(Public Pack)Agenda Document for Planning Committee, 01/09/2014

Public Document Pack

Head of Corporate and Customer Services/ Pennaeth Gwasanaethau Cwsmeriaid a Chorfforaethol Trevor Coxon LLB (Hons) Birm Solicitor

Guildhall, Wrexham, LL11 1AY Neuadd y Dref, Wrecsam, LL11 1AY DX: 721924 - WREXHAM 4 Fax/Ffacs: 01978 292207 BT Text Phone: 01978 292067 www.wrexham.gov.uk www.wrecsam.gov.uk

Your Ref/Eich Cyf Our Ref/Ein Cyf Date/Dyddiad Tuesday, 26 August 2014 Ask for/Gofynner am Ken Bickerton Direct Dial/Rhif Union 01978 292242 E-mail/E-bost [email protected]

Dear Councillor

You are requested to attend a MEETING of the PLANNING COMMITTEE of Wrexham County Borough Council to be held in the COUNCIL CHAMBER, GUILDHALL, WREXHAM on MONDAY, 1 SEPTEMBER 2014 at 6.30 pm for the transaction of the business specified in the Agenda overleaf.

Yours faithfully

Head of Corporate and Customer Services

WEBCASTING NOTICE

This meeting will be filmed for live and subsequent broadcast on the Council's website or may be used for training purposes within the Council. The whole of the meeting will be filmed, except those items which are deemed to be exempt by virtue of Part 4 of Schedule 12A to the Local Government Act 1972 (as amended). The footage will be retained on the Council’s website for 6 months.

Generally the public seating areas are not filmed. However, by entering the Chamber you are consenting to being filmed and to the possible use of those images and any sound recordings for webcasting and/or training purposes. Parents or guardians accompanying a minor aged 16 years or younger are also deemed to have given consent to the possible capture of their image.

If you have any queries regarding this, please contact the Committee Officer, Ken Bickerton on 292242.

A G E N D A

1 Apologies for Absence

2 Confirmation of Minutes To receive and confirm the Minutes of the following meetings:

(i) Planning Committee held on 28 July 2014 (Pages 3 – 27) (ii) Planning Committee held on 8 August 2014 (Pages 29 - 45)

3 Declarations of Personal Interest, if any

4 Development Control Applications To consider the report of the Head of Community Wellbeing and Development (Pages 47 - 212)

5 Chirk Conservation Area - Proposed Boundary Amendments, Character Assessment and Management Plan and Introduction of new Article 4(2) Direction To consider the report of the Head of Community Wellbeing and Development (Pages 213 - 292)

6 Handling of Planning Applications - Quarterly Statistics To consider the report of the Head of Community Wellbeing and Development (Pages 293 - 294)

7 Any other items which the Chair decides are urgent

TO: MEMBERS OF THE PLANNING COMMITTEE

Councillor Andrew Bailey Councillor M G Morris (Chair) “ I David Bithell, MBE “ Paul Pemberton “ Mike Edwards (Vice-Chair) “ Ronnie Prince “ Terry Evans “ John Pritchard “ A Keith Gregory “ Mrs J M B Roberts “ D J Griffiths “ Graham Rogers “ Kevin Hughes “ Paul Rogers “ J A Kelly KSG “ Barbara Roxburgh “ David Kelly “ Malcolm Taylor “ Bernie McCann “ Andy Williams

Agenda Item 2

MINUTES OF A MEETING OF THE PLANNING COMMITTEE HELD IN COUNCIL CHAMBER GUILDHALL ON MONDAY, 28 JULY 2014

MEMBERS

Councillor M G Morris, Chair Councillor Mike Edwards, Vice-Chair

Councillor Andrew Bailey Councillor Paul Pemberton “ I David Bithell, MBE “ Ronnie Prince “ Terry Evans “ John Pritchard “ * A Keith Gregory “ Mrs J M B Roberts “ D J Griffiths “ * Graham Rogers “ Kevin Hughes “ Paul Rogers “ J A Kelly KSG “ Barbara Roxburgh “ David Kelly “ * Malcolm Taylor “ Bernie McCann “ Andy Williams

*Absent

Also Present – Councillors O Arfon Jones, Mrs J M Lowe and Steve Wilson

15 APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors A Keith Gregory, Graham Rogers and Malcolm Taylor.

16 CONFIRMATION OF MINUTES

The Minutes of the Meetings held on 7 July 2014 and 18 July 2014 were submitted.

RESOLVED – That the Minutes of the Meetings held on 7 July 2014 and 18 July 2014 be received and confirmed as a correct record.

17 DEMOLITION OF FORMER SUNDAY SCHOOL ROOM, CONVERSION OF CHAPEL TO 4 NO. DWELLINGS AND FORMATION OF NEW ACCESS AT SION CHAPEL, BANK STREET, PONCIAU, WREXHAM (APPLICATION CODE NO. P/2014/0200)

The Head of Community Wellbeing and Development submitted a report (HCWD/24/14 pages 25 – 34) together with a further addendum report in respect of the above-mentioned application.

RESOLVED – That a Site Visit be arranged for Members of the Committee to view the application site prior to determination of the application by the Committee.

Reason for Visit: To consider the proposed means of access and egress from the site.

Page 3

18 OUTLINE APPLICATION FOR THE ERECTION OF 20 DWELLINGS AND FORMATION OF NEW VEHICULAR AND PEDESTRIAN ACCESS FROM CHESTNUT COURT ON LAND SOUTH OF CHESTNUT COURT, SUMMERHILL ROAD, SUMMERHILL, WREXHAM (APPLICATION CODE NO. P/2014/0262)

The Head of Community Wellbeing and Development submitted a report (HCWD/24/14 pages 35 – 52) together with a further addendum report in respect of the above-mentioned application.

Mr Ian Parry (representing local residents) spoke against the application. Mr Nigel Thorns (agent) spoke in support of the application.

RESOLVED – That a Site Visit be arranged for Members of the Committee to view the application site prior to determination of the application by the Committee.

Reason for Visit: To consider the impact of the proposed development upon the Green Barrier and settlement pattern.

19 OUTLINE PLANNING APPLICATION FOR THE ERECTION OF DETACHED THREE-BEDROOM DWELLING AND ASSOCIATED EXTERNAL WORKS AT 24 GREEN ROAD, BRYMBO, WREXHAM (APPLICATION CODE NO P/2014/0306)

The Head of Community Wellbeing and Development submitted a report (HCWD/24/14 pages 53 – 59) together with a further addendum report in respect of the above-mentioned application.

RESOLVED – That a Site Visit be arranged for Members of the Committee to view the application site prior to determination of the application by the Committee.

Reason for Visit: To consider the proposed means of access and its relationship with adjoining development.

20 ERECTION OF SINGLE DWELLING AND CREATION OF NEW PEDESTRIAN AND VEHICULAR ACCESS ON LAND SOUTH OF BARN COTTAGE, HOLT ROAD, BOWLING BANK, WREXHAM (APPLICATION CODE NO P/2014/0417)

The Head of Community Wellbeing and Development submitted a report (HCWD/24/14 pages 124 – 132) together with a further addendum report in respect of the above-mentioned application.

RESOLVED – That a Site Visit be arranged for Members of the Committee to view the application site prior to determination of the application by the Committee.

Reason for Visit: To consider the proposed scale and siting of the dwelling, the impact upon trees and means of foul water disposal.

Page 4 21 DEVELOPMENT CONTROL APPLICATIONS

The Head of Community Wellbeing and Development submitted a report (HCWD/24/14) for Members’ consideration of planning applications and attention was drawn to his addendum report where relevant. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0345 Hollybrook House, Bottom 16/05/2014 Road, Summerhill, Wrexham, COMMUNITY: LL11 4TR CASE OFFICER: Gwersyllt JS DESCRIPTION: WARD: Replacement Stable Block AGENT NAME: Gwersyllt North G Raymond Jones & APPLICANT(S) NAME: Associates Mrs S Jones Mr M Davies

______P/2014 /345 RESOLVED - That permission be GRANTED.

Conditions

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) and as contained within the application documentation. 3. The stable building shall be positioned no closer than 3 metres to the centreline of the existing highway boundary/hedge. 4. A hedgerow of native species shall be provided/maintained along the highway boundary to the site within the points marked A to B as shown on the approved Block Plan, and this boundary feature shall be allowed to grow and not be allowed to fall below a height less than 2 metres above the adjacent road surface. 5. The stables hereby approved shall not be used for any commercial or business purposes.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure that the building is set back off the boundary with the highway, in the interests of the visual amenities of the area. 4. To ensure that the building is adequately screened, in the interests of visual amenities of the area. 5. To ensure that the use of the access that serves the building is restricted to non-commercial or business purposes only due to the design constraints of

Page 5 the existing access.

Notes to Applicant

1. Standard advice from Cyfoeth Naturiol Cymru/Natural Resources Wales is applicable and a copy is enclosed as part of this Decision Notice. You are advised that this permission for the stables does not authorise the use of the adjacent land for uses which are not agricultural. 2. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 hours and 18.00 hours Monday to Friday, and 08.00 hours to 14.00 hours on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary, have the potential to cause unreasonable disturbance to neighbouring premises. 3. 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. 4. 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 telephone number 01978 315300. 5. There should be no burning of manure and soiled horse bedding at the site. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0360 Knolton Farmhouse Cheese 20/05/2014 Ltd, Oswestry Road, Overton, COMMUNITY: Wrexham, CASE OFFICER: Overton LL13 0LG MP

DESCRIPTION: AGENT NAME: WARD: Extension to existing Dairy By- Andy Foster Architects Overton Products Building to house Mr Randal Turner Milk Dryer Unit, Storage and other Ancillary Uses and new Car Park

APPLICANT(S) NAME: Mr Jonathan Latham, Knolton Farmhouse Cheese ______

Ms. Penelope Coles (representing Overton Community Council) spoke against the application. Mr Stuart Latham (representing applicant) spoke in support of the application.

RESOLVED - That permission be GRANTED.

Page 6 Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until 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. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. Within three months of commencement of development, a tree planting scheme for the area of proposed new planting shown on approved Drawing No. 331/11 Revision A shall be submitted to and approved, in writing, by the Local Planning Authority. 5. The tree planting scheme submitted and approved in connection with Condition No.4 shall be implemented in the first planting season following the first use of the car park shown on approved Drawing No. 331/11 Revision A. Thereafter, any tree that becomes severely damaged or seriously diseased, is in a poor physiological condition and/or is removed shall be replaced by a tree of the same species as that originally planted within the next available planting season. 6. The car park shown on approved Drawing No. 331/11 Revision A shall not be lit by any other means other than bollards with low level lighting as shown on that drawing. 7. Prior to first use of the development hereby approved, the vehicular access shall provide visibility splays of 2.4 metres x 113 metres to the south-west and 2.4 metres x 105 metres to the north-east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 8. The rating level of any noise generated by air handling plant associated with the development, shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. 9. The milk drying plant shall not be brought into use until dust and odour control systems have been installed, in accordance with details that have first been submitted to and approved, in writing, by the Local Planning Authority. Odour and dust control systems shall thereafter be retained and maintained in an operational condition.

Reasons

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

Page 7 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To protect the amenities of the occupiers of nearby properties. 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. 8. To protect the amenities of the occupiers of nearby properties. 9. To protect the amenities of the occupiers of nearby properties.

Notes to Applicant

1. 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. 2. 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. 3. 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 telephone number 01978 315300. 4. 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. 5. To prevent offences under the above named Acts, there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on telephone number 01978 315300 for further advice and information. 6. 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 telephone number 01978 315300 for further advice and information.

Page 8 ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0373 16-18 Grosvenor Road, 23/05/2014 Wrexham, LL11 1BU COMMUNITY: CASE OFFICER: Rhosddu DESCRIPTION: MP Demolition of No.18 WARD: Grosvenor Road and AGENT NAME: Grosvenor conversion and extension of Wynn Rogers Cyf No.16 Grosvenor Road to Mr Bryn Colborne provide 20 No. extra Care Apartments.

APPLICANT(S) NAME: Mr & Mrs Mario & Gill Kreft Pendine Park Care Organisation ______

Mr Mario Kreft (applicant) had given notice of his intention to speak in support of the application but was not present at the meeting.

RESOLVED - That permission be GRANTED.

Conditions

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 2 Revision i, 7 Revision B, 8, 9a, 10a, 11a and 12 Revision A and contained within the application documentation. 3. 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. 4. With the exception of the demolition of No.18 Grosvenor Road, no part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site, indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved, in writing, by the Local Planning Authority. The scheme, as approved, shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 5. No part of the development shall commence until 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,

Page 9 shall be fully implemented for the entire duration of the construction phase. 6. With the exception of the demolition of No.18 Grosvenor Road, no development shall take place until a Service and Delivery Management Plan has been submitted to and approved, in writing, by the Local Planning Authority. The Service and Delivery Management Plan shall include (but not be limited to) the arrangements to be put in place for the collection of refuse from the site. The site shall thereafter operate in strict accordance with the Service and Delivery Management Plan as approved. 7. 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. 8. No new or replacement windows or doors shall be installed until drawings to scale 1:5 and 1:20, fully detailing all new or replacement windows and doors, have been submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads etc, method of opening and glazing type. Windows and doors shall thereafter only be installed in strict accordance with such details as are approved. 9. Within three months of commencement of development, full details of a Hard and Soft Landscaping Scheme, together with a timescale for implementation of works, shall be submitted to and approved, in writing, by the Local Planning Authority. 10. The Landscaping Scheme submitted and approved in connection with Condition No.9 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 11. The vehicular parking and turning areas, as shown on approved Drawing(s) No(s). 2 Revision I, shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction and made available solely for the parking and turning of motor vehicles at all times. 12. Prior to first use of the development hereby approved, the south-western vehicular access shall provide visibility splays of 2.4 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 13. 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. 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. Prior to the first occupation/use of the development, the existing centrally located access from the site onto Grosvenor Road shall be permanently closed to vehicular traffic in accordance with details that shall first have been submitted to and approved, in writing, by the Local Planning Authority. 16. No part of the development shall be occupied/used until measures have been

Page 10 put in place to clearly identify that the north-western access is to be used for entry only and the south-western access is to be used for egress only in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be permanently retained. 17. No part of the development shall be occupied/used until security measures in respect of the pedestrian link between the site and King Street have been put in place in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The measures put in place shall thereafter be permanently retained. 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 gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2 19. The occupancy of the apartments hereby granted planning permission shall be restricted to: a) a person aged 55 years or over and to any spouse, civil partner or dependant relative of that person; b) a person of any age with a personal care plan (care provided by a personal care team on site) by reason of heath or social need and to any spouse, or civil partner, or dependant relative of that person.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. In the interests of the amenity of the future occupiers of the development. 4. 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. 5. To protect the amenities of the occupiers of nearby properties. 6. To ensure adequate arrangements are in place to allow for the servicing of the site. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to preserve the character of the Conservation Area. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 12. To ensure that adequate visibility is provided at the proposed point of access to the highway. 13. To ensure that no deleterious material is carried onto the highway, in the

Page 11 interests of highway safety. 14. In the interests of highway safety. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. In the interests of the safety and security of the site and its occupiers. 18. In the interests of highway safety. 19. To ensure the development does not place undue pressure on local education and public open space provision.

Notes to Applicant

1. 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. 2. In light of the Welsh Government's forthcoming removal of the requiment for developments to comply with the Code for Sustainable Homes, effective 1 August 2014, no such requirement has been imposed on this permission. 3. 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. 4. 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. 5. To prevent offences under the above named Acts, there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on telephone number 01978 315300 for further advice and information. 6. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures.

Page 12 · Coal mining subsidence. · Water emissions from coal mine workings. 7. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. 8. Potential hazards or impacts may not necessarily be confined to the development site, and applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example, the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. 9. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. 10. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. 11. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on telephone number 0845 762 6848 or at www.groundstability.com

(Councillor Bernie McCann declared a personal and prejudicial interest in this matter pursuant to the Council’s Code of Conduct for Members, as his son worked for the Pendine Park Care Organisation, and left the Meeting whilst the application was being considered).

______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0374 16-18 Grosvenor Road, 23/05/2014 Wrexham, LL11 1BU COMMUNITY: CASE OFFICER: Rhosddu DESCRIPTION: MP Demolition of No.18 WARD: Grosvenor Road (within a AGENT NAME: Grosvenor Conservation Area) Wynn Rogers Cyf Mr Bryn Colborne

Page 13 APPLICANT(S) NAME: Mr & Mrs Mario & Gill Kreft Pendine Park Care Organisation ______P/2014 /0374 RESOLVED - That Conservation Area Consent be GRANTED.

Conditions

1. The works hereby granted consent shall be commenced before the expiry of five years from the date of this consent. 2. The building shall not be demolished until a copy of a Contract for the carrying out of the works of redevelopment of the site has been submitted to and approved, in writing, by the Local Planning Authority.

Reasons

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. To ensure that redevelopment of the site takes place immediately following demolition of the existing building, thereby ensuring that an unattractive gap does not exist in the street scene to the detriment of the character and appearance of the area.

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0381 Penny Black, Abbot Street, 19/05/2014 Wrexham, LL11 1TA COMMUNITY: CASE OFFICER: Offa DESCRIPTION: MP Erection of balcony for use in WARD: connection with existing Bar / AGENT NAME: Brynyffynnon Restaurant (in retrospect) Blueprint Architectural Services Ltd APPLICANT(S) NAME: Penny Black ______P/2014 /0381 RESOLVED - That permission be GRANTED.

Page 14

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0383 68 Wynnstay Lane, Marford, 27/05/2014 Wrexham, LL12 8LH COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: MP Single-storey extension with WARD: balcony AGENT NAME: Marford & Hoseley Caer Designs APPLICANT(S) NAME: Miss Cathy Owen Mrs Katherine Richards ______P/2014 /0383 RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. No part of the balcony shall be used until the extension, shown on approved Drawings PL02 Revision C and PL03 Revision B, has been completed. 4. No part of the balcony shall be used until the 1.8 metre high glazed screens, as shown on approved Drawings PL02 Revision C and PL03 Revision B, have been fully installed. The screens shall thereafter be permanently retained at that height and in the positions shown on the aforementioned plans and shall only be glazed or re-glazed using obscure glass.

Reasons

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

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0410 Tomlinsons Dairies, Five 27/05/2014 Crosses Industrial Estate, COMMUNITY: Minera, Wrexham, LL11 3RD CASE OFFICER: Minera JS DESCRIPTION: WARD: Erection of industrial building AGENT NAME: Minera to be used for blow moulding Haston Reynolds Ltd of poly milk bottles and Mr D Haston associated service, silos,

Page 15 hardstanding, car parking, ground modelling and landscaping

APPLICANT(S) NAME: PN & JA Tomlinson ______

Mr Alan R deBolla (resident) spoke against the application. Mr David Haston (Agent) spoke in support of the application.

The Planning Control Manager recommended that, if the Committee was minded to grant permission, the hard and soft landscaping scheme as proposed by condition no. 14 be amended to include bunding on the north-west boundary of the site to create a stronger noise attenuation measure on that boundary. This was agreed by the Committee.

The Local Member (Councillor David Kelly) commented that the proposed development would replace an extant planning permission for an alternative bottling and storage of milk development and associated services on the site. He indicated his support for the application as, in his opinion, the requirement for the applicant to submit a satisfactory BS4142 noise assessment together with the imposition of appropriate conditions, would provide an opportunity to reduce noise levels emanating from the site to the benefit of occupiers of nearby residential properties. He also requested that he be consulted on the proposed site management scheme to control noise levels from the site, prior to its approval by the Local Planning Authority.

During consideration of the application a Member commented on the potential for the emission of odours arising from the production of poly bottles on site. The Committee agreed that the Planning Control Manager requests additional information from the applicant on this matter and a further condition to control the emission of odour from the site be included, if appropriate.

RESOLVED – That, subject to the completion of a satisfactory Noise (4142) Assessment and appropriate odour control measures if required, the Head of Community Wellbeing and Development be given delegated authority to GRANT permission, subject to the conditions specified below with such amendments and/or additional conditions as he considers necessary.

Conditions

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), and as contained in the application documentation. 3. The premises shall be used for the manufacture and storage of plastic bottles only for the adjoining dairy, and shall not be used for any other purposes including any use within Class B2 of the Town and Country Planning (Use

Page 16 Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment). For the avoidance of doubt, the ‘adjoining dairy’ includes the existing dairy use within the blue line as contained within the application documents, and the nearby Pen y Palmant farm dairy building as identified as part of the planning permission of Code No. 22611, dated 19 October 1994, and no other dairies. 4. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation, and the silos shall be the same colour as the colour scheme, as specified for the walls of the building. 5. The vehicular parking and turning areas, as shown on the approved drawing(s), shall be fully laid out, surfaced and drained prior to the first use of the development. These areas shall thereafter be permanently retained and kept free of obstruction, and made only available for the parking and turning of vehicles at all times. 6. The rating level of any noise generated by reason of this development, shall not exceed pre-existing background noise levels by more than 5 dB(A) at any time. The noise levels shall be determined to the nearest noise sensitive premises and measurements and assessment shall be made in accordance with BS4142:1997 Method or Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. 7. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 8. Before the building becomes operational for the first time, details of a Management Plan to consider proposed outdoor working practices in relation to controlling potential sources of noise and disturbance for the hours outside 07.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, as identified by an area of hatching on the approved plans, shall be submitted to and approved, in writing, by the Local Planning Authority. The plan, as subsequently approved in connection with this Condition, shall be fully implemented at the site in accordance with an agreed timetable to be submitted as part of the plan. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. 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. Within 3 months of commencement of development, a scheme of external lighting shall be submitted to and approved, in writing, by the Local Planning Authority. The lighting, as is approved, shall be installed in strict accordance with the scheme, prior to first use of the development and shall thereafter be permanently retained in a fully operational condition. 12. 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.

Page 17 13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), no further development shall take place under Classes A, B and C of Schedule 2 Part(s) 8, other than the development hereby granted permission. 14. Within three months of commencement of development, full details of a Hard and Soft Landscaping Scheme, including bunding on the north-west boundary of the site, together with a five year Maintenance Plan and timescales for implementation of works shall be submitted to and approved, in writing, by the Local Planning Authority. 15. The planting scheme implemented in connection with Condition No.14 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority, shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 16. Prior to commencement of any works on site, the contractor shall give ten working days written notice, to the Local Planning Authority, of a meeting on site to review all work procedures, access routes, storage areas and tree protection measures. The procedures shall be submitted to and approved, in writing, by the Local Planning Authority and the development shall be carried out in strict accordance with the details as approved. 17. Within three months of the commencement of development, a Woodland Management Plan for the areas of woodland mix, as included as part of the Landscaping Plan, shall be submitted and approved by the Local Planning Authority to specify the long-term management objectives, management responsibilities and maintenance schedules for all areas to be planting as woodland, and those areas shall be managed and maintained in strict accordance with the Plan as approved. 18. There shall be no use of the development hereby permitted until the chiller units to the rear of the existing building have been replaced in accordance with a scheme to be approved, in writing, with the Local Planning Authority. 19. There shall be no use of the development hereby permitted until a site management scheme to regulate the operational activities on the application site has been submitted to and approved, in writing, by the Local Planning Authority. The on-site operations shall be carried out in strict accordance with such details as approved, unless otherwise agreed, in writing, by the Local Planning Authority. 20. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 21 No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of Condition No. 20 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority.

Page 18 Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. The site is outside settlement limits and this use was only considered acceptable because of the direct functional need for the development in connection with the adjacent dairy. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To provide for the parking and turning of vehicles within the site and to ensure that areas are adequately maintained for that purpose to reduce the need for vehicles to reverse within the site, or needing to park on the approach roads leading to the site. 6. To protect the amenities of the occupiers of nearby properties. 7. To protect the amenities of the occupiers of nearby properties. 8. To ensure that potential sources of noise/disturbance which fall outside the scope and control of Condition No.6 above are minimised for overlapping operational functions, as carried out within this part of the dairy site. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. To protect the amenities of the occupiers of nearby properties. 11. To minimise the risk of light spillage into adjacent areas, in the interests of the visual amenities of the area. 12. To ensure that the development fully complies with the appropriate policies and standards. 13. Due to the site location outside the settlement area, as currently defined, it is important to control development at the site and to ensure that the development does not prejudice the amenities of adjoining nearby properties. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure that the works on the site properly take account of the future health of the trees. 17. To ensure landscape features are properly considered and protected. 18. To control noise levels from the site, in the interests of residential amenity. 19. To control noise levels from the site, in the interests of residential amenity. 20. In the interests of the amenities of users of the buildings. 21. In the interests of the amenities of users of the buildings.

Notes to Applicant

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

Page 19 2. You should check carefully that the levels agreed as part of this permission are complied with. Any divergence from these levels is likely to invalidate your permission and could result in enforcement action which could require demolition of the building(s). 3. In connection with Condition No.8 above, you are advised to consider making use of alternative bleeping alarms for reversing vehicles within the site - perhaps by considering broadband or directional sound reversing alarms. 4. Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information". 5. The applicant is advised that compliance with Condition No.7 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. 6. 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 telephone number 01978 315300. 7. 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. 8. To prevent offences under the above named Acts, there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on telephone number 01978 315300 for further advice and information. 9. Applicants are advised that compliance with Condition No. 7 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 telephone number 01978 315300 for further advice and information. 10. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings.

Page 20 · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence . Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. 11. Potential hazards or impacts may not necessarily be confined to the development site, and applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example, the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. 12. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. 13. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. 14. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on telephone number 0845 762 6848 or at www.groundstability.com 15. The site is crossed by a 225mm public combined sewer with the site and you are advised that Welsh Water Dwr Cymru has rights of access under the Water Industry Act 1991 to this apparatus at all times and no building will be permitted within 3 metres either side of the centreline of the public sewer. 16. This permission does not make any assumptions about the capacity of the existing dairy site. 17. Further advice on compliance with Condition No.20 may be obtained by contacting the Council’s Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommneded that these works are also addressed in consultation with the Housing and

Page 21 Public Protection Department prior to commencement of works on site. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0412 GTX Karting, Rhosddu 04/06/2014 Industrial Estate, Main COMMUNITY: Road, Rhosrobin, CASE OFFICER: Gwersyllt Wrexham, LL11 4YL PF

WARD: DESCRIPTION: AGENT NAME: Gwersyllt East & South Change of use from P Miller Karting Track (Sui Generis) to B2 Industrial

APPLICANT(S) NAME: A Jones Clwyd Properties ______

RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the hours of 07.30 and 18.00 Monday to Friday and 07.30 to 13.00 on Saturdays and at no time on Sundays and Bank Holidays. 3. No machinery shall be operated and no process shall be carried out in the open on any part of the site. 4. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the amenities of the occupiers of nearby properties. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties.

Notes to Applicant

Page 22 2. 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. 3. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. 4. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. 5. Potential hazards or impacts may not necessarily be confined to the development site, and applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example, the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. 6. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. 7. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. 8. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on telephone number 0845 762 6848 or at www.groundstability.com

Page 23 9. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 hours and 18.00 hours Monday to Friday, and 08.00 hours to 14.00 hours on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary, have the potential to cause unreasonable disturbance to neighbouring premises. 10. 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. 11. 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. 12. 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 telephone number 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. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0415 Telecommunications Mast, 28/05/2014 Montgomery Road, Caia COMMUNITY: Park, Wrexham, LL13 8TE CASE OFFICER: Caia Park MP DESCRIPTION: WARD: Removal of existing 15 AGENT NAME: Queensway metre high monopole and WHP Wilkinson Helsby replacment with 17.4 Mr Damian Hosker metre monopole and antenna and installation of two additional equipment cabinets.

APPLICANT(S) NAME: Mr D Hosker Ctil ______

RESOLVED - That permission be GRANTED.

Condition

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

Page 24 Reason

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

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0431 Beirnfels, Talwrn Road 10/06/2014 Legacy, Wrexham, LL14 4ER COMMUNITY: CASE OFFICER: Esclusham DESCRIPTION: JS Proposed two storey side WARD: extension and single storey AGENT NAME: Ponciau rear extension Miss S Thomas

APPLICANT(S) NAME: Miss S Thomas ______P/2014 /0431 RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence, until samples of all external facing materials have been submitted to and approved, in writing, by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), no windows or other openings shall be inserted in any elevation of the building facing northwards. 4. Any works to the roof of the building to which this permission relates shall only be carried out in a precautionary manner to include the following: - Any weather boarding, hanging tiles, soffits, fascia and barge boarding shall be removed by hand, and - Should any bats be discovered all works on the building shall cease and Natural Resources Wales contacted for further advice. 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.

Reasons

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

Page 25 interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect named species/habitats/biodiversity which would otherwise be damaged / lost by the development hereby permitted. 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.

Notes to Applicant

1. In connection with Condition No. 5 above, you are advised to ensure that there is enough room for three cars to park clear of the highway and it is not possible to use this defined area for a caravan. 2. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 hours and 18.00 hours Monday to Friday, and 08.00 hours to 14.00 hours on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. 3. 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. 4. 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 telephone number 01978 315300. 5. 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. 6. To prevent offences under the above named Acts, there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0502 Ruabon Works, Former 10/07/2014 Flexsys Monsanto Site, COMMUNITY: Queen Street, Cefn Mawr, CASE OFFICER: Cefn Wrexham, LL14 3SL KH

WARD: DESCRIPTION: AGENT NAME:

Page 26 Llangollen Rural New community artwork Dallas Pierce Quintero and directional signage to Ltd direct and lead visitors to Ms J Quintero the World Heritage Site from Wimbourne Gate Car Park and new public seating

APPLICANT(S) NAME: Ms C Postle Wrexham County Borough Council ______P/2014 /0498 RESOLVED - That the Head of Community Wellbeing and Development be given delegated authority to GRANT permission, in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992, subject to the conditions specified below and following the expiry of the consultation period (6 August 2014) provided no significant new issues are raised during that period.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to the commencement of development, details of the material to be used for the fins to be used on the artwall, directional signage on the palisade fence on the north-eastern boundary of the Flexsys Site, and the wayfinders shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall be carried out strictly in accordance with the details as approved.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure the works reflect the character and status of the World Heritage Site.

Councillor M G Morris Chair

Page 27

MINUTES OF A MEETING OF THE PLANNING COMMITTEE HELD AT THE GUILDHALL, WREXHAM (FOLLOWING SITE VISITS) ON FRIDAY, 8 AUGUST 2014

MEMBERS

Councillor M G Morris, Chair Councillor Mike Edwards, Vice-Chair

Councillor Andrew Bailey Councillor Paul Pemberton “ * I David Bithell, MBE “ * Ronnie Prince “ * Terry Evans “ * John Pritchard “ * A Keith Gregory “ * Mrs J M B Roberts “ * D J Griffiths “ Graham Rogers “ Kevin Hughes “ Paul Rogers “ J A Kelly KSG “ Barbara Roxburgh “ * David Kelly “ * Malcolm Taylor “ Bernie McCann “ * Andy Williams

*Absent

Also Present – Councillor O Arfon Jones

22 APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors I David Bithell MBE, Terry Evans, D J Griffiths, David Kelly, Ronnie Prince, John Pritchard, Mrs J M B Roberts, Malcolm Taylor and Andy Williams.

23 OUTLINE APPLICATION FOR THE ERECTION OF 20 DWELLINGS AND FORMATION OF NEW VEHICULAR AND PEDESTRIAN ACCESS FROM CHESTNUT COURT, SUMMERHILL ON LAND SOUTH OF CHESTNUT COURT, SUMMERHILL ROAD, SUMMERHILL, WREXHAM (APPLICATION CODE NO P/2014/0262)

(Councillor O Arfon Jones was present as Local Member at the Guildhall, Wrexham, but had not attended the site visit)

The Head of Community Wellbeing and Development submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Local Member indicated his objection to the application as the proposed development was within an area designated as Green Barrier and would result in the permanent loss of Grade 3a agricultural land. With reference to the lack of a five year land supply within Wrexham, there were existing brownfield sites available for development locally and he queried the accuracy of the figures contained in the Joint Housing Land Availability Study (JHLAS). In addition, the need to increase the 5 year land supply should not override the need to take account of all other planning constraints and material considerations. In his opinion no overwhelming reasons had

Page 29 been put forward in the Committee report to justify the development of the site as an exceptional case. As the proposal was a clear departure from polices contained within the adopted Wrexham Local Development Plan, he suggested that permission be refused.

After hearing the views of Members it was

RESOLVED -

(i) That an obligation under Section 106 of the Town and Country Planning Act 1990 be required to provide for:-

(a) Two affordable houses; (b) The payment of financial contributions towards primary and secondary school provision in accordance with the formulae set out in Local Planning Guidance Note No. 27; (c) The establishment of a management company to secure the long term management and maintenance of on-site public open space.

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

(ii) Subject to the completion of the Section 106 obligation, the Head of Community Wellbeing and Development be given delegated authority to GRANT planning permission in accordance with the conditions specified below:

Conditions

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 No. 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. Submitted Drawing No’s CGL.2/TMJ-05 Revision D and CGL.2/TMJ-05 Revision E have been considered for illustration purposes. The granting of this permission should not be taking as implying approval for the layout shown on either of those drawings has been given or will be forthcoming. 5. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved, in writing, by the

Page 30 Local Planning Authority. No development or other operations shall take place, except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 6. 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. 7. 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. Development shall thereafter only take place in accordance with the Construction Traffic Management Plan as approved. 8. 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. 9. Development shall not commence until a scheme of remediation in respect of

Page 31 the presence of Japanese Knotweed within the site has been submitted to and approved, in writing, by the Local Planning Authority. Development shall thereafter only progress in accordance with the scheme as approved. 10. The submissions made in respect of Condition No.1 shall include details of the location and layout of vehicular parking and turning facilities. Vehicular parking and turning facilities for each dwelling shall be laid out, surfaced and drained in strict accordance with the details as are subsequently approved and thereafter permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 11. The submissions made in respect of Condition No.1 shall include full details of the siting and design of a pedestrian footpath link that shall be provided between the site and Summerhill Road together with a timetable for its construction. The footpath link shall thereafter be provided in strict accordance with the details as are approved. 12. The submissions made in respect of Condition No.1 shall include details of the two Bat Activity Surveys recommended in Section 5: Recommendations of the Cheshire Ecology Ltd Preliminary Bat Survey Report, together with details of how the findings of these Surveys have informed the final layout of the development and any scheme of mitigation/compensation as may be necessary. Where mitigation/compensation is deemed necessary, the development shall take place in strict accordance with the mitigation/compensation scheme as approved. 13. The site layout and landscaping details required by Condition No.1 shall include an area or areas of public open space together with a scheme that includes the following details: i) hard and soft landscaping of the open space area(s); ii) the timing of the construction and landscaping of the open space area(s); Public open space shall be provided on site in accordance with the scheme as approved and thereafter permanently retained. 14. Prior to first use of the development hereby approved, the vehicular access shall provide visibility splays of 2.4 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 15. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 16. This permission allows for a maximum of 20 dwellings to be built on the site.

Reasons

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. In the interests of the amenities of occupiers of neighbouring properties and the protection of existing trees.

Page 32 5. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 6. To ensure satisfactory drainage of the site and to avoid flooding. 7. In the interests of highway safety. 8. To protect the amenities of the occupiers of nearby properties. 9. To remove and control the spread of an invasive species. 10. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 11. To ensure adequate provision is made for pedestrian access to the development. 12. In order to protect wildlife interests, which are afforded special protection. 13. In the interests of the appearance of the development and the standard of amenity afforded to future occupiers. 14. To ensure that adequate visibility is provided at the proposed point of access to the highway. 15. To protect the amenities of the occupiers of nearby properties. 16. In the interests of the standard of amenity afforded to the occupiers of nearby properties, the appearance of the area and in the interests of protecting trees that contribute significantly to the visual amenities of the area.

Notes to Applicant

1. In light of the Welsh Government's forthcoming removal of developments to comply with the Code for Sustainable Homes, effective 1 August 2014, no such requirement has been imposed on this permission. 2. 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 telephone number 01978 315300. 3. 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. 4. To prevent offences under the above named Acts, there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on telephone number 01978 315300 for further advice and information. 5. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or

Page 33 occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. 6. Potential hazards or impacts may not necessarily be confined to the development site, and applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example, the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. 7. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. 8. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. 9. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on telephone number 0845 762 6848 or at www.groundstability.com

(iii) That, if the Section 106 obligation is not completed within six months of the date of the Committee resolution, the Head of Community Wellbeing and Development be given delegated authority to REFUSE the application for the following reasons:-

Reasons

1. No contribution has been made towards the provision of additional primary

Page 34 and secondary education facilities. Without this additional provision existing schools do not have sufficient capacity to cater for the development. As such the development does not accord with policy GDP2 of the Wrexham Unitary Development plan. 2. The development makes inadequate provision for the long term maintenance of on-site open space and as such does not accord with policies GDP1 and CLF5 of the Wrexham Unitary Development Plan.

24 OUTLINE APPLICATION FOR THE ERECTION OF DETACHED THREE- BEDROOM DWELLING AND ASSOCIATED EXTERNAL WORKS AT 24 GREEN ROAD, BRYMBO, WREXHAM (APPLICATION CODE NO. P/2014/0306)

The Head of Community Wellbeing and Development submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Local Member (Councillor Paul Rogers) indicated his objection to the application as, in his opinion, Green Road could not accommodate further development due to it being devoid of footways and its carriageway was of a substandard width. In addition, the absence of a turning facility within the site to allow for forward egress, would result in vehicles reversing into on-coming traffic along the adjoining highway to the detriment of vehicular and pedestrian safety at this location. Therefore, he suggested that the application be refused.

The Committee concurred with the views expressed by the Local Member.

RESOLVED - That permission be REFUSED

Reasons

1 The proposed development will result in the increased use of a substandard access onto Green Road. Despite the proposed highway improvements, the Council consider the absence of a turning facility within the site to allow for forward egress will result in vehicles reversing blind into on-coming traffic along the adjoining highway. To allow the proposed development will therefore be contrary to Wrexham UDP Policy GDP1 (d). 2 Green Road is devoid of footways and of substandard carriageway width, incapable of accommodating further development. The Council considers that to allow the proposed dwelling will increase traffic levels to the detriment of highway safety in the area, contrary to Wrexham UDP Policy GDP1 (d).

25 DEMOLITION OF FORMER SUNDAY SCHOOL ROOM, CONVERSION OF CHAPEL TO 4 NO. DWELLINGS AND FORMATION OF NEW ACCESS AT SION CHAPEL, BANK STREET, PONCIAU, WREXHAM (APPLICATION CODE NO. P/2014/0200)

The Head of Community Wellbeing and Development submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

Page 35 Councillor Kevin Hughes (one of the Local Members) asked Members to consider the proposed means of ingress and egress to/from the site. He suggested that, if the Committee was minded to grant permission, a further condition be included to provide for a scheme of directional marking to ensure that there was no egress from the site onto Bank Street in the interest of highway safety. This was agreed by the Committee.

RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. 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. 4. 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. 5. Prior to first use of the vehicular access and egress hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 6. The vehicular access(es) hereby approved on Bank Street shall take the form of a dropped vehicular crossing. 7. The vehicular access(es) hereby approved on Johnson Street shall take the form of a dropped vehicular crossing. 8. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 9. Prior to first use of the development hereby approved, the vehicular access on Johnson Street shall provide visibility splays of 2.4 metres x 25 metres to the west measured to the nearside edge of the adjoining highway, and 2.4 metres x 25 metres to the east measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 10. Prior to first use of the development hereby approved, a pedestrian visibility splay on the access to Johnson Street shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 11. The vehicular parking and turning areas, as shown on approved Drawing No.

Page 36 PD47/09, shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 12. No 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. 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) Relocation of Street Light Numbers 502 and 504. 2) Erection of suitably worded signs implementing a one-way system through the site. The scheme as is approved shall be fully implemented prior to first use of the development. 14. The development shall be carried out strictly in accordance with the recommendations, mitigation and compensation proposed within Section 8 of the Clwydian Ecology Protected Species Survey dated 7 October 2013. 15. 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. 16. Prior to the first occupation of any of the residential units hereby approved, a scheme of measures to prevent overlooking of adjoining existing properties shall be submitted to, approved in writing by the Local Planning Authority and fully implemented. The scheme, as approved, shall be retained thereafter. 17. Prior to their installation on the buildings, drawings to scale 1:5 and 1:20 fully detailing all new and replacement windows and doors shall be submitted to and approved, in writing, by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, method of opening and glazing type. The works shall only be carried out in strict accordance with such details are as approved and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 18. Details of all boundary treatment perimeter and sub-divisions of amenity space shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved and to a timescale that has been agreed as part of the submission and retained thereafter, unless otherwise agreed, in writing, with the Local Planning Authority. 19. New or replacement guttering should be cast iron or aluminium only. 20. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved, in writing, by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority. 21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, F, G and H of Schedule 2 Part(s) 2, other than the development hereby granted permission.

Page 37 22. Prior to the commencement of any demolition works on site, the following details shall be submitted for the further approval of the Local Planning Authority: i. an audit of all existing building materials; ii. the potential re-use and recycling of those materials for incorporating into an agreed, replacement site development; and iii. where relevant, the recipient of remaining building materials. The approved audit shall form part of the Building Contract agreed for New Building Development for the site, a copy of which shall be submitted for record purposes for the Local Planning Authority. 23. Details of the following should be submitted to and approved, in writing, by the Local Planning Authority: - gate piers for the new accesses; - surface material for parking, turning and other external areas; - extent of repairs/re-building of boundary walls; - style/colour of the proposed vents; - extent of repairs or re-pointing the main Chapel. Works shall be carried out strictly in accordance with the details as approved in accordance with a timescale to be agreed as part of the submission and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 24. Flues shall have a black powder coated finish. 25. Within six months of commencement of development, full details of a Soft Landscaping Scheme together with a timescale for the implementation of the works have been submitted to and approved, in writing, by the Local Planning Authority. 26. The Landscaping Scheme submitted and approved in connection with Condition No. 25 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved Scheme. 27. The Landscaping Scheme, as carried out in connection with Condition Nos. 25 and 26, shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority, shall be replaced with trees or shrubs and within a timescale, all to be submitted to and approved, in writing, by the Local Planning Authority. 28 No part of the development shall commence until a scheme of directional marking to facilitate safe ingress and egress has been submitted and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the first use of any of the residential units and shall be permanently retained.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. 5. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.

Page 38 6. In the interests of highway safety. 7. In the interests of highway safety. 8. 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. 9. To ensure that adequate visibility is provided at the proposed point of access to the highway. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 12. In the interests of highway safety. 13. In the interests of highway safety. 14. To protect named species/habitats/biodiversity which would otherwise be damaged / lost by the development hereby permitted. 15. 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. 16. To protect the amenities of the occupiers of nearby properties. 17. To ensure the works reflect the character and appearance of the building. 18. To ensure the works reflect the character and appearance of the building. 19. To ensure the works reflect the character and appearance of the building. 20. To ensure the works reflect the character and appearance of the building. 21. In the interests of protecting the character of the building, the general visual amenities of the street scene, and to ensure adequate parking and turning is available within the site. 22. To ensure that the development involves a sustainable approach. 23. To protect the character of the building and the general street scene. 24. To protect the character of the building. 25. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 26. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 27. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 28. To ensure there is no egress onto Bank Street, in the interests of highway safety.

Notes to Applicant

1. 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 number 01978 729690. 2. This planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act 1980. It is essential, therefore, that the detailed proposals are submitted to the Highway Authority and confirmed as acceptable BEFORE development commences.

Page 39 Please contact the Highway Authority on telephone number 01978 729690 for further guidance. 3. The applicant is advised that submission of a copy of the relevant Section 38 Adoption Agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above Condition Numbers to be formally discharged in writing. 4. 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 telephone number 01978 315300. 5. 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. 6. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. 7. Potential hazards or impacts may not necessarily be confined to the development site, and applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example, the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. 8. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. 9. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site

Page 40 investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. 10. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com 11. 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. 12. The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. 13. With regard to Condition No. 23, the gate piers should match the gate piers on the existing pedestrian accesses and surface material should be a softer finish, such as paving or bound gravel.

26 ERECTION OF SINGLE DWELLING AND CREATION OF NEW PEDESTRIAN AND VEHICULAR ACCESS ON LAND SOUTH OF BARN COTTAGE, HOLT ROAD, BOWLING BANK, WREXHAM (APPLICATION CODE NO. P/2014/0417)

The Head of Community Wellbeing and Development submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Chair, in his capacity as Local Member, asked Members to consider whether the proposed dwelling, due to its scale and massing, represented an over-intensive development of the site and its affect on the character and appearance of the existing street scene.

During consideration of the application several Members suggested that, if the Committee was minded to grant permission, a further condition be included to provide for the turning facility shown on the approved plans to be permanently retained in the interest of highway safety. This was agreed by the Committee.

RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development, samples of all external facing materials shall be submitted to and approved, in writing, by the Local Planning

Page 41 Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. No equipment, machinery, plant or materials of any kind, in connection with the development, shall be brought onto the site until tree protection fencing and ground protection measures have been fully implemented. The fencing shall consist of a scaffold framework in accordance with Figure 2 of British Standard 5837:2012 comprising a vertical and horizontal framework, well braced to resist impacts, with vertical tubes spaced at a maximum interval of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the extent of each tree(s) Root Protection Area, as set out in British Standard 5837:2012 or as shown as the Construction Exclusion Zone on the approved Tree Protection Plan Ref. 14/AIAWXM/131 Dwg 02. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 4. The tree protection fencing and ground protection measures approved in connection with Condition No.3 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 5. The following activities should not be carried out under any circumstances: 1) No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2) No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. 3) No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within Tree Root Protection Areas or Tree Construction Exclusion Zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter Tree Root Protection Areas or Tree Construction Exclusion Zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 6. The development shall be carried out in strict accordance with the following plans and report(s) submitted and approved as part of this application: *1) Arboricultural Implication Assessment ref no. 14/AIA/WXM/131 dated 24 March 2014 *2) Tree Protection Plan ref no. 14/AIA/WXM/131 DWG 02 dated February 2014 *3) Arboricultural Method Statement ref no. 14/AIA/WXM/131 dated 24 March 2014 No development or other operations shall take place except in strict accordance with the reports as approved. 7. 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, F of Schedule 2 Part(s) 1, other than the

Page 42 development hereby granted permission. 8. Prior to first use of the development hereby approved, the vehicular access shall provide visibility splays of 2.4 metres x 65 metres to the south and 2.4 metres x 61 metres to the north measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 9. Prior to first use of the development, the site shall be laid out in strict accordance with Layout Plan(s) No. H/03 dated August 2012. 10. Prior to first use of development, a pavement crossing to the site shall be constructed in strict accordance with a scheme which has been submitted and approved, in writing, by the Local Planning Authority. 11. 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. 12. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 13. 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. 14. No works shall take place, to include any site clearance, until a scheme of one way amphibian exclusion fencing for the site to include a timescale for its implementation has been submitted to and approved, in writing, by the Local Planning Authority. The scheme shall be implemented in strict accordance with the details as may be approved. 15. No part of the development shall commence until details of proposed amphibian Reasonable Avoidance Measures (RAMs) have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in strict accordance with the RAMs as are approved. 16. No part of the development shall commence until an external bat friendly lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented in accordance with the approved details prior to first use / occupation of the development. 17. With the exception of the position of the proposed vehicular and pedestrian access, the existing hedge which fronts the site shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height falls below 1 metre a any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved, in writing, by the Local Planning Authority. 18. 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. 19. No part of the development shall take place until detail of the location and required depth of any private foul water disposal system has been submitted to and approved in writing by the Local Planning Authority. The development

Page 43 shall be carried out strictly in accordance with the detail as may be approved. 20. The turning facility shown on the approved plans shall be permanently retained.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure that the retained trees are adequately protected during development in the interests of amenity. 4. To ensure that the retained trees are adequately protected during development in the interests of amenity. 5. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 6. To protect trees which are of significant amenity value to the area. 7. Due to the restricted size of the resulting curtilage and the proximity of the protected trees to the footprint of the dwelling, it is deemed necessary to control future development in the interests of the amenity of future occupants, the wider streetscene in terms of built development and the existing trees. 8. To ensure that adequate visibility is provided at the proposed point of access to the highway. 9. In the interests of highway safety. 10. In the interests of pedestrian safety. 11. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 12. 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. 13. In the interests of highway safety. 14. In the interests of protecting known species which may otherwise be lost of harmed as a result of the proposed development. 15. In the interests of protecting known species which may otherwise be lost or harmed as a result of the proposed development. 16. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 17. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 18. To protect the amenities of the occupiers of nearby properties. 19. In order to protect the health and wellbeing of the trees on the site which are afforded statutory protection and in order to protect the amenity of the future and neighbouring occupiers of the site. 20. To ensure forward egress from the site in the interests of highway safety.

Notes to Applicant

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

Page 44 2. 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 telephone number 01978 292050. 3. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 hours and 18.00 hours Monday to Friday, and 08.00 hours to 14.00 hours on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. 4. 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. 5. 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 telephone number 01978 315300. 6. 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. 7. This permission is granted subject to the above Conditions. Some Conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. 8. Many trees contain wildlife such as bats and nesting birds that are protected by law. The consent given by this Notice does not override the protection afforded to these species and their habitats. The applicant is advised to take steps to ensure that all works do not cause harm to any protected species, and it would be advisable to contact Natural Resources Wales on telephone number 0300 065300 or email: [email protected], prior to carrying out the work. For further information on protected species, please contact either the Local Planning Authority's Ecologist or Natural Resources Wales.

Councillor M G Morris Chair

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Agenda Item 4

REPORT TO: Planning Committee

REPORT NO. HCWD/25/2014

DATE: 1 September 2014

REPORTING OFFICER: Head of Community Wellbeing & Development

CONTACT OFFICER: David Williams (Ext 8775)

SUBJECT: Development Control Applications

WARD: N/A

PURPOSE OF THE REPORT

To determine the listed planning applications.

INFORMATION

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

RECOMMENDATION

See attached reports.

BACKGROUND PAPERS

None.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

Community Code No Applicant Recommendation Pages

WRC P/2013/0598 MR G POWELL GRANT 49 – 57

RHO P/2013/0740 MR GARY BILLINGTON GRANT 58 – 64

HOL P/2013/0823 BARKIN DEVELOPMENTS LTD GRANT 65 – 76 MR P JENKINS

SES P/2014/0038 DAVE COTTLE ENGINEERNG GRANT 77 – 81 LTD MR ANDY COTTLE

RUA P/2014/0241 CASTLEMEAD GROUP LTD REFUSE 82 – 94

ROS P/2014/0244 MR JONATHAN TOMLINSON GRANT 95 – 101

ROS P/2014/0292 MYTTON HOMES GRANT 102 – 117 MR G MYTTON

BRO P/2014/0307 MR WILLIAMS GRANT 118 – 123

WRA P/2014/0335 MR KEITH LLOYD GRANT 124 – 130

GRE P/2014/0365 MR DAVID PICKERING GRANT 131 – 135

ESC P/2014/0372 D & P J MOLLOY GRANT 136 – 156

HAN P/2014/0421 MR ROBERT FORRESTER REFUSE 157 – 163

ROS P/2014/0433 MRS PRESTON GRANT 164 – 169

RUA P/2014/0452 MISS E BUCKLEY REFUSE 170 – 174

OVE P/2014/0464 MRS E ROBERTS GRANT 175 – 177

CHI P/2014/0467 MR T MIAH GRANT 178 – 180

WRO P/2014/0509 T BURGIN BUILDERS AND GRANT 181 – 183 CONTRACTORS MR T BURGIN

ROS P/2014/0512 HOSELEY FARMS GRANT 184 – 188

BRY P/2014/0516 MR & MRS D BOWEN GRANT 189 – 198

WRO P/2014/0522 MR ADRIAN JONES GRANT 199 – 202

Total Number of Applications Received: 20

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

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

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

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

WARD: APPLICANT(S) NAME: AGENT NAME: Smithfield MR G POWELL BLUEPRINT ARCHITECTURAL SERVICES LTD ______

THE SITE

Application site and approximate position of proposed dwelling

PROPOSAL

As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

HISTORY

P/2006/0632 Demolition of existing garage/workshop and construction of detached office building with adjacent land changed for use as builders yard. Refused 20.7.2006 P/2013/0319 Alterations and extension to outbuilding to form 2 bed dwelling. Withdrawn.

DEVELOPMENT PLAN

Within settlement. Policies H2, GDP1 and T8 apply.

CONSULTATIONS

Community Council: No objection to the amended plans. Local Member: Notified about amended plans 2.7.14 Public Protection: Recommend condition requiring contamination investigation/mitigation and condition and advisory notes requiring/advising measures to limit impact of construction works. Highways: Recommends conditions to secure: - the proposed site layout; - visibility; - surfacing of the access; - to prevent gates being erected across the access within 5m of the highway; - prevent private drainage entering the highway; - dropped kerb access; - footway reinstatement Welsh Water: Recommend drainage conditions. Natural Resources Wales: Standard advice applies. Site Notice: Expired 25.9.13 Other Representations: 1 objection to the original scheme expressing the following concerns: - loss of daylight; - disturbance to bats 1 objection to the amended plans expressing the following concerns: - that the building will be used as an office once built.

SPECIAL CONSIDERATIONS

Background: This application was previously reported to Members on 4 November 2013 but was deferred to allow the applicants to submit plans for an alternative design. The scheme as originally submitted proposed the erection of a detached building located alongside but set back behind the front elevation of no.15.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

Amended plans have been received and now propose the erection of a new dwelling by way of an extension to no.15. The new dwelling will have two storeys, be set back 1 metre behind front elevation of no.15 and have a ridge height 1.2m lower.

Policy: This is an unallocated site within the settlement so in accordance with policy H2 residential development is acceptable in principle provided the proposals also accord with GDP1 in terms of siting, design, access and impact upon nearby properties.

Design: The proposed dwelling will appear as a subsidiary addition to no.15 Benjamin Road. Its external appearance will reflect that of both no.15 Benjamin Road and the other traditional Victorian semi-detached and terraced properties to the west and on the opposite side of the road. It represents a more logical development of the site that the initial proposals and will make a positive contribution to the street scene.

Amenity: The proposed dwelling will be just over 12 metres from nos. 21, 23 and part of no.25 Benjamin Road. All of those properties are built on ground approximately 2.5 metres lower than the ground level of the application site. If LPG21 were strictly applied a separation distance of 17 metres would be required.

Whilst not fully according with LPG21 the difference in ground levels are such that outlook from the ground floor windows of the above mentioned properties is already dominated by an existing retaining wall along the boundary shared with the application site. The development will not significantly alter the outlook from those windows. The development is also not of a scale to unacceptably dominate the outlook from the upper floor windows of those properties. Accordingly I am satisfied it will not prove overbearing.

The proposals will not significantly impact upon the daylight afforded to habitable rooms of the above mentioned properties.

There will be no windows serving habitable rooms that directly face nos 21, 22, 23 and 25 Benjamin Road and the development will not significantly increase the extent to which properties on the opposite side of Benjamin Road are overlooked. Accordingly the standard of privacy afforded to nearby occupiers will be maintained.

Both the existing and proposed dwelling will be provided with adequate private garden space.

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

Four parking spaces are provided for use by the proposed dwelling and no.15 Benjamin Road - one less than the LPG16 maximum of 5. Given the proximity of the site to the town centre I do not consider it necessary to require the maximum in this instance.

Ecology: Whilst the submitted plans suggest an existing domestic outbuilding located at the rear of the site will be demolished this is not essential to enable the development to take place. In any case the removal of a domestic outbuilding does not require planning permission; however the owners/occupiers of the site are nevertheless required to ensure that they have full regard to the potential presence of protected species when carrying out any works. This matter will be brought to their attention by way of an advisory note attached to the planning permission.

Other Matters: If this permission is implemented it would only allow the building to be used as a single dwelling. I have no reason to believe that the applicant intends to use the site for commercial purposes, but in any case this application can only be considered on the basis of what is proposed and not what the applicant may choose to do in future. Should a future owner/occupier apply for planning permission to use the building for another purpose those proposals would be considered on their own merits at that time.

Conclusion: The development accords with the relevant UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered U005/003 and U005/004 and contained within the application documentation. 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 5. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 04 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

6. 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. 7. Within three months of commencement of development a scheme of boundary treatment shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme as approved shall thereafter be implemented in full prior to the first occupation of the dwelling. 8. The vehicular parking and turning areas as shown on approved drawing(s) No(s). U005/005 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. 9. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 33 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 10. Prior to first use of the development hereby approved a pedestrian visibility splay shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 11. Prior to the first occupation of the dwelling the existing access to the site shall be permanently closed up in accordance with details that shall first have been submitted to and approved, in writing, by the Local Planning Authority. 12. 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. 13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2 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. The vehicular access(es) hereby approved shall take the form of a dropped vehicular crossing. 16. Prior to first use of the development, the highway fronting the existing vehicular access shall be re-instated to a full height footway in accordance with details which shall have first been submitted to and approved in writing by the Local Planning Authority.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

17. 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. 18. Notwithstanding the provisions of Classes A and B of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any Order revoking, re-enacting that Order with or without modification) no window or other opening shall be inserted or formed in east facing elevations of the dwelling other than those shown on approved drawing no U005/003.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. 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. 7. In the interests of the appearance of the site and the amenity of the occupiers of adjacent properties. 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. To ensure that adequate visibility is provided at the proposed point of access to the highway. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. In the interests of highway safety. 12. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 13. In the interests of highway safety. 14. In the interests of highway safety. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. To protect the amenities of the occupiers of nearby properties. 18. To protect the amenities of the occupiers of nearby properties.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

NOTE(S) TO APPLICANT

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

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

The applicant is advised that compliance with condition no. 17 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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

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

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

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

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

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

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

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

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

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

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 situations may create carbon monoxide where air flush drilling is adopted.

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

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

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

______

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0740 PLAS DRAIN PLAS DRAIN ROAD 28/10/2013 PENYCAE WREXHAM LL14 1UH COMMUNITY: CASE OFFICER: Rhos DESCRIPTION: JS CONVERSION OF OUTBUILDINGS TO SINGLE DWELLING WARD: AGENT NAME: Ponciau APPLICANT(S) NAME: CULLIS MR GARY BILLINGTON ARCHITECTURAL DESIGN MR SPENCER CULLIS ______

THE SITE

The site is located on the higher slopes of Ruabon Mountain, well above the nearest villages of Rhosllanerchrugog and Penycae, which are located to the east and south east.

SAC/ SSSI

Settlement area of Rhos

Public footpath

PROPOSAL

As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

Application submitted with both structural and ecology reports. The structural report is the same as submitted with an earlier application, but the buildings do not show any significant structural differences since the earlier application.

Amended plans submitted to make some external alterations to the proposal.

HISTORY

P/2011/0083 Conversion and extension to house to form 2 dwellings. Refused 22.3.11. P/2011/0164 Change of use of barns to 3 dwellings. Granted 17.5.12

DEVELOPMENT PLAN

Outside settlement limits and within a Special Landscape Area, and within Clywdian Range Area of Outstanding Natural Beauty (AONB). The site is near a Special Area of Conservation (SAC) – Berwyn and South Clwyd Mountains and SSSI. Policies H3, EC5, GDP1, PS2 and T8 of the UDP apply.

CONSULTATIONS

Community Council: Consulted 29.10.13 Local Member(s): Based upon the history, requests application to be considered by planning committee. Welsh Water: No connection to the pubic sewerage network – no comments Natural Resources Wales: Consulted 29.10.13 Clwyd Powys ArchTrust: Requests photographic survey of the buildings before being altered. Highways: Site is accessed along a narrow classified roadway with only occasional passing place to allow vehicles to pass. Visibility at site access onto Plas Drain Road is adequate in westerly direction but it is substandard eastwards. However, any vehicle leaving the site is able to pull forward slowly to allow adequate visibility eastwards, and therefore no objections in this instance. Also noted the site benefits from planning permission for more dwellings and traffic generation for one additional dwelling is not significant enough to warrant the construction of new passing bays along Plas Drain Road. No objections raised subject to conditions. Site Notice: Expired 29.11.13 Other Representations: 2 neighbours notified 11.11.13

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SPECIAL CONSIDERATIONS

Policy: The site benefits from planning permission for conversion of the building to residential use and therefore the principle of development has already been established. Similarly, nearly all the works are limited to the established area and openings of that building and other buildings within the site, and therefore impacts to the surrounding countryside will be no greater than the extant permission. However the scheme now incorporates a new driveway area along the SE edge of the site and those additional impacts of this area must be considered.

Details: The proposal has reduced the scale of development from 3 proposed dwellings to 1. As a consequence this reduces amenity impacts of the use.

In addition to reducing the number of dwellings the proposal introduces a new driveway roadway along the SE side of an existing outbuilding. This is intended to provide the proposed dwelling with its own driveway separate to the one serving the existing house, although the same access onto the highway will be used. Although this driveway area will be contained by a new post and rail fencing, this edge of the site will be more open to public view – both from the approach road leading to the site as viewed from the east, and from a public footpath. Since the area of the driveway together with the proposed turning/parking area (to be surfaced with crush slate) is quite large a scheme of hedgerow planting is required to ensure that the visual amenities of the area are suitably protected. This will be required by planning condition.

The amended plans have addressed some of the detailing regarding windows and doors, but some further information is still required to ensure that this detailing is sympathetic to the character of the buildings and area. These will be secured by planning condition.

Ecology: The application has been submitted with an ecological report and this confirms that ecology issues at the site have not significantly changed since the last permission was granted. The building is likely to be used occasionally by bats and as a result the ecology report makes recommendations in respect of mitigation measures. The implementation of these will be secured by planning condition.

The site is approximately about 170m from the boundary of the Berwyn and South Clwyd Mountains Special Area of Conservation. The building is located within a complex of other buildings and the land around them has been disturbed due to it being used for agricultural purposes. The development will have no direct impact upon the SAC.

Highways: Because only one additional dwelling is now proposed Highways have advised that there is no longer a need for the passing bays along Plas Drain Road that were required as part of the previous permission. It is noted that the site contains a fairly sizeable outbuilding, and therefore a condition is

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 required to ensure that the use of this building is limited to ancillary residential or agricultural uses only.

Conclusion: The conversion scheme is acceptable and represents a less intensive scheme than before. Habitat mitigation measures and landscaping can be required by condition.

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 installation on the building, drawings to a scale of 1:5 and 1:20 shall be submitted to and approved by the Local Planning Authority to fully specify the detail of new and/or replacement windows and doors on the building. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads, etc., method of opening and glazing type. The work shall only be carried out in strict accordance with such details as are approved. 3. All roof lights hereby approved shall be of a 'conservation type' only, to be fitted flush with the adjoining roof surface. 4. All new re-pointing work shall be carried out with a lime based mortar. 5. The precautionary generic recommendations (listed as items 1 to 5) as outlined in the ecology assessment report (Ref: 0797/Plas y Drain/RP/-Ri-V2 by EDC) shall be implemented as part of the construction stage of the development. 6. The bat and bird friendly features as listed in the ecology assessment report (Ref: 0797/Plas y Drain/RP/-Ri-V2 by EDC) shall be implemented as part of the development, unless first agreed in writing with the Local Planning Authority. 7. Any works to the roof of the building to which this permission relates shall only be carried out between the months of September and April. If any bats are discovered during works, all work on the building shall cease and the Countryside Council for Wales contacted for further advice. 8. 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 and D of Schedule 2 Part(s) @@@, other than the development hereby granted permission. 9. Any new facing and roofing materials shall be strictly in accordance with the details as included on the application form. 10. All new and replacement rainwater goods shall be cast iron only. 11. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

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12. 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. 13. The vehicular parking and turning areas as shown on approved drawing(s) No(s). BC/06 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. 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. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 16. Along the SE edge of the site shall between points marked A to B as shown on the approved Proposed Site Plan - plan no. BC/06, a new native species hedgerow shall be planted adjacent to the new post and rail fence, in accordance with a detailed specification, including details of maintenance regime(s), to be submitted to and approved by the Local Planning Authority before the dwelling is first occupied. The hedgerow specification as subsequently approved in connection with this condition shall be fully implemented within the first planting season (November to March) following first occupation of the dwelling. 17. The landscaping scheme as carried out in connection with condition no. 16 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 18. The outbuildings within the site shall only be used for ancillary residential or agricultural purposes. 19. The height of the stone retaining walls within the site shall not exceed 1.0m in height, and these shall be faced with natural sandstone to match the facing material of the adjacent building to be converted. 20. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no. 01938 553670).

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the works reflect the character and appearance of the building.

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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 and appearance of the building. 5. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 6. To ensure that the development makes adequate provision for bat friendly features, in the interests of the conservation of wildlife. 7. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 8. To ensure that the character of the building is retained in this location, in the interests of the visual amenities of the area. 9. To ensure that the character of the building is retained in this location. 10. To ensure that the character of the building is retained in this location. 11. To protect the amenities of the occupiers of nearby properties. 12. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 13. 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. 14. In the interests of highway safety. 15. 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. 16. In the interests of the visual amenities of the area. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To ensure that the use of the buildings do not generate additional traffic to the site, in the interests of highway safety. 19. In the interests of the visual amenities of the area. 20. To provide for a record of a building or buildings of local architectural or historic interest

NOTE(S) TO APPLICANT

The applicant is advised that compliance with condition no. 11 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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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.

If evidence of storage/spillage of agro-chemicals are found in or around the farm buildings/outbuildings/area, then it would be prudent to investigate the potential for residual contamination. The applicant is advised to contact the Housing and Public Protection Department of the Council on 01978 315733 for further guidance. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0823 LAND AT WREXHAM ROAD HOLT 22/10/2013 WREXHAM LL13 9TS COMMUNITY: CASE OFFICER: Holt DESCRIPTION: KH OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT WARD: INCLUDING FORMATION OF MULTI- AGENT NAME: Holt USER GAMES AREA. P L PLANNING MR P LLOYD APPLICANT(S) NAME: MR P JENKINS BARKIN DEVELOPMENTS LTD ______P/2013 /0823 THE SITE

Currently a playing field, located off Wrexham Road, Holt. Residential properties at Castlegate bounds the site to the north east, with residential properties on Francis Lane to the south east. Bellis Country Market is located immediately adjacent to the site off the north west side of Wrexham Road. Open land and some residential lie to the south east.

Dee Meadows

Application site

Settlement limit

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PROPOSAL

Outline application for residential development including formation of a multi- use games area. Approval for the position of the site access is sought at outline planning permission stage. Appearance, landscaping, layout and scale are reserved for subsequent approval.

DEVELOPMENT PLAN

Outside of the settlement limit and Grade I agricultural land. The site is an established playing field and the protection of playing fields is strongly encouraged at national level in Planning Policy Wales.

Policies PS1, PS2, GDP1 (a) (b) (d) (e) (f) (i) and (k), EC4, EC6, EC13 and CLF4 refer.

HISTORY

Application site

CB00935 Relaxation of condition 10 imposed under planning permission code no 23244 to allow the field to be used for team games after 30 June 1996. Planning permission granted 7 April 1997. HOL23244 Use of land for recreational purposes. Granted 9 May 1995.

Other relevant history – land at Dee Meadows

P/2004/1224 Outline application for residential development. Granted 13 December 2005 subject to a section 106 Planning Obligation.

CONSULTATIONS

Community Council: The playing field, although not in use as a football (Original comments) pitch, is still used for recreation and has an existing 106 to safeguard the facility for the community if development is granted and there will be a deficiency of such facilities in the village.

The proposed number of properties is too many, the area for the MUGA and land around is sufficient and additional land should be available for people not wanting to use the MUGA. If the land is developed it should be to a reduced density to reflect existing pattern of development in the village and is the effect of other resources in area being considered ie only one doctors surgery in Farndon which is the closest. The Council is aware of the requirements for housing but the

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application needs to be acceptable to residents as well as the developer. Community Council (Comments on Masterplan):Agrees in principle to revised plan to increase open space. Make the following comments: - Landscaping of the recreation area would not be suitable with tree planting dotted around as this would compromise recreational use. - The open space indicated on the plan is the minimum they would accept. - Vehicular access to the recreation area would be required for maintenance of the grass. - MUGA, fencing and landscaping would be at the expense of the developer. - Strong landscaped boundary between proposed houses and amenity land required. - Residents need to be fully consulted. Local Member: Notified 10.12.13 Highways: No objection. It would appear possible to provide adequate visibility splays. 2m footpath should be provided to site frontage, appropriate turning heads constructed to adoptable standards and proposed footpath link to the rear of the site onto Francis Lane should take the form of a 3m wide shared footpath/cycleway incorporating appropriate signage, barriers and lighting. Conditions required. Public Protection: Conditions required – ZP06 (construction hours of work) and ZP07 (noise survey and any required noise attenuation due to proximity of houses to the A534). Natural Resources Wales: The site is likely to increase the surface area of impermeable ground, thus reducing percolation and increasing rapid surface run-off and to ensure the development does not increase flood risk elsewhere a condition is required to provide a scheme for the provision and implementation of a surface water regulation system. Given the distance to protected sites, the River Dee and Bala Lake Special Area of Conservation (SAC) and the River Dee Site of Special Scientific Interest (SSSI) and surface water controls it is unlikely protected sites will be impacted upon. There are records of various protected species in the area, however, it is considered unlikely the proposals will have an adverse effect upon the favourable consideration status of any statutory protected species in the area.

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Sport Wales: Refers to Planning Policy Wales and the protection of playing fields. No information provided to justify the development, in respect of the exceptions to the policy and as such Sports Wales objects to the application. Sports Wales have discussed the application with Fields in Trust Cymru and it supports the objection. Welsh Water: Drainage conditions required. Neighbours: 14 letters of objection on the following grounds: - Outside settlement and within a Green Barrier. - No traffic study/travel plan, no consideration of traffic volumes and traffic congestion already a problem. - Playing field policy and no evidence of equal or enhanced alternative provision to formal or informal recreation. Deficiency of open space/recreational land in Holt. - With the closure of leisure facilities in Wrexham should be looking to preserve free recreational facilities. People with low incomes cannot afford to travel. - The number of properties proposed is too dense. - Siting inappropriate, privacy will be compromised, will compromise views from residents living on Castlefield and contravenes the Human Rights Act in terms of the impact of the proposed development. - No neighbourhood consultation has taken place. - Design and Access Statement refers to unused playing field and no prospect of bringing it back into use. The playing field is used on a daily basis. - No details of MUGA, MUGA is inadequate in terms of size, inappropriate location for safety and security and insufficient parking for the MUGA. - Overloading existing drainage system. - Proposed new footpath link unacceptable and involves removal of hedgerow and existing access is acceptable. - Schools are already stretched in Holt and Farndon and increased pressure on closest doctors in Farndon. - Only space left for recreation in Holt opposite Peal of Bells.

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- Greenspace should be promoted and preserved and addresses childhood obesity and important for childrens health. - Applicant does not appear to have had any dialogue with Sports Wales. - Number of properties should be limited and more focus on outdoor space. No safe area for games proposed. - Application contains supposition as opposed to evidence especially in regards to releasing the site from its existing use. - A previous request in 2006 for other land in the area to be utilised for residential development was rejected as sufficient sites designated. - Additional neighbour consultation on amended masterplan. Site Notices: Expired 10.01.14 Press Notice: Expired 31.01.14

SPECIAL ISSUES/CONSIDERATIONS

Proposal/Background: Application is an outline application with all matters reserved, with the exception of access. Access is proposed off Wrexham Road. A master plan is included for illustrative purposes and applicant has indicated that 24 properties would be provided, which would be likely to be two and 2.5 storey buildings. Siting, design and numbers are however reserved for any further detailed application.

The application site is subject to a s106 Planning Obligation in respect of planning permission P/2004/1224 for residential development at the end of the nearby Dee Meadows cul-de-sac. The Planning Obligation secured the use of the application site as recreational land. It also required the provision of alternative land for recreation if the application site was no longer available for that purpose. The site will need to be released from that obligation to allow the proposed development to proceed.

The land has previously been used as a field for team games and is currently used for recreational purposes. It was leased from its current owner by the Community Council, although I understand that the lease has now expired. The applicants are proposing a multi-use games area (MUGA) to the rear of the site. A revised masterplan has recently been provided which increases the area for recreation.

Policy: The land is a Greenfield site previously used as a playing field outside the settlement of Holt. It is also Grade I agricultural land.

The land has been previously established as a playing field, identified in 2009 POS Assessment and whilst the situation in respect of the lease to the Community Council is noted, the protection of playing fields is strongly

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 encouraged at National level through Planning Policy Wales and Policy CLF4 of the Wrexham Unitary Development Plan. There are caveats to the National Development Management Policy which states that fields should be protected from development except where: facilities can best be retained and enhanced through the redevelopment of a small part of the site, alternative provision of equivalent community benefit is made available or there is an excess of such provision in the area.

A revised masterplan has reduced the area for residential development and increased the amount of publically accessible open space which could be utilised for general recreation and used in conjunction with the proposed Multi Use Games Area (MUGA) which can be used more extensively than the playing field and I am satisfied it meets the policy requirements set out nationally in Planning Policy Wales.

I am conscious of the comments raised by the applicant in terms of housing supply and the 5 year supply of housing (the Council’s current supply is 3.4 years). The argument in relation to the current housing supply is valid and the potential increase in supply proposed by the applicant should be given considerable weight. The proposed site is a natural extension to the existing settlement limit with residential development to the north east (Castlegate) to the south east (land off Francis Lane) and Bellis Country Market to the north west (across Wrexham Road).

The development will result in the irreversible loss of Grade I agricultural land however at 1.2 hectares in area it does not represent the loss of significant amount of high quality agricultural land, nor will it encroach upon or impede the use of adjacent/nearby agricultural land. Accordingly the benefits of delivering additional housing land outweigh the loss of high quality agricultural land in this instance.

Amenity: Neighbouring properties have raised concerns regarding loss of light/ privacy and loss of views. Whilst the application provides an illustrative plan, it is not to scale and siting and design of the properties are reserved for approval as part of any further detailed application. Separation distances will need to comply with the adopted standards to ensure no significant loss of light/ privacy. I am satisfied it will be possible to achieve those standards. Loss of view is not a planning consideration.

Highways: The proposed development site is located on the B5102 Wrexham Road which is a classified road subject to a 30mph speed limit. Although typical speeds may well be 30mph for vehicles approaching from the south west, Highways estimate typical vehicle speeds at being around 25mph for vehicles approaching from the north east given the location of the existing flat topped kerb to kerb crossing across Wrexham Road.

Based on the above speeds any proposed access in this location would normally be required to provide visibility splays of 2.4 x 56m to the south west and 2.4 x 33m to the north east.

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It does appear possible to provide the required visibility splays from the proposed access indicated on the submitted layout plan.

The existing access would need to be permanently closed up, a 2m wide footpath be provided across the site frontage and the proposed rear footpath link onto Francis Lane should take the form of a 3m wide shared footway/cycleway. Planning conditions are required to secure the above. Highways are raising no objections subject to appropriate conditions.

Ecology: An ecological assessment accompanies the application. Natural Resources Wales are satisfied that given the scale of the development, the surface water drainage comments and the distance from the River Dee and Bala Lake Special Area of Conservation (SAC) and the River Dee Site of Special Scientific Interest (SSSI), it is unlikely that the development will have a significant impact upon these protected sites.

There are records of various protected species in the area. However, given the current habitats on site and separation from other habitats, it is considered unlikely that these proposals will have an adverse effect upon the favourable conservation status of any statutory protected species in the area.

General: Drainage concerns but Welsh Water and Natural Resources Water are satisfied that subject to planning conditions drainage will not be an issue. No parking provision is provided for the MUGA or open space area as it is anticipated they will be used by the local community.

Conclusion: The lack of housing supply a material consideration of considerable weight and on balance the benefits of increasing the supply of houses, the provision a substantial area of open space together with the a MUGA outweighs the loss of the existing playing field and agricultural land in this instance.

Highways have no objection subject to conditions, including visibility splays to the provision of the new access, which is included within this application. The detailed application will need to comply with the Council’s adopted separation distances and provide a high standard of design.

My recommendation is in two parts to reflect the requirement for a 106 legal agreement prior to planning permission being granted.

RECOMMENDATION A

That the Council enters into an obligation under section 106 legal obligation of the Town and Country Planning Act 1990 to secure: i) The release of the land from the section 106 legal obligation in respect of planning permission P/2004/1224; and ii) The transfer of the ownership of the public open space to the Council; and

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iii) a commuted sum for the future maintenance of areas of open space and the proposed MUGA; and iv) contributions towards education provision.

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

RECOMMENDATION B

Upon completion of the obligation planning permission be GRANTED subject to conditions below:

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. 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. 5. 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. 6. 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. 7. The development hereby permitted shall not be commenced until such time as a detailed scheme for the provision and implementation of a surface water regulation system has been submitted to and approved, in writing, by the Local Planning Authority. Prior to submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable drainage Systems (SUDS) and the results of the assessment provided to teh Local Planning Authority.

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8. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 9. 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. 10. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres to the south west and 2.4 metres x 33 metres to the north east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 11. 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 internal estate roads, footways including footway/cycleway links. 2) Scheme of street lighting for the internal estate roads and footway/cycleway link. 3) Detailed layout, design, drainage and construction of a new 2.0m wide footway along the site frontage along Wrexham Road. The scheme as is approved shall be fully implemented prior to first use of the development. 12. No part of the development shall commence until full details of the proposed MUGA have been submitted to and approved, in writing, by the Local Planning Authority. Works shall be carried out strictly in accordance with the details as are approved and provided in accordance with a timescale as agreed as part of the submitted details. 13. Prior to the commencement of development, provision shall be made to offset the shortfall in education facilities, in accordance with a scheme to be agreed with the Local Planning Authority. 14. The existing hedges shown on the Masterplan (Rev A) to be permanently retained shall not be cut down, grubbed out, lopped or uprooted. Any hedging removed or being severely damaged or becoming diseased shall be replaced with hedging plants of the equivalent size and species. 15. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until hedging protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved, in writing, by the Local Planning Authority. The details shall include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within these areas shall not be altered, nor shall any excavations be made.

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16. The existing vehicular access to the site off Wrexham Road shall be permanently closed up prior to the first use of the new vehicular access hereby approved, in accordance with details that have previously been agreed, in writing, with the Local Planning Authority. 17. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 18. The landscaping scheme submitted and approved in connection with condition no. 17 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 19. The planting scheme implemented in connection with condition nos 17 and 18 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 20. The Reserved Matters application shall provide details of all internal and external boundary treatment. Works shall be carried out strictly in accordance with the details as approved and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 21. This permission allows for a maximum of 24 dwellings to be built on the site.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 6. 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. 7. To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site. 8. To protect the amenities of the occupiers of nearby properties. 9. To protect the amenities of the occupiers of nearby properties. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. In the interests of highway safety.

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12. To ensure the works are to a scale and design that are suitable for community recreation. 13. To meet the educational needs arising from the proposed development. 14. To ensure the amenity afforded by the trees is continued into the future. 15. To ensure that the amenity of the hedges and biodiversity value is continued into the future. 16. In the interests of highway safety. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 20. In the interests of the amenity of existing and future residents and the general visual amenities of the area. 21. In the interests of the standard of amenity afforded to the occupiers of nearby properties and the appearance of the area.

NOTE(S) TO APPLICANT

The applicant is advised that compliance with condition no. 08 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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The development site is in close proximity to the A534 and the developer is therefore required to carry out a noise survey in connection with condition no. 09 in order to determine noise levels for both day (0700 - 2300 hours) and night (2300 - 0700 hours) having regard to Planning Guidance (Wales), Technical Advice Note (TAN) 11 - Noise. The report of the noise survey findings shall include: a) Noise levels arising from day/night time activities in the vicinity of the proposed development site and the impact upon the proposed accommodation, and b) A detailed scheme of noise insulation and / or attenuation measures so designed to safeguard the amenity of the future occupants of the proposed accommodation hereby approved.

The internal access road including footways should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under S38/278 of the Highways Act 1980.

You are advised that the Highway Authority will require such works to be completed to their satisfaction before they will formally adopt the relevant Highway works for public use and to be maintained at public expense. This will include the provision of a bond to cover the estimated value of such works. The appropriate fees will become due to the Council when the Highways Authority approve the proposed works to the carriageway. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0038 LAND ADJOINING 6 LINDFIELD 22/01/2014 DRIVE CROSS LANES WREXHAM LL13 0TJ COMMUNITY: CASE OFFICER: Sesswick DESCRIPTION: KH RESIDENTIAL DEVELOPMENT (1 PAIR OF SEMI-DETACHED WARD: DWELLINGS) AGENT NAME: Marchwiel BLUEPRINT APPLICANT(S) NAME: ARCHITECTURAL MR ANDY COTTLE DAVE COTTLE SERVICES LTD ENGINEERNG LTD MR DAFYDD EDWARDS ______

THE SITE

Vacant land located off the north west side of Lindfield Drive, Cross Lanes.

Application site

PROPOSAL

Pair of semi-detached properties.

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HISTORY

P/2003/0509 Erection of detached two-storey dwelling and construction of new vehicular and pedestrian access. Granted 19.04.2004 P/2001/0815 Erection of detached dwelling house and construction of new vehicular and pedestrian access. Refused. Appeal dismissed 26.06.2002 P/2001/0436 Erection of dwelling. Application withdrawn 10.07.2001 P/2000/1115 Erection of dwelling and construction of new vehicular and pedestrian access. Refused 12.02.2000 Amended layout and house type and construction of estate roads. Granted 09.12.1997

DEVELOPMENT PLAN

Within settlement limit. Policies GDP1, H2 and CLF4 of the Wrexham UDP refer.

CONSULTATIONS

Community Council: Consulted 28.01.14 Local Member: Notified 28.01.14 Public Protection: Consulted 28.01.14 Highways: No objections with 2 parking spaces per dwelling, driveways acceptable lengths and 3m in width. Welsh Water: Conditions required NRW: No objections. Neighbours: 2 letters of objections on basis: - Impact and character of the area. - Loss of privacy. - All properties in the area are detached. - Single detached home would be more appropriate. - Increased movements on Lindfield Drive which is narrow. Additional traffic including delivery vehicles, vans etc already cause problems and the proposal will increase the possibility of road traffic accidents and safety issues for pedestrians and especially children. - No pavements bordering the site. - Increase parking of visitors on the road and will make it more difficult to exit existing driveways. - Serious concerns over road and pedestrian safety. - Properties on the estate as a whole and in particular on Lindfield Drive and Grange Court are high quality detached dwellings. No

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precedent for semi-detached properties on the estate which could devalue their property. - Neighbour reconsultation on amended plans carried out. Site Notice: Expired 21.02.14

SPECIAL CONSIDERATIONS

Background: Planning permission was previously granted for a detached two-storey dwelling in April 2004. The permission has now expired.

Design: The initial submission and design was considered to conflict with other development in the vicinity. The properties on the Cross Lanes Estate are predominantly detached properties and the initial design was for a conventional pair of semi-detached properties. The properties have been subsequently redesigned to give the appearance of one detached property and this better reflects the character of the area. I am satisfied the proposed dwellings will be sympathetic to the general street scene. I have carried out additional consultation on the amended scheme and any additional comments will be reported on the addendum.

Amenity: The property most directly affected would be 3 Meadow Close to the rear of the application site. The proposed dwellings would be at their closest 15m from the adjoining property and increasing to 17m to the majority of habitable rooms. The rears of the proposed dwellings have been designed to reduce overlooking, with small windows and non-habitable rooms. A condition will also be imposed to provide obscure glazing and high level opening elements of the windows. I am satisfied that given the Council’s adopted standards require only 13 metres between windows which face a blank elevation, the distance to the dwellings and the design measures to prevent overlooking there will be no loss of privacy or an overbearing impact from the proposed new dwelling.

A side window could potentially result in overlooking of an adjoining garden to the north east. However, the window is to a bathroom and whilst the window is likely to be obscurely glazed, a condition will ensure privacy is maintained.

Highways: The application provides parking within the site in accordance with the Council’s adopted parking standards.

Concerns have been expressed by a resident on Lindfield Drive, regarding increased congestion and road safety issues. Whilst traffic movements will increase given the relatively limited additional movements, I would not anticipate any significant adverse impact on congestion in the cul-de-sac. With regard to traffic and pedestrian safety whilst the cul-de-sac is subject to a 30mph speed limit, highways estimate that typical vehicle speeds would be around 10-15mph given the geometry of the road.

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Conclusion: The design of the properties is considered acceptable and will be sympathetic to the existing street scene. I would not anticipate any significant loss of amenity to nearby properties or increased highway danger or congestion.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. The vehicular parking areas as shown on the approved amended drawing number C053/001shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction and made available solely for the parking and turning of vehicles at all times. 4. Details of all boundary means of enclosure shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved and to a timescale to be agreed in conjunction with the submitted details and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 5. 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. 6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, re- enacting that Order with or without modification) no windows or other openings shall be inserted in the side and rear elevations, with the exception of those indicated on the approved plan. 7. 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 1, A, B, C, D and E of Schedule 2 Part 1, other than the development hereby granted permission. 8. Prior to the first occupation of the dwellings hereby approved a scheme of measures to prevent overlooking of adjoining dwellings from the rear and side elevations shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme as approved shall be retained thereafter.

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REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure adequate parking is provided clear of the highway. 4. In the interests of residential amenity and the general visual amenities of the area. 5. 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. 6. To ensure that a satisfactory unit of residential accommodation is retained within the premises and to protect the amenities of the occupiers of nearby properties. 7. In the interests of residential amenity and the general visual amenities of the area and the character of the building. 8. To protect the amenities of nearby properties. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0241 LAND AT PONT ADAM CRESCENT 09/04/2014 RUABON WREXHAM LL14 6EG COMMUNITY: CASE OFFICER: Ruabon DESCRIPTION: MP OUTLINE APPLICATION FOR THE ERECTION OF 49 DWELLINGS WARD: INCLUDING VEHICULAR AND AGENT NAME: Penycae & Ruabon PEDESTRIAN ACCESS NIGEL THORNS South PLANNING APPLICANT(S) NAME: CONSULTANCY CASTLEMEAD GROUP LTD ______

THE SITE

Offa’s Dyke

Application site

Green Wynnstay Technology Barrier Park

PROPOSAL

As above. Approval for the position of the site accesses is sought at outline planning permission stage. Appearance, landscaping, layout and scale are reserved for subsequent approval.

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HISTORY

WRDC/7940 Erection of 24 houses and 7 bungalows and construction of new estate road. Refused 3.4.73. Appeal dismissed 11.9.74 P/2002/0039 Outline application for residential development (9 single storey dwellings) & construction of new vehicular & pedestrian access. Refused 8.3.2002.

DEVELOPMENT PLAN

Outside of settlement limit, within Green Barrier. Policies PS1, PS2, GDP1, EC1, EC2, EC4, H5, CLF5 and T8 apply.

CONSULTATIONS

Community Council: Objects in the strongest terms for the following reasons: Planning Policy: the site is outside of the settlement limit for Ruabon (despite the assertion by the agent that is within the settlement). Surprisingly the agent fails to mention that the site is within a narrow section of Green Barrier which separates Ruabon from the Acrefair/Cefn Community. This omission seems to be inexplicable since it was very clear that this is probably the most significant policy objection. A recent application in Penycae for residential development in Green Barrier was rejected on appeal by the inspector who made it clear that in his view the development was contrary to both national and location policies for Green Barriers and (perhaps most significantly) that Green Barriers should only be reviewed as part of the development plan process. He also indicated that despite the lack of a five year supply, Green Barriers should not be released. Accordingly this development is unacceptable in principle and should be refused; Traffic: The supporting statement makes significant comments about the suitability of the existing Pont Adam Crescent to serve the development. Notwithstanding any highway technical assessment, the Council believes that a 30% increase in traffic utilising the roads is unacceptable and that there will be severe pressure on the road network. The Council also raised concerns regarding the impact the increased traffic flow and in particular heavy

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vehicles during the construction stage would have on the two bridges in Church Street and in particular the bridge which carries a weight restriction. Whilst it has two access points onto the B5097, the existing site layout makes it most likely that a very high proportion of traffic will use the more southerly access and thus in effect the site is served by only one access; The application omits to seriously discuss the suitability of Church Street as an access. This is a narrow road passing through the heart of a Conservation Area with an exceptionally substandard access onto the main High Street B5605. It also forms the main pedestrian access for pupils from the vast majority of the Ruabon community walking to the High School. The potential for dangerous conflicts, especially at rush hours cannot be underestimated. It is noted that the best comment that the Highway consultant’s report can make is that although “the level of visibility is not in accordance with guidance, it should prove satisfactory”; The offer by the developer to provide a footway connection to the Llangollen Road is unlikely to have any attraction to residents since this would head in a generally southern direction whereas the centre of Ruabon is in a northerly direction from the site (approximately half as long again as the direct route); Schools: The existing primary schools are understood to be under pressure and no reference has been found to suggest that the applicants have investigated whether the schools practically could be expanded nor that they are willing to offer the resources to enable it to take place; Public Open Space: The layout shows the provision of open space within the site but in both cases the areas are almost entirely surrounded by roads/drives which would make them far form ideal for use by children. The layout creates a very large area to the south western side of the existing play area that is totally screened from public surveillance which would render it a potential hazard rather than an asset; General: It is disturbing to note the supporting statement describes the site as generally flat whereas the contour plans show a fall of some 18 metres. The Council believes this suggests the author of the report has failed to properly visit and

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appraise the site. He notes that the site is ‘not adjacent to a Conservation Area’ whereas the majority of traffic will have to pass through the heart of Ruabon Conservation Area which is characterised by a very narrow street with buildings close to the edge of the roadway and which will undoubtedly be adversely impacted by the development; There is concern about the proposed density of development and whilst this is an outline application, any commitment to numbers specified is unacceptable unless a satisfactory density and layout can be proved; We trust the application will be refused. Local Member: Notified 14.4.14 Public Protection: Recommend conditions and advisory notes in respect of: Construction impacts and the noise attenuation measures recommended in the submitted noise report. Housing: Support this scheme as it would provide affordable housing for local applicants currently on our Affordable Housing Register. The development is in a fairly sustainable area of Wrexham near to a good public transport system, jobs and amenities. Highways: Recommend permission be refused because the roads (B5097 Church Street and Pont Adam) giving access to the site are, by reason of their inadequate width, their horizontal alignment and their substandard pedestrian provision, unsuitable to accommodate the material increase in traffic likely to be generated. Welsh Water: Recommend drainage conditions. Education: Following alterations at Maes y Llan School capacity has increased and this development can be accommodated. Contributions towards secondary school provision are required. NRW: Object for the following reasons: - Further survey work is required in relation to how the trees being retained will be connected to other bat habitats during and following construction; - How the proposed lighting scheme will be adapted to provide dark corridors for bat movement to and from these trees and throughout the development as a whole; Provided the following comments/advice in respect of other matters:

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- NRW are satisfied that it is highly unlikely that this site would support Great Crested Newts; - Some concerns that the proposed scale of the development may present risks of flooding on- site and/or off-site if surface water is not effectively managed; - Recommend further ground investigation is carried out to map the suitability of the entire site for soakaway drainage. Site Notice: Expired 8.5.14 Press Notice: Expired 16.5.14 Other Representations: The owners/occupiers of 23 properties notified 22.4.14. 103 objections received expressing the following concerns: Church Street, Tatham Road and Penycae Road are not capable of safely taking additional traffic; Increase in traffic; Capacity of the sewerage and drainage systems; Loss of Green Land that has been protected for 46 years; Lack of places at local schools, doctor’s surgery and dentist; The site is not large enough for 49 dwellings; Additional traffic on Pont Adam Crescent; Not enough parking spaces/potential for parking problems; Existing problems of speeding traffic; Danger to pedestrians, especially children from additional traffic; Speed ramps should be provided; Construction traffic will be detrimental to local roads; Loss of identity of Ruabon; Noise; Closure of Plas Madoc means a drastic reduction in local leisure services; Risk of subsidence due to old mine workings; Additional traffic congestion; Pressure on existing infrastructure; Design will not blend in with existing dwellings; The site has already been designated as amenity land and is enjoyed by humans and wildlife; Roads are not gritted during wintery weather and become impassable. The development will result in more cars being abandoned; Impact upon wildlife; The land provides a barrier between Ruabon and Plas Madoc that would be lost and the two areas could lose their separate identities;

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Deeds of existing properties state no to take place on this site; Loss of residential amenity; Construction work could impact upon the bus service; Cumulative impact of the proposals and development proposed by P/2014/0021; The land has been left to become overgrown in the hope this will increase the chances of permission being granted; Loss of habitat for wildlife; Proximity to children’s playground – heavy traffic would be a great risk to children’s safety; Loss of views over Wynnstay Estate and Shropshire Plains; Land has been used for recreational purposes for 45 years and should be considered a Greenfield site; Number of houses out of keeping with the general layout of the estate; Tree on Offa’s Dyke which are classed as ancient monuments and must not be felled; Bottom of the field gets boggy; The site in the only green area in the estate where children were always able to use for recreational activities. This has not been allowed since the change of ownership. The land should be returned to its original state; Colony of bats inhabiting the area; Removal of trees; Disruption to gas, electric and water; Disruption during construction; Noise and dust pollution from construction; The development will ruin Pont Adam estate; Loss of privacy; Pedestrian safety; Light pollution; Does not respect local context, street patterns or the scale and proportion of local buildings; The site is outside of the village development boundary and was not accepted for the original proposed Wrexham Local Development Plan; Would adversely alter the demographic of the estate; Previous builder was not allowed to build – what has changed? Proposed mediocre areas of so called public open space will promote disagreement among residents;

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What kind of houses are you planning to build? What kind of market are you looking to attract? Impact upon property values; The site is located in the Green Barrier; Existing weight restrictions on bridges along Church Street; Danger to pupils of Ysgol Ruabon; Was the traffic survey covered the recent school holiday; Do not object to housing on the area just the amount of properties and additional traffic; Passing this application will mean my child’s freedom to walk to school and play on the estate without supervision will be put at risk.

