Item 4

REPORT TO: Planning Committee

REPORT NO. HEP/47/17

st DATE: 31 July 2017

REPORTING OFFICER: Head of Environment and Planning

CONTACT OFFICER: David Williams (Ext 8775)

SUBJECT: Development Control Applications

WARD: N/A

PURPOSE OF THE REPORT

To determine the listed planning applications.

INFORMATION

Detailed reports on each application together with the recommendations are attached.

RECOMMENDATION

See attached reports.

BACKGROUND PAPERS

None.

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Community Code No Applicant Recommendation Pages GRE P/2016 /0881 MR & MRS B ROBERTS GRANT 11 - 18

GLY P/2016 /0994 MR A LECK GRANT 19 – 24

RUA P/2016 /1164 MR BLAKE GRANT 25 – 31

CHI P/2016 /1165 MR RICHARD LOMAS GRANT 32 – 50

GRE P/2017 /0153 JBH PROPERTY GRANT 51 – 54 CONSULTING LTD - MR PAUL MCEVOY MAE P/2017 /0270 MESSERS P & J GOULDING GRANT 55 – 65

BRO P/2017 /0300 MR KEN MILLS GRANT 66 – 74

WRC P/2017 /0415 MR COPELAND GRANT 75 – 89

CHI P/2017 /0416 KRONOSPAN LTD GRANT 90 – 100 MR KEITH BAKER BRO P/2017 /0445 MR & MRS BEGLIN REFUSE 101 – 104

WRA P/2017 /0448 MR & MRS TOM STANFORD GRANT 105 – 109

WRA P/2017 /0463 AFC LTD GRANT 110 – 114 MR SPENCER HARRIS OVE P/2017 /0495 MR CHRISTOPHER RAE REFUSE 115 – 120

WRO P/2017 /0497 MR & MRS PETER WILLIAMS GRANT 121 – 125

CEF P/2017 /0542 MR RAYMOND SMITH GRANT 126 – 130

CEF P/2017 /0543 MR RAYMOND SMITH GRANT 131 – 135

Total Number of Applications Included in Report – 16

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0881 BEECHMOUNT HILL 20/09/2016 MARFORD WREXHAM LL12 8SW COMMUNITY: CASE OFFICER: DESCRIPTION: PF DEMOLITION OF EXISTING SINGLE- STOREY OUTRIGGER AND WARD: REPLACEMENT WITH NEW AGENT NAME: Marford & Hoseley EXTENSION TO INCLUDE LEAN-TO PORTMAN TO ADJOINING TWO-STOREY SURVEYORS LTD OUTRIGGER, REPLACEMENT OF 7 MR ROB LEE NO. WINDOWS TO EXISTING DWELLING AND INTERNAL ALTERATIONS INCLUDING FORMATION OF STAIRWELL TO CELLAR

APPLICANT(S) NAME: MR & MRS B ROBERTS

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THE SITE

Site

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PROPOSAL

Planning permission is sought for extension to the existing dwelling consisting of a single storey element to the rear (south east) and a two storey extension to the side (north east) to include dormer windows. The proposals will provide for increased ground floor communal space and an enlarged bedroom at first floor.

HISTORY

P/2016/0880 Demolition of existing single-storey outrigger and replacement with new extension to include lean-to to adjoining two-storey outrigger, replacement of 7 no. windows to existing dwelling and internal alterations including formation of stairwell to cellar. Pending consideration.

PLANNING POLICY

The site is located inside a settlement limit as defined by the Wrexham Unitary Development Plan. The site is also designated in the UDP as Conservation Area. Policies PS2, GDP1, EC7, and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 16 – Parking Standards, 20 – House Extensions The Marford Conservation Area Assessment and Management and Plan.

CONSULTATIONS

Community Council: No observations Local Member: Notified 23.09.2016 Site notice: Expired 24.10.2016 Press notice: Expired 22.10.2016 Neighbouring occupiers: 5 neighbouring occupiers notified. One representation received raising the following points: • Object to the side facing windows serving bedroom 4 which will directly overlook the neighbouring property towards its ground floor kitchen and main bedroom; • Obscure glazing should be installed to prevent detriment as addressed above.

SPECIAL CONSIDERATIONS:

Design: The design of the proposed alterations is considered to be consistent with the overall character of the existing building and the uniformity in style of surrounding properties.

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The most significant alterations relate to a later rear addition at single storey level. This is a later addition and is of less historic value than the main two storey elements. The proposed design offers a symmetrical appearance which better follows the original symmetrical intentions of the main house than the current arrangement on site.

To the side of the two storey outrigger it is proposed to extend two storeys with a cat-slide type roof to provide improved first floor accommodation. The extension has been carefully designed so as to sit behind the main building line and to respect the existing roof form and detailing. The incorporation of two gabled dormers is supported and is a feature present on other “Marford” buildings within the Conservation Area.

These proposed works are also subject to an application for listed building consent which is being considered separately. Detailed matters relating to the intervention with the fabric of the building and the building methodology are considered through this listed building consent application.

I am satisfied that the nature of the works proposed will not have a detriment impact upon the setting of the listed building and will seek to preserve the character of Marford Conservation Area.

For the benefit of Members a series of images are shown below detailing the prominent elevations of the proposed scheme.

Proposed North East elevation (facing Jasmine Cottage)

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Proposed South East elevation

Amenity: The dwelling is located adjacent to Jasmine Cottage to its south western boundary. Jasmine Cottage is set at a lower level than the application site with a separation distance between the two properties of 19.5 metres. The upper floor windows of Jasmine Cottage are roughly the same floor height as the ground floor of the application site. An image follows which shows the relationship of the footprint of the existing dwelling with that of the neighbouring dwelling.

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View towards Jasmine Cottage

Guidance contained in LPG20 seeks a separation distance of 22 metres where habitable room windows face, with an additional two metres required for every one metre difference in land level. At ground floor level I am satisfied that overlooking from the large dining windows is unlikely to occur due to existing boundary vegetation. At first floor level a proposed secondary small dormer window is proposed to bedroom 4. Although below the maximum separation standard in LPG20, it is unlikely to result in a significant amount of overlooking. Any overlooking that may occur is likely to be limited to glimpses given the significant detailing to the neighbouring and proposed window framing. I do not consider any detriment to be significant enough to warrant refusal of planning permission.

Conclusion: The proposed development is considered to be satisfactory in terms of its impact upon the setting of the listed building, the character of the Conservation Area and the amenity of the neighbouring occupiers. I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

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CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered A_193_13 Rev A, A_193_14 and A_193_15 Rev A and contained within the application documentation. 3. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. No works shall commence until drawings to scale 1:5 and 1:20 fully detailing all new and replacement windows and doors have been submitted to and approved in writing by the Local Planning Authority. Windows shall be flush fitting and have side hung casements and the details shall fully describe the proposed materials, decorative / protective finishes and glazing type and include cross sections for glazing bars, sills, heads etc. The works shall only be carried out in strict accordance with such details as are approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission. 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 works reflect the character of the building and the wider conservation area.

NOTE(S) TO APPLICANT

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

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

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The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 site boundary have the potential to cause unreasonable disturbance to neighbouring premises.

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0994 THE MULBERRY INN OLD ROAD 27/10/2016 WREXHAM LL20 7BB COMMUNITY: CASE OFFICER: Glyntrian DESCRIPTION: PF TWO STOREY REAR EXTENSION TO FORM GROUND FLOOR WARD: MANAGERS ACCOMMODATION AGENT NAME: WITH 3. NO BEDROOMS TO FIRST BLUEPRINT FLOOR FOR HOTEL USE ARCHITECTURAL SERVICES LTD APPLICANT(S) NAME: MR STEVEN ELTHAM MR A LECK

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THE SITE

Proposed extension location

PROPOSAL

Planning permission is sought for the extension of a the existing hotel to provide a two storey structure consisting of ground floor managers accommodation with 3 no. bedrooms to the first floor.

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HISTORY

None

PLANNING POLICY

The site is located within a settlement limit as defined by the Wrexham Unitary Development Plan. Polices PS2, GDP1, EC13 and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 16 – Parking Standards.

CONSULTATIONS

Community Council: Makes the following comments: • It is good to see a hotel doing well and thriving in the community. It is good for tourism; • Low water pressure in this area. This extension will exacerbate the problem unless it is addressed; • Parking is a problem when the hotel is busy as there are insufficient spaces. This results in cars parked around the junction opposite the premises. • Foul sewage disposal is unknown. With five extra bathrooms, this needs to be planned for. Local Member: Notified 31.10.2016. New Local Member notified 17.07.2017 Site notice: Expired 07.11.2016 Highways: No objection subject to condition to secure car parking. Public Protection: Amenity nuisance conditions recommended. NRW: Refer to advice of County Ecologist. Flooding Management Officer: No objection provided that the design as shown is implemented. Neighbouring occupiers: 3 neighbouring occupiers notified. One representation received raising the following points: • The water pressure in the locality is poor; and • Will there be enough parking with another property being built at the top end of the car park?

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SPECIAL CONSIDERATIONS:

Design and amenity: The proposed extension would be located to the rear of the hotel and has been designed in a manner to reflect the existing character of this section of the building. It would result in a continuation of the rear wing by a further 13.3 metres. For the benefit of Members an image of the rear section of the hotel is shown below along with an extract from the proposed plans showing the corresponding elevation.

View from south west

Proposed south west elevation

The most prominent elevation of the building when viewed from the rear of the site will be that as shown in the images above (from the south). There are limited views from the north. I am satsified that the design of the proposed extension is sympatetic to the character of the existing building and would not

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 be detrimental to the character of the existing building or the wider landscape character.

I am satsified that the proposed layout of the extension would not result in the loss of amenity for the neighbouring occupiers to north given the agricultural nature of the land between the two sites.

Highways: Highways have raised no objection to the proposed extension. Based on the detail contained in the submitted plans, proposed car parking provision would accord with LPG16 standards. Access arrangements would be retained and a suitably worded condition can be imposed to ensure that the parking layout is laid out and retained in perpetuity.

Outline planning permission has been granted for residential development at the southerly extreme end of the existing car park. A reserved matters application is currently being considered for one single dwelling. I am satisfied that the application now before Members in relation to the Mulberry Inn has factored this into the overall car park layout. Highways have factored this into their response.

Flooding: The site is located in Zone A as defined by Welsh Government TAN15, being an area not known to be at risk from river flooding. However, there are known instances of surface water flooding on the site due to the proximity of a culvert at the eastern boundary. This culverted watercourse runs beneath the site.

The use of stilts under the proposed extension has been proposed. This is to allow any surface water that may flow across the site to attenuate in its normal place without the extension displacing the water and increasing flood risk to neighbouring properties. The Council’s Flood Officer has requested that the void beneath the extension be retained

Any works that would affect the existing culvert will require consent under section 23 of the Land Drainage Act. This would be obtained from the Council as Lead Local Flood Authority.

I am satisfied that suitable planning conditions can be worded to protect the existing flow route of flood water whilst allowing the development to occur. The scheme therefore accords with policy EC13.

Other matters: Matters of low water pressure are not an issue for the planning application. It is for the water supply body to ensure that there is adequate supply of water.

Conclusion: I am satisfied that the proposed extension will be sympathetic in terms of its appearance and scale and can be accommodated on the site without causing harm to the neighbouring occupiers. It also represents a positive expansion to an existing rural business which will benefit the economy of the locality. As such, I recommend accordingly.

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RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered L057/003 Sheet 1 of 1 Rev B and L057/004 Sheet 1 of 1 Rev B and contained within the application documentation. 3. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. No development shall commence until a scheme has been submitted to and approved in writing by the local planning authority fully detailing the proposed method of construction of the foundations to include a cross sectional drawing of the existing land levels. The development shall be carried out strictly in accordance with the details as may be approved. 5. The site shall be developed in accordance with the ground and / or floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority. 6. Prior to the first use of the development hereby approved, the car park and turning area shall be surfaced, drained and marked out in accordance with the detail as shown on drawing no. L057/004 Sheet 1 of 1 Rev B and retained thereafter.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. In order to ensure that the development can be carried out without causing an unacceptable risk to neighbouring occupiers as a result of surface water flooding. 5. In order to ensure that the development can be carried out without causing an unacceptable risk to neighbouring occupiers as a result of surface water flooding. 6. In the interests of highway safety.

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.

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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 an application may be required under Section 23 of the Land Drainage Act were any interference with the adjoining culverted water course required. You are advised to contact the Council's Flood Management Officer at the Lead Local Flood Authority. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1164 MAESYLLAN FARM MAES Y LLAN 22/12/2016 LANE WREXHAM LL14 6AD COMMUNITY: CASE OFFICER: Ruabon DESCRIPTION: KH OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT WARD: (WITH ALL MATTERS RESERVED) AGENT NAME: Ruabon (INCLUDING DEMOLITION OF BLUEPRINT FARMHOUSE AND OUTBUILDINGS) ARCHITECTURAL SERVICES LTD APPLICANT(S) NAME: MR DAFYDD EDWARDS MR BLAKE

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THE SITE

SITE

The site is approached off Maes y Llan Lane, Ruabon. Maes y Llan Court a relatively recent development of 18 properties lies to the east with a school to the west. The site is currently occupied by a farmhouse and outbuildings which will be demolished to accommodate the new dwellings.

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PROPOSAL

Outline application for residential development (with all matters reserved for further approval, including demolition of the farmhouse and outbuildings). An illustrative plan indicates 3 pairs of semi-detached and 2 detached units on the application site. this is shown below for the benefit of Members.

Proposed indicative layout plan

HISTORY

None on the site.

DEVELOPMENT PLAN

Within the settlement limit for Ruabon. Policies H2, T8, PS1, PS2, GDP1 (a, d and e) of the Wrexham Unitary Development Plan refer.

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CONSULTATIONS

Community Council: No objections. Local Member: Notified 23.12.2016. Public Protection: No objection subject to planning conditions. Highways: No objections in principle subject to planning conditions. Welsh Water: No objection, drainage conditions required. NRW: Bat report submitted did not confirm the presence of bats but further surveillance at the appropriate time required. Permission should not be granted until it can be demonstrated that the proposed development will either not harm or disturb bats or that all three conditions for the eventual grant of a licence are likely to be satisfied. Conservation: No objections – photographic record required prior to demolition. CPAT: Photographic survey required. Education: Notified 14.07.2017 Other representations: Three letters of concern / objection from nearby residents on the following grounds:- • Increase in traffic and congestion on Maes y Llan Lane, in particular at the junction with Albert Grove when parents drop off their children for school, • Parked cars at the junction restricts visibility and is dangerous with parking indiscriminate, • Loss of privacy, • Parking of construction vehicles will increase the problems. Site Notice: Expired 27.01.2017.

SPECIAL CONSIDERATIONS

Proposal: The application is an outline application with all matters reserved for further approval. The illustrative layout indicates 8 properties – three pairs of semi-detached properties and two detached dwellings. The site is accessed off Maes y Llan Lane, Ruabon and onto a private access road with a proposed access point in a similar position to the access that currently serves a farmhouse and outbuildings.

Highways: Highways raise no objections to the proposal. The site is located off an unclassified highway and the road has been constructed as a 5.5m wide highway with 2m footway either side.

A previous planning application was submitted and approved on the adjacent site and I understand that the planning committee expressed concerns over existing congestion caused by parents parking and waiting to pick up their children from the nearby junior school. Whilst highways acknowledge that this

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 may be an issue at school starting / ending times, the addition of up to 8 dwellings is considered unlikely to create significant additional congestion as parking will be in full accordance with the LPGN 16 maximum standards.

Highways would not wish to adopt the private driveway serving the 8 dwellings. The private drive should be passed into the control of a private management company and maintained in perpetuity by the company. Conditions required to widen the footway fronting the site to 2m, visibility splays protected, access width and details of parking and turning.

Amenity / Layout: The illustrative plan indicates an acceptable layout and will provide a positive frontage to the site access road with the provision of the two detached properties. The relationship with the existing development at Maes y Llan Court is acceptable and the separation distances of a minimum of 21.5m will ensure privacy is not compromised.

Ecology: Both Natural Resources and the Council’s Ecologist have required further surveillance is carried out to demonstrate no adverse impact on bats on site. Whilst the submitted bat survey did not confirm the presence of bats, the report suggests the application site supports features of moderate to high suitability of roosts and as a consequence recommends the need for further surveillance and this information is considered to be materially required to inform the planning process. Planning permission should not be granted until it can be demonstrated that the proposed development will either not harm or disturb the bats or their breeding sites. The additional information has been submitted to NRW for their comments.

Conclusion: I am satisfied the scheme is acceptable and subject to various planning conditions will provide a safe access and adequate on-site parking. Nearby existing properties will have adequate separation distances with the proposed new properties. Further surveillance to demonstrate no adverse impact on bats on site has been carried out and panning conditions attached to ensure bats are not harmed. I am awaiting NRW’s comments which are likely to be reported on the addendum prior to Committee.

My recommendation is in three parts.

RECOMMENDATION A

That the Council enters into an obligation under Section 106 of the Town and Country Planning Act to secure a commuted sum for contributions towards Education and a private management company to maintain the private driveway in perpetuity..

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

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RECOMMENDATION B

Upon completion of the obligation planning permission is GRANTED subject to the following conditions.

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 5. 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. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 8. No part of the development shall commence until further details of the proposed vehicular parking and turning facilities have been submitted to and approved in writing by the Local Planning Authority. The facilities as are

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 approved shall be fully laid out, surfaced and drained prior to first use of the development, and shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 9. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 10. The vehicular access shall be a minimum width of 4.8 metres. 11. Prior to first use of the development a 2.0m wide footway shall be constructed along the entire site frontage in strict accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 12. 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. 13. No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for the disposal of foul, surface and land water and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 14. The development shall not in any circumstances commence unless the Local Planning Authority has been provided with either:- A) A Licence issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation and Habitats and Species Regulations 2010 authorising the specified activity / development to go ahead, or, B) A statement in writing from Natural Resources Wales to the effect that it does not consider the development will require a Licence. 15. The Local Planning Authority should be made aware of the ecological clerk of works and their contact details prior to commencement. 16. The ecological mitigation outlined in the Ecological Report by the Tyrer Partnership dated 20/06/2017 should be implemented in full.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To protect the amenities of the occupiers of nearby properties. 5. To protect the amenities of the occupiers of nearby properties. 6. To protect the amenities of the occupiers of nearby properties.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. 8. 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. 9. In the interests of highway safety. 10. To ensure the formation of a safe and satisfactory access. 11. In the interests of pedestrian safety. 12. 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. 13. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system. 14. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 15. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 16. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted.

RECOMMENDATION C

That if the obligation pursuant to Section 106 of the Town and Country Planning Act is not completed within 6 months of the Committee Resolution, the Head of Environment and Planning be given delegated authority to refuse the application for the following reason:-

The development makes inadequate provision for the required infrastructure / community facilities to off-set the impact of the development. The proposal as such would be contrary to UDP policy GDP2.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /1165 LAND ON NORTH SIDE OF STATION 21/12/2016 AVENUE WREXHAM LL14 5NA COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: SEH OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT OF WARD: UP TO 22 NO. UNITS AND AGENT NAME: Chirk South ASSOCIATED WORKS WITH ALL MR RICHARD LOMAS MATTERS RESERVED EXCEPT FOR ACCESS

APPLICANT(S) NAME: MR RICHARD LOMAS

______

THE SITE

Application Site

PROPOSAL

As above

HISTORY

P/2017/0350 TPO Application for Works to the Lime Tree. Withdrawn 14/07/2017

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

DEVELOPMENT PLAN

Inside settlement and partly within the Chirk conservation area. Policies PS1, PS2, PS3, PS4, PS11, GDP1, GDP2, H2, EC4, EC6, EC12, EC13, T8 and T9 of the Wrexham UDP are relevant. Local Planning Guidance Notes Nos. 16 – Parking Standards, 17 – Trees and Development, 21 – Space around Dwellings and 32 – Biodiversity and Development are also relevant.

