Planning Committee REPORT NO

AGENDA ITEM NO.

REPORT TO: Planning Committee

REPORT NO. CPLO/69/05

DATE: 5 December 2005

REPORTING OFFICER: Chief Planning Officer

CONTACT OFFICER: Bob Dewey (Ext 2470)

SUBJECT: Development Control Applications

WARD: N/A

PURPOSE OF THE REPORT

To determine the listed planning applications.

INFORMATION

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

RECOMMENDATION

See attached reports.

BACKGROUND PAPERS

None.

Page No 1

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Community Code No Applicant Recommendation Page No

RUA P/ 2005/0294 Dr & Mrs R Pickles REFUSE 3 – 5

RUA P/ 2005/0295 Dr & Mrs R Pickles REFUSE 6 – 8

RUA P/ 2005/0644 Mr A Roberts GRANT 9 – 13

RUA P/ 2005/0645 Mr D Roberts GRANT 14 – 19

BRO P/ 2005/0646 Mr & Mrs T A Green GRANT 20 – 23

GLY P/ 2005/0930 Mr K Tetlow REFUSE 24 – 26

WOR P/ 2005/0945 Miss G J Sproston GRANT 27 – 33

WOR P/ 2005/0951 Miss G J Sproston GRANT 34 – 37

RHO P/ 2005/0956 Trustees Bethania GRANT 38 – 41

GLY P/ 2005/1030 Mr MD Richardson GRANT 42 – 47

BRO P/ 2005/1046 Charter Developments GRANT 48 – 55 Ltd GWE P/ 2005/1050 Mr D Brooks REFUSE 56 – 58

MAE P/ 2005/1057 The Towd Partnership GRANT 59 – 67

HOL P/ 2005/1082 Mr M P Ahern GRANT 68 – 70

GWE P/ 2005/1095 Mr G Wright GRANT 71 – 73

HOL P/ 2005/1096 Waterways Aquatic & GRANT 74 – 77 Garden Centre ABE P/ 2005/1117 MDPH Ltd GRANT 78 – 81

WRO P/ 2005/1123 Barracuda Group GRANT 82 – 84

BAN P/ 2005/1127 Mr J P Davies GRANT 85 – 87

CEF P/ 2005/1138 Merlin Properties REFUSE 88 – 90

BRN P/ 2005/1145 Mrs I Bowers GRANT 91 – 93

GWE P/ 2005/1153 Mr T Bellis GRANT 94 – 98

Page No 2

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

WRO P/ 2005/1159 Pizza Hut (UK) Ltd GRANT 99 – 101

HAN P/ 2005/1170 M A Rosson GRANT 102 – 104

WRA P/ 2005/1182 Vodafone Ltd REFUSE 105 – 112

WRC P/ 2005/1186 O2 (UK) Ltd Gives Approval 113 – 118

COE P/ 2005/1189 Mr Topal REFUSE 119 – 122

WRC P/ 2005/1198 Wilson Bowden Dev Ltd & GRANT 123 – 124 Wrexham County Borough Council PEN P/ 2005/1207 Mr Neville Layhe REFUSE 125 – 126

WRR P/ 2005/1208 Mr Imran Ashiq GRANT 127 – 129

HOL P/ 2005/1212 Mr & Mrs P Jones GRANT 130 – 132

BRO P/ 2005/1224 Nunndale Quality GRANT 133 – 142 Homes Ltd CEF P/ 2005/1225 Flexsys Rubber REFUSE 143 – 145 Chemicals Ltd

Total Number of Applications Included in Report – 33

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

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

Page No 3

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0294 Crab Mill Pen Y Lan Ruabon Wrexham 16/03/2005

DESCRIPTION: COMMUNITY: Listed Building application for restoration, CASE OFFICER: Ruabon refurbishment and extension to existing SB single residential property

WARD: APPLICANT(S) NAME: AGENT NAME: Penycae & Ruabon South Dr & Mrs R Pickles T A C P

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THE SITE

A two-storey long, rectangular, brick built grade II listed dwelling and adjoining cowshed located in open countryside.

To Penylan Site

OS Crown Copyri ght. W CB C Licence No. LA 09021L

PROPOSAL

As above.

RELEVANT HISTORY

P/2001/0689 Certificate of Lawfulness for use of the building as a single dwelling house. Granted 14.02.2001.

Page No 4

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Outside settlement limit in Unitary Development Plan. Policy EC9 applies.

CONSULTATIONS

Community Council: No objection, provided that the works acknowledge the listed status of the building. Local Member: Consulted 16.03.05 RCAHMW: The conservation of this building is to be welcomed, the 17th century chimney and medieval baying should be preserved. SPAB: Although welcoming the repair proposals and have no objection to the conversion of the farm building the re-making of the medieval hall house is not supported. Denbighshire Historical Society: Consulted 16.03.05 Wrexham Area Civic Society: Consulted 16.03.05 Flintshire Historical Society: Consulted 16.03.05 Site Notice: Expired 14.04.05 Press Notice: Expired 29.04.05

SPECIAL CONSIDERATIONS/ISSUES

Background: Permission is sought for the following works to the building:-

1. Conversion of the adjoining cow shed into residential to connect to the existing dwelling. 2. Reveal the original 15th century cruck hall house. 3. Extend the gable of the dwelling by 4.3m. 4. Introduce a projecting gable on the south-west elevation of the existing dwelling.

The resulting development would create three distinct and different sections, a barn conversion, a medieval cruck framed house and a timber cladded dwelling in Welsh vernacular style found in similar buildings in North Wales.

Conversion of cow shed: The conversion of this building into residential accommodation is generally acceptable and apart from the proposed chimney, which is too domestic for the building all existing openings have been utilised and only one new opening has been proposed. Subject to the specific detailing of the openings, this part of the scheme is acceptable in principle.

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 destroying much of the existing fabric of the building which is listed in its own right. The removal of the existing historic fabric to allow the extensive reinstatement of lost fabric is considered unacceptable and would not respect the setting and character of the listed

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The proposed development by virtue of its scale and the need to demolish an extensive part of need of the building does not respect its listing and will be detrimental to the character and appearance of the existing building contrary to Policies GDP1, EC1 and EC9 of the Wrexham Unitary Development Plan. ______Page No 6

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0295 Crab Mill Pen Y Lan Ruabon Wrexham 15/03/2005

DESCRIPTION: COMMUNITY: Restoration, refurbishment and extension CASE OFFICER: Ruabon to existing single residential property SB

APPLICANT(S) NAME: WARD: Dr & Mrs R Pickles AGENT NAME: Penycae & Ruabon South T A C P

______

THE SITE

A two-storey long, rectangular, brick built grade II listed dwelling and adjoining cowshed located in open countryside.

PROPOSAL

As above.

RELEVANT HISTORY

P/2005/0294 Listed Building Consent (see previous item) P/2001/0689 Certificate of Lawfulness for use of the building as a single dwelling house. Granted 14.02.2001

DEVELOPMENT PLAN

Outside settlement limit in Unitary Development Plan. Policy EC9 applies.

CONSULTATIONS

Community Council: No objection, provided that the works acknowledge the listed status of the building. Local Member: Consulted 16.03.05 CPAT: No comments. Site Notice: Expired 19.10.05 Press Notice: Expired 04.11.05

SPECIAL CONSIDERATIONS/ISSUES

Background: A certificate of lawful use of the building as a dwelling was issued in 2001. The supporting information stated that it had last been used as a dwelling in 1983. The cow shed appears to have never been used for residential purposes. Although a period of four years has elapsed since the issue of the certificate, I am not convinced that any clear evidence could be provided to show that the circumstances have changed to any material degree. Page No 7

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Permission is sought for the following works to the building:-

Conversion of cow shed: The conversion of this building in to residential accommodation is generally acceptable and apart from the proposed chimney, which is too domestic for the building all existing openings have been utilised and only one new opening has been proposed. Subject to the specific detailing of the openings, this part of the scheme is acceptable in principle.

Revealing 15th Century Cruck House: Reinstating the Cruck House involves significant alteration to the existing historic fabric of the dwelling, including the removal of the slate roof, external brick walls, the 17th century beamed ceilings and the central hearth and stack. The remains of the cruck frame partitions will be restored and enclosed with new oak framed walls and a thatched roof to recreate the original two bay hall. Although the restoration of the cruck frame building may be desirable from the applicant’s point of view, the restorative works would involve destroying too much of the existing fabric of the building which is listed in its own right. The removal of the existing historic fabric to allow the extensive reinstatement of lost fabric is considered unacceptable and would not respect the setting and character of the listed

Extension: The extension to the dwelling is in proportion to the building and although distinctively different, the timber cladding serves to reduce its dominance and it is not considered that it would detrimentally harm the character of the existing building. However, the justification for this relates to the re-instatement of the cruckframe building, which reduces the amount of available living space. If the scheme were treated as a conversion, then such an extension would be deemed unnecessary and unlikely to be supported, given that it would alter the simple characteristics of the building.

Conclusion: The alterations proposed would detrimentally harm the existing characteristics of the building for which it has been listed and is therefore considered unacceptable. I recommend that planning permission be refused. P/2005 /0887 TThe proposed development in conjunction with the adjoining site would have insufficient public open space which would be contrary to Policy CF3 of the Wrexham Maelor Local Plan and also to the Council's Local Planning Guidance Note he proposed development in conjunction with the adjoining site would have insufficient public open space which would be contrary to Policy CF3 of the Wrexham Maelor Local Plan and also to the Council's Local Planning Guidance Note Page No 8

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 number 10. The proposed development in conjunction with the adjoining site would RECOMMENDATION That permission be REFUSED

REASON(S)

1. The proposed development by virtue of its scale and the need to demolish an extensive part of the building does not respect its listing and will be detrimental to the character and appearance of the existing building contrary to policies GDP1, EC1 and EC9 of the Wrexham Unitary Development Plan.

______Page No 9

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0644 Wynnstay Hall Ruabon Wrexham 10/06/2005

DESCRIPTION: COMMUNITY: Listed Building Consent for amendments CASE OFFICER: Ruabon to previously approved scheme to provide SJG 3 no. additional apartments

WARD: APPLICANT(S) NAME: AGENT NAME: Penycae & Ruabon South Mr A Roberts Lawrence Parry Associates

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THE SITE

The site is on the south side of the A539 east of Ruabon.

(Please see P/2005/0645 for plan)

PROPOSAL

Listed building consent for the conversion of the central section of Wynnstay Hall to 7 apartments, as an amendment to the approval granted in 1999 for 4 apartments. The scheme affects the former headmaster’s office on the south side and former classrooms, workshops and corridors to the north. It also includes the Jewel Tower, the surviving part of the former Hall on the site dating from 1700.

The proposals involve internal alterations and the main external works are as approved in the 1999 approval. 3 units have their entrance from the north, 2 from the south and 2 from the east. A modern roof is to be removed over an internal passage to open up a communal area leading to a courtyard to the east. The Jewel Tower is to be used as 2 living rooms with the existing spiral staircase retained. A roof terrace is to be created within the building. 8 new rooflights are proposed on internal roof slopes.

The external works are as follows: On the south side, Form a new pathway from the front entrance to the tower to the southern end of the terrace in stone paving with a gravelled edge and sunken uplighters. Retain the existing opening in the terrace wall and form new steps down. Form a new path across the terrace from the entrance to units D and E Construct new stone steps down from the terrace to the existing parking area for apartments A to G. Two alternative schemes have been submitted, one for steps outside the terrace wall and one for steps within.

On the north side, Form 2 parking spaces for units A to G in front of the entrance to units A and B.

The architect has submitted a justification for the works and further details as requested. The removal of the roof over the internal communal area is justified on the Page No 10

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 basis that it will make the Jewel Tower more visible, and that the rest is a later addition of no special interest. He also confirms that there will be no new rooflights inserted in the roof slope facing outwards from the building. Finally he states that the steps from the terrace can be deleted from the application in order for the proposals to be considered favourably.

RELEVANT HISTORY

CB/01722 LBC for conversion to 6 dwellings Granted 15/9/1998 CB/03088 LBC for conversion of central section to 4 dwellings Granted 9/8/1999 CB/03693 LBC for conversion of outer section to 6 dwellings Granted 10/2/2000 P/2000/1020 LBC for conversion of Great Hall & tower to 4 dwellings Granted 8/4/2002 P/2003/1400 LBC for dwelling within Great Hall Refused 2/4/2004 P/2004/0057 LBC for dwelling within tower Withdrawn P/2004/0674 LBC for internal alterations to form dwelling within Great Hall and dwelling within the Tower Granted 11/8/2004 P/2004/1464 LBC for 2 dwellings in Great Hall and 2 dwellings in tower Granted 2/8/2005

DEVELOPMENT PLAN

Outside settlement limits in Unitary Development Plan, and within a Grade I historic park and garden and a Special landscape Area. Policy EC9 of the UDP is relevant.

CONSULTATIONS

Ruabon C Council: No objection Local Member: Consulted 13/6/2005 WACS: Consulted 13/6/2005 Cadw (Parks and Gardens): Concerned that the proposed car parking arrangements could damage the registered park and garden by encroaching onto the parkland and blurring the boundary between park and garden. Note the revised plan but would prefer that all proposed steps from the terrace should be withdrawn from the application. Welsh Historic Gardens Trust: Objected to original scheme as the additional units would result in an over-development of the back premises of the former school to the detriment of the overall development. Provision of parking and services would have an adverse impact on the setting of the Hall and would alter the character of the listed gardens. (revised comments) No objection to the simple solutions to the problems of car parking and pedestrian access. If the present (unauthorised) alterations to the bastion walls are to be retained they need to be reconstructed to a much higher standard. Vitally important that the immediate Page No 11

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 setting to the main house is treated formally as individual plots and divisions detract in a major way from the character of the grand composition. An overall plan for the reconstruction of areas of substandard detail and future maintenance of this particular area should be drawn up before any units are sold off. Flints Hist Soc: Plans are conflicting and not accurate. Sections should be required. An overall landscaping scheme is required to assess the external works. RCAHMW: Consulted 13/6/2005 Denbs Hist Soc: Consulted 13/6/2005 Site Notice: Expired 5/7/2005 Press Advert: Expired 15/7/2005

SPECIAL CONSIDERATIONS/ISSUES

Listed Building: Grade II*. Listed as the former principal seat of the Williams- Wynn family, which retains much of its mid 19th century character and is associated with an important landscape and a range of estate buildings and monuments. The terrace is regarded as part of the listed building.

Works to the buildings: The justification for removal of the roof over the internal communal area is accepted. Further details would be required of several elements, including: The glazed screen to be fitted to door by the tower to the ground floor and new staircases. The treatment of the historic timbers to the communal area to the ground floor where the later roof is to be removed. The infill treatment and positioning of infill to 2 doorways in the tiled hallway. Excavation of the floor at the base of the tower to form the dining room.

The partitioning to the tiled hallway is to be carried out in accordance with that on previously approved plan.

External Works: The additional steps through the terrace wall are undesirable and the comments of Cadw and the Welsh Historic Gardens Trust are accepted, as discussed at a site meeting held with the applicant and the Welsh Historic Gardens Trust on 4 November 2005. Cadw has been requested to consider allowing the steps to the south of the Tower/ Great Hall as they would permit access to the approved 4 units within the Tower/ Great Hall and the two units within the central section. Their comments are awaited. The issues regarding car parking are dealt with under the planning application P/2005/0645.

Conclusion: I am satisfied that the works to the buildings are acceptable in terms of their impact on the listed building and the previous consent. The intensification of use raise issues of additional parking and use of the garden and terrace, but it is considered that adequate parking is available to the west of the Hall without requiring Page No 12

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 encroachment into the park. Therefore the only issues regarding the listed building application are the proposed alterations to the terrace wall. These are considered unacceptable for the reasons given by Cadw and the Welsh Historic Gardens Trust. However there is the opportunity to grant consent subject to strict conditions which allow for: a) The construction of paths within the Terrace to provide access to two approved doorways to ground floor units. These paths could join the path leading to the tower/ Great hall units from the main steps to the south. b) Require the improvement of the access south of the Tower/ Great Hall. c) Do not permit the opening south of the current application site. d) Require the reinstatement of the stone wall created in connection with the Central Section.

RECOMMENDATION A

That Cadw, on behalf of the National Assembly for Wales be advised that the Wrexham County Borough Council is disposed to grant Listed Building Consent in accordance with Article 3 of the Planning (Listed Building & Conservation Areas) Regulations 1990, subject to the conditions specified below.

RECOMMENDATION B

That I be authorised to issue the appropriate certificate forthwith if Cadw refers the application back to the Council for determination.

CONDITION(S)

1. The works hereby granted consent shall be begun before the expiry of five years from the date of this consent. 2. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 3. Prior to the commencement of development full details of all new and replacement windows (including rooflights) and doors and railings shall be submitted for the further approval of the Local Planning Authority. The works as approved shall be carried out strictly in accordance with the details as approved. 4. A conservation method statement shall be submitted and approved, in writing, by the Local Planning Authority, prior to commencement of development. All building work shall be carried out strictly in accordance with the approved conservation method statement. 5. No facing materials shall be used other than materials matching those used on the existing building. 6. Prior to occupation of any of the units, the opening in the terrace wall at point B shall be reinstated in store to the satisfaction of the Local Planning Authority.

Page No 13

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure the works reflect the character and appearance of the building. 4. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building 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.

NOTE(S) TO APPLICANT

The conservation method statement should include the following: Retention of timber panelling in Unit D, staircase details, infill treatment of doors to be closed. ______Page No 14

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0645 Wynnstay Hall Ruabon Wrexham 10/06/2005

DESCRIPTION: COMMUNITY: Alterations to previously approved scheme CASE OFFICER: Ruabon to provide 3 no. additional apartments SJG

APPLICANT(S) NAME: WARD: Mr D Roberts AGENT NAME: Penycae & Ruabon South Lawrence Parry Associates

______

THE SITE

The site is on the south side of the A539 east of Ruabon.

existing car park Central Section

Steps not proposed paths Steps not approved The Great Hall approved

S S- S proposed steps deleteddeleted Existing Carproposed par kcar parks car park OS Crown Copyright. WCBC Licence No. LA09021L

PROPOSAL

Planning permission for the conversion of the central section of Wynnstay Hall to 7 apartments, as an amendment to the approval granted in 1999 for 4 apartments. The scheme affects the former headmaster’s office on the south side and former classrooms, workshops and corridors to the north. It also includes the Jewel Tower, the surviving part of the former Hall on the site dating from 1700.

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 used as 2 living rooms with the existing spiral staircase retained. A roof terrace is to be created within the building.

The 2 units with entrances facing south will have use of the terrace area.

The architect has submitted a justification for the works and further details as requested. 8 new rooflights are proposed on internal roof slopes.

The external works are as follows: On the south side, Form a new pathway from the front entrance to the tower to the southern end of the terrace in stone paving with a gravelled edge and sunken uplighters. Retain the existing opening in the terrace wall and form new steps down. Form a new path across the terrace from the entrance to units D and E. Construct new stone steps down from the terrace to the existing parking area for apartments A to G. On the north side, Form 2 parking spaces for units A to G in front of the entrance to units A and B.

RELEVANT HISTORY

CB/01641 Change of use from College to 6 residential units Granted 9/2/1998 CB/03087 Conversion of central section to 4 residential units Granted 25/6/1999 CB/03692 Conversion of outer section to 6 residential units. Refused 10/1/2000 P/2000/0766 Conversion of outer section to 6 residential units. Granted 16/10/2000 P/2000/1019 Conversion of Hall and Tower to 4 dwellings. Granted 8/4/2002 P/2004/0058 7 Loose boxes. Refused 16/3/2004

DEVELOPMENT PLAN

Outside the settlement limits in the Unitary Development Plan, and is within a Grade I historic park and garden and a Special landscape Area. Policies GDP1 EC5 EC9 H3 H4 of the UDP are relevant.