SPECIAL CONSIDERATIONS

Policy: The proposals do not accord with any of the circumstances set out in policy H5 that permit small scale residential development on sites outside of settlement limits.

In addition to lying outside of the settlement limit for Ruabon, the site lies within a Green Barrier and the development would lead to the irreversible loss of land which has an Agricultural Land Classification of 3a, thus the proposals conflict with policies EC1 and EC2.

Ordinarily I would recommend planning permission be refused on the grounds that proposals represent a very clear departure from UDP policies. However the Council is only required to determine planning applications in accordance with an adopted development plan unless material considerations indicate otherwise.

Permission to develop this site has been refused on two previous occasions due to it being outside of the settlement boundary. The 2002 refusal was also refused on the grounds that the site lay within the Green Barrier. Whilst these decisions are a material consideration this does not automatically mean that the current application should be refused for the same reasons. The previous decisions were made in light of the circumstances that applied at the time whereas this application must be considered in light of the circumstances that apply today.

The Community Council has referred to the refusal of permission to develop a site within the Green Barrier on Afoneitha Road in Penycae (P/2013/0003), a decision subsequently upheld on appeal. Whilst there are similarities between the sites in so far as they both lie outside of the settlement boundary and within the Green Barrier, each application must be considered on its own merits. It is clear that the Inspector made his decision in respect of the Penycae site having assessed the site and its immediate surroundings in addition to considering UDP policies.

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Since the UDP was adopted in 2005 there have been some significant changes in circumstances which I will discuss in more detail later in this report.

Housing Land Supply: Policy Wales (paragraph 9.2.3) requires Local Planning Authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing.

Members will be aware that the most recently published Joint Housing Land Availability Study (JHLAS) (2013) found that Wrexham has a housing land supply of 3.4 years.

Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that the results of the JHLAS should be treated as a material consideration in determining planning applications for housing. Where the JHLAS shows a land supply below the 5 year requirement TAN1 (paragraph 5.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies. Planning Policy Wales includes a presumption in favour of sustainable development.

Local Planning Authorities are required to include a statement in the JHLAS study outlining measures it is taking to address a shortfall in housing land supply. In Paragraph 3.5 of the 2013 JHLAS for Wrexham the Council has acknowledged that appropriate consideration will need to be given to any applications submitted for residential development outside of existing settlements.

Loss of Green Barrier/Agricultural Land: The site is bounded to the south by the A539 Llangollen Road, to the south east by the Shrewsbury – Chester railway line, to the north and west by existing residential development and to the east by a play area. The development of the site will therefore not result in an intrusion of urban development into a rural setting and represents a logical addition to an established built up area

The development will narrow the amount of undeveloped land currently separating Ruabon from the Wynnstay Technology Park to the south-west. However an open parcel of land on the opposite side of the A539 Llangollen Road, Offa’s Dyke and the substantial landscaped grounds of the property Tir Y Fron will ensure that a clear visual break will remain. The indicative site plan also demonstrates it will be possible to retain the trees adjacent to the site boundary with the A539 Llangollen Road to reinforce this visual break.

Grade 3a agricultural land is considered to be amongst the best and most versatile land and should only be developed where there is an overriding need for development. The lack of a 5 year housing land supply does, in this

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 instance, mean that there is a need for the development. However this must also be weighed against the impact of the loss of agricultural land.

The land is currently not in agricultural production and does not appear to have been so for a considerable period time. The site is not adjoined by or easily accessed from other agricultural land. Indeed it is effectively landlocked by existing development and transport infrastructure. Therefore notwithstanding it’s classification in practical terms the land is unlikely to prove to be particularly attractive to a rural business. Accordingly the benefits of the development in terms of delivering additional housing land and affordable housing outweigh the loss of Grade 3a agricultural land in this instance.

Highways: The roads within the existing Pont Adam housing estate are suitable in terms of width and layout to accommodate the traffic generated by the development. Subject to the replacement of an existing pedestrian guardrail visibility at the junction of Pont Adam Crescent and the B5097 (Pont Adam) will also be adequate.

The B5097 Pont Adam/Church Street is narrow with sections some sections being a little as 3.5 metres wide. There are also lengthy sections of the road without any dedicated pedestrian provision.

The development includes proposals for a dedicated pedestrian link onto Llangollen Road. Whilst this will provide a safer pedestrian route into the centre of Ruabon from both the application site and the existing Pont Adam estate, the majority of the existing residents will be faced with a longer walk. It is therefore doubtful whether the proposals will result in a material reduction in pedestrian traffic along the B5097 Pont Adam/Church Street

The development has the potential to increase the volume of traffic on the B5097 by 17%. Given that the road is already a substandard route for both vehicular and pedestrian traffic, the additional traffic generated by the development is likely to have a detrimental impact upon highway safety.

Loss of open space/recreation area: Whilst objectors have expressed concern about the loss of a site they regard as open space the application site is not listed as public open space in the Council’s 2009 Public Open Space survey and as such is not afforded any specific protection under policy CLF4. The site is also privately owned and therefore any access to or use of it by local residents has been at the discretion of the current or previous landowners. The owners of the site could choose to prevent access to it irrespective of the whether it is developed.

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Planning constraints

The proposals conflict with a number of UDP policies however as already discussed above the lack of a 5 year land supply is a significant material consideration in favour of the site being developed. The key planning constraint in this particular case is fact that the B5097 is unable to safely accommodate the traffic generated by the development.

Physical constraints

The site slopes downwards from both west to east and from north to south with gradients that are on average around 1 in 10. This will not present a significant constraint to development of the site.

Ownership constraints

I am unaware of any ownership issues that would prevent the site from being developed.

Economic viability

I have no reason to believe that the development, including the provision of education contributions, affordable housing and public open space, is unviable.

Design: The indicative layout plan demonstrates that the site can accommodate 49 dwellings with private gardens and off-street parking as well as generous areas of public open space.

At 30 dwellings per hectare the development has a higher density than the adjacent Pont Adam estate, which has a density of around 19 dwellings per hectare, however the density of development varies considerably in the wider village and accordingly I do not consider the proposals to be excessive.

The indicative plan demonstrates that an acceptable form of development is achievable with regards to layout, private garden provision, off-street parking provision and the retention of the majority of the mature trees within the site. It also demonstrates that it will be possible to develop the site without adversely impacting upon the occupiers of existing properties in Pont Adam Crescent by way of loss of light, privacy and without proving visually overbearing.

Noise: Due to the proximity of the site to the A539 Llangollen Road and the Shrewsbury to Chester railway line the dwellings built near to the south and south eastern boundaries of the site will need to incorporate acoustic mitigation including a higher specification of glazing than would normally be installed. An acoustic mitigation scheme could be required by condition were the development to proceed.

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Affordable Housing: In accordance with policy H7 and LPG28 the affordable housing requirement for the development is 12.25 dwellings. The indicative plans shows 12 affordable dwellings which is marginally short of the full requirement. LPG28 advises that where the affordable housing requirement is a fraction of a dwelling it should be provided as a commuted sum. These would be secured by a Planning Obligation.

Were the development to proceed it would make a valuable contribution to the provision of affordable housing in this part of the County Borough.

Ecology: The site has been subject to an ecological appraisal that concludes the site as a whole is of limited ecological value. However the retention of four mature trees is recommended due to the probability that they accommodate bat roosts. The indicative layout has taken account of this recommendation.

NRW have objected to the application on the grounds that further survey work in respect of bats is necessary in order to:

1) Ascertain the extent to which bats use of these trees as well as the species of bats present; 2) How these trees will be connected to other bat habitats during and following construction; 3) How the proposed lighting scheme will be adapted to provide dark corridors for bat movement to and from these trees, and throughout the development as a whole.

All but one of the trees recommended for retention by the ecological appraisal are located adjacent to the southern boundary of the site. These trees form part of a larger belt of mature trees that extend along the southern boundary of the site and along (but outside of) the western boundary of the site. I therefore consider it unlikely that the proposals will significantly impact upon the connectivity between bat habitat on site and bat habitat in the wider locality.

Because this is an outline planning application and the detailed layout and design of the scheme has yet to be finalised it would be unreasonable to require a detailed lighting scheme to be submitted at this stage. A condition requiring a lighting scheme designed to minimise the impact on bats could however be required by condition.

There is a high potential for the site to be used by breeding birds but provided scrub, hedge and tree removal take place outside of the breeding season, or the site thoroughly assessed before removal works take place, the development will not adversely impact upon them.

Notwithstanding NRW’s objection, I am satisfied that the concerns they have can be addressed and that appropriate conditions could be imposed to ensure

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 that the development does not result in significant and detrimental impacts upon the favourable conservation status of statutorily protected species.

Drainage: Welsh Water have not expressed any concerns about the capacity of the local sewerage system.

Whilst NRW have requested further assessments, the preliminary drainage strategy that has been submitted demonstrates that soak way/infiltration drainage systems can be used on this site. There are recommendations for further assessments to be carried out within the strategy itself however I am of the opinion these are primarily necessary to inform the final layout and design of the development. I am satisfied that there is sufficient scope for the site to be designed to incorporate adequate means of surface water drainage and that conditions could be imposed to require the additional assessments and a detailed surface water strategy to be submitted at reserved matters stage.

Community Infrastructure: The potential impact upon community infrastructure is a concern that has been raised by the Community Council and local residents.

Education has advised me that there is adequate local primary school capacity to accommodate children from the development. Contributions towards secondary school provision are however required which can be secured via a planning obligation.

The indicative plans demonstrate that on-site public open space can be provided and it’s long term management can be secured by planning obligation.

There is no UDP policy or Local Planning Guidance Notes that impose a requirement for the developments to provide or make contribution towards other infrastructure such as health care facilities.

Other Matters: There is no right of a view over private land therefore it would be unreasonable to refuse permission for the development on the grounds that it will impede views currently enjoyed by local residents.

Conclusion: Because Wrexham does not have a 5 year housing land supply (as required by Planning Policy Wales) and the site represents a logical extension to the existing built up area of Ruabon the fact that the proposals represent a departure from adopted UDP policies would not be a valid reason to refuse permission in this instance.

Notwithstanding the above, the B5097 Church Street/Pont Adam cannot safely accommodate the additional traffic that is likely to be generated by the development. Accordingly the development does not accord with policy GDP1(d).

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RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The B5097 road (Church Street/Pont Adam) that gives assess to the site is, by reason its width, horizontal alignment and substandard pedestrian provision, unable to safely accommodate the material increase in traffic likely to be generated by the development. Accordingly the development goes not accord with policy GDP1 (d) of the Wrexham Unitary Development Plan. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0244 LODGE FARM OFF BORRAS ROAD 09/04/2014 COMMONWOOD WREXHAM LL13 9TE COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: PF CHANGE OF USE OF MEZZANINE FLOOR SPACE (B2) TO SHOP (A1) WARD: SELLING FIREARMS AND AGENT NAME: Rossett ASSOCIATED COUNTRY, FBC MANBY BOWDLER OUTDOOR, SPORTINGAND LLP AGRICULTURAL GOODS (IN ROUTH HOUSE RETROSPECT)

APPLICANT(S) NAME: MR JONATHAN TOMLINSON ______

THE SITE

Access

Position of retail use.

PROPOSAL

Planning permission is sought in retrospect to change the use of part of the existing building which is currently used as an engineering/fabrication place (B2 General Industrial) to a to a retail space (A1) for the sale of firearms and associated country, outdoor, sporting and agricultural goods. The application

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 relates specifically to the mezzanine floor space within the area identified on the plan. The applicant has provided a list of products that are sold at the premises.

HISTORY

P/2007/0336 Erection of steel framed shed for general engineering business. Stationing of static security caravan (in retrospect). Refused 04.06.2007

Planning history relating to on site digester

P/2008/0177 Construction of cow slurry digester. Granted 30.05.2008 P/2009/0476 Erection of 1 no. digester tank, 1 no. digestate store, 1 no. pre and 1 no. post storage tank and reception building for farm waste / office / switchgear (partly in retrospect). Granted 15.12.2009 P/2010/0181 Removal of condition no. 6 and variation to condition nos. 3 and 10 of planning permission code no. P/2009/0476 to allow the continued movement of farm yard muck and arable waste by the road network and the pumping of slurry via an umbilical pipeline from lower park farm to lodge farm and for additional time to be given so that the slurry storage can be assessed over a longer time period. Granted 05.07.2010 P/2010/0779 Condition 1 of P/2010/0181 to be removed as it prevents the generation of renewable energy and condition no. 2 of P/2010/0181 to be varied to apply the restriction to cow slurry only. Refused 01.11.2010 P/2012/0017 An application to import and recycle a wide range of materials including energy crops and industrial biowastes to complement feedstocks in the existing agricultural anaerobic digestion facility, the construction of a small bund, an underground storage tank (in retrospect), and the relocation of the consented generator exhaust stack. Granted 02.04.2012

DEVELOPMENT PLAN

The site is located outside settlement. Policies PS2, GDP1, E5, S7 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards. National Planning Policy is contained within Planning Policy Wales (Edition 7 – Jul 2014), TAN 6 – Planning for Sustainable Rural Communities and TAN 23 – Economic Development (Feb 2014).

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CONSULTATIONS

Community Council: Supports the application. Local Member: Notified 14.04.2014 Site Notice: Expired13.05.2014 Highways: No objection subject to visibility splay controls. Public Protection: No comments. North Wales Police: On checking with our Local Policing Team and our Fire Arms Department we do not have any issues with this planning application. The applicant holds all the relevant firearm, shot gun, dealer and explosives licences/documents required and the premises have been visited on numerous occasions by qualified firearms officers to check on security which has been noted as excellent. Neighbouring Occupiers: 3 neighbouring occupiers notified 23.04.2014. 1 representation received raising the following points: • There has been a marked increase in traffic since the creation of the shop both from customers and deliveries, very noticeable at weekends; • Concerns about the unrestricted timing for vehicle movements and the longer opening times in this quiet rural environment 6am and 10am (weekends) until 5pm. The shop should open normal hours; • The customers and delivery vehicles use the tiny private cut through access by the dwellings along Borras road instead of the newly designated access for Lodge Farm; • The business intends to grow and increase online sales which will increase deliveries to the site; • The proposal does not meet the criteria of policy S7. The existing enterprise should be strictly controlled and not allowed to grow into a rural emporium;

SPECIAL CONSIDERATIONS

Background and policy: Whilst the building in question may have the appearance of an agricultural storage structure, it has previously been

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 accepted that its lawful use is as a general industrial building used for the carrying out of an engineering business associated with the operations at Lodge Farm as well providing engineering services for the agricultural sector in the locality.

Policy S7 of the UDP allows retail sales in the open countryside preferably through the conversion and /or use of suitable buildings providing:-

a) they primarily sell goods or produce predominantly made or grown on the premises; and b) proposals accord with Policy GDP1 (General Development Principles); and c) the sales floor area does not exceed 50 square metres.

The reasoned justification for this policy suggests that this approach will help protect village shops which contribute to the quality of rural life by directing shopping development to existing shopping centres, settlement limits and protecting the countryside from unsustainable development. In exceptional circumstances, limited shopping development in the open countryside (farm shops and craft shops etc.) could create additional employment opportunities and aid rural diversification.

Policy E5 also allows small-scale employment development in the countryside through the conversion of existing structurally sound buildings.

From a retail perspective, the proposal, by virtue of its small scale and specialist nature will not have a significant impact on the vitality and viability of the town or district centres. National and local policy supports locating retail development within town and district centres for various reasons including sustainability, accessibility and opportunities to make linked trips etc. The town centre first principle for this proposal has been considered, but given the specialist nature of the products and the likely rural location of target customers I am satisfied that there are significant sustainability and safety benefits from locating such a retail establishment in this location.

With regards to employment, promoting diversification in the rural economy is a key objective of national policy. PPW recognises that small scale rural enterprises have a positive role to play in promoting healthy economic activity in rural areas and that local planning authorities should adopt a positive approach to development which is associated with farm diversification. TAN 23 also recognises that a wide range of economic activities may be sustainably accommodated in rural areas through the re-use of existing buildings, especially where they are part of or adjoining an existing farm complex where they are suitable for re-use. TAN 6 recognises that farm diversification and retail sales should only be strictly controlled where an unlimited retail use would have an adverse impact upon nearby village shops or centres.

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On balance I consider that the benefits of a town/district centre location for such a proposal are outweighed by the economic benefits of allowing a rural business to diversify. In light of the merits identified for locating this specific retail use in this location, the applicant has provided a list of products that are to be sold. I consider that adequate controls over the scale and nature of the retail activities can be made by planning condition in this instance to justify allowing the development in this location. This will prevent an uncontrolled general retail use in this location which would otherwise not be supported by local or national planning policy.

Highways: It is noted that the use of the part of the building specified for a retail use is likely to result in an increased level of traffic generation at the site. However, I consider that this a small scale specialist retail offer whereby the levels of traffic will not result in significant detriment to the amenity of the neighbouring occupiers. The farmstead is accessed by a long track from Borras Road with improvements to the access being controlled through a previous development relating to the importation of bio wastes and energy crops for the existing digester operation on the site. This condition to secure the visibility splays at this access can be re-imposed.

Concern has been raised regarding the increase use of a private drive which links the farm access to Borras Road by visitors to the site. I am satisfied that there is a suitable access to the site and the unauthorised public use of this private track is a land management matter for those land owners involved.

Other matters: The applicant has stated opening hours for the retail use of between 0600 and 1700 Monday to Friday, 1000 to 1700 on Saturdays and 1000 and 1600 on Sundays and bank holidays. I have no evidence to suggest that these times will be detrimental and given the limited scale of the unit it is unlikely that deliveries and customer numbers will be of a significant level to cause harm to the amenity of the neighbouring occupiers. Public protection have not raised concerns relating to these timings but given that the applicant has stated these operating times, a condition can be imposed to that effect.

Conclusion: I am satisfied that this proposal would represent a logically located enterprise in a rural location which is supported by up to date national planning policy. Any impact upon existing local retailing provision can be adequately controlled through planning condition and I am satisfied that the impact upon neighbouring amenity will be minimal. I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Sales from the premises shall be restricted to firearms and associated country, outdoor, sporting and agricultural goods, specifically those items set

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 out in the list provided by the applicant received 25.07.2014 and forming part of the application. 2. All sales and storage of goods for sale shall be restricted to the mezzanine floor area of the building indicated on the approved plan. 3. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 215 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. 4. The use hereby permitted shall only be open to the public between the following times: 0600 to 1700 Monday to Friday, 1000 to 1700 Saturdays and 1000 to 1600 on Sundays and Bank Holidays.

REASON(S)

1. In order to enable the Local Planning Authority to retain control over the development, in the interests of promoting sustainable retailing provision having regard to policies PS1, PS2, GDP1 and S7 of the Wrexham Unitary Development Plan. 2. In order to enable the Local Planning Authority to retain control over the development, in the interests of promoting sustainable retailing provision having regard to policies PS1, PS2, GDP1 and S7 of the Wrexham Unitary Development Plan. 3. To ensure that adequate visibility is provided at the proposed point of access to the highway. 4. In the interests of protecting the amenity of the neighbouring occupiers of the site.

NOTE(S) TO APPLICANT

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

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

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

Public footpath No 20 - Holt runs from south east to north west along the access road leading to the development site and should not be interferred with. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0292 SITE OF FORMER ROSEMARY 14/04/2014 NURSERIES BURTON HALL ROAD BURTON ROSSETT WREXHAM COMMUNITY: LL12 0AR CASE OFFICER: Rossett SEH DESCRIPTION: DEMOLITION OF EXISTING WARD: STRUCTURES AND ERECTION OF AGENT NAME: Rossett 15 NO. DWELLINGS AND ASTLE PLANNING AND CONSTRUCTION OF NEW DESIGN LTD VEHICULAR AND PEDESTRIAN MR MARTIN PARRY ACCESS

APPLICANT(S) NAME: MR G MYTTON MYTTON HOMES ______

THE SITE

Green Barrier Application Site

Land within settlement limit

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PROPOSAL

This is a full application for residential development consisting of 15 no. 2, 3, 4 and 5 bedroom houses. The application includes a Design and Access Statement, Landscaping Scheme, Lighting Scheme, Sustainable Homes Code 3 Assessment and Planning Statement.

RELEVANT HISTORY

P/2013/0783 16 DWELLINGS INCLUDING ASSOCIATED ACCESS(S) AND WITHDRAWN LANDSCAPING

DEVELOPMENT PLAN

Brownfield site, outside of settlement limit within a Special Landscape Area and Green Barrier. UDP Policies PS1, PS2, PS3, PS4, PS8, PS11, PS12, GDP1, GDP2, H5, EC1, EC4, EC5 and T8 apply. Local Planning Guidance Notes Nos. 7 ‘Landscape and Development’, 10 ‘Public Open Space in New Housing Development’, 16 ‘Parking Standards’, 17 ‘Trees and Development’, 21 ‘Space around Dwellings’ and 27 ‘Developer Contributions to Schools’ are also relevant.

CONSULTATIONS

Community Council: Oppose the application for the following reasons: • The site will be excessively congested; • Increased traffic on Burton Road will be hazardous; • Inadequate drainage in the area. Re-consulted 14.08.14 Local Member: Re-notified 14.08.14 Highways: No objection subject to recommended conditions (see special considerations section below). Welsh Water: No objection to connection to the public sewer subject to recommended conditions. Education: No contributions required. NRW: No objections. As the surface water cannot be directed to the mains sewer, SuDS must be used and as such a condition should be attached to the permission which secures a scheme prior to commencement of development to be approved by NRW. Public Protection: No objection subject to recommended conditions relating to the potential for land contamination and noise nuisance during the construction phase. Site Notices: Expired 22.05.14 Advert: Expired 30.05.14

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Neighbours: 2 letters received raising the following planning considerations: • Increase in traffic generation on an already busy road; • Retention and replanting of native hedges is an important aspect of the development; • Street lighting should be minimal and turned off after 11pm; • Hard surfacing should be permeable to increase natural drainage of the site; • The houses on Rosemary Lane are too close to the highway and would be unsightly and out of keeping. Re-notified 14.06.14

SPECIAL CONSIDERATIONS/ ISSUES

Background: This is a full application for the residential development of the former Rosemary Commercial Nurseries, a Brownfield site which is outside of, but adjoining the defined settlement limit. The application involves a departure from the development plan, and the main issues to consider relate to the sustainability of the location, the impact upon the character and appearance of the area, and upon highway safety.

Local Policy: The site lies outside the settlement limit within a Green Barrier and Special Landscape Area. It is however clearly a Brownfield site and has previously been extensively developed. It also lies immediately adjacent to the settlement limit of Burton. The principle of development in this location is generally unacceptable when assessed against the applicable policies PS1, EC1, EC5 and H5 of the Wrexham Unitary Development Plan with respect to the broad location of development, development within Green Barriers, development within Special Landscape Areas and Housing in the countryside.

Ordinarily I would recommend that planning permission is refused for this proposal which represents a departure from the development plan. However the Council is only required to determine planning applications in accordance with and adopted plan, unless material considerations indicate otherwise.

The re-development of this Brownfield site would not cause any harm to the locality that the UDP policies were designed to protect. Further, the development of this site, even though it is outside of the settlement limit, would comply with policies PS2, PS3 and PS4 relating to not having a material detrimental impact upon the countryside, the re-use of previously developed land and maintaining existing patters of the UDP.

National Policy: Paragraph 9.2.9 of Planning Policy Wales (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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 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 does not lie within existing settlement limits, however in terms of being located within a sustainable location with accessibility to jobs, shops, services and facilities etc. the site is as accessible as properties within the adjoining settlement.

Landscaped Public Open Space is provided on site and a map of the locality accompanies the application which shows reasonable access to shops, local equipped area of play, schools, churches, public houses, medical facilities etc. with the village centre being approximately 600 metres, or less than 10 minutes’ walk, from the site. The A483 Wrexham to Chester bypass can be reached easily from the site in order to gain access to jobs, hospitals and larger entertainment and retail facilities etc.

The nearest bus stop is less than 1km away to the south east on Chester Road which provides a frequent 7 days per week service between Wrexham and Chester. The Building Research Establishment (BRE) has produced a sustainable checklist for developments which provides a common framework for developers and local authorities. This framework suggests that if at least 50% of the development footprint is within 2km of a regular link (every 15 mins) to a major fixed public transport mode (Wrexham bus and Chester railway stations), then good practice in sustainable locations has been achieved.

The proposal would also comply with the objectives for sustainable development set out in paragraph 4.4.3 of PPW, namely the promotion of resource efficient settlement pattern that minimise land take and urban sprawl through the re-use of previously developed land and avoiding the use of Greenfield sites to provide for housing supply, and locating developments so as to minimise the demand for travel, especially by private car. Para 4.7.8 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.

Despite the fact that the proposal does not comply with policies H5 and PS1, given the sustainable location of the development and the brownfield status of the site I accept that its development for residential use in principle would not cause any detrimental harm to the countryside.

Housing Land Supply: Planning Policy Wales (para 9.2.3) requires Local Planning Authorities to ensure that sufficient land is available or will become available to provide a 5 year supply of land for housing. The most recently published Joint Housing Land Availability Study (JHLAS) (2013) found that Wrexham has a housing land supply of 3.4 years.

Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that the results of the JHLAS should be treated as a material

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 consideration in determining planning applications for housing. Where the JHLAS shows a land supply below the 5 year requirement, TAN1 (paragraph 5.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies. Planning Policy Wales includes a presumption in favour of sustainable development.

Local Planning Authorities are required to include a statement in the JHLAS study outlining measures it is taking to address the shortfall in housing land supply. In Paragraph 3.5 of the 2013 JHLAS for Wrexham the Council has acknowledged that appropriate consideration will need to be given to any applications submitted for residential development outside of existing settlements.

In considering the lack of a 5 year land supply in the County Borough, it would be difficult to claim that the proposed 15 dwellings significantly improves the 5 year land supply in order to justify the grant of planning permission on its own. However, given the lack of adverse impact of development it would seem sensible to allow this land to be developed and contribute to the shortfall in the number of houses needed in the Borough.

Planning constraints Whilst the proposal conflicts with a couple of UDP policies as already discussed above, the lack of a 5 year land supply is a significant material consideration in favour of the site being developed. Furthermore the development of the site would broadly accord with the presumption in favour of sustainable development set out in Planning Policy Wales.

Physical constraints There are no significant constraints to development.

Ownership constraints I am unaware of any ownership issues that would prevent the site from being developed.

Economic viability I have no reason to believe that the development is unviable.

Site Layout and Design: This Brownfield site currently houses a number of dilapidated structures associated with its last use as commercial Nurseries. The regeneration of the site will result in the wholesale removal of these structures and the redevelopment will visually enhance the general appearance of the area, in accordance with policy GDP1(a) and PS2.

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The site is bounded by high hedges which, with the exception of those lost to create the new vehicular access, will be retained in the interests of preserving the character and appearance of the site. The existing access will be closed up by the planting of a native hedgerow and by the repair of the existing sandstone walling which will improve the appearance of the site, help maintain its semi-rural appearance and ease the integration of the new development into its surroundings.

The site layout plan demonstrates that the site can accommodate the 15 dwellings proposed whilst providing private gardens and off street parking as well as a central area of public open space that will benefit from natural surveillance thus discouraging anti-social behaviour. The location of the POS along the front boundary also helps to reduce the impact of the built development as it ensures that the properties are set back from Burton Hall Road, and allows for significant tree planting in this location in order to soften and screen the development. The dwellings on Rosemary Lane maintain the existing building line and the corner plot has been designed to provided visual interest on both aspects which will be softened by the planting of native hedges and trees.

The house types have been carefully designed to ensure that the development does not turn its back on the highways fronting the site. The dwellings face the highways in order to provide active frontages in the interests of the visual amenities of the area. The appearance of the houses has been traditionally influenced and the addition of chimneys completes the design. The doors have been designed to be more in keeping with the late Victorian/early Edwardian influence, and the scale and design of the houses respects the local vernacular and semi-rural character of the locality. I have included a plan of the proposed street-scene onto Rosemary Lane below.

Figure 1 – Perspective View from Rosemary Lane

Residential Amenity: There would be no issues of overlooking or loss of light to the existing nearby dwellings arising from the proposed development. The site layout has been carefully 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 in the interests of the residential amenities of the occupiers.

POS: In additional to the POS provided on site the developer pay a commuted sum of £15,000 towards the improvement of play facilities at the existing play area in Burton. The commuted sum will be secured as part of

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 the S106 agreement along with a requirement to the set a management company to maintain the on-site POS.

Highways, Access and Parking: The site is located with a frontage onto two classified highways; Rosemary Lane is subject to a 30 mph speed limit and Burton Hall Road is mainly subject to the national speed limit.

The existing access to the former nurseries is located on the corner of the site accessing out onto Burton Hall Road. The site plan shows the closure of this access to vehicles in a favour of a single vehicular access onto Burton Hall Road which has been demonstrated on the site plan as having adequate visibility in both directions. There will be no vehicular access onto Rosemary Lane. Parking provision is accordance with LPGN No.16

Burton Hall Road is subject to a 30 mph limit for the first 20m from its junction with Rosemary Lane, at which point the national speed limit applies. Given the scale of the development it is considered necessary to relocate the speed limit beyond any proposed new access, and this will be secured by planning condition.

The road is approximately 4.1m wide which results in vehicles struggling to pass each other simultaneously. It is recommended that a road width of 4.8m is provided between the site access and Rosemary Lane which would benefit not only the occupiers/visitors to the site, but all users of this highway. A scheme demonstrating how this will be achieved must be submitted for approval prior to work commencing on site, and this should also be secured by planning condition

A footway will be provided within the site to allow adequate access for residents on to Rosemary Lane whilst leaving the existing boundary hedge intact (except for the relocation of the site access). The south westerly pedestrian link on to Rosemary Lane will require the removal of a wall and some minor footway construction works. A detailed scheme for these works should also be submitted for approval prior to work commencing on site.

The developer has indicated that the estate road will remain private. Manual for Streets suggests that it is possible for streets to remain private as long as a properly constituted body with defined legal responsibilities is established to maintain the street to the common benefit of the residents in perpetuity. This will form part of the S106 agreement. In this instance the Highway Authority would not wish to adopt any more than the first 6m back from the edge of the Burton Hall Road. The remainder should be passed into the control of this private management company.

Trees and landscaping: As mentioned above, the POS fronts the site which affords adequate opportunity for comprehensive tree and boundary planting. As the properties have been designed with their frontages facing outwards, there is potential for the rear of the properties within the site to have a sterile appearance. As such the use of brick boundary walls will be used instead of

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 close boarded fencing, and the materials for the hard landscaping will also be carefully considered to create an interesting floorscape. Parking areas will be broken up with planting and screened by attractive walls, and the use of lit bollards within the site will ensure a more sensitive lighting scheme. The final landscaping and lighting schemes will be secured for further approval by way of planning condition.

Drainage: There are no objections to the scheme from either Welsh Water or Natural Resources Wales (NRW). A comprehensive drainage scheme will be required by planning condition.

Conclusion: Whilst representing a departure from some of the policies of the adopted UDP, the development of the site is justified in this instance as contributing to the 5 year land supply, being in a sustainable location and providing an acceptable form of development. The current proposal also offers the opportunity to bring a previously developed site back into beneficial use and visually enhance the area in accordance with planning policies GDP1 (a) and PS2.

RECOMMENDATION A

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

• Future maintenance by the applicant of all communal areas including the parking areas, POS, hard and soft landscaped areas and planted features. • Payment of the commuted sum of £15,000 for the augmentation of existing off-site local equipped play facilities of Greenfields in Burton.

The final form and amount shall be determined by the Head of Community Wellbeing and Development.

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 Community Wellbeing and Development be 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, POS, hard and soft landscaped areas and planted features. • Lack of adequate provision of local equipped area of play.

That the Head of Community Wellbeing and Development is given delegated authority to determine the final form and content of reasons for refusal.

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RECOMMENDATION C

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

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. 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. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the buildings. 4. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 5. The following activities should not be carried out under any circumstances: 1) No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2) No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works.

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3) No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

6. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 7. The tree protection fencing and ground protection measures approved in connection with condition no. 06 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 8. The existing hedges along the north east and south east boundaries shall be permanently retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height falls below 3 metres at any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved in writing by the Local Planning Authority. 9. The development shall be carried out in strict accordance with the methodology, findings and recommendations contained within the Ecological Report as carried out by Ascerta and dated November 2013, revised on 14 January 2014 approved as part of this application. 10. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 11. 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. 12. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 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. 13. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 13. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 14. Within 3 months of the commencement of development, full details of both hard and soft landscape works, to include some native planting, site contours, boundary treatment details and landscape features such as garden seats, shall be submitted to and approved in writing by the Local Planning Authority.The plan shall include a timescale for the implementation of works, and shall provide for ecological improvement / habitat creation and enhancement in the soft landscape areas for the benefit of biodiversity conservation specifically tailored to the landscape features. 15. The landscaping scheme submitted and approved in connection with condition no. 15 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 16. The planting scheme implemented in connection with condition no. 16 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 17. Within three months of the commencement of development 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. 18. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

19. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 18 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 20. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 21. The vehicular parking and turning areas as shown on approved drawing(s) No(s). GM0005/PL02 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. 22. 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. 23. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed new footway / carriageway, 2) Road widening, 3) Kerb construction along Burton Hall Road, 4) Private Road Signage at site access, and 5) Relocation scheme for speed limit on Burton Hall Road. The scheme as is approved shall be fully implemented prior to first use of the development. 24. Within 3 months of commencement of development a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme as is approved shall be fully implemented in all respects prior to first use of the development. The approved lighting shall thereafter be retained and shall only be replaced on a like for like basis. 25. No part of the development shall commence until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. The scheme as shall be fully implemented prior to construction of any impermeable surfaces draining to the system.

REASON(S)

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4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 5. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 6. To ensure that the retained trees are adequately protected during development in the interests of amenity. 7. To ensure that the retained trees are adequately protected during development in the interests of amenity. 8. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 9. In order to protect wildlife interests which are afforded special protection. 10. To protect the amenities of the occupiers of nearby properties. 11. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 12. To ensure satisfactory drainage of the site and to avoid flooding. 13. To ensure satisfactory drainage of the site and to avoid flooding. 14. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted and to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure landscape features are properly considered and protected. 18. In the interests of the amenities of the future occupants of the buildings 19. In the interests of the amenities of the future occupants of the buildings 20. To ensure that adequate visibility is provided at the proposed point of access to the highway. 21. 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. 22. In the interests of highway safety. 23. In the interests of highway safety. 24. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 25. To prevent the increased risk of flooding on and off site.

NOTE(S) TO APPLICANT

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

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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.

This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as ""conditions precedent"". You should be aware that it is important that you comply with any ""conditions precedent"". If

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 you do not, then any work you undertake on the development subject of this permission would not have planning permission.

Further advice on compliance with condition nos 19 and 20 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.

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

The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s). 21 -24 to be formally discharged in writing.

This permission requires that development be carried out in accordance with the approved plans, including the construction of a new access and footway improvements intended for adoption by the Council under the Highways Act 1980. It is therefore essential that the detailed proposals are submitted to the Highway Authority for written approval BEFORE the development commences. Please contact the Highway Authority on telephone no. 01978 729696 for further guidance. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 restored opencast sites or quarries and former colliery spoil tips.

You are advised that this grant of planning permission was made following the completion of an Agreement under Section 106 of the Town and Country Planning Act. Before undertaking any work under this permission you are advised to obtain full details of the Agreement and ensure that you are able to comply with its terms. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0307 PEN Y BRYN FARM HIGH STREET 23/04/2014 PENTRE BROUGHTON WREXHAM LL11 6AW COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: MP ERECTION OF STEEL FRAMED WORKSHOP / STORAGE BUILDING WARD: AND STEEL FRAMED STABLE AGENT NAME: Bryn Cefn BLOCK FOR USE IN CONJUCTION STEELFORCE UK WITH EXISTING BUSINESS MR S JAMES

APPLICANT(S) NAME: MR WILLIAMS ______

THE SITE

Settlement limit

Proposed stable

Proposed workshop/storage building

PROPOSAL

As above.

HISTORY

P/2004/0104 Alterations to existing kitchen and extensions to form office / shower / wc block to serve riding centre. Granted 11.3.2004

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DEVELOPMENT PLAN

The buildings will be located outside of the settlement limit and within a Green Barrier. Policy GDP1 and EC1 apply.

CONSULTATIONS

Community Council: Consulted 2.5.14 Local Member: Notified 2.5.14 Public Protection: Recommend noise conditions Highways: No representations on highways grounds/ Welsh Water: Consulted 2.5.14 NRW: Consulted 2.5.14 Site Notice: Expired 30.5.14 Neighbours: The owners/occupiers of 10 nearby properties Notified 30.5.14. The owners/occupiers of those and an additional 7 properties notified about amended plans 15.7.14 and 16.7.14. 1 letter of objection to the original plans received expressing the following concerns: The site is an eyesore; Flooding problems; No attempt made to keep the road clean; Odour; Potential for manure to be dumped close to neighbouring properties. 1 letter of objection received to the amended plans expressing the following concerns: The stables are still too close to houses; There has been a big problem with rats. If the stables are built this problem will be bigger; The area has been used as a rubbish tip; Stables in a flood zone.

SPECIAL CONSIDERATIONS

Policy: Policy EC1 only permits developments within Green Barriers that are for agriculture/forestry or essential facilities for outdoor sport and recreation.

Despite the name of the premises the existing stables/horse riding business is not classed as an agricultural use. Nevertheless equestrian businesses are, by definition, rural enterprises so it is inevitable that they will require land and buildings located outside of settlement limits in a similar way to farm or forestry businesses. Therefore despite the fact that equestrian based uses are not explicitly mentioned by the policy I do not believe it would be reasonable object in principle to the development.

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Visual impact: The proposed stable block and workshop/storage building will be sited close to the existing buildings and therefore form a logical addition to the site. Individually and cumulatively they will not have a significant impact upon the openness of the Green Barrier nor will they be particularly prominent within the wider rural landscape to the west of the site.

Whilst the site is elevated relative to High Street Pentre Broughton neither building will be unduly prominent with views of them from High Street largely screened by existing buildings.

Both buildings will be broadly similar in appearance to modern agricultural buildings and this is acceptable given their intended use.

How well maintained the site is at present is not a material consideration. It is only possible for me to consider the merits of the proposed development. Whilst also noting that an objector suggests that the site is used as a rubbish tip, I have no reason to believe that it is being used for any other purpose other than as a stables/horse riding business.

Amenity: The stable block will be around 45 metres from the boundary nearest dwelling and as such will not give rise to loss of light or prove overbearing.

With reference to British Horse Society guidelines in respect of stable sizes the stable block will be capable of accommodating around 10-12 horses. Given the distance to nearby dwellings this is unlikely to result in significant noise or other disturbance. Provided the use of the stables is well managed I also see no reason why the development will give rise to significant odour or problems with vermin. It is worth noting that the proposed stable block is further away from the nearest dwellings than the existing stable buildings.

The workshop/storage building will be around 35 metres from the nearest dwelling. Whilst it will be built on land significantly higher than those dwellings, it will be located behind the business’s existing buildings which will largely screen it from view thus ensuring it will not give rise to loss of light or prove overbearing. The building is to be used to maintain/store vehicles and equipment used in conjunction with the operation of the stables business. Given its modest size and position it is unlikely the use of the building will give rise to levels of noise that will harm the amenity afforded to the occupiers of nearby properties.

Drainage: The site is not located in a flood plain and the proposed buildings will not significantly increase the amount of impermeable surfaces. There also appears to be ample scope for surface water to be dealt with within the site so I do not anticipate there to be a significant risk of the development causing or increasing off-site flooding. Details of how surface water is to be managed will be required by condition.

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Conclusion: The development accords with the relevant Unitary Development Plan Policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until a scheme of surface water drainage 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. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. The workshop/storage building shall not be used for any purpose other than for the maintenance and storage of vehicles and equipment used in conjunction with the operation of a stables and horse-riding business at Pen Y Bryn Farm, High Street, Pentre Broughton. 5. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

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

NOTE(S) TO APPLICANT

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0335 7 FFORDD ELAN ACTON PARK 12/05/2014 WREXHAM LL12 7RG COMMUNITY: CASE OFFICER: Acton DESCRIPTION: PF TWO-STOREY SIDE EXTENSION

WARD: APPLICANT(S) NAME: AGENT NAME: Acton MR KEITH LLOYD MR KEITH LLOYD ______

THE SITE

Proposed extension

PROPOSAL

Planning permission is sought for the erection of a two storey extension to the northern elevation of the dwelling. The proposed extension would result in a 4 bed dwelling with enlarged ground floor accommodation. Amended plans have been received during the consideration of this proposal which have significantly altered the visual appearance of the extension.

HISTORY

None.

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DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and T8 are relevant. Guidance is contained in Local Planning Guidance Note 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

A period of reconsultation was carried out on 11.08.2014 following the receipt of the amended plans.

Community Council: Objects. It considers the extension proposed within the application to be an overdevelopment of the site and bigger than it would expect to see in the neighbourhood. Local Member: Notified 14.05.2014 Site Notice: Expired 05.06.2014 Neighbouring Occupiers: 8 neighbouring occupiers notified 05.06.2014. Four representations received raising the following points: - The original development of this estate was restricted to bungalows only by Wrexham Council and although numerous properties have been extended previously they are all still single storey which has maintained the character and harmonious nature of the area; - The proposed extension is on a scale and size which is totally out of character with the area. The height alone means it would dominate and overlook the neighbouring properties rather than blend in and cause a loss of natural daylight; - Concerns about inadequate parking facilities as a result of the two households having a total of five bedrooms which may result in vehicles parking on the road; - An existing 3 metre wall has been erected and planning permission / Party Wall notification has not been sought. - The applicant has informed residents that he will be carrying out the building work himself which may lead to a long timescale for the completion of the works. - The existing property is a two storey property which started out as a split level bungalow with a garage to the ground floor; - The proposed accommodation could easily be converted to a self-contained property which could be used for letting purposes.

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SPECIAL CONSIDERATIONS

Policy: I understand that provisions may have been made at the time of construction of the properties that their character be restricted to single storey. It is likely that such restrictions will have been imposed by the land owner at the time, believed to be one of Wrexham County Borough Council’s predecessor organisations. It is important to note that there are no current planning policies or guidance notes which seek to restrict developments in this area to any particular size. All developments are considered against the general development principles set out in policy GDP1 and LPG20. The main issue to consider is whether the proposed extension is a sympathetic addition to the dwelling and wider street scene and whether the extension would harm the amenity of the neighbouring occupiers.

Design: The existing property is split level taking into account that it is built on an incline along Ffordd Elan. Its principle elevation is a gable fronting onto the road with its ridge offset towards the northern elevation thus creating a higher eaves height when viewed on approach from below along the adjoining highway. For the benefit of members, a photograph of the approach to the property is shown below.

Application site and position of proposed extension

Application site

View of property when approached from the north and south

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The proposed extension would be built from the elevation with the two storey level eaves and would project from the side of the existing property by 6.4 metres. This is marginally more than half the width of the existing frontage.

I acknowledge that the works would represent a prominent addition to the dwelling due to the slope of the site. However, the extension would be no higher than the existing dwelling. It would also take into account the shape of the existing property and incorporate a low sloping roof out from which would be the main bulk of the extension. When viewed in a wider context, whilst the properties along Ffordd Elan are predominantly bungalows, there are two storey dwellings on the neighbouring streets and on balance I am satisfied that the extension would not represent an over dominant addition to the dwelling and can be considered acceptable in the street scene.

Amenity: The proposed extension would satisfy the amenity separation standards as set out in LPG20. The main issue to consider is how the extension would be viewed from the properties to the side and rear along Ffordd Elwy which are set at a lower level.

The applicant has sought to address this issue by not placing habitable room windows to the rear and by the addition of an obscurely glazed window in the side elevation. I am satisfied that these measures would prevent direct overlooking occurring.

Whilst the neighbouring properties (2 and 4 Ffordd Elwy) are set lower, I consider that the distance of 18m and 22m between footprints will not result in the proposal being an over bearing structure for those occupiers. There is currently a detached brick built structure in the garden area of No.2 Ffordd Elwy which would be seen set against the proposed structure reducing any potential dominance.

Parking: The proposal would result in a 4 bedroom dwelling requiring a maximum provision of 3 off road parking spaces in accordance with LPG16. I am satisfied that this scheme would not preclude the parking of three motor vehicles in accordance with the maximum adopted standards.

Other matters: The applicant has provided information to state that he intends to purchase a strip of land along the boundary with no. 2 Ffordd Elwy to facilitate access around the proposed extension. This is not a critical matter to determining this scheme as access is available around the other side of the dwelling. The purchase of the land is a private matter between the interested parties.

Concerns have arisen that the accommodation could be subdivided in the future and privately sold or let. This does not form part of this proposal however and such a split would require a separate application for planning permission at which point full consideration would be given to the impacts of such a proposal.