CONSULTATIONS

Town Council: This application is deemed irresponsible given the proximity to industrial sources of noise, dust and chemical smell nuisance/pollution. It is not a good site with housing intruding into an industrial area. The avenue of trees along Station Avenue is a visual amenity and deserves the full protection of the Conservation Area status that they reside in. This is a heritage street scene and tourist feature. Removal of any of the trees is seen to be wholly against the reasons why the Conservation Area status was put in place. On the proposal to add another entrance/exit splay onto Station Avenue the view is that the road is already oversubscribed – particularly in high season when the Caravan Park is on changeover day, Chirk Castle attendance peaking plus the traffic serving nearby industrial/commercial sites. The width of the road does not allow free flowing two-way traffic where this new splay is planned. Local Member: Councillor Hemmings – No comments at this stage; Councillor Evans – Trees form an integral and important role in the character and appearance of the area, particularly the street trees along Station Avenue which have a strong presence within the streetscape. The trees, which are mostly lime trees, line the edge of the highway and are the primary feature of Station Avenue having been allowed to grow very large with branches forming an archway over the road. The avenue of trees enhances the linear form of the road and their scale and size create a strong sense of enclosure to the street and views. In addition the established woodlands surrounding Castle Road and across the Ceiriog valley at Chirk Bank are essential to the wider setting of the Conservation Area as well as individual buildings. Building use is mostly residential which combined with the low density of buildings creates a more peaceful atmosphere easing the transition from rural countryside to busy

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 town centre, however regular light and heavy traffic flow to Mondelez, Canal Wood Industrial Estate, Chirk Railway Station, Chirk Castle and Lady Margaret’s Caravan lessen this quality, particularly along Station Avenue. The low density building pattern is complimented by the abundance of open space, with the recreation ground, northern fields of the Ceiriog Valley and the field surrounding Oakcroft House of particular importance to the character of this sub-area. This Council has spent thousands of pounds drawing up a conversation area that protects these ancient trees that are about two hundred years old and an avenue of trees that is our heritage. The trees need protecting at all cost and safe guarded for future generations to come. If we see any diseased or damaged trees the conservation officer should ask the Arboricultural officer to get the damaged ones replaced as part of the conservation area. Please refuse this application to protect the trees and the conservation area. Highways: No objection subject to recommended conditions (see special considerations section below). Public Protection: No objection subject to the imposition of a condition to restrict hours of construction works and advisory notes in relation to dust management. A scheme of noise attenuation measure should also be submitted (to be secured by planning condition). Education: There is sufficient capacity in local schools and no contributions are required. Welsh Water: No objection subject to the imposition of a condition securing a drainage scheme for the site. HSE: Does not advise against the development on safety grounds. NRW: No objection to the development. Senior Flood Officer: No objection to the development provided that a condition is attached to the permission to secure SuDS (sustainable drainage) at the site. Press Notice: Expired 04/02/2017 Site Notice: Expired 26/01/2017 Neighbours: Objections received from 5 nearby properties raising the following concerns: • Station Avenue is a narrow and busy road carrying a mix of private and heavy commercial vehicles; • There is restricted visibility from existing access points; • The proposed access would suffer from restricted visibility;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 • The lime trees along the site frontage should not be removed. The creation of the new access will impact upon the trees to be retained by virtue of the need cut them back thus changing their appearance; • The proposed residential use of the site is incompatible with the adjacent commercial uses; • The contribution that this site makes in terms of a buffer between residential and commercial uses should be considered for its significant amenity value; • The adjacent commercial uses might infringe upon the residential amenities of the occupiers of the proposed development; • Concerned about the removal of trees and the state of existing trees and hedges. We need every leaf we can get to deal with emissions from local factories and cutting down vegetation is not acceptable; • The site is greenfield and is outside of the settlement limit and in an unsustainable location. The lack of a 5 year housing land supply of not sufficient grounds to warrant the residential development of the site; • Brownfield sites should be looked at before developing this greenfield site; • The number of houses proposed will change the character of the area significantly and will detrimentally impact upon the existing houses opposite the site in terms of noise, additional traffic and light dazzle into bedrooms and living rooms; • The site will be adjacent to two major industrial promises – Mondelez and Kronospan. Planning Policy Wales states that residential development should not be allowed close to commercial uses to protect the occupants for the nuisance of noise and odour etc. • The site is partly in and adjoining the conservation area. All new development should preserve the special character of the conservation area. The development would not preserve or enhance the character and would have an injurious effect upon the conservation area; • The development would make an unacceptable change to the character of the area; • In recent years Chirk has become over developed and development should be designed in a more sustainable way;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 • The trees along Station Avenue are within the designated Conservation Area and are an important element which contributes to its character and quality. This will be lost if the development is allowed. The importance of these trees and the street scene is highlighted in the Council’s Conservation Area Management Plan. To allow them to be removed or threatened makes the designation pointless and questions the integrity of the Council’s planning function. Any development should enhance the quality of the Conservation Area, not erode it. The development requires the removal of a tree that is protected by a Tree Preservation Order. The proposed access will also result in the immediate loss of other trees and will involve substantial ground works for the proposed road, plus deep excavations for services, compaction of stone and the laying of Tarmac within the root protection area of several others. This work and the need to maintain the visibility splays by continually cutting back will inevitably result in the loss of the trees and important habitat within a very short period of time. As professional officers of the Council you should be seeking to protect, preserve and maintain the trees and special character of the Conservation Area and street scene. Not giving your support for the cutting of a swathe through the centre of it, in order to facilitate the construction of an access road; • The applicant has made light of the impact but we think it will be very difficult to put in the access and provide the required splays (to BS standard for tree protection during development) without directly affecting them (felling or removing the trees) or threatening their long term health; • These trees are all protected by a TPO for a reason (they enhance the conservation area) and the Council's own Conservation Area Management Plan specifies that they are an important element. They should not be removed or endangered simply to facilitate a commercial venture which is only being entertained by the Planners because the Council doesn't have a five year housing supply; • We are privileged in Chirk to have natural regeneration of wild flowers & grasses which support wildlife & fauna in the field which is the subject of the proposed development. The Government supports incentivising farmers to preserve sections of land so as to preserve uncultivated flowers & wildlife habitat for future

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 generations. Many of these have been lost over the past 50 years due to the use of pesticides and land development. I also believe it wrong to remove any safe healthy tree from the conservation area for the purposes of enabling building development; • Development on this site will not be environmentally, socially or economically sustainable. It will result in the destruction of protected trees, habitat and possibly protected species, it does not guarantee any local economic benefits, it will adversely affect the amenity and safety of local residents and it will jeopardise the future of local industry. It offers no benefits which justify ignoring your adopted Development Plan; • The development of dwellings on this area would cause more vehicle chaos on Station Avenue and I wonder if it is such a good idea putting houses so close to factories for more residents to make complaints about noise and pollution.

SPECIAL CONSIDERATIONS

Background: Proposed is the residential development of the vacant land for up to 22 no. dwellings. The application is in Outline with all matters reserved for further approval except for vehicular access. The site is within the defined settlement limit of Chirk where, in accordance with UDP Policy H2, residential development is acceptable in principle. A case for the residential development of the site based upon the need to increase the housing land supply is not there required. Nevertheless it should be understood that this site will make a significant contribution to the housing need on land within the settlement limit thus reducing the pressure to develop land outside of the settlement limits and in the countryside.

The relevant matters for consideration therefore are the impact of the development upon highway safety, local residential amenity, ecological concerns, and compatibility of uses (residential close to industrial), impact upon the TPO trees, and impact upon the visual amenities of the area and upon the character and appearance of the conservation area.

Policy: The site is within the settlement limit of Chirk. There are no policy objections in principle subject to compliance with the general development principles set out UDP Policy GDP1 and the relevant Local Planning Guidance Notes (see Development Plan section above). The site was considered as a potential housing land allocation for the LDP (under code CHIR009UCS) but was ruled out due to objections raised on aboricultural grounds (loss of trees along the site frontage). Providing this issue can be addressed, no objections to the development are raised.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Scale, Design and Site Layout: The application is accompanied by a detailed Design and Access Statement which fully outlines the rationale behind the site layout in responding to the site constraints. Whilst it is important to note that this proposal is made in outline, with matters relating to layout, scale and appearance reserved for approval at a later stage, the Council can broadly rely upon the contents of the illustrative plan and supporting documentation in determining the anticipated impact of the development (see figure 1. below). The illustrative plan demonstrates that it is possible to achieve a functional development that sits comfortably within the landscape setting which can be satisfactorily mitigated in landscape terms and make a positive contribution to the character and appearance of the area.

The site access is located opposite an existing dwelling known as ‘Lyndens’. This dwelling is screened by a high hedgerow which will lessen any impact upon the dwelling by way of nuisance caused by use of the access, such as by car headlights. Vehicular access points opposite dwellings are a common feature within the Borough and do not raise significant issued in terms of noise nuisance. The proposed properties are located a sufficient distance from the existing dwellings opposite the site on Station Avenue, the closest dwelling being far in excess of 22 metres away (the minimum separation standard required by LPGN 21). As such there would be no significant loss of privacy or daylight to these properties and the proposal accords with UDP Policies H2, GDP1 and PS2.

Figure 1. Indicative site layout

Conservation Area: One of the key considerations here is the acceptability of removing two of the frontage trees, one lime tree and one sycamore tree, to make way for the vehicular access. The importance of the lime trees along Station Avenue is not questioned and this is confirmed by their TPO status within the designated Chirk Conservation Area. The adopted Conservation Area Character Assessment and Management Plan makes several references to the important contribution made by the trees to the special character and appearance of the area, having a strong presence within the street-scene,

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 adding to the sense of place and enhancing the linear street pattern by creating enclosure whilst channelling views along the avenue.

This special character derives from the cumulative impact of trees and the continuity along the avenue which should be strengthened and maintained not diminished through incremental loss. The trees form such a valuable feature of the Town and of the conservation area, as well as the approach to the World Heritage Site, that the removal of these trees could not be supported without their replacement. It is proposed therefore that the two trees to be removed will be replaced with two trees of suitable size and quality so that in the medium to long term the character of this part of the conservation area will not be unduly harmed, and the character of the conservation area would be preserved. Figures 2, 3, 4, 5 and 6 below demonstrate the negligible impact that the removal of the two trees will have upon the street scene.

Figure 2. Trees to be removed (marked in red) - Easterly

Figure 3. Existing Street Scene (Easterly)

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

Figure 4. Proposed Street Scene (Easterly)

Figure 5. Trees to be removed (marked in red) – Westerly

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

Figure 6. Existing Street Scene (Westerly)

Figure 7. Proposed Street Scene (Westerly)

Trees and Landscaping: The primary arboricultural issue with this application is the proposed removal of the two protected trees adjacent to Station Avenue in order to provide a suitable vehicular access point into the development. Of the two trees to be removed, one is a multi-stemmed, mature sycamore (T5) set back from the highway and subject to Conservation Area protection. The second is a mature lime tree subject to TPO WCBC 59 (T14) identified as T6.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 The sycamore (T5) is considered to have reduced amenity value due to its poor form and suppression by adjacent and dominant trees, the removal of the tree would be considered acceptable providing its contribution to the overall canopy cover along Station Avenue is mitigated through replacement planting in a location as near to as practicable to the location of the sycamore itself.

The removal of the lime tree (T6) is more contentious due to both the elevated protective status of the tree and its amenity contribution within the significant tree-lined feature present along Station Avenue. Whilst the tree has been identified within the survey as a category ‘B’ feature, my own assessment reduced the retention value of the tree to a category ‘C’ due to the level of die- back and dead material present within the upper crown, the tree is also considered to be of a reduced stature compared to similar adjacent lime trees in Station Avenue.

Despite the reduced values of both trees, their removal should be mitigated through appropriate replacement planting. T6 will be replaced on a ‘like for like’ basis, and will be located approximately 2.0m from the original location and of a size and form capable of providing instant amenity (see figures 3 above). The tree to replace T5 must also be a suitable species to be planted within the site boundary and again, adjacent to Station Avenue. The specific planting details will be considered as part of the reserved matters application should outline planning permission be granted.

The overall plot layout is acceptable with appropriate protection afforded to the existing hedgerow to the eastern boundary through well considered design. The hedgerow itself requires maintenance and rejuvenation in parts and a hedgerow management plan should be submitted to address this as part of the reserved matters application.

The site is immediately adjacent to the existing Public Open Space (POS). As this POS is easily accessible there is no requirement for the open space on site to be equipped. The informal open space area (IOS) proposed for the north of the site provides a good opportunity for increasing both biodiversity and increasing canopy cover in accordance with Policy EC4, the Tree & Woodland Strategy (objective 1(9)) and LPGN No. 17 ‘Trees & Development’. The proposed tree planting within the IOS as shown within the indicative ‘Planting Plan 202’ should be improved upon with additional planting of trees with potential large stature such as Tilia spp, Quercus spp, Pinus spp, Acer spp; large tree species capable of providing a significant visual ‘back-drop’ to the development whilst increasing canopy cover. Proposed tree planting within residential garden areas should also be increased with a greater mix of small ornamental tree species to improve plant diversity across the site. These are all details which will be addressed in any subsequent reserved matters application.

Highways: The development site is located on a classified highway subject to a 30mph speed limit. The applicant undertook a vehicular speed survey over a single day in July 2016 with determined 85th percentile speeds of

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 28.28mph westbound and 30.41 mph eastbound. A second survey was commissioned over the course of a week in December 2016 which determined speeds of 28mph westbound and 28.7 mph eastbound. The Welsh Government guideline TAN 18 recommends visibility splays measuring 2.4 x 40m for the higher of the measured speeds and the applicant has demonstrated that it is possible to achieve these splays from the proposed site access.

The revised plans make it clear that the location of the existing trees to be retained (particularly tree T4) do not obstruct visibility from the site access. Similarly the proposed new feature tree (replacement T6) at the site access will not obstruct visibility. The proposed scheme of future maintenance for hedges / trees etc. in this location would be of benefit to a currently unmanaged area and will ensure visibility is maintained in perpetuity.

There are two existing junctions on the opposite side of Station Avenue within 50m of the proposed site access. Both junctions suffer from substandard visibility. Despite this there are no recorded accidents within 150m of the site in the last 5 years.

A proposed road width of 5.5m with associated footway provision meets with current highway design standards. A swept path analysis has demonstrated that the proposed access is capable of catering for an 11.2m long refuse wagon. Traffic generated from a development of 22 dwellings is likely to be no more than 20 movements at peak hours. This equates to an average of just one additional vehicle every 3 minutes.

There are some significant traffic generators already served by Station Avenue (Chirk Castle, Canal Wood Industrial estate and the Caravan Park). However, the level of traffic likely to be generated by this proposal is so low that it is considered unlikely to have any detrimental impact on the highway. As the application is in outline the site layout will be assessed at reserved matters stage.

Noise: The application site is in close proximity to two existing industrial uses; Kronospan and Mondelez (formerly known as Cadburys). Public Protection had some concerns that the initial noise survey submitted with the application did not represent a worst case scenario and so the Council’s environmental protection team carried out their own noise monitoring. Whilst distant air handling plant type noise from Kronospan was recorded, the dominant noise for the duration of the measurements was from air handling plant/compressor type noise from the Mondelez’ site. There were very few other environmental noises evident.

A revised noise impact assessment was subsequently submitted which incorporated the higher Mondelez night-time noise levels (as measured by the Council). The proposed noise mitigation measures accord with WHO recommended noise levels (both internal and external) and there are no objections to the development on the grounds of compatibility of uses. The industrial uses will not impact significantly upon the residential amenities of

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 the occupiers of the proposed development and there is no reason to believe that the dwellings will encroach upon these uses. A scheme of noise attenuation/mitigation measures should be submitted as part of the reserved matters application.

Ecology: Sufficient bat surveys have been carried out on site to adequately assess the impact the development may have on the species, including any potential for bat roosts in the trees to be removed from the site frontage. The site as a whole has potential to be used by foraging and commuting species and so a bat friendly lighting scheme is required as part of the reserved maters application.

Other Matters: An application was made to carry out works to the TPO protected lime tree (T4 to be retained) in order to remove the epicormic growth. This was intended to assist in the accurate plotting of the central point of the lime tree. However, the removal of the epicormic growth was not considered necessary once the location of tree T4 was accurately plotted by topographical survey with the results shown on the amended plan. The TPO

application was not considered necessary and the application was subsequently withdrawn on 14/07/2017.

Conclusion

As the site is within the settlement limit, there can be no objection in principle to its residential development. Whilst providing much needed housing in a sustainable location, this proposal offers the opportunity to regenerate and visually enhance the area in accordance with planning policies H2, GDP (a), EC7 and PS2 which seek to ensure that development does not harm the appearance of the townscape, and that it positively contributes to the appearance of the nearby locality and preserves the character of the conservation area. On-site parking provision can accord with LPGN No. 16 and a safe and satisfactory vehicular access has been proposed. Further, the proposed soft landscaping and replacement tree planting will be of benefit not only to the visual amenities within the development, but to the appearance of the locality as a whole. I have considered the impact of the development upon the residential amenities of the occupiers of the existing adjacent properties and concluded that there will be no significant detrimental impact, and I recommend accordingly.

RECOMMENDATION A

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

• Management Company for the future maintenance by the applicant of all communal areas including the driveways, parking areas, hard and soft landscaped areas and planted features.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 The final form and amount shall be determined by the Head of Environment and Planning.

RECOMMENDATION B

That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990, as detailed above, is not completed within six months of the date of the Committee resolution, the Head of Environment and Planning is given delegated authority to REFUSE planning permission for the following reasons:-

• Lack of appropriate maintenance by the applicant of all communal areas including the parking areas, hard and soft landscaped areas and planted features.

