Item 4

REPORT TO: Planning Committee

REPORT NO. HEP/11/16

DATE: 3 May 2016

REPORTING OFFICER: Head of Environment and Planning

CONTACT OFFICER: David Williams (Ext 8775)

SUBJECT: Development Control Applications

WARD: N/A

PURPOSE OF THE REPORT

To determine the listed planning applications.

INFORMATION

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

RECOMMENDATION

See attached reports.

BACKGROUND PAPERS

None.

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Community Code No Applicant Recommendation Pages RUA P/2014 /0342 LOXLEY HOMES GRANT 9 – 24 MR STEVE DOBIE

WRO P/2015 /0580 LANGLEY ESTATES GRANT 25 – 32 MR NORMAN FEARN GWE P/2015 /0790 GOWER HOMES LTD GRANT 33 – 53 MR MICHAEL FORGRAVE WRO P/2015 /0890 BRIDGEMERE LAND GRANT 54 – 71 PLC & MACBRYDE HOMES LTD ISY P/2016 /0004 MR STEWART GRANT 72 – 81 RAWSON COE P/2016 /0097 MR NEIL MATTHEWS GRANT 82 – 85

WRA P/2016 /0196 MR MAREK GRANT 86 – 90 ZUKOWSKI CHI P/2016 /0219 KRONOSPAN LTD GRANT 91 – 98

WRO P/2016 /0229 MR & MRS LEE GRANT 99 – 103 JONES

BRY P/2016 /0264 MR NICK WOOLLEY GRANT 104 – 113

BRO P/2016 /0279 MR & MRS ALEC GRANT 114 - 119 STEPHENSON

Total Number of Applications Included in Report - 11

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0342 WALLED GARDEN, WYNNSTAY 14/05/2014 HALL ESTATE, RUABON, WREXHAM LL14 6LD COMMUNITY: CASE OFFICER: Ruabon DESCRIPTION: MP ERECTION OF 7 DWELLINGS - PROPOSED AMENDMENT TO A WARD: PART IMPLEMENTED APPROVED AGENT NAME: Penycae & Ruabon RESERVED MATTERS MR OLIVER COTTON South APPLICATION DATED 4 DECEMBER HULME UPRIGHT 2006 REF RUA P/2005/0432.

APPLICANT(S) NAME: MR STEVE DOBIE LOXLEY HOMES

______P/2014/0342 THE SITE

Application site

PROPOSAL

As above.

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HISTORY

P/2000/0813 Outline application for the recreation/re-introduction of original kitchen garden, link garden and associated garden structures and erection of 8 No. dwelling houses (as enabling development to finance repair work to historic environment). Granted 8.11.2004 P/2005/0432 Recreation/re-introduction of kitchen garden, link garden and associated garden structures and erection of 8 no. dwelling houses (as enabling development to finance repair work to historic environment). Reserved matters approved 4.12.2006 P/2014/0241 Proposed amendment to a part implemented approved reserved matters application dated 4 December 2006 ref RUA P/2005/0432. The amendment is to reduce the size of units 1 and 2 as well as incorporate garden rooms in accordance with the information submitted. Withdrawn.

DEVELOMENT PLAN

Outside of settlement limit, within Special Landscape Area. The site adjoins several listed buildings and is within a Grade I historic park and garden. Policies PS2, PS4, GDP1, GDP2, EC5, EC9, EC11, CLF6, H5, T8 and T9 of UDP are applicable

CONSULTATIONS

Community Council: Consulted 15.5.14. Consulted regarding the submission of amended plans 26.8.2014 Local Member: Notified 15.5.14. Notified regarding the submission of amended plans 26.8.2014 Highways: No recommendations on highways grounds. Public Protection: Consulted 15.5.14 NRW: No objection. NRW have records of great crested newts (GCN) within approximately 50m of the site, and it is possible that GCNs may cross/use the development site. To ensure that the development has no detrimental impact on the favourable conservation status of the GCN population, we request that a Reasonable Avoidance Measures Strategy (RAMS) is agreed to the satisfaction of the local authority prior to the commencement of any further development on site. Welsh Water: Consulted 15.5.14 Ramblers Association: Consulted 15.5.14 Cadw: Have made the following comments:

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- We understand that the applicant has been working with the Council to reduce the impact of the revised scheme on the setting of the grade I registered park and garden and we note that the overall footprint and height of the dwellings has been reduced, and the reduced ornamentation simplifies the design. We consider that these elements, together with the removal of vehicles and domestic clutter from view, improves the revised scheme; - However, we remain of the view that the proposed dwellings are still large units with a rather ‘suburban’ feel. It is likely they would sit more sympathetically within the historic setting and hierarchy of estate architecture if the design had more of an estate cottage appearance. We note that the consented application (P/2005/0432) appears to be largely single or one and a half storey units and we would like to know the extent to which this approach has been considered in the development of the revised application as lower units may sit more sympathetically in the historic walled garden setting; - If the Council is minded to grant consent for the revised scheme, we consider it would be important to ensure that individual buildings remain as designed and that inappropriate additions and alterations are firmly controlled. We therefore suggest that, if possible, the council consider the removal of permitted development rights for any future development of any consented dwellings. Welsh Historic Gardens Trust: Strongly object for the following reasons: - The International CAPABILITY BROWN Tercentenary Festival in 2016, CB300, will raise awareness of the value of the work of Capability Brown and the need for its proper protection and conservation; - WHGT continue to have strong objections to the inappropriate amended scheme for this unsympathetic new build

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which fails to enhance the historic environment; - WHGT Clwyd committee have met and considered this revised scheme which was also discussed with experts at a WHGT national planning seminar. Whilst the revised footprint is now smaller than the earlier design, the new scheme is considered far too suburban for such a special site. WHGT are of the opinion that the previous design with its glassy conservatory style was more appropriate to this walled garden environment; - It remains inexplicable that the first scheme gained planning consent given all the flaws that are accurately detailed in Steve Dobie’s letter of Jan 20 2016: the failure to address parking and waste management, over fenestration and ornamentation, adverse impacts on neighbouring Rose Cottage and Georgian House and no link or coherent relationship to the Pleasure Ground; - The revised plan in this application lacks any elegance or symmetry. The particularly poor landscaping and siting of the garages is a concern. Garages for units 1, 6 and 7 and the store by unit 6 are scattered and visually exposed as they protrude into the garden. They fail to be properly integrated into the scheme; - Capability Brown took down buildings which were ugly, in the wrong place or interrupted the view. Landscaping and design next to the work of Brown and Wyatt needs to have a finesse and elegance; - The revised elevations are too solid and lack symmetry, both individually and as an overall scheme. The revised plan shows typical suburban two storey modular building units rather than a more classical and elegant integrated and centralised design; - Wynnstay is the only notable Capability Brown site in North Wales and very probably the only Grade I site in the world where any development is being considered in a Brown walled garden;

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- The original outdated enabling development, RUA P/2000/089, was tied to a 106 Agreement. According to the fourth schedule: the gardens shall be fully restored in accordance with a detailed scheme prior to the first occupation of any of the buildings; - In 2012 on a site visit WHGT members saw that Unit 8, Watkin Manor, the first completed residence of this development was occupied whilst the planting and the landscaping of the garden remain unfinished. Although the restoration of the North fruit wall, part of the enabling development, has been praised, the Loxley restoration of the chapel / former orangery and construction of Unit 8 is not satisfactory; - In the construction of Unit 8 an original eighteenth century compartment wall within the Grade I walled garden was destroyed, thus harming the very heritage the enabling scheme was meant to save. The prefab replacement wall falls far short of what would normally be considered an acceptable restoration in a Grade I site and this too has degraded the landscape; - Underground garaging and waste management is the only reasonable solution for any development on this site. This would solve both these major problems, provide for visitors and allow for a high standard of architecture with better spacing and landscaping appropriate to a garden landscaped by Britain’s foremost 18th century garden designer. There is already a tunnel at Wynnstay built to hide what was considered unsightly in the past so there is a precedent for going underground to hide what is unsightly today. Extraneous garden walls are an inadequate and inappropriate solution to dustbin management on this nationally important site; - The proposed individual suburban gardens do not sit well in this landscape. This development should have a well maintained and restored walled garden

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with appropriate planting in common. The new pathway between a house and garage adds to the awkward lack of symmetry of the entire scheme; - The submitted revised details of boundary treatment and the elevations are not remotely like the 1772 Georgian Blackburn House, West Lothian, the selected historical precedent for the Wynnstay walled garden development in the Design Statement. Blackburn House is an inappropriate example as this is not garden architecture. The simple elegance and symmetry of the Blackburn House with generous spacing between the linked central block and its pavilions is not evident in the proposed layout or in the elevations. No elevation in the submitted scheme recalls any known Brown designed building; - The revised scheme fails to take account of the ‘sense of place’ and the heritage value of the walled garden setting of this historic landscape; - We consider this proposal is in conflict with National Planning Framework section 7 (Requiring Good Design), Section 12 (Conserving and Enhancing the Historic Environment) and also Planning Policy Wales chapter 6.5.25 which states that register sites are ‘a material consideration’ when determining a planning application; - An enabling development is intended to enhance and contribute to the Grade I landscape. WHGT consider that this planning application fails to do that. Instead, this development will have a detrimental impact on the garden, and on the significance of this Grade I site. Garden Historical Society: Consulted 15.5.14. Consulted regarding the submission of amended plans 26.8.2014 Historic Gardens Wales: Consulted 15.5.14. Consulted regarding the submission of amended plans 26.8.2014 Flintshire Historical Society: Consulted 15.5.14. Consulted regarding the submission of amended plans 26.8.2014 Denbighshire Historical Society: Consulted 15.5.14. Consulted regarding the submission of amended plans 26.8.2014 Site Notice: Expired 11.6.14 Press Notice: Expired 13.6.14

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Neighbours: The owners/occupiers of 9 nearby dwellings notified initially on 21.5.14, regarding the submission of amended plans 26.8.15 and regarding an amended description of development on 12.4.16. 6 representations received expressing the following concerns: - Access; - Height of the dwellings – single storey/dormer properties being replaced by two storey houses; - Loss of flow between existing Capability Brown Gardens and walled kitchen garden; - Created a barrier between and existing dwelling and rest of the estate; - Overlooking; - Garage block will make us feel blocked in; - Thought the position of buildings could not be moved due to the listed nature of the estate; - Closer than dwellings previously proposed; - Negative impact upon existing view; - Introduction of modern standardised properties to the Estate; - Removal of listed wall; - No line of sight when driving along the road passed Rose Cottage – cases will be making 3 point turns in the road on a blind bend in order to enter plot 1 – this would be a danger; - Parts of the previous planning application has been built – Wyn Manor, and changing the plans would compromise the character of the site; - The previous planning was for a more diverse scheme that reflects the historical importance of the site whilst capturing the modern way of living. It allowed for a more diverse population on the site rather than being large executive homes; - Plain style of dwellings; - The planning application to include six parking spaces behind large gates detracts from the grade one listed garden, detracts from the tranquil nature and national significance of the land; - Adequacy of parking provision;

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- Entrance to plot 6 walled garden may result in residents parking outside out main gate.

SPECIAL CONSIDERATIONS

Background: Outline planning permission was granted in 2004 for an enabling development of 8 dwellings to facilitate the recreation/re-introduction of the walled Kitchen garden, Link garden and associated garden structures within the Grade I registered Park and Garden of Wynnstay Hall Estate. Reserved matters approval for the 8 dwellings was subsequently given in 2006. One of the dwellings has been erected thus securing the planning permission in perpetuity.

Policy: The site lies in open countryside and the proposals do not accord with any of the circumstances permitting small scale residential development on sites outside of settlement limits set out in policy H5. However as the site benefits from a part implemented planning permission the principle of development is already established. The applicants have confirmed that if this application is unsuccessful they would pursue the previously approved scheme and as such this represents a credible fall-back position. I am therefore limited to considering the merits of the current proposals in terms of design and amenity.

Design: The layout of the development is broadly similar to the extant permission. The development will be immediately to the south of the Wynnstay Hall Kitchen garden and will enclose the Link Garden on 3 sides. The key difference between the extant permission and the development now proposed is the design of the house types.

The previously approved plans made provision for a 4 x one and a half storey and a terrace of 3 x two storey dwellings. The dwellings now proposed are all two storey. Despite some of the dwellings now proposed dwellings being two- storey rather than one and a half, the development will not have a materially different or greater impact upon the Special Landscape Area.

A comparison of the previously elevations (top on each plan) and those now proposed (bottom on each plan) are included below:

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The proposed development presents a number of benefits over the extant scheme, notably:

i) A reduction in the overall footprint of the development; ii) Reduced massing by the substitution of a terrace of 3 x 2 storey dwellings for 3 x 2 storey detached dwellings; iii) A far simpler external appearance that, unlike the dwellings previously approved, is more consistent with the appearance of existing buildings within the estate notably Rose Cottage and Georgian House immediately to the west; iv) The enclosure of private garden and parking areas with high quality boundary walls that will limit views of parked vehicles and domestic paraphernalia from within the Kitchen Garden; v) A formal footpath link between the Kitchen Garden and Link gardens that ensures views between both will be possible as well as allowing for easy pedestrian access. The link will also allow existing and future occupiers to walk between the Kitchen Garden and Link Garden in order to access footpath routes within the wider estate.

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Whilst noting the comments made by Cadw and the objections of the Welsh Historic Gardens Trust (WHGT), I do not agree that the proposed dwellings are suburban in appearance. As noted above their external appearance seeks to emulate existing buildings within the estate. The general layout and form of the development also broadly replicates the relatively compact layout of existing buildings within the estate.

The proposed garages are not, as the WHGT suggest, scattered and exposed and do not protrude into the garden. They are all located within the curtilages of individual dwellings and enclosed behind both existing and proposed boundary walls. It would be unreasonable to require the provision of underground parking and bin storage. Not only was this not a requirement of the previous planning permission, it would require significant engineering works that in all likelihood would make the development unviable.

The principle elevations are, with the exception of one of the dwellings, symmetrical and whilst the layout of the development is not symmetrical it provides a more balanced built frontage than the extant scheme.

In light of the above I am satisfied that the development represents a significant improvement over the previously approved scheme.

I noting the comments made by an objector regarding the removal of a section of boundary wall. The submitted plans do appear to indicate that a small section of the wall enclosing the western boundary development will require alteration/removal as part of the development. Part of this section of wall is currently in a poor condition and requires some repair work in any case. The removal of a short section in conjunction with the development is not a matter of concern in this instance provided the repair works to the retained section are carried out to a high standard. However the wall is a curtilage listed structure so the granting of permission for the proposed development cannot, by itself, authorise works to the wall. Any works to the wall will need to be subject to a separate application for listed building consent.

Enabling Development: As noted above the original planning permission was granted to facilitate the recreation of the Kitchen Garden and Link Garden. Whilst some works have been completed, the recreation of the Link Garden has yet to be take place but is an integral part of this development – the proposed works include the provision of a new fountain as well as pathways. Some trees previously planted within the walled Kitchen Garden have died and will require replacement.

To ensure the completion of the works to recreate the Kitchen Garden and Link Garden are secured by this development, a condition will be imposed to require an updated scheme to be submitted detailing all works already completed and providing full details of the remaining works that need to be implemented. The condition will require the remaining works to be implemented before any dwelling is occupied. A soft landing scheme will also be required by condition.

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The previous planning permission was subject to a Planning Obligation to secure the full implementation of the restoration of the Kitchen Garden, its long term management/maintenance as well as public access to the Kitchen Garden (referred to as the Walled Garden in the Obligation). A planning obligation to confirm that the current development is subject to those requirements as well as to secure the long term management of the Link garden will be required.

Amenity: Two plots closest to the western boundary of the site will be 16 metres from two existing dwellings – Rose Cottage and Georgian House, although they will be built on ground that is slightly lower. Under the extant scheme dwellings could be built within 11 and 12 metres of those properties respectively. Those dwellings were however one and a half stories high instead of two-storey.

Whilst the separation distance is less than LPG21 advises it is far enough to ensure the proposals it is sufficient to ensure the development will not harm the amenity of the occupiers of those dwellings by way of loss of light or by being visually overbearing.

One of the proposed dwellings will have west facing windows at both ground and first floor level, however, its position relative to the existing dwellings will help to limit direct overlooking. Furthermore the elevations of the existing dwellings facing the site are already overlooked from public vantage points to some extent as well as from a communal footpath that passes directly in front of them. The degree of additional overlooking will not, in my opinion, significantly reduce the standard of privacy afforded to the occupiers of existing dwellings in this instance.

The dwellings will be in excess of 30 metres away from other dwellings that the development. The eastern most plots will also be 14 metres and 24 metres from the boundaries of Wynn Manor and Browns Temple Dairy respectively. I am satisfied the dwellings these are sufficient distances to ensure the development will not unacceptably impact upon the amenity afforded to existing occupiers by way of loss of light, privacy or by being visually overbearing. The garages of proposed dwellings that share boundaries with existing properties are also far enough away to ensure they do not unacceptable impact upon the amenity afforded to existing occupiers by way of loss of light or by being overbearing.

The layout of the development will provides for far more private amenity space for each dwelling than the previous approvals and therefore will afford future occupiers a higher standard of amenity.

Access and Parking: The site will be accessed via the driveway connected the Wynnstay Hall Estate to the A539 Ruabon-Overton Road and then via the internal roads within the estate. The development is unlikely to generate more traffic than the extant permission.

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Whilst noting the comments about the safety of the access to Plot 1, traffic within this part of the estate will be low and will be travelling at low speed. I am therefore satisfied that the proposals will pose a significant risk to existing occupiers.

All dwellings will have driveways and parking areas of sufficient size to provide parking areas that accord with LPG16.

An objector has expressed concern about potential for vehicles to park in front of the access to their property. None of the proposed driveways/parking areas for the dwellings will block accesses to existing dwellings. If future occupiers do park in a manner that restricts access to other properties this will be a private matter and is outside of the scope of planning control.

Ecology: In accordance with the advice given by NRW the implementation of a scheme of Reasonable Avoidance Measures will be required by condition. This will ensure that the development has no detrimental impact on the favourable conservation status of the GCN population in the locality.

Permitted Development Rights: Welsh Government Circular 016/2014 advises that other than in exceptional cases conditions should not be imposed to restrict permitted development rights.

In this particular case the proposed development represents an exception to the otherwise strict controls that are imposed on development in the countryside. Furthermore the proposals have been designed to take account of the sensitive and historic surroundings the site is located within. In my opinion it is important to control future development to ensure that it does not detract from the appearance of individual dwellings, the development as a whole and the wider Wynnstay Estate. As such this is a case where the general presumption against restricting permitted development rights should not apply.

CONCLUSION

The development represents an improvement over the extant planning permission in terms of the scale and design of the dwelling and will facilitate the completion of works to recreate the Kitchen and Link Gardens. The development will not have a materially greater impact upon the wider Special Landscape Area than the extant permission and will not have an unacceptable impact upon the standard of amenity afforded to the occupiers of neighbouring properties.

