AGENDA ITEM NO. 4

REPORT TO: Planning Committee

REPORT NO. HCWD/34/13

DATE: 4 November 2013

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.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

Community Code No Applicant Recommendation Page No

ROS P/ 2013/0378 MR J JENNINGS GRANT 2 - 9

WRO P/ 2013/0419 Q2 LEISURE AND GRANT 10 - 20 LETTINGS LTD MR M MURTON

WOR P/ 2013/0517 MR S PAINTER GRANT 21 - 26

BRY P/ 2013/0567 MISS PETA GRANT 27- 30 PARKHOUSE

BRY P/ 2013/0586 TAYLOR WIMPEY GRANT 31 – 44 MANCHESTER LTD MR M CALVERT

WRC P/ 2013/0598 MR G POWELL GRANT 45 - 53

OVE P/ 2013/0599 MR M CHILVER GRANT 54 - 56

MAE P/ 2013/0603 DERWEN COLLEGE GRANT 57 - 61

WOR P/ 2013/0620 MISS VICKI BARLOW GRANT 62 – 65

SES P/ 2013/0624 THE CO OPERATIVE GRANT 66 – 70 GROUP

SES P/ 2013/0625 THE CO OPERATIVE GRANT 71 – 74 GROUP

MIN P/ 2013/0651 MR RON DAVIES GRANT 75 – 77

Total Number of Applications Included in Report: 12

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

All plans are intended to be illustrative only and should be used only to identify the location of the proposal and the surrounding features. The scale of the plans will vary. Full details may be viewed on the case files.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0378 HOLMWOOD BURTON ROAD 03/06/2013 LL12 0HY COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: PF CHANGE OF USE OF AGRICULTURAL LAND TO WARD: RESIDENTIAL (IN RETROSPECT) AGENT NAME: Rossett AND TWO STOREY REAR / SIDE AGD ARCHITECTURTAL EXTENSION AND SINGLE STOREY LTD SIDE EXTENSION MR A GAMBLE

APPLICANT(S) NAME: MR J JENNINGS ______

THE SITE

Land subject Position of to change of extension use

Existing barn

Ty Newydd

Settlement limit Access

PROPOSAL

As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

HISTORY

No relevant history.

DEVELOPMENT PLAN

The site is located outside but adjoining Burton settlement limit. The land is within a Special Landscape Area and a Green Barrier. Policies PS2, GDP1, EC1, EC2, EC5 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 13 – Housing in the Countryside, 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

Consultation responses below were submitted prior to and after the application documentation was amended to include the retrospective change of use of land. Where responses were received following the period of reconsultation, those responses are shown in italics.

Community Council: Supports the application Local Member: The proposal will result in the permanent loss of Grade 2 agricultural land which may result in land creep. The extension transforms the original house from a traditional farm cottage to an executive style house in excess of the guidance in LPG13. LPG13 also states that change of use of agricultural land will not be allowed if the existing dwelling already has a substantial garden area or if the land is required for extensions or additional buildings. Site Notice: Site notices expired 20.09.2013 Other Representations: 3 neighbouring occupiers notified. 5 representations received raising the following points: • The application covers two plots of land which are each shown as a single entity on Land Registry plans. These plots were maintained separately by the previous land owner; • The land in question is Grade 2 agricultural land. Policy EC2 of the Wrexham UDP states such land should not be irreversibly lost to such development; • The land is within Green Barrier and Special Landscape Area as defined by Page No 4

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

policies EC1 and EC5 of the Wrexham UDP; • The use of the land as a garden extension does not accord with LPG13 due to its scale; • The only access to Holmwood is over third party land where the occupiers only have a right to pass and re-pass; • The granting of this planning application could set a precedent for land creep; • The scale of the built development would clearly be overbearing and out of scale with the existing dwelling and would not be subsidiary contrary to LPG13 guidance; • Suggestion that conditions to control further permitted development of the land and control over construction times should be imposed if development is approved;

• The proposal will result in a precedent being set for ‘land creep’ and pressure to allow further such development in the open countryside will occur as a result; • The proposal will result in the irreversible loss of quality agricultural land; • The proposed extension represents a change from a traditional rural cottage to a modern executive style house and extends the floor area by more than 100%; • The proposal will result in a large increase in the plot size to facilitate the built development and is contrary to LPG13 as is the need to increase the curtilage to facilitate built development which will almost all be on agricultural land; • Various questions on the amended planning application form have incorrectly been answered. These relate to the presence of trees on site, the access arrangements and vehicle parking provision; • The layout of new window openings will significantly reduce the privacy enjoyed by the occupiers of the neighbouring Page No 5

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

dwelling (Ty Newydd). The Council should seek amendments to address this; • Wrexham’s guidelines state that extensions should be clearly subsidiary to the original dwelling and not be more than a third increase in floor area. This proposal seeks to extend in excess of 100% clearly in excess of guidance; • Suggestion that conditions to control further permitted development of the land and control over construction times should be imposed if development is approved; • Development of neighbouring plots has respected existing boundaries and has not resulted in encroachment in the open countryside; • Planning permission should not be granted without having full regard to the owners intentions to change the use of the land with the intention of carrying out built development on the land; • Attempts to redraw the boundary of the property have been underway since 2007/8 when the existing boundary was removed; • Significant concern that specialist evaluation of the loss of the Grade 2 agricultural land has not been requested. This thinking by the LPA is fundamentally flawed as once changed the agricultural land will be lost for ever; • Concerns raised that the site has not been adequately assessed by a Planning Officer and the points raised in representations have been misunderstood and the relevant local and national planning policies are not being applied correctly; and • The re erected site notice following a change of description was placed within private grounds – not appreciating the extent of the neighbouring private grounds. Page No 6

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SPECIAL CONSIDERATIONS/ISSUES

Background: This planning application was submitted as a householder proposal for the extension to the existing dwelling. However, upon visiting the site and having considered the planning history it was noted that an encroachment of the residential curtilage had occurred into the adjoining agricultural land. The application was therefore amended to include this retrospective element as part of the proposal and a subsequent reconsultation exercise carried out.

The applicant is currently in the process of carrying out works to an existing barn structure to the northern boundary of the site and to erect an additional outbuilding. The works generally consist of a significant amount repair and alterations to the building to facilitate a use incidental to the enjoyment of the existing dwelling house. These works have been monitored by the planning department and at this time, they are considered to be permitted development. The planning department will continue to monitor the situation as works continue.

Policy: The entire application site is located within an area designated as Green Barrier and Special Landscape Area. The determining factors in this case are whether to allow the proposal would have a detrimental impact upon the special landscape character of the area or erode the openness of the countryside location in view of the principles of ensuring against the coalescence of settlements and protecting the setting of village boundaries.

There is specific guidance in LPG13 which relates to garden extensions and the extension of dwellings in the open countryside. There is a presumption against garden extensions where there is an existing generous curtilage or where the extension is required to facilitate built development. There is also a presumption against extensions to dwellings houses where they exceed 1/3 of the existing floor area. However LPG13 does confirm that exemptions over the 1/3 limit may be justified where the existing dwelling does not meet modern day living standards or where a higher standard of design, in keeping with the exiting dwelling can be achieved. Also it must be noted that recent changes to ‘permitted development’ limits will allow some properties to extend by a size greater than a third, without any need for permission.

Change of use: The land subject to the change of use equates to approximately 1730 square metres, which is almost the same size as the existing curtilage of Holmwood. It is a linear strip, a maximum of 20 metres wide running adjacent to the existing boundary with Holmwood, the footprint of which forms the immediate boundary of the agricultural land. A range of attached outbuildings once connected the dwelling and the large barn on the north eastern boundary, however a gap has been made between these buildings over the years as the boundary walls have been removed. This once formed a substantial boundary, but has now resulted in the former barn taking appearance of an outbuilding.

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Aerial photography dating back to 2000 appears to suggest that this arable land was left untouched to form a buffer between the dwelling footprint and the productive land, and as such had a character of forming part of the curtilage with Holmwood because it is located immediately adjacent to the property. A balustraded decked area of hard standing has been placed at the far north of the land and is the only urbanising feature on the land in question.

Given the shape of the area that is intended for the change of use, and the proposed minimal change in the soft landscaping for this area, and the size of the resulting curtilage in relation to neighbouring properties, I do not consider that the change of use of this land will cause harm to the special landscape character or the impact upon the setting of the village boundary ultimately eroding the reason for including the land within the Green Barrier. Any historical relationship of the boundary layout of the former Cam yr Alyn Estate is noted, but this historical context has been somewhat eroded by the development of the village. The site does not form part of any historical registered park or garden.

The application site is also classified as Grade 2 agricultural land, being of a high quality and the best and most versatile in the area. Policy EC2 requires that such land should not be irreversibly lost as a result of development. I am satisfied that the change of use of the land to garden area will not result in the irreversible loss of this land and the footprint of the built development is small in comparison to the land in question, and will not make the remaining area less easy to farm. In any case, aerial photography over the previous 13 years suggests that the land in question has not been used for production, and it is does appear preferable to retain a reasonable buffer between the agricultural land and the footprint of the dwelling house. In this instance I do not consider there is a need for a full assessment of this matter by the submission of a full evaluation of the land.

Design: The proposed extension equates to an increase in the floor area of the dwelling by approximately 100%. Whilst this is well in excess of 33%, I am mindful that the existing dwelling is situated in a large plot, is surrounded by properties of similar sized curtilages and the footprint and internal configuration of the existing dwelling is restrictive. The proposal is designed in a manner which respects the character of the existing dwelling and replicates features of its design, most notably the inclusion of a matching steep pitched dormer on the south eastern elevation and the matching of the gables on the double fronted proposed north western elevation. The existing attached garage and outbuilding are proposed to be removed and included within the footprint of the proposed single storey extension. The design of the extension also seeks to utilise matching sized window openings and the use of matching materials.

Holmwood and its surrounding curtilage is relatively well screened from a wider public viewpoint as it is set back from the public highway in its own grounds. As a result of the high standard of design and the location of the dwelling in relation to the village boundary, I am satisfied that the proposal will Page No 8

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 not have an adverse impact upon the special landscape character of the area or the openness of this location. It will also improve the appearance of the current rear elevation of the property.

Amenity: The extensions are predominantly proposed on the north western elevation of the existing property which faces the open agricultural land. The nearest dwelling to the application site is Ty Newydd. This is located some 46 metres from the footprint of Holmwood, but the boundary between the two is 12 metres away. An additional window is proposed at first floor level facing this boundary, as well as a balcony on the south western elevation which does not directly face or is not directly adjacent to the curtilage of Ty Newydd. However given the scale of the land surrounding Ty Newydd I do not consider that there will be a loss of privacy for these occupiers and as such no amendments have been sought.

Other matters: The application site is accessed along a private drive within the control of Ty Newydd with the owners of Holmwood having the legal right to pass and re-pass. Any dispute regarding land ownership or the damage which may be caused to this track is not a material planning consideration and is a private matter between the parties involved.

Whilst concerns have arisen regarding the precedent that allowing such a proposal for other development in the area may set, all proposals are dealt with on their own merits and the special considerations that have arisen in this case have been considered carefully. I do not consider that this will lead to a precedent for future harmful development to occur.

The site has been visited on several occasions by the case officer where a full assessment has been made. Although a site notice concerning the amended scheme was erected in a different position, this was moved by a neighbouring occupier (with the full knowledge of the Case Officer) to a telegraph pole on Burton Road where the original notice was located. A full period for re- consultation has been allowed.

Conclusion: I am satisfied that this proposal accords with all the national and local planning policy and has been justified. I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. 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 Page No 9

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 take place under Classes A to G of Schedule 2 Part 1 or Class A of Schedule 2 Part 2 other than the development hereby granted permission. 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.