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

RECOMMENDATION C

Subject to the completion of the S106 obligation, planning permission be GRANTED subject to the following conditions:-

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. This permission shall provide for a maximum of 22 No. dwellings. 5. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 6. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 5. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 7. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 8. As part of the reserved matters application, a scheme of noise insulation and/or attenuation measures shall be submitted to and approved in writing by the Local Planning Authority. 9. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 10. No part of the development shall 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. 11. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 40 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 12. Prior to first use of the development hereby approved, the vehicular access shall be laid out in strict accordance with approved plan ref: SCP/15234/SK01 Rev B. 13. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, lighting, design, drainage and construction of the internal estate road and footways The scheme as is approved shall be fully implemented prior to first use of the development.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 14. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 15. An external bat friendly lighting scheme shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The scheme shall be fully implemented in accordance with the approved details prior to first use / occupation of the development. 16. With the exception of the hedgerow removal and Trees referenced T5 and T6 required to form the vehicular and pedestrian access, all other the existing trees, shrubs and hedges shown on drawing refs: P.585.15.05, 201 Rev B and 202 Rev B shall be permanently retained and shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be replaced with trees, shrubs or hedging plants of the equivalent size and species all within a timescale to be approved in writing by the Local Planning Authority. 17. As part of the reserved matters application, a detailed Arboricultural Implication Assessment dealing comprehensively with all tree issues (including shading of the residential plots) shall be submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Assessment as is approved. This Assessment shall include all trees with a stem diameter of 75 mm or above (including crown spreads and stems) and the trees shall be colour coded and shown accurately on a topographical land survey. 18. As part of the reserved matters application, a Landscaping Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. The landscaping shall be managed and maintained in strict accordance with these details as are approved. 19. The landscaping plan to be submitted as part of the reserved matters application shall include replacement planting in respect of tree nos. T5 and T6, within the development frontage. 20. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved. 21. No part of the development shall commence until details of underground and overhead services have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the details as approved. 22. Only foul water from the development site shall be allowed discharge to the public sewerage system and this discharge shall be made between manhole reference number SJ28379702 and SJ28379701 as indicated on the extract of the Sewerage Network Plan attached to this decision notice.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure that a high standard of design is achieved for the site. 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. To ensure satisfactory drainage of the site and to avoid flooding. 7. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 8. To safeguard the amenity of the future occupants of the proposed accommodation hereby approved. 9. To protect the amenities of the occupiers of nearby properties. 10. To protect the amenities of the occupiers of nearby properties. 11. To ensure that adequate visibility is provided at the proposed point of access to the highway. 12. In the interests of highway safety. 13. In the interests of highway safety. 14. In the interests of highway safety. 15. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 16. To protect trees which are of significant amenity value to the area. 17. To protect trees which are of significant amenity value to the area. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 20. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 21. To ensure that the works on the site properly take account of the future health of the trees. 22. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

NOTE(S) TO APPLICANT

Due to the potential for contamination issues as a result of historical industrial use of the land covering the site and surrounding area, should any made ground and/or contaminated be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Contaminated Land Officer immediately. The applicant is advised to contact the Council's Environmental Protection section on 01978 315733 for further guidance.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

You must comply with your duties in section 71ZB (notification of initiation of development and display of notice: Wales) of the Town and Country Planning Act 1990. The duties in that section include the following:

* Notice of initiation of development Before beginning any development to which this planning permission relates, notice must be given to the Local Planning Authority in the form set out in Schedule 5A to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 or in a form substantially to the like effect. The forms set out the details that must be given to the Local Planning Authority to comply with this duty.

* Display of notice The person carrying out development to which this planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a notice of this planning permission in the form set out in Schedule 5B of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 or in a form substantially to the like effect. The form sets out the details that the person carrying out development must display to comply with this duty.

The person carrying out development must ensure that the notice is: a) Firmly affixed and displayed in a prominent place at or near the place where the development is being carried out; b) Legible and easily visible to the public without having to enter the site; and c) Printed on durable material. The person carrying out development should take reasonable steps to protect the notice (against it being removed, obscured or defaced) and, if need be, replace it.

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

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.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:

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

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

Applicants are advised that compliance with condition no. 10 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.

Further advice on compliance with Condition No. 20 may be obtained by contacting the Council's Environmental Protection Section on Wrexham 297041.

The scheme of arboricultural supervision required in connection with condition no. 20 above shall make provision for a pre-commencement site meeting between the Local Planning Authority's Arboriculturist, the Developer/ Applicant/ Agent and their appointed Arboricultural Supervisor to agree matters of detail. It shall specify the frequency of arboricultural monitoring and reporting to the Local Planning Authority on the status of all tree protection measures throughout the course of the development and make provision for the submission and approval of a satisfactory arboricultural completion statement ______

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0153 60 HILLOCK LANE GRESFORD 23/02/2017 WREXHAM LL12 8YL COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: KH EXTENSIONS AND ALTERATIONS TO EXISTING BUNGALOW TO WARD: CREATE TWO STOREY DWELLING AGENT NAME: Gresford East & West JBH PROPERTY APPLICANT(S) NAME: CONSULTING LTD MR PAUL MCEVOY MR PAUL MCEVOY JBH PROPERTY CONSULTING LTD

______P/2017/0153 THE SITE

SITE

Single-storey bungalow located off the southern side of Hillock Lane with residential properties to the east and west. Access is directly on to Hillock Lane.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

PROPOSAL

Extensions and alterations to existing bungalow to create two-storey dwelling.

HISTORY

None.

DEVELOPMENT PLAN

Within the settlement limit for Gresford / Marford. Policies PS1, PS2 and GDP1 refer.

CONSULTATIONS

Community Council: No observations. Local Member: Notified 27.02.2017. Neighbours: One letter of objection received:- • Gable elevations will increase in height by 2.7 metres • Close to boundary • Conservatory over-shadowed • Loss of privacy • Detrimental to their amenity • Overbearing Site Notice: Expired 28.03.2017.

SPECIAL CONSIDERATIONS

Proposal: The property is currently a single storey property with the proposal to provide a dormer style property to give an additional floor. Whilst the proposed property will be marginally higher than nearby properties, the existing properties are predominantly 2 storey to the east and west.

Visual Impact: The property will be viewed in the context of nearby existing properties on Kathen Court to the east and (closest two storey) and two-storey properties to the north and North West. Whilst the application property increases its height by 2.7 metres the property will be viewed in relation to properties of similar height. I would not envisage any significant impact on the street scene, with the property set back a significant distance and elevated. The proposed elevations of the proposal are shown below.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

Proposed elevations

Highways: The proposal increases the number of bedrooms to 5, but I am satisfied that with a requirement of 4 parking spaces adequate parking and turning can be provided on site.

Residential Amenity: I have received an objection from one of the closest neighbours on the basis that the gable elevation will increase the height by 2.7 metres and the gable moving closer to the boundary will impact on their conservatory to the rear of the property in terms of overshadowing and being over bearing whilst a proposed first floor window on the front will overlook their windows. Whilst I am appreciative of the concerns, I am conscious the existing gable elevation will already impact on the conservatory to a lesser extent whilst an existing hedge also impacts on light.

The windows overlooking the property and having a direct impact on privacy, can be conditioned to ensure they are obscurely glazed to ensure privacy.

I am satisfied that with regards to other adjacent properties, separate distances, intervening screening and the orientation of the properties will ensure no loss of amenity.

I am satisfied that there will be no significant impact on amenity.

Conclusion: I am satisfied the proposal is acceptable in terms of the visual impact and the impact of the adjoining property to the east and other nearby properties. Adequate parking can be provided for the increase in bedrooms.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

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. Details of a scheme of measures to protect the privacy of the adjoining two-storey properties to the east from use of bedroom annotated B and the bathroom annotated C on the approved proposed first floor. The scheme as approved shall be provided prior to the first use of the rooms and retained in perpetuity thereafter. 4. The two circular windows indicated on the proposed gable elevation shall be obscurely glazed prior to occupation of the associated rooms and retained thereafter in perpetuity. 5. No part of the development shall commence until further details of the proposed vehicular parking and turning facilities have been submitted to and approved in writing by the Local Planning Authority. The facilities as are approved shall be fully laid out, surfaced and drained prior to first use of the development, and shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 6. With the exception of these shown on the approved plans and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted into the roof or any elevation of the extension. 7. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered JH 2028 06, JH 2028 07, JH 2028 05 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. In the interests of nearby residential amenity. 4. In the interests of nearby residential amenity. 5. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. To protect the amenities of the occupiers of nearby properties. 7. To define the scope of the planning permission ______

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0270 LAND OFF AND EAST OF 03/04/2017 ELLESMERE LANE PENLEY WREXHAM COMMUNITY: LL13 0LP CASE OFFICER: South SEH DESCRIPTION: OUTLINE APPLICATION FOR WARD: RESIDENTIAL DEVELOPMENT OF AGENT NAME: Overton UP TO 5 DWELLINGS WITH ALL DAVID PARKER MATTERS RESERVED PLANNING ASSOCIATES APPLICANT(S) NAME: MR DAVID PARKER MESSERS P & J GOULDING

______

THE SITE

Development of 9 houses currently under construction

Application Site

PROPOSAL

As above

HISTORY

P/2007/1408 Erection of 3 dwellings – Application Withdrawn 6/17032 Residential Development – Refused on 11/09/1989 Appeal Dismissed

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

DEVELOPMENT PLAN

Brownfield land, outside settlement limit and within a Special Landscape Area (SLA). Policies PS1, PS2, PS3, PS4, GDP1, GDP2, EC2, EC4, EC5, EC6, EC13, H5, T8 and T9 of the Wrexham UDP are relevant. Local Planning Guidance Notes Nos. 16 – Parking Standards, 17 - Trees and Development, 21 – Space around Dwellings, and 32 – Biodiversity and Development are also relevant.

CONSULTATIONS

Community Council: No objections to this development, provided that the advice offered by the Service Manager for the Environment concerning street lighting, footpaths and visibility splay are adhered to. Local Member: Notified 23/06/2017 Highways: No objection subject to recommended conditions (see special considerations section below). Public Protection: No objection subject to the imposition of a condition to restrict hours of construction works, and advisory notes in relation to dust management. Education: Contributions to schools are not required. Welsh Water: No objection subject to the imposition of a condition securing a comprehensive drainage scheme for the site. NRW: No objection. Site Notice: Expired 27/04/2017 Press Notice: Expired 29/04/2017 Neighbours: 1 letter of objection signed by 25 individuals, 1 online objection and 1 online support: • Housing land shortfall should be met where it is most needed where supporting services can be most efficiently provided; Wrexham is the logical choice; • This site is in an unsuitable location and its development would be detrimental to the economy and the proper planning of the Borough; • The need to increase the housing land supply does not override the need to consider all other planning constraints and material considerations; • Planning permission should not be granted just because it contributes to the land supply; • Penley has already had its fair share of new development; • There are brownfield sites within Penley better suited to development of this kind; • Planning permission has already been refused, and an Appeal dismissed, for the

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 residential development of this site on this site. The Council should not now bow to pressure to development the site on an ad hoc basis; • Policy H5 (Housing in the countryside). The development does not accord with these circumstances; • Policy PS1 (Settlement Limits). This site is patently outside the carefully thought out settlement limits of the village; • Policy PS2 and EC5 (Development and the environment, Special Landscape Area). Development of this greenfield site would materially and detrimentally affect countryside, landscape character, open space and the quality of the natural environment; • Policy PS4 (Settlement pattern). This development would not maintain the existing settlement pattern and character, and would not help reduce the overall need to travel. Many of the new residents would be likely to travel by car to distant places of employment; • Policy T8 (Parking, transport). The Number 146 bus service is not hourly throughout the whole day and does not operate in the evenings and on Sundays; • Policy GDP1 (Development objectives). Built development here would not accord with the open character of the site and would not make a positive contribution to the appearance of the locality; • Policy GDP2 (Capacity of infrastructure and community facilities). There is no need for further housing development here to support community facilities. More than 100 new dwellings have been built in the village in recent years, and both primary and secondary schools are believed to be at or beyond capacity. Unlike some rural villages Penley is NOT threatened by a loss of population; • The site provides a wildlife corridor and makes a contribution to the Special Landscape Area; • The unsightly confiner trees should be removed from the site; • The houses should follow the pattern of those on Ellesmere lane and provide rear gardens so that children have a secure place to play; • Houses should face the highway and have individual driveways;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 • The site should be considered as brownfield because it has old and dilapidated buildings on it.

SPECIAL CONSIDERATIONS

Background: Proposed is the residential development of a brownfield site, outside of the settlement limit and within an SLA. The proposal is in outline with all other matters reserved for further approval. The main issues to consider relate to the impact of the proposed erection of up to 5 houses on the openness of the countryside, the character and visual amenities of the SLA, accessibility to services, ecology and highway safety.

Policy: UDP Policy PS1 directs new residential development to within settlement limits. The proposed residential development of the site is therefore contrary to this policy. In addition, the proposals do not accord with any of the circumstances set out in policy H5 that permit small scale residential development on sites outside of settlement limits (rural exception site, infilling and agricultural workers dwellings). Ordinarily I would recommend that planning permission be refused for proposals that represent a departure from these UDP policies. However, the Council is only required to determine planning applications in accordance with an adopted development plan unless material considerations indicate otherwise. Further, applications should also be considered in relation to up to date national policies.

Housing Land Supply Planning Policy Wales (para 9.2.3) requires Local Planning Authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land, judged against the general objectives and the scale and location of development provided for in the development plan. There is also a statutory requirement to demonstrate a 5 year supply of housing on adoption of the Wrexham Local Development Plan LDP (para 6.2 TAN 1, 2015).

The emerging LDP will need to make provision for around 8,460 new homes (including a 10% contingency allowance) to meet the housing needs of the County Borough over the 2013-2028 period. Taking into account existing deliverable housing supply this equates to a requirement for sufficient land to be brought forward for around 4,000 houses to be built. However, given the recent changes to TAN1 the authority are now deemed to have a zero land supply as a result of the UDP having expired and not having an adopted LDP in place. The housing land supply figure (zero) should be treated as a material consideration in determining planning applications for housing and given considerable weight (TAN1 - paragraph 5.1).

Local Planning Authorities are required to include a statement in the JHLAS study outlining the measures it is taking to address the shortfall in housing land supply. In paragraph 3.2 of the 2016 Housing Land Monitor Statement, the Council will continue to take a pro-active stance in supporting appropriate

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 growth in the County Borough where it meets policy objectives and identified local needs. It is important to understand that this is not just about increasing housing numbers, but to promote sustained growth in the right location which meets the needs of the local communities. Therefore each site that comes forward will be considered on its merits with the principle considerations focusing on whether the site meets all the other planning considerations and represents a sustainable form of development.

Sustainable Development Planning Policy Wales includes a presumption in favour of sustainable development. The development of the site would broadly accord with this presumption as it is in a sustainable location on the edge of the settlement limit of Penley. Further, the development would accord with PPW para 4.7.8 which states that development in the countryside should be located within and adjoining settlements where it can best be accommodated in terms of infrastructure, access, and habitat and landscape conservation.

Paragraph 9.2.9 of PPW (to be read in conjunction with paragraph 9.2.8), indicates that a search sequence should be followed by local planning authorities when identifying sites to be allocated for housing. Whilst this doesn’t strictly apply to the consideration of planning applications, it nonetheless provides useful guidance. The proposal does not entirely comply with the guidance set out in paragraphs 9.2.8 and 9.2.9 since it is not within existing settlement limits. However, in terms of being a brownfield site located within a sustainable location with accessibility to employment, shops, church, schools etc. the site is within easy access on foot. The proposal complies with the objectives for sustainable development set out in paragraph 4.4.3 of PPW – particularly locating developments so as to minimise the demand for travel, especially by private car.

Deliverability For sites to contribute towards the 5 year housing land supply, sites must be free, or readily freed, from planning, physical and ownership constraints, and economically feasible for development. I am not aware of any such constraints and have no reason to believe that the development would be unviable.

Summary Despite the fact that the proposal does not fully comply with policies H5 and PS1, given the sustainable location of the development and its edge of settlement location, I accept that its small scale development for residential use in principle would not cause any detrimental harm to the countryside. This is particularly in comparison to the adjacent development currently under construction to which this would represent a minor logical extension which follows on from the existing pattern of development. The development is therefore in compliance with Policy PS3 and PS4 of the UDP.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Site Layout and Design: The application site is located to the south of the main Village and falls just outside of the settlement limit boundary for the area. This section of Ellesmere Lane has a semi-rural character. Outside of the settlement limit housing is predominantly, but not exclusively, contained to the western side of the road which forms a linear extension to the main settlement towards the satellite settlement of Hillcrest, Oak Drive and Tudor Drive to the south west. The application site is located directly opposite existing residential development with the layout proposed reflecting the linear layout of the existing dwellings and forming an extension of the adjacent building line to the north. As touched upon above, 9 dwellings are currently under construction adjacent to the proposed development site, and this proposal would extend the built development in the same pattern within the remaining gap between the construction site and the existing two cottages. It is these two cottages that form the visual stop for the built development on this side of Ellesmere lane, and the residential development of this site would not represent a visual intrusion into the SLA.

There is no particular strong or distinct architectural character to the existing properties on Ellesmere Lane with most buildings characteristic of their age of construction. Building types also vary and there is a mixture of detached, semi-detached and two-storey dwellings. The indicative layout of the proposed development has again reflected this building variety and would not be out of character with the general built form of Ellesmere Lane.

The site is bounded by large (mainly conifer) trees which are of poor quality and which are detrimental to the character and appearance of the locality. It is proposed that all of these trees are removed and replaced with a native hedgerow and new tree planting around the perimeter of the site. This is in the interests of preserving the character and appearance of the site and maintaining its semi-rural appearance, and will also ease the integration of the new development into its surroundings.

The site layout plan demonstrates that the site can accommodate the 5 no. dwellings proposed whilst providing private gardens and off street parking. The houses have been carefully sited to ensure that the development does not turn its back on the highway fronting the site. The dwellings face the highways in order to provide active frontages in the interests of the visual amenities of the area and the development would accord with Policies PS2, EC5 and GDP1 of the UDP. As the application is only made in Outline, detailed matters such as scale, appearance and landscaping with be properly considered at Reserved Matters application stage.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

Figure 1. Indicative site layout

Residential Amenity: There would be no issues of significant overlooking or loss of light to the existing nearby dwellings arising from the proposed development. The site layout has been designed to meet the separation distances recommended in LPGN No.21 to ensure that the occupiers of the proposed dwellings will enjoy private outdoor spaces and habitable rooms which will also have the benefit of a good level of natural daylight. These matters will be further considered as part of the reserved matters application should outline permission be granted.

Highways, Access and Parking: The site is located on Ellesmere Lane which is a classified road subject to a 30 mph speed limit. Assuming typical speeds of 30 mph the proposed access should a visibility spays of 2.4 x 56 metres in both directions. Parking provision is in accordance with LPGN No.16. A 2 metre wide footway will be provided along the site frontage to link up with the footway running inside the hedgerow on the adjacent development, and a detailed scheme for these works should be submitted for approval as part of the reserved matters application (to be secured by condition). There is adequate existing footway provision linking Ellesmere Lane to the Village centre and the low level traffic generation associated with 5 new houses is not considered to have any significant detrimental impact upon highway safety. The development therefore complies with Policies PS4, GDP1, T8 and T9 of the UDP.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

Ecology: There are no ecological concerns with the development of the site. The loss of the non-native trees will be mitigated through replacement, more appropriate landscaping around the site which will protect its biodiversity value and ensure that the site continues to provide a corridor for wildlife.

Drainage: There are no objections to the scheme from either Welsh Water (WW) or Natural Resources Wales (NRW), or the Council’s senior flood management officer. A comprehensive drainage scheme will be required by planning condition which provides for a scheme of SuDS including on-site soakaways. I have no reason therefore to believe that the surface and foul water cannot be properly managed and the development would therefore comply with Policies GDP1 and EC13.

Other Matters: Representations have been received siting that as planning permission has previously been refused on this site in 1989 (Ref: 6/17032), and an Appeal dismissed, the Council should not bow to pressure to development the site on an ad hoc basis. As already explained above, the Council has a zero housing land supply and there is therefore now a pressing need to provide for housing even where the land is outside of the settlement limits. This wasn’t the case in 1989 and as the development complies with all other relevant planning policies, the negative site history does not justify a refusal of planning permission.