RECOMMENDATION A

That the Council enters into an Obligation under Section 106 of the Town and Country Planning Act 1990 to secure:

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(i) That the provisions of the Third Schedule of the Planning Obligation pursuant to planning permission P/2000/0813 are applicable in full to the current development; (ii) the long term management and maintenance of the Kitchen Garden and Link Garden

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

RECOMMENDATION B

Upon completion of the Planning Obligation that permission be Granted subject to the following conditions:

RECOMMENDATION C

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

1. No provision is made to secure the completion of the re-introduction of the Kitchen Garden and the long term maintenance of the Link Garden. In the absence of these provisions the development fails to secure the enhancement of a Grade I Registered Park and Garden and is contrary to policies PS1 and H5 of the Wrexham Unitary Development Plan.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall be carried out in strict accordance with the following approved drawings: i) AL[0]00: Landscape Plan ii) AL[0]01: Proposed Site Plan iii) AL[0]02: Sectional Elevations A-E iv) AL[0]02: Sectional Elevations F-H v) AL[0]03: Plot 1 Floor Plans vi) AL[0]04: Plot 2 Floor Plans vii) AL[0]05: Plot 3 Floor Plans viii) AL[0]06: Plot 4 Floor Plans ix) AL[0]07: Plot 5 Floor Plans x) AL[0]08: Plot 6 Floor Plans xi) AL[0]09: Plot 7 Floor Plans xii) AL[0]11: Detail Sample xiii) AL[0]13: Detail of Gable Eaves xiv) AL[0]14: Details xv) AL[0]14: Garage Door Details xvi) AL[0]15: Large Window Details

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3. Development shall not commence until a scheme of Reasonable Avoidance Measures (RAMs) in respect of Great Crested Newts has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in strict accordance with the details as approved. 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 dwelling shall be occupied until the Kitchen Garden and the Link Garden have been fully restored in strict accordance with a scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include full details of the siting and appearance of a fountain to be provided within the Link Garden. 6. The Kitchen Garden and Link Garden shall be managed in accordance with a Management Plan that shall have been submitted to and approved in writing by the Local Planning Authority within three months of commencement of development. 7. All hard landscaping shall be carried prior to the first occupation of the dwellings hereby granted permission in strict accordance with approved drawing AL[0]00: Landscape Plan. 8. Within three months of commencement of development a soft landscaping and tree planting scheme together with a five year Maintenance Plan and timescales for implementation of soft landscaping and tree planting shall be submitted to and approved in writing by the Local Planning Authority. Soft landscaping and tree planting shall thereafter be carried out in strict accordance with the scheme as approved and maintained in accordance with the approved Maintenance Plan. 9. Each dwelling shall be provided with parking areas in accordance with the details shown on the approved drawing AL[0]01: Proposed Site Plan prior to first occupation of that dwelling. 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. Notwithstanding the provisions Schedule 2, Part 1, Classes A, B, C, D and E 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 development permitted by those classes shall take place.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. In order to protect wildlife interests, which are afforded special protection.

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4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To secure the restoration of a site of historical interest. 6. In the interests of securing character of a site of historical interest. 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 provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 10. To protect the amenities of the occupiers of nearby properties. 11. Due to the rural location of the site and in order to protect a registered Park and Garden from inappropriate development.

NOTE(S) TO APPLICANT

This consent does not authorise works to be carried out to any listed or curtilage listed structure. Works to any listed or curtilage listed structure will require the benefit of listed building consent.

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

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

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

Page 23 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 trespass, with the potential for court action.

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2015 /0580 LAND TO THE REAR OF RYECROFT 22/07/2015 RESIDENTIAL HOME, 36 PERCY ROAD, WREXHAM COMMUNITY: LL13 7EF CASE OFFICER: Offa KH DESCRIPTION: ERECTION OF 4 BEDROOM WARD: DETACHED HOUSE WITH AGENT NAME: Erddig ASSOCIATED PARKING BLUEPRINT ARCHITECTURAL APPLICANT(S) NAME: SERVICES LTD MR NORMAN FEARN LANGLEY ESTATES

______P/2015/0580 BACKGROUND

The application was previously submitted to 1 February 2016 Planning Committee for the erection of a 4 bedroom detached house on land to the rear of Ryecroft, the former residential care home with access onto Belgrave Road.

The initial design was considered unacceptable. There is no definitive architectural style to Belgrave Road but the design failed to pick up on any of the architectural features and would not have sat well within the conservation area.

A revised scheme was submitted prior to the Planning Committee Meeting and presented to the Committee. In accordance with Recommendation B attached to the Committee report delegated powers were given to carry out additional consultation on the revised scheme and to determine the application subject to no new substantive issues being raised.

Consultation has been carried with no comments from neighbours or Offa Community Council. Councillor Dutton has, however, expressed concerns regarding the proposed dwelling which is not very ambitious and lacks sufficient detail.

I am satisfied that the amended design has addressed the concerns of the Conservation Section and the dwelling proposed will reflect the character and appearance of the Conservation Area.

Please see below my original report to Planning Committee together with the Addendum report.

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THE SITE

Located off the southern side of Belgrave Road and land formerly used in conjunction with the former Ryecroft residential care home to the east at the junction of Belgrave Road and Percy Road.

Proposed dwelling footprint

PROPOSAL

Erection of 4 bedroom detached house with associated parking.

HISTORY (most recent)

P/2015/0751 Conservation Area consent to demolish no. 38 Percy Road (within Fairy Road Conservation Area) - on this agenda P/2015/0752 Change of use from residential care home to 5 no. bedroom detached dwelling, erection of new dwelling and construction of new access on this agenda.

DEVELOPMENT PLAN

Within settlement and the Fairy Road Conservation Area. Policies PS1, GDP1, PS2, EC7 and EC8 refer.

CONSULTATIONS

Community Council: No comment Local Member: Notified 31.07.15 Highways: No objections. Adequate parking and turning for the proposed dwelling and 36 and 38 Percy Road which are linked with this application. Public Protection: Consulted 31.07.15

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Welsh Water: Conditions required Natural Resources Wales: Standard advice note WACS: Consulted 31.07.15 Other Representations: 1 objection on basis of additional parking requirements and the road is not suitable for additional parking with the road used frequently by school buses. The property is also within the Conservation Area. Site Notice: Expired 24.08.15 Press Notice: Expired 11.09.15

SPECIAL CONSIDERATIONS

Proposal: Erection of a 4 bedroomed detached house with existing access onto Belgrave Road. The land was previously used for parking in association with the former Ryecroft Residential Home. Additional applications have been submitted for 36 and 38 Percy Road which were used as the former care home and have been considered in conjunction with this application to ensure adequate parking provision. Each of the properties will have independent parking provision.

The site is located within the Fairy Road Conservation Area.

Highways: The development site is located on an unclassified, residential road subject to a 30mph speed limit. However, typical vehicle speeds are estimated at around 25mph given the proximity to the junction with Percy Road.

Proposed parking and turning provisions are acceptable and the proposed access is suitable for a reduced number of vehicle movements compared to the previous use of the parking associated with the nursing home. Conditions will be required to retain the parking and turning provision, and preventing gates across the site access.

Conservation: The site is located within the Fairy Road Conservation Area and forms part of the grounds of the former nursing home. The site fronts Belgrave Road which is characterised by large properties set within large grounds. Both detached and semi-detached properties are present with each property or part distinctively designed. Properties along Belgrave Road date from the mid C19 through to the early mid-20th Century which has resulted in a variety of architectural designs, materials and finishes which add to the special interest of the street. Brick boundary walling, trees and a consistent building position and building give some unity to the streetscape and are important features to retain and replicate.

I have concerns over the proposed design of the dwelling. The Conservation Area in general is characterised by 19th Century red brick housing with many of the larger properties displaying strong arts and craft influences. This influence is more pronounced to the south of the Conservation Area, including Belgrave Road, where the properties and plots are larger and generally lower

Page 27 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 density. There is no definitive architectural style to Belgrave Road with properties directly adjacent being more typical of early to mid-20th Century architecture and those directly opposite reflective of the Italian revival style popular in the Victorian era. The design proposed fails to pick up on any of the adjacent architectural features and instead proposes a neo-Georgian design which would not sit well within this Conservation Area. I have requested a resubmitted design..

CONCLUSION

I am satisfied a dwelling can be accommodated on the site which would not compromise highway safety or residential amenity. However, the design proposed is unacceptable and I am waiting for the submission of a more appropriate property which would be better reflective of the character of the Conservation Area. My recommendation is therefore in two parts.

RECOMMENDATION A

Should details of an acceptable design not be submitted then I am recommending the application be REFUSED for the following reason:

RECOMMENDATION B

Should a suitably designed dwelling be submitted then I am requesting delegated powers to carry out additional consultation and subject to no substantial new issues being raised, determine the application subject to appropriate planning conditions.

ADDENDUM

Submission: The applicant has now submitted an amended design for the proposed new dwelling which has addressed the concerns previously expressed by the Conservation Section. The design now reflects the character of the Conservation Area and will have a positive impact on the character and appearance of the Conservation Area,

The new dwelling can only be supported however, if the development of P/2015/0752 is also granted planning permission and therefore, Committee should consider that application at the same time.

Observations: My original recommendation was in two parts. Recommendation B is now applicable requesting delegated powers to carry out additional consultation and subject to no substantial new issues being raised powers to approve the application subject to the following planning conditions / reasons and advice notes.

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RECOMMENDATION

My recommendation is now to GRANT planning permission subject to the planning conditions on the addendum report previously presented to Committee and reproduced below and two additional conditions Nos 16 and 17.

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 first use of the development the site shall be laid out in strict accordance with layout plan(s) No. L045/005. 3. 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. 4. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 5. 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. 6. No development shall commence on site until the residential care home use of Ryecroft has ceased and this premises has been fully converted to form a dwelling which is subject to separate planning permission - ref: P/2015/0752. 7. Prior to their installation on the building drawings to a scale of 1:5 and 1:20 fully detailing all new doors shall be submitted to the LPA. The details shall fully describe the proposed materials and decorative/protective finishes .The works shall only be carried out in strict accordance with such details as are approved. 8. No part of the development shall commence until an investigation, by air-spade or hand digging, has been undertaken to determine whether tree roots are present in the ground within the footprint of the proposed development. The investigation shall be supervised by a qualified arboriculturist and the results of this investigation together with any necessary methods for minimising impact upon trees shall be submitted to and approved in writing by the Local Planning Authority. 9. Prior to their installation on the building, a specification of rainwater goods shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, fixing method, decorative/protective finishes and include cross sections. Works shall only be carried out in strict accordance with such details as approved. 10. All repairs, re-bedding and re-pointing of the existing brick boundary walls surrounding the site shall be carried out using a lime based mortar only. The Councils Conservation Officer shall be given 5 days' notice in writing. 11. Prior to their installation on the building, drawings to a scale of 1:5 fully detailing the proposed verge and eaves design, shall be submitted to and approved in writing by the Local Planning Authority The details shall include

Page 29 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 the proposed materials and finishes to the verges, bargeboards and soffits. The works shall only be carried out in strict accordance with such details as are approved. 12. Details of the proposed finish to the parking and turning area 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 prior to the occupation of the property and retained thereafter unless otherwise agreed in writing with the Local Planning Authority. 13. 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. 14. 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. 15. 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. 16. Prior to their use on the development samples of all internal materials including slate, brick, render, sandstone sills / heads and chimney pots 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. 17. Prior to commencement of development drawings at a scale of 1:20 shall be submitted showing the proposed chimneys, including their height and details of any decorative features. The works shall be carried out in accordance with such details as are approved.

REASON(S)

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

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2. In the interests of highway safety. 3. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 4. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 5. In the interests of highway safety. 6. To ensure the proposed scheme does not result in the loss of parking for the adjoining residential care home. 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. 9. To ensure the works reflect the character and appearance of the building. 10. To ensure the works reflect the character and appearance of the building. 11. To ensure the works reflect the character and appearance of the building. 12. To ensure the works reflect the character and appearance of the building. 13. To protect the amenities of the occupiers of nearby properties. 14. To protect the amenities of the occupiers of nearby properties. 15. To ensure satisfactory drainage of the site and to avoid flooding. 16. In the interests of preserving and enhancing the character and appearance of the Conservation Area. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

See advice and notes from Natural Resources Wales attached to this decision.

See advice and notes from Welsh Water attached to this decision.

The applicant is advised that compliance with condition no. 13 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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

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

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

Applicants are advised that compliance with condition no. 14 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2015 /0790 BOOZEY FIELD, OFF GRIFFITHS 19/10/2015 ROAD, OLD MOLD ROAD, GWERSYLLT, WREXHAM, COMMUNITY: LL11 4YF CASE OFFICER: Gwersyllt SEH DESCRIPTION: OUTLINE APPLICATION FOR WARD: RESIDENTIAL DEVELOPMENT (UP AGENT NAME: Gwersyllt West TO 56 NO. DWELLINGS) WITH J10 PLANNING LTD ASSOCIATED WORKS MR JUSTIN PAUL

APPLICANT(S) NAME: MR MICHAEL FORGRAVE GOWER HOMES LTD

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THE SITE

The application site is known as Boozey Field which is greenfield land located outside of, but immediately adjoining, the settlement limit and within Green Barrier. It is bounded to the north by a row of mature trees with residential properties beyond. Public vehicular highways bound the site to the south, east and west, with open countryside beyond. There are a number of TPO protected trees on the southern boundary of the site.

Application Site

Proposed Site Access

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PROPOSAL

As above. The application is accompanied by an indicative site layout plan, Planning Statement, Design and Access Statement, Transport Statement and Travel Plan, Ecological Appraisal, Landscape and Visual Impact Assessment, Arboricultural Impact Assessment, Drainage Strategy and Flood Risk Assessment and Geo-Environmental Report.

RELEVANT PLANNING HISTORY

6/23538 Residential Development. Refused and Appeal dismissed on 21/02/1997 6/17233 Residential Development. Refused and Appeal dismissed on 05/10/1995 6/12400 Agricultural Workers Dwelling. Refused on 15/02/1986 6/07320 Change of use for burial purposes. Approved 25/03/1981 6/00089 Residential Development. Refused 25/04/1974

DEVELOPMENT PLAN

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

NATIONAL PLANNING POLICY

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

CONSULTATIONS

Community Council: Objects on the following grounds: • The proposed siting of the development is particularly ill considered as the site forms part of the green barrier and is outside the settlement limit; • The proposal is, in the Council's opinion, contrary to a number of existing planning policies that have been put in place to protect green barrier land from inappropriate development and to safeguard the character of villages;

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• The proposed development is likely to generate a significant increase in the amount of local traffic and the Council has concerns about the impact on road safety particularly having regard to the unsuitability of the existing local highway network; • The Council is concerned, too, that judging from recently expressed concerns about threats to the large population of bats in this area the potential ecological constraints associated with the development of the site for residential purposes have not been properly considered; • The development of extra residential units at this location will put further pressure on local facilities such as schools and doctors' surgeries which are already under pressure; • The Council considers that little regard (if any) has been paid to the Wales Spatial Plan in bringing the application forward for discussion by the Planning Committee. It is particularly concerned that the community of Gwersyllt is becoming a regular target for new development at a time when the preparation process for the Wrexham Local Development Plan 2 for 2013-2028 has yet to be completed. This is putting the community under great pressure and is, in the Community Council's opinion contrary to the spirit of the Wales Spatial Plan which promotes the building of sustainable communities whilst retaining their character and distinctiveness. Local Member: Councillor Arfon Jones held a public meeting attended by 36 local residents. The following objections represent the views of Councillor Jones which were supported by those who attended that meeting: • Boozey Field is in the green barrier and boundaries of green barriers should not be altered only in exceptional circumstances. I do not believe that the lack of a 5 year housing land supply is exceptional in this case and outweighs the purpose of the green barrier which is to safeguard the countryside from encroachment and to encourage the recycling of derelict and other urban land. There is also a presumption against development which is

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inappropriate and this development is by definition inappropriate; • Boozey Field is outside of the Gwersyllt settlement - This is a true green wedge on the edge of settlement. The settlement boundary between Gwersyllt and Wrexham is the old railway line which runs between the Meadows and Boozey Field. This is a strong development boundary now lined by mature trees. It should also be noted that there is no Griffiths Road in Gwersyllt and Summerhill only in Wrexham; • Previous planning applications - There have been a number of planning applications over the years all of which have been refused and two were appealed and the Planning Inspectorate rejected the appeals because this site was in the green barrier; • Sustainability - Planning Act 2015 - This development is not sustainable as is required in this legislation: 1. 500 extra vehicle movements per day along what is a single track road. 2. Road connectivity is poor and congested. 3. Unsafe for pedestrians. 4. Local schools are full. 5. The local GP surgery is oversubscribed. 6. Secondary health services are under severe pressure. 7. No public transport to local amenities. • Loss of Privacy - There will be overlooking, overshadowing and loss of outlook to existing properties; • Highway Safety Issues: 1. Griffiths Road is barely wide enough for 2 cars to pass. 2. Minimum of 500 additional vehicle movements per day. 3. Poor visibility when exiting Griffiths Road onto Summerhill Road (Accident black spot). 4. Congestion on Summerhill Road, Mold Road Roundabout. 5. Lots of pedestrian movements on Summerhill Road where there is no footpath.

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6. Dangerous exit Griffiths Road to Old Mold Road, A541 slip road, 7. Heavy congestion accessing A541 from Old Mold Road; • Ecology - Lots of bats in the trees between Boozey Field and the Meadows and Glascoed. Concerns of the loss of natural habitat at this location; • Brownfield Sites - The lack of a 5 year land supply under TAN1 is minimised by the fact that there is brownfield sites for 2084 units identified in the latest reports to the Welsh Government; • Welsh Water's comments that the application should not be granted without conditions as the public sewerage system is overloaded are supported. There are similar concerns expressed by Natural Resources Wales as regards drainage and surface water. Re-consulted 11/04/2016 Highways: There are no objections to the proposed development subject to highway improvements to be secured by planning conditions (please see special considerations section below). Re-consulted 11/04/2016 Wales & West Utilities: No objection. There is no apparatus within the site. National Grid: Consulted 18/11/2015 Education: A financial contribution is required towards primary and secondary education facilities to be obtained by S106 Agreement. WW: No objection subject to conditions relating to the comprehensive drainage of the site and the securing of a buffer zone either side of the public sewer which crosses the site. Re-consulted 11/04/2016 NRW: No objection. The Council’s Flood Officer must be consulted in relation to detailed surface water management including how runoff might be restricted and volumes attenuated on site where necessary. The submitted ecology report has been completed to a satisfactory standard and the proposal is not likely to be detrimental to the maintenance of the favourable status of any populations of European protected species.

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PP: No objection to the scheme subject to conditions relating to possible land contamination investigation and remediation work, and restrictions on hours of construction works. Re-consulted 11/04/2016 Flood Risk Management Officer: No objections to the scheme subject to a Grampian condition ensuring that the downstream watercourse is improved to adequately manage surface water. Re-consulted 11/04/2016 Affordable Housing Officer: The applicant has proposed 14 affordable units within the development which is in accordance with the Council’s policy to secure 25% of the housing as affordable. The scheme will contribute much needed affordable housing in a sustainable location which is close to the town centre providing both work and leisure facilities. Local Medical Centre: The surgery is at capacity and is already taking patients from others practices. The practice cannot support the additional residents from this development. Site Notices: Expired 16.11.2015 Press Notice: Expired 20.11.2015 Neighbours: 81 neighbouring occupiers notified, 30 responses received sharing the following concerns: • The site is close to an abattoir; • The surrounding road network is already dangerously busy and this danger would increase with the additional traffic movements associate with the new houses; • Inadequate footway/pedestrian provision; • Negative impact upon the ecology of the site; • Nuisance (noise, vibration and dust) during the construction works; • Light pollution; • Loss of privacy; • Impact upon the health and stability of the trees on site; • Local schools do not have the capacity for additional children; • Drainage problems;

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• There is plenty of available housing locally and theses new houses are unnecessary; • The local Doctors Surgery is at capacity and cannot support additional residents; • The proposed development is unsustainable; • Previous applications to develop the site have been unsuccessful and planning permission should again be refused; • The land is Green Barrier and should be protected from built development; • Boozey Field is outside of the Gwersyllt settlement - This is a true green wedge on the edge of settlement. The settlement boundary between Gwersyllt and Wrexham is the old railway line which runs between the Meadows and Boozey Field. This is a strong development boundary now lined by mature trees; • The lack of a 5 year housing land supply is not an exceptional circumstance which outweighs the purposes of including the land within the green barrier. Re-consulted 11/04/2016

SPECIAL CONSIDERATIONS

Background: The proposal is for the residential development of the land for housing (56 No. units). The application is made in outline with all matters reserved for further consideration, apart from access. An indicative site plan is provided showing the potential layout of the development. As the land is outside of the settlement limit and within green barrier, the residential development of the site represents a departure from the development plan. The main issues to consider relate to the sustainability of the location, the loss of green barrier, the impact upon the character and appearance of the area, the impact upon the amenities of the occupiers of the adjacent properties, and the impact upon highway safety.

