed Storage Facility

PROPOSAL

As above

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

RELEVANT HISTORY

P/2013/0145 Conversion of Existing Offices to Form 6 No. Residential Apartments with Undercover Parking. Withdrawn 21/03/2013 P/2016/0298 Conversion of former offices to 3 no. Apartments (2 no. Two bedroom and 1 no. Studio) and parking area. Decision Pending

DEVELOPMENT PLAN

Within settlement and adjacent to a grade II listed building. UDP Policies PS1, PS2, PS3, PS4, GDP1, EC9 and T8 apply. LPGN No. 16 ‘Parking Standards’ is also relevant.

CONSULTATIONS

Community Council: Object due to the following concerns: • What provision is made for staff and visitor parking? • Clarification is required on the proposed opening hours and expected noise disturbance to neighbouring residential properties from the metal shutter door and deliveries. Hours of use must be restricted to daytime in consideration of neighbouring residents. • Restrictions are required on the size of vehicles allowed to access the premises and the size of the access opening needs to be reduced to restrict noise nuisance from the metal shutters. • How the goods to be stored are handled. Will it be within the building or on the street? • Will a turning point be provided for HGVs within the building as this is a congested residential no though road and it is not acceptable for HGVs to be manoeuvring to turn around amongst residential properties at the bottom of the road? Local Member: Notified 04/05/2016 Highways: No objection subject to conditions (see special considerations below) PP: No objection. Condition required in respect of noise restrictions. WW: No comments NRW: No comments; standard advice applies. Site Notice: Expired 26/04/2016 Other Representations: Notified 05/04/2016

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

SPECIAL CONSIDERATIONS/ISSUES

Background: Proposed is the conversion of the existing offices and workshop into a self-storage facility. The main issues to consider relate to the impact of the development upon residential amenity and upon highway safety.

Design and residential amenity: The proposals will bring a large and currently vacant/under-utilised building back into use and into a good state of repair. Overall the proposals will have a positive impact upon the street scene and the setting of the adjoining grade II listed building.

The building is close to a residential uses and conditions need to be attached to restrict noise levels and opening hours to safeguard against noise nuisance. The hours of use of the existing workshop are currently unrestricted and this proposal allows the opportunity to better control the use of the site for the benefit of the local residents. The following hours of use will be secured by planning condition: • 08.00 to 18.00 Monday to Sat • 10.00 to 16.00 on a Sunday

Highways: The site is located on Maesgwyn Road which is an unclassified road subject to a 30mph speed limit. Estimated actual traffic speed is 25mph due to the geometry of the road. Visibility from the proposed access is in excess of the requirements in Manual for Streets. Parking within the building in accordance with LPGN 16 has been demonstrated. Adequate pedestrian visibility splays have also been shown on the layout plan. A 600mm low level boundary wall is indicated on the submitted layout plan which is considered beneficial to prevent cars parking behind the existing footway.

The size and number of vehicles visiting the site are a consideration for this application, as is turning provision within the building to ensure that vehicles can enter and exit the site in a forward gear. The maximum length of vehicle visiting the site is likely to be 5.68 metres and these vehicles will arrive during an allotted time. A service and delivery management plan will be required to ensure that the use will operate in this way and this will be secured by planning condition.

CONCLUSION

The proposed change of use will not increase the intensity of use of the building. The impact upon the amenity of local residents will be minimal and there will be no detrimental impact upon highway safety.

RECOMMENDATION: That permission be GRANTED

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

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 D080/002 Sheet 1 of 2 Rev A; D080/002 Sheet 2 of 2 Rev A; D080/004 Rev A; 130421G and contained within the application documentation. 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the premises shall be used except for the precise purposes described in the application plans and documents. 5. Within one month of commencement of development a detailed scheme of noise attenuation and / or noise insulation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 6. The vehicular parking and turning areas as shown on approved drawing No. D080/002 Sheet 1 of 2 Rev A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 7. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 8. No customer shall visit the premises before 08.00 or after 18.00 hours on any weekday or before 10.00 or after 16.00 hours on a Sunday or Bank Holiday. 9. No development shall take place until a Service Delivery Management Plan (SDMP) to include (but not limited to) the details of frequency of deliveries, type of delivery vehicles to be used, management of car parking to facilitate delivery vehicles has been submitted to and approved in writing by the Local Planning Authority. The SDMP as agreed shall be implemented in accordance with the approved details. 10. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure 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 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. 7. To protect the amenities of the occupiers of nearby properties. 8. To ensure that the use is not used at a time which would be likely to cause nuisance or disturbance to nearby residents. 9. In the interests of highway safety. 10. To protect the amenities of the occupiers of nearby properties.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0326 ISFRYN 5 QUEEN STREET 06/04/2016 RHOSLLANERCHRUGOG WREXHAM COMMUNITY: LL14 1TB CASE OFFICER: Rhos PF DESCRIPTION: OUTLINE PLANNING APPLICATION WARD: FOR RESIDENTIAL DEVELOPMENT AGENT NAME: Ponciau (1 NO. DWELLING) WITH BLUEPRINT ASSOCIATED PARKING AND ARCHITECTURAL GARAGE ON LAND TO THE REAR SERVICES LTD OF ISFRYN WITH ACCESS VIA MR DAFYDD EDWARDS DUKE STREET

APPLICANT(S) NAME: MRS PAM GROUNDS

______

THE SITE

SITE

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

PROPOSAL

Planning permission is sought in outline for the erection of a single dwelling. All matters are reserved for future approval. The application has been submitted with supporting plans indicating the position of a single dwelling and detached garage with access intended from Duke Street. The plan also indicates the intention to erect a dwelling of two storeys no higher than 7.5 metres.

HISTORY

None

DEVELOPMENT PLAN

The site is located within the Rhosllanerchrugog settlement limit. 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: The Community Council objects to the application, on the basis that the any further development off the unadopted road leading from Duke Street would contravene the regulations relating to unadopted roads. Local Member(s): Cllr P. Pemberton – no concerns raised at application stage. Cllr K. Hughes notified 29.04.2016 Site notice: Expired 10.05.2016 Highways: Whilst it is normal Council policy to restrict the number of dwellings off an unadopted road to 5, the Planning Committee allowed a dwelling on the neighbouring site in 2002 contrary to officer recommendation. There is little change in circumstance to justify refusing a similar scheme as a result. Standard highway conditions are recommended. PRoW: Consulted 15.08.2016 Public Protection: Amenity protection conditions and informatives are recommended. NRW: No comments. Welsh Water: Advise that a comprehensive drainage scheme should be submitted.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Neighbouring occupiers: 6 neighbouring occupiers notified. 10 representations received raising the following points: - Duke Street is a private unadopted highway; - More properties would make the condition of the road worse and increasingly difficult for it to be maintained; - The private road is used by children going to school and elderly people using the public footpath. A new dwelling would represent a safety issue; - It is assumed that all properties own up to the centre of the private unadopted track; - The access track has never been used as access for traffic.

A petition with 12 signatories from those residents of Duke Street and Queen Street objecting to the proposal on the basis that the road is private and there is no right by the applicant to use the road.

SPECIAL CONSIDERATIONS:

Policy: The site is located within a defined settlement. Policies PS1 and H2 of the Wrexham UDP allow for residential development in such locations provided that the general development principles of policy GDP1 are met (design, highway safety, neighbouring amenity etc.).

Visual Impact and amenity: The proposal is made in outline with all matters reserved for further approval so there are no design details for consideration at this stage. The applicant has provided an indicative layout plan and detail of the maximum and minimum proposed heights of the building. Given the size of the site, it is unlikely that it could be developed in any other way than shown. The indicative layout plan is shown below.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Proposed indicative site layout

I am satisfied that the site can be developed as shown without causing detriment to the privacy or outlook of the neighbouring dwellings. A detailed design could be presented which would accord with the separation standards as set out in adopted LPG21. Given that the site is relatively screened from any prominent public viewpoint, I am satisfied that the design parameters as shown in the application documentation could be adequately achieved.

Highways: Means of access is reserved for further approval. The applicant has indicated the intention to utilise Duke Street, a private unadopted access track which terminates on to Duke Road. This track is also the line of a public right of way. I acknowledge the representations in relation to this proposal raising concerns over the use of the private access track for access purposes and the applicant having no right of access to do so.

Highways have responded on this issue and acknowledge that whilst it is normal Council policy not to allow more than five dwellings to be accessed off a private track, planning permission was granted in 2004 for a dwelling some 20 metres from the site to the north by the Planning Committee contrary to officer recommendation on this issue. At the time, it was considered that the addition of one dwelling off this access track would not necessarily significantly worsen the effects on the highway access to the site. Whilst I appreciate that some time has passed, there has been little change in planning policy. The

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 condition of the access track would ultimately be the responsibility of the applicant and the other parties with a controlling interest. Given the lack of changes in circumstances since 2004, I do not consider that there would be sufficient justification to refuse planning permission given the limited additional traffic movements along Duke Street. Visibility from Duke Street on to Duke Road is adequate. Highways, have therefore not provided an objection to the proposal.

I have no information before me to suggest that the applicant does not have a right to use the access track for the development as proposed. The granting of planning permission would not override any legal restriction over the use of the track. I have sought clarification on this matter from the applicant and I am reassured as much as I can be that the applicant has the ability to use the access track.

As the application site is located adjacent to a public right of way, the applicant will be required to ensure that this is not obstructed in any way. I am satisfied that the orientation of the pathway is such that this is unlikely to be the case given the width of Duke Street itself. An informative can be imposed to ensure the applicant is aware of their responsibility in relation to this right of way when the reserved matters application is prepared. The applicant may also, if required, have the option to ‘stop up’ any necessary part of the right of way and provision for this is made under Section 257 of the Town and Country Planning Act. I am therefore satisfied that the development is achievable without causing obstruction to the right of way.

Conclusion: I am satisfied that a dwelling can be accommodated safely on this site without causing detriment to the amenity of the neighbouring occupiers. The site access is deemed to be acceptable given the context of the level of development. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved.

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3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a scheme 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. 5. No part of the development shall commence until details of a construction phase Reasonable Avoidance Measures (RAMs) scheme in relation to great crested newts have been submitted to and approved in writing by the Local Planning Authority. The proposed development shall be carried out in accordance with details as approved. 6. There shall be no vehicular access to the development other than from Duke Street. 7. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.0 metres x 15 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. 8. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 9. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 10. This permission shall be limited to the erection of only one dwelling.

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 effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 5. In order to afford protection to species which would otherwise be affected by the proposed development. 6. In the interests of highway safety. 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. 8. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

9. In the interests of highway safety. 10. In the interests of the amenity of the area, the neighbouring occupiers and highway safety.

NOTE(S) TO APPLICANT

The applicant is advised that Public Right of Way RHOSLLANERCHRUGOG 49 passes the development site. Details required by Condition No. 1 (the Reserved Matters) shall take into account the route of this public right of way and its shall not be obstructed in any way.

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.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

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.

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.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

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

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

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Environment and Planning Department

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 on 01978 315300 for further advice and information.

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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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0534 KRONOSPAN LTD HOLYHEAD 03/06/2016 ROAD CHIRK WREXHAM LL14 5NT COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: KH PROPOSED BUILDING EXTENSION TO STORE MEDIUM DENSITY WARD: FIBREBOARD (MDF) AND AGENT NAME: Chirk South CHIPBOARD AXIS PED LTD MR MIKE HALSALL APPLICANT(S) NAME: MR KEITH BAKER KRONOSPAN LTD

THE SITE

The Kronospan site is located on land adjacent to Holyhead Road, Chirk and covers approximately 40 hectares. The site comprises a number of large industrial process buildings, warehouse buildings, air emission stacks and storage areas for raw materials. The majority of the northern half of the site is used for the storage of timber logs delivered to the site by HGV or rail, recycled wood for use in the manufacturing process and chipped wood. The western perimeter of Kronospan is formed by the Shrewsbury to Chester railway with the Llangollen Canal (World Heritage Site) located to the west of the railway line. The eastern perimeter of the site is formed by Holyhead Road (B5070) with the main residential area of Chirk located east of Holyhead Road. Chirk Town Centre is approximately 500m to the south-east of the site.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Position of proposed development

PROPOSAL

As above.

HISTORY (most recent)

P/2016/0336 Extension to house a new melamine facing (MF) press, following the demolition / relocation of the existing MF department’s ventilation system, hydraulic oil and diesel storage tanks, a vehicle filling station, garage service building and other associated infrastructure. Pending - Next item for consideration on the Agenda. P/2016/0219 Construction and operation of a recycled fibre (RCF) reception facility, grading plant, storage silos and other associated infrastructure. Granted 3 May 2016. P/2015/0728 Erection of building to contain 3 gas engines and 3 steam boilers, erection of electrical substation building oil tank compound, a duct from the press abatement system to carry process emissions to the Seka (Wesp) stack and associated infrastructure to support existing production operations. Granted 4 January 2016. P/2014/0215 2.5m diameter by 7m high extension to existing 15m high abatement stack. Granted 2 June 2014.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

P/2013/0824 Development of biomass plant comprising biomass boiler and furnace ash, handling facility and flue, gas treatment facility including stack and air pollution control, reagent storage silos, recycled wood fibre offloading and screening facility, biomass storage area and associated infrastructure. Substitution of Planning Permission Application No P/2012/0165. Granted 7 May 2014. P/2012/0165 Development of a biomass plant, recycled wood fibre (RCF) offloading and screening facility and associated infrastructure to support existing production operations. Granted 14 September 2012.

DEVELOPMENT PLAN

Within settlement limit for Chirk, UDP policies PS1, PS2, GDP1, EC5 and EC7 refer.

Consideration is also required of the following documents:-

• Planning Policy Wales (Edition 8 January 2016) and TAN 12 Design (2014) • Pontcysyllte Aqueduct and Canal World Heritage Site, Local Planning Guidance Note No 33 (adopted June 2012).

CONSULTATIONS

Community Council: No objections. Local Member: Notified 08.06.2016 Public Protection: No objections Highways: It is anticipated that the proposal will not increase traffic generation at the site and will not therefore adversely impact on B5070 Holyhead Road. Planning, Landscape and Conservation Delivery Group: Planning, Landscape and Conservation Delivery Group for the World Heritage Site concurred that the proposal would have a detrimental impact on the various heritage assets. CADW, The Canal and River Trust, AONB Joint Committee and CPAT have representatives on the Delivery Group. Neighbours: 4 letters of objection:- • Concerned at the number of applications submitted • Noise and vibration from the site

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

• White deposits in garden which must have come from the chimneys that belch out a vapour dust • Site is in wrong location • Height and scale of building • Impact on World Heritage Site • MDF is a proven cancer cause • Buying up land and property to ensure less complaints • Not putting up with back-handers any more 10 Site Notices: Expired 12.08.2016.

SPECIAL CONSIDERATIONS / ISSUES

Proposal: The proposed development comprises the extension of an existing building to enable it to be used for the storage of MDF and chipboard. The building extension will be 150m in length, 29m in width, 22.5m in height to eaves and 26.8m to ridge. The requirement for a taller building to store MDF and chipboard has arisen from the company re-structuring to process flow of operations within this section of the site. Raw board would be delivered to the new storage building from the chipboard and MDF processes prior to being transported to be used within the MF process lines. The position of the new building within the site is shown on the plan above.

Visual Impact: The proposal has the potential to impact on landscape and heritage assets. This building is significantly larger than previously approved structures on the site. Concerns have been expressed previously regarding the cumulative impact of the development, but schemes allowed on the basis that in the context and backdrop of a large industrial landscape they would not appear out of character or adversely affect the wider landscape setting of the area.

This is the case with P/2016/0336 which was deferred at your last meeting, but is back on this agenda for considerations.

The current proposal however, would represent a significant new industrial feature within the site. A Landscape and Visual Assessment has been submitted which has considered two key viewpoints from Green Lane and New Hall. A further key viewpoint, which has not been considered, is from the grounds of Chirk Castle from the driveway on the approach from New Hall. The development will be prominent in this location from within the Clwydian Range and Dee Valley AONB, the Buffer Zone and the Poncysyllte Aqueduct and Canal World Heritage Site and the Grade 1 registered Historic Park and Garden of Chirk Castle.

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The conclusions presented within the submitted Landscape and Visual assessment are that ‘several of the existing structures on the site are considerably taller than the proposed development would be, and as such would remain more visually prominent …In this context the proposed development would both visually and in respect of its influence upon the surrounding landscape character, always be experienced as part of the industrial development at Kronospan.’

Whilst this may have been the case with other more recent smaller developments, in this instance the proposal would see an existing warehouse building increased to a height of almost 27 metres along a length of 150 metres. This increases the mass of the building substantially having greater dominance than other taller structures, comprising mostly stacks and flues and concentrated within one area of the site. The warehouse buildings a present are relatively low lying within the landscape set at the approximate height of the adjoining woodland belt which provides a degree of screening at certain times of the year. The proposed development would not only rise considerably above the tree level but would see industrial operations spread outwards and away from the existing concentration of tall structures thereby detrimentally increasing the visual influence of the industrial operation within the wider landscape and from key views from the AONB and WHS Buffer Zone as well as the setting of the Chirk Castle Estate.

Whilst it is acknowledged that there are existing structures on the site which are of a similar or taller height, these are stacks, chimneys / exhausts which are more slender in appearance and therefore the larger massing of the new building is an entirely different proposal with potential for a more sizeable wider impact.

The potential visual impact of this building is recognised by a number of key consultees, particularly CADW, Canal and River Trust, The Joint Advisory Committee of the AONB and the Pontcysyllte World Heritage Site, Landscape, Planning and Conservation Delivery Group, all of whom have objected to this proposal.

Noise:: A noise assessment accompanied the application to establish the potential noise impact on existing residential properties resultant from the operation of the proposed development. The following noise sources are considered: • Removal of existing building • Construction of the building extension • Operation of overhead cranes to transport material.

Noise from the Proposed Site: The impact of activity noise at the nearest residential properties around the site has been assessed following detailed prediction calculations and consideration of appropriate and relevant standards and EHO agreed limits it has been concluded that noise levels from the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 operation of the proposed development during daytime and night time periods are between 11 dB and 24 dB LA90.

The lowest background levels for comparison are shown to vary between 40 dB and 52 dB LA90. The results indicate that the site generated noise is at least 26 dB below existing residential sound levels at recepors and at least 22 dB below background sound levels. The results meet the requirements of the Local Authority’s Public Protection officer in terms of not increasing existing residential noise levels from the Kronospan site and therefore there would not be any cumulative increase in noise experienced at any of the representative assessment policies.

Conclusion: Whilst incremental extensions of the existing factory building have previously been allowed within the industrial landscape of the site, the proposed siting, massing and scale of the current proposal would have a significant visual impact beyond the site boundaries. The additional impact this would have on the character of the surrounding area justifies my recommendation to refuse this application.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The proposed development, by virtue of its scale, height, massing and siting would have a detrimental impact upon the wider visual amenity of the area. This would have an adverse impact upon the character and setting of the World Heritage Site and nearby AONB. It would also have a detrimental impact upon Chirk Castle, particularly the setting of the Registered Park and Garden. To allow the development would be contrary to National Planning Policy TAN 6 and 12 and Policy GDP1 of the adopted Unitary Development Plan.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0336 KRONOSPAN LTD HOLYHEAD 07/04/2016 ROAD CHIRK WREXHAM LL14 5NT COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: KH EXTENSION TO HOUSE A NEW MELAMINE FACING (MF) PRESS, WARD: FOLLOWING THE DEMOLITION / AGENT NAME: Chirk South RELOCATION OF THE EXISTING MF AXIS PED LTD DEPARTMENT'S VENTILATION MR MIKE HALSALL SYSTEM, HYDRAULIC OIL AND DIESEL STORAGE TANKS, A VEHICLE FILLING STATION, GARAGE SERVICE BUILDING AND OTHER ASSOCIATED INFRASTRUCTURE

APPLICANT(S) NAME: MR KEITH BAKER KRONOSPAN LTD

______P/2016/0336 The above application was presented to the 25th July 2016 Planning Committee and deferred for the following reason:-

That further consideration of the application be DEFERRED until levels of odour, dust and noise emissions from the site decreased.

Since the application was Deferred, additional air quality monitoring has commenced and the other concerns raised regarding odour, dust and noise emissions are currently being addressed by the Company. However, as previously indicated, these are not planning matters and the site operation is controlled via the Environmental Permit. Local Members also raised concerns relating to site management issues as opposed to material planning considerations.

It should be noted that the principal planning consideration relates to visual impact. In this instance no objections have been received from CADW, Canal and River Trust, Joint Advisory Committee for the AONB or the Pontcysyllte World Heritage Site Landscape, Planning and Conservation Delivery Group. Whilst I appreciate the concerns raised regarding the cumulative impact, the additional impact this scheme has within the wider landscape context of the site is negligible.

There are however, instances where the impact is significant and the preceding item of this agenda demonstrates that where this is the case

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 proposals on this site will be resisted. As far as application P/2016/0534 is concerned, this represents a significantly large development by comparison and as you will note from that report, all the consultees in that case raised objections to the application. This is not the situation with regards to this proposal.

The Council are duty bound to determine this application and in this case, there are no planning reasons to justify a deferment. Should the applicant appeal on the grounds of Non-Determination then this could result in an award of costs against the Authority.

I would therefore request you re-consider your position with regards to this application and my original report is reproduced below together with the Addendum Report.

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THE SITE

Position of development on site

The Kronospan site is located on land adjacent to Holyhead Road, Chirk and covers approximately 40 hectares. The site comprises a number of large industrial process buildings, warehouse buildings, air emission stacks and storage areas for raw materials. The majority of the northern half of the site is used for the storage of timber logs delivered to the site by HGV or rail, recycled wood for use in the manufacturing process and chipped wood. The western perimeter of Kronospan is formed by the Shrewsbury to Chester railway with the Llangollen Canal (World Heritage Site) located to the west of the railway line. The eastern perimeter of the site is formed by Holyhead Road (B5070) with the main residential area of Chirk located east of Holyhead Road. Chirk Town Centre is approximately 500m to the south-east of the site.

PROPOSAL

Extension to house a new melamine facing (MF) press following the demolition/ relocation of the existing MF Department’s ventilation system, hydraulic oil and diesel storage tanks, a vehicle filling station, garage service building and other associated infrastructure.