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. The site is located in an area which is regarded to have a special landscape character where the control over further development of the site is considered necessary. 4. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

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

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

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

The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. ______Page No 10

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0419 33 TO 35 BROOK STREET 17/06/2013 WREXHAM LL13 7LH COMMUNITY: CASE OFFICER: Offa DESCRIPTION: KH DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF WARD: RESIDENTIAL STUDENT AGENT NAME: Offa ACCOMMODATION WITH RETAIL MATTHEW JONES UNIT WITH UNDERCROFT PARKING ARCHITECTS MR MATTHEW JONES APPLICANT(S) NAME: MR M MURTON Q2 LEISURE AND LETTINGS LTD ______P/2013 /0419 THE SITE

Located on southern side of Brook Street, Wrexham. Bars and clubs are located to the east, vacant employment/residential land to the south and Lea Road and St Marys School and residential properties to the west and south west. To the north of the site, Brook Street comprises a combination of residential, retail and food and drink uses.

Application Site

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PROPOSAL

The proposal involves the demolition of the former Scotts nightclub, and the commercial/industrial buildings previously used by Rollings Ltd, and the erection of two four-storey buildings, to provide student accommodation (for 107 students) and ground floor retail fronting onto Brook Street. Car parking is provided underneath the accommodation with provision for 54 parking spaces. Access to the car park will be off Brook Street (in-only) and egress (exit only) onto Lea Road. An ancillary drop-off facility area near the exit point will also be provided for students having items delivered or collected.

The former Scotts nightclub has a severe asbestos problem and the demolition of the building and disposal of the asbestos will be strictly controlled by the Local Authority (Building Control) in consultation with the Council’s Public Protection Department and the Health and Safety Executive.

HISTORY

P/2007/0621 Erection of 3 storey warehouse. Withdrawn

DEVELOPMENT PLAN

Within Wrexham Town Centre. Policies PS1, PS2, GDP1, EC12, EC15 and S2 of the Wrexham UDP refer. LPG notes 16 – Parking Standards and Cycling, LPG 23 – Development of sites with land contamination and LPG 30 – Design, are also applicable.

CONSULTATIONS

Community Council: Not opposed to the regeneration of the site, but regret the demolition of Scotts nightclub, a historic building but appreciate the reasons it has to come down. Some concerns relating to amount of vehicles leaving the site causing problems on Brook Street and Lea Road. The barrier system at Brook Street entrance could cause vehicles to queue on highway. Adjoining sites should not become landlocked and access needs to be maintained. It is disappointing that the two sites facing Brook Street, i.e. the taxi parking area and the small commercial garage site are not incorporated within the scheme as these sites might be difficult to develop at a later stage. They also question whether the developers would fund a residents’ parking scheme for Lea Road. Local Member: Notified 19.06.13 Public Protection: No objection but a number of conditions would be required to protect existing residential and commercial occupiers/visitors from noise and dust. Page No 12

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Conditions also required regarding protecting the amenity of future occupiers of the new accommodation. Health and Safety Executive will address asbestos issue. Highways: No objections. The ‘in only’ access onto Brook Street would utilise the existing 6.6m wide dropped kerb access and would be a significant improvement in highway terms compared to the previous two-way usage by Rollings Ltd. Similarly, the access onto Lea Road would be primarily an ‘exit only’, with occasional drop offs which again would be a significant improvement on its previous two-way usage by Rollings Ltd. Parking provision of 54 spaces to serve the students and whilst no spaces to cater for the retail units, given the sustainable location of the site, no objections to the proposed parking provision. Some limited additional drawings are required and clarification of minor issues. Natural Resources Wales: Concerned that bats may be present inside the building. Area is also within a flood zone and originally had raised concerns, but a revised Flood Consequences Assessment has been submitted, and this overcomes previous objections – although it is considered that the revised Assessment under estimates the full consequences of flooding, but it is recognised that the “highly vulnerable” residential development is to be set no lower than first floor level. Overall, when considering the existing use of the site, they consider that the development provides some flood risk betterment and provides sufficient mitigation measures to manage the consequences of flooding. Civic Society: Do not oppose the development in principle but would like to see the stone façade of the existing building incorporated. Other Representations: Three letters concerned regarding the impact of the demolition and construction vehicles and movements on the existing businesses on Brook Street. One letter is from a property owner of a number of properties on Brook Street, raising the following: - Brook Street is already a very busy road which suffers from congestion and any closures/temporary one-way system would add to congestion and damaging to the businesses on Brook Street. Page No 13

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- No contractors should park on Brook Street with the 30 minute parking utilised by customers. Suggestion that contractors should use the nearby Cambrian Yard off St Giles Way. - Access to the site should be off Lea Road. - Pavement on the south side should be kept functional with any site hoardings encroachment kept minimal. - Concerned asbestos will be dispelled into the air and the removal of asbestos strictly controlled. - Works should not be to the detriment of existing businesses whilst recognising the site needs to be developed.

One additional letter regarding the impact on Lea Road: - Already significant parking problems on Lea Road, primarily caused by the school and people parking to use the shops/businesses on Brook Street. - Whilst recognise 54 spaces provided for the students there will be undoubtedly be additional pressure in the evenings. - Should consider permits for houses on Lea Road. - What can be done regarding the school and traffic wardens should stop current abuses. - Cadwicks yard needs to be developed as it is an eyesore. Site Notices: Seven notices display, and notice expired 24.07.13 Press Notice: Expired 02.08.13

SPECIAL CONSIDERATIONS/ISSUES

General street-scene and visual impact of new buildings: Brook Street comprises a wide mix of uses and building styles. Uses include offices, shops, takeaways, clubs and residential with buildings of varying scale, mass, style and design. The scale within the immediate vicinity is 2-3 storey.

The development site currently comprises the former Scotts night club and commercial buildings previously occupied by Rollings Ltd. They offer little in terms of the street-scene. Scotts has fallen into disrepair, and whilst it has a decorative stone façade onto Brook Street, its general condition has a negative impact on the street. The problem is compounded by a significant asbestos problem which prevents the building from being used again and has to be demolished to address the current problems. The adjoining buildings on the site, previously occupied by Rollings are set back on the site and their Page No 14

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 design is not suited to their prominent location, and similarly negatively impacts on the general streetscene.

The proposed new build of 2 x four storey blocks, respects the massing of the locality and scale of the adjacent buildings. The top floor of each building has been set back from the main façade to diminish the overall scale. Whilst the buildings are modern in design and choice of materials and will contrast with more traditional buildings, they will be a sympathetic addition to the street- scene and enhance the overall character of the area. It is hoped that the development will act as a catalyst for other new development in the area.

Comprehensiveness of the scheme/ compatibility: I am aware of concerns regarding the lack of comprehensiveness of the scheme. There are other potential development sides adjoining the site and whilst planning applications for the sites have previously been submitted no permissions currently exist.

A small area of land, currently used for the parking of mini-buses and taxis, adjoining Scotts and fronting onto Brook Street and a small commercial garage on land at the corner of Brook Street and Lea Road which also fronts onto Brook Street do form part of the application. I am aware that the applicant did engage with the owners of the sites in terms of incorporating the land but was unsuccessful. Similarly with the elevated land to the rear of the site the applicant was unable to gain control over the land.

The proposed development has been designed to as far as possible ensure that adjoining sites are not compromised. All sites retain an access to a highway. The taxi parking site would be difficult to develop on it’s own but some limited development may be possible. The site at the corner of Brook Street and Lea Road is more substantial and the proposed scheme would not prejudice future development - either as some form of stand alone development or possibly tied into the student accommodation. The buildings design has helped ensure the elevated land to the rear of Scotts would still be able to accommodate development by precluding habitable rooms windows from this rear elevation. That site also retains its own access to Lea Road and this could accommodate an access link to the vacant land on the NW side of Bridge Street if required, to allow adjacent areas to be development.

Whilst ideally it would be preferable to incorporate the additional land into a larger scheme, adjoining landowners have not for whatever reason, been prepared participate in a more substantial scheme or sell the land. The owner has however incorporated a substantial second site (Rollings). In general the scheme offers an opportunity to develop the majority of the land onto Brook Street and the proposed buildings would significantly improve the character of the general area whilst resolving a severe asbestos problem and Health and Safety issue.

Highways: The proposed development site is located on Brook Street, which is a busy classified road subject to a 30mph. Page No 15

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It is proposed to utilise the existing 6.6m wide dropped kerbs to serve the development site as an ‘in only’ access. This access was previously utilised by Rollings as a two way access, and therefore using the access for an ‘in only’ arrangement is considered to be a significant improvement in highway terms. The submitted Transport Statement demonstrates that the traffic movements associated with the student accommodation use will be significantly less than the previous use.

I am aware that concerns have been raised that the proposed barrier system may result in queuing to get into the site as access would be activated by a key fob. However the proposal would allow a car to be fully clear of the road before reaching the barrier and student movements would be staggered. Therefore I would not anticipate any significant problems. Whilst Highways have no objections to the barrier (if it used effectively), I will condition a traffic management plan which will consider all options to effectively control use of the car park.

Exit from the car park will be onto Lea Road only. Lea Road is subject to a 30mph speed limit, though estimated vehicle speeds would be around 20mph given the geometry of the road. Visibility from the access point is considered acceptable. The proposed use of the access primarily as an exit only access with occasional drop offs would be a significant improvement in highway terms compared with the current 2 way usage by Rollings.

Based upon the scale of 107 student rooms and 2 small retail units, LPG 16 requires a maximum parking of 1 space per 2 bed-spaces for the student accommodation, and 1 space per 15 square metres for the retail units - thus making a maximum provision of 58 spaces. In view of the very sustainable centralised location, within a short walking distance of rail and bus stations, I do not believe that this small reduction to 54 spaces is significant, and all will be provided within the proposed undercroft parking area. Some amendments regarding cycle and disabled parking area been received, and few other technical matters are in the process of being resolved.

I would assume that any deliveries /refuse collection will operate in accordance with previous arrangements for Scotts nightclub i.e serviced alongside Brook Street.

Concerns have been expressed from existing businesses along Brook Street. There is concern that the demolition and construction work will disrupt traffic movements, restrict parking for customers with contractors competing for spaces and possibly road closures. I cannot guarantee the works will not cause some disruption on Brook Street given the scale of the development. However given the location of the site on a busy road and the existing issue with on-street parking, I will add a condition requiring a Construction Traffic Management Plan, including details of contractor parking and covering the demolition and construction phases to try and limit these impacts.

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I am satisfied that from a highway perspective the development is acceptable. The minor issues need to be resolved, and I will report any additional information on the addendum report.

Flooding/Flood Consequences Assessment: The site lies in a Zone C2 Flood Zone area, and the latest flood maps confirm that the site is partially within the extreme flood outline. The site is also likely to be at flood risk should there be a blockage/failure of the culvert inlet at Brewery Place. After initial concerns by Natural Resources Wales with the initial submitted Flood Consequences Assessment (FCA) a revised assessment has been submitted. Whilst Natural Resources Wales consider it has underestimated and failed to fully consider the potential risks posed by a culvert blockage, they have recognised that the ‘highly vulnerable’ residential aspect of the scheme will be no lower than first floor level. However it must be acknowledged that the remaining development, i.e. the undercroft car parking and the retail uses may be subject to flooding issues if the River Gwenfro is blocked.

Natural Resources Wales, overall however, when considering the existing use of the site, believes that the proposed development provides some flood risk betterment and provides sufficient mitigation measures to manage the consequences of flooding, involving ensuring that the accommodation is set at first floor level and levels of the underground parking is higher than the adjoining levels on Brook Street. A detailed Flood plan should be provided to occupiers of the development and emergency plans and procedures in place. Flood proofing measures to reduce the impact of flooding will also be required.

Amenity: Planning conditions are attached to protect the amenity of nearby properties – including residential, commercial, food and drink premises, and a nearby school. Conditions include noise and dust mitigation and a construction and demolition Traffic Management Plan. Demolition of the buildings will be controlled by the submission of a Demolition Method Statement to the Local Planning Authority.

Concern has been raised by nearby residential and commercial users regarding the demolition of the former Scotts nightclub which suffers from a severe asbestos problem, with a prohibition notice on the building. The Demolition Method Statement will be submitted to Building Control, who will determine the acceptability of the scheme in conjunction with the Health and Safety Executive and Public Protection. Demolition will only be allowed with the issue of a Demolition Safety Certificate.