Policy: The proposed development of the land for housing is contrary to some of the local planning policies set out earlier in this report. The site lies outside of the development boundary to which the current UDP directs all new development for housing and as such the development would be contrary to UDP Policy PS1. As the site is Greenfield land it would not strictly accord with

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Policy PS3 which, as a preference, directs development to previously developed (Brownfield) land.

As the site is outside of the settlement limit and the proposals do not accord with any of the circumstances that permit small scale residential development on sites outside of settlement limits, the proposed development would be contrary to UDP Policy EC5. Ordinarily I would recommend that a planning application be refused for proposals that do not accord with these UDP Policies (PS1, PS3 and H5). However the Council is only required to determine planning applications in accordance with the adopted development plan unless material considerations indicate otherwise. I will address these other material considerations below.

Housing Land Supply Planning Policy Wales (PPW) at paragraph 9.2.3 requires local planning authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing. Members will be aware that under the provisions of TAN1: Joint Housing Land Availability Studies (JHLAS) the Council has a statutory duty to monitor housing land supply on an annual basis in the form of the JHLAS. In accordance with paragraph 8.1 of TAN1 (Jan 2015) Wrexham is now unable to demonstrate whether it has a 5 year housing land supply because the UDP plan period expired in 2011.

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

Openness within the green barrier The site lies within green barrier where UDP Policy EC1 is applicable. This policy refers to development in green barriers only being granted planning permission if the proposal is for agriculture, forestry, outdoor sport/recreation, cemeteries and other uses which maintain its openness and do not conflict with the purpose of including the land within it. In relation to this site there is a strong, logical and defensible boundary (Griffiths Road and Mold road) to the south and east of the site which is well landscaped with mature trees and hedgerows forming a logical rounding off of the Settlement. The development of the site would not result in the coalescence of settlements and the function of the green barrier would remain even if this site is developed given the distance between the two settlements (Gwersyllt and Wrexham Town).

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In addition, development of the site would not undermine the openness of the green barrier as it is so well self-contained with mature, established boundary on all sides. Allowing the site to come forward would result in the controlled expansion of an urban area and assist in safeguarding further areas of the countryside from encroachment. I do not therefore consider the proposed development to be contrary to Policy EC1 as it represents a use which maintains the openness of the green barrier which does not conflict with the purpose of including the land within it.

Whether the proposal is inappropriate development in a green barrier Paragraph 4.8 of PPW deals with the managing of urban form by means of green belts and wedges (which are essentially the same as green barriers) and states that there is a presumption against inappropriate development with substantial weight to be attached to any harmful impact which a development would have on a green wedge/barrier. It confirms that inappropriate development should not be granted planning permission except in very exceptional circumstances where other considerations would clearly outweigh the harm. In accordance with paragraph 4.8.16 the proposed housing does not represent inappropriate development because, as already mentioned above, it does not conflict with the purpose of including the land within the green barrier.

Even if the proposed development were considered to be inappropriate development, the lack of a 5 year land supply is a very exceptional circumstance and the proposed housing would make a significant contribution to meeting this need that clearly outweighs any harm that the development would do to the green barrier. Paragraph 4.8.15 of PPW states that these very exceptional cases can therefore be treated as departures from the plan.

Sustainable Development PPW includes a presumption in favour of sustainable development. In terms of being located within a sustainable location with accessibility to jobs, shops, services and facilities etc., the site is as accessible as those within the adjacent settlement. Landscaped Public Open Space (POS) is provided on site and full details will be considered at the reserved matters stage. However, should this fall below the amount required by LPGN No. 10 ‘Public Open Space in New Housing Development’, the applicant also proposes to pay a commuted sum for improvements to the pedestrian links to the existing local equipped area of play (LEAP) at Moss Valley which is to be secured by S106 agreement. There is reasonable access to shops, LEAP, schools, churches, public houses, etc. within the village centre being approximately 10 minutes’ walk from the site. The nearest bus stop is a couple of minutes’ walk away which provides a frequent direct service to Wrexham in order to gain further access to jobs, dentist, doctors, hospitals, larger entertainment and retail facilities etc.

Para 4.7.8 of PPW states that development in the countryside should be located adjoining settlements where it can best be accommodated in terms of infrastructure, access, and habitat and landscape conservation. Although the proposal does not essentially comply with UDP Policies (PS1, PS3 and H5),

Page 41 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 given the sustainable location of the development immediately adjoining the settlement, and the fact that the development is not considered to be inappropriate, in accordance with para. 4.8.16, I accept that the development for residential use in principle would not cause any detrimental harm to the countryside location or conflict with Polices PS2, PS4, GDP1 or EC1 of the UDP.

Highways: The development site is located with a proposed access on to the classified highway known as Griffiths Road which is subject to the national speed limit. Due to the geometry of the road, actual vehicles speed is considered to be no more than 30 mph.

Visibility Welsh government guidelines recommend a visibility splay of 2.4 x 43 metres in both directions. It is possible to achieve this from the proposed point of access. Visibility at the junction with Old Mold Road is also considered to meet Welsh Government Standards.

However, visibility at the junction with Summerhill is below standard for the prevailing speed of traffic. To overcome this it is proposed by the applicant to extend the 30mph speed limit beyond the junction by introducing additional street lighting for approximately 400m. This will be beneficial to highway safety in the vicinity of the site.

Traffic Generation A development of 56 dwellings will generate less than 1 vehicle per minute at peak hours. It is considered that this will have little detrimental impact on the existing highway network and the capacity assessment undertaken by the applicant confirms this.

Highway layout Griffiths Road is generally between 3.5 and 5 metres in width and there is limited opportunity for 2 vehicles to pass. Three formalised passing places will be created on Griffiths Road to aid in the free flow of traffic and cater for the small increase in traffic movements associated with the proposed development.

Pedestrian Movement Pedestrian provision in the vicinity of the site is restricted to a footway on the east of Old Mold Road and the east of Summerhill Road. The proposed pedestrian crossing point on the Old Mold Road will ensure that the site has adequate link to the east/north towards Gwersyllt. To the west of the site, a continuous link to the existing footway is proposed on Summerhill Road by the introduction of a priority traffic system on Griffiths Road. This will provide a safe off road pedestrian route connecting Summerhill Road with Old Mold Road through the site where there is currently no footway provision. This will be in the interests of the increased safety of all road users in the locality.

The submitted traffic impact assessment demonstrates that the development will not detrimentally impact upon highway capacity in the vicinity of the site.

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Highway improvements are proposed which will enhance the safety of pedestrians and the development complies with UDP Policies PS4, GDP1, T8 and T9.

Scale, Design and Site Layout: The application is accompanied by a detailed Design and Access Statement which fully outlines the rationale behind the site layout, responding to the site constraints. Whilst it is important to note that this proposal is made in outline, with matters relating to layout, scale and appearance reserved for approval at a later stage, the Council can broadly rely upon the contents of the illustrative plan and supporting documentation (see figures 1, 2 and 3 below) in determining the anticipated impact of the development. The proposed site layout demonstrates that it is possible to achieve a functional development that sits comfortably in its landscape setting which can be satisfactorily mitigated in landscape terms and make a positive contribution to the character and appearance of the area. The properties are located a sufficient distance from the existing dwellings on the northern boundary, the closest dwelling being in excess of 22 metres away (the minimum separation standard required by LPGN 21). As such there would be no significant loss of privacy or daylight to these properties and the proposal accords with UDP Policies GDP1 and PS2.

Fig 1. Indicative Site Layout Plan

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Fig 2. Indicative Streetscene from Summerhill Road

Fig 3. Indicative Streetscene from Old Mold Road

Trees: There are a number of significant mature trees along the northern / north western boundary of the site and it is important that the long-term impact of the proposed plots is properly considered. There is potential here for the development to impact upon the health and stability of these trees, and for the trees to cause issues of shading of the garden areas within the plots. The site plan as was originally submitted has been amended to increase the separation distance between the dwellings and the trees in order to avoid any significant encroachment into the Root Protection Areas (RPAs) and the properties have been re-orientated such that instances of shading of garden areas is reduced.

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I consider plot numbers 38, 39 and 40 to remain affected by shading due to the west / north west aspect, as well as crown encroachment over sections of the garden areas which is up to 5 metres at some parts of the site. Each plot though does have in excess of the minimum garden space as required by LPGN 21 ‘Space around Dwellings’ which is not affected by any encroachment from the boundary trees. As the site plan is indicative only at this stage, the final positioning of these plots will be properly considered at reserved matters stage, should outline permission be granted, to ensure that these plots do not suffer from significant shading.

There are concerns also in relation to the provision of adequate space within the development for useful tree planting to contribute to the proposed street scene. Again, as the site layout is only indicative at this stage and landscaping is reserved for further approval, tree planting will be properly considered as part of the reserved matters application to ensure that feature tree planting in strategically selected individual locations is secured for maximum amenity impact. I am content therefore that the proposed development complies with UDP Policies EC4 and GDP1 a).

Ecology: The dwellings have been located sufficient distance from the trees on the northern boundary to demonstrate that true dark corridors can be provided which will not be encroached upon by the development. I have no concerns therefore in relation to the impact of development upon the local bat population associated with the trees.

The site lies within an area previously identified by the Council and NRW as being of particular importance for great crested newts and one where the constraints of the existing housing has created a vulnerable population. Given the lack of opportunity for onsite improvements, the payment of a commuted sum to use for offsite habitat improvements is considered to be reasonable. Using the mitigation cost calculator (based on agreed costs at Hafod Land Tribunal 2006 and actual costs recently incurred by Flintshire Countryside Service) I have calculated the commuted sum to be £2550 to be secured as part of a S106 agreement. The payment would be received by an organisation such as Building Wildlife Trust or Amphibian and Reptile Conservation to be spent on projects within the area.

In addition to the above, landscaping to include bolstering of the existing boundary vegetation on site, a lighting strategy, a plan as outlined in the ecological submission and a great crested newt method statement will all be required as part of the reserved matter application. This will be secured by way of planning condition should permission be granted. The development therefore complies with UDP Policy EC6.

Drainage: Natural Resources Wales have raised no objection to the scheme advising that the Council’s flood officer provide advice in relation to the management of surface water to prevent surface water flooding. The Council’s flood officer has confirmed that the landowner has a legal right to drain the land into the downstream drainage system at a rate equivalent to the “greenfield” run-off which in this case is approximately 7l/s. Whilst the

Page 45 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 development of the site may slightly alter the time of concentration of this flow it will not increase the discharge rate.

The ditch downstream of the A541 is poorly maintained with the consequence that the agricultural land on either side is waterlogged by flooding from the channel. Whilst the outlet from the culvert under the highway is “drowned” by the water in the ditch there is evidence of flows which suggests that the upstream drainage system is operating, albeit at reduced efficiency. The ditch continues downstream to a series of ponds (adjacent to the railway) which forms the wildlife area created as part of the St Giles Park development. There is sufficient fall (between the outlet from the highway culvert and the water level of the downstream ponds) to allow the proper operation of the land drainage system provided that the connecting ditch is maintained. A Grampian condition will be attached to any permission to secure the clearing and improvement of the downstream ditch prior to commencement of development.

With regards to the public sewer which crosses the site, the proposal is to keep to this route and then divert the drain as soon as it hits the proposed estate road and then send it along the estate road in an easterly direction. This will ensure that a 3 metre buffer zone either side of the pipe can be kept free of operational development. The development therefore complies with UDP Policies GDP1 and EC13 which safeguards against adverse impacts of development caused by additional surface water run-off.

Other Matters: The local medical practice has raised capacity concerns. There is no planning policy directly relevant to this and no mechanism by which the Council can secure any financial contribution to offset the impact of the development. As mentioned above, Wrexham Town is easily accessible and the residents of the development can access medical facilities outside of the Gwersyllt area.

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

CONCLUSION

In accordance with planning legislation and paragraph 3.1.2 of PPW, the Council is required to determine the application in accordance with the adopted UDP unless there are material considerations which indicate otherwise. I have given careful consideration to the information submitted in support of the application and the significance of all material considerations including the lack of a 5 year housing land supply.

Whilst it is acknowledged that the development of the site does not accord with all of the strategic policies relating to the site location, the proposal presents the opportunity to deliver without significant known difficulty, a high

Page 46 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 quality development which would make a significant contribution towards much needed housing. Whilst representing a departure from some of the policies of the adopted UDP, the development of the site is justified in this instance as contributing to the 5 year land supply whilst at the same time being in a sustainable location and providing an acceptable form of development. The proposal would not constitute inappropriate development because it would maintain the openness of the green barrier and does not conflict with the purpose of including the land within the green barrier. The development would make a positive contribution to the character and appearance of the area and I recommend accordingly.

RECOMMENDATION A

Should Members be minded to grant planning permission, due to the nature and scale of the development it must be referred to the Welsh Ministers under the terms of the Town and Country Planning (Notification) (Wales) Direction 2012. If the application is referred back to the Authority for determination, the Head of Environment and Planning requests delegated authority to determine the application in accordance with Recommendations B, C and D below.

RECOMMENDATION B

That the Council enters into an Obligation under Section 106 of the Town and Country Planning Act 1990 to secure: a) A financial contribution towards primary and secondary education facilities in accordance with Local Planning Guidance Note No. 27; c) The provision of affordable housing in accordance with Local Planning Guidance Note No. 28 at a rate of 25% of the dwellings proposed; d) The formation of a management company for the management and maintenance of on-site public open space and communal spaces; e) The payment of a commuted sum for offsite habitat improvements in the amount of £2550; e) The payment of a commuted sum for the upgrading of offsite POS together with pedestrian access links to this area.

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

RECOMMENDATION C

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

1. The development would not make provision for the required infrastructure/community facilities to offset the impact of the development. The proposal as such would be contrary to UDP policies GDP2, CLF5 and H7.

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2. The development would not make adequate provision for the potential impacts of the development upon biodiversity through the implementation and maintenance of long term habitat improvements. That delegated authority be given to the Head of Environment and Planning to determine the final form and content of the reasons for refusal.

RECOMMENDATION D

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

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the 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 three years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. This permission shall provide for a maximum of 56 dwellings. 5. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

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6. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 5. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 7. No part of the development shall commencement until a scheme of improvement works to the local watercourse to receive surface water from the development hereby approved has been submitted to, and approved in writing by, the Local Planning Authority. The improvement works as are approved shall be competed in all respects prior to first use / occupation of the development. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. The application site is crossed by a public foul sewer. No part of any operational development shall take place within 3 metres either side of the centreline of this public foul sewer. 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. 10 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. 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. 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. 15. 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) Passing bays, 3) Street lighting along Summerhill Road, 4) Extension to 30mph speed limit, 5) Pedestrian Refuge on Old Mold Road, and

Page 49 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

6) Priority traffic scheme / continuous link. The scheme as is approved shall be fully implemented prior to first use of the development. 16. No part of the development shall commence until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be used in strict accordance with the details as are approved. 17. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented. 18. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 19. An external bat friendly lighting scheme shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The scheme shall be fully implemented in accordance with the approved details prior to first use / occupation of the development. 20. A great crested newt method statement shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The development shall be carried out in strict accordance with the method statement as is approved. 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 or G of Schedule 2 Part 1, other than the development hereby granted permission. 22. As part of the reserved matters application, an Arboricultural Implication Assessment dealing comprehensively with all tree issues (including shading of the residential plots) shall be submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Assessment as is approved. This Assessment shall include all trees with a stem diameter of 75 mm or above (including crown spreads and stems) and the trees shall be colour coded and shown accurately on a topographical land survey.

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. In the interests of highway safety and to ensure that a high standard of design is achieved for the site. 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. To ensure satisfactory drainage of the site and to avoid flooding.

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7. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 8. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. To protect the integrity of the public sewer and avoid damage thereto. 10. In the interests of the amenities of the future occupants of the buildings 11. In the interests of the amenities of the future occupants of the buildings 12. To protect the amenities of the occupiers of nearby properties. 13. To protect the amenities of the occupiers of nearby properties. 14. To ensure that adequate visibility is provided at the proposed point of access to the highway. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. In the interests of highway safety. 18. In the interests of highway safety. 19. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 20. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 21. Due to the restricted application site and its relationship with adjoining properties and neighbouring trees, it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority. 22. To protect trees which are of significant amenity value to the area.

NOTE(S) TO APPLICANT

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

The applicant is advised that compliance with condition no. 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.

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

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01978 315300.

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

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

Applicants are advised that compliance with condition no. 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.

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.

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

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

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures

Page 52 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

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

If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 0800 917 2652.

Some public sewers and lateral drains may not be recorded on Welsh Water 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. The applicant should contact the Operations Contact Centre 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.

The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

Further information on the Welsh Ministers Standards can be found on the Welsh Government website - www.wales.gov.uk

______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2015 /0890 FORMER SITE OF BROTHER 19/11/2015 INDUSTRIES, CROESNEWYDD ROAD, WREXHAM COMMUNITY: LL13 7YP CASE OFFICER: Offa MP DESCRIPTION: RESIDENTIAL DEVELOPMENT WARD: COMPRISING 79 DWELLINGS AGENT NAME: Brynyffynnon ASSOCIATED ROADS AND OPEN THE PLANNING SPACE CONSULTANCY MR MATTHEW GILBERT APPLICANT(S) NAME: BRIDGEMERE LAND PLC & MACBRYDE HOMES LTD

______P/2015/0890 THE SITE

Application site

PROPOSAL

As above.

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HISTORY

P/2005/1464 Outline application for residential development (122 no. dwellings) and alteration to existing vehicular and pedestrian access. Refused 15.09.06. Dismissed on appeal 11.12.07 P/2006/1044 Earth works to form a development platform for residential development. Withdrawn 01.11.06. P/2008/0649 Outline application for residential development (84 dwelling) and alteration to existing vehicular and pedestrian access. Granted 8.9.2010. P/2008/0728 Earth works to form development platform for residential development. Granted 1.2.2010. P/2012/0760 Residential development comprising 77no. dwellings, associated roads and open space. Refused 20.11.2014. Appeal withdrawn.

DEVELOPMENT PLAN

Within settlement. Policies GDP1, GDP2, EC4, EC6, EC12, EC13, H2, H7, CLF5 and T8 apply.

CONSULTATIONS

Community Council: To object to loss of affordable housing on the following grounds: 1. The Housing Needs Evidence Based Report upon which the assertion that there is a negative requirement for affordable housing in Wrexham says in its introduction ‘Whilst this housing assessment provides an informed up to date position statement for housing need and demand, it is important to remember that figures calculated under this model should not be used as a definitive measure of housing need or as an absolute target figure. Instead, the model and its output is representative and reflective of any current level of imbalance within the local housing market and so provides an indication of the scale, type and tenure of housing required in order to seek to redress such imbalance’.

