Agenda Item No. 4 Report To

AGENDA ITEM NO. 4

REPORT TO: Planning Committee

REPORT NO. HCWD/05/14

DATE: 3 February 2014

REPORTING OFFICER: Head of Community Wellbeing & Development

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.

Page No 1

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Community Code No Applicant Recommendation Page No

PEN P/ 2013/0614 WREXHAM COUNTY GRANT 2 - 14 BOROUGH COUNCIL

WRO P/ 2013/0663 MS BELINDA BIRCH- GRANT 15 -20 GILLHAM

MIN P/ 2013/0748 MR & MRS R DAVIES GRANT 21 - 25

RUA P/ 2013/0753 MRS E CLUTTON GRANT 26 - 31

BRN P/ 2013/0756 MR & MRS MULLOCK GRANT 32 - 37

BRO P/ 2013/0777 C/O BOB DEWEY REFUSE 38 - 45 PLANNING M L & A DAVIES

RHO P/ 2013/0790 MR GETHIN JONES GRANT 46 - 53

WRO P/ 2013/0793 A & K PROPERTIES GRANT 54 - 58 MRS KATIE SHIELD

RUA P/ 2013/0797 WALES AND WEST GRANT 59 – 74 HOUSING ASSOCIATION LTD MR GARETH JARVIS

OVE P/ 2013/0800 MR LEAR GRANT 75 – 77

GRE P/ 2013/0806 REIT HEALTHCARE UK GRANT 78 – 84 LTD MR ANDREAS HOHMANN

CEF P/ 2013/0821 MR JAMIE ASHWORTH GRANT 85 – 88

CHI P/ 2013/0824 KRONOSPAN LTD GRANT 89 – 103

GRE P/ 2013/0831 MR GARY JAMES GRANT 104 – 107

WRO P/ 2013/0842 MR LEE GARRETT GRANT 108 – 111

WRO P/ 2013/0843 SCREWFIX DIRECT LTD GRANT 112 – 115

Total Number of Applications Included in Report: 16

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

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

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0614 PENYCAE INFANTS SCHOOL 03/09/2013 COPPERAS HILL PENYCAE WREXHAM COMMUNITY: LL14 2SD CASE OFFICER: Penycae PF DESCRIPTION: RE-DEVELOPMENT OF THE SITE TO WARD: COMBINE INFANTS AND JUNIORS AGENT NAME: Penycae & Ruabon SCHOOLS INCLUDING NEW WREXHAM COUNTY South VEHICULAR ACCESS, PARKING BOROUGH COUNCIL AND PLAYING FIELDS MR N BATEMAN

APPLICANT(S) NAME: WREXHAM COUNTY BOROUGH COUNCIL

______

THE SITE

Position of Existing school extension building

Dashed line – Settlement limit Position of proposed access

Shaded land – area subject to change of use

PROPOSAL

Planning permission is sought to extend the existing school building to provide additional classroom accommodation, Multi Use Games Area (MUGA), Page No 3

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 change the use of 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

19180 Alterations and extensions to existing Allowed 23/7/1991 buildings to provide 150 infants and 25 nursery pupils 20025 Siting of 1 no. double and 3 no. single Granted 1/2/1992 mobile classrooms, 1 no. mobile toilet block and 1 no. office block for teaching accommodation 21035 Change of use from nursery unit to Granted 8/3/1993 single dwelling (bungalow) and construction of new vehicular and pedestrian access

DEVELOPMENT PLAN

The application site is partially located outside the defined Penycae settlement limit and with 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 5). National Planning Guidance is contained within TANs 5 – Nature Conservation and Planning, 12 – Design, 18 – Transport.

CONSULTATIONS

A period of reconsultation was carried out on 20.1.2014 following the receipt of amended plans. Where comments were received following this exercise, those responses are shown in italics.

Community Council: No observations. Local Member: Notified Site notices: Expired 08.10.2013 Press Notice: Expired 11.10.2013 Highways: No objections. The proposal provides for adequate parking provision for members f staff and also additional parking provision for parent parking. Conditions will be required to ensure suitable visibility splays at the junction and the implementation of a Traffic Regulation Order to prevent parking across the frontage of the site which could result in increase highway congestion. Page No 4

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Public Protection: Given the previous industrial uses on and adjacent to the site and the level of made up ground, a ground contamination survey, remediation and validation methodology condition will be required. Welsh Water: Require standard drainage conditions, including a comprehensive drainage scheme to be submitted prior to the commencement of development. Natural Resources Wales: Consulted 05.09.2013 Ramblers Association: Consulted 11.09.2013 PRoW: No objection but raises concerns regarding school security if the existing footpath (No. 8) were to be enclosed in the site. CPAT: The site may contain remnants of previous colliery workings which are not recorded. Pre commencement survey and mitigation methodology will be required in order to record these features. CPRW: Consulted 11.09.2013 Other Representations: 39 neighbouring occupiers notified. 3 representations received raising the following points: • Concerned about the impact upon highway congestion and where the car park will be sited. Copperas Hill is very narrow and most residents park on the road; • If the school is to be doubled in size, this will presumably double the number of parents attempting to park; • The proposed entrance to the new car park is almost opposite the car park of the Cross Foxes public house, and might be a potential cause of accidents. • Concerned about the security of the site when the school is closed in that the playing fields may attract youths who have nowhere else to go; • The existing field is quiet with ecological value and the farmer uses the field for grazing. The playing field will become noisy with lots of litter. • There may be a demand for additional housing on the surrounding land to sustain pupil numbers at the school. • The old spoil heap is frequently used for recreation by local people, during Page No 5

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

periods when it is not used as pasture for cows. • Concern about the nature of the boundary treatment.

SPECIAL CONSIDERATIONS

Policy: 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 play ground and playing field, resulting in the need to extend the boundary of the school grounds to facilitate additional outdoor 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 MUGA, the car parking area, new vehicular access and sprinkler equipment housing. 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 (apart from the small sprinkler housing) 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.

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 staff with spaces available for parental parking. This represents a significant improvement and should help resolve some of the on street parking issues.

The relocation of the junior school from Afoneitha Road will result in parents and children living on the Afoneitha estate having to walk further to school. A Page No 6

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 safe route to the new school is provided along the residential cul de sac known as Coed y Nant and has been assessed using the Safe Routes to School criteria.

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 and a scheme to secure a Traffic Regulation Order to the front of the site to ensure that development does not exacerbate highway congestion. On this basis I do not consider that the proposal will result in detriment to highway safety and accords with policy GDP1.

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, 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.

Trees and Ecology: The level of ecological survey submitted with the application has demonstrated that there are no adverse impacts on habitats and species which could not be avoided or mitigated. This can be controlled by way of a condition requiring additional detail to be submitted prior to works commencing.

A detailed tree survey has also been submitted with the application which identifies the retention of mature tree growth to the western boundary and the removal of a group trees around the existing landscaped play area. I am satisfied that conditions can be imposed to protect the existing trees from the impact of this development and compensatory planting can be achieved elsewhere on the site as a result of the loss of the existing boundary planting as identified.

Other Matters: The proposed development would be located on land which is currently used for agricultural purposes and is designated as a sand and gravel minerals protection zone. Policy EC2 requires that development should be located as not to sterilise such high quality land and where this is unavoidable, the best managed land should be retained. The area of land subject to the change of use is classed as Grade 3, however I am satisfied that specialist evaluation of this land will not be required. I consider that the development of the land to provide for the playing field and car park will not result in an irreversible loss of the land for agricultural use or for the winning and working of the sand and gravel resource.

Page No 7

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Any concerns relating to the use of the site whilst the school is not in use and the condition of the land are matters relating to site management. The security of the school site is likely to be of paramount importance to the school management and I am therefore satisfied that disturbance to surrounding occupiers is unlikely to be detrimental to their amenity.

The development of surrounding land to sustain pupil numbers at the enlarged school is not a justification to refuse this application. Such planning applications for additional housing developments would be subject to separate consideration in relation to its sustainability and impact upon the amenity of the surrounding environmental quality, including impact upon neighbouring occupiers and highway safety.

Whilst the existing field may be used by the public for recreation, there is no designation as a formal open space or facility. The land is effectively private agricultural land. Public footpath No. 8 adjoins the development site, but this is afforded statutory protection through the planning process.

Conclusion: I consider that the proposed development accords with the general strategic and general development planning policies within the current UDP. Subject to conditions to secure the ecological value of the site, highway safety and the amenity of the surrounding occupiers I recommend accordingly.

RECOMMENDATION

That the Head of Community Wellbeing and Development be given delegated authority to grant planning permission in accordance with Regulation 3 of the Town & Country Planning General Regulations 1992 upon the expiry of the reconsultation period subject to no new significant issues being raised in accordance with the following conditions:

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. Page No 8

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

3 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 5. 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. 6. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 7. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly unless otherwise agreed in writing by the local planning authority. 9. Foul and surface water shall be drained separately from the site. 10. 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. 11. 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. 12. 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 implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. 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. 13. The tree protection fencing and ground protection measures approved in connection with condition no. 12 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. 14. 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: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2005; Page No 9

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

2) 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; 3) 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; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 15. The following activities should not be carried out under any circumstances: 1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. 3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

16. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a scheme of ecological enhancements 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. 17. The landscaping scheme submitted and approved in connection with condition no. 16 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 18. The landscaping scheme as carried out in connection with condition no. 16 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. 19. 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 Page No 10

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 implemented to protect badgers, details of which have been submitted to and approved in writing by the LPA. 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. 20. No part of the development shall commence until a Bat Roost Assessment, as carried out by a qualified ecologist, has been submitted to and approved in writing by the Local Planning Authority. The report shall include an Ecological Method statement demonstrating / identifying any measures of protection / compensation / mitigation. The recommendations as approved shall be implemented in strict accordance with timescales to be agreed before any part of the development commences on site. 21. 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. 22. 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. 23. 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. 24. 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. 25. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 26. The vehicular access hereby approved shall be a minimum width of 5.5 metres. 27. 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 Page No 11

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 shall thereafter be permanently retained clear of any such obstruction to visibility. 28. The vehicular parking and turning areas as shown on approved drawing(s) No(s). PD2009/050 Dwg no. 2 Rev B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 29. 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. 30. 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. 31. 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. 32. 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.

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 protect the amenities of the occupiers of nearby properties. 7. 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. 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 protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health Page No 12

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 and safety of existing residents and to ensure no detriment to the environment. 10. To prevent pollution of the water environment. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 12. To ensure that the retained trees are adequately protected during development in the interests of amenity. 13. To ensure that the retained trees are adequately protected during development in the interests of amenity. 14. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 15. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 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. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To protect habitats which would otherwise be damaged/lost by the development hereby permitted. 20. To protect habitats which would otherwise be damaged/lost by the development hereby permitted. 21. To protect the ecological integrity of the site. 22. This is a non-standard reason 23. To protect the amenities of the occupiers of nearby properties and to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 24. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 25. 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. 26. To ensure the formation of a safe and satisfactory access. 27. To ensure that adequate visibility is provided at the proposed point of access to the highway. 28. 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. 29. In the interests of highway safety. 30. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle. 31. In the interests of highway safety. 32. In the interests of highway safety.

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. Page No 13

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

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.

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

The applicant is advised that compliance with condition no. 5 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 Housing and Public Protection Department on 01978 315300 for further advice and information.

Applicants are advised that compliance with condition no. 6 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The Page No 14

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. ______Page No 15

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0663 41 BEECHLEY ROAD WREXHAM 23/09/2013 LL13 7AU

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa USE OF PART OF DWELLING AS MP HAIRDRESSERS (IN RETROSPECT)

WARD: APPLICANT(S) NAME: AGENT NAME: Hermitage MS BELINDA BIRCH-GILLHAM MS BELINDA BIRCH- GILLHAM

______

THE SITE

Application site

PROPOSAL

As above.

HISTORY

No recent history.

Page No 16

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

DEVELOPMENT PLAN

Within settlement. Policy GDP1, S6 and T8 apply.

CONSULTATIONS

Community Council: Concerned that there is no parking allocation and Beechley Road is already congested with residents’ on-street parking. Local Member: Notified 25.9.13 Public Protection: Condition limiting noise of any air handling plant – if appropriate. Highways: No recommendations on highways grounds. Site Notice: Expired 28.10.13 Other Representations: 7objections expressing the following concerns: - Beechley Road is and must remain residential; - Business operates for 5 days not 3 as stated; - Many different ages of clients visit the premises in addition to OAPs; - Member of staff employed for longer than stated; - Employee takes a child into the workplace – it is unsafe for a child; - Parking problems; - Loss of privacy; - Traffic noise; - Impact upon value of property and future ability to sell; - Customers should park on applicants drive; - Deeds to property prevent business being run from it; - Extra traffic - highway safety; - pedestrian safety - applicants father only used one room of the premises as an office and did not have clients visiting; - people ringing doorbell of adjacent properties by mistake;

1 letter of support with the following observations - no signs indicating the use; - the premises has a drive for 2 vehicles; - Beechley Road always has vehicles parked both sides of the road and does not present problems of congestion. Customers either walk or are ferried to the premises; - the building has sold walls rather than paper thin walls for noise to permeate; Page No 17

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

- 2 rooms used are on the exterior wall with a hallway between them and the neighbouring house; - an appointment only service is operated; - noise heard next door likely to be negligible.

SPECIAL CONSIDERATIONS

Background: The applicant operates a hairdressing business from the ground floor of no.41 Beechley Road. The rooms have not been subject to any alterations that would prevent them being used for purposes ancillary to the residential use of the property when the business is not operating. The business employs two people, the applicant and one other member of staff.

Policy: The use of a premises as a hairdressers falls within Class A1 (Shops) as defined by the Town and Country Planning (Use Classes) Order 1987. Policy S6 permits small scale shopping developments within settlement limits provided that: a) the development is safely accessible for customers on foot; b) the development does not harm residential amenity and / or does not give rise to traffic problems e.g. on-street parking that cannot be addressed; c) the sales floor area of each development does not exceed 300 square metres.

I will consider the proposals in light of the above and in respect of policy GDP1.

Accessibility on foot: Beechley Road has footpaths on both sides. Footpaths are also provided along the majority of the other roads in the vicinity. As such the site is safely accessible on foot.

Amenity: Whilst noting the concerns of nearby residents, hairdressers do not typically give rise to significant noise, odour or other forms of disturbance.

Permission is sought to operate the business Tuesdays to Saturdays between 9am and 2pm when it is more likely there will be traffic using the adjoining highway. I appreciate that Beechley Road is a residential street rather than a main through route however the proposals are unlikely to result in a significant number of additional cars using or stopping on Beechley Road so as to result in significant nuisance.

The neighbouring properties are set back a short distance from the highway and have low boundary walls to the front. Rooms at the front of these properties are already overlooked to a significant extent by passing pedestrians and drivers. A business use will inevitably result in additional Page No 18

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 visitors to the property but this will not result neighbouring properties being overlooked to any greater extent than at present.

I am confident impacts of the business use can be limited effectively by conditions that prevent any part of the premises being used as a hairdressers other than the ground floor, by making the permission personal to the applicant and limiting the hours of operation.

Highways safety and parking: I would expect a proportion of customers to arrive on foot given the location of the site within a residential area. Nevertheless it is inevitable that customers will also arrive by car. The amount of additional traffic using Beechley Road as a result of the business is will be relatively modest and unlikely to put the safety of other road users or pedestrians at risk.

The property does not have adequate off-street parking space to cater for its use as a dwelling as well as for customer parking. Customers are therefore likely to park on Beechley Road.

Many properties on Beechley Road have little or no off-street parking so on- street parking is commonplace. There are no parking restrictions along Beechley Road nor are there any dedicated or allocated on-street parking bays.

The business will operate at times when demand for on-street parking by local residents is likely to be lower. The LPG maximum parking provision for the business is 2 spaces and I am confident this level of on-street parking can be accommodated without adversely impacting upon the free flow of traffic or the ability of local residents to park.

If permission were granted for an unrestricted A1 use, it would be possible for the premises to change to a shop without planning permission. A shop is likely to require deliveries that could only be made by vehicles waiting on the highway. Delivery vehicles are far more likely to disrupt the free flow of traffic. Deliveries would also have to be transported over the pavement thus potentially impacting upon pedestrian safety. As such the premises is unsuitable for other retail uses and therefore a condition will be imposed limiting the use to that applied for.

Sales area: The business operates from two rooms on the ground floor of the premises. The floor area of the business is just under 30 square metres thus well within the limit set by policy S6.

Other Matters:

Impact upon value of/ability to sell neighbouring properties

The impact a development will have on the value of or the ability to sell a property is not a material planning consideration. Page No 19

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Restrictions in deed preventing businesses being operated

Private covenants and other restrictions imposed on the deeds of properties are not enforceable via the planning system and are not material planning considerations.

Age of clients

The type of customers who visit the business is outside of the scope of planning control. In any case the impacts of the development will not be noticeably different regardless of the ages of the customers.

Employee bringing a child to work

This is a matter outside of the scope of planning control.

Conclusion: The development accords with policies GDP1, S6 and T8.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. No part of the premises shall be used for any purpose falling with Class A1 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that class in any statutory instrument revoking and re- enacting that Order with or without amendment) other than the ground floor. 2. No part of the ground floor of the premises shall be used for any purpose falling with Class A1 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order with or without amendment) other than as a hairdressers. When not being used as a hairdressers, the ground floor shall only be used for purposes ancillary to the use of 41 Beechley Road as a single dwellinghouse. 3. This permission shall not be for the benefit of the land but shall operate for the benefit of Ms Belinda Birch-Gillham whilst she is resident at the property. When the building ceases to be occupied by Ms Belinda Birch- Gillham the use hereby permitted shall thereafter permanently cease. 4. The premises shall not be used for the purposes hereby granted planning other than between 9am and 2pm Tuesdays to Saturdays. 5. No external plant/equipment for providing mechanical ventilation or air conditioning for the use shall be installed on the premises, without first prior approval from the Council.

REASON(S)

1. In the interests of ensuring the development does not give rise to significant demand for off-street parking. 2. In the interests of highway and pedestrian safety. Page No 20

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

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. ______Page No 21

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0748 ADJACENT TO LYNWOOD 30/10/2013 MAESYFFYNNON ROAD MINERA WREXHAM COMMUNITY: LL11 3DE CASE OFFICER: Minera KH DESCRIPTION: CONVERSION OF ADJACENT WARD: VACANT STORAGE BUILDING TO AGENT NAME: Minera FORM SINGLE DWELLING BOB DEWEY PLANNING BOB DEWEY APPLICANT(S) NAME: MR & MRS R DAVIES

______P/2013 /0748 THE SITE

Vacant storage building to the west of Church Road, Minera, with the site having access to the unadopted road, Maesyffynnon Road. The building fronts onto an unmade track/footway. Minera Quarry is in close proximity to the west. Residential properties to the immediate east and west.

Footpath

Application site

PROPOSAL

To convert a former quarry storage building to a single dwelling.

Page No 22

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

HISTORY (adjoining sites)

P/2013/0651 Erection of new retaining wall. Granted 04.11.13 P/2011/0818 Two-store extension. Granted 13.01.12 P/2008/0941 Change of use of redundant building. Granted 05.01.09 P/2007/1196 Renovation of cottage. Withdrawn 10.12.07

DEVELOPMENT PLAN

Outside settlement and located within a SAC, SSSI and AONB. Policies PS2, GDP1, EC4, EC6, EC12, T10 and H3 of the Wrexham UDP refer.