Conclusion: The existing buildings on site have fallen into disrepair and add little to the general streetscene. The proposed new development respects the scale and mass of nearby buildings and will enhance the overall character of the area.

The scheme provides adequate parking which will ensure parking issues are not compounded on Lea Road or Brook Street. Also the inclusion of ‘in-only’ Page No 17

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 access from Brook Street, and the exit onto Lea Road is a significant improvement to the current two-way onto Brook Street as associated with the previous use. Furthermore the scheme includes a facility to allow vehicles to ‘drop off’ or collect items as and when required, and this is clear of the highway.

Whilst it has not been possible to combine all the sites in the immediate locality as one comprehensive scheme, attempts have been made to include them. However this proposal presents a scheme which will add vitality to the area, and it significantly enhances the streetscene and it will address the severe asbestos problem associated with the former Scotts nightclub.

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. 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. @@ above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 5. No part of the development shall commence until a noise survey in order to determine noise levels for both day and night has been carried out, and a detailed report of the survey findings together with a detailed scheme of noise attenuation and/or noise insulation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 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 works shall take place on the site until a Demolition Method Statement has been submitted to the Local Planning Authority and a Demolition Safety Certificate issued by the Local Planning Authority. Work shall only be carried out strictly in accordance with the details as approved. 8. Each new unit hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 Page No 18

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 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 unit 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 unit 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. No part of the development shall commence until a construction Traffic Management Plan, including provisions for the construction and demolition phases and provisions for contractor parking, has been submitted to and approved, in writing, by the Local Planning Authority and the plan as approved has been fully implemented. 12. 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. 13. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 14. 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. 15. Details of all boundary means of enclosure shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall be carried out strictly in accordance with the details as approved and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority.

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 Page No 19

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

5. To protect the amenities of the occupiers of nearby properties. 6. To protect the amenities of the occupiers of nearby properties. 7. In the interests of the health and safety of contractors who carry out the works and nearby occupiers of residential, retail, leisure and commercial properties, the general public and users of the nearby school. 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. In the interests of highway safety and to ensure the proposal does not restrict the amount of short-term parking availability in the vicinity. 12. To protect the amenities of the occupiers of nearby properties. 13. To protect the amenities of the occupiers of nearby properties. 14. In the interests of the residential amenity and to provide a secure environment for the occupiers. 15. 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 applicant is advised that compliance with condition no. 13 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The Page No 20

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 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 applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The development site is in close proximity to industrial/commercial/leisure and food and drink and the developer is therefore required to carry out a noise survey in connection with condition no. 5 in order to determine noise levels for both day (0700 - 2300 hours) and night (2300 - 0700 hours) having regard to Planning Guidance (Wales), Technical Advice Note (TAN) 11 - Noise. The report of the noise survey findings shall include: a) Noise levels arising from day/night time activities in the vicinity of the proposed development site and the impact upon the proposed accommodation, and b) A detailed scheme of noise insulation and / or attenuation measures so designed to safeguard the amenity of the future occupants of the proposed accommodation hereby approved.

Prior to any excavation taking place, the Council¿s Chief Public Protection Officer should be consulted regarding the possibility of any contamination on site and the necessity for the analysis of any soil samples. The Chief Public Protection Officer should be notified of any contamination discovered during the course of the work. ______Page No 21

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0517 HOLDINGS 19/07/2013 WHITCHURCH ROAD BANGOR ON DEE WREXHAM COMMUNITY: LL13 0BD CASE OFFICER: Willington and KH Worthenbury DESCRIPTION: ERECTION OF BUILDING INCORPORATING HATCHERY, AGENT NAME: WARD: KITCHEN, SALES AND BIRD FITZSIMON PLANNING PREPARATION. & DEVELOPMENT MR D FITZSIMON APPLICANT(S) NAME: MR S PAINTER ______

THE SITE

Existing poultry rearing and sales site business located off the south west side of the A525 Bangor to Whitchurch Road. The land amounts to approximately 4.5 hectares. A large car park separates the buildings from the A525.

New Building

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

PROPOSAL

The proposal seeks to replace two existing polytunnels and a temporary portacabin with a more permanent building, finished in timber boarding with a profile sheet roof. It would have an internal floor area of approximately 175 square metres, with a height of 2.7 metres to the eaves and 5.5 metres to the ridge.

DEVELOPMENT PLAN

Site is outside settlement and located within a Special Landscape Area. Policies PS1, PS2, GDP1 and EC5 of the Wrexham Unitary Development Plan refer.

HISTORY

P/2012/0145 Erection of building incorporating hatchery, kitchen, sales and bird preparation areas. Refused 31/07/12 P/2008/0181 Reversion of site to agriculture and erection of temporary mobile home. Granted 090/09/08 P/2007/0051 Retention of 1 no. static caravan and erection of 1 no. chick hatchery/incubator and 1 storage shed. Granted 31/05/07 CB2863 Erection of polytunnel. Granted 19/02/99 18086 Erection of general purpose building and wc for use with nursery and installation of septic tank. Granted 19/04/90 16176 Construction of new vehicular and pedestrian access. Granted 16/02/89 15680 Construction of new vehicular and pedestrian access. Refused 10/10/88

CONSULTATIONS

Community Council: Consulted 23/07/13 Local Member: Notified 23/07/13 Adj Community Council: Consulted 23.07.13 Adj Local Member: Notified 23/07/13 Public Protection: Condition and notes to applicant required Highways: Existing access has recently been improved to provide a wider access, splays are acceptable and access surfaced with hard bound materials for approximately 10m behind the carriageway. Gates need to be set back 10m behind the carriageway. Highways no objections subject to conditions. Natural Resources Wales: Consulted 23/07/13 CPAT: Consulted 23/07/13 Other Representations: 2 objections on the basis of over development of a small agricultural site for commercial purposes. Page No 23

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

Original consent was for horticulture which was in keeping with the area, but the present proposed development will not blend itself into the surrounding environment. Concerns also regarding the highway implications on a busy and dangerous road. Site Notice: Expired 16/08/13

SPECIAL ISSUES/CONSIDERATIONS

Background: The proposed building is the development of an established rural enterprise on the site. The use of the site has grown following a series of permissions from 1988 to 2008 and the current proposal will replace two existing polytunnels and a temporary portacabin.

Scale/Visual Impact of the Building: The proposed building will replace existing polytunnels and a portacabin and will be located in the same position and do not have a materially greater footprint than the replaced structures. The applicant has indicated that the existing on-site structures used for hatching and bird preparation are not entirely suitable for purpose. He has also indicated that the new building is an integral part of a strategy to secure the long-term future, and continued development of the applicant’s poultry and agricultural produce business.

The building is sensitively located within the complex of existing buildings/structures and it will be set back from the A525. The building will be gable end onto the road, with windows/doors timber, the building timber clad with roof profile sheeting.

The building will be in-keeping with the character of the area and will not compromise the wider landscape.

Highways: A similar proposal, P/2012/0145 was refused on the grounds that inadequate information had been submitted, including visibility splays to show that the access was suitable to cater for the increased traffic movements.

The proposed development site is located on the A525 Whitchurch Road subject to a 60mph speed limit. Any access would normally be required to provide visibility splays of 2.4 x 215m in both directions.

The access serving the development site has been recently improved and visibility appears adequate in a south easterly direction providing a splay in excess of 2.4 x 215m measured to the nearside edge of the adjoining highway. The splay to the north west has been improved and 2.4 x 208m can be achieved to the nearside edge of the adjoining highway. Although this falls marginally short of the required standards, Highways consider it acceptable as it is a significant improvement on the previous level of visibility.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

The access has also been improved by providing a 5.8m wide access and it is surfaced with hard bound materials for approximately 10m behind the highway boundary. The improved access is considered acceptable to serve the proposed development.

Highways have requested, however, a ‘Service and Delivery Vehicle Management Plan’. As HGVs vehicles are generally 10.2m long and the car park will not be formally marked out, it will be necessary to ensure that adequate areas within the site are kept clear for manoeuvring, and the management plan will enable this.

I am satisfied the improvements to the access including increased visibility in a north west direction will ensure the proposal does not compromise highway safety.

Conclusion: The building will be sensitively located within the existing complex of buildings, uses sympathetic materials and will improve facilities relating to the existing agricultural use to sustain future viability.

Highways are satisfied the improvements to the access and visibility in a north west direction have ensured a safe access to serve the development. Previous highway concerns have been overcome by this revised submission.

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 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. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 x 215m in the south easterly direction and 2.4 x 208m in the north westerly direction measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 4. The vehicular access hereby approved shall be a minimum width of 5.5 metres. 5. There shall be no gates or other means of enclosure across the vehicular access point within 10 metres of the highway boundary. 6. The vehicular parking and turning areas as shown on the approved drawing WXM-11-002 dated 04.06.2013 shall be provided prior to the first use of the development hereby approved. 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. Page No 25

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

7. No part of the development shall commence until a Service and Delivery Vehicle Management Plan has been submitted to and approved, in writing, by the Local Planning Authority and the Plan as is approved has been fully implemented. The plan shall be maintained thereafter. 8. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 9. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), no further development shall take place within the site. 10. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 11. The landscaping scheme submitted and approved in connection with condition no. 10 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 12. The landscaping scheme as carried out in connection with condition nos. 10 and 11 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 13. The building shall only be used in accordance with the details contained within the application documentation or for agricultural purposes. For avoidance of doubt nothing shall be sold which is not produced on the land.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure that adequate visibility is provided at the proposed point of access to the highway. 4. To ensure the formation of a safe and satisfactory access. 5. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 6. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 7. In the interests of highway safety. 8. To protect the amenities of the occupiers of nearby properties. 9. To protect the visual amenities of the area. Page No 26

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

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 protect the Council’s policies for development in the countryside and in the interests of highway safety.

NOTE(S) TO APPLICANT

The applicant is advised that compliance with condition no. 8 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.

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

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

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

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. ______Page No 27

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0567 ENGLEFIELD ROAD 08/08/2013 WREXHAM LL11 5UB COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: KH ERECTION OF BOUNDARY FENCE OVER 2 METRES HIGH (IN WARD: RETROSPECT) AGENT NAME: MISS PETA APPLICANT(S) NAME: PARKHOUSE MISS PETA PARKHOUSE ______

THE SITE

Detached property located off the northern side of Brymbo Road, Bwlchgwyn and at the junction with Whiteoaks a small cul-de-sac. Residential properties bound the site.

PositionPosition of new of fence new fence– see thick black– thick line black line

PROPOSAL

Erection of boundary fence over 2 metres in height (in retrospect).

HISTORY

None relevant.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

DEVELOPMENT PLAN

Within settlement. Policy GDP1 refers.

CONSULTATIONS

Community Council: Consulted 12/08/2013 Local Member: Notified 12/08/13 Highways: Prior to the erection of the fence the site had a high hedge/trees/fence located along the northern boundary. The new fence is erected in the same position and visibility is no worse than it was previously. However the fence along the northern boundary obstructs visibility from the access onto Whiteoaks. Visibility on to the highway is reduced to an unacceptable level-pedestrian visibility is also restricted by the fence. The fence should be dropped to 0.6 in height for the first 1m in length back from where it adjoins the highway. Site Notice: Expired 18/09/2013 Other Representations: 6 letters of objection on the following grounds: - the fence causes visibility problems at the junction of Brymbo Road and Whiteoaks - cars park on Whiteoaks close to the junction and as visibility is restricted it is dangerous when vehicles are driving off Brymbo Road onto Whiteoaks - unsightly visual impact of the fence with the majority of boundary treatment low key-low fences/walls and hedges - other properties in the area have had to comply with the regulations and maintain front boundary fences to 1m

SPECIAL CONSIDERATIONS

Visual impact: Brymbo Road generally comprises low level fences, walls and soft landscaping though there is an existing fence over a metre on the southern side of Brymbo Road opposite the application site.

Whilst the proposed fence does contrast with other boundary fencing the impact is mitigated to some extent by a low level stone wall to the base, concealing part of the fence and existing vegetation to the rear. This does help minimise the impact on the streetscene.

To further minimise the impact I am proposing to impose a planning condition to apply an appropriate colour to the fence.