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2. Appendix A (table A1) of the above mentioned report shows that the survey sample error for the Wrexham sub-area is + 5.2% (95% confidence interval) which means we can be 95% sure that the total current need derived from that survey (636 in Appendix B, table B5, line 10) is somewhere between 539 and 733, giving a total annual need over 5 years of between 108 and 147. Furthermore, the figure for the committed supply of affordable units (table B5, line 7) of 128 includes those in the previous consents for the Brother site. Taken together, these two factors could wipe out the projected ‘negative’ figure. It would therefore be rash to abolish any requirement for developers to include affordable housing for the next five years on the basis of this report. 3. Any sub-division of the area is, of necessity, arbitrary and although the A483 may seem a natural boundary, it should be noted that the site is only a few hundred metres from the ‘Western Borders’ sub area, which has the highest unmet need for affordable housing in the County Borough (69 per year, according to table B5). To allow the arbitrary sub- division of the WCBC area to over-ride the needs of the whole County Borough seems unreasonable, particularly since the report (table 3.5) shows a high level of movement between the two areas (in both directions). Local Member: Mindful to now support the above application on the basis that the Housing Needs Assessment 2015 report has established there is no current need for Affordable Housing to be provided as part of any new general housing developments to be

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built within the Wrexham town-centre sub housing area. The applicant has assured me that he is seeking an early commencement of work on site and as such would agree to a one year commencement planning condition being applied. Public Protection: Recommends contamination condition, a condition and advisory notes in respect of minimising the impact of construction works and a condition to ensure incorporation of proposed acoustic mitigation measures into the build. Highways: Have made the following comments: - Planning consent for 86 dwellings was previously granted. More recently the erection of 76 dwellings was supported by the Highway Authority but refused on non-highway grounds. It has previously been accepted that the development will not have any significant impact upon o the existing highway network given the previous traffic movements generated by the former Brother site. I therefore have no objections to the development on highway/traffic generation grounds; - Proposing turning heads are adequate; - All proposed dwellings provide a minimum of 2 no. parking spaces which is considered acceptable; - The existing right hand turning lane fronting the development site along Croesnewydd Road will need to be modified to suit the proposed access; - I understand that it is proposed to provide a system of attenuation on site and discharge any highway surface water run-off at a controlled rate into the River Gwenfro. I recommend the applicant liaises with the Senior Flood Management Officer to

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discuss the details of the surface water drainage system; - A s106 contribution for public transport infrastructure works shall be provided prior to commencement of works. This contribution shall consist of a £5000 on-off payment and £12,000 over 5 years; - The submitted layout plan is considered acceptable. Conditions recommended. Education: Contributions to primary education (Victoria School) required. Housing: Notified 13.1.2016. NRW: Have the following comments: Flood Risk - Based on the submitted information, we are satisfied that there will be no increase in peak flood levels downstream as a result of the development, providing that the land profiling is carried out according to details submitted; Surface Water - We recommend that a condition is imposed to ensure that a scheme to dispose of surface water is submitted to and approved in writing by your Authority, to ensure effective management of surface water run-off resulting from the proposed development; Protected Sites - The otter is known to use this section of the Afon Gwenfro. The otter is one of the features of the River Dee and Bala Lake Special Area of Conservation (SAC); - Maintaining the status of this population of otter requires the safeguard and protection of foraging areas, dispersal routes, breeding sites and resting places within the network of tributaries/sub-catchments that also form part of the Dee Catchment. Appropriate conservation action is therefore

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required within and outside site boundaries. The provision and appropriate management of a 15m buffer adjacent to the Afon Gwenfro is therefore in accordance with the provisions of the Conservation Objectives for this species; Protected Species - The presence of a protected species is listed as a material planning consideration. In our view the species most likely to be affected by the proposals is the otter. The proposal has the potential to cause disturbance to otter and/or cause incidental killing; - The applicant has submitted an updated ecological assessment. We consider this assessment to be satisfactory; - If otters or their breeding sites or resting places are considered likely to be affected by the proposals, we advise that operations may only proceed after appropriate licence has been issued by Natural Resources Wales (NRW) and any conditions complied with; - In our view, the proposal is not likely be detrimental to the maintenance of the favourable conservation status of any populations of European or British protected species (including the otter) that may be present at the application site; - However, we advise that any permission is subject to the imposition of planning conditions or obligations that regulate the light spillage into the ecology buffer zone and the long term management of the ecology buffer zone. Biosecurity - Any approval be subject to a planning condition in respect of

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the submission and implementation of a Biosecurity Risk Assessment; Land Contamination - We understand previously from the local authority's Contaminated Land Officer that the previous uses of this site were unlikely to have involved the use of materials or substances that could give rise to significant contamination; - The developer should address risks to controlled waters from contamination at the site, following the requirements of Planning Policy for Wales and the Environment Agency Guiding Principles for Land Contamination, which are available on their website; Other matters - The proposal is within or may affect a Landscape of Outstanding/Special Historic Interest. While this is not a statutory designation, chapter 6 of Planning Policy Wales (PPW) states that it is a material consideration in the planning process and must be given due regard when reaching a determination; - We recommend that a Site Waste Management Plan (SWMP) is drawn up prior to scheme’s commencement in order to ensure full duty of care is complied with. Welsh Water: Recommend drainage conditions. National Grid: Consulted 24.11.15 Wales and West Utilities: Consulted 24.11.15 Welsh Government (Trunk Roads): Direct that any permission include conditions requiring; - Suitable fencing along the trunk road boundary; - Any noise barrier set back 1m into the developer’s land to allow for maintenance of it and the existing boundary fence;

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- Geotechnical drawing and calculations; - An assessment of any road restraint system on the trunk road; - Lighting be designed to prevent spill onto the adjace4nt trunk road carriageway and shall not be prejudicial to highway safety. Site Notice: Expired 17.12.15 Press Notice: Expired 8.1.16 Neighbours: The owners/occupiers of 4 nearby properties notified 26.11.15

SPECIAL CONSIDERATIONS

Background: The site has previously benefitted from outline planning permission for 84 dwellings (reference P/2008/0649). That permission lapsed in September 2015. Member also resolved to grant planning for the erection of 77 dwellings this site (reference P/2012/0760) in October 2013 subject to the prior completion of a planning obligation.

The proposals for 77 dwellings included provision for only 3 affordable housing rather than the 19.25 units that would have been required to comply with LPG28 because appraisals demonstrated the full affordable housing provision would have rendered the development unviable.

To protect the Council’s position against any future net increases in the sale value of the dwellings Member agreed to permission being granted subject to the planning obligation that included a requirement that the actual build costs and selling price of the dwellings be reviewed halfway through the development and following completion of the development, with provision for commuted sum payments to be made in lieu of on-site affordable housing provision if those appraisals showed the viability of the development had improved.

Despite lengthy negotiations it was not possible to reach an agreement with the applicants over the final form of the planning obligation in so far as it dealt with the above requirement. Consequently planning permission was refused on 11 November 2014. An appeal was submitted but subsequently withdrawn.

Policy: The lies within the settlement and is not allocated for any specific use in the UDP. Accordingly there is no objection in principle to the development. I will consider the proposals in light of the requirements of applicable detailed planning policies below.

Affordable Housing Provision: The current application seeks planning permission for 79 market houses. Whilst Local Planning Guidance Note 28 advises that 25% of dwellings build on housing developments of 25 or more

Page 61 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 dwellings should be affordable, there have been significant material changes in circumstance since the LPG was adopted as well as since the previous application was considered.

A Housing Market Assessment (HMA) for the County Borough was completed in March 2015 and identifies the requirements for affordable housing throughout the County Borough. The HMA was commissioned primarily to inform the Local Development Plan however it is the most up to date assessment of affordable housing needs and is therefore also a material consideration in determining planning applications.

I note the comments made by the Community Council regarding the HMA however the 2015 HMA was prepared in accordance with Welsh Government guidance and I am satisfied that it is a robust and up to date piece of evidence that can be used to inform relevant planning decisions. It is worth noting that the current version of LPG28 was adopted in 2005 and updated in 2013 thus pre-dating the HMA.

The HMA divides the County Borough into five sub-areas. The site lies within the Wrexham (town) sub-area. Whilst there is a need for additional affordable housing in all of the other sub-areas and within the County Borough as a whole within the Wrexham (town) sub-area the HMA identifies that there is a negative requirement for new affordable houses i.e. current supply needs exceeds projected demand.

Policy H7 requires affordable housing to be provided on housing sites of 25 or more dwellings where there is a proven lack of affordable housing to meet local needs. I recognise that the site is close to the boundary of other sub- areas however contributions from developers should only be sought where they are necessary to make the development acceptable in planning terms and where they are directly related to that development. Given that the site is in an area where there is not currently an identified need for affordable housing, it would be extremely difficult to justify refusal of planning permission on the grounds that the applicant is not providing affordable housing in this instance.

Housing Land Supply: Because the UDP plan period expired in 2011, Wrexham is now unable to demonstrate whether it has a 5 year housing land supply. Even so it is clear that there is a need to significantly increase the supply of land available for housing.

The most recent Joint Housing Land Availability Study (JHLAS) (2014) found that Wrexham has a housing land supply of 3.1 years. Furthermore the Wrexham Local Development Plan Preferred Strategy, which has recently been subject to consultation, identifies a requirement for 11,715 new homes to meet the housing needs of the County Borough over the 2013-2028 period. Taking into account existing supply this equates to a requirement for sufficient land to be brought forward for 6,738 houses to be built.

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Whilst most of the above requirement will be met via sites that are eventually allocated for development by LDP, the Council will have to be able to demonstrate that it has a 5 year housing land supply when the LDP is adopted and therefore it is essential that deliverable sites continue to be brought forward for development between now and LDP adoption.

Time limit for implementation: Ordinarily planning permissions allow 5 years for development to commence. If development is not lawfully commenced within that period the permission lapses. However in this particular case it would be beneficial to grant permission subject to a condition that allows only 2 years for development to commence. If development does not commence with that period this would allow the Council to consider any subsequent planning applications to develop the site in light of LDP affordable housing policies and/or any updated HMA.

In addition to the above, the proposed condition should act as an incentive for the applicants to bring forward the site for development. This will facilitate the beneficial re-use of a substantial previously developed plot of land and make an important contribution towards the supply of land available for between now and LDP adoption.

Layout and Design: The proposed site layout is broadly similar to the one granted permission in 2010 as well as the one Members considered in 2013. It does however provide a better frontage to Croesnewydd Road comprising of a 12 metre wide area of open space with dwellings behind. In common with the previous proposals for the site, dwellings will front onto the internal estate roads thus providing active frontages within the development. The development comprises of a mix of 2, 3 and 4 bedroom dwellings. There is a sufficient mix of house types to give interest and variation to the scheme.

The open space provision remains generally the same as previously approved – both in terms of quantity and location. A play area and a multi-use games area are proposed that will benefit from natural surveillance from nearby dwellings and are well located so as to be easily and safely accessible whilst also providing attractive landscaped areas within the development.

A landscaped buffer between the dwellings and the River Gwenfro will provide an attractive backdrop to the development whilst also providing ecological mitigation (see below).

Access and Parking: The main vehicular and pedestrian access arrangements to the site from Croesnewydd Road are the same as the previous proposals for the site. A combined pedestrian footway and cycleway will also be provided along the full extent of the site frontage. The current proposals will not generate a materially different amount of traffic to the previous proposals and I am therefore satisfied that the proposals will not give rise to significant highway problems in the locality.

Each dwelling will be provided with a minimum of 2 off-road parking spaces. I accept that this is 1 less than the LPG16 maximum allows for the proposed 3

Page 63 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 and 4 bedroom dwellings however there are employment opportunities within walking distance of the site. Whilst no buses currently pass the site itself, regular bus services into Wrexham town centre do pass along Rhyd Broughton Lane to the north – the nearest bus stop being around 400 metres away. A planning obligation will also require financial contributions towards the improved public transport provision, including funding to provide for the diversion of bus routes along Croesnewydd Road. This will help to encourage occupiers of the site to make sustainable transport choices. I am therefore satisfied that the proposed parking provision is adequate in this instance.

Noise: The site adjoins the A483 so will be subjected to noise from passing traffic. The site has been designed so that rear gardens of dwellings near to the north-western boundary of the site are shielded from traffic noise by the dwellings themselves. A scheme of noise mitigation has also been submitted which proposes and acoustic fence along the north-eastern boundary of the site. Sound insulation for dwellings close to the north-western and north- eastern boundaries is also proposed. Together these measures will provide effective mitigation to ensure an acceptable standard of amenity is afforded to future occupiers. A condition will require the implementation of the scheme.

Ecology: The River Gwenfro flows broadly parallel to the south western boundary of the site. The Gwenfro is an important corridor for otters, which are one of the key features of the River Dee and Bala Lake Special Area of Conservation, of which the Gwenfro is a tributary. Otters are also a statutorily protected species.

As noted above a buffer zone between the development and the River Gwenfro is to be maintained. Subject measures to limit the light spill from dwellings into the buffer zone as well as the implementation a long term management and monitoring plan I am satisfied the development is unlikely to be detrimental to the maintenance of the population of otters at a favourable conservation status. In turn the development is unlikely to adversely impact upon the SAC.

Flooding and Drainage: The site partially lies within the C2 Flood Zone, where national guidance TAN15 (Development and Flood Risk) advises highly vulnerable development, such as housing, should not be built. The development has been designed to take account of the flood plain and subject to the implementation of proposed ground level changes NRW raise no objection to the development. The implementation of these measures will be secured by condition and will ensure the development itself is not at unacceptable risk of flooding as well as ensuring it does not significantly increase the risk of flooding down stream

CONCLUSION

The development accords with relevant planning policies in respect of layout, appearance, landscaping, ecology mitigation, access and parking provision.

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Whilst the proposals will not deliver any affordable housing, in light of the 2015 HMA there is no requirement for any within the Wrexham (town) sub- area. Accordingly the proposals do not conflict with policy H7 in this instance.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of two years from the date of this permission. 2. The development shall be carried out in strict accordance with the following approved drawings: i) CRW-SP01 Revision C: Proposed Site Plan; ii) CRW-Cha-PL02: Chatsworth - Elevations; iii) CRW-Cha-PL03: Chatsworth - Elevations (render); iv) CRW-Cha-PL01: Chatsworth - Floor Plans; v) CRW-Wen-PL03: Wentworth - Elevations (render); vi) CRW-Wen-PL02: Wentworth - Elevations; vii) CRW-Wen-PL01: Wentworth - Floor Plans; viii) CRW-Ric-PL02: Richmond - Elevations; ix) CRW-Ric-PL01: Richmond - Floor Plans; x) CRW-Bea-PL02: Beaumont - Elevations; xi) CRW-Bea-PL01: Beaumont - Floor Plans; xii) CRW-Kin-PL02: Kingston - Elevations; xiii) CRW-Kin-PL01: Kingston - Floor Plans; xiv) CRW-Ban-PL03: Banbury - Elevations (render); xv) CRW-Ban-PL02: Banbury - Elevations xvi) CRW-Ban-PL01: Banbury - Floor Plans; xvii) CRW-H&O-PL03: Highfield & Oakley - Render Elevations; xviii) CRW-H&O-PL02: Highfield & Oakley - Brick Elevations; xix) CRW-H&O-PL01: Highfield & Oakley - Floor Plans; xx) CRW-Oak-PL02: Oakley Block Elevations xxi) CRW-Oak-PL01: Oakley Block Floor Plans xxii) CR-GD.04: Double Garage Details - Elevation; xxiii) CR-GD.03: Double Garage Details - Floor Plan and Section; xxiv) CR-GD.02: Single Garage Details - Elevations; xxv) CR-GD.01: Single Garage Details - Floor Plan and Section. 3. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 4. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 3 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 5. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in

Page 65 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: a) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; b) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; c) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; d) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; e) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; f) Method for protecting retained trees during demolition works; g) Details of all proposed tree works, including felling and pruning. 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. Development shall not commence until the details required by the Welsh Government (Department for Economy, Science and Transport) dated 12 February 2016 have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in strict accordance with the details as approved. 8. No part of the development shall commence until a scheme detailing the following has been submitted to and approved in writing by the Local Planning Authority: i) The detailed layout, design, drainage, lighting and construction of the proposed new carriageways and footways serving the development;

Page 66 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 ii) The detailed layout, design, drainage and construction of the 3m wide shared cycleway/footway fronting the development site; iii) A timescale for implementation of the scheme. The development shall thereafter be carried out in strict accordance with the scheme as approved. 9. Development shall not commence until an Ecological Method Statement and Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include the following: i) Details of measures that will be put in place to limit the spill of lighting from dwellings and street lights into the River Gwenfro corridor wildlife buffer zone shown on approved plan CRW-SP01 Revision C: Proposed Site Plan; ii) An invasive species remediation and management plan; iii) A biosecurity risk assessment iv) A scheme of reasonable avoidance measures in respect of otter v) An ecological management and monitoring plan for the River Gwenfro corridor wildlife buffer zone shown on approved plan CRW-SP01 Revision C: Proposed Site Plan vi) A timetable for the implementation of the all of the measures set out in the Ecological Method Statement and Management Plan. The development shall thereafter be carried out in strict accordance with the Ecological Method Statement and Management Plan as approved. 10. 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. 11. The development shall be carried out in strict accordance with the Hepworth Acoustic Noise and Vibration Consultants Recommendations for Noise Mitigation dated November 2014. Those plots for which noise mitigation measures are proposed in Section 3.0 Recommendations for Noise Mitigation and on Figure 1 - Recommended Noise Mitigation Scheme shall not be occupied until the noise mitigation measures have been implemented in full. 12. Land re-profiling shall be carried out in strict accordance with the JBA Consulting 'Addendum to the Croesnewydd FCA Update dated 27 January 2016, the JBA Consulting 'Development site flood storage' dated 22 March 2016 and the accompanying 'MUGA Flood Storage Plan'. Ground levels on the site alongside the River Gwenfro shall be raised to a minimum level of 96.3mAOD and property ground slabs shall be have minimum level of 96.45mAOD, and levels in the multi-use games area or 'MUGA' shall be lowered to 96.15mAOD in accordance with the submitted details. All ground re-profiling works shall be carried out prior to the first occupation of any dwelling hereby granted permission. 13. 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. 14. The landscaping scheme submitted and approved in connection with condition no. 13 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme.

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15. Within three months of commencement of development full details of the design and layout of the Local Area Play and the Multi-Use Games Area as shown on drawing CRW-SP01 Revision C: Proposed Site Plan together with the timescale for their construction and landscaping shall be submitted to and approved in writing by the Local Planning Authority. The Local Play Area and the Multi-Use Games Area shall thereafter be provided in strict accordance with the details as approved. 16. All landscaped areas and areas of public open space shall managed in accordance with a Landscape Management Plan that shall have been submitted to and approved in writing by the Local Planning Authority within three months of commencement of development. 17. The 3m wide footway shown on approved drawing CRW-SP01 Revision C: Proposed Site Plan shall be completed to a Highways adoptable standard along the full site frontage prior to the first occupation of any dwelling hereby granted permission. 18. Each dwelling shall be provided with parking areas in accordance with the details shown on approved drawing no. CRW-SP01 Revision C: Proposed Site Plan prior to first occupation of that dwelling. 19. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 20. Prior to the first use of the development hereby granted permission the junction of the private access road and estate road adjoining plot 52 as shown on approved drawing no. CRW-SP01 Revision C: Proposed Site Plan shall be provided within visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining carriageway. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining carriageway. The splays shall thereafter be retained clear of any such obstruction to visibility. 21. No dwelling shall be occupied until a Final Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. This plan shall include details of an annual monitoring which shall be submitted to the Local Planning Authority for written approval following the anniversary of the occupation of the first dwelling and every year after up to and including the fifth anniversary. 22. 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 that the development fully complies with the appropriate policies and standards.