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HISTORY (most recent)

P/2016/0219 Construction and operation of a recycled fibre (RCF) reception facility, grading plant, storage silos and other associated infrastructure. Granted 3 May 2016. P/2015/0728 Erection of building to contain 3 gas engines and 3 steam boilers, erection of electrical substation building oil tank compound, a duct from the press abatement system to carry process emissions to the Seka (Wesp) stack and associated infrastructure to support existing production operations. Granted 4 January 2016. P/2014/0215 2.5m diameter by 7m high extension to existing 15m high abatement stack. Granted 2 June 2014. P/2013/0824 Development of biomass plant comprising biomass boiler and furnace ash, handling facility and flue, gas treatment facility including stack and air pollution control, reagent storage silos, recycled wood fibre offloading and screening facility, biomass storage area and associated infrastructure. Substitution of Planning Permission Application No P/2012/0165. Granted 7 May 2014. P/2012/0165 Development of a biomass plant, recycled wood fibre (RCF) offloading and screening facility and associated infrastructure to support existing production operations. Granted 14 September 2012.

DEVELOPMENT PLAN

Within settlement limit for Chirk, UDP policies PS1, PS2, GDP1, EC5 and EC7 refer.

Consideration is also required of the following documents:-

• Planning Policy Wales (Edition 8 January 2016) and TAN 12 Design (2014) • Pontcysyllte Aqueduct and Canal World Heritage Site, Local Planning Guidance Note No 33 (adopted June 2012).

CONSULTATIONS

Community Council: The application should take regard to the large building proposed and its visual impact, with ventilation system reaching 25m in height. The ventilation system should be fitted with state of the art filtration to prevent additional air pollution. Proximity of the relocated structures, oil and diesel storage tanks and vehicle filling station should not be close to other flammable substances.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Local Member: Notified 12.04.16 Adjoining Local Member: Notified 12.04.16 Public Protection: Conditions required regarding noise generation, hours of construction and notes to applicants. Highways: No recommendations. Welsh Water: Consulted 12.04.16 Natural Resources Wales: Conditions required regarding contamination and pollution prevention to the water environment. Environmental Permit should be varied to include the changes proposed by the application. Joint Committee of AONB: The industrial areas are clearly within the setting of the protected landscape and impact on views from and of the AONB. Whilst large in scale it will be seen in the context of the much larger Kronospan complex and impact on the AONB will not be substantially greater. Long term landscape strategy should be developed to mitigate impact. CADW and Canal River Trust: Both are aware of the proposals through the Pontcysyllte World Heritage Site, Landscape, Planning and Conservation Delivery Group. Generally considered it would not have a significant impact upon character or visitor experience. A Condition requiring a landscape strategy to mitigate the cumulative effects of recent proposals is recommended. HSE Do not advise against. Other Representations: Two letters of objection on basis of dust emissions and air monitors required to ascertain amount of obnoxious chemicals in the air and associated health hazards. Questions why Kronospan can pollute the atmosphere, extent of traffic and filth residents have to put up with on a daily basis. Wrexham Council should stand up to the company. 11 Site Notices: Expired 02.06.16

PROPOSAL

The proposed development comprises:-

• the demolition/relocation of hydraulic oil and diesel storage tanks, a vehicle filling station, garage service building and other associated infrastructure;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

• the extension of a building to house a new melamine facing (MF) press; and • the relocation of the existing MF Department’s ventilation system to the roof of the new MF press building.

The proposed extension is required to accommodate the expansion of the existing melamine facing Department and to enable an additional MF press to be installed. The extension will be 318m in length, 29m in width, 8.5m in height to the eaves and 11.5m to the ridge. The ventilation system which will be installed to the roof of the extension will be 13.5m in height making the maximum height of building and ventilation system 25m above ground level.

ENVIRONMENTAL EFFECTS

Noise: A comprehensive noise assessment accompanies the application and assessment establishes any potential noise impact on existing residential properties resultant from the operation of the proposed development. In terms of noise associated with the extension of the MF building the following noise sources have been considered:- • demolition and removal of a vehicle filling station, garage service building and other associated infrastructure; • construction of a building extension to house a MF press; • operation of the proposed MF press building; • relocation and operation of the existing MF Department’s ventilation system to the roof of the new MF press building. The results indicate that the site generated noise is at least 15dB below the existing residual sound levels at receptors and at least 11dB below background sound levels. The results also show that the noise contribution from the development meets the requirements of the Local Authority’s Public Protection Officer in terms of not increasing existing residual noise levels from the Kronospan site and, therefore, there would not be any cumulative increase in noise experienced at any of the representative assessment positions.

Air Quality: The site permit sets guidance for emissions for prescribed pollutants and emission levels from stacks monitored. Guidance is set by the Welsh Government. No emissions from the ventilation process and no emissions to air.

Concerns have been raised regarding dust emissions. The site permit will continue to control and monitor dust emissions. The implementation of a previous permission for the construction and operation of a recycled fibre reception facility will significantly improve local air quality.

Landscape and Heritage Assets: The proposal has the potential to impact on landscape and heritage assets. Within the location the structure should not appear significantly higher than other structures within the group. The relocation of some existing structures to accommodate the extension will also be seen in the context of existing development.

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In terms of the impact upon the Outstanding Universal Value and setting of the Worlds Heritage Site, the proposed structures will be visible from certain locations within the Buffer Zone, however, as with the previous developments, set against the backdrop of an existing industrial landscape, they will not appear out of character nor will they significantly alter the current visitor experience.

No objections have been raised by CADW, Canal and River Trust, Joint Committee of the AONB or the Pontcysyllte Worlds Heritage Site, Landscape, Planning and Conservation Delivery Group. A condition requiring a long term landscape strategy will assist in mitigating the impact on the wider landscape.

Other representations: Concerns have been expressed regarding the relocation of the vehicle filing station, garage service building and oil and diesel storage and any potential safety issues. Health and Safety legislation will control the location and design of equipment / structures etc.

Conclusion: I am satisfied that the scheme is acceptable. The noise assessment has indicated that site generated noise is at least 15 dB below existing residual sound levels and at least 11 dB below background sound levels. The assessment also indicates that there would be no cumulative increase in noise experienced at any of the representative assessment positions.

With regard to the visual impact, the development seen in the context of the existing substantial structures will not have any significant change in the general visual amenities of the area or impact on the heritage assets.

Addendum Report – 25th July 2016

Pages 42 – 49 CHI P/2016/0336

Kronospan, Holyhead Road, Chirk, Wrexham SPEAKER: FOR – Mr Mike McKenna (Rep Kronospan)

______

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. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 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. Prior to the occupation of any part of the development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to an approved, in writing, by the Local Planning Authority: a) A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. b) A site investigation scheme, based on a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. c) The site investigation results and the detailed risk assessment b) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. d. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved. 6. Prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a ""long- term monitoring and maintenance plan"") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. 7. Within 6 months of the date of this permission a long-term landscape strategy to mitigate the visual impact of the site from public view points shall be submitted to and approved in writing by the Local Planning Authority. The approved strategy shall be implemented within a timescale to be approved as part of the submitted details and maintained thereafter in accordance with a maintenance scheme approved as part of the submitted scheme. 8. If during developments contamination not previously identified is found to be present at the site then no further developments (unless otherwise agreed in writing with the Local Planning Authority shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority, for an amendment to the remediation strategy detailing how this unsuspected contamination shall be deal with.

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. 4. To protect the amenities of the occupiers of nearby properties. 5. Natural Resources Wales considers that the controlled waters at this site are of high environmental sensitivity as the site sits on a Secondary A superficial aquifer and Secondary A bedrock aquifer and the Llangollen canal flows close to the site. The site has been subject to potentially contaminative uses which could present a risk of contamination to controlled waters. 6. To demonstrate that the remediation criteria relating to controlled waters have been met, and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site. 7. To mitigate and reduce the impact of the site on the wider visual amenities of the area. 8. It is difficult for any site investigation to fully characterise a site. It is possible that there may be unidentified areas of contamination at the site resulting from the past industrial uses of the site that could pose a risk to controlled waters if they are not remediated.

NOTE(S) TO APPLICANT

Your attention is drawn to the advice notes contained within Natrual Resources Wales letter dated 9th May 2016.

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The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0358 UNDERGROUND GAS PIPELINE 20/04/2016 RUNNING FOR APPROXIMATELY 3500M SOUTH FROM KINGSMOOR COMMUNITY: PARK SOUTH BRYN LANE CASE OFFICER: Isycoed WREXHAM INDUSTRIAL ESTATE TO KH ABOVE GROUND INSTALLATION ADJACENT TO THE MAELOR GAS WARD: WORKS OFF THE B5130 AGENT NAME: Holt CONNECTING TO THE GAS SAVILLS (UK) LTD NATIONAL TRANSMISSION SYTEM MR ROBERT ASQUITH APPROXIMATELY 175M SOUTH EAST OF THE ABOVE GROUND INSTALLATION WREXHAM LL13 9UT

DESCRIPTION: OUTLINE PLANNING APPLICATION FOR THE INSTALLATION OF AN UNDERGROUND GAS PIPELINE OF UP TO 400MM NOMINAL BORE SET AT LEAST 1.1M BELOW GROUND LEVEL AND EXTENDING APPROXIMATELY 3500M FROM THE VICINITY OF THE MAELOR GAS WORKS (NGR E338373 N348071) TO WREXHAM INDUSTRIAL ESTATE (NGR E339163 N350304). THE ERECTION OF AN ABOVE GROUND INSTALLATION MEASURING 46M BY 47M ON LAND IMMEDIATELY ADJACENT TO THE EXISTING MAELOR GAS WORKS. INSTALLATION OF SURFACE MARKERS AND MARKER POSTS TO IDENTIFY THE LOCATION OF THE GAS PIPELINE. USE OF THE EXISTING MAELOR GAS WORKS ACCESS ROAD INCLUDING ITS JUNCTION WITH B5130 (NGR E338371 N347543)

APPLICANT(S) NAME: WREXHAM POWER LTD

______

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

THE SITE

Underground gas pipeline of up to 400mm nominal bore set running for approximately 3500m south from Kingsmoor Park South, Bryn Lane, Wrexham Industrial Estate to above ground installation adjacent the Maelor Gas Works off the B5130 connecting to the Gas National Transmission system approximately 75m south-east of the above ground installation.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

Approximate route of pipeline

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

PROPOSAL/BACKGROUND

Outline application for the installation of an underground gas pipeline of up to 400mm at least 1.1m below ground level and extending approximately 3500m from the vicinity of the Maelor Gas Works to Wrexham Industrial Estate. The scheme also includes the erection of an above ground installation measuring 46m x 47m on land immediately adjacent to the existing Maelor Gas Works, installation of surface markers and marker posts to identify the location of the gas pipeline and the use of the existing Maelor Gas Works and the access road including the junction with the B5130.

The gas connection is required in order to support a proposed combined cycle gas turbine power station together with infrastructure and a connection to the national grid transmission system. The power station is classified as a Nationally Significant Infrastructure Project and a Development Consent Order (DCO) is required from the Secretary of State for its construction and operation.

In Wales, associated development cannot generally be included in a DCO and hence the gas connection requires a separate planning application to the Local Planning Authority.

An electrical connection to the local distribution network currently operated by SP Energy (SPEN) will also be required to support the power station complex site. The route to be consented by SPEN which I understand will be underground.

This application considers only the proposed gas pipeline and is supported by an Environmental Statement.

HISTORY

None.

DEVELOPMENT PLAN

European, National, Regional and Local Planning Policy

Extensive Policy Framework

European Union Directives

- Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. - Council Directive 2008/50/EC of 21 May 2008 on ambient air quality and cleaner air Europe.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

- Council Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds. - Council Directive 2010/75/EU of 24 November 2010 on industrial emissions (integrated pollution prevention and control).

UK Energy Policy

National Policy Statement (NPS)

- NPS EN1 – Overarching National Policy Statement for Energy - NPS EN2 – National Policy Statement for Fossil Fuel Electricity Generating Infrastructure - NPS EN4 – National Policy Statement for Gas Supply Infrastructure and Gas and Oil Pipelines

Gas Generation Strategy – December 2012

National Planning Policy

- Planning Policy Wales (Edition 8, January 2016) PPW

Technical Advice Notes 11 (November 1997), 5 (Nature Conservation and Planning 2009), 6 (Planning for Rural Communities 2010), 10 (Design 2014), 15 (Development and Flood Risk 2004), TAN 18 (Transport 2007), TAN 21 (Waste 2014) and TAN 23 (Economic Development 2014)

Local Planning Guidance - PS1, PS2, PS3, GDP1, EC4, EC5 of the Wrexham UDP refer.

CONSULTATIONS

Community Council: Sesswick Community Council oppose this application and have made the following comments:- - the power station, gas pipeline and transmission of the power generated from Bryn Lane are all of paramount significance and need to be decided together as one single application decided concurrently by public enquiry. One element by itself cannot be viewed in isolation and on different timelines as they are all integral to the proposition; - the promise that additional electricity generation is needed on the Wrexham Industrial Estate is highly suspect. Energy issues were never stated as a limiting factor when HMP Berwyn was

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being considered. North East Wales is already a major power exporter and electricity can easily be imported from existing generation sites better suited to the purpose should it be required; - the proposed location is flawed. It would be far more appropriate to position such a development either on the site of a decommissioning power station or to allow existing units to expand, to readily tap into the in- situ infrastructure and expertise. Furthermore, the local communities there would be accustomed to such industries; - society needs to move away from fossil fuels and the associated harmful CO2 emissions to more environmentally- friendly and sustainable alternatives. A gas- fired power station would represent a retrograde step; - Scottish Power flagged concerns in the previous application two years ago regarding the capacity of its own 132kV system to take the 299MW of export, without the need to increase the cable and pylon sizes to accommodate this. These matters have not been satisfactorily addressed in this new submission. The possibility of pylons being erected is particularly unpopular and needs to be resolved at this initial stage of the process. It cannot be deferred or glossed over for future contemplation; - for such a major construction project, the application is insufficiently detailed to permit. The stack heights are estimates, landscaping and the build finish is not discussed meaningfully and the dimensions are merely indicative. Furthermore, concerns remain over security and whether the proposed noise and emissions abatement strategies would be adequate; - it appears there will be two pipelines connecting the site to the Maelor Gas Works. This suggests the desire for expansion, intentions which should be

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declared now. In themselves, the large dimensions of the proposed gas pipelines are disproportionate to the size of the power station as presented; - such a development in close proximity to a primary school and houses is undesirable; - several businesses on the Wrexham Industrial Estate operate in the food and tertiary industries and require unpolluted conditions. They would not benefit from additional carbon dioxide emissions in the neighbourhood. Such businesses may well re-locate as a result and new companies may be deterred from coming here; - the allure of high- quality local work at the power station is arguably overstated and would not outweigh the many negative effects of the scheme. The construction jobs would be transitory and the definition of “local” in the context of the prison is a 60 minute commute, so the employment benefits to Wrexham of this scheme remain dubious; - the laying of the pipeline would cause considerable disruption to the farmers impacted, who need access to the fields and whose cattle may become distressed by the noise levels from construction; - fears are not allayed over the safety of the pipeline, given the toxic and inflammable nature of the product traversing through this area of agriculturally- important greenbelt. Evidence must be provided in terms of how leakages will be monitored and prevented so no emissions whatsoever find their way into the environment and food chain. Local Member: Consulted 27.04.16 Public Protection: Conditions required regarding potential contamination. Highways: Vehicle movements minimal and unlikely to have any detrimental effect on the highway. Access at Bryn Lane and Maelor Gasworks can easily accommodate existing movements. Traffic warning signs will be required at this

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access with limited visibility in south-westerly direction. Field access points at Oak Road. Condition required to determine types of vehicle, parking and turning and improvements to access. Warning signs will be required at access. Health and Safety Executive: Do not advise against. Rights of Way Officer: The proposed development will affect Isycoed public footpath 18 and Sesswick public footpath 25. These will require temporary traffic regulation orders whilst the works affecting the paths are in progress and if possible an alternative route for the duration of the works. Clwyd Powys Archaeological Trust: Pre-determination Archaeological Evaluation requested. Flood Officer: Level 2 FCA and drainage strategy details the overall flood risk to the scheme at the crossing point of the designated ‘main’ River Clywedog. The submitted documentation states the crossing will be done using underground boring techniques, with minimal flood risk implications and any consenting requirements for this element of the work should be in consultation with Natural Resources Wales. Construction phase surface water management plan detailing how this potential increase in surface water flood risk will be managed. Wales and West Utilities: No objection. Natural Resources Wales: Consulted. Other Representations: Twenty five representations on the following grounds:- - disruption of farming and destroying green belt; - gas pipe too large; - no need for power station; - archaeological surveys not submitted; - area a haven for newts; - public rights of way affected; - constraints should be researched prior to application; - school close to pipeline, risk of explosion; - risk of gas leak, risk of terrorist attack; - damage to health living/working so close to power station;

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- damage to natural environment, damage to local farming; - increased air pollution/noise/emissions; - negative consequences for schools/popularity/desirability; - excess of supply over demand for electricals; - interaction between gas pipeline and a consented Pickhill solar PV array; - will pipeline carry odorised gas, pressure of pipeline, diameter of pipe, maximum flaw rates, expected flaw rates; - is pipeline going to carry natural gas in a gaseous form or liquefied natural gas, what is the purpose of the AGI, permanent security at the proposed installation and if gas not odorised what early warning systems are there for Is y Coed if a leakage and is money set aside for a disaster fund, level of public liability insurance do Wrexham Power Limited and their subcontractors have; - NPL should provide us with a method statement and risk assessment. These should be readily available; - pipeline runs within 175m of housing in Is y Coed and 275m from the school – local primary; - if pipeline fails of fractures or a leak large volume of gas would escape; - various sources of ignition of gas; - power station could be selected to the Maelor works with no need for the pipeline; - why can’t the pipe be routed down Bryn Lane; - suspect a similar project could be on adjoining land; - why can’t Wrexham Power take their gas sources from the pipeline that feeds Kelloggs; - what is to stop the pipeline being struck by farming activities once the land is reinstated; - Wrexham Power Limited may wish to apply to create powers over the land to stop interference; - devalue properties;

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- near to village hall; - loss of oak trees and wildlife; - toxic and inflammable nature of the product; - fossil fuels are a thing of the past; - two gas pipelines and above ground installation at the Maelor Gasworks suggests further expansion; - impact on the surrounding environment; - the fields are not part of the Wrexham Industrial Estate; - increase in large vehicles and increase in movements; - effect on drainage and flooding; - business may choose to relocate from the industrial estate. Site Notices: 18 site notices expired 02.06.2016. SPECIAL CONSIDERATIONS/ISSUES

PROPOSED GAS CONNECTION

The gas connection is approximately 3.5km in length largely crossing generally level areas of agricultural land which is predominantly pasture and hedgerows with pockets of woodland and a number of ponds. The Gas Connection Route has been aligned to avoid properties, ponds, woodland and isolated trees where possible. The pipeline will be underground and connected to the existing high pressure Gas National Transmission System (NTS) south-east of the Maelor Gas Works.

From the connection with the NTS, the gas pipeline crosses a field and the Maelor Gas Works Access Road before entering the Above Ground Installation (AGI) (the gas connection). The AGI site is adjacent to the existing Maelor Gas Works. The eastern boundary is formed by the minor road to the gas works. To the east of the road is an agricultural field with scattered mature trees, through which the gas line will run to connect to the AGI. On leaving the AGI, the gas pipeline heads east, passing under the Maelor Gas Works Access Road into a field before heading north to a track to the north of Parkey Lodge Lane which is also a footpath, with the pipeline continuing north-east crossing fields towards the River Clywedog.

The pipeline will cross underneath the River Clywedog and Oak Road. After crossing Oak Road the pipeline runs north through fields to the east of Wrexham Industrial Estate, crossing field boundaries and a public right of way, before turning west and entering the proposed Power Station Complex Site.

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CONSTRUCTION TRAFFIC

The gas connection will need to be accessed at 3 locations to cover the northern section, near the proposed power station complex, the section around Oak Road and the section south of the River Clywedog. Construction traffic delivering materials to the northern section of the gas connection route would come off the A534 onto the new northern Industrial Estate Road and onto Bryn lane before using the Kingsmoor Park Access Road. Equipment and materials would be stored at the proposed power station complex site and transported along the gas connection site itself. The southern section of the gas connection site would be accessed using the new Industrial Estate Road (N) and Bryn Lane, onto Oak Road, Bridge Road, the new southern Industrial Estate Road and onto the A525 and the turning onto the B5130 and access to the Maelor Gas Works site. Access to Oak Road would be from the north along Bryn Lane where the gas pipeline is passing underneath Oak Road, vehicles may need to access the fields directly from Oak Road.

To reduce impact on the adjoining roads it is deemed appropriate to restrict the arrival of materials at peak times. It is anticipated the working day will be between 07.00 – 19.00 hours Monday to Friday and 07.00 to 13.00 hours on Saturdays. The proposed opening times will also allow staff to stagger their start and finish time, which will reduce the impact on traditional peak times.

A condition will require a Construction Traffic Management Plan to provide a framework for the implementation of construction activities. This would include the working hours and temporary signage at temporary access points.

CONSTRUCTION STAFF MOVEMENTS

The predicted staff trip generation based on previous vehicle occupancy assumptions during construction phases. The peak number of staff working on site per day is likely to be 20 per day, movements of 10 arrivals and 10 departures and per hour 2 arrivals and 2 departures. Construction traffic associated with the gas connection anticipated to be approximately 10 HGV’s deliveries and up to 10 light vehicle arrivals and departures per day. A maximum increase of 20 HGV and 20 light vehicle movements per day is estimated to occur during a 2 week period at the start and end of the construction period. The effect of traffic will have a neutral impact given local construction traffic volumes.

NOISE AND VIBRATION

A study area of 1km from the edge of the Gas Connection Route has been identified for the submitted noise assessment. The nearest Noise Sensitive Receptors were identified, all residential properties with the exception of St Paul’s Primary School. Wrexham Council’s Environmental Health Officers were

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 consulted on the proposed methodology for assessing the potential noise impacts.

The construction of the gas connection is expected to take approximately 40 weeks to complete. It is likely that all construction activities will be undertaken during week days between 07.00 and 19.00 hours and between 07.00 and 13.00 hours on Saturdays and Public Holidays.