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Issues relating of other forms of development on the site which do not form part of this proposal will be investigated, however any requirements which relate to the Party Wall Act 1996 are not a planning matter and should be dealt with privately by the parties involved.

Conclusion: Although this scheme will represent a prominent addition to the dwelling, I do not consider that it would be detrimental to the character of the dwelling or wider street scene. 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. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the extension facing north east and south east.

4. Prior to the first occupation of the extension hereby approved, the window identified on the approved plan no.02 Rev A facing north east serving the master bedroom shall on be glazed and reglazed using obscure glass and only the lower casement shall be allowed to open. For the avoidance of doubt the upper window casement shall be permanently fixed shut. 5. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 02 Rev A and contained within the application documentation.

REASON(S)

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

NOTE(S) TO APPLICANT

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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/2014 /0365 ROMNEY COTTAGE MARFORD 20/05/2014 HILL MARFORD WREXHAM LL12 8TA COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: PF LISTED BUILDING CONSENT FOR INTERNAL ALTERATIONS AND WARD: GENERAL REPAIRS AND AGENT NAME: Marford & Hoseley IMPROVEMENTS. GARRY BENTLEY DIP ARCH APPLICANT(S) NAME: MR DAVID PICKERING ______

THE SITE

PROPOSAL

Listed building consent is sought for internal alterations and general repairs and improvements to the existing building. The works involve general refurbishment of the main cottage and upgrading of the garage / store room which forms the central element of the row to form habitable accommodation.

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HISTORY

None relevant.

DEVELOPMENT PLAN

The site is within settlement. Policy EC9 of the Wrexham UDP is relevant as is the guidance issued by the Welsh Government in Circular 61/96 Planning for the Historic Environment: Listed Buildings and Conservation Areas.

CONSULTATIONS

Community Council: Gresford Community Council requests that the repairs are tastefully carried out to maintain the original features of the property and measures be taken to reduce flooding. Local Member: Notified 27.05.2014 Site Notice: Expired 18.06.2014 Press notice: Expired 20.06.2014 Ancient Monument Society: Consulted 27.05.2014 Council for British Archaeology: Consulted 27.05.2014 The Georgian Group: This application aims to bring Romney Cottage up to an acceptable standard, and we have no objections in principal with this application. However, we do have one issue regarding the full length glazing that is proposed instead of the current boarded doors. A half boarded, appropriately designed opening would be in better keeping with its surroundings, rather than the proposed alien addition. Victorian Society: Consulted 27.05.2014 SPAB: Consulted 27.05.2014 DHS: Consulted 27.05.2014 Neighbour Notifications: 7 neighbouring occupiers notified 27.05.2014.

SPECIAL CONSIDERATIONS

Design: In accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990, the Council are required to ensure that in approving schemes for listed building consent, such works should not detrimentally affect the fabric, character and setting of such listed buildings.

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Romney Cottage forms part of a larger terrace of former Trevalyn Estate Cottages which all listed grade II in recognition of their special architectural interest. The terrace is particularly distinct within the village having a convex curved front elevation and displaying the characteristic conical bays, curved walls, brick dentil course and ogee arched windows and doors and contributes significantly to the special interest of the Conservation Area.

The works involve general refurbishment of the main cottage and upgrading of the garage/store room, which forms the central element of the row, to form habitable accommodation. I have no objections to the works to this section of the building which originally would have been used for residential purposes but has subsequently over time been adapted and used for storage and garaging purposes, at which time the boarded garage and store doors to the rear were inserted.

The works and materials proposed as part of the repairs, upgrading and renovation are acceptable for the listed building and will ensure the historic fabric of the building is appropriately conserved and a continued use for the building is sustained.

The most significant alterations to the interior consist of two new openings to connect the former garage/store to the main cottage, one at ground floor and one at first floor level, the insertion of a new staircase to provide access to the new bedroom and the replacement of existing garage and store doors with new glazed doors.

The new openings to the interior have been positioned to minimise interruption of original features and the brickwork removed will be conditioned to be re-used in any brickwork repairs.

Current access to the first floor is via small stair set behind the original front door. The existing stair is not considered to be of such high historical value to merit its retention and the new staircase is positioned in an area where significant replacement of the existing floorboards is already required and where it complies with building regulations. This will help ensure more the original fabric is preserved in the building. The design of the staircase will be conditioned for subsequent approval.

Lastly the glazing of the garage and store openings is proposed. The existing timber doors are not considered to be high historical value and clearly represent a later alteration to the building. As such the full glazing of the openings is not considered to detract from the special interest of the cottage.

To the rear interior right side of the garage there is an earlier timber frame exposed at first floor. As part of the scheme it is proposed to remove modern cement render which has been applied to the lower section of framing to reveal this earlier phase of construction within the building. The works will need to be subject to conditions to control the methodology and use of materials.

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Conclusion: I am satisfied that the proposed works will not result in harm to the character and appearance of this listed building and I recommend accordingly.

RECOMMENDATION

That the Welsh Government should be advised that Wrexham County Borough Council is disposed to grant Listed Building Consent in accordance with Article 3 of the Planning (Listed Building Conservation Area) Regulations 1990 subject to the conditions specified below.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The works hereby granted consent shall be commenced before the expiry of five years from the date of this consent. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered P21/01A, P21/02A and P21/03A and contained within the application documentation. 3. Prior to commencement of the works hereby approved a site meeting between the Council's Conservation Officer and the Contractor shall take place in order to determine the extent of repair and replacement of the historic fabric. The applicant/contractor shall give the Council's Conservation Officer no less than 5 working days notice in writing of this meeting. 4. Prior to installation, details of all internal and external joinery including their decorative and protective finishes shall be submitted to and approved in writing by the Local Planning Authority. The works shall only be carried out in strict accordance with such details as are approved. 5. Any additional repairs to and the extent of all new and replacement roof timbers shall firstly be agreed in writing by the local planning authority. The works shall be carried out strictly in accordance with the details as may be approved. 6. Prior to their installation, details of all new and replacement rainwater goods, to include the nature of the material, profile and decorative finishes shall be submitted to and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the details as may be approved and shall thereafter be retained. 7. Prior to their use on the building samples of all new and replacement roof slates and all brickwork shall be submitted to and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the details as may be approved. 8. All repointing and plastering works shall be carried out using a lime based mortar only. The Council's Conservation Officer shall be given 5 days notice in writing of a meeting on site to approve the mix and finish. Works shall only be carried out in strict accordance with such details as are approved.

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REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To protect the integrity of the Listed Building. 4. To ensure the works reflect the character and appearance of the building. 5. To ensure the works reflect the character and appearance of the building. 6. To ensure the works reflect the character and appearance of the building. 7. To ensure the works reflect the character and appearance of the building. 8. To ensure the works reflect the character and appearance of the building. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0372 TALWRN FARM TALWRN ROAD 28/05/2014 LEGACY WREXHAM LL14 4ER COMMUNITY: CASE OFFICER: Esclusham DESCRIPTION: JS ERECTION OF BARN EGG LAYING UNIT WITH ASSOCIATED FEED WARD: BINS, HARDSTANDINGS, ACCESS AGENT NAME: Ponciau TRACK AND ALTERATIONS AND D & P J MOLLOY UPGRADING OF EXISTING HIGHWAY ACCESS ONTO TALWRN ROAD

APPLICANT(S) NAME: D & P J MOLLOY ______

THE SITE

The site is located to the north west of the farmstead buildings of Talwrn Farm. The current access to the farm is onto Talwrn Road.

Proposed egg laying unit building

Talwrn Farm

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PROPOSAL

As above.

The building is 80m long by 26m wide, 2.7m high to eaves and 6.2m high to central ridge line. There are two small store buildings at one end of the building and 2 feed store silos which are the same height as the building. Along the ridgeline there will be 9 ventilation chimneys. The building will be clad externally with insulated profiled metal sheeting. Birds will be kept inside the building for the full duration of the egg laying cycle – which is 60 weeks. All waste water is collected in an underground tank, and manure is only removed at the end of 60 week egg laying cycle.

Access to the site is via the existing farm access which has been altered. The alterations have made the existing access wider which has improved visibility. This element is being applied for retrospectively as part of this application and also serves the existing farm.

The application has been submitted with an Odour Impact Report, a revised ecology report and a Surface Water Management Design Report.

The Surface Water design scheme incorporates a SuDs as part of the development, and this is seen as an acceptable way to control surface water discharges from the site.

Details of a Poultry Manure Management scheme were submitted with the previous application (P/2013/0283) and will be similar for this application since the building is the same size and the number of birds. As part of that report it was estimated that about 400 tonnes of poultry manure will need to be removed from the site at the end of the 60 week cycle because on-site stockpiling is not acceptable. The process is likely to generate between 15 to 20 lorry loads (which is also confirmed in the current application) - the number being dependent upon vehicle size. It is expected that a large proportion of the manure will be used on local arable land. Once manure has been removed the internal structure of the barn is dismantled and everything is washed down. All dirty water from the washing process is collected in underground containment tanks. The tanks are emptied into tankers and the waste is used as a dilute fertilizer for agriculture. All this action is controlled by Defra Code of Practice for dirty water handling and disposal.

HISTORY

P/2013/0283 Erection of agricultural building for egg production. Refused 29.7.13. Access for this proposal was intended to be from Llwyneinion Road, to use an existing access point via land owned by Scottish Power. Four reasons were included as part of the decision – referring to UDP policies EC3, EC5, GDP1 d) and f)

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DEVELOPMENT PLAN

Outside the settlement limits. The main part of the site is also within an area of special landscape value. UDP Policies PS2, GDP1, EC3, EC5, EC6 and T8 apply.

CONSULTATIONS (based upon initial submission)

Community Council: Esclusham – the application shows modification to the site access, building orientation and surface water management, but all other details are the same as previous one that was recently refused. The same issues apply in relation to special nature of the landscape, permissive rights of way that cross the site (map enclosed), adjacent to extended AONB, and it still does not comply with policy EC5. No updated ecology report has been submitted or mitigation for loss. Policy EC3 is also still viewed as valid as the location has not changed. It would be more in character if the barn was located nearer to the farmstead. SuDS will not work in the area, and although it is within Zone 1 flood risk, the information ignores the fact that the outflow form the SuDS attenuation pond is into a zone 3 flood risk area, and this may require a larger surface water storage unit. The area of the pond will measure 12 x 32m and 0.7m deep, and this area is accessed on an almost daily basis by residents and this right of way will be removed. The position of the containment pond is not shown. Modification of access has already taken place. The splays are not sufficient for the access. A substantial part of existing embankment to create splays is required. Road network is unsuitable. Improvements to HGV route is required to allow the passing of HGVs and schemes are required to widen the two pinch points to match the 6m width at other locations. The application would receive more support if the position of the egg barn was put within the curtilage of existing farm buildings, and it should be a size that blends in with existing structures. Revised and more substantive details of the SuDS scheme should be provided. Provision of a S106 legal obligation should be required to request improvements to existing local road infrastructure.

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The visibility splays (south) should be improved. The applicant should be required to operate in line with the mitigation measures identified in the Odour Assessment report. Adjacent Com Council: Rhosllannerchrugog – As similar to the previous application, the Council still objects. It is noted that the position of the access has changed, but are aware that there are issues with such a large number of HGVs using this stretch of the highway. A copy of the previous objections submitted, and those objections raised issues in relation to: • smell, • noise from high speed ridge mounted fans, • dispersion of waste/smell to further distances, • odour emission, • increased traffic, • nearby water course is already affected by flooding, • pollution (airborne, water, flies and vermin) and • the development will not bring employment or prosperity to the local community. Local Member(s): Notified 30.5.14 Welsh Water: Consulted 30.5.14 Natural Resources Wales: The site is within Zone A as defined in TAN 15, and the development is likely to increase the surface area of impermeable ground, thus reducing percolation and increasing rapid surface run-off. As a result the proposed development should not be allowed to increase flood risk elsewhere. It is noted that there is an intention to limit surface water run-off from the site to greenfield rates for all events i.e. 1 in 1 year up to 1% (1 in 100 years) plus climate change storm event. The surface water management design has not been seen, and therefore a condition is required to ensure that the surface water regulation system is submitted to and approved, and that an assessment is made to consider the potential for disposing surface water by SuDS, and results submitted to LPA. The manure storage will need to comply with “SAFFO” Wales regulations. NRW will need to be contacted 14 days before bringing any new slurry structure into use. A manure management plan is required. The impacts on biodiversity interests need to be examined. Public Protection: No objections. Conditions are recommended. The Odour Mitigation Options as detailed in Appendix 1

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of the ADAS Assessment of the Odour Impact for the unit should be incorporated into any permission. Highways: The site is located on classified highway, which is subject to 30mph speed limit. The site previously had visibility splays of 2.4m x 20m to south west and 2.4m x 10m to the north. The applicant has undertaken works and this has resulted in significant visibility improvements for vehicles exiting the site. The roads giving access to the site from further afield e.g. B5097 and B5426 are below current design standards, and they are not ideal for use by HGVs. The submitted Design and Access Statement confirms that there will be only 3 additional lorry movements per week, and that there is no intention to use Smithy Lane for access, and a planning condition can be imposed to control this. Whilst accepting that the roads are not ideal, the roads are already used by an existing Haulage Yard and the Car Breakers Yard on Llwyn Einion Road, and the road is also used to access the Coppi Industrial Estate. Since the use will only generate 1 additional HGV movement every 3 days, a recommendation for refusal cannot be supported. It is noted however that more traffic will be generated on one day every 60 weeks, but this is not enough to justify a refusal. It is also noted that HGVs for the use will be kept to a minimum as it is hoped that the manure will be taken off site using tractor and trailer loads to local farms, and this is consistent with agricultural uses. Conditions are recommended. Site Notice: Expired 25.6.14 Press Notice: Expired 25.7.14 Other Representations: 22 neighbours notified, and 56 responses received, raising the following: • No consultations have been carried out by the applicant with local residents. • The use may impact upon residential properties and schools. • The access is questionable for use for large vehicles. • Smell, dust and noise will cause issues for nearby properties. Noise from 1200 cockerels and 16000 chickens could be horrendous. Noise from fans. Prevailing winds will make this worse for some residents.

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• Scale is too large. It is the wrong type of intensive development for a mainly residential area. • Previous application refused under policies EC3, EC5, GDP1, PS2 and T8. Other than proposing a different access, which work has commenced by removing a mature tree, the proposal is still contrary to policies. This application gives a slight reworking of the previous application. The building is still in an isolated location some distance from the farm complex. The scale is an unnecessary intrusion into the landscape. The surrounding highway network is substandard and unsuitable to take increased HGV movements to be generated by the proposal and it will result in unacceptable increase in noise, odour and HGV traffic movements within close proximity to residential properties, and the crematorium. No alterations have been made to reduce its visual impact. • Roads are not suitable – very narrow and twisty. It will be dangerous to walkers and cyclists. Vehicles have trouble passing each other sometimes. There are blind corners, uneven camber, permanent water leaks, narrow bridges and tight spots. The surface is not good. • Roads already need to cope with some HGVs and Scottish Power vans. There are plenty of near misses and accidents. • HGVs will meet a hearse on the highway, and this will result in hearses having to reverse along the road to get out the way of larger vehicles. • Speed limit of top half of Smithy Lane was reduced from 60 to 50 in recognition of the poor highway. • The existing farm has a very sharp bend by its access, and when it was only used as a small holding, people travelling along the highway would only expect the odd tractor, but not vehicles associated with factory farming. This type of use is better suited for an industrial estate and not a country lane. The access is also on a hill, and is concealed. Road is already very busy. The blind bend to west of access causes poor visibility, and is close to minimum breaking distance for vehicles

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travelling at the restricted speed limit. Existing speed limits are not observed. • There are no pavements in the area, and it will be more hazardous for pedestrians and dog walkers. • Rodents and flies will be attracted to the development. Fly problems cannot be excluded. • Property will be devalued. • This will not serve the real needs of the community. • There are enough trading estates locally. • Adverse impact on wildlife. Wildlife is only starting to recover from previous industrial decisions. • Hours of opening are not known. It will be a 24/7 operation. • The farming method is very intensive and different from sheep grazing and producing hay. No stock has been seen grazing on the land for the last 9 years. • The area already lives under the threat of the acid/tar lagoon, and the possible threats to water pollution, odours and fires. • The Council has been requested to install lights along this highway because of highway safety concerns. • There is a right to roam across the field. There are permissive rights of way over the applicants proposed site. Policy CLF6 would be compromised. • The site is visible from the field. • Site is within Special Landscape area. It will be a scar on the landscape • Residential property will be clearly visible from the site. • TAN 6 is relevant. • Further trees would need to be felled to achieve adequate visibility splays. • The access track has no passing places. • No detailed evidence regarding likely trip calculations other than a list of estimates has been submitted. Sometimes it could be up to 20 vehicles entering the site at peak times. • The buildings are a visually intrusive design. They will be detrimental to the landscape.

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• Ecology surveys are not adequate and are out of date. The submission of the updated report still has glaring errors and is not fit for purpose. • The extra traffic will deter current users of this highway – walkers, cyclists, etc. • Area is bustling with tourist and local visitors using the area for recreation, and therefore this is not a suitable area for such a development. It will wreck the countryside. • Site is close to former railway line, and this proposal will have an impact on that being developed for amenity purposes. • It will cause impact on water course. Flood issues will occur. The site is level and it will cause a build-up of water, to cause leakages into the building to soak into the manure. Drainage system will be prone to failure if not adequately maintained. • Intensive industrial poultry farming is constantly changing and it would leave a blot on the landscape if the unit is closed. • The altered access point will be more dangerous than the previous application. • Animal welfare concerns. Method of farming is inhumane. • There has been a marked increase in traffic using the road since traffic calming measures on Johnstown to Rhosllanerchrugog road was introduced. • The access as altered at the site does not allow enough room for two vehicles to pass each other at the neck of the entrance. • The access is directly opposite another commercial enterprise, and this increases danger. • The access does not meet the national Design Guide for Roads and Bridges, or similar documents. • HGVs will be tempted to use the more restrictive route of B5426 to B5605 unless there is a restriction to weight or size. It would be more sensible and less dangerous to use the established road from the Manweb site exiting on the B5426 to the west of the substation site. • Existing B-roads in the area already struggle to cope with existing traffic • The proposal will have no advantage for the local community.

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• Entrance doors will now face the other way when compared with the other application. • Own access will be used by mistake. • Contrary to policy E6 • Submitted plan of the road (drawing IP/PM/02) is not a true reflection of the existing road, as this does not show the actual location of the road, banks and changing gradients. This does not show the position of visibility splays, and the splay for 30mph is 70m in either direction. • Site screening is immature planting, and it will take many more years to mature to a level that will sufficiently camouflage the development. The current screening was undertaken by public money from Tir Gorfal Agri- Environmental Scheme which aims to encourage practices to protect and enhance landscapes in Wales, etc., and surely this should not be used for this type of development. The applicant secured money to allow the land to be a conservation area, and now that the money is gone, the proposal is the exact opposite. The proposal breaches the requirements of Tir Gorfal, that is, a tree and hedge has been removed, and the tree has been left in the field to rot. The development is within 10m of a watercourse. It does not include permitted animals (dairy cows, beef animals, suckler cows, sheep or horses). It will affect protected species. Hens are non-native birds. Public access to open access areas should be allowed – this has been refused and access was refused to Scottish Power to fix an overhead line on the land. • The nearest residential property is only 150m away. • The provision of 2 jobs is insufficient to justify a development that is contrary to the amenity of the neighbouring area. • The location of the unit does not take advantage of the topography as it places it on the crest of a hill and it will be clearly visible from 3 directions. There is no essential agricultural need as it does not related to the use of the existing farmstead. It’s a new facility. TAN 6 (para 6.6.3) confirms that minimum distance should be 400m, but this is only 150m.

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• The layout of the site as submitted with the ADAS odour report is not the same as the site layout plan. • The layout plan does not make correct provision for an on-site turning circle. • No provision has been made for multiple parking of HGVs as required when waste removal is required. • The ability to load 20 articulated lorries within a 4 hour time slot is not achievable. • Energy supply network is vulnerable, and this might be compromised. • Recent meeting held with police, and they confirmed that they are unable to stand with a speed gun as their own safety would be at risk. • PPG7 is relevant • The application has some inconsistences. • HGV drivers will not be familiar with the route, and they will have difficulties. • Own property has a biomass boiler, and the pellet delivery drivers who deliver 1 to 2 tonnes per delivery will only deliver on a van because they consider the road to be too narrow for HGV delivery. • Animals do not graze on the land very often – perhaps a couple of weeks over 10 years. • Deciduous trees will not give cover in winter. • Photos of HGV issues are submitted • The site is not registered (Land Registry) to the applicant. Application is invalid. • Financial appraisal projections have been submitted to guarantee future employment or viability. • Floor area of building has been increased since the earlier application. • The access onto Talwrn Road will have greater impact on local character and appearance than the previous proposal • Local business will suffer • Horse riders in area will be affected – Legacy Riding Centre is next door • Imposition of controls over transport management and choice of less dangerous routes by HGV drivers would be unenforceable if imposed • Previous no objections raised by the Highways Authority was based on cursory evaluation

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focused on projected averages, and without sufficient regard to the location.

One telephone call received – to state no objections are raised.

One further letter received in connection with the additional ecology report. The report is not considered to be fit for purpose. Survey carried out in an unsuitable time frame for GCNs, and a suboptimal period for other species. The findings are limited as this has looked at adjacent land. Appropriate mitigation measures are required to be submitted prior to determination, and issues of protected species cannot be dealt with under planning conditions

AM member (Ken Skates AM) requests that consideration is given to the concerns of local residents.

SPECIAL CONSIDERATIONS

Background: Members will no doubt recall that a similar development was recently refused planning permission (reference: P/2013/0283). I am advised that the applicant cannot submit an appeal against that decision because the previous access route to the site is now no longer available because an agreement with an adjacent land owner (Scottish Power) has now been withdrawn. As a result the applicant now seeks access to the development via the existing farm access onto Talwrn Road which has been recently altered in order to improve visibility.

The overall size of the building remains the same as previously proposed but it has been turned around through 180 degrees to allow the access track leading to the building to be made shorter.

The site is within open countryside and the unit forms part of a farm holding of 10.5 hectares that is currently used for making hay and sometimes the grazing of sheep. The application confirms that the farm does not currently generate very much income or employment. This proposal is intended to diversify the business and secure additional income for the farm, particularly in light of the cessation of Tir Gorfal funding for the farm.

The keeping of birds for producing eggs falls within the definition of agriculture. The proposal will be for an ‘barn egg laying unit’. Birds are not kept in cages but they are kept inside the building at all times – for an entire 60 week flock cycle. The environment inside the building is carefully controlled and monitored as it affects their health and egg production.

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The egg laying unit will be arranged as a single tier (one level) system. The hens inside this type of system have room to move around. They have litter to scratch and dust to bathe in, perches to roost on, and nest boxes in which they can perform their nesting behaviour and to lay eggs. Food and water for birds is fully regulated.

The barn structure is required to be well insulated (to avoid overheating or getting too cold). There will be minimal noise outside of the building emanating from the flock. Ventilation/heat is controlled by a series of high wall vents (which are typically shielded), and fans are located inside the building. These are located at the bottom of roof chimney vents.

After 60 weeks egg production from the flock reduces and quality declines. At that stage the flock is completely replaced and the unit has to be fully cleaned out of the building. All manure and waste is taken off site during this time and is used as fertiliser or bio-mass.

It is noted that the RSPCA has produced documents regarding egg production called: ‘The case against cages – Evidence in favour of alternative systems for laying hens’ dated 2005, ‘Coming of Age’ report dated 2006, and a leaflet called ‘The Welfare of Laying Hens’, dated February 2013. In all of these documents the organisation seeks the replacement of battery caged systems with well-managed alternative systems. These alternative systems include barn egg laying units like the one proposed by this application.

Policy: TAN 6: Planning for Sustainable Rural Communities (July 2010) advises Local Planning Authorities to support diversification of the rural economy as a way to provide local employment opportunities, increase local economic prosperity and to minimise the need to travel for employment.

A number of objectors have referred to paragraph 6.6 of TAN 6 and suggested it provides a valid a reason for refusing permission because the building is within 400m of residential properties. Livestock units that are in excess of 400 metres from residential properties can benefit from ‘permitted development rights’ where as those within 400 metres require planning permission. This does not mean that permission for livestock units that are less than 400 metres from residential properties should automatically be refused.

Paragraph 6.6 of TAN6 advises that particular care is required when considering application for houses within 400 metres of established livestock units. This is because it will not be possible to for a Local Planning Authority to impose restrictions on the operation of an existing farm in order to protect the amenity of occupiers of any new dwellings.

No equivalent guidance is given in respect of proposals for new livestock units within 400 metres of existing dwellings. This is because a Local Planning Authority must be satisfied that a proposed livestock unit sited within 400 metres of an existing dwelling will not adversely impact upon residential

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 amenity before granting planning permission. Where necessary a Local Planning Authority can impose conditions upon a development to control its impact upon residential amenity. This issue will be examined in more detail below.

Principle of isolated agricultural building: The whole farm is located within a Special Landscape Area (Policy EC5). Within these areas priority is given to the conservation and enhancement of the landscape. Despite this and the previous refusal of permission, the principle of new agricultural development is supported by the policy. However new buildings must not cause visual harm, or be materially detrimental to the area in terms of its landscape impacts and where necessary the impacts must be mitigated. New development is also required to meet a high standard of design and its impact from nearby and distant viewpoints must be considered.

Policy EC3 confirms that new agricultural buildings are permitted unless they have a materially detrimental impact on environment and landscape. Development is required to form part of an existing farm complex and to take advantage of topography and other landscape features. The policy also states that isolated buildings will only be allowed in exceptional circumstances where there is an essential agricultural need and no reasonable alternative location for the development.

The building will be 160m from existing farm buildings however alternative locations are limited due to established trees, overhead power lines and areas of young tree planting. The only other potentially available site for the development is located to north-west of the farmstead but this land is more suitable for crops and grazing than the application site. Siting the building closer to the farmstead would also bring it much closer to a number of existing residential properties compared to the application site and would also result in it having a greater visual impact. Accordingly the proposed siting is justified in order to minimise both the visual and environmental impacts of the development.

Talwrn Farm has been historically located in Legacy for many years and is shown on historical maps dating back to 1880’s. The farm pre-dates most of the residential properties which are adjacent to farm – with some exceptions eg Talwrn Cottage, Sun Bank and Wood Dale (formerly Upper Cottages) and Esclusham Hall, Talwrn Crossing Cottage.

Although development will still require a lengthy section of new track and new utility services it will not require separate living accommodation because it is near enough to the farmstead for monitoring purposes. The track will also connect the site to the existing farm access onto Talwrn Road which will reinforce the sites’ connection to the existing farm to a far greater extent than the previously refused proposal.

Visual Impact: The proposed site for the new unit has been chosen a number of genuine visual impact reasons. As stated above, the position

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 maximises distances from all surrounding residential properties and also takes account of local topography and existing landscape features.

In general views towards the site are limited and the area is generally well screened from existing public viewpoints and adjacent houses. Views will also be restricted by existing woodland areas and hedgerows and, because of the amended position of the access road, the scheme now includes some additional tree planting at the eastern end of the new building. The proposed tree planting can be required by condition and although it will take time to become established, in the short term the choice of colour for external cladding will ensure that the building is not unduly obtrusive.

The colour scheme of the new cladding material for the unit will be an important consideration, to ensure that these colour(s) recede into the background colours of the landscape beyond. The Landscape Officer considered this aspect with the previous application - looking at both closer and more distant viewpoints, it is considered that moss green facades (RAL 6005) with stone grey roof (RAL 7030) and light grey roof vents (RAL 7035) would allow best visual integration for this particular landscape location. The new roof area of the building would be partially or totally seen against the background of rising topography (west of the site) and existing vegetation, although the roof vents will be mostly seen against the sky. This colour detail can be controlled by planning condition to ensure implementation.

Environmental Impacts a) Noise: Since all the birds at this type of unit will be confined to the interior of the barn, there will be only limited noise outside of the building. The need to provide good insulation for all walls and roof areas (100mm thick insulation) will also act as good sound insulation.

Apart from natural bird noise, some machinery is used inside. For ventilation purposes there are fans below the external roof vents but these will not be noticeably heard outside. Doors are closed all the time as the birds must remain in controlled environments to ensure the flock’s health. Public Protection has requested a planning condition to control potential noise, but it seems very unlikely that noise nuisance will be an issue.

At the end of the 60 week cycle, the cleaning of the units will generate more activity and some residents living near the access point may experience disturbance from extra lorry traffic arriving and leaving the unit. However this disturbance will be limited to just a few days – once a year. It will however be possible to impose a condition to control the times HGV vehicles visit the egg unit so that they do not arrive at times likely to cause significant disturbance.

Public Protection has raised no objections regarding noise. This advice follows a site visit by Officers to a very similar egg laying unit to assess noise concerns and other amenity impacts. During that site visit Officers noted that

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 noise was almost non-existent when standing only few a metres from the building. b) Odour: The application is accompanied by an odour report that considers potential impacts upon nearby residential properties. The emission figures have been applied to atmospheric dispersion modelling and it was confirmed that odour concentrations will be less than current benchmark standards. Public Protection raises no objections regarding the report providing the implementation of the Odour Mitigation Options as detailed in the Appendix of the report is secured by planning condition.

No manure is stored outside the building and removal of the manure is limited to the end of the 60 week flock cycle. That work can take only 1 day. This amount of waste is considerably less than those experienced with other agricultural practices.

Waste water is stored in underground tanks and these are emptied by environmental contractors into tankers. c) Flies and vermin: This is not likely to be an issue based upon the type of egg laying unit. As confirmed above, all birds and manure are kept inside the building until they are removed by vehicles after the 60 week cycle. Flies will be controlled, and any build-up of larvae is dealt by a beetle introduced into the waste pit to eat any larvae. Rodent control measures will also be employed. d) Ecology: An updated ecology report has been submitted to take account of the new access road and the alterations to the access.

The report acknowledges that the site supports some existing useful habitats – increasing potential for protected species to be present. It is acknowledged that further surveys will be required and these will need to be undertaken if the application is supported.

One of the main ecology features of the site is hedgerows. It is recommended that the specification of new native hedgerow should be specified, and a new hedgerow should be planted behind the visibility splay at the entrance area.

Since the site is within open countryside, it is recommended that external lighting should be controlled to ensure that bats are not affected. The report also recommends that 2 bat boxes are provided on trees as mitigation for potential impacts.

Reasonable avoidance measures in respect of Great Crested Newts are proposed in the ecology report (such as protective fencing will). The implementation of these measures will be required by condition. e) Flood risks: It is confirmed that the building and associated hardstanding areas will increase surface water run-off at the site. To consider this impact, a

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 report from a land drainage consultancy has now been submitted by the applicant. Given the scale of areas involved, there is a need to control surface water discharge rates. Therefore the development will include a storage attenuation pond. The pond is designed to deal with runoff, will allow a 1 in 100 year storm event to be catered for, and this also considers climatic change.

Natural Resources Wales have submitted comments in connection the application and they are not opposed to the scheme from a flooding perspective providing full drainage details are submitted and approved. They have recommended a planning condition for that purpose.

Traffic: The new agricultural building will be served by the existing farm access onto Talwrn Road. This is a long established access point which has recently been made wider recently and visibility splays improved. The works as implemented at this access point require retrospective planning permission.

The development is likely to generate 174 lorry movements over 60 weeks. Most traffic movements occurring during this period will be limited to egg collection and feed delivery or 150 movements using a 6 wheel rigid lorry over a 60 week period. This equates to only 2.5 lorries per week (about 1 lorry every 3 days). When the bird delivery/collection and manure removal takes place there will be a further 24 lorries – or an average of 2.9 lorries per week. This level of traffic is not significant for the local highway network. It should also be noted that Llwyneinion Road is already used by a number of HGV’s visiting a car breakers yard and a haulage depot.

Despite the previous refusal, Highways have not raised any objections to the development even though they acknowledge that the immediate approach roads are below current design standards. Highways consider that a refusal based upon traffic generation grounds cannot justify a refusal.

The existing farm track gives access onto Talwrn Road which is subject to a 30 mph speed limit. Visibility splays measuring 2.4m x 43m in both directions can achieved and protected which is a significant improvement – it previously had splays of 2.4 x 20 metres to the south west and 2.4 x 10 metres to the north.

Objectors are concerned about the potential use of B 5426 (Smithy Lane) between Talwrn Road (B 5097) and Wrexham Road (A5152) by HGVs given that the road is not suitable for large vehicles. The applicant has previously showed similar concern, but I note that the current application contains no confirmation of traffic routes for both construction and operational traffic therefore this will need to be conditioned as part of any decision to ensure that this route is not used by vehicles servicing the development.

Other: Some objectors are concerned about this type of agricultural use on the grounds that it is a cruel method for keeping birds. This is not a material

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 planning consideration for the application as this is a legal use. However it is noted that the RSPCA does not rule out this type of process for egg laying.

Any potential loss of property values is also not a planning consideration.

The permissive rights of way referred to Community Council do no cross the area as required for the building or the access track to it.

Conclusion: The location of the development is justified as it makes best use of existing topography and landscaping to minimise impacts on the area. Environmental and amenity matters can be suitably controlled by planning conditions.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. No part of the development shall commence until samples of all external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 2. The building hereby approved shall only be used as a barn type egg laying unit, as described in the application documentation 3. Before development commences, a detailed site layout plan of the access point onto Talwrn Road, including existing and proposed levels, shall be submitted to and approved by the Local Planning Authority, to fully show the full extent of visibility splays measuring 2.4m x 43m in either direction of the access point. Within the splays shown on the plan, there shall be no obstruction in excess of 1m in height above the level of the nearside edge of the adjoining highway, and the splays shall thereafter be permanently retained clear of any such obstruction to visibility. 4. 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. 5. The submitted scheme of Reasonable Avoidance Measures (RAMs) for amphibian mitigation, and the reptile method as contained in Section 7 of the ecology report from Wold Ecology Ltd dated July 2014 shall be strictly followed for the duration of the building works, and all the compensation measures for the loss of new habitat and recommended pond enhancements as contained within the same section of the above report shall also be fully implemented before the building is first used. 6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 7. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 8. The Odour Mitigation Options as contained in Appendix 1 of the submitted ADAS Odour Assessment Report dated 23rd April 2014 shall be fully implemented as part of the use before any hens and cockerels are first using the building, and the plan shall be fully implemented. 9. Before any underground tanks are installed at the site, details to confirm the capacity of the tank(s) to deal with dirty water from the unit shall be submitted to and approved in writing with the Local Planning Authority. The scheme as approved shall be fully implemented, and all waste shall be transported off site. 10. Notwithstanding the submitted details regarding external cladding colour finishes (walls and roof), further details of the external cladding colours shall be submitted to and approved in writing with the Local Planning Authority before being installed on the building. 11. No part of the development shall commence until details of all earthworks, excavation, and land regrading and retaining structures have been submitted to and approved in writing by the Local Planning Authority. The plan shall include the existing and proposed levels and contours, cut and fill line, existing vegetation and site features of the development. Details of soil stripping, storage and replacement shall be included where appropriate. The development shall be carried out in strict accordance with the details as approved. 12. 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. 13. 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.

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14. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 13. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 15. No part of the development shall commence until details of a new replacement native hedgerow planting for the road frontage of the site behind visibility splays as required in connection with condition 3 above, has been submitted to and approved in writing by the Local Planning Authority. The planting scheme as approved in connection with this condition shall be fully implemented and it shall be permanently retained. 16. No part of the development shall commence until details of new tree and shrub planting has been submitted to and approved for the area to the east of the agricultural unit as shown on the approved layout plan. The details shall indicate species, number, size of plants, etc of all trees and shrubs to be planted within the area. 17. The planting scheme implemented in connection with condition no. 16 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 18. There shall be no gates or other means of enclosure across the vehicular access point within 15 metres of the highway boundary. 19. 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. 20. No part of the development shall be used until a lighting scheme has been implemented in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority. Lighting at the site shall thereafter only be provided in strict accordance with the approved scheme.

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. It is important to control the type of livestock use of the building because the environmental amenity impacts has been considered in relation to this type of livestock use, and this requires careful control due to the location of the building in relation to residential property. 3. To ensure that adequate visibility is provided at the proposed point of access to the highway. 4. In the interests of highway safety. 5. To ensure the safeguarding and protection of protected species throughout the duration of the works and to ensure adequate ecology compensation and enhancements are implemented to off-set the loss of habitats 6. To protect the amenities of the occupiers of nearby properties.

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7. To protect the amenities of the occupiers of nearby properties. 8. To protect the amenities of nearby local residents. 9. To ensure that the tanks have sufficient capacity, and to ensure that the dirty water can be collected separately from the surface water drainage system, in the interests of pollution control. 10. In the interests of the visual amenities of the area. 11. To ensure that the works on the site properly take account of the future health of the trees. 12. To ensure that the works on the site properly take account of the future health of the trees. 13. To ensure satisfactory drainage of the site and to avoid flooding. 14. To ensure satisfactory drainage of the site and to avoid flooding. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 19. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 20. In the interests of the visual amenity of the area and to protect wildlife interests that are afforded specific protection.

NOTE(S) TO APPLICANT

The applicant is advised that compliance with condition no. 6 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

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The applicant is advised of the requirement to comply with the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991, in addition to the related Codes of Practice. These regulations are enforced by the Environment Agency who require 14 days written notification in advance of any plans to install a new silo or alter an existing facility.

It is understood that permissive rights of way may cross the site, and therefore you should ensure that any obligations regarding these rights are fully adhered to. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0421 LAND SOUTH OF BOUNDARY 05/06/2014 HOUSE HORSEMANS GREEN ROAD HORSEMANS GREEN WREXHAM COMMUNITY: SY13 3DY CASE OFFICER: Hanmer SEH DESCRIPTION: OUTLINE PLANNING APPLICATION WARD: FOR RESIDENTIAL DEVELOPMENT AGENT NAME: Overton (2 DWELLINGS) D P A MR GARETH EDWARDS APPLICANT(S) NAME: MR ROBERT FORRESTER ______

THE SITE

A rectangular piece of land measuring approximately 900 square metres located outside of the settlement limit on land to the south of Boundary House, Horseman’s Green, Wrexham.

Applicatio n site Approximate location of the Associated approved Land stable block

PROPOSAL

Planning permission is sought in outline for the development of the land for residential purposes. All matters are reserved for future approval.

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HISTORY

P/2007/0291 Granted 20.04.07 Stable block with feed store P/2008/1067 Refused 07.11.08 General purpose agricultural building P/2012/0380 Refused 18.01.13 Stable block and store, kitchen and toilet block Appeal Dismissed P/2013/0219 Refused 07.10.13 Stable, store and personal facilities area Appeal Dismissed P/2013/0393 Refused 29.07.13 Stable, store and personal facilities area Appeal Dismissed

DEVELOPMENT PLAN

Outside of a defined settlement limit. Public Right of Way (PRoW) runs along the northern boundary of the site. UDP Policies PS1, PS2, PS3, PS4, GDP1, H5, EC4, EC6, EC12 and T8 apply. Local Planning Guidance Notes Nos. 17 ‘Trees and Development’, 21 ‘Space around Dwellings’ and 32 ‘Biodiversity and Development’ are also relevant.

CONSULTATIONS

Community Council: Oppose the application for the following reasons: • The site is greenfield; • Poor drainage in the locality. Local Member: Notified 16.06.14 Highways: No objection to the scheme subject to the creation of a safe and satisfactory vehicular access and works to the highway to improve carriageway width and increase footway provision. Flood Officer: Site not located in PFRA (2011) area, >75% susceptible to groundwater flooding. Surface water flooding for range of events is associated with main road, ponds and ditches. Development needs to ensure no additional flood risk impacts. Recent consents WCBC OWC00002175 application granted for limited size extension to existing culvert to improve access (April 2014) Culverted section for entire frontage unlikely to gain consent because of impacts associated with ecology and flood risk. NRW: Object to the issuing of permission for this proposal unless additional information can show it would not have adverse effects upon protected species (Great Crested Newts). There is not enough information to rule out possible adverse effects, nor to make changes or design a mitigation/conservation scheme to avoid possible effects.

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Public Protection: No objection subject to recommended advisory notes and a planning condition to protect residential amenity. PRoW: Consulted 07.08.14 WW: Consulted 16.06.14 Site Notice: Expired 15.07.14 Advert: Expired 18.07.14 Neighbours: 13 letters of objection received raising the following: • Hazardous, narrow highway serving the development; • There is no bus service and so the new residents will need a car which will increase traffic generation in the area; • Site is outside of the settlement limit; • The highway network to the larger settlements of Hanmer and Penley is not sufficient to cater for additional traffic and is not a safe walking or cycling route; • There are no amenities/facilities in Horseman’s Green; • Not enough information has been provided in relation to waste disposal and drainage; • The Council is currently preparing its Local Development Plan and therefore it would seem reasonable that no decisions regarding land supply should be taken until this has been prepared and agreed; • The proposed development would detract from the local character and landscape setting; • The proposed access driveway will conflict with the Public Right of Way which crosses the site; • The focus should be on brownfield development before greenfield is used; • How will access to the field at the back of the site be maintained? • No reference has been made to the public footpath; • Inadequate infrastructure; • Inadequate ecology assessment; • The existing field and hedge row are in keeping with the local community and are home to a number of interesting wildlife. Some of these trees and hedgerows are mature and would be great loss to the local environment. The local area is extremely

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beautiful and enjoyed by the whole village, and must be protected from un-necessary development; • This proposal is to the south of the village and numerous properties enjoy south facing gardens that will be negatively impacted by such a development. These views are the main reason many residents purchased their properties which should not be compromised; • The local community were not, as the applicant asserts, consulted prior to the submission of the application. 13 letters of support received raising the following: • Housing development is much needed; • Low cost housing is needed; • Positive impact upon housing supply; • Improve the economy of the village by increasing resident numbers.

SPECIAL CONSIDERATIONS/ISSUE

Background: The application site currently forms part of a larger piece of greenfield land located outside of the settlement limit upon which permission to erect a single ‘L’ shaped block containing 3 no. stables and feed store was granted in 2007 (P/2007/1291). Planning permission to erect a second building on the site has since been refused on three separate occasions and subsequent appeals to the Planning Inspectorate against these decisions have been dismissed. The Inspector in agreed with the Council that the increase in footprint of the proposed built development would have a significant impact on the appearance of the site to the detriment of its character and that of the area generally contrary to Policies PS2 and GDP1 of the Wrexham UDP.

The application now submitted is for the residential development on part (approximately one quarter) of this Greenfield site adjacent to its frontage with the public highway. This development will not interfere with the previously approved stable bloc. Because the application involves a departure from the development plan it is necessary to consider whether the benefit of the development in contributing to the housing land supply would outweigh any harm of allowing development outside of the settlement limit.

Policy: The site lies outside the settlement limit and is separated from it by another piece of agricultural/grazing land. The principle of development in this location is unacceptable when assessed against the applicable policies PS1, PS2, PS3, PS4, GDP1 and H5 of the Wrexham Unitary Development Plan

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 with respect to the broad location of development, general development principles and housing in the countryside.

The proposals do not accord with any of the limited circumstances set out in policy H5 that permit small scale residential development on sites outside of settlement limit (rural exception site, infilling and agricultural workers dwellings).

The development of this site would be materially detrimental to the landscape and would fail to accord with the character of the site or make a positive contribution to the appearance of the nearby locality. The development would not maintain the existing settlement pattern or integrate with existing transport networks to help reduce the need to travel or encourage the use of alternatives to the car. The site is not brownfield and would result in the loss of land of ecological, landscape and amenity value. The development would therefore cause significant harm to the locality.

Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that the results of the JHLAS should be treated as a material consideration in determining planning applications for housing. Where the JHLAS shows a land supply below the 5 year requirement, TAN1 (paragraph 5.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies. Planning Policy Wales includes a presumption in favour of sustainable development.

As mentioned above there is a presumption in favour of sustainability. There are no shops, churches, public houses, medical facilities or areas of public open space near to the site nor are there regular bus services to access these facilities. Occupiers of the development would need to access basic services elsewhere - the nearest settlements being Hanmer approx 2.4 km away and Penley approx 3.7 km away. Given the lack of public transport it is inevitable that private cars will be used to access essential services and facilities. Horseman’s Green can therefore not be regarded as a sustainable settlement.

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The proposal would not comply 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. Para 4.7.8 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. The development is not adjacent to the settlement limit being separated by a parcel of agricultural/grazing land.

Given the small contribution the development would make to the overall supply of housing in Wrexham, the unsustainable location of the site and the detrimental impact the development will have upon the character and appearance the area, the lack of a 5 year housing land supply and the local support for new low cost housing are not sufficient to justify departing from UDP policies in this instance.

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.

Highways: The site is located on Horseman’s Green Road which is a narrow rural classified road subject to a 60mph speed limit. However typical speeds are thought to be around 30mph due to the geometry of the road. It would appear possible to achieve the necessary visibility splays which would ensure the creation of a safe and satisfactory vehicular access.

There is an existing footway which terminates to the north of the application site. It is intended to extend this footway to the site in the interests of protecting pedestrian safety/movement.

The carriageway fronting the site is typically 3.5 metres wide and Highways have suggested that this could be increased to 5.5 metres. I am concerned that these works would have a detrimental impact upon the visual amenities in this rural location and I am not convinced that widening this small section would be of any real benefit to highway safety given that they may increase traffic speeds. The development will deliver a benefit to highway safety through the extension of the existing footway to the site. The additional highway widening works are therefore not justifiable in this instance.

Ecology: The site is located within an area known to support nationally high levels of great crested newt. Whilst the submitted report identifies their presence in the area no detailed mitigation is proposed.

In the absence of a mitigation scheme I cannot conclude that the development will not have a detrimental impact upon great crested newts (GCN). The development therefore conflicts with UDP policy EC6, Chapter 5 of Planning

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Policy Wales and Technical Advice Note 5: Nature Conservation and Planning.