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3. In the interests of the amenities of the future occupants of the buildings 4. In the interests of the amenities of the future occupants of the buildings 5. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 6. To ensure satisfactory drainage of the site and to avoid flooding. 7. In the interests of highway safety. 8. In the interests of highway safety. 9. In order to protect wildlife interests, which are afforded special protection. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. In the interests of ensuring the amenity of future occupiers of the development. 12. To reduce the potential risk of flooding to the proposed development and future occupants. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. In the interests of the visual amenities of the area and the amenity of occupiers of the development. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. In the interests of pedestrian safety. 18. To ensure adequate off-street parking for each dwelling is provided. 19. To ensure that adequate visibility is provided at the proposed point of access to the highway. 20. To ensure that adequate visibility is provided at the proposed point of access to the highway. 21. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle. 22. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

The applicant is advised that compliance with condition no. 21 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

Page 69 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

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

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

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

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

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability

Page 70 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0004 JUBILEE HOUSE, SUN LANE, 06/01/2016 BOWLING BANK, WREXHAM, LL13 9RP COMMUNITY: CASE OFFICER: Isycoed DESCRIPTION: PF CONVERSION OF BARN ADJOINING JUBILEE HOUSE TO RESIDENTIAL WARD: DWELLING AGENT NAME: Holt BLUEPRINT APPLICANT(S) NAME: ARCHITECTURAL MR STEWART RAWSON SERVICES LTD

______

THE SITE

SITE

PROPOSAL

Planning permission is sought (partly in retrospect) for the change of use and conversion of the existing barn into one single 6 bedroom dwelling with associated parking and amenity spaces. The south western single storey store portion of the building has been removed and rebuilt at single storey. Various other minor changes are also proposed such as window position alterations and design. Planning permission was granted in 2006 for the conversion of the building to a dwelling.

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HISTORY

Most relevant

P/2006/0935 Conversion of existing barn to domestic dwelling. Granted 02.10.2006

Planning history relating to the wider site known as Jubilee House

P/2001/0296 Conversion of farm building to granny flat and relaxation of Condition 01 of Planning Application No. ISY 21814. Granted 21.05.2001

P/2006/0975 Change of use from residential to holistic treatment centre. Granted 02.10.2006

P/2014/0183 Proposed extension to form new garden room, new vehicular access and garage. Refused 21.05.2014

P/2014/0520 Extension to form new garden room, improved vehicular access and garage. Granted 03.11.2014

DEVELOPMENT PLAN

The site is located outside any defined settlement limit. Policies PS2, GDP1, H3 and T8 are relevant. Guidance is contained in Local Planning Guidance Notes 3 – Conversion of Rural Buildings, 16 – Parking Standards and 21 – Space Around Dwellings.

CONSULTATIONS

A period of re-consultation was carried out on 14.04.2016 following receipt of amended plans. Any comments received as a result of this re-consultation will be reported in the addendum.

Community Council: - No provision for storage of equipment or garden items within the proposal. This should be integral to the building as at some point it could result in a request for additional buildings or sheds. The site as a whole is getting overdeveloped because of previous permissions (extension to Jubilee House and consent for a garage approved but not yet built.). Permitted development rights have already been removed in 2006 - Some structural building work has been undertaken in the past two months which is unauthorised as permitted development rights have been removed - in particular to

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the single side extension by widening the footprint and changing the monopitch roof for a gable. This new building work is shown on the elevation plan for conversion and is seen by the Community Council as a deliberate attempt by the applicant to get what they want without having to satisfy conversion tests. - The amount of new opening and raising the roofline are not in the spirit of conversion schemes or the statutory guidance e.g. the amount of new full length windows to the single storey side elevation are inappropriate given what has previously existed. The introduction of bedroom windows above one of the three large openings on the front elevation changes the emphasis to a large domestic type development rather than a conversion scheme. Raising the roof height will add to the visual massing of what is already a dominant building. Local Member: Notified 08.01.2016 Site notice: Expired 29.01.2016 Highways: No objection subject to standard conditions in relation to parking provision and access visibility splays. Public Protection: Recommend amenity nuisance condition and informative. NRW: No objection. Neighbouring occupiers: 6 neighbouring occupiers notified. 3 responses received raising the following objections: - This was never a barn conversion as it was a new building. The extension at the back of the building has been erected in the last few months. It was previously a small store; - Why does this family need three houses, is able to run a business from the premises and store equipment; - There are lights of the gate which are extremely bright; - Sutton Green is a special place not part of the town or the Industrial Estate; - The barn has never been used for agricultural activities; - No planning permission has been obtained for the recent activity;

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- Another house on the site will cause extra sewage problems; - The proposal will result in increased traffic, noise, pollution, excessive lighting and busy entrances; - The conservation of this rural area must be taken into consideration;

SPECIAL CONSIDERATIONS:

Background: Planning permission has previously been granted for the conversion of the building in question to a dwelling. This was considered and approved in 2006. This application seeks to regularise a situation whereby works have been carried out which do not conform to the approved plan. For the benefit of members I have shown below a comparison of the original 2006 approved footprint and the proposed footprint now under consideration.

P/2006/0935 approved ground floor layout

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Footprint of existing building not previously approved for conversion but forming part of this application (dashed).

Footprint of existing building not previously approved for conversion, demolished and rebuilt as part of this proposal (dotted).

Footprint of building previously approved for conversion (hard line)

Ground floor footprint of proposal now under consideration

Policy H3 of the Wrexham UDP and detailed guidance in LPG3 allow for the possibility of redundant buildings in the open countryside to be converted to residential use. The building must be of a traditional nature and of permanent materials, structurally sound and capable of conversion without rebuilding tantamount to the erection of a new dwelling and any inherent characteristics of the building should be retained. The works must also not result in an undesirable intrusion into the open countryside

I am satisfied that the building remains of a sound structural condition. The main issues for consideration are whether the alterations which have been carried out are tantamount to the erection of a new dwelling and whether they are considered to harm the character of this building and result in an undesirable intrusion into the open countryside.

Design and amenity: The design of the proposal has been the subject of amendments requested by officers. The most prominent elevation of the

Page 76 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 building is the front (east) and can be seen from some distance from the direction of Sutton Green Farm and the public right of way which passes the site. The proposal seeks to retain the character of this frontage by replacing the large doors with glazed panels. This remains in the spirit of the 2006 approval.

To the western elevation the only visible element of the alterations will be the installation of a series of rooflights. They are logically positioned and subject to them being of a ‘conservation type’ I have no objections to this.

The main alteration to the building is the erection of the single storey extension to replace a former series of store buildings. The design of the extension is considered sympathetic to the form of the existing building. Whilst it is acknowledged that policy H3 and LPG3 state that the floor plan of the existing building should be sufficient to create a habitable building, there are a number of factors which should be borne in mind in this instance. The extension has been erected on the footprint of an existing part of the building, the design of the extension is sympathetic to the existing building, and it is located on the least prominent elevation of the building. For this reason, I can see no demonstrable harm in the alterations that have already occurred together with the alterations to the building proposed. I therefore consider that the proposed development is acceptable in terms of its design and impact upon the wider landscape character. Suitable conditions will be imposed to ensure that appropriate materials and window and door finishes are agreed.

Highways: In terms of the impact of the development upon highway safety, I do not consider that the proposed development materially differs from that previously approved. Standard conditions can be imposed to ensure that the parking area and the standard of the access can be secured in perpetuity. The proposal therefore complies with policy GDP1 and T8.

Other matters: Various representations have been made observing that an electrical contracting business is being run from the property and that vans are being parked adjacent to the building. This does not form part of this proposal and the matter has been passed to the Planning Enforcement Officer. If it is deemed that there is a breach of planning control relating to this matter, this will be dealt with under normal procedure.

The issue of domestic storage is a consideration when considering rural conversions. Permitted development rights are normally removed when considering rural conversion schemes in order to allow the council to control further structures which may have a detrimental impact upon the wider landscape. This will be the case in this instance, therefore any such future proposals for structures will be considered on their own merits if and when the site occupier makes a planning application.

The proposal to convert the building to a residential use will be the subject of Building Regulations approval which will deal with issues of drainage.

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The personal circumstances and the need for the number of dwellings by a particular individual is of no consequence to the determination of this application.

Conclusion: The principle to convert this building to residential accommodation has previously been accepted. It is considered that the design alterations proposed, including the retrospective element, are acceptable. I therefore recommend as follows.

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 R056/004Sheet 1 of 2 Rev C, R056/004 Sheet 2 of 2 Rev C and R056/005 Sheet 1 of 1 Rev B and contained within the application documentation. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, F and G of Schedule 2 Part 1 and Class A of Schedule 2 Part 2, other than the development hereby granted permission. 4. Within one month of the date of this permission, details of all facing and roofing material shall be submitted to an approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the details as may be approved. 5. All roof lights hereby approved shall be 'conservation type' only fitted flush with the adjoining roof surface. 6. 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. 7. The parking and turning provision as identified on the approved plan numbered R056/005 Sheet 1 of 1 Rev B shall be permanently retained and kept clear of any obstructions other than the parking of motor vehicles. 8. The vehicular access hereby approved shall be a minimum width of 4.8 metres. 9. Notwithstanding the details contained on the approved plan, prior to the occupation of the dwelling hereby approved, details of all new and replacement boundary treatments and hard surfacing materials 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. 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

Page 78 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 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 that the development fully complies with the appropriate policies and standards. 3. The site is a traditional building within a sensitive landscape setting. It is considered necessary to control future development in the interests of the visual amenity 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 ensure the works reflect the character and appearance of the building. 7. In the interests of highway safety. 8. To ensure the formation of a safe and satisfactory access. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

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

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

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

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

Page 79 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

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

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

The applicant is advised that compliance with condition no. 10 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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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. ______

Page 81 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0097 BRYN RHEDYN, 34 HEOL 05/02/2016 LLEWELYN, COEDPOETH, WREXHAM, LL11 3PB COMMUNITY: CASE OFFICER: Coedpoeth DESCRIPTION: MP ERECTION OF DOUBLE GARAGE WITH STORAGE ROOMABOVE WARD: (REPLACEMENT OF EXISTING AGENT NAME: Coedpoeth GARAGE) DAVID B DAVIES MR DAVID DAVIES APPLICANT(S) NAME: MR NEIL MATTHEWS

______

P/2016/0097 THE SITE

Application site and approximate position/size of garage

PROPOSAL

The description above refers to the proposal as replacing an existing garage. Whilst aerial photographs suggest that there an outbuilding previously occupied the site of the proposed garage, it has now been demolished.

Page 82 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

HISTORY

P/2010/1033 Two storey extension to dwelling to form additional bedroom and kitchen. Granted 07.02.2011.

DEVELOPMENT PLAN

Within settlement limit. Policy GDP1 applies

CONSULTATIONS

Community Council: Consulted 10.2.16 Local Members: Notified 10.2.16 Site Notice: Expired 10.3.16 Neighbours: The owners/occupiers of 7 neighbouring properties notified on 19.2.16 about the initial submissions and on 11.3.16 about the submission of amended plans. The owners/occupiers of 1 dwelling were also notified on 21.3.16 regarding the submission of an additional amended plan. 1 representation received objecting to the application for the following reasons; • Loss of light; • Loss of privacy due to first floor roof lights.

SPECIAL CONSIDERATIONS

Amenity: The property immediately to the south, Moss View, has two small side facing windows overlooking the application site. However the relative position of the proposed garage to them as well as the fact that the ground floor level of Moss View is higher than the application sites means that the proposals will not prove harmful to the amenity afforded to its occupiers by way of loss of light or by being visually overbearing. There will also be no south facing windows so the garage will not result of the occupiers of that property suffering a loss of privacy.

The garage will be just over 17 metres from the conservatories of the dwellings immediately to the rear – Cheriton and Burdon. Both properties are on Waen Road and are built on ground approximately 1.3m higher than the application site. The relationship between the garage and those properties will be such that it will not harm the amenity afforded to their occupiers by way of loss of light or by being visually overbearing. The garage will have two rear facing roof lights to serve the storage room in the roof space however provided these are obscurely glazed and permanently fixed shut the use of the storage room will not significantly prejudice the standard of privacy afforded to the occupiers of Cheriton and Burdon. This is a matter that will be dealt with by condition.

The garage will be around 35 metres from the nearest dwelling on the opposite side of Llewelyn Road to the site. Despite the fact the garage will be

Page 83 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 built on ground that is elevated relative to Llewelyn Road, this distance will be sufficient to ensure it does not adversely impact upon the standard of amenity afforded to the occupiers of dwellings opposite.

Design: The garage will be clearly subsidiary in scale to no.34 and broadly sympathetic in terms appearance. Whilst it will be built ground that is elevated relative to no.34, the fact that the garage will be located towards the rear of the site means it will not be unduly prominent within or detract from the wider street scene.

CONCLUSION

The development accords with policy GDP1.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered NM/03/01 A and NM/03/03 and contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. No windows, to include roof lights, shall at any time be installed in the rear facing roof scope of the garage other than windows that are obscurely glazed and permanently fixed shut.

REASON(S)

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

NOTE(S) TO APPLICANT

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

The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow

Page 84 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

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

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

Page 85 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0196 40 FFORDD ALUN, WREXHAM, 23/02/2016 LL12 7PH

COMMUNITY: DESCRIPTION: CASE OFFICER: Acton CONVERSION OF 1 NO. ROOM TO PF HAIR DRESSING SALON

WARD: APPLICANT(S) NAME: AGENT NAME: Borras Park MR MAREK ZUKOWSKI MR MAREK ZUKOWSKI

______

THE SITE

Application site

PROPOSAL

Planning permission is sought for the partial change of use of the existing dwelling to utilise an existing side extension to be used as a hairdressing salon.

The applicant has provided a supporting statement with the application stating that the intention is to operate the salon for approximately 1-2 hours a day Monday to Friday and for 8 hours on a Saturday. The hair salon is proposed to be operated on an appointment basis only.

Page 86 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

HISTORY

None.

DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: No observations. Local Member(s): Notified 2.3.2016 Site notice: Expired 28.3.2016 Highway: No objection, but recommend conditions that the pavement kerb across the full frontage be lowered and that the access be hard surfaced for 5 metres. Public Protection: No comments. Neighbouring occupiers: 6 neighbouring occupiers notified. 10 responses received raising the following objections: - Deeds on the estate stipulate that no businesses shall be run from the premises. If planning permission is granted residents will consider action against the Council for disregarding the stipulations in the deeds; - Ffordd Tegla is a narrow street which already suffers from congestion; - Why is the salon already fitted out and in used without planning permission; - The proposed use will result in parked vehicles on the highway. At present there are a number of occasions of 2 or 3 vehicles parked in the road in addition to vehicles in front of the dwelling; - Ffordd Alun is a main bus route; - This is a residential area and there are plenty of units in the Wrexham area. This should be considered; - Such a change of use will open the floodgates for other types of businesses to open in similar areas; - The proposed use will devalue neighbouring properties; - A hair salon will look out of place in a residential area;

Page 87 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

- Parking outside residential properties will cause a loss of privacy; - How will the council monitor opening hours?; - The recommendations made by the Highways Department should be adhered to; - No signage should be erected in connection with the business; 1 response received raising the following support: - There are a lot of elderly people in the area who we think would benefit from such a business. It's nice to see young people wanting to contribute to the economy of Wrexham.

SPECIAL CONSIDERATIONS:

Amenity: The main issue to consider is whether allowing this proposal would have a detrimental impact upon the amenity of the neighbouring occupiers in this predominantly residential area. The area is characterised as a traditional housing estate formed predominantly of semidetached dwellings where the layout of the dwellings is such that the garden areas abut properties to the side and rear. This application seeks approval to operate the hair salon business from an existing side extension to the north eastern elevation of the dwelling. The property is directly adjoined by three other dwellings on the western, eastern and southern boundaries.

Members are asked to note that the existing dwelling could well be used for the purposes of hairdressing the existing dwelling occupiers, their friends or family on an ancillary basis to the occupation of the dwelling. An application for planning permission has been submitted in this instance because a specific area of the dwelling has been converted to be used solely for the use as a hairdressing salon. It is no longer solely an incidental use to the dwelling.

In accordance with the applicant’s submission, there are likely to be no more than 2 or 3 customers on a weekday, the majority visiting for an 8 hour period on Saturdays. I consider that the impact upon the amenity of the neighbouring occupiers by way of noise disturbance will be negligible. The noise emanating from hairdressing equipment will be no worse than domestic appliances. The level of visitors to the property will be limited by way of the appointment only system proposed. I do not consider that there will be a loss of privacy to the neighbouring occupiers. Planning conditions are recommended in this instance to limit the opening hours of the business, that it only operate on an appointment basis and that it be made personal to the applicant whilst resident at the property to ensure that planning permission is not granted for an uncontrolled A1 use at the property. It is suggested that opening hours between 0900 and 1800 Monday to Saturday are a reasonable.

Page 88 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

It is considered necessary in this instance to impose a temporary permission for a 12 month period in order to allow the Council to monitor the potential impact of the development. This can be imposed by way of a planning condition.

Highways: The applicant has space available on the drive for two motor vehicles. This would meet with the Council’s maximum parking standards in LPG16 for a three bed dwelling. I acknowledge the representations made by residents in terms of the busy nature of Ffordd Alun and Ffordd Tegla and the bus route in the locality. However, the main issue is whether the nature of the proposed use will significantly increase the number of motor vehicles visiting the property to a point where it could be demonstrated that such a use would severely harm highways safety.

The applicant wishes to operate their business on a small scale by appointment only. As mentioned above, I do not consider that this will result in a detrimental increase in traffic movements to the property given the appointment only nature of the visitors and the number of customers limited at any one time. The one likely vehicle movement could be compared to a normal visitor or family member to the property. Any potential overlap between visitors is likely to be marginal and again no different to domestic visitors on this predominantly residential estate. For this reason, I do not consider it justifiable to significantly alter the height of the kerb across the entire property frontage, nor completely hardstand the front garden area of the dwelling to facilitate this use.

Other matters: Issues relating to restrictive covenants are not a material consideration in the planning process and cannot be considered. The impact of this proposal on property values is also not a material planning consideration.

Representations have been made suggesting that the applicant is operating the business. Whilst the application documentation states otherwise, planning applications can be considered retrospectively in accordance with planning legislation.

Should planning permission be granted, the Council will react to any complaints it may receive should the business be operating outside the conditions opening hours through normal enforcement procedures. Any future proposals for similar developments in the locality would be dealt with on their own merits.

Conclusion: On balance I am satisfied that this proposal is unlikely to result in a detrimental impact upon the neighbouring occupiers of the site or have a negative impact upon highway safety. I recommend accordingly subject to appropriate conditions.

RECOMMENDATION: That permission be GRANTED

Page 89 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 23 February 2016 and as contained within the application documentation. 3. The hairdressing salon hereby approved shall only be operated by the owner, Mr Marek Zukowski. After the need for the hairdressing salon has ceased, the floor area shall return to a domestic use in relation to No. 40 Ffordd Alun and shall not be used for the benefit of any other business use unless otherwise agreed by the approval of a separate planning application to that effect. 4. The maximum number of customers attending the hairdressing salon at number 40 Ffordd Alun (The Premises) shall not exceed one customer at any one time. 5. The use hereby permitted shall be on an appointment basis only. 6. No customers shall be admitted to the property before 0900 or after 1800 on any day. 7. The use as permitted shall cease and be abandoned before 30 June 2017.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure that the Council can retain control over the use of the building. 4. To regulate and control activity levels and to restrict any potential intensification of use. 5. To ensure that the business is properly controlled so that the change of use does not cause harm to the amenities of the neighbouring residential properties. 6. To ensure that the business is properly controlled so that the change of use does not cause harm to the amenities of the neighbouring residential properties. 7. To allow the local planning authority the opportunity to monitor the potential impact of the development upon the amenity of the area.