CONCLUSION

Whilst representing a departure from two of the policies of the adopted UDP (PS1 and H5), the development of the site is justified in this instance as contributing to the 5 year land supply whilst at the same time being in a sustainable location and providing an acceptable form of development. The current proposal would not be to the detriment of the visual or residential amenities of the area or have an adverse impact upon highway safety. The residential development of the site would comply with all other relevant planning polices including GDP1, GDP2, EC4, EC5, T8, T9, PS2, PS3 and PS4 which seek to ensure that development does not harm the appearance of area, that it positively contributes to the appearance of the nearby locality, and is within in a sustainable location which safeguards the amenity of settlement limits against large scale extensions.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. This permission shall provide for a maximum of 5 no. dwellings. 5. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 6. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 5. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 7. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 8. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 9. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented. 10. As part the reserved matters application, a scheme detailing the construction of a 2 meter wide footway across the frontage of the site and linking in with the existing footways on Ellesmere Lane, shall be submitted to

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 and approved in writing by the Local Planning Authority. The scheme as is approved shall be fully implemented prior to first use of the development.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure that a high standard of design is achieved for the site. 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. To ensure satisfactory drainage of the site and to avoid flooding. 7. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 8. To protect the amenities of the occupiers of nearby properties. 9. In the interests of highway safety. 10. In the interests of highway safety.

NOTE(S) TO APPLICANT

You must comply with your duties in section 71ZB (notification of initiation of development and display of notice: Wales) of the Town and Country Planning Act 1990. The duties in that section include the following:

* Notice of initiation of development Before beginning any development to which this planning permission relates, notice must be given to the Local Planning Authority in the form set out in Schedule 5A to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 or in a form substantially to the like effect. The forms set out the details that must be given to the Local Planning Authority to comply with this duty.

* Display of notice The person carrying out development to which this planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a notice of this planning permission in the form set out in Schedule 5B of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 or in a form substantially to the like effect. The form sets out the details that the person carrying out development must display to comply with this duty.

The person carrying out development must ensure that the notice is: a) Firmly affixed and displayed in a prominent place at or near the place where the development is being carried out; b) Legible and easily visible to the public without having to enter the site;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 and c) Printed on durable material. The person carrying out development should take reasonable steps to protect the notice (against it being removed, obscured or defaced) and, if need be, replace it.

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.

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

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

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

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0300 LAND SOUTH OF NOS 3 AND 4 14/04/2017 CASTLETOWN ROAD MOSS WREXHAM COMMUNITY: LL11 6DW CASE OFFICER: Broughton SEH DESCRIPTION: ERECTION OF 1 NO. DWELLING WARD: AND CONSTRUCTION OF NEW AGENT NAME: Bryn VEHICULAR AND PEDESTRIAN REAL PLANNING ACCESS MR GERRY KELLETT

APPLICANT(S) NAME: MR KEN MILLS

______

THE SITE

PROPOSAL

As above

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RELEVANT HISTORY

P/2013/0075 Erection of dwelling and formation of vehicular access - Withdrawn 13/03/2013 P/2013/0277 Erection of dwelling and formation of vehicular access - Withdrawn 29/11/2013

DEVELOPMENT PLAN

Within settlement limit. Policies PS1, PS2, H2, EC4, T8 and GDP1 are relevant, together with Local Planning Guidance Notes Nos. 16 ‘Parking’, 17 ‘Trees and Development’ and 21 ‘Space around Dwellings’.

CONSULTATIONS

Community Council: Objects: • difficulty re vehicle access; • visibility issues re the road junction; • the need for a footpath for pedestrians. Local Member: Notified 15/05/2017 Highways: No objection subject to recommended conditions (see special considerations below). PRoW: This development is adjacent to Broughton Public footpath 19. It would appear that large earthworks are required as part of the development and we would require an assurance/safeguard that the structural integrity of the bank over which the footpath runs is maintained. The developer would also need to ensure the safety of users during construction works, and if a temporary closure of the path is required for these works, the Rights of Way section should be contacted to arrange a temporary traffic regulation order (see conditions and advisory notes) Public Protection: Recommend conditions regarding construction noise. NRW: No objections. The land adjacent to the site is subject to a tree Re-stocking Notice. Welsh Water: Recommend conditions. Site Notice: Expired 09/5/2017 Neighbours: 3 objections received raising the following matters: • highway safety concerns; • the road is busy and cannot cater for the associated additional traffic movements; • the development will make highway problems, such as difficulty for cars to pass on the road, worse; • the junction with Westminster road is poor and its use should not be increased;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 • construction traffic will park on the highway causing an obstruction; • It is difficult to manoeuvre on Castletown Road; • the properties next door are vacant so a new house is not needed; • development should not affect the nearby footpath; • Nos.3 & 4 Castletown Road are currently empty, but when they are in use the occupants normally parking in front of the application site. Once the new access is put in, they won’t be able to park there and so the development would lead to a loss of parking for the existing houses.

SPECIAL CONSIDERATIONS

Background: This is a full application for the erection of 1 no. dwelling and associated new vehicular access off Castletown Road. The site is within the settlement limit where, in accordance with UDP Policy H2, residential development is acceptable in principle.

Two applications were submitted in 2013 (see Relevant History above) and it was recommended that planning permission was refused both times. These applications were both formally withdrawn before a decision was made. The reason that these applications were considered to be unacceptable was due to the proximity of a large number of mature trees on land adjacent to the site. These trees caused significant shading of the site to an extent that the occupants of the proposed dwelling would have suffered from a significant lack of daylight to external and internal areas of the development.

Since these applications were withdrawn, the Applicant has taken ownership of the adjacent land and removed all of the trees that were shading the site and the application site is now free from any tree constraints. However, the Applicant did not obtain the necessary licence from NRW to fell these trees and the land adjacent to the application site is now the subject of a tree Re- stocking Notice to replace the planting. The main issues to consider therefore relate to the impact of the development on highway safety, upon local residential amenity and the impact that the re-stocking of the trees on the land adjacent to the site will have on the residential amenities of the future occupiers of the new dwelling.

Design and Residential Amenity: The site is considered large enough to accommodate the dwelling proposed together with private outdoor space of adequate size. The dwelling is of simple design and materials of construction common to the area are proposed. The dwelling is set in line with the existing built development and will maintain a cohesive street frontage, and the built development would not be detrimental to the visual amenities of the area. Having considered also the properties around the site, the proposed

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 development is in accordance with the Council’s separation distances and guidance on ‘Space around Dwellings’. As such no loss of light or privacy would occur to existing properties.

Highways: The proposed development site is located on Castletown Road, which is a classified highway subject to a 30mph speed limit although due to the geometry of the road actual speeds are considered to be less. Adequate visibility is achievable at the proposed access which involves keeping the front boundary walls below 1 metre in height. Adequate off road parking and turning facilities have been provided within the site and there are no objections to the scheme.

The loss of parking along the frontage of the site is not a relevant consideration as there is no lawful right to park on the highway. However, it is proposed to widen this stretch of Castletown Road to allow the simultaneous passage of vehicles and enhance the free flow of traffic, and some on-street parking will still be possible along the site frontage (please see figure 1. below)

Figure 1. Site Layout Plan

A geotechnical report is required to assess the stability of the bank slopes and footpath (Broughton Public footpath 19) and any proposed structures. The report should include measures to safeguard the structural integrity of the bank slopes during structural works. This will be secured by planning condition.

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Trees: As previously mentioned above, the adjacent site is the subject of a Re-stocking Notice (issued by NRW) following the unlicensed tree felling. The Notice requires the Applicant to plant 77 no. broadleaf trees such as oak, birch and rowan. This can include up to 15 no. smaller woody shrub species such as crab apple, hawthorn, elder and / or hazel, using not less than 1100 plants per hectare stocking density, evenly distributed across the site. There is therefore the potential for the tree constraints to be re-introduced by virtue of the shading of the application site once the newly planted trees reach maturity.

The Applicant has submitted a planting scheme showing the tallest trees being furthest away from the development, with the smaller woody shrub planting nearest to the site boundary. NRW has confirmed that the tree re- stocking scheme as proposed is acceptable. In addition, the Council’s arboricultural officer has considered the scheme and confirmed that the re- stocking of the land will not detrimentally impact upon the development once the trees have matured and there are no remaining concerns in relation to the potential shading of the application site.

Conclusion: The proposed dwelling is acceptable in terms of scale and design, and adequate onsite parking has been provided together with safe and satisfactory vehicular and pedestrian access. There would be no significant detrimental impact upon the residential amenities of the existing or future occupiers of the development and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered PD134/02, PD134/03, PD134/04 and contained within the application documentation. 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 unless the prior written approval of the Local Planning Authority has been obtained. 4. 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. 5. Prior to their use on the development samples of all external roofing and facing materials, including the brick for the retaining and boundary walls 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.

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6. The vehicular parking and turning areas as shown on approved drawing(s) No(s). PD134/04 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 7. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. PD134/04. 8. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 33 metres to the North and 2.4 metres x 25 to the South 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. 9. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 10. 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. 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 use of the development. 12. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 13. The development shall be carried out in strict accordance with the findings and recommendations contained within the Extended Phase One Survey Plan as carried out by Ecological Design Consultants, dated 11 April 2017, submitted and approved as part of this application. 14. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed road widening, and 2) A full geotechnical report which included an investigation and an assessment of the stability of the slopes and structures to be constructed within the site, including measures to protect the structural integrity of the public footpath throughout the construction phase. The scheme shall be fully implemented prior to first use of the development and carried out in strict accordance these details are approved. 15. The vehicular access hereby approved shall be a minimum width of 4.8 metres. 16. The landscaping scheme approved as part of this application shall be fully implemented in strict accordance with approved drawing no. PD134/04 within three months of the first use of the development with the exception of

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 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. 17. The land outlined in red on drawing no. 17/AIA/WXM/108 01 shall only be planted in accordance with the scheme as is approved. No other trees, shrubs or vegetation of any kind shall be planted on the land. 18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no further development shall take place under Classes A, B, C, E and F of Schedule 2 Part 1, other than the development hereby granted permission.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. To protect the amenities of the occupiers of nearby properties. 4. 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. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 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 ensure that adequate visibility is provided at the proposed point of access to the highway. 9. 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. 10. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 11. In the interests of highway safety. 12. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system. 13. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 14. In the interests of highway safety. 15. To ensure the formation of a safe and satisfactory access. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To protect the amenities of the future occupiers of the development 18. 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.

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NOTE(S) TO APPLICANT

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.

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

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

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

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

The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property.

This development is adjacent to Broughton Public footpath 19. It would appear that large earthworks are required as part of the development and we would require an assurance/safeguard that the structural integrity of the bank over which the footpath runs is maintained. The developer would also need to ensure the safety of users during construction works, and if a temporary

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 closure of the path is required for these works, the Rights of Way section should be contacted to arrange a temporary traffic regulation order. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0415 LAND TO THE REAR OF 22 BRYN 19/05/2017 ESTYN ROAD WREXHAM LL13 9NB COMMUNITY: CASE OFFICER: DESCRIPTION: MP ERECTION OF 3 NO. DWELLINGS - 1 NO PAIR OF SEMI-DETACHED AND WARD: 1 NO. DETACHED WITH AGENT NAME: Cartrefle ASSOCIATED GARAGES PARKING BLUEPRINT LTD AND ACCESS ARRANGEMENT MR DAFYDD EDWARDS

APPLICANT(S) NAME: MR COPELAND

______

SITE

Application site

Proposed site access

PROPOSAL

As above

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HISTORY

P/2012/0576 OUTLINE APPLICATION FOR ERECTION OF 1 NO. DETACHED DWELLING WITH ASSOCIATED GARAGE AND ALTERATIONS TO EXISTING ACCESS. Refused 16.11.2012. Allowed on appeal 16.7.2013

P/2016/0461 DEMOLITION OF EXISTING DWELLING, OUTLINE PLANNING APPLICATION FOR RESIDENTIAL DEVELOPMENT (UP TO 4 NO. DWELLINGS) AND CONSTRUCTION OF NEW ACCESS Refused 22.8.2016

P/2017/0145 ERECTION OF 3 NO DETACHED DWELLINGS WITH ASSOCIATED GARAGES, PARKING AND ACCESS. Withdrawn.

PLANNING POLICY

Within settlement limit. Policies GDP1, GDP2, EC4, EC6, H2 and T8 apply.

CONSULTATIONS

Community Council: As with the previous withdrawn application, they are still concerned over the proposed access to the site via Thornleigh and would object to an intensification of use of the junction from Thornleigh to Cefn Road given the location of the day nursery and the geometry of Cefn Road at this point Local Member: Notified 22.5.17 Ian Lucas MP: My understanding is that the previous application was withdrawn. On the face of it I cannot see what the actual difference is between the new application and the previous application. My understanding from my constituents is that the new application officially has two and a half floors as opposed to three floors in the previous application. It does however appear that the properties are in fact the same height; Secondly despite the changes the design of the of the properties the same issues relating to access still apply. The access through Thornleigh is very narrow and there are profound and understandable objections by residents there. In addition concerns relating to parking also still exist.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Highways: Have made the following comments: - The development is located off Thornleigh, and unclassified residential road subject to a 30mph speed limit; - Visibility at the existing Thornleigh/Cefn Road junction is adequate; - It is proposed to construct 3 additional dwellings off the existing private driveway at the north end of the estate. The existing shared private driveway already serves 3 no. dwellings. The existing private driveway is typically 4.5m wide, which is considered adequate to facilitate passage of 2 no. vehicles. I would recommend that any extension to the existing driveway is maintained at a minimum width of 4.5m; - The proposed turning head is considered adequate; - Parking provision for each dwelling shall comply with LPG16. I would suggest maximum provision is provided for each dwelling in this location. Plot 2 only appears to have 2 spaces which may result in parking in the turning head; - Plot 4 does not have 6m clearance behind the driveway for manoeuvring. This is likely to result in vehicles having to cut across the front lawns and possibly the lawned area opposite the dwelling; - I assume that an appropriate legal agreement will be required between the existing owners of the shared driveway to allow any potential occupiers of the new dwellings to use the existing shared driveway. However I assume that future maintenance of the unadopted road will be managed by a private management company. - Conditions recommended; Public Protection: Conditions recommended NRW: No comments. You may wish to consult your ecologist to determine whether a protected species survey is required; Welsh Water: Recommend drainage conditions. Flood Officer: The site is identified as being at risk of surface water flooding during the 0.1% (1 in 1000 yr) rainfall event on NRWs surface water flood map. We hold no reported incidents of flooding affecting the site.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 As the development site is lower lying than surrounding land, the fact that the site is identified as being at risk of surface water flooding is not surprising. I would recommend that the applicant consider the use of flood resistant and resilient construction techniques be incorporated into the design to minimise the impact on any future surface water flood event. Education: Consulted 14.6.17 Site Notice: Expired 22.6.17 Neighbours: The owners/occupiers of 12 neighbouring properties notified 1.6.2017. 10 objections received expressed the following concerns; - Overlooking/loss of privacy; - Over dominance; - Proximity of proposed housing; - Drainage/flooding. - Site is waterlogged for most of the year. There is an infilled pond on the site; - Does nothing to improve the existing character of the area; - Harm to the character of the area – 3 storey 4 bedroom dwellings not in keeping; - Loss of trees; - Not many trees will be replanted; - Increase in traffic; - Construction traffic, including how it will access the site; - Contactor parking; - Adverse impact upon peaceful quality of life/area; - Impact upon endangered/protected species such as bats nesting birds, newts and badgers; - Bats witnesses flying around the Bryn Estyn Lane area; - Destabilise/cause subsistence for adjacent properties; - Construction noise; - Traffic noise; - Pollution from vehicles; - Additional pressure on existing services and infrastructure; - The houses are not affordable homes and do not meet the needs of affordable housing for the people of Wrexham; - Developer plans to build 5 houses; - Pollution from vehicles; - Infilled pond on the site;

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 - Public Protection Service Manage states that the area has an in-filled pond and that the development should not go ahead without proper investigation of the site. Also states that the site may contain some ‘unknown materials’ that may contain contaminant - Welsh Water state no development should commence until a drainage scheme has been submitted and approved; - Width of access road. Potential issues when larger vehicles use the road; - Pedestrian safety – private road is dark and narrow with no pavements; - Residents of 19, 21, 23 and 25 will no longer be able to park outside their homes; - Vehicles will drive over lawns as the private road is narrow; - Bins have to be collected from a designated point on Thornleigh. An increase in bin/boxes will present a hazard; - Bins will block the driveway of no.25 Thornleigh; - Position of proposed garage would not leave access for maintenance; - Boundaries not accurately shown; - Devalue property; - Site is lower – need to be assured boundaries will be supported; - Application does not address how the difference in levels will be dealt with; - 1000m³ of fill needed – 100 wagon loads; - Whether there is a right of way over the private driveway; - Where will utilities enter the site; - Who will be responsible for the landscaped area.

SPECIAL CONSIDERATIONS

Policy: The site lies within the settlement limit. Subject to complying with policy GDP1 in respect of access, siting, design and the impact upon neighbouring properties, the erection of dwellings on the site accords with policy H2 and as such developing the site is acceptable in principle.

Number of dwellings proposed: The submitted plans describe the 3 dwellings proposed as plots 3, 4 and 5. I am aware that in addition to the application site, the applicant also owns no.22 Bryn Estyn Road and is planning to replace the existing dwelling with 2 new dwellings. However no application has yet been received for that site. The granting of permission for the application before Members will not imply that permission is forthcoming

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 for the redevelopment of no.22 nor does it commit the Council in the determination of any application that may subsequently be submitted. The current application must be considered on its own merits with no regard to proposals the applicant may (or indeed may not) bring forward in future.

Design: The proposed site layout plan is included below:

The development will essentially form a continuation of Thornleigh to the south of the site and broadly respects the pattern and density of development within that housing estate.

Two three bedroom semi-detached dwellings and one three bedroom detached dwelling are proposed. The proposed dwellings have 2 full storeys as well as bedroom accommodation in the roof space.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 The proposed front elevations plans are included below:

The external appearance of the dwellings is acceptable and broadly reflective of existing properties in Thornleigh. In addition to the dwellings in Thornleigh, the site is bounded by dwellings of a variety of differing sizes and styles - bungalows in Willow Court as well as the two storey dwellings nos 20 and 22 Bryn Estyn Road.

In order to provide accommodation in the roof space the dwellings will approximately 1.2m higher than dwellings in Thornleigh, although the finished floor level of the proposed semi-detached dwellings will be 0.2m lower than

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 that of 19 Thornleigh and that of the detached dwelling 0.5m lower. Even disregarding the differences in floor levels, the proposed dwellings are not

significantly larger/higher than dwellings in Thornleigh and they will not be unduly prominent or detract from the appearance of the immediate locality.

The proposed plans show a grassed area to the south of the private driveway serving the dwellings. The future management of this has been questioned. Responsibility for the maintenance of that part of the site would fall to the developers and/or future occupiers.

Amenity: The development accords with LPG21 separation distances to dwellings in Thornleigh and therefore will not adversely impact upon the standard of amenity afforded to the occupiers of those properties by way of significant loss of light, privacy or by being overbearing.

The proposed detached dwelling is in excess of 13 metres from nos 1 and 3 Willow Court and no.20 Bryn Estyn Road and thus is far enough away to not prove overbearing or result in significant loss light. Whilst it is less than 22 metres from those properties, the orientation of it relative to them means it will not give rise to direct overlooking of habitable rooms or to overlooking of rear gardens in excess of that which could normally be expected in a built up area.

The detached dwelling will be nearly 21m from no.22 Bryn Estyn Road but the orientation of the dwelling is such that direct overlooking of habitable windows will not occur. The semi-detached dwellings are 22m away from no.22 Bryn Estyn Road. Due to floor level differences this is 2m less than LPG21 advises however I do not consider the small shortfall will result significantly more overlooking and as such will not compromise the standard of privacy afforded to occupiers of no.22 in this instance.