Conclusion: The unsustainable location of the site, the detrimental impact the development will have upon the character and appearance the area and, in the absence of a detailed mitigation scheme, the detrimental impact it will have upon great crested newts (GCN) means there are insufficient grounds to warrant departing from UDP policies in this instance, despite the lack of a 5 year housing land supply in Wrexham.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The site is greenfield and is located outside of any settlement limits as defined in the Wrexham Unitary Development Plan. The development would be materially detrimental to the countryside and would represent an undesirable visual intrusion into the rural landscape. The development would not maintain the existing settlement pattern and would not accord with the character of the site or make a positive contribution to the appearance of the locality. The development therefore conflicts with Policies PS1, PS2, PS4, GDP1 and H5 of the Wrexham Unitary Development Plan. 2. The applicant has not demonstrated that the proposal would not cause detriment to the favourable convservation status of the Great Crested Newt. The proposal is therefore contrary to EC6 of the Wrexham Unitary Development Plan and Chapter 5 of Planning Policy Wales (Edition 7) and the guidance contained in Technical Advice Note 5 - Nature Conservation and Planning. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0433 61 HARWOODS LANE ROSSETT 10/06/2014 WREXHAM LL12 0EU COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: PF ERECTION OF TWO-STOREY SIDE AND REAR EXTENSION WARD: AGENT NAME: Rossett APPLICANT(S) NAME: BLUEPRINT MRS PRESTON ARCHITECTURAL SERVICES LTD ______

THE SITE

Site. Greyed area is footprint of extension

PROPOSAL

Planning permission is sought for the erection of a two storey side and rear extension to the dwelling to facilitate a garage, sun lounge and enlarged dining area at ground floor level. At first floor an additional two bedrooms are proposed as well as an upstairs WC and bathroom.

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HISTORY

None.

DEVELOPMENT PLAN

The site is outside settlement and within a Special Landscape Area. Policies PS2, GDP1, EC5 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes (LPG) 13 – Housing in the Countryside, 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

Community Council: Supports the application. Local Member: Notified 17.06.2014 Site Notice: Expired 14.07.2014 Neighbouring Occupiers: 2 neighbouring occupiers notified 03.07.2014. 1 letter received raising the following points: • The proposed development shows that the footprint of the property will double. Our own extension is to the rear and of single storey only - it is barely visible from the road. We believe that if this development goes ahead in this form it will dwarf our cottage and spoil the balance of the frontage, making ours appear about one third of a semi- detached property. • There will only be footpath access to the large rear garden; • Parking will be reduced to just one car in front of the proposed single garage, with no turning space. • Harwoods Lane adjacent to the properties is only of one car width with no passing place. Therefore no on road parking exists. Also it is a local bus route. • Other concerns regard the stability of our own building should this go ahead, as the drawings show at least half of the gable wall removed plus the whole of the rear of the existing structure. Wracking resistance thereby removed.

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SPECIAL CONSIDERATIONS

Design: The scheme as proposed would represent an increase over the existing footprint by 100%. LPG13 requires that the extensions in open countryside locations should not exceed one third the original floor area in order to protect the openness of the countryside and to prevent an over development of a site. Extensions in excess of this figure may be supported where a higher quality design more in keeping with the original dwelling could be achieved.

This proposal seeks to extend at two storey level at the rear half of the side elevation wrapping round to the rear elevation. From the front elevation, the extension would appear subsidiary because of the reduced ridge level. Although the gap between the original dwelling and the neighbouring dwelling to the north west is open, the continuation of the low ridge to the rear reduces the visual impact of the extension. To the rear the extension wraps around and across the rear elevation so its height remains lower than the existing ridge.

The property forms part of a well-developed built frontage and is therefore not viewed in isolation from other the adjacent properties. In addition to its design this also helps ensure that the extension would not be unduly prominent within the Special Landscape Area.

I acknowledge that this proposal results in an extension which is significantly in excess of one third, however having given consideration to the limited floor area of the existing property, the subsidiary appearance of the extension and the context of the site I am satisfied that this proposal would not have an adverse impact upon the character of the dwelling or wider special landscape character. For the benefit of members, the proposed elevations are shown below.

Existing and proposed elevations

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Amenity: The dwelling is semi-detached and I am satisfied that the proposal passes the BRE daylight test as prescribed in LPG20. There are also no windows proposed which would overlook neighbouring properties. I am satisfied that the amenity of the neighbouring occupiers would not be harmed.

Other matters: The resulting 4 bed property would require a maximum of 3 spaces in accordance with LPG16. The application proposes a garage space which would realistically leave one space to the front. I consider that a planning condition preventing the use of the garage for any purpose which would preclude the parking of a motor vehicle will result in securing two spaces. This generally meets the character of this area with larger premises in vicinity having similar parking arrangements. I consider that this would not represent a danger to highway safety.

Any issues regarding the structural stability of the building as a result of the works is a matter to be considered under the Building Regulations and not as part of the planning application.

The removal of the ability for motor vehicles to access the rear garden area is acceptable as there is no requirement for this to be retained. LPG20 does suggest that pedestrian routes to the rear of dwellings should be retained which is demonstrated in this case.

Conclusion: I am satisfied that this scheme will not result in an overly oppressive form of development and the amenity of the neighbouring occupiers will not be harmed.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. The garage shall only be used for purposes ancillary to the use of the dwelling as a single dwelling house provided that use does not preclude the parking of a motor car. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no windows or other openings shall be inserted in any elevation of the extension facing No. 59 Harwoods Lane.

REASON(S)

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

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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 highway safety. 4. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0452 LAND BETWEEN IDOMA AND 1 19/06/2014 BRYN COTTAGES PENYLAN RUABON WREXHAM COMMUNITY: LL14 6HP CASE OFFICER: Ruabon MP DESCRIPTION: ERECTION OF DWELLING WARD: AGENT NAME: Penycae & Ruabon APPLICANT(S) NAME: BLUEPRINT South MISS E BUCKLEY ARCHITECTURAL SERVICES LTD ______

THE SITE

Proposed driveway

Application site and approximate position of proposed dwelling Existing private drive

PROPOSAL

As above.

HISTORY

None.

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DEVELOPMENT PLAN

Outside of a settlement limit and with a Special Landscape Area. Policies GDP1, EC5, H5 and T8 apply.

CONSULTATIONS

Community Council: No objections. Supports any issues raised by local Member. Local Member: Notified 24.6.14 Public Protection: Recommends a condition and advisory notes in respect of construction impacts. Highways: Have made the following comments: - Given the low speed and narrow width of the road visibility at the access is considered adequate; - The driveway is less than 3.5m wide and does not provide for the simultaneous passage of vehicles. However the driveway already appears to serve two dwellings and it is considered that the addition of a third will not detrimentally impact on highway safety in this instance; - Access rights over the private drive is a private matter for the owner of the road to resolve; - Recommend conditions. Welsh Water: Consulted 24.6.14 NRW: Advise internal ecologist is consulted. North Wales Police: Support the application if a planning condition is imposed that all houses are built to Secured by Design Standard parts 1 & 2 or Codes for Sustainable Homes Part 2. Site Notice: Expired 16.7.14 Neighbours: The owners/occupiers of 5 nearby properties notified 27.6.14. The owners/occupiers of 6 nearby properties notified 5.8.14 regarding the submission of amended plans. 4 letters of objection expressing the following concerns: - No prior discussion with neighbours; - No mains drains available; - Cyncoed is stated to be the property next to the site. It is not; - The application states no new pedestrian access would be needed nor new rights of way. The plans indicate both would be necessary; - The proposed plot was envisage as an independent access or driveway to 1 Bryn Cottages. It still serves as a garden of 1 Bryn Cottages, it is not disused;

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- Cyncoed driveway is said to provide access to parking facilities for 3 cars. No such access exists; - If the application is permitted only 1 of the 3 properties on the Bryn Cottages site would enjoy its own independent access – in a village with no public transport; - Setting a precedent for further development; - The roadway between the site and Church opposite is heavily used in peak periods of agricultural activity. Serious consideration needs to be given to an application which would increase traffic at this point; - Not in keeping with the village; - It would be overdevelopment - Loss of light/overshadowing; - Overshadowing if solar panels of adjacent property; - Driveway does not serve Cyncoed but is a shared access for 1 and 2 Bryn Cottages; - Access cutting across parking area and garden of adjacent property; - No direct vehicular access to the front of the dwelling. Vehicles will be left of the road causing significant narrowing of the roadway; - There will only be a slight increase in natural surveillance. 1 letter of objection regarding the amended plans expressing the following comments: - the amended plans does not react to previous objections; - previous objections still stand. 2 letters from the same individual supporting the application for the following reasons; - The applicant’s partner Mr David Phillips was born, brought up and lived most of his life in the village; - This is probably the only chance he will have to live in the village; - The applicant has lived the majority of her life in the Ruabon district; - The couple have recently had a baby girl; - They both work very hard but would not be able to afford a home in Pen Y Lan.

SPECIAL CONSIDERATIONS

Policy: The site is outside of a settlement limit and therefore residential development is not normally permitted unless the accords with policy H5.

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Policy H5 permits infill development which is defined by paragraph 6.13 of the UDP as development of no more than two dwellings in a small gap within a well-developed frontage. However infill development is only acceptable where there is also no environmental damage.

The dwellings either side of the application site form part of a cluster of 8 houses all located on the north-east side of the highway. Together they form a well-developed built frontage. The proposed dwelling will be built in a gap between the dwellings either side that is between 6 and 8 metres wide. In the context of the built frontage as a whole this is a small gap and accordingly the site can be considered as infill development.

Visual impact: The appearance of the dwelling is broadly reflective of nearby properties and the development will not have a significant or harmful impact upon the wider rural landscape.

Notwithstanding the above, the plot is it is much narrower than the most of the adjacent plots – which have an average width of around 24 metres. In order to fit onto the plot the dwelling is also considerably narrower than other adjacent dwellings and as a result it will appear crammed in to site to the detriment of the appearance of the built frontage as a whole.

Amenity: The dwelling will not adversely impact upon the standard of amenity afforded to the occupiers adjacent existing properties by way of loss of light, privacy and will not be visually overbearing.

Whilst noting the concern one neighbour has regarding the overshadowing of solar panels, the Council has no specific policy or adopted standards that require the siting of a development to have regard to solar panels.

Access and Parking: Vehicular access will be provided via a driveway to the rear of nos.1 and 2 Bryn Cottages to the east of the site. This will connect to an existing private driveway that also serves those two dwellings.

Whilst the existing private driveway is too narrow to permit vehicles to pass each other or to enable vehicles to simultaneously exit and enter the adopted highway, traffic volume and speed along the latter is low. The additional traffic generated by the development is therefore unlikely to detrimentally impact upon highway safety.

It is unclear whether the applicant has any right to use the above mentioned private driveway however this is a private matter for the applicant and the owner of the driveway to agree.

The proposed driveway will give access to 3 parking spaces located at the rear of the dwelling. The proposed parking provision accords with LPG16.

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Other matters: Whilst noting that there is support for the application the applicant’s personal circumstances or the fact that her partner has lived in the village for all of his life are not, by themselves, valid reasons to permit the development and do warrant setting aside other planning considerations.

Conclusion: The development will detract from the appearance of the immediate locality and therefore does not accord with policy GDP1(a).

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. Due to the width of the plot and the proposed dwelling, the development will not reflect the character of the built frontage to which the site belongs and as such will detract from the appearance of the area. Accordingly the development does not accord with policy GDP1(a) of the Wrexham Unitary Development Plan. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0464 GLASFRYN KNOLTON OVERTON 26/06/2014 WREXHAM LL13 0LF COMMUNITY: CASE OFFICER: Overton DESCRIPTION: JS REMOVAL ON CONDITION 2 (AGRICULTURAL OCCUPANCY WARD: RESTRICTION) OF PLANNING AGENT NAME: Overton PERMISSION OVER 17756 ROSTONS LTD MR D STARKEY APPLICANT(S) NAME: MRS E ROBERTS ______

THE SITE

The site is located near to Rhewl Farm, south of Overton.

Application Site

PROPOSAL

As above. The application has been submitted with some supporting information to verify attempts made to sell the property with an agricultural workers occupancy condition.

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HISTORY

6/17756 Erection of agricultural workers dwelling. Granted 15.2.1990. This permission was also granted with any legal agreement to link the occupancy to a specific farm holding or enterprise.

DEVELOPMENT PLAN

Outside any settlement limits. Policy H6 of Wrexham UDP applies.

CONSULTATIONS

Community Council: Objects. This proposal could set a precedent for others to apply for occupancy restrictions to be removed. Local Member(s): No objections on basis of information submitted. Site Notice: Expired 4.8.14

SPECIAL CONSIDERATIONS

Policy: In accordance with Policy H6 of UDP, it is possible to support the removal of planning conditions that restrict the occupancy of dwellings to agricultural workers provided when it can be demonstrated that there is no longer a need to house an agricultural worker. Based upon the information submitted with the application it appears that bona fide attempts have been made to sell the property over a period of time have been made. There has not been any interest in the property.

Welsh Government guidance in respect of this issue is given TAN 6 para 4.13.5 and postdates the UDP. This guidance confirms that in cases when applications to remove agricultural occupancy conditions are submitted, consideration should be given to replacing it with a new condition that restricts occupancy to a worker of a rural enterprise and those who qualify for occupancy of affordable housing.

In this instance the property has not been marketed with a view to it being occupied by the workers of other rural enterprises or by those qualifying for affordable housing. As such no evidence has been presented to demonstrate that there is no demand for the property by people who may qualify under a revised occupancy condition. Therefore in line with TAN6 advice condition 2 of the original permission should be replaced with a new condition to broaden the scope the occupancy restrictions so that the property can be occupied by persons involved in other local rural enterprises in addition to agriculture, or by persons who require affordable housing.

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RECOMMENDATION

That condition 2 of decision notice OVE 17756 dated 15.2.1999, be removed, and that this is made subject to a further planning condition as follows:

Condition 1 The occupancy of the dwelling shall be restricted to those: a) solely or mainly working or last working on a rural enterprise in the locality where there is/was a defined functional need; or if it can be demonstrated that there is no such eligible occupiers, to those; b) who would be eligible for consideration for affordable housing under the local authority’s housing policies: or if it can be demonstrated that there are no persons eligible for occupation under a) or b); c) widows, widowers or civil partners of the above and any resident dependants. Reason: To accord with current planning advice from Welsh Government, as relevant at the time this decision was made, to ensure that the dwelling is kept available to meet the needs of other rural enterprises in the locality.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The occupancy of the dwelling shall be restricted to those: a) solely or mainly working or last working on a rural enterprise in the locality where there is/was a defined functional need; or if it can be demonstrated that there is no such eligible occupiers, to those; b) who would be eligible for consideration for affordable housing under the local authority's housing policies: or if it can be demonstrated that there are no persons eligible for occupation under a) or b); c) widows, widowers or civil partners of the above and any resident dependants.

REASON(S)

1. Reason: To accord with current planning advice from Welsh Government, as relevant at the time this decision was made, to ensure that the dwelling is kept available to meet the needs of other rural enterprises in the locality. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0467 26 WEST VIEW CHIRK WREXHAM 26/06/2014 LL14 5HN

COMMUNITY: DESCRIPTION: CASE OFFICER: Chirk VARIATION OF CONDITION 2 OF MP APPEAL DECISION APP/H6955/A/12/216921 TO ALLOW WARD: HOURS OF OPENING TO BE AGENT NAME: Chirk North EXTENDED 16:00 HRS TO 23:00 THE PLANNING GROUP HRS MONDAYS TO THURSDAYS LTD 16:00 HOURS TO 23:30 FRIDAYS MR MARTIN PARRISH AND SATURDAYS AND 16:00 HOURS TO 22:30 HRS SUNDAYS

APPLICANT(S) NAME: MR T MIAH ______

THE SITE

As above.

Taxi office (ground floor) and single flat (first floor)

Application site Hot food takeaway (ground floor) and single flat (first floor)

Commercial premises

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PROPOSAL

As above.

HISTORY

CB00344 Change of use to fish and chip/pizza bar. Refused 9.9.1996 P/2011/0684 Change of use of shop to hot food takeaway and erection of external flue. Refused 16.12.11. Allowed on appeal 19.4.12

No 25 West View P/1999/0004 Change of use to fish & chip take-away. Granted 19.11.99

DEVELOPMENT PLAN

Within settlement. Policy GDP1 and T8 apply. Local Planning Guidance Note 9 Restaurant, Public Houses & Hot Food Take-Aways and Local Planning Guidance Note 16 Parking Standards apply.

CONSULTATIONS

Community Council: The Council considers the hot food take-away premises to be in a predominately residential area and that the hours of opening should remain as at present. Local Member: Notified 1.7.14. Notified about amendments 29.7.14 Highways: No recommendations on highways grounds. Public Protection: No comments. Access Group: Notified 19.10.11 Site Notice: Expired 1.8.14 Other Representations: The owners/occupiers of 11 nearby properties notified 14.7.14 and about amendments to the application 29.7.14

SPECIAL CONSIDERATIONS

Background: The property is already in use as a hot food takeaway having been changed to that use following the 2012 appeal decision. The opening times are currently restricted by planning condition to 4pm to 10pm seven days a week.

The applicant is now seeking to change the opening times so that the business can open later. He initially proposed to open until 11pm Sundays to Wednesdays and until midnight on Thursdays, Fridays and Saturdays

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 however the application was subsequently amended and the proposed opening times now are:

• 4pm to 11pm Mondays to Thursdays; • 4pm to 11:30pm Fridays and Saturdays; • 4pm to 10:30pm on Sundays.

Amenity: The proposed closing times are the same as those of the adjacent fish and chip shop (no.25 West View). As such there will already be a greater degree of activity in the vicinity of the site at those times than there would be in a purely residential area. The proposed opening times are unlikely to increase the amount of activity to the extent that the occupiers of nearby residential properties suffer unacceptable levels of additional noise or other disturbance.

Conclusion: The development accords with policy GDP1(f).

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The use hereby permitted shall not be open to customers outside of the hours of 16:00 to 23:00 Mondays to Thursdays, 16:00 to 23:30 Fridays and Saturdays and 16:00 to 22:30 on Sundays. 2. The extraction and odour control equipment approved in writing on 26 June 2012 (drawing no. 26WV/PP/36 A) and installed in accordance with the requirements of condition 03 of appeal decision APP/H6955/A/12/2169121 shall be maintained and operated in accordance with the manufacturer's instructions.

REASON(S)

1. To protect the amenities of the occupiers of nearby properties. 2. This is a non-standard reason ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0509 133 RUABON ROAD WREXHAM 14/07/2014 LL13 7RB

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa FIRST FLOOR REAR BEDROOM PF EXTENSION

WARD: APPLICANT(S) NAME: AGENT NAME: Offa MR T BURGIN T BURGIN BUILDERS THE GARSTON AND CONTRACTORS PARTNERSHIP MR J GARSTON ______

THE SITE

Application site

PROPOSAL

Planning permission is sought for a first floor rear extension to provide an additional bedroom. The extension is proposed on the footprint of the existing dwelling, but would project from the first floor rear elevation by 4.1 metres effectively filling in a return on the rear elevation.

HISTORY

P/2013/0653 First floor rear extension. Withdrawn

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DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: There is no objection however consultation needs to be carried out with any properties at the back on Court Rd which may be affected. Local Member: Notified 17.07.2014 Site Notice: Expired 19.08.2014 Public Protection: Recommend hours restriction condition relating to construction phase. Neighbouring Occupiers: 5 neighbouring occupiers notified 29.07.2014. 1 letter received raising the following points: • It will further overlook the property to the rear being at first floor and incur more lack or privacy on the rear of the property and garden; • Previous problems have occurred from the house relating to noise nuisance and late night disturbance. This will add to this being more rooms and more people (parties etc); • Residents are concerned about the large number of rented/let rooms in a lot of properties along this particular row of houses. The area is very run down and outside area are left unattended, overgrown and last year had rats coming from the rear garden boundary due to rubbish being left loose outside in the property concerned

SPECIAL CONSIDERATIONS

Design and amenity: The proposed extension is sympathetic to the existing property and would be constructed above an existing ground floor lean-to projection. This proposed extension will be built in front of a rather bland and obscure elevation of the dwelling and I consider it will be a positive addition.

The extension is proposed to house an additional bedroom with a rearward facing window opening. There is a separation distance of 22 metres to the rear elevation of nos. 44 and 46 Court Road. This meets the separation requirements for proposed windows facing neighbouring habitable windows as

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 prescribed in adopted LPG20. I do not consider that this proposal will result in a loss of privacy for the neighbouring occupiers to the rear.

There is a side facing window to the rear most part of the side facing elevation of no. 131 Ruabon Road. This is a secondary window to a bedroom which is also served by a window on the rear elevation. I am therefore satisfied that there will be no detrimental loss of natural daylight to this room.

Other matters: Any issues relating to the disturbance by way of noise, general cleanliness of the way a dwelling is occupied and antisocial behaviour is not an issue that can be dealt with through this process. There are provisions under the environmental protection legislation to deal with statutory nuisances. This householder extension proposal cannot be attributed directly to such nuisance and it would not be justifiable to refuse an application on this basis.

There is no assigned off road parking to this property. The existing layout is such that it could be occupied as a four bed property. Whilst this proposal seeks to add an extra bedroom, it is likely to be retained as a four bed property due to the small scale of one of the existing rooms. I therefore consider that there will be no additional impact upon highway safety as a result of this proposal.

Conclusion: I am satisfied that the proposal will not result in a loss of amenity to the neighbouring occupiers of the site and will represent a general improvement to the rear elevation of the dwelling. I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

REASON(S)

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0512 YEW TREE FARM LLAY ROAD 15/07/2014 ROSSETT WREXHAM LL12 0HT COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: SEH CONSTRUCTION OF SLURRY STORE AND ASSOCIATED WORKS WARD: AGENT NAME: Rossett APPLICANT(S) NAME: ROGER PARRY & HOSELEY FARMS PARTNERS LLP MR RICHARD CORBETT ______

THE SITE

Application Site

Nearest house

Existing Slurry Lagoon Proposed Slurry Store

PROPOSAL

As above.

RELEVANT HISTORY P/2012/0703 Construction of slurry Withdrawn 07/11/12 lagoon P/2014/0189 Construction of slurry Refused 16/05/14 lagoon

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DEVELOPMENT PLAN

Outside of settlement limit within a Special Landscape Area, Green Barrier and the Bretton Source Protection Zone 3. UDP Policies PS2, GDP1, EC14, EC1, EC3 and EC5 apply.

CONSULTATIONS

Community Council: The Council supports this application on the grounds that it will make the farm more efficient and presumably were it not required then the application would not have been submitted. Many other farms in the area have installed slurry stores for the above reasons. Local Member: Notified 18.07.14 Highways: No recommendations NRW: Consulted 18.07.14 Public Protection: Consulted 18.07.14 Flood Officer: Not PFRA (2011) area or surface water flood risk maps, but it is within an areas >75 susceptible to groundwater flooding and within 0.2km of the River Alyn. It is closely sited to Flood Zone 2 and 3. Consultation with NRW is advised. Site Notice: Expired 11.08.14 Neighbours: 2 letters received raising the following planning considerations: • The slurry store should be shielded from view from the nearby public right of way; • The development will increase problems with odour.

SPECIAL CONSIDERATIONS/ ISSUES

Background: An application for a slurry lagoon was submitted in 2012 (P/2012/0703) which was subsequently withdrawn. A further application for a slurry lagoon was submitted earlier this year (P/2014/0189) and permission refused because the proposed slurry lagoon is located within the Bretton Source Protection Zone 3 identified as a source of high quality water usable for human consumption. This water source is at particular risk from polluting activities on or below the land and inadequate information had been submitted with the application to demonstrate that the risks posed to groundwater could be satisfactorily managed. Further, inadequate information had been submitted with the application to properly assess the impact upon visual and residential amenity.

The application now submitted is for the erection of a circular slurry store and hard standing. Full elevation details have been provided and the main issues

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 to consider relate to the impact upon water quality, visual and residential amenity.

Visual and Residential Amenity: The slurry store will be of glass enamelled steel construction and will have a diameter of 26.45 metres with a height of just over 4 metres. The store will be accessed from the existing farm track and located adjacent to an existing slurry lagoon.

The tank has been located to the rear of the existing farm complex and it will not be readily visible from the public highway; I am satisfied that in accordance with UDP Policy EC3, the development will not be detrimental in terms of its impact upon the surrounding landscape. There is a public right of way running through the site from which the tank will be visible. However given the use of the land as an operational farm, I do not consider the structure to be alien to the locality and the development would accord with the character and appearance of the site. The development will not have a significant visual impact from nearby or distant viewpoints within the Special Landscape Area.

The nearest residential property is over 100 metres away and thus I do not considered the visual impact of the development upon it to be significant. The boundary of the site could benefit from some planting to break up sightlines and soften the visual impact of the development and a condition will be attached to any permission to secure this.

Odour: Concern has been raised about the smell emanating from the existing slurry lagoon and fears that this will increase when the additional slurry store is erected. Whilst it is unfortunate that smells are experienced outside of the site, this is a working farm where neighbours will experience some associated odour. A condition will be attached to secure the submission of an odour management plan.

The volume of slurry generated by the herd is approximately 2,500 – 3,000 cubic meters every 4 months. The current facilities are not sufficient to ensure that the farm activities comply with the increased Nitrate Vulnerable Zone Regulations (NVZ Regs) which cover the storage requirements for slurry. The proposed slurry store will increase storage facilities to the required level.

Water Quality: The slurry store now proposed at the farm has been designed to comply with The Water Resources Regulations 2010 (SSAFO) which aims to prevent water pollution from stores of silage and slurry. NRW have been consulted and should any concerns be raised, these will be addressed in the addendum report.

Conclusion: The proposed development is necessary to provide for adequate slurry storage to comply with NVZ regs. I am satisfied that the slurry store will not have a significant detrimental impact upon visual or residential amenity and that subject to no adverse comment from NRW, there would be no risk to ground water quality.

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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. Prior to their use on the development sample(s) of the colour for the enamel 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. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 4. The planting scheme implemented in connection with condition no. 04 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 5. Prior to first use of the slurry store hereby approved, having regard to the Environment Agency's H4 Odour Guidance an Odour Management Plan shall be submitted to and approved, in writing, by the Local Planning Authority. The store shall be operated/managed in strict accordance with the plan as is approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 prosecution.

The proposed development must fully comply with the terms of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oils) (Wales) Regulations 2010, as confirmed within the Design and Access Statement. The applicant should call Julian Whitehead, Agriculture Officer on 01244 894584 at least 14 days before bringing the lagoon into use. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0516 GARAGE AND LAND TO THE SIDE 15/07/2014 AND REAR OF 10 RUTHIN ROAD BWLCHGWYN WREXHAM COMMUNITY: LL11 5UT CASE OFFICER: Brymbo SEH DESCRIPTION: DEMOLITION OF EXISTING WARD: COMMERCIAL GARAGE AND AGENT NAME: Minera OUTLINE APPLICATION TO ERECT 2 FITZSIMON PLANNING NO. DETACHED DWELLINGS. AND DEVELOPMENT MR DAVID FITZSIMON APPLICANT(S) NAME: MR & MRS D BOWEN ______

THE SITE

Approximate location of Access dwellings

Application Site

PROPOSAL

As above.

RELEVANT HISTORY

6/20111 Outline permission for residential development. Granted 12/05/1992

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DEVELOPMENT PLAN

Within defined settlement limit. Policies PS1, PS2, PS3, PS4, GDP1, H2, EC4, EC6 and T8 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Consulted 21.07.14 Local Member: Notified 21.07.14 Public Protection: Recommend conditions and notes requiring measures to limit the impact of demolition and construction works, and land contamination investigations. Highways: No objection subject to recommended conditions. (See special considerations below). WW: No objection subject to recommended conditions and advisory notes relating to the connection to the main sewer and drainage for the site. NRW: No objection – NRW have records of great crested newts (GCN) within 100 metres of the site which may use/cross the site. As such a scheme of Reasonable Avoidance Measures (RAMs) should be submitted as part of the reserved matters application. Site Notice: Expired 13.08.14 Neighbours: 1 letter of objection received expressing the following concerns: - Development will be unsightly; - The access is dangerous and the development will increase traffic generation; - Smoke from chimneys will affect the properties on the higher ground to the rear; - Alterations to the bank supporting the houses to the rear above the site may affect the stability.

SPECIAL CONSIDERATIONS

Policy: Policy H2 permits residential development on unallocated sites within settlements. Whilst it does not specifically deal with replacement buildings it does not distinguish between vacant sites and sites occupied by existing buildings. The proposals are therefore in accordance with the policy.

Design and Amenity: The site is well screened from public viewpoints by the existing surrounding properties and as such the development will not have a significant impact upon the visual amenities of the area. The site is currently used as a commercial car repair garage and along with the garage building; it

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 houses a number of vehicles on site. Residential development of the site offers the opportunity to improve what limited views there are into the site from the highway.

Although the application is in outline only an indicative site layout plan has been submitted which demonstrates that the site is of sufficient size and shape to allow for the erection of 2 detached dwellings with enough useable private outdoor space and on-site parking to accord with the Council’s adopted standards. The proposed dwellings would accord with the character and appearance of the site and make a positive contribution to the visual amenities of the locality in line with UDP Policies PS2 and GDP1.

Highway Safety and Parking: Provision for on-site parking can be in accordance with LPGN No.16 Parking Standards can be achieved. A condition will be attached requiring details of on-site parking to be submitted with the reserved matters application.

The site has an existing access onto a classified highway that is subject to a 30mph speed limit. Visibility is acceptable to the south but is substandard to the north. This would normally preclude any further development of the site. However, taking into account the existing use of the site as a commercial garage and its associated traffic movements, it is reasonable to offset this traffic generation against that of a residential development. I consider that 2 no. dwellings would not generate more vehicular movements through the existing access than the garage. Accordingly there would be no adverse impact upon highway safety.

Other matters: It may be necessary to cut into a bank on site that above is a number of existing dwellings. Whilst I have no reason at this stage to think that this would affect the stability of the bank, a condition should be attached to any permission to secure the submission of full details of any retaining walls together with a supporting report from a qualified structural engineer.

With regards to concerns raised in relation to smoke emission, the location of chimneys is controlled by building regulations and is therefore not a planning consideration.

Conclusion: The development accords with the relevant UDP policies and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 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. 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. 5. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a plan indicating the positions, design, materials and type of boundary treatment and timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 6. The landscaping scheme submitted and approved in connection with condition no. 05 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 7. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 8. The planting scheme implemented in connection with condition nos 6 and 7 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 11. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 11 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 12. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

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13. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 14. No part of the development shall commence until details of the proposed Reasonable Avoidance Measures (RAMs) have been submitted to and approved in writing by the Local Planning Authority. The details shall include the following: a) Details of a tool box talk on the identification and ecology of great crested newts to be made available to all construction staff employed on the project; b) Details of an artificial amphibian hibernacula to be constructed adjacent to the site (Details of the design can be found in great crested newt mitigation guidelines - August 2001); c) Details of a walk over survey of the site prior to commencement of development, and a destructive search (under the supervision of a licensed great crested newt handler) made of any potential great crested newt habitat (such as rubble piles or sheet materials that are on the site) on the site. Any amphibians found should be relocated to the artificial hibernacula; d) Details of storage of material on pallets off the ground, and bulk materials which are to be delivered on site and used within the day of delivery. e) Confirmation that excavated trenches will be covered over at the end of each working day with plywood and the edges sealed with sand or soil. Trenches are to be checked each morning for any amphibians. Any amphibians located are to be moved to the artificial hibernacula. The development shall be carried out in strict accordance with the RAMs as are approved. 15. 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. 16. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 17. 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. 18. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction

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Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 19. As part of the reserved matters application cross section details through the site shall be submitted. 20. As part of the reserved matters application details of any alterations to the bank to the west of the site and any proposed retaining walls together with a report of an associated survey carried out by a qualified structural engineer shall be submitted. 21. The site shall be developed for a maximum of 2 no. dwellings. 22. There shall be no means of pedestrian or vehicular access to the development from Ruthin Road at the northern highway frontage of the site. 23. No part of the development hereby approved shall commence until the commercial activities on the site edged in red and blue on the approved plan have ceased in their entirety, and no other commercial activity shall thereafter be carried out on either of these sites.

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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. In the interests of the amenities of the future occupants of the buildings

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11. In the interests of the amenities of the future occupants of the buildings 12. To protect the amenities of the occupiers of nearby properties. 13. To protect the amenities of the occupiers of nearby properties. 14. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 15. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 16. 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. 17. 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. 18. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 20. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 21. In the interests of highway safety. 22. In the interests of highway safety. 23. To protect the amenities of the occupiers of nearby properties and in the interests of highway safety.

NOTE(S) TO APPLICANT

The scheme of landscaping referred to in the above conditions shall include any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. In addition, any of the following which apply to the particular site must be included:- means of enclosure, car parking layout, access and circulation areas, materials for hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play equipment) location of services, and any historic landscape features to be retained/improved.

Further advice on compliance with condition nos 10 and 11 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050.

The applicant is advised that compliance with condition no. 12 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

Applicants are advised that compliance with condition no. 13 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0522 JOHN AND JUDYS 70 POYSER 16/07/2014 STREET WREXHAM LL13 7RT COMMUNITY: CASE OFFICER: Offa DESCRIPTION: MP ERECTION OF STORE IN YARD (IN RETROSPECT). WARD: AGENT NAME: Offa APPLICANT(S) NAME: MILES DESIGNS MR ADRIAN JONES MR S H MILES ______

THE SITE

Position of the shed

PROPOSAL

As above. The shed is to be used for ancillary storage for the first floor residential accommodation.

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HISTORY

P/2012/0774 Change of use of part of retail floor area to cafe (in retrospect). Granted 7.1.2013 – temporary permission until 7.1.2014.

P/2014/0113 Change of use of part of retail premises to café. Granted 7.7.2014 – temporary permission until 7 July 2015.

DEVELOPMENT PLAN

Within settlement limit. Policy GDP1 applies.

CONSULTATIONS

Community Council: No objection. Local Member: Notified 22.7.14 Public Protection: No comments. Highways: No recommendations on highways grounds. Site Notice: Expired 15.8.14 Neighbours: The owners/occupiers of 2 adjacent premises notified 24.7.14. 1 representation expressing no objection. 1 objection received expressing the following concerns: - The shed was only erected over the 2013/2014 Christmas period; - Neighbouring owner and tenant have not been approached regarding the erection of the shed under the Party Wall Act and/or neighbourhood agreement; - It would appear the shed has been used as a smoking shelter and the yard area immediately in front of the shed is being used as a recreation area for the recently opened café. This is now spreading on to the public footpath where customers are congregating leaving my tenant felling intimidated; - Not in keeping with the street scene; - Customers using the recreation area overspill on to the public footpath and sit on their parked cars which is intimidating for my tenant to walk past; - I own the land and footpath that adjoin the premises that the adjoining neighbours have the right of way to access the first floor flat tenants above the shop; - My tenant has been injured because the timber cladding projects 30mm from the boundary line;

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- Witnessed an old lady walking past the elevation facing the public footpath who snagged her jacket on the protruding timber cladding; - witnessed customers leaving doors open on the highway and distracting passing traffic; - the timber is already warping and detaching. I can foresee that the material will not weather well.

SPECIAL CONSIDERATIONS

Appearance: The timber clad shed projects 5.4m beyond Poyser Street elevation of the property. It is 2.2 metres wide and has a mono-pitched roof that abuts the boundary wall between no.70 and no.72 Poyser Street. The roof is 3m high at its highest point.

The timber cladding currently overlaps the wall fronting no.70 Poyser Street which harms the overall appearance of the frontage of the site. The applicant is proposing to reduce the length of the shed by 200mm so that its Poyser Street elevation is behind the boundary wall.

Once the above amendments have been carried out the small size and simple appearance of the shed mean it will not have a significant or detrimental impact upon the wider street scene.

Amenity: The small size and the position of the shed ensure it does not adversely impact upon the standard of amenity afforded to the occupiers of nearby properties.

Use of the shed: Whilst noting the concerns expressed by the objector, the shed is to be used in conjunction with the residential use of the flat above no.70 Poyser Street and not in conjunction with the ground floor commercial premises. The concerns expressed by the objector in relation to the operation of the latter are not relevant material considerations in this particular case.

Other Matters: Whether the applicants have had permission from the owner of an adjacent property to construct a shed that adjoins their property is not a material planning consideration. This is a matter the owner of that property must take up with the applicant privately.

Conclusion: The development accords with policy GDP1.

RECOMMENDATION: That permission be GRANTED

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CONDITION(S)

1. The alterations to the shed as shown on the Proposed Side Elevation and Proposed Elevation To The Road (approved drawing no. 01) shall be carried out within three months of the date of this permission. 2. The shed hereby granted permission shall not be used for any purpose other than one incidental to the residential occupation of the first floor of no.70 Poyser Street.

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. To protect the amenities of the occupiers of nearby properties.

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LIST OF DELEGATED DECISIONS ISSUED

BRO P/2013/0839 LAND AT, WHITEHEAD DRIVE, NEW SUBMISSION OF RESERVED GRANTED BROUGHTON, WREXHAM, LL11 6BZ MATTERS PURSUANT TO OUTLINE 12/08/2014 PLANNING PERMISSION P/2012/0523 (ACCESS, APPEARANCE, LAYOUT, SCALE AND LANDSCAPING) RESIDENTIAL DEVELOPMENT CONSISTING OF 110 DWELLINGS

MIN P/2013/0872 PLAS GWYN, OLD ROAD, BWLCHGWYN, ALTERATION TO ACCESS AND GRANTED WREXHAM, , LL11 5UG DRIVEWAY 25/07/2014

LLA P/2014/0119 GWASTAD FARM, LLAY ROAD, CEFN Y BEDD, ERECTION OF DWELLING AND GRANTED WREXHAM, , LL12 9UF ASSOCIATED DOUBLE GARAGE 07/08/2014

BRN P/2014/0182 THE COTTAGE, HANMER ROAD, EGLWYS ALTERATIONS & RESTORATION - GRANTED CROSS, WREXHAM, , SY13 2JR ERECTION OF TWO STOREY TIMBER 30/07/2014 CLAD REAR EXTENSION WITH SLATE ROOF AND TIMBER BALCONY, INSERTION OF 3 NEW CONSERVATION ROOF LIGHTS IN THE EXISTING SLATE ROOF TO REAR, DEMOLITION OF BRICK FIRE PLACE & INSERTION OF 2 NEW FRENCH DOORS.

ABE P/2014/0195 LAND AT, ABENBURY WAY, WREXHAM OUTLINE APPLICATION FOR GRANTED INDUSTRIAL ESTATE, WREXHAM, , LL13 9UZ INDUSTRIAL UNIT & ASSOCIATED 31/07/2014 VEHICULAR & PEDESTRIAN ACCESS

LLR P/2014/0256 , MARCHWOOD, WOODLANDS ROAD, ERECTION OF DETACHED GARAGE GRANTED FRONCYSYLLTE, WREXHAM, , LL20 7SA 21/07/2014

GWE P/2014/0274 DEREKS CONVENIENCE STORE, PROPOSED TWO-STOREY GRANTED WHEATSHEAF LANE, GWERSYLLT, EXTENSION TO EXISTING RETAIL 15/08/2014 WREXHAM, , LL11 4DS PREMISES TO PROVIDE ADDITIONAL RETAIL AREA AND STORAGE FACILITIES WITH TWO SINGLE BEDROOM FLATS AT FIRST FLOOR LEVEL

ABE P/2014/0275 LAND ADJACENT TO, F LLOYD (PENLEY) LTD, CONSTRUCTION OF TWO NEW GRANTED BRIDGE ROAD SOUTH, WREXHAM WAREHOUSE UNITS AND 24/07/2014 INDUSTRIAL ESTATE, WREXHAM, , LL13 9SQ ASSOCIATED SERVICE / HARDSTANDING AREAS

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ESC P/2014/0309 IMPERIAL COMMERCIALS LTD, WREXHAM RE-CLADDING OF BUILDING GRANTED ROAD, RHOSTYLLEN, WREXHAM, , LL14 4DP (INVOLVING ALTERATIONS TO ROOF 30/07/2014 AND WALLS) AND ERECTION OF ONE BAY EXTENSION TO FORM BRAKE TESTING ENCLOSURE

CEF P/2014/0329 THE BARBER SHOP, CRANE STREET, CEFN REPLACEMENT SHOPFRONT AND GRANTED MAWR, WREXHAM, , LL14 3AB ROOF AND ALTERATIONS 05/08/2014

WRR P/2014/0338 COLEG CAMBRIA, GROVE PARK ROAD, , CROWN LIFT ONE SYCAMORE (T1) GRANTED WREXHAM, , LL12 7AB OVER FOOTPATH BY 3m AND PRUNE 16/07/2014 TO CLEAR STREET LIGHT BY 1m, PRUNE THREE NORWAY MAPLES (G1) BACK FROM FLAG POLES TO ACHIEVE 2m CLEARANCE AND REMOVE RUBBING BRANCH, PRUNE TWO NORWAY MAPLE (G2) TO CLEAR STREET LIGHT BY 1m AND REMOVE LOW BRANCH OBSTRUCTING STREET LIGHT, REDUCE SIDE BRANCHES BACK FROM BUILDING AS FAR AS KERB FROM ONE YEW (T3), REMOVE EPICORMIC BRANCHES FROM MAIN STEM TO HEIGHT OF MAIN FORK FROM ONE LIME (T4), REDUCE BACK BRANCHES OVERHANGING CABIN FROM TWO NORWAY MAPLES (G4) TO GIVE 3-4m CLEARANCE, CROWN RAISE TO 1m DOGWOOD AND PORTUGUESE LAUREL (G5), CROWN LIFT TWO LIMES (G6) BY 2m, REMOVE SMALLEST OF THE TWO STEMS FROM ONE CYPRESS (T7) AND REMOVE BRANCH STUBS FROM SIX BIRCH (G7). TREES PROTECTED BY TPO WMBC No. 11 AND No. 110

GRE P/2014/0339 CEDAR HALL, THE GREEN, GRESFORD, REDUCE THE HEIGHT OF THREE REFUSED WREXHAM, , LL12 8RG HORSE CHESTNUT TREES (T1, T2, 15/08/2014 T3) TO THE CURRENT HEIGHT OF THE ADJACENT SYCAMORE (T4) AND REMOVE TWO LOWEST LIMBS OVER GARDEN FROM ONE SYCAMORE (T4). TREES PROTECTED BY TPO DCC No. 20

MIN P/2014/0347 PARK FARM, MINERA MOUNTAIN ROAD, ERECTION OF REPLACEMENT GRANTED MINERA, WREXHAM, , LL11 3DR DWELLING 31/07/2014

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MAE P/2014/0358 THE LODGE, TUDOR DRIVE, LLANERCH OUTLINE PLANNING APPLICATION WITHDRAWN PANNA, PENLEY, WREXHAM, LL13 0LR FOR RESIDENTIAL DEVELOPMENT 18/07/2014 (10 HOUSES - 6 DETACHED AND 4 SEMI-DETACHED) AND NEW ACCESS POINTS ONTO TUDOR DRIVE (LAYOUT AND ACCESS NOT RESERVED)

WRO P/2014/0375 FUSILIER WAY, , HIGHTOWN, WREXHAM, LL13 DISPLAY OF NOTICE BOARDS GRANTED 7YF (PARTLY IN RETROSPECT) 25/07/2014

LLR P/2014/0376 CARMEL COTTAGE, CWMALIS ROAD, REPLACEMENT PORCH EXTENSION GRANTED FRONCYSYLLTE, WREXHAM, LL20 7RP 16/07/2014

BRN P/2014/0382 LODGE COTTAGE, DRURY LANE, TY ERECTION OF BARN FOR NON- GRANTED BROUGHTON, WREXHAM, SY13 3BE DOMESTIC ANIMALS, NEW ACCESS 31/07/2014 AND CLOSURE OF EXISTING ENTRANCE (PARTLY IN RETROSPECT)

HOL P/2014/0384 GREDINGTON ARMS, HOLT ROAD, OUTLINE APPLICATION FOR THE REFUSED LLANYPWLL, WREXHAM, LL13 9SD ERECTION OF 4 NO. DWELLINGS ON 23/07/2014 THE FORMER PUBLIC HOUSE CAR PARK

HOL P/2014/0385 GREDINGTON ARMS, HOLT ROAD, CHANGE OF USE OF FORMER WITHDRAWN LLANYPWLL, WREXHAM, LL13 9SD PUBLIC HOUSE AND ADJACENT 30/07/2014 OUTBUIDING TO FORM THREE RESIDENTIAL DWELLINGS INCLUDING LIMTED EXTENSION AND EXTERNAL ALTERATIONS

GRE P/2014/0386 LAND ADJACENT TO, ASHGROVE NURSING REFURBISHMENT AND EXTENSION WITHDRAWN HOME, CHESTER ROAD, GRESFORD, OF EXISTING OFFICE BUILDING TO 18/07/2014 WREXHAM, LL12 8PP PROVIDE 5 NO. OFFICES (CLASS A2 USE)

BAN P/2014/0389 TY GRAIG, STATION ROAD, BANGOR ON DEE, EXTENSION TO CONSERVATORY IN GRANTED WREXHAM, LL13 0AB RETROSPECT 25/07/2014

GWE P/2014/0390 KIOWAS, 4, DODDS LANE, GWERSYLLT, CHANGE OF USE FROM REFUSED WREXHAM, LL11 4NU RESIDENTIAL ACCOMMODATION TO 08/08/2014 USE AS DENTIST PRACTICE (C3 TO D1)

ERB P/2014/0391 1 PILKINGTON COTTAGES, , ERBISTOCK, REPAIR OF 'AIREY' TYPE HOUSE BY GRANTED WREXHAM, LL13 0DN REMOVING EXTERNAL PANELS AND 25/07/2014 POSTS AND REPLACING WITH MASONRY

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ESC P/2014/0397 IMPERIAL COMMERCIALS LTD, WREXHAM DISPLAY OF 4 ADVERTISEMENTS - GRANTED ROAD, RHOSTYLLEN, WREXHAM, , LL14 4DP FASCIA SIGN, PYLON SIGN, WALL 29/07/2014 MOUNTED SIGN AND PROJECTING SIGN

CEF P/2014/0398 MAESBURY, RUSSELL STREET, CEFN MAWR, PAINT EXTERNAL PEBBLE DASHED GRANTED WREXHAM, LL14 3BL RENDER (IN MAGNOLIA) AND MAKE 23/07/2014 GOOD AND TIDY UP AND REPLACE WINDOWS ON LIKE FOR LIKE BASIS WITHOUT LEADED GLAZING

ROS P/2014/0402 2 ALYN DRIVE, ROSSETT, WREXHAM, LL12 FIRST-FLOOR EN-SUITE EXTENSION GRANTED 0HQ 16/07/2014

WRR P/2014/0403 CAR PARK TO REAR OF, WREXHAM COUNTY CROWN LIFT 3M OVER PARKING GRANTED BOROUGH COUNCIL OFFICES, LAMBPIT AREA ONE HAWTHORN (TREE 1) 23/07/2014 STREET, , WREXHAM, LL11 1AR AND ONE SYCAMORE (TREE 4), CROWN LIFT 3M ONE HORSE CHESTNUT (TREE 2), REDUCE CANOPY BY 1M TO CLEAR LAMP COLUMN ONE HOLLY (TREE 3). TREES PROTECTED BY TPO DCC NO. 12.