CONSULTATIONS

Ruabon C Council: No objection Local Member: Consulted 13/6/2005 Highway Authority: No comments WACS: Consulted 13/6/2005 Cadw (Parks and Gardens): Concerned that the proposed car parking arrangements could damage the registered park and garden by encroaching onto the parkland and blurring the boundary between park and garden. Page No 16

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Note the revised plan but would prefer that all proposed steps from the terrace should be withdrawn from the application. Flints Hist Soc: Plans are conflicting and not accurate. Sections should be required. An overall landscaping scheme is required to assess the external works. Welsh Hist Gardens Trust: Objected to original scheme. The additional units would result in an over-development of the back premises of the former school to the detriment of the overall development. Provision of parking and services would have an adverse impact on the setting of the Hall and would alter the character of the listed gardens. Comments on revised scheme: No objection to the simple solutions to the problems of car parking and pedestrian access. If the present (unauthorised) alterations to the bastion walls are to be retained they need to be reconstructed to a much higher standard. Vitally important that the immediate setting to the main house is treated formally as individual plots and divisions detract in a major way from the character of the grand composition. An overall plan for the reconstruction of areas of substandard detail and future maintenance of this particular area should be drawn up before any units are sold off. Site Notices: Expired 5/7/2005 Other Representations: Adjoining occupiers notified 22/6/2005 No comments received

SPECIAL CONSIDERATIONS/ISSUES

Designations: Listed Building Grade II*. Listed as the former principal seat of the Williams-Wynn family, which retains much of its mid 19th century character and is associated with an important landscape and a range of estate buildings and monuments. Historic Park: Grade I

Landscape: The question of management and maintenance of the terrace to the south of the Hall needs to be addressed, as this was a condition on the early change of use application asking for a management and maintenance plan. The Welsh Historic Gardens Trust, Cadw and others are concerned about the current use of the terrace by residents of the hall, which departs from the principle of communal space managed as a historic garden. The site is on the line of Wat's Dyke, although not a scheduled section.

Page No 17

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Built Conservation:Works to the building: The justification for removal of the roof over the internal communal area is accepted. Further details would be required of several elements, including: The glazed screen to be fitted to door by the tower to the ground floor and new staircases. The treatment of the historic timbers to the communal area to the ground floor where the later roof is to be removed. The infill treatment and positioning of infill to 2 doorways in the tiled hallway. Excavation of the floor at the base of the tower to form the dining room.

The partitioning to the tiled hallway is to be carried out in accordance with that on previously approved plan.

External Works: The additional steps through the ha-ha wall are undesirable. The comments of Cadw and the Welsh Historic Gardens Trust are accepted and the proposed car park to the south of the Hall is unacceptable in terms of its impact on the historic park. This has now been deleted from the application and consultees have been re-consulted.

Conclusion: I am satisfied that the works to the building are acceptable in terms of their impact on the listed building and the previous permission and will ensure the completion of the restoration of the Hall to a beneficial use. The intensification of use raise issues of additional parking and use of the garden and terrace, but it is considered that adequate parking is available to the west of the Hall without requiring encroachment into the park. Therefore the only issues regarding the planning application are the alterations to the terrace and the access road and existing parking area to the south of the buildings.

The alterations to the terrace wall are considered unacceptable for the reasons given by Cadw and the Welsh Historic Gardens Trust, as agreed at a site meeting held with the applicant and the Welsh Historic Gardens Trust on 4 November 2005. Cadw has been requested to consider allowing the steps to the south of the Tower/ Great Hall as they would permit access to the approved 4 units within the Tower/ Great Hall and the two units within the central section. Their comments are awaited.

There is the opportunity to grant permission subject to strict conditions which allow for: a) The construction of paths within the Terrace to provide access to two approved doorways to ground floor units. These paths could join the path leading to the tower/ Great hall units from the main steps to the south. b) Require the improvement of the access south of the Tower/ Great Hall. c) Do not permit the opening south of the current application site. d) Require the reinstatement of the stone wall created in connection with the Central Section.

With regard to car parking, the proposed horseshoe shaped area south of the Great Hall/ Tower has been deleted from the application. A smaller rectangular hard surfaced area remains in this location, which along with the access track immediately south of the terrace wall and the car park south of the central section, was constructed to allow for construction access to the Hall some years ago. I accept that these areas Page No 18

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 have an unacceptable adverse impact on the setting of the listed building and the character and appearance of the Historic Park and Garden. I will be investigating whether they can be the subject of enforcement action, along with the other unauthorised openings to the terrace wall. However the access road and car park is not the subject of this application, and only a part of it is within the applicant’s control. Therefore I propose to clarify that any permission given does not authorise these works.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 3. Development shall not begin 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 by, the Local Planning Authority. The resulting photographs should be deposited with the County Sites and Monuments Record, operated by The Clwyd-Powys Archaeological Trust (7a Church Street, Welshpool, Powys, SY21 7DL. Tel: 01938 553670). 4. The developer shall afford access to the site at all reasonable times to any archaeologist nominated by the Local Planning Authority and shall allow such persons to observe the excavations as they are carried out and to record items of archaeological interest and finds. 5. Prior to the commencement of development full details of all new and replacement windows (including rooflights) and doors and railings shall be submitted for the further approval of the Local Planning Authority. The works as approved shall be carried out strictly in accordance with the details as approved. 6. No facing materials shall be used other than materials matching those used on the existing building. 7. The terrace and pathways shall be only laid out in accordance with a scheme which has been submitted to and approved by the Local Planning Authority and no further development of planting or surfacing within this area shall take place without the prior written approval of the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development 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 Page No 19

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 4. The site is considered to be of considerable archaeological interest and it is important that the opportunity created by the development to expose the history of the land is not lost. 5. To ensure the works reflect the character and appearance of the building. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure the works reflect the character and appearance of the building.

NOTE(S) TO APPLICANT

This permission does not authorise any existing or future works within the parkland to the south of the terrace.

You are advised that this permission does not in itself authorise the carrying out of the development hereby permitted until the necessary Listed Building Consent has been obtained. Your concurrent application for Listed Building Consent has now been forwarded to the National Assembly for Wales.

______Page No 20

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0646 Land at Queens Road Brymbo Wrexham 10/06/2005

DESCRIPTION: COMMUNITY: Outline application for residential CASE OFFICER: Broughton development MP

APPLICANT(S) NAME: WARD: Mr & Mrs T A Green AGENT NAME: Bryn Cefn Mr & Mrs T A Green

______

SITE

The application site is off Queens Road and adjacent to properties in Llys Gwydd.

Application site

PROPOSAL

Outline application for residential development with all matters reserved matters.

HISTORY

No relevant history.

Page No 21

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

The site is within the settlement limit of Brymbo. Policies PS1, GDP1 and H2 apply. The site adjoins a wildlife site which extends up from the rear of the site towards Clayton Road. Policy EC6 therefore also applies.

CONSULTATIONS

Community Council: Notified 13.6.05 Local Member: Notified 13.6.05 Highways: It is possible to get adequate visibility (2.4 x 70m splays) from the site. Ramblers Association: A path crosses the land either adjacent or on the proposed area for development. Highways should be notified. Other representations: 1 letter of objection received. The main concerns are; - the integrity of the bank and the potential of excavation work to cause a landslip; - the effect of ground water drainage resulting in an increase in run off into rear garden causing water logging and damp effects on to the house; - creation of a less secluded are at the back of the property leading to an insecure boundary; - invasion of privacy as a result of being overlooked; - reduction in the value of the property; - impact of construction activities on an already poor minor road and small cul-de-sac. Site Notices: Expired 12.7.05

SPECIAL CONSIDERATIONS

Policy: The site is unannotated within the settlement limit of Brymbo, therefore the proposal complies with Policies PS1 and H2.

Policy GDP1 seeks to ensure a satisfactory standard of development in terms of design, appearance, vehicular access, parking standards and the impact upon the amenity of nearby properties. The application is in outline and contains no specific details, however I am satisfied the site is large enough to allow for a satisfactory standard of development without adverse impacts upon the amenity nearby properties. Matters of siting, design and landscaping are to be dealt with in a reserved matters application.

Landscape: The site is currently covered by a significant amount of vegetation. I recognise that this contributes to the visual amenity of the area to some extent, however it is not currently afforded any specific protection. The western edge of the site bordering Queen Street does have two garages of a pre-fabricated concrete design. In my view this part of the site presently detracts from the appearance of the area.

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Provided satisfactory landscaping is undertaken, including planting and appropriate boundary treatment, I am of the opinion that the development of the site does offer an opportunity to enhance its overall appearance, and that of the surrounding area. A landscaping scheme can be requested as part of a reserved matters application.

The site slopes steeply upwards from Queens Road, therefore it will be necessary for site levels and sections as existing and proposed, together with finished floor levels, to be submitted with a reserved matters application.

The site adjoins a wildlife site, which runs along the eastern boundary of the application site. A reserved matters application will need to demonstrate that development would not have a detrimental impact upon this site, particularly in terms of location of buildings, and the location and type of boundary treatment.

Highways: Highways have advised that visibility splays from the site would need to be 2.4 x 70 metres and are satisfied these standards can be achieved. A condition requiring the appropriate visibility splays will be attached. The footpath referred to by the Ramblers Association has been impassable for many years but is outside the site boundary and therefore unaffected.

Conclusion: I am satisfied the proposal accords with policies PS1, GDP1 and H2. I am also of the opinion that the site can developed so as to accord with policy EC6.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the siting of the building(s) b. the design of the building(s) c. the external appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved. 3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. The reserved matters application shall include a full site survey showing the existing and proposed site levels together with the finished floor levels of any buildings erected 5. As part of the submission of reserved matters, a plan shall be submitted showing the location and species of, (and allocating a reference number to,) each Page No 23

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 existing tree on the site which has a stem with a diameter measured over the bark at a point 1.5 metres above the ground level exceeding 75mm. It shall show trees are to be retained and the crown spread of each retained tree. 6. The vehicular access to the development shall be provided with visibility splays of 2.4 x 70 metres in each direction as measured from the centre point of the access to the nearside edge of the adjoining carriageway within which there shall be no obsruction above 1 metre in height 7. A 2 metre footway along the full site frontage shall be contructed to Highways adoptable standards prior to the first occupation of any dwelling erected under this permission and shall thereafter be retained 8. This permission shall provide for a maximum of one dwelling 9. As part of the submission of reserved matters, a landscaping plan shall be submitted and shall include the following; a) details of all hard and soft landscaping; b) details of all boundary treatments The landscaping scheme shall be implemented to a timescale agreed in writing with the Local Planning Authority 10. Prior to the first occupation of the dwelling hereby approved all commercial activities shall cease and thereafter be permanently abandoned

REASON(S)

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995. 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To protect the amenities of the occupiers of nearby properties and the visual amenity of the surrounding area 5. To ensure that the works on the site properly take account of the future health of the trees. 6. To ensure adequate visibility is provided from the development site in the interests of highway safety 7. In the interests of ensuring the safety of both pedestrians and other highway users 8. To ensure a satisfactory standard of development in order to prortect the interests of the visual amenities of the area, the amenity of nearby occupiers and in the interests of highway safety 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. In the interests of the visual amenity of the development site and the amenity of the future occupiers of the dwelling

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0930 Ael Afon Dolywern Pontfadog Llangollen 16/08/2005 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Glyntrian Proposed off road parking CS

APPLICANT(S) NAME: WARD: Mr K Tetlow AGENT NAME: Ceiriog Valley Mr K Tetlow

______

THE SITE

A garden leading steeply down to the River Ceiriog, to the north is an embankment and the old road to Glyn Ceiriog. This road is approximately 3m higher than the garden and river below.

Photo 3

Photo 1

River Ceiriog

Photo 2

PROPOSAL

Proposed off road parking.

RELEVANT HISTORY

P/2003/1433 Proposed off road parking, refused 4/02/04, insufficient space for turning of vehicles leading to vehicles reversing onto the road causing a hazard to traffic. Appeal dismissed on highways grounds 01/09/04. Page No 25

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Within the settlement limit of Dolywern, UDP policies GDP1, PS2, EC5 and EC12 apply. Local Planning Guidance Note No. 16 applies. The development is within the flood plain of the River Ceiriog a river that is designated SSSI.

CONSULTATIONS

Community Council: Consulted 17.08.05 Local Member: Consulted 17.08.05 Adjoining Occupiers: On letter from an adjoining occupier giving full support to the application Site notice: Expired 14.09.05 Highways: The increased area of the new application allows for off road parking and a turning facility. There is a fence impeding visibility to the west, removal of this obstruction is required to ensure visibility in perpetuity. The applicant is advised to contact the Strategic Planning Manager to discuss removing part of the retaining wall. Also recommend contacting a structural engineer. Environment Agency: The development is within the flood plain of the Ceiriog the development may restrict the flow of water causing displacement and exacerbate flooding elsewhere, therefore the application should be refused.

SPECIAL CONSIDERATIONS/ISSUES

Landscape: The proposal site borders an attractive stretch of the river in a Special Landscape Area, the visual amenity of the area requires development to be of a high standard. The current application does not provide any details of the elevations or finished looks of the proposal. In the absence of clear indications of the finished appearance it is not possible to be satisfied that the development will harmonise with its surroundings. A 3metre high stone wall adjacent to the edge of the river will clearly have significant impact. An open framed structure could be alien in this rural area.

Photo 1 site is to left of wall Photo 2 – site is just beyond tree

Page No 26

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Photo 3

Flooding: The Environment Agency recommend refusal. I understand that the applicant is in discussions with the Environment Agency to see whether there is scope for a structure to be erected that would not be at risk of flooding or exacerbate problems.

Highways: Providing an agreement can be made with the applicant and the adjoining neighbour to remove the western fence then the highways objections to the previous application can be overcome. A grampian style condition could ensure this occurs. The applicant has contacted the Strategic Planning Manager concerning the retaining wall and there are no objections to removing a section of the wall.

Conclusion: At present the objection from the Environment Agency and the lack of information regarding the visual impact of the structure justify refusal.

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The proposed parking is located within the floodplan of the River Ceiriog, the proposal is at risk of flooding and may restrict the flow of water exacerbating flooding elsewhere. To allow this development would be contrary to Policy EC12 of the Wrexham UDP. 2. The site is located within a of Special Landscape Area in the Wrexham Unitary Development Plan. In the absence of details of the proposal it is not possible to cofirm that the impacts will be acceptable in terms of its visual impact. The development would be contrary to policies PS2, GDP1 and EC5 ______Page No 27

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0945 Bowling Bank Farm Mulsford Lane 19/08/2005 Worthenbury Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Willington and Conversion of barns into 3 dwellings, SJG Worthenbury erection of 2 dwellings, formation of 2 new accesses AGENT NAME: WARD: APPLICANT(S) NAME: Brockway Dunn Ltd Bronington Miss G J Sproston

______

THE SITE

On the east side of the village on the north side of Mulsford Lane. The application site includes the listed farmhouse and land to the west.

B 5 0 69

proposed dwellings Ð accesses ral Arms 15.0m (PH) settlement limit proposed conversions

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Cons. Area Bowling Bank Listed building

T 4 R 1 5 U O C D R O F S L U 3 M Ð 15.7m settlement limit Support Centre

1 OS Crown Copyright. WCBC Licence No. LA09021L PROPOSAL

Is for planning permission for:

1. The conversion of an L shaped barn to form 2 four bedroom dwellings. Each dwelling would use an existing outbuilding for garaging and have a private garden. Access is via a shared access to the west side of the barn. 2. The conversion and extension of a brick haybarn to form a four bedroom dwelling with a shared access to the road. 3. Erection of two linked four bedroom dwellings with garages on the west side of the site, using an access shared with the converted haybarn Page No 28

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 4. Demolition of two agricultural buildings to make way for items 3 and 4 above. 5. Formation of a new vehicular access for the farmhouse to the east of the farmhouse. 6. Construction of a new highway footway across the frontage up to the boundary with the farmhouse.

Foul drainage would be to the existing foul sewer.

Architect’s statement: The conversion works have taken account of the Council’s guidance and the overall approach is to make little change to the character and appearance of the L shaped barn. The Hay barn required more work, but the brick pillars are retained. The 2 new dwellings have a simple cottage style. The farmhouse is to remain as a single dwelling. A structural survey has been supplied, together with a suggestion for a single access to serve the 5 dwellings. Revised plans have also been supplied to cover conservation issues.

RELEVANT HISTORY

P/2005/0951 LBC for same development. Next item on agenda

DEVELOPMENT PLAN

The majority of the site, with the exception of the listed farmhouse and field to the east, lies within the settlement limits as defined in the Wrexham Unitary Development Plan. It is outside the Conservation Area. Policies EC9 H2 H3 PS1 and GDP1 of UDP are relevant, together with LPGN3 and 13. Bowling Bank Farm is a listed building.

CONSULTATIONS

Community Council: Consider that the provision of access points to the proposed development would come at the narrowest part of Mulsford Lane, presenting an obvious traffic hazard with an obscuring curve in the in the direction of the village. There was also serious concern at the possible treatment of listed buildings involved in the barn conversion proposals. Local Member: consulted 23/8/2005 Highways: recommended refusal due to the multiplicity of accesses to the highway and the inclusion of part of the highway in the application site. Objection withdrawn on the basis that a single access to the 5 dwellings is proposed. The footway should be a minimum width of 1.5 metres. Flints Hist Soc: Agree with the principle of the conversion scheme but concerned with the windows. The new dwellings are a little “twee” but acceptable subject to comments regarding the porch. The garage to the left of the houses should be brought 1 metre towards the centre of the building. Page No 29

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 CPAT: Site is on the eastern edge of the medieval historic core of Worthenbury. Recommend a contracted archaeological watching brief CHPPO: Comments regarding construction noise, contamination and foul drainage Welsh Water: request full details of foul and surface water drainage Env Agency: Standard advice applies Site Notice: Expired 16/9/2005 Other representations: Adjoining occupiers notified 25/8/2005 4 objections/representations received on grounds of : a. Site already has 3 accesses to a narrow lane. b. Proposed new access will be extremely dangerous to vehicles, pedestrians and children due to narrow width, restricted visibility and level of traffic. c. Farmhouse should continue to use the existing access at the widest point in the lane d. All mature trees including a very old yew tree must be retained e. Buildings have not been offered for sale to determine possibility of alternative uses prior to the application f. No low cost housing proposed g. Conversion scheme must be in keeping with the adjoining listed building which should be restored as part of scheme h. Hay store is of insufficient merit to justify conversion i. 2 additional dwellings are unnecessary and would detract from the architectural value of the existing buildings j. Further development in the village would erode its character k. Increased traffic using the blind corner at Mulsford Lane/ Bangor Road

SPECIAL CONSIDERATIONS/ISSUES

Policy: The majority of the application site (including all of the buildings) is within the Worthenbury settlement limit. Both the conversion of the existing barns and the erection of new dwellings would therefore accord with UDP Policies PS1 and H2. Assuming the site layout complies with the Council's space around dwellings standards, there would be no policy objections in principle to the proposed development.

The proposed replacement access and driveway to the farmhouse would be outside the settlement limit and within a Special Landscape Area where development is strictly controlled. However, in this case, the new driveway would be only 25 metres long and would be located as near as practicable to the other buildings at Bowling Bank Farm. In these circumstances, it is unlikely to have a material effect on the character and appearance of the area in general.

Page No 30

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Built Conservation: No objections in principle. The revised scheme, structural report and design statement address most of the issues, but the following need to be considered:

To the courtyard, the original cobbled surface should be retained. Boundary treatments between the gardens and the existing farmhouse should be defined as should the treatment to the entrances of the site. These items need to be sympathetic to the rural setting. Ideally the new footpath should also be kept to the minimum width to reduce its impact on the setting of the farmyard.

I have no objections in principle to the conversion of the Dutch Barn or to the lean to extension, replacing a larger unsightly structure.

Details of all new glazing and joinery should be submitted, together with a timber survey and type of mortar. Glazing and brickwork to the gable ends should be recessed sufficiently to emphasise the brick piers.

The simple design of the new build element respects that of the existing buildings but attention will need to be paid to the materials , details of which need to be submitted.

Site Layout: The layout provides for an acceptable degree of privacy and amenity for existing and new residents

Ecology: Prior to any development there should be a bat and breeding bird (barn owl, swallows etc) survey undertaken, followed by any appropriate mitigation if present. The presence of bats will mean that a protected species licence will be required from the Welsh Assembly. The position of the site on the edge of the village means there is a high potential that bats and swallows and possibly barn owls are present on this site. Certain species of bats have more specific requirements than others and the mitigation required could affect the final design of the conversion, so it is important to have the surveys done sooner than later. Mitigation would also be required for swallows and any other breeding birds.