The assessment of the likely significant environmental effects of construction noise in relation to the gas connection shows that in general the effects would be ‘negligible’. BPM should be employed throughout the construction phase. The CEMP to be submitted will be specific in terms of mitigation.

AIR QUALITY

The main air pollutant to the assessment of the Gas Connection and Above Ground Installation would be dust with minor emissions of NOx and PM10 from construction and maintenance vehicle exhausts.

Construction of the Gas Connection Route, 3400m approximately in length, and will generally comprise cut and cover operations with directional drilling where the pipeline crosses beneath Oak Road and the River Clywedog. Excavators and other plant will use the haul road that will be put in place within the Gas Connection Route. The effects of dust raising activities has been carried out in the context of receptor sensitivity and distance from source and prevailing meteorological conditions. A number of sensitive receptors were identified. Most residential/sensitive receptors are located over 100m from the boundary of the gas connection route (the distance over which most particulate material will settle). The only receptor identified within this distance is Parkey Lodge, 60m from the Gas Connection Route but with appropriate mitigation incorporated within a required CEMP and the application of these measures across all construction work will ensure that the generation and dispersion of dust during the construction phase is kept to an absolute minimum, in particular due to the proximity of the route to sensitive human receptors and ecological sites.

The effect of construction traffic emissions on air quality was determined to be neutral hence there is no impact.

There will be no direct and negligible indirect emissions to air from the operation (including maintenance of the gas connection).

ECOLOGY

NPL has identified features of ecological interest within a defined study area in relation to the gas connection including wildlife habitats and species. These ecological features have been identified from a desk study “Extended Phase 1 habitat surveys and further detailed protected species surveys (great crested

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 newt, bats, other, water vole and silver water beetle). The assessment evaluates the nature conservation value of the ecological features identified within the study area and the likely significant effects of the scheme following mitigation. Consideration of International and National Legislation and Local Polices have been taken into account during the assessment.

The methodology adopted with the E14 has been agreed by Natural Resources Wales and Wrexham County Borough Council during consultation meetings.

The gas connection route has been aligned to avoid ponds, woodland blocks and isolated trees. The width of the gas connection route will be generally 30m and has allowed for the provision of temporary work areas. The areas will provide additional space for enabling works where the 30m width of the route cannot fit between existing trees which have been identified as supporting bat roost potential, thereby allowing the gas connection to be routed through narrow gaps in the trees wherever possible, this will ensure a minimum buffer zone of 10m between trees with bat roost potential to avoid potential adverse effects on the bat population which has been agreed with Natural Resources Wales and Wrexham County Borough Council.

The gas connection will be routed under the River Clywedog, via direct drilling to avoid direct impact on the surface water environment of the river and its bankside habitat.

Construction of the gas connection will result in the severance of existing habitat corridors such as hedgerows connecting non statutory designated sites and areas of ancient woodland. NPL will seek to avoid loss of hedgerow during construction where possible. The liner-construction zone, with a width of 40m, may also present a significant barrier to dispersal of notable species between the non-statutory designated sites and ancient woodland.

Inherent mitigation incorporated into the landscape design of the scheme, including the replanting of hedgerows lost during site clearance, will ensure that any adverse effect is temporary (all hedgerows temporarily lost to construction will be replanted) and the structure and function of the habitat corridors to support species dispersal reinstated.

GREAT CRESTED NEWTS AND OTHER SPECIES

There are no ponds within the Gas Connection route, however construction activities within the route, in particular preliminary site clearance, present a risk of disturbing, injuring or killing individual great crested newts. The construction of the gas connection presents a risk of construction dust impacts and great crested newt ponds within 50m could be impacted upon. A licence issued by Natural Resources Wales will be required to implement a mitigation strategy which will be in effect for the duration of the construction works.

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Mitigation will also ensure that otters, nesting birds, reptiles and badgers are safeguarded.

HEALTH AND SAFETY

Concerns and objections have been raised by residents regarding safety and security of the pipeline and its relationship with nearby residential properties and a local school.

The Health and Safety Executive has responded to the planning application and does not advise on safety grounds, against the granting of planning permission.

Underground pipes of this nature are common items of infrastructure. National Grids National Transmission System (NTS) which is the high pressure part of National Grids pipeline network, consisting of more than 7600km of high quality welded steel pipeline across the UK. Connection of the NTS are made at numerous locations at AGI’s at which the pressure is reduced and the gas is distributed to millions of customers throughout the UK by underground pipes. The AGI at Maelor Gas Works is connected to the NTS. All densely developed urban areas contain such gas infrastructure in very close proximity to a wide variety of land use including housing, hospitals, schools, agricultural land and public open space. There are many safety measures incorporated in the design and operation of gas infrastructure. Regular inspection of the pipeline will be undertaken using pipeline inspection gauges, essentially remotely operated units that inspect the pipeline from within.

A wide range of additional licenses and permits will be required from the Health and Safety Executive, National Resources Wales and Wrexham County Borough Council to build and operate the gas connection.

CONCLUSION

I have carefully considered the proposal and the objections to the scheme. Extensive consultation has taken place and I am satisfied the proposal is acceptable. Subject to relevant planning conditions the proposal will not significantly increase movements on the highway and designated routes for construction vehicles and access points to the construction site agreed. With regard to nearby residential amenity, hours of work are conditioned and a CEMP will control the parking and turning of vehicles, issues of dust and noise and other measures to ensure the scheme is not detrimental to residential amenity. Various mitigation proposals in the documentation will ensure that ecological interests are not compromised and the water environment protected. A condition will require that archaeological investigation is carried out prior to any site works. With regard to the safety elements, I am conscious the Health and Safety Executive are satisfied the scheme is acceptable and that all densely developed urban areas contain such gas infrastructure in close proximity to a wide variety of land uses. A wide range of permits and licences

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 will be required. Safety measures are incorporated into the decision and operation of gas infrastructure and regular inspection of the pipeline will be undertaken.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are 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. Construction work for the authorised development must not take place outside the hours of :- a) 07.00 to 19.00 on Monday to Friday b) 07.00 to 13.00 Saturdays and Bank Holidays unless otherwise agreed in writing with the Local Planning Authority. 5. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. 6. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 3 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority.

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7. No part of the development shall commence until a Construction Environmental Management Plan has been submitted to and approved, in writing, by the Local Planning Authority and the plan as is approved is fully implemented. 8. (1) No authorised development may commence until a written scheme setting out the methodology for a watching brief over areas of archaeological interest has been submitted to and approved by the relevant planning authority. (2) The scheme must provide for:- (a) the carrying out of a geophysical survey of greenfield areas within the Order land; (b) a targeted archaeological investigation of any anomalies that may be identified by the geophysical surveys; (c) the identification of areas where a watching brief is required; and (d) the measures to be taken to protect, record or preserve any significant archaeological remains that may be found. (3) Any watching brief carried out under the scheme must be by a suitably qualified person or body. (4) Any watching brief must be carried out in accordance with the approved scheme. (5) The undertaker may submit for approval by the relevant planning authority a scheme for each of numbered work 1, numbered work 2, numbered work 3, numbered work 4 and numbered work 5 individually, and, in such a case, only those parts of the authorised development forming the numbered work the subject of the scheme may be commenced following the approval of such a scheme. 9. Prior to the commencement of works on site, a construction phase surface water management plan should be submitted to and approved by the Local Planning Authority. The Plan should clearly identify the potential risks associated with surface water flooding during construction and propose appropriate mitigation to ensure the risk will be managed. Works shall be carried out in accordance with the details as approved unless otherwise agree in writing with the Local Planning Authority. 10. No part of the development should commence until bat roost assessments have been carried out by a qualified ecologist on all trees within or adjacent to the proposed route. The assessment should be submitted to the Local Planning Authority for approval before works commence. 11. No part of the development including any vegetation clearance should commence until the Local Planning Authority has seen detailed plans on the exact location of the work and exact lengths of hedgerow and trees proposed for removal. The applicant must consider the use of directional drilling to maintain habitat connectivity in some locations and reduce the impact of habitat severance for great crested newt. 12. No part of the development should commence until a detailed scheme of great crested newt mitigation has been submitted and agreed with the Local Planning Authority. The details should include timescales for works and measures to reduce the long term impact of short term habitat severance.

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13. No part of the development should commence until a short-term Ecological Management Plan and Ecological Method Statement, have been 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 short-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.

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 protect the amenities of the occupiers of nearby properties. 5. In the interests of the amenities of the future occupants of the buildings 6. In the interests of the amenities of the future occupants of the buildings 7. In the interests of pedestrian and vehicular safety and nearby residential amenity. 8. The site is thought to contain archaeological remains and it is considered desirable that a full evaluation of their importance should be undertaken before development commences. 9. To minimise the risk of surface water flooding. 10. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 11. To protect species / habitats that would otherwise be damaged / lost. 12. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 13. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted.

NOTE(S) TO APPLICANT

Further advice on compliance with 03 may be obtained by contacting the Council's Enviornmental Protection Team on 01978 298989 or [email protected]. Should the investigation identify contamination issues that may affect receptors other than the site users, eg groundwork, then it is recommended that these works are also addressed in consultation with the Council's Environmental Protection Team prior to commencement of works on site.

The proposed development will affect Isycoed public footpath 18 and Sesswick public foopath 25. These paths will require temporary traffic orders whilst the works affecting the paths are in progress and, if possible, an alternative route for the duration of the works.

If the paths above need to remain closed beyond the duration of the initial

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 orders (6 months is the maximum duration for a temporary traffic regulation order affecting a footpath) the applicant will need to inform Wrexham County Borough Council allowing reasonable time for the Council to apply to the Welsh Minister for an extension to be ordered.

Your attention is drawn to the advisory notes/plans from Wales and West Utilities. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0359 PEN Y PALMANT FARM OLD ROAD 15/04/2016 MINERA WREXHAM LL11 3YR COMMUNITY: CASE OFFICER: Minera DESCRIPTION: KH FORMATION OF FIELD ACCESS TRACK / TURNING AREA WARD: AGENT NAME: Minera APPLICANT(S) NAME: HASTON REYNOLDS PN & JA TOMLINSON LTD MR DAVID HASTON

______P/2016/0359 THE SITE

Tomlinson’s Dairies, Pen-y-Palmant is located off the North-East side of the B5430 Old Road, Minera. Vehicular access to the Dairy is gained directly off the B5430 Old Road. Residential properties are to the North East of the site.

Application site

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PROPOSAL

Retention of a short length of track, to facilitate access by tractors and other agricultural machinery and equipment, into the adjoining field to the South East of the existing buildings.

HISTORY (Most recent and relevant)

P/2007/1323 Formation of temporary car park. Temporary Permission Granted 07.01.2008 P/2010/0074 Construction of temporary use for car parking. Granted 25.03.2010 P/2012/0255 Retention of vehicle parking. Granted 22.05.2012 P/2013/0634 Retention of vehicle parking area. Application refused and subsequently dismissed on Appeal 11.03.2015

DEVELOPMENT PLAN

Located within open countryside and in a Green Barrier. Policies PS1, PS2, GDP1, EC1 and EC4 of the Wrexham UDP refer. No policy objections.

CONSULTATIONS

Community Council: Consulted 19.04.2016. Local Member: Notified 19.04.2016. Highways: No objections with the proposal improving manoeuvrability for all vehicles within the site. Neighbours: In principle no objection to using the entrance for turning but should not be used for parking. Questions why turning area is screened and that the area will be used for parking behind the screen. Site Notice: Expired 24.05.2016.

SPECIAL ISSUES AND CONSIDERATIONS

Background: Tomlinson’s Dairies was founded in 1983 from Pen-y-Palmant with milk originally produced in a farm building, but with expansion of the dairy, a purpose built dairy was built on the site adjacent to the farm in 1996. Milk processing has subsequently shifted to the main new dairy at Five Crosses Industrial Estate, operational in 2012. The bottling of milk in glass still continues at the Pen- y-Palmant site, with processed milk transported daily via HGVs from the Five Crosses site.

Planning permission for a parking area within the field to the South of Pen-y- Palmant Farm Dairy, initially on a temporary basis, was granted in 2008, to accommodate staff cars and delivery vehicles pending the construction of the new main dairy at Five Crosses Industrial Estate. Subsequent renewals of temporary permission were required to complete works at the new dairy. A

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 permanent permission to use part of the field for parking was dismissed on Appeal to the Planning Inspectorate. This was subsequently unsuccessfully challenged in the High Court Challenge.

The vast majority of parking has been removed, with a strip of 3.5m x 23m currently remaining.

Justification / Need for Development: As referred to above the vast majority of parking has been removed from the field and a strip of 3.5 x 23m remains, projecting into the field. The proposal would remove 15m x 3.5m leaving a length of 8m x 3.5m within the field and provision of a field gate at the Southern end of the field to enable the turning of goods vehicles within the site and providing access into the field for tractors and other agricultural machinery.

Parking for all of the cars, LGVs and HGVs associated with the glass bottling operation and distribution of milk from the Pen-y-Palmant Dairy takes place within the established curtilage of the Dairy. Typically this would include around 20 staff vehicles, visitor vehicles, 12 delivery goods vehicles and the large bulk milk tanker. With the loss of the temporary parking area, the site has become extremely congested at peak periods and staff and visitors cars have now had to resume parking close to the entrance. As a result the manoeuvring of goods vehicles has become difficult and potentially dangerous to staff and visitors.

Congestion would not be reduced but the retention of a short 8m length of the track to the field would facilitate the safe manoeuvring of goods vehicles and reduce the need for reversing towards and into the site entrance or onto the public highway. All goods vehicles should be able to emerge from the site onto the public highway in a forward direction.

The proposal would, by improving manoeuvrability within the site, have obvious highway safety benefits. Highways have no objections to the proposal.

Visual Impact: The track is already well screened from the B5430 and residential properties adjacent to the access to the site. Additional landscaping is also proposed as detailed on the submitted Landscape Proposals plan. The proposed landscaping will further restrict views of the track and restricted views of the building through the gap.

I am satisfied that the proposed extensive landscaping will mitigate any potential adverse impact from the retention and use of the track.

Conclusion: I am satisfied that the works are acceptable and will improve highway safety issues at the site and with extensive proposed landscaping to complement the existing will ensure any visual impact is minimal.

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RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered H0070-18-A3-PL-03, 1469.01, H0070-18-A3-PL-02 and contained within the application documentation. 3. The planting scheme implemented in connection with condition no. 2 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 4. The existing track to be removed and indicated on Drawing No. H0070- 18-A3-PL-03 shall be completely removed from the site within 6 months from the date of this decision.

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. In the interests of the general visual amenities of the area.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0392 PLAYING FIELD OFF HIGH STREET 21/04/2016 GRESFORD WREXHAM LL12 8PS COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: KH ERECTION OF SEATED SPECTATOR STAND WARD: AGENT NAME: Gresford East & West APPLICANT(S) NAME: BLUEPRINT MR JULIAN DAVIES ARCHITECTURAL GRESFORD ATHLETIC FC SERVICES LTD MR DAFYDD EDWARDS

______

P/2016/0392 THE SITE

Football pitch located off the north-west side of High Street. Residential and commercial properties are located to the south-east and north-east of the site. Other sports facilities are located to the north and north-west including bowls, cricket and facilities for indoor recreation and meeting groups, reading, lectures and entertainment at the Gresford and District War Memorial Club.

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Approximate position of proposed stand

PROPOSAL

Proposed erection of seated spectator stand on the north-east side of the pitch. The bowling green is to be immediate north. Stand capable of accommodating 288 spectators measuring 25.5m long, 2.8m wide and 2.9m to its highest point.

HISTORY (most recent and relevant)

P/2004/0534 Construction of a five a side pitch. Granted 26.06.04 P/2001/0297 Erection of spectator shelter on centre line of senior football pitch (in lieu of stand application previously granted under code 6/21344. Granted 31.05.01

DEVELOPMENT PLAN

Within settlement limit for Gresford / Marford, Policies PS1, PS2 and GDP1 of the Wrexham Unitary Development Plan refers.

CONSULTATIONS

Community Council: Object on the following grounds:-

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• increase in spectators will increase parking problems to the area around the playing field, the church and High Street; • impact of noise on residents in close proximity; • concern regarding height, siting and design which is out of keeping within the area; • proximity of stand to trees in the general area. Local Member: Notified 26.04.16 Public Protection: Consulted 26.04.16 Highways: No recommendations on highway grounds. Assume that majority of spectators/supporters attending matches are likely to be local to village and typically arrive on foot. However, anybody arriving by car can park at a number of locations. Other Representations: Fourteen letters of objection and a letter from Gresford Trust on the following grounds:- - don’t agree that most people will walk to the ground; - use of the car parks in the grounds of Gresford Trust in conjunction with other users will increase parking problems on Clappers Lane; - parking on surrounding streets is already dangerous; - impact on trees and roots on protected lime trees; - building too large and concern additional development will follow. Visually intrusive; - loss of open space; - use of tannoy will increase noise; - stand will not be maintained and the possibility of vandalism and anti-social behaviour if structure is not secured when in use; - will not benefit the local community or local economy; - players and spectators access the pitch by going through the bowling green; - other future developments for other clubs in the vicinity would be compromised by highway problems that exist and exacerbated by the current application; - existing stand is underused and new stand unlikely to be used;

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- football club should relocate; - outside settlement limit; - disrupt the flow of traffic on Clappers Lane with farmers and agricultural businesses operating on weekends and need access without the concerns of congestion; - impact of shutters to secure the stand when not in use. Gresford Trust have made the following comments:- - inaccuracies in plans and documents; - Gresford Trust as landowner agreed to allow Gresford Athletic FC to submit a planning application without prejudice and accepting this did not imply approval of the Trust; - no vehicle parking details on the application form; - supporters come from a wide geographic area and the increase in spectators will prejudice the availability for other functions and clubs in the vicinity; - does not recognise problems on Clappers Lane during some matches with vehicles parked on the B5373 – so that traffic progressing to the B5445 has to travel on the wrong side of the road, meeting vehicles exiting the B5445 at the Splitter Island. Site Notices: Expired (2) 19.05.16

SPECIAL CONSIDERATIONS/ISSUES

Design / Scale: The proposed stand is located to the north-east side of the football pitch with residential and commercial premises to the rear and residential properties to the south-east. The stand would measure 25.5m long, 2.8m wide and 2.9m to its highest point.

Whilst the stand is relatively long, it has limited width and height. Views would be restricted to some extent by the difference in level with the adjoining highway, boundary landscaping and the proximity of the stand to existing buildings. The green cladding will also help assimilate the building. I am satisfied that the scale, design and location will ensure the visual impact is limited.

Highways: I am aware of the concerns from nearby residents and users of the Memorial Hall, Bowling Club, British Legion, Scout Building and other users of

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 the recreation facilities regarding existing parking problems with the parking currently available. Complainants are concerned that increased competition for spaces will exacerbate the problems and many cars will seek alternative parking on adjoining roads, in particular Clappers Lane and the High Street with increased indiscriminate parking adding increased danger to pedestrians and vehicular users. Residents and users of the recreational facilities are concerned that provision of the stand will, by necessity, increase the number of cars, in particular visiting supporters.

I would concur with the view that a number of local supporters following Gresford Football Club will walk or use public transport to get to the ground and I also recognise for particular matches larger crowds will attend. However, I do not consider that the provision of the stand will necessarily mean that attendance figures will increase. As clubs progress through the leagues the relevant governing bodies require improved facilities. Away supporters do not necessarily travel to grounds because of the facilities and I would anticipate with many clubs their supporters would follow the club regardless of the quality of facilities.

Highways have raised no objections to the proposals and whilst I appreciate that additional congestion will occur with certain matches, I do not consider that provision of the stand will significantly add to the existing parking situation.

Noise: The use of the stand may increase noise to some extent. However matches are relatively infrequent and certainly during day time matches with background noise from the busy Chester Road and other activities in the area, noise levels are unlikely to increase significantly. In the evenings, levels of noise and traffic movements are still significant on Chester Road and I do not consider that provision of the stand will significantly alter the existing situation. A tannoy system is proposed and it is likely to add some additional noise. However, given the frequency of matches and duration of the use of the tannoy system, I would not anticipate its use possibly before and at half time and occasional announcements would have a significant impact on nearby amenity.

General: The site is outside the settlement but located in close proximity to the settlement limit in the North East corner of the site. Minimal impact visually, given its location and existing landscaping and existing structures. A modest piece of open space would be lost but it is associated to the general existing recreational facilities, with substantial open space remaining. The stand will be secured when not in use to prevent vandalism, with a mesh screen. The tree officer has been consulted with regarding to nearby trees and an appropriate condition is attached. The tannoy system is existing.

Conclusion:. The stand given its location, design and existing landscaping will not be overly intrusive. The provision of the stand will not necessarily increase noise to any significant levels with matches relatively infrequent and with existing background noise levels. Concerns have also been expressed

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 with increased traffic congestion on the adjoining highway network. As referred to in the main report I do not consider that the provision of the stand will necessarily increase the number of spectators that attend the matches.

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 D081/004, D081/001 Rev A, D081/003 and contained within the application documentation. 3. Notwithstanding the approved drawings, details of the security mesh / anti vandal provisions for the front elevation of the stand shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the stand. Works shall be carried out strictly in accordance with the details as approved and retained thereafter unless otherwise agreed in writing with the Local Planning Authority. 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. Notwithstanding the approved plans and documentation, the finished colour of the stand shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved unless otherwise agreed, in writing, with the Local Planning Authority.

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REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. In the interests of the visual amenities of the area and to prevent anti- social behaviour. 4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

Your attention is drawn to Highway Supplementary Notes Numbered 1, 2, 3, 4 and 5 on the enclosed 'Applicants Rights and General Information'. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0411 LAND OFF QUARRY ROAD AND 26/04/2016 NEW ROAD BRYNTEG WREXHAM LL11 6AB COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: KH ERECTION OF 2 NO. SINGLE- STOREY DWELLINGS WARD: AGENT NAME: New Broughton APPLICANT(S) NAME: MR KEITH MILLER MR J ROBERTSON

______P/2016/0411 THE SITE

Land to the east of Quarry Road. Site is accessed off Quarry Road onto an unadopted road. The site is bounded by residential properties to all sides.