RUA P/2014/0404 8 RAILWAY TERRACE, RUABON, WREXHAM, REMOVE ONE CONIFER TREE (T1) GRANTED LL14 6DH PROTECTED BY RUABON 23/07/2014 CONSERVATION AREA

WRC P/2014/0405 THE CLARKS SHOP, 7 EAGLES MEADOW, , DISPLAY OF ADVERTISMENT - GRANTED WREXHAM, LL13 8DG ILLUMINATED FASCIA HIGH LEVEL 01/08/2014 SIGN

ESC P/2014/0406 SAINT MARYS CHURCH, PLAS BUCKLEY FELL ONE CYPRESS (T4), REDUCE GRANTED ROAD, BERSHAM, WREXHAM, LL14 4LP HEIGHT OF ONE DOUGLAS FIR (T5) 23/07/2014 BY 3-4M AND REDUCE TOP AND SIDES BY 2-3M FROM ONE COPPER BEECH (T6). TREES PROTECTED BY BERSHAM CONSERVATION AREA.

PEN P/2014/0407 49 CHAPEL STREET, PENYCAE, WREXHAM, SINGLE STOREY REAR EXTENSION GRANTED LL14 2RF (IN RETROSPECT) 16/07/2014

ESC P/2014/0409 DEE VALLEY WATER, PACKSADDLE DEPOT, ERECTION OF PRE-FABRICATED GRANTED WREXHAM ROAD, RHOSTYLLEN, WREXHAM, , OFFICE BUILDING (18M X 4M X 3M) 01/08/2014 LL14 4EH

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ISY P/2014/0416 WOCKHARDT (CP PHARMACEUTICALS), ASH SINGLE STOREY EXTENSION ON GRANTED ROAD NORTH, WREXHAM INDUSTRIAL THE WEST ELEVATION TO HOUSE 01/08/2014 ESTATE, WREXHAM, LL13 9UF COLD STORE. CONSTRUCTION OF MEZZANINE FLOOR TO INCREASE FLOOR SPACE OVER CLEAN ROOM AREA TO HOUSE OFFICES FOR THE CLEAN ROOM PERSONNEL (IN RETROSPECT).

PEN P/2014/0418 PEN Y CAE YOUTH CLUB, AFONEITHA ROAD, NOTIFICATION OF DEMOLITION GRANTED PEN Y CAE, WREXHAM, LL14 2PF WORK - TO DEMOLISH YOUTH CLUB 16/07/2014 BUILDING

MAR P/2014/0419 SMITHY COTTAGE, SONTLEY LANE, KITCHEN EXTENSION TO REPLACE GRANTED SONTLEY, WREXHAM, LL13 0YW CONSERVATORY 16/07/2014

GWE P/2014/0420 OAKWOOD, GLANLLYN ROAD, BRADLEY, ERECTION OF CONSERVATORY TO GRANTED WREXHAM, LL11 4DA REAR OF PROPERTY (IN 08/08/2014 RETROSPECT)

GRE P/2014/0422 71 WYNNSTAY LANE, MARFORD, WREXHAM, CONVERSION OF EXISTING GARAGE GRANTED LL12 8LH WITH EXTENTION OVER AND TWO 05/08/2014 STOREY REAR EXTENSION

CEF P/2014/0423 27 HEOL ABON, CEFN MAWR, WREXHAM, TWO-STOREY SIDE AND REAR GRANTED LL14 3LU EXTENSION 05/08/2014

ISY P/2014/0425 TORRIAD FARM, , BOWLING BANK, ERECTION OF AGRICULTURAL GRANTED WREXHAM, LL13 9RT BUILDING FOR THE STORAGE OF 25/07/2014 STRAW, MACHINERY AND FERTILIZER

ESC P/2014/0426 TALWRN NURSERY, TALWRN ROAD, LEGACY, ALTERATION OF AND EXTENSION TO GRANTED RHOSTYLLEN, WREXHAM, LL14 4ER EXISTING GARAGE TO BE USED AS 08/08/2014 AN ANCILLARY GRANNY ANNEX

BRO P/2014/0428 CRAIG Y DON, COED EFA LANE, NEW EXTENSION TO DWELLING AND GRANTED BROUGHTON, WREXHAM, LL11 6YW ERECTION OF DETACHED GARAGE 01/08/2014

RUA P/2014/0432 OPPOSITE, 1 FRANCIS COURT, STATION INSTALLATION OF GRANTED ROAD, RUABON, WREXHAM, LL14 6DL TELECOMMUNICATION EQUIPMENT 01/08/2014 CABINET (800mm X 1300mm X 450mm)

WOR P/2014/0434 WHALEBONE COTTAGE, PLASSEY LANE, ERECTION OF FIRST FLOOR GRANTED WILLINGTON, MALPAS, SY14 7LS EXTENSION AND PORCH 23/07/2014

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MIN P/2014/0439 THE BARN, CHURCH ROAD, MINERA, CHANGE OF USE OF AGRICULTURAL GRANTED WREXHAM, LL11 3DA LAND TO USE AS A GARDEN. 01/08/2014

ROS P/2014/0441 8 ROSELANDS COURT, CHESTER ROAD, LAWFUL DEVELOPMENT GRANTED ROSSETT, WREXHAM, LL12 0DD CERTIFICATE FOR PROPOSED 13/08/2014 DEMOLITION OF CONSERVATORY AND ERECTION OF SINGLE-STOREY REAR EXTENSION

BRN P/2014/0442 LITTLE GREEN FARM, LITTLE GREEN, ERECTION OF 11.532m X 7.010m GRANTED BRONINGTON, WREXHAM, SY13 2JW PORTAL STEEL FRAMED LIVESTOCK 04/08/2014 BUILDING FOR AGRICULTURAL PURPOSES

WRR P/2014/0443 27 TO 29 GROSVENOR ROAD, WREXHAM, ERECTION OF PROJECTING 'DRUM GRANTED LL11 1BT CLOCK' TO FRONT ELEVATION OF 04/08/2014 BUILDING

SES P/2014/0445 1 TY MANGRE COTTAGES, HOLT ROAD, SITING OF STATIC CARAVAN WITHIN REFUSED CROSS LANES, WREXHAM, LL13 0UR GARDEN AREA FOR PURPOSES 05/08/2014 INCIDENTAL TO THE ENJOYMENT OF THE EXISTING DWELLING HOUSE (IN RETROSPECT)

WRA P/2014/0446 156 BORRAS ROAD, WREXHAM, LL13 9ER FIRST FLOOR REAR EXTENSION AND GRANTED WORKS TO EXISTING GARAGE TO 04/08/2014 INCLUDE REDUCING HEIGHT OF ROOF.

RUA P/2014/0447 OPPOSITE, 1 FRANCIS COURT, STATION INSTALLATION OF GRANTED ROAD, RUABON, WREXHAM, LL14 6DL TELECOMMUNICATIONS CABINET. 05/08/2014

WRA P/2014/0449 32 RICHMOND ROAD, WREXHAM, LL12 8AB BAY WINDOW EXTENSION GRANTED 08/08/2014

GWE P/2014/0450 2 OAK COTTAGES, HIGHFIELD ROAD, TWO-STOREY REAR EXTENSION GRANTED HIGHFIELD, WREXHAM, LL11 4US 13/08/2014

BRY P/2014/0453 CEFN Y GRUG, WESLEY ROAD, BWLCHGWYN, ERECTION OF SELF-CONTAINED WITHDRAWN WREXHAM, LL11 5UY ANNEX LIVING ACCOMMODATION 20/08/2014

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RUA P/2014/0454 BAKERS LODGE, RHOSYMADOC, RUABON, REAR SUN LOUNGE EXTENSION, GRANTED WREXHAM, LL14 6LN REPLACE EXISTING STABLE BLOCK 13/08/2014 WITH NEW GARAGE BLOCK INCLUDING GARDEN STORE AND BIOMASS SYSTEM, WITH ROOF FULLY UTILISED FOR SOLAR POWER

COE P/2014/0455 NANTLLE, MOSTYN ROAD, COEDPOETH, GARAGE / STORE / OFFICE / WET GRANTED WREXHAM, LL11 3TS ROOM EXTENSION 11/08/2014

WRO P/2014/0456 66 TO 68, POYSER STREET, WREXHAM, LL13 CHANGE OF USE FROM ROOM USED GRANTED 7RT AS RETAIL PURPOSES TO 11/08/2014 COMPLETELY RESIDENTIAL

LLR P/2014/0457 CARTREF, LLANGOLLEN ROAD, TREVOR, SINGLE STOREY REAR EXTENSION GRANTED WREXHAM, LL20 7TN 13/08/2014

HOL P/2014/0459 WEST OF AND, ADJACENT TO FOOTPATH NO ERECTION OF GRANTED 2, OFF CASTLE STREET, HOLT, WREXHAM, TELECOMMUNICATION EQUIPMENT 08/08/2014 LL13 9YL CABINET (1200MM X 1600MM X 450MM)

WRA P/2014/0460 4 FFORDD TUDNO,WREXHAM, LL12 7RH RAISING HEIGHT OF ROOF TO GRANTED PROVIDE TWO ADDITIONAL 19/08/2014 BEDROOMS TOGETHER WITH INTERNAL AND EXTERNAL ALTERATIONS

SES P/2014/0461 COOPERATIVE RETAIL SERVICES LTD, INSTALLATION OF NEW SHOP GRANTED BEDWELL ROAD, CROSS LANES, WREXHAM, FRONT, ROLLER SHUTTERS AND 11/08/2014 LL13 0TR BOLLARDS AND ALTERATION TO EXISTING CAR PARKING LAYOUT

GWE P/2014/0465 16 CLYWEDOG CLOSE, SUMMERHILL, SINGLE STOREY SIDE EXTENSION GRANTED WREXHAM, LL11 4YR 19/08/2014

WRA P/2014/0468 66 RHOSNESNI LANE, RHOSNESNI, SINGLE-STOREY REAR EXTENSION GRANTED WREXHAM, LL12 7NA 19/08/2014

COE P/2014/0470 65, CASTLE ROAD, COEDPOETH, WREXHAM, REAR BEDROOM EXTENSION OVER GRANTED LL11 3NU EXISTING DINING ROOM 11/08/2014

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BRN P/2014/0471 CORNER COTTAGE, SMOKEY LANE, AMENDMENTS TO PREVIOUSLY GRANTED TYBROUGHTON, WHITCHURCH, APPROVED PLANNING APPLICATION 21/08/2014 SHROPSHIRE, SY13 3BH CODE NO. P/2013/0208 TO CHANGE APPEARANCE AND DESIGN OF EXTENSION

ESC P/2014/0472 DERWENFA, VICARAGE HILL, RHOSTYLLEN, FIRST-FLOOR EXTENSION AND GRANTED WREXHAM, LL14 4AR ROOFLIGHT TO BEDROOM 13/08/2014

CEF P/2014/0473 HAFOD FARM, , PENYCAE, WREXHAM, LL14 ERECTION OF AGRICULTURAL GRANTED 1UA IMPLEMENT STORE 21/07/2014

GRE P/2014/0475 TREVOR ARMS, MARFORD HILL, MARFORD, DISPLAY OF ADVERTISEMENTS GRANTED WREXHAM, LL12 8TA 08/08/2014

RUA P/2014/0476 WYNN OFFA, WYNNSTAY YARD, THE GREEN, OUTLINE APPLICATION TO ERECT 1 WITHDRAWN RUABON, WREXHAM, LL14 6DP NO. DWELLING ON LAND ADJOINING 16/07/2014 WYNN OFFA.

WOR P/2014/0477 THE BOTHY, MULSFORD ROAD, SINGLE-STOREY EXTENSION GRANTED WORTHENBURY, WREXHAM, , LL13 0AN 21/08/2014

BRO P/2014/0478 TELECOMMUNICATIONS MAST, TRANSPORT PRIOR APPROVAL FOR SITING AND GRANTED GARAGE, SOUTHSEA ROAD, SOUTHSEA, APPEARANCE OF EQUIPMENT. 15/08/2014 WREXHAM, , LL11 5PP REMOVAL OF EXISTING MONOPOLE ON BUILDING AND NEW 15M HIGH FREESTANDING MONOPOLE AND REPLACEMENT EQUIPMENT CABINETS (2 NO.)

HOL P/2014/0479 PLAS BOSTOCK FARM, COMMONWOOD, CONSTRUCTION OF NEW ACCESS & GRANTED HOLT, WREXHAM, , LL13 9TF HARDSTANDING / CARPARKING 21/08/2014 AREA

WRO P/2014/0481 UNITED NORWEST CO-OP LATE SHOP, 21 TO REPLACEMENT OF MANUAL SWING GRANTED 21A, POPLAR ROAD, WREXHAM, LL13 7DG ENTRANCE DOOR WITH AUTOMATIC 11/08/2014 SLIDING DOOR AND INSTALLATION OF NEW ROLLER SHUTTER.

WRA P/2014/0486 ROUNDABOUT NEAR ASDA, BODHYFRYD, DISPLAY OF SPONSORSHIP SIGNS GRANTED WREXHAM, LL12 7BW (RENEWAL OF PLANNING 15/08/2014 PERMISSIONS P/2004/0628 & P/2010/0653)

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

ISY P/2014/0487 CAE BRYNNER COTTAGE, HOLT ROAD, ERECTION OF STABLE FOR HORSES. GRANTED ISYCOED, WREXHAM, LL13 9RL 19/08/2014

BRY P/2014/0489 2 FFYNNON Y CEIRW, BRYMBO ROAD, FRONT PORCH AND REAR WITHDRAWN BWLCHGWYN, WREXHAM, LL11 5UA EXTENSION. 18/07/2014

COE P/2014/0492 KYLES CORNER, 1 MIDDLE ROAD, LAWFUL DEVELOPMENT GRANTED COEDPOETH, WREXHAM, LL11 3TN CERTIFICATE FOR PROPOSED 19/08/2014 SINGLE STOREY REAR EXTENSION TO FORM GARDEN ROOM AND CONVERSION OF UTILITY TO WET ROOM.

WRR P/2014/0493 THE CONIFERS, RAILWAY ROAD, STANSTY, REAR EXTENSION GRANTED WREXHAM, , LL11 2DH 15/08/2014

GRE P/2014/0494 TREVOR ARMS, MARFORD HILL, MARFORD, LISTED BUILDING CONSENT TO GRANTED WREXHAM, LL12 8TA DISPLAY ADVERTISEMENTS 08/08/2014

GRE P/2014/0495 45 NARROW LANE, GRESFORD, WREXHAM, SINGLE STOREY SIDE EXTENSION GRANTED LL12 8EN 19/08/2014

HAN P/2014/0498 NORTH OF GARAGE, HANMER VILLAGE ERECTION OF PCP CABINET GRANTED ROAD, , HANMER, WREXHAM, , SY13 3DE 19/08/2014

GRE P/2014/0500 4 BELGRAVE COURT, GRESFORD, WREXHAM, SINGLE STOREY SIDE EXTENSION GRANTED LL12 8PN 19/08/2014

CHI P/2014/0504 4 PEN Y WAUN, CHIRK, WREXHAM, LL14 5NJ EXTENSION TO REAR OF PROPERTY GRANTED 19/08/2014

GWE P/2014/0505 2 WESTMINSTER VILLAS, MOLD ROAD, FIRST FLOOR BEDROOM & ENSUITE GRANTED GWERSYLLT, WREXHAM, LL11 4SB EXTENSION 21/08/2014

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

RHO P/2014/0507 8 HEOL Y CYNGOR, JOHNSTOWN, WREXHAM, DEMOLITION OF PART OF EXISTING GRANTED LL14 2TP BRICK SEMI-DETACHED 19/08/2014 OUTBUILDING. ERECTION OF SINGLE STOREY KITCHEN EXTENSION INCLUDING RE- CONSTRUCTION OF PARTY WALL AND ALTERATION ON SHARED DRAIN.

WRA P/2014/0530 19, SUNNINGDALE CLOSE, WREXHAM, LL13 FIRST FLOOR EXTENSION GRANTED 9QU COMPRISING ENLARGED BEDROOM 19/08/2014 AND ENSUITE

RUA P/2014/0533 PENTRE ISAF FARM, RHOSYMADOC, AGRICULTURAL NOTIFICATION - GRANTED RUABON, WREXHAM, LL14 6LU ERECTION OF BUILDING (27M X 15M 15/08/2014 AND 5.5M HIGH)

Page 212 Agenda Item 5

REPORT TO: Planning Committee

REPORT NO. HCWD/27/14

DATE: 1 September 2014

REPORTING OFFICER: Head of Community Wellbeing & Development

CONTACT OFFICER: Lorna Goring (Ext 8761)

SUBJECT: Chirk Conservation Area – Proposed Boundary Amendments, Character Assessment and Management Plan and Introduction of new Article 4(2) Direction

WARD: Chirk

PURPOSE OF THE REPORT

To seek the Committee’s views and recommendations on the boundary amendments to Chirk Conservation Area, a new Character Assessment and Management Plan and the introduction of a new Article 4(2) Direction to cover the extended boundary prior to approval by Executive Board.

INFORMATION

1 Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires Local Authorities to identify ‘areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’ for designation as conservation areas. Furthermore Local Authorities are required to formulate policies and proposals for their preservation and enhancement.

2 The Chirk Conservation Area was first designated on 29 August 1975 and its boundary reviewed and amended in October 1997. The proposals outlined in this report have been formulated following a recent review of the existing Conservation Area boundary, the planning controls

Page 213 currently in place as well as review of the wider area and landscape setting. The works form part of a series of Conservation Area reviews being undertaken across the Country Borough. A map showing the proposed Conservation Area boundary is included as Appendix 1.

3 Chirk is situated on the border between Wales and England approximately 9 miles south west of Wrexham town centre and 5 miles north of Oswestry. The village sits within a shallow valley enclosed between the historic estates of Chirk Castle, which overlooks the village to the west, and Brynkinallt hidden to the east by a sloping ridge and dissected from the village by the modern A483 bypass. The Conservation Area focuses on the historic core of the village which is set on a small outcrop above the River Ceiriog and overlooking the picturesque Ceiriog Valley. The Conservation Area boundary encompasses the original medieval settlement around the Church of St Mary and Church Street and extends westwards along Station Avenue and Castle Road to include the Chirk Aqueduct and Viaduct, now part of the inscribed Pontcysyllte Aqueduct and Canal World Heritage Site. The Conservation Area boundary also extends northwards to take in part of Holyhead Road which was altered as part of Thomas Telford’s historic A5 London to Holyhead trunk road.

Proposed Boundary Amendments

4 The following amendments to the existing Conservation Area boundary are proposed. A map showing each amendment outlined below is included as Appendix 2.

a) To extend the Conservation Area Boundary to the west along Station Avenue and Castle Road - This area represents, in general, a later phase of development in the history of the town with the materials, detailing, siting, grouping and proportions of many of the properties along Station Avenue and Castle Road, as well as the landscaping, views and prevalence of trees, considered to strengthen the character and the sense of place of Chirk Conservation Area. In addition the retention of many original features across the properties enhances their appearance and adds to the historic integrity of the area; b) To extend the boundary southwards from Castle Road to include Chirk Aqueduct and Viaduct up to the national boundary with England – The inclusion of the grade II* listed structures is in recognition of the strong historical connections between Chirk town and the Pontcysyllte Aqueduct and Canal World Heritage Site. In addition the two structures, through design, function, scale and setting create a most impressive sense of arrival into the Conservation Area and add significantly to the historic interest of the town; c) To extend the boundary eastwards along Trevor Road to include Brynkinallt Lodge and gates – The lodge provides a direct physical

Page 214 link between the town and the Brynkinallt estate and strengthens the historical integrity and character of Trevor Road; d) To de-designate numbers 24, 26, 28, 30, 32, 34, 36, 38, 40 and 42 Castle Walks - The existing Conservation Area boundary follows a historic boundary line which has subsequently been lost during the construction of the Castle Walks estate. As a result the above mentioned properties have been incorporated into the Conservation Area however their positioning and layout is not considered to contribute to the special character and appearance of the area.

Character Assessment and Management Plan

5 A new Chirk Conservation Area Character Assessment and Management Plan has been produced covering both the existing boundary and proposed areas for inclusion. The Character Assessment and Management Plan will replace the Chirk Conservation Area Assessment adopted in January 2002. The document will form Supplementary Planning Guidance and supports Conservation Area policy within the adopted Wrexham Unitary Development Plan 2005 and will support any Conservation Area policies in the emerging Local Development Plan. The document also builds upon national planning policy guidance, in particular Chapter 6 of Planning Policy Wales and Welsh Office Circular 61/96 Planning and the Historic Environment: Historic Buildings and Conservation Areas. As an adopted Council document, Chirk Conservation Area Character Assessment and Management Plan would act as a point of reference for Officers when exercising planning duties and also a guide for local residents, businesses and developers when considering alterations or new development within or adjacent to Chirk Conservation Area.

6 The purpose of the Conservation Area Character Assessment and Management Plan is to: • Provide a clear definition of the special architectural and historic interest of Chirk; • Identify ways in which the unique characteristics of Chirk can be preserved and enhanced through the Enhancement Plan; • Strengthen the justification for designation; • Create a clear context for future development both in the Conservation Area and adjacent to the boundary in accordance with conservation policies in the development plan; and • Provide a vehicle for public engagement and awareness raising

7 To achieve these aims, the document is divided into 2 parts: 1. The Character Assessment – the assessment provides a brief historical background to the development of Chirk and describes and analyses the various features that give Chirk Conservation Area its special character and sense of place. There should be a presumption that all of the features identified should be preserved or enhanced as required by the planning legislation detailed in paragraph 1 above.

Page 215 2. The Management Plan – the management plan sets out proposals for the enhancement of Chirk Conservation Area and includes detailed design guidance for both new build and alterations to existing properties to ensure new works are carried out in sympathy with the special character of the area and harmful changes are avoided. The plan also provides a summary of existing planning controls within Chirk Conservation Area and sources of possible funding.

8 The success or otherwise of the document in preserving and enhancing the Conservation Area will be subject to public awareness and support for the proposals and continuous monitoring and review by the Conservation Section.

Introduction of New Article 4(2) Direction

9 Local Authorities have a statutory duty to preserve and enhance the distinct and special character and appearance of their Conservation Areas through exercising planning powers. The introduction of an Article 4(2) Direction will ensure that alterations to the elevations of dwellings which front a highway, footway, waterway or open space, are carried out in sympathy with the special character of the area. Where such a direction is in place, planning permission is normally required for minor development that would otherwise be permitted without specific consent such as the replacement of windows and doors and alteration of boundaries. As such, many traditional features that remain to properties within the Conservation Area will receive additional protection.

10 The approach to the management of change within the existing Conservation Area boundary is proactive with an existing Article 4(2) Direction in place covering non-listed residential buildings on Trevor Road, Church Street, Holyhead Road and Station Avenue (in part). This Direction was made in 2002 and has helped ensure that the special character and appearance of the Conservation Area has been preserved and enhanced.

11 It is proposed that an additional Article 4(2) Direction be made to cover the non-listed residential buildings within the extended area of Station Avenue, Station Road and Castle Road. The introduction of these additional controls has been considered carefully in relation to the extent of original and traditional features that remain on many of the domestic buildings within the extended area and which without the additional controls gained through the Article 4(2) Direction, could be replaced and lost through permitted development provisions over time to the detriment of the character and appearance of the area. In addition the introduction an additional Article 4(2) Direction ensures a consistent approach to the management of change across the entire Conservation Area.

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Consultation

12 Public consultation on the proposals was carried out during July and August 2014. This involved the Local Member, Community Council, Council Members, statutory bodies such as Cadw and a range of organisations and groups with an interest in the historic environment and the local area. Consultation with the general public included contacting all residents and businesses within the Conservation Area, including those within the proposed extension areas, by post and a public display in the reception area of the Contact Centre on Lord Street from 21 July 2014 until the 01 August 2014. Members of the public were also invited to give their views and discuss the proposals with the Conservation Officers at Glyn Wylfa, Castle Road, Chirk on 16 July 2014. This event was advertised through a press release, posters displayed throughout the Conservation Area, as well as being detailed within the postal consultation packs sent to residents and consultees. In addition details of the consultation and access to the relevant consultation documents was made available on the Council’s website with the web address detailed within the postal consultation packs and on the posters.

13 The exhibition event was reasonably well attended with 15 people visiting during the open times. The majority of people showed general support for the proposal to extend the Conservation Area, however some people were concerned with the implications of introducing an Article 4(2) Direction on their ability to do what they want to their properties. This is a common concern surrounding the additional planning controls however it was explained that the direction was not a means of stopping people making changes, it is intended to manage changes to properties positively and that the Conservation Officers would work with residents to try ensure a positive outcome for all. The points received in writing and by email through the consultation process and the Council’s recommended responses are summarised in Appendix 3.

14 In addition to the postal consultation, the proposals were also made available online on the Council’s website. As part of the online consultation members of the public were given the option to complete a short questionnaire via Survey Monkey which asked specific questions relating to the proposals. Two surveys were completed and recorded strong support for the all proposals. A copy of the questionnaire is included in Appendix 4.

15 The Chirk Conservation Area Character Assessment and Management Plan, as amended, is enclosed in Appendix 5. The document will be published bilingually in CD format with illustrations and photographs to accompany the historical and annotated maps. It will also be made available as an A4 and large text document where necessary. All documents will be available for a nominal sum and in time will be placed on the Council’s website.

Page 217

RECOMMENDATION

That the Planning Committee recommends to the Executive Board that::

1. The amendments to the Chirk Conservation Area are approved. 2. That the Chirk Conservation Area Character Assessment and Management Plan be adopted for use as supplementary planning guidance. 3. That the Head of Community Wellbeing and Development be authorised to carry out the statutory procedures in connection with the making of an Article 4(2) Direction under Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995 (As Amended), to cover Station Avenue, Station Road and Castle Road, Chirk, Wrexham.

BACKGROUND PAPERS

Chirk Conservation Area Assessment (adopted 2002) – available at: http://www.wrexham.gov.uk/assets/pdfs/planning/chirknew_en1a.pdf http://www.wrexham.gov.uk/assets/pdfs/planning/chirknew_en1b.pdf

Page 218 APPENDIX 1 Page 219 Page

APPENDIX 2

Page 220 Page APPENDIX 3

CHIRK CONSERVATION AREA – PROPOSED BOUNDARY AMENDMENTS, NEW CHARACTER ASSESSMENT AND MANAGEMENT PLAN AND INTRODUCTION OF NEW ARTICLE 4(2) DIRECTION

CONSULTATION SUMMARY

Ref. Name Representation Summary Council Response 1. E. Jan 1) The document suggests that Station Avenue is a serene place. This is 1) Noted. The text has been amended to raise the issue of Greasley sadly not so. Light and heavy vehicle travel to Mondelez, the Ceiriog traffic and the impact that this has on the character of the Valley, Chirk Railway Station, Canal Wood Industrial Estate, Chirk Castle area. and Lady Margarets Caravan Park prohibit this.

Page 221 Page 2) Page 36 Para 4.45 – The document is incorrect in stating that there are 2) Noted. The para 4.45 has been amended. only two dwellings (numbers 1 and 2). I live at number 3 Station Avenue, the house deeds confirm that there have always been three dwellings in this terrace.

2. Anne Lloyd 1) Suggest that the station platforms and the buildings be included 1) Inclusion of the station and waiting shelters into the Morris extended Conservation Area would bring no additional control over alterations. Sadly no original station buildings remain and the lower level of the Station in relation to Station Road and Station Avenue mean the station itself contributes little to the wider streetscape. It is however acknowledged to be a key gateway into the town and the World Heritage Site and for this reason the bridge over the railway line has been included within the extended boundary.

2) Consider that the area around the mill and either side of the A5 up from 2) Agree that the area around Chirk Mill to the south of the the dip into Chirk is an area of architectural and historic interest whose town has a definite sense of place to which the river character and appearance is worthy of preservation and enhancement. meadows, abundance of trees and excellent views along The A5 itself is historic and River Ceiriog and the river meadows between the Ceiriog Valley contribute towards. It is acknowledged the A5 and Aqueduct and Viaduct may have been site of historic battle? within the Character Assessment that this area provides for There is a special feel to this area and it is a spectacular gateway into views into town and the incline of the road contributes to the Chirk. sense of arrival into the Conservation Area. Further extension of the Conservation Area to include this area will be reviewed as part of the on-going Conservation Area Review Work Programme. 3. Tony Hughes 1) Although outside of the AONB, Chirk is part of the setting of the 1) Noted. The importance of the village as a gateway to the – The Clwydian Range and Dee Valley and is an important gateway into the AONB will be included within the Character Assessment Clwydian protected landscape. The JAC recognises that the character and and Management Plan as will the importance of views both Range and appearance of the historic built environment both within and adjoining the to and from the AONB and the Conservation Area. Dee Valley AONB is an important component of what makes the area special. Area of Outstanding 2) The committee supports the principle of Conservation Area assessment 2) Noted. Natural Beauty and management planning, and commends the local planning authority’s initiative in reviewing and updating the assessment and plan for Chirk Conservation Area. The aims, objectives and management prescriptions set out in the Conservation Area Assessment and Management Plan

Page 222 Page complement those of the JAC. The proposal to extend and amend the Conservation Area boundary arising from the updated assessment, notably the extension along Castle Road to take in Chirk Aqueduct and Viaduct as significant elements of the World Heritage Site, is also supported, together with the proposed extension of the Article 4(2) Direction to ensure an equivalent degree of control throughout the existing and extended area.

3) The JAC notes that Conservation Area’s relationship with its 3) As per point 1 above, reference to the AONB and its surrounding landscape is touched upon in the assessment, including importance will be included within the Character recognition of significant views of the hills to the west. However the JAC is Assessment and Management Plan. disappointed that in describing and responding to the issues around landscape setting no mention is made to the nationally protected landscape of the AONB or its significance in relation to the Conservation Area. 4. Wrexham Area 1) Boundary amendments-generally no objection to the boundary 1) The extension of the Conservation Area focuses upon Civic Society changes subject to the following comments: the main historic routes into the town; Station Avenue, Castle Road and Station Road which have, in general, a - an area has been deleted because the 'positioning and layout' of unifying architectural character which is discussed in detail new housing has not contributed to the special character and in the Character Assessment. The large area excluded from appearance of the area. It would be helpful if the shortcomings of the extension was mostly developed in the later 20th century this development could be set out in more detail and whether it with a variety of single and two storey dwellings that have could have been better designed so that it did preserved or little architectural continuity with the earlier properties enhanced the special character or appearance of the area. nearby. Additionally the cul-de-sac layout of the schemes - the junction of Station Road and Castle Road where there are fails to reflect the strong linear form of development typical 'several buildings of high architectural and historical value' has of the Conservation Area. now been included 'clustered around this prominent convergence' (para 4.49). However, at this junction some relatively recently The more recently constructed properties facing the junction constructed dormer bungalows have also been included, and of Station Road and Castle Road, as well as the more it would be difficult to state that they make any contribution to the modern properties that front Station Avenue, Station Road conservation area, let alone any positive 'visual interaction with the and Castle Road, have been included as they front the street' (para 4.55). street and subsequently have an element of interaction within the wider streetscape. As such unsympathetic alterations or additions to these properties could impact significantly upon the character and appearance of the Conservation Area.

2) Non-residential occupiers of buildings can soon change so should be 2) Noted. Paragraph 4.11 has been amended. mentioned with care. Chirk Surgery mentioned in para 4.11 has already vacated the building.

3) The A5 road has been an important part of the history and development

Page 223 Page 3) Noted. Reference to this has now been included in of Chirk, and it is surprising that there is no mention of the effects that the section 2.0 of the document. opening of the Chirk by-pass and consequent substantial reduction in through traffic, had on the centre of the town.

4) There should be mention of the overlarge and overbearing signage in 4) Agreed. Reference to this has been made in Section 5.0 the forecourt of the listed former National Girls' School (para 4.32), and of the document. similarly with the abundance of insensitive signage on the premises occupied by the adjacent Chirk Car Sales.

5) Highway signage should be reviewed as stated in para 7.9, but the 5) Agreed. Reference to this has been made in Section 5.0 signage outside the entrance to the listed Hand Hotel on Church Street of the document should have special mention for the insensitivity of its design, size and location. Such highway signage should be mentioned in the section 5 Summary of Negative Features.

6) There is reference in para 7.12 to the need to improve shopfronts and 6) Noted. signage. However, particularly within the context of the World Heritage Site and tourism and border location, there should also be mention of the need to incorporate bilingual signage to further highlight the fact that Chirk is in Wales.

7) Para 7.10 refers to the insensitive appearance of macadam finishes, but 7) Noted. Text has been amended to include the additional traditional porous surface finishes also allow surface water to soak into the benefits of using traditional porous materials. ground avoiding excessive run-off, as well as being in sympathy with the area.

8) Section 6.2 refers to Specific Enhancement Opportunities and 8) Noted. The Local Planning Authority can only control reinstatement and introduction of traditional shop frontages. The council is those works that require planning permission and/or also a body responsible for only permitting those shop frontages and advertisement consent. signage that enhance the appearance of the conservation area, in addition to the stated private owners responsibilities.

9) Appendix 1 lists Heritage Assets, but these are only the ones with 9) For clarity the title of the list in Appendix 1 has been specific statutory protection, there are many other buildings and amended to ‘Statutory Designated Heritage Asset’. It is structures in the conservation area with heritage value. agreed that there are many other buildings of heritage value within the Conservation Area and this is identified in both

the text in Sections 3.0 and 4.0 of the Character Assessment as well as in all the sub-area character maps Page 224 Page included in the document. 5. Mike 1) Write in respect of the proposals relating to Station Avenue/Castle Road 1) Inclusion of the land within the Conservation Area does McKenna, section of the extended Conservation Area as the representative of the not prohibit development of the land for residential Kronospan landowner to the fields to the west of Oakcroft House: purposes. Any scheme for development would need to Limited respond to the context of the site and Conservation Area The proposal labours on preserving the open-ness of the area, but this is designation would form one of several planning in conflict with the fact that the land is within the development boundary of considerations that could impact upon the density of Chirk and has in fact repeatedly been designated for residential development should a scheme be presented for development by Wrexham Council in the Local Development Plan. As I consideration. understand it, development of open land further west in the same area has already been permitted, and this adds to the inconsistency of including this The design guidance contained within the Management particular land. Plan advocates high quality design that responds to local character to ensure that any new development or alterations So, the basis for its inclusion in the extended area is not consistent with make a positive contribution to the character and other objectives that you have and should be reconsidered as in our view appearance of the Conservation Area. The design guidance this will severely restrict the continued development of the town of Chirk. does not prohibit higher density developments or affordable housing. If it were to be developed, using the criteria summarised in the outline Design Guidance in the consultation document, then we would be concerned that the focus on traditional proportions in line with existing properties would lead to low density development and in our opinion this would be at odds with the Council and Central Government policies on residential densities and limit the opportunity for including the normal proportion of affordable housing.

Page 225 Page 226 Page 227 Page 228

APPENDIX 5

CHIRK CONSERVATION AREA

DRAFT CHARACTER ASSESSMENT & MANAGEMENT PLAN

September 2014

Chirk 2 Conservation Area Assessment & Management Plan Page 229 CONTENTS

CHARACTER ASSESSMENT

1.0 INTRODUCTION ...... 4

2.0 HISTORY AND DEVELOPMENT ...... 9

3.0 SUMMARY OF SPECIAL CHARACTER ...... 19

4.0 CHARACTER IN DETAIL ...... 23

5.0 SUMMARY OF NEGATIVE FEATURES ...... 44

MANAGEMENT PLAN

6.0 ENHANCEMENT PLAN ...... 46

6.1 GENERAL PROPOSALS FOR PRESERVATION AND ENHANCEMENT 46

7.0 DESIGN GUIDANCE...... 49

8.0 CONSERVATION AREA CONTROLS ...... 52

9.0 SOURCES OF FUNDING ...... 55

APPENDIX 1 ...... 56

APPENDIX 2 ...... 58

CONSERVATION POLICY GUIDANCE ...... 58

APPENDIX 3 ...... 59

GLOSSARY OF TERMS ...... 59

Figure 1 - Chirk Conservation Area……………………………………………….………….7 Figure 2 - Chirk 1871………………………………………………………………...... 11 Figure 3 - Chirk 1899………………………………………………………………...... 14 Figure 4 - Chirk 1911………………………………………………………………...... 17 Figure 5 -Church Street Sub-area Character Map………………………………………..27 Figure 6 -Trevor Road Sub-area Character Map…………………………...…………….30 Figure 7 -Holyhead Road Sub-area Character Map…………………………...…………34 Figure 8 - Station Avenue and Castle Road Sub-area Character Map (North) ……….41 Figure 9 - Station Avenue and Castle Road Sub-area Character Map (South)………..42 Figure 10 - List of Heritage Assets……………………………………………………….…53

Chirk 3 Conservation Area Assessment & Management Plan Page 230

1.0 INTRODUCTION

Conservation Area Designation 1.1 The Listed Buildings and Conservation Areas Act, 1990 defines Conservation Areas as “areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance”. Under planning law local authorities are required to designate Conservation Areas and formulate proposals and policies for their preservation and enhancement.

Chirk Conservation Area 1.2 The Chirk Conservation Area was first designated on 29 th August 1975 and its boundary reviewed and amended in October 1997 and September 2014. This Assessment and Management Plan replaces the Chirk Conservation Area Assessment adopted in January 2002. This document is not an attempt to stifle change, instead it aims to promote and support developments that are in keeping with, or enhance, the character of Chirk Conservation Area which is a vibrant place where people live, work and shop. It must evolve, therefore, to maintain this level of activity and the aim is to strike a balance so that the interests of conservation are given their full weight against the needs for change and development.

1.3 This document is concerned with the reasons for designation and defines the qualities that contribute to the special architectural and historic interest and the character and appearance of Chirk Conservation Area. The omission of any reference to a particular building, feature or space should not be taken to imply that it is of no interest nor that it does not contribute to the general sense of place of the area.

Aims 1.4 The aim of the Conservation Area Assessment and Management Plan is to: • Provide a clear definition of the special architectural and historic interest of Chirk; • Identify ways in which the unique characteristics of Chirk can be preserved and enhanced through the Enhancement Plan; • Strengthen the justification for designation; • Create a clear context for future development both in the Conservation Area and adjacent to the boundary in accordance with conservation policies in the development plan; and • Provide a vehicle for public engagement and awareness raising.

1.5 To achieve the aims set out above the document is divided into two parts: 1. The Character Assessment – the assessment provides a brief historical background to the development of Chirk and describes and analyses the various features that give Chirk Conservation Area its special character and sense of place. The features are recorded on the character maps and their contribution discussed in more detail in Section 4.0. There should be a presumption that all of the features identified should be preserved or enhanced as required by the legislation detailed in paragraph 1.1 above. 2. The Management Plan – the management plan sets out proposals for the enhancement of Chirk Conservation Area and includes detailed design guidance for both new build and alterations to existing properties to ensure new works are carried out in sympathy with the special character of the area Chirk 4 Conservation Area Assessment & Management Plan Page 231 and harmful changes are avoided. The plan also provides a summary of existing planning controls within Chirk Conservation Area and sources of possible funding.

Planning Context 1.6 This document forms Supplementary Planning Guidance and supports Conservation Area policy within the adopted Wrexham Unitary Development Plan 2005 and will support any Conservation Area policies in the emerging Local Development Plan. The document also builds upon national planning policy guidance, in particular Chapter 6 of Planning Policy Wales and Welsh Office Circular 61/96 Planning and the Historic Environment: Historic Buildings and Conservation Areas. As an adopted Council document, Chirk Conservation Area Character Assessment and Management Plan is a point of reference for Officers when exercising planning duties and also a guide for local residents, businesses and developers when considering alterations or new development within or adjacent to Chirk Conservation Area.

Location 1.7 Chirk is situated on the border between Wales and England approximately 9 miles south west of Wrexham town centre and 5 miles north of Oswestry. The village sits within a shallow valley enclosed between the historic estates of Chirk Castle, which overlooks the village to the west, and Brynkinallt hidden to the east by a sloping ridge and dissected from the village by the modern A483 bypass. The Conservation Area focuses on the historic core of the village which is set on a small outcrop above the River Ceiriog and overlooking the picturesque Ceiriog Valley. The Conservation Area boundary encompasses the original medieval settlement around the Church of St Mary and Church Street and extends westwards along Station Avenue and Castle Road to include the Chirk Aqueduct and Viaduct, now part of the inscribed Pontcysyllte Aqueduct and Canal World Heritage Site. The Conservation Area boundary also extends northwards to take in part of Holyhead Road which was altered as part of Thomas Telford’s historic A5 London to Holyhead trunk road.

Landscape Setting 1.8 The village is set within a shallow valley enclosed by hills to the west and a sloping ridge to the east. The western hills, which form part of the Chirk Castle Estate, lie within the extended boundary of the Clywdian Range and Dee Valley Area of Outstanding Natural Beauty, designated in 2011. The national landscape designation, along with features of the WHS, historic parklands, Ceiriog Valley and historic A5 route are highly significant to the area’s cultural heritage and Chirk’s strong sense of place. There are some important views of the AONB and Chirk Castle Parkland from the northern edge of the conservation area and the AONB provides a dramatic backdrop to views on descent into the village along the A5. The Conservation Area forms an important gateway on journeys to and from the protected landscape and the heritage value of landscape and built character compliments each other.

1.9 To the south, the village is bounded by the Ceiriog Valley, where the topography, attractive wooded valley, canal heritage and excellent views along the valley enhance the setting of the village and add to the sense of place. Much of the surrounding countryside consists of ancient irregular field systems, with some regular parliamentary field enclosures mainly in pastoral use, subdivided by hedgerows and occasional hedgerow trees. Major parkland estates

Chirk 5 Conservation Area Assessment & Management Plan Page 232 lie at Chirk and Brynkinalt. Buildings are visually diverse with a mixture of historic and modern buildings extending into the valley. Medieval farmsteads dotted throughout the valley are a characteristic of the area. The village is set on a historically significant communication corridor with canal, rail and road networks visible within the landscape and running on a north south axis. Offa’s Dyke Scheduled Monument follows the grain of the valley on slopes to the west through Chirk castle parkland. Both convey the important borderland location of the area.

1.10 Views of the village and the shallow valley are in places negatively influenced by industrial land use and associated structures, most prominently the factories of Kronospan and Mondelez which affect the rural landscape integrity, intrude within wider views and interrupt the visual links between the village and Chirk Castle. The pattern of mature trees and intact hedgerows within the valley creates a wooded semi-enclosed character which is significant for its integration and screening of much of the industrial area of Kronospan, moderating its effects upon the character of the Conservation Area, the AONB, wider landscape and their appreciation by local residents and visitors.

Geology 1.11 Much of the village and the surrounding area is covered by glacial tills (clays) deposited by retreating glaciers during the last ice age. It is from this that the clayey loam soils of the area are derived. The ridge to the east of the village is formed from coal measures which have historically been exploited and restored coal tips can be found at Chirk Green and Halton. Chirk Castle to the west is set upon an outcrop of carboniferous sandstone and limestone, both of which have been exploited as local building materials historically and remain visible in many buildings and walls.

Archaeology 1.12 Chirk has 12 th Century origins as evidenced through the remains of the earthwork castle set within the grounds of the Mount House above the Ceiriog Valley, and through the south wall of St Marys Church, where a blocked round headed window also suggests a 12 th Century date. It has been suggested that Chirk originated as an English planned settlement with the earthwork castle, church and designed town layout supporting this theory. However it has also been argued that the village established as a nucleated ‘maerdref’ which would have been run by a bailiff for the local Welsh lord. Either theory may be possible given the position of the village on the Welsh English border.

1.13 The inclusion of Chirk within the English Marcher lordships in the 13 th Century led to more established growth with Chirk granted borough status in 1324 with 24 burgage plots laid out along the main street. This number had increased to 32 by 1391 and a weekly market, hall, court room and chapel were also recorded. However the Glyndwr rebellion in the early 15 th Century reportedly devastated the village and there is no recorded evidence of buildings of this era. Growth appears to have been extremely limited after this period, despite the presence and continued occupation of Chirk Castle. The earliest vernacular buildings in the village date back to the 17 th Century evidenced in parts Trevor House on Trevor Road and the row of cottages facing the church along Church Street, also likely to be of similar date though their original construction is disguised by later re-fronting in brick.

Chirk 6 Conservation Area Assessment & Management Plan Page 233 1.14 The majority of buildings within the town originate from the late 18 th Century onwards, with many dating from a small boom in building activity in the early 20 th Century. It is likely however that the buildings along Church Street reflect earlier plot positions and have respected the historic pattern of settlement in the town centre.

Consultation 1.15 Public consultation was undertaken during June, July and August 2014 and involved local residents and businesses, Community Councils, Council members, statutory bodies such as Cadw and a range of organisations and groups with an interest in the historic environment and the local area.

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Figure 1 - Chirk Conservation Area Chirk 8 Conservation Area Assessment & Management Plan

PART I - CHARACTER ASSESSMENT 2.0 HISTORY AND DEVELOPMENT

Early Development 2.1 Chirk is rich in history. Welsh and English lords, medieval battles, influential families, religion and industry, both past and present, have all played important roles in shaping the distinct character of the village and the wider area.

2.2 The village is situated on the eastern edge of the Ceiriog Valley on the Welsh and English border, this geography offering an important strategic military position. Chirk and the surrounding area forms part of the Welsh Marches, historically a highly disputed part of the country. The history in the area can be traced back to the Roman occupation of England and Wales from the 1 st to the 5 th Centuries AD. Two important Roman archaeological sites are located close to the village; a former Vexillation camp located at Western Rhyn to the south east of the village, was used as a base for armies bound for Snowdonia, and there are remains of a Roman Marching Camp to the west of Llanarmon DC approximately 13 miles to the south west of Chirk. The Romans built a series of encampments along the Marches whereby attacks could be mounted against the Welsh if necessary, however their occupation is recorded as having offered relative stability.