Landscape: The site adjoins a Special Landscape Area and Landscape of Special Historic Interest in Wales. The site is very sensitive, and it is important to keep its character as far as possible. Although not all the buildings are listed, the grouping is interesting, and the farmsteading can make a positive contribution to the adjacent conservation. The use of the external space needs very careful thought.

Highway Issues: There are three issues: 1. The inclusion of part of the highway in the application site, involving a narrowing of the highway. The scheme proposes to “take” an area of highway into the site at the proposed access point, leaving the lane at a uniform width of 5.5 metres. However the land affected would only be used as a footway and grass verges and would stay as highway land. If necessary the access point for the 5 dwellings could be retained at its existing location, but this would reduce visibility to the south east. 2. The provision of separate accesses. The agent has submitted an alternative plan showing a single access for the 5 dwellings, with the proposed separate access for Page No 31

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 the farmhouse retained to the south east. This is preferred for safety reasons. There are no highway objections to the separate access to the farmhouse. 3. The provision of a footway across the site frontage. This is considered to be essential for safety reasons.

Drainage: It is proposed to connect the dwellings to the existing sewers and a condition is imposed to cover this requirement.

Conclusion: The overall scheme is considered acceptable in terms of adopted planning policies and guidance and will enhance the setting of the listed building.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 3. Prior to the commencement of development full details of all new and replacement windows (including rooflights) and doors and railings shall be submitted for the further approval of the Local Planning Authority. The works as approved shall be carried out strictly in accordance with the details as approved. 4. No facing materials shall be used other than materials matching those used on the existing building. 5. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). 6. The developer shall afford access to the site at all reasonable times to an archaeologist agreed in writing with the Local Planning Authority not less than three weeks before the date of commencement of development. The archaeologist shall be allowed to observe the excavations as they are carried out and to record items of archaeological interest and finds. 7. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 8. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 7. The works shall be carried out: within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use.

Page No 32

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 9. All trees, shrubs and hedge plants supplied shall comply with the requirements of the current BS 3936 Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirement of the current BS 4428 Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree planting shall be positioned in accordance with the requirements of Table 2 of the current BS 5837 A guide for Trees in Relation to Construction. 10. The existing hedges shall be retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height of the hedges falls below 1 metre at any point without the previous written permission of the Local Planning Authority. Any hedges removed without permission or dying or being severely damaged within five years from the completion of development shall be replaced with hedges of such size and species as may be agreed with the Local Planning Authority. 11. No trees shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged. 12. Development works must comply with the Council’s Supplementary Planning Guidance for Protection of Trees on Development Sites, and British Standard guide for Trees in Relation to Construction Sites (BS 5837) (1991). 13. Vehicular access to the development shall be limited to two access points as shown on the revised plan attached to this notice. The accesses shall be laid out and surfaced prior to the occupation of any dwellings in accordance with details to be submitted to and approved, in writing, by the Local Planning Authority. 14. The dwellings shall be built at existing ground levels in accordance with the approved plans. 15. A 1.5m wide footway shall be provided across the site frontage as shown on the approved plan in accordance with details to be agreed, in writing, by the Local Planning Authority prior to the occupation of any new dwelling on the site. 16. A bat roost report shall be undertaken by specialist consultants to be able to assess the likely impacts of the proposal on any statutory protected species can be assessed. The report must also propose and deliver appropriate conservation schemes and 'Reasonable Avoidance Measures' and be submitted to and approved by the Local planning Authority. Any mitigation measures required shall be implemented in accordance with time scales to be agreed as part of the measures before development commences on site. 17. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied

REASON(S)

4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as Page No 33

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 described in the condition is carried out without the permission of the Local Planning Authority. 6. The site contains archaeological remains which it is essential should be protected from damage. 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 11. To protect trees which are of significant amenity value to the area. 12. To ensure that the works on the site properly take account of the future health of the trees. 13. In the interests of highway safety. 14. To ensure that the development is not elevated above existing ground levels to the detriment of the amenities of the locality. 15. To provide for a safe walking route for pedestrians. 16. In order to protect wildlife interests, which are afforded special protection. 17. To ensure satisfactory drainage of the site and to avoid flooding.

NOTE(S) TO APPLICANT

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

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

You are advised to contact the Council's Ecology Officer at The Planning Department, Lambpit Street, Wrexham on Tel: 01978 292517.

Please note the attached comments from the Environment Agency, Public Protection Section and Highway Authority (regarding a required agreement under the Highways Act 1980). ______Page No 34

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0951 Bowling Bank Farm Mulsford Lane 22/08/2005 Worthenbury Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Willington and Listed Building Consent for conversion of SJG Worthenbury barns to 3 no. dwellings, erection of 2 no. dwellings, formation of 2 new accesses and demolition of steel framed dutch barn AGENT NAME: WARD: and lean-to shed Brockway Dunn Ltd Bronington APPLICANT(S) NAME: Miss G J Sproston

______

THE SITE

The site is on the east side of the village on the north side of Mulsford Lane. The application site includes the listed farmhouse and land to the west.

Proposed demolition proposed conversions

Cons. Area L S F O R D L Bowling Bank A N E 15.3m

e Pond age BM 15.54m B ou y n r C da a ot ry d e ta n s ge u u o o B H

Bowling Bank

Listed building

T OS Crown Copyright. WCBC Licence No. LA09021L R 1 4 5 U O PROPOSAL

Listed building consent for:

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 2. The conversion and extension of a brick haybarn to form a four bedroom dwelling with a shared access to the road. 3. Demolition of two agricultural buildings

Architect’s statement: The conversion works have taken account of the Council’s guidance and the overall approach is to make little change to the character and appearance of the L shaped barn. The Hay barn requires more work, but the brick pillars are retained. The farmhouse is to remain as a single dwelling. A structural survey has been supplied, together with a suggestion for a single access to serve the 5 dwellings. Revised plans have also been supplied to cover conservation issues.

RELEVANT HISTORY

P/2005/0945 Planning application for same development previous item

DEVELOPMENT PLAN

Within the settlement limits in the Unitary Development Plan. Policy EC9 is relevant. Bowling Bank Farm is a grade II listed building.

CONSULTATIONS

C Council: Serious concern at the possible treatment of listed buildings involved in the barn conversion proposals. Local Member: Consulted 23/8/2005 Royal Commission: No observations. Prior notification required for record purposes. DHS: Consulted 23/8/2005 FHS: No objections in principle to conversion proposals but consider that the windows and openings are unacceptable. WACS: Consulted 23/8/2005 Site Notice: Expired 16/9/2005 Press advert expired: 30/9/2005 Other representations: Adjoining occupiers notified 23/8/2005 2 objections/ letters of comment received on highway grounds and: • Conversion scheme must be in keeping with the adjoining listed building which should be restored as part of scheme • The cobbled yard is part of the listed building and should be retained

SPECIAL CONSIDERATIONS/ISSUES

Listed Building: Listed grade II for the special interest of the largely unaltered late 18th century/ early 19th century character.

No objections in principle. The revised scheme, structural report and design statement address most of the issues, but the following need to be considered:

Page No 36

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 To the courtyard, the original cobbled surface should be retained. Boundary treatments between the gardens and the existing farmhouse should be defined as should the treatment to the entrances of the site. These items need to be sympathetic to the rural setting. The new footpath should also be kept to the minimum width to reduce its impact on the setting of the farmyard.

I have no objections in principle to the conversion of the Dutch Barn or to the lean to extension, replacing a larger unsightly structure.

Conclusion: The scheme will enhance the setting of the listed building.

RECOMMENDATION A

That Cadw on behalf of the National Assembly for Wales be advised that the Wrexham County Borough Council is disposed to grant LISTED BUILDING CONSENT in accordance with Article 3 of the Planning (Listed Buildings & Conservation Areas) Regulations 1990, subject to the conditions specified below.

RECOMMENDATION B

That I be authorised to issue the appropriate certificate forthwith if Cadw refers the application back to the Council for determination.

CONDITION(S)

1. The works hereby granted consent shall be begun before the expiry of five years from the date of this consent. 2. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 3. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. Before any work is commenced, drawings to scale 1:20 fully detailing all new or replacement windows and doors together with specification of rainwater goods shall be approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finish(es), cross sections for glazing bars, sills, heads etc, method of opening and glazing type. Works shall only be carried out in strict accordance with such details as are approved. Page No 37

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 5. A conservation method statement shall be submitted and approved, in writing, by the Local Planning Authority, prior to commencement of development. All building work shall be carried out strictly in accordance with the approved conservation method statement.

REASON(S)

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /0956 Land adj Capel Bethania Church Street 23/08/2005 Rhosllanerchrugog Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Rhos Outline application for residential DSW development

WARD: APPLICANT(S) NAME: AGENT NAME: Pant Trustees Bethania J B Clarke

______P/2005 /0956 THE SITE

A flat elevated square shaped area of land to the south of Bethania Chapel, Church Street, Rhos. The site is surrounded by predominantly residential development. A garage and the Black Lion Public House lie opposite. St Johns Church lies to the east.

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B OS Crown Copyright. WCBC Licence No. LA 09021L elvedere 20 3

PROPOSAL

As above. This is an outline application with all matters reserved for further approval.

HISTORY

None.

Page No 39

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Within defined settlement limits. UDP policies PS1, PS2 and GDP1 apply.

CONSULTATIONS

Community Council: Notified 24.08.05 Local Member: Notified 24.08.05 Highways: No objections subject to appropriate conditions to ensure adequate visibility and the construction of a footway along the site frontage. Welsh Water: No objection subject to conditions to address surface water disposal. Adjoining Occupiers: Two letters received objecting for the following reasons:- i) Impact upon the adjoining chapel. ii) The development would result in overlooking into adjoining dwellings and a consequent loss of privacy. iii) Increase in noise. iv) Visually over-dominant. v) Detrimental to highway safety. vi) Loss of value of adjoining dwelling. vii) The site lies on possibly two mineshafts. viii) Loss of daylight/sunlight to adjoining properties. ix) Detrimental to pedestrian safety given the absence of any footpaths. Site Notice: Expired 23.09.05

SPECIAL CONSIDERATIONS/ISSUES

Policy: As the site lies within settlement limits and within a predominantly residential area, there can be no objections, in principle, subject to the detailed application satisfying the requirements of UDP Policy GDP1.

Impact on Listed Building: The site lies within close proximity to St John’s Church, a Grade II Listed Building. Issues in relation to the impact upon the setting of the Listed Building can only be fully examined at the detailed planning stage. However, sufficient space remains between the site and the church and subject to appropriate siting, scale and appearance, I would not consider there would be any adverse affect upon its setting.

A stone wall forms the boundary with Church Street. This forms a continuation of the Churchyard entrance and so in order to maintain an element of continuity and strength of frontage as well as goo d linkage between the two sites, this should be retained. An appropriate condition will be imposed.

Page No 40

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Trees: There is a large sycamore tree in the north-east corner of the site that will impact upon the detailed siting and design. Although it is not protected by a TPO, it nonetheless contributes to the visual amenity of the area and will be protected by conditions.

Objections: I note the concerns raised by adjoining occupiers. However, the planning concerns relate to matters that can only be adequately addressed at the detailed planning stage. There can be no objections to the principle of residential use here, and I am satisfied that the issues raised particularly with regards to overlooking and loss of privacy and visual amenity can be satisfactorily dealt with as part of the reserved matters application.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the siting of the building(s) b. the design of the building(s) c. the external appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved. 3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Apart from where required to form the vehicular access to serve the site, the boundary wall along its frontage with Church Street, shall be retained. 5. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 6. The application for reserved matters approval shall include full details of the means of surface water disposal. Development shall only be carried out in strict accordance with such details as are thereby approved.

REASON(S)

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 5. To protect trees which are of significant amenity value to the area. 6. to ensure the development does not cause pollution or flooding.

NOTE(S) TO APPLICANT

The stability of the site shall remain the responsibility of the developer.

You are advised to contact the Council's Chief Planning Officer prior to the preparation of detailed plans.

When preparing detailed drawings and/or implementing this permission you are advised to give full consideration to the housing needs of the disabled. ______Page No 42

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1030 Glan Y Wern Mill Dolywern Pontfadog 13/09/2005 Llangollen Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Glyntrian Alterations to Mill flats and renovation of JGK redundant workshop and part of garaging to provide one additional dwelling WARD: AGENT NAME: Ceiriog Valley APPLICANT(S) NAME: Mr MD Richardson Mr MD Richardson

______

THE SITE

Glan y Wern Mill, Dolywern,.

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C ae B edw

Berwyn Lodge Haulfron

Bryn Teg DOLYWERN Hyfrydle Wernlas Glasgoed Glan-y-wern DOLYWERN Pen-y-Bont Ael BM 163.25m Terrace

4 Afon O LD RO Cam or Afon AD MillHouse

Nant Yr Arth BM 146.63m Pont Dolywernen Ainon Dolywern Cott age MS

B idsto Ce n iriog C ottage

OS Crown Copyright. WCBC Licence No. LA09021L WD PROPOSAL

As above

RELEVANT HISTORY

None.

Page No 43

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Within settlement limits of Pontfadog in the Unitary Development Plan. relevant policies are Policies PS1, PS2, and GDP1. Local Planning Guidance Notes 20 – House Extensions and 21 – Space around Dwellings.

CONSULTATIONS

Community Council: Notified 14.09.05. Local Member: Notified 14.09.05. Highways: Proposal will require visibility improvement, parking and turning on site to LPG 16. Add conditions. Environment Agency: Applicant has demonstrated that the flood risk can be managed to an acceptable level. Add finished floor level condition. Also advise that flood proofing and mitigation measures is incorporated into the building. Site Notice: Expired 14.10.05. Adjoining Occupiers: Objections received as follows: 1. Part of piecemeal development 2. Allegedly seven flats where there only used to be four with an additional house out of character. 3. Originally part of a stone built eighteenth century mill 4. Overdeveloped with changes not in keeping with the area 5. Increase in traffic and light pollution 6. Lack of adequate parking 7. Adverse construction noise 8. Will there be any further applications?

Applicant’s comments upon objections The applicant has supplied a detailed response to the objections as follows: • Whilst the ‘development’ has been staged, a newly build coach house was constructed in 2004/05, this was because I lacked the resources to tackle that project and the refurbishment of the mill simultaneously. • The works associated with this application, are necessary to maintain the building. If left undone, will result in the building becoming first uninhabitable, and then falling into a state of neglect. The creation of one additional dwelling within the existing structure, will help provide the funds needed to carry out these works. • Applications that I might make in the future are not a relevant planning matter in determining whether this application should be permitted. • Proposal relates to the alteration, refurbishment, and repair of a mill building, currently containing four dwellings, to provide five dwellings, not seven. Overall number of bedrooms will be reduced from ten to seven, despite the increase in number of dwellings. Obviously this will reduce the number of occupants, the amount of traffic and the requirement for parking. • The nineteenth century mill is to remain intact as is clearly indicated on the plans. The only external works to the mill will be those, which preserve the existing character, mostly relating to modern changes which are inappropriate. Page No 44

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 • Obviously if there is construction there will be construction noise. However the nature of works, being principally repair and refurbishment, and most of this work internal to the building, mean that these will be limited. • Again the overall reduction in potential occupancies should reduce the overall parking requirement. At present there are two two bedroom flats and two three bedroom flats. The alterations covered by this application would result in the creation of two two bedroom flats and three one bedroom flats resulting in a reduction in the requirement to eight car parking spaces. • Furthermore, it may be relevant to point out that the previous development increased the available parking space from seven (only one of which was garaging), to thirteen, (eight of which are garaging) and with further overspill space if necessary.

SPECIAL CONSIDERATIONS/ISSUES

Policy: Wrexham Unitary Development Plan policies and detailed guidance allow for the possibility of buildings in the countryside to be converted to residential use (Policy H3 and Local Guidance Notes 3 and 13 refer). However, the building must be: structurally sound and capable of conversion without extensive rebuilding tantamount to the erection of a new dwelling; retain any inherent characteristics; and not result in an undesirable intrusion into the landscape or create access problems (Policy PS2, GDP1, H3 and LPG Note 3 refer). This application is a continuation of the redevelopment of this site by way of conversion and I consider that the scheme meets these requirements and give detailed consideration as follows:

Page No 45

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Scale and Design: The part of the building subject to this application is of a suitable size for conversion as proposed and will complete the redevelopment of the stone mill. I consider that the conversion scheme is acceptable. It retains many of the existing openings and minimises the creation of new openings/doors. No extensions are proposed. The applicant has agreed to retain the mill wheel in situ and amended plans have been submitted accordingly. The restoration of other areas of the mill are in keeping with its character.

Amenity: I am satisfied that there will be no loss of amenity to adjoining occupiers or the area in general.

Highways: The site is accessed onto a narrow classified road subject to a 60mph speed limit although typical vehicle speeds along this section of road would be around 25mph. Visibility from this access is approximately 2.4m x 95m to the east measured to the nearside edge of and 2.4m x 15m to the west measured to the centreline of the adjoining highway. Visibility to the east is adequate but visibility to the west is restricted by the presence of a wooden fence. TAN 18 would require visibility splays of 2.4m x 45m in both directions with no obstruction above 1m in height (condition attached). This will require the removal of the wooden fence on the western side of the access in order to achieve the required visibility (Note to Applicant attached). Parking and turning facilities will be provided on site (condition attached).

Flood Risk: It has been demonstrated that the flood risk at the site can be managed to an acceptable level providing that the finished floor levels are set no lower than 145.40m AOD (condition attached). The Environment Agency has recommended that flood proofing and mitigation measures are incorporated into the building (Note to Applicant attached).

Conclusion: I consider that the proposal is in accord with Wrexham Unitary Development Plan policies and Local Planning Guidance Notes. I do not consider that the implementation of this proposal will have an adverse impact upon local residents or the area in general.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of fiveyears from the date of this permision. 2. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 3. No facing materials shall be used other than materials matching those used on the existing building. 4. The existing access shall provide visibility splays of 2m x 25m to the east measured to the nearside edge of adjoining highway and 2.4m x 45m to the west Page No 46

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 measured to the centreline of the adjoining highway. There shall be no obstructions over 1m in height within these visibility splays. 5. Vehicle parking and turning facilities shall be provided within the curtilage of the site in accordance with details to be submitted for the further approval of the Local Planning Authority. Such facilities shall be made available prior to implementation of the use(s) hereby permitted and shall thereafter be retained. 6. No part of the development shall be commenced until details of window/door design and specification of rainwater goods have been submitted 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. 7. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).

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 ensure the formation of a safe and satisfactory access. 5. To ensure that adequate parking facilities are provided and maintained within the curtilage of the site in the interests of the free flow of traffic, highway safety and the amenities of the locality. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority.

NOTE(S) TO APPLICANT

You are advised that the planning permission hereby granted does not authorise any building over, diversion, connection or other interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, per Babtie, Unit B1, Trem-y-Dyffryn, Colomendy Industrial Estate, Denbigh, Denbighshire (Tel: 01745 815815) in this regard, prior to undertaking any groundwork in connection with the development. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice with regard to the submission of amended plans and / or a new planning application.

To achieve the required visibility to the west of the existing access the existing wooden fence must be removed.

Your attention is drawn to item nos 1, 3, 4 and 5 of the enclosed supplementary notes.

Page No 47

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 You are advised that flood proofing and mitigation measures be incorporated into the building where possible. For further information see the ODPM publication 'Preparing for floods: Interim Guidance for improving the flood resistance to domestic and small business properties'.

Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 34 of the Environmental Protection Act 1990.

The activity of importing waste into the site for use as, for example hardcore, must be registered by the Environment Agency Wales as an exempt activity under the Waste Management licencing Regulations 1994.