CONSULTATIONS

Community Council: Following issues raised: - Development encroaches onto former railway track which will be protected as a bridal way, walkway - Cars not permitted to park on this stretch of land. Local Member: Notified 06.11.13 Public Protection: Condition required regarding construction hours. Highways: Maesffynnon Road is narrow with few passing bays and would not be suitable for significant new traffic generation. However, given application is for one dwelling it is not considered the proposal will impact detrimentally on the road. CPAT: Photographic survey required Ramblers: Object as the parking area is on a public footpath and driving on a path is illegal under the Road Traffic Act whilst parking is an obstruction to a right of way. Natural Resources Wales: Does not object to the proposal and does not compromise any of the natural heritage interests. A suitable Bat Survey and Assessment has been submitted. Conditions will be required for compensation and Reasonable Avoidance Measures. Other Representations: Letter signed by 7 signatories objecting on the grounds of increased traffic and the proposal outside the settlement limit. Minera Quarry Trust: Object in its current form as the parking spaces obstruct a Right of Way and any diversions should be resolved before determination of the application. The obstruction would impede a historic access route and deter future visitors to the area. The quarry could become a significant tourist attraction and the Quarry Trust in Page No 23

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

conjunction with North Wales Wildlife Trust are looking to obtain the site. Site Notice: Expired 17.12.13 Press Notice: Expired 03.01.13

SPECIAL CONSIDERATIONS/ISSUES

Policy: Policy H3 enables the conversion of buildings outside of settlement limits to be converted to residential subject to specific criteria – building structurally sound, inherent characteristics of merit retained and the resulting curtilage not constituting an undesirable intrusion into the landscape. A structural appraisal accompanies the application and confirms structural stability of the building, the character will largely be retained and the curtilage will not be visually intrusive.

Highways and Rights of Way: The site has access onto an unadopted road subject only to the national speed limit although vehicular speeds are considered to be no more than 20mph due to the geometry of the road. Maesyffynnon Road, is narrow and with few passing paces and is not suitable to cater for significant new traffic generation. However, given that the application is for a single dwelling it is not considered that the proposal will detrimentally impact on the highway.

However, a problem exists with proposed parking as it would be provided on land considered to be a Public Rights of Way and discussions are on-going between the Council’s Public Rights of Way Officer and the applicant to consider an area of land which could be utilised for parking without compromising the Right of Way.

Natural Heritage Interests: The application site is located within and adjacent to the boundaries of Ruabon/Llantyslio Mountains and Minera Site of Special Scientific Interest (SSSI). Natural Resources for Wales do not consider the proposal will be likely to affect the integrity, functionality or features of the statutory site. NRW’s legacy body CCW previously accepted part of the site could be used as domestic garden. It would appear a further consent would be required from Natural Resources Wales to utilise all of the garden proposed. The existing consent restricts the species of plants that can be planted, types of stored materials during conversion works and the method of working to prevent possible damage to the SSSI, including submission of a biosecurity risk assessment. Discussions are on-going with the applicant and NRW.

The application site is also located within 500m of Berwyn and South Clwyd Mountains Special Area of Conservation (SAC) but NRW are satisfied the scheme will not affect the features, conservation objectives and integrity of functionality of the statutory site. The application site is also located within Clwydian Range and Dee Valley Area of Outstanding Natural Beauty. NRW and The Clwydian Range and Dee Valley, AONB Joint Advisory Committee Page No 24

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 are both satisfied it will not affect the character and integrity of the statutory protected landscape.

Bats: A survey and assessment also accompanies the application with regard to bats. NRW and the Council’s Ecologist are satisfied the application has been subject to an acceptable survey and assessment. Conditions will be required in regard to mitigation and conservation proposals together with roost access points and submission of Reasonable Avoidance Measures. A Biodiversity Risk Assessment will also need to be conditioned.

Conclusion: The conversion of a building within open countryside is, in principle, acceptable and I am satisfied the building is structurally sound. However, I do have specific concerns regarding the proposed parking and the extent of the garden within a SSSI. Objections have been raised to the likely obstruction of a Public Right of Way by the associated parking and discussions are on-going between the applicant and the Council’s Rights of Way Officer. If parking could be located in any area which did not compromise the right of way then this would overcome the objections.

I am also clarifying the position of Natural Resources Wales in regard to the extent of the garden within the SSSI and the requirement of any further consents from NRW.

Subject to the above issues being adequately addressed I am satisfied the scheme will be acceptable.

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. 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 and E of Schedule 2 Part 1 other than the development hereby granted permission. 3. Notwithstanding the details indicated on the approved plan, before the dwelling is first occupied, details of parking spaces to be used exclusively for the use of the occupiers of the dwelling shall be submitted to and shall be approved, in writing, by the Local Planning Authority. The spaces shall be located and shall be accessed clear of the public rights of way. The spaces shall be provided and shall be retained clear of obstruction thereafter. 4. No further work shall be carried out to the building until details of proposed Reasonable Avoidance Measures (RAMS), detailed bat conservation proposals including plans identifying all mitigation and conservation proposals together with roost access points and details of an exterior/interior light spillage scheme has been submitted to and approved, in Page No 25

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 writing, by the Local Planning Authority. Works shall only be carried out strictly in accordance with the approved scheme and retained thereafter. 5. No further works shall be carried out until the submission of a biosecurity risk assessment has been submitted to and approved, in writing, by the Local Planning Authority. The scheme, as approved, shall be fully implemented for the duration of the works. 6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the Council's policies for development in the countryside to protect Natural Heritage Interests, to protect the amenity of adjoining properties and to ensure adequate parking can be provided. 3. In the interests of safety and convenience of occupiers of the dwelling and pedestrians and other users of the footpaths. 4. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 5. To protect wildlife/nature conservation interests. 6. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

The applicant is advised that compliance with condition no. 6 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. ______Page No 26

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0753 CHESTNUT COTTAGE 4 NEW 05/11/2013 COTTAGES PENYLAN RUABON WREXHAM COMMUNITY: LL14 6HW CASE OFFICER: Ruabon PF DESCRIPTION: TWO STOREY EXTENSION TO THE WARD: SIDE OF EXISTING COTTAGE TO AGENT NAME: Penycae & Ruabon FORM ANNEX ACCOMMODATION MILES DESIGNS South FOR SOLE USE IN CONNECTION MR S H MILES WITH CHESTNUT COTTAGE (4 NEW COTTAGES)

APPLICANT(S) NAME: MRS E CLUTTON ______

THE SITE

Shading denotes footprint of new Position of extension access

PROPOSAL

Planning permission is sought to erect a two storey extension to the side of the existing dwelling to create annexe accommodation. The proposal will Page No 27

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 increase the number of bedrooms at the property from three to four and a link will be retained between the extension and the main dwelling house at ground floor level. The proposal also includes for improvements to the existing parking arrangements.

HISTORY

None.

DEVELOPMENT PLAN

The site falls outside any defined settlement limit. Policies PS2, GDP1, EC4 and T8 are relevant. Local Planning Guidance Notes 13 – Housing in Countryside, 16 – Parking Standards and 20 – House Extensions are relevant.

CONSULTATIONS

Community Council: No objections. Local Member: Notified 06.12.2013 Site notice: Expired 06.12.2013 Other Representations: 7 neighbouring occupiers notified. 3 representations received raising the following points: • The proposed septic tank will not accommodate the additional throughput generated by the new annexe; • The extension will limit the physical access along the side of the property which is required to access Nos. 2 and 3. Future access and maintenance should be maintained.

APPLICANT’S SUBMISSION

The applicant’s agent has submitted further correspondence in the form of a rebuttal to the points made by the neighbouring occupiers. I have summarised the points made below. • The applicant has agreed that should planning approval be given and the development goes ahead she will provide a new bio-disc small sewage treatment plant to serve her property only. It will be noted from the site plan that the applicant owns more than enough garden to situate this well away from the houses; • The footpath does serve as an access to the neighbouring properties, but it is wholly within the control of the applicant. There is nothing within the deeds stating a minimum width – 900mm is deemed to be a suitable width to maintain access. Page No 28

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

• Currently the access is not used and is overgrown in places. The applicant intends to erect a new fence and maintain the pathway open for the duration of the works. Occasions are seldom whereby the neighbouring occupiers rely upon or have chosen to use this access for the delivery of fuel oil.

SPECIAL CONSIDERATIONS

Design: Extensions to dwellings in open countryside locations are acceptable in principle. Guidance is contained in Local Planning Guidance Notes 20 – House Extensions and 13 – Housing in the Countryside, which advises that the floor area of new extensions should be limited to one third of the existing floor area of the dwelling. This is in order to ensure that the extensions remain subsidiary to the main dwelling house and to maintain a high standard of design to ensure that the openness of such rural locations is retained.

The proposal seeks to erect a two storey side extension which would continue the existing roof line of the terrace of properties and would equate to an addition at the same width of the as the existing dwelling – this represents an approximate floor area increase of 66%. Whilst this is beyond the figure recommended in Council guidance, special consideration must be given to a similar extension which has been erected at No. 1 Chestnut Cottages. Because of this, I consider that the proposed extension will create a balanced appearance across the entire terrace which will eliminate any potential incongruous appearance. As the shape of the extension has been designed to be sympathetic to the existing dwelling I am satisfied that the proposal will make a positive contribution to the street scene. Conditions to control the proposed materials will be required.

Previous extension at No.1

Position of proposed extension

Frontage of application site in the context of the terrace of properties

Amenity: The nearest neighbouring dwelling to the proposal which could be impacted by the development is known as Oak Lodge to the east. The rear of Page No 29

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 the proposed extension includes habitable rooms at ground and first floor. Its footprint is offset against the western elevation of Oak Lodge (which does not contain any habitable windows. Potential overlooking into the northern elevation of Oak Lodge is unlikely due to the acute angle. I am satisfied that this proposal will not result in a loss of residential amenity to neighbouring occupiers.

Trees: There is a mature tree to the southern boundary of the application site which is identified for removal. This tree has been assessed as having a low amenity value given its isolated position within the remote plot. As such, its removal is not considered harmful to the wider environmental character of the area. Although replacement tree planting is sometimes desirable, this particular site is will not benefit from any replacement tree planting within this area.

Other matters: The application documentation refers to alterations to an existing access along to the southern boundary of the site which serves Nos 2 and 3 Chestnut Cottages. As this relates to a private access, this is not a matter for consideration as part of this process and is a civil matter between the parties involved.

The applicant will be required to demonstrate that suitable drainage to the development can be achieved through the Building Regulations process. The improvement and maintenance of private foul drainage facilities is a matter between those who have shared responsibility for the system.

Conclusion: I am satisfied that the proposed extension will not cause detriment to the character of the street scene or the amenity of the surrounding 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. 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 vehicular parking and turning areas as shown on approved drawing(s) No(s). 07 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 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. Page No 30

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

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 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. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

The applicant 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 compliance with condition no. 04 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

Page No 31

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0756 2 BAY TREE BARNS MILL ROAD 05/11/2013 BRONINGTON WHITCHURCH SY13 3HJ COMMUNITY: CASE OFFICER: Bronington DESCRIPTION: PF CHANGE OF USE OF LAND COMPRISING THE SITING OF 3 NO. WARD: YURTS FOR TOURIST AGENT NAME: Bronington ACCOMMODATION AND PILATES GARY CHESTERS - CLASSES AND CHANGE OF USE OF BUILDING SURVEYOR EXISTING AGRICULTURAL BUILDING FOR ASSOCIATED WELFARE FACILITIES WITH ASSOCIATED PARKING AND ACCESS ARRANGEMENTS.

APPLICANT(S) NAME: MR & MRS MULLOCK

______

THE SITE

Grey shading – Application Site land also owned by applicant

Position Access to be of Yurts improved WC facilities

Separate residential property

Page No 33

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The application site is located to the rear of Nos. 1 and 2 Bay Tree Barns and would share vehicular and pedestrian access with these properties. The site itself is located some 1.1km from south of the A525 and 0.2km north of the settlement limit of Bronington.

PROPOSAL

Planning permission is sought for the change of use of agricultural land to visitor accommodation, the erection of 3 no. yurts, alterations to part of the existing barn to provide for WC facilities and to carry out associated improvements to the existing vehicular and pedestrian access to the site.

HISTORY

CB03385 – Erection of conservatory. Granted 22.07.1999 (Bay Tree Farm)

P/2000/0709 – Erection of garage. Granted 22.09.2000 (1 Bay Tree Barns)

P/2007/0432 – Certificate of lawfulness for the existing use of the building as workshop and storage for bespoke joinery. Pending

DEVELOPMENT PLAN

The site is located outside any settlement limit as defined in the Wrexham UDP. Polices PS2, GDP1, CLF9, CLF10 and T8 are relevant. Local Planning Guidance Note 16 – Parking is also relevant. National Planning Policy is contained in Planning Policy Wales (Edition 5) (PPW), TAN 6 – Planning for Sustainable Rural Communities and TAN 13 – Tourism.

CONSULTATIONS

Community Council: Consulted 7.11.2013 Local Member: Notified 7.11.2013 Site Notice: Expired 10.12.2013 Natural Resources Wales: Consulted 7.11.2013 Highways: No objection subject to conditions to secure improved access. Public Protection: No comments. PRoW: Consulted 20.11.2013 Other Representations: 5 neighbour occupiers notified. 1 representation received raising the following points: • Suitability: the site has already been over developed into a barn conversion of homes, builders office and yard which has already been the subject of a complaint. The addition Page No 34

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

of a tented holiday complex, which could grow is not suited to a rural village with no other facilities for tourism. There is the possibility for increased noise. • Highway safety/traffic: the entrance to Bay Tree Barns is on a bend of a road where the speed limit is currently 60mph

ENVIRONMENTAL IMPACT ASSESSMENT

Due to the site area, the proposal was screened under the provisions of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 as to whether the proposal would have any environmental impacts of more than local significance. A Screening Opinion was adopted on 12.12.2013 confirming that Environmental Impact Assessment was not required.

SPECIAL CONSIDERATIONS

Policy: This proposal relates to the change of use of land and part of an existing agricultural building to allow for the siting of 3 no. yurts and associated welfare facilities (W.C / showers) to be used for tourist accommodation and for the ad hoc Pilates classes.

The current Wrexham UDP does make provision for visitor accommodation outside settlement limits by way of conversion of existing rural buildings (CLF9) or by the provision of touring caravan and camping sites (CLF10). The proposal currently under consideration does not strictly accord with these policies in that the yurts, whilst they can be dismantled and removed, are proposed to remain permanently on site throughout the year. Therefore, the main issue to consider is whether the siting of the yurts and the use of the site for tourism accommodation would have an adverse impact upon the wider environmental character and whether the proposal would accord with the general development principles of policy GDP1. Given the similarities of this proposal to a touring caravan site and camping site, I have therefore considered this scheme in accordance with the selection criteria of policy CLF10 which states that such proposals will be permitted where: a) the site is unobtrusive and well screened without the need for additional strategic landscaping; b) the site is not located within a green barrier or Special Landscape Area; and c) the site is used for touring purposes only.

Amenity: The application site is not within Green Barrier or SLA. The position of the proposed yurts is within an existing paddock which benefits Page No 35

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 from mature boundary vegetation of native hedging and a large group of trees to the eastern boundary. 3 no. yurts, which are formed of a timber frame with a white canvas covering with a timber decked area proposed in this paddock. The structures are proposed to be retained year round.

The nearest properties are to the frontage of the site (No. 1 Bay Tree Barn and Bay Tree Farm) adjacent to Mill Road. I am satisfied, given the existing landscaping and the positioning of these structures away from the dwellings, that they will not have an adverse impact upon the wider landscape character or the residential amenity enjoyed by the neighbouring occupiers by way of detrimental noise generation or visual impact. The utilisation of an existing building, away from the dwellings for the provision of welfare facilities also reduces the need for additional structures and associated equipment in the open.

The applicant seeks to retain the yurts all year round. I do not consider that this would present the risk of future development of the site for permanent residential accommodation. Policy H10 of the current UDP does not allow for the replacement of prefabricated structures with permanent dwellings. A condition which restricts the units to holiday accommodation only and to prevent any of the units as a person’s sole unit of accommodation will be required.

I am therefore satisfied that the policy would accord with the selection criteria described in policy CLF10.

Highways: The proposal seeks to make satisfactory improvements to the existing access to facilitate an anticipated material increase in traffic movements into the site. The detail also indicates that adequate visibility from the site can be achieved in accordance with national planning policy.

The application site is located in close proximity to the centre of Bronington with direct access along Mill Lane to the A525 (Wrexham to Whitchurch) road. Each of the 3 yurts can accommodate up to 4 people and are likely to be used by couples or families. It is therefore unlikely that this use would generate a significant increase in vehicular movement at the access and the surrounding highway network to the detriment of highway safety and adequate on site parking provision has been demonstrated.

Other matters: Concerns have been raised regarding the suitability of Bronington as a location for tourism accommodation. As stated above, the site is located within walking distance of Bronington and within convenient access of the A525. The applicant has identified various target local tourism facilities within the County Borough that this development could serve. I consider that this site is well served by the local highway network and there is a local shop within the village which could serve visitors to this location. I am therefore satisfied that this site is suitable for such a use.

Page No 36

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The applicant utilises the existing building on site as a storage area and workshop in connection with a construction contracting business. This detail has been confirmed by the applicant. An application for a lawful development certificate from 2007 remains pending in relation to this building for its continued use as a workshop and storage for a bespoke joinery business. This application stalled as further information was requested by the Council at the time of application. Nevertheless, I have considered the proposed use for the tourist accommodation and the ongoing use of the building for the builders’ storage and workshop and I am satisfied that the level of traffic generation and associated noise is unlikely to result in a detrimental cumulative impact upon residential amenity. On the basis that the applicant has provided conflicting information regarding the use of this existing building I have written to applicant to seek clarification on this matter with a view to regularising the situation.

Conclusion: Subject to conditions to control improvements to the existing access and to control the level of accommodation on the site I am satisfied that this proposal is acceptable.

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 be implemented in accordance with the approved plans comprising 13 - 155a dated October 2013. For the avoidance of doubt permission has been given for the erection of three Yurts as defined in the application and not for any other form of holiday accommodation, and the disposition of the units of holiday accommodation on the approved site shall be as indicated on the drawing 13 -155a dated October 2013. 3. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 120 metres to the south east and 2.4 metres x 56 metres to the north west measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 4. 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. 5. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 13-155a dated October 2013 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 6. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. Page No 37

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

7. 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. 8. The occupation of the development hereby approved shall be limited to holiday accommodation only and shall not be occupied as a person's sole or main place of residence. 9. 9. Prior to its first installation, details of any external lighting shall be submitted to and approved in writing by the Local planning Authority. Any lighting shall thereafter be installed and subsequently retained in accordance with the approved details. 10. Prior to the first use of the development hereby approved, a scheme to deal with the onsite storage and collection of waste from the use of the site shall be submitted to and approved in writing by the Local Planning Authority. The use of the site shall thereafter be undertaken in accordance with the requirements of the approved scheme.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In order to define the terms of the planning permission. 3. To ensure that adequate visibility is provided at the proposed point of access to the highway. 4. In the interests of highway safety. 5. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. 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. In the interests of protecting the character and appearance of the open countryside. 9. In the interests of protecting the character and appearance of the open countryside.

10. In the interests of ensuring satisfactory provision is made for waste storage and collection, in the interests of protecting the character and appearance of the open countryside.