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I am satisfied that the fence will not be overly dominant in the general streetscene, but further details are required to be submitted fully confirm the design and appearance of the fence in relation to the existing wall, as current details are not entirely adequate for controlling the position and appearance of the fence.

Highway safety: Objections have been raised to the fence on the grounds that it increases highway safety issues, with visibility reduced at the junction of Brymbo Road and Whiteoaks which is within a 30mph speed limit.

The fence is located around the full front boundary of the site along Brymbo Road and Whiteoaks. There is also a 2m high fence located along the northern boundary of the site between Englefield and Ty Newydd.

Prior to the erection of the fence the site had a high boundary hedge/trees/fence along its full frontage Brymbo Road and Whiteoaks. The new fence was erected in the same position as the hedge/trees/fence was previously.

The fence along the northern boundary however obstructs visibility from the access onto Whiteoaks. Pedestrian and vehicular visibility is compromised and the fence will need to be dropped to 0.6m in height for the first 1m in length back from where it adjoins the public highway.

Whilst I understand the objectors concerns regarding vehicles being parked at the junction when parents are dropping off/picking up children at the nearby school I have no control over the indiscriminate parking.

Visibility at the junction of Whiteoaks with Brymbo is no worse than it was previously and highways are raising no objection.

Conclusion: Whilst recognising the fence does contrast with other boundary treatment along Brymbo Road, I am satisfied that the fence will not be significantly detrimental to the streetscene. Given the previous boundary treatment at the junction, Highways are raising no objections as it will not make the situation any worse. A section of the northern boundary fence adjacent the driveway will need to be reduced.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Within six months of the date of this permission the fence shall be coated in a colour which has previously been submitted to and approved, in writing, by the Local Planning Authority. The fence shall thereafter be maintained in that colour unless otherwise agreed, in writing, with the Local Planning Authority. 2. Within one month of the date of this permission the fence along the northern boundary shall be lowered to 0.6m in length for the first 1m in length Page No 30

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 back from where it adjoins the public footway. The fence shall thereafter be retained at that height. 3. The fence hereby approved shall be maintained at a position behind the existing stone boundary wall, and its overall height shall not exceed 2m above the level of the back edge of the highway pavement. Within six months of the date of this permission, a coloured photographic record of the fence as erected in relation to the existing stone wall shall be submitted to and approved in writing with the local planning authority, and the fence shall be maintained in accordance with the approved record

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. In the interests of vehicular and pedestrian safety. 3. The submitted documents did not show sufficient detail, and it is important 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 photographic record as required in connection with condition 3 above shall include a series of good quality coloured images of the existing fence in relation to the existing boundary stone wall, to show the full length of the fence as erected at the site. The record should also show the position of the fence in relation to the existing wall/pavement. Alternatively it might be possible to submit a cross section plan of the new boundary fence to show the precise position of the approved fence in relation to the wall and the pavement. ______Page No 31

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0586 LAND NORTH OF CLIFTON AVENUE 20/08/2013 BRYMBO WREXHAM LL11 5FS COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: PF ERECTION OF 10 NO. RESIDENTIAL DWELLINGS, COMPRISING 6 NO. WARD: THREE BEDROOM UNITS AND 4 NO. AGENT NAME: Brymbo FOUR BEDROOM UNITS, WITH TURLEY ASSOCIATES ASSOCIATED LANDSCAPING, Mr PETER ROWE ACCESS AND CAR PARKING.

APPLICANT(S) NAME: MR M CALVERT TAYLOR WIMPEY MANCHESTER LTD ______

THE SITE

Existing western module SITE

N

PROPOSAL

Full planning permission is sought for the erection of 10 no. dwellings to the northern boundary of the Western Module of the former Brymbo Steelworks development. Page No 32

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

HISTORY

Code No Description Decision Decision date CB 16 Outline application for residential Granted 10/11/1997 development and erection of buildings for retail B1, B2 and B8 and leisure uses including heritage area, nature conservation area including formation of new accesses to classified roads P/2000/0968 Variation of condition no. 2 Granted 11/12/2000 imposed under planning permission CB 16 to allow the period for the submission of reserved matters to be extended P/2002/0973 Relaxation of condition no.12 of Granted 9/12/2002 planning permission CB 16 to extend the period of time to begin development by 12 months to 10th November 2003 P/2002/1171 Amendment to condition 10 to Granted 7/4/2003 allow the number of houses to be increased from 300 and amendment to condition 14 to relocate areas proposed for housing and industry P/2003/1324 Variation of condition no.1 Granted 22/12/2003 imposed under Planning Permission P/2000/0968 to allow the period for the submission of reserved matters to be extended for a further two years P/2004/1153 Amendment to condition no.3 of Granted 8/11/2004 P/2002/1171 relating to 1.2 Hectares to be provided for a new school within the approved housing area P/2004/1441 Amendment to condition 42 of Granted 23/12/2004 planning permission CB 16 to replace obsolete guidance on contamination survey criteria with current guidance P/2005/0114 Approval of reserved matters for Granted 31/10/2005 469 dwellings P/2006/0341 Variation of condition no.1 Granted 27/4/2006 imposed under planning Page No 33

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

permission P/2003/1324 to allow the period for the submission of reserved matters to be extended for a further two years P/2006/1065 Residential development (197 Granted 27/6/2007 dwellings) and associated works P/2009/0250 Erection of 120 no. dwellings Refused 1/6/2009 comprising a mix of two, three and four bed residential dwellings P/2009/0485 Erection of 120 no. two, three and Granted 24/11/2009 four bed residential dwellings (plot substitution for dwellings outstanding pursuant to planning permission P/2006/1065)

DEVELOPMENT PLAN

The site is located within settlement. Policies PS1, PS2, PS3, PS4, GDP1, GDP2, EC4, EC16, H1 and T8 are relevant. These policies are supplemented by guidance contained within Local Planning Guidance Notes 10 – Public Open Space in New Housing Development, 16 – Parking Standards, 21 – Space Around Dwellings, 27 – Developer Contributions to Schools and 30 – Design Guide for Residential Developments.

CONSULTATIONS

Community Council: Consulted 11.09.2013 Local Member: Notified 11.09.2013 Site Notice: 2 notices posted. Expired 02.10.2013 Press Notice: Expired 11.10.2013 Highways: The site is served by an adequate access from within the existing neighbouring residential development. No objections subject to appropriate conditions. Public Protection: Recommend conditions to ensure that the amenity of the future occupiers is protected due to the previous land use. Welsh Water: Standard drainage conditions advised. Natural Resources Wales (NRW): Advise that the developer should consider the use of a SUDS scheme and also advise that a condition be imposed to cover potential site contamination which was not identified by any previous site remediation. Education: Contributions will be required in line with the guidance criteria set out in LPG 27. Environment: Consulted 10.09.2013 Page No 34

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Other Representations: 6 neighbouring occupiers notified. 3 representations received raising the following points: • The junction of Clifton Av and Lamberton Dr gets very congested due to cars parked on the road and footpath. As more people move in across the development the situation appears to be getting worse making it potentially difficult for emergency vehicles This proposal has not taken this issue into account; • A condition should be imposed to limit the speed of construction vehicles and where they park; • Residents have noticed that cars are speeding along Clifton Av. Can speed restriction measures be imposed along this stretch?; • The plans and do not tally with the description of development in terms of the number of bed spaces in each dwelling; • The existing community provisions for residents are inadequate. Provisions for school amenities and shopping sites should be addressed before further residential development is permitted. The one existing corner shop as identified will soon not be enough to support the community; • Concerns raised that the erection of a 3 storey dwelling will reduce the daylight levels and the privacy to the existing dwellings bordering the application site. There should be a greater distance between the two; • The development will have an impact upon the trees which surround the site and also wildlife on the associated surrounding open space. The trees contribute to the landscape character. This would be contrary to policy GDP1; • A commonly used pathway that links the network of pathways between the site and the lower development module will be lost as part of the scheme contrary to policy T9; Page No 35

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• The development on the scale proposed could potentially lead to 44 no. cars being parked whereas the proposal only makes provision for 29. Integral garages are unlikely to be used which would lead to a shortfall of 20 spaces. There are existing parking problems along Clifton Av and this scheme will lead to a negative impact upon the highway network; • The existing site is being utilised a construction compound and is not vacant having being prepared for development as described in the application. There are no additional storage facilities on site and it is not possible to store materials in the existing building site. This would lead to a potential hazard for developers and residents; • The application states that Tan y Fron is within walking distance. Whilst this is correct it includes a walk with a steep descent or climbs which is not suitable for elderly residents. The increase in vehicle movements to the Tan y Fron shop will result in an insufficient parking provision at this site; • This application should not be considered without a defined timescale for the delivery of the retail and community facilities proposed as part of the overall Brymbo steelworks regeneration; • The layout of the development would cause disturbance to the existing amenity enjoyed by the existing residents bordering the site and the heights of the dwellings would have an adverse impact upon the privacy, daylight and outlook; • The design of the proposed dwellings do not commensurate the existing dwellings neighbouring the site; • The orientation on drawing no. 02-700 is incorrect as its shows the elevations in reverse; Page No 36

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

• Construction practices have been evidenced on site which would contravene standard accepted working times to protect the amenities of the existing residents. No application to work outside these times has been lodged. The burning of waste has also been evidenced and also dust from construction also causes problems for residents who are forced to close windows.

SPECIAL CONSIDERATIONS

Background: The application site is within settlement and forms part of a defined reclamation area as outlined within policy EC16 of the UDP. The proposed after use of the site is residential, commercial or amenity. The site is currently used as a construction compound for the existing development of the Western Module which is nearing completion. There are no policy objections in principle to the proposed development subject to compliance with the general development principles outlined in the UDP.

Design and amenity: The proposal has been designed as a continuation of the existing development module. Planning permission was granted in 2009 for an amendment to the overall layout of the Western Module. Whilst the site subject to this application was not included in that scheme, the layout of the site was amended so that the highway network could accommodate further development.

I am satisfied that the layout of the site has been designed in a manner which makes best use of its orientation with the existing neighbouring dwellings, the vehicular access and the topography of the land. The design of the dwellings are such that they are also sympathetic the character of those immediately adjoining the site. Whilst there are subtle differences, I am satisfied that their massing and form does not represent a significant difference to the detriment of the wider landscape character. The applicant has provided a schedule of proposed samples which accord with those used on the neighbouring development. A suitable condition can be worded to ensure control over the use of materials on the site.

Various representations have been received regarding the position of the proposed dwellings in relation to those bordering the site. Adopted LPG 21 requires a separation distance of 22 metres where habitable rooms face and 13 metres where a habitable room window would face a wall which is higher than the proposed window. Whilst the separation distance between the proposed dwellings and those that already exist at the southern boundary is 20.5 metres, I am satisfied that this small shortfall is unlikely to result in detriment to the amenity of the neighbouring occupiers and the layout of the Page No 37

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 scheme broadly accords with the pattern of development approved elsewhere in the development module.

Pathway links have been created between the upper and lower development modules. This scheme appears to remove one of the existing links at the top of the site due to the proposed the layout. However there is a further pathway within 70 metres which links to this network. I am satisfied that this is adequate and does not justify the realignment of the existing link to feed this part of the development.

Highways and parking: The proposed development would be accessed via the estate road constructed as part of the existing development module. Highways have not raised any concerns regarding the proposed development. The number of dwellings as proposed is not expected to increase traffic numbers to the detriment of highway safety throughout the remainder of the existing site.

This estate road is constructed to base coat level as construction works are ongoing and nearing completion within the remainder of the site. As a result of this there are instances of congestion nearby with larger vehicles and construction traffic traversing the site. This is to be expected as the site is developed and it should be expected that a period of transition between construction traffic and residents will occur. Whilst it is accepted that residents may park within the highway, given the nature of the traffic which will eventually pass through the site, this is not expected to result in a significant safety issue that would justify refusing this scheme or seeking amendments to the existing highway layout.

The proposal would require a maximum of 30 parking spaces in accordance with adopted LPG16. 29 spaces are proposed, however LPG16 does advise that garages should not be included in the parking provision. Only the four larger properties feature integral garages as part of their provision and I am satisfied that this relatively small shortfall of parking spaces at the head of the cul de sac is unlikely to result in significant on street parking congestion to the detriment of highway safety.