Any works (including temporary works) in, under, over or adjacent to any watercourse may require the formal consent of the Environment Agency prior to works commencing. In accordance with the Agency's "no-culverting" policy, consent for culverting will only normally be granted for site access purposes. ______Page No 48

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1046 Former Brynteg Junior School Victoria 15/09/2005 Road Brynteg Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Broughton Demolition of existing building, JM construction of 15 no. dwellings and construction of new vehicular and WARD: pedestrian access AGENT NAME: New Broughton SBS Design APPLICANT(S) NAME: Charter Developments Ltd

______

THE SITE

The site is located at the corner between Victoria Road and Wrexham Road, and it is occupied with the old stone school building. The building is currently unused. The site is surrounded by residential properties, which are either elevated or below the site.

Application Brynteg Hill Victoria site Rd

Proposed access point

access

Victoria Road

PROPOSAL

As above. The application has been submitted with a design & sustainability statement. Amended plans have been received repositioning plots 13-15.

Page No 49

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

RELEVANT HISTORY

CB 2131 Change of use of part of premises to retail outlet. Refused 7.9.98. P/2003/0886 Outline application for demolition of former school building, redevelopment for residential and construction of new vehicular and pedestrian access. Granted 6.10.03 P/2005/0471 Demolition of existing building and construction of 16 no. dwellings and construction of new vehicular and pedestrian access. Withdrawn 9.6.05.

DEVELOPMENT PLAN

Within settlement limits. Policies PS1, PS2, H2, GDP1, GDP2, CLF5 and T8 of UDP are relevant.

CONSULTATIONS

Community Council: Consulted 16.9.05 Local Member: Notified 16.9.05 Wrexham Civic Society: No objections are raised in principle. However regrets that the opportunity has not been taken to incorporate the benefits of the open aspect to the east which provides wide ranging views. The Society would also favour the retention of the stone boundary wall on Victoria Road, although the central section could be reduced to conform with the remainder. The problems associated with the height of the retaining wall on the Wrexham Road boundary, in terms of safety, are appreciated but it is felt that an attempt should be made to locate plots 1 to 10 in this vicinity rather than along Victoria Road. The existing wall along Victoria Road could then be used to screen parking. CCW: The site may contain bats, which are protected. Development can only proceed under licence from WAG. Appropriate conservation and mitigation measures are required. Additional information should be sought before the application is determined. Highways: Visibility from the access to the west onto Victoria Road shall be 4.5m x 45m of the access. In the other direction the x distance should be 4.5m, and there should be a clear view to the radius kerb of the Victoria Road/Wrexham Road junction. No obstruction should exceed 1.0m above the road. An access ramp is required on either side of the access. The gradient of the access road should not exceed 1:12. Chief Environment Officer: Provision of open access recreational facilities or open space in the immediate vicinity would be acceptable. Welsh Water: Insufficient details have been submitted to ascertain the impact on existing infrastructure. Objections are raised. Page No 50

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Press Notice: Expired 4.11.05 Site Notice: Expired 18.10.05 Other Representations: 27 neighbours notified, and 8 letters received raising the following: 1. The development is directly opposite, and the proposal will obscure light and views. The existing houses were built to have views across the site, as the lounge area is upstairs. There are no current buildings in front, unlike further along Victoria Road. 2. Loss of privacy. 3. The access is too close to the junction with Wrexham Road. 4. A 3 storey building may not be suitable for the site. 5. Victoria Road is busy with traffic because it is used as a through road from Brynteg to Pentre Broughton or towards Moss Valley, and is used by buses and lorries. It is narrow due to parked cars, and traffic frequently come to a complete halt. More traffic would be dangerous. 6. Existing residents will not be able to park outside their homes because of the position of the access. 7. Headlights from cars leaving the access will shine into windows opposite. This will be a nuisance and will be an infringement of privacy. 8. It is not possible to determine whether the height of the buildings will be higher than the existing school. If the development were higher, this would not be accepted. 9. The number of dwellings for the site is too many. 10. Traffic congestion will be caused. 11. Loss of green space at the corner between Victoria Road and Wrexham Road. 12. Rendered walls and chimneys will be out of character with the stone built cottages in Victoria Road. 13. There are no pavements along Victoria Road. 14. Construction traffic will cause mayhem on this narrow road.

SPECIAL CONSIDERATIONS/ ISSUES

Policy: The site is within the settlement limits as defined and therefore the principle of redevelopment for residential is supported by policy H2 of the UDP. It is also noted that the site has extant outline planning permission for residential, and therefore the principle of housing development for the site has been supported.

Details: There are a number of details that need examination, and these are noted below: a) Scale of development: The proposed development follows the street pattern of Victoria Road. The scale of the development is in keeping with the area, and does not represent an over-development. The introduction of 3 storey elevations for the rear Page No 51

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 elevations of the Victoria Road facing units will not be unacceptable since this elevation will not be viewed as being too imposing when viewed from Wrexham Road. Amended plans have been submitted to alter the position of plots 13 to 15 and thus the visual impact of plot 15 viewed from Wrexham Rd. b) Loss of privacy/amenity separation: Because the scheme has been designed to respect the form and character of the existing street pattern of Victoria Road, some of the houses cannot be set far enough back from the highway in order to meet the amenity separation guidelines as recommended by LPG Note No. 21.

However an exception should be considered in this instance. It is noted that light loss will not be a serious issue for a majority of existing houses given the higher level of some of the houses opposite the development. Also it is noted that the site is currently occupied with a large school building, and therefore some light loss already occurs. However the new houses are located closer to the road than this existing building and some amenity issues will arise, and protection of privacy is necessary even though some of the existing houses are located close to the road. Whilst ground floor windows may have limited privacy because of their proximity to the road, upstairs windows are not overlooked, and it is noted that the amenity separation distance is only slightly more than 12m (it should be 22m + the ground level difference). In this case because of local circumstances and the design of the dwellings I consider this acceptable.

To help offset these amenity effects these nearest properties have been designed to have only small windows on these opposing elevations, and the windows are bathroom or WCs, or they are small secondary windows for lounges and bedrooms. Nearly all these windows can be fitted with obscure glass, but to omit them completely would not help with the appearance of the elevations facing the road. As a result of these details, privacy can be maintained, and can be protected if a planning condition is imposed to control this.

Some finished floor levels have been provided as part of the scheme, but these are not comprehensive enough and do not show how they relate to levels adjacent to these areas. This information is still required, and will need to be agreed before any development commences, to ensure that floor levels are not raised in relation to existing road levels that surround the site. The streetscape elevation plan for the scheme supports this view, but this detail does not confirm the finished levels of the plots (ie plots 11 – 15) which are located behind, and these back onto the side road of Bryn Issa. These properties are located near to existing properties and this requires further examination if levels are raised above existing levels. c) Materials: A full schedule of the proposed materials for the houses, and samples need further consideration, and would need to be approved as part of condition. It is however, considered important for the new wall adjacent to Victoria Road to be built of natural stone to be in keeping with the character and appearance of the area. It is also considered important for some other stonework is introduced as part of the elevations for some of the dwellings, and it seems likely that the scheme could salvage some of the stone from the existing highway wall and the school building. However some elevations can utilise a suitable brick, and the use of render is not Page No 52

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 unacceptable. Roofing material will be important, and slate or a good substitute would be acceptable. d) Access: The proposed access point to the site maximises visibility for anyone using the access. Highways have no objections providing the areas forming the splays are protected. It is noted that the splays must cross the front garden areas of plots facing Victoria Road, and therefore a planning condition is required to ensure that these splays are protected.

The development requires the construction of a new pavement across the full road frontage of the site, and although this does not improve pedestrian safety for the whole of Victoria Road, this will improve pedestrian safety near the traffic junction and by the bus stop. Also the development will not increase traffic levels in the area by a significant degree, and on street parking will be made no worse because the scheme provides off street parking in accordance with the Council’s maximum standards ie 2 spaces per 2 bed dwelling. The internal layout also provides some scope for some further parking, if required from time to time for visitors. Therefore the concerns raised regarding this issue cannot be supported.

The provision of the footpath across the full frontage of the site will give improved visibility for motorists using the access for Bryn Issa, at the southern edge of the site. The access serves a number of properties and the occupants will benefit from this improvement to visibility. e) POS: A very small area of POS is shown as part of the development. Full pOS provision is normally required by policy CLF5, unless there are exceptional circumstances. The site is not an ideal location for a larger POS area in view of the presence of large retaining walls. Therefore any provision would be small amenity areas. The scheme provides some areas for planting, but these are very small and not very suitable for adoption purposes. Although these should be planted up and maintained as part of a landscaping scheme for the site, their maintenance as POS is not recommended. In line with the policy, an exception can be made providing a sum is provided in lieu of this provision, to help improve local facilities (either Moss Valley area or by the library in Quarry Road), and therefore this sum would need to be the subject of a Section 106 legal obligation f) School Contributions: No contributions are required. g) Sustainability: Some limited details for sustainability have been submitted but they do show the scope of the measures. Conditions are required to ensure that this matter is adequately addressed. h) Drainage: The details have not been confirmed, and therefore a planning condition is required. However the site is currently hard surfaced throughout and has existing drainage connections. i) Outstanding neighbour concerns: Some residents are concerned that the height of the houses will be higher than the existing school, and that the position of houses will block current views. Although loss of view is a concern, this cannot be supported as a material planning objection. Page No 53

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Disturbance from headlights leaving the access is unlikely to become a significant issue given the scale of the development.

Conclusion: The scheme will ensure that redevelopment of the site does not prejudice the character of the area, and subject to the planning conditions, the scheme adequately protects amenities of occupants of nearby properties.

RECOMMENDATION A

That the Council enters into an obligation under Section 106 of the Town & Country Planning Act 1990 requiring: A commuted payment in lieu of on-site public open space provision to upgrade/enhance, augment and maintain existing nearby open space.

The amount, final form and content shall be determined by the Chief Planning Officer.

RECOMMENDATION B

Subject to the completion of the Section 106 obligation, planning permission be GRANTED.

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 3. No part of the development shall be commenced until a full schedule of all external facing and roofing materials, including samples, have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out with such details as approved. 4. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site, including fencing and walling, have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 5. The new boundary wall to be erected adjacent to Victoria Road shall only be faced with natural sandstone. 6. The soft landscaping details as approved in connection with condition 4 above shall be implemented within 3 months of the first occupation of the development, and any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within 5 years from the completion of the scheme shall be replaced with trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing with the Local Planning Authority. 7. The area within the visibility splays as shown on the approved plans (hatched green) shall be fully provided before the houses are first occupied, and the area within Page No 54

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 the splays shall be maintained at a height not exceeding 1.0m above the nearside edge of the adjoining road. 8. Before development commences full details of finished ground floor levels and ground levels in relation to existing site levels and adjacent road levels (Victoria Road and Bryn Issa) shall be submitted to and approved in writing by the Local Planning Authority. 9. All windows (except hall/door windows) for plots 1,2, 8, 9 and 10 facing Victoria Road, shall only be fitted with obscure glass. 10. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied 11. A bat roost report shall be undertaken by specialist consultants to be able to assess the likely impacts of the proposal on any statutory protected species can be assessed. The report must also propose and deliver appropriate conservation schemes and 'Reasonable Avoidance Measures' and be submitted to and approved by the Local planning Authority. Any mitigation measures required shall be implemented in accordance with time scales to be agreed as part of the measures before development commences on site. 12. Prior to the commencement of development, the following details shall be submitted for further written approval of the Local Planning Authority: i) Details to maximise potential for renewable energy features as part of the development. ii) A waste recycling scheme for occupants of the development. iii) Details to confirm how building materials from the existing school building will be recycled as part of the development. The details as subsequently approved shall be fully implemented as part of the development, or in accordance with time scales to be agreed in writing with the Local Planning Authority. 13. The gradient of the new access road shall not be steeper than 1:12. 14. A Pedestrian access ramp into the estate shall be provided as part of the development in accordance with details to be submitted to and approved by the Local Planning Authority, and this shall be fully implemented before the first dwelling is occupied.

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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. Page No 55

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To protect privacy for nearby residents. 10. To ensure satisfactory drainage of the site and to avoid flooding. 11. In order to protect wildlife interests, which are afforded special protection. 12. To meet the criteria set out in Local Planning Guidance Note 22, to maximise potential for sustainable building. 13. To ensure the formation of a safe and satisfactory access. 14. In the interests of pedestrian safety.

NOTE(S) TO APPLICANT

Any new residents of the properties facing Victoria Road should note that the front garden area has restrictions, and no items should be placed or erected, or allowed to grow above 1m in height because these items could restrict visibility at the access point to the site, and would be contrary to planning condition 7 of the permission.

You are advised that all works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 07.30 hrs to 19.30 hrs Monday to Friday, between 08.00 hrs to 14.00 hrs on Saturday, and at no time on Sunday and Bank Holidays. The Council has the option to control construction site noise by means of a Control of Pollution Action 1974, Section 60, Notice, where deemed necessary.

There shall be no bonfires on the site.

The applicant’s attention is drawn to the following supplementary notes: 1, 3, 4 & 5.

The footway located along the rear of plot nos 3 to 7 appears to be 1.0m wide, and this should be increased to 2.0m. In terms of DOT Inclusive Mobility Guidance, the minimum width of footways should be 1.2m.

Technical approval for any construction works affecting the existing retaining wall supporting the highway along Victoria Road and any change of use of the land supported by the existing retaining wall adjacent to Wrexham Road in relation to structural stability will be requied under the provisions of the Highways Act 1980.

The developer must liase with WCBC’s Strategic Manager (Mr Kelvin Arden Tel: 01978 297174).

In respect of condition 14, an access ramp into the estate should be provided to ensure that drivers entering the site are aware that they are entering a development in which full footway provision is not provided and pedestrians may well need to use the estate road.

Any new roads serving more than five dwellings should be constructed to standards suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under Section 38 of the Highways Act 1980 so that the road can be adopted. ______Page No 56

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1050 The Bungalow Glanllyn Road Bradley 16/09/2005 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Gwersyllt Outline application for erection of 1 no. SEH residential dwelling

WARD: APPLICANT(S) NAME: AGENT NAME: Gwersyllt East & South Mr D Brooks Mr D Brooks

______

THE SITE

The site, served by an unadopted road, is adjacent to and level with ‘The Bungalow’, and adjacent to a haulage depot.

E E

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N N

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P E N ( R R H H O Y D N F A

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D R I V

E Dwelling

( (

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N N

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E I V R ) D N YY N HH Y Glan Llyn H R R N N E E PP P NN O (L Road

H IG H S T R E E T % % OS Crown Copyright. WCBC Licence No. LA09021L % %

PROPOSAL

As above.

RELEVANT HISTORY

No relevant history.

Page No 57

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Within settlement limit. UDP Policies GDP1 and PS2 apply. Local Planning Guidance Note21, Space Around Dwellings & 16 Parking Standards, also relevant.

CONSULTATIONS

Community Council: Notified 19/09/2005 Local Member: Councillor George has requested that this application be reported to planning committee Cllr Griffiths consulted CHPPO: No objections Highways: Object on highway safety grounds Site Notice: Expired 12/10/2005 Other Representations: Notified 21/09/2005

SPECIAL CONSIDERATIONS/ISSUES

Policy: The site lies within settlement limits and there are no objections in principle subject to compliance with local policy and supplementary guidance notes.

Residential Amenity: The proposed application site is adjacent to a haulage depot and, in view of the closeness of the site to this transport business, a general residential use would be likely to suffer an unacceptable degree of disturbance due to the operation on the adjacent site and shared access.

Highways: The development site has access on to an unadopted highway currently served by 3 houses and a haulage firm. It is the opinion of the Highways the traffic generated by the transport business equates to that of 2 dwellings, and the total existing traffic served by this unadopted road equates to that generated by 5 dwellings.

It is the Council’s policy that no more that 5 dwellings should be served off a private drive and the erection of an additional dwelling, as proposed, would be contrary to supplementary guide to Design Bulletin 32 – ‘Residential Roads and Footpaths 1992’.

Conclusion: Having carefully considered the proposal I am not satisfied that the proposed residential use is compatible with the current use on the adjacent site, and is likely to cause problems in terms of noise and traffic nuisance. Further, the proposal is incapable of meeting local and national standards and would give rise to additional danger to pedestrians, cyclists and road users.

P/2005 /10

RECOMMENDATION That permission be REFUSED

Page No 58

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

REASON(S)

1. The development would result in increased traffic generation to an unacceptable level, which would give rise to additional danger to all road users, contrary to the Council's adopted guidance and policy GDP1(d) of the Wrexham Unitary Development Plan. 2. Due to the close proximity of a haulage depot to the application site, it is likely that the existing conditions would have a detrimental impact on the residential amenities of the proposed. To allow the development would be contrary to Policy GDP1 of the Wrexham Unitary Development Plan. ______Page No 59

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1057 Land To The Rear Of The Nags Head 16/09/2005 Bettisfield Whitchurch Shropshire

COMMUNITY: DESCRIPTION: CASE OFFICER: Maelor South Outline application for erection of 9 no. SB dwellings

WARD: APPLICANT(S) NAME: AGENT NAME: Overton The Towd Partnership The Towd Partnership

______

P/2005 /1057 THE SITE

An area of grazing land measuring 0.923 hectares lying at the heart of a rural village. All surrounding uses are residential apart from a field that that lies along the southeast boundary of the site.

Settlement boundary

canal

Site

Access

OS Crown Copyri ght. W CB C Licence No. LA 09021L

PROPOSAL

As above.

RELEVANT HISTORY

P/2004/1408 Demolition of existing and erection of 15 two storey dwellings. Refused 07.03.2005 Page No 60

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 P/2004/1128 Certificate of Lawfulness for the use of the public house as a private dwelling. Granted 24.12.02

DEVELOPMENT PLAN

Within settlement limit in the Unitary Development Plan. Policy GDP1 applies.

CONSULTATIONS

Community Council: Five neighbouring properties drain onto this site and no provision ahs been made for dealing with this water if the new houses are built. The road serving the site is very busy, concern is expressed over the increase in traffic which will result from the extra traffic. The speed restrictor islands are inappropriate and may cause problems with agricultural and other wide vehicles. There is a general lack of amenities (e.g. mains sewerage) in Bettisfield. More dwellings are being built without the supporting infrastructure. Local Member: Consulted 20.09.05 Welsh Water: No comments since the applicant intends utilising private drainage facilities and provided that the Environment Agency are satisfied that the proposals will not have an adverse effect on any aquifer, or other water resource, in terms of both water quality and quantity. CHPPO: no objection subject to notes relating to construction noise, fires and a dust management scheme. No objections provided satisfactory provision can be made for drainage. British Waterways: No objection. Highways: No objection subject to conditions. Education: School contribution required. Environment Agency: Advise against further development until a main drain is provided within the area, but suggest that if permission is granted a condition is attached which requires all foul drainage to be contained within a sealed and watertight cesspool, fitted with a level warning device to indicate when the tank needs emptying. Other Representations: 15 letters of objection and one petition containing 44 signatures raising the following issues: Nuisance of construction. No infrastructure to support the dwellings. It will create an urban estate on a bog and detract from the character of the area. It will create overlooking, loss of light, overshadowing, visual intrusion, noise disturbance and smell. Page No 61

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 The generation of additional traffic will add to traffic congestion and have an affect on road access and visibility, parking and highway safety. The traffic calming measures will have an impact upon the movement and parking of wide vehicles such as those delivering coal and oil and septic tank clearance vehicles and will create ground borne vibrations and lighting. It will also have a dangerous impact upon ‘The Cottage’. Additional road signs, red tarmac sleeping policemen etc is unsightly. There are serious drainage issues – the area of land is low lying and floods in heavy rainfall. Additional development and the associated infrastructure will compound the delicate balance between the high water content in adjoining ditches and serious flooding potentially causing damage to nearby properties. There is no mains drainage and although the plan shows the collection of sewerage into retaining tanks, these are not foolpoof and are likely to leak. The massing will change the appearance of the area and no tin keeping with the way the village has been developed. Such an expansion will erode the quietness and social and rural character of the village. Inappropriate and inadequate sewerage and water drainage arrangements already cause residents and expense, the proposed drainage could make this situation worse. Surface water from Northwood Road between New House Farm and Cadney Lane drains into the Nags Head Field via linked grids between Ash Cottage and Old Smithy House. The existing drainage system fails to cope sometimes and the additional runoff with this development will increase the risk of flooding to the properties on Northwood Road and Cadney Lane. The village is devoid of facilities and employment and further building will give rise to further loss of greenfield land. The site has a long history of flooding due to its low lying position. Septic tanks are not suitable in this area due to the high water table and poor drainage of the land. It was decided that more than 40 years ago it was decided that no more building should be allowed in the village unless sewerage issues were updated. The development will change the character of the village in many ways. The site is a focal point in the village and has outstanding scenery, views and character vital to the village future. Page No 62

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 It will disrupt the balance between housing and open space. The lanes are not wide enough to deal with this amount of traffic, especially given that residents park on the road and narrowness of the bridge. Local amenities could mot provide a good enough service for residents with local primary schools being affected due to limited space. The development would not reflect the rural character or the linear pattern of development. The site is greenfield agricultural land and planning policies should protect and enhance the countryside and its non-renewable resources. There is poor public transport and occupants would be heavily reliant upon the use of cars. The increase in traffic would more than off-set the introduction of the 30mph speed limit. The development may have an impact upon wildlife, water quality and hydrology. It would be over-development. There is no market for more properties of any size. Site Notice: Expired 17.10.05 Press Notice: Expired 21.10.05

SPECIAL CONSIDERATIONS/ISSUES

Background: Permission for the erection of 15 dwellings on this site was refused on the grounds of over-development, the appearance of the dwellings and lack of consideration of the appearance of its immediate surroundings, the lack of sufficient parking space and public open space provision.