______

Page 90 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0219 KRONOSPAN LTD, HOLYHEAD 29/02/2016 ROAD, CHIRK, WREXHAM, LL14 5NT COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: KH CONSTRUCTION AND OPERATION OF A RECYCLED FIBRE (RCF) WARD: RECEPTION FACILITY, GRADING AGENT NAME: Chirk South PLANT, STORAGE SILOS AND AXIS PED LTD OTHER ASSOCIATED MR MIKE HALSALL INFRASTRUCTURE

APPLICANT(S) NAME: KRONOSPAN LTD

______P/2016/0219 THE SITE

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

PROPOSAL

Proposed development of a recycled wood fibre (RCF) reception facility, grading plant storage silos and other associated infrastructure to support existing production operations on the site.

HISTORY (Most Recent)

P/2016/0336 Extension to house a new melamine facing (MF) press following the demolition / relocation of the existing MF department’s ventilation system, hydraulic oil and diesel storage tanks, a vehicle filling station, garage service building and other associated infrastructure. Current. P/2015/0728 Erection of building to contain 3 gas engines and 3 steam boilers, erection of electrical substation building oil tank compound, a duct from the press abatement system to

Page 91 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

carry process emissions to the Seka (Wesp) stack and associated infrastructure to support existing production operations. Granted 04.01.2016. P/2014/0215 2.5 metre diameter by 7 metre high extension to existing 15 metre high abatement stack. Granted 02.06.2014. P/2013/0824 Development of biomass plant, comprising biomass boiler and furnace ash, handling facility and flue, gas treatment facility including stack and air pollution control, reagent storage silos, recycled wood fibre offloading and screening facility, biomass storage area and associated infrastructure. Substitution of planning permission Code No. P/2012/0165. Granted 07.05.2014. P/2012/0165 Development of a biomass plant, recycled wood fibre (RCF) off loading and screening facility and associated infrastructure to support existing production operations. Granted 14.09.2012. P/2010/0798 Removal of existing factory entrance sign and erection of new sign with internal LED illumination. Granted 22.10.2010. P/2007/0593 Urea silo and resign reactor. Granted 07.08.2007. P/2007/0054 Five bay warehouse extension. Granted 12.03.2007

DEVELOPMENT PLAN

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

Consideration is also required of the following documents:- Planning Policy Wales (Edition 8 January 2016) and TAN 12 Design (2014)).

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

CONSULTATIONS

Town Council: No objections. Local Member: Councillor Terry Evans, Chirk South – Notified Adjoining Local Member Councillor Ian Roberts, Chirk North – Notified Public Protection: Conditions required. Highways: No recommendations in this instance. It is anticipated that the proposal will not increase traffic generation at the site and will not, therefore, adversely impact on B5070 Holyhead Road. Welsh Water: Consulted Natural Resources Wales: The existing Environmental Permit should be varied to include the changes to ensure the

Page 92 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

permit accurately reflects all the processes and procedures being undertaken by Kronospan. Should ensure no biodiversity interests affected. Canal and River Trust: Whilst the development would have a significant rural impact on the surrounding area as a result of the scale and height of the proposed structures, it would clearly be viewed in the context of the existing industrial plant on the site, with bulky chimney stacks and other large buildings. The visual impact of the development when viewed from the adjacent stretch of the Llangollen Canal would be reduced as a result of the depth of the cutting and the steeply wooded slopes on the embankment. The new development would be set back from the cutting and contained by the railway. The Canal and River Trust are satisfied that the visual impact on the Wide- World Heritage Site and buffer has been adequately assessed and raise no objections. Clwydian Range and Dee Valley AONB Joint Committee: Although outside the AONB, Kronospan and adjoining industrial areas are clearly within the setting of the protected landscape and impact on views from the end of the AONB as well as nearby heritage assets of the World Heritage Site and Chirk Castle. It will be seen both from the AONB and a number of other vantage points. Whilst the development is large in scale it will be seen in the context of the much larger existing Kronospan complex and the impact on the AONB will be no greater than at present. Welsh Government (CADW): The proposed development is located within the vicinity of the scheduled monuments – various sections of Offa’s Dyke, the Pontcysyllte Aqueduct and Canal and within the buffer zone of the World Heritage Site, Pontcysyllte Aqueduct and Canal. The development site is in close proximity to the scheduled area of the canal. Whilst the reception building and grading plant are to be relatively low, the silos will be substantial structures of up to 32m in height and likely to be directly visible from the canal tow path and clearly will have some degree of impact on the World Heritage Site. The new structures will, however, be seen against the backdrop of the more extensive Kronospan complex.

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Whilst it will add to overall mass and will incrementally add to its adverse effect of the settings of listed monuments and the World Heritage Site buffer zone it will be unlikely to significantly change the overall appearance of the complex in views from the Canal or Offa’s Dyke and only have a minor adverse impact on the essential setting of or any sense of place or arrival to the World Heritage Site. Other Representations: Two objections on the grounds of noise and disturbance. Site Notice: 10 – Expired 31.03.16 Press Notice: Expired 15.04.16

SPECIAL CONSIDERATIONS/ISSUES

Proposal: The proposed development is part of an on-going environmental improvement at the site. The development would provide:- • a material reception building • a grading plant • a number of enclosed conveyors • six storage silos • an enclosed blow line

The materials reception building would be located to the north east corner of the application site and approximately 18m x 15m in plan area and 8.5m in total height to ridge. The building would be open to the east to allow access by front loaders and fast acting roller shutter doors on the south and north elevations to allow access and egress of HGV’s. The building would be orientated so the closed elevation faced prevailing winds and reducing dust emissions during unloading.

The floor would be graded above a chamber (1.5m in depth) containing collecting belt conveyors which would convey material up to the grading plant. All unloading operations would occur within the building.

The grading plant would be approximately 6m in height and located to the west of the materials reception building. It would contain 2 disc screens, an overbelt magnet to remove metals and a rechipper which would process the imported RCF into various particle sizes. The grading plant would be connected to 6 storage silos via enclosed conveyors and blowlines. The conveyors rise to approximately 35m in maximum height as they would rise to the top of each silo.

Deliveries of hacker chips would take place to the south east of the RCF. Infrastructure would be the same as the RCF reception, however the process would not take place in a building as hacker chips are not dusty. The hacker chip chamber, located 6m beneath the grading would contain collecting belt conveyors connected to inclined enclosed conveyors which would take chips directly to storage silos.

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There would be 6 silos, 4 of which would be 25m in diameter (approximate capacity of 10,000 m3). Silos 1 and 2 (northernmost) would be 25m in height and would store RCF. Silos 3 and 4 (southernmost) would be 32m and used for storing hacker chips. Chambers 5m beneath silos 1-4 enable material to be released for transportation and a further screening area and then to the production process via 2 vertical lift conveyors and 2 horizontal 12.5m and 13m high covered conveyors.

Two additional smaller silos would be 12m in diameter (capacity 1,500m3). Silo 5 would be used for storing boiler fuel (fines and bark) and the other silo 6 for sawdust. Material would be transported to the production process via a vertical lift conveyor and horizontal conveyor 13m in height.

There would be a manual loading point for bark/chips at the northernmost point of the application site, connected to which would be plant containing metering equipment, an overbelt magnet to remove metals, a disc screen to sort the material and inclined conveyor to deliver material to the appropriate silo for the size of the material.

ENVIRONMENTAL EFFECTS/BENEFITS

Noise: A comprehensive noise assessment accompanies the application enabling any potential noise impact on existing residential properties from the operation of the proposed development. Existing background noise monitoring data used along with contemporary site specific monitoring to determine baseline noise levels at nearby residential properties. At nearest properties existing intermittent noise from local and distant traffic, intermittent rail movements and noise from existing industrial activities in the areas.

It has been agreed with Wrexham County Borough Council that any development should aim to prevent existing noise currently experienced by the nearest residential receptors from increasing. It is necessary to ensure noise from the proposed development at least 10dB(A) below existing residual noise levels.

Whilst the RCF has the potential to give rise to noise impacts, the design of the facility is such to mitigate noise impacts, eg sound insulation, selection of plant and a reduction of loading vehicles moving around the wood storage yard.

Noise modelling undertaken indicates that increase in noise levels would be low and noise contribution from the development is at least 10dB(A) below existing residual noise levels. The introduction of the plant would not result in noise levels from the Kronospan site and, therefore, no cumulative increases in noise to any of the assessment positions.

Air Quality: Plans allow for a covered reception facility conveyed to a grading plant and conveyed in enclosed conveyors to the silos and into the manufacturing process.

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Whilst the building would be open on one side, material is tipped from the trailers into the graded floor with the building orientated to be open from the east, away from prevailing wind direction.

The RCF facility would significantly improve local air quality.

Landscape and Heritage Assets: The proposal has the potential to impact on landscape and various heritage assets. Consideration is required of the impact on the Pontcysyllte Aqueduct and Canal World Heritage Site and the setting of the asset within its buffer zone. The proposed development will be viewed directly from the Inscribed site at the towpath within the vicinity of Chirk Marina as well as from wider viewpoints from within the buffer zone. Kronospan and adjoining industrial areas are also within the setting of the protected landscape, the Clwydian Range and Dee Valley, AONB.

Whilst concerns have been raised by Conservation, CADW, Canal River Trust and the Joint Committee of the AONB they have not objected on the basis of the existing industrial backdrop and the extensive nature of the existing substantial structures.

It will not appear out of context with existing development and any incremental adverse impact on the heritage assets will not be significant.

Conclusion: The proposed development is part of on-going environmental improvements at the site and will provide a scheme which will significantly improve local air quality. Currently, the material can be unloaded anywhere within the wood processing yard, making the control of dust difficult during certain weather conditions. The new facility will significantly improve local air quality in regard to dust emissions. The noise assessment has indicated an increase in noise levels to be low. The proposed development would not result in an increase in existing noise levels from the Kronospan site and there would not be a cumulative increase in noise.

With regard to the visual impact of the development, whilst 4 of the storage silos are substantial in diameter and height, seen in the context of the existing substantial industrial complex, there will be no significant change in the general visual amenities of the areas or on the impact of heritage assets.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.

Page 96 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

3. No work in connection with the construction of the scheme hereby approved shall take place until Noise and Dust Management Plans for the construction phase have been submitted to and approved by the Local Planning Authority. The approved Noise and Dust mitigation measures shall be fully implemented for the entire duration of the construction phase. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 5. Within 6 months of the date of this permission a landscaping strategy to mitigate the visual impact of the site from public view points shall be submitted to and approved in writing by the Local Planning Authority. The approved strategy shall be fully implemented within 12 months of the date of this permission.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. In the interests of nearby residential amenity. 4. To protect the amenities of the occupiers of nearby properties. 5. To reduce the impact of the site on the wider visual amenities of the area.

NOTE(S) TO APPLICANT

You are advised that Condition 5 above requires additional planting and screening on land within the applicant’s ownership outside the site. The purpose of the landscaping strategy is to identify key vantage points, particularly from the adjoining World Heritage Site and Clwydian Range and Dee Valley AONB and introduce appropriate planting to screen direct medium and long distance views of the site from these areas.

The applicant / developer is advised to contact the Third Party Works Team (01782 779909) in order to ensure that any necessary consents are obtained and that the works comply with the Canal and River Trust "Code of Practice for Works affecting the Canal and River Trust".

The existing Wrexham County Borough Council (WCBC) Environmental Permit should be varied to include the changes (recycled fibre reception building, grading plant, enclosed conveyors, six storage silos, enclosed blowing line and associated infrastructure) to ensure the permit accurately reflects all the processes and procedures being undertaken by Kronospan.

The applicant is advised that compliance with condition no. 4 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise

Page 97 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 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.

______

Page 98 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0229 17 DRWS Y COED, WREXHAM, 04/03/2016 LL13 7QB

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa FIRST FLOOR EXTENSION OVER PF GARAGE AND INTERNAL WORKS

WARD: APPLICANT(S) NAME: AGENT NAME: Erddig MR & MRS LEE JONES CB ARCHITECTURAL DESIGN MR CRAIG BAUGH

______

THE SITE

Application site

PROPOSAL

Planning permission is sought for the erection of a first floor extension above an existing attached garage to the side of the property. The existing 4 bed dwelling would be retained with enlarged room sizes.

HISTORY

None.

Page 99 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: No comment. Local Member(s): Notified 14.3.2016 Site notice: Expired 7.4.2016 Neighbouring occupiers: 7 neighbouring occupiers notified. 1 response received raising the following points: • The proposed elevation going on top of an existing garage would severely restrict the light into the neighbouring kitchen and into its bathroom which are on the side elevation adjacent to the proposed extension. • Both properties are not level on the elevation, being on a dip of 400mm which further adds to the overlooking. • Concern about the proximity to the neighbouring dwelling.

SPECIAL CONSIDERATIONS:

Design and amenity: The proposed extension is sympathetic to the character of the existing dwelling and in the context of the existing street scene. The neighbouring dwelling (no. 19) features a similar frontage to the proposed extension. Whilst they feature larger frontages, I consider they will appear acceptable in the context of the wider residential street frontage.

The side facing windows on the neighbouring dwelling (no. 19) are non- habitable and consists of a bathroom window and secondary kitchen door. I am satisfied that the extension as proposed, whilst in close proximity to the boundary, will not result in a detrimental loss of amenity or outlook for the neighbouring occupiers. The extension would accord with the guidance contained in LPG20 on this issue.

For the benefit of members an image of the existing dwelling along with the proposed front elevation of the dwelling is shown below.

Page 100 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

Existing property frontage

Proposed front elevation

The proposed extension will not result in any loss of privacy as there are no facing windows toward the side elevation of the neighbouring dwelling.

Parking: The proposal will not result in the loss of any existing parking provision, nor will it require any additional provision. It accords with LPG16.

Conclusion: I consider that the proposed development will result in an acceptable extension to a dwelling which will accord with the guidance set out in local planning policy. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

Page 101 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 718/L(9) 01 Rev A and 718/L(2) 02 Rev B and contained within the application documentation. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no windows or other openings shall be inserted in any elevation of the extension facing No. 19 Drws y Coed.

REASON(S)

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

NOTE(S) TO APPLICANT

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

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

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

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal

Page 102 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

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

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

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

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

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

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

______

Page 103 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0264 CANA CHAPEL, 14 ST ALBANS 14/03/2016 ROAD, TANYFRON, WREXHAM, LL11 5SY COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: PF CONVERSION TO 5 NO. TWO BEDROOM DWELLINGS, WARD: CONSTRUCTION OF CAR PARKING AGENT NAME: Brymbo DEMOLITION OF REAR SECTION MR NICK WOOLLEY AND LANDSCAPING

APPLICANT(S) NAME: MR NICK WOOLLEY

______

THE SITE

Site

PortionPortion of buildingof building to be demolishedto be demolished

Access

PROPOSAL

Planning permission is sought in full for the conversion of the existing building into 5 no. two bedroom dwellings with associated shared parking provision for 8 no. vehicles and cycle storage. The existing building consists of a former chapel but has been used for a number of years as a dance studio.

Page 104 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

HISTORY

BRY/11259 Conversion to domestic accommodation and garage. Granted 19.09.1984 BRY/14300 Change of use of chapel to community use. Granted 10.08.1987

DEVELOPMENT PLAN

The site is located inside settlement. Strategic policies PS1, PS2, PS3 and PS4 as well as site specific policies GDP1, GDP2 and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 16 – Parking Standards, 21 – Space Around Dwellings and 27 – Education Contributions.

CONSULTATIONS

Community Council: Consulted 02.03.2016 Local Member(s): Notified 02.03.2016 Site notice: Expired 28.03.2016 Highways: No objections. Conditions recommended to ensure that parking and turning provision are retained and that the improvements to visibility are implemented. Public Protection: Recommend conditions relating to construction nuisance. NRW: No objection. Welsh Water: Consulted 14.04.2016 CPAT: Advise that a photographic survey be carried out prior to commencement of development. CAPEL: No objection subject to the provision of a photographic survey. Neighbouring occupiers: 12 neighbouring occupiers notified. 3 responses received raising the following objections: - The proposed conversion will affect the privacy of occupiers of dwellings along Park Road which bound the site; - The village is currently under strain as a result of the developments at College Fields and Mountain View. The school cannot continue to cope under such pressure; - Local bus services run through Park Road causing dangers to pedestrians and loss of parking facilities. The proposed development will add further pressure and disruption to residents;

Page 105 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

- The proposed creation of a car park will impact upon a right of access to properties along park Road which will impact upon privacy; - The neighbouring house to the east is lower than the garden area proposed and there are concerns about surface runoff into this garden causing damp issues to occur. The right to light and privacy to this property will be harmed; - The plans state that trimming of an existing hedgerow which is not within the ownership of the applicant; - The area proposed for recycling and parking bay 1 would cause obstruction to the neighbouring driveway. There is room for one or the other but not both; - The access point is only 12 foot wide. It would be a hazard for the 8 vehicles in the proposed plan bearing in mind that the neighbouring property has space for 4 vehicles on their land equalling 12 vehicles to enter and exit the site. With the number of vehicles mentioned it would also be unsafe for any of the proposed five properties and the neighbours to use this as a pedestrian access without risk of being knocked over. - Consideration must also be given to the possible increase of vehicles to the street in the form of friends and family visiting the new dwellings (potentially 24- 7).

SPECIAL CONSIDERATIONS:

Design and amenity: The proposed conversion will result in minimal alterations to the front and side elevations of the building apart from the insertion of new windows and doors. The main alteration to the building will consist of the removal of a later extension to the rear to facilitate the provision of a car park to serve the development. Whilst the building is not subject to any statutory protection, it is imposing within the streetscene although of unremarkable design. Those alterations to the windows, particularly on the eastern elevation have attempted to respect this original design in the proposed alterations with the top parts of the windows retained and new doors/openings inserted directly below. I am satisfied that the proposed alterations will not erode its character.

Page 106 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

The proposal will result in the addition of a first floor to the building to facilitate bedrooms. The window openings will consist of the utilisation of the tops of the existing chapel windows as low level lights and the installation of roof lights. These will face in an east and west direction towards the existing neighbouring dwellings. To the east, the side elevation and garden area of no. 13 St Albans Road forms the boundary. The finished floor level of no. 13 and its garden area is set at a lower level than the application site (approx. 1 metre). A relatively new close boarded boundary fence sits on the boundary at the level of the application site with the side elevation of the dwelling forming the remainder. I am satisfied that, given this substantial boundary treatment and the nature of the window openings at first floor level there will be limited opportunity for overlooking or loss of privacy. At ground floor level, to the external area, decking is proposed for a short distance from the finished ground floor level of the building. Again, due to the substantial boundary treatment and the distance between the boundary and the decking, I do not consider that overlooking will occur to the detriment of either occupier concerned. There are two side facing windows towards the application site at no. 13. Previous planning records show the upper window to be a landing window and the ground floor window to be as secondary lounge window. There would be the possibility of a loss of privacy to this lower window by way of occupation of the proposed garden area. However, planning permission would not be required to erect a means of enclosure up to 2 metres in height on this boundary within the control of the applicant. If this were carried out, I do not consider that there would be a loss of amenity to the occupier of no. 13 given that this window is a secondary window and there is not right to a particular outlook of neighbouring land in planning terms. A condition will be recommended to approve suitable boundary treatments. A photograph of the area concerned is shown below.