Sustainable development / local provisions: The application site forms part of a wider regeneration master plan for the former Brymbo Steelworks site. The nearest local provisions for shopping and schooling are in Tan y Fron and Brymbo. Planning permission has recently been granted (subject to a s.106 agreement) for a retail development on the lower development module and outline planning permission was granted as part of the master plan for new schooling provision. Whilst the provision of these facilities is subject to further approvals and legal agreements and that there is no guarantee that they would be forthcoming in the near future, their provision does form part of an overall wider plan for the area. I do not consider that there is sufficient justification to delay or refuse this relatively small residential development on the basis of lack of local provision of community facilities.

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Developer contributions:

Education A shortfall has been identified in primary and secondary schooling provision in the area and a contribution of £42,768 is required in accordance with LPG 27.

Open Space Developments of 10 or more dwellings are required to make provision for public open space along with a contribution for future maintenance of £1,000 per dwelling. LPG10 states that in proposals of 20 units or less, adequate provision may be available elsewhere and the developer can pay a commuted sum for upgrades to such facilities where the future occupiers would benefit.

Formal open space and play provision has been provided on the adjacent residential site which is in the control of the applicant at a rate 3876 square metres and is easily accessible. This is within the control of a private management company and will not be transferred to Council. I am satisfied that there is adequate provision within the vicinity of the application site as well as large areas of informal open space and linking pathways adjacent to this development module which links to the lower part of the regeneration area. These pathways are also in the control of the management company.

In this instance the developer has made an offer for the provision of a £10,000 commuted sum to be utilised for the improvement of open space provision elsewhere in the Brymbo area.

Other matters: The application site is currently used as a construction compound for the current development site. The safe management of the site in the interests of public safety is a matter for the developer.

Representations have been made stating that the developer has not adhered to construction timings previously imposed by planning conditions and also dust and smoke nuisance has been caused. Whilst this is unfortunate, this is not a justification to refuse planning permission. Powers are in place to enforce planning conditions when they are breached and the developer is also required to adhere to the provision of separate environmental protection legislation. A construction stage methodology and dust management strategy will be required as part of any approval to ensure that the development can be achieved without causing detriment to the living standards of those existing occupiers.

There are various trees surrounding the western site boundary but not within the application site area. There is a change in land level between the site and those more mature trees with a band of trees of various sizes and species between. I do not consider that this development will cause detriment to the health and wellbeing of the more important mature trees which sit further up the bank approximately 22 metres from the site boundary. There is a bank of woodland trees which have been planted along the western boundary of the Page No 39

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 module. The depth of the proposed gardens is approximately 10 metres and the trees are with in the control of landscape management company. There is scope for these trees to be managed and as such I am satisfied that there is unlikely to be sufficient overshadowing to warrant amending the scheme or seeking additional information.

The site is not considered to be at risk from flooding, however, comments have been made by NRW that the development site has the potential to add to surface water runoff which may lead to flooding problems with water courses away further away from the site. Welsh Water have not raised any concerns regarding the proposed disposal of surface water from the development site. Whilst it would be prudent to require a Sustainable drainage scheme for the site, given its relatively small scale and position within the development site, I do not consider that this would be possible. A suitable condition detailing surface water treatment can be worded as part of any approval.

Conclusion: I am satisfied that this proposal accords with the broad policy seeking to regenerate this former industrial landscape. I am also satisfied that the built development will not harm the amenity of the existing surrounding occupiers and as such I recommend accordingly.

RECOMMENDATION A

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

1) An education contribution of £42,768 to meet a shortfall in primary and secondary education provision. 2) A contribution of £10,000 commuted sum to cover improvements to existing Council managed public open space provision in the Brymbo Community.

The Head of Community Wellbeing and Development be given delegated authority to settle the final form and content of the obligation.

RECOMMENDATION B

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

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the sample details as contained within approved drawing number 02-500 Rev A unless otherwise approved in writing by the local planning authority. 3. Each new dwelling hereby permitted shall be constructed to achieve a Page No 40

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 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 4. 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. 5. 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. 6. Within 3 months of commencement of development, a methodology and demonstrate that all imported soils to be used at the site are suitable for use in residential developments with gardens should be submitted to and approved in writing by the local planning authority. The details shall also include a methodology of how a Validation Report will be prepared to verify that the soils to be imported are satisfactory for such use. The development shall be carried out strictly in accordance with such details as may be approved. 7. No part of the development hereby approved shall be occupied until a Validation Report to show that the works approved as part of condition no. 6 have been satisfactorily carried out has been submitted to and approved in writing by the Local Planning Authority. 8. No part of the development shall commence on site until a scheme of gas protection measures to be installed in all new properties has been submitted to and approved in writing by the local planning authority. The methodology of these works shall include specification details, design plans, installation details, and validation methodology. During the installation works the membrane should be inspected and validated by an independent and suitably experienced third party and a written Validation Report submitted to the local planning authority. The development shall not be occupied until the Validation Report to show that the works have been satisfactorily carried out has been submitted to and approved in writing by the local planning authority. 9. The private garages as shown on the approved plans shall be retained solely for the parking of motor vehicles. 10. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 02/200 Rev A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 11. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first Page No 41

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 use of the development. 12. All hard and soft landscape works shall be carried out in accordance with the approved details as set out on drawings nos. LDS106-06, 02-600 Rev A and FD-01 Rev 0. The works shall be carried out within 3 months of the occupation of adjacent plots with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 13. 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 Class A, B, C or E of Schedule 2, Part 1 at those dwellings identified as plots 521, 522, 523, 524, 525 and 526 on approved drawing no. 02/200 Rev A, other than the development hereby granted permission. 14. No development shall commence until a Construction Management Plan and Dust Management Strategy has been submitted to and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the scheme as approved. 15. 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. 16. All foul and surface water shall be drained from the site strictly in accordance with the detail as shown on drawing no. 09009/PH2/D100-2 dated Feb 2010 unless otherwise agreed in writing by the local planning authority. 17. All internal estate roads and footways which are to be adopted by the local highway authority shall be constructed in accordance with the details contained in the approved drawings numbered09009/PH2/D102. and 09009?PH2/D100-2 unless otherwise agreed 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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 6. In the interests of the amenities of the future occupants of the buildings. 7. In the interests of the amenities of the future occupants of the buildings. 8. In the interests of the amenities of the future occupants of the buildings. 9. In the interests of highway safety. 10. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. Page No 42

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

11. In the interests of highway safety. 12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority. 14. To protect the amenities of the occupiers of nearby properties. 15. To protect the amenities of the occupiers of nearby properties. 16. 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. 17. In the interests of highway safety.

NOTE(S) TO APPLICANT

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

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. 15 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.

Applicants are advised that compliance with condition no. 14 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 43

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. Page No 44

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The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

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

RECOMMENDATION C

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

Inadequate provision has been made towards the provision of additional infrastructure. Without this additional provision, existing infrastructure does not have sufficient capacity to cater for the development. As such the development does not accord with policy GDP2 of the Wrexham Unitary Development Plan. ______Page No 45

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0598 15 BENJAMIN ROAD WREXHAM 27/08/2013 LL13 8EE

COMMUNITY: DESCRIPTION: CASE OFFICER: ERECTION OF NEW DWELLING AND MP ALTERATION TO EXISTING ACCESS

WARD: APPLICANT(S) NAME: AGENT NAME: Smithfield MR G POWELL MR B SMITH ______

THE SITE

Application site and approximate position of proposed dwelling

PROPOSAL

As above.

HISTORY

P/2006/0632 Demolition of existing garage/workshop and construction of detached office building with adjacent land changed for use as builders yard. Refused 20.7.2006. P/2013/0319 Alterations and extension to outbuilding to form 2 bed dwelling. Withdrawn. Page No 46

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

DEVELOPMENT PLAN

Within settlement. Policies H2, GDP1 and T8 apply.

CONSULTATIONS

Community Council: Consulted 30.8.13 Local Member: Notified 30.8.13 Public Protection: Recommend condition requiring contamination investigation/mitigation and condition and advisory notes requiring/advising measures to limit impact of construction works. Highways: Recommends conditions to secure: - the proposed site layout; - visibility; - surfacing of the access; - to prevent gates being erected across the access within 5m of the highway; - prevent private drainage entering the highway; - dropped kerb access; - footway reinstatement Welsh Water: Recommend drainage conditions. Natural Resources Wales: Standard advice applies. Site Notice: Expired 25.9.13 Other Representations: 1 objection expressing the following concerns: - loss of daylight; - disturbance to bats

SPECIAL CONSIDERATIONS

Policy: The dwelling will be built adjacent to and within land that forms part of the existing curtilage of no.15 Benjamin Road. This is an unallocated site and in accordance with policy H2 residential development is acceptable in principle provided the proposals also accord with GDP1 in terms of siting, design, access and impact upon nearby properties.

Amenity: The proposed dwelling will be just over 11m from nos. 21, 23 and part of no.25 Benjamin Road which are on much lower ground than the application site. If LPG21 is applied strictly a separation distance of nearly 17m would be required.

Despite not according with LPG21 the difference in ground levels are such that outlook from ground floor windows of these properties is dominated by a retaining wall of around 2.6m high along the boundary shared with the application site. The development will not be easily visible from the ground floor windows of nos.21, 22 and 23 particularly once a proposed 1.8m fence is erected along the eastern boundary of the application site. The development is not large enough so as to completely dominate the outlook from the upper Page No 47

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 floor windows. Accordingly I am satisfied it will not prove overbearing for the occupiers of these properties.

The proposals accords with BRE daylight standards guidance.

The development will have ground floor windows facing east towards nos. 21, 23 and 25 however the proposed 1.8m boundary fence will ensure that there is adequate screening to prevent unacceptable loss of privacy. There will also be roof lights in the upper floor of the building but they will not afford direct views of nearby dwellings and as such will not compromise the standard of privacy afforded to their occupiers.

The proposals development will not give rise to any significant impacts upon the standard of amenity afforded to occupiers other nearby properties.

The proposed plans show a garden of 140 sq.m to be shared between the proposed dwelling and no.15. This is adequate to provide sufficient private amenity space for both dwellings.

Design: The building will be very different in appearance from no.15 Benjamin Road, which is an end terraced property, indeed it will almost have the appearance of a subsidiary outbuilding to no.15 particularly as the proposal will have shared vehicular access with no. 15.

Notwithstanding the above, the simple design of the building is acceptable for the site, and also its size and position within the site (it will set back 3m behind the front elevation of no.15) will ensure it does not have a significant impact upon the wider street scene.

Access and Parking: The existing access serving both 13 and 15 Benjamin Road will be closed up and a new access formed immediately to the east of it to serve both of those dwellings as well as the proposed dwelling. The access is suitably wide for the intended level of use and will have the required visibility in both directions.

Four parking spaces are provided for use by the proposed dwelling and no.15 Benjamin Road which is one less than the LPG16 maximum of 5. Given the proximity of the site to the town centre I do not consider it necessary to require the maximum in this instance. In any case, there is sufficient space within the site to provide an additional parking space should that be required in future.

Ecology: The submitted plans suggest an existing domestic outbuilding towards the rear of the site is to be demolished although this is not specifically part of the proposal nor is the removal of this building essential to enable the development to take place.

The removal of a domestic outbuilding does not require planning permission; however the owners/occupiers of the site are nevertheless required to ensure that they have full regard to the potential presence of protected species when Page No 48

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 carrying out any works. This matter will be brought to their attention by way of an advisory note attached to the planning permission.