Application site

Site access

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PROPOSAL

Erection of 2 single storey dwellings.

HISTORY

CB02396 Residential development for one dwelling. Granted 12.10.98

DEVELOPMENT PLAN

Within settlement. Policies PS1, PS2 and GDP1 of the Wrexham UDP refer.

CONSULTATIONS

Community Council: Concerned regarding access to and from the site. Local Member: Notified 29.04.16 Public Protection: Condition ZP06 – hours of construction and notes to applicant regarding noise and burning of waste. Highways: The unadopted road is badly potholed and rutted for its entire length from the proposed site access in a westerly direction to its junction with Quarry Road. Highways would not wish to support any further development until surfacing improvements have been made to the unadopted road. Conditions required regarding the access, width, visibility splays, parking provision and improvements to the road surface of New Road from the proposed site access, in a westerly direction to its junction with Quarry Road. Natural Resources Wales: No objections. Welsh Water Conditions required regarding drainage. Other Representations: Four letters of concern/objection on the following grounds:- - hedge retention important; - refuse collection is difficult for vehicles already and bins are collected at the end of the road; - bins were previously left on the development site; - unable to determine the extent of the ownership; - surface of the road leading to the site of Quarry Road is already poor with

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potholes – increased movements will further impact on the surface; - object unless improvement to the road; - increase on water supply which is already poor; - emergency vehicles already struggle to access the road; - need for a turning facility for delivery vehicle; - road should be widened; - hedges should not be removed and replaced with fence; - surface water run off could increase; - noise and dust; - construction vehicles could block the road; - privacy issues; - adequate parking. Site Notices: 3 site notices expired 01/06/16

SPECIAL CONSIDERATIONS/ISSUES

Background/proposal: The application site is an overgrown area to be developed for 2 single storey properties. A previous permission in 1998 granted permission for one dwelling but was never implemented.

The site is bounded by residential properties with access off Quarry Road. The unadopted road is in a poor condition and is in need of significant improvements.

Design: The properties are single storey to reflect the location in relation to existing properties and issues of amenity. Given that the site slopes from west to east the single storey properties will not look incongruous. The properties will be sympathetic to the general streetscene.

Highways: The site is located on an unadopted road within a 30mph speed limit. The site was granted planning permission in 1998 for the erection of one dwelling but this has now lapsed.

The road is very badly potholed and rutted for its entire length from the proposed site access to its junction with Quarry Road to the west. Highways would not wish to support any further development until surfacing improvements have been made to the unadopted road.

Conditions will be imposed to secure splays of 2.4 x 18m as well as details of the access in respect of its width and to ensure it does not impinge on the public rights of way, parking provision and the requirements for improvements to the road surface of the unadopted road.

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Amenity: The site is bounded by residential properties and careful consideration is required of the level of the proposed dwellings and their relationship with existing properties. The design of the properties and the careful location of windows with required boundary screening will ensure the properties are not overbearing or result in loss of privacy.

I have however, requested additional information regarding ground levels to ensure that the new dwellings are not overly dominant in relation to existing dwellings due to existing ground level differences across the site. This matter will be covered in the addendum.

General: Conditions will require boundary treatment details, parking provision, provision of visibility splays and the requirement for improvements to the existing road, whilst problems with refuse collection is not an issue I can address directly, though, an area at the proposed access appears to enable a bin wagon to reverse into the space. I would anticipate two additional properties having any significant impact. Conditions regarding noise and dust will be added to the decision.

Concerns have been expressed that the road should not be obstructed or reduced to prevent emergency vehicles from assessing the areas. The properties have their own parking and should not compound existing problems.

CONCLUSION

I am satisfied that subject to the required road improvements the application from a highway perspective should generally improve highway conditions on the unadopted road. The design is acceptable and from an amenity perspective subject to required finished floor levels the dwellings should not compromise privacy or be overbearing.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 150101, 150102, 150103 and 150104 and contained within the application documentation.

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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 unless the prior written approval of the Local Planning Authority has been obtained. 5. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 6. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 7. The vehicular access hereby approved shall be a minimum width of 4.1 metres. 8. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 18 metres in both directions measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height about the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 9. Notwithstanding the approved plans no part of the development shall commence until further details of the proposed vehicular parking and turning facilities have been submitted to and approved in writing by the Local Planning Authority. The facilities as are approved shall be fully laid out, surfaced and drained prior to first use of the development, and shall thereafter be permanently retained and kept free of any obstruction and made available solely for the parking and turning of vehicles at all times. 10. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: Improvements to the road surface of New Road from the proposed site access in a westerly direction to its junction with Quarry Road. The scheme as is approved shall be fully implemented prior to commencement of development. 11. No land drainage/or surface water shall be allowed to connect directly or indirectly with the public sewerage network. 12. 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 the measures taken to prevent pollution of receiving ground water and/or surface waters;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 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. 13. Notwithstanding the approved plans full details of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved and retained hereafter unless otherwise agreed to in writing with the Local Planning Authority. 14. No part of the development shall commence until full details of the finished floor levels of the proposed two dwellings in relation to the existing dwellings have been submitted to and approved in writing by the Local Planning Authority. Works shall be carried out strictly in accordance with the details as approved. 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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure that the development fully complies with the appropriate policies and standards. 4. To protect the amenities of the occupiers of nearby properties. 5. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 6. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 7. To ensure the formation of a safe and satisfactory access. 8. To ensure that adequate visibility is provided at the proposed point of access to the highway. 9. 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. 10. In the interests of highway safety. 11. 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. 12. To ensure satisfactory drainage of the site and to avoid flooding. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect residential amenity.

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14. In the interests of amenity of nearby properties. 15. To protect the amenities of nearby properties.

NOTE(S) TO APPLICANT

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.

This planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act 1980. It is essential therefore that the detailed proposals are submitted to the Highway Authority and confirmed as acceptable BEFORE development commences. Please contact the Highway Authority on telephone no. 01978 729690 for further guidance.

The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s). 9 and 10 to be formally discharged in writing.

Your attention is drawn to the comments/advisory notes from Welsh Water.

With regard to Condition 13 - details should include the retention of existing hedgerow and provision of fences where no hedging exists.

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

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. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0484 FORMER NAT WEST BANK 43 18/05/2016 MARKET STREET RHOSLLANERCHRUGOG COMMUNITY: WREXHAM CASE OFFICER: Rhos LL14 2LJ PF

DESCRIPTION: WARD: CHANGE OF USE OF FORMER AGENT NAME: Ponciau BANK BUILDING TO 2 NO DEESIDE DWELLINGS ARCHITECTURAL DESIGN APPLICANT(S) NAME: COL PROPERTIES LTD

______

THE SITE

Hatched area – District Shopping Centre – policy S5

Site

PROPOSAL

Planning permission is sought to change the use of the existing bank (A2 use) to 2 x no. two storey dwellings (C3 use) with the provision of communal space to the rear of the building and associated car parking.

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HISTORY

None relevant.

DEVELOPMENT PLAN

The site is located within the Rhosllanerchrugog settlement limit and District Shopping Centre as defined by the Wrexham UDP. Policies PS1, PS2, PS3, PS4, GDP1, H2, S5 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards and 21 – Space Around Dwellings.

CONSULTATIONS

Community Council: Consulted 27.05.2016 Local Member(s): Cllr K. Hughes and P. Pemberton – no concerns at this stage. Site notice: Expired 24.06.2016 Highways: There would be adequate space associated with the development for each property, Public Protection: Amenity nuisance conditions and informatives required. Neighbouring occupiers: 6 neighbouring occupiers notified. 1 representation received raising the following points: • What steps will be taken to alleviate noise and mess? • Workmen have already been on site and used a small area to the side of the site to access Market Street. This is private land; • Future tenants should be made aware that this private land; • Concerns about parking as the road to the rear is already used by numerous vehicles which block residents. This will increase traffic further.

SPECIAL CONSIDERATIONS:

Background and policy: The application site is located within the defined settlement of Rhos as well as the Rhos District Shopping Centre (DSC). The conversion of existing buildings is permitted provided that the impact of doing so would not be detrimental in terms of the general development principles (visual amenity, neighbouring privacy, highway safety etc.) and the vitality and viability of the DSC. Policies GDP1 and S5 are relevant in this instance.

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Highways: The building has historically been utilised as a bank (A2 use) which has recently ceased trading. In terms of parking provision, there is an area of hardstanding to the rear of the building which is proposed for such use. In this instance, in comparison to the existing lawful use, the proposal would require an additional one space in line with the maximum standards set out in LPG16. However, I am satisfied that 4 spaces could be accommodated in line with LPG16 on site. The site is located in a highly sustainable position in the centre of the village close to amenities and a frequent bus service. Highways raise no objection to the proposal and I consider there will be no adverse impact as a result of the development in relation to highway safety.

District Shopping Centre: The aim of the DSCs is to ensure that there is a retail focus for communities in terms of retail provision, serving predominantly convenience needs with limited service functions. The Rhos DSC is a linear designation centred predominantly on Market Street. Policy S5 seeks to ensure that the vitality and viability of these designated areas are not harmed by inappropriate changes of use.

The building in question is not a typical retail ‘shop front’. It has a single door with a small front window with a cash machine also located on the frontage to be retained. I consider that the building does not lend itself particularly well to a conversion to a typical retail shop frontage.

Notwithstanding this matter, the predominant issue is whether the change of use of the A2 use to dwellings would detrimentally impact upon the vitality and viability of the DSC. Market Street has a mixed use character with a number of existing dwellings interspersed with retail uses. On assessment of the current occupation of Market Street, there are a number of retail properties vacant. These are more typical properties with a traditional ‘shop frontage’. Given that there are vacancies within the DSC of units which, in their current form lend themselves better to achieving the policy goals of a DSC, I consider that the proposal as set out would not necessarily harm trading levels on Market Street and would accord with policy S5.

Visual Impact and amenity: The proposal will result in no external alterations to the building save for the replacement of glazing in two rear windows and the installation of doorway to the rear. The simple character of the building will not change and there will be no loss of amenity to neighbouring occupiers by way of loss of privacy.

Other matters: Representations have been received in relation to the use of a private access between the application site and the neighbouring property. The granting of planning permission would not authorise future occupiers of the building to use this access passage if not within their control. This would be a private matter between the parties involved.

In terms of construction noise and nuisance, this is a relatively small scale conversion project. The Council has the option to control disturbances

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 deemed to be a statutory nuisance through environmental protection legislation. This would be enforced by Public Protection and covered by other legislation.

Conclusion: I am satisfied that the proposal would accord with UDP policy and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 2016/25/BP and 2016/25/P Rev A and contained within the application documentation. 3. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 2016/25/BP 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. 4. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary.

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 provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 4. 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.

NOTE(S) TO APPLICANT

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

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 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.

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.

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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.

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

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0516 LAND TO THE REAR OF GREEN 31/05/2016 ACRES SMITHY LANE PENTRE BYCHAN WREXHAM COMMUNITY: LL14 4EW CASE OFFICER: Esclusham PF DESCRIPTION: ERECTION OF STABLE BLOCK WARD: CONSISTING OF 3 STABLES, TACK AGENT NAME: Ponciau ROOM AND OPEN HAY/FEED MRS IRENE STORE HAUGHTON

APPLICANT(S) NAME: MRS IRENE HAUGHTON

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THE SITE

Dashed line = land within control Position of proposed stable of applicant

PROPOSAL

Planning permission is sought for the erection of stable building with associated tack room and storage and the installation of a concrete apron to its

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 frontage. The building is proposed for the stabling of horses, feed and equipment in association with their use of the land.

HISTORY

On adjoining land

P/2001/0814 Erection of barn to store hay, fodder, machinery (i.e. tractor) and tools. Granted 12.11.2001 P/2005/1402 Construction of animal shelter/stable. Granted 31.01.2006 P/2006/1000 Erection of 10 no. animal shelters and 40m x 30m ménage. Withdrawn P/2006/1434 Use of land for keeping and breeding horses, erection of 6 no. wooden stables and construction of a riding area. Refused.

DEVELOPMENT PLAN

The site is located outside any defined settlement limit and partly within a Special Landscape Area. Policies PS2, GDP1, EC5 and T8 are relevant.

CONSULTATIONS

Community Council: No objection. Local Member(s): Cllr P. Pemberton – no concerns at this stage. Cllr K. Hughes – notified 02.06.2016 Site notice: Expired 24.06.2016 Highways: No objections. Recommend a condition that the stables are used for private purposes only. Neighbouring occupiers: 5 neighbouring occupiers notified 03.08.2016 following the submission of an amended plan. One representation received raising the following points: • No problem with the erection of a stable block, tack room and hay/feed. It will nice to see horses on the land again; • The building is substantially bigger than the building that was on the land until recently; • The building will be built over one of two drains in the field. If the building were relocated, access would be made available to these drains by the neighbouring dwelling.

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SPECIAL CONSIDERATIONS:

Visual impact: The proposed stable building and alterations to its immediate curtilage would be located adjacent to the field parcel boundary. The parcel of land itself is not widely visible from public viewpoint being located behind existing dwellings, themselves set back from the highway. The stable is a modest building of lightweight construction. Given its logical position in the corner of the site, I do not consider that it would have a wider impact upon the landscape character.

Other matters: The site is accessed along a track which itself is accessed off a private driveway which serves the dwellings immediately to the north. The stables are required to serve the needs of grazing horses within the field parcel itself. I do not consider that the level of traffic generated by the development will be detrimental to highways safety in this situation.

Issues in relation to interference with third party rights over the land are not planning matters and are to be resolved by the parties involved.

Conclusion: I am satisfied that the proposed stable building will not be detrimental to the wider landscape character and will not have a detrimental effect upon the Special Landscape Area. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 29 July 2016 and as contained within the application documentation. 3. The stables / machinery store shall not be used for any commercial or business purposes.

REASON(S)

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0525 2 THE COACH HOUSE DRYLL ROAD 31/05/2016 DOLYWERN GLYN CEIRIOG WREXHAM COMMUNITY: LL20 7AE CASE OFFICER: Glyntrian PF DESCRIPTION: EXTENSION OF EXISTING WARD: BALCONY ALONG WEST AGENT NAME: Ceiriog Valley ELEVATION, INSPECTION OF NEW MR CHRISTOPHER PATIO DOOR AND CONSTRUCTION WALKER OF EXTERNAL SPIRAL STAIRCASE TO GARDEN

APPLICANT(S) NAME: MR CHRISTOPHER WALKER

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THE SITE

SITE

PROPOSAL

Planning permission is sought for the erection of a replacement staircase and balustrade at first floor level to replace an existing dilapidated wooden

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 structure. As part of the application a further additional balustrade is proposed around the western elevation of the building with a spiral style staircase.

The structure is proposed to be constructed out of black steel with clear glass infill panels.

HISTORY

Most relevant P/2003/1184 Erection of 2 no. two-storey dwellings and garages. Granted 10.12.2003

DEVELOPMENT PLAN

The site is located within a defined settlement limit. There are trees within the development site subject to Tree Preservation Orders. The site is also partially located within a C2 Flood Zone. Policies PS2, GDP1, EC4, EC12 and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 20 – House Extensions.

CONSULTATIONS

Community Council: Consulted 03.06.2016 Local Member(s): Notified 03.06.2016 Site notice: Expired 21.07.2016 Flood Officer: No comments. NRW: Consulted 01.07.2016

Neighbouring occupiers: 8 neighbouring occupiers notified. 2 representations received raising the following points: • Whilst the building is long overdue for refurbishment the proposed development would not be in keeping with the overall Glan Y Wern Estate by reason of the use of inappropriate materials; and • The new additional balcony will become an outdoor living space which will be above the height of the neighbouring boundary fences. There will be a direct view from the balcony into the bedroom and living room of the neighbouring dwelling compromising privacy;

SPECIAL CONSIDERATIONS:

Visual Impact: The building currently consists of two dwellings over a two storey split level. The existing staircase and balcony provide access to the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 dwelling. The building is timber clad and bares the appearance of an ancillary structure associated with the former neighbouring mill building. The building sits in a private courtyard and is not widely visible from public viewpoint.

The proposed replacement balcony would consist of a steel frame design with infill glazed panels. The steel framing would be painted black in order to assimilate the structure with the existing building. The glazed infill panels would effectively allow a view through the structure to the existing timber cladding on the building.

I have no objection to the use of this material and the general form of the replacement and additional balcony and staircase with regards it impact upon the wider character of the building or the surrounding properties.

Amenity: Concerns have been raised by neighbouring occupiers in relation to the potential impact upon privacy of an additional balcony area on the western elevation of the building. There are currently no windows on this elevation at first floor level. A French door is proposed to gain access to the proposed balcony. The distance to the boundary from the edge of the proposed balcony is approximately 10 metres. On the opposite side of the boundary enclosure is the private garden area of Glan y Wern. The balcony itself is at 90 degrees to the south facing rear elevation of Glan y Wern some 17 metres away. An aerial photograph of this relationship is shown below.

Position of additional Boundary balcony (approx.)

Aerial photograph of site showing relationship with neighbouring dwelling

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I am satisfied that the relationship between the balcony and the rear elevation and private garden area of the neighbouring dwelling would be no different than having a large window on the rear elevation of a dwelling in a similar position. The balcony would effectively be used in the same manner as a lounge or dining room and, in this regard there is adequate separation between the application site and the neighbouring dwelling. The orientation of the two dwellings further reduces impact and there is also a significant amount of protected vegetation on the boundary. I therefore do not consider that there would be a detrimental loss of amenity to either occupier.

Other matters: Whilst the site is located in a C2 flood zone, the development is proposed to replace an existing structure. The additional balcony has a negligible footprint and would not cause detriment to existing flood capacity. I am satisfied that the development is acceptable in terms of the requirement of policy EC12 and Welsh Government TAN 15.

I am satisfied that the development will not pose a harm or undue risk to the health and wellbeing of the protected trees on the site.

Conclusion: I am satisfied that the proposed development would not have an adverse impact upon the wider character of the area or the amenity of the neighbouring occupiers. 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 28 June 2016 and as contained within the application documentation. 3. The structure hereby approved, excluding any infill panels and the surfacing of the walkways, shall be painted (or finished with any other surface treatment) black within one month of its first use. The structure shall be retained in this condition thereafter.

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.

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NOTE(S) TO APPLICANT

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

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

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.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0530 PENYCAE INFANTS SCHOOL 03/06/2016 COPPERAS HILL PENYCAE WREXHAM COMMUNITY: LL14 2SD CASE OFFICER: Penycae PF DESCRIPTION: RE DEVELOPMENT OF SITE TO WARD: COMBINE INFANTS AND JUNIOR AGENT NAME: Penycae & Ruabon SCHOOL INCLUDING NEW CREU South VEHICULAR ACCESS, PARKING MR ALWYN ROWLANDS AND PLAYING FIELDS

APPLICANT(S) NAME: WREXHAM COUNTY BOROUGH COUNCIL

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THE SITE

SITE

PROPOSAL

Planning permission is sought to extend the existing school building to provide additional classroom accommodation, external games area, change the use of

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 adjoining agricultural land to form part of the school grounds to form car parking and playing field and also the provision of a new vehicle and pedestrian access onto Copperas Hill. The proposal is required in order to relocate the existing Penycae Junior School to the site and to provide shared outdoor facilities and improved car parking provision.

HISTORY

PEN 19180 Alterations and extensions to Allowed 23/7/1991 existing buildings to provide 150 infants and 25 nursery pupils PEN 20025 Siting of 1 no. double and 3 no. Granted 1/2/1992 single mobile classrooms, 1 no. mobile toilet block and 1 no. office block for teaching accommodation PEN 21035 Change of use from nursery unit Granted 8/3/1993 to single dwelling (bungalow) and construction of new vehicular and pedestrian access P/2013/0614 Re-development of the site to Granted 10/3/2014 combine infants and juniors schools including new vehicular access, parking and playing fields.

DEVELOPMENT PLAN

The application site is partially located outside the defined Penycae settlement limit and within Green Barrier. Policies PS1, PS2, PS3, PS4, GDP1, EC1, EC2, EC4, EC11, EC13 and T8 are applicable. National Planning Policy is contained in Planning Policy Wales (Edition 8). National Planning Guidance is contained within TANs 5 – Nature Conservation and Planning, 12 – Design, 18 – Transport.

CONSULTATIONS

Community Council: Consulted 14.06.2016 Local Member(s): Notified 14.06.2016 Site notice: Expired 21.07.2016 Highways: It is considered that the scheme offers an overall improvement to the existing situation. There are no objections on highway grounds subject to conditions relating to the access provision. PRoW: Improvements would be welcomed to existing stiles/gates to Penycae footpath no. 8 if they were needed. Public Protection: Land contamination conditions required.

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Welsh Water: Conditions required ensuring approval of drainage design for the site. NRW: Conditions required ensuring approval of drainage design for the site. CPAT: It is unclear whether the archaeologically sensitive area adjoining the proposed new entrance is to be graded. Clarification is required. Neighbouring occupiers: 39 neighbouring occupiers notified. 5 representations received raising the following points: • The proposal includes the inclusion of new trees which would block the view from the neighbouring dwellings towards the open countryside; • The new ramp from the existing car park to the school may cause overlooking into the neighbouring garden area; • The new car park area will not be gated which will cause security issues; • The new access is on a bend; • There is a build-up of traffic and at peak times congestion occurs on Copperas Hill. This will double if two schools become one; • Will parents be able to use the car park to pick up and drop off children?; • The majority of houses on Copperas Hill have no parking provision; • Consideration should be given to providing off road parking provision for existing residents further down the road;

SPECIAL CONSIDERATIONS:

Background and policy: Planning permission has previously been granted on this site in a very similar format for the works as proposed. The principle of this development, on the scale as proposed has therefore already been accepted. This proposal seeks to make design alterations to the proposed extension, to alter the orientation of the games area and divide the proposed parking area into two separate sections.

The application site consists of the existing school site, the boundary of which forms the settlement limit of Penycae. In order to carry out the works to amalgamate the infants and junior school, an extension to the school building is required on the existing playground and playing field, resulting in the need to extend the boundary of the school grounds to facilitate additional outdoor

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 education facilities and an increased parking area outside the existing settlement limit on to agricultural land. This land is also designated as Green Barrier (EC1) and a Sand and Gravel Mineral Protection Zone (MW9).