NOTE(S) TO APPLICANT

The applicant is advised that this proposal relates purely to the installation of structures in relation to holiday accomodation. These are removeable, pre fabricated structures of a temporary nature of cosntruction. They will not be considered suitable for conversion or replaceable under the Council's rural housing policies. ______Page No 38

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0777 LAND SOUTH OF 4 CEFN ROAD 12/11/2013 LODGE WREXHAM LL11 5NP COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: MP OUTLINE APPLICATION FOR THE ERECTION OF THREE DWELLINGS WARD: INCLUDING WIDENING OF ACCESS AGENT NAME: Bryn Cefn DRIVEWAY AND PROVISION OF BOB DEWEY PLANNING VEHICULAR TURNING AREA. BOB DEWEY

APPLICANT(S) NAME: M L & A DAVIES C/O BOB DEWEY PLANNING

______P/2013 /0777 THE SITE

As above.

Application site

Settlement boundary

Page No 39

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

PROPOSAL

Outline permission is sought for 3 dwellings. Approval for access is sought at this stage with all other matters reserved for subsequent approval.

HISTORY

BRO18148 Residential development and construction of new vehicular and pedestrian access. Granted 10 September 1990. BRO21123 Residential development (maximum of 2 dwellings) and construction of new vehicular and pedestrian access (renewal of previously approved outline planning permission). Granted 6 April 1993. [Site at that time was not within a green barrier] CB/00078 Residential development and construction of new vehicular access (previously permitted under code no. 21123). Refused 29 July 1996 CB/02717 Erection of 2 no. detached bungalows and constriction of new vehicular and pedestrian access. Refused 11.1.99. Appeal dismissed. P/2013/0720 Outline application for the erection of four detached dwellings. Refused 22.11.12

DEVELOPMENT PLAN

Outside of settlement and within Green Barrier. Policies PS1, GDP1, EC1 and H5 apply.

CONSULTATIONS

Community Council: Opposes the application as it outside the settlement limit. Local Member: Notified 14.11.13 Public Protection: Recommend condition regarding contaminated land and hours of working when construction takes place. Also recommend notes regarding measures to limit impact of construction. Highways: Recommend permission be refused for the following reasons:- - there is restricted visibility at the existing access and increased use would increase the likelihood of danger to road users; - the site is approached from the B5101 Kent Road by means of a narrow unmade road, which is considered substandard in width and junction layout to act as a mean of access to further residential development; Page No 40

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

- it is considered that the proposed road widening scheme may be detrimental to highway safety on Cefn Road. Welsh Water: Recommend drainage conditions. NRW: Consulted 14.11.13 Rights of Way: Concerns regarding the vehicle turning area. It will be adjacent to the end of Broughton Public Footpath 12. Would prefer the turning area located adjacent to the northern-most dwelling. Ramblers: Consulted 14.11.13 Site Notice: Expired 12.12.13. Other Representations: 1 representation stating no objection and expressing the following comments: - can not understand Wrexham Planning objecting to building on this land as it had outline planning permission on it some time ago, as it is now an eyesore and I think most people on Cefn Road would like to see it developed; 3 representations expressing no objection. 1 representation where the sender is not against the development but the access issues it will throw up and have the following concerns; - by making the road wider people will park along it so there will be no gain; - the parking will block access to existing property; - why are there 3 separate accesses to the dwellings; - the turning point will become another place to park; - a strip of land does not belong to the applicant; -disruption when building takes place.

3 representations objection and expressing the following concerns; - proposed road widening takes land that doesn’t belong to the developer; - only verbal agreement to exchange land to allow road widening to take place; - proposed turning point is unsuitable due to lack of visibility, high voltage power poles and transformers; - increased wear and tear of Cefn Road; - overlooking; - potential drainage problems; - increased traffic of Cefn Road onto Kent Road/highway safety problems; - the land is Green Barrier;

Page No 41

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

SPECIAL CONSIDERATIONS

Background: Outline permission for 4 dwellings on the site was refused last November on the grounds that: i) the site lay outside of the settlement limit and within the Green Barrier; and ii) Cefn Road, due to its width and restricted visibility at its junction with Kent Road was unable to safely accommodate the traffic associated with the development.

This is a resubmission of the previous proposals incorporating the following changes:

i) a reduction in the number of proposed dwellings from 4 to 3; ii) an assessment of the junction of Kent Road and Cefn Road carried out by a Highways consultant; iii) Proposals to widen Cefn Road from its junction with Kent Road to and across the frontage of the site.

Policy: The development does not accord with any of the exceptions to the otherwise strict control over development outside of settlements and is also inappropriate development within designated Green Barriers. The development therefore does not accord with policy H5 or EC1.

Housing Land Supply: The most recently published Joint Housing Land Availability Study (2012) found that Wrexham as a housing land supply of 3.5 years which equates to a need for an addition 673 dwellings to be granted planning permission in addition to those already benefitting from planning permission. The 2013 Joint Housing Land Availability Study has yet to be published but is expected to show that Wrexham’s housing land supply remains significantly below 5 years.

Planning Policy Wales requires local planning authorities to maintain a 5 year housing land supply. The lack of a five year housing land supply is a material consideration of significant weight if favour of granting planning permission for land that otherwise would not normally be released for development. However this must be balanced against consideration of the merits of the site against other planning considerations.

Whilst each application is dealt with on its own merits, there are some notable similarities between this site and an application to develop land at Afoneitha Road in Penycae (P/2013/0003). Both sites are comparatively small, both lie adjacent to but outside of the settlement limit and both lie within the Green Barrier.

Page No 42

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The Council’s refusal of permission for residential development on the Afoneitha Road site was upheld on appeal in July 2013. The Inspector concluded that: i) the development of the site would be inappropriate and contrary to local and national policies in respect of Green Barriers; ii) where Green Barriers should apply should be reviewed as part of the development plan; iii) there had been no changes in physical circumstances of the site or its location to suggest its includes as part of the Green Barrier in the UDP is now obviously wrong; iv) the development would reduce the degree of openness which the site contributes to the Green Barrier; v) despite the lack of a 5 year housing land supply, the use of Green Barrier land is not necessary or desirable.

Suitability of the site: Part of the site is occupied by the embankment of a former railway line. The railway line has been abandoned for a considerable period of time and has now blended back into the natural landscape. Planning Policy Wales advises that land where the remains of any structure or activity have blended into the landscape over time so that they can reasonably be considered part of the natural surroundings is excluded from the definition of previously development land.

Whilst the Design and Access Statement refers to fact that that some remodelling/engineering works has taken place in the past, these works were unauthorised engineering works carried out around in the late 1990’s. The site has also been recently cleared. These works do not change the status of the site to previously developed land.

Although Kent Road benefits from an hourly bus service to Brymbo and Wrexham there are shops, only limited community facilities and few employment opportunities close proximity to the site. There are also currently only limited local facilities in Brymbo and the nearest primary school in Pentre Broughton is around 1km away via Kent Road, Station Road (Pentre Broughton) and Long Lane (Pentre Broughton). Whilst use of a public right of way would reduce that distance to around 400m the path does not appear well maintained, properly surfaced or provided with lighting so is unlikely to be a suitable walking route to the school.

In my opinion the above factors make the site a comparatively poor one in terms of promoting sustainable modes of transport and access to employment services and facilities. Indeed development of the site is likely to promote rather than discourage use the private cars.

The lack of local facilities means the development will not bring any benefits in terms of supporting shops, public houses or other facilities in the immediate locality. Nor is a development of 3 houses (by itself) likely to increase demand sufficiently to make the provision of new facilities in Lodge a viable proposition. Page No 43

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The planning inspector for the 1999 appeal decision (reference CB/02717) referred to Lodge as ribbon development with land that is rural character around it. He concluded that the erection of the 2 dwellings then proposed would extend built development beyond existing limits into what is still a predominantly rural landscape. I am of the opinion this remains the case.

I recognise that a small number of housing developments have been taken place within the settlement limit of Lodge it in recent years, however the settlement limit is very tightly drawn is clearly intended to limit the potential for and the extent of additional housing. Whilst the UDP does not give reasons for extent of the settlement limit of Lodge specifically, paragraph 3.6 states that the UDP settlement strategy “reflects the potential which some settlements have for further development while recognising that, in others, development opportunities are severely constrained”. Lodge’s settlement limit is therefore arguably an acknowledgement of its relatively poor location in respect of employment, services and facilities.

Green Barrier: The site lies within the Green Barrier that separates Lodge and Brymbo from Pentre Broughton. It is clear that the purpose of this Green Barrier is to prevent the coalescence of these settlements and to safeguard the countryside between them.

Whilst the applicant’s agent suggests that a small reduction in Green Barrier land will not be harmful, if accepted this argument could be used too often to support small scale developments on the edges of settlements. Furthermore the boundaries of areas designated as Green Barriers cannot be reviewed or reconsidered on a case by case basis and but only as part of the preparation of the Wrexham Local Development Plan.

I appreciate that the lack of a 5 year housing land supply is a consideration of significant weight and may justify the release of land in some cases, however it does not, by itself, automatically mean Green Barrier land will or should be released for development. Each case must be considered on its merits and inevitably some sites will be found unsuitable for development. I have already given reasons above why I consider this site to be unsuitable for development.

The supporting documents make reference to the derelict state of the site. I do not believe the condition of the land is a reason to support the application. If permission were granted on this basis it would encourage land owners to allow their properties to fall into states of disrepair in the hope of improving the prospects of obtaining planning permission that otherwise would not be given. In any case, the applicants could improve the appearance of the site by lesser means.

Highways: Visibility at the junction of Cefn Road with Kent Road is significantly below recommended standards with no scope for the applicants to be able to deliver any improvements.

Page No 44

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Cefn Road is very narrow and unable to safely accommodate additional traffic and in response a road widening scheme has been proposed using land to the front of both no.3 and no.4 Cefn Road as well as the application site. Whilst the scheme would mean an 80 metre section of Cefn Road potentially being able to be used by two way traffic Highways have advised the scheme may actually prove detrimental to highway safety.

There appears to be inadequate or inconveniently located off-street parking for some of the properties accessed off Cefn Road as evidenced by cars being regularly parked in two laybys on Kent Road. If the development were allowed to go ahead, there is a risk that residents will simply park their cars on the widened section of road instead thus negating any benefit of the road widening scheme.

Even if vehicles do not park on the widened section of Cefn Road, the proposals are likely to be permit vehicles to travel at increased speeds. Given the much narrower width of the road beyond the site to the south (around 2.6 metres), increased speeds are likely to prove detrimental to highway safety.

In addition to the above, the ability of the applicant or a future developer to be able to fully implement the scheme is in doubt. Whilst they have will have full control over land within the application site, nearly half of the road widening scheme requires land in third party control. The applicant does not appear to have any formal agreement to purchase the land or to ensure it is retained and maintained in perpetuity as widened highway.

Whilst Grampian style conditions can be imposed in respect of off-site works there must be a reasonable prospect that those works can be carried out. I am not convinced that there is a reasonable prospect is the case.

Amenity: The layout of the site and the detailed design of the dwellings would be considered at reserved matters stage should outline permission be granted. The indicative plans suggest that the dwellings would be around 15 metres from the rear of a number existing dwellings that back onto Cefn Road. The application site is elevated relative to both those dwellings and to Cefn Road so I would anticipate the floor levels of the proposed dwellings being higher than neighbouring properties.

A separation distance of 15 metres would be below LPG21 guidelines however I do not believe this would be a valid reason to refuse permission in this instance. The existing properties bounding Cefn Road are already significantly overlooked from passing cars and pedestrians. As such the proposed dwellings would not significantly reduce the standards of privacy enjoyed by existing occupiers. Careful design could also limit the number of windows serving habitable rooms that face existing properties as well as ensuring the dwellings do not prove overbearing.

Page No 45

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

I appreciate that construction works are likely to result in a degree of disruption. However any disruption will be relatively short term and can be mitigated by limiting hours of work and by careful site management.

Conclusion: The site is outside any settlement limits and within a defined Green Barrier. The development will harm the openness of the Green Barrier and be an undesirable intrusion into the rural landscape. The submissions also fail to demonstrate that it will be possible to provide the development with a safe and satisfactory means of vehicular access. The proposals are contrary to Policies PS1, GDP1, EC1 and H5 of the Wrexham Unitary Development Plan.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The site is outside any settlement limits as defined in the Wrexham Unitary Development Plan and within a defined Green Barrier. The development will harm the openness of the Green Barrier and be an undesirable intrusion into the rural landscape. It therefore conflicts with Policies PS1, GDP1, EC1 and H5 of the Wrexham Unitary Development Plan.

2. Due to its limited width and the restricted visibility at its junction with Kent Road, Cefn Road is unable to safely cater for the additional traffic that will be generated by the development. Whilst a scheme of road widening has been proposed, the implementation of the scheme lies on third party land with no mechanism in place to enable its implementation to be secured. Furthermore the scheme itself has the potential to prove detrimental to highway safety. Consequently the development will not be provided with a safe and satisfactory means of vehicular access and therefore conflicts with policy GDP1(d) of the Wrexham Unitary Development Plan. ______Page No 46

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0790 STRYT LAS FARM STRYT LAS 16/11/2013 RHOSLLANERCHRUGOG WREXHAM COMMUNITY: LL14 2DA CASE OFFICER: Rhos PF DESCRIPTION: IMPORTATION OF INERT STONE WARD: AND SOIL TO RAISE AND REGRADE AGENT NAME: Pant GROUND LEVELS AROUND MR GETHIN JONES DWELLING, ERECTION OF BOUNDARY FENCES AND USE OF SITE AS ADDITIONAL RESIDENTIAL CURTILAGE (PARTLY IN RETROSPECT)

APPLICANT(S) NAME: MR GETHIN JONES

______

THE SITE

Dwelling

Disputed parking area (subject to change of use)

Area currently fenced

Page No 47

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

PROPOSAL

Planning permission is sought partly in retrospect for the change of use of land to form part of the residential use of Stryt Las Farm, the importation of soil to re-grade land within land subject to the change of use and also to erect a 1.95m high sawn vertical lap fence.

HISTORY

None.

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and T8 are relevant. Guidance is contained in Local Planning Guidance Note 16 – Parking Standards.

CONSULTATIONS

Community Council: Consulted 20.11.2013 Local Member: Notified 20.11.2013 Site Notice: Expired 17.02.2013 Public Protection: Require condition to ensure that any imported material is free from contamination. NRW: No objection but request a bio-security survey to ensure that no invasive species have been brought to the site. Other representations: 17 neighbouring occupiers notified. 11 representations received raising the following points: • The land has been enclosed which is public land and is not for sale by Wrexham Council. The land has a long established public use and should not be enclosed in its entirety for the purpose of extending the curtilage or a private dwelling; • The proposal has a negative impact upon highway safety through the loss of public amenity. The plot in question has been used since the 1960s as an area for safe off street parking and in this high density area it provides the only safe public parking in the vicinity and has been a successful community led solution. Although on street parking is Page No 48

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

legal on the B5097 it is inadvisable and we are sure that the loss of the amenity space would have detrimental impact upon highway safety contrary to GDP1; • The proposal discriminates against the disabled and the elderly in the locality through the loss of public amenity. There are various members of the community who would not be able to use this facility and would result in a number of knock on effects, most notably a demand for similar facilities elsewhere and the need for assisted living facilities in the area. This would be contrary to policy TAN12 – Design, WCBC Disability Equality Scheme 2009-2012 and the Equality Act 2010; • An appraisal of the local context is absent from the planning proposal, more specifically seeking to extirpate a well used portion of public realm for the sake of extending an existing private dwelling; • Community or local planning authority consultation has not been carried out and the proposal does not take into account the local opinion regarding the loss of open space; • The land would be better used as a community asset and now it is registered to the Council; • The plot of land which is the subject of further woks is an important asset to those who live in close proximity to the site. Due to the highway conditions (congestion and weather conditions) this has been a space to park vehicles safely. Its loss would be detrimental to highway safety as those who park their car on the land will no longer be able to; • Works have continued without the granting of planning permission including incremental dumping of material on the land by various contractors; • The plans are inaccurate / misleading and are not a true representation of the amount of earth brought on to the site; • The fence is too high and there are restrictions which limit the fence to 1m Page No 49

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

and they should be reduce immediately. The height and design is more akin to an industrial estate. Such applications are occurring all over the County Borough resulting in excessively high boundary fences. These fences will deteriorate over time and fly posters and graffiti artists see them as attractive and burglars welcome the screening they provide; and • The use of gravel is not appropriate as it is a cheap material and spreads over the highway unless retained in the site.

SPECIAL CONSIDERATIONS

Public Open Space: The land subject to the planning application is currently in two different ownerships as described on the plan at the beginning of this item. Works have already occurred on site which includes the importation of materials to raise the level of the land and for the erection of a two metre high timber fence. This application also includes a change of use element to incorporate a small parcel of land into the residential boundary of Stryt Las Farm and to enclose this land with similar style fencing.

The small parcel of land is not designated as open space within the Council’s 2009 Open Space Survey and the land appears to have been utilised by various members of the public as an informal parking area for a number of years. I understand that the land is within the ownership of Wrexham County Borough Council and the applicant has stated in his application that attempts have been made to purchase the land. The applicant has carried out his legal obligations under Article 7 of the Town and Country Planning (Development Management Procedure Order) Order 2012 by serving notice upon Wrexham County Borough Council as registered land owner.

For the benefit of members, a photograph of the land, before and after the development occurred is shown below.

Page No 50

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Before

After

Visual amenity: The fencing that has been erected at the site sits at a higher level than the adjoining highway due to the importation of the material on which it sits. The fence itself is approximately 2 metres in height and whilst it encloses a former open space to the side of the dwelling I do not consider that its subsequent enclosure causes detriment to the wider street scene. It should be noted that the finished floor level of the dwelling itself is higher than the adjoining road level which provides and element of context to the prominent height of the fence. The fence is set a significant distance back from the rear of the footway and the land between has been turfed which reduces its potential impact. On these grounds I am satisfied that the development does not harm the character of the street scene.

Page No 51

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

I also consider that the continuation of the fence line and the further importation of material across the land subject to change of use will not cause detriment to the visual amenity of the area subject to the same treatment or other similar landscaping of the land between the fence and the highway. This can be secured by planning condition. Should the applicant be unsuccessful with any attempt to purchase the land, the existing positioning of the fence, wrapped around the boundary with the land in his current ownership is also acceptable.

Highways: Highways are satisfied that the erection of the fence does not impact upon the visibility at the roundabout junction with Stryt Las, Pant Hill and Church Street. The land affected by the change of use element of this scheme does not form part of the adopted highway. It is understood that the land is used as an informal car park, but given that the parking has taken place on an informal basis on land outside the highway boundary, this is not a matter for the highway authority.

The area appears to accommodate up to 4 no. motor vehicles but is not laid out as a formal parking area with a turning area. I acknowledge that the land has provided off street parking area for a limited number of residents over previous years but I do not consider that the loss of this informal space, which does not necessarily provide safe visibility standards and is not within the control of the highway authority, would be so detrimental to highway safety in the locality to justify refusing the proposal.

Other matters: The proposal has resulted in and could potentially result in the further importation of material. Whilst the application is described as the importation of ‘inert material’ no documentary evidence has been provided with the application corroborate this. Natural Resources Wales and Public Protection have requested further investigatory surveys to be carried out to identify the bio security of the material to ensure against the introduction of invasive species and any potential land contamination. I consider that appropriate conditions can be imposed regarding this matter.

I also consider, given the informal and unmaintained nature of this land and the questionable nature of the informal parking that does occur, and that the surrounding adopted public footways are not interfered with, the proposal will not cause detriment to those with mobility difficulties. In approving this proposal the Council will have given full consideration to its duties to consider inclusive access to all in accordance with the requirements of TAN 12 – Design and relevant equalities legislation.