Eastern boundary

Impact upon the amenity of the neighbouring occupiers to the west would be limited. There are limited opportunities for overlooking at ground floor as this elevation serves as the front doors to the proposed units. Again, at first floor the situation is similar to the scenario on the eastern elevation in terms of limited outlook from the proposed rooms.

Page 107 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

Western boundary

The proposal to utilise the land around the building as parking provision will not result in a loss of privacy to the neighbouring occupiers beyond the situation currently experienced. The curtilage to the chapel building is open to existing users of the dance school where limited cursory glances towards the amenity areas of the neighbouring dwellings can occur. Any impact upon rights of access to third party land is a matter for the parties concerned.

Highways: The existing building does not benefit from any formal parking arrangements and features a limited area of hardstanding. Vehicular and pedestrian access is available on to St. Albans Road.

The proposal seeks to provide 8 spaces. The maximum provision for the proposal in accordance with LPG16 would be 10 spaces. The current lawful use of the building (D2) would require a maximum of 20 spaces in accordance with the same guidance. The use is uncontrolled, therefore it could be used for any use within the D2 use class such as a bingo hall, cinema or music hall.

Representations have been received concerned about the impact of the development upon the existing highway network in terms of traffic movements and parking congestion in the locality. Whilst this proposal would provide parking provision two short of the maximum provision in LPG16, this is guidance and is a maximum requirement and not a minimum. This proposal seeks to provide off road parking provision where there are currently no formal arrangements. This would remove the need for vehicles to park on the highway to utilise the site. Whilst there may be occurrences where vehicles associated with the proposed use may park on the highway, I consider the potential number to be negligible in comparison to the existing parking demand. I therefore do not consider that this proposed development will result in an unacceptable impact upon the safety of the existing highway network.

The proposal seeks to utilise the existing vehicular access. Highways are satisfied that whilst the access cannot provide the maximum required visibility

Page 108 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 splays in accordance with Manual for Streets 2, improvements can be made to the existing situation by the reduction in the frontage hedgerow to the east to improve the situation. Improvements to the west are limited due to third party land. I do not consider that the level of usage of this access would be significantly materially different to the current potential traffic movements from the site. Suitable conditions can be imposed to secure improved visibility.

I am satisfied that the proposed internal site layout can accommodate sufficient turning provision and would not impact upon the third party access rights. Nevertheless, any disputes relating to amendments to third party access rights are a civil matter between the interested parties and are not a planning matter.

Contributions: In accordance with policy GDP2 and LPG27, where there is an identified shortfall in education provision, monetary contributions to mitigate the negative impacts of the development can be sought. I am currently awaiting confirmation from the Council’s education service to determine whether there is an identified shortfall in the locality. If so, this will be reflected in an amended recommendation forming part of an addendum report to this item.

Conclusion: I am satisfied that the proposed conversion of the building will result in acceptable form of development that would be sustainable in this settlement location, would not result in harm to highway safety or represent a detrimental impact upon the neighbouring site occupiers. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered PL02, PL03, PL04 and PL05 and contained within the application documentation. 3. 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). 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). PL04 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. 5. Notwithstanding the details contained within the approved plans and documentation, prior to their erection, full details of all means of boundary

Page 109 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 enclosures shall be submitted to and approved in writing by the local planning authority. The detail shall include the proposed positions, measurements and materials proposed. The development shall be carried out strictly in accordance with the detail as may be approved. 6. Prior to the occupation of any dwelling hereby approved, a means of boundary enclosure shall be erected to a minimum height of 1.5 metres along the boundary of the site as indicated in red on the approved plan. The detail of the enclosure shall be submitted to and approved in writing by the local planning authority in conjunction with the detail as required by condition no. 5. 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. 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. 9. All roof lights hereby approved shall be 'conservation type' only fitted flush with the adjoining roof surface. 10. Prior to their installation on the building, drawings fully detailing all new or 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 and include cross sections for glazing bars, sills and heads etc. The works shall only be carried out in strict accordance with such details as are approved. 11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, F or G of Schedule 2 Part 1 or Class A of Schedule 2 Part 2 other than the development hereby granted permission. 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. 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. Prior to the first use of the development hereby approved, the vehicular access shall provide a visibility splay of 2.4 metres by 25 metres to the east measured to the nearside edge of the adjoining highway. Within these spays 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 in this condition thereafter.

Page 110 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To provide for a record of a building or buildings of local architectural or historic interest 4. 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. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. In the interests of the amenity of the occupiers of the proposed development and the neighbouring site occupiers. 7. To protect the amenities of the occupiers of nearby properties. 8. To ensure the works reflect the character and appearance of the building. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To ensure the works reflect the character and appearance of the building. 11. The dwellings are located in a prominent position with limited amenity space. To not control future development on site may lead to a substandard level of accommodation for future occupants. 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. To ensure that adequate visibility is provided at the proposed point of access to the highway.

NOTE(S) TO APPLICANT

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

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

The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and

Page 111 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place.

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

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

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

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

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.

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

Page 112 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016 please contact the Council's Housing and Public Protection Department on 01978 315300.

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

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

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

Page 113 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

APPLICATION NO: LOCATION: DATE RECEIVED: P/2016 /0279 CLAYTON ARMS MOSS HILL MOSS 16/03/2016 WREXHAM LL11 6ES COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: MP ERECTION OF 1 NO. DETACHED DORMER BUNGALOW ON SITE OF WARD: FORMER CAR PARK AGENT NAME: Bryn Cefn KE-DESIGN APPLICANT(S) NAME: MR CRAIG MARSTON MR & MRS ALEC STEPHENSON

______P/2016/0279 THE SITE

Application site and approximate footprint of dwelling

PROPOSAL

As above.

HISTORY

P/2011/0267 Change of use of public house to residential dwelling. Granted 6.6.2011

Page 114 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

DEVELOPMENT PLAN

Within settlement. Policies GDP1, H2 and T8 apply.

CONSULTATIONS

Community Council: Consulted 22.3.2016 Local Member: Notified 22.3.2016 Highways: Have made the following comments: - The proposed access provides adequate visibility on to the highway; - The parking and turning area needs extending by approximately 1.2m to ensure adequate turning is achievable; - A paved area is to be constructed between the edge of the highway and the dwelling itself. It is recommended that a kerb is constructed along the site frontage to ensure the area is safe for residential use; - The salt bin store to the north of the existing car park can be moved to another suitable location with prior agreement from the Highways department. - Conditions recommended. Public Protection: Condition and advisory notes recommended in respect of measures to limit the impact of construction. NRW: No comments. Welsh Water: Consulted 22.3.16 Site Notice: Expired 14.4.16 Neighbours: The owners/occupiers of 7 nearby dwellings notified on 29.3.16. 2 objections received expressing the following concerns: - Loss of privacy - Loss of light - Overshadowing - Loss of sunlight to gardens - Slope stability

SPECIAL CONSIDERATIONS

Background: The application site is the car park of the former Clayton Arms public house, which is now in use as a dwelling. Permission to convert the public house to a dwelling was granted in 2011.

Policy: Subject to complying with policy GDP1 in respect of access, siting, design and the impact upon neighbouring properties, the erection of a dwelling on the site accords with policy H2.

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Amenity: The land drops away considerably to the east of the site meaning that the dwellings on Pendwll Road are built on ground that is much lower. Taking account the differences in ground levels LPG21 would advise a separation distance of nearly 50 metres between the proposed dwelling and the nearest properties on Pendwll Road: Fairholme and Parkside. The actual separation distance will be around half that. It should however be remembered that LPG21 provides guidance rather than setting ridged standards therefore depending upon the specific characteristics of the site and its immediate surroundings departing from LPG21 advice does not automatically mean permission should be refused.

In this particular case the dwellings to the east are built on ground so much lower than the site that the outlook from those properties are dominated by the steep bank separating them from the proposed dwelling. As such the development will not prove overbearing or result in significant overshadowing. I am also satisfied that despite the differences in ground levels, the development will not result in the occupiers of properties on Pendwll Road suffering significant loss of light.

The proposed dwelling will windows facing towards the properties on Pendwll Road, however because they are built on ground that is so much lower the development, the windows will not permit significant directly overlooking. As such I am satisfied the development will not significantly reduce the privacy afforded to the occupiers of those properties.

The position of the proposed dwelling relative to other nearby properties is such that it will not prove harmful to the amenity of their occupiers by way of loss of light, privacy or by being visually overbearing.

Design: The dwelling will be orientated at 90 degrees to Moss Hill and will have a relatively contemporary appearance. Given that existing dwellings in the area are varied both in terms of siting and architectural style I am satisfied the development is broadly in keeping with the character of the locality.

Access and Parking: The site access will benefit from adequate visibility in both directions therefore the development will not prejudice highway safety.

The dwelling will be provided with 2 parking spaces. Whilst this is 1 less than the LPG16 for the 3 bedroom dwelling proposed, however there is sufficient room for an additional space to be provided should the occupiers require it in future. I am therefore satisfied the development will not give rise to parking problems in the locality.

The submitted plans do not provide sufficient room for vehicles to turn and manoeuvre within the parking area, however this matter can be addressed via a relatively minor amendment to the plan. A condition will be imposed to require the amended plan to be submitted.

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Slope Stability: Concerns have been expressed about the impact the development will have on the stability of the sloping ground to east of the site. Whilst I fully appreciate these concerns it is for the applicant/ a future developer to secure the stability of the site during and after construction. I have no reason to believe that there is not an engineering solution to ensure the stability of the site, the proposed dwelling and land within the gardens of neighbouring properties.

CONCLUSION

I am satisfied the proposed development is broadly in keeping with the character of the area and can take place without unacceptable impacts upon residential amenity or highway safety. As such it 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 1519-MA(00)00001 and 1519-MA(00)0002 and contained within the application documentation. 3. Notwithstanding approved plan no: 1519-MA(00)0001 no dwelling shall be occupied until parking and turning area(s) have been fully laid out, surfaced and drained prior to first occupation of the dwelling in strict accordance an amended plan that shall first have been submitted to and approved in writing by the Local Planning Authority. The parking and turning area(s) shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 4. 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. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the centreline 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. 6. Prior to the first occupier of the dwelling a kerb edging shall be provided along the site frontage in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority. 7. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway.

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8. Landscaping shall be fully implemented in strict accordance with approved drawing no. 1519-MA(00)0001 prior to the first occupation of the dwelling with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following first occupation. 9. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 10. 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. 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. 12. 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

REASON(S)

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

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NOTE(S) TO APPLICANT

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

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

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

It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the- influencing-distance-of-mine-entries

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

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

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

Page 119 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

LIST OF DELEGATED DECISIONS ISSUED

GRE P/2006/0397 AFC TRAINING GROUND, COLLIERS NEW ARTIFICIAL FOOTBALL PITCH GRANTED PARK, CHESTER ROAD, GRESFORD, WITH NEW FLOODLIGHTS OVER 08/04/2016 WREXHAM, , LL12 8PW EXISTING SMALLER PITCH

CEF P/2006/1275 Land off, Queen Street, Cefn Mawr, Erection of 5 no. two storey dwellings and REFUSED Wrexham, , LL14 3BD construction of new vehicular and 08/01/2007 pedestrian access

CEF P/2010/0768 TREFYNANT HALL, TREFYNANT ERECTION OF 2 DWELLINGS - GRANTED PARK, ACREFAIR, WREXHAM, , LL14 ALTERATIONS TO PREVIOUSLY 14/04/2016 3SR APPROVED SCHEME (P/2009/0684)

WRO P/2013/0866 WREXHAM MAELOR HOSPITAL, RETENTION AND CONTINUED USE OF GRANTED CROESNEWYDD ROAD, , WREXHAM, PORTACABIN AS CONSULTANTS 19/04/2016 , LL13 7TD OFFICE

LGC P/2014/0693 BRYN GWYN, PANT ROAD, GLYN BATHROOM EXTENSION WITH GRANTED CEIRIOG, WREXHAM, , LL20 7HD INTERNAL ALTERATIONS AND AND 19/04/2016 NEW NEW ROOF TIED INTO EXISTING

GWE P/2015/0019 UNIT 3, RHOSDDU INDUSTRIAL CHANGE OF USE TO FORM DANCE GRANTED ESTATE, , WREXHAM, , LL11 4YL STUDIO AND CHILDRENS 14/04/2016 ENTERTAINMENT VENUE (CLASS D2)

HAN P/2015/0276 KEEPERS COTTAGE, SANDY LANE, DEMOLITION OF OUTBUILDINGS AND GRANTED HANMER, WHITCHURCH, , SY13 3DL ERECTION OF TWO-STOREY AND 31/03/2016 SINGLE-STOREY EXTENSIONS

OVE P/2015/0455 THE ORCHARDS, STATION ROAD, REMOVAL OF CONDITION 2 OF GRANTED OVERTON, WREXHAM, , LL13 0LJ PLANNING PERMISSION OVE 15283 TO 08/04/2016 ALLOW REMOVAL OF AGRICULTURAL WORKER OCCUPANCY CONDITION

BAN P/2015/0622 BANK FARM CARAVAN PARK, OUTLINE APPLICATION FOR ERECTION REFUSED WHITCHURCH ROAD, RAGGS HILL, OF 2 DWELLINGS WITH ALL DETAILED 14/04/2016 BANGOR ON DEE, WREXHAM, LL13 MATTERS RESERVED FOR FURTHER 0BD APPROVAL

CEF P/2015/0827 FORMER TRINITY PRESBYTARIAN APPLICATION FOR APPROVAL OF GRANTED CHURCH, LLANGOLLEN ROAD, DETAILS RESERVED BY CONDITIONS 31/03/2016 ACREFAIR, WREXHAM, , LL14 3SF IMPOSED UNDER PLANNING PERMISSION P2014/0401 CONDITION 2 - DETAILS OF ALL EXTERNAL DOORS AND WINDOWS CONDITION 7 - DESIGN / LANDSCAPING DETAILS CONDITION 11 - PHOTOGRAPHIC SURVEY OF THE EXISTING BUILDINGS ON THE SITE

Page 120 REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 3rd MAY 2016

GWE P/2015/0939 1, OAK HOUSE, OAK ALYN COURT, SINGLE STOREY REAR EXTENSION GRANTED CEFN Y BEDD, WREXHAM, LL12 9YT AND SIDE PORCH EXTENSION (IN 24/03/2016 RETROSPECT)

WRC P/2015/0952 GWENFRO C P SCHOOL, APPLICATION FOR APPROVAL OF GRANTED QUEENSWAY, , WREXHAM, , LL13 COINDITIONS IMPOSED BY PLANNING 31/03/2016 8UW PERMISSION P2015/0705 CONDITION 7 - TREE PROTECTION FENCING AND GROUND PROTECTION MEASURES CONDITION 9 - SCHEME FOR THE COMPREHENSIVE AND INTEGRATED DRAINAGE OF THE SITE CONDITION 12 - SCHEME TO DEAL WITH POTENTIAL CONTAMINATION AT THE SITE CONDITION 17 - APPROPRIATE DUST MANAGEMENT SCHEME

COE P/2015/0967 PLAS POWER HOME FARM APPLICATION FOR APPROVAL OF GRANTED BUILDINGS, RUTHIN ROAD, DETAILS RESERVED BY CONDITIONS 15/04/2016 COEDPOETH, WREXHAM, , LL11 3BP IMPOSED UNDER PLANNING PERMISSION CODE NO P/2013/0093 CONDITION 5 - SUBMISSION OF THE DESIGN, DRAINAGE AND CONSTRUCTION OF THE NEW ACCESS ROAD AND INTERNAL SITE ROADS CONDITION 6 - SUBMISSION OF A SCHEME FOR THE COMPREHENSIVE AND INTEGRATED DRAINAGE OF THE SITE INDICATING HOW FOUL WATER, SURFACE WATER AND LAND DRAINAGE WILL BE DEALT WITH

ROS P/2016/0010 TREVALYN HALL, CHESTER ROAD, LISTED BUILDING CONSENT TO GRANTED ROSSETT, WREXHAM, , LL12 0HH EXPOSE FIRST FLOOR 16TH CENTURY 18/03/2016 FIREPLACE AND RELOCATE EXISTING EARLY 19TH CENTURY FIRE SURROUND AND HOB GRATE TO GROUND FLOOR ROOM

WRA P/2016/0027 25, KENSINGTON GROVE, , CROWN THIN TWO MATURE SYCAMORE GRANTED WREXHAM, , LL12 8AJ TREES WITHIN THE REAR GARDEN BY 10- 23/03/2016 15% REMOVING CROSSING, RUBBING AND DUPLICATE BRANCHES WITHIN THE CROWN TO IMPROVE CROWN STRUCTURE AND AIR FLOW. REDUCE THE LOWER LATERAL BRANCHES BY 2-3 METRES BACK TO SUITABLE SIDE BRANCHES WHILST RETAINING GOOD OVERALL SHAPE AND FORM. A SMALL REDUCTION OF SELECTED BRANCHES WITHIN THE CROWN TO IMPROVE SHAPE AND FORM WILL BE UNDERTAKEN ONCE THE LOWER LATERALS ARE REDUCED WITH A MAXIMUM OF 1.5 METRE REDUCTIONS. REMOVE THE LOWER EPICORMIC GROWTH BACK TO THE MAIN STEM

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WRR P/2016/0029 150 NEW ROAD, RHOSDDU, T1 OAK - FELL TO GROUND LEVEL GRANTED WREXHAM, , LL11 2HD (TREE PROTECTED BY TPO WMBC NO 23/03/2016 141)

RHO P/2016/0043 22 GARDDEN ROAD, TWO STOREY SIDE EXTENSION, GRANTED RHOSLLANERCHRUGOG, SINGLE STOREY REAR EXTENSION 11/04/2016 WREXHAM, , LL14 4EW AND FRONT CANOPY / EXTENSION

ABE P/2016/0066 PUMPING STATION AND ADJACENT ERECTION OF 11KW OVERHEAD LINE GRANTED AREA, REDWITHER ROAD, SUPPORTED BY WOOD POLES 14/04/2016 WREXHAM INDUSTRIAL ESTATE, WREXHAM, , LL13 9QA

GRE P/2016/0067 MARFORD WOOD, WEST OF VARIOUS WORKS TO TREES IN GRANTED WOODLANDS ROAD AND MARFORD WOOD (TREES PROTECTED 31/03/2016 WOODRIDGE AVENUE, AND SOUTH BY TPO WCBC NO 83) FROM BEECH LANE TO TURNPIKE PLEASE REFER TO SCANNED SURVEY LANE, MARFORD, WREXHAM, , LL12 8SS

BRY P/2016/0073 THE BUNGALOW, OFF VALLEY DEMOLITION OF EXISTING DWELLING GRANTED ROAD, FFRITH, WREXHAM, , LL11 AND ERECTION OF REPLACEMENT 24/03/2016 5LP DWELLING