Conclusion: The development accords with the relevant UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. 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. 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 4. 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. 5. 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. 6. 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. 7. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 6 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. The dwelling shall not be occupied until the walls and fences shown on the approved drawing no. 130121/1 Proposed Site Plan have been fully erected. Page No 49

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

10. A wall or fence of at least 1.8m high as measured from the ground level of the site shall be maintained at all times along the eastern boundary of the site from a point 2 metres back from the boundary with Benjamin Road to the north-east corner of the site. 11. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 130121/1 proposed site plan 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. 12. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 33 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 13. Prior to first use of the development hereby approved a pedestrian visibility splay shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 14. 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. 15. 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 gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2 16. 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. 17. The vehicular access(es) hereby approved shall take the form of a dropped vehicular crossing. 18. Prior to the first use of the dwelling, the existing access to the site shall be permanently closed, and the footway within this area shall be improved by removing existing dropped kerbs and raising footway levels in accordance with a scheme of construction details that shall be submitted to and approved in writing by the Local Planning Authority. 19. 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.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

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 comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 6. In the interests of the amenities of the future occupants of the buildings 7. In the interests of the amenities of the future occupants of the buildings 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. In the interests of the appearance of the site and the amenity of the occupiers of adjacent properties. 10. To protect the amenities of the occupiers of nearby properties. 11. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 12. To ensure that adequate visibility is provided at the proposed point of access to the highway. 13. To ensure that adequate visibility is provided at the proposed point of access to the highway. 14. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. In the interests of highway safety. 18. In the interests of highway safety. 19. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

The existing outbuilding shown as being demolished on the approved plans may be occupied/used by species of bats, which are statutorily protected. You are advised to ensure that the building is inspected by a qualified ecologist prior to any demolition works taking place. If any species of bats are found to be present, a licence from the Welsh Government will be required before any demolition works take place.

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. Page No 51

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

The applicant is advised that compliance with condition no. 06 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is 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.

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.

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 Council on telephone 01978 729690.

The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

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

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com ______Page No 54

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0599 GRANGE FARM SALOP ROAD 28/08/2013 OVERTON WREXHAM LL13 0LE COMMUNITY: CASE OFFICER: Overton DESCRIPTION: SEH ALTERATION TO PROVIDE ADDITIONAL TWO BEDROOMS IN WARD: LOFT SPACE INCLUDING THREE AGENT NAME: Overton DORMER WINDOWS. BLUEPRINT MR DAFYDD EDWARDS APPLICANT(S) NAME: MR M CHILVER ______

THE SITE

Proposed dormer windows

PROPOSAL

As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

RELEVANT HISTORY

P/2013/0267 Alterations to provide additional Withdrawn 6/6/2013 two bedrooms in loft space including three dormer windows

DEVELOPMENT PLAN

The site lies outside the settlement limits. UDP Policies GDP1 and PS2 apply. LPGN 21 is relevant.

CONSULTATIONS

Community Council: Rear dormer window should be obscurely glazed in the interest of privacy. Local Member: Notified 30/08/2013 Site Notice: Expired 20/09/2013 Other Representations: 1 letter of objection received: • Although the rear dormer window is to be obscurely glazed, object on the basis that the window can be opened causing a loss of privacy to part of the garden area of the adjacent dwelling.

SPECIAL CONSIDERATIONS/ ISSUES

Design: The proposed dormer windows to the front and rear of the roof plane are acceptable in terms of scale and design. The windows are in keeping with the building and do not over-dominate the roof space.

Residential Amenity: Careful consideration has been given to the design of the rear dormer (bathroom) window to avoid any overlooking of the garden area of the neighbouring property, which is approximately 20 metres away. The window to this non-habitable room is to be obscure glazed and top opening only for ventilation. The window will be bottom hung and open inwards to further safeguard against loss of privacy when this top light is opened. Should permission be granted, a condition should be attached to secure this.

Conclusion: The proposed dormer windows are acceptable and would not have an adverse impact upon the appearance of the dwelling or upon the wider area. The windows are acceptable in terms of the impact upon local residential amenity and there would be no significant loss of privacy to the garden area of neighbouring property.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

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. 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), any window or opening in the elevation facing east shall only be glazed or re-glazed using obscure glass and within this window only the top central glazed area as shown on the approved plan shall be allowed as an opening window, and these design features shall thereafter be permanently retained. 4. The development shall only be carried out in strict accordance with the details shown on the approved drawing numbered CO50/003 and contained within the application documentation.

REASON(S)

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

NOTE(S) TO APPLICANT

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

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

The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. ______Page No 57

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0603 ASH DALE HOUSE PENLEY 29/08/2013 WREXHAM LL13 0NB COMMUNITY: CASE OFFICER: South DESCRIPTION: MP CHANGE OF USE FROM RESIDENTIAL TO PART WARD: RESIDENTIAL AND PART AGENT NAME: Overton EDUCATIONAL GLENN SHAW

APPLICANT(S) NAME: DERWEN COLLEGE ______

THE SITE

Application site

PROPOSAL

The existing residential property is to be converted to a mixed use premises. The ground floor and detached garage will be used as an education facility (Class D1) with the upper floor will be used to provide staff facilities and residential accommodation for occupation by a member of staff and their family.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

The applicants provide vocational and independent living education for young people with learning difficulties and disabilities. The application site will be used to provide educational facilities for up to 30 students per week normally between 9am and 5pm. No residential accommodation for students will be provided on site – they will live at the college’s campus in Gobowen or in their own homes and travel to the site daily. Students will be transported to and from the site by the college’s mini bus.

There is a field/paddock of around 1ha in area to the rear of the site within the same ownership as the application site. This will remain in agricultural use, although the agricultural use will form part of the educational program operated from the application site.

HISTORY

No recent relevant history.

DEVELOPMENT PLAN

Outside of settlement and within Special Landscape Area. Policies GDP1, EC5, E5 and T8 are applicable.

CONSULTATIONS

Community Council: Consulted 30.8.13 Local Member: Notified 30.8.13 Public Protection: No comments. Highways: Recommend conditions requiring; - parking to be laid out as proposed; - proposed visibility splays provided; - access to be 5.5m wide; - no gates to be within 6m of the highway boundary; - access to be hard surfaced for 5m behind the highway. Welsh Water: Would need to be re-consulted if drainage arrangements change. Natural Resources Wales: Standard advice applies. Site Notice: Expired 25.9.13 Other Representations: 1 letter expressing the following concerns: - noise; - highway safety - devaluation of property.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

SPECIAL CONSIDERATIONS

Policy: The UDP does not have any specific policies regarding the use of existing buildings in the countryside for educational purposes; however policy E5 does permit existing buildings to be converted to small scale employment development in the countryside.

The proposed use will occupy just over 300 sq.m in floor area and employ up to 5 people so can be considered a relatively small scale employment generating use. The existing buildings will not require any rebuilding works or extensive alterations/additions. I am satisfied the proposals accord with the policy.

Appearance: Some modest alterations and extensions to the existing dwelling and garage are required to facilitate the proposed use including the erection of an enclosed staircase to provide an independent access to the upper floor of the existing dwelling and the replacement of two garage doors with windows and the complete blocking up of a third. A conservatory extension will also be erected on the side (north-west) elevation of the existing dwelling. The works will not significantly alter or detract from the existing character of the building nor will they be prominent within the Special Landscape Area.

Amenity: The building is some 50m from the nearest dwellings. Whilst I note concerns have been expressed about noise, educational facilities are generally considered compatible with residential uses and are normally located within or close proximity to residential properties. Public Protection have not expressed any concerns or requested conditions limiting noise levels.

Access and Parking: The development will deliver improvements to the site access most notably significant improvements to visibility.

On the basis that there will be 5 full time staff employed at the site (of which at least one is likely to live on site) and students are to be transported to the site by mini-bus, the development will result in modest increase in traffic to/from the site. Sufficient provision is made for parking and turning of vehicles.

Subject to the improvements to visibility being secured by condition I am satisfied that the modest increase in traffic can be safely accommodated.

Conclusion: The development accords with policies GDP1, EC5, E5 and T8. Page No 60

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building. 3. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 2935:01 Revision A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 4. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 90 metres to the north west and 2.4 metres x 108 metres to the south east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 5. The vehicular access hereby approved shall be a minimum width of 5.5 metres. 6. 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 gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 6 metres of the highway boundary under Class A, of Schedule 2 Part 2 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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the premises shall be used except for the precise purposes described in the application plans and documents.

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 ensure that adequate visibility is provided at the proposed point of access to the highway. 5. To ensure the formation of a safe and satisfactory access. 6. In the interest of the free and safe movement of traffic on the adjacent Page No 61

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 highway and to ensure the formation of a safe and satisfactory access. 7. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 8. In the interests of highway safety, the unrestricted use of the site for educational purposes will have potential to cause on-site parking issues, and therefore it is important to maintain control over future uses within the site, even though these may fall within the same use class.

NOTE(S) TO APPLICANT

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information". ______Page No 62

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0620 FIELD BEHIND 8 ELK VIEW 03/09/2013 TALLARN GREEN MALPAS CHESHIRE COMMUNITY: SY14 7LH CASE OFFICER: Willington and SEH Worthenbury DESCRIPTION: CHANGE OF USE OF PART OF FIELD FROM EQUESTRIAN TO AGENT NAME: WARD: GARDEN MISS VICKI BARLOW Bronington APPLICANT(S) NAME: MISS VICKI BARLOW ______

THE SITE

Exiting Garden Area Proposed Garden Extension

PROPOSAL

As above. Amended plans received to reduce the site area.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

RELEVANT HISTORY

P/2001/0452 Change of use of land from Granted 03/07/2001 agricultural to domestic and grazing or horses

DEVELOPMENT PLAN

The site lies outside the settlement limits, and is within a Special Landscape Area. UDP Policies PS2, EC4, EC5, and GDP1 apply. LPGN 13 is also relevant.

CONSULTATIONS

Community Council: Re-consulted 18/10/2013 Local Member: Re-notified 18/10/2013 Public Protection: No comments Site Notice: Expired 02/10/2013 Other Representations: 2 letters of objection received: • The change of use would have an urbanising effect on the land; • Brings human activities closer to the equine activities; • The proposed change of use extends beyond the settlement limit and does not form a logical boundary; • Should permission be granted, permitted development rights should be removed and appropriate planting provided. • The amended plans have not addressed the above concerns and the objections remain.

SPECIAL CONSIDERATIONS/ ISSUES

Policy: LPGN 13 confirms that garden extensions into the countryside can sometimes be considered, subject to the examination of a number of criteria. In this instance the size and scale of the existing rear garden is very small (only 40 square metres), and this can only be made larger by removing part of an existing driveway, and by potentially replacing this within the front garden. However the front garden is also very small, and therefore the loss of parking could be the consequence if the proposal is not supported, and this could result in on-street parking within the cul de sac. I do not believe that this is a suitable option because this property is near the turning head area for the cul de sac. Also the loss of the parking area could have implications for the neighbours’ property because their current driveway is immediately alongside the applicant’s drive, and they may find that they will need to make their own Page No 64

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 drive area wider to allow suitable access if the part of the driveway is removed.

Therefore some form of garden extension into the countryside would be a logical solution to meet modern domestic requirements, providing this does not cause unacceptable harm to the countryside. Accordingly it is noted that this particular boundary is not readily seen from the wider area, and therefore the harm is limited significantly by the very limited depth of the site.

But in terms of the shape of the new area in relation to adjacent properties, the proposed garden extension is not entirely logical and it must be acknowledged that this proposal may potentially lead to further application proposals for adjacent areas on either side of the site. But these proposals would need to be judged on their own merit, and only very limited incursions can be considered if the same garden scale issues are relevant. This property, uncharacteristically, has been built with a very small garden area, and it is unclear whether such a limited rear garden area would have been allowed if the house had been submitted for permission today because it so close to the edge with the countryside.

Conclusion: I do not consider the proposed boundary, which will project by 6.5 into the field, to be illogical and both the nearby and distant viewpoints within the special landscape area would not be adversely affected. Subject to the removal of permitted development rights and implementation of an appropriate boundary treatment and planting scheme, I recommend that planning permission is granted.

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. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 3. The planting scheme implemented in connection with condition no. 2 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 4. 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 or E of Schedule 2 Part 1 on the land shown edged blue and red on the approved location plan, other than the development hereby granted permission.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure that the development fully complies with the appropriate policies and standards. ______Page No 66

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0624 COOPERATIVE RETAIL SERVICES 05/09/2013 LTD BEDWELL ROAD CROSS LANES WREXHAM COMMUNITY: LL13 0TR CASE OFFICER: PF DESCRIPTION: INSTALLATION OF NEW SHOP WARD: FRONT UNITS INTO FRONT AGENT NAME: ELEVATION, RE-CONFIGURATION WELLSFIELD OF CAR PARK, WIDENING OF ASSOCIATES EXISTING DOOR, INSTALLATION OF MR D READE NEW COVERED AREA AND ACCESS RAMPS.