Outline permission is now sought for the erection of 9 dwellings. The design and external appearance and landscaping of the site has been reserved for further consideration. The accompanying plan provides a layout of the site and details the proposed means of vehicular access.

A supporting statement has also been submitted with the application to justify the number and layout of the dwellings and the proposed means of vehicular access. It also includes a report to deal with the drainage of the site, which is an issue that has been identified as problematic.

Policy: The site lies within the settlement boundary therefore no objections in principle to residential development subject to compliance with GDP1 and T8 and provided that sufficient separation distances can be maintained in order to ensure no loss of residential amenity.

Parking and Access: The design details of the dwellings have been reserved for further consideration and it is therefore too early to determine whether the level of parking provision is acceptable and will be considered at a later date. However, the Page No 63

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 number of bedrooms proposed will be restricted by the space available within the curtilage of the site for the parking of vehicles clear of the highway.

The means of vehicular access to the site is different from the previous scheme in that the proposed roundabout has been deleted and traffic measures have been indicated, including two build outs and the provision of 30mph speed limit signs. The change in access details is more suitable from an aesthetic point of view, which ensures that the rural characteristics of the area are retained rather than introducing a feature that is urban in character. Highways have no objection to the development.

Public Open Space: Given that the number of dwellings proposed is under ten, there is no requirement for providing public open space.

Layout and Residential Amenity: The layout of the site is acceptable and retains sufficient space around the dwellings and between surrounding dwellings in accordance with LPG 22, the development, subject to careful consideration of the appearance of the units and positioning of windows will therefore not have a detrimental impact upon residential amenity.

Although the area is predominantly rural in character and the site is currently used for the grazing of horses, the site does lie within recognised settlement limits where there is no objection in principle to development. I consider that the layout respects the density of surrounding properties and would therefore not harm the existing pattern of development.

In addition the previous application involved the demolition of the former Nags Head Public House, which is now to be retained and which will also ensure that the character of the area is retained.

Schools Contribution: Education have identified that there is a shortfall in school places within the catchment area of Bettisfield. As such it will be necessary for a S.106 agreement for a commuted sum payment to address this concern.

Future Development: There is an additional area of land adjoining the site, which also lies within the settlement limit, where there would be no objection to development. It is not considered that the development of this site would jeopardise the future development of this site as access could be gained, through the application site, with careful alignment of the buildings, which could be dealt with by way of an appropriate condition.

Drainage: The main issue of concern that has been raised by both the Environment Agency and local residents is the absence of a main drain through the village and the high water table within the area. The concerns raised relate to the likelihood that the cess pools proposed would not be able to adequately contain waste material without leakage and causing contamination issues to both the new dwellings and existing dwellings surrounding the site during periods of high rainfall.

The Environment Agency had concerns with a previous application for residential development in this area and has received complaints from residents who have stated Page No 64

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 that water ingress to existing tanks within the area as a result of the high water table has caused an increase in the frequency of disposal and costs.

In their consultation response, it is stated that further development should be refused until a foul sewerage system is installed to serve the village. They do not encourage cesspools as a viable long-term sewerage treatment on the grounds of sustainability, pollution prevention and environmental protection and state that cesspools are costly to empty and involve increased use of the road network which are against the principles of sustainable development. However, in addition to these comments, it is stated that if the Council is minded to approve the development, then a condition should be attached which requires all foul drainage to be contained within a sealed and watertight cesspool, fitted with a level warning device to indicate when the tank needs emptying.

Advice on drainage is contained within Circular 03/99 applicable to both England and Wales which indicates that the use of cesspools shall only be considered where connection to a public sewer is not possible and it is not feasible to provide a package sewage treatment plant and this should be clearly demonstrated by the developer. The guidance highlights that a properly constructed and maintained cesspool, should not lead to environmental, amenity or public health problems but also acknowledges that problems can occur as a result of overflows due to poor maintenance, irregular emptying, lack of suitable vehicular access and through inadequate capacity.

It suggests that the Local Planning Authority may wish to adopt the procedure for assessing septic tanks and whether the problems can be overcome by requiring additional information, and by attaching suitable conditions. Such considerations include the following subject areas.

Contravention of recognised practices, adverse effect on water sources/resources, health hazard or nuisance, damage to controlled waters, damage t the environment and amenity, overloading the existing capacity of the area, absence of suitable outlets, unsuitable soakage characteristics, high water table, rising ground water levels and flooding.

A drainage statement has been submitted in support of the application which indicates that the use of cesspools is the only suitable means for foul water due to the ground conditions and the high water table within the area and that rainwater harvesting will be employed to minimise the volume of surface water runoff from the site and to reduce the mains water demands of the development. In addition, to minimise flows to the cesspools during heavy rainfall and at times of reduced recycled water demand, the emergency overflow will be discharged to shallow blanket soakaways in the rear gardens.

I have requested further information from the agent to clarify why a package sewage treatment plant is not feasible and to address the other factors that need consideration as required by the circular. This additional information will be dealt with in an addendum report.

The Environment Agency has not specifically stated that the use of cesspools in this area would be likely to give rise to significant environmental, amenity or public health Page No 65

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 problems. Circular 03/99 indicates that the use of such tanks would not create these problems, provided they are properly maintained and constructed there would be no sufficient grounds for refusal subject to the attachment of an appropriate condition. I see no reasonable prospect of mains drainage being brought to Bettisfield although clearly that would be preferable.

Conclusion: Drainage is an important consideration, it is considered that the development of this site, would be unlikely to give rise to significant contamination issues or a detrimental impact upon residential amenity or environmental conditions in the area.. The proposed development in conjunction with the adjoining site would have number

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the design of the building(s) b. the external appearance of the building(s) c. 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 thereby approved. 3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Notwithstanding the layout details contained within the approved plan, all dwellings shall be sited so that compliance with the separation standards set out in Local Planning Guidance Note 21 are achieved. 5. The reserved matters application shall include full details about the means of foul and surface water drainage which shall include the long-term maintenance of these facilities and the installation of a sealed watertight cess tank and a level warning device to indicate when the tank needs emptying. The development shall only be carried out in accordance with the approved details. 6. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). 7. The reserved matters application shall include full details of all boundary treatments and the development shall only be carried out in accordance with the approved details. 8. The reserved matters application shall include a levels survey and cross- sections of the site indicating the floor levels of the proposed dwellings in relation to the levels of surrounding dwellings. 9. The reserved matters application shall include a design statement including an appraisal of the relationship of the development to surrounding properties. Page No 66

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 10. Vehicle parking and turning facilities shall be provided within the curtilage of the site in accordance with details to be submitted for further approval. Such facilities shall be made available for those purposes prior to the first occupation of the building(s) hereby permitted and shall thereafter be retained. 11. Prior to commencement of any site works, the detailed layout, design and means of traffic calming of the classified road shall be submitted to and approved, in writing, by the Local Planning Authority and shall be implemented in accordance with the approved scheme before the first occupation of the dwellings. 12. The new access road shall be progressively constructed to base course from the junction with the classified road across the frontage of each plot prior to the first occupation of the building erected thereon. 13. Notwithstanding the details contained within the approved plan, the exact position of the means of vehicular access shall be agreed as part of the reserved matters application. 14. Provision shall be made to offset the shortfall of educational facilities in accordance with a scheme to be drawn up as part of the reserved matters with the Local Planning Authority. 15. The reserved matters application shall include a full hard and soft landscape scheme.

REASON(S)

1. To comply with Section 92 of the Town and Country Planning Act, 1990. 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 order to ensure satisfactory levels of residential amenity are maintained. 5. In order to ensure foul and surface water drainage will be dealt with satisfactorily. 6. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to ensure the protection of the amenities of nearby residents. 9. In order to ensure that the development is compatible with the character and appearance of the surrounding area. 10. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 11. In the interests of highway safety. 12. To ensure that the roadway is constructed to a standard suitable for adoption. 13. In order to provide a safe means of vehicular access. 14. To accord with Local Planning Guidance Note 26. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

Page No 67

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

NOTE(S) TO APPLICANT

There shall be no bonfires on site.

A suitable dust management scheme shall be implemented to prevent dust nuisance from arising.

All works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 07.30 hours to 19.00 hours, Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays and at no times on Sundays and Bank Holidays.

The Highway Authority would be prepared to adopt the new road subject to the road being designed and constructed in accordance with the Council's Supplementary Guide to Design Bulletin 32 and provided that the separation between the access and the road serving Cambrian View is increased. The stub-ends of the turning head should both have carriageways 8 metres deep to facilitate use by refuse vehicles etc.

In relation to Condition 04, this may involve the re-positioning of the dwelling to the rear of New Leaf and Orca House and the dwelling to the rear of The Old Shop. ______Page No 68

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1082 Dee Bank Church Street Holt Wrexham 23/09/2005

DESCRIPTION: COMMUNITY: Removal of part of garden wall within CASE OFFICER: Holt boundary of property and formation of MP larger parking area

WARD: APPLICANT(S) NAME: AGENT NAME: Holt Mr M P Ahern Mr M P Ahern

______

SITE

Existing parking area

Wall

PROPOSAL

To remove part of existing boundary wall (between the house and the highway) to allow for the formation of a larger off-road parking area.

HISTORY

P/2005/1247 Single storey and two storey extensions and replace windows to front (s.e.) elevation. Pending

Page No 69

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Within the settlement limit . Also within Conservation Area/Article 4. Policies PS2, GDP1 and EC7 apply.

CONSULTATIONS

Community Council: Notified 26.9.05 Local Member: Notified 26.9.05 Other Representations: 1 letter of objection received. Main concerns are; - The existing space to the right of the front garden has never been used as a parking space; - Additional parking at the front of the house would not only detract from the look of the area and Dee Brink Cottage, but would remove a cottage style garden which is an asset to the village. The proposal would also create a danger for people, including children, using the public footpath which crosses in front of the property and the garden; - The location of the proposal is very close to the S type bend in the road and manoeuvring large vehicles at this point is dangerous to both pedestrians and vehicles. Site Notice: Expired 3.11.05

SPECIAL CONSIDERATIONS

Background: The removal of a wall and the formation of a hardstanding within the curtilage of a residential property would normally be permitted development under the Town and Country Planning (General Permitted Development) Order 1995. Permission is required because the property is located within an Article 4 designation, where alterations to the front of properties that is normally permitted development require planning permission.

Character and appearance: Approximately 3 metres of a 700mm high wall between the dwelling and the boundary wall running parallel with the highway (also 700mm high), would be removed to allow for the creation of a larger parking area. This would not detract from the appearance of the dwelling or wider street scene, particularly as the wall fronting the highway will remain. I am satisfied the proposal preserves the character of the Conservation Area. Further details of the surfacing should be submitted for further approval. A condition requiring this will be imposed.

Highway: With regards to the concerns expressed over highway safety, the vehicular access already exists and the area to the front of the dwelling is already hard surfaced and used to provide a single parking space (see photograph below).

Page No 70

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

wall

Access and parking area

The additional parking area would probably only allow for one additional vehicle to be parking to the front of the dwelling. It is unlikely that this will significantly increase the intensity in use of the access so as to endanger to pedestrians and other road users.

Conclusion: The proposal would not prove detract from the appearance of the dwelling and would serve to enhance the character of the Conservation Area. P/2005 /1082

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. The proposed parking area shall not be sufaced until full details of the materials to be used have been submitted to and approved in writing by the Local Planning Authority

REASON(S)

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1095 Land to front of Fernlea Lower Road 26/09/2005 Summerhill Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Gwersyllt Erection of boundary wall and new SEH vehicular access to provide off street parking WARD: AGENT NAME: Gwersyllt North APPLICANT(S) NAME: Mr G Wright Mr G Wright

______

THE SITE

Land to the rear of Nos. 11 and 9 Beech Street, fronting on to Lower Road, Summerhill.

5 Clayton

Cottages BEE CH

NEW ROAD Tree Tops The Georgian House

STR EET 16

Gla dwy n Grass verge Gresford

Gw View ynfa Application 15

Dav lin Grass verge Site 11 Trevalyn Lower 8

Road

2 Bryn Gwyn

x Fernlea

tage 1 Donella Hirdir View Cae Adroila Grass Bryncoed Garw Homestead Cottage 1 The Adr Verge Eirianfa 2 oila Homestead Ivy 3 1 Cottage 5 (HEOL Y CEDRWYDD) Gwynfa

Ty Cerrig 1 CEDAR MEWS 2 Hill Ash Canolfan Iechyd sbo 1 rou Cottage Pen y Maes gh 2 2 Autumn PO Tudor Health Centre Leaves 1 Cottage 2 Allandale 2 Sp M rin 1 1 2 4 ea m-y- g do 1 2 ws wawr Rose London House Cottage ngton HILL STREET Ty OS Crown Copyright. WCBC Licence No. LA09021L House The Capel PROPOSAL

Application to backfill and level out land and erect a retaining wall in retrospect, and to open a new access off Lower Road to provide off road parking and erect a boundary fence/wall.

RELEVANT HISTORY

No relevant history.

Page No 72

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Within the settlement limit of Summerhill. UDP policy GDP1 applies and Local Planning Guidance Notes No. 20, House Extensions and No.16 Parking Standards are also relevant.

CONSULTATIONS

Community Council: Notified 28/09/2005 Local Member: Notified 28/09/2005 Welsh Water: No objections Highways No objections Site Notice: Expired 19/10/2005 Other Representations: One letter of objection received raising the following points: • There is already a boundary wall on site and further groundwork may cause inconvenience. • A major sewage pipe is located beneath the application site.

SPECIAL CONSIDERATIONS/ISSUES

Background: This proposal is to open up a new access opposite ‘Fernlea’, Summerhill, onto land to the rear of properties on ‘Beech Street’, and to erect a boundary fence/wall to a maximum height of 2.4 metres from ground level. The groundwork, involving backfill of the land and erection of a retaining wall constituting 1.5 metres of the overall height, has previously been carried out. The main issues to consider relate to the potential impact upon neighbouring properties.

Daylight: The raised ground levels, retaining wall and proposed boundary fence/wall are located some 27 metres from the nearest property and would not have a significant impact upon the adjoining properties in terms of loss of light or have an overdominant impact when viewed from habitable room windows.

Highways: The proposed new access is off Lower Road, where other off road parking provision exists. The site is large enough for vehicles to access and exit the site in a forward gear and adequate visibility in both directions is achievable.

Other Matters: The proposed parking area would not impede on any maintenance or remedial work needed to the sewage system and no further significant groundwork is required.

Conclusion: I am satisfied that the proposal acceptable in terms of location and highway safety and that the proposal accords with local policy.

Page No 73

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

RECOMMENDATION That permission be GRANTED

CONDITION(S)

REASON(S)

NOTE(S) TO APPLICANT

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1096 Waterways Aquatic & Garden Centre Holt 26/09/2005 Road Llan-Y-Pwll Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Holt Variation of condition no.7 of Planning JGK permission P/2003/0707 to permit the sale of fireworks and christmas decorations WARD: AGENT NAME: Holt APPLICANT(S) NAME: The Planning Consultancy Waterways Aquatic & Garden Centre

______

THE SITE

Waterways garden Centre, Holt Road, Llan y pwll.

Pond 4 53 AD A RO AM XH RE W Koinnoyia Application Site 47.2m 46.6m

Y e w

T r 51.2m e Hugmore Lane Fa e

F a r m

C o LB n i Garden Centre s t e r 46.6m

te erga Amb Tank Holly Grove

Pond

Longmeadow

43.6m

Pond

OS Crown Copyright. WCBC Licence No. LA09021L

PROPOSAL

Variation of condition no 7 of planning permission P/2003/0707 to permit the sale of fireworks and Christmas decorations.

RELEVANT HISTORY

CB1435 Change of use to garden centre with retail sales, installation of two no portaloos, alteration to existing vehicular access and car park. Approved 08.09.97. Page No 75

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 P/2001/0578 O/A Erection of café ancillary to main use of premises as garden centre. Approved 30.07.01. P/2003/0312 Construction of conservatory display area. Refused 30.04.03. P/2003/0707 Change of use of agricultural land for enlarged business curtilage, temporary use of land for storage and decanting purposes, new sales building, children’s play area, café and toilet block and new septic tank (retrospectively). Granted 11.10.04. P/2005/0040 Renewal of consent for V board (CB1847) and erection of temporary banners for seasonal products (in retrospect). Granted 11.04.05.

DEVELOPMENT PLAN

Outside settlement limits and within a green barrier in the Unitary Development Plan. UDP Policies PS2, GDP1 and EC1.

CONSULTATIONS

Community Council: Objects on the grounds that the sale of fireworks and Christmas decorations not directly related garden centre items. Local Member: Notified 19.01.05. Public Protection: No comments. Site Notice: Expires 27.10.05. Other representations: Comments as follows: • No objections in principle. However should be a condition attached restricting displays or demonstrations on the premises. • Previous demonstrations have caused concern to the locality. • No problem with the sale of Christmas decorations but object to the sale of fireworks. It results in inappropriate large and garish posters together with flyposting, and a fireworks display which is disturbing to the locality. • Site needs tidying.

SPECIAL CONSIDERATIONS/ISSUES

Background: Permission was granted in October 2004 for an increased use on this site. It is now a well established garden centre selling a large number of related goods. The application is to vary condition no 7 of the above permission by adding fireworks and Christmas decorations to the list of goods permitted to be sold from the premises. The agent has supplied a statement to justify why the application to vary the condition should be considered favourably. It explains at length that: • The sale of fireworks and Christmas decorations has no material impact in visual terms that are detrimental to the amenities of the locality. • Both would be sold from inside the buildings. • The visit of a customer to buy fireworks or Christmas decorations is indistinguishable from the visit to buy any other goods. Page No 76

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 • The core period for sales is April to August within the main summer period and reduces into and through the winter months. • Fireworks and Christmas decorations are important seasonal goods, which will help maintain turnover and retain staff. • Refusal will significantly harm the viability of the existing business and result in redundancies.

Policy: The site is an existing garden centre in the open countryside and in an area of Green Barrier (UDP Policy E1 refers). The reason given for the imposition of Condition no 7 was to enable proper control over the development in the interests of amenity. However, it should be understood that the said reason for refusal also sought the protection of amenity in the wider sense in that such locations should not evolve into general shopping sites. I do agree with the statement in the applicant’s supporting information that the sale of fireworks and Christmas decorations does not affect the amenity of the area (see below). Condition 7 does restrict sales to specific items and therefore the authority has control over the growth of this garden centre.

Another reason for the authority’s concern in relation to the sale of these items is that they are not ‘garden centre’ related products. It is important that garden centres primarily remain as such and do not gradually diversify into a general shopping location selling goods, which should be sold from Wrexham Town and recognised district shopping centres and in so doing protecting their vitality and viability.

At the moment it would appear that the area devoted to fireworks and Christmas decorations is only a very small part of the total site area and as such I consider that this would not detrimentally affect the above mentioned retail areas. A large proportion of other garden centres sell either fireworks or Christmas decorations or both. I do not consider that the sale of such goods from Waterways, an established larger garden centre, will be detrimental to the policy principle in seeking to restrict the growth of smaller ‘nursery’ operations such as at Bronington (refused April 2001).

Amenity: I am not aware of any previous complaints in relation to the sale of fireworks and/or Christmas decorations. There have been no objections in principle to the sale of Christmas decorations and one objection to the sale of fireworks in response to this application. However, there have been complaints when a fireworks display took place a few years ago. This concern has again been expressed by the local community. I accept that these items have been sold for a number of years with no significant complaint and I do not consider that their sale in itself, to adversely affect the amenity of the local area. However, I am concerned about the possibility of any future firework demonstrations causing a disturbance to nearby occupiers. With this in mind I have added the following to the variation ‘ … that no firework demonstrations shall take place without the approval of the local planning authority’. The display of banners to the front of the premises is now controlled by the recently approved application (see above) and flyposting is illegal and can also be controlled.

Conclusion: I consider that the proposal to vary Condition no 7 to be acceptable. With the additional wording to secure that no firework demonstrations will take place without permission I consider the result will not have an adverse impact upon the other shopping areas, the locality or adjoining properties.

Page No 77

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

RECOMMENDATION

That Condition No 7 of planning permission (P/2003/0707) be amended (additions in italics)

Condition 7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, and the Town and Country Planning (Use Classes) Order 1987 the use of the site shall be strictly limited to the display and sale of plants, shrubs, trees ornamental timber (including timber summerhouses and garden sheds), pots, stoneware, gardening tools, horticultural requisites, gravel, fences, Christmas decorations and fireworks. Specifically this does not include conservatories. There shall be no firework demonstrations or letting off of fireworks within the site without the permission of the local planning authority.

______Page No 78

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1117 Wrexham Rugby Club Bryn Estyn Road 30/09/2005 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Abenbury Conversion of existing function rooms into SJG BI office accommodation

WARD: APPLICANT(S) NAME: AGENT NAME: Holt MDPH Ltd JIG Architectural Ltd

______

THE SITE

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PROPOSAL

Change of use of the part of the ground floor and most of the first floor to form offices, as a change from class D2 to B1. The remainder of the building would be retained for recreational use, including a gym, changing rooms, function room, toilets and bar on the ground floor and a kitchen and toilets on the first floor. The application would create a total of 793m2 of office space in 9 offices, and involves new and altered windows and doors. The section of car park nearest to the building is to be marked out for 40 spaces including 6 mobility spaces, together with a cycle parking area, with the remainder of the large parking area left as existing.

Page No 79

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICANT’S STATEMENT

The club has been established on the site for many years and has vehicular access to Bryn Estyn Lane and pedestrian/ cycle access to the south and north-west. The existing buildings are built in a dark brown brick and the facilities include club changing rooms, bar and entertainment facilities, two function rooms, gymnasium, studio, sauna, and a corporate entertainment facility. A steady decline in the use of the facility for entertainment and recreation has resulted in the function rooms and much of the first floor being left redundant for the past 4 years. The lack of use and planned maintenance has resulted in sections falling into a poor state of repair and appearance.

The scheme proposes: Rugby Club: retain and upgrade the majority of the existing facilities. Gym: retained and upgraded but restricted to the ground floor only Offices: It is proposed to convert the existing ground floor function room, first floor function rooms and first floor gym into B1 office space, including comprehensive remodelling. A new stair and lift will be installed to comply with DDA requirements.

The scheme will bring benefits to the club by reducing the current high levels of vandalism and crime by having occupation during a longer period. It will make the existing recreational use more sustainable and viable, and provide modern facilities. The rugby club and gym will have their own self-contained facilities. The gym will provide a service for users of the offices. The development would provide affordable office space in an area lacking is such provision, and will utilise the existing fabric and infrastructure of a building which is at present largely redundant.

A traffic impact report has been submitted, stating that the building could generate more traffic than its existing use, by virtue of the existing permission. The change of use would reduce potential traffic flows along Bryn Estyn Lane.

RELEVANT HISTORY

6//0602 New sports club Granted 28/11/1974 6//0602/1 Amended details of club Granted 14/3/1975 6//3307 Squash court and changing rooms Granted 29/7/1977 6//3770 Amended details of squash court Granted 27/1/1978 There are no restrictions on the hours of use of the sports club.

DEVELOPMENT PLAN

Outside the settlement limits in the Unitary Development Plan and within a Green Barrier. Policies PS2 PS4 EC1 E5 and GDP1 of UDP are relevant, together with LPGN 16.

CONSULTATIONS

Abenbury C Council: Consulted 4/10/2005 Local Member: Consulted 4/10/2005 Page No 80

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Highways: Consulted 4/10/2005 CHPPO: Comments re health and safety Site Notice: Expired 28/10/2005 Other representations: Adjoining occupiers notified 10/10/2005 1 objection received on grounds of : a. Increase in traffic on Bryn Estyn Road will increase noise pollution b. Recent incidents of accidents or near misses. c. Lack of passing places or speed controls on the road

SPECIAL CONSIDERATIONS/ ISSUES

Policy: The application site lies in open countryside and green barrier. Policy E5 allows for small scale employment development in the countryside through the conversion of existing buildings. Although the proposed development is not small scale (the proposal is to provide 793 sq metres of office space), the site's location right on the edge of Wrexham makes it suitable for conversion to office floor space. The site will be accessible on foot by quite a lot of people in the immediate area, and to that extent it is a sustainable location for offices.

Traffic Generation: Highway comments are awaited, but as the use will replace the existing leisure club/ function room use no objections are expected There is ample parking provision at the site.

Alterations to building: The alterations will improve the appearance of the rather bland structure.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

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 the interests of highway safety. Page No 81

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

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

The proposed development lies within a former coal mining area. You should take account of any hazards to stability which may arise from coal working in or near the site. Specific advice on any past working may be obtained from the Coal Authority Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

You are reminded that the Disability Discrimination Act 1995 applies to this development.

You are advised that the premises shall comply with the Health and Safety at Work etc Act, 1974 and you should contact the Council's Public Protection Department in connection therewith. ______Page No 82

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1123 Rear of no.9 and 11-15 Town Hill 30/09/2005 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa Variation of condition previously attached KH to the Grant of Planning Permission P/2004/0496 to increase opening hours WARD: AGENT NAME: Offa APPLICANT(S) NAME: JWPC Ltd Barracuda Group

______/2005 /1123 THE SITE

Includes 11-15 Town Hill and the courtyard to the rear of 9 Town Hill (formerly Dodmans) off the western side of Town Hill. Y

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PROPOSAL

As above.

HISTORY (Most Relevant)

P/2002/1124 Change of use and alterations to form public house, 11-15 Town Hill. Grant of planning permission 20.06.03. P/2003/0236 Change of use of yard/access from Class A1 to A3 together with use of rear Class A3 premises as licensed premises – 9 Town Hill. Grant of planning permission Granted 09.06.03. Page No 83

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 P/2004/0496 Variation of Condition 06 imposed under P/2002/1124 and Condition 05 imposed under planning permission P/2003/0236 to allow hours of opening from 9.00 am to 12.00 midnight (Sunday to Thursday) and 9.00 am to 1.00 am (Friday and Saturday). Granted 05.07.04.

DEVELOPMENT PLAN

Within Town Centre Conservation Area. Policies PS1, GDP1 and EC7 of the Unitary Development Plan refer.

CONSULTATIONS

Community Council: No objection to increase in hours of building but courtyard use should be restricted to existing restricted hours. Local Member: Consulted 05.10.05 CHPPO: No observations. North Wales Police: Consulted 05.10.05 Other Representations: Concern from nearby resident with regard to increase in hours of use of courtyard. No objection to increase in hours to building (oral). Site Notice: Expired 31.10.05.

SPECIAL CONSIDERATIONS/ISSUES

Proposal/Impact of later hours: Intention is to increase the hours customers can use the premises by an extra 30 minutes from 12.00 midnight Monday to Thursday to 12.30 the next day and from 1.00 am to 1.30 am (next day) Friday/Saturday, and to increase the hours of the use of the courtyard from 11.30 pm to coincide with the hours of the use of the rest of the pub.

The increase in hours sought would then coincide with the authorised licensing period for the premises. The licence enables the premises to sell alcoholic drinks until 12.00 midnight Sunday to Thursday and 1.00 am Saturday and Sunday with 30 minutes drinking up time.

I would not anticipate the use of the premises for an additional 30 minutes significantly compounding problems of noise and disturbance, either through the later use of the building or customers leaving the premises, given the numerous other A3 uses in the vicinity.

My concerns, as with previous applications, remains as to extended use of the courtyard. The applicant considers that the surrounding buildings would act as a buffer with regards to noise whilst the bar should provide a designated area for smoking and the open plan nature of the building, together with service of food, would make this difficult to achieve in the building.

With regard to noise, there are residential units in close proximity and whilst I appreciate the courtyard is enclosed on the four sides, noise from use of the courtyard Page No 84

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 would be significant, increasing general noise levels and detrimental to amenity at unsociable hours.

The legislation does not prohibit internal designated smoking areas and whilst I appreciate it may be more difficult to provide internally, this is not sufficient justification to enable extended hours of the courtyard.

Crime and Disorder: The extended but restricted nature of the hours should still ensure there is a reduction in the concentration of people at specific times when club goers and users of late night establishments disperse. This will ensure problems of disorder are not compounded.

Conclusion: I am satisfied the marginal increase in hours of use of the building will not significantly increase levels of noise and disturbance or compound problems of disorder. The extended use of the courtyard is inappropriate, however, and would increase levels of noise and disturbance at unsocial hours to the detriment of residential amenity.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No customer use of the premises shall be made before 9.00 am or after 12.30 am (next day), Sunday to Thursday and before 9.00 am or after 1.30 am (next day) Friday to Saturday. 3. Notwithstanding the approved documentation, the use of the rear courtyard shall be strictly limited to the hours of 9.00 am to 11.30 pm on any day.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of nearby residential amenity and to ensure the use does not compound problems of disorder. 3. In the interests of residential amenity.

NOTE(S) TO APPLICANT

You are reminded that with the exception of the variation of Conditon 06 of the grant of planning permission P/2003/0236 and Condition 02 of the grant of planning permission P/2004/0496, the conditions attached to those permissions are still applicable. ______Page No 85

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1127 The Old Coach House Whitchurch Road 30/09/2005 Bangor On Dee Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Bangor is y Coed Parking and operation of 1 no. private hire SB vehicle

WARD: APPLICANT(S) NAME: AGENT NAME: Bronington Mr J P Davies Mr J P Davies

______

THE SITE

The site refers to one of four barn conversions located alongside the A525 on the Bangor to Whitchurch Road

Site

Garage for Unit A

PROPOSAL

As above.

RELEVANT HISTORY

P/2000/0819 Conversion of redundant farm buildings to create 4 no. residential units.

Page No 86

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Outside settlement limit. Policy GDP1 and LPG 8 apply.

CONSULTATIONS

Community Council: No objections. Local Member: Consulted 05.10.05 CHPPO: Consulted 08.10.05 Highways: No objections. Other Representations: Two letters of objection raising the following issues:

• The exit onto the A525 from the Old Coach House is a danger and the increase in the volume of traffic would be about ten times the current amount and would cause a danger to residents. • The nuisance/noise factor of people walking up from Bangor at any hour waiting for a taxi and disturbing the neighbours. • There is currently no approved parking facility as the conversion scheme is ongoing. • The taxi office will devalue surrounding properties. • Noise from vehicles entering and leaving the site at unsociable hours and causing a disturbance. • The designated parking area for the old coach house is right in front of the bedroom widow for the Shippen, which will cause disruption to the eventual occupiers of this nearly completed property. • There is a restrictive covenant on business use from any of the properties, which is strictly limited to residential. • Concern about the use of taxis for the distribution of various products such as phone books etc. • The designated parking space for this property has not yet been provided due to ongoing construction work. Site Notice: Expired 02.11.05

SPECIAL CONSIDERATIONS/ISSUES

Background: Permission is sought for a non-operational taxi use from one of the four barn conversions. Permission was granted in 2000 for the barns to be converted into four dwellings. The application property consists of two bedrooms, a living room and kitchen/dining area and has a detached single garage located in the courtyard in front of it. Not all of the units are occupied and construction is still on-going.

The applicant intends to arrange all bookings by phone and will operate one privately owned vehicle, which will also be for personal use. The number of vehicles will thus amount to one.

Policy: LPG 8 indicates that such small-scale uses are generally acceptable in predominantly residential areas, providing that any mast and equipment is acceptable in visual and operating terms. The main issues to consider relate to the impact of the Page No 87

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 appearance of any necessary equipment and the impact upon residential amenity and highway safety.

Parking and Access: The dwelling unit is two bed and therefore requires the provision of two parking spaces. There is one space in the garage and also parking available directly in front of it. I have requested clarification with regards to this from the applicant and will address in the addendum report. Highway advice confirms that they have no objection so it is therefore unlikely that such small-scale activity will give rise to any increase in danger to all users of the highway.

Residential Amenity: Given that only one vehicle is to be used by one driver, it is unlikely that vehicle movements to and from the site would be significantly above existing vehicle activity and no more than if the applicant was employed as a taxi driver elsewhere. It is therefore considered that the impact upon residential amenity will only be minimal and not to the extent that it would cause any detrimental harm. However, it will be necessary to impose a twelve-month temporary condition in order to allow the situation to be indirectly monitored.

It is intended that all bookings will be made by phone and there will therefore be no requirement to install any radio- controlled equipment and hence there will therefore not be any impact upon the appearance of the area.

Conclusion: Given the small scale of the use proposed, it is unlikely that a non- operational taxi use would have a detrimental harm on residential amenity or highway safety and will cause no more nuisance than the applicant being employed as a local taxi driver working for private company with their own operator licence.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The use hereby permitted shall cease and be abandoned not later than 31 December 2006. 2. No customers shall call at the property forming part of this application in connection with the private hire vehicle business.

REASON(S)

1. To monitor the impact of the use on the amenity of neighbouring properties. 2. The site is closely adjoined by residential properties and it is necessary to control the nature of the booking arrangements in order to prevent any nuisance to adjoining residents.

NOTE(S) TO APPLICANT

It is advised that the grant of planning permission does not override any restrictive covenants that may be attached to the property. ______Page No 88

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1138 Land opposite Clinton Terrace/Waterloo 03/10/2005 House Newbridge Road Cefn Bychan Wrexham COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: SB Outline application for residential development WARD: AGENT NAME: Cefn APPLICANT(S) NAME: Merlin Properties Merlin Properties

______

THE SITE

A 11m wide strip of vegetated land having an area of 0.098 hectares lying directly adjacent to the railway line. Residential properties lie directly opposite the site.

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PROPOSAL

As above.

RELEVANT HISTORY

6/9867 – Proposed car park to serve Mason’s Arms and construction of new access. Refused 29.06.1983 Page No 89

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Adjacent site 6/21435 – Demolition of existing station house and erection of one pair of semi- detached dwellings and alteration of existing vehicular access. Refused 06.09.93

DEVELOPMENT PLAN

Within settlement limit in Unitary Development Plan. Policies GDP1 and T8 apply.

CONSULTATIONS

Community Council: Supports application Local Members: Consulted 05.10.05 Welsh Water: Scheme for comprehensive drainage required. CHPPO: Contamination condition required; site is next to railway – noise survey required. Highways: Consulted 05.10.05 Environment Agency: Consulted 14.10.05 Network Rail: Consulted 13.10.05 Other Representations: Five letters of objection raising the following issues: • The road is not the safest stretch of highway with poor visibility and cars parked along Clinton Terrace. • There is a lack of on road parking for existing residents. • It would create a danger to pedestrians. • The houses will lie alongside the railway line. • It will create overlooking and loss of light and there would not be much room to create any gardens. • New houses would not be in keeping with the area, which is Victorian. • The site is not stable and it would be unsafe to dig near the railway track. • It will devalue the properties in the area and spoil the view. • It would have a negative impact upon the character of the area. Site Notice: Expired 02.11.05

SPECIAL CONSIDERATIONS/ISSUES

Outline permission is sought for residential development and all matters have been reserved for subsequent approval. The site lies within settlement limits where there is no objection in principle to such development. The main issues to consider therefore relate to the suitability of the site to support residential development whilst also ensuring that no harm is caused to highway safety. It should also be ensured that any development could meet council adopted standards with regards to separation Page No 90

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 standards, private amenity and parking space and that the appearance of the development would not have a harmful impact upon the character of the area.

Separation Standards and Residential Amenity: The front of the site lies within 14m of the dwellings located directly opposite at its furthest point and within 8.5m at its closest point. The railway line itself is raised above the application site. Given such close proximity to these existing features, it is not considered that the site is capable of supporting residential development without compromising separation standards and without creating a sub-standard form of accommodation. Furthermore, there is insufficient room to create sufficient private amenity space whilst also meeting separation and other adopted standards.

Parking and Access: The road onto which the site would be accessed is classified and sufficient turning space would be required to prevent vehicles from reversing out onto the highway. However, due to the narrowness of the site, it would be impossible to create such space in addition to the dwellings and other requirements that need to be met as detailed in this report.

Other objections: Property de-valuation and the loss or personal view points are not material planning considerations and have therefore not been given any consideration in the determination of this application.

Conclusion: The site is too narrow to accommodate residential development without having an impact upon existing residential amenity and without creating a substandard form of accommodation. The close proximity of the railway line behind the site would further reduce the level of amenity to any developed properties. I therefore recommend that permission be refused.

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The site by virtue of its size and relationship to the adjoining railway line, highway and nearby residential properties, is not capable of supporting residential development without having an impact upon existing residential amenity, or creating a form of accommodation capable of meeting Council adopted standards with regards to separation distances, parking, turning and private amenity provision. Any resulting development would therefore create a substandard form of accommodation. The proposal is therefore contrary to Policies GDP1 and PS2 of the Wrexham Unitary Development Plan and also to Local Planning Guidance Notes 16 and 21.

______Page No 91

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1145 Eglwys Cross Cottage Ty Broughton 05/10/2005 Whitchurch Shropshire

COMMUNITY: DESCRIPTION: CASE OFFICER: Bronington Listed Building consent for rendering of MP dwelling

WARD: APPLICANT(S) NAME: AGENT NAME: Bronington Mrs I Bowers Wrexham Care & Repair

______

SITE

The property is adjacent to the A525 Wrexham to Whitchurch Road.

Elevation to be rendered

PROPOSAL

To render the south-facing end elevation with lime mortar.

HISTORY

No recent relevant planning history.

Page No 92

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

DEVELOPMENT PLAN

Outside settlement limit. Policy EC9 applies.

CONSULTATIONS

Community Council: Notified 6.10.05 Local Member: Notified 6.10.05 RCAHMW: No comments Wrexham Area Civic Society: Re-pointing not adequately carried out. Suggest alternative means of preventing rain penetration. Rendering would destroy the authenticity of the listed building and is objected to by the Civic Society. Site Notice: Expired 28.10.5

SPECIAL CONSIDERATIONS

Background: The building is a Grade II listed building. It is listed for “its special interest as a C17th timber framed house retaining its overall form in spite of repairs and modifications over many years”. The applicants’ justification for the work is that the bricks are in a poor condition, most having lost the surface from frost, and a large number are cracked. The elevation is fairly exposed and rain is driven through the wall into the building.

Impact on Listed Building: The Building Control Officer and I agree with the applicants’ assessment of the poor condition of the wall. The Civic Society suggests that further re-pointing should be carried out and clear silicone applied to assist in weather exclusion. The condition of the bricks as well as the mortar mean it is unlikely that re-pointing alone would prevent water seeping through the walls. I conclude that rendering would be an appropriate means to permanently protect the elevation from further degradation and to prevent water passing through the walls.

Although the application of render would have some impact upon the overall appearance of the building, in my view it would not fundamentally alter the character and appearance of the building and would ensure that the fabric of the building is protected. The applicants will need to submit full details of the render mix, finish and final colour for further agreement prior to its application to the building. A condition will be attached.

Conclusion: I am satisfied the proposal accords with policy EC9.

RECOMMENDATION A

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

Page No 93

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 RECOMMENDATION B

That the Chief Planning Officer is authorised to issue the appropriate certificate forthwith if CADW refers the application back to the Council for determination.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The works hereby granted consent shall be begun before the expiry of five years from the date of this consent. 2. Render shall only be applied to the south-facing elevation and no other elevation of the building. 3. No render shall be applied to the building until full details of the render mix and finish have been submitted to and approved, in writing, by the Local Planning Authority. The rendering shall be carried out in strict accordance to the details as approved. 4. Within three months of the application of the render to the building it shall be finished in a colour that has previously been agreed, in writing, by the Local Planning Authority.

REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. In the interests of protecting the fabric and character of the Listed Building. 3. In the interests of protecting the fabric and character of the Listed Building. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. ______Page No 94

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1153 Parsonages Farm Bottom Road 07/10/2005 Summerhill Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Gwersyllt Demolition of existing pair of semi- KH detached houses and erection of 2 no. linked detached replacement dwellings WARD: including conversion of outbuildings as AGENT NAME: Gwersyllt North ancillary accommodation and repositioning A J Minshull access drive

APPLICANT(S) NAME: Mr T Bellis

______

THE SITE

Parsonages Farm Off the west side of Bottom Road, Summer Hill.

site

OS Crown Copyri ght. W CB C Licence No. LA 09021L

PROPOSAL

As above.

DEVELOPMENT PLAN

Outside settlement in U D P. Policies GDP1 and H10 refer

Page No 95

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

CONSULTATIONS

Community Council: Consulted 7.10.05 Local Member: Concerns regarding the provision of the new dwellings in terms of the policies and the traffic implications, with the adjoining narrow road. CHPPO: No objections. Highways: No objections. Welsh Water: No Observations. Other Representations: None. Site notice expired: 3.11.05

SPECIAL CONSIDERATIONS/ISSUES

Policy: Policy H10 of the Wrexham Unitary Development Plan enables replacement dwellings within the open countryside where properties are either habitable or can be made habitable without substantial reconstruction. Consideration is also required in terms of the location of the replacement dwellings and the floor area bulk and character of the original dwellings.

The existing dwellings are semi-detached with the proposed replacements detached but linked with a garage and covered walkway. It is clear that the houses have been occupied relatively recently and are in a sound structural condition.

The orientation of the buildings would change with the proposed dwellings facing the road rather than side on. The proposed plot 1 would however remain on the site of part of the demolished existing properties. With regards to volume the overall increase is approximately 45% with the local Planning Guidance Note 13, Housing in the Countryside indicating that the size of replacement dwellings should not be materially larger than the original dwellings with 30% to 40% normally acceptable.

I do not consider the increase in volume is unreasonable or will compromise the Council Policies. I am conscious that both existing properties which have not been extended would be entitled to 70m3 as permitted development, which I feel is a consideration. The replacement dwellings are modest in size and the change in orientation, with plot 1 partly on the site of the existing dwellings and the proposed increase in volume will ensure the replacement dwellings will not adversely affect the character of the existing Countryside.

Conversion of outbuilding: An existing outbuilding will be partly converted and partly remodelled to provide new garaging and ancillary outbuildings to plot 2. The part of the building to the front of the site will be demolished and rebuilt to the rear of the converted building. This partial demolition and the removal of an existing garage to the site frontage will provide increased visibility for vehicles leaving the site.

The remodelling of the building and the provision of a pitched roof to the structure will have a limited impact on the Countryside whilst reducing the likelihood for further application for ancillary structures.

Page No 96

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Access: A new access is proposed to serve both properties to the south of the existing access. The removal of structures adjoining the site frontage and a repositioned access further away from the road junction will provide a safer access with improved visibility compared to the existing. I would not anticipate vehicle movements being significantly different to the previous situation and any significant impact on the adjoining highway network.

Conclusion: The proposals are considered acceptable and comply with the requirements of the Policies relating to replacement dwellings. The impact on the surrounding Countryside will be comparable to the existing situation.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 4. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved by the Local Planning Authority. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. 5. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). 6. Notwithstanding the approved plans details of parking and turning arrangements for plot 1 shall be submitted in writing for the further approval of the Local Planning Authority . The works as approved shall be provided prior to the first occupation of plot 1 and retained thereafter 7. No part of the development hereby approved shall be occupied until the existing accesses indicated on the approved drawing have been closed in accordance with a specification which has been submitted to and approved by the Local Planning Authority Page No 97

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 8. The access to the development shall only be laid out and surfaced in accordance with details to be submitted to and approved in writing by the Local Planning Authority before the use is first commenced. 9. The height of the highway means of enclosure along the complete frontage of the site shall not exceed 1 metre in height above the level of the nearside edge of the adjoining carriageway 10. Details of all boundary means of enclosure including internal division shall be submitted in writing for the further approval of the LPA. The works as approved shall be provided and retained thereafter unless otherwise agreed in writing with the LPA. 11. The use of the outbuilding to be used in conjunction with plot 2 shall only be used for a purpose incidental to the use of the property as a single dwelling house and shall not preclude the parking of two motor vehicles. 12. Prior to the commencement of any demolition works on site, the following details shall be submitted for the further approval of the local planning authority: i. an audit of all existing building materials ii. the potential re-use and recycling of those materials for incorporating into an agreed, replacement site development, and iii. where relevant, the recipient of remaining building materials. The approved audit shall form part of the building contract agreed for new building development for the site, a copy of which shall be submitted for record purposes for the local planning authority. 13. The existing dwellings shall be demolished and the site cleared prior to commencement of the development hereby approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure the development does on compromise the Council Policies with regard to residential development within the Countryside 6. To ensure that adequate parking facilities are provided and maintained within the curtilage of the site in the interests of the free flow of traffic, highway safety and the amenities of the locality. 7. In the interests of highway safety. 8. To ensure the formation of a safe and satisfactory access. 9. In the interests of highway safety. 10. In the interests of privacy and the general visual amenities of the area 11. To ensure the works do not compromise the Councils policies for development in the Countryside 12. To ensure that the development involves a sustainable approach. 13. To ensure the Councils Policies for development in the Countryside are not compromised and in the interest of the general visual amenities of the area Page No 98

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

NOTE(S) TO APPLICANT

If evidence of storage/ spillage of agro-chemicals or hydrocarbons are found in or around the outbuildings/ area then it would be prudent to investigate the potential for residual contamination. Should you require any advice on this issue contact the Councils Environment Protection Section on 297041

All works, ancillary operations and the use of plant and machinery which are available at the site boundary shall be carried out only between 07.30 hours to Saturdays and at no time on Sunday and Bank Holidays.

There shall be no fires on site, to include the prohibition of the burning of cleared vegetation.

A suitable dust management scheme shall be implemented on site to prevent dust nuisance from arising. ______Page No 99

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1159 Pizza Hut Restaurant Wrexham Central 10/10/2005 Retail Park Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa Erection of 4 no. fascia signs and 1 no. SEH totem sign

WARD: APPLICANT(S) NAME: AGENT NAME: Brynyffynnon Pizza Hut (UK) Ltd Pegasus Planning Group

______

THE SITE

Pizza Hut Restaurant located to the rear of Regent Street on the new Central Retail Park, as currently under development.

## # #

# # # # # E E C A # R L E G P E N RegentN T S O # # T T R X Pizza Hut E A E T C (S TR YT Y R UNION ROAD H A Street G LAA W )) ##### # # # #

C EN TR A L RR O A DD #

D # D A # OO R R CE Y Proposed N Y T E RA L L L D A R R OA D B # Totem Sign # C EN TR A L R O AA DD # # # #

DD A OO R D D 'S AA ' K OO K T R RR R N A Y Bradley A Y M EE S LL T D D S D D A R R # O B F F Road ( OS Crown Copyright. WCBC Licence No. LA09021L

PROPOSAL

As above.

RELEVANT HISTORY

No relevant history.

DEVELOPMENT PLAN

Within the settlement limit of Wrexham Town Centre. UDP policy GDP1 applies and Local Planning Guidance Note No.1, 9 and 18 are also relevant. Page No 100

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

CONSULTATIONS

Community Council: No objections provided that there is only one sign to the front elevation in accordance with those units on Island Green. Local Member: Notified 11/10/2005 Site notice: Expired 01/11/2005 Other Representations: Notified 04/11/2005

SPECIAL CONSIDERATIONS/ISSUES

Background: This proposal is for the erection of an illuminated sign on each elevation of the new Pizza Hut Restaurant and a Totem sign. As Highways have raised no objections, the main issue to consider relates to the visual impact the proposed signs would have upon the area.

Design and Amenity: The members may recall that previously, permission has been refused for illuminated signs on the rear elevation of ‘Argos’ at Island Green Retail Park, because of the detrimental effect that this may have on the visual amenities of Bradley Road.

For this reason the Community Council has suggested that this proposal should be reduced to just one illuminated sign on the front elevation only, in line with those units on Island Green. However, the application site is not located adjacent to Bradley Road, but off Central Road over 100 metres away, and to the rear of Regent Street, off Union Road. That said, it is not appropriate to consider this proposal in relation to those same circumstances on Island Green.

There are no residential properties in this location and it is not felt that the erection of the signs, as proposed, would have a detrimental impact on the visual amenities on Bradley Road, or those of the surrounding area.

Conclusion: I am satisfied that the proposed advertisements are acceptable in terms of scale, design and location, and that the proposal accords with local policy.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. Page No 101

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. 4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission. 5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 6. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 1200 candelas/sq.m. 7. Notwithstanding the provision of the Town and Country Planning (Control of Advertisements) Regulations, the advertisement(s) hereby granted consent shall be removed before the expiration of five years from the date of this consent.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 6. To ensure that any lighting is designed so as not to detrimentally affect the amenities of the occupiers of nearby properties. 7. To ensure a satisfactory standard of appearance of the development.

______Page No 102

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1170 Yew Tree Cottage Horsemans Green 11/10/2005 Whitchurch Shropshire

COMMUNITY: DESCRIPTION: CASE OFFICER: Hanmer Re-siting of garage MP

APPLICANT(S) NAME: WARD: M A Rosson AGENT NAME: Overton M A Rosson

______

SITE

The application site is approximately 200 metres to the south of Horsemans Green.

New siting of garage New siting of garage Siting of garage as granted Sitingunder of P/2005/0164 garage as approved under P/2005/0164

Replacement dwelling under construction

PROPOSAL

The application is for the re-siting of a garage, the erection of which was originally granted permission, along with the replacement dwelling currently under construction under code no. P/2005/0164 on 11 April 2005. Page No 103

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

HISTORY

P/2005/0164 Demolition of Existing Dwelling, Construction of New Dwelling, Construction of New Vehicular Access, Garage and Storage Block and Extension to Residential Curtilage. Granted 11 April 2005

DEVELOPMENT PLAN

Outside settlement limit in the Unitary Development Plan. Policies PS2 and GDP1.

CONSULTATIONS

Community Council: Notified 12.10.05 Local Member: Notified 12.10.05 Other representations: Nearby properties notified 14.10.05 Site Notice: Expired 3.11.05

SPECIAL CONSIDERATIONS

Background: The erection of a replacement dwelling and new garage was granted planning permission 11.04.2005 under code no. P/2005/0164. The garage was located to the rear of the site. The applicant’s wife is a senior member of staff.

Siting and design: The applicants now wish to site the garage to the side of the new dwelling. The size and design of the garage remains as previously approved. The revised siting would not prove harmful to the appearance of the site, the surrounding countryside or the amenity of the occupiers of nearby properties.

Conclusion: I am satisfied the proposal accords with policies PS2 and GDP1.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Notwithstanding the plans granted permission under planning permission code no. P/2005/0164 granted 11 April 2005, and the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no other garages or outbuildings shall be erected within the curtilage of the dwelling other than the garage the subject of this approval. 2. Within visibility splays from a point on the centreline of the vehicular access 2.4 metres back from the nearside edge of the carriageway to the north east and south west corners of the site, all obstructions to visibility shall be removed or reduced to and thereafter maintained at a height not exceeding 1 metre above the adjoining carriageway. 3. No gate shall be erected at the access within 5 metres from the edge of the carriageway. Page No 104

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. To ensure adequate visibility from and of emerging vehicles. 3. To allow vehicles to stand clear of the highway whilst the gates are opened or closed.

______Page No 105

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1182 Corner Of Chester Road And Box Lane 14/10/2005 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Acton 10m "street works" monopole with a tri- MP sector antenna. Ground based equipment consisting of 1 no. equipment cabinet. WARD: AGENT NAME: Acton APPLICANT(S) NAME: Daly International (UK) Ltd Vodafone Ltd

______This application was deferred at the November Planning Committee because the Council has programmed improvements to the Box Lane/Chester Road junction which would result in a reduction in width of the pavement at the location of the proposed equipment. The Committee was concerned that the development would result in a danger to pedestrians as a result of there being insufficient width for them to pass safely.

My original report is appended below in Section 1. This section includes the addition of consultation responses reported in my addendum to this application, and the total number of representations received to date.

Further matters following deferment together with together with response to the significant weight of objection received are set out in Section 2, before the RECOMMENDATION.

Section 1 THE SITE

The installation would be located adjacent to the junction of Box Lane/Chester Road.

Location of mast and equipment cabinet

Listed

Note: the plan is intended to show the location and not necessarily the exact size Page No 106

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

HISTORY

P/2004/1525 Erection of 1 No. 15M flexicell 2 slimline column (mast) with associated equipment on Chester Road adjacent to Glyndwr Road. Refused 1 November 2004.

DEVELOPMENT PLAN

Within the settlement limit. Policies PS2, GDP1 and CLF8 apply.

CONSULTATIONS

Community Council: Members object to this proposal which they feel is inappropriate for this area due to its close proximity to two local primary schools and its immediately adjoining sheltered accommodation for elderly residents. They also felt that the proposals would be an intrusion on the street scene, another member did comment that he believed there were proposals by the Council in the future widen the Box Lane/Chester Road junction to allow for two lanes onto Chester Road; Rhosddu CC: Object to the proposal due to its proximity to 2 primary schools, as well as St Margaret’s Sunday School and the proximity to elderly peoples home at Abbeyfield. Local Member: Objects for a number of reasons, the visual impact this would have in a residential area there is also a serious issue concerning an important part of Wrexham’s heritage – Action Gate Entrance known as the Four Dogs. There is also a listed building very near to the proposed site known as the Lodge. Also concerned about the proposed site being so near to an elderly persons residential home and two schools – Action Junior and Infants Schools. There should also be some highways improvements on that junction. Adj Community Council: Notified 18.10.05 Adj Local Members: Cllr Ron Davies indicated that there is a scheme for improvements of the junction. To enable this, it would be necessary to purchase land from the 'Four Dog' and re-align the boundary and footpath, which would, of course, affect the proposed mast and equipment. Highways: The equipment cabinets would significantly restrict the available width of the footway given the close proximity of the existing Giveway sign. This would cause an undesirable restriction and change the direction of pedestrians particularly those with limited sight. Additionally there is an imminent highway improvement scheme planned for this junction which will involve the reduction in width of the footway in the location of the proposed development. The proposal Page No 107

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 should be refused on the grounds that: The proposed development is likely to increase the likelihood of danger to pedestrians by restricting the width of footway Other representations: A total of 59 letters of objection have been received. The main concerns expressed are; - extensive research has been done into these masts, however the jury is still out and until its proved beyond a shadow of a doubt that these masts are safe, they should not be allowed in residential area, especially this mast. The mast is close to an old persons home and Acton Park Junior and Infants schools both full of vulnerable members of society; - proposal for a similar mast in Garden Village Chester Road shops was rejected on the grounds that it would be an eyesore; - this is a prime residential areas. The Action Park Hotel, Garden Village and St Margarets Church all said no! - Abbey-Field would be right in its shadow along with Acton School and a wide range of houses; - Wish to strongly object to the proposal on the basis of evidence in on-going research as published in the report of Stewart in 2005; - The government is in agreement with the contents of the report which warns of the dangers to the health of children close to the vicinity of a mobile phone mast; - It is on a very busy walking area i.e. schools, church, bus station business properties, housing and a listed building. It would not be in keeping with surrounding properties; - Rejections of masts have taken place in the area previously - On going research asserts that base stations should not be situated near to children; - The proximity of Box Lane School is not the only paramount concern. There is a children’s playground directly under the proposed site within the Four Dogs Inn; - If the incidents of cancer rise in the future years who on the Council will accept responsibility for ignoring Sir Stewarts advice and the force of public opinion; - There is sufficient evidence to preclude the siting of base station masts near to schools or housing; - It would be sensible to await the results of research before proceeding with the construction of more masts. There is not a need for increased coverage in the Garden Village area; Page No 108

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 - Residents on Chester Road already have to put up with pollution and noise from ever increasing traffic; - No problem in getting a mobile phone signal. If people who live in more rural areas have problems getting a signal then they should have a mast near them. Why should we have to put up with more and more health hazards so they can live in a rural ideal; - Site will be opposite a house with two young children living in it both under the age of 10. Has the Council seriously thought about the effects on all the children, sitting in class rooms all day or playing in the playground with a huge mast overshadowing them; - Such a huge unsightly base station would also reduce house prices; - Vodafone do not mention the new report by Sir William Stewart, published in January 2005 expressing his concern of erecting mobile phone masts near schools; - Unsightly intrusion to residential areas; - Common sense should indicate that a mobile phone mast on Box Lane/Chester Road should be firmly refused; - Proposed site is close to a listed building, this can only detract from the nature and beauty of such a building. In short, an eye sore and out of keeping with the surrounding area; - Action is considered a sought after area and such a monstrosity will not only have a detrimental affect on the desirability of the area but this in turn will have a direct affect on house prices; - you yourselves must think its not a good idea by sending letters out; - application fails to address primary viewing direction for residents. The trees (in the grounds of the Four Dogs) are on private ground and could be cut down. The mast will be of a grey colour which will stand out against the trees; - proposed site will obviously involve the invasion of the pavement area. A health and safety issue emerges where the mast will be sited immediately at the point where vehicles, cycles and pedestrians will converge at any one time; - this mast is an eyesore which will negate the impact this listed property has on the area; - the mast would hinder vision and be a distraction for road users, The width of the pavement for pedestrian access would also be reduced; - research states that such masts should not be erected within 500 metres of schools, hospitals and domestic residences; - should permission be granted can the Council provide us with a 100% guarantee that our health will not be affected and a 100% guarantee that the property prices will not be affected; - there should be a limit on the use of mobile phones. Their use is already out of control; Page No 109

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 - concerned that it will affect property prices in the area and the ability to sell property. This will have an impact upon the local community and local business; - the greater source of power and the smaller the wavelength such as microwaves used in mobile phone technology, the greater damage that can be caused to both the mutations, cancers etc. Brain cells are particularly susceptible to such radiation; - The first impression that many people get of Wrexham is while entering the town along the Chester Road. The Acton Park Gates give a good impression. They have been well restored and are well maintained. Obtrusive telephone masts, do not give a good impression and to place a mast, next to a place the council, quite rightly spends money maintaining, would be counter productive. This could for course be addressed by disguising the mast as something else; - There is already a lot of street furniture in this area and to add to it would compound the problem. I estimate the streetlights to be 7 metres high and the telephone mast would therefore be higher and more visible; - Any added street furniture, would obstruct the view of motorists at this busy junction; - Site Notices: Expired 7.11.05

SPECIAL CONSIDERATIONS

Policy: There are no objections in principle with the proposal. However, it must comply with Wrexham UDP Policies PS2, GDP1 and CLF8. Development Plan policies allow for the development of telecommunications facilities whilst ensuring that masts or installations are carefully sited to avoid or minimise any visual intrusion upon the landscape/townscape. National Guidance on telecommunications in Wales is contained in Planning Policy Wales Technical Guidance Advice Note (Wales) 19 – Telecommunications. The importance of providing an efficient telecommunication infrastructure is rightly considered crucial to the economic viability of Wales. However, advice goes on to state this provision must be made, avoiding adverse impact upon the environment. Wrexham UDP Policy CLF8 is as follows:

“The development of telecommunications facilities and related infrastructure will be permitted, having regard to technical and operational considerations, where an appraisal has been carried out:- (a) firstly, of the potential for sharing other masts and sites; if there is no potential (b) secondly, of the potential to use existing buildings and structures; if there is no potential (c) thirdly, of the potential to use other sites. The siting of any development should minimise the impact on the local landscape / townscape, and should comprise measures of mitigation of any adverse impact, as appropriate.

This policy aims to facilitate the growth of new and existing systems whilst ensuring that masts or installations are carefully sited to avoid or minimise any visual intrusion upon the landscape/townscape.

Page No 110

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Site Selection: Details submitted with the application identifies the selection process undertaken by the applicant, the alternative sites considered and the reasons why each were unsuitable. Four sites were considered. I consider that sufficient investigation has been given to alternative sites in line with advice detailed in the Code of Best Practice on Mobile Phone Network Development produced by the Welsh Assembly in July 2003.

Pre-application Consultation: Discussions took place with the planning department in July 2005. The operator also has a commitment, as identified in the Code of best Practice, to carry out consultation in accordance with a rating determined under the Traffic Light Model. This allows the site to be rated by the operator according to its likely sensitivity in terms of environmental, planning and community considerations and a plan is devised that sets out any additional consultation. The rating for this site is ‘Red’, within which, the consultation with the operators should consult with the Local Member and Community Council. Where a proposed installation is close to a school TAN19 makes clear that operators should consult with the relevant body of the school. The operator has indicated that this consultation has been undertaken, in addition to notifying nearby residents and a number of schools close to the site.

I am satisfied that the applicant has undertaken adequate pre-application consultation in accordance with TAN 19.

Health effects and public perception: The Welsh Assembly states in TAN 19 that the planning system is not the place for determining health safeguards. It remains the Government’s responsibility to decide what measures are necessary to protect public health. The Government and the Welsh Assembly have declared that applications for prior approval or planning permission for the type of development being proposed need to be accompanied with a declaration that the equipment will operate in full compliance with the International Commission on Non-Ionizing Radiation Protection ICNIRP guidelines. It is the Assembly’s view that were transmissions from a proposed base station would meet the ICNRP guidelines it should not be necessary for a local planning authority in processing an application to consider further the health aspects and concerns about them. The application documents include such a Declaration of Conformity with ICNIRP Public Exposure Guidelines.

With regard to 'perception of risk', it is clear that this can be a material planning consideration. However, it must be weighed along with other considerations, including government policy guidance and the expertise of its independent advice. It also is clear that there must be some reasonable substance to those fears and totally unsupported fear should have very limited weight indeed. Whilst I accept the materiality of concerns about the health and well being of those who live in the locality, I consider that there is no basis in national policy for determining that prior approval is not required for that reason alone. A finding of 'no risk' can never be achieved with complete certainty in relation to anything and, in the absence of any widely-accepted demonstrable risk, we are left with perception. Perception of risk is a material consideration, but while it must be considered it is given little weight by Planning Inspectors and the Court in the decision making process where conformance with the ICNIRP guidelines is demonstrated.

Page No 111

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Siting and Appearance: The proposed mast is a 10 metre “street works” monopole with all antennae hidden within a shroud which will help to keep visual impact to a minimum. The monopole mast would be similar in appearance to streetlights on Chester Road. The mast would also be located adjacent to trees that are inside the boundary wall of the Four Dogs that are approximately 10 metres in height with the antenna being the only part of the structure higher than the adjacent trees.

I am aware of the proximity of the structure to Action Park Lodge, a Listed Building, however I do not feel that the building would detract from the character and setting of this building.

I am satisfied that the proposed development is designed to look like street furniture, is appropriately located and will not be out of place in this locality. It therefore is in accord with UDP Policies PS2, GDP1 and CLF8.

Conclusion: The proposal accords with Wrexham UDP Policies, and meets the requirements of national policy detailed in TAN 19 – Telecommunications.

Section 2

Representations: Although many of the representations received do highlight concerns such as visual amenity and highway safety, the overwhelming majority express concern over health impacts. I confirm the application documents do include a Declaration of Conformity with ICNIRP Public Exposure Guidelines and in accordance with Assembly guidance, it is not necessary for health impacts to be considered when determining this application. The highest predicted level would be 0.00047 of the international standard. I also wish to re-iterated that perception of risk is a material consideration, but while it must be considered it is given little weight by Planning Inspectors and the Court in the decision making process where conformance with the ICNIRP guidelines is demonstrated.

Highways: At present there is sufficient width for the telecommunications equipment to be sited without reducing the width of the pavement so as to encourage pedestrians to walk into the highway. The proposed highways improvements seek to widen the carriageway at the Chester Road/Box Lane junction by reducing the width of the pavement close to the siting of the proposed telecommunications equipment. I am currently liasing with Highways and the operators to find out if the equipment can be located without putting pedestrians at risk and will report to the committee the outcome of these discussions.

Listed Building issues: Reference was raised to the impact on nearby listed buildings. The gates adjacent to the Four Dogs are listed as is the Lodge. I am satisfied that the mast would have no adverse impact on the Listed Buildings.

Members are reminded that the local planning authority has 56 days, beginning with the date on receipt of the application, in which to notify its determination on whether prior approval is required to siting and appearance and to notify the applicant of its decision to give or refuse such approval. There is no power to extend the 56 day period. If no decision is made, or the local planning authority fails to notify the Page No 112

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 developer of its decision within the 56 days, permission is deemed to have been granted. The 56 day period expires on 8.12.05

RECOMMENDATION That permission be REFUSED

The Council has programmed improvements to the Box Lane / Chester Road junction which would result in a reduction in width of the pavement at the location of the proposed equipment. The development would result in a danger to pedestrians as a result of there being insufficient width for them to pass safely.

______Page No 113

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1186 Adopted highway/grass verge 14/10/2005 Montgomery Road Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Caia Park Upgrade of existing telecommunications MP equipment by installation of replacement 15m flexicell 2 type E. WARD: AGENT NAME: Queensway APPLICANT(S) NAME: Pentland O2 (UK) Ltd

______

SITE

The mast is already located on the on the grass verge of the roundabout at Montgomery Road in Wrexham.

Position of mast

PROPOSAL

The proposal is to upgrade the existing 12.5 metre column (recently erected) by increasing its height to 15 metres in height. The design of the column would be essentially the same as the existing one.

Page No 114

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

HISTORY

P/2004/1031 Erection of 1 No. 12.5m Flexicell 2 slimline column with associated equipment. Siting and design approved 21.9.04

DEVELOPMENT PLAN

Within the settlement limit. Policies PS2, GDP1 and CLF8 apply.

CONSULTATIONS

Community Council: Objects on the grounds that there is no firm evidence that emissions from mobile phone masts are not injurious to public health. Local Member: Notified 17.10.05 CHPPO: No objection to the proposed development provided that the application is submitted with a declaration of conformance to ICNERP Public Exposure Guidelines. Other representations: 1 letter of representation received expressing the following concerns; - were not given the opportunity to comment on the mast now erected; - this is only the thin edge of the wedge, the Council will again grant this application ignoring public opinion and in the not too distance future another application for larger and bigger upgrades will be received; - can only assume that upgrades will result in even more dangerous mircowaves and radio waves plus whatever else they radiate out indiscriminately; - the location of telecommunication masts has been well documented in the local and national media. Research has found nothing but adverse comments and detrimental health problems associated with masts, particularly those erected near residential properties. The mast is 50 metres from our front door and overlooking Queens Park Sports Ground which is frequented by thousands of men, women and children throughout the year, year in year out; - uninterrupted views have been ruined by the hideous vulgar eyesore that has been erected yards from out front garden; - we do not understand how these mast companies can erect these eyesores and yet the strict rules that ordinary people have to adhere to when applying for extensions, walls, fences; - we will be prevented from using our front garden due to the national concern over the reputed health problems associated with telecommunication masts; Page No 115

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 - should any member of our family fall ill through being exposed to the effects of microwave emissions, we shall hold Wrexham County Borough Council responsible and seek legal action against them. Site Notice: Expired 11.11.05

SPECIAL CONSIDERATIONS

Site selection: Details submitted with the previous application Code no. P/2004/1031 identified the selection process undertaken by the applicant, the alternative sites considered and the reasons why each were unsuitable. It was considered that sufficient investigation has been given to alternative sites in line with advice detailed in the Code of Best Practice on Mobile Phone Network Development produced by the Welsh Assembly in July 2003. There have been no changes in circumstance since the previous approval I am satisfied that the operator does not need to demonstrate how the site selection was determined in this case, or for site selection of be re-evaluated. Upgrading existing telecommunications equipment, rather than the siting of additional equipment would normally be a preferred option in any case.

Pre-application consultation: The applicant carried out pre-application consultation prior to the submission of its previous telecommunications prior approval application. The operators did not receive many objections and as this application seeks to upgrade Page No 116

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 a previously approved mast, they felt it was unnecessary to carry out further consultation. As no representations were made to the Council prior to the approval existing mast, and the rating of the site under the Code of best Practice Traffic Light Model as ‘Green’ I am satisfied that pre-application consultation was unnecessary and the normal statutory consultation process appropriate.

Siting and appearance: Photographs of the existing mast are set out below;

Page No 117

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Approximate height of upgraded column

Photograph 1. View from entrance/exit road to Queensway Sports Complex

Approximate height of upgraded column

Photograph 2: View from Queensway.

Page No 118

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 The design of the column would be essentially the same as the existing mast. I do not consider the additional 2.5 metres in height would have a significant or detrimental impact upon the appearance of the surrounding area and as such I am satisfied the proposal accords with policies PS2 and CLF8.

Conclusion: The proposal accords with Wrexham UDP Policies, and meets the requirements of national policy detailed in TAN 19 – Telecommunications.

RECOMMENDATION That ARRPOVAL BE GIVEN

______Page No 119

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1189 45 High Street Coedpoeth Wrexham 14/10/2005

DESCRIPTION: COMMUNITY: Relaxation of condition 7 of Planning CASE OFFICER: Coedpoeth consent COE P/2003/1454 to allow SJG cosmetic alterations to existing emissions flue. WARD: AGENT NAME: Coedpoeth APPLICANT(S) NAME: Edmund Kirby Mr Topal

______

THE SITE

The site is on the south side of the A525 on the corner of Park Road and High Street.

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Page No 120

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Flue

PROPOSAL

The retention of the extraction flue installed at the premises in contravention of condition 7 of planning permission P/2003/1454. The condition states: 7. Before development commences, a scheme for the control and treatment of emissions from the kitchen shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be fully implemented prior to the first use of the premises and shall thereafter be retained in a condition effective to prevent smells being detected outside the property. Reason: to protect the amenities of nearby properties.

The structure installed at the property in early 2005 is a substantial stainless steel pipe, visible from Park Road and from the adjoining property in High Street.

The works proposed to the flue involve treatment and painting a cream/ grey colour to match the rendered walls. Details of the extraction system have been supplied.

RELEVANT HISTORY

P/2003/1454 Change of use from A1 to A3 use Granted 9/2/2004 P/2005/0771 Variation of condition 2 to allow full A3 use Refused 10/8/2005 Appeal lodged.

DEVELOPMENT PLAN

Within the settlement limits in the Unitary Development Plan. Policies PS1 PS2 T8 and GDP1 of UDP are relevant, together with LPGN 9.

Page No 121

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

CONSULTATIONS

Coedpoeth C Council: Consulted 17/10/2005 Local Members: Consulted 17/10/2005 Public Protection: No comments Site Notice: Expired 9/11/2005 Other representations: Adjoining occupiers notified 19/10/2005 5 objections received on grounds of : - Chimney is an eyesore and is in direct view from property - Smell is appalling - Cosmetic changes will not make it acceptable - Flue also emits a humming noise. - Photographs have been supplied showing the appearance of the flue from the adjoining property

SPECIAL CONSIDERATIONS/ISSUES

Visual impact: The structure is unsightly and has an adverse impact on the area. Although the proposed alterations would make it more acceptable when viewed from Park Road (against the background of a rendered wall) I consider that he appearance from the garden and conservatory of the adjoining property will still be too intrusive.

Control of smells: The Public Protection officers have no objection to the system from a fume extraction point of view, although details of the noise characteristics under condition 5 have not been supplied. The noise complaints have been referred to the CHPPO.

Other matters: The current appeal against refusal to remove condition 2 of the 2004 planning permission to allow take-away sales and deliveries will not be decided until January 2006, and a decision on this application should be made by 8/12/2005.

Conclusion: A fume extraction system is an essential requirement for hot food premises. However I believe that the flue is excessively intrusive particularly bearing in mind the views from adjoining residential property. I am not satisfied that there could be other means of dealing with the fumes generated there.

RECOMMENDATION A

Refuse permission (for the reason given below)

RECOMMENDATION B

That the necessary enforcement action be taken to secure the removal of the flue or alternative measures to screen it.

The Chief Planning Officer be given delegated authority to determine the appropriate form for enforcement action and the content of any Notice.

Page No 122

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

REASON(S)

1. By reason of its prominent location and its size, the flue has an unreasonable impact on the visual amenity of the area and particularly on nearby residents. The development is there fore contrary to Wrexham Unitary Development Plan Policy GDP1 (a)

______Page No 123

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1198 Land at and adjacent to Eagles Meadow 18/10/2005 And Nos 3 - 5 Yorke Street Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Caia Park Variation of Condition No. 6 imposed DSW under planning permission Code No. WRC P/2005/0328 to allow 24 hour servicing in WARD: the northern service yard AGENT NAME: Smithfield Wilson Bowden APPLICANT(S) NAME: Developments Ltd Wilson Bowden Dev Ltd And Wrexham County Borough Council

______

THE SITE

The former Asda Store and adjoining car park. The site comprises a 4.35 ha parcel of land to the southeast of the town centre, which is currently divided by the inner ring road fly-over. It is presently used as a car park. The site lies to the south of St. George’s Crescent and Smithfield Road, to the west of Hightown Road and to the north of Mount Street and Caia Road.

PROPOSAL

As above.

HISTORY

P/2005/0328 Mixed use town centre development comprising retail (A1, A2, A3) including departmental store, leisure (D2), residential units in two blocks, car parking and service provision. Removal of existing fly- 0ver and creation of new road, erection of new pedestrian bridge and alteration and partial demolition of 3-5 Yorke Street to create link to town centre, change of use of upper floors of 3-5 Yorke Street to create 4 residential units. Approved 28.7.2005.

DEVELOPMENT PLAN

Within settlement limit of Wrexham. Most of the site lies just to the east of the town centre shopping area as defined in the Unitary Development Plan (UDP). UDP Policies S3, S4 and GDP1 apply.

CONSULTATIONS

Caia Park Community Council: Object on the grounds that such a relaxation would be detrimental to the interests of local residents by way of noise during the night hours. Page No 124

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Offa Community Council: Notified 20.10.2005. Local Member: Notified 20.10.2005. Adjoining Local Member: Notified 24.10.2005. CHPPO: Notified 20.10.2005. Adjoining occupiers: One letter received from the Wynnstay Arms Hotel who object to the revised servicing hours due to the amenity issues caused to their residents. Site Notice: Expired 14.11.2005.

SPECIAL CONSIDERATIONS / ISSUES

Background: This application is to vary Condition No. 6 of planning permission Code No. P/2005/0328 for the redevelopment of Eagles Meadow, dated 28th July 2005, in order to allow for 24 hour servicing in respect of the northern service yard. The current condition restricts servicing to between the hours of 06.00 hours and 22.00 hours during any day of the week. The necessity for this application has arisen due to future occupier requirements, in particular, the northern service yard.

Objection: Two objections have been received on the grounds that such a relaxation would be detrimental to local residents and residents of the Wynnstay Arms Hotel on the grounds of noise and disturbance. Whilst there may be some increase in traffic noise, I do not consider it to be significantly different to the situation as previously existed when the former Asda store was in use. In addition, the northern service yard is largely enclosed and all operational activities will take place within the yard. This would include vehicle manoeuvring, loading and unloading operations, which will be screened from adjoining properties by the walls surrounding the yard. Vehicles will enter the yard a public highway and there is no limit on its use, consequently there are no restrictions on the movement of vehicles in this location.

The development once completed should also screen the rear of properties from highway noise on Yorke Street / Charles Street, which would include the Wynnstay Arms Hotel, unlike the present situation experienced with the fly-over. P/2005 /1198

RECOMMENDATION That permission be GRANTED subject to all the conditions previosuly attached to P/2005/0328 except condition 6

______Page No 125

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1207 15 Coed y Nant Penycae Wrexham 19/10/2005

DESCRIPTION: COMMUNITY: Fell 1 No Ash Tree (WMBC TPO No. 27) CASE OFFICER: Penycae ADH APPLICANT(S) NAME: Mr Neville Layhe WARD: AGENT NAME: Penycae & Ruabon South Mr Neville Layhe

______

THE SITE

Woodland to the rear of 15 Coed y Nant,.

PROPOSAL

Fell 1 No Ash tree.

HISTORY

N/A.

DEVELOPMENT PLAN

Within settlement limit. Policy EC4 of the UDP refers. Subject to Wrexham Maelor Borough Council TPO No. 27 (1995).

CONSULTATIONS

Local Member: Notified 20.10.05 Community Council: Notified 20.10.05

One letter received from neighbour strongly objecting to the removal of the tree. They state that the tree overhangs their garden and that its removal would be detrimental to the area and the enjoyment of their garden.

Site Notice: Expired 11 November 2005

SPECIAL CONSIDERATIONS/ISSUES

The tree to be felled is a mature Ash located on a downward sloping bank that forms one side of a woodland valley running along the rear northern boundaries of properties at Coed y Nant, Penycae. The tree to be felled is on the southern edge of the woodland and north of the applicant’s property. The canopy of the tree has a bias to the rear garden of the neighbouring property No. 17 Coed y Nant. The applicant states that the tree is too close to his dwelling and that it is a danger to persons and Page No 126

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 property although no evidence has been submitted to back this up. Having inspected the tree I can see no justification for its removal, as it displays no visual signs of physiological or morphological defects to suggest the tree to be in a hazardous condition. As it is a large mature specimen its removal would cause a significant gap in the woodland resulting in a loss of amenity and important wildlife habitat.

I consider that the removal of this tree would be contrary to UDP Policy EC4 and Wrexham’s Tree and Woodland Strategy.

I therefore recommend accordingly.

2005 /1207

RECOMMENDATION That permission be REFUSED

REASON(S)

1. To protect the character and setting of this area of Penycae and the biodiversity value the tree affords within the woodland and to protect the tree, which is of significant amenity value to the area.

______Page No 127

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1208 Centenary Buildings 20 King Street 19/10/2005 Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Rhosddu Change of use to hot food take-away KH

APPLICANT(S) NAME: WARD: Mr Imran Ashiq AGENT NAME: Grosvenor Mr Imran Ashiq

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THE SITE

Ground floor unit, within Centenary Buildings located off the NW side of King Street.

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As above.

DEVELOPMENT PLAN

Located on a secondary shopping street within the Town Centre. Policies GDP1 and S2 of the Unitary Development Plan refer.

CONSULTATIONS

Community Council: Consulted 20.10.05 Local Member: Notified 20.10.05 Page No 128

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 C H P P O: No objections subject to appropriate conditions regarding noise and fume extraction equipment. Highways: No objections subject to trading hours restricted to after 6.00 pm. Other Representations: 2 letters of objection on grounds of late night nuisance, with odours, food waste, litter and vandalism, possibly of criminal access to the building, which has a history of break ins, odours which will affect adjoining office users, further illegal parking to the rear of the premises, recessed doorway already used as an informal waiting area for taxi users and full of litter and takeaway would only compound these problems. The use will detract from the recent improvements to King Street. Site Notice: Expired 15.11.05

SPECIAL CONSIDERATIONS/ISSUES

Impact on nearby amenity: There are no residential units in the immediate vicinity. However the property is adjoined by retail and office uses and consideration is required of the potential impact of the use. Highways express concerns about daytime activity and would prefer it to be restricted to only operate from 6.00 o’clock at night. However since he premises have an established retail use I do not believe that such a restriction is necessary. Cooking apparatus is likely to be located on the ground floor, but it is anticipated that a flue will run up the building with the outlet above the eaves. Given the effectiveness of modern cooking apparatus I would not anticipate any significant impact on amenity.

Litter