Policy PS1 of the UDP requires that all development for such community facilities be directed to within defined settlement limits in order to protect the openness of the countryside. Policy EC1 states that development in Green Barriers will only be permitted if it would maintain the openness of the Green Barrier and would not conflict with the purpose of including land within it i.e. to prevent the coalescence of urban areas, to assist against encroachment within the open countryside, to protect the setting of urban areas and to assist in urban regeneration. This policy specifically states that essential facilities for outdoor sport and recreation may be acceptable.

The elements of this proposal outside the existing school boundary (outside settlement) relate to the playing fields, a proportion of the school yard and games area, the car parking area and new vehicular access. These works relate purely to landscaping and sport/recreation facilities and areas of hard standing which are reversible. The provision of the built development within the existing school boundary accords with policy PS1 and I am satisfied that the principles behind maintaining the land subject to the change of use and associated landscaping as Green Barrier will not be undermined.

The existing previously approved and proposed layouts are shown below:

P/2013/0614

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Proposed Layout

Built Development: The existing school building is of a traditional design built utilising local materials. The building has previously been extended in the early 1990s. I am satisfied that the footprint of the proposed extension is similar to that approved in 2014, its form and its position within the site is sympathetic to the character of the existing building and would make a positive contribution of the wider locality.

There are residential properties located to the western and eastern boundary of the site. The extension to the school is proposed on its southern elevation and given that the height of the extension is comparable to the height of the existing building I do not consider that it would cause harm to the amenity enjoyed by those neighbouring residential occupiers by way of loss of daylight or overbearing impact.

Highways: The school site is located on Copperas Hill which is known to suffer from highway congestion during school hours. This proposal to amalgamate the existing junior school to this site will result in increased vehicular and pedestrian visits to the site. The proposal seeks to provide a new vehicular access to the east of the existing school frontage, retaining the current access for delivery vehicles and mobility spaces. The proposed parking provision is considered adequate to cater for the proposed number of

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 staff with spaces available for parental parking. This represents a significant improvement and should help resolve some of the on street parking issues.

Suitable conditions will be required to ensure that the access and parking layout are implemented and retained as well as the preparation of a Travel Plan. On this basis I do not consider that the proposal will result in detriment to highway safety and accords with policy GDP1.

The provision of off street parking for existing residents is not necessary. It is for the school management to determine whether the use of the proposed car park for residents parking is possible.

Other matters: CPAT have raised concerns relating to the interference with land levels towards the eastern boundary of the site where the proposed access and road are to be located. The submitted plans indicated that the site is to be graded as not to cause disturbance to this area however no supporting information has been submitted. This is an archaeologically sensitive area of the site.

It was accepted as part of the previous approval that a scheme of detail should be submitted to ensure that the works are carried out in manner to ensure that any archaeological interests that may be disturbed are fully recorded. The level of detail provided with this application is not sufficient. The same condition will therefore be required.

A ramp is indicated on the proposed plan to allow access from the proposed car park to the school building. I do not consider that this indicates that the land levels will dramatically change to a point where overlooking by school users into the neighbouring garden areas will occur. There is little or no change when compared to the previous approval.

Indicative tree planting is shown on the proposed plan. The blocking of any view that planting may have is not a material planning consideration as there is no right to a view. However, I acknowledge that planting can potentially be overbearing and a condition will be imposed to control any planting schemes.

Conclusion: I am satisfied that there have been no material changes in planning policy or guidance and there have been no physical changes to or in the vicinity of the development site. The development as now proposed is considered in line with the justifications as presented with the previous approval. 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. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 4. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 3 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 5. 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. 6. 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. 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 unless otherwise agreed in writing by the local planning authority. 8. Foul and surface water shall be drained separately from the site. 9. Prior to first use of the development a suitable grease trap shall be provided in order to prevent entry into the public sewerage system of matter (cooking fats, oils and grease etc.) likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents. 10. No part of the development shall commence until details of all boundary treatments and retaining walls proposed in and around the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the details as are approved and retained in this condition thereafter.

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11. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been fully implemented. The fencing shall consist of a scaffold framework in accordance with Figure 2 of British Standard 5837:2012 comprising a vertical and horizontal framework, well braced to resist impacts, with vertical tubes spaced at a maximum interval of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the extent of each tree(s) Root Protection Area, as set out in British Standard 5837:2012 or as shown as the Construction Exclusion Zone on the approved Tree Protection Plan Ref. PYC/TPP/OL/05/16/01. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 12. The tree protection fencing and ground protection measures approved in connection with condition no. 11 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 13. The development shall be carried out in strict accordance with the following plans and report(s) submitted and approved as part of this application: Arboricultural Method Statement and Tree Protection Plan Ref: PYC/AMS/05/16 dated 23rd May 2016 of Shields Arboricultural Consultancy. No development or other operations shall take place except in strict accordance with the reports as approved. 14. The following activities should not be carried out under any circumstances: a) No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. b) No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. c) No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. d) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. e) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 15. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a scheme of ecological enhancements, additional native hedgerow planting and a five year Maintenance Plan and timescale for the implementation of works shall be submitted to and approved in writing by the Local Planning Authority.

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16. The landscaping scheme submitted and approved in connection with condition no. 15 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 17. The landscaping scheme as carried out in connection with condition no. 15 shall be retained in perpetuity. 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. 18. No works, to include the creation of trenches or culverts or the bringing on to the site of pipes shall commence until mitigation measures have been implemented to protect badgers, details of which have been submitted to and approved in writing by the local planning authority. The measures may include: a) creation of sloping escape ramps for badgers, which may be achieved by edge profiling of trenches/excavations or by using planks placed in them at the end of each working day; and b) open pipe work greater than 150mm outside diameter being blanked off at the end of each day. The development shall be carried out strictly in accordance with the detail as may be improved. 19. The development shall be carried out in accordance with the recommendations set out in section no 4 of the approved Marches Ecology report dated June 2016. 20. No removal of hedgerows, trees or shrubs shall take place between 1st march and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation to the local planning authority that no birds will be harmed and /or that there are appropriate measures in place to protect nesting bird interest on site. 21. No part of the development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to and approved in writing by the Local Planning Authority. The archaeological programme of work will be undertaken and completed in accordance with the standards laid down by the Institute for Archaeologists and MoRPHE (2006). On completion appropriate reports and an archive assessment shall be submitted for approval to the Local Planning Authority. 22. Within 3 months of commencement of development a scheme of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting as is approved shall be installed in strict accordance with the scheme prior to first use of the development and shall thereafter be permanently retained in a fully operational condition.

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23. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 10 metres behind the adjoining highway. 24. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 25. The vehicular access hereby approved shall be a minimum width of 5.5 metres. 26. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 33 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. 27. The vehicular parking and turning areas as shown on approved drawing(s) No(s). C313/012b 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. 28. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the local planning authority: a) Detailed design of a revised scheme of road markings and lines across the full site frontage to include junction protection measures. The scheme as approved shall be fully implemented prior to the first use of the development. 29. Prior to the first use of the development, a Travel Plan shall be submitted to and approved in writing by the local planning authority. This plan shall include details of an annual monitoring which shall be submitted to the local planning authority for written approval following the anniversary of the first use of the development, and every year after up to and including the fifth anniversary. 30. 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. 31. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 32. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered C313 007d, C313 008e, C313 011a, C313 012b, C313 020c and C313 021a and contained within the application documentation.

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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. In the interests of the amenities of the future occupants of the buildings 4. In the interests of the amenities of the future occupants of the buildings 5. To protect the amenities of the occupiers of nearby properties. 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 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 protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. To prevent pollution of the water environment. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To ensure that the retained trees are adequately protected during development in the interests of amenity. 12. To ensure that the retained trees are adequately protected during development in the interests of amenity. 13. To protect trees which are of significant amenity value to the area. 14. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. In the interests of protecting ecological habitat. 19. In the interests of protecting ecological habitat. 20. In the interests of protecting ecological habitat. 21. The site is thought to contain archaeological remains and it is considered desirable that a full evaluation of their importance should be undertaken before development commences. 22. To protect the amenities of the occupiers of nearby properties, to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to ensure that bats are not unduly harmed by artificial lighting. 23. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.

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24. 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. 25. To ensure the formation of a safe and satisfactory access. 26. To ensure that adequate visibility is provided at the proposed point of access to the highway. 27. 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. 28. In the interests of highway safety. 29. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle. 30. In the interests of highway safety. 31. In the interests of highway safety. 32. To ensure that the development fully complies with the appropriate policies and standards.

NOTE(S) TO APPLICANT

The applicant is advised that the position of the playing field and any of its associated drainage provision should be located away from the root protection area as identified on the approved Tree Protection Plan.

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

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

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

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

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

Applicants are advised that compliance with condition no. 5 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. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0546 26 AND 27 WEST VIEW CHIRK 08/06/2016 WREXHAM LL14 5HN COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: MP CHANGE OF USE OF EXISTING TAXI OFFICE INTO CLASS A3 USE, WARD: ALTERATIONS TO SHOP FRONT AGENT NAME: Chirk North AND INTERNAL WORKS IN THE PLANNING GROUP ASSOCIATION WITH THE USE OF LTD NOS 26 AND 27 AS A CLASS A3 USE MR MARTIN PARRISH WITH ANCILLARY HOT FOOD TAKE AWAY

APPLICANT(S) NAME: MR T MIAH

______

SITE

Application site

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PROPOSAL

As above.

HISTORY

No.27 West View

P/2002/0727 Change of use from A1 to A2 (In Retrospect). Granted 14.8.2002

No.26 West View

P/2011/0684 Change of use of shop to hot food take-away and erection of external flue. Refused 16.12.2011. Allowed on appeal 19.4.2012 P/2014/0467 Variation of Condition 2 of Appeal Decision APP/H6955/A/12/216921 to allow hours of opening to be extended 16.00 hrs to 23.00 hrs Mondays to Thursdays, 16.00 hrs to 23.30 hrs Fridays and Saturdays and 16.00 hrs to 22.30 hrs Sundays. Granted 1.9.2014

DEVELOPMENT PLAN

Within settlement limit and World Heritage Site Buffer zone. Policies GDP1, EC11 and T8 apply.

CONSULTATIONS

Town Council: Object for the following reasons: a) Traffic movements – increase in volume of 8-16 vehicles for restaurant. Parking proposal at rear has narrow and difficult access. Also clear access is required for single occupancy dwellings close by. Already the service bus is seeing regular obstruction , such a proposal with no additional parking for customers will exacerbate the problem. Large HGVs add to the problem of parking off the main road – outside the proposed restaurant – the nearby Coop is open itself until 10pm; b) Inconvenience/nuisance – there are residents all around – above too. Smell/odour as well as additional noise – especially if a licence to serve alcohol were ever approved; c) Already sufficient eateries – estimated 60% of shops in Chirk – Glyn Wylfa Café, Milk Bar, Indian Restaurant, Thai Noodle Bar, Castle

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Bistro, Hand Hotel, Stanton House PH, Star Kebab, Chinese takeaway, Star Fish and Chips, Anisa Indian Takeaway. If WCBC Planning Officers and Planning Committee don’t agree we request an evening site visit on a Friday 4:30-5.00pm to witness for themselves. Local Member: Notified 14.6.16 Highways: Whilst I am aware that there appears to be existing parking issues in the vicinity of the site, I am also mindful that the Welsh Government dismissed the highway objection on parking grounds to the previous takeaway application at this site. The site has an existing permission for up to 15 taxis to operate from the site, all of which could park on the highway. Given that LPG16 recommends a maximum of 14 spaces for this development it is considered there are no justifiable grounds to object on highway grounds. Public Protection: Conditions recommended requiring extraction/odour measures to be installed and to limit noise from air handling equipment associated with such measures. Site Notice: Expired 8.7.16 Neighbours: The owners/occupiers of 15 nearby properties notified 20.7.16.

2 representations expressing stating no issue with the proposed development but expressing concerns that existing parking provision will be unable to cope and requesting additional parking provision for the benefit of all businesses.

2 objections expressing the following concerns: - noise; - traffic/highway safety issues; - parking; - odour/cooking smells; - litter - vermin; - fire risk; - breach of health and safety regulations; - will seek recompense for additional safety measures.

SPECIAL CONSIDERATIONS

Policy: There are no specific UDP policies dealing with new A3 uses however policy GDP1 requires all new development to ensure convenient pedestrian

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 and vehicular access to the site and seeks to protect the amenity of the public. Policy T8 requires parking spaces to be provided for development in accordance with the Council’s adopted standards.

Whilst noting the Town Council’s comments regarding the number of existing food and drink establishments in Chirk, there are no UDP policies that impose an upper limit on the number of restaurants in any given area or settlement.

I recognise that there are already two hot food takeaways in West View operating from nos. 25 and no.26 respectively however the development will not increase the concentration of A3 uses in the vicinity. Whilst change of use is sought for no.27 West View the proposals are, in effect, for an extension of an existing takeaway business to enable it to operate as a restaurant as well. The key issues for consideration are therefore:

• The impact of the proposed use in respect of amenity and parking; • The appearance of the building as a result of the proposed external alterations.

I will consider these matters in more detail below.

Amenity: I understand the concerns expressed regarding noise however no.27 West View was last used as a taxi office and as noted above there are takeaway businesses operating from nos.25 and 26 West View. The permitted opening times of both hot food takeaway businesses are: • 4pm to 11pm Mondays to Thursdays; • 4pm to 11:30pm Fridays and Saturdays; • 4pm to 10:30pm on Sundays.

The proposed opening times of the restaurant are those of the existing takeaway business.

Whilst no.27 is currently vacant, its previous use as a taxi office will have contributed to a reasonable degree of night time activity in the locality along with the two existing takeaway businesses. The use of nos 26 and 27 as a restaurant and takeaway is unlikely to result in a significantly greater amount of night time activity and therefore noise than the existing/previous uses of the two commercial units.

With regards to odour, hot food is already prepared on site for the existing takeaway business. Extraction and odour control systems were installed in accordance with requirements of a condition impose on planning permission P/2011/0684. Whilst noting concerns have been expressed about potential odour issues, I am unaware of any significant issues with the operation of the existing takeaway.

The submitted plans propose relocating the existing kitchen. The plans also confirm that an extraction system will be installed and connected to the existing

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 flue located at the rear of the building. Provided adequate odour control measures are installed in the new kitchen the proposals are unlikely to significant increase the risk of odour problems in the locality. Full details of the odour control measures will be required by planning condition.

Parking: The Local Planning Guidance Note 16 maximum parking standard for the development 14 spaces.

Both nos. 26 and 27 have service yards to the rear and these are to be used to provide up to 4 parking spaces for staff. There is no on-site provision for customer parking.

The application site lies opposite a small 7 space parking area. There is also a small layby to the south-west the site that is capable of accommodating 2-3 vehicles. Both of these parking areas are well used, particularly during the evenings. Visitors to the existing takeaways also park on the highway.

I appreciate the concerns regarding additional demand for parking however it must be remembered that no.26 is already operating as a hot food takeaway and could continue to be operated as such irrespective of whether this application is granted. No.27 is also a business premises having last been used as a taxi office and as a retail premises prior to that. I understand that when it was last in use up to 15 taxis were operated from the property. It is unlikely that all vehicles would return to the site at the same time but there would also always have been the potential for taxis to be parked in the parking area opposite between customers or whilst their drivers were on breaks.

Whilst I would expect takeaway customers to primarily travel to/from the site by car, restaurants are generally attended by couples or groups who travel together, therefore whilst the submitted plans suggest space for 46 diners will be provided I consider it unlikely that even if the restaurant were full all 46 would have travelled individually to the site by car. Indeed the LPG16 maximum parking standard of 1 space per 4 square metres of public floor space would equate to around 1 space for every 3 customers in this instance.

The site is readily accessible by non-car means. It is within walking distance of most of the residential areas in Chirk, is passed by regular public transport and there are taxi businesses operating in the locality.

Taking all of the above into account, in my opinion the development is unlikely to put significant additional pressure on the limited parking provision available in the vicinity of the site.

Design: Only modest external alterations are proposed. The doorway to no.27 will be removed and replaced by a low brick wall and window. All pedestrian access to the restaurant will be via the existing entrance to no.26. The changes are in keeping with character of the building and will not detract from

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 the wider street scene or adversely impact upon the setting of the World Heritage Site.

Other Matters: Concerns have been expressed about potential issues with litter, vermin, fire safety and health and safety regulations. Given that the proposals are intended to make provision for customers to eat on the premises in my opinion it is unlikely to increase the risk of litter in the vicinity of the site. Control of vermin is outside of the scope of planning control and will be a matter for the applicant to address. It is also outside of the scope of planning control to ensure the applicant complies with fire and health and safety regulations. It will be for the applicant to ensure they comply with all other (non-planning) regulatory requirements for this type of business.

CONCLUSION

The development accords with policy GDP1, EC11 and T8 of the Wrexham Unitary Development Plan.

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 ATC/PP/111, ATC/PP/112, ATC/PP/113, ACT/PP/114and contained within the application documentation. 3. The use hereby granted planning permission shall not commence until an extraction system, which contains a functioning fumes / odour filtration mechanism has been installed in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. The equipment installed shall thereafter be permanently retained and operated and maintained in accordance with the manufacturer's instructions. 4. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 5. The use hereby permitted shall not be open to customers outside of the hours of 16:00 to 23:00 Mondays to Thursdays, 16:00 to 23:30 Fridays and Saturdays and 16:00 to 22:30 on Sundays.

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REASON(S)

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0584 7 BIRCH TREE CLOSE BRYNTEG 21/06/2016 WREXHAM LL11 6LZ COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: PF EXTENSION TO EXISTING GARAGE TO CREATE A WORKSHOP WARD: AGENT NAME: New Broughton APPLICANT(S) NAME: MR EDWARDS MR PAWEL NOWICKI

______

THE SITE

SITE and position of garage

PROPOSAL

Planning permission is sought for the erection of an extension of an existing detached garage to form a workshop and for the inclusion of a hipped roof across the existing garage and the new extension. The extension would be constructed on an existing area of hardstanding within the curtilage of the dwelling.

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Alterations to a wall at the frontage of the dwelling are also proposed to allow for the formal parking of two vehicles and to gain access to the dwelling house.

HISTORY

None.

DEVELOPMENT PLAN

The proposed development is located within a settlement limit. Policies PS2, GDP1 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

Community Council: The Council opposes the Application on the following grounds: - The impact of the Application on a residential area; - Applicant does not state what type of workshop and whether they intend to run a business from the premises; - Probable issues of noise. - Probable increase in traffic levels in what is a short, narrow cul-de-sac (the Application is for the property at the far end of the cul-de- sac). Local Member(s): Notified 29.06.2016 Site notice: Expired 21.07.2016 Neighbouring occupiers: 3 neighbouring occupiers notified. One representation received raising the following points: - The extra influx of traffic into a very small cul-de-sac; - This neighbour has taken away one of his parking spaces to facilitate this venture, therefore one of his cars will be parked on the road; - The access from Coed Efa Lane to the side of his property with space for a workshop; - They have been known to be in the existing garage after 11pm with noise of grinding; and - This neighbour appears to think he is within his rights to do anything he wants without planning permission or regard to his neighbours.

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One petition received with 11 signatories raising the following points: - The proposed workshop is located in front of the dwelling and not behind the building line of the property. It would distort the original design of the of the layout; - The workshop may reduce the price of properties in the area; - The hammer head was designed to accommodate the parking of a second car. As the applicant does not have a drive as such and can only accommodate one parking space in front of the property. The applicant would lose a parking space if planning permission were to be granted causing parking and manoeuvring problems; - The applicant is asking for a workshop. There is currently noise in the existing garage after 10.15pm which is disturbing residents.

SPECIAL CONSIDERATIONS:

Design: The existing garage is located at the head of a cul-de-sac. The dwelling it is associated with is set at a higher level than the road which is accessed by steps. The overall footprint of the extension to the garage and the height of the roof, in the context of the existing dwelling is not considered to be overly dominant. A photograph of the location of the proposed building is shown below.

Location of proposed

Streetscene photograph (from 2011)

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North/front elevation

Amenity: The proposed extension is labelled as a workshop. The application has been submitted as a householder planning application for works within the curtilage of dwelling house. Whilst concerns have been raised regarding the possible commercial use of the workshop, this planning application is for a domestic workshop ancillary to the enjoyment of the dwelling house. Any possible commercial use of the workshop is speculative and would require consideration under a further planning application incorporating a partial change of use of land. The Council can only act on breeches of planning control where it is evidenced that one has occurred.

Any activities that may occur at the property which are deemed to be a statutory nuisance (including excessive noise) can be controlled through environmental protection legislation.

I am satisfied that the position and scale of the garage would not result in detriment to the amenity of the neighbouring occupiers by way of loss of natural daylight or privacy. It effectively has the scale and appearance of a detached double garage.

Traffic: The proposal will result in the loss of a space to the side of the garage, however it is not clear as to whether this is or has been used for parking purposes. The proposal includes for the alterations to the existing retaining wall at the site frontage which could allow for the formal parking of two vehicles. Given the proposed domestic use of the garage and workshop, there will be no additional traffic associated with the development. I therefore do not consider that the proposal will result in additional traffic to the cul-de-

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 sac. A condition to ensure the provision of the two proposed parking spaces is justified in this instance.

Other matters: The impact of proposals on property values is not a planning matter.

Conclusion: I am satisfied that the proposed extensions and additions to the existing detached garage are satisfactory in the context of this residential location and the proposed use can be deemed domestic in character. I therefore 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 A102, A300, A301 and A302 and contained within the application documentation. 3. The garage and workshop shall only be used for purposes ancillary to the use of the dwelling house and for no other purpose.

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.

NOTE(S) TO APPLICANT

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

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

The proposed development lies within an area that has been defined by The

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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. 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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 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. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0600 22 VALLEY WAY WREXHAM 24/06/2016 LL13 7GW

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa SINGLE STOREY REAR EXTENSION PF CONVERSION OF GARAGE TO PROVIDE ADDITIONAL LIVING WARD: ACCOMMODATION ANCILLARY TO AGENT NAME: Hermitage MAIN HOUSE AND LINK EXTENSION CB ARCHITECTURAL DESIGN APPLICANT(S) NAME: MR CRAIG BAUGH MR BASHARAT JAMEEL

______

THE SITE

Shaded area = new extension Hatched area TPO Tree = existing conservatory

PROPOSAL

Planning permission is sought for a rear extension to the dwelling along with a link extension to the existing garage. The garage, in turn, is proposed to be converted to form habitable living accommodation. The rear extension would project from the dwelling by 4 metres.