Conclusion: Subject to appropriate conditions I do not consider the proposal will have a detrimental effect upon the wider visual amenity of the immediate locality and does not result in harm to the users of the adjoining highway. As such the proposal accords with current local and national planning policy and I recommend accordingly.

Page No 52

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Within 3 months of the date of this permission a report shall be submitted to and approved in writing by the local planning authority detailing that all material which has been imported on to the site is suitable for use within a residential development. The report shall be prepared by a suitably qualified soil contamination consultant in accordance with a methodology with has been submitted to and approved in writing by the local planning authority prior to its preparation. This methodology shall also include how any necessary remediation will be verified. 2. Any remediation works which are deemed necessary and any subsequent verification of these works shall be carried out strictly in accordance with a time scale to be agreed as part of the report required by condition no. 1 of this planning permission. 3. No further soil or fill material shall be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material shall be submitted to and approved in writing by the local planning authority prior to the soils being imported onto site. The development shall not be occupied / used until a Validation Report to show that the works have been satisfactorily carried out has been submitted to an approved in writing by the local planning authority. 4. Within 3 months of the date of this permission a report shall be submitted to and approved in writing by the local planning authority detailing that all material which has been imported on to the site is free from any invasive non native species and diseases. The report shall be prepared by a suitably qualified soil contamination consultant or ecologist in accordance with a methodology with has been submitted to and approved in writing by the local planning authority prior to its preparation. This methodology shall also include how any necessary remediation will be verified. 5. Any remediation works which are deemed necessary and any subsequent verification of these works shall be carried out strictly in accordance with a time scale to be agreed as part of the report required by condition no. 4 of this planning permission. 6. No further soil or fill material shall be imported to the site until it has been tested for contamination of invasive non native species and diseases and assessed for its suitability for the proposed development by way of a Biosecurity Risk Assessment. A suitable methodology for testing this material shall be submitted to and approved in writing by the local planning authority prior to the soils being imported onto site. The analysis shall then be carried out and validatory evidence submitted to the local planning authority for further approval in writing. The development shall not be occupied / used until a Validation Report to show that the works have been satisfactorily carried out has been submitted to an approved in writing by the local planning authority. 7. Prior to the erection of any fencing across the land identified in red on the approved plan, a suitably scaled plan (1:50 or 1:100) showing the extent Page No 53

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 of its height, materials, appearance and the extent of any made up ground shall be submitted to and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the detail as may be approved. 8. The fence, and any future fencing that may be erected by way of this approval shall be left to weather naturally or be painted or stained a dark brown, the colour having been approved in writing by the local planning authority prior to its application.

REASON(S)

1. In the interests of the amenities of the future occupants of the buildings 2. In the interests of the amenities of the future occupants of the buildings. 3. In the interests of the amenities of the future occupants of the buildings. 4. In order to protect the internationally designated wildlife site in the immediate locality and to protect the bio diversity of the area. 5. In order to protect the internationally designated wildlife site in the immediate locality and to protect the bio diversity of the area. 6. In order to protect the internationally designated wildlife site in the immediate locality and to protect the bio diversity of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

Further advice on compliance with condition nos 1, 2 and 3 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. ______Page No 54

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0793 48 TALBOT ROAD WREXHAM 19/11/2013 LL13 7DY

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa CHANGE OF USE FROM DOMESTIC MP DWELLING TO HMO

WARD: APPLICANT(S) NAME: AGENT NAME: Erddig MRS KATIE SHIELD A & K A & K PROPERTIES PROPERTIES MRS KATIE SHIELD

______P/2013 /0793 THE SITE

Application site

PROPOSAL

As above. The applicant is intends to let the property to up to 8 students.

HISTORY

No recent planning history.

Page No 55

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

DEVELOPMENT PLAN

Within settlement. Policies GDP1, H4 and T8 apply.

CONSULTATIONS

Community Council: Object on the following grounds: 1. There is insufficient on-site parking provided– only 2 spaces are provided and no on street parking. Talbot Rd consists of mainly terraced properties with no parking provision other than on street parking. This already results in a very difficult parking situation for current residents with no availability for additional on street parking; 2. The application site is an end terrace property which could result in noise disruption for adjoining neighbours. Local Member: Notified 22.11.13 Public Protection: No comments. Highways: No objections on highways grounds. Conditions recommended. Site Notice: Expired 19.12.13 Other Representations: Nearby occupiers notified 28.11.13

SPECIAL CONSIDERATIONS

Policy: Policy H4 allows for the subdivision of dwellings where: a) sub-division is possible without major alterations, extensions, or additional new buildings which would significantly alter the character of the original dwelling; and b) proposals accord with Policy GDP1; and c) adequate private open space is available; d) the proposal would not result in the over-concentration of Houses in Multiple Occupation to the detriment of crime levels, the social fabric of the area, and the amenity of existing residents.

Dealing with each of the above in turn: a) Extent of extensions/alterations

No extensions or external alterations are proposed; b) Compliance with policy GDP1

I will deal with issues of amenity and parking separately; Page No 56

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

c) Private open space

The property has a secure and private garden of approximately 200 square metres in area to the side and rear. This is adequate to provide occupiers with an amenity area, an external drying area and storage area for bins. A dedicated cycle storage area is also provided. d) Concentration of HMO properties

The existing lawful use of the property is as a dwelling house or Class C3 under the Town and Country Planning (Use Classes) Order 1987. Class C3 permits the use of the building as a normal family home or as a shared house provided it is not occupied by more than 6 people who live together in a similar way to a family – for example by having shared living room and kitchen. If a house is shared by more than 6 people who form more than one household then the use of the premises will normally fall outside of Class C3 and is classified as a House in Multiple Occupation (HMO) which is a ‘sui generis’ use for which planning permission is required.

Licences from the Council are also required under the Housing Act 2004 to use a dwelling is a HMO. However the definition of a HMO for the purposes of that Act does not directly correspond to a HMO for the purposes of planning control. Therefore a dwelling occupied as a shared house or HMO that is subject to licensing under the Housing Act 2004 will not automatically also require planning permission. The purpose of licensing is to ensure a dwelling is suitable for use as a HMO and is well managed rather than to control the number of HMOs in a given area.

In considering this application against policy H4 I have not considered whether there are other properties being used as student/shared houses by 6 or fewer people in the locality because these fall within Class C3 use and are not subject to planning control. It is also worth noting that even if planning permission were refused for this application it would not prevent this property being used as a shared house or a HMO as defined by the Housing Act 2004. The property could, for the purposes of planning control, remain in use as a shared house albeit with a lower number of occupants.

Within a 500 metre radius of this property there are 7 properties with HMO licences that permit the dwellings to be occupied by more than 6 people – the threshold where planning permission is normally required. All of these properties are in excess of 150 metres away, with none being located on Talbot Road itself. These properties represent a very small percentage of the total housing stock in the area therefore I do not believe this proposal will result in a significant or over concentration of this type of residential use in the immediate locality.

Page No 57

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Amenity of existing residents: The use of the premises as a HMO will not impact upon the privacy or visual amenity of nearby occupiers given that no external alterations or extensions are proposed.

The fact that the property has adequate garden space for use by the occupiers as well as space for bin storage should assist ensuring the use of the premises does not prove disruptive to nearby occupiers.

That a property could be occupied by up to 8 people does not necessarily mean that occupiers either individually or collectively will generate significant noise or other disturbance. There is the potential for any number of occupiers of a property to be noisy irrespective of whether the premises are used as a HMO. If tenants do prove disruptive, this is a matter for the landlord and/or Public Protection to address.

Parking: The property has a driveway capable of accommodating up to 2 vehicles. The property has 7 bedrooms and in accordance with LPG16 the maximum parking provision is 4 spaces for its existing C3 residential use. The LPG16 maximum for the proposed use is 1 space per 2 bed spaces or 4 parking spaces. Whilst the on-site parking provision is less than the LPG16 maximum, the development will not give rise to increased demand for parking. Furthermore the site is within walking distance of the town centre, a wide range of retail and leisure facilities as well as frequent public transport and therefore in an area where parking provision below maximum standards is generally acceptable.

Highways have requested a condition requiring the existing gravel driveway to be surfaced with hard bound materials and a condition requiring measures to be put in place to ensure surface water does not flow onto the highway. Given that the development is unlikely to increase the usage of the driveway and no alterations to it are proposed the requirements of the conditions are not necessary to make the development acceptable in planning terms. As such I consider the conditions unnecessary.

Conclusion: The development accords with policies H4 and GDP1.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The property subject to this permission shall be occupied by a maximum of eight individuals at any one time.

Page No 58

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of highway safety due to the lack of on-street and off- street parking provision. ______Page No 59

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0797 SITE OF FORMER OFFICES 19/11/2013 TOILETS AND PARKING AREA MAELOR PLACE RUABON COMMUNITY: WREXHAM CASE OFFICER: Ruabon LL14 6ND JS

DESCRIPTION: WARD: DEMOLITION OF EXISTING AGENT NAME: Ruabon BUILDINGS, ERECTION OF 19 AINSLEY GOMMON DWELLINGS AND CONSTRUCTION ARCHITECTS OF ACCESS MR ANDREW HOWARD

APPLICANT(S) NAME: MR GARETH JARVIS WALES AND WEST HOUSING ASSOCIATION LTD

______

THE SITE

The site is located on the west side of High Street, Ruabon. It comprises the former 3 different areas of land, including the council offices, and open space areas. To ensure clarity, it is useful to refer to the site as being defined as 3 different areas – and see plan below: Area A: Former Council offices site B: Public toilets and open space site C: Open space site - south of Maelor Place

Application Site Grey hatched area – conservation area Page No 60

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

PROPOSAL

As above. The dwellings comprise of 2 x 4 person (2 bedroom) houses, 3 x 3 person (2 bedroom) bungalows, and two apartment blocks – one containing 8 x 2 person (1 bedroom) flats and one containing 6 x 2 person (1 bedroom) flats. The scheme provides 28 car parking spaces in two parking courts and a new pubic parking area with 12 spaces.

HISTORY

P/2013/0798 Application for conservation area consent for demolition of public conveniences. Under consideration – to be determined if planning permission is granted for this application.

DEVELOPMENT PLAN

Within settlements limits. Part of the site is within Ruabon Conservation Area. Policies PS1, PS2, GDP1, GDP2, EC4, EC7, EC8, H2, CLF4, CLF5 and T8 of UDP are relevant.

CONSULTATIONS

Community Council: Consulted 22.11.13 Local Member(s): Notified 22.11.13 Public Protection: Site within 250m of former landfill site known as Gardden Lodge Clay Pit, and potential contamination migration issues need to be addressed. Conditions are required Welsh Water: No objections subject to conditions regarding land drainage, foul drainage etc. Natural Resources Wales: Site within Zone A as defined by TAN 15. Development is likely to increase the surface area of impermeable ground, thus reducing percolation and increasing rapid surface run-off. Conditions are required to regulate this possibility. The site will not affect biodiversity features, ecological integrity or functionality of any statutory ecology sites, or geological and/or geomorphologic interest. Biosecurity may be an issue. Highways: Site located off an unadopted road known as Maelor Place. Although road is subject to 30 mph speed restriction, the geometry of the road probably limits this to 15 mph. The site is split into 3 areas. 1. The area for proposed replacement public car park for 12 cars is considered adequate as replacement parking for the current public car park. Yellow lines are Page No 61

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

required along this section of road, to prevent parking on either side of the access, to ensure adequate visibility. 2. The area for the removal of the public car park, and replacement with 8 x 1 bed apartment building with 9 parking spaces. This provision is adequate for the scale of use given its sustainable location. As similar to the replacement public car park area, double yellow lines are required to ensure adequate visibility. 3. The use of former Public Protection offices for 2 x 2 bed houses, 3 x 2 bed bungalows and 6 x 1 bed flats (11 total), together with parking for 19 vehicles, and this is concurrent with maximum parking standards in LPGN 16. A 1.8m wide pavement will be provided around the frontage to enhance pedestrian safety. The residential part of the scheme is only 3 spaces below maximum standards, and given previous uses of the area, it is considered that traffic generation is no more onerous than previously. It is important to ensure visibility at access points and therefore a scheme of double yellow lines will need to be imposed in Maelor Place/Caer Llan area. This will need to be funded. Some minor alterations to the Caer Lane is also required, and this can be resolved through Section 38 adoption. A road surfacing improvement scheme is also required. New street lighting will require approval from Community Council. Conditions are required Press Notice: Expired 20.12.13 Site Notice: Expired 19.12.13 Other Representations: 66 neighbours notified on 22.11.13, and 3.1.14 (re amended plans), and 11 letters received in respect of both notifications, raising the following concerns/comments: • There is currently inadequate parking, and the development will put further demands on the medical centre and library car parks. Customers find it difficult to park • Loss of public car park. With the loss of this area, the public will try to use the car park at Kandy Lodge and it cannot take extra traffic/use, or they will try and use other private parking areas. The public car park area is likely to be used by the new residents of the scheme because they will have inadequate parking, and this will impact upon local businesses. Page No 62

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

• Inappropriate to use conservation area for parking • Loss of only green area within the centre of the village. The space should be retained for everyone and improved for the well being of the community. A lovely garden should be created in the place of the toilet block. The green space should not be built on. There are plenty of houses for sale locally, and no need to develop the site. • The trees on site are beautiful. The scheme does not demonstrate how trees will be protected. • Caer Llan should be widened. Cars often park on the pavement and it is difficult for cars to pass. It is a very busy road. • There is general support regarding the demolition of the toilet block, and the shelter is used as a urinal. • The open space area is not owned by the Council. Covenants might be affected as area was bequeathed to residents of Ruabon. • The two different applications for the site are confusing. • Drainage problems within area • Social housing for the site is not supported. • The development should follow the same rules as others within the conservation area. The new roof should be slate and materials should consider the special location – to be traditional, and not uPVC. • Loss of light – 3 storey building opposite Tai Clwyd

SPECIAL CONSIDERATIONS

Background: The whole site is Council owned. As a result of a Council resolution in 2012, it was agreed that the site should be disposed and developed for an affordable housing project with a Registered Social Landlord (RSL), subject to various procedural items regarding Section 123 of the Local Government Act 1972 regarding the disposal of this land.

Policy: In policy terms the principle of housing for the site is acceptable for this sustainable location – although areas B and C are within a conservation area, and therefore any development must not cause harm to the important character of this designated area. Both UDP Policies EC7 and EC8 are relevant – and new development must make a positive contribution, to preserve and/or enhance the area. Page No 63

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

As part of the planning application, there is no obligation in terms of current planning policy for the submitted scheme to include affordable housing as part of the development because the scale of the proposed development is less than 25 dwellings. However, there will be provision through the disposal of the site to ensure that affordable housing is delivered as part of the scheme in line with an earlier Council’s resolution to dispose of the site.

The former council offices has been previously examined for the possibility of protected species (bats) and no evidence was found.

Impact on Conservation Area: As mentioned above, Areas B and C are within the Ruabon Conservation Area, and this area was included as part of an assessment and management plan for the area – as adopted in Dec 2010. In general, the assessment verifies the importance of trees and green spaces, local materials and vernacular detail, boundary walls etc., and in relation to this specific area, the assessment defines the High Street as a having a particular character - typically characterized as having a combination of 2 and 3 storey buildings forming distinctive townscape groups within the street, with a variety of building styles and periods. It is noted that the area is dominated by buildings that have a strong vertical emphasis - including brick walls and natural slate roofs. Opposite, there are steeply pitched gables and finials (Tai Clwyd terraced houses) with strong symmetrical detailing, including porches and gables, and stone heads and cills, string course and good boundary details, etc. Adjacent (south of area C & Maelor Place) there is Bryn End – a 3 storey Georgian period building, with sash windows and stone cills, finial adorned dormers set within the eaves. Bryn End is considered to be a landmark building within the village.

The management plan confirms that new development must respect the scale, design, proportions and materials of surround architecture to strengthen the cohesion of the street. Trees that are considered to make a significant contribution to the character and appearance of the area should be retained. In relation to the application site, Figure 3 of the plan identifies the green space areas within the site as being important, and therefore any loss will require careful assessment as part of the application.

In principle, it is considered that a building to replace the toilet block can be considered providing the new development is worthy of its location, and enhances the character elements of the conservation area. It is should also be acknowledged that Area B was previously occupied by a small hospital (demolished many years ago), and therefore the current open space area has not always been an undeveloped piece of ground.

Visual Impact/loss of trees: In respect of Areas B and C of the site, the visual impact of any new buildings or works within those areas must crucially respect the conservation area.

Page No 64

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Area B is currently occupied by a toilet block and bus shelter, a car park for 8 vehicles, a grassy space, footway leading between High Street towards the library and medical centre, and a number of mature trees. It is proposed to demolish the toilet block, and to relocate the well used public parking spaces to another location – into Area C, and to replace this area with a new 2 / 3 storey building, and the curtilage of the new building will be enclosed with new low walls and/or railings. The current open space area will be made a bit smaller (by approx. 118m2), but the scheme seeks to retain all the most important trees within the area and the pathway leading to the medical centre. Although the scheme will reduce the openness of this area, the new building work will be mostly limited to the area of the existing toilet/car park area. The design of the proposed new apartment building (as amended) is consistent with the important character of the conservation area, and it will offer enhancement to the area as it will replace the toilet block. The design of this building includes detailing that is consistent with that area, and it should provide a positive contribution – without dominating the street views of Bryn End. Some street views have been provided as part of the amended application information, and these usefully demonstrate the likely appearance, and these seem acceptable subject to control over facing and roofing materials and other detailing. All these aspects can be controlled by planning conditions.

Area C has also been subject to amendments, and the scheme will only require the removal of some smaller and less significant trees within this area. The tree nearest to High Street, which has the greatest impact for the existing street scene, is now scheduled for retention. The new parking area is set back from High Street and the area can be visually integrated without harm, particularly with further tree and shrub planting.

The issue of tree loss for the whole site has been examined by the tree officer, and the amended tree reports and layout plans should ensure that the most important trees within the area are retained, although some loss for management reasons is supported, or they can be usefully replaced nearby. However some further clarification about the need to fell T14 is being sought and details regarding pruning works throughout. Depending upon progress regarding this, a further item may be raised in the addendum report. All other matters regarding tree protection measures and landscaping can be controlled by planning conditions.

In respect of area A, this part of the site is not within the conservation area, and there is no immediate need for this area to be designed with all the same features as the building designed for area B. However the appearance of this element of the scheme will be seen as a positive feature when compared with the former Council office building. Also the layout of the new properties will help define the approach towards the library and medical centre (and further residential properties that are hidden behind the former offices), and this element incorporates positive design features along the Caer Llan frontage eg boundary treatments, to give some consistency with boundary treatments within areas B and C. Page No 65

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Loss open space/POS provision: Existing on-site open space is 1120m2 for Area B (which excludes the existing car park and toilets) and 730m2 for Area C. The function of these open areas as public open space is not included in the Council’s POS survey (2009), and therefore it does not have a defined function for any formal equipped or informal POS areas. However the area continues to have a visual and amenity function for the area – as examined above, and this will not be entirely lost by the development. It is also noted that the toilet block and car park are not giving any enhancement to that areas, and therefore some loss of the openness will not be significant if the remaining areas can be enhanced, or if further areas can be incorporated as part of the development.