2.3 The 8 th Century reputedly saw the kings of Mercia create Wat’s and Offa’s Dykes. The proximity of these ancient defensive boundaries to the village demonstrates both the strategically important position of Chirk as well as the volatility of the area at this time.

Medieval Chirk 2.4 The settlement of Chirk itself originates from the Norman Conquest of the 11 th and 12 th Centuries. Prior to the conquest Chirk was a Welsh held territory forming part of the Kingdom of Powys Fadog. The last Welsh prince to rule the area was Gruffyd ap Madoc Maelor who was also the founder of Valle Crucis Abbey in Llangollen. The Norman Conquest saw the encroachment of Norman lords into the Welsh lands, notably Roger Montgomery, the Earl of Shrewsbury. Following a rebellion by Montgomery’s son, his lands at Whittington, to the south of Chirk, were returned to the Crown and given instead to William Peveral of Dover. Peveral consolidated his position on the Welsh borders building earthen motte and bailey castles at Whittington, Ellesmere and Chirk. The remains of this early castle in Chirk, now a Scheduled Ancient Monument, are set to the south of St Mary’s Church, enclosed within the private garden area of The Mount. The castle was clearly sited to control access into the Ceiriog Valley and likely remained in use until the building of the present Chirk Castle. A recording of buildings taken in 1391 suggests the presence of demesne buildings including a chapel, hall, chamber, grange and barns. The hall and chapel may have been located to the west of the Church on the corner of Church Street and Castle Road at Bryn Eglwys where some surviving masonry in the cellars at Bryn Eglwys supports this theory.

Chirk 9 Conservation Area Assessment & Management Plan Page 236 2.5 Chirk is a reputed, ancient Welsh-dominated religious stronghold. This, plus the location of the earthen motte and bailey castle and the demesne buildings may have been a factor in the siting of the early 12 th Century Church of St Mary. The church, which was originally dedicated to the Welsh saint Tysilio, is constructed of yellow sandstone from the upper coal measures, possibly from outcrops near the current Chirk Castle estate. The original church consisted of a nave and chancel and was extended by the addition of a parallel nave of equal size in 1519. Part of the original 12 th Century structure can be seen to the exterior with residual pilaster buttresses and a round arched door, now blocked behind a later 19 th Century buttress.

2.6 The late 13 th Century was a crucial time in the development of the town. King Edward I, in pursuit of his Welsh Campaigns, confiscated the land previously held by the Welsh Princes and granted them as Chirkland to Roger Mortimer of Wigmore. Roger Mortimer descended from a family of Marcher barons and had been involved in preparing the King’s advances into Gwynedd. Between 1295 and 1310 Mortimer built the new Chirk Castle a mile to the west of the Norman motte, which upon abandonment inevitably fell into decay and ruin. Chirk Castle does not appear to have been placed on a strategic military site, however its original gateway faced westwards towards the Ceiriog Valley so any approaching Welshman would be immediately aware of Chirk’s allegiance to the English crown.

2.7 In the early 14 th Century Edward II succeeded to the throne and Roger Mortimer fell out of royal favour. In 1322 Mortimer and his nephew fought and defeated Hugh le Despenser, a favourite of the king. In response the king had both Mortimer and his nephew imprisoned in the Tower of London where Roger Mortimer subsequently died 4 years later in 1326. His nephew escaped and joined forces with Queen Isabella, the King’s wife, to try and overthrow Edward II from the throne.

2.8 In the absence of the Mortimer family Chirk was given to Edmond Fitzalan, Earl of Arundel. The village was carefully planned after military defences were in place and is believed to have been similar to several other townships under Edwardian control such as Denbigh, Ruthin and Rhuddlan. The village was granted a market charter and in 1324 (or perhaps earlier in 1282), Chirk became a free borough with twenty three burgage plots recorded in 1391. Evidence of this original medieval grid iron street pattern has now largely disappeared probably as a result of natural evolution, the campaign of Owain Glyndwr in the 15 th Century and the later 18 th and 19 th Century development of the town.

2.9 The campaigns of Glyndwr in the early 15 th Century had a devastating impact upon the town and included the decimation of the hall and chapel at Bryn Eglwys. In 1413, Henry IV pardoned the Welsh rebels however as punishment he subjected the Welsh to harsh restrictions and new laws that were prohibitive to the recovery of the village. The area suffered yet further turmoil during the War of the Roses in the mid 15 th Century. Chirk appears to have taken many years to recover from this devastation; in 1530 the travel writer Leland noted only a few houses in Chirk. Certainly from his description

Chirk 10 Conservation Area Assessment & Management Plan Page 237 there seemed little in the way of the once thriving market of Edward I despite the fact the village had been granted a second market charter by Henry VII in 1506.

16 th & 17 th Centuries 2.10 In the late 16 th Century Chirk Castle was purchased by Thomas Myddleton, a Merchant adventurer, in whose lineage it has continued until the present day. Events in the 17 th Century had an influence on both the Castle and the wider landscape of Chirk, most notably the Civil War of 1642-47. Myddleton was a Parliamentarian sympathiser. This sympathy enraged King Charles and he had Chirk Castle seized by Colonel Ellis of Wrexham. Ellis held the Castle for 3 years, during which time King Charles stayed at Chirk Castle for a night. The Castle was eventually surrendered by the Royalist defenders in 1646 and Myddleton was able to return to his home as Governor. However after the Civil War Myddleton became disenchanted with Cromwells rules and subsequently changed allegiance in favour of the Crown. In revenge for swopping allegiance the castle was damaged by brute force when it is reputed the upper part of the towers were demolished.

2.11 In the mid 17 th Century, Sir Thomas Myddleton created Whitehurst Gardens to the north of the village. Whitehurst was built as a pleasure garden for Sir Thomas and for entertaining important guests including Major General James Berry, Duke of Beaufort, the Lord President of Wales and various circuit judges. The gardens included a banqueting house, a summerhouse, an orangery, deer park, fish ponds and a boat house

2.12. Whitehurst gardens eventually fell into decline, and by 1931 became part of the land used for colliery housing for Black Park. The walls, terrace and impressively large mount still survive and the garden is included on Cadw’s register of Historic Parks and Gardens of Special Historic Interest.

Chirk 11 Conservation Area Assessment & Management Plan Page 238 Page 239 Page

Figure 2 – Chirk 1871 – 1887

Chirk 12 Conservation Area Assessment & Management Plan

The Industrial Revolution 2.13 The late 18 th and early 19 th Centuries represent an era of significant technological, economical and social advancements in Britain which became known as the Industrial Revolution. In Chirk the revolution saw the increased exploitation of local minerals in the area including coal, slate, limestone and clay. Iron was already being produced near Chirk at Pont y Blew forge to the east of the village. The forge was established in the early 17 th Century under a consortium of local gentry led by Sir Thomas Myddleton of Chirk Castle. The forge was sold by Myddleton in the early 18 th Century and continued operating until 1870.

2.14 One of the most important developments to occur within Chirk during the Industrial Revolution was the construction of the Ellesmere to Llangollen Canal in the late 18 th and early 19 th Centuries. The canal was developed to improve transport and communication links between the mineral fields of North Wales and the industrial cities of the midlands and further afield. The canal formed part of a national network of inland navigation with over 1,180 miles of inland waterways built between 1790 and 1810.

2.15 The route of the canal through the Welsh uplands was challenging for the Canal’s engineers and required the development of new methods of engineering and construction through a constant exchange of ideas and reviews of previous practices. The dynamic relationship between William Jessop, the prolific master canal-builder and Thomas Telford, the younger engineering genius was very productive and together they devised a solution to carry the canal across the Ceiriog Valley between Chirk Bank and Chirk.

2.16 The foundation stone of the Chirk Aqueduct was laid in June 1796, but just before construction began Telford altered the design of the aqueduct and replaced the iron trough with stone arches. The aqueduct was for a short time the tallest navigable aqueduct ever built and its design was a breakthrough compared with conventional aqueducts through its reduced breadth and lighter foundation loading – essential qualities in an aqueduct of such height. Chirk Aqueduct was opened with complete success in 1801 and is an excellent example of pioneering industrial architecture of simple but pleasing functionality within a beautiful landscape setting.

2.17 Chirk Aqueduct and tunnel now form part of the Pontcysyllte Aqueduct and Canal World Heritage Site which covers 11.5miles of the canal from Gledrid Bridge in England to Horseshoes Falls in Llangollen. The site was inscribed by UNESCO in 2009 in recognition of the outstanding universal value of the site as a masterpiece of late 18 th and early 19 th Century civil engineering in a challenging upland landscape.

2.18 Changes were also occurring in the town during this period and Chirk experienced an element of urbanisation fuelled by an influx of money into the area. By the middle of the 18 th Century the Georgian architectural style had gained influence amongst the local gentry and industrialists replacing the

Chirk 13 Conservation Area Assessment & Management Plan Page 240 vernacular style of building. The Mount, at the head of Church Street is a fine example of early Georgian architecture with its classic symmetrical façade.

2.19 Also of importance to the development of the town was the creation of Thomas Telford’s A5 road which improved travelling from London to Holyhead in the early 19 th Century. The road went through the centre of the town and created business opportunities particularly in the form of hostelries and inns. The Hand Hotel, a grade II listed building, is a good surviving example of one of the early hostelries. The smaller inns and public houses have largely disappeared or have been extensively remodelled concealing their earlier function.

2.20 Further advances in transport and communication came in the mid 19 th Century with the development of the Shrewsbury to Chester railway line. Henry Robertson was the chief engineer on the line and designed Chirk Viaduct to carry the railway across the Ceiriog River and Valley. Robertson recognised the need, not met by the canals, to transport materials to Wrexham and Chester and the viaduct was built deliberately higher than the aqueduct to emphasis the superiority of rail over water. The viaduct, a grade II* listed structure, comprises 16 arches which rise 30metres above the valley and is an important example of early railway engineering. The viaduct has significant group value with the aqueduct and together impressively span the valley.

2.21 The 19 th Century also introduced the Victorian code of moral and social responsibility to the town. This manifested itself in a number of purpose built buildings notably the picturesque Hand Terrace on Holyhead Road and Jebbs Row on Trevor Road. Hand Terrace was commissioned by Charlotte Myddleton-Biddulph of Chirk Castle to provide cottages for estate workers with Jebbs Row, built for workers on the Brynkinallt estate by Richard Jebb, an agent to the Trevor family and the estate. Charlotte Myddleton-Biddulph also commissioned the construction of the former National Girls School in 1843. The architect was Augustus Pugin, co-architect of the Houses of Parliament, who was overseeing alterations to Chirk Castle at the same time.

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Figure 3 – Chirk 1899 – 1900

Chirk 15 Conservation Area Assessment & Management Plan

20 th Century 2.22 Expansion of the town in the late 19 th Century and turn of the 20 th Century was limited. Much of the town and surrounding land was owned by the Chirk Castle Estate which strictly controlled development, particularly to the west along Station Avenue and Castle Road. To the north east of the town, the establishment of Brynkinallt Colliery in the late 19 th Century led to the development of a small community at Chirk Green with rows of small terraced houses constructed close to the colliery for the workers.

2.23 The most significant phases of expansion within the town came in the early 20 th Century when the Chirk Castle Estate sold much of the land and properties in their ownership in the sale of 1911. As a result buildings began to appear along Station Avenue and Castle Road with some fine examples of Edwardian and revival style architecture, their simple restrained detailing now characteristic of this part of the Conservation Area.

2.24 Bryn Coed and Chain Bank on Castle Road, Chirk Council Offices on Holyhead Road and Whitewalls on Station Road are all excellent, early 20 th Century examples of differing revival styles of architecture within the Conservation Area. The Council offices were built in 1902 and are a good example of a neo-Jacobean domestic style public building. Bryn Coed was built in 1912 by Shayler and Ridge for A. Wood, a manager at Brynkinallt Colliery in the Restoration revival style and is notable for its symmetrical composition and detailing. Whitewalls and Chain Bank are of later date and have been designed in a vernacular revival style reminiscent of the Arts and Crafts Movement of the late 19 th Century. Their carefully considered detailing and fenestration make them particularly distinctive within the Conservation Area.

2.25 The later 20 th Century has seen the expansion of Chirk northwards along Holyhead Road with the settlement at Chirk Green expanded and incorporated into the main settlement. Significant numbers of Local Authority housing were erected to the east of the A5 in the mid 20 th Century which more than trebled the size of Chirk. Further expansion northwards continued in the latter half of the 20 th Century with the arrival of both the Kronospan and Mondelez factories. Kronospan was established in the town in 1970 on land previously used for argriculture; the original farmhouse, Maes-gwyn remains on the site and now forms part of the industrial complex. The continued investment and growth in both industries has helped support the town, however the huge height and scale of the factories has unfortunately detracted from the wider landscape setting of Chirk and impacts significantly on the approach into the Conservation Area.

2.26 Residential development also continued in the late 20 th Century with the construction of the Crogen and Offa residential estates. The pattern of new development is distinct being constrained by the sloping ridge to the east and the old A5 to the west which provides a definite boundary between residential and industrial land uses. Little 20 th Century development has occurred within the historic core of the town which has helped preserve the special character of the Conservation Area.

Chirk 16 Conservation Area Assessment & Management Plan Page 243 2.27 The later 20 th Century also saw the re-routing of the A5 to the east of the town following the opening of the A483 bypass. This significantly reduced traffic flow through the centre of Chirk and unfortunately dissected the Brynkinallt estate from the town. Today Chirk is a popular and busy town with the centre providing a variety of goods and services. Whilst the vitality and viability of the town has been threatened in recent years it is hoped that it can continue to build upon the existing tourism economy through its historical associations and proximity to Pontcysyllte Aqueduct and Canal World Heritage Site, as well Chirk Castle and the picturesque Ceiriog Valley.

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Figure 4 – Chirk 1911 - 1912

Chirk 18 Conservation Area Assessment & Management Plan

3.0 SUMMARY OF SPECIAL CHARACTER

3.1 The character of Chirk Conservation Area is diverse with different streets displaying distinctive characteristics. This is a result of a variety of influences including historical development, architectural fashions, ownership and building use. In summary the special character derives principally from the following key features:

Use 3.2 The Conservation Area comprises both commercial and residential uses which have typically respected the earlier historic pattern of land use. Church Street forms the commercial core with the predominant use of buildings being retail. The active frontages to the shops, which line both sides of the street, are inviting for people and create a strong sense of vibrancy. The vibrancy of Church Street is further enhanced through a definite pedestrian focus with well maintained public realm, highway treatments and distinctive street furniture. The commercial and public use continues onto Holyhead Road however the interspersion of domestic properties and the openness of the recreational ground opposite, offers less enclosure and vibrancy to the streetscape.

3.3 Station Avenue, Castle Road and Trevor Road are predominantly residential in their use and as a result typically have a more quiet and peaceful sense of place. This is further enhanced by the narrow widths of the roads and prevalence of trees and greenery. The properties are typically set back from the highway however they still actively respond to the street with principle frontages facing the road. A variety of boundaries, including hedges, brick and stone walling enclose the majority of residential properties and subtly define the public and private space.

Settlement Pattern and Building Line 3.4 A planned, linear form predominates throughout the Conservation Area with Church Street and Holyhead Road running north to south with the other roads radiating outwards on a roughly east to west axis. This planned form is reflective of the historic medieval street pattern of the town with Church Street at the historic core, where the building positions and plots likely predate the buildings that exist today. Here buildings generally sit directly adjacent to the highway creating a strong and active building line. The arrangement of buildings around St Mary’s Precinct is of particular interest giving variety to the centre and creating an informal area of public realm.

3.5 Station Avenue, Trevor Road and Castle Road are less densely settled with a more open and rural character. However the settlement pattern remains planned, particularly along Station Avenue and Castle Road where buildings typically date from the 20 th Century. Here buildings are consistently set back from the highway behind simple boundary treatments and well maintained gardens sustaining a definite building line. Trevor Road has a more organic settlement pattern which is complimented by the openness of the Churchyard and cemetery opposite.

Building Materials 3.6 Both brick and yellow sandstone are common building materials within the Conservation Area. Historically sandstone has been used for the more prestigious

Chirk 19 Conservation Area Assessment & Management Plan Page 246 buildings within the area, such as the Church of St Mary and Chirk Castle, becoming a more frequent building material for small scale domestic properties in the 19 th Century. It’s use is most prevalent along Holyhead Road and Trevor Road with the larger, public buildings such as Chirk Town Council Offices, the former national girls school and the British Legion, as well as the more humble, earlier 19 th Century cottages of Jebbs Row on Trevor Road and Stanton House and the former post office on Holyhead Road, all being of local sandstone construction. Chirk Aqueduct and Viaduct are also of yellow sandstone construction, where this material adds a simple elegance to their functional appearance.

3.7 Warm local red brick is also evident, with The Mount, 2 Church Street, The Hand Hotel and 1 to 3 Castle Road being good examples of 18 th Century brickwork, typically in the Flemish bond style. Later 19 th Century and early 20 th Century brickwork is of smooth, bright Ruabon red or a deeper purple colour. Painted brick and render is also present within the area, and whilst it obscures the original detailing, it offers a contrast to the warm stone and brick and adds some variety to the streetscape. Roofs are generally of slate although some small, red clay tiles also exist within the Conservation Area.

Building Detail 3.8 Generally external detailing and decoration is fairly minimal and understated to the majority of buildings within the area. Instead, facades are given interest through the pattern and type of windows and doors and their position within the elevation. Vertical sliding sash windows in white painted timber, and panelled timber doors with fanlights are common to the architecture of Georgian and Edwardian properties. Mock, half timbering and advanced two storey gables are also common to the Edwardian architecture and Station Avenue and Castle Road display some fine examples of these details. Other typical details include sandstone window sills and heads, segmental and cambered brick arched heads and stone storey bands. Vernacular buildings typically tend to have multi-paned, side hung casement windows and plank and board doors, such as those displayed on Hand Terrace. Windows and doors to the terrace are set within gothic arches, a distinct feature of the buildings and giving the terrace a strong sense of individuality.

3.9 There is of course some exception to the understated detailing, particularly in the larger, bespoke domestic properties such as Chirk Manor and the public buildings of Holyhead Road which is reflective of their function and higher status historically. The detailing displayed to the stone properties is reflective of the revival style of architecture employed and typically features repeating, coped gables with kneelers, mullioned and transomed stone windows and large stone axial and end chimney stacks.

3.10 Porches also feature regularly within the Conservation Area and are of modest scale and typically open, gabled porches no larger than the door head itself.

Topography 3.11 The position of Chirk, located on a flat plain nestled between two ridges, creates a strong sense of enclosure for the village and contributes significantly to views from the Conservation Area and of its outlying landscape setting. The undulating, hills to the west, which form part of the Clywdian Range and Dee Valley

Chirk 20 Conservation Area Assessment & Management Plan Page 247 Area of Outstanding Natural Beauty and host the Chirk Castle estate, are characterised by fields and clusters of trees which form an attractive backdrop. To the south, the village is bounded by the picturesque Ceiriog Valley. The steep and wooded sides of the valley conceal much of the Conservation Area from views from the south with glimpses of the tower of St Mary’s Church, Bryn y Coed and Chirk Manor discernible from Chirk Bank. As the road ascends and winds towards the Conservation Area, excellent views along the Ceiriog Valley are afforded. Here, the scale and beauty of Chirk Aqueduct and Viaduct can be appreciated as they span the valley. The steep topography of the valley creates a definite sense of arrival into the village centre which is further enhanced by the position and scale of the nearby buildings, most notably 1 to 3 Castle Road and Mount House clustering around the junction with Castle Road, Church Street and Trevor Road.

Buildings of Significance 3.12 Chirk Conservation Area contains a high number of listed buildings, the majority of which are concentrated around the historic core of the village at Church Street and Trevor Road. These buildings add significantly to the historic integrity of the Conservation Area and contribute to the distinctiveness of the village. Many of the listed buildings also act as landmark features within the wider landscape and the streetscape, where their design, scale and position often make them focal points within key views. The Hand Hotel and Mount House are good examples of landmark buildings where their prominent position at the head of Station Avenue and Church Street respectively, their 3-storey height and formal symmetry draw attention along principal routes. Also of particular note are the grade II* listed Chirk Aqueduct and Viaduct whose, design, function, scale and setting create a most impressive sense of arrival into the Conservation Area.

3.13 The majority of buildings within the Conservation Area are not listed however their contribution to the character and appearance of the area is also very important. The Edwardian and early 20 th Century buildings which characterise Station Avenue and much of Castle Road are of particular significance, where the consistent detailing and rhythm of the built form create a definite sense of place.

Trees and Open Space 3.14 Trees are prevalent within the Conservation Area adding to the setting of many properties and to the sense of arrival into the village particularly from Chirk Bank to the south where they exaggerate the incline of the road into the village. Additionally the wooded banks of the valley contribute to the Outstanding Universal Value of the World Heritage Site adding to the wider landscape setting and visual qaulity of the grade II* listed Chirk Aqueduct and Viaduct.

3.15 Also of particular importance and high amenity value are the trees along Trevor Road, Station Avenue and on, and surrounding the recreational ground, a significant number of which are protected under Tree Preservation Orders. Here the well maintained trees add to the peaceful sense of place and quality of the area. The lime trees along the north side of Station Avenue are of high significance enhancing the linear street pattern and channelling views towards the Hand Hotel in the east and the railway bridge and approach to Chirk Castle in the west. Additionally these trees, along with those surrounding the recreational ground help

Chirk 21 Conservation Area Assessment & Management Plan Page 248 buffer the negative visual impact of the industrial buildings at the Mondelez and Kronospan factory sites.

3.16 Open space is also a character feature of the quieter areas of Trevor Road, Station Avenue and Castle Road. The most significant area is the recreational ground set between Holyhead Road and Station Avenue. This space provides an important communal area and has a planned feel created through the formal entrance at the junction of Station Avenue and Church Street. The cemetery on Trevor Road is also an important open space adding to the setting of the Church of St Mary and contributing to the more rural and low density character of the street.

Influence of the Chirk Castle and Brynkinallt Estates 3.17 The roads names of Trevor Road and Castle Road suggest at the presence of the estates however their influence upon the development of the town is more subtle. The ownership of much of the town and surrounding land by the two estates, in particular Chirk Castle, meant development and growth was controlled and historically buildings were generally concentrated to Church Street and Trevor Road. Expansion westwards only occurred after the sale of the estate lands in the early 20 th Century which is why many of the properties along Station Avenue and Castle Road are of this era.

3.18 Direct physical evidence of the estates is displayed in Hand Terrace, Trevor Row, Brynkinallt Lodge and the former National Girls School which are all directly attributable to either Chirk Castle or Brynkinallt Hall. Brynkinallt Lodge and Hand Terrace are perhaps the most obvious estate buildings within the Conservation Area, the Lodge, along with the gate-piers and railings clearly defining an important entrance to the Brynkinallt Estate and having an architectural continuity with other Lodge buildings belonging to the estate in Shropshire. Whilst neither estate has a single architectural style for estate buildings or cottages, Hand Terrace can easily be distinguished as estate cottages through their picturesque design, unique within the Conservation Area.

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4.0 CHARACTER IN DETAIL

4.1 The Conservation Area can be subdivided into four distinct character areas as described below:

Church Street 4.2 Church Street is likely the oldest section of the Conservation Area and forms the main shopping and commercial centre to the village. The vibrant use of the centre, development pattern, varying architecture and strong pedestrian focus make this area distinct within the Conservation Area. Buildings vary in age and subsequently character however newer buildings have typically followed original building lines and plot positions with the medieval street pattern pre-dating the majority of the buildings present today. The variety of building types, ages and scales is representative of the historic development of the centre and gives the street an informal appearance however the generally strong, uniform and parallel building lines maintain the sense of enclosure and activity within the streetscape.

4.3 Buildings with strong architectural character such as The Mount, The Hand Hotel and the war memorial occupy important plots enclosing the street at either end, giving a definite sense of arrival into the area and forming important focal points within views. Other buildings within the sub-area are more vernacular in character with some later 20 th Century buildings sympathetically integrated into the historic grain.

4.4 The grade II* listed war memorial marks the northern boundary of the sub area and is centrally set on a traffic island at the junction of Station Avenue and Church Road. The memorial was designed by Eric Gill and commissioned by Howard de Walden, tenant of Chirk Castle in the early 20 th Century. The square obelisk memorial has a simple elegance and is constructed of Portland Stone. The wide junction allows the memorial to take prominence within the village centre where its setting is enhanced by the proximity to the recreational ground and the grade II listed Hand Hotel which sits opposite.

4.5 The Hand Hotel is a fine marker building within the Conservation Area, its prominent position, height and fine Georgian façade drawing attention within views and the streetscape. The development of the grade II listed building can be divided into 3 parts; the earliest section being the smaller, southern block which is of painted brick construction. This part originated in the 17 th Century as a town house of the Chirk Castle Estate. Evidence of former openings are still discernible in the external fabric of the building. The main central block dates from the 18 th Century and its prominent position at the head of Station Avenue appears to be a deliberate attempt of 18 th Century town planning. This section is the most striking in terms of scale and architectural detail and is a good example of a classical, symmetrical façade typical of the Georgian era. The main façade is of three storeys and five bays wide, the central three bays being slightly advanced. Tripartite sash windows are set symmetrically around the central entrance, which has paired timber door with a Tuscan portico carrying a flat topped entablature. The north wing is of 19 th Century date and follows the design of the principle Georgian block over two storeys.

Chirk 23 Conservation Area Assessment & Management Plan Page 250 4.6 Looking southwards along Church Street there is a consistent building line to either side of the street providing enclosure and channelling views towards The Mount, which forms an important terminus to the street. Many of the buildings have lost their chimneys however the range in building heights, from one storey to three storeys, along with the use of dormer windows gives interest and variation to the roofscape.

4.7 Lining the corner of Station Avenue and Church Street is an attractive Edwardian arcade of shops. The building, which houses a variety of commercial uses, is in the Neo-Tudor style with a slightly jettied black and white timber façade to the upper floor and Ruabon brick at the lower level. A series of gables, fluted pilasters and hanging timber signage add further interest to the façade. Tall, corbelled, Ruabon red brick chimney stacks remain to the roof.

4.8 The majority of the buildings lining the west side of Church Street were constructed in the early to mid 20 th Century. Some, like Greystones, a terrace of three shops, were built in place of earlier buildings and have respected the historic pattern of development. Greystones and the adjacent Royston House, a two storey double fronted cottage, continue the Edwardian architecture, with rendered upper storeys and brick and tiled ground floors. Royston House has a simple charm and has retained much of its original character with canted bay windows surrounding a centrally positioned, recessed, arched porch with original sliding sash, timber, windows. The property is set back from the street enclosed behind a low red brick wall surmounted with stone copings and decorative cast iron railings.

4.9 To the rear of Greystones and set perpendicular to Church Street is Queen’s Square, a terrace of four painted render cottages. The buildings originally formed part of the coach house to The Hand Hotel and have subsequently been adapted for residential use. The modest cottages have renewed windows and doors however the traditional slate roof has been retained.

4.10 The Co-op store, HSBC bank and a number of independent stores continue the built frontage and provide activity along Church Street. The buildings, which make an important contribution to the economy and vitality of the town centre, vary in height from two storeys to three storeys with some of the modern shop fronts having some sympathy with the historic character of the area through the use of appropriate materials and smaller panes to the display windows, however there remains much scope for enhancement. Of particular interest is the HSBC bank building and numbers 1 to 4 Church Street. The bank building is of late 19 th /early 20 th Century date and is constructed in the Neo-classical style, typical of many such bank buildings built in this era. It is the only local sandstone building on Church Street. Numbers 1 to 4 Church Street have a high townscape value, which along with the grade II listed 1 to 3 Castle Road, form a continuous built frontage that wraps around the prominent junction of Castle Road and Church Street adding to the sense of arrival into the area from the south. The three storey height adds further prominence to the group however modern windows and unsympathetic shop fronts have weakened their historical and aesthetic value.

4.11The busy junction of Church Street, Castle Road and Trevor Road is a historic convergence point within the village and is flanked by a number of listed

Chirk 24 Conservation Area Assessment & Management Plan Page 251 buildings. Numbers 1 to 3 Castle Road face southwards towards the Ceiriog Valley and have an attractive, red brick, early to mid 19 th Century façade, with 2 and 3 light multi-pane casements windows and small scale, open gable porches. Numbers 1 and 2, formerly Chirk Surgery, have been altered significantly inside to accommodate the former medical use. The grade II listed row comprises both two and three storey buildings with the renewed and unified brickwork frontage concealing the earlier origins of the group; original timber framing can be viewed to both the exterior and interior of number 2. Number 3, Bryn Eglwys completes the row. This three storey building is believed to have been constructed on the site of the Great House destroyed by the uprising in 1402 and may well have been the location of the Saracen’s Head Inn recorded in 1720. The building is set within large grounds and the principal frontage is orientated westwards overlooking the garden. Windows to the principal frontage consist of twelve pane sliding sashes with the main door set under a characteristic gabled porch. To Castle Road the position of earlier openings are still discernible within the brickwork.

4.12 Bryn Coed occupies the opposite site and is set behind a high brick boundary wall within spacious grounds. The garden wall, along with the presence of trees, which over hang the road, the narrow road width and the brick walling at Bryn Egwlys opposite create a strong sense of enclosure to this section of Castle Road. Bryn Coed, a grade II listed building, is a very fine well-proportioned early 20 th Century property. The architecture is in a revival style with a classical symmetrical composition originally comprising a ‘U’ shape plan. The property was built for A. Wood, manager of Brynkinallt Colliery in the early 20 th Century and is constructed of purple Ruabon type brick, with hipped slate roof with tall brick chimney stacks above a timber dentil eaves cornice. Windows are a mixture of twelve, nine and eight paned sliding sash windows with the decorative main entrance contained within the single storey central bay which links to the two outer wings. The trees within the grounds of Bryn Coed are very important to the character of the area, particularly to the south where they add to the setting and sense of arrival into the village.

4.13 Also of interest at the junction is a small milestone which is set against the curved stone wall between Church Street and Castle Road. The grade II listed structure, which although of late 19 th Century date is an important reminder of the engineering feat of Thomas Telford’s A5 road which was constructed in the late 18 th Century.

4.14 The Mount is set at the southern end of Church Street and provides closure to views along the street. This position, height and its elevated setting above the descent southwards towards Chirk Bank make the building particularly prominent and distinct within the Conservation Area. The grade II listed property was built in 1753 and is a handsome Georgian double-pile townhouse of brick construction. The front elevation is of three bays wide with a central main entrance containing a six panelled door with over-light, set under a moulded timber hood supported on shallow brackets. Windows to the frontage are sixteen pane sliding sashes with 6 pane sashes to the attic storey; those to the rear have been renewed and finished with a stain rather than a traditional paint finish. Other detailing includes a moulded string course between first and second floors, end chimney stacks, dated lead hoppers and downpipes and a twenty pane Venetian window to the right hand single storey wing. The building is enclosed behind painted iron

Chirk 25 Conservation Area Assessment & Management Plan Page 252 railings set within a low stone plinth which adds to the setting and status of the house. The building once served as a boy’s school however today it is subdivided into separate apartments.

4.15 Located to the rear of The Mount are the remains of the Norman Motte and Bailey castle, a Scheduled Ancient Monument. The unnatural rise in the ground is visible on the approach from the south and is concealed behind a sandstone wall with small Tudor arched doorway. Some later 20th Century development in area, particularly bungalow development, fail to acknowledgement to the historical significance or character of this site.

4.16 Whilst not included within the Church Street sub-area, the contribution of the grade I listed church to the character, and indeed the name, of Church Street cannot be ignored. The Church of St Mary is perhaps the most important building within the Conservation Area, its position design and height deliberately drawing attention and giving prominence to the building at a time when religion was at the core of everyday life. The church originates form the 12 th Century and its siting would likely have been directly influenced by the location of the nearby Norman Motte and Bailey castle. Originally this positioning would have been particularly dominant within the medieval grid iron street pattern, however Georgian and Victorian town planning have lessened the Church’s overall visual impact. That said, the Church remains prominant on arrival from the south, from the east and from the west where its full size, architectural design and height can be fully appreciated. This is further enhanced by the paved area of public realm surrounding the Lych-gate on Church Street and by the open Churchyard and cemetery along Trevor Road. To the north the medieval castellated tower has an omnipotent presence visible above the roof-scape and a dominant feature within wider views into the Conservation Area.

4.17 To the east side of Church Street, buildings are typically earlier in origin. To the front of St Mary’s Church is 2 Church Street, a large, warm, red brick, two and a half storey late 18 th to early 19 th Century building whose scale compliments that of The Mount and 1 to 4 Church Street directly opposite. The building houses a number of commercial units, including estate agents, florist and bakery. A number of fine Victorian shop fronts remain to the units, that to the Estate Agents being a later insertion, adding to the buildings character and the historic integrity of the area. Windows are multi-pane timber casements set under segmental brick arched heads. Gabled dormers and brick axial stacks add interest to the roof-scape.

4.18 Adjacent is St Mary’s Precinct, an L-shaped row of shops set back from the highway at an angle and partly in front of St Mary’s churchyard. The row comprises a butcher’s, a chemist and a bridal boutique however original shop detailing has been replaced. The juxtaposition of the commercial terrace to the open space in front of the buildings, currently used for informal parking, is important and creates a natural focal point within the town centre against the strong linear building line. The precinct has its own character however the sense of place is weakened by its separation from the street, set behind a stone wall and bus stop. The area could be greatly enhanced through appropriate paving materials, removal of the parking to create a better pedestrian focus to the area and more legible public realm.

Chirk 26 Conservation Area Assessment & Management Plan Page 253 4.19 Steve McArdle butchers shop is of interest within the group and is of painted render construction with a single storey projection set perpendicular to Church Street which houses the main retail area. To the rear is a two-storey building which has the appearance of a farm building with hayloft door. From the Churchyard, the rear of the chemist and bridal shop are particularly visible and better reveal the age and character of the buildings having been subject to less change.

4.20 Lining Church Street between St Mary’s precinct and The Hand Hotel are numbers 1 to 4 St Mary’s Close and 4 to 6 The Courtyard. The buildings form a continuous group and are important to maintaining the built frontage and enclosure of the street. Numbers 1 to 4 St Mary’s Close are a later addition to the original vernacular terrace, replacing the Cross Keys Public House and forming part of the larger St Mary’s close development carried out in the late 20 th Century. The design of the newer terrace is in sympathy with the original vernacular character using matching materials and dormer windows however the use of over-sized bay windows, Upvc window frames and lack of doorways to the Church Street elevation has interrupted the rhythm of the original composition.

4.21 Numbers 4, 5, 5a and 6 The Courtyard are the only remains of an earlier vernacular terrace which once lined Church Street and reputedly originated from the 16 th Century. The buildings are in commercial use, which along with their attractive, simple detailing and open gabled porches create an active frontage to the street. The buildings are of modest scale being one and a half storeys in height with simple gabled dormers with small red clay tiled roofs. The lack of chimneys to the row however is unfortunate and weakens their presence.

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Figure 5 – Church Street Sub-area Character Map

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Trevor Road 4.22 Trevor Road extends eastwards from the junction with Church Street and is bound by the Churchyard and Cemetery to the north and the Ceiriog Valley to the south. Trevor Road was once the point where the historic estate lands of Chirk Castle and Brynkinallt met and intermingled for centuries. The road gains its name from the Trevor Family who occupy Brynkinallt Hall to the east of the village. Evidence of the former associations with the estate and the family remain strong with the grade II listed Chirk Lodge set at the head of the road and marking one of the key entrances to Brynkinallt Hall and park. This sub-area has a more rural, open character than Church Street and the presence of many historic building gives the area greater historic integrity. All buildings other than the Church and Chirk Lodge are set to the southern side of Trevor Road where some are afforded fine views over the Ceiriog Valley. Domestic use predominates with dwellings set back from the road and enclosed behind either sandstone or rendered boundary walling. Trees are particularly prominent within this sub-area, adding to the sense of enclosure along the road and forming an important backdrop to views out of the area, most notably to the east within Brynkinallt Park.

4.23 The Church of St Mary and its substantial churchyard and cemetery define the arrival onto Trevor Road and dominate this sub-area with fine views of the Church afforded from the east. The churchyard, which creates a sense of peace and tranquillity, is enclosed behind stone walling for much of its length along Trevor Road. The enclosure is further enhanced through the prevalence of trees, particularly yew trees, which line the site. There are numerous grade II listed structures within the grounds of the church, including the Lychgate, sundial, Ward Monument and Trevor Mausoleum which have an individual as well as group value and collectively enhance the setting of the grade I listed church.

4.24 To the south of Trevor Road is Richmond Upholsters. The single storey building is set directly adjacent to the road which compliments the enclosure offered by the churchyard walls opposite. The building formerly provided stabling for The Mount and is likely to be near contemporary in age. Significant alteration has been undertaken however and it appears the height has been reduced from two storeys. Bricked up and altered original openings are clearly visible from the roadside and add interest to the façade.

4.25 Stone walling running parallel to Trevor Road demarcates the grounds of Trevor House, the rear elevation of which can be glimpsed above the high boundary wall. This elevation reveals timber framing and suggests the origins of the building are likely 17 th Century. The main frontage of the grade II listed property is orientated southwards to overlook the Ceiriog Valley, designed as part of alterations and enlargements undertaken in 1840 by Richard Jebb, agent to the Brynkinallt Estate. The extensive grounds surrounding the building reinforce the historical high status and contribute to the open character of the area.

4.26 Adjacent is Trevor Row, a group of stone cottages built for workers on the Brynkinallt estate by Richard Jebb, and originally known as Jebb’s row. The buildings are of a modest scale with uncoursed sandstone block walls under slate roofs, with the end wings projecting northwards and southwards under hip slate

Chirk 29 Conservation Area Assessment & Management Plan Page 256 roofs. The cottages have an intimate character; set well back from Trevor Road enclosed behind a sandstone wall with cock and hen copings and central, communal pedestrian access. The juxtaposition between the cottages and the open space in front of them is very important to their character and contributes to the openness of the street. Windows to the cottages have been enlarged and modernised with some of the original gabled open porches also replaced. Two mid-20 th Century semi-detached houses have been built at right angles between Trevor Row and Trevor Road, which has detracted from the original layout.

4.27 Old Vicarage sits prominently within the streetscape, fronting Trevor Road. As its name suggests the building was formerly used as the vicarage and is one of 3 surviving vicarages within the village. The building dates from at least 1724, possibly earlier, and has a painted rendered exterior. The scale of the building is quite substantial for the area, created in part by the attic storey which has hipped dormer windows surmounted with finials. Rendered end stacks and coped gables with kneelers enclose the steeply pitched slate roof. The windows are also distinct with timber transoms and mullions forming a cruciform pattern. To the rear is the current vicarage built in the late 1970’s, its warm brickwork and hipped roof is just visible through the trees.

4.28 Adjacent to the current Vicarage is Chirk Manor. The grade II listed building was built in 1853 as the replacement vicarage to Old Vicarage and has subsequently been used as a nursing home before returning to private residential use. The property has a definite presence and is set within large grounds, set back from Trevor Road and largely obscured from views by mature trees. The large house is of snecked sandstone construction in a simple Tudor Gothic style favoured by the Victorians, with a series of steeply pitched gables, tall axial and end stacks and heavy stone mullion and transom windows. Two modern, two- storey detached houses have been built within the former grounds of Chirk Manor however their spacious plots, abundance of trees, both on and surrounding the sites, soften their design and weaken their presence within wider views.

4.29 Brynkinallt Park lies to the east of Trevor Road, the mature trees within the park creating an impressive backdrop and terminus to views along the Road. Chirk Lodge sits quietly within the park to the north side of the western driveway and is enclosed behind cast iron railings terminated with arrow heads. The railings form the re-entrant to the central cast iron gates which are supported by sandstone gate-piers formed from four clustered shafts capped with a domed point. The lodge, railings and gate-piers, which are all grade II listed, were built between 1813 and 1814 as part of a scheme of extensive remodelling and extension of the main hall and parkland. The lodge is an interesting and well preserved example of an early 19 th Century lodge of gothic influence; the castellated octagonal tower drawing particular attention. The castellation is continued along the parapet of the single storey lodge with decorative inscriptions, emblems and coats of arms relevant to the Trevor family adorning the principle elevations.

Chirk 30 Conservation Area Assessment & Management Plan Page 257 Page 258 Page

Figure 6 – Trevor Road Sub-area Character Map Chirk 31 Conservation Area Assessment & Management Plan

Holyhead Road 4.30 Holyhead Road extends northwards as a continuation of Church Street and is named after its position along the historic coach route to Holyhead. The area has a linear pattern of development with buildings located to the eastern side of the road. There is strong visual cohesion to the sub-area created through the use of local sandstone in both buildings and boundary treatments with the public buildings of the Chirk Town Council offices and the former girls school being particularly good examples. The recreational ground to the west is a focal point within the area where its openness coupled with the regular spacing of the built development opposite creates a pleasing composition. The recreational ground also allows for excellent views out of the Conservation Area towards Chirk Castle where there appears to be an intentional visual connectivity between the Castle and the town.

4.31To the north of the area the street is dominated by Chirk Town Council Offices and the former National Girls School, their strong architectural detailing reflecting their importance as public buildings. The grade II listed Town Council Offices is set close to the road behind a mature hedge boundary. It is built in local yellow sandstone in a Jacobean revival style and is particularly well detailed and intact. The strong symmetrical design to the front elevation creates a sense of rhythm to the façade, and the imposing, central, two-storey ashlar porch, with raised Tuscan columns further adds to the building’s sense of importance. Also of note are the coped gables with square finials, mullion and transom stone windows and the substantial stone stacks and cupola which decorate the roofline. The symmetry of the building’s design is carried through to the boundary with Holyhead Road, with separate accesses set at both the northern and southern ends of the site. Both entrances are marked by matching sandstone gate-piers, constructed in alternating sized sandstone blocks which culminate in large ball finials surmounted on a swept pedestal.

4.32 The former National Girl’s School, now Shannon Sales Carpet and Furniture Store, is set adjacent. The grade II listed building, built in 1834, was designed by the noted architect A.W.N Pugin, who was employed at Chirk Castle at the time, and funded by Charlotte Myddleton-Biddulph at a cost of £450. The design of the building is in the Elizabethan idiom with the coped gables and pointed finials complimenting the architecture and sense of rhythm created by the Town Council Offices. The pronounced stone bell-cote and tall, octagonal stone stacks punctuate the skyline and further add to the building’s prominence.

4.33 Moving towards the town centre, buildings become more modest in scale and linear in form with low, hipped slate roofs, simple architectural design and tighter grouping reflective of their domestic origins. Continuing the built frontage are Beech House and Stanton House, which are set back from and slightly angled towards the road. The buildings likely date from the early to mid 19 th Century and were at some point sub-divided into two cottages, as identified on the early Ordnance Survey maps. Both Beech House and Stanton House are of simple design with three bay, symmetrically planned frontages under hipped slate roofs. Both have been greatly modified with renewed windows, doors and front extensions. The loss of boundary treatments to the properties is also unfortunate as it interrupts the continuity of streetscape and blurs the lines between public

Chirk 32 Conservation Area Assessment & Management Plan Page 259 and private space. However the original vernacular charm of the buildings remains prominent through the use of local sandstone as the main building material and their simple rectangular form.

4.34 Talking Teeth Dentist Surgery and Stevens Lucas Solicitors are set between Stanton House and the junction with Colliery Road completing the row. The two buildings are likely to have early to mid 19 th Century origins and originally comprised two cottages. Talking Teeth Dentist Surgery, formerly used as the Post Office, retains the original sandstone construction however the original pattern of fenestration to both properties has been obscured through the addition of two storey canted bay windows either side of the centrally positioned entrances. Windows to both properties are renewed in timber with sliding sash windows to Stevens Lucas Solicitors and mullion and transom windows to Talking Teeth. The two properties are enclosed behind iron railings with small front gardens softening their appearance.

4.35 To the south of the Colliery Road junction and enclosed behind sandstone walling is Hand Terrace. The grade II listed terrace continues the linear pattern of the development and has a more intimate character created through the proximity of the buildings to the road and small, well kept front gardens. The terrace forms a distinctive feature of the sub-area with their picturesque architectural detail and composition contrasting to the simple vernacular detail on nearby buildings, making them a particularly prominent group on the main route into the town centre. The properties date from around 1820 and form a row of seven estate workers cottages, built by the Chirk Castle Estate for Charlotte Myddleton-Biddulph. The row extends over one and half storeys and is constructed of painted roughcast render under a slate roof with brick axial stacks. The terrace has a symmetrical design with the linear form punctuated by three forward wings each with a canted bay window at ground floor level. The wings are connected by two slated open verandas, under which the entrance to each cottage is contained. Fenestration contributes significantly to the distinct character with windows and doors set within pointed arched openings with moulded frames and multi-light casements.

4.36 Sandstone walling continues to bound Holyhead Road enclosing The British Legion and giving visual continuity to the street. Several fine trees are positioned to the front of the wall enhancing the public realm on the approach into the town centre. The design, materials and massing of The British Legion building, formerly a school, mirror that of the public buildings to the north of the sub-area and collectively enclose the more humble domestic buildings contained between. A large extension to the rear of the building detracts from the original architectural composition.

4.37 Opposite the area is dominated by the recreation ground which was given to the parish of Chirk in 1912 by Lord Howard de Walden, tenant of Chirk Castle. The area has a high communal and aesthetic value providing open space for leisure and allowing fine views westwards towards the Chirk Castle Estate. The prominence of both the Mondelez and Kronospan factories is a significant detraction however the high number of trees surrounding the perimeter does help to soften their general appearance. There are some fine individual trees within the ground itself which further add to its aesthetic value. The main entrance to the recreational ground is located at the corner of Holyhead Road and Station

Chirk 33 Conservation Area Assessment & Management Plan Page 260 Avenue where decorative iron gates, with details celebrating Chirk’s history, are positioned facing an attractive landscaped area with semi-concentric pathways and walling encircling the coronation oak tree with sits at the centre of the area. Set just within the recreational ground is a former stone water pump that formed part of original and early water supply to the town. The system was part of the scheme installed in 1824 to improve the living conditions for the inhabitants of the town by Charlotte Myddleton of Chirk Castle. The pump would have been part of series of similar pumps that originally connected to the town reservoir, the remains of which are located within Reservoir Wood to the north of Lady Margaret’s Caravan Park.