Overall I am satisfied the layout of the development will not result in the occupiers of neighbouring dwellings suffering unacceptable loss of privacy.

The detached dwelling will have a detached garage that will be just over 10 metres and 8 metres from the rear of no nos 1 and 3 Willow Court respectively. However taking into account its position relative to the rear elevation of those properties, its limited height (2.2m to the eaves and 3.5m to the ridge), that it will be built on lower ground and that there is a fence of approximately 1.8m in height enclosing the rear boundaries of those dwellings, it will not result in significant loss of light or prove overbearing.

I recognise that the development will increase the amount of traffic passing along the private drive that currently serves 19, 21 and 23 Thornleigh. However the level of traffic to/from 3 dwellings is unlikely to be significant and is therefore unlikely to prove unduly disruptive for the occupiers of those dwellings or no.17 Thornleigh, which borders the driveway.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 The private driveway to be constructed within the application site will sit close to the rear boundaries of nos. 15 and 17 Thornleigh and no.3 Willow Court. The development will inevitably result in a greater degree of activity on this part of the site than current takes place. However the boundaries of those properties are enclosed with fences of sufficient height to prevent loss significant overlooking of their gardens areas from vehicles or pedestrians travelling to/from the proposed dwellings. The level of traffic associated with the development is also unlikely to result in levels of noise, disruption or vehicle emissions that will unacceptably prejudice the amenity afforded the occupiers of those properties when using their gardens.

Concern has been expressed about the disruption arising from construction works and associated traffic. It is inevitable that construction works will cause a degree of short term disruption – unfortunately this in an unavoidable part of carrying out any building works. It would normally not be a valid reason for refusal of planning permission. However it would be appropriate to impose a condition requiring the submission and implementation of a construction environment management plan so that issues of site deliveries and working times are considered in order to assist minimising the impacts of those works.

Access and Parking: The site will be accessed via a private driveway fronting nos. 19, 21 and 23 Thornleigh. Highways have confirmed that the driveway is wide enough to allow for two cars to pass. I note the concerns expressed that larger vehicles using the driveway would not be able to pass, however other than during construction it is unlikely that there will be a requirement for frequent use of the driveway by larger vehicle with most traffic to/from the site being associated with the occupation of the dwellings only.

The driveway will be used by both vehicles and pedestrians but given that it will provide access to 6 dwellings (i.e 3 existing plus 3 proposed) the amount of vehicular traffic using it will be relatively low. The use of private driveways such as this to serve similar numbers of dwellings is common throughout the County Borough and I am unaware of it posing significant risk to pedestrians. That the private driveway proposed for the development itself is also acceptable in terms of width and layout.

I note concerns about additional traffic, however 3 dwellings will not significantly increase the number of movements within Thornleigh or on the wider local highway network. Visibility from Thornleigh onto Cefn Road is acceptable therefore the modest increase in traffic using that junction as a result of the development will not prejudice highway safety. The traffic associated with the development will also not cause a significant increase in congestion on the local highway network.

The applicants do not own the private driveway serving no. 19,21 and 23 Thornleigh although part of it is included within the application site. It is currently owned by the developers of Thornleigh. Occupiers of dwellings in Thornleigh have questioned whether there is a right of access the application site via the private driveway.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 There is no requirement for an applicant to own land in order to apply for permission to develop it, although the implementation of a planning permission is dependent upon the agreement of the relevant landowner(s).

The fact that the applicants do not own all of the land subject to the planning application is not a valid reason for refusal. It is a private matter for the applicants to reach an agreement with the owners of the private driveway in order to carry out any works to it and/or for the right to use it to access the dwellings.

There is no satisfactory way to access the site other than via Thornleigh. One of the reasons for the refusal of a previous application (P/2016/0461) was that the 4 dwellings proposed were to be served by an access with inadequate visibility onto Bryn Estyn Road. Conditions will therefore be imposed to prevent any means of access to the development other than via the proposed access onto Thornleigh, both during construction and once the development is completed.

I note Highways comments about parking provision and the space needed behind the driveway of one plot to facilitate manoeuvring out of a driveway. A revised plan has been submitted that addressed both matters. The two semi- detached dwellings will have a driveway capable of accommodating 3 cars whilst the detached dwelling will have a driveway capable of accommodating 2. An additional space will also be provided directly opposite it. In total 9 parking spaces will therefore be provided. This accords with the LPG16 maximum of 3 spaces per each 3 bedroom dwelling. As such there is no reason why the development should give rise to parking problems elsewhere in Thornleigh.

The development will not prevent the occupiers of 19, 21, 23 and 25 being able to park. Each of those dwellings has a driveway that is unaffected by the development.

Trees: The application is accompanied by an Arboricultural Impact Assessment (AIA) which was produced to support the previous application reference P/2017/0145. It has not been updated to take account of the site layout now proposed however information contained within the AIA has been shown on the plans submitted with this application. I am therefore satisfied that sufficient information has been submitted to access the current proposals.

The development will result in the loss of 6 individual trees and 2 groups of mixed coniferous and deciduous trees, all rated as low quality in the submitted Arboricultural Impact Assessment (AIA). I agree with the rating of these trees and am satisfied that their removal will not be significantly prejudicial to the amenity of the area. Two trees of high and moderate quality will not be significantly affected by the development; however protection measures will be required whilst construction works take place. The submission of an Arboricultural Method Statement will therefore be required by condition.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Ecology: The application is not accompanied by an ecology report. The site does have some local value for biodiversity including common birds, amphibians and invertebrates but it is unlikely that the development will adversely impact upon statutorily protected species and there are no statutory protected sites in the vicinity. Accordingly there are no ecological grounds for refusal of planning permission.

Whilst I am aware that there was an ecology reason for the refusal of application P/2016/0461this was due to the fact that the no.22 Bryn Estyn Road, which would have been demolished under the proposals, had not been surveyed for the presence of bats. No.22 Bryn Estyn Road is unaffected by the proposed development.

Drainage: I note the concerns that a pond once occupied the application site that has subsequently been infilled. The site is identified as being at low risk of surface water flooding on the NRW flood risk maps, although I understand that no incidents of flooding have been recorded. Subject to the implementation of a surface water drainage scheme, in my opinion the proposals will not be unduly at risk of flooding nor will they give rise to an unacceptable increase in risk of off-site surface water flooding. A drainage scheme will be required by condition.

Welsh Water has not identified any concerns about the capacity of the local foul drainage network to cope with the additional demand associated with the development.

Local infrastructure: A development of this size is unlikely to put significant pressure on local infrastructure.

Education have been consulted due to the fact that the applicant appears likely to being forward a development of 2 dwellings for the site of no.22 Bryn Estyn Road – which would cumulatively mean a net increase of 4 dwellings. I have not had a response therefore I can only assume that there will be sufficient school capacity to cater for 4 new dwellings should the applicants subsequently bring forward proposals for no.22 Bryn Estyn Road.

Other Matters: An assessment of the material used to fill the former pond on the site will need to be assessed for contamination. If contaminated material is identified, a remediation scheme will need to be implemented. This is a matter that can be dealt with by condition.

UDP policy H7 only requires an element of affordable housing to be provided as part of developments of 25 or more dwellings. As such it is not applicable to this development.

Representations have been received questioning the accuracy of the site boundary (i.e. land not owned by the applicants is included within the application), however plans have been submitted to me by the applicants that appear to demonstrate that other than the part of the existing private drive

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 serving Thornleigh (as discussed above) the remainder of application site and ownership boundaries are consistent.

A neighbouring occupier is concerned that the proposed detached garage may not allow sufficient room for maintenance. There is no UDP policy that requires buildings to be erected a specific distance from boundaries with neighbouring properties. The granting of planning permission does not confer any right to access adjacent land to carry out maintenance. This is a private matter for the future occupiers of the development to discuss with their neighbours if necessary.

It will be for the developers to ensure that construction works do not cause damage to neighbouring properties.

It will be for future occupiers to ensure that they place their bins on Thornleigh for collection in a position/manner that does not present a hazard and/or block the driveways of neighbouring properties. This is a mater outside of the scope of planning control.

CONCLUSION

The proposed development is acceptable in terms of layout, design and access and will not result in unacceptable impacts upon the standard of amenity afforded to neighbouring occupiers. It therefore 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. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered C077/010 Revision I, C077/012 Revision G, C077/013 Revision A and C077/014 Revision A, and contained within the application documentation. 3. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. 4. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 3 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority. 5. No development shall commence until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for: i. the parking of vehicles of site operatives and visitors; ii. loading and unloading of plant and materials; iii. storage of plant and materials used in constructing the development; iv. measures to control the emission of dust and dirt during demolition and construction; v. hours of working. 6. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 7. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: a) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; b) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; c) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; d) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; e) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; f) Method for protecting retained trees during demolition works; g) Details of all proposed tree works, including felling and pruning. 8. 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. 9. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: a) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; b) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; c) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; d) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; e) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; f) Method for protecting retained trees during demolition works; g) Details of all proposed tree works, including felling and pruning. 10. The dwellings shall not be occupied until the access road to them as shown on approved drawings C077/012 Revision G and C077/014 Revision A has been laid out, surfaced and drained. 11. Each dwelling shall not be occupied until the vehicular parking area(s) for that dwelling, as shown on approved plans C077/012 Revision G and C077/014 Revision A have been laid out, surfaced and drained. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking of vehicles at all times. 12. Notwithstanding the provisions of Class B of Part 2 and Class A of Part 4 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), that shall be no means of vehicular or pedestrian access to the site subject to this permission or to any of the dwellings hereby granted permission other than by the means shown on approved drawings C077/012 Revision G and C077/014. For the avoidance of doubt the site shall only be accessed via Thornleigh whilst construction works are taking place and once the dwellings are occupied.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. In the interests of the amenities of the future occupants of the buildings in light of the fact that part of the land is on a site of a pond in-filled pond with unknown and potentially contaminated materials. 4. In the interests of the amenities of the future occupants of the buildings 5. To protect the amenities of the occupiers of nearby properties. 6. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 7. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 10. To ensure the formation of a safe and satisfactory access. 11. To provide for parking clear of the highway/private driveway in the interests the free flow traffic. 12. In the interests of highway safety.

NOTE(S) TO APPLICANT

The development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0416 KRONOSPAN LTD HOLYHEAD 19/05/2017 ROAD CHIRK WREXHAM LL14 5NT COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: KH REPLACEMENT OF EXISTING WOOD CHIP PREPARATION WARD: FACILITY TO INCLUDE A BUILDING AGENT NAME: Chirk South TO HOUSE NEW WOOD CHIP AXIS PREPARATION EQUIPMENT, MR ANDREW RUSSELL DEVELOPMENT OF A NEW WOOD CHIP DRYER AND ASSOCIATED SIFTING, GRADING AND TRANSFER SYSTEM AND DEMOLITION OF EXISTING STRUCTURES TO FACILITATE THE DEVELOPMENT

APPLICANT(S) NAME: MR KEITH BAKER KRONOSPAN LTD

______P/2017/0416 THE SITE

Zone of proposed alterations

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

The Kronospan site is located on land adjacent to Holyhead Road, Chirk and covers approximately 40 hectares. The site comprises a large number of large industrial process buildings, warehouse buildings, air emission stacks and storage areas for raw materials. The western perimeter of Kronospan is formed by the Shrewsbury to Chester railway with the (World Heritage Site) located to the west of the railway line. The main residential area of Chirk is located east of Holyhead Road with Chirk Town Centre approximately 500m to the south east of the site.

PROPOSAL

As above.

HISTORY (Most Recent)

P/2016/0534 Proposed building extension to store medium density fibre board (MDF) and chipboard. Refused 05.09.2016. P/2016/0442 MDF Wash Water Pre-heater. Granted 23.01.2017. P/2016/0336 Extension of building to house a new melamine facing (MF) press following the demolition / relocation of the existing MF departments ventilation system, hydraulic and diesel storage tanks, a vehicle filling station, garage service building and other associated infrastructure. Refused 05.09.2016. Granted at Appeal – 04.05.2017 (Reference APP/H6955/A/16/3165368). P/2016/0534 Proposed building extension to store medium density fibreboard (MDF) and chipboard. Refused 05.09.2016.

DEVELOPMENT PLAN

Within settlement for Chirk, UDP policies PS1, PS2, GDP1, EC5 and EC7 of the Wrexham UDP refer.

Consideration is also required of the following documents:-

• Planning Policy Wales (Edition 8, January 2016) and TAN 12 Design (2014) • Poncysyllte Aqueduct and Canal World Heritage Site, Local Planning Guidance Note 33 (adopted June 2012)

CONSULTATIONS

Town Council: Consulted 30.05.2017. Local Member: Notified 30.05.2017. Adjoining Local Member: Notified 30.05.2017. Public Protection: No comments.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 Highways: No recommendations, as it is anticipated that the proposal will not increase traffic generation at the site and will not therefore adversely impact on the B5070 Holyhead Road. Natural Resources Wales: Recommend permission should only grant permission subject to a number of planning conditions (6). Welsh Water: Consulted 30.05.2017. CADW: Application area is in close proximity to Scheduled Monument – and Canal and most views are blocked by a deep embankment and existing screening. Development is also seen in the context of existing large scale development. Slight impact on the World Heritage Site and only a slight adverse impact on the Chirk Castle Historic Park and Garden. Canal and River Trust: Have some concerns relating to noise and visual impact of the development and potential for an impact on visual amenity. Recognise it would be seen in the context of existing industrial plant, bulky chimney and large buildings. When viewed from the canal the depth of the cutting and the steeply wooded slopes on the embankment reduce impact. On balance Glandwr Cymru – Canal and River Trust are satisfied the visual impact has been adequately assessed. Also a potential for noise and suitable attenuation measures should be considered. Neighbour: 4 letters of objection on the following grounds:- • Visual impact on an historical area • Dust and poisonous air from the stacks • Emissions and hazardous pollution • Noise pollution Site Notices (10): Expired 21.07.2017.

SPECIAL CONSIDERATIONS

Proposal: The proposed development is part of an on-going improvement programme to deliver environmental improvements on the site and ensure long term economic viability of the manufacturing facility. The first generation technology for current chip preparation on site is outdated and difficult and expensive to maintain and operate in an open environment which potentially can cause problems with dust and noise. This scheme proposed will involve the latest generation chip processing plant in a purpose built insulated building. It will improve the quality of material going in to the particle board and reduce the potential for off-site impact of noise and dust. The wood dryer would also lead to greater efficiency and general environmental protection.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 The proposed development comprises the following key elements:

• Construction of a chip preparation building, for chip storage silos and associated air filtration equipment, • Demolition / removal of the existing pre-production wood chip processing equipment, material storage bunkers and existing sifters, • Construction of a wood chip dryer, • Construction of sifters and an air grader and associated silo, and • Construction of chip transfer blowline and associated hurricyclone.

The proposed development would be located close to the western boundary of the site adjacent to other structures and equipment used in the existing manufacturing process.

Layout and Design: The wood chip preparation building would be located to the west of the RCF / Hacker. Chip silos, 25m in length, 25m in width and 31m in height with the four silos 24m in height and 7m in diameter. The air filtration system would be located adjacent to the building, 11.2m in height. An external enclosed, conveying system would extend to a height of 35m. The proposed dryer would be to the west of the chip preparation building adjacent to the western boundary. The various components of the dryer would be supported by steel structures and not enclosed is a building. The dryer would be up to 68m in length and up to 32m wide and up to a height of 31m, with a typical height in the region of 20m. The stack and emission control system (the WESP) would be located at the northern end of the dryer and 50m in height.

The sifters and air grader and an associated storage silo would be located to the south of the dryer. The silo and air grader would be up to 30m in height. Five sifters would be 10m in height. The blow line would comprise two 2m diameter pipes that would run from the new sifters and air grader to new hurricyclones and existing dry chip silos adjacent to the particle board press building. The two new hurricyclones would have a maximum height of 49.5m.

The colour and materials have been chosen in order to reduce the visual impact of the facility and located close to existing established buildings / structures.

Site Operations: The wood chip preparation buildings would process Recycled Fibre (RCF) wood and virgin wood chip for use in the manufacture of particle board. The processes undertaken are the same as those currently carried out on site but the proposed development would enable the processes to be undertaken within an enclosed building which benefits from noise insulation and air filter units.

The RFC processed at the facility would have already been subject to a screening process undertaken with the newly constructed RCF delivery system and grading plant (P/2016/0219). The residues would be discarded or used as fuel in the on-site biomass energy facility. Graded RCF raw material would be stored in the log yard in the RCF silos (P/2016/0219).

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

RCF would be transferred to the new chip preparation building from the storage silos via a series of enclosed conveyors. Within the building the RCF would be further processed to separate non wood materials which would generate a cleaner recycled wood fibre for production use. Virgin wood chip is also fed in. The material is reduced in size by various pieces of equipment within the building. These are similar to elements used in the existing unenclosed chip preparation facility. These pieces of equipment have high residual noise levels and there is a significant benefit in these being enclosed within a building. The enclosed and chipped material is transferred to one of the four new silos (wet chipped silos) located to the south of the building. Two dust filtration units would be positioned outside the chip preparation building to filter air from the process before discharging cleaned air to the atmosphere.

Wood Chip Dryer: Material from the wet chip silos would pass into new direct heated drum dryer via an overhead conveyor. Hot gases are generated through combustion of wood residue burned in a combustion residue and mixed with drying gases in a mixing chamber. The gas enters the rotating dryer drum within which the wood chips are conveyed and dried and exited from the outlet chamber. The drying gases are then piped to the air pollution control system which comprises a WESP (Wet Electronic Precipitator) within a filter unit. The drying gases are cooled to saturation point by water sprayed into the inlet pipe (quenching). The cooled gases would then enter a filter / scrubber and here most of the dust / particles and gaseous organic compounds are precipitated from the gas. The gases then flow vertically into the WESP. The WESP provides two further stages of cleaning and electrical currents ionise the aerosols and particulates within the gases.

Noise: A comprehensive Noise Assessment accompanies the application assessing the potential noise impact on existing residential development resultant from the operation of the proposed development. Noise from the operation of the existing wood chip preparation plant is relatively noisy and considered to be a main contributor to existing noise levels west of the site. Contributory noise levels of the existing wood chip preparation and the proposed development indicate that the proposed development would result in a general reduction in noise contributory levels in sensitive directions (i.e. reduction of 1dB to 4dB). The results also show that the proposed development would not result in any background noise ‘creep’. The noise from the operation of the proposed development would result in noise levels complying with all relevant standards for noise at the nearest sensitive receptors.

The results show that the cumulative effect of all new plant constructed since 2011 is at least 10dB below the baseline background sound levels. In terms of construction noise, best practice would be applied in accordance with BS5228 :2009. Construction noise is not considered to generate any significant impacts.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 VISUAL IMPACT

Conservation: In terms of impact upon the significance of the Outstanding Universal Value of the World Heritage Site and the setting of

Chirk Castle Historic Park and Gardens, the Council’s Conservation Officer concurs with the findings of the submitted Heritage Assessment and the Landscape and Visual Assessment that a slight adverse impact will result from the development with the structures visible from certain locations within the Buffer Zone as identified within the Landscape Strategy. However, as with previous development, set against the backdrop of an existing industrial landscape they will not appear out or character or significantly alter the current visitor experience.