As part of the amended scheme it is noted that Area A will incorporate a new, and useful planting area along its Maelor Place and Caer Llan frontage, and there is scope that some good trees can be planted – to help provide a natural structural element to this part of the site. Also, as mentioned earlier, nearly all the trees within area B will be retained as part of the development, and some additional planting can take place. The main loss of open space will be within area C because it is proposed to locate the replacement car park within this area. The car park will make this area significantly smaller (only 290m2, instead of the current 730m2). However this new area will have an acceptable impact from High Street is some tree and shrub planting can be included between the car park and the High Street.

In accordance with LPGN 10, the proposed scale of residential development should incorporate POS as part of the development – either on-site or a contribution to a nearby POS facility.

The scheme, as proposed will include keep a large part of the existing open space areas, and these areas will remain open to the public to enjoy informally – and access is unlikely to change because that part of the area will need to be maintained as a footpath (as established over many years), and part of the area will include existing trees, or further landscaping for the site. Although a majority of this open space will be maintained privately by the applicant, in this case it would be appropriate for this area to be regarded as part of the POS provision for the development. In total the open area to be retained by the application is 1060m2, and although representing a shortfall of 480m2 in relation to the LPGN 10, it is noted that the Council as landowner will also retain a small POS area within Area C (290m2). When both areas are combined, the total area of POS on site is only 170m2 short of the full on- site provision of LPGN 10.

However the Council will have on-going maintenance for their area, and therefore a commuted payment for maintenance is required. It is considered that the need to have a very small financial contribution for upgrading off-site POS (to deal with the minor shortfall of on-site provision) is unnecessary in this instance. It should also be noted that the housing scheme will deliver Page No 66

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 affordable housing which would not normally be possible given the scale of the development.

The maintenance payment is normally required as part of a Section 106 legal agreement, but a different arrangement is required because the Council owns the site – see below under ‘Legal Agreement’.

Highways and Parking: A number of representations have been received about the possible impact of extra demands on local parking facilities. However, the submitted housing scheme will virtually meet the Council’s maximum parking standards based on the scale of the development – and it is only 3 spaces below the maximum standard. It is also observed that the location of the site is very sustainable for new residents as High Street is served with a frequent bus service, and the site is within short walking distance of the rail station. If this actually proves to be an issue, it appears that there is scope for this to be managed, if necessary, because the authority will have control over this area.

Although the concerns of local residents regarding parking facilities in the area are noted, the proposed replacement parking area will provide 12 spaces, and this is larger than the current parking area. The extra 4 spaces have been included to help off-set the loss of current on-street parking within Maelor Place – since yellow line regulations will be required to control parking near to the junction and by the access points to the parking court areas. Highways have not raised any objections to the amended scheme. They consider that former office use would have generated similar traffic levels if that use had continued, and the scheme will enable some improvements for those pedestrians trying to access the medical centre/library. Parking on pavements is not supported by this scheme.

A contribution regarding the traffic regulation order is required and resurfacing work following the all the work. A legal agreement regarding this is required – see below under ‘Legal Agreement’.

Since the toilet block to be demolished includes as shelter, a replacement bus shelter is required. The design must be sympathetic to the conservation area, and the final design can be controlled by planning condition.

School contribution: In accordance with LPGN 27 a contribution towards is required as there is a shortage of primary school places. This sum should be secured as part of a legal agreement – see below under ‘Legal Agreement’.

Impact on neighbours: The development ensures that adopted amenity separation distances are provided as part of the development. Although the terraced properties of Tai Clwyd are directly facing the new apartments of units 1-8, good amenity separation is provided (23m) between opposing habitable room windows, and light is unlikely to be substantially affected. It is also noted that the new apartment building will be located further back from the High Street than the toilet block by almost 4m. Page No 67

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Land ownership: Legal have confirmed that all the land is owned by the Council, and this is registered to the Council at the Land Registry. Regarding the disposal of the public open space, the Council has advertised this disposal under Sections 122 and 123 of the Local Government Act 1972 on 17th and 24th December and the period of objection expired on 7.1.14.

Legal Agreement: Since the Council still owns the site, the normal imposition of a legal agreement under Section 106 of the planning act cannot be obtained before planning permission is granted. But since the land is to be disposed to a RSL (the applicant) the contract of sale can include a obligation for the applicant to enter into any necessary Section 106 legal agreement on the same day that the site is required. Under these circumstances the details of the agreement can be secured by planning condition.

Conclusion: On the basis of the amended submission, the scheme provides a suitable housing development for the site, and it should not detract from the character of the area, and it should provide much needed enhancements to this 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. Before any development is first implemented on site, details of a completed legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) shall be submitted to and approved by the Local Planning Authority to verify that the following contributions have been secured by Wrexham County Borough Council: a) A financial contribution of £3,000 towards public consultation required for a traffic regulation order for Maelor Place/Caer Llan and implementation of any associated works for the order i.e. signs / yellow lining. b) A financial contribution of £9800 towards primary school infrastructure facilities c) A financial contribution of £6000 towards maintaining on-site POS. 3. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 5. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition Page No 68

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 no.4 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 6. No part of the development shall commence until adequate steps have been taken to safeguard all trees on the site or whose root structure may extend within the site, which are within the Ruabon Conservation Area, against damage or injury caused during construction works in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. In particular, no excavations, site works, trenches or channels shall be cut or pipes or services laid in such a way to cause damage or injury to the trees by interference with their root structure and no soil, waste or materials of any kind shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees by affecting their root structure. 7. 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 implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. 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. 8. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 9. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 10. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 11. The roofing material for Units 1 to 8 shall be natural slate, in accordance with sample to be approved in connection with 3 above. 12. No part of the development shall commence until a scheme detailing the construction details of the following has been submitted to and approved in writing by the Local Planning Authority (a) Detailed plans to show the layout, design, drainage and construction of the new proposed footway. (b) Detailed plans to show the layout, design, drainage and construction of the proposed new carriageway surfacing on Maelor Plan / Caer Llan. Page No 69

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The scheme as subsequently approved for (a) above shall be fully implemented prior to the first use of units 9 - 19. The scheme as approved for (b) shall be fully implemented in accordance with a time scale to be agreed in writing with the Highways Authority. 13. No part of the development shall commence until a Construction Traffic Management Plan including provision for contractor parking has been submitted to and approved in writing with the Local Planning Authority, and the Plan as approved shall be fully implemented and adhered to for the construction period. 14. No part of the development shall commence until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. 15. The development hereby permitted shall not be commenced until a scheme for the management of overland flow from surcharging of the site's surface water drainage system has been submitted to and approved in writing with the Local Planning Authority. 16. No part of the replacement public car park a shown on the approved plans as the public parking court, shall be implemented until full landscape works (both hard and soft) have been submitted for the whole part of the site located south of Maelor Place and approved in writing with the Local Planning Authority. The scheme as approved shall be fully implemented within time scales as given in the condition 21 below. 17. The replacement public car park shall be fully provided before any work is first commenced on the apartments hereby approved as unit nos. 1 - 8, including any closure of that car park. 18. Other than that part of the site which is south of Maelor Place, no part of the development shall commenced until details of hard and soft landscaping scheme, together with full design details of boundary walls/ railings and screens as shown on the approved plan and details of a maintenance plan for that area for a minimum period of 10 years, have been submitted to and approved in writing by the Local Planning Authority. 19. Prior to their installation on units 1 to 8 as shown on the approved plans, full design details of all windows (including skylights) and doors to be used on this building shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully described the proposed materials, decorative/protective finishes, cross sections of glazing bars, sills, heads etc, method of opening and glazing type. The works on this building shall be carried out in strict accordance with such details as are approved. 20. All new and replacement rainwater goods on units 1 to 8 as shown on the approved plans shall be cast iron or aluminium, painted black. 21. The landscaping scheme to be submitted to and approved in connection with condition 18 above, shall be implemented in all respects within 3 months of the first use of the building with exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 22. The access points to the public parking court and the apartment parking court area for units 1 - 8 from Maelor Place shall both have a minimum width of 6m. Page No 70

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

23. In respect of the access points serving the public car park and the parking court of units 1 - 8, the access points hereby approved shall take the form of a dropped vehicular crossing. 24. The vehicular access point to the parking court serving units 9 - 19, shall have a minimum width of 5.5 metres. 25. In respect of the access points serving the parking court areas as shown on the approved site plan C830.04D shall provide visibility splays of 2.4 metres x 17 metres in both directions measured to the nearside edge of the adjoining highway. Within the 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. 26. The vehicular parking spaces and associated circulation and turning areas for each parking court as shown on the approved site plan C830.04D shall be fully laid out, surfaced and drained prior to first use of each court area. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for parking and circulation/turning purposes. 27. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 28. 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. 29. Design details of the replacement bus shelter shall be submitted for approval before work commences on units 1 to 8, and the shelter shall be implemented before of the first unit is occupied, unless agreed in writing with the Local Planning Authority. 30. 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. 31. 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: Details of all proposed tree works, including felling and pruning. 32. Notwithstanding the submitted Tree and Construction report dated January 2014, 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 5837:2005; b) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Page No 71

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

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. 33. The landscaping scheme as carried out in connection with condition no. 18 shall be retained for a minimum of 10 years. Within this timescale, any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development can be implemented with measures to control parking along Maelor Place / Caer Llan, adequate provision and maintenance of on site and off site public open space, and primary school facilities. 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 amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. To secure the removal of the building when more satisfactory permanent accommodation has been acquired. 7. To ensure that the retained trees are adequately protected during development in the interests of amenity. 8. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 9. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 10. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 12. In the interests of highway and pedestrian safety. 13. In the interests of highway and pedestrian safety, and to prevent obstruction along the highway. 14. To prevent flooding to ensure satisfactory storage of and disposal of surface water from the site. Page No 72

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

15. To reduce the risk of any potential flooding to the proposed development. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure that adequate replacement parking within the area is provided before the existing parking facility is removed or closed. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure that the design of windows and doors for the new building reflects the character of the area given its location within a conservation area. 20. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 21. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 22. To ensure the formation of a safe and satisfactory access. 23. In the interests of highway safety. 24. To ensure the formation of a safe and satisfactory access. 25. To ensure that adequate visibility is provided at the proposed point of access to the highway. 26. 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. 27. 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. 28. In the interests of highway safety. 29. To ensure that an adequate passenger waiting facility is provided at this location to replace the one that was lost as part of the development, in the interests of encouraging greater use of public transport. 30. To protect the amenities of the occupiers of nearby properties. 31. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 32. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 33. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

You are advised that the brick sample to be submitted in connection with condition 3 above should reflect the appearance of Bryn End and include details of the mortar (colour and finish).

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

Page No 73

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

You are advised to carry out an assessment to consider the potential for disposing surface water from the site by a Sustainable Drainage System (SuDS) and the results of this should help inform the details to be submitted in connection with condition 14 above.

You are advised that Natural Resources Wales' general requirement for surface water is that, for the range of annual flow probabilities from 1 in 1 year up to and including 1% (1 in 100 year) event plus an allowance for climate change, the developed rate of run-off should be reduced in comparison to the undeveloped rate of the same event.

In respect of SuDS you are advised to consider Appendix 4 of TAN 15. The site may raise biosecurity concerns regarding invasive non-native species (INNS) and diseases. Accordingly you are advised to implement a Biosecurity Risk Assessment before development is commenced. This should consider appropriate measure to control any INNS and measure and actions that aim to prevent INNS being introduced.

Further advice on compliance with condition no. 4 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.

The applicant is advised that compliance with condition no. 30 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.

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 burn anything that gives rise to dark smoke.

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. ______Page No 75

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0800 CLOVER COTTAGE KNOLTON 20/11/2013 OVERTON WREXHAM LL13 0LV COMMUNITY: CASE OFFICER: Overton DESCRIPTION: MP SIDE AND REAR EXTENSIONS

WARD: APPLICANT(S) NAME: AGENT NAME: Overton MR LEAR MR LEAR

______

THE SITE

Application site

PROPOSAL

As above.

HISTORY

No history.

DEVELOPMENT PLAN

Outside of settlement. Policies GDP1 and EC6 are applicable.

Page No 76

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

CONSULTATIONS

Community Council: Raise objections, and have also made the following comments: • Recommend a mix of brick work and white render, breaking up the building rather than having the whole building rendered. This would give a more appealing appearance; • There is obviously a healthy bat presence. The Council would not presume to know if the work would adversely affect their roost and accept recommendations and observations made by Wrexham County Borough Council. Local Member: Notified 22.11.13 Site Notice: Expired 19.12.13 Other Representations: Neighbouring property notified 28.11.13

SPECIAL CONSIDERATIONS

Design: The extensions amount to an increase of 60% in floor area over the original dwelling. Whilst this exceeds LPG13 and LPG20 advice, the extensions will both individually and cumulatively appear subsidiary to the existing dwelling, will respect its appearance and will not significantly increase its prominence within the landscape.

The applicant is proposing to apply render the brick exterior of the existing dwelling as well as to the exterior of the proposed extensions. I do note the comments made by the Community Council but do not agree with their objections. Planning permission is not required to apply render the existing dwelling and rendered dwellings are not uncommon in the wider rural landscape. Finally the proposals will not detract from the appearance of the dwelling as existing or extended.

Amenity: The nearest neighbouring dwelling is around 60 metres away. This is sufficiently far to ensure the extensions will not impact upon the standard of amenity afforded to the occupiers of that property.

Ecology: Evidence of three species of bats has been found in the bungalow. Whilst the proposals will not reduce amount of habitat available to them there is nevertheless potential for the works to build the extensions to disturb one or more of the species identified.

Mitigation proposals have been submitted with the application. Subject to mitigation being secured by condition and the applicant obtaining a licence pursuant to Regulation 53 of the Conservation and Habitat Species Regulations 2010, the development will not harm the Favourable Conservation Status of the bat species identified. Page No 77

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Conclusion: The development accords with UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. The development shall be carried out in strict accordance with the Mitigation Plan and Method Statement as set out in the Gerald Longley Ecological Consultants Bat Survey and Mitigation Plan dated July 2010. 4. Development shall not commence until the following has been submitted to the Local Planning Authority: a) a licence pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 authorising the specified development to go ahead; or b) a statement in writing from the relevant licensing body to effect that it does not consider that the specified activity/development will require a licence. Where a licence has been obtained, the development must thereafter be carried out in strict accordance with the mitigation and/or compensation measures prescribed therein.

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 order to protect wildlife interests, which are afforded special protection. 4. In order to protect wildlife interests, which are afforded special protection.

NOTE(S) TO APPLICANT

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0806 TETHERS END VILLAGE WALKS 25/11/2013 MARFORD WREXHAM LL12 8SZ COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: JS CHANGE OF USE FROM DWELLING TO RESIDENTIAL INSTITUTION FOR WARD: THE PROVISION OF AGENT NAME: Marford & Hoseley ACCOMMODATION FOR 6 ADULT FORGE PROPERTY SERVICE USERS TOGETHER WITH CONSULTANTS TWO CARERS AT ALL TIMES. MR MATTHEW WASON

APPLICANT(S) NAME: MR ANDREAS HOHMANN REIT HEALTHCARE UK LTD ______

THE SITE

The site comprises a large detached house at the cul-de-sac end of Village Walks. The site is served by a private driveway, with access onto Marford Hill (B5445). The junction between Village Walks is located near to a bend and it has restricted visibility. The access previously served a car dealership many years ago, and the number of dwellings served from this road was limited based upon the number of traffic movements to and from the car dealership.

Application site Page No 79

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

PROPOSAL

As above. Application submitted with a Highway Comment (support for the change of the use). No floor plans have been submitted, but application documents confirm that the property would be occupied by 6 adults and 2 carers, and the property has an internal floorspace of 314m2 and there would be room for 4 cars to park.

An amended plan has been submitted to show the parking arrangement for 4 vehicles and an on-site turning area. Also additional information has confirmed that the entrance gates will not be locked

HISTORY

6/24031 Residential development (10 houses) Granted 11.3.96 CB 762 Relaxation of conditions 4 and 6 of 6/24031 Granted 7.1.97 CB 2567 Erection of house and granny flat (plot 10) Granted 9.11.94 [Condition 4 required at least 3 parking spaces to be maintained within the site].

DEVELOPMENT PLAN

Within settlements limits. Policies PS2, GDP1, H11 and T8 of UDP refer.

CONSULTATIONS

Community Council: Concerned about the extra traffic to be generated by the proposal, and it will exacerbate the existing situation at this busy dangerous junction of Village Walks and Marford Hill. Local Member(s): Notified 28.11.13 Public Protection: No comments Natural Resources Wales: Standard advice is relevant. Highways: Site access via B5445 Marford Hill, subject of 30 mph speed limit. Speed survey recently carried out and the 85th percentile speed is 30 mph for vehicles travelling uphill towards Village Walks. Manual for Streets would normally require Village Walks to have visibility splays of 2.4m x 56m (south), but on the basis of measured speeds the splay would need to be 2.4m x 43m, and assuming a 10% uphill gradient – the splay can be reduced to 39m. Visibility north of the junction (uphill direction) is only 2.4m x 27m, as visibility is impeded by the existing boundary wall/fence at Beechmount. Extra development would not be normally supported through a sub-standard access. The development as proposed, it is not envisaged that Page No 80

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

this development would result in any significant increase in traffic. Other than staff, residents are not likely to own cars. Supplementary highway advice is relevant. Site Notice: Expired 24.12.13 Other Representations: 1 neighbour notified, and 6 letters received raising the following: • A commercial care home will have impact on local residents. It will not be a suitable property. • Increased traffic (foot and vehicle) across front of own garden. Because this garden is south facing, it is used regularly to sit out and enjoy the garden and views. Extra traffic will affect this amenity. The drive running across frontage was only meant to serve a private house, and property at Calverley House was only bought with knowledge of this restriction. The neighbours of the house would be known, whereas the occupants and staff will be unknown. • Inadequate parking capacity. The site only has room for 4 cars to park. The last tenant of the property had 3 cars and it was necessary for part of the garden to be taken. To park 4 cars will require the whole front garden to be used, or it would not provide enough room for vehicles to turn within the site – requiring vehicles have to reverse down Village Walks to the turning area. The use of the house will generate a need for more parking, or this will need to park in the road, or to turn in the driveway of Calverley House. A covenant restricts parking on the road – to be access only. • Dominance of commercial activities – affecting privacy, peace, security, outlook and general environs. Increased noise as associated with 8 residents (with staff), visitors, increased traffic and engine noise, etc. Occupants will need to be transported to and from community activities/ facilities. There will be extra traffic and mini bus movements. Two resident staff plus visiting and relief staff are involved with the use – who will have their own need for cars (private and business). Friends and relatives are encouraged to visit residents regularly. Page No 81

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Delivery vehicles. Visits by social service staff, specialist support staff, doctors, etc. Vehicles visiting the site must wait until electronic gates for the site open, and this can take some time – and they need to wait in front of Calverley House. Local bus service will not be acceptable after 6.00pm at night. The traffic analysis is not adequate. • Potential impact of extra traffic onto Marford Hill. Village Walk exits onto Marford Hill and this is close to a bend with very limited visibility. The access has been assessed by engineers and any improvements of this junction cannot be implemented because of various regulations and restricted carriageway width, and therefore the access remains dangerous. The site will be visited by people who will not be familiar with the dangers – putting them at greater risk. Several near misses have been experienced. • Village walks is narrow (3.8m at its narrowest), and there is no designated footpath. • Larger wheeled waste bins might be required for the use, and the block paved surface is not constructed to take the weight of lorries. Damage will be caused to the surface. • Inappropriateness of Tethers End as a care home location. The aim of the use is to help integrate residents with local facilities. However none exist in Marford. The Trevor Arms ph has recently closed for trade. The closest shops are 1 mile away, and therefore residents will be isolated unless they have frequent access to vehicles. • The site does not have a generous amount of amenity space. • There is a restrictive covenant that states that the dwelling should be used as a private house. There are also other covenants and these restrict how the right of way is used. Deed of variation would be required. • The adjacent fields cannot be used for activities for the new residents/visitors. • Alternative premises should be considered within Wrexham. • Use of this property does not make business sense for a health care use. Page No 82

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

SPECIAL CONSIDERATIONS

Policy: Alternative uses for the property can be considered providing the use does materially cause issues for the character of the area, or cause amenity issues for residents. An adequate garden is retained at the rear of the property and the scheme does not involve extensions to allow the use. The location is reasonably accessible to local facilities.