APPLICANT(S) NAME: THE CO OPERATIVE GROUP ______

THE SITE

Nearest residential

Rear proposed covered access ramp

Car park

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

PROPOSAL

The proposal is for various alterations to the existing A1 retail unit consisting of the following: • The installation of 3 no. shop front windows • Refurbishment of the existing entrance doors; • Installation of anti ram raid bollards to the front of the unit; • New covered access ramps to service area at the rear of the building; and • Realignment of car park area to include 8 no. standard spaces and 2 no. mobility spaces.

HISTORY

Code No Description Decision Decision date 12409 Erection of externally Allowed 13/11/1985 illuminated shop sign (in retrospect) 12410 Installation of exterior lighting Allowed 13/11/1985 on north and south elevations 16728 Extension to existing shop Granted 22/5/1989 CB 3342 Extension to existing shop Withdrawn 26/7/1999 P/2000/0404 Extension to provide Refused 12/6/2000 additional retail floorspace P/2002/0020 Installation of 24 hour ATM Refused 11/3/2002 cash machine P/2002/0021 ATM surround and illuminated Refused 11/3/2002 projecting sign P/2002/0319 Display of signs Granted 28/5/2002 P/2002/0400 Installation of 1m diameter Granted 14/6/2002 satellite dish for ATM machine (in retrospect) P/2002/0875 Erection of signs (in Refused 24/9/2002 retrospect). P/2008/0891 6 no. shop front fascia signs Granted 14/10/2008 P/2011/0852 1 no. externally illuminated Granted 9/1/2012 fascia sign P/2013/0625 Replacement of existing AC Pending N/a condensers and plant units to rear of store.

DEVELOPMENT PLAN

The site is within settlement. Policies PS2 and GDP1 are relevant. Local Planning Guidance Note 16 is also relevant.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

CONSULTATIONS

Community Council: Consulted 09.09.2013 Local Member: Notified 09.09.2013 Site Notice: Expired 30.09.2013 Highways: No recommendations Public Protection: Recommend standard noise control conditions relating to the construction phase. Other Representations: 8 neighbouring occupiers notified. 1 representation received raising the following points: • Failure to understand the need to further expand the store given the scale of Cross Lanes and the fact that the new link road takes traffic away from the village; • Enlarging the unit may mean increased deliveries throughout the day especially early morning. There is an existing problem with noise generated by deliveries and staff in the early hours of the day and also the highway safety issue of increase deliveries along Bedwell Road which is narrow and close to a junction; • Construction noise, parking problems and staff parking will become an issue during construction.

SPECIAL CONSIDERATIONS

Highways: This planning application is to make amendments to the existing shop front and to make alterations to the existing car parking layout. This scheme will not make any alterations to the existing footprint and as such there would be no increase in the floor area of the shop. As such there is no evidence to suggest that the proposal would result in any further increase in traffic movements or generate a significant increase in customer numbers. I am therefore satisfied that the proposal will not result in detriment to the amenity of the neighbouring occupiers by way of additional traffic generation.

Whilst the re-alignment of the car park area will result in the loss of 1 no. parking space, the proposal is considered to result in a general improvement of the layout and is considered to be of benefit for pedestrians walking across the site towards the main entrance. On this basis, I consider that this safety improvement outweighs this minor shortfall in provision. Highways have Page No 69

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 raised no concerns regarding this element of the scheme and recommend a standard condition to secure the layout.

Amenity: I consider that the proposed changes will not result in a loss of visual amenity to the street scene or wider area. The existing front elevation of the building is generally bland and this scheme seeks to add visual interest by the introduction of window openings. The installation of the anti ram raid bollards which are of a standard design are also not considered to cause any visual harm to the street scene.

The installation of a covered ramp to the rear would be hidden from public view due to the existing boundary wall facing Bedwell Road. Again, this element of the proposal will not cause harm to the amenity of the area or the character of the building.

Other issues: The development does not result in an increase in the sales floor area of the building. Nevertheless, it is not for the local planning authority to determine the application on the basis of whether there is a need for the changes, even if an extension were proposed. This is a business decision for the applicant.

A concurrent application is being considered (following this report – P/2013/0625) for the installation of replacement air handling and air condition plant.

Conclusion: I am satisfied that the proposed development accords with local planning policy and recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 2237.03 dated August 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. 3. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To provide for the parking and turning of vehicles clear of the highway Page No 70

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 3. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

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

The applicant is advised that compliance with condition no. 3 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 71

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0625 COOPERATIVE RETAIL SERVICES 05/09/2013 LTD BEDWELL ROAD CROSS LANES WREXHAM COMMUNITY: LL13 0TR CASE OFFICER: Sesswick PF DESCRIPTION: REPLACEMENT OF EXISTING AC WARD: CONDENSERS AND PLANT UNITS AGENT NAME: Marchwiel TO REAR OF STORE WELLSFIELD ASSOCIATES APPLICANT(S) NAME: MR D READE THE CO OPERATIVE GROUP ______

THE SITE

Nearest residential property

New air handling units

PROPOSAL

The proposal is for the installation of a new condensing unit to replace two existing units and also for the replacement of three existing air conditioning units with two new air conditioning units. The locations of the units are to be in the same position as the existing on the northern rear elevation of the retail unit.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

HISTORY

Code No Description Decision Decision date 12409 Erection of externally Allowed 13/11/1985 illuminated shop sign (in retrospect) 12410 Installation of exterior lighting Allowed 13/11/1985 on north and south elevations 16728 Extension to existing shop Granted 22/5/1989 CB 3342 Extension to existing shop Withdrawn 26/7/1999 P/2000/0404 Extension to provide Refused 12/6/2000 additional retail floorspace P/2002/0020 Installation of 24 hour ATM Refused 11/3/2002 cash machine P/2002/0021 ATM surround and illuminated Refused 11/3/2002 projecting sign P/2002/0319 Display of signs Granted 28/5/2002 P/2002/0400 Installation of 1m diameter Granted 14/6/2002 satellite dish for ATM machine (in retrospect) P/2002/0875 Erection of signs (in Refused 24/9/2002 retrospect). P/2008/0891 6 no. shop front fascia signs Granted 14/10/2008 P/2011/0852 1 no. externally illuminated Granted 9/1/2012 fascia sign P/2013/0624 Installation of new shop front Pending N/a units into front elevation, re- configuration of car park, widening of existing door, installation of new covered area and access ramps.

DEVELOPMENT PLAN

The site is within settlement. Policies PS2 and GDP1 are relevant.

CONSULTATIONS

Community Council: Consulted 09.09.2013 Local Member: Notified 09.09.2013 Site Notice: Expired 30.09.2013 Highways: No recommendations Public Protection: Recommend standard noise control conditions. Other Representations: 8 neighbouring occupiers notified. 1 representation received raising the following points: Page No 73

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

• The air handling units will cause noise nuisance to the nearest residential dwellings; • The installation is part of a wider scheme to increase the size of the retail units which will lead to general harm to the amenity of the area by way of noise and traffic.

SPECIAL CONSIDERATIONS

Amenity: The proposal is to replace the existing air handling units to the rear of the retail unit. There are currently five separate pieces of plant which are place against the northern elevation of the building. This elevation faces the boundary of no. 1 The Paddocks. Members are reminded that this planning application is being considered purely on the merits of the replacement plant. A concurrent planning application (the preceding report) has been lodged to consider wider improvements to the store which include reconfiguration of the car park and shop front improvements.

The replacement of the existing plant is unlikely to represent any detrimental noise disturbance to the neighbouring dwelling and is likely to significantly reduce any impact currently experienced due to the modern nature of the design. Public Protection has raised no objection to the proposal subject to the imposition of a standard condition to ensure that the equipment does not increase pre-existing background noise levels by an unacceptable amount. I therefore consider that this proposal will not result in detriment to the amenity of the neighbouring occupiers of the site.

The site is also well screened from public view and as such impact upon the wider street scene will not occur.

Conclusion: I am satisfied that the proposed development accords with local planning policy and recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. For the avoidance of doubt any measurements taken of the pre-existing background noise levels shall not Page No 74

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 include any noise as generated from the existing air handing plant and air conditioning units as identified for removal on the approved plans.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

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

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

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

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0651 LYNWOOD MAESYFFYNNON ROAD 18/09/2013 MINERA WREXHAM LL11 3DE COMMUNITY: CASE OFFICER: Minera DESCRIPTION: SEH MINOR EXTENSION TO RESIDENTIAL CURTLAGE WARD: ANDERECTION OF NEW RETAINING AGENT NAME: Minera WALL (IN RETROSPECT) MR RON DAVIES

APPLICANT(S) NAME: MR RON DAVIES ______

THE SITE

The site is located outside of the settlement limit. The applicant has control over all of the land fronting the development site.

Proposed Wall

Previously approved residential curtilage (P/2008/0941)

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

PROPOSAL

As above.

RELEVANT HISTORY

P/2007/1196 Renovation of cottage Withdrawn 10/12/2007 P/2008/0941 Conversion of redundant outbuilding Granted 5/1/2009 to residential use (in part retrospect)

DEVELOPMENT PLAN

Outside settlement limit, within a Special Landscape Area and within the 500 metre buffer zone of the Berwyn and South Clwyd Mountains Special Area of Conservation (SAC), and the / Llantysilio Mountains and Minera Site of Special Scientific Interest (SSSI). UDP Policies GDP1 and PS2 apply.

CONSULTATIONS

Community Council: The community council were opposed to this planning application as it encroaches onto the footpath. Local Member: Notified 19/09/2013 Highway: The site is on private land some distance from the nearest public highway. No objections. Rights of Way: The section of this application relating to the garden/retaining wall affects Above footpath 23. From the plans submitted it would also appear that the parking spaces may affect Minera footpath 13. It is my understanding from the applicant that he does not acknowledge the existence of footpaths in this area (section 5 of the planning application would confirm this) and I would therefore request that planning permission is refused whilst this difference of opinion remains. Site Notice: Expired 04/06/2013 Other Representations: 4 letters of support received: • Wall does not impact upon the footpath and does not look out of place. 2 letters of objection: • The wall should be removed as it interferes with the public right of way.

SPECIAL CONSIDERATIONS/ ISSUES

Background: Planning permission was granted in 2009 (P/2008/0941) for conversion of the redundant building known as ‘Lynwood’. The applicant has since erected a brick retaining wall, which is the subject of this application, to Page No 77

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 the front of Lynwood, just outside the residential curtilage approved as part of the conversion scheme which projects forward by 2 metres. Concerns have been raised that the wall interferes with Footpath 23. As such a path diversion may be required.

Other Matters: The proposed parking spaces which affected Minera Footpath 13 have now been deleted from the scheme.

Conclusion: The small extension to the residential curtilage and wall is acceptable in terms of scale and design, and makes a positive contribution to the visual amenities of the area. Given the potential conflict with the public footpath that runs along the front of the site, I recommend that temporary planning permission is granted to allow the applicant time to establish the precise location of the footpath and to secure any appropriate diversion of the pathway should it be proven necessary.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The wall hereby approved shall be dismantled and shall, together with all materials forming part, be permanently removed before 30 June 2015.

REASON(S)

1. To allow the applicant reasonable time to address the conflict with public right of way (Footpath 23) fronting the development.