CADW similarly have no objection to the impact on the Scheduled Monument, Pontcysyllte Aqueduct and Canal. In the immediate vicinity of the proposed development the canal passes through a tunnel and a steep embankment which means most of the views are blocked. With regards to the Gardens at Chirk Castle, intervening vegetation blocks and screens most views of the Complex. It is considered only a slight impact on the Castle Gardens and the World Heritage Site. The Canal and Rivers Trust consider the scheme has the potential to have a significant impact upon the surrounding area as a result of the scale of the development, although recognising that it would be viewed in the context of the existing industrial plant which forms a significant feature in the landscape and the buffer zone of the World Heritage Site.

The visual impact of the development viewed from the adjacent stretch of the Llangollen Canal would be reduced as a result of the depth of the cutting and the steeply wooded sides. On balance, Glandwr Cymru are satisfied the submitted Visual Impact Assessment on the wider World Heritage site and its buffer has been adequately assessed. Further planting on the boundaries of the site should be considered to further reduce the impact.

Noise could also be a concern, but I am conscious that the existing wood chip preparation facility to be replaced by a new building will reduce noise. The existing building is noisy and the proposed enclosed building will result in a reduction in noise.

The submitted Landscape and Visual Impact Assessment and Heritage Appraisal submitted with the application is comprehensive and extensive with numerous viewpoints considered. The submission concludes that the development would be introduced into an existing large scale industrial site that is an established influence upon the town of Chirk and the surrounding area. Effects would not be significant and generally the proposed development would be seen in the context of views where the presence of large scale structures at the Kronospan Site is an established influence and the proposed development would be seen in the context of existing substantial structures including stacks.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 The applicant has recently submitted a Landscape Strategy for the area surrounding the Kronospan Site, much of which is within the control of the applicant. The purpose of the Landscape Strategy is to identify and implement opportunities for enhanced screening of the Kronospan Site with

new planting and changes to the management of the existing vegetation which will further reduce the impact of the site.

Air Quality: A detailed Air Quality Assessment undertaken by Fichtner Consulting Engineers accompanies the application. The potential environmental effects of the air emissions from the proposed development on human health and ecological receptors have been assessed using detailed dispersion modelling. The results of the modelling have been assessed against relevant air quality objectives and guidance identified from National Legislation and Natural Resources Wales (NRW), and Environment Agency (EA) guidance documents. A range of scenarios have been modelled and a series of conservative assumptions have been used in the modelling to provide a robust assessment. The significance of effect associated with the proposed development is deemed to be negligible in relation to human health.

An assessment of the impact on ecological receptors in the surrounding landscape has also been undertaken. The assessment has considered designated sites up to 10km from the proposed development. The assessment has concluded that all identified ecological receptors the emissions from the proposed development are not considered to result in significant effects.

An application for a substantial variation to the site permit will be required which is likely to be to NRW.

Conclusion: The proposed development is part of an on-going improvement programme to deliver environmental improvements to the site and to ensure the long term economic viability of the manufacturing facility.

The proposal is to replace the existing wood chip preparation facility, to include a building to house new wood chip preparation equipment, development of a new wood dryer and associated sifting, grading and transfer system. The current plant is dated and difficult and expensive to maintain. The design of the plant has meant it could not be enclosed and with potential for emissions. The replacement of the existing plant will provide further additional controls to the release of dust from the site and being enclosed will reduce noise levels from the plant, whilst improving the quality of raw material going into the particleboard and ensuring product quality.

With regard to the heritage assets in the vicinity, the Pontcysyllte Aqueduct and Canal World Heritage Site, Chirk Castle and Historic Park and Gardens, AONB and Chirk Conservation Area, there is a general consensus with the findings of the submitted Heritage Assessment and the Landscape and Visual Assessment that only a slight impact will result from the development. The

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 proposed structures will be viewed from certain locations but as with previous proposals, seen against the backdrop of the existing landscape, existing screening and proposed additional planting by virtue of the Landscape Strategy will reduce further the visual impact..

I am satisfied that the impact of the proposed new development will have a limited additional visual impact and that it will result in environmental benefits with a reduction in noise and dust.

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. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 4. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 2194-01-001, 2194-01- 003, 2194-01-004, 2194-01-005 and contained within the application documentation. 5. Geoscience: Universal condition for development on land affected by contamination: Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority: 1. A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved. 6. Geoscience: Verification Report: Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a ""long-term monitoring and maintenance plan"") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. 7. Geoscience: Long-term monitoring: Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the Local Planning Authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. 8. Geoscience: Unsuspected contamination: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. 9. Geoscience: SUDS: No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details. 10. Geoscience: Piling: Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 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 define the scope of the planning permission 5. The site overlies a Secondary A aquifer, and has been subject to historic industrial uses that may have the potential to present a contamination risk to the controlled waters at the site. 6. To demonstrate that the remediation criteria relating to controlled waters have been met, and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site. 7. To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site. 8. Given the size/complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated. 9. The site overlies a Secondary A aquifer, and has been subject to historic industrial uses that may have the potential to present a contamination risk to the controlled waters at the site. 10. The site overlies a Secondary A aquifer, and has been subject to historic industrial uses that may have the potential to present a contamination risk to the controlled waters at the site. There is an increased potential for pollution of controlled waters from inappropriate methods of piling.

NOTE(S) TO APPLICANT

Environmental Permitting: The applicant should give due consideration to the requirements of The Environmental Permitting (England and Wales) Regulations 2016 as they apply to this activity, including but not limited to the Best Available Techniques Reference (BREF) document for the Manufacture of Wood Based Panels'.

Pollution Prevention and Waste Management: The site is within the Dee Protection Zone. We refer the applicants to the following: https://www.gov.uk/government/publications/consent-for-a-controlled-activity- within- the-river-dee-water-protection-zone

The applicant should refer to the relevant Pollution Prevention Guidance Notes in order to ensure pollution is minimised as a result of the works.

The applicants should ensure that all waste generated during the development is disposed of in accordance with the Environmental Permitting (England and Wales) Regulations 2010 and the Waste (England and Wales) Regulations 2011 and all other relevant legislation. If any waste is to be used in construction, ensure that the relevant exemption or permit is obtained

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 before waste is imported. Ensure all duty of care waste transfer notes are retained.

The applicants should ensure that no pollution to surface or groundwater is caused by dewatering excavations, see our regulatory position statement: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/ 445466/LIT_5107.pdf

No contaminated discharge should be made to surface water or groundwater. For advice on pollution prevention at construction sites please refer to PPG6: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/ 290139/pmho0412bwfe-e-e.pdf

If during construction/excavation works any contaminated material is revealed, then the movement of such material either on or off site should be done in consultation with Natural Resources Wales. Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 34 of the Environmental Protection Act 1990. Carriers transporting waste from the site must be registered waste carriers and movement of any Hazardous Waste from the site must be accompanied by Hazardous waste consignment notes.

Landscape: The proposal is within or may affect the Clwydian Range and Dee Valley Area of Outstanding Natural Beauty. We remind you of your Authority's duty under Section 85 of the Countryside and Rights of Way Act 2000 which requires public bodies to have regard to the purposes of conserving and enhancing the natural beauty of the AONB. The statutory purposes of Areas of Outstanding Natural Beauty are conservation and enhancement of natural beauty.

Please do not hesitate to contact us if we can be of any further assistance to you or if you wish clarification on the above.

Our comments above only relate specifically to matters that are included on our checklist ""Natural Resources Wales and Planning Consultations"" (March 2015) which is published on our website: (https://naturalresources.wales/planning-and- development/planning-and- development/?lang=en). We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0445 LAND AT BERSE ROAD NEW 30/05/2017 BROUGHTON WREXHAM LL11 6SL

COMMUNITY: DESCRIPTION: CASE OFFICER: Broughton CONVERSION OF REDUNDANT KH TWO-STOREY STEEL FRAMED BARN TO DWELLING WARD: AGENT NAME: New Broughton APPLICANT(S) NAME: BOB DEWEY PLANNING MR & MRS BEGLIN MR B DEWEY

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THE SITE

SITE

Located and accessed off the northern side of Berse Road. The building is located approximately 70 metres off Berse Road. Ferndale Garden Centre is located further west on the southern side of Berse Road.

PROPOSAL

Conversion of redundant two-storey steel framed barn to dwelling.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

HISTORY

No recent history.

DEVELOPMENT PLAN

Outside the settlement and located within a Green Barrier and within 500 metres of the Gatewen Marsh SAC Buffer. Policies PS1, PS2, GDP1, EC1, EC4, H3 and H5 refer. LPG3 Converting Rural Buildings is also applicable.

CONSULTATIONS

Community Council: Consulted 12.06.2017. Local Member: Requests the application goes to Committee even though it is outside the settlement limit and provided it is only for one dwelling. Public Protection: Notes to applicant. Highways: Adequate visibility at the existing site access and adequate space within the curtilage to provide off- road parking. Conditions should permission be forthcoming – parking and turning facilities, no gates within 5 metres of highway and visibility spays of 2.4m x 120 metres in both directions maintained at access. Welsh Water: Consulted 12.06.2017. Natural Resources Wales: • No objection on basis that the ecological submission by the applicant is satisfactory for purposes informing the planning decision making process. • No evidence of bats was found. • Foul drainage – With respect to the discharge (of effluent) to ground or surface water the applicant will need to apply for an environmental permit or register an exemption with Natural Resources Wales. A permit or exemption will be required prior to commencement of work on site. • Government policy states that were practicable, foul drainage should be discharged to the main sewer. • The applicants must ensure they are not in a sewered area before applying for an environmental permit Neighbours: Two letters supporting the application. Site Notice: Expired 10.07.2017.

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SPECIAL CONSIDERATIONS

Proposal: The application is to convert a redundant barn to a single dwelling. The building is a steel framed building. Currently, externally, the building has metal sheet cladding for the upper part of the structure and concrete blockwork for the bottom 1.8m. The roof is currently sheeting with the applicant indicating that the proposed roof would be agreed with the Local Planning Authority.

A considerable number of new openings would be introduced into the four elevations.

Policy: The building is outside any defined settlement limit and within a Green Barrier and within the 500 buffer zone for a SAC (Gatewen Marsh). Policy H3 is also applicable (Conversion of Buildings outside settlements). Policy H3 stipulates that conversion of a building to residential use outside settlements will only be permitted where:-

a) In the case of agricultural buildings, there is no longer an agricultural need and alternative non-residential uses have proved inappropriate, and b) The building is structurally sound and capable of conversion without extensive re-building tantamount to the erection of a new dwelling, and c) Any inherent characteristics of merit in the building are retained, and d) The proposed dwelling and the resulting curtilage does not constitute an undesirable intrusion into the landscape, create access problems, nor require the provision of services at public cost, and e) The floor plan of the existing building is sufficient to create a habitable dwelling.

The applicant has indicated that the building is redundant but does not provide any additional information to confirm that alternative non-residential uses have proved inappropriate.

I also have concerns that the applicant has indicated that the building is in a suitable condition to be converted without extensive re-building. The commentary to Policy H3 indicates that planning permission for the conversion of a non-residential property in the countryside will not be granted unless the building is of a domestic scale and constructed of permanent materials such as stone, brick, slate or tiles and as such the conversion of prefabricated buildings to residential use would therefore not be allowed under Policy H3.

The building is of a temporary nature constructed as a steel portal frame. Materials consist of metal cladding above blockwork on the elevations and a metal roof. Substantial work is required to change to residential with all four elevations being altered. The blockwork and metal sheet cladding would be replaced by brickwork and vertical larch cladding which in effect provides four new elevations. Similarly the roof (metal) would be replaced with materials to

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 be agreed with the Local Planning Authority. The existing building has four existing openings with the proposed development providing four roof-lights, a section of the roof glazed and twelve additional windows / doors.

I consider that the works proposed do constitute extensive rebuilding tantamount to the erection of a new dwelling which would be contrary to the appropriate policies for development outside settlements. The building has no vernacular character and does not contribute to the visual quality of the surrounding townscape.

Ecology: NRW and the Council’s Ecologist concur that the ecological report has been carried out to a good standard and no evidence of bats was found.

Highways: Highways have no objections on the basis of utilising the existing access and adequate visibility splays of 2.4m x 120m can be achieved in both directions.

Conclusion: I do not consider the building is suitable for conversion to residential use and the proposals fail to accord with planning guidance as set out with LPG3 on converting rural buildings and policy H3 – Conversion of buildings outside settlement limits. No ecology issues or highway safety issues have been raised.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The structure is of a temporary nature constructed as a steel portal frame, infilled with blockwork at the lower level and clad with metal sheeting above. To convert to residential use, the external walls will be rebuilt / replaced to bring the construction up to a habitable standard. The proposal as such does not accord with the planning guidance set out in LPG3 Converting Rural Buildings and Policy H3 Conversion of Buildings Outside Settlement Limits of the Wrexham Unitary Development Plan.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0448 6 ACTON GARDENS WREXHAM 06/06/2017 LL12 8DD

COMMUNITY: DESCRIPTION: CASE OFFICER: Acton REAR TWO-STOREY EXTENSION, LP1 SIDE ENTRANCE PORCH AND MINOR INTERNAL ALTERATIONS WARD: AGENT NAME: Acton APPLICANT(S) NAME: CB ARCHITECTURAL MR & MRS TOM STANFORD DESIGN MR CRAIG BAUGH

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SITE

Semi-detached property in Acton Gardens, Wrexham.

Two storey extension Single storey extensions

PROPOSAL

Rear two storey extension, new entrance porch and internal alterations

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HISTORY

P/2000/0515 Two storey rear extension. Granted 28/07/2000. Not constructed P/2013/0181 Single storey rear extension. Granted 09/04/2013

DEVELOPMENT PLAN

Lies within settlement limit, Policies PS2 and GDP1 apply.

CONSULTATIONS

Community Council: Local Member: No comments Highways: Notified 12/6/17 Site Notice: Expired 04/07/17 Other Representations: Objections received raising the following points: • Concerns about the proximity of the proposed extension to the shared boundary • The two storey extension will be very imposing and will diminish light to the neighbouring property • The construction process will cause disruption to the neighbouring properties. • The proposed extension is out of line with the other properties in the street and will result in the loss of the view from the neighbouring house • The two side facing windows will create overlooking to the neighbouring garden • The proposal will change the character of the environment from one with open gardens to a built up area with houses in close proximity to each other which will change the perspective of the street forever. • There are drains that pass along the rear of this and neighbouring properties; if this is built over it may affect pipework under neighbouring properties.

SPECIAL CONSIDERATIONS

Proposal: The proposed extension is a two storey extension to create an additional bedroom. The existing single storey rear extension will remain adjacent to the boundary with the adjoining house and a new single storey porch is proposed to the side elevation.

Design and Amenity: The design of the extension is in keeping with the property and it is set back from the front of the house so will not result in an

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 elongation of the front elevation. The pitch of the roof matches the existing property.

There are two proposed windows on the side elevation, one at ground floor level for a study (replacing the existing side facing utility room window) and one at first floor level for a walk in wardrobe. As neither of these are for habitable rooms there will be no additional overlooking created from the extension.

The proposed extension passes the BRE tests in relation to the neighbouring properties and there will be no significant overshadowing created.

The extension will be 20 metres from the houses to the rear, however due to the angle of the house in relation these properties there is no direct line between proposed windows and those on the existing properties.

Other Considerations: Whilst the extension is larger than others on this street, there will be over a 100m² of rear garden area remaining so the overall character of the area will not be affected.

There is no right of a view across neighbouring land and the loss of such cannot be considered.

There is sufficient parking on the driveway of the property for 2 cars and an opportunity for additional parking on the front garden area if required.

Any adverse impact on the neighbouring property as a result of the construction works is a civil matter between the neighbours and not a material planning consideration.

Welsh Water have provided information regarding the sewer pipes that run through the rear gardens of the property. The applicant is aware of its location and any damage created to this pipework which impact neighbouring houses would be a civil matter.

CONCLUSION

The proposed extension will not have an adverse impact on the neighbouring properties or overall character of the area and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 766/SK03, 766/SK01 Rev B, 766/SK02 Rev A and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

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

The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0463 NINE ACRE PLAYING FIELD 08/06/2017 WESTMINSTER DRIVE WREXHAM LL12 7AT COMMUNITY: CASE OFFICER: Acton DESCRIPTION: PF SITING OF SHIPPING CONTAINER FOR STORAGE PURPOSES AND WARD: LAYING OF HARDCORE FOR AGENT NAME: Maesydre PARKING AREA. WREXHAM AFC LTD MR SPENCER HARRIS APPLICANT(S) NAME: MR SPENCER HARRIS WREXHAM AFC LTD

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THE SITE

Parking area

SITE – proposed location of container.

PROPOSAL

Planning permission is sought for the siting of a shipping container for storage purposes and a hardstanding parking area associated with the use of the playing field by Wrexham Football Club.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 For the purposes of clarity, the applicant has referred to a retrospective element in their documentation. This relates to the laying of hard core for the proposed parking area. The use of the field for football training does not require the benefit of planning permission – this application relates to the siting of the shipping container for storage purposes and the parking area only.

HISTORY

None

PLANNING POLICY

The site is located inside a settlement limit as defined by the Wrexham Unitary Development Plan. Polices PS2, GDP1, EC1, EC6 and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 16 – Parking Standards.

CONSULTATIONS

A period of reconsultation was undertaken on 07.07.2017 following the receipt of amended plans. Where comments have been received following this reconsultation, they are shown in italics.

Community Council: - The Community Council welcomes the retention of this important open space for leisure use but considers that the shipping container if permitted to be sited on this site should have adequate an appropriate screening to ensure the visual and open aspect of this site is maintained. - The position for siting of the container should be agreed in consultation with the Council’s Arboricultural Officer to ensure no tree roots or canopies are damaged. Local Member: No objection but the following should be adhered to: - All Health and Safety conditions, Fire Regulations and storage of flammable materials (if applicable) must be met. - The container must be shielded from view of the residents on Westminster Drive. - No entry, or exit to the pavilion is to be blocked due to the siting of the container. - The foundations for the container must be sufficient to support the weight and avoid any potential tipping, or subsidence. - No smoking within the container.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 - The relevant authority provides approval to WST, once the container is sited and before usage. - Any major unforeseen issues, regarding usage, WST must undertake to remove the container within thirty days’ notice from the Council (during the planning process). No further comments to make on amended scheme Site notice: Expired 12.07.2017 Highways: Consulted 10.07.2017 Public Protection: No comments. Neighbouring occupiers: 5 neighbouring occupiers notified. 7 representations received objecting to the proposal on the following grounds: • The container will be an eyesore to nearby residents and an alternative location found; • The refurbishment of the pavilion should be undertaken; • This will be ‘the thin end of the wedge’ and lead to more developments; • This should be located on an industrial estate; • The base has already been installed which is pre-empting a decision; • A more environmentally sensitive structure out of brick or wood would be more acceptable; • The weight of a shipping container on the roots of tress will lead to their long term health decline; • If permission is granted it should not be longer than for 12 months; and • The siting of a portable loo on the field is unacceptable. One representation received raising the following point of support: • The siting of the container should be welcomed as long as it is kept clean and tidy. The positive use of the playing field should be welcomed.

SPECIAL CONSIDERATIONS:

Design and amenity: The proposed development is to allow for the siting of a shipping container and for the laying of gravel to create a parking area associated with the ongoing use of the site for football training purposes.