Impact on local residents: The property is a detached property, and the use is a form of residential use – even though it is within a different residential category. The proposed use, however, does not require any extensions to the existing building to allow additional accommodation – or a greater number of residents that could potentially live in the current building if they were a single family.

The driveway serving the site is a private drive, and this driveway runs along the frontages of several properties in Village Walks. Because it does not lead to other places, its current use is limited to those who would live in the properties.

Based upon the use and size of the property, it would be expected that the existing use would generate a number of daily trip movements to and from the property. The figures quoted in the ‘highway comment’ are likely to be correct – about 10 to 11 per day. In relation to the proposed use, no specific TRICs data of a similar use has been submitted with the application, but it is known that the 6 residents and 2 carers will occupy the property. However the current use may cause some different traffic generation impacts (from visitors and staff changeovers), but it is difficult to know whether these will be materially different – in comparison with the authorised use which would also include visitors. However 6 adults (who are not forming part of one single family) may generate their own individual visitors at similar times. Therefore it will be important for staff and visitors to have enough room within the site to park and turn because parking in front of Calverley House has potential to cause issues for the residents of that property from time to time. Unfortunately their driveway is located very close to the entrance gates, and these gates require opening by both staff and visitors. Although this could happen at present, it is more likely that occupants of a private house would have remote controls to ensure that any obstruction is minimal. The implications of traffic and parking is considered below in more detail.

Other amenity impacts are likely to be acceptable providing traffic levels are no more than the current use, and providing there is room within the site for cars to park and turn. Refuse collections are likely to be similar to the authorised use – although this could be regulated.

Traffic and parking: Based upon the current use of the property (house and ‘granny annex’) the Council would expect the use to operate with a maximum on-site parking requirement of 4 spaces or less. Given its location some Page No 83

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 distance from regular bus service along Marford Hill, and its position at the end of a cul-de-sac, it is likely that the use should maintain close to this maximum on-site provision. At the time the house and granny flat was granted planning permission there was a requirement for the use to be maintained with 3 parking spaces, but this condition did not preclude the formation of more parking spaces within the site. In comparison with the authorised use, the proposed use (Class C2) can operate with a maximum of 3 spaces (to meet maximum standards as adopted in LPGN 16). Given the constraints of the location, this does not seem enough and therefore it should be increased. Although the residents will not have vehicles, the two on-site carers, together with visitors (family or other staff), are likely to all arrive by car. The submitted ‘highway comment’ confirms that visitors and staff changes are unlikely to occur simultaneously, but I am unclear how that can be guaranteed.

The current site has room for 4 cars to park, although there is no room to turn within the site if all the parking area is occupied by vehicles. As a result some cars may from time to time need to reverse 60m along Village Walks to the designated turning area, which may sometimes prove inconvenient for the operational use.

As a result if any approval is supported, this would need to be made subject a scheme of parking (4 vehicles minimum) and suitable on-site turning facilities, and this scheme will involve the need to remove the use of the entrance gates and it may also require the removal of some current landscaping at the front of the house. Some details have been provided as part of amended plans, and it clearly demonstrates that there is scope to provide suitable parking/turning, but a more detailed drawing with measurements will be required, together with details of the surface treatment, drainage and other landscaping measures – or this whole frontage area for the property has potential of being one large hard surfaced area. I also consider it would be helpful for the layout to show the swept pathway of a mini bus turning within the site.

Highways have considered the potential for any traffic generation at the access point onto Marford Hill, and they do not believe that the scale of use will make a significant difference to this, and therefore an objection based upon the residents concern about this matter would be difficult to support.

Covenants: The imposition of covenants on a property cannot stop a planning decision being made to support an application, but likewise if these are legally relevant, planning permission does not negate those property constraints.

Conclusion: Subject to further detailing regarding the parking and turning within the site, and other detailing, the use is appropriate for this building, and therefore it is recommended accordingly.

Page No 84

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

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. Before the use first commences at the site, a scheme of details to show on site parking and turning facilities for 4 vehicles (including room for a mini bus) including any landscaping alterations shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be fully implemented as part of the use and shall thereafter be retained for those purposes. 3. The use shall only operate with the benefit of no access gates between the private driveway known as Village Walks and the parking and turning area as to be agreed in connection with condition 2 above. 4. The property shall not be occupied by more than 8 residents (including their carers). 5. Before the use is first commenced at the site, a scheme of details regarding refuse disposal from the site shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be fully implemented as part of the use and any alterations shall be first agreed in writing with 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 use operates with adequate parking and turning facilities, in the interests of the amenity of local residents to prevent unnecessary parking along the road known as Village Walks, and in the interests of visual amenity. 3. To ensure that no unnecessary obstruction is caused to the road serving the site and other nearby properties. 4. To maintain control over the scale of use, given the constraints regarding parking and access to the site. 5. In the interests of protect the amenity of local residents.

NOTE(S) TO APPLICANT

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.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information". ______Page No 85

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0821 1 WILLOW COURT ACREFAIR 02/12/2013 WREXHAM LL14 3UJ COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: JS ERECTION OF FREE STANDING WOODEN SHED TOGETHER WITH WARD: PLANTING OF COPPER BEECH AGENT NAME: Cefn TREE SCREEN HEDGE MR JAMIE ASHWORTH

APPLICANT(S) NAME: MR JAMIE ASHWORTH

______

THE SITE

The site is located on north side of Llangollen Road, and the site is located within the grounds of the first house when entering Willow Court from the main road.

Application site

New hedge

PROPOSAL

As above. The current unauthorised shed will be altered, to reduce the size to 3.7m wide, 5.8 long and 2.3m high to eaves and 3.3m to ridge. The shed will be clad with horizontal timber cladding and the new gable roof will be finished Page No 86

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 with shingles – slate grey. The new roof will have a pitch that is nearly the same as the main house.

HISTORY

P/2012/0543 Erection of garden shed / greenhouse (partly in retrospect) Refused 27.9.12. Appeal dismissed 14.1.13

DEVELOPMENT PLAN

Within settlement limits.

CONSULTATIONS

Community Council: Objects – no specific reasons given, other than they still object to this amended proposal Local Member(s): Notified 6.12.13 Site Notice: Expired 13.1.14 Other representations: 3 neighbours notified 2.1.14

SPECIAL CONSIDERATIONS

Background: This application has been submitted to try and overcome the concerns regarding the application of P/2012/0543 which was refused, and appeal dismissed.

Details: In comparison with P/2012/0543 the size of the proposed structure will be smaller. The earlier application gave a rectangular plan of 6m long and 4.6m wide, with a shallow pitch of just below 2.4m to ridge – and this did not have a roof that followed the pitch of the existing house. It appears as an incongruous structure, particularly since this is located at a prominent corner.

The inspector of the appeal also noted that the current structure causes harm to the character and appearance of the surrounding area – even though the neighbourhood includes other unkempt and less attractive features. It’s prominent location was noted, and it was viewed as being conspicuous and harmfully out of place for the area.

The submitted scheme reduces the width of the structure to 3.7m and the design of the roof has been altered to give it a pitch similar to the house. Also alterations have been made to the windows and doors and the timber walls have been modified, to give an improved appearance, and this design helps ensure an ancillary purpose in relation to the existing property. The reduced width of the structure also allows scope for the amended details to include proposals for the existing copper beech hedgerow along Llangollen Road to be extended, and in time this hedgerow will help soften its appearance in relation to the highway.

Page No 87

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

On the basis of these alterations the shed will be acceptable subject to conditions, and therefore it is recommended accordingly

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) and as contained in the application documentation. 2. The alterations to the existing structure shall be carried out and implemented within 12 months of this permission. 3. Within 3 months of the date of this permission, a detailed specification of the proposed beech hedge to be planted as part of the development, and details of its detailed position in relation to the fence adjacent to Llangollen Road, shall be submitted to and approved in writing by the Local Planning Authority. The hedge specification as approved shall be planting within the first planting season (November to March) following the proposed reduction to the width of the structure hereby approved 4. The hedge as planted in connection with condition 3 above 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. 5. 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 ensure that the development fully complies with the appropriate policies and standards. 2. The current structure at this location is unauthorised, and therefore in the interests of visual amenities of the area the alterations to the building should be implemented in accordance with a suitable time scale. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

The accuracy of the detailed plans and drawings forming part of the application documents hereby approved shall remain the responsibility of the applicant/developer.

Page No 88

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

You are advised to consider the design implications of planting the hedge adjacent to a retaining wall, and the need to keep the hedgerow maintained at a height that will not undermine this wall. ______Page No 89

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0824 MAESGWYN FARM HOLYHEAD 28/11/2013 ROAD CHIRK WREXHAM LL14 5NT COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: KH DEVELOPMENT OF BIOMASS PLANT COMPRISING BIOMASS WARD: BOILER & FURNACE ASH, AGENT NAME: Chirk South HANDLING FACILITY & FLUE, GAS AXIS TREATMENT FACILITY INCLUDING MR D ADAMS STACK & AIR POLLUTION CONTROL, REAGENT STORAGE SILOS, RECYCLED WOOD FIBRE OFFLOADING & SCREENING FACILITY, BIOMASS STORAGE AREA & ASSOCIATED INFRASTRUCTURE (SUBSTITUTION OF PLANNING PERMISSION CODE P/2012/0165)

APPLICANT(S) NAME: 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. The proposed biomass plant would be located within an area of the site more proximate to existing large industrial structures.

Page No 90

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Location of previously approved biomass facility

Proposed location of biomass facility KRONOSPAN

Note - with regards to the above 3D image, the slightly darker shaded parts indicate the proposed new biomass facility. This image is an elevated view looking southwards towards the new plant.

Page No 91

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

PROPOSAL

The proposal is to construct a biomass plant and recycled wood fibre (RCF) offloading and screening facility within the existing Kronospan manufacturing site. The scheme is seen as a substitute for a larger scheme which was approved in September 2012 (P/2012/0165). The principal differences are the proposed location within the site, the reduced scale of the facility and the proposed biomass only used to generate heat rather than heat and electricity with P/2012/0165.

All waste wood material to be used in the biomass plant will be produced on site rather than requiring delivery of additional biomass material.

DEVELOPMENT PLAN

Within the settlement limit for Chirk. UDP policies PS1, PS2, PS10, PS12, GDP1, EC7, EC5 and E4 refer.

Plethora of European, National and Regional Policy and guidance including Planning Policy Wales (PPW) Edition 5 (Nov 2012), TAN 8, Planning for Renewable Energy (2005), UK Biomass Statement (2007), towards Zero Waste, the over-riding waste document for Wales (June 2010) which supports renewable energy initiatives.

Pontcysyllte Aqueduct and Canal World Heritage Local Planning Guidance Note No 33 (adopted June 2012).

HISTORY – last 10 years

P/2012/0165 Development of a biomass plant, recycled wood fibre (RCF) off loading and screening facility and associated infrastructure to support existing production operations. Granted 14.09.12 P/2010/0798 Removal of existing factory entrance sign and erection of new sign with internal LED illumination. Granted 22.10.10. P/2007/0593 Urea silo and resin reactor. Granted 7.8.07. P/2007/0054 5 bay warehouse extension. Granted 12.3.07. P/2006/1480 Application to regularise the position and profile of existing mound. Granted 16.2.07. P/2006/0776 Extension to warehouse bay 4. Granted 27.8.06. P/2006/0306 Warehouse bays (12 and 13). Granted 3.5.06. P/2006/0305 Sawdust Silo. Granted 19.6.06. P/2005/1237 Change of use of land to industrial and extension of landscaping mound. Granted 17.2.06. P/2005/0980 Erection of chain link and concrete post fence (2.5m high) to demark site boundary. Granted 5.10.03. P/2003/0156 Proposed replacement K7 boiler plant. Granted 7.7.03. Page No 92

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

P/2002/0636 Erection of building for recycled timber products. Granted 7.10.02. P/2002/1339 Construction of temporary stack. Granted 7.11.03. P/2002/1109 Replacement WESP SEKA filter. Granted 7.7.03. P/2002/0374 Replacement filter. Withdrawn 27.1.03. P/2001/0744 Replacement filter and replacement drier. Granted 8.11.01. P/2001/0743 Construction of 2 additional cyclones to MDF. Withdrawn 6.2.02. P/2001/0082 Replacement filter and replacement drier. Pending. P/2001/0030 Construction of 2 additional cyclones to MDF. Pending. P/2000/1096 Warehouse extension opposite Ferro building. Refused 12.3.01. P/2000/0875 MDF Fibrerecovery System. Granted 22.12.00. P/2000/0542 Warehouse extension to rear of Ferro building. Granted 11.9.00. P/2000/0481 Office extension to farmhouse building. Granted 5.7.00.

CONSULTATIONS

Local Member Cllr Terry Evans, Chirk South: Notified 10.12.13 Adjoining Local Member Cllr Ian Roberts, Chirk North: Notified 17.12.13 Chirk Town Council: Consulted 10.12.13 Llangollen Rural CC: Consulted 17.12.13 Weston Rhyn Parish Council: Consulted 17.12.13 Glyntraian CC: No objections, with a reduction in movements Ruabon CC: Consulted 17.12.13 Cefn CC: Consulted 17.12.13 St Martins Parish Council: No objections Shropshire County Council: Consulted 17.12.13 Highways: Proposal within a large established factory, with the layout of the existing access acceptable. The submitted Transport Assessment concludes a small increase in vehicle movements delivering to the site but also a reduced number of movements leaving as less waste will be exported from the site. Overall a small reduction in movements. The enhanced on site rail head is likely to further reduce movements. Highways concur with the conclusion that traffic movements will be reduced in the vicinity. Public Protection: Condition required re Biomass feedstock National Trust: Consulted 17.12.13 Welsh Government (Highways): No objections Page No 93

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

National Resources Wales: Consulted 10.12.13 Welsh Water: Conditions re drainage required HSE: Do not advise against Canal & Rivers Trust: Development will have a significant impact as a result of scale and height of the proposed structures although it will be viewed in the context of the existing industrial plant. The visual impact of the development when viewed from the adjacent stretch of the Llangollen Canal will be reduced as a result of the differences in level and the significant tree screen on the embankment. The Canal and River Trust are satisfied that the visual impact on the wider World Heritage Site and its buffer has been adequately addressed. CPAT: Consulted 17.12.13 CADW: Consulted 17.12.13 Joint Advisory Committee, Clwyd Range & Dee Valley AONB: Consulted 17.12.13 Other Representations: 163 neighbouring occupiers to the site notified. Three representations received raising the following points: Noise - Currently noise from the site and more recently a high pitched noise. Tone of noise also needs assessment as well as general noise levels. Dust - Deposit of dust on cars outside houses - Impact on air quality which could be harmful to health Visual impact generally and the World Heritage Site - Close to the World Heritage Site and a blot on the landscape and not in keeping with the countryside - Impact of the high stack Air Quality - Emissions from the site harmful to health General - Appears that application is supported on the basis that jobs would be lost if a permission is not forthcoming Site Notices: 17

Page No 94

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

SPECIAL CONSIDERATIONS/ISSUES

Background/Proposal: Planning permission was previously granted on 14 September 2012 for a Biomass Plant, Recycled Wood Fibre (RCF) offloading and screening facility and associated infrastructure (P/2012/0165). The current proposal seeks to substitute the previous scheme with a smaller biomass plant. The proposed scheme is similar to the consented in that it involves the construction of a biomass boiler and furnace, RCF offloading and screening facility ash handling facility and flue gas treatment including stack and with material storage silos, but with key principal differences. These are the proposed location within the site, the reduced scale of the facility and with the proposal only used to generate heat rather than heat and electricity with the consented scheme.

Key Differences

Location: The whole of the consented scheme (P/2012/0165) was located to the north of the MDF/Chipboard production facilities in an area used for log storage. The majority of the revised proposal would be to the east of the MDF/chipboard production facilities and integrated into the existing infrastructure, with substantially higher structures in close proximity. Only the (RCF) offloading and screening facility and biomass storage facility would be located to the north of the MDF/chipboard production facilities.

Scale: The consented scheme (P/2012/0165) provided a boiler at a maximum height of 36m, with the height of the proposed boiler 19m. The RCF offloading and screening building would be smaller in size 48.5m x 21.5m, compared to the consented which was 56m x 36m. It would be approximately a metre higher than the consented -12.4m. The two silos would remain at 20m diameter but at 22.5m in height would be 1.5 less than the consented scheme.

Energy Generation: The proposed biomass would deliver only heat rather than the consented scheme which sought to produce heat and electricity.

The proposed biomass would generate up to 32mw of renewable heat for use in the manufacturing process at the site. Approximately 62,000 tonnes of biomass would be used annually. All of the feedstock as with the previously consented scheme would be sourced from on site wood residues arising from the manufacturing process. No biomass would be imported on site specifically for use as fuel.

Incoming vehicles transporting Recycled Fibre to the site would deposit the material on the floor of the RCF offloading and screening building, with the material currently deposited in the open air on the site. The material would then be mechanically separated into coarse and fine fraction – coarse materials transferred by an overhead conveyor to a stockpile area for use in Page No 95

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 chipboard production, with the fine fraction transferred by enclosed overhead conveyors to the biomass storage silos.

The combustion of the biomass in the main biomass plant produces hot gases which pass into the boiler to make steam. Super heated steam would be extracted via a series of insulated pipes to provide heat for the MDF board manufacturing facility.

Applicant’s justification for the proposal: The very nature of the Kronospan operation is such that it requires a significant amount of heat in the manufacture of chipboard, MDF and associated products. Given the energy intensive nature of the manufacturing process, continuing fragility of energy supply and increased market prices, the guaranteed delivery of heat at the level required to efficiently operate the plant represents a significant risk to the business. The development of the biomass presents a unique opportunity to provide 32mw of renewable heat using wood residues arising from the manufacturing process.

The biomass plant would help secure the site for its 600 employees and 2,500 people indirectly employed by Kronospan’s operations.

The development would allow for a greater proportion of the site’s energy requirements to be met through a renewable carbon source and for a reduction in its carbon footprint both of which are entirely in line with relevant international and national policy in respect of climate change. The production of up to 32mw of renewable heat from biomass would assist in supporting national renewable energy and make a very significant contribution towards local renewable energy targets.

The proposal fully aligns with and supports a wide range of National Policy which requires more renewable/low carbon emissions and a greater security of supply, whilst reducing carbon and other greenhouse gases to address climate change. As renewable energy technology produces very little carbon dioxide and other greenhouse gases, it plays an important role in tackling climate change and a reduction in pollution and the damage to landscape biodiversity and the historic environment.

Towards Zero Waste is the overarching Waste Strategy Document for Wales requiring the Welsh Government and everybody else involved in waste management decisions to apply the waste hierarchy as an order of priority in legislation and policy. The waste higherarchy promotes the prevention of waste as well as the reuse, recycling and recovery (eg energy) of waste.

In addition to the biomass, the RCF (recycled fibre) offloading and screening facility would enable delivery of RCF within a building as opposed to currently being delivered in the open. Use of the fine fraction for biomass, separated in the building would reduce the possibility of fugitive dust.