NOTE(S) TO APPLICANT

The applicant is advised to contact the Council's Rights of Way Section for advice on compliance with condition no.1 and to discuss the necessary steps to address the alleged conflict with the public right of way. ______Page No 78

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

LIST OF DELEGATED DECISIONS ISSUED

MAE P/2013/0092 FIELD NO 7583 LAND EAST OF RED OUTLINE APPLICATION FOR ERECTION OF GRANTED HALL LANE PENLEY WREXHAM AGRICULTURAL WORKERS DWELLING WITH on 18/10/2013 LL13 0NA GARAGE, INSTALLATION OF BIO DISC TREATMENT PLANT AND ALL ASSOCIATED WORKS GWE P/2013/0298 LIDL UK GMBH OLD MOLD ROAD EXTENSION AND REFURBISHMENT OF GRANTED WREXHAM LL11 4AP EXISTING FOODSTORE on 18/10/2013 WRA P/2013/0406 ASDA STORES LTD HOLT ROAD DRIVE THRU SIGNS AROUND PERIMETER OF GRANTED WREXHAM LL13 8HL CANOPY AND ASSOCIATED SIGNAGE on 11/10/2013 WRR P/2013/0431 QUEENS SQUARE ROAD FELL 1 HORSE CHESTNUT (T1), CROWN LIFT BY GRANTED WREXHAM LL11 1AU 2.5M 1 DAWN REDWOOD (T2), 1 HOLLY (T3), 1 on 22/10/2013 YEW TREE (T4), 1 SILVER BIRCH (T5), 1 BEECH (T6), REDUCE BACK FROM STREET LIGHT BY 2M 1 SILVER MAPLE (T7). REMOVE EPICORMIC TO A HEIGHT OF 5.2M FROM 1 LIME (T9) AND 1 SYCAMORE (T10). MAR P/2013/0486 PIERCY HALL PIERCY AVENUE ALTERATIONS, EXTENSIONS AND GRANTED MARCHWIEL WREXHAM LL13 0PP IMPROVEMENTS. on 21/10/2013 COE P/2013/0499 2 VICTORIA ROAD CONSTRUCTION OF GARAGE GRANTED WREXHAM LL11 3SF on 27/09/2013 HOL P/2013/0502 HOLT LODGE FARM HUGMORE LISTED BUILDING CONSENT TO RETAIN SMALL GRANTED LANE LLANYPWLL WREXHAM LL13 OPENING IN SOUTH ELEVATION AT FIRST on 09/10/2013 9YE FLOOR LEVEL AND REPLACE EXISTING PLASTIC FRAME WITH NEW TIMBER DOUBLE GLAZED WINDOW BRN P/2013/0505 BRUNETT FARM LOWER WYCH CONVERSION OF TIMBER FRAMED SHIPPON GRANTED ROAD TY BROUGHTON WREXHAM AND BRICK SHIPPON TO FORM DWELLING. on 18/10/2013 SY13 3BA ALTERTION OF STABLE BUILDING FOR ANCILLARY RESIDENTIAL USE. DEMOLITION OF THREE SHIPPONS AND WORKSHOP AND STORE. NEW VEHICULAR AND PEDESTRIAN ACCESS. CHANGE OF USE OF LAND FOR HORSES (EQUESTRIAN) HOL P/2013/0524 ROUNDABOUT HOLT ROAD LLAN Y DISPLAY OF ROUNDABOUT SIGNS DISPLAYING GRANTED PWLL WREXHAM LL13 9SA ADVERTISING on 04/10/2013 ROS P/2013/0539 CANTREF GAMFORD LANE TWO STOREY REAR EXTENSION WITH SINGLE GRANTED ROSSETT WREXHAM LL12 0EW STOREY LEAN TO. REPLACE EXISTING FLAT on 27/09/2013 ROOF WITH PITCHED ROOF. ESC P/2013/0543 BERTHENGRON FARM CHANGE OF USE OF FARM LAND AND REFUSED WREXHAM LL14 4LG BUILDINGS TO TIMBER PROCESSING AND on 27/09/2013 STORAGE WRO P/2013/0549 MITRE BUILDINGS BROOK STREET CHANGE OF USE OF EXISTING OFFICES INTO 4 GRANTED WREXHAM LL13 7LU NO SELF-CONTAINED APARTMENTS on 21/10/2013 ESC P/2013/0551 HOME FARM BRONWYLFA ERECTION OF AGRICULTURAL BUILDING GRANTED WREXHAM LL14 4LD on 04/10/2013 CEF P/2013/0559 THE VILLAGE SHOP LLANGOLLEN VARIATION OF CONDITION 4 OF P/2012/0490 TO REFUSED ROAD WREXHAM LL14 CHANGE OPENING HOURS on 01/10/2013 3RP MAR P/2013/0560 HIGHFIELD FARM OVERTON ROAD EXTENSION TO DWELLING GRANTED MARCHWIEL WREXHAM LL13 0TE on 27/09/2013 GWE P/2013/0565 THE BARN SUMMERHILL ROAD REPLACEMENT OF EXISTING AGRICULTURAL GRANTED GWERSYLLT WREXHAM LL11 4SW BUILDING on 09/10/2013 Page No 79

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

ROS P/2013/0566 TREVALYN FARM HOUSE DARLAND EXTENSION TO GARAGE AND ATTIC SPACE GRANTED LANE ROSSETT WREXHAM LL12 ABOVE on 02/10/2013 0BD GWE P/2013/0570 MAYFIELD HOUSE TOP ROAD EXTENSION TO SMALL COMMERCIAL UNITS WITHDRAWN SUMMERHILL WREXHAM LL11 4SR AND ERECTION OF DOMESTIC GARAGE on 02/10/2013 GWE P/2013/0572 8 MENAI WAY GWERSYLLT REAR KITCHEN EXTENSION AND POLYCARB GRANTED WREXHAM LL11 4ND SUNROOM on 04/10/2013 WRR P/2013/0573 14 FFORDD GWYNEDD WREXHAM REPLACEMENT OF CONSERVATORY WITH GRANTED LL11 2TF SINGLE AND TWO STOREY REAR EXTENSION on 18/10/2013 LLA P/2013/0575 MILL BANK COTTAGE SINGRETT FIRST FLOOR EXTENSION GRANTED HILL WREXHAM LL12 0NS on 07/10/2013 BRN P/2013/0577 MILL HOUSE HIGHER WYCH ROAD GARAGE EXTENSION TO EXISTING GRANTED HIGHER WYCH MALPAS WREXHAM RESIDENTIAL HOUSE on 11/10/2013 SY14 7JR ROSP/2013/0580 3 CLUB HOUSES THE GREEN DEMOLITION OF EXISTING GARAGE AND WITHDRAWN ROSSETT WREXHAM LL12 0EB OFFICE AND ERECTION OF ANCILLARY on 27/09/2013 ACCOMMODATION FOR DEPENDANT RELATIVE GWE P/2013/0581 6 VICARAGE CLOSE SUMMERHILL CROWN RAISE TO 3 METRES AND SIDE PRUNE GRANTED WREXHAM LL11 4YX BACK FROM DWELLING BY UP TO 2 METRES on 22/10/2013 TWO FIELD MAPLES (T1 AND T2) HI P/2013/0582 GREENACRES GREEN LANE CHANGE OF USE OF DOMESTIC GARAGE TO REFUSED HALTON WREXHAM LL14 DOG GROOMING PARLOUR (IN RETROSPECT) On 27/09/2013 5BG WOR P/2013/0583 SWEET HAVEN TALLARN GREEN SINGLE STOREY SIDE EXTENSION GRANTED ROAD TALLARN GREEN WREXHAM on 14/10/2013 SY14 7LH WRR P/2013/0584 FORMER CHAPEL NEW ROAD ERECTION OF GARAGE REFUSED RHOSDDU WREXHAM LL11 2HD on 27/09/2013 HOL P/2013/0589 7 CHAPEL STREET HOLT REMOVAL OF EXISTING TIMBER DOOR TO SIDE GRANTED WREXHAM LL13 9DJ ELEVATION AND REPLACEMENT WITH NEW on 27/09/2013 WHITE UPVC DOOR LGC P/2013/0590 SANTANA PLAS NANTYR ROAD REPLACEMENT OF FIRST FLOOR BALCONY GRANTED WREXHAM LL20 WITH CONSERVATORY on 18/10/2013 7NP WRC P/2013/0591 CAMBRIAN INDUSTRIAL ESTATE ERECTION OF 100M OF 2.4M HIGH PALISADE GRANTED RIVULET ROAD WREXHAM LL13 FENCE, FITTING OF TWO POWDER COATING on 10/10/2013 8DL GATES AND CREATION OF TWO SKIP COMPOUNDS COE P/2013/0594 37 CASTLE ROAD COEDPOETH TWO STOREY SIDE EXTENSION AND GRANTED WREXHAM LL11 3NU CONSERVATORY TO REAR on 27/09/2013 GWE P/2013/0596 26 ST GILES PARK GWERSYLLT ERECTION OF UPVC CONSERVATORY TO REAR GRANTED WREXHAM LL11 4AX OF PROPERTY on 11/10/2013 WRR P/2013/0600 10 HIGH STREET WREXHAM LL13 CHANGE OF USE FROM CAFE (A3) TO OFFICES GRANTED 8HP (A2) AT GROUND AND FIRST FLOOR on 04/10/2013 WRR P/2013/0607 BLOCKS C AND D CAMBRIAN APPROVAL OF DETAILS OF PRIOR GRANTED WORKS STATION APPROACH NOTIFICATION FOR DEMOLITION OF BLOCKS C on 27/09/2013 WREXHAM LL11 2NY AND D WRO P/2013/0609 OSBORNE HOUSE PERCY ROAD PAINTING EXTERIOR OF HOUSE (IN GRANTED WREXHAM LL13 7EE RETROSPECT) on 21/10/2013 WRO P/2013/0612 CENTRAL RETAIL PARK CENTRAL ERECTION OF 2 CCTV COLUMNS AND GRANTED ROAD WREXHAM LL13 7SU CAMERAS (IN RETROSPECT) on 11/10/2013 Page No 80

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013

BAN P/2013/0613 ALTHREY LODGE OVERTON ROAD ALTERATIONS AND REFURBISHMENT WORKS WITHDRAWN BANGOR ON DEE WREXHAM LL13 on 15/10/2013 0DA WRR P/2013/0616 11 GROSVENOR ROAD WREXHAM CHANGE OF USE FROM OFFICE TO A1 SHOP GRANTED LL11 1BS on 21/10/2013 ABE P/2013/0618 9 BROOK CLOSE WREXHAM LL13 REAR EXTENSION AND DETACHED GARAGE GRANTED 8JQ on 11/10/2013 GWE P/2013/0619 7 CEDAR CLOSE BRADLEY TWO STOREY EXTENSION TO SIDE OF GRANTED WREXHAM LL11 4DL EXISTING DWELLING on 11/10/2013 ERB P/2013/0627 BARN ROSE HILL CHANGE OF USE OF PARTIAL GROUND FLOOR GRANTED WREXHAM LL13 0DE AREA FROM B1 (BUSINESS) USE TO A1 on 21/10/2013 (RETAIL) USE ROS P/2013/0631 CILAN COTTAGE GRASS LANE TWO-STOREY SIDE EXTENSION GRANTED LLYNDIR LANE ROSSETT WREXHAM on 11/10/2013 LL12 0AU CEF P/2013/0636 PLAS KYNASTON SPORTS ERECTION OF ADDITIONAL METAL STORAGE GRANTED COMPLEX PLAS KYNASTON LANE UNIT (6.09M X 2.40M X 2.40M) on 18/10/2013 MAWR WREXHAM LL14 3AS GRE P/2013/0638 LLYN FRYN OLD WREXHAM ROAD CONSTRUCTION OF DOUBLE GARAGE AND GRANTED WREXHAM LL12 8TY WORKSHOP / STORAGE FOR HOBBY USE on 18/10/2013 (PARTLY IN RETROSPECT) ABE P/2013/0641 OLD LLWYN ONN FARM CEFN CATTLE SHED EXTENSION GRANTED ROAD LLWYN ONN on 21/10/2013 WREXHAM LL13 0NY MAE P/2013/0644 3 THE STABLES CADNEY LANE ERECTION OF BRICK CHIMNEY STACK TO SIDE GRANTED WHITCHURCH SY13 OF PROPERTY on 18/10/2013 2LW COE P/2013/0652 EN CASA WAEN ROAD ERECTION OF GARAGE GRANTED COEDPOETH WREXHAM LL11 3PP on 18/10/2013