LLR P/2016/0076 TEGFAN, GARTH ROAD, GARTH, TWO-STOREY FRONT EXTENSION GRANTED WREXHAM, , LL20 7UY 08/04/2016 WRA P/2016/0085 DANYCOED, 3 HOLLY WALKS, , T1 SYCAMORE, T2 AND T3 NORWAY GRANTED WREXHAM, , LL12 7AJ MAPLE - CROWN RAISE ALONG ROAD 31/03/2016 BOUNDARY TO APPROXIMATELY 6 METRES REMOVING BRANCHES BACK TO SUITABLE GROWING POINTS TO MAINTAIN STATUTORY CLEARANCE OVER THE HIGHWAY, CROWN REDUCE TO CLEAR HOUSE BY 2 METRES AND REMOVE DEAD, RUBBING AND CROSSING BRANCHES, LIGHTLY THIN NEW GROWTH WHERE REQUIRED AND REMOVE LOW BRANCHES OVER GARDEN (PROTECTED BY TPO WMBC NO 21)

WRA P/2016/0090 21 KENSINGTON GROVE, , T14 - COMMON BEECH - REDUCE GRANTED WREXHAM, , LL12 8AJ LATERAL BRANCHES BY A MAXIMUM 31/03/2016 OF 3 METRES TO SUITABLE BRANCHES WITH SELECTIVE PRUNING AND TIP PRUNING, CROWN RAISE TO APPROXIMATELY 4 METRES ON THE NORTH SIDE OF THE TREE (PROTECTED BY TPO WMBC NO 167)

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ROS P/2016/0100 GOLDEN GROVE INN, LLYNDIR ERECTION OF DWELLING GRANTED LANE, BURTON, ROSSETT, (SUBSTITUTION OF HOUSE TYPE 24/03/2016 WREXHAM, , LL12 0AS PREVIOUSLY GRANTED PERMISSION UNDER CODE NO. P/2015/0021)

WRC P/2016/0101 15 CHARLES STREET, , WREXHAM, , CONVERSION OF REAR FIRST-FLOOR GRANTED LL13 8BT TO 3 NO FLATS AND ERECTION OF 03/04/2016 EXTERNAL METAL STAIRCASE TO REAR OF NO 14

BRN P/2016/0111 THE HULLY, HULLY LANE, TY INSTALLATION OF UNDERGROUND GRANTED BROUGHTON, WREXHAM, , SY13 SUPPLY TO BE TAKEN FROM AN 14/04/2016 3BG EXISTING HV OVERHEAD LINE

ROS P/2016/0112 25 DARLAND LANE, ROSSETT, EXTENSIONS TO FRONT AND REAR GRANTED WREXHAM, , LL12 0EL 24/03/2016 HOL P/2016/0113 HOLT LODGE FARM, HUGMORE VARIATION OF CONDITION 2 OF GRANTED LANE, LLANYPWLL, WREXHAM, , PLANNING PERMISSION P/2014/0511 24/03/2016 LL13 9YE RELATING TO IMPLEMENTATION OF MITIGATION STRATEGY

GRE P/2016/0115 FORMER ATS TYRE DEPOT, DISPLAY OF 1 NO ADVERTISEMENT GRANTED MARFORD HILL, MARFORD, BOARD WITH ALUMINIUM POST 06/04/2016 WREXHAM, , LL12 8SW

HOL P/2016/0117 THE CROFT, FROG LANE, HOLT, ERECTION OF RED SANDSTONE GRANTED WREXHAM, , LL13 9HJ BOUNDARY WALL (MAXIMUM HEIGHT 24/03/2016 1M AND PILLARS MAXIMUM HEIGHT 2M) AND TARMACING OF EXISTING TURNING AREA

ROS P/2016/0121 11 SHORDLEY CLOSE, ROSSETT, DEMOLITION OF EXISTING GARAGE GRANTED WREXHAM, , LL12 0EX AND ERECTION OF NEW SINGLE 24/03/2016 STOREY EXTENSION TO REAR AND SIDE OF PROPERTY

WRA P/2016/0122 19, KENSINGTON GROVE, BOX LANE, T17 COMMON BEECH - CROWN RAISE GRANTED WREXHAM, , LL12 8AJ LOWER BRANCHES TO 08/04/2016 APPROXIMATELY 6 METERS TO SUITABLE GROWING POINTS, TIP PRUNE SELECTED LOWER BRANCHES GROWING TOWARDS HOUSE BY APPROXIMATELY 1.5 - 2 METERS TO SUITABLE PRUNING POINTS (TPO WMBC NO 167)

WOR P/2016/0123 WISTERIA COTTAGE, SILVER BIRCH - REDUCE CROWN BY REFUSE/GRANT WORTHENBURY ROAD, 25% 29/03/2016 WORTHENBURY, WREXHAM, , LL13 CONIFERS X 2 - REDUCE TO 3-3.5 0AW METRES APPROX AND REDUCE LOWER FOLIAGE BY 25% HAWTHORN - REDUCE HEIGHT TO 1.5 M (PROTECTED BY WORTHENBURY CONSERVATION AREA)

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BRY P/2016/0126 SOLLERON, LLEWELYN ROAD, REMOVAL OF CONDITION NO 2 GRANTED TANYFRON, WREXHAM, , LL11 5TL IMPOSED UNDER PLANNING 24/03/2016 PERMISSION BRY 17834 ON 8 MARCH 1990 TO ALLOW GRANNY ANNEX EXTENSION (DOVE COTTAGE) TO BE USED AS A SEPARATE DWELLING

BRO P/2016/0128 OWENS SERVICES, 4 HIGH STREET, ENTRANCE PORCH EXTENSION GRANTED PENTRE BROUGHTON, WREXHAM, , 08/04/2016 LL11 6AG

CHI P/2016/0129 21 RICHMOND GARDENS, TWO STOREY SIDE EXTENSION GRANTED LODGEVALE PARK, CHIRK, 24/03/2016 WREXHAM, , LL14 5BF

OVE P/2016/0132 MATSONS CROFT, HOLLYBUSH DEMOLITION OF EXISTING GARAGE GRANTED LANE, PENLEY, WREXHAM, , LL13 EXTENSIONS AND ALTERATIONS 24/03/2016 0NF INCLUDING FIRST FLOOR ATTIC, BEDROOM WITH BALCONY ACCESS TO REAR FLAT ROOF, ERECTION OF REPLACEMENT DOUBLE GARAGE, ALTERATION TO VEHICULAR ACCESS AND CONSTRUCTION OF TURNING / PARKING AREA

BRN P/2016/0138 BEFESA SALT SLAGS LTD, REPLACEMENT OF SECTION OF GRANTED MERESIDE INDUSTRIAL ESTATE, EXTERNAL CLADDING 24/03/2016 FENNS BANK, WREXHAM, , SY13 3PA

ESC P/2016/0139 1 SCHOOL MEWS, RHOSTYLLEN, ERECTION OF GARAGE TO SIDE OF GRANTED WREXHAM, , LL14 4AJ HOUSE 24/03/2016 LLA P/2016/0140 UNIT 9, PINFOLD LANE, LLAY CHANGE OF USE FROM LIGHT GRANTED INDUSTRIAL ESTATE, LLAY, INDUSTRY (B2) TO STORAGE AND 24/03/2016 WREXHAM, , LL12 0PX DISTRIBUTION (B8) OF INDUSTRIAL PIPES AND FITTINGS

CHI P/2016/0143 BRYN EGLWYS, CASTLE ROAD, REMOVAL OF 3 NO CONIFER TREES NO OBJECTION CHIRK, WREXHAM, , LL14 5BS AND COPPICING OF YEW BY 1.8 29/03/2016 METRES

ESC P/2016/0144 LAND NORTH EAST OF, FRONDEG REMOVAL OF 5M OF HEDGEROW GRANTED HALL, ABEROER, WREXHAM, , LL14 (REFERENCE H1) TO ENABLE 29/03/2016 4LG REPLACEMENT WATER PIPELINE

ESC P/2016/0147 LAND AT, ESCLUSHAM HALL FARM, REMOVAL OF 5M OF HEDGEROW GRANTED TALWRN ROAD, LEGACY, (REFERENCE H4) TO ENABLE 29/03/2016 WREXHAM, , LL14 4ES REPLACEMENT WATER PIPELINE

ESC P/2016/0152 LAND NORTH OF BROOKSIDE, REMOVAL OF 5M OF HEDGEROW GRANTED WREXHAM ROAD, PENTRE BYCHAN, (REFERENCE H9) TO ENABLE 29/03/2016 WREXHAM, , LL14 4DS REPLACEMENT WATER PIPELINE

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ESC P/2016/0153 LAND NORTH OF BROOKSIDE, REMOVAL OF 5M OF HEDGEROW GRANTED WREXHAM ROAD, PENTRE BYCHAN, (REFERENCE H10) TO ENABLE 29/03/2016 WREXHAM, , LL14 4DS REPLACEMENT WATER PIPELINE

ESC P/2016/0154 LAND AT HAFOD Y BWCH HALL, REMOVAL OF 5M OF HEDGEROW GRANTED WREXHAM ROAD, PENTRE BYCHAN, (REFERENCE H11) TO ENABLE 29/03/2016 WREXHAM, , LL14 4DR REPLACEMENT WATER PIPELINE

ESC P/2016/0155 LAND WEST OF PLAS GRONO REMOVAL OF 5M OF HEDGEROW GRANTED LODGE, ERDDIG PARK, ERDDIG, (REFERENCE H12) TO ENABLE 29/03/2016 WREXHAM, , LL13 0YR REPLACEMENT WATER PIPELINE

ESC P/2016/0156 LAND SOUTH OF PLAS GRONO REMOVAL OF 5M OF HEDGEROW GRANTED LODGE, ERDDIG PARK, ERDDIG, (REFERENCE H13) TO ENABLE 29/03/2016 WREXHAM, , LL13 0YR REPLACEMENT WATER PIPELINE

MAR P/2016/0169 LAND NORTH OF, BERTHENGRON REMOVAL OF 5M OF HEDGEROW GRANTED FARM, PLAS NOBLE, SONTLEY, (REFERENCE H26) TO ENABLE 29/03/2016 WREXHAM, , LL13 0UY REPLACEMENT WATER PIPELINE

MAR P/2016/0172 LAND SOUTH OF, MARCHWIEL HALL, REMOVAL OF 5M OF HEDGEROW GRANTED MARCHWIEL HALL ROAD, (REFERENCE H29) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0SS REPLACEMENT WATER PIPELINE

MAR P/2016/0173 LAND SOUTH OF, MARCHWIEL HALL, REMOVAL OF 5M OF HEDGEROW GRANTED MARCHWIEL HALL ROAD, (REFERENCE H30) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0SS REPLACEMENT WATER PIPELINE

MAR P/2016/0174 LAND SOUTH OF, MARCHWIEL HALL, REMOVAL OF 5M OF HEDGEROW GRANTED MARCHWIEL HALL ROAD, (REFERENCE H31) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0SS REPLACEMENT WATER PIPELINE

MAR P/2016/0175 LAND SOUTH OF, MARCHWIEL HALL, REMOVAL OF 5M OF HEDGEROW GRANTED MARCHWIEL HALL ROAD, (REFERENCE H32) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0SS REPLACEMENT WATER PIPELINE

MAR P/2016/0176 LAND NORTH OF, PEN Y LLAN FARM, REMOVAL OF 5M OF HEDGEROW GRANTED WREXHAM ROAD, MARCHWIEL, (REFERENCE H33) TO ENABLE 29/03/2016 WREXHAM, , LL13 0PF REPLACEMENT WATER PIPELINE

MAR P/2016/0177 LAND NORTH OF, PEN Y LLAN FARM, REMOVAL OF 5M OF HEDGEROW GRANTED WREXHAM ROAD, MARCHWIEL, (REFERENCE H34) TO ENABLE 29/03/2016 WREXHAM, , LL13 0PF REPLACEMENT WATER PIPELINE

MAR P/2016/0178 LAND NORTH OF, PEN Y LLAN FARM, REMOVAL OF 5M OF HEDGEROW GRANTED WREXHAM ROAD, MARCHWIEL, (REFERENCE H35) TO ENABLE 29/03/2016 WREXHAM, , LL13 0PF REPLACEMENT WATER PIPELINE

MAR P/2016/0179 LAND NORTH OF CROES Y MAB REMOVAL OF 5M OF HEDGEROW GRANTED FARM, WREXHAM ROAD, (REFERENCE H36) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0PF REPLACEMENT WATER PIPELINE

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MAR P/2016/0180 LAND NORTH OF CROES Y MAB REMOVAL OF 5M OF HEDGEROW GRANTED FARM, WREXHAM ROAD, (REFERENCE H37) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0PF REPLACEMENT WATER PIPELINE

MAR P/2016/0181 LAND NORTH OF CROES Y MAB REMOVAL OF 5M OF HEDGEROW GRANTED FARM, WREXHAM ROAD, (REFERENCE H38) TO ENABLE 29/03/2016 MARCHWIEL, WREXHAM, , LL13 0PF REPLACEMENT WATER PIPELINE

ROS P/2016/0182 5, GUN STREET, ROSSETT, ERECTION OF GARDEN OFFICE GRANTED WREXHAM, , LL12 0HR BUILDING ON LAND TO REAR OF 08/04/2016 GARAGE

WRR P/2016/0184 7 NORTHLEIGH GROVE, , WREXHAM, TWO STOREY REAR EXTENSION GRANTED LL11 2HQ 14/04/2016 WRA P/2016/0187 3 LOWER MINSTER, , WREXHAM, , SINGLE STOREY EXTENSION TO REAR GRANTED LL12 7PT OF BUNGALOW 30/03/2016 WRR P/2016/0188 REGENT HOUSE, REGENT STREET, , REMOVAL OF 2 NO SILVER BIRCH REFUSED WREXHAM, , LL11 1PR TREES (T37 AND T38) (PROTECTED BY 19/04/2016 TPO WMBC NO 11)

WRC P/2016/0191 UNIT 1, WICKES, BORDER RETAIL DISPLAY OF 5 NO INTERNALLY GRANTED PARK, , WREXHAM, , LL13 8NG ILLUMINATED FASCIA SIGNS AND 1 NO 31/03/2016 NON-ILLUMINATED FASCIA SIGN

CHI P/2016/0192 95 CROGEN, LODGEVALE PARK SINGLE STOREY PITCHED ROOF SIDE GRANTED ESTATE, CHIRK, WREXHAM, , LL14 EXTENSION 08/04/2016 5BJ

LGC P/2016/0195 CANOLFAN CEIRIOG, NEW ROAD, STORE ROOM EXTENSION GRANTED GLYN CEIRIOG, WREXHAM, , LL20 30/03/2016 7HE

HOL P/2016/0197 FIR GROVE, CASTLE STREET, HOLT, FELL 1 NO. NORWAY SPRUCE GRANTED WREXHAM, , LL13 9YL (PROTECTED BY HOLT CONSERVATION 01/04/2016 AREA)

ISY P/2016/0199 DUNEDIN GRANGE, HOLT ROAD, ERECTION OF DETACHED DOUBLE GRANTED BOWLING BANK, WREXHAM, , LL13 GARAGE / STORE WITH EXTERNAL 11/04/2016 9RH STAIRCASE TO FIRST FLOOR STORE

WRC P/2016/0200 TENPIN, 36 EAGLES MEADOW, , DISPLAY OF 2 NO. INTERNALLY GRANTED WREXHAM, , LL13 8DG ILLUMINATED FASCIA SIGNS AND 1 NO. 11/04/2016 DOUBLE SIDED PROTECTING SIGN

MIN P/2016/0203 AEL Y BRYN, CHURCH ROAD, SINGLE STOREY EXTENSION REFUSED MINERA, WREXHAM, , LL11 3DA (DEMOLITION OF PORCH) 08/04/2016 CHI P/2016/0204 86 OFFA, LODGEVALE PARK, CHIRK, SINGLE STOREY FRONT, SIDE AND GRANTED WREXHAM, , LL14 5DJ REAR EXTENSION 31/03/2016 RUA P/2016/0205 28 LLWYN BACH, RUABON, SINGLE STOREY REAR EXTENSION GRANTED WREXHAM, , LL14 6TB 31/03/2016

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WRA P/2016/0206 23 WINDERMERE ROAD, ACTON, REAR GARDEN ROOM EXTENSION TO GRANTED WREXHAM, , LL12 8AG EXISTING BUNGALOW AND REAR 14/04/2016 STORE EXTENSION TO EXISTING GARAGE

WRR P/2016/0207 2 ACTON ROAD, RHOSDDU, REAR LEAN TO EXTENSION TO GRANTED WREXHAM, , LL11 2NA PROVIDE SUN LOUNGE / OFFICE / 30/03/2016 STUDY (DEMOLITION OF VERANDA AND OUTBUILDING)

COE P/2016/0210 NANT COTTAGE, LOWER ROAD, EXTENSIONS AND ALTERATIONS GRANTED COEDPOETH, WREXHAM, , LL11 3TP 30/03/2016 WRA P/2016/0211 19 BICKLEYWOOD DRIVE, , FIRST FLOOR SIDE EXTENSION OVER GRANTED WREXHAM, , LL13 9XA EXISTING GARAGE 08/04/2016 HAN P/2016/0226 SCOUT HUT, HORSEMANS GREEN CHANGE OF USE FROM SCOUT HUT TO GRANTED ROAD, HORSEMANS GREEN, COMMUNITY HALL (USE CLASS D1 AND 11/04/2016 WREXHAM, , SY13 3EA D2 - MIXED USE)

RHO P/2016/0231 11 TAN Y CLAWDD, JOHNSTOWN, FRONT PORCH AND WC EXTENSION GRANTED WREXHAM, , LL14 2ST 08/04/2016 GRE P/2016/0238 OAK HOUSE, MARFORD HILL, FELL 3 NO. ELM TREES (PROTECTED GRANTED MARFORD, WREXHAM, , LL12 8SW BY MARFORD CONSERVATION AREA) 13/04/2016 WRC P/2016/0239 MARKS AND SPENCER, 33 EAGLES DISPLAY OF 6 NO. INTERNALLY GRANTED MEADOW, , WREXHAM, , LL13 8DG ILLUMINATED FASCIA SIGNS AND 2 NO. 11/04/2016 NON ILLUMINATED OTHER SIGNS

WRC P/2016/0242 FORMER THEATRE, 1 SALOP ROAD, , APPLICATION FOR PRIOR GRANTED WREXHAM, , LL13 7AF NOTIFICATION OF PROPOSED 05/04/2016 DEMOLITION OF FORMER THEATRE

BRO P/2016/0244 CADET CENTRE, QUARRY ROAD, DEMOLITION OF EXISTING AND GRANTED BRYNTEG, WREXHAM, , LL11 6AB ERECTION OF NEW CADET CENTRE 19/04/2016 WRO P/2016/0267 PRIMARK, 27 TO 29, REGENT DISPLAY OF 1 NO. INTERNALLY GRANTED STREET, , WREXHAM, , LL11 1RY ILLUMINATED FASCIA SIGN, 2 NO. 14/04/2016 INTERNALLY ILLUMINATED PROJECTING SIGN AND 1 NO. NON ILLUMINATED VINYL FASCIA SIGN

WRR P/2016/0269 3 TO 9, GROSVENOR ROAD, , VARIATION OF CONDITION NO 10 OF GRANTED WREXHAM, , LL11 1DB PLANNING PERMISSION P/2014/0436 AS 19/04/2016 TO CONFIRM EXACT TREES BEING REMOVED ON SITE

WRA P/2016/0271 BORRAS PARK INFANT SCHOOL, SINGLE STOREY EXTENSION TO GRANTED BORRAS PARK ROAD, , WREXHAM, , PROVIDE TEACHING SPACE AND 14/04/2016 LL12 7TH STORAGE

WRA P/2016/0277 43 ELM GROVE, , WREXHAM, , LL12 FIRST FLOOR SIDE EXTENSION OVER GRANTED 7NR EXISTING GARAGE AND SINGLE 19/04/2016 STOREY REAR EXTENSION

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