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Figure 7 – Holyhead Road Sub-area Character Map Chirk 35 Conservation Area Assessment & Management Plan

Station Avenue and Castle Road 4.38 This is the largest sub-area within the Conservation Area and forms a U shaped block encompassing Castle Road and Station Avenue which extend westward towards the Ceiriog Valley and Chirk Castle respectively, and which are connected by Station Road which runs parallel with the railway line. The area remained relatively undeveloped, despite the early introduction of the railway and station, until the early 20 th Century when redevelopment and expansion of the town seems to have boomed after the Chirk Castle Estate sold off significant amounts of land and buildings within the village. Subsequently, architectural detail is a strong unifying element in this sub-area with many buildings displaying the distinctive black and white mock timber framing to the upper storeys, popular in Edwardian and revival style architecture of this time. The consistent design features give strong visual cohesion and a sense of unity, particularly along Station Avenue. There is a strong linear settlement pattern to both Station Avenue and Castle Road with buildings typically following an intentional and planned building line, being set back from the highway within spacious plots and behind small, well organised front gardens typically enclosed by mature hedging.

4.39 Trees form an integral and important role to 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 town centre, however regular light and heavy traffic flow to Mondelez, Canal Wood Industrial Estate, Chirk Railway Station, Chirk Castle and Lady Margarets 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.

4.40 The eastern edge of Station Avenue is marked by the attractive Edwardian arcade of shops which wrap around the corner of Station Avenue and Church Street. Their distinct appearance is complimented by Chirk Ambulance Station and Headquarters and the adjacent terrace, which continue the simple Edwardian design and detailing. The Ambulance Station and Headquarters is set back from the road behind a large tarmac car park, this harsh finish softened slightly by the large lime tree set at the edge of the front boundary. The buildings, which are now used as an ambulance station and children’s health centre, were purpose built in the early 20 th Century for use as a drill hall for volunteers and soldiers from Chirk and the surrounding area. The original form has been retained with Drill Masters house to the right and the former drill hall and workshops attached to the left. The buildings have some attractive detailing with large corbelled chimney stacks to the former house and timber floral motif banding and Ruabon red brick detailing replicated across each building giving

Chirk 36 Conservation Area Assessment & Management Plan Page 263 interest to their appearance. The original glass roof to the drill hall also remains intact.

4.41 Set adjacent and closer to the highway is a fine Edwardian terrace built in 1914. The two-storey, Ruabon red brick row comprises five properties designed to a symmetrical plan with the outer properties having two storey canted bay windows set under advanced gables decorated with characteristic mock timber framing. Compton House, the central property is wider and retains an original Edwardian shop front at ground floor to the left, and garage/workshop to the right. Two, original tripartite sash windows are aligned above at first floor with two cat-slide dormer windows in the slate roof completing the simple symmetry of the façade. The majority of the original windows across the row are unaltered, with multi-panes to the upper sashes and a single undivided pane to the lower sashes. Some original doors also remain, those to the outer properties are slightly recessed behind the façade and set under entablature hoods carried on corbelled brackets. To the roof are two large corbelled chimney stacks positioned centrally along the ridge line. To the front, the need for off street parking has resulted in the loss of the original front boundary walls however the original dividing walls between each plot remain and are capped with half round terracotta copings.

4.42 The recreational ground and meadow bound the northern side of Station Avenue and provide an important visual buffer between the village and the industrial buildings at Mondelez and Kronospan. These public areas are enclosed behind thick hedgerow boundaries which have established between and in front of the many trees which dominate the streetscape. Hedgerow boundaries also line the southern edge of the highway enclosing the predominantly single storey, later 20 th Century developments, and softening their appearance within the streetscape.

4.43 The density of buildings decreases significantly as Station Avenue extends westwards, particularly to the south where the substantial grounds and fields surrounding Oakcroft House create a sense of openness and space which strengthen the rural character of the sub-area. Oakcroft House, a large two storey red brick building with red tile roof, sits well back within the site and is accessed by a private drive, enclosed between large lime trees, with attractive black and white painted iron railings, gate-piers and gates fronting Station Avenue. The property was built in the early 20 th Century and displays characteristic black and white mock timber framing to the western elevation and retains some original sliding sash windows. The building was formerly used as a Convent and later as a school; a second school building recorded on the site has since been demolished.

4.44 Directly opposite are Numbers 6 and 7 Station Avenue, an attractive pair of semi-detached two storey houses. The properties were built in 1914 and have a distinctive symmetrical plan with paired advanced, steeply pitched gables to the centre and matching, advanced gables to the side elevations. Small red clay tile roofs, simple black and white mock timber framing to the upper storey and overhanging eaves and deep verges further enhance their appearance. Some windows have been renewed, however the original composition remains unaltered. To each side elevation a small terracotta date stone sits within the gable apex.

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4.45 The architectural cohesion of Station Avenue is further strengthened by numbers 1, 2 and 3 which form part of a small cluster of six dwellings located close to the junction of Station Avenue and Station Road. The properties are more elaborately decorated than their neighbours with their numerous and prominent front gables, jettied upper storey, mock black and white framing, substantial lateral and axial brick stacks, casement windows and low, hipped dormers being fine examples of the revival style common within the area. The row is enclosed behind low timber fencing, the painted picket style to number 1 enhancing the character of the property. The properties are particularly prominent on the approach from Station Road and from the west where they form an important backdrop to views on entering the Conservation Area.

4.46 Adjacent is The Poplars, a two storey property built at the turn of the 20 th Century. The property occupies a prominent position at the head of Station Road and at the entrance to the Chirk Station car park where the simple design, which has similarities with the Arts and Craft styled Ty Ririd located to the south at the junction of Station Road and Castle Road, and mature hedgerow boundary make it a pleasing terminus to views. The non-deciduous trees lining the edge of the car park access further enhance views of The Poplars providing an attractive backdrop and offering important, all-year screening to the industrial buildings to the north.

4.47 Set down from the highway is Chirk Railway Station, from which the road gains its name, with the metal and local sandstone bridge which carries Station Avenue over the railway line and former Glyn Valley Tramway marking the western boundary of the Conservation Area. Just beyond, the Llangollen Canal emerges from Chirk Tunnel where the significant tree cover on the canal embankments contributes significantly to views out of the Conservation Area and to the wider landscape setting. Continuing along Station Avenue out of the village, the road retains the linear form ascending gently and leading to the exquisitely detailed grade I listed Chirk Castle Gates which are positioned at the eastern entrance to the estate.

4.48 Station Road extends southwards running parallel with the railway line to the west. The road has an open and rural character strengthened by the mature hedgerows and trees which bound the road and by the lack of built development. The openness of the area allows for far reaching views; to the north the rolling, grassed and tree covered hills of the Chirk Castle Estate can be glimpsed above the trees lining the railway line and the Llangollen canal; and to the south the Chirk Aqueduct and Viaduct are viewed against the woodland backdrop of Chirk Bank as they cross the picturesque Ceiriog Valley.

4.49 The density of buildings begins to increase on the approach to the junction of Station Road and Castle Road where there are several buildings of high architectural and historical value clustered around this prominent convergence. Whitewalls, Ty Ririd, Chain Bank and Telford Lodge are of particular value due to their positioning, architectural design and integrity, with each retaining elements of their original configuration and materials. Whitewalls, a grade II listed building, sits back from Station Road within large open grounds proportionate to the scale and size of the property. The building was erected in 1924 for the local Edmondson family in a free vernacular revival style, reflective of the earlier Arts

Chirk 38 Conservation Area Assessment & Management Plan Page 265 and Crafts movement. It is the simplicity of the design that gives the property its inherent character and aesthetic value with the white painted brick walls and plain, brown tile hipped and sprocketed roof modestly decorated with tall, ribbed brick chimney stacks with corbelled heads, joined by a recessed panel and the original multi-paned metal casement windows.

4.50 Ty Ririd and Telford Lodge sit astride Castle Road as it enters the Ceiriog Valley. Ty Ririd dates from the late 19 th Century and is bound by the former Glyn Valley Tramway to the west and the Shrewsbury to Chester Railway to the east. The property was constructed in a simple Arts and Crafts style and retains some original elements such as small red, clay tile roof, hanging tiles to the gable apex and open front porch carried on decorative timber posts. There are some significant trees both within the grounds of the property and to the west which obscure much of the property from view but which add to the wider setting of the Conservation Area.

4.51 Telford Lodge, known historically as Min y Waun, is positioned to the south of Castle Road and occupies a commanding position elevated above Chirk Basin and the southern portal to Chirk Tunnel. The property dates from the late 18 th Century and has strong historical associations with the building of the aqueduct and canal and is believed to have been the resident engineer’s house positioned to overlook the major works undertaken at Chirk. The simple symmetrical design of the property is typically Georgian and has definite similarities with Woodbank, a grade II listed property adjacent to the canal in Trevor reputedly used as Thomas Telford’s drawing office. Later alterations such as rendering, renewed windows and doors and numerous extensions have sadly eroded much of the original charm however the low pitched, hipped and slated roof with central, tall, brick chimney stack remain prominent.

4.52 Extending southwards across the Ceiriog Valley are the grade II* listed Chirk Aqueduct and Viaduct. The two structures are individually exceptional pieces of functional yet elegant architecture however collectively they form one of the most significant and striking features of the Conservation Area, their complimentary stone arches rising twenty to thirty metres above the Ceiriog River and effortlessly span the picturesque Ceiriog Valley. The landscape of the Ceiriog Valley is integral to the significance of the structures providing a stunning backdrop against which the scale and strength of the structures can be fully appreciated.

4.53 Chirk Aqueduct was built to the designs of Thomas Telford as part of the extension of the Ellesmere Canal to carry the Llangollen branch of the canal and is recognised as an outstanding industrial monument of canal engineering in Britain, forming one of the key visitor attractions within the Pontcysyllte Aqueduct and Canal World Heritage Site. The railway viaduct was designed by Henry Robertson and built between 1846 to 1848 in recognition of the need to transport materials to Wrexham and Chester; a need which the canal system could not meet. As such the viaduct was built deliberately higher than the aqueduct a representation of the superiority of rail over canal transport.

4.54 Of equal significance is Chirk Tunnel which continues the canal northwards from Chirk Basin at the northern end of the Aqueduct. The grade II* listed tunnel, also designed by Thomas Telford, is four hundred and twenty one metres long,

Chirk 39 Conservation Area Assessment & Management Plan Page 266 built of brick to a semi-circular section and includes a cantilevered tow-path, a recent innovation of tunnel building at the time. The southern entrance to the tunnel tapers out in the form of a parabolic arch of limestone voussoirs rising to a keystone, all of which are set slightly proud of the high rubble-faced curved retaining wall. The wall rises to a flat string course with a low parapet behind which is an important area of public realm with seating and sloping grassed banks on which magnificent views of the structures and the surrounding landscape can be appreciated.

4.55 To the east Castle Road leads back to the centre of the village and is an important route linking the vibrant and attractive village centre with the World Heritage Site. Here hedgerow boundaries continue to be a common feature lining the southern edge of the highway and enclosing many of the residential properties to the northern side, where development is concentrated. The majority of buildings date from the late 20 th and early 21 st Centuries and are generally detached and set back from the highway. The regular spacing between properties as well as the consistent plot size give some rhythm to the streetscape whilst their southward orientation, overlooking the Ceiriog Valley, provides visual interaction with the street.

4.56 To the west of the public footpath leading to the canal is Chain Bank, another early 20 th Century property of Arts and Crafts style. The building, set at the top of the northern slope of the Ceiriog Valley, is of high architectural value to the Conservation Area, retaining much of its original character and having group value with the other Arts and Crafts influenced buildings of Whitewalls, Ty Ririd and Glyn Wylfa. Of particular note are the original leaded windows, elegant bowed window to the western elevation, tall, brick chimney stacks and sprocketed, Westmorland slate roof. The garden of the property, which follows the steep slope of the valley, also contains some fine trees including a copper beech which adds variety of colour to wider views during the summer months.

4.57 Glyn Wylfa is a particularly prominent and important building within this section of the Conservation Area, contributing to the architectural quality of the street through its design and position, and the vibrancy of the area through its use as a café and visitor centre in support of the World Heritage Site. The original building dates from the late 19 th Century and is an excellent Arts and Crafts interpretation of Tudor revival style with mock timber framing to the upper storeys, diapered brickwork at lower level and a variety of stone mullion and transom and cusped leaded windows. A recent extension to the side uses complimentary materials to provide café, visitor and conference facilities. The expanse of tarmac to the front of the building is an unfortunate dominant feature within the site.

4.58 Continuing east there is a strong sense of enclosure to Castle Road created by the trees within Doctors Wood, an area of protected woodland bounding the road to the south, which overhangs the narrow highway and by the mature hedgerow boundaries to many of the properties to the north. The enclosure is further enhanced by the protected trees within the grounds of Bryn Eglwys Fach and those surrounding Bryn Coed, which collectively form a terminus to views along the road. Looking up, the stone tower of St Mary’s Church can be glimpsed within views.

Chirk 40 Conservation Area Assessment & Management Plan Page 267 4.59 Bryn Haul, the Sacred Heart Roman Catholic Church and Woodview are buildings of interest on the approach to the town centre. The buildings date from the earlier half of the 20 th Century with the black and white mock timber framing and the use of the both Ruabon red brick and render to the residential properties, typical of their era and a reflection of the architectural character of Station Avenue.

Chirk 41 Conservation Area Assessment & Management Plan Page 268 Page 269 Page

Figure – 8 Station Avenue & Castle Road Sub-area Character Map (North) Chirk 42 Conservation Area Assessment & Management Plan Page 270 Page

Figure – 9 Station Avenue & Castle Road Sub-area Character Map (South ) Chirk 43 Conservation Area Assessment & Management Plan

5.0 SUMMARY OF NEGATIVE FEATURES

5.1 A number of factors have been identified as causing detriment to the visual quality and character of the area. These include:

Industrial Factories 5.2 Both the Kronospan and Mondelez factories are dominant features within the town and the wider landscape. Their huge height and scale detracts from views both on arrival into the Conservation Area from the north and west particularly, views through the Conservation Area along Station Road, Station Avenue and Holyhead Road, and from the wider landscape with industrial structures, chimneys and smoke plumes crudely interrupting the rural landscape, intruding within wider views and dissecting the visual links between the town and Chirk Castle. The attempts made to screen the sites from near views is positive with grassed bunds, many trees and generally well maintained verges and banks helping to minimise the impact on the streetscape.

Glyn Wylfa, Chirk Ambulance Station and St Mary’s Precinct Car Parks 5.3 The expanse of macadam surfacing to the parking areas creates a harsh and stark appearance and introduces a more urban feel to the predominantly rural and open character of Station Avenue and Castle Road. At Glyn Wylfa the addition of height restriction barriers further detracts from the appearance of the area and the setting of the building.

Loss of Architectural Detail 5.4 Inappropriate and unsympathetic alterations strip away the original historic character and fabric of the buildings and weaken the contribution to the sense of place and appearance of Chirk. The removal of chimney stacks and the replacement of original and traditional windows and doors with modern and inappropriately detailed alternatives such as uPVC as well as the enlargement of original openings to suit contemporary glazing styles is particularly damaging within the Conservation Area.

Insensitive Signage 5.5 The signage within the forecourt of Shannon Sales is overly large and detracts from the setting of the grade II listed building. Additionally the abundance of signage and lack of consistent materials/design at the adjacent Beech House garage detracts from the general appearance of the buildings and the streetscape. Large and insentively positioned Highway signage is also damaging to the character of the area and has in instances, detracted from the setting of several listed buildings within the town.

Alterations to Boundaries 5.6 Boundaries within the Conservation Area have suffered mainly due to the desire to create hardstandings and vehicular access. This has also involved the loss of some hedges and garden areas and has impinged upon the sense of enclosure in some instances. In addition, the use of inappropriate hard cement mortars to repair existing boundaries is accelerating the rate of decay of the original stone and brick work and detracts form their appearance. Modern close boarded and poor quality

Chirk 44 Conservation Area Assessment & Management Plan Page 271 fencing has been used in certain areas and is in contrast to the traditional brick and stone boundaries and natural hedging characteristic of the Conservation Area.

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6.0 ENHANCEMENT PLAN The Local Planning Authority has a duty to formulate proposals for the preservation and enhancement of Chirk Conservation Area. The aim of the following proposals in sections 6.1 and 6.2 is to improve the general visual quality of the Conservation Area and create a more distinctive environment by building upon the area’s architectural and historic character. In addition it is hoped that developing a more attractive environment will help support the existing community, businesses and visitors to Chirk.

6.1 GENERAL ENHANCEMENT OPPORTUNITIES Reinstatement of lost features and preservation Traditional architectural details, local materials and vernacular features are of traditional and original detailing important in creating the special character of the Chirk Conservation Area. The retention, repair and reinstatement of such features is strongly encouraged. Detailed design guidance is provided within Section 7.0 of this document. Archaeology Archaeological mitigation may be required in response to development proposals within the Conservation Area. Early consultation with the Clwyd- Powys Archaeological Trust in relation to any proposed new dwelling or

Page 273 Page extension is encouraged to prevent delay at the application submission stage. Highway Improvements Highway works should be designed in accordance with guidelines as set out in Section 7.0 of this document and should take account of the potential enhancement proposals detailed below. Trees Trees contribute greatly to the character and appearance of the Conservation Area and some of those which are considered to make a significant contribution have been identified on Figures 5 to 8 of this document. Their unnecessary removal or works that may be considered detrimental will be resisted. Where removal is essential then an appropriate replanting scheme will be encouraged to mitigate any detrimental affects on the character and appearance of the Conservation Area. New Development and Alterations It is possible to successfully incorporate new development into a historic settlement but it is essential that the development respects the scale, design, proportions and materials of the surrounding architecture to strengthen the cohesion of the street and enhance the sense of place. It is crucial that an imaginative and high-quality design is employed. Planning applications for alterations and new development may be refused if they fail to preserve or enhance the special character of Chirk Conservation Area. Detailed design guidance is provided within Section 7.0 of this document.

Chirk 46 Conservation Area Assessment & Management Plan 6.2 SPECIFIC ENHANCEMENT OPPORTUNITIES The following have been identified as more specific opportunities for the enhancement of the Conservation Area. The undertaking of these works is dependent upon the availability of funding or grant assistance: ENHANCEMENT PROPOSALS RESPONSIBLE BODY Signage to the World Heritage Site and Chirk Town Centre – the signage scheme outlined WCBC/Canal and River Trust/Chirk in the Pontcysyllte Aqueduct and Canal World Heritage Site Signage and Interpretation Town Council Strategy should be implemented in accordance with the recommendations and the design guidance in Section 7.0. At the same time the opportunity should also be taken to strengthen the connections and pedestrian activity between Chirk Town Centre and the World Heritage Site – information and directional signage guiding visitors to the World Heritage Site should be considered within the public car park to the area of Church Street and on the public realm area to the front of St Mary’s Church. Equally information and directions to guide visitors to Chirk Town Centre, as well as the Ceiriog Valley and Chirk Castle, from the World Heritage Site should be considered. Replacement surface materials to car parks – Where the opportunity arises, the WCBC/Private Ownership replacement of the existing macadam surfacing to Glyn Wylfa, Chirk Ambulance Station and

Page 274 Page St Mary’s Precinct car parks with a material that offers a more sympathetic and softer appearance, such as pavers, setts or bonded gravel should be considered. In addition the replacement of the height restriction barriers to Glyn Wylfa car park with more discreet signage would offer an improvement to the appearance of the area. Improved public realm to St Mary’s Precinct Frontage – the public realm areas of the Private Ownership/Chirk Town town are very well maintained however there is an opportunity for further enhancements with Council/WCBC the creation of additional open space in place of the informal parking area to the front of St Mary’s Precinct. Should the opportunity arise in the future appropriate landscaping and additional seating within the area would enhance the appearance of the principle shopping area and help ease traffic flow within the town centre. Reinstatement and introduction of traditional shop frontages and signage – Where the Private Ownership opportunity arises the reinstatement and introduction of traditionally detailed and proportioned shop frontages and display windows to Church Street should be considered. This will help enhance the appearance of the main retail area by strengthening the historic character and the sense of place within the town.

It is recognised that signage is essential to advertise and sustain the businesses within the town. Any new and replacement signage should be sympathetic to the character of the building and the area and use of traditional materials, proportions and designs should be

Chirk 47 Conservation Area Assessment & Management Plan considered. The implementation of a simplified, consolidated and consistent signage scheme at Beech House Garage would offer an enhancement on the current arrangement. Additionally the use of smaller freestanding signage and/or more traditionally detailed signage at the Shannon Sales would enhance the setting of the grade II listed building. Page 275 Page

Chirk 48 Conservation Area Assessment & Management Plan 7.0 DESIGN GUIDANCE

7.1 The character of the individual buildings, which together form the Conservation Area, derives from a number of factors described above. The following design guidance seeks to enhance that character:

Proportion 7.2 Older building styles follow traditional systems of proportion. In most of the traditional buildings within the Conservation Area, the relationship between windows, doors, floor heights and the relationship of solid to void (brick or stone work to windows/doors) in the design of elevations is crucial. Traditional proportions should be emulated in new development so that the rhythm of the streetscape is respected.

Roofs 7.3 The roof line is nearly always a dominant feature of a building and retention of the original shape, pitch, verge and eaves detail and ornamentation is essential. Heights and shapes of roofs are important; flat roofs are alien to local tradition and are generally unacceptable. In Chirk Welsh slate is the prevalent roofing material and should be used in new developments and additions. Where roofing materials are to be replaced they should match the colour, size and texture of the original. Roofs should be roofed or re-roofed in traditional materials on a like for like basis where historically appropriate. If ventilation of the roof void is required, this should be achieved by inconspicuous means; under eaves ventilation is acceptable, but visible roof vents are not. Chimney-stacks are important features of the roof-scape and should be retained even if no longer required. The inclusion of chimney stacks within new development will be encouraged where appropriate.

External Walls 7.4 Any alteration or repair to external walls must respect the existing building materials and match them in texture, quality and colour. Every effort should be made to retain or re-use historic brickwork and stonework, which should not be rendered, pebble-dashed or painted. Re-pointing should be carried out with a mortar to match the existing in colour, type and texture and historically would have consisted of lime and sand only. Modern hard cement mortar and renders prevent the evaporation of moisture which can accumulate within the wall causing damp internally. When appropriate, hard cement renders should be replaced with a lime alternative. New developments will be expected to take account of the local building materials and detailing when treating elevations. The application of external wall insulation to buildings within the Conservation Area will be resisted.

Rainwater Goods 7.5 Rainwater goods should be repaired if original or reinstated in original or traditional materials. uPVC guttering is not appropriate on Listed Buildings and buildings in Conservation Areas. It is not historically correct, and it does not enhance a building’s character. If properly installed and maintained cast iron guttering can last for a lifetime.

Chirk 49 Conservation Area Assessment & Management Plan Page 276 Windows 7.6 Windows form one of the most significant constructional elements of a building and their style and proportions are essential to the character and appearance of the building and its surroundings. Both vertical sliding sash windows and multi-light casement windows are common throughout the Conservation Area and contribute significantly to its appearance and historic integrity. New or replacement windows should be correctly proportioned, well related to each other and adjoining buildings and should respect existing openings. Any repair or replacement should always try to match the original in terms of materials, design, size and glazing pattern. This includes not only structural elements of the window but in the case of listed buildings the historic glass and original window furniture. Particularly important is the method of opening, the recessed depth within the reveal and the sections of glazing bars. Replacement of historic and traditional timber windows in an uPVC alternative, no matter what the pattern, is generally unacceptable and will be resisted in both existing and new buildings. All windows must have a traditional painted finish rather than a modern stained alternative. Further guidance is available within the Council’s information sheet entitled The Repair and Replacement of Traditional and Historic Windows.

Doors and Porches 7.7 Original door-cases, doors and door furniture are prevalent throughout the area and should be retained wherever possible. Replacements must match the original in proportion, style and materials and should have a painted finish. Simple canopy and recessed porches are a common feature of the Conservation Area. The reinstatement or introduction of external porches should be integrated sympathetically within the streetscape and where their addition is appropriate they should be designed within the overall context and architectural style of the building and in reference to any appropriate nearby styles in the surrounding area. They should not dominate the front elevation. New buildings have greater opportunity to include recessed porches within the initial design however they should again be designed within the overall context and architectural style of the building.

Boundary Treatments 7.8 The removal or alteration of historic brick and stone boundary walls will be resisted. Repair should be carried out using identical materials and in the same style or bond and missing copings replaced to match the existing. The use of a hard cement mortar to re-point joints is unacceptable, increasing the rate of deterioration of sandstone in particular. The use of stone and brick boundaries as well as native hedgerow boundaries will be encouraged in schemes for new developments over close boarded fencing or similar modern treatments.

Highway Works and Surface Finishes 7.9 It is essential to the conservation of the character of Chirk that future highway schemes and works are designed and implemented as sensitively as possible. Any new items such as sign-posts, etc must be carefully integrated within the streetscape and positioned to respect adjacent buildings and the area as a whole. Traditional painted or powder-coated finishes to sign posts and lighting columns will be encouraged over the standard galvanised finish; the current gold

Chirk 50 Conservation Area Assessment & Management Plan Page 277 or black finishes present should be replicated. The number and size of road signs must be kept to a minimum and only illuminated where essential. Redundant or unnecessary street furniture such as signs or poles should be removed and where possible consolidation of signage should be considered to prevent additional street clutter. Backing plates to signage should be grey or black and luminous yellow must be avoided. Where road lines are essential they must be of a restricted width and primrose yellow. Street name plates within the Conservation Area are historically themed with a unifying design and finish which should be retained and replicated on new signage and street furniture – the railings to Church Street demonstrate the success of this approach.

7.10 The overuse of insensitive macadam finishes should be avoided and the opportunity taken to lay traditional materials, where colour, texture and pattern are in sympathy with the character of the area and sensitive to adjacent buildings. Traditional surface finishes can successfully help identify private and public realms as well as offer an alternative to additional road signage.

Micro Energy Generation 7.11 Whilst the use of micro energy generation systems is to be encouraged, careful consideration as to the most appropriate location for such equipment is essential to ensure that the character and appearance of the Conservation Area is preserved. The installation of micro energy equipment will not be supported where they would have a negative visual impact upon the Conservation Area or where the fabric or setting of a Listed Building is detrimentally affected.

Shop-fronts and Signage 7.12 Modern shop windows with large areas of unrelieved glass can be difficult to integrate successfully within a historic street. The retention of original shop-fronts and/or associated features is essential and they should be repaired or replaced on a like for like basis. Replacement or new shop fronts must reflect the vertical proportions of the elevation. Careful consideration as to the incorporation of new signage is essential to ensure that they are sympathetically integrated into the design and composition of the building. New or replacement signs should be discreet and unobtrusive. Display signs will be restricted to fascia level and fascia boards and lettering must be in scale with the building as whole and not obscure traditional elevational features. Corporate styles will be accommodated where possible and where they are sympathetic to the historic character of the area. Hand painted signs or the application of individual lettering will be encouraged above plastic, aluminium or vinyl signs. Discreet external illumination of both fascia and projecting signs is encouraged. Internally illuminated signs must be avoided.

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8.0 CONSERVATION AREA CONTROLS

Special Controls 8.1 In order to protect the special environment, stricter controls exist within Chirk Conservation Area. These are not intended as a hindrance to change, but as positive management to safeguard the character of the area as a whole. These include: • Additional powers of control to dwelling houses for extensions, roof extensions and alterations, cladding, external wall insulation, alterations to chimneys, garages and satellite dish location; • Most works involving total demolition, of either buildings or boundary walls, require Conservation Area Consent. Consent for demolition will not normally be granted until it is known what form redevelopment will take. • Provisions which apply restrictions to the felling and pruning of trees with a stem diameter of 75 mm or above, when measured at 1.5 metres from ground level. Six weeks advance notice is required to be submitted to the Local Planning authority for such tree works within the Conservation Area. Failure to comply is a criminal offence and may result in significant penalties for those involved following a successful prosecution.

8.2 With all proposals for development and the display of advertisements in a Conservation Area, greater care is necessary to ensure that schemes enhance and preserve the area’s special character. Design and choice of materials are of particular importance in this respect.

The Chirk Conservation Area Article 4(2) Directions 8.3 Small-scale and piecemeal change can cause the greatest damage to the character and appearance of a conservation area. The replacement of traditional materials with inappropriate alternatives or the removal of original features may seem to have insignificant effect but it is the cumulative effect of these small alterations that gradually erodes the special character of an area. Such changes are normally not controlled as they are considered ‘Permitted Development’ under the Planning (General Permitted Development) Order 1995.

8.4 In order to protect original and traditional features present on many of the buildings in the Conservation Area an Article 4(2) Direction was introduced in 2002. A second Article 4(2) Direction was introduced in 2014 to cover the domestic buildings included in the amended boundary along Station Avenue, Station Road and Castle Road.

8.5 The Article 4(2) Directions are a legal direction which gives the Local Planning Authority additional controls over alterations to dwelling houses within the Conservation Area. As a result Planning Permission will be required for the following alterations:

• The enlargement of dwelling houses including the erection of structures or laying of hard surfaces within their curtilages; Chirk 52 Conservation Area Assessment & Management Plan Page 279 • Change of materials to external walls of dwelling houses including external doors, windows, window frames, rainwater goods and other external items and painting of those items (other than re-painting in the same colour); • Any other alterations to the fenestration and external doors of dwelling houses; • Any other alterations to the roofs including chimneys of dwelling houses (including provision of rooflights); • Installation of satellite antennae on dwelling houses or within their curtilages; • Alterations to, or the demolition of, boundary walls or other means of enclosure; insofar as the development would front onto a highway, waterway or open space.

Making an Application for Works Controlled under an Article 4(2) Direction 8.6 It is always advisable to discuss your proposals with the Council’s Planning Service prior to submitting an application. In planning alterations to your dwelling every effort should be made to retain original features and materials. Where possible features such as original windows should be repaired and where this is no longer possible should they be replaced and then on a like for like basis only. The re-instatement of lost features is to be encouraged based on accurate historical evidence. The replacement of traditional materials with modern alternatives is unlikely to be acceptable, in particular the replacement of traditional timber windows and doors with a PVCu alternative.

There is no fee for applications required solely as a result of the Article 4(2) Direction.

Listed Buildings 8.7 A Listed Building is a building that is considered to be of ‘special architectural or historic interest’ and as such requires special protection. Once listed, a building is protected under the Planning (Listed Buildings and Conservation Areas) Act 1990. The Listing protects the building both externally and internally irrespective of the reason for listing as well as any object or structure fixed to the building (whether or not mentioned in the listing description). The listing also extends to any object or structure within the ‘curtilage’ of the building, which has existed since before 1 st July 1948. This is to ensure that the special character of both the building and its setting are protected.

8.8 Where works are proposed to a Listed Building, it is always advisable to check with the Council’s Planning Department whether Listed Building Consent is required. In any works proposed, special regard must be given to the desirability of preserving the building, its setting and special features of interest.

8.9 In considering any works to a Listed Building the principle objective must be to retain all original features and fabric of the building wherever possible. Listed Building Consent is required for the demolition of a listed building or for alteration, which would affect the building’s character, integrity or special interest. This could Chirk 53 Conservation Area Assessment & Management Plan Page 280 include changing windows and doors, changing roofing materials, painting brickwork, moving or removing internal walls or plasterwork, fireplaces, floorboards or staircases. Like for like repairs may not need consent but it is always advisable to check prior to undertaking any works as the carrying out of works without the necessary consent is a criminal offence with significant penalties for those involved following a successful prosecution.

World Heritage Site 8.10 The Pontcysyllte Aqueduct and Canal is a Scheduled Ancient Monument and UNESCO World Heritage Site. The Scheduled area comprises the Aqueducts and Canal, its towpath and immediate banks, cuttings and embankments. Scheduled Ancient Monuments are nationally important sites and monuments, which have legal protection. World Heritage status highlights the outstanding international importance of this site as a material consideration to be taken into account by Local Planning Authorities in determining applications which affect their setting and Outstanding Universal Significance. Chirk is situated within the World Heritage Site Buffer Zone which has been drawn to allow historic cultural and landscape elements which contribute to the authenticity and integrity of the World Heritage Site to be conserved.

Commercial Buildings 8.11 Properties in commercial use do not have Permitted Development Rights under the Town and Country Planning (General Permitted Development) Order 1995. Therefore the only works that may be carried out without Planning Permission are works of repair and maintenance and internal alterations, provided the building is not a Listed Building.

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9.0 SOURCES OF FUNDING

9.1 A fundamental principle of all grant schemes is that grant cannot be offered after the work has been started. All grants are discretionary and rates may vary. Early consultation with possible providers is essential.

Cadw: Welsh Historic Monuments 9.2 Cadw is the historic environment division of the Welsh Assembly Government. One element of their activities is to offer grants to owners for the repair or restoration of historic buildings. The key grant scheme summarise as:

• Historic Buildings Grant For the repair and restoration of historic fabric of building’s of ‘outstanding’ architectural or historic interest. Grants are normally paid in instalments or on completion of the work.

9.3 Conditions of the grant may require a specialist to undertake and oversee the works and allow a degree of public access to the property once works are completed. The owner must also ensure that the property is kept in good condition and take out and maintain adequate insurance cover for the property.

9.4 The key focus for Cadw’s grant giving currently is on schemes of repair which support regeneration opportunities and/or help conserve listed buildings which are included on the Council’s Buildings at Risk Register. Applications for grant aid should be submitted between January and April.

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APPENDIX 1 STATUTORY DESIGNATED HERITAGE ASSETS

Listed Building s Grade Bryn Eglwys, 3 Castle Road II Chirk Surgery, 2 Castle Road II 1 Castle Road II Milestone, Castle Road II Bryn Coed, Castle Road II The Mount, Church Street II Chirk Tunnel North portal and Chirk Basin II* Lychgate outside Church of St Mary II Sundial in Churchyard of Church of St Mary II Ward Monument in Churchyard of Church of St Mary II Trevor Mausoleum in Churchyard of Church of St Mary II Trevor House, Trevor Road II Railway Viaduct over Ceiriog River II* Chirk Manor, Trevor Road II Chirk Lodge, Brynkinallt Park II Gates, piers and railings to the west gate at Chirk Lodge, Brynkinallt II Park Hand Hotel, Church Street II War Memorial, Station Avenue/Church Street junction II* Chirk Town Council Offices, Holyhead Road II Chirk Aqueduct II* 1 Holyhead Road II 2 Holyhead Road II 3 Holyhead Road II 4 Holyhead Road II 5 Holyhead Road II 6 Holyhead Road II 7 Holyhead Road II South gate piers to Chirk Town Council Offices, Holyhead Road II North gate piers to Chirk Town Council Offices, Holyhead Road II Chirk Furniture and Carpet Centre and attached dwelling, Holyhead II Road Whitewalls, Station Road II Church of St Mary I

Scheduled Ancient Monuments Pontcysllte Aqueduct and Canal incorporating Chirk aqueduct, basin and tunnel Castell y Waun Motte

World Heritage Sites Pontcysyllte Aqueduct and Canal

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Figure 10 - Heritage Assets in Chirk

Chirk 57 Conservation Area Assessment & Management Plan

APPENDIX 2 CONSERVATION POLICY GUIDANCE

Main Legislation National Policy Guidance Local Policy Town and Country Planning Policy Wales Wrexham Unitary Planning Act 1990 Development Plan in particular policies EC7, EC8, EC9, GDP1 and PS2 (LDP in preparation) Planning (Listed Welsh Office Circular 61/96: Local Planning Buildings and Planning and the Historic Guidance Note Conservation Areas) Environment: Historic 12 – Shopfront Act 1990 Buildings and Design and Conservation Areas Security Ancient Monuments Welsh Office Circular 1/98: Local Planning and Archaeological Planning and the Historic Guidance Note Areas Act 1979 Environment: Directions 30 - Design by the Secretary of State for Wales Technical Advice Note 12: Local Planning Design Guidance Note 33 – Poncysyllte Aqueduct and Canal World Heritage Site

Welsh Office Circular 60/96: Wrexham Planning and the Historic LANDMAP Environment: Archaeology Wrexham County Borough Council Buildings At Risk Strategy 2012 - 2016 Clywdian Range and Dee Valley Area of Outstanding Natural Beauty Management Plan 2009 – 2014 (Revised Plan in preparation)

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APPENDIX 3 GLOSSARY OF TERMS

Advanced Gable A gable that projects forward of the main wall/façade of a building Aqueduct A bridge like structure, usually supported on arches to carry a canal across a valley Architrave Moulded frame of a door window Arts & Crafts A movement in the later 19 th Century which took inspiration from the theories of John Ruskin and William Morris relating to craftsmanship Ashlar Cut stone worked to even faced, used on the front of a building Axial Stack A chimney which is set on the axis between two rooms and equally between the lateral walls Bargeboards A timber piece fitted to the outer edge of a gable, sometimes carved for decorative effect Bay Division of an elevation as defined by regular vertical features such as aches, columns or window etc Bellcote Belfry, usually in the form of a smooth gabled or roofed housing for the bells Bow Window A curved window of one or more storeys projecting from the face of a building at ground level Burgage tenure of land or tenement in a town or city, which originally involved a fixed money rent Buttress Vertical members projecting from a wall to stabilise it or to resist lateral movement Cambered Arch A slight rise or upward curved arch in place of a horizontal line or plane Canopy Projection or hood Canted Bay A projecting semi-octagonal window Cantilever Horizontal projection supported by a downward force behind the fulcrum – without external bracing and appears to be self-supporting Capital Head of crowning feature of a column or pilaster Casement A window where the opening lights are hung on hinges Castellation A form of battlement usually a fortified parapet for defensive and later for decorative purposes Chamfer Surface formed by cutting off a square edge usually at an angle of 45 degrees Classical Term referring to Greek and Roman architecture and styles derived from it subsequently Cock & Hen A toothed type Column An upright structural member of round section with a shaft and capital – common in classical architecture Console Ornamental bracket of compound curved outline Coping The top course of a wall, parapet or chimney Corbel Projecting piece of timber, stone or brick supporting an overhanging structure, such as an arch or balcony Cornice Moulded ledge, projecting along the top of a building. Also a decorative moulding in the angle between a wall and ceiling Cresting Ornamental finish along the top of a screen etc

Chirk 59 Conservation Area Assessment & Management Plan Page 286 Cupola A small dome, on a circular or polygonal base crowning a larger dome, roof or turret Cusp Projecting point defining the foils in gothic tracery, also used as decorative edging to the soffits of gothic arches etc Dentil Small cubic projections under the roof line Diaper Repetitive surface decoration of lozenges or squares either flat or in relief, achieved in brickwork with bricks of two colours Double-pile A house or building that is two rows of rooms thick Dormer Window projecting from the slope of a roof, having a roof of its own and lighting a room within it Eaves The lower, overhanging section of a pitched roof Edwardian Dating from or typical to the period 1901 to 1911 Embattled Furnished with battlements End Stack A chimney projecting through a roof at the end of the building Entablature In classical architecture, the collective name for three horizontal members (architrave, frieze and cornice) carried by a wall or a column Façade The front of a building Fanlights A glazed opening over the door Fenestration The arrangement of windows within a building Fielded Part of a wooden panel which has a raised square of rectangular central area (the field) surrounded by a narrow moulding. Finial A decorative piece to finish off a building element, commonly used on railings and roofs Fluting Series of concave grooves, their common either sharp or blunt – common on columns and pilasters Frieze The middle member of the classical entablature or a horizontal band of ornament Gable Area of wall, often triangular, at the end of a pitched roof Georgian Dating from or typical of the period 1714 to 1820 Gothic Period of medieval architecture characterised by the use of the pointed arch Hipped roof A roof having sloping ends and side that meet at an inclined projecting angle Hood A flat form of porch usually supported on brackets Hoodmould Projecting moulding shown above an arch or lintel to throw off water Hopper Usually a funnel shaped receptacle as part of he rainwater collection system on a building Ionic In classical architecture, one of the orders which each had their own rules for design and proportion Jacobean Dating from of typical of the period 1603 to 1688 Jamb One of the vertical sides of an opening Jetty The projection of an upper storey beyond the storey below Keystone Central stone in an arch or vault Kneeler Horizontal projecting stone at base of each side of a gable on which the inclined coping stones rest Lintel Horizontal beam used as a finishing piece over a door or window Chirk 60 Conservation Area Assessment & Management Plan Page 287 Louvre One of a series of overlapping boards or panes of glass placed in an opening to allow ventilation but to keep out rain Lychgate Roofed wooden gateway at the entrance to a churchyard for the reception of a coffin Maerdref A Royal township run on manorial lines comprising demesne land and a llys or mansion house and a hamlet or hamlets or bond tenants Mediaeval Dating from or typical of the Middle Ages (1042-1485) Modillian Small consoles placed at regular intervals along the underside of a cornice Motte & Bailey Post-Roman and Norman defence system consisting of an earthen mound (motte) topped with a wooden tower within a bailey Mullion A vertical bar dividing a window Multi-pane Lots of individual, usually square panes of glass within a window Oculus Circular opening or window in a wall or vault Ogee Double curve, bending first one way and then the other Oriel Window Form of bay window which does not start on the ground and rests of corbels or brackets Over-light Glazed opening above a door Quatrefoil The four lobes formed by the cusping or circular of other shape in tracery Quoin Dressed stone which are bonded to the corners of buildings Parapet Feature used to conceal a roof and a wall for protection at any sudden drop Pedestal A tall block carrying an order, statue, vase etc Pediment A formalised gable derived from that of a temple Pilaster Flat representation of a classical column in shallow relief against a wall Polychromatic Multi-coloured Pointed Arch A form of arch where the two side meet to a definite point at the centre Porch Covered projecting entrance to a building Portico A porch with the roof, and frequently a pediment, supported by a row of columns Public Realm An area open to/accessible by all members of the public Re-entrant Having inward pointing angles, directing inwards Render The plastering of a surface with plaster, stucco or another finish Revival Style Elements of building design which revert back to/take influence from earlier fashions, styles and practices Ruabon Red Brick A smooth, hard brick characterised by its strong red colour and historically produced in and around Ruabon Segmental A form of arch where bricks rise incrementally to form a shallow arch Sill Structural member consisting of a continuous horizontal timber forming the lowest member of a framework or supporting structure Sash A window which moves on vertical grooves, either with one frame fixed (single hung) or both moving (double hung) Chirk 61 Conservation Area Assessment & Management Plan Page 288 Snecked Stonework Courses of stone frequently broken by smaller stones Stretcher The long face of brick String/storey course Horizontal stone course or moulding projecting from the surface of the wall Stucco A fine lime plaster worked to a smooth finish, finest rendered external finish characteristic of many late 18 th and 19 Century buildings Terracotta Moulded and fired clay ornament or cladding, usually unglazed Tracery Intersecting rib work in the upper part of a window or used decoratively in blank arches or vaults Transom A horizontal bar dividing a window Trefoil A three sided lobe formed by cusping Tripartite Divided into or composed of 3 parts Tudor Dating from or typical of the period 1485 to 1603 Tuscan In classical architecture, one of the orders which each had their own rules for design and proportion Uncoursed Stonework Stones laid in a random pattern Venetian A window with a form derived from an invention by Serlio with central arch enclosed between two straights Veranda Shelter or gallery against a building, its roof supported by thin vertical members Verge The outer margin of a roof Vernacular Based on local and traditional construction methods, materials and decorative styles Vexellation A Roman fortress Viaduct A bridge like structure, usually supported on arches to carry a road or railway across a valley Victorian Dating from or typical of the period 1837-1901 Voussoirs Wedge shaped stones forming an arch Wing A part of a building projecting from the main or central part

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Reference Material Edward Hubbard, 1986: The Buildings of Wales Clwyd (Denbighshire and Flintshire); C. Neville Hurdsman, 2004: A History of the Parish of Chirk; The National Trust, 1983: Chirk Castle; Mahler, 1912: A History of Chirk Castle and Chirkland; Cadw Listing Descriptions; Wrexham County Borough Council & Royal Commission on the Ancient and Historical Monuments of Wales, 2008: Pontcysyllte Aqueduct and Canal World Heriage Site Nomination Document & Management Plan; Cadw, 2011: Conservation Principles for the Sustainable Management of the Historic Environment in Wales; Clwyd Powys Archaeological Trust, 2012: Chirk Historic Settlement Survey Royal Commission on the Ancient Historic Monuments of Wales: National Monuments Record of Wales English Heritage, 2005: Guidance on Conservation Area Appraisals English Heritage, 2005: Guidance on the Management of Conservation Areas

Further Sources of Information on the History of Chirk & Surrounding Area Clwyd County Council, 1989: Telford in the Dee Valley; Council for British Archaeology - Jaime Quartermaine, Barrie Trinder & Rick Turner, 2003: Thomas Telford’s Holyhead Road – The A5 in North Wales; Ron Quenby (Swan Hill Press), 1992: Thomas Telford’s Aqueducts on the Shropshire Union Canal; Old Photographs of Chirk - http://www.chirk.org.uk/ History of the Llangollen Canal – http://www.plaskynastoncanalgroup.org

Useful Contacts The Institute of Historic Building Conservation - www.ihbc.org.uk Cadw: Welsh Historic Monuments – www.cadw.wales.gov.uk The Royal Institute of British Architects – www.riba.org The Society for the Protection of Ancient Buildings – www.spab.org.uk The Royal Institution of Chartered Surveyors – www.rics.org.uk The Georgian Group – www.georgiangroup.org.uk The Victorian Society – www.victorian-society.org.uk The Twentieth Century Society – www.c20society.org.uk Clwyd Powys Archaeological Trust – www.cpat.org.uk Royal Town Planning Institute (RTPI) – www.rtpi.org.uk Royal Commission for the Ancient and Historical Monuments of Wales www.rcahmw.gov.uk

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Agenda Item 6

REPORT TO: Planning Committee

REPORT NO. HCWD/26/14

DATE: 1 September 2014

REPORTING OFFICER: Head of Community Wellbeing and Development

CONTACT OFFICER: David Williams (Ext 8775)

SUBJECT: Handling of Planning Applications - Quarterly Statistics

WARD: N/A

PURPOSE OF THE REPORT

To advise Members of the applications determined in the months April – June 2014 including a breakdown by application type and speed of decision.

RECOMMENDATION

The report be noted.

BACKGROUND PAPERS

None.

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