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HISTORY

None

DEVELOPMENT PLAN

The site is located within a defined settlement limit. There is a tree designated within the application site with a Tree Preservation Order. Policies PS2, GDP1, EC4 and T8 are relevant.

CONSULTATIONS

Community Council: No comments. Local Member(s): No objection. Site notice: Expired 11.08.2016 Highways: No recommendations. Neighbouring occupiers: 4 neighbouring occupiers notified. 2 representations received. • One representation supporting the application on the basis that the extension will be single storey and will not overlook the neighbouring property in any way. • One representation objecting to the proposal on the grounds that there will be a reduction of two car parking spaces which will cause difficulty for the dwelling opposite if cars park on the road. The surface area of the dwelling will increase causing an increase in surface water runoff. The plans labelled on the website or incorrectly labelled.

SPECIAL CONSIDERATIONS:

Visual Impact and amenity: The proposed additions to the dwelling are predominantly to the rear and will not be widely seen from public viewpoint. However, I am satisfied that the designs of the extensions are sympathetic to the character of the property. The alterations to the garage when viewed from the property frontage are also considered to be sympathetic to the dwellings character.

The proposed alterations and extensions pass the adopted BRE daylight test in LPG20 and there will be no loss of privacy.

Highways and parking: The proposal will result in the loss of the garage parking area (2 spaces) to provide habitable space. The driveway will remain as existing and could accommodate 4 vehicles. I am satisfied that this is

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 adequate in line with the requirements of LPG16. This proposal would not result in detriment to highway safety.

Trees: The proposed extension is within influencing distance of a boundary oak tree subject to Tree Preservation Order WCBC 146. Adequate precautions must be made to ensure no unnecessary damage occurs to the tree or its rooting environment during the construction process/

A planning condition to secure the submission of an arboricultural method statement (AMS) to ensure appropriate precautions and protective measures are made to the oak tree will be required.

Other matters: Matters of mislabelling of the application documentation are not deemed to be relevant to the merits of the planning proposal.

The proposed development will marginally increase roof surface area of the dwelling. Adequate surface water drainage provision will be a matter for consideration under the Building Regulations.

Conclusion: I am satisfied that the proposed development will not result in adverse impact upon the wider environmental character, neighbouring amenity or highway safety. 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 751/SK01 Rev A, 751/SK02 Rev A and 751/SK03 and contained within the application documentation. 3. 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

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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. 4. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved. 5. No part of the development shall commence until the design of the foundations for the proposed development within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. Foundation design shall take into account the presence of tree roots. The works shall be carried out in accordance with the foundation design as approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 5. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity.

NOTE(S) TO APPLICANT

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

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

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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. 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.

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 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.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0609 5 PIERCY AVENUE MARCHWIEL 28/06/2016 WREXHAM LL13 0RH COMMUNITY: CASE OFFICER: Marchwiel DESCRIPTION: PF TWO STOREY SIDE EXTENSION SINGLE STOREY REAR EXTENSION WARD: AND NEW FRONT PORCH. AGENT NAME: Marchwiel DMS ARCHITECTURAL APPLICANT(S) NAME: SERVICES MR ANDRE WILLIAMS MR DAVID SELVEY

______

THE SITE

SITE

PROPOSAL

Planning permission is sought for the erection of various extensions consisting of a porch and WC extension to the front elevation, two storey side dining room/kitchen and bathroom/bedroom extension and a single storey rear lounge extension.

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HISTORY

None

DEVELOPMENT PLAN

The site is located within a defined settlement limit. Policies PS2, GDP1 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

A period of reconsultation was carried out on 17.08.2016 following receipt of amended plans. The merits of the amended plans are discussed in the Special Considerations section below. Any further representations will be reported in the addendum.

Community Council: Object on the grounds that the porch comes forward of the building line. Members also wish to see a condition that the building remain as a family home and not be turned into flats as there would be a parking issue on Piercy Avenue. Parking is already a problem and this would make the situation worse. Local Member(s): Notified 01.07.2016 Site notice: Expired 26.07.2016 Neighbouring occupiers: 5 neighbouring occupiers notified. 1 representation of support received.

SPECIAL CONSIDERATIONS:

Visual Impact and amenity: Amended plans have been received following negotiations with the applicant. The amendments relate to the scale of the proposed porch/WC extension to the front elevation. As originally submitted, the scale of the porch was considered to be too wide, representing an incongruous and poorly designed addition to the front elevation of the dwelling. LPG20 states that front extensions require special consideration because of the detrimental impact that can be caused to the character of the street scene. The amended plans now address my original concerns by reducing the overall width of the extension across the front elevation of the dwelling. I am satisfied it now represents a small addition to the dwelling frontage and is now of the scale of a traditional porch extension. An image of the amended front elevation is shown below.

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Proposed front elevation

I am satisfied that the remaining elements of this proposal are acceptable. The side extension takes on board guidance from LPG20 in terms of reducing the overall height of the extension so that it appears subsidiary to the main dwelling. The rear extension is simple and sympathetic to the form and character of the dwelling. No part of the proposed extensions would cause detriment to the amenity of the neighbouring occupiers by way of loss of privacy or natural daylight. The proposal passes the BRE daylight test as set out in LPG20.

Other issues: Concerns have been raised by the Community Council regarding the scale of the proposed extension and the possibility of the dwelling being subdivided. Whilst subdivision may be a future proposal, this is not a matter for consideration at this time. Any subdivision would require the submission of a further planning application and consideration would be given at that time. A planning condition to control subdivision at this stage is unnecessary and would be against national planning guidance on the use of planning conditions.

The proposal would result in the loss of parking provision to the side of the dwelling. However, the layout of the extensions would result in the retention of 3 bedrooms. There is no requirement for additional spaces over the existing requirement. The majority of dwellings on Piercy Avenue only benefit from one off road parking space. As such, I consider that there is no requirement to insist on the provision of additional on plot parking provision.

Conclusion: I am satisfied that the proposal will not result in a form of development detrimental to the streetscene or the amenity of the neighbouring occupiers. I recommend accordingly.

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RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered FC7/MO616/16 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

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

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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.

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. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0626 VACANT PLOT OPPOSITE BRYN 30/06/2016 GWENFRO TANYFRON WREXHAM LL11 5SW COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: MP VARIATION OF CONDITIONS IMPOSED UNDER PLANNING WARD: PERMISSION CODE NO P/2012/0817 AGENT NAME: Brymbo CONDITION 2 - THE PERIOD WITHIN PARKHILL ESTATES WHICH TO SUBMIT PLANS AND LTD PARTICULARS OF THE RESERVED MR MATTHEW MATTERS TO BE EXTENDED FOR A FERGUSON FURTHER PERIOD OF 3 YEARS CONDITION 3 - THE PERIOD WITHIN WHICH TO COMMENCE DEVELOPMENT BE EXTENDED FOR A FURTHER PERIOD OF 3 YEARS OR BEFORE THE EXPIRY OF 1 YEAR FROM THE DATE OF THE APPROVAL OF THE LAST RESERVED MATTER, WHICHEVER IS THE LATER (OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT)

APPLICANT(S) NAME: PARKHILL ESTATES LTD

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THE SITE

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Application site

PROPOSAL

As above.

HISTORY

Relevant history for other parts of the former steelworks site

P/2016/0816 Outline application for erection of supermarket and small retail units and associated car parking. Granted 11.7.2014

History specifically relevant to the application site.

P/2005/1486 Outline application for residential development. Refused Appeal dismissed 29.11.11 P/2012/0817 Outline application for residential development. Granted 11.7.2014

DEVELOPMENT PLAN

Outside of settlement and within Green Barrier. Policies PS1, GDP1, GDP2, EC1, EC4, EC16, H5, H7 and CLF5 apply.

CONSULTATIONS

Community Council: Consulted 6.7.16

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Local Member: Notified 6.7.16 Highways: No objections on highways grounds. Public Protection: Recommends contamination condition and condition and advisory notes in respect of minimising the impact of construction works. Welsh Water: Do not wish to make any recommendations. NRW: Comments dated 17 July 2013 remain valid. Rights of Way: Consulted 6.7.16 Ramblers Association: Consulted 6.7.16 Wrexham Civic Society: Consulted 6.7.16 Site Notice: Expired 3.8.16 Neighbours: The owners/occupiers of 93 nearby properties notified 13.7.16 2 objections received expressing the following comments/concerns: - Lack of school places; - More traffic on a dangerous road; - Development has no concerns about the village only to make money; - The developers have not finished the jobs they promised to the community. The spine road is complete but the area is left derelict and still not shops etc.; - Nice to have some green area that is not built on; - Building works will have a huge disruption on the road system; - Disruption and noise.

SPECIAL CONSIDERATIONS

Background: The site currently benefits from outline planning permission for residential development. That permission along a separate outline permission for retail development (P/2016/0816) were granted as ‘enabling development’ in order to secure funding for the then uncompleted spine road through the former Brymbo Steelworks site. Both permissions are subject to a Planning Obligation that secures:

• a bond from Brymbo Developments Ltd to cover the full cost of the construction of the spine road that can be used by the Council to fund its construction in the event of a failure to do so by Brymbo Developments Ltd; • phased construction of the spine road;

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• any surplus arising from the sale of the land be used solely to fund the establishment of a Heritage Area.

In addition to the need to secure funding for the completion of the spine road one other key consideration that contributed to the decision to grant outline planning permission was the fact that Wrexham did not have a 5 year housing land supply.

Enabling development: Following the granting of planning permissions P/2016/0816 and P/2016/0817 Brymbo Developments Ltd financed the construction of the spine road with a loan secured against the value of the two sites. Whilst the spine road has now been completed (although not yet adopted), the outline planning permission for housing is still enabling development because the applicants need to dispose of the site for development in order to repay the loan. The development will therefore, albeit indirectly, still be financing the spine road.

The applicants have not sought to extend the time limits for submission of reserved matters and commencement of development in respect of the retail planning permission. However I understand that they are currently preparing a revised masterplan for the undeveloped land at the northern end of the former Brymbo Steelworks site including the land benefitting from that planning permission. Proposals to development that site are therefore likely to be the subject to a future planning application.

Housing Land Supply: There remains a considerable need to increase the supply of land available for housing development in Wrexham. Because of changes to TAN1 since the previous planning permission was granted Wrexham is unable to demonstrate whether it has a 5 year housing land supply or not due to the UDP plan period having expired in 2011. Furthermore the Wrexham Local Development Plan Preferred Strategy, which has recently been subject to consultation, identifies a requirement for 11,715 new homes in 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 around 6,738 houses to be built.

I remain of the opinion that this is a deliverable site for residential development. I understand that the delays in the site being brought forward are due to the requirements of the Planning Obligation preventing commencement of development and occupation of dwellings until successive stages in the construction of the spine road had been completed. This posed a commercial risk to prospective purchasers/developers because the completion of the road would be outside of their control.

Other Matters: The concerns raised by objectors were considered by Members prior to them resolving to grant outline planning permission. There have been no material changes in local circumstances since permission was granted. Furthermore extending the time limits for submission of reserved

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 matters and commencement of development will not result any material changes in the nature and scale of the residential development eventually built on the site.

With the exception of conditions requiring compliance with Code for Sustainable Homes, which is no longer a national planning policy requirement, the conditions imposed on the previous permission remain necessary.

CONCLUSION

The reasons for granting outline planning permission for the site to be developed remain therefore I consider it reasonable for the time limits for submission of reserved matters and commencement of development to be extended as proposed.

RECOMMENDATION A

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

a) All relevant provisions of the planning obligation completed in respect of the extant outline planning permission (P/2012/0817) being applied to this application.

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

RECOMMENDATION B

Upon completion of the obligation, planning permission be GRANTED subject to the following conditions:-

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development as permitted shall be commenced before the expiry of three years from the date of this permission or the expiry of one year from the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 date of approval the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a scheme 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 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. 5. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 6. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 5 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 7. 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;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 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. 8. The site layout and landscaping details required by condition 01 shall include an area or areas of public open space together with a scheme that includes the following details: i) hard and soft landscaping of the open space area(s); ii) the timing of the construction and landscaping of the open space area(s); iii) the arrangements for the long term management and maintenance of the public open space area(s) Public open space shall be provided on site and thereafter permanently retained and managed and maintained in accordance with the scheme as approved. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 11. Development shall be carried out in strict accordance with Section 7: Mitigation of the Arbor Vitae Environmental Limited Phase One Habitat Survey dated May 2013.

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 satisfactory drainage of the site and to avoid flooding. 5. In the interests of the amenities of the future occupants of the buildings 6. In the interests of the amenities of the future occupants of the buildings 7. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 8. In the interests of the visual amenities of the area and the amenities of future occupiers of the development. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. To protect the amenities of the occupiers of nearby properties. 11. In order to ensure the development does not adversely impact upon wildlife interests which are afforded special protection.

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NOTE(S) TO APPLICANT

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 Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

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

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

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

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The 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,

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 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.

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. The development is a departure from the provisions of the adopted Wrexham Unitary Development Plan and the absence of an agreement to ensure the development secures the funding necessary to complete the Brymbo - Tanyfron Spine Road and the establishment of it will not be possible to deliver the community benefits that will be derived from the granting of permission. As such the development does not accord with policies PS1 and EC1 of the Wrexham Unitary Development Plan.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0634 DODDS LANE SHOPPING CENTRE 01/07/2016 DODDS LANE GWERSYLLT WREXHAM COMMUNITY: LL11 4NT CASE OFFICER: Gresford PF DESCRIPTION: INSTALLATION OF ATM MACHINE WARD: (IN RETROSPECT) AGENT NAME: Gwersyllt East & South NOTEMACHINE UK LTD APPLICANT(S) NAME: MS JAN CLARK MS JAN CLARK NOTEMACHINE UK LTD

______

THE SITE

Post Office

Approx. position of ATM

PROPOSAL

Permission is sought in retrospect for the installation of an ATM machine to the building frontage. The approximate location of the ATM is shown on the mapping above.

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HISTORY

Most relevant P/2016/0635 – Display of internally illuminated fascia sign. Pending (see next agenda item).

DEVELOPMENT PLAN

The site is located within the Gwersyllt settlement limit. Policies PS2 and GDP1 of the Wrexham Unitary Development Plan are relevant.

CONSULTATIONS

Community Council: Object on the grounds that the availability of an ATM machine at this location could have an adverse impact on trade at the adjoining Post Office. Local Member(s): Cllr D. Griffiths – Concerned that the siting of the ATM may have an impact upon the neighbouring post office, but understands that this is not a planning consideration. Cllr B. McCann – no observations at this stage. Site notice: Expired 11.08.2016 Highways: No recommendations. Neighbouring occupiers: 2 neighbouring occupiers notified. 10 representations received raising the following points: • There is no need for the cash machine in this location. It is 20cms from the Post Office shop front and people queue in front of the PO which is unacceptable; • The Post Office already offer free cash withdrawals and has an ATM in its shop front already; • The proposal does not accord with guidance contained in LPG12 relating to the position of ATM machines. It is not integrated into the shop front or within a lobby or door recess; • The ATM is superfluous to requirements; • This proposal will harm the Post Office which is a valuable community asset and because the PO gains 50% of its revenue from cash withdrawals (which are now down by 60%), this will harm the sustainability of the business;

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• The application is retrospective which is a sad indictment on Home Bargains who have already installed the machine and began operating it; • There will be a security risk as people going into the store will pass people withdrawing cash; • The signage is garish and ‘in your face’.

SPECIAL CONSIDERATIONS:

Visual Impact: The ATM subject to this application has been located to the frontage of the existing large retail unit. It forms part of a larger complex with pedestrian access across the frontage of all the units.

The ATM has been located at the far left hand side of the retail unit frontage in close proximity to the boundary with the neighbouring retail unit (WH Smith Local/Post Office). LPG12 – Shopfronts does state that ATMs should be integrated into the shopfront and ideally located within a lobby or door recess to limit their visual impact. The size of the display area must be kept to a minimum and must not be used as a means of advertisement. However, it is considered that this guidance is aimed predominantly at traditional shopfronts in ‘High Street’ locations. The ATM currently under consideration is located in a retail park shop front and does not harm the balance or wider character of the unit. An application for Outdoor Advertisement Consent for the signage associated with the ATM is currently being considered under planning reference P/2016/0635.

I am satisfied that this proposal does not have any visual harm on the character of the existing building or wider townscape.

Competition / need: I acknowledge the presence of the ATM close to the boundary with the neighbouring unit and the existing ATM provisions within this shop/Post Office. However the need for the ATM or the impact it may have on other businesses in the locality is not a planning matter. The issue of competition between existing businesses cannot be taken into consideration. Customers effectively have a choice between which ATM they wish to use.

Conclusion: I am satisfied that the ATM will not cause any visual harm to the locality. There are no other material planning considerations that I consider warrant a recommendation other than that as follows.

RECOMMENDATION: That permission be GRANTED

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0635 DODDS LANE SHOPPING CENTRE 01/07/2016 DODDS LANE GWERSYLLT WREXHAM COMMUNITY: LL11 4NT CASE OFFICER: Gwersyllt PF DESCRIPTION: DISPLAY OF INTERNALLY WARD: ILLUMINATED FASCIA SIGN AGENT NAME: Gwersyllt East & South NOTEMACHINE UK LTD APPLICANT(S) NAME: MS JAN CLARK MS JAN CLARK NOTEMACHINE UK LTD

______

THE SITE

Post Office

Approx. position of ATM

PROPOSAL

Outdoor Advertisement Consent is sought in retrospect for the installation of signage associated with the installation of an ATM

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HISTORY

Most relevant

P/2016/0634 – Installation of ATM. Pending. (see previous agenda item)

DEVELOPMENT PLAN

The site is located within the Gwersyllt settlement limit. Policies PS2 and GDP1 of the Wrexham Unitary Development Plan are relevant. Local Planning Guidance Note 1- Adverts is applicable.

CONSULTATIONS

Community Council: Object on the grounds that the availability of an ATM machine at this location could have an adverse impact on trade at the adjoining Post Office. Local Member(s): Cllr B. McCann – no observations at this stage. Site notice: Expired 11.08.2016 Highways: No signage should be illuminated to dazzle passing motorists. Neighbouring occupiers: 2 neighbouring occupiers notified. 2 representations received raising the following points: • There is no need for the cash machine in this location. It is 20cm from the Post Office shop front and people queue in front of the PO which is unacceptable; • The Post Office already offer free cash withdrawals and has an ATM in its shop front already; • The ATM is superfluous to requirements; • There will be a security risk as people going into the store will pass people withdrawing cash. The Post Office offer a secure cash withdrawal; • The signage is garish and ‘in your face’.

SPECIAL CONSIDERATIONS:

Visual Impact: The signage subject to this application has been installed in associated with an ATM also installed retrospectively and being considered under planning application P/2016/0634 earlier in this report. Justification for the need for the ATM is not for consideration as part of this application and is not a material planning consideration in itself. This application is to consider

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 purely the signage and only matters of visual impact and public safety can be considered in line with national planning guidance.

I am satisfied that the illuminated signage around the proposed ATM is simple and sympathetic to its scale and the character of the building which it sits. The illumination is low level and will not cause harm to the visual amenity of the area or cause issues of public safety.

Conclusion: There are no other material planning considerations that I consider warrant a recommendation other than that as follows.

RECOMMENDATION: That Advert Consent be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. 4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission. 5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 6. No light source to any sign(s) hereby granted consent shall be directly visible to drivers of motor vehicles using the adjacent highway.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 6. In the interests of highway safety. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0669 4 PADDOCK ROW RUABON 12/07/2016 WREXHAM LL14 6DD COMMUNITY: CASE OFFICER: Ruabon DESCRIPTION: MP TWO STOREY REAR EXTENSION AND SINGLE STOREY SUN ROOM WARD: EXTENSION AGENT NAME: Penycae & Ruabon MR KEVIN JONES South APPLICANT(S) NAME: MR KEVIN JONES

______

THE SITE

Two storey extension

Conservatory

PROPOSAL

As above.

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HISTORY

No recent history.

DEVELOPMENT PLAN

Within settlement limit and Ruabon Conservation Area. Policies GDP1 and EC7 apply.

CONSULTATIONS

Community Council: No objections Local Member: Notified 15.7.16 Site Notice: Expired 10.8.16 Neighbours: The owners of 2 adjoining properties notified 21.7.16. 1 representation received stating no objection but expressing the following concerns: - Boundary fence should not be removed; - The new building should be easily accessible for repairs or maintenance without having to gain access to my property; - Loss of view; - Sunroom will be overpowering; - Privacy.

SPECIAL CONSIDERATIONS

Amenity: The two storey extension will have a significant impact upon a conservatory located at the rear of no.3 Paddock Row by way of loss of light and outlook from its side facing windows. However the impact is not significantly greater than the impact a single storey extension built under permitted development rights would have. It would therefore be difficult to justify refusal of the two storey extension in this instance.

The proposed conservatory will project 3.6 metres from the rear elevation of the proposed two storey extension which in turn projects 3.5 metres from the rear elevation of the existing dwelling. However it will not result in significant further loss of light to no.3 Paddock Row and I do not consider the cumulative impact of both extensions to be visually overbearing.

No.5 Paddock Row has a similar sized two storey rear extension to the one subject to this application. The proposed conservatory will be just over 3 metres from the boundary of that property. I am therefore satisfied the proposals will not harm the standard of amenity afforded to the occupiers of that property by way of loss of light or by being visually overbearing.

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The two storey extension will have two rear facing first floor windows, although only one will serve a habitable room – a bedroom. The other will serve a bathroom. The dwelling has an existing rear facing first floor window serving a bedroom and whilst it is smaller than the proposed bedroom window, in my opinion the proposals will not significantly increase overlooking of the gardens of neighbouring dwellings. Existing boundary fences will ensure the conservatory does not have an unacceptable impact upon the standard of privacy afforded to the occupiers of neighbouring properties.

Design: The extension and conservatory are located at the rear of the dwelling so will not impact upon the wider street scene and as a result will preserve the character of the conservation area.