Page No 96

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

Assessment of Environmental Effects: A full Environmental Statement was submitted as part of the planning application for the consented scheme (P/2012/0165). The consented scheme is very similar to that subject of this application. There are principal differences which have been outlined above. An Environmental Statement was not required for this application, but nonetheless, the Environmental Statement for the consented scheme provides useful information on the environmental baseline of the site and its surroundings. Furthermore, the Environmental Statement for the consented scheme provides a reasonable worse case assessment of the likely environmental effects of the proposal given the similarities between the schemes. An updated detailed assessment of the effects upon the landscape and visual resource and upon the cultural heritage resource does accompany the application and information upon changes that would result from the presence of the proposed development when contrasted with the consented development.

Ecology and Nature Conservation: The proposed development would be located within operational areas of the factory comprising hardstandings. Additional submitted information with the previous consented application satisfied the then Countryside Council for Wales that the scheme would not compromise designated SACS and SSSIs and associated protected species.

Traffic: The proposal is within a large established factory with the layout of the access acceptable. The submitted transport assessment which accompanied the consented scheme concluded that the proposal would add additional movements a day importing APC (Air Pollution Controls) reagents and exporting bottom ash and APC residues. Countering the additional movements, the biomass plant would result in the reduction of vehicle movements per day as a result in the number of vehicles exporting wood residues off site for disposal. The current application would generate the same level of movements. Overall, the development would result in a small reduction of vehicle movements per day. The enhanced on site rail head is likely to further reduce movements.

Highways concur with the conclusion that traffic movements will be reduced in the vicinity.

Noise: The Environment Statement that accompanied the consented Borras Scheme (P/2012/0165) did not identify any significant noise effects that would result from the presence of the consented development.

Monitoring was undertaken at noise sensitive receptors and involved the predicted noise levels from the proposed biomass plant, RCF offloading and screening facility during day time and night time. Predicted noise levels from the site would be well below typical background levels. I am awaiting revised noise levels as the predicted noise levels would need to be adjusted to account for the revised location of the biomass facility.

Page No 97

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

A range of mitigation measures are proposed which would be built into the design of the biomass and noise levels from the facility would be within appropriate guidance and standards. The measures would be based on the employment of Best Available Techniques (BAT) to mitigate any potential peak noise sources. For construction noise, in accordance with appropriate standards, best practical means would be employed to control noise generation, which could involve restricting hours of work and careful choice of piling rigs. I am proposing as with the consented application a condition requiring Noise and Dust Management Plans for the construction phase.

Whilst I am awaiting revised predicted noise levels I am confident that the proposal will not cumulatively increase noise at identified receptor positions and I am satisfied the impact will be neutral and not compromise residential amenity.

Noise emissions will be controlled by the Environmental Permit for the site, varied to include the biomass development.

Dust: The release of dust from the construction of the plant will be based on best practice measures, in accordance with best practice guidance document – “The Control of Dust and Emissions from Construction and Demolition”. A condition is also attached requiring a Dust Management Plan for the construction phase.

Operationally the proposed biomass plant will in effect improve the potential of dust, with the handling and processing of RCF (recycled fibre), a source of dust at the site, within an enclosed building. The separated fine fraction will be used as fuel for the biomass.

Bottom ash (the inert burnt out residue from the combustion chamber) would be conveyed off the end of the grate, where it is cooled by dossing with water and transferred to skips for disposal off site.

Stack emissions: Gases generated during the combustion process would be cleaned before being released into the atmosphere, via the proposed biomass stack (2m diameter 70m high). The associated flue gas treatment plant ensures the plant operates within relevant emission limits. Emissions from the stack would be monitored by an automatic computerised system and reported in accordance with the requirements.

Where combustion gases are used in the board manufacturing process they would be vented from the MDF stack, along with current emissions. The emissions from this stack are also monitored.

Emissions from the existing stack and the proposed biomass stack would need to comply with the Environmental Permit for the site which will be Waste Incineration Directive Compliance.

Page No 98

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The Environmental Statement submitted for the consented biomass included an assessment of air quality using detailed dispersion modelling. Results indicated the majority of emissions associated with the biomass could be considered as insignificant using Natural Resources Wales screening criteria. Where emissions cannot be considered to be ‘insignificant’ background levels are such that the overall impact of emissions would be negligible outside the site.

A cumulative impact assessment associated with the consented scheme indicated that the cumulative impact of the facility is not predicted to cause any additional breaches of any assessment levels.

I am satisfied with the methodology that has been used and I am conscious that the Environmental Permit will control site emissions which will be Waste Incineration Directive compliant.

Cultural Heritage: An updated Cultural Heritage Assessment accompanies the application with detailed assessment of potential effects on setting on Scheduled Ancient Monuments, Listed Buildings, Chirk Conservation Area, Registered Parks and Gardens and the Pontcysyllte Aqueduct and Canal World Heritage Site within a study area of 2.5km as was the case with the consented biomass.

The proposed scheme is located within an area which comprises several large and visually prominent structures. The scheme is smaller in scale than the consented scheme but consideration is required of particular assets, the World Heritage site (Pontcysyllte Canal and Aqueduct World Heritage Site), Chirk Castle Estate (Castle and gardens) and Chirk Conservation Area given the closer proximity compared to the consented scheme.

The assessment concludes that the influence of the development upon setting of cultural heritage assets would not be significant. Whilst the World Heritage Site is reasonably close it is well screened by virtue of both topography (canal cut) and vegetation cover. Important views would not be altered, it would not damage or obscure the site nor detract from appreciation or interpretation.

The Canal and River Trust whilst recognising an impact on the surrounding area, it is viewed in the context of existing industrial plant. The difference in levels and vegetation mitigates the impact and the Canal and River Trust are satisfied the impact has been adequately assessed.

The top of the chimney would not be visible from the Chirk Castle but would have limited views from some locations within the wider parkland – with the top of the chimney stack visible. This has to be seen in the context of the existing development which would continue to exert as influence. The presence of the proposed development with only a view of a part of the slender chimney would not be significant on the parkland.

Page No 99

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

The existing Kronospan development is very obvious to the north-west and the reduced dimensions and the location within an area of existing substantial structures would result in minor and incremental beneficial changes in view on the setting of the Conservation Area compared to the consented scheme.

I am satisfied the Cultural Heritage assets have been fully considered. Whilst the development will add to the mass of development, it does have to be viewed in the context of existing development and it will have no significant effects upon the setting of any heritage assets.

Visual Impact: The application is accompanied by a Landscape and Visual Assessment and follows good practice in assessing fixed point representative views to categorise the likely range of impact and considers the changes that would result from the presence of the proposed development compared to the consented scheme.

Within local views from relatively low viewpoints, much of the site’s screening is reliant upon extensive areas of mature trees and woodland along the site’s eastern boundary with Holyhead Road and the western boundary of the site, although more prominent development is visible from different vantage points.

Within more elevated locations and at a slightly greater distance more of the site and the buildings and processes are apparent. The extent and scale of tree cover within the valley creates a strong landscape framework which is strategically important in containing the industrial complex and avoiding more significant impacts on the World Heritage Site, AONB and residential areas of Chirk.

The proposed development is smaller in scale than the consented scheme and its location is less intrusive. It would be located within an area which comprises several large and visually prominent structures.

There would be some limited localised beneficial effects upon both landscape character and upon views that would result from the reduced influence of the proposed development, when contrasted with the consented development.

Whilst the proposed chimney stack will be visible generally reaching a height of 70m it is only 2m in diameter, whereas the previous scheme also involved a comparable stack. The location and scale of the biomass plant will ensure it does not have a significant impact and will always be viewed in the context of existing development which has an established visual impact on various heritage assets and views. However some additional landscaping would further mitigate impacts, and conditions can be imposed to cover this.

Conclusion: I consider, on balance, that there are significant environmental and economic benefits in allowing the development. The visual impact of the scheme due to the location in close proximity to existing larger structures and its reduced scale ensures it will be less intrusive than the consented scheme. Generally, the statutory consultees consider the scheme to be acceptable Page No 100

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 visually given the revised scale and location and the existing industrial context of the site. Operational issues in relation to dust, noise and air emissions will be controlled by the Environmental Permit, regulating the site.

The renewable energy generated on site would help secure the future of the site. Whilst reducing carbon emissions and other greenhouse gases to address Climate Change. Whilst reducing pollution and damage to landscape and built environment. Other environmental benefits involve the more sustainable management of waste biomass which would otherwise go to landfill and a more controlled approach to dust emissions with the provision of an enclosed building for the handling and processing of recycled fibre, a source of dust at the site.

My recommendation is however in two parts to reflect the existence of the already consented biomass scheme (P/2012/0165).

RECOMMENDATION A

That the applicants, in conjunction with the Council, secure the revocation of planning permission P/2012/0165.

RECOMMENDATION B

Subject to compliance with Recommendation A, the Head of Community Wellbeing and Development be given delegated powers to issue the proposed Grant of Permission for the Substitute Biomass.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Prior to the commencement of 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 and 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 Page No 101

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 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 4. Prior to commencement of 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 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. 5. Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the Local Planning Authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. 6. If, during development, contamination not previously identified is found to be present at the site then no further development (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 dealt with. 7. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. 8. Waste wood to be burned in the CHP Plant shall be restricted to waste wood covered by the following European Waste Catalogue Codes: 03 01 01 (waste bark and cork), 03 01 05 (sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04), 03 03 01 (waste bark and wood) and 19 12 06 (wood other than that mentioned in 19 12 06). 9. No part of the development shall commence until a scheme of tree and hedge planting, to include specification, maintenance management, and a timescale for implementation has been submitted to and approved in writing by the Local Planning Authority. 10. The landscaping scheme submitted and approved in connection with condition no. 9 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 11. The landscaping scheme as carried out in connection with condition no. 9 and 10 shall be permanently retained. Any planting becoming severely Page No 102

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 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. 12. No operational use of the development shall take place until a scheme of details for off-site soft landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:- i. The location of the proposed landscaping works; ii. A schedule of the species of trees to be planted; iii. Landscape management plan(s) for the sites subject to the landscaping works set out in the approved landscaping scheme. The landscaping scheme as approved shall be implemented in full during the first planting season (November to March) following the first use of the development and shall thereafter be maintained in strict accordance with the landscape management plan(s). 13. The landscaping scheme as carried out in connection with Condition No. 12 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and / or are removed without the written permission of the Local Planning Authority shall be replaced with trees of the same species as originally planted within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 14. No operational use of the development shall take place until a scheme of on and off site air quality monitoring measures have been submitted to and approved by the Local Planning Authority, including details as to who will be responsible for collecting and recording the results. 15. The Biomass Plant, Recycled Wood Fibre (RCF) Offloading and Screening Facility and Associated Infrastructure subject of this permission, shall only operate in conjunction with the whole of the existing factory site as shown edged in red on Figure 1.2 of the submitted plans. For the avoidance of doubt, the Biomass Plant, Recycled Wood Fibre (RCF) Offloading and Screening Facility and Associated Infrastructure, shall not operate independently of the factory on the whole site or part of the site if the site is subdivided at any time in the future. 16. All material used in the Biomass process shall be material from the existing site only, as edged red on Figure 1.2 of the submitted plans. 17. No work in connection with the construction of the scheme hereby approved shall take place until Noise and Dust Management plans for the construction phase have been submitted to and approved by the Local Planning Authority. The approved Noise and Dust mitigation measures shall be fully implemented for the entire duration of the construction phase.

REASON(S)

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

4. For the protection of controlled waters. 5. For the protection of controlled waters. 6. For the protection of controlled waters. 7. For the protection of controlled waters. 8. In the interests of residential amenity and highway safety. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 14. To ensure that adequate emission monitoring measures are provided for the development to protect the amenities of local residents. 15. In order to minimise the impact of the development on nearby residential properties and in the interests of highway safety. 16. To restrict vehicle movements in the interests of highway safety and residential amenity. 17. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

Your attention is drawn to Network Rail's requirements included in their advice note dated 28th March and attached to this permission.

Your attention is drawn to the Environment Agency comments contained within their letter attached to this decision.

You are advised to provide details of all pile driving activity on site as part of the details required to satisfy condition 17 above. ______Page No 104

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0831 12 SUNNYRIDGE AVENUE 06/12/2013 MARFORD WREXHAM LL12 8TE COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: JS SINGLE STOREY STUDY AND TWO- STOREY SUN-LOUNGE WITH WARD: BEDROOM AND SHOWER ROOM AGENT NAME: Marford & Hoseley OVER EXTENSIONS MR GARY JAMES

APPLICANT(S) NAME: MR GARY JAMES

______

THE SITE

A large detached house located on north east side of Sunnyridge Avenue. The existing property is situated at an angle towards the highway, and therefore this angle also influences its position in relation to existing properties on both Sunnyridge Avenue and Marford Hill.

2 storey extension Single storey extension

Application Site

PROPOSAL

As above.

Page No 105

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

HISTORY

None.

DEVELOPMENT PLAN

Within settlement limits.

CONSULTATIONS

Community Council: No observations Local Member(s): Notified 12.12.13 Site Notice: Expired 13.1.14 Other representations: 5 neighbours notified, and one letter received raising the following: • The extension will cause significant over dominance to Tall Trees which is situated below the extension. • This extension will bring the existing elevations 5.5m closer to Tall Trees • The extension will cause overlooking to entire rear garden and patio area of Tall Trees, and into windows.

SPECIAL CONSIDERATIONS

Impact on neighbours: Two extension elements are included as part of this application – a single storey extension to replace an existing glazed ‘snug’ or porch, and a two storey rear extension to replace a single storey sun lounge.

The proposed single storey extension will have no impact on neighbours.

The two storey part will fill in the L-shape as found on the existing house, and at first floor level, the extension includes a larger corner window and a shower (en-suite) window on the elevation facing towards the Marford Hill properties. This extension has raised as an objection – for reasons of overlooking (and loss of privacy) to the garden areas and windows of the property called Tall Trees, which is located below the site.

The nearest corner of the extension to Tall Trees is about 23 metres away as measured from maps, and the windows within the nearest elevation will be 5m closer than those on the current property. Along flat ground this amenity separation distance is normally acceptable, but where there is a difference in ground levels, LPGN 21 confirms that the separation distance should be increased. In this instance the ground level difference is significant, and as a result of this difference it unlikely that views down into the neighbours’ garden from the extension will be required – as views over the Cheshire plains will be the main view. Also there is an existing first window within the same Page No 106

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 elevation. However the appearance and position of the extension, will give the impression of being more overlooked.

Currently, the application does not contain any cross section information to demonstrate the position of the extension to Tall Trees, but this will be provided to confirm the relationship. As a result this will help ensure that the possibilities of overlooking towards Tall Trees is assessed and its impact can be controlled by a landscaping scheme – to all the hedge to grown higher at the boundary and to plant some suitable trees, or other landscaping. All these can be controlled by a planning condition if required.

The corner position of the first floor window could also cause some overlooking issues for Bryntirion – but this property is much further away (about 32m) than Tall Trees.

Conclusion: Subject to consideration about a landscaping scheme for the area near to the boundary with Tall Trees, and the imposition of appropriate conditions, the impact of the development is considered acceptable, and it is recommended 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. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the building facing east. 4. Before development commences, a scheme of landscaping measures shall be submitted to and approved by the Local Planning Authority to provide details for a suitable hedgerow screen at the boundary between the site and the property called Tall Trees together with other planting, to give screening to rear windows at Tall Trees from proposed first floor windows within the 2 storey rear extension hereby approved. The subsequently approved scheme of details shall be fully implemented within the first planting season following first use of the extension, and the approved height of the screen shall thereafter be retained in accordance with the approved scheme of details.

REASON(S)

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

The scheme of landscaping referred to in the above conditions shall include any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. ______Page No 108

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0842 77 FFORDD GLYN WREXHAM 10/12/2013 LL13 7QW

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa TWO-STOREY FRONT EXTENSION KH AND SINGLE STOREY REAR EXTENSION WARD: AGENT NAME: Erddig APPLICANT(S) NAME: MR LEE GARRETT MR LEE GARRETT

______

THE SITE

Detached property located off the northern side of a cul-de-sac on Ffordd Glyn.

Single storey extension

Two storey extension

PROPOSAL

Two-storey front extension and single-storey front extension and single-storey rear extension.

Page No 109

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

HISTORY

None

DEVELOPMENT PLAN

Within settlement. Policies PS1 and GDP1 of the UDP refer.

CONSULTATIONS

Community Council: No comments Local Member: Notified 13.12.13 Highways: Existing driveway should be widened to a minimum width of 5.6m. This would enable sufficient parking within the curtilage and enable access by wheelchair/mobility scooter alongside any parked cars. Other Representations: 4 letters of objection on the basis the proposal will increase on-street parking requirement on the adjacent cul-d-sac, overlooking and loss of privacy to nearby properties with side windows and concerns that the materials used should match existing. Site Notice: Expired 09.01.14

SPECIAL CONSIDERATIONS/ISSUES

Design/Scale: Proposal involves a two-storey extension to the front of the property and single storey rear extensions. The two-storey front extension will project from the existing garage and will involve removal of an existing balcony. The extension will not project beyond the front of the existing dwelling. The design is sympathetic to the property and will respect the streetscene. The extension will not compromise the amenity of nearby properties.

The application also provides a substantial rear single-storey extension which will provide an adapted bedroom/adapted bathroom for a disabled person and a carer’s bedroom. In the context of the existing dwelling the scale, form and design is considered acceptable. The extension, however, has raised concerns from two neighbouring properties that side windows will compromise privacy due to the close proximity to windows on their properties. I am discussing possible mitigation with the applicant to alleviate the problems.

A condition will require details of materials.

Parking: Objections have been raised from nearby residents on the basis that given the number of bedrooms it will increase the need for on-street parking on the adjacent cul-de-sac. Adopted parking standards require four Page No 110

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 spaces where there is five or more bedrooms and by making minor modifications to the existing parking area, four cars could be accommodated and allow pedestrian access (including wheelchair access) alongside parked cars. A condition will require the alterations to the existing parking area.

Conclusion: Discussions are on-going with the applicant regarding the problematic side windows. Subject to these issues being addressed then I will be satisfied the scheme will not compromise nearby residential amenity. Minor alterations to the existing parking areas will enable sufficient parking within the site and the design and scale of the extensions respect the building and streetscene.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until samples of all external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Details of improved parking provision within the site curtilage shall be submitted to and approved, in writing, by the Local Planning Authority. The works, as approved, shall be provided prior to the first use of the development and retained thereafter solely for parking of vehicles. 4. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the extension facing south-east and north-west.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure adequate parking facilities are provided and maintained within the curtilage of the site in the interests of highway safety. 4. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

With regard to Condition 03 the existing driveway should be increased to a minimum width of 5.6m, which will enable adequate parking within the curtilage and allow access for pedestrians/wheelchair users.

Page No 111

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

A section 184 consent will be required to widen the existing dropped kerb.

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0843 UNIT 2A BERSE ROAD WREXHAM 05/12/2013 LL11 2BL

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa CHANGE OF USE TO ALLOW DUAL MP USE OF PREMISES FOR CLASS A1 (RETAIL) OR CLASS B8 (STORAGE WARD: AND DISTRIBUTION) USE, AGENT NAME: Brynyffynnon TOGETHER WITH EXTERNAL ICENI PROJECTS ALTERATION INCLUDING CLAIRE DAY OBSCURING EXISTING WINDOWS (FRONT ELEVATION) AND INSTALLATION OF 1 NO FIXED AND 1 NO REMOVABLE BOLLARD (SIDE ELEVATION)

APPLICANT(S) NAME: SCREWFIX DIRECT LTD

______P/2013 /0843 THE SITE

Application site

Page No 113

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

PROPOSAL

The proposal would allow the premises to be used for its current Class A1 Retail use or for a Class B8 Storage and Distribution use. The permission will allow the landlord a degree of flexibility should the applicants vacant the premises. However should the premises be used for a purpose within Class B8 continuously for a period of 10 or more years, then this would become the sole lawful use of the premises.