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An amended plan has been submitted which shows the relocation of the shipping container from the eastern elevation of the existing pavilion to its northern side. I am satisfied that this will reduce its prominence when viewed from Westminster Drive and will reduce its impact upon the long term health and wellbeing of the existing trees which make a positive contribution to the streetscene. The land on the northern side of the pavilion is also set at a slightly lower level which further reduces prominence. On balance, I am satisfied that the visual impact of the shipping container can be mitigated through its amended location and will not be detrimental to the visual character of the area.

A condition seeking the removal of the container after a five year period will be recommended on any approval to ensure control can be retained over the condition of the structure.

Highways: Highways have raised no objection to the proposed parking area which utilises an existing access point.

Other matters: Planning law allows for the submission of planning applications either fully or partly in retrospect. The planning authority cannot look upon this application negatively for this reason.

There has been mention in representations regarding the positioning of a portaloo on the site. I have clarified matters with the applicant, the intention being to relocate this to within the container once sited. The positioning of a portaloo does not form part of this proposal and is not being considered.

Any further developments on the site will require planning permission and will be dealt with on their own merits.

Conclusion: I am satisfied that the development, as amended, will not result in a negative visual impact and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The approved plans are:- - drawing labelled Nine Acre - Site Plan - photographs of shipping container date 8 June 2017. 2. The use of the building shall cease and be abandoned before 31.12.2022. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date.

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3. Prior to the first use of the container hereby approved, it shall be painted dark green or any other colour as may be agreed in writing by the local planning authority. The container shall be retained in this condition thereafter.

REASON(S)

1. To define the scope of the planning permission 2. Having regard to its design and materials of construction, planning permission would not normally be granted in respect of temporary buildings in this location. Permission has been granted in this instance solely to allow the applicant adequate time to seek permanent, satisfactory accommodation. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0495 TROTTING MARE COTTAGE 16/06/2017 KNOLTON OVERTON WREXHAM LL13 0LE COMMUNITY: CASE OFFICER: Overton DESCRIPTION: MP OUTLINE APPLICATION FOR THE ERECTION OF 1 NO. SINGLE WARD: STOREY DWELLING ADJOINING AGENT NAME: Overton TROTTING MARE COTTAGE MR CHRISTOPHER RAE

APPLICANT(S) NAME: MR CHRISTOPHER RAE

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SITE

Application site

Wrexham/Shropshire boundary

PROPOSAL

Outline planning permission for one dwelling is sought. All matters reserved.

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HISTORY

Trotting Mare Garage

P/2016/0910 OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (3 NO. DWELLINGS) WITH ASSOCIATED PARKING. Granted 7.11.2016

DEVELOPMENT PLAN

Outside of settlement limit and within Special Landscape Area. Policies GDP1, H5 and T8 apply.

CONSULTATIONS

Community Council: Consulted 20.6.2017 Local Member: Notified 206.2017 Public Protection: Recommend measures to limit impact of construction. Highways: Have the following comments: - Clarification needed as to whether there is a right of access via Trotting Mare Garage; - The garage site is served by two accesses. Northerly and southerly; - The southerly access is 8.8m wide and provides access to both the garage and Trotting Mare Cottage and Trotting Mare Barn. Visibility is inadequate in both directions. - I would not normally wish to support development that is likely to result in any significant increase in vehicle movements through this substandard access. However given that the existing garage utilised this shared access, where vehicle movement fluctuate it may be considered that vehicle movements from an additional dwelling would be insignificant; - Given that the rear of the garage site is occupied by an MOT/service garage with its associated vehicle movements, it may be considered inappropriate to support a residential development where pedestrian movements may conflict with existing activities; - Any potential access to serve the development located immediately west

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 of Parkley Farm would come under the jurisdiction of Shropshire Council; - Recommend parking provision is provided in accordance with the LPG16 maximum; - Turning provision appears reliant on land owned by the garage site; - No details of where vehicles associated with Trotting Mare Cottage and Barn park/turn has been provided. Shropshire Council (Planning): Consulted 20.6.2017 Shropshire Council (Highways: Consulted 20.6.2017 Welsh Water: Consulted 20.6.2017 Natural Resources Wales: No objection. Site Notice: Expired 13.7.17 Neighbours: The owners/occupiers of 4 nearby properties notified 21.6.2017 and regarding submission of amended plans on 4.7.2017 1 representation submitted supporting the application but expressing concerns about the proposed access to the site.

SPECIAL CONSIDERATIONS

Policy: The site lies directly to the rear of Trotting Mare Cottage. The latter is part of a small cluster of development located in open countryside which also consists of the adjoining Trotting Mare Barn. Trotting Mare Garage lies to the north-west of the application site with 2 dwellings beyond and the Trotting Mare public house lies on the opposite side of the A528 to Trotting Mare Cottage. The application site is partly occupied by an agricultural building.

In accordance with policy H5 residential development in the countryside is only likely to be permitted where it consists of the conversion of a suitable building, the subdivision of an existing dwelling, up to two dwellings on an infill plot, small scale affordable housing on sites adjacent to settlement limits or housing for rural enterprise workers where there is an essential need for them to live on or close to their place of work.

Being located to the rear of existing development, the site does not constitute an infill plot. The application details suggest the dwelling would be occupied by a rural worker so that he could be close to his place of work. No details about the rural business have been provided however and there are no rural enterprises requiring a full time worker to live nearby operating from the site or on adjacent land, as far as I am aware. Furthermore no evidence has been provided to demonstrate that there is an essential requirement for someone to live at the site. In light of the above there erection of a dwelling on the site would not accord with policy H5.

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I am aware that outline planning permission was granted in 2016 for the redevelopment of the adjoining Trotting Mare Garage site for up to 3 dwellings, however the circumstances in that case were different. Firstly that site is very clearly previously developed land and the erection of two dwellings in place of the main garage building (as was proposed) constituted infill development, thus according with policy H5.

In respect of the third dwelling proposed for the rear of the garage site, it would replace two existing workshops and have less impact upon the locality. Furthermore the redevelopment of the garage site has the potential to improve the amenity of neighbouring occupier as a result of less traffic to/from the site as well as less potential for other noise and disturbance associated with commercial activities. The proposals were therefore considered to broadly accord with Planning Policy Wales (paragraph 9.2.22) advice that the sensitive infilling of small gaps, or minor extensions to groups of dwellings in the countryside may be acceptable depending on the character of the surroundings and the pattern of development in the area.

In the case of the application site, I do not consider it to be previously developed land – it retains the character of a small paddock/agricultural holding. UDP policies also do not allow for the replacement of agricultural buildings with new dwellings.

The proposed dwelling would not accord with the general pattern and character of residential development in the vicinity. Dwellings generally all front onto the highway with only ancillary buildings or, as is the case with Trotting Mare Cottage, buildings used for agricultural or other rural land uses located to the rear. All detailed design matters are reserved for subsequent approval, however the indicative details suggest a bungalow would be built. Whilst this would aid to limit the impact of the development it would still nevertheless have an urbanising effect on the site character of the site and in turn harm the Special Landscape Area.

Housing Land Supply: Wrexham does not have a 5 year housing land supply. There is also a significant need to additional land to be brought forward for housing - the emerging Local Development Plan will need to make provision for around 8,460 new homes (this includes provision for a 10% contingency) to meet the housing needs of the County Borough over the 2013-2028 period. Taking into account existing deliverable supply this equates to a requirement for sufficient land to be brought forward for around 4,000 houses to be built.

The above are material considerations that weigh heavily in favour of applications for housing development, however in my opinion they do not justify the granting of planning permission in this instance.

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Sustainability: The site is not located in a sustainable location – there are very limited employment opportunities in the vicinity of the site, with the exception of the nearby public house there are no local/essential services accessible by non-car means and there is no public transport. The occupiers of the site would be entirely reliant upon private cars for most, if not all journeys. This would conflict with Planning Policy Wales (paragraph 9.2.9) advice that sites for new housing should be located in areas where jobs, shops and services are accessible by modes other than by the car.

I appreciate that the adjacent garage site is similarly located in an unsustainable area, however the development of the site would re-use previously developed land. Furthermore the erection of 3 dwellings on that site has the potential to lead to a reduction in car and other vehicle journeys compared to the existing commercial use.

Amenity: Based on the indicative plan the dwelling would be around 12 metres to the rear of Trotting Mare Cottage – less than 22 metres and 13 metres recommended in LPG21 in order to provide for equate privacy and avoid a development being overbearing respectively.

Notwithstanding the above, the indicative plans suggest a single storey dwelling would be built and I am satisfied that it could be designed to minimise the impact upon the amenity of the occupiers of Trotting Mare Cottage whilst also affording the occupiers of the proposed dwelling adequate privacy and amenity. Boundary treatment would also help maintain a reasonable standard of amenity. These issues could all be addressed at reserved matters stage.

Highways: Access is reserved for subsequent approval, however when initially submitted the applications indicated that the dwelling would be served via an access onto the A528 approximately 150m to the south-east. This is the current access to Trotting Mare Cottage via a track/driveway and lies entirely within Shropshire – Shropshire Council having granted planning permission for the access and track/driveway in November 2016. However planning permission would be required to provide a driveway from the application site to connect to the track/driveway granted planning permission by Shropshire Council. I have not been provided within any details that confirm whether permission has been sought for granted for the access. Whilst only a short section of additional driveway would be needed, it cannot be assumed that permission would be forthcoming.

The alternative means of access to the site would be via Trotting Mare Garage. The applicant believes there is a right of access across the garage site. Whilst I have no evidence to either confirm or contradict this, there is an existing gated access to the application site from the Trotting Mare Garage site.

Whilst the development would not significantly increase the amount of traffic using the garage access onto the A528, both vehicles and pedestrians to/from the application site would have to pass through an operational garage site.

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This would potentially be hazardous, particularly for pedestrians. As such I do not consider it to be a safe means of access. I appreciate that the garage may cease operating if it is redeveloped for housing, however it cannot be assumed at this time that the planning permission granted last year will be implemented.

The development would not impact upon the parking arrangements for Trotting Mare Barn or Trotting Mare Cottage. Whilst noting the comments from Highways about turning provision, this matter could be considered in more detail at reserved matters stage. Whichever means of access to the site is used vehicles are unlikely to be reversing directly onto the highway.

CONCLUSION

The development would have an urbanising impact upon the character of the site, harm the Special Landscape Area and it is unclear whether a safe means of access to the property can be provided. As such it does not accord with policies H5, GDP1 and EC5 of the Wrexham Unitary Development Plan.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. Site is located in open countryside and the proposed development would have a harmful urbanising effect on the character of the site and in turn harm the wider Special Landscape Area. It is therefore contrary to policies H5, GDP1(a) and EC5 of the Wrexham Unitary Development Plan. 2. It is unclear whether a safe means of vehicular and pedestrian access can be provided to/from the site. The Council considers that access via the Trotting Mare Garage site would be prejudicial to the safety of future occupiers of the development. The proposals therefore conflicts with policy GDP1(d) and (f).

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0497 24 TREM YR EGLWYS WREXHAM 18/06/2017 LL13 7QE

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa TWO-STOREY EXTENSION AND LP1 SINGLE-STOREY EXTENSION TO FRONT OF DWELLING WARD: AGENT NAME: APPLICANT(S) NAME: CB ARCHITECTURAL MR & MRS PETER WILLIAMS DESIGN MR CRAIG BAUGH

______EP/ THE THE SITE

Detached property in Coed y Glyn Estate, Wrexham

Two storey extension

Single storey porch

PROPOSAL

Two storey front extension and single storey porch,

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HISTORY

None relevant

DEVELOPMENT PLAN

Lies within settlement limit, Policies PS2, GDP1 and Guidance Notes 20 and 16 apply.

CONSULTATIONS

Community Council: No comment Local Member: Notified 20/06/17 Site Notice: Expired 13/07/17 Other Representations: Three letters received raising the following points: • Believed that development beyond the front line of the properties was not permitted, the proposed two storey extension is 2 metres in front of the current building line. • The proposal will reduce the off road parking spaces leading to the use of roadway parking which is not particularly wide. • There would be loss of views from the neighbouring property • The bricks used in the existing house are no longer freely available, non-matching bricks would destroy the appearance of the street. • The proposed extension and roof size will add considerably to the flow of rainwater and this may impact on neighbouring properties if the drains are inadequate • There is no objection to the single storey extension providing matching materials are used. • Extension would be overbearing and imposing in relation to neighbouring properties. • The proposed extension would result in an unacceptable loss of privacy to the neighbouring property. • The proposed extension by reason of its scale and bulk would be out of keeping with the design and character of the existing dwelling and would have an adverse effect on the visual amenity of the area. • The layout and siting is unsympathetic in relation to adjoining buildings, spaces and views and is inappropriate.

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SPECIAL CONSIDERATIONS

Design and amenity: The proposal is for a two storey front extension replacing the existing dormer window above a garage with gable elevation with garage at ground level. The two storey element will project 2 metres further forward than the existing property. There is also a proposed single storey porch area.

The design of the extensions are appropriate for the property and are similar to extensions on other properties within the estate. The proposals will not have an adverse impact on the character of the property or the neighbourhood. Whilst the extension is forward of the existing building line the property is set back from the street by some 9.5 metres and will not result in a sense of enclosure on the street scene.

There will be a standard condition requiring matching materials to be used for the extension. Whilst the original bricks may not be available it is possible to find alternatives that form a satisfactory match for the property.

The proposal passes the BRE tests in relation the neighbouring properties and there are no additional side facing windows that will create any overlooking.

There is sufficient space between properties on this estate that the proposal will not be overbearing.

Parking: The proposed extensions would reduce the length of the driveway available at the property, although it would still be possible to park two cars there. There is sufficient space on the front garden to create an additional parking area whilst leaving adequate garden area in keeping with the rest of the estate.

Other considerations: The applicant is aware of the location of the drains and adequate soakaways for rainwater will be provided under the requirements for building control.

There is no right of view across neighbouring land and this cannot be taken into consideration as a planning matter.

CONCLUSION

The proposed extensions are in keeping with the existing property and the character of the rest of the estate.

There will be no adverse impact on neighbouring properties and I therefore recommend accordingly.

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RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 767/SK01 Rev B, 767/SK02 Rev C, 767/SK04, 767 SK03 Rev D and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

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

The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0542 ROXMERE BETHANIA ROAD 25/06/2017 WREXHAM LL14 3TS COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: LP1 TWO-STOREY REAR EXTENSION TO PROVIDE KITCHEN / DINING WARD: ROOM AND UTILITY ROOM WITH AGENT NAME: Cefn ADDITIONAL BEDROOM AND CHRIS HARDAKER ENSUITE OVER AND NEW ARCHITECTS VEHICULAR ACCESS TO REPLACE MR CHRIS HARDAKER EXISTING

APPLICANT(S) NAME: MR RAYMOND SMITH

______P/2017/0542 SITE

Detached property in Acrefair

New access

Proposed two storey extension

Indicative location of garage

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PROPOSAL

Two storey rear extension to provide kitchen/dining room and utility room at ground floor level and one additional bedroom and ensuite at first floor. Existing vehicle access to be made solely pedestrian and creation of new vehicular access and parking area.

HISTORY

No previous history relevant.

P/2017/0543 – next item on agenda

DEVELOPMENT PLAN

Lies within settlement limit, Policies PS2, GDP1 and Guidance Notes 20 and 16 apply.

CONSULTATIONS

Community Council: Consulted 06/07/17 Local Member: No comments Highways: Recommend conditions Site Notice: Expired 28/07/17 Other Representations: Neighbouring properties consulted 01/07/2017

SPECIAL CONSIDERATIONS

This application is being reported to Planning Committee as the applicant is a senior member of staff in the Finance Department.

A second application on the site- P/2017/0543; is the next item on the agenda. The second application differs in that it is for 2 bedrooms at first floor level as opposed to the one proposed on this application.

Design and Amenity: The design of the extension is in keeping with the existing access and replaces single storey extensions which are of poor design.

There is one additional window on the south facing elevation facing Mardale. This is for a secondary window for the kitchen. Given the small size of this window and the fact that it does not directly face Mardale it is not considered that this would create any overlooking.

The first floor rear facing bedroom window does not directly face windows on neighbouring properties.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

The proposed extension passes the BRE tests in relation to the neighbouring properties and there will be no adverse impact on amenity.

Access and Parking: The existing vehicle access is to be reduced so that it will only be a pedestrian access and a new vehicle access is proposed to the front of the site.

Whilst the visibility at the new access does not conform to Welsh Government standards it is an improvement in relation to the existing access. The provision of a parking and turning area, which does not exist at present also offers an improvement in terms of highway safety. Conditions are required to maintain the access as proposed and to close up the existing access.

The agent has indicated that a garage is to be constructed on the site in the site shown on the plan. This is to be constructed under permitted development.

CONCLUSION

The proposed extension will not adversely affect the amenity of the neighbouring properties and I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered Plan dated 4 July 2017 and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building. 4. The vehicular access(es) hereby approved shall take the form of a dropped vehicular crossing. 5. The existing vehicular access as shown on approved plan no. 282/001/3B shall be permanently closed up prior to first use of the new vehicular access hereby approved. 6. 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. 7. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 8. Prior to first use of the development, the proposed vehicular access shall be laid out in strict accordance with approved plan no. 282/001/3B. The visibility splays shall thereafter be permanently retained free of all obstruction in excess of 1 metre in height.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

9. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 282/001/3B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 10. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. In the interests of highway safety. 5. In the interests of highway safety. 6. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 7. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 8. To ensure the formation of a safe and satisfactory access. 9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 10. In the interests of highway safety.

NOTE(S) TO APPLICANT

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

The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

Regulations approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

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. ______

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

APPLICATION NO: LOCATION: DATE RECEIVED: P/2017 /0543 ROXMERE BETHANIA ROAD 25/06/2017 ACREFAIR WREXHAM LL14 3TS COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: LP1 TWO-STOREY REAR EXTENSION TO PROVIDE KITCHEN / DINING WARD: ROOM AND UTILITY ROOM AND WC AGENT NAME: Cefn WITH ADDITIONAL 2 NO. BEDROOM CHRIS HARDAKER AND ENSUITE OVER AND NEW ARCHITECTS VEHICULAR ACCESS TO REPLACE MR CHRIS HARDAKER EXISTING

APPLICANT(S) NAME: MR RAYMOND SMITH

______

SITE

Detached property in Acrefair

New access

Proposed two storey extension

Indicative location of garage

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

PROPOSAL

Two storey rear extension to provide kitchen/dining room and utility room at ground floor level and two additional bedrooms and ensuite at first floor. Existing vehicle access to be made solely pedestrian and creation of new vehicular access and parking area.

HISTORY

No previous history relevant.

P/2017/0543 – Previous item on agenda

DEVELOPMENT PLAN

Lies within settlement limit, Policies PS2, GDP1 and Guidance Notes 20 and 16 apply.

CONSULTATIONS

Community Council: Consulted 06/07/17 Local Member: No comments Highways: Request conditions to secure safe access Site Notice: Expired 28/07/17 Other Representations: Neighbouring properties consulted 01/07/2017

SPECIAL CONSIDERATIONS

This application is being reported to Planning Committee as the applicant is a senior member of staff in the Finance Department.

A second application has been submitted on the site- P/2017/0542; the previous item on the agenda. This application is for two bedrooms at first floor level as oppose to one on the previous application.

Design and Amenity: The design of the extension is in keeping with the existing access and replaces single storey extensions which are of poor design.

There is one additional window on the south facing elevation facing Mardale. This is for a secondary window for the kitchen. Given the small size of this window and the fact that it does not directly face Mardale it is not considered that this would create any overlooking.