Other Matters: The extension will be located adjacent to the boundaries of both neighbouring properties and the conservatory will be adjacent to the boundary of no.3 Paddock Row. The granting of planning permission would not give the applicant any right to remove boundary fences belonging to neighbouring owners/occupiers or to gain access to their properties for maintenance purposes. If the applicant did need access to neighbouring properties this is a private matter he would need to discuss with the relevant owners/occupiers.

CONCLUSION

The proposals accord with UDP policies GDP1 and EC7.

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 KPJ/1/B and KPJ/1/C contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation.

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.

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NOTE(S) TO APPLICANT

This planning permission only permits the development shown on the approved plans and described on the application form. It does not permit any alterations to be carried out to the front elevation of the dwelling, including the installation of replacement windows and doors. Any such works will need to be subject to a separate application for planning permission.

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. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0672 THE VILLAGE STORE CHESTER 12/07/2016 ROAD ROSSETT WREXHAM LL12 0HW COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: PF DISPLAY OF 3 NO ILLUMINATED FASCIA SIGNS AND 3 NO NON WARD: ILLUMINATD FASCIA SIGN, 2 NO AGENT NAME: Rossett HANGING SIGNS AND 1 NO OTHER SUSTAIN SIGN (IN RETROSPECT) ARCHITECTURE MR MATTHEW APPLICANT(S) NAME: ROBERTS MR PAUL LEWIS

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THE SITE

SITE FRONTAGE

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PROPOSAL

Outdoor Advertisement Consent is sought in retrospect for the installation of signage to the frontage of the existing retail unit. An image of the shop front as existing can be found later in this report.

HISTORY

P/2014/0939 Change of use of existing ground floor flat to allow class A1 retail use and external alterations to provide new entrance door and alterations to existing shopfront. Granted 04.02.2015 P/2016/0684 Installation of ATM. Pending. P/2016/0758 Ground floor rear extension to store. Pending

DEVELOPMENT PLAN

The site is located within a defined settlement limit and within the Rossett Conservation Area. Policies PS2 and GDP1 are relevant. Local Planning Guidance Note 1 – Adverts and Welsh Government Technical Advice Note 7 – Outdoor Advertisement Control are also relevant.

CONSULTATIONS

Community Council: Objects to this application on the grounds that appropriate signage is required to be in keeping with the Conservation area status of the Village. Local Member(s): Strongly objects to this application. Questions the need to understand why the advice of the Conservation Officer on the retention of traditional shop windows has not been heeded. This is a conservation area and the visual impact has been destroyed by these tasteless illuminated signs along with the whole refurbishment. There is a strong body of opinion in Rossett that once again our planners have contributed to the ruin of our conservation area. Site notice: Expired 09.08.2016 Highways: Signage should not be illuminated in a manner to cause dazzle to passing motorists. Neighbouring occupiers: 6 neighbouring occupiers notified. 2 responses received raising the following points: • The village store has always been a pleasant focal point in the village.

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However since 2015 the alterations that have taken place are out of keeping and detrimental to the area designated as a conservation area. The Village Store is sandwiched between the Golden Lion public house and Machine House which have undergone improvements. It is now an eyesore and the only blight in an otherwise attractive village; • There has been no application for the removal of the former shop front; and • The signage appears cheap and tacky and overly large;

SPECIAL CONSIDERATIONS:

Background and policy: This application is submitted in retrospect for the erection of signage to the frontage of the recently renovated and extended convenience store. Planning permission was granted in 2015 (P/2014/0939) to extend the existing shop into a neighbouring ground floor flat. This effectively resulted in the blocking in of the shop window with a rendered facade.

The application as now presented seeks to consider the impact of the signage as erected. A photograph of the shop as existing is shown below.

Existing shopfront

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016

A further drawing image follows which shows the signs which have been erected. For the benefit of Members, I have highlighted those signs which do not benefit from deemed consent and require approval through this application. It is only these signs which can be considered through this proposal. Other signage does not require the benefit of Outdoor Advertisement Consent.

Requires consent

Signs to be voluntarily removed

Signage labelled 1, 2, 3, 4 and 8 requires consent because of its illumination and scale. Signage labelled 5, 6, 7 and 9 does not require consent. Signage labelled 6 and 7 (to left of doors) to be voluntarily removed.

Visual impact: The building is located in a prominent position within the Rossett Conservation Area. It is a building of relatively modern appearance in comparison to other buildings in the vicinity. Whilst the application is presented in retrospect, this approach is acceptable in line with planning law. The retrospective nature of the application is not a justification for refusal.

The illuminated signage banner across the shop frontage is effectively a replacement upgraded sign of the previous shop front. I have no objection to its position and method of illumination which is generally befitting of the character of the building.

The larger billboard style signs (no. 8) were placed on the basis of the corporate requirements, however I am satisfied that they act to fill in a relatively blank space which balances out and provides a vertical emphasis to the building in line with the windows above. On this basis I do not consider that these signs are detrimental.

I have discussed the nature of the adverts with the applicant and he is aware of the opposition referred to above. I consider that it is the proliferation of the signage which cannot be controlled which is causing detriment to the character of the building. I have negotiated with the applicant and, whilst he is aware of which signage can and cannot be controlled, it has been confirmed

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 that it is his intention to remove signs labelled no 6. and signs labelled 7 to the left of the doors. I consider that this will reduce the proliferation of signage on areas of the shopfront where it would traditionally not be located.

Given the nature of the shop front and the possible proliferation of further signage I recommend that a condition be added to any approval removing the right for the applicant to erect any further signage without the consent of the local planning authority.

Public safety: I am satisfied that the proposed signage will not result in any instance of highway danger or public safety. Highways have recommended a condition to ensure that the illumination method for the signage does not dazzle passing motorists.

Conclusion: I am satisfied that the proposed signage which can be controlled through the Outdoor Advertisement Regulations will not be detrimental to the character of the building or the wider locality. I recommend accordingly.

RECOMMENDATION: That Advert Consent be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. 4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission. 5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 6. No light source to any sign(s) hereby granted consent shall be directly visible to drivers of motor vehicles using the adjacent highway. 7. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (or any Order revoking and re- enacting that Order with or without modification) no advertisement shall be displayed on the premises or within the site other than those hereby approved or previously given consent.

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REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 6. In the interests of highway safety. 7. To minimise clutter and to avoid excessive display to the detriment of the visual amenities of the area. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0686 GLAN LLYN LLANARMON ROAD 14/07/2016 BWLCHGWYN WREXHAM LL11 5YP COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: MP ERECTION OF REPLACEMENT DWELLING WARD: AGENT NAME: Minera APPLICANT(S) NAME: MR CHARLES MR CHARLES OSBORNE OSBORNE

______

THE SITE

Application site

PROPOSAL

As above.

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HISTORY

BRY 23856 Renovation and extension of cottage. Refused 4.12.1995

DEVELOPMENT PLAN

Outside of settlement limit. Policies GDP1, EC6 and H10 apply.

CONSULTATIONS

Community Council: Consulted 19.7.16 Local Member: Notified 19.7.16 Flintshire CC: Consulted 25.7.16 Public Protection: Recommend conditions in respect of contamination remediation. Highways: The site is located on a private access road owned by Dee Valley Water who have given rights of access to Glan Llyn. Given that this private road is used regularly by maintenance vehicles the traffic generated by a single dwelling is unlikely to cause any detriment to highway safety. Adequate off road parking and turning provision is proposed. NRW: Have made the following comments: - NRW is satisfied that the bat survey has been carried out to an acceptable standard. The report states that there was no evidence that the structures were currently being used as bat roosts and that they had low potential as a roost. It is therefore unlikely that bats or their roosts will be impacted upon by the proposed works; - The Authority should ensure that conditions attached to any planning permission issued, ensure that the recommendations within the report are carried out so as to avoid damage to bats; - The applicant should ensure that the existing septic tank/ soakaway is in a good state of repair, regularly desludged and of sufficient capacity to deal with any increase in flow and loading which may occur as a result of this proposal. Dee Valley Water: Confirmed that they have given the applicant a right to use the access track between two points shown on the submitted plans. Welsh Water: Consulted 19.7.16 Rights of Way: Brymbo public footpath 89 crosses this development site. If the footpath needs to be closed whilst the works are in progress, the developer will

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need to apply to the Rights of Way section for a temporary traffic regulation order. If the footpath requires a permanent diversion, the developer will need to contact the Rights of Way section. Ramblers Association: Consulted 19.7.16 CPAT: Recommend a condition requiring a photographic survey prior to demolition of the existing dwelling. Site Notice: Expired 12.8.16 Neighbours: The owners/occupiers of 2 properties notified on 25.7.16 and 27.7.16. 2 representations received making the following comments: - The cottage is of no little merit as a vernacular building not intruding into the landscape. It does not mar what walkers along the Public Footpath consider beautiful views across Llandegla Moor. None of this can be said for what seeks to replace it; - The plans seem to ignore the whereabouts of the public footpath and sewage system which is well away from vehicular access to service it; - The deeds state the purchaser will not erect of suffer to be erected any building no for agricultural use of the holding; - Concerns about access to the property. Previous owners have tried to gain access via our land. Concerned the applicant will wish to assert a right of access from Llanarmon Road; - The applicant is intending to run a fishing business from the site – the size of the shed would indicate this. Concerned the number of vehicles entering the property will substantially increase; - The plans mention an existing parking space. There have been no cars at Glan Llyn to our knowledge since 1976 and the Water Authority refused any reestablishment of the easement when the applicant’s colleagues applied in 1996. The only cars on site were wrecks left in 2006 by the applicant’s colleagues tried to drive them along the public footpath crossing my land.

SPECIAL CONSIDERATIONS

Policy: Policy H10 of the Wrexham Unitary Development Plan allows for replacement dwellings to be erected in the countryside where: a) the existing dwelling is habitable or capable of being made habitable without substantial reconstruction or substantial increases in floor area.

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b) the existing dwelling is not of architectural or historic interest, or is a prefabricated or temporary structure. c) the proposed dwelling:

i) is located on the site of the original dwelling; or ii) is exceptionally, where a planning constraint can be overcome, located within the curtilage of the existing building; and iii) reflects the floor area, form, bulk, and character of the original dwelling; and

The existing dwelling is not currently in a habitable condition however the majority of it appears to be in reasonable condition and could be made habitable without substantial reconstruction or increases in floor area. Part a) of the policy is therefore satisfied.

The building is not listed or in a conservation area and as such is not afforded any specific protection via planning policies. It is also a permanent building with external walls constructed of a stone and a slate roof. The proposals do not conflict with part b) of the policy.

The new dwelling will be located on the site of the existing one but will be orientated to face the north-eastern corner of the site whereas the existing dwelling faces towards the eastern boundary. There is no requirement for a replacement dwelling to be orientated to face the same direction as the existing dwelling therefore provided there are no unacceptable landscape impacts there is no conflict with policy H10.

The proposed dwelling will have a floor area around 66% larger than the existing dwelling and will be around 3 metres higher. This is more than the one third increase that LPG13 advises replacement dwellings should be limited to. However LPG13 is guidance and each case must be considered on its own merits.

The existing dwelling is relatively small therefore an increase in floor area in excess of one third is justified in order to provide an adequate amount of living space that meets modern standards in this instance. The general form and appearance of the proposed dwelling is also sympathetic to the rural character of the site and its surroundings and despite being larger than the existing dwelling, it will not be significantly more prominent within or detract from the rural landscape.

The submitted plans make provision for the erection of timber clad outbuilding. This structure will not be prominently sited and will not have a significant impact upon or detract from from the rural landscape.

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Amenity: The proposed dwelling will be around 70 metres from the nearest dwelling (Isfryn) which is located to the north- east of the application site. This distance is sufficient to ensure the proposals will not harm the standard of amenity afforded to the occupiers of that property.

Access and parking: I understand that there is an on-going dispute about whether there is a right of access to the application site from Llanarmon Road through the curtilage of Isfryn. This is a private matter and is not a material planning issue.

The dwelling is to be accessed via a track that serves the Nant-y-Ffrith Reservoir. The applicant has been granted the right to use this track by Dee Valley Water. The proposals are unlikely to result in a significant increase in traffic using the track, indeed the amount of traffic to/from the site would not be materially different if the existing dwelling were renovated and re-occupied.

The submitted plans make adequate provision for parking within the site.

Public Right of Way: The site is crossed by Brymbo public footpath no. 89. The new dwelling will not obstruct or prevent the use of the footpath. However if the applicants need to temporarily close the footpath whilst demolition and construction works take place or want to permanently divert the footpath they will need to discuss the matter with the Rights of Way section.

Ecology: The application is accompanied by an ecology report confirming that there is no evidence of bats using the existing dwelling. The report does however recommend a pre-cautionary approach be taken to demolition because the building could be used by bats on an occasional/seasonal basis. The implementation of the recommendations will be required by condition in order to ensure the development does not adversely impact upon bat species.

Other Matters: It is alleged that the applicant intends to operate a business from the site; however there are no formal proposals for a business use before more me and the granting of permission for the proposed development will not authorise the operation of a business.

If the applicant intends to operate a business from the site that requires planning permission then he will need to apply separately. If an application for a business use is subsequently submitted it will be considered on its own merits in light of the policies and circumstances that apply at that time.

CONCLUSION

The proposed replacement dwelling is of an appropriate standard of design and will not detract from the wider rural landscape. The development can also take place without adversely impacting upon statutorily protected species or the standard of amenity afforded occupiers of other dwellings in the locality. It therefore accords with the relevant UDP policies.

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RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 16/30/1 of 4 Revision A, 16/30/2 of 4 Revision A, 16/30/3 of 4 Revision A, 16/30/4 of 4 Revision A and 16/59/2 and contained within the application documentation. 3. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. 4. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 3 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority. 5. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 6. The development shall be carried out in strict accordance with Section 8 of the Clwydian Ecology Protected Species Survey dated 14 July 2016.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. In the interests of the amenities of the future occupants of the buildings 4. In the interests of the amenities of the future occupants of the buildings

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5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. In order to protect wildlife interests, which are afforded special protection. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0706 BIRMINGHAM HOUSE MARKET 21/07/2016 STREET RHOSLLANERCHRUGOG WREXHAM COMMUNITY: LL14 1AF CASE OFFICER: Rhos SEH DESCRIPTION: CONVERSION OF RETAIL UNIT AND WARD: SUB-DIVISION OF EXISTING AGENT NAME: Ponciau DWELLING TO FORM 3 NO. GARY CHESTERS DWELLINGS CHARTERED BUILDING SURVEYOR APPLICANT(S) NAME: MR GARY CHESTERS MR P KLASS

______

THE SITE

Proposed parking area

PROPOSAL

As above

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RELEVANT HISTORY

P/2013/0356 Change of use from ground floor shop with residential above to housing estate office. Granted 03/07/2013.

DEVELOPMENT PLAN

Within settlement limit and district shopping centre. UDP Policies PS1, PS2, PS3, PS4, GDP1, H2, S5, T8 and H2 apply. LPGN Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Consulted 22.07.2016 Local Member: This is a retail unit and has not been marketed as such. Highways: Consulted 22.07.2016 PP: Consulted 22.07.2016 Site Notice: Expired 15.08.2016 Other Representations: The junction at Princes Road cannot handle any more traffic; there is not enough on-street parking; the removal of the outbuilding will make the party wall unsafe.

SPECIAL CONSIDERATIONS/ISSUES

Background: Proposed is the subdivision and change of use of an existing five bedroom dwelling which incorporates a small retail element (approx. 32 sq. m) on the ground floor. The scheme will create 3 no. dwellings with some minor alterations to the external principal elevation and additional window in the side elevation. The main issues to consider relate to the loss of the retail use, the residential amenity afforded to the existing adjacent and future occupiers of the development and upon highway safety.

Loss of retail use: The building is within the district shopping centre and there is therefore no requirement to demonstrate that the retail element is no longer viable or to market the property as a retail unit prior to change of use. In accordance with UDP Policy S5, the proposed change of use to the ground floor from retail to residential will not adversely affect the vitality and viability of the district shopping centre which will retain a reasonable level and range of comparison shopping facilities.

Design and residential amenity: The proposed new layout will provide for 3 no. dwellings; 1 x 2 bedroom and 2 x 2 bedroom units. Window openings are located sufficient distance from the surrounding dwellings to ensure separation in accordance with LPGN 21, and the units will enjoy the benefit of natural daylight and privacy. Individual private usable outdoor spaces are provided for each unit to include on-site bin storage and drying space. The proposed

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 5th SEPTEMBER 2016 external alterations to remove the shop window are acceptable in terms of proportions and design, and will make a positive contribution to the appearance of the street scene.

Highways: The proposed development site is located on Market Street with the vehicular access located on Princes Street. Visibility from the access to the off road parking area accords with the requirements in Manual for Streets.

3 parking spaces (1 space per unit) have been provided within the site which is below the 5.5 spaces as required by LPGN 16. The on-site parking requirement associated with the existing house and shop is 7 spaces (4 x residential and 3 x customer). Given the reduction in parking demand for the proposed use there would be less pressure on the current on-site parking facilities which should reduce the level of indiscriminate parking on the highway. Traffic generation at the junction of Princes Road and Market Street should also be reduced by the loss of the retail unit.

Other matters: The impact of the removal of the existing outbuilding upon the boundary wall is not a relevant planning consideration. An advisory note should be attached to the planning permission to remind the developer of their duties under the Party Wall Act 1996.

CONCLUSION

The proposed conversion will decrease the intensity of use of the building and as such there would minimal impact upon the existing amenity of local residents and upon highway safety. The amenity that will be afforded to the occupiers of the proposed units is acceptable and, in accordance with Policies H2 and GDP1 which allow for residential development of land within settlement limits provided that it accords with the character of the site, the development would make a positive contribution to the appearance of the area.

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 16-140a and 16-140b and contained within the application documentation. 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. The vehicular parking and amenity areas as shown on approved drawing no. 16-140a shall be fully laid out, surfaced and drained prior to first

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REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the parking of vehicles clear of the highway in the interest of traffic safety and for the residential amenity of the occupiers of the development. 5. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 6. To protect the amenities of the occupiers of nearby properties. 7. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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.

This permission does not by itself authorise the performance of any proposed acts of work materially affecting the external appearance of the premises, which proposals, if any, shall form the subject of a further submission to the Local Planning Authority.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0713 UNIT 4 RIVULET ROAD WREXHAM 25/07/2016 LL13 8DT

COMMUNITY: DESCRIPTION: CASE OFFICER: Caia Park REMOVAL OF CONDITION NO 4 MP IMPOSED UNDER PLANNING PERMISSION P/2011/0166 TO WARD: ALLOW FOR UNRESTRICTED AGENT NAME: Smithfield HOURS OF OPERATION POWERZONE GYM MR CAIN WYNNE APPLICANT(S) NAME: MR CAIN WYNNE POWERZONE GYM

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SITE

Gym

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PROPOSAL

As above.

HISTORY

P/2011/0166 Use as body building gym (In Retrospect). Granted 3.5.11

DEVELOPMENT PLAN

Within settlement. Policy GDP1 applies.

CONSULTATIONS

Community Council: Have concerns over the granting of this application. They feel it would be unreasonable given the proximity of residential properties to have a gym open 24 hours a day. Local Member: Notified 2.8.16 Public Protection: The development has the potential to cause disturbance to nearby residential properties from amplified music. A condition should be imposed. Highways: No recommendations. Site Notice: 31.8.16 Neighbours: The owners/occupiers of 17 nearby properties notified 9.8.2016. 1 objection expressing the following concerns: - The gym is regularly opened at 6am and is very noise; - Soundproofing measures have supposedly been taken but this is irrelevant when doors are left open; - Members of the gym often stand outside being antisocial or having loud arguments; - Members of the gym smoking on the street; - Parking issues; - Vehicles being driven at high speed to/from the gym; - Cars being fixed noisily outside the gym with music blaring from them and revved noisily; - Littler; - Police activity involving the gym; - If the gym is allowed to open 24 hours a day, I am certain this anti-social behaviour will occur at all hours.

2 representations in support making the following comments;

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- Never had any problems with the gym; - No problems with noise or customers; - It would be of benefit to have a 24 hour gym close by; - Applicant is an honest man trying to make an honest living.

SPECIAL CONSIDERATIONS

The opening times of the gym are currently restricted by planning condition to 1pm – 8pm weekdays and 9am – 2pm on Saturdays. The gym is not permitted to open on Sundays or Bank Holidays.

There are residential properties a short distance to the east as well as directly opposite. The latter had not been built when the extant planning permission was granted.

I understand that noise reduction materials have been installed in the premises (although not details have been submitted) but music played in the gym is nevertheless still audible from the pavement in front of it on Rivulet Road. However if the current application were granted a condition could be imposed requiring further noise attenuation measures as well as imposing time limits on when music is played.

I appreciate that there are other commercial premises located close by but the nature of the businesses occupying them are such that there is unlikely to be a significant degree of activity in the locality throughout the night or during the early hours of the morning. Were the gym permitted to open 24 hours a day, gym members could potentially congregate and talk on the pavement in front of the site late at night or in the early hours of the morning causing disturbance to nearby occupiers. Furthermore vehicles travelling to/from the gym are also likely to result in disturbance to nearby occupiers at times when other traffic along Rivulet Road is much less than it is during the currently permitted opening times.

Whilst I would be minded to support changes to the existing opening hours, for the reasons discussed above, in my opinion allowing the gym to operate 24 hours a day will have an unacceptable impact upon the standard of amenity afforded to the occupiers of nearby dwellings.

CONCLUSION

The proposals are contrary to policy GDP1(f) of the UDP.

RECOMMENDATION: That permission be REFUSED

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REASON(S)

1. Allowing the gym to operate 24 hours a day is likely to result in additional noise and disturbance during the night and early hours of the morning that will prove prejudicial to the standard of amenity afforded to occupiers of nearby residential properties. The proposal is therefore contrary to policy GDP1(f) of the Wrexham Unitary Development Plan.