The applicants supply materials to the building industry with products being sold via the internet, over the phone and on-site from a trade counter. The applicants business falls within Class B8 with the trade counter/collection areas accounting for 10% of the total floor space.

HISTORY

6/11911 Erection of 30,000 sq.ft Class I retail development (without food) and alteration to existing pedestrian access. Refused 24.7.85. Allowed on appeal 8.8.86. 6/13479 Erection of Class I (non-food) development and alteration to existing vehicular and pedestrian access (partly in retrospect). Reserved matters approved 26.3.87

DEVELOPMENT PLAN

Within settlement. Policy GDP1, E4, S9 and T8 apply.

CONSULTATIONS

Community Council: No objection to dual use (retail and storage combined) however the Community Council does object to storage only. It is expected that a further application will be needed for any changes to signage. Local Member: 13.12.13 Public Protection: Consulted 13.12.13 Highways: The proposed combined A1/B8 use is unlikely to result in any increase in demand in parking at the site. No objections in highway grounds. Site Notice: Expired 8.1.13 Other Representations: 1 letter making the following comments: - no objection; - pleased Screw Fix are intending to locate here and that the site is going to be used.

Page No 114

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

SPECIAL CONSIDERATIONS

Policy: The site is an unallocated site within the settlement limits of Wrexham. Policy E4 permits employment development, which includes uses falling within Class B8, on such sites provided they also accord with policy GDP1.

Whilst the premises could continue to operate or be converted back to a retail use if this permission is granted, its use for a purpose falling within Class B8 would result in the loss of a shop therefore policy S9 is technically applicable.

The premises have been vacant since its previous tenant, Allied Carpets, went into administration in 2009. No evidence has been provided to demonstrate that is can no longer be viably be used for retail purposes or that it has been unsuccessfully been marketed for sale or rent for a period of 12 months. Whilst this may be so, policy S9 is intended to provide protection for local shops, post offices and other facilities such as public houses that are important to the social and economic wellbeing. The last use of the premises was as a large non-food retail premises that I do not consider to be essential to the social and economic wellbeing of local residents in the same way as a shop or post office. Accordingly I find no conflict with policy S9.

Economic Benefits: Planning Policy Wales advises local planning authorities to support the re-use of vacant sites and to adopt a positive approach to applications for economic growth.

The proposals demonstrate intent to bring a building that has been vacant for a considerable period of time back into use. The submitted details suggest that up to 18 people will be employed on site of which 7 will be full time. This will clearly be of benefit to the local economy.

Amenity: The use of the building for a purpose falling within Class B8 with trade counter should not give rise to a significantly different or greater impact upon the amenity afforded to the occupiers of nearby properties. The nearest dwelling is some 50 metres from the building.

Whilst I appreciate trade customers are more likely to arrive in vans or light goods vehicles than customers of a retail unit I do not anticipate these giving rise to significant levels of disturbance, particularly as Berse Road, a busy classified highway, separates the site from the nearest dwellings.

The applicants are proposing opening hours of 7am to 8pm Monday to Friday, 8am to 6pm Saturdays and 10am to 4pm on Sundays and Bank Holidays. The adjacent B & Q store opens during these times and there is also likely to be traffic passing along Berse Road. I do not anticipate trade customers arriving/leaving will give rise to significantly more noise in the vicinity of the site than there will otherwise be at these times. It is also worth noting that the planning permission for the existing retail use imposes no restriction on opening times, so, with the exception of Sundays, it would be possible to for a Page No 115

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014 retail tenant to operate earlier and/or later that the opening times proposed by the applicant.

The building has a service area where I would anticipate any larger vehicles visiting the site being loaded/unloaded. This area was and could continue to be used to service a retail use irrespective of whether this application is successful. The planning permission for the existing retail use imposes no restrictions on times when deliveries can be made to the site. Taking all of these matters into account, the servicing of the site is unlikely to result in significantly more noise than otherwise would be the case were the premises to continue to be used for a purpose within Class A1.

Appearance: The submitted plans confirm that there will be no physical changes to the external appearance of the building. Accordingly its use for a purposes falling within Class B8 will not detract from the appearance of the site or the wider locality.

Access and Parking: The site access currently serves 4 retail units, including the building subject to this application, and can safely accommodate HGVs, light goods vehicles and cars. There is adequate provision within the site for the turning and unloading of service vehicles.

The building is served by a large car park shared with the adjacent units (2B and 2C Berse Road). Use of the premises for a purpose within Class B8 would, in accordance with LPG16, require significantly fewer parking spaces than the existing A1 use so even allowing for the possibility of trade customers arriving in vans or light goods vehicles, there is unlikely to be any highway safety or parking issues.

Signage: Any signage requiring advertisement consent will need to be subject to separate application. The impact of any such signage will be considered at that time and the application subject to appropriate publicity.

Conclusion: The development accords with UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. ______Page No 116

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

LIST OF DELEGATED DECISIONS ISSUED

WRO P/2013/0094 GWERN ALYN HOUSE 48 PERCY EXTENSION TO EXISTING DAYROOM TO GRANTED ROAD WREXHAM LL13 7EF PROVIDE IMPROVED FACILITIES FOR on 02/01/2014 RESIDENTS WRC P/2013/0387 1 CHARLES STREET WREXHAM ALTERATIONS TO PLANS APPROVED UNDER GRANTED LL13 8BT CODE NO P/2012/0430 TO EXISTING ICE CREAM on 08/01/2014 BAR AND RESTAURANT TO NOODLE BAR WITH GARDEN CAFE AND REAR PEDESTRIAN ENTRANCE COE P/2013/0483 FORMER BAKERY HIGH STREET CHANGE OF USE FROM BAKERY (USE CLASS REFUSED COEDPOETH WREXHAM LL11 3UE B1) AND CHANGE OF USE OF PART OF on 02/01/2014 ADJACENT ST TUDFIL'S CHURCH YARD (USE CLASS D1) TO CONVENIENCE STORE (A1), INCLUDING PART DEMOLITION, EXTERNAL ALTERATIONS, NEW CAR PARKING, AMENDED ACCESS AND ASSOCIATED WORKS. WRO P/2013/0525 PLOTS 6 TO 14 FORMER SUBSTITUTION OF HOUSE TYPES CONSISTING GRANTED WATERWORKS SITE MAESGWYN OF 9 NO. TWO STOREY DETACHED DWELLINGS on 20/12/2013 ROAD WREXHAM LL11 2AP WRC P/2013/0550 55 TOWER VIEW WREXHAM LL13 SINGLE STOREY BEDROOM EXTENSION AT GRANTED 9BE REAR OF PROPERTY on 02/01/2014 MAE P/2013/0571 LAND WEST OF AND ADJACENT TO CREATION OF 1 SHARED AGRICULTURAL WITHDRAWN HILLSIDE OVERTON ROAD PENLEY ACCESS BETWEEN HILL FARM AND HILLSIDE on 17/01/2014 WREXHAM LL13 0LY AND CLOSURE OF 2 NO. EXISTING ACCESSES ESC P/2013/0681 BEECHWOOD FARM CADWGAN RETROSPECTIVE APPLICATION FOR GRANTED ROAD ABEROER WREXHAM LL14 EQUESTRIAN MENAGE (FOR PERSONAL USE) on 08/01/2014 4LG WRR P/2013/0689 26 TO 30 GROSVENOR ROAD FELL 1 SYCAMORE AND 1 HOLLY AND CROWN GRANTED WREXHAM LL11 1BU RAISE 2 SYCAMORES TO 3 - 4 METRES AND on 08/01/2014 REDUCE CROWNS TO CLEAR BUILDINGS BY 2 METRES. TREES PROTECTED BY GROSVENOR ROAD CONSERVATION AREA WRR P/2013/0706 26 TO 30 GROSVENOR ROAD PRUNE BACK FROM BUILDING TO ACHIEVE 2 GRANTED WREXHAM LL11 1BU METRES CLEARANCE AND CROWN RAISE TO on 13/01/2014 ACHIEVE 2.5 METRES HEIGHT CLEARANCE OVER FOOTWAY AND 5.2 METRES OVER ROAD 1 ASH (T25) 1 WEEPING ASH (T26) AND 1 YEW (T27) AND REDUCE BACK LOWER SPLIT LIMB (SHOWN ON SUBMITTED PHOTOGRAPH) OR REMOVE LIMB (IF REQUIRED ON FURTHER INSPECTION) FROM WEEPING ASH (T26) TREES PROTECTED BY TPO WMBC NO 7 ROS P/2013/0738 PRENHELYG CROESHOWELL LANE ALTERATIONS TO EXISTING DETACHED GRANTED BURTON WREXHAM LL12 0LB GARAGE TO FORM HOME OFFICE on 08/01/2014 LLR P/2013/0742 PEN Y GAER BUNGALOW PEN Y DEMOLITION OF EXISTING DWELLING AND GRANTED GAER ROAD GARTH LLANGOLLEN ERECTION OF REPLACEMENT DWELLING, on 19/12/2013 WREXHAM LL20 7YN CONSTRUCTION OF NEW VEHICULAR ACCESS AND INCORPORATION OF LAND INTO RESIDENTIAL CURTILAGE HAN P/2013/0744 1 THE COTTAGES HORSEMANS 2 STOREY EXTENSION TO EXISTING DWELLING GRANTED GREEN ROAD HORSEMANS GREEN AND CONSTRUCTION OF DETACHED on 08/01/2014 WREXHAM SY13 3DY WORKSHOP/STORE ROS P/2013/0745 1 THE COPSE STATION ROAD REMOVE EPICORMIC GROWTH ANNUALLY FOR GRANTED ROSSETT WREXHAM LL12 0GD A PERIOD OF 5 YEARS TO A HEIGHT WHERE on 19/12/2013 THE STEM BIFURCATES FROM 1 LIME (T33) AND CROWN RAISE TO A HEIGHT OF 4M FROM GROUND LEVEL AND PRUNE BACK FROM STREET LIGHT TO ACHIEVE 2M CLEARANCE FROM 1 COPPER BEECH (T34). TREES PROTECTED BY TPO WCBC 10. Page No 117

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

GLY P/2013/0747 BRYN ARDDYN NANTYR CONVERSION OF EXISTING OUTBUILDING TO GRANTED WREXHAM LL20 7DH DWELLING, INCLUDING RAISING EXISTING on 02/01/2014 ROOF LEVEL TO FORM FIRST FLOOR ACCOMODATION. FORMATION OF NEW ACCESS FROM HIGHWAY ONTO NEW DRIVEWAY. CEF P/2013/0749 HOLLYBUSH INN WELL STREET REMOVAL OF CONDITION NO. 12 OF PLANNING GRANTED CEFN MAWR WREXHAM LL14 3AE PERMISSION CODE NO. P/2013/0400 RELATING on 02/01/2014 TO SCHEME DETAILING THE LAYOUT AND CONSTRUCTION OF PROPOSED PEDESTRIAN ACCESS GLY P/2013/0754 CAE MOR LLWYN MAWR ERECTION OF DETACHED SWIMMING POOL GRANTED PONTFADOG LLANGOLLEN BUILDING on 08/01/2014 WREXHAM LL20 7BE HOL P/2013/0755 BEL AIR CASTLE STREET HOLT INTERNAL ALTERATIONS AND ALTERATIONS GRANTED WREXHAM LL13 9YW TO REAR ELEVATION on 08/01/2014 CHI P/2013/0757 CAEAUGWYNION FRON ISAF CHIRK CHANGE OF USE OF OUTBUILDING WITHIN GRANTED WREXHAM LL14 5AD RESIDENTIAL CURTILAGE TO HOLIDAY LET on 20/12/2013 CHI P/2013/0758 CAEAUGWYNION FRON ISAF CHIRK REAR EXTENSION, REPLACEMENT GARAGE GRANTED WREXHAM LL14 5AD AND OUTDOOR SWIMMING POOL on 20/12/2013 HOL P/2013/0760 BELLIS BROTHERS COUNTRY EXTENSION TO SIDE OF EXISTING UNIT TO GRANTED MARKET LTD WREXHAM ROAD PROVIDE NEW OFFICE on 19/12/2013 HOLT WREXHAM LL13 9YU GRE P/2013/0762 CHARTWOOD PANT LANE PRUNE BACK CROWN OVER GARDEN BY 2.5 GRANTED GRESFORD WREXHAM LL12 8SJ METRES LATERAL LENGTH FROM TWO on 07/01/2014 SYCAMORES (T1 AND T3) AND PRUNE BACK CROWN OVER GARDEN BY 3.5 METRES LATERAL LENGTH FROM ONE OAK (T2) (TREE PROTECTED BY TPO WCBC NO 83) HOL P/2013/0767 DEESIDE COTTAGE DEE SIDE HOLT REMOVE ONE LEYLANDII PROTECTED BY THE GRANTED WREXHAM LL13 9YT HOLT CONSERVATION AREA on 19/12/2013 BRO P/2013/0769 DISUSED ACCESS ROAD AT REAR CHANGE OF USE TO DOMESTIC GARDENS GRANTED OF PROPERTIES ON OAKFIELD on 20/12/2013 COURT NEW BROUGHTON WREXHAM LL11 6ER CEF P/2013/0770 LAND AT 18 PARK ROAD OUTLINE APPLICATION FOR ERECTION OF TWO WITHDRAWN RHOSYMEDRE WREXHAM LL14 3EF BEDROOM BUNGALOW on 17/01/2014 RUA P/2013/0776 3 WEST END TERRACE PONT ADAM EXTENSION TO EXISTING PARKING AREA, GRANTED RUABON WREXHAM LL14 6EA PROVISION OF NEW PITCHED ROOF ON on 02/01/2014 EXISTING BRICK STORE AND REPLACEMENT OF BROKEN GLASS, ERECTION OF NEW TIMBER GARDEN ROOM AND RETROSPECTIVE PLANNING PERMISSION FOR REPLACEMENT GARDEN SHED MAE P/2013/0778 PENLEY RAINBOW CENTRE DISPLAY OF FREE-STANDING POSTER CASE GRANTED WHITCHURCH ROAD PENLEY SIGNAGE on 08/01/2014 WREXHAM LL13 0GB LLR P/2013/0779 BOD EINION LLANGOLLEN ROAD TWO-STOREY REAR EXTENSIONS GRANTED TREVOR WREXHAM LL20 7TN on 19/12/2013 WRC P/2013/0781 ST ANNES RC PRIMARY SCHOOL ERECTION OF NEW DOUBLE MOBILE GRANTED PRINCE CHARLES ROAD CAIA PARK CLASSROOM on 08/01/2014 WREXHAM LL13 8TH MIN P/2013/0782 PLAS Y PANT BRYN MADOC ROAD SINGLE STOREY EXTENSION TO PROVIDE GRANTED GWYNFRYN WREXHAM LL11 5UP SNUG ROOM, DINING ROOM AND FITNESS on 08/01/2014 ROOM HAN P/2013/0784 ADJACENT TO NORTHERN EDGE COPPICE THREE WILLOW TREES (W1, W2, W3) GRANTED OF HANMER MERE HANMER PROTECTED BY HANMER CONSERVATION on 07/01/2014 VILLAGE ROAD HANMER AREA WHITCHURCH SY13 3DF Page No 118

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 February 2014

HAN P/2013/0785 MAGPIE COTTAGE STRIGA LANE FELL ONE LEYLANDII (L1) PROTECTED BY GRANTED HANMER WREXHAM SY13 3DE HANMER CONSERVATION AREA on 08/01/2014 WRR P/2013/0787 9 AND 11 GROVE PARK ROAD APPLICATION FOR CERTIFICATE OF LAWFUL GRANTED WREXHAM LL12 7AA DEVELOPMENT FOR EXISTING USE OF on 19/12/2013 PREMISES AS NON-RESIDENTIAL TRAINING SCHOOL RHO P/2013/0788 THE RAILWAY SMITH STREET CONSTRUCTION OF NEW ENTRANCE DOOR IN REFUSED RHOSLLANERCHRUGOG WREXHAM GABLE WALL AND SMOKING SHELTER AND on 19/12/2013 LL14 1AR ERECTION OF 1.8M HIGH FENCING FORMING EXTERNAL ENCLOSURE WRA P/2013/0791 18 TRIDENT WAY WREXHAM LL13 SINGLE-STOREY SIDE EXTENSION INCLUDING GRANTED 9LJ CONVERSION OF GARAGE on 08/01/2014 WRA P/2013/0792 5 LAWSON CLOSE WREXHAM FIRST FLOOR EXTENSION GRANTED LL12 7BJ on 13/01/2014 MAE P/2013/0795 SMALL FARM TARTS HILL HANMER CHANGE OF USE OF PREVIOUSLY GRANTED GRANTED WHITCHURCH SY13 3DR SIDE EXTENSION TO ACUPUNCTURE/HOLISTIC on 19/12/2013 THERAPY BUSINESS BRY P/2013/0802 THE BARN PENTRE SAESON FARM ERECTION OF SUMMERHOUSE GRANTED BRYMBO ROAD BWLCHGWYN on 15/01/2014 WREXHAM LL11 5TY BRO P/2013/0803 CROFT CLAYTON ROAD PENTRE SINGLE-STOREY REAR EXTENSION GRANTED BROUGHTON WREXHAM LL11 6BL on 08/01/2014 CHI P/2013/0808 12 CHURCH VIEW CHIRK REMOVE LOWER BRANCHES (EG. CROWN GRANTED WREXHAM LL14 5PD RAISE) TO A HEIGHT OF 4 METRES WHEN on 13/01/2014 MEASURED FROM GROUND LEVEL FROM ONE OAK (T1) PROTECTED BY TPO WMBC 111, 2006. ABE P/2013/0810 LAND ADJACENT TO GRAPHTEC ERECTION OF PURPOSE BUILT INDUSTRIAL WITHDRAWN COED ABEN ROAD WREXHAM BUILDING on 13/01/2014 INDUSTRIAL ESTATE WREXHAM LL13 9UH ROS P/2013/0814 WOODLAND AND POND ADJACENT REMOVE 6 HORSE CHESTNUT TREES (T1, T2, GRANTED TO DARLAND HALL OFF DARLAND T3, T5, T7 AND T17) AND MINOR SCRUB AND on 21/01/2014 LANE ROSSETT WREXHAM LL12 NATURAL REGENERATION FROM THE WORK 0BA AREA SHOWN ON DRAWING REF DWR/TCP/11/13/01. TREES PROTECTED BY TPO WCBC NO. 9 WRO P/2013/0826 33 RUABON ROAD WREXHAM LL13 FELL ONE MULTI-STEMMED CRENATA (T1) AND GRANTED 7PG REMOVE STUMP. REPLACMENT TREE TO BE on 17/01/2014 PLANTED. SPECIES OF TREE, STOCK SIZE AND LOCATION TO BE AGREED WITH LOCAL AUTHORITY. LLA P/2013/0834 QUARRY BANK FARM DARK LANE ERECTION OF STEEL FRAMED GENERAL GRANTED BURTON ROSSETT WREXHAM LL12 PURPOSE STORE on 08/01/2014 0AE