The first floor rear facing bedroom window does not directly face windows on neighbouring properties.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

The proposed extension passes the BRE tests in relation to the neighbouring properties and there will be no adverse impact on amenity.

Access and Parking: The existing vehicle access is to be reduced so that it will only be a pedestrian access and a new vehicle access is proposed to the front of the site.

Whilst the visibility at the new access does not conform to Welsh Government standards it is an improvement in relation to the existing access. The provision of a parking and turning area, which does not exist at present also offers an improvement in terms of highway safety. Conditions are required to maintain the access as proposed and to close up the existing access.

The agent has indicated that a gar age is to be constructed on the site in the site shown on the plan. This is to be constructed under permitted development.

CONCLUSION

The proposed extension will not adversely affect the amenity of the neighbouring properties and I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered Plan dated 4 July 2017 and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building. 4. The vehicular access(es) hereby approved shall take the form of a dropped vehicular crossing. 5. The existing vehicular access as shown on approved plan no. 282/001/3B shall be permanently closed up prior to first use of the new vehicular access hereby approved. 6. 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. 7. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 8. Prior to first use of the development, the proposed vehicular access shall be laid out in strict accordance with approved plan no. 282/001/3B. The visibility splays shall thereafter be permanently retained free of all obstruction in excess of 1 metre in height.

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

9. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 282/001/3B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 10. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To define the scope of the planning permission 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. In the interests of highway safety. 5. In the interests of highway safety. 6. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 7. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 8. To ensure the formation of a safe and satisfactory access. 9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 10. In the interests of highway safety.

NOTE(S) TO APPLICANT

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

The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Any form of development over or within

Page 134

REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017 the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider.

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

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

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

DELEGATED DECISIONS ISSUES

SES P/2015/0180 PLAS FRON, PORTHWGAN LANE, VARIATION OF CONDITIONS 3, 4, 10, 11, GRANTED CROSS LANES, WREXHAM, LL13 0TP 12, 14 AND 15 OF PLANNING 28/06/2017 PERMISSION P/2006/0826 TO ALLOW THE APPROVED PLANS TO BE SUBSTITUTED FOR AMENDED PLANS, TO APPROVE A GREATER EXTENT OF REBUILDING WORKS, TO AMEND THE HABITAT MITIGATION PROPOSALS AND TO ALLOW FOR AMENDED ACCESS ARRANGEMENTS ONTO THE A525

SES P/2015/0181 PLAS FRON, PORTHWGAN LANE, CONSTRUCTION OF NEW VEHICULAR GRANTED CROSS LANES, WREXHAM, LL13 0TP ACCESS 28/06/2017

ABE P/2017/0164 HMP BERWYN, BRIDGE ROAD, APPLICATION FOR APPROVED OF GRANTED WREXHAM INDUSTRIAL ESTATE, DETAILS RESERVED BY CONDITIONS 14/07/2017 WREXHAM, LL13 9QE IMPOSED UNDER P/2013/0671 - CONDITION 17: SUBMISSION OF FINAL TRAVEL PLAN P/2014/0560 - CONDITION 2: SUBMISSION OF LANDSCAPE MANAGEMENT AND MAINTENANCE SCHEME

WRA P/2017/0239 LAND ADJACENT TO, 82, JEFFREYS APPLICATION FOR APPROVAL OF GRANTED ROAD, WREXHAM, LL12 7PG DETAILS RESERVED BY CONDITION 28/06/2017 IMPOSED UNDER PLANNING PERMISSION P/2015/0217 CONDITION 6 - SUBMISSION OF FULL DETAILS OF A HARD AND SOFT LANDSCAPING SCHEME TOGETHER WITH A TIMESCALE FOR IMPLEMENTATION

ABE P/2017/0264 2, COED ABEN FARMHOUSE, COED USE OF THE PREMISES AS A REFUSED ABEN ROAD, WREXHAM DWELLING HOUSE PROVIDING CARE 03/07/2017 INDUSTRIAL ESTATE, WREXHAM, FOR UP TO THREE CHILDREN LIVING LL13 9UH TOGETHER AS A SINGLE HOUSEHOLD WITH CARE PROVIDED BY UP TO THREE RESIDENTIAL STAFF AT ANY ONE TIME

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

WRA P/2017/0320 12, FFORDD GARMONYDD, ERECTION OF CATTERY REFUSED WREXHAM, LL12 8JD 07/07/2017

HOL P/2017/0330 , CAE FFYNNON, HOLT ROAD, LLAN EXTENSIONS TO DWELLING GRANTED Y PWLL, WREXHAM, , LL13 9SA 17/07/2017

GRE P/2017/0351 20, SPRINGFIELD COURT, LIME TREE (T2) - CLEAR STEM UP TO 5 GRANTED GRESFORD, WREXHAM, LL12 8HY METRES TO CO-DOMINANT BRANCH TO 11/07/2017 IMPROVE LIGHT IN GARDEN (TPO WCBC NO 249)

WRA P/2017/0352 3, FFORDD GARMONYDD, SIDE AND REAR EXTENSIONS GRANTED WREXHAM, LL12 8JD 07/07/2017

LGC P/2017/0358 LAND WEST OF CAE PLAS TEG, OFF ERECTION OF 2 NO DETACHED REFUSED TYN Y CESTYLL ROAD, GLYN DWELLING AND NEW ACCESS 28/06/2017 CEIRIOG, WREXHAM, LL20 7NL

RUA P/2017/0362 ENGADINE, PENYCAE ROAD, ERECTION OF OUTBUILDING (PARTLY GRANTED RUABON, WREXHAM, LL14 6RH IN RETROSPECT) 11/07/2017 WRR P/2017/0363 63, PRICES LANE, WREXHAM, LL11 REMOVAL OF FRONT BOUNDARY GRANTED 2NB HEDGE AND LOWERING OF KERB TO 07/07/2017 CONSTRUCT VEHICULAR ACCESS AND PARKING AREA

BRY P/2017/0364 LAND EAST OF, QUEENS ROAD, VARIATION CONDITION 02 AND GRANTED , WREXHAM, LL11 5DY REMOVAL OF CONDITION 12 OF 28/06/2017 PLANNING PERMISSION P/2015/0268 TO SUBSTITUTE APPROVED SITE PLAN FOR AMENDED SITE PLAN AND REMOVE REQUIREMENT FOR THE CONSTRUCTION OF A 2 METRE WIDE FOOTWAY ALONG THE SITE FRONTAGE

GWE P/2017/0365 COURT HEY, 3 HILLCREST TWO-STOREY EXTENSION REFUSED COTTAGE, CEFN Y BEDD, 28/06/2017 WREXHAM, LL12 9US

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

GRE P/2017/0366 18, SPRINGFIELD COURT, LIME TREE (T1) - CLEAR STEM UP TO 5 GRANTED GRESFORD, WREXHAM, LL12 8HY METRES TO CO-DOMINANT BRANCH TO 11/07/2017 IMPROVE ACCESS TO SHED AND LIGHT TO GARDEN (TPO NO 249)

GWE P/2017/0375 PENDINE PARK CARE HOME, CONVERSION OF FORMER KITCHEN AT GRANTED SUMMERHILL ROAD, , BODLONDEB TO 1 NO. BEDROOM 07/07/2017 WREXHAM, LL11 4YE

WRR P/2017/0377 34, FFORDD ESTYN, WREXHAM, LL11 TWO-STOREY REAR EXTENSION GRANTED 2SU, 11/07/2017

WRC P/2017/0381 26, BENJAMIN ROAD, WREXHAM, CHANGE OF USE OF FRONT LIVING GRANTED LL13 8EE, ROOM TO NAIL AND BEAUTY SALON (IN 07/07/2017 RETROSPECT)

OVE P/2017/0388 ROCWOOD LTD, LIGHTWOOD CONSTRUCTION OF CANOPY OVER GRANTED GREEN INDUSTRIAL ESTATE, EXISTING LOADING / UNLOADING BAY 11/07/2017 STATION ROAD, OVERTON, WREXHAM, LL13 0HU

WRR P/2017/0391 15 - 17, GROSVENOR ROAD, APPLICATION FOR WORKS TO TREES GRANTED WREXHAM,, LL11 1BW (T3, T4, T5) PROTECTED BY TREE 18/07/2017 PRESERVATION ORDER NO. WMBC 11 - (SEE ATTACHED SCHEDULE)

WRO P/2017/0393 36, TREM YR EGLWYS, WREXHAM, LIME TREE (T1) - CROWN RAISE AND GRANTED LL13 7QE, CLEAR STEM TO PROVIDE 7M 18/07/2017 CLEARANCE, CROWN THIN BY 15% AND REMOVE DEADWOOD AND CROWN CLEAN. LIME TREE (T2) - CROWN RAISE AND CLEAR STEM TO 7M, 10% CROWN THIN, REMOVE IDENTIFIED LIMB AND REDUCE ADJACENT BRANCHES TO SUIT FORM AND TO INCREASE CLEARANCE FROM T1 (PROTECTED BY TPO WCBC NO 261, 2016)

CHI P/2017/0395 ROYSTON HOUSE, CHURCH PARTIAL DEMOLITION OF SITE GRANTED STREET, CHIRK, WREXHAM, LL14 BOUNDARY WALL TO INCREASE 07/07/2017 5HA VEHICULAR ACCESS (WITHIN CHIRK CONSERVATION AREA)

WRO P/2017/0402 THE COMMERCIAL, 11 COLLEGE LISTED BUILDING CONSENT FOR GRANTED STREET, WREXHAM, LL13 8LU CONVERSION OF GROUND FLOOR TO 2 28/06/2017 NO. SELF-CONTAINED APARTMENTS

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REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING - 31st JULY 2017

WRO P/2017/0403 THE COMMERCIAL, 11 COLLEGE CONVERSION OF GROUND FLOOR TO 2 GRANTED STREET, WREXHAM, LL13 8LU NO. SELF-CONTAINED APARTMENTS 28/06/2017

CHI P/2017/0407 FORMERLY KNOWN AS THE MILK SINGLE-STOREY REAR EXTENSION GRANTED BAR, CHURCH STREET, CHIRK, 07/07/2017 WREXHAM, LL14 5HA

MAR P/2017/0408 CLAY PIT COTTAGE, SONTLEY, DEMOLITION OF EXISTING DWELLING GRANTED WREXHAM, LL13 0YA AND OUTBUILDING AND ERECTION OF 28/06/2017 NEW REPLACEMENT TWO-STOREY DWELLING

ESC P/2017/0413 SERVICE STATION, SINGLE-STOREY SIDE EXTENSION TO GRANTED WREXHAM ROAD, RHOSTYLLEN, SHOP 07/07/2017 WREXHAM, LL14 4EJ

CHI P/2017/0417 HALTON COTTAGE, HALTON, CHIRK, REPLACEMENT CONSERVATORY AND GRANTED WREXHAM, LL14 5BG ALTERATIONS TO PITCH OF ROOF 07/07/2017

GRE P/2017/0420 LAND AT PLOT 12 B, QUARRY BROW, ERECTION OF DETACHED DWELLING GRANTED GRESFORD, WREXHAM, LL12 8SJ (AMENDMENT TO DESIGN OF 28/06/2017 PREVIOUSLY APPROVED HOUSE DETAILS)

HOL P/2017/0422 GOURTON HALL, HALL ERECTION OF REPLACEMENT DOUBLE GRANTED LANE, BORRAS, WREXHAM, LL13 GARAGE WITH REAR GARDEN / 28/06/2017 9SH MOTORBIKE STORE AND FIRST-FLOOR LOFT AREA

WRO P/2017/0423 2, BRIGHT STREET, WREXHAM, LL13 EXTENSION TO PROVIDE WC, GRANTED 7TN ERECTION OF COVERED CAR PORT, 03/07/2017 INCREASE IN HEIGHT OF WALL AND ERECTION OF DOUBLE GATES FRONTING HIGHWAY

WRO P/2017/0427 20, MAESGWYN ROAD, WREXHAM, CONVERSION TO 2 NO. SELF GRANTED LL11 2AP CONTAINED APARTMENTS TOGETHER 03/07/2017 WITH REAR EXTERNAL STAIRCASE

HOL P/2017/0430 THE GABLES, SMITHFIELD STREET, REDUCE 2 LOWER LIMBS BACK TO GRANTED HOLT, WREXHAM, LL13 9YY NEIGHBOURING BOUNDARY (WITHIN 18/07/2017 HOLT CONSERVATION AREA)

WRO P/2017/0431 54, ALEXANDRA ROAD, WREXHAM, TWO-STOREY REAR EXTENSION GRANTED LL13 7SH 03/07/2017

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GRE P/2017/0434 43, BODWYN CRESCENT, WREXHAM, ERECTION OF OUTBUILDING (IN GRANTED LL12 8NQ, RETROSPECT) 03/07/2017

PEN P/2017/0436 26, TREM Y BERWYN, PEN Y CAE, TWO-STOREY SIDE EXTENSION AND GRANTED WREXHAM, LL14 2SF RE-LOCATION OF EXISTING GARAGE 28/06/2017 TO DRIVEWAY

RHO P/2017/0437 LAND NORTH OF, 8 GRANGO LANE, APPLICATION FOR VARIATION OF GRANTED , WREXHAM, LL14 1ER CONDITION NO. 1 IMPOSED UNDER 03/07/2017 PLANNING PERMISSION P/2012/0364 TO ALLOW A FURTHER 5 YEARS FOR COMMENCEMENT OF DEVELOPMENT (ERECTION OF 4 NO. DETACHED TWO- STOREY DWELLINGS WITH INTEGRAL GARAGES)

MIN P/2017/0438 39, BRYN HYFRYD, , TWO-STOREY SIDE EXTENSION GRANTED WREXHAM, LL11 3YB 28/06/2017

RUA P/2017/0443 BRYN LLAWENYDD, PEN Y LAN, ERECTION OF FIELD SHELTER FOR GRANTED RUABON, WREXHAM, LL14 6HW HORSE (IN RETROSPECT) ON LAND 11/07/2017 SOUTH OF BRYN LLAWENYDD

WRA P/2017/0447 28, RICHMOND ROAD, WREXHAM, REAR EXTENSION, MINOR INTERNAL GRANTED LL12 8AB ALTERATIONS AND DEMOLITION OF 04/07/2017 GARAGE

BRN P/2017/0456 BAY TREE FARM, MILL ROAD, EXTENSION TO STABLE BLOCK GRANTED , WHITCHURCH, 07/07/2017 WREXHAM, SY13 3HJ

WRA P/2017/0457 31, GOULBOURNE AVENUE, SINGLE-STOREY EXTENSION TO GRANTED WREXHAM, LL13 9HQ FRONT OF HOUSE TO FORM 07/07/2017 WC/CLOAKROOM

WRO P/2017/0458 BAY TREE HOUSE CARE HOME, 99, EXTENSIONS TO EXISTING CARE HOME REFUSED NORMAN ROAD, WREXHAM, LL13 TO PROVIDE ADDITIONAL HABITABLE 10/07/2017 7BG AREAS

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ABE P/2017/0462 SPI GLOBAL PLAY LTD, UNIT C, APPLICATION FOR VARIATION OF GRANTED SPECTRUM BUSINESS PARK, CONDITION NO. 1 IMPOSED UNDER 11/07/2017 WREXHAM, LL13 9QA PLANNING PERMISSION P/2012/0464 TO ALLOW ADDITIONAL 3 YEARS FOR COMMENCEMENT OF DEVELOPMENT

ROS P/2017/0471 REDBURN, ROSEMARY LANE, OUTLINE APPLICATION FOR THE REFUSED BURTON, WREXHAM, LL12 0LA ERECTION OF ONE DWELLING 13/07/2017

BRO P/2017/0474 LAND ADJOINING, ROSLYN, 7 ROSE APPLICATION FOR VARIATON OF GRANTED HILL, BRYNTEG, WREXHAM, LL11 CONDITION NO. 1 IMPOSED UNDER 13/07/2017 6LL PLANNING PERMISSION P/2011/0922 TO ALLOW EXTENSION TO PERIOD BEDFORE COMMENCEMENT OF DEVELOPMENT

ISY P/2017/0478 DIAMOND HOUSE FARM, , BOWLING DEMOLITION OF EXISTING LIVESTOCK GRANTED BANK, WREXHAM, LL13 9RL BUILDING, EXTENSION TO EXISTING 13/07/2017 PORTAL FRAMED BUILDING TO PROVIDE NEW PARLOUR, COLLECTION YARD AND GENERAL PURPOSE STORAGE AND LIVESTOCK HOUSING

BRN P/2017/0484 EXISTING AGRICULTURAL BUILDING, APPLICATION FOR PRIOR GRANTED LAND AT, ISCOYD, WHITCHURCH, NOTIFICATION OF PROPOSED 11/07/2017 WREXHAM, SY13 3AZ AGRICULTURAL BUILDING EXTENSION

RUA P/2017/0487 JAMES PARK COTTAGE, 19 APPLICATION FOR APPROVAL OF GRANTED WYNNSTAY COURT, WYNNSTAY DETAILS RESERVED BY CONDITION 29/06/2017 HALL ESTATE, RUABON, WREXHAM, IMPOSED UNDER PLANNING APPEAL LL14 6LA REF NUMBER APP/H6955/A/16/3157137: CONDITION 2 - FULL DETAILS OF THE REPLACEMENT WINDOWS TO BE INSTALLED

RUA P/2017/0488 JAMES PARK COTTAGE, 19 APPLICATION FOR APPROVAL OF GRANTED WYNNSTAY COURT, WYNNSTAY DETAILS RESERVED BY CONDITION 29/06/2017 HALL ESTATE, RUABON, WREXHAM, IMPOSED UNDER PLANNING APPEAL LL14 6LA REF NUMBER APP/H6955/A/16/3157135: CONDITION 2 - FULL DETAILS OF THE REPLACEMENT WINDOWS TO BE INSTALLED

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WOR P/2017/0515 LAND ADJOINING AND EAST OF, APPLICATION FOR A NON-MATERIAL GRANTED TAWELFA, TALLARN GREEN ROAD, AMENDMENT TO PLANNING 30/06/2017 TALLARN GREEN, MALPAS, PERMISSION P/2015/0581 TO ADD PV WREXHAM, SY14 7LL PANELS TO ROOF AND AMEND SIZE AND NUMBER OF VELUX ROOF WINDOWS

ESC P/2017/0528 HIGHFIELD, WREXHAM ROAD, APPLICATION FOR APPROVAL OF GRANTED , WREXHAM, LL14 DETAILS RESERVED BY CONDITION 30/06/2017 1PE IMPOSED UNDER PLANNING PERMISSION P/2017/0326: CONDITION 3 - SAMPLES OF ALL EXTERNAL FACING MATERIALS

HOL P/2017/0549 CAE FFYNNON, HOLT ROAD, LLAN Y APPLICATION FOR APPROVAL OF GRANTED PWLL, WREXHAM, LL13 9SA DETAILS RESERVED BY CONDITION 14/07/2017 IMPOSED UNDER PLANNING PERMISSION CODE NO P/2017/0133: CONDITION 9 - DETAILS OF THE PROPOSED REASONABLE AVOIDANCE MEASURES (RAMs)

BRN P/2017/0568 LAND OFF, NEW HALL LANE, APPLICATION FOR A NON-MATERIAL GRANTED BRONINGTON, WREXHAM, SY13 AMENDMENT TO PLANNING 14/07/2017 3HE PERMISSION P/2014/0118 TO ALLOW AMENDMENTS TO DESIGN/LAYOUT OF BUNGALOW

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