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LIST OF DELEGATED DECISIONS ISSUED

HAN P/2013/0751 THE BRYN, BRYN LANE, HANMER, LISTED BUILDING CONSENT FOR GRANTED WREXHAM, SY13 3DS ALTERATIONS: 17/08/2016 - BEDROOM WITH NEW STAIRS FROM EXISTING LOFT ROOM - MINOR INTERNAL ALTERATIONS TO FORM BATHROOM AND DRESSING ROOM - NEW ROOF LIGHTS TO REPLACE NON ORIGINAL DORMER WINDOWS TO ENTRANCE HALL

RUA P/2014/0342 WALLED GARDEN, WYNNSTAY HALL ERECTION OF 7 DWELLINGS - GRANTED ESTATE, RUABON, WREXHAM, LL14 PROPOSED AMENDMENT TO A PART 22/08/2016 6LD IMPLEMENTED APPROVED RESERVED MATTERS APPLICATION DATED 4 DECEMBER 2006 REF RUA P/2005/0432.

CHI P/2015/0225 LAND WEST OF AND ADJACENT TO USE OF LAND TO PROVIDE REFUSED THE BUNGALOW, OLD BLACK PARK RESIDENTIAL GYPSY / TRAVELLER 04/08/2016 ROAD, HALTON, CHIRK, WREXHAM, PITCHES (7 PLOTS) AND ERECTION OF LL14 5BG COMMUNAL UTILITY BUILDING

BRY P/2015/0372 FORMER SCHOOL BUILDINGS, HIGH DEMOLITION OF EXISTING BUILDING GRANTED STREET, BRYMBO, WREXHAM, LL11 AND ERECTION OF 13 DWELLINGS AND 28/07/2016 5BN CONSTRUCTION OF NEW ACCESS

MAE P/2016/0301 AVENUE FARM, AVENUE LANE, CONSTRUCTION OF AGRICULTURAL GRANTED BETTISFIELD, WREXHAM, SY13 2LA PORTAL FRAME BUILDING FOR 21/07/2016 MILKING PARLOUR

CEF P/2016/0314 FESTIVAL FIREWORKS, CRANE DISPLAY OF NON ILLUMINATED POLE REFUSED STREET, CEFN MAWR, WREXHAM, MOUNTED ON WALL SIGN 10/08/2016 LL14 3AB

CEF P/2016/0315 TESCO ROUNDABOUT, WELL DISPLAY OF NON ILLUMINATED POLE REFUSED STREET, CEFN MAWR, WREXHAM, MOUNTED SIGN 10/08/2016 LL14 3AE

GLY P/2016/0334 PLAS CROGEN, SELATTYN, REFURBISH AND REPOSITION 11KV GRANTED WREXHAM, SY10 7NT OVERHEAD LINE 21/07/2016 ABE P/2016/0339 LAND NEXT TO UNIT 33, ABENBURY ERECTION OF NEW BUILDING FOR THE GRANTED WAY, WREXHAM INDUSTRIAL RELOCATION OF EXISTING WINDOW, 01/08/2016 ESTATE, WREXHAM, LL13 9UZ CONSERVATORY AND UPVC INSTALLATION COMPANY

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ERB P/2016/0344 THE OLD FOX, BANGOR ROAD, OUTLINE APPLICATION FOR GRANTED EYTON, WREXHAM, LL13 0YD DEMOLITION OF 2 NO. DISUSED STONE 21/07/2016 OUTBUILDINGS, ERECTION OF DETACHED DWELLING AND CONSTRUCTION OF NEW VEHICULAR ACCESS TO SERVE BOTH THE NEW DWELLLING AND EXISTING

RHO P/2016/0352 D J THOMAS, 20 MARKET STREET, DEMOLITION OF EXISTING BUILDING GRANTED RHOSLLANNERCHRUGOG, ATTACHED TO NO 20 MARKET STREET 11/08/2016 WREXHAM, LL14 1AF AND CONSTRUCTION OF NEW BUILDING FOR GENERAL STORAGE PURPOSES

OVE P/2016/0355 FERNDALE, 41 SALOP ROAD, LISTED BUILDING CONSENT FOR GRANTED OVERTON, WREXHAM, LL13 0EH INTERNAL ALTERATIONS, NEW 04/08/2016 WINDOWS TO REAR ELEVATION, NEW FRONT DOOR AND RE-RENDER REAR WALL

BRN P/2016/0383 MOSS GRANGE, MOSS LANE, EXTENSIONS AND ALTERATIONS GRANTED BRONINGTON, WREXHAM, SY13 3HB 01/08/2016 GRE P/2016/0441 22 BODWYN CRESCENT, TWO STOREY SIDE EXTENSION AND GRANTED GRESFORD, WREXHAM, LL12 8NQ DEMOLITION OF GARAGE 04/08/2016 GWE P/2016/0460 41 GLASCOED WAY, SUMMERHILL, SINGLE-STOREY REAR EXTENSION GRANTED WREXHAM, LL11 4YP 19/08/2016 WRC P/2016/0461 22 BRYN ESTYN ROAD, WREXHAM, DEMOLITION OF EXISTING DWELLING, REFUSED LL13 9NB OUTLINE PLANNING APPLICATION FOR 22/08/2016 RESIDENTIAL DEVELOPMENT (UP TO 4 NO. DWELLINGS) AND CONSTRUCTION OF NEW ACCESS

BRY P/2016/0469 PENYBRYN, FRONHEULOG HILL, TWO STOREY EXTENSION GRANTED BWLCHGWYN, WREXHAM, LL11 5YH 04/08/2016 WRR P/2016/0478 18 EDINBURGH ROAD, WREXHAM, SINGLE STOREY SIDE / REAR GRANTED LL11 2RG EXTENSION 26/07/2016

GRE P/2016/0492 7 BRYN Y GROES, GRESFORD, FELL 1 NO ELM TREE (PROTECTED BY GRANTED WREXHAM, LL12 8TZ TPO WMBC NO 36) 21/07/2016 WRR P/2016/0496 55 ACTON GATE, WREXHAM, LL11 TWO-STOREY EXTENSION GRANTED 2PW 21/07/2016

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HAN P/2016/0500 LAVENDER COTTAGE, HORSEMANS DEMOLITION OF EXISTING MODULAR GRANTED GREEN, WHITCHURCH, SY13 3DY GARAGE AND ERECTION OF NEW 21/07/2016 MASONRY GARAGE IN SAME LOCATION

WRR P/2016/0511 FIRST FLOOR, 40 - 42, REGENT CHANGE OF USE OF FIRST FLOOR GRANTED STREET, WREXHAM, LL11 1RR OFFICE TO 3 NO. APARTMENTS 01/08/2016 GRE P/2016/0514 LAND TO REAR OF LITTLE W1 TO BE LIFTED BY 2.0 M BACK TO GRANTED CHETWYN 2 GREEN PASTURES, BOUNDARY FENCE ONLY (PROTECTED 01/08/2016 PONT Y CAPEL LANE, GRESFORD, BY TPO DCC NO 20 1953) WREXHAM, LL12 8RT

BRY P/2016/0519 11 AND 12, BOD IDRIS, BRYMBO, SINGLE STOREY EXTENSION TO SIDE GRANTED WREXHAM, LL11 5AA OF NO 12 04/08/2016

ROS P/2016/0542 BURTON MEADOWS FARM, EXCAVATION AND CONSTRUCTION OF GRANTED BROADOAK LANE, ROSSETT, SLURRY LAGOON AND ERECTION OF 01/08/2016 WREXHAM, LL12 0AS 1.8 M STOCK PROOF FENCE ADJACENT TO FARM COMPLEX

GLY P/2016/0547 ARFRYN, DOLYWERN, PONTFADOG, SINGLE STOREY SIDE EXTENSION AND GRANTED WREXHAM, LL20 7AG EXTENSION TO EXISTING FIRST FLOOR 08/08/2016 DORMER WINDOWS

ESC P/2016/0548 OAK LODGE, CORKSCREW LANE, EXTENSIONS AND ALTERATIONS GRANTED RUABON, WREXHAM, LL14 6HG (AMENDMENTS TO PLANNING 01/08/2016 PERMISSION P/2015/0054 AND P/2014/0192)

ERB P/2016/0549 2 PILKINGTON COTTAGES, PARKING AND OPERATION OF 2 NO GRANTED ERBISTOCK, WREXHAM, LL13 0DN PRIVATE HIRE VEHICLES (NO PUBLIC 03/08/2016 WAITING AREA) (UP TO 7 NO FURTHER VEHICLES TO BE OPERATIONAL VIA PDA BOOKING SYSTEM

RUA P/2016/0556 WYFFYDD, PEN Y LAN, RUABON, ERECTION OF AGRICULTURAL GRANTED WREXHAM, LL14 6HP BUILDING FOR STOCK, FEED AND 08/08/2016 MACHINERY

WRO P/2016/0557 ACCIDENT AND EMERGENCY, NEW EXTENSION TO RE-LOCATE GRANTED WREXHAM MAELOR HOSPITAL, ENTRANCE AND INTERNAL 01/08/2016 CROESNEWYDD ROAD, Wrexham, ALTERATIONS WREXHAM, , LL13 7TD

WRO P/2016/0559 YSGOL CLYWEDOG, RUTHIN ROAD, RETENTION AND CONTINUED USE OF GRANTED WREXHAM, LL13 7UB STORAGE CONTAINER (PREVIOUSLY 21/07/2016 GRANTED UNDER CODE NO. P/2011/0466)

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BRY P/2016/0562 PART OF GARDEN AREA ADJOINING, VARIATION OF CONDITION NO. 1 GRANTED ALDERLEY, BRYMBO ROAD, IMPOSED UNDER PLANNING 08/08/2016 BWLCHGWYN, WREXHAM, LL11 5UB PERMISSION P/2011/0593 TO ALLOW A FURTHER 5 YEARS FOR DEVELOPMENT TO COMMENCE (ERECTION OF SINGLE-STOREY DWELLING, GARAGE, ACCESS DRIVE AND TURNING)

ABE P/2016/0563 LLOYDS ANIMAL FEEDS (WESTERN) CONSTRUCTION OF 4 NO. METAL GRANTED LTD, BRIDGE ROAD NORTH, CONTAINERS TO HOUSE BIOMASS 20/07/2016 WREXHAM INDUSTRIAL ESTATE, BOILER WITH ASSOCIATED FLUE WREXHAM, , LL13 9PS

RHO P/2016/0567 LAND SOUTH OF, 54 HIGH STREET, RETENTION OF 1800MM HIGH CLOSE GRANTED RHOSLLANERCHRUGOG, BOARDED FENCE AND DOUBLE GATES 20/07/2016 WREXHAM, LL14 1AW OFF HIGH STREET (PREVIOUSLY GRANTED UNDER CODE NO. P/2015/0328)

GRE P/2016/0568 92 CHESTER ROAD, GRESFORD, SINGLE-STOREY AND TWO-STOREY GRANTED WREXHAM, LL12 8NT REAR EXTENSIONS TO DWELLING AND 10/08/2016 NEW FRONT PORCH

MIN P/2016/0571 LAND EAST OF BRYNCLIFFE, OLD RENEWAL OF OUTLINE PLANNING GRANTED ROAD, BWLCHGWYN, WREXHAM, PERMISSION FOR RESIDENTIAL 04/08/2016 LL11 5UF DEVELOPMENT & ALTERATION TO EXISTING VEHICULAR & PEDESTRIAN ACCESS (PREVIOUSLY GRANTED UNDER CODE NO. P/2013/0384)

GWE P/2016/0572 6 FAIRWAY GARDENS, GWERSYLLT, REPLACE FLAT ROOF ON EXISTING GRANTED WREXHAM, LL11 4XB GARAGE WITH NEW PITCHED ROOF 21/07/2016 WRR P/2016/0575 4 BALMORAL CLOSE, WREXHAM, EXTENSION AND ALTERATIONS GRANTED LL11 2RP 04/08/2016 HOL P/2016/0586 16, VICARAGE COURT, HOLT, INSTALLATION OF REPLACEMENT GRANTED WREXHAM, LL13 9AL UPVC WINDOWS AND FRONT DOOR 15/08/2016

WRR P/2016/0587 7 NORTHLEIGH GROVE, WREXHAM, SINGLE STOREY REAR EXTENSION GRANTED LL11 2HQ 01/08/2016 HOL P/2016/0591 WESTLEIGH, SMITHFIELD GREEN, CEDAR (T1) - FELL TO GROUND LEVEL GRANTED HOLT, WREXHAM, LL13 9AJ (PROTECTED BY HOLT CONSERVATION 02/08/2016 AREA)

COE P/2016/0592 17 PENYGELLI ROAD, COEDPOETH, TWO STOREY SIDE EXTENSION GRANTED WREXHAM, LL11 3RW 01/08/2016

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COE P/2016/0594 BRON Y WAWR, PARK ROAD, EXTENSION TO CREATE MASTER GRANTED COEDPOETH, WREXHAM, LL11 3TD BEDROOM WITH ENSUITE AND 10/08/2016 ENLARGED KITCHEN AND DINING AREA

WRR P/2016/0595 1 ENEURYS ROAD, WREXHAM, LL11 CONVERSION OF MUSIC STUDIO TO GRANTED 2PH ANNEX TO PROVIDE ANCILLARY LIVING 01/08/2016 ACCOMMODATION TO MAIN HOUSE AND LINK CORRIDOR EXTENSION

LLA P/2016/0596 I AND S CAR SALES, RACKERY REMOVAL OF PORTACABIN ERECTION GRANTED LANE, LLAY, WREXHAM, , LL12 0PB OF NEW SINGLE STOREY BUILDING TO 03/08/2016 PROVIDE OFFICES / SALES ROOM / SHOW ROOM

RHO P/2016/0598 48 HEOL KENYON, JOHNSTOWN, SINGLE STOREY REAR EXTENSION GRANTED WREXHAM, LL14 2BE 16/08/2016 GWE P/2016/0599 28, BLUEBELL ESTATE, PANDY, TWO STOREY REAR EXTENSION GRANTED WREXHAM, LL11 2UG 04/08/2016 WRC P/2016/0603 ST ANNES CATHOLIC PRIMARY RETENTION AND CONTINUED USE OF GRANTED SCHOOL, PRINCE CHARLES ROAD, MOBILE CLASS ROOM (PREVIOUSLY 08/08/2016 CAIA PARK, WREXHAM, LL13 8TH GRANTED UNDER CODE NO P/2010/1043)

WRR P/2016/0605 3 TO 9, GROSVENOR ROAD, CONSERVATION AREA CONSENT FOR GRANTED WREXHAM, LL11 1DB DEMOLITION OF BRICK BOUNDARY 03/08/2016 WALL

CEF P/2016/0606 BETHANIA CHAPEL, BETHANIA CHANGE OF USE OF CHAPEL TO MIXED GRANTED ROAD, ACREFAIR, WREXHAM, , LL14 USE OF PLACE OF WORKSHIP AND 01/08/2016 3TS FUNERAL PALOUR TOGETHER WITH EXTENSION NEW PORCH AND EXTENSION OF GARAGING

WRO P/2016/0610 YSGOL BODHYFRYD, ERECTION OF EXTERNAL CANOPY GRANTED BRYNYCABANAU ROAD, WREXHAM, 08/08/2016 LL13 7DA

GRE P/2016/0615 60 WOODRIDGE AVENUE, ALTERATIONS AND EXTENSIONS AND GRANTED MARFORD, WREXHAM, LL12 8SS EXTERNAL RENDERING AND CLADDING 03/08/2016

LLR P/2016/0616 STONE COTTAGE, CWMALIS ROAD, CONSERVATORY TO FRONT REFUSED FRONCYSYLLTE, LLANGOLLEN, ELEVATION 11/08/2016 WREXHAM, LL20 7RR

RHO P/2016/0620 GER Y MYNYDD, SCHOOL STREET, SINGLE STOREY SIDE EXTENSION GRANTED RHOSLLANERCHRUGOG, 08/08/2016 WREXHAM, LL14 1BE

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ROS P/2016/0622 1 CROESHOWELL COURT, DEMOLITION OF EXISTING GRANTED CROESHOWELL HILL, BURTON, CONSERVATORY AND CONSTRUCTION 01/08/2016 ROSSETT, WREXHAM, LL12 0AA OF NEW SINGLE STOREY REAR EXTENSION

BRY P/2016/0627 LAND SOUTH OF 13, HARWD ROAD, VARIATION OF CONDITIONS IMPOSED GRANTED BRYMBO, WREXHAM, LL11 5BP UNDER PLANNING PERMISSION CODE 11/08/2016 NO P/2013/0426 CONDITION 2 - THE PERIOD WITHIN WHICH TO SUBMIT PLANS AND PARTICULARS OF THE RESERVED MATTERS TO BE EXTENDED FOR A FURTHER PERIOD OF 3 YEARS CONDITION 3 - THE PERIOD WITHIN WHICH TO COMMENCE DEVELOPMENT BE EXTENDED FOR A FURTHER PERIOD OF 3 YEARS OR BEFORE THE EXPIRY OF 2 YEARS FROM THE DATE OF THE APPROVAL OF THE LAST RESERVED MATTER, WHICHEVER IS THE LATER (OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT)

BRY P/2016/0628 LAND AT, GWALIA ROAD, BRYMBO, VARIATION OF CONDITIONS IMPOSED GRANTED WREXHAM, LL11 5BY UNDER PLANNING PERMISSION CODE 11/08/2016 NO P/2013/0427 CONDITION 2 - THE PERIOD WITHIN WHICH TO SUBMIT PLANS AND PARTICULARS OF THE RESERVED MATTERS TO BE EXTENDED FOR A FURTHER PERIOD OF 3 YEARS CONDITION 3 - THE PERIOD WITHIN WHICH TO COMMENCE DEVELOPMENT BE EXTENDED FOR A FURTHER PERIOD OF 3 YEARS OR BEFORE THE EXPIRY OF 1 YEAR FROM THE DATE OF THE APPROVAL OF THE LAST RESERVED MATTER, WHICHEVER IS THE LATER (OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT)

HOL P/2016/0629 YEW TREE FARM, WREXHAM ROAD, YEW TREE - REDUCE HEIGHT BY 2 M GRANTED HOLT, WREXHAM, LL13 9YU AND RE SHAPE CROWN (HOLT 02/08/2016 CONSERVATION AREA)

GRE P/2016/0640 PARK FARM, COX LANE, ROSSETT, APPLICATION FOR A LAWFUL GRANTED WREXHAM, LL12 0BH DEVELOPMENT CERTIFICATE FOR THE 11/08/2016 PROPOSED USE OF EXISTING GARAGE AS BEDROOM AND ENSUITE

ESC P/2016/0644 MAES HAFOD, FENNANT ROAD, ERECTION OF BRICK WALL WITH GRANTED PONCIAU, WREXHAM, LL14 1PG PILLARS AND FENCE PANELS (IN 08/08/2016 RETROSPECT) (TO REPLACE LEYLANDII HEDGE)

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BRN P/2016/0647 OAK VIEW, CHAPEL LANE, REMOVAL OF OCCUPANCY CONDITION GRANTED BRONINGTON, WREXHAM, SY13 3HP IMPOSED UNDER PLANNING 08/08/2016 PERMISSION CODE NO P/2016/0003

WRR P/2016/0650 56 HOPE STREET, WREXHAM, LL11 DISPLAY OF 1 NO EXTERNALLY GRANTED 1BE ILLUMINATED FASCIA SIGN AND 1 NO 11/08/2016 HANGING SIGN

WOR P/2016/0654 WILLOW LODGE, WALLINGTON ERECTION OF DETACHED GARAGE GRANTED LANE, WORTHENBURY, WREXHAM, 08/08/2016 LL13 0AN

WRO P/2016/0659 37 TREM YR EGLWYS, COED Y PITCHED ROOF OVER GARAGE TO GRANTED GLYN, WREXHAM, LL13 7QE FRONT AND EXTENSION TO REAR 03/08/2016 ROS P/2016/0662 INNISFREE, CROESHOWELL LANE, SINGLE STOREY FLAT ROOF GRANTED BURTON, WREXHAM, LL12 0LB EXTENSION TO REAR AND ERECTION 24/08/2016 OF PITCHED ROOF GARAGE IN LIEU OF EXISTING

RUA P/2016/0663 5 DUKE STREET, RUABON, REPLACEMENT WINDOWS TO FRONT GRANTED WREXHAM, LL14 6DE ELEVATIONS WITH TRADITONAL STYLE 24/08/2016 TIMBER DOUBLE GLAZED UNITS

CHI P/2016/0670 MCDONALDS RESTAURANT, CHIRK DISPLAY OF 9 NO INTERNALLY GRANTED PARK, HALTON, CHIRK, WREXHAM, ILLUMINATED FASCIA SIGN 24/08/2016 LL14 5AZ

CHI P/2016/0671 MCDONALDS RESTAURANT, CHIRK INSTALLATION OF NEW FOLDED ROOF GRANTED PARK, HALTON, CHIRK, WREXHAM, CONCEPT COMPRISING NEW 24/08/2016 LL14 5AZ ALUMINIUM CLADDING TO ROOF

WRO P/2016/0698 UNIT A, MAESGWYN ROAD, CHANGE OF USE FROM GARAGE TO REFUSED WREXHAM, LL11 2AP CARPET WAREHOUSE AND RETAIL AND 24/08/2016 DISPLAY OF 2 NO SIGNS

WRO P/2016/0703 3B PRIORY STREET, WREXHAM, DISPLAY OF ADVERTISEMENTS GRANTED LL11 1SU COMPRISING INTERNALLY 24/08/2016 ILLUMINATED FASCIA SIGN, 6 SETS OF VINYL'S TO GLAZING, 1 INTERNALLY ILLUMINATED PROJECTING SIGN AND 1 PANEL SIGN TO REAR

WRR P/2016/0708 20 EDINBURGH ROAD, WREXHAM, SINGLE STOREY SIDE AND REAR GRANTED LL11 2RG EXTENSION 24/08/2016 BRY P/2016/0742 OLD POLICE HOUSE, RAILWAY APPLICATION FOR APPROVAL OF GRANTED ROAD, BRYMBO, WREXHAM, , LL11 DETAILS RESERVED BY CONDITION 3 19/08/2016 5EA IMPOSED UNDER PLANNING PERMISSION P/2015/0661 - EXTERNAL FACING AND ROOFING MATERIALS

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WOR P/2016/0749 MULSFORD FARM, SARN, MALPAS, ERECTION OF AGRICULTURAL REFUSED WREXHAM, SY14 7LP BUILDING FOR GRAIN STORAGE 22/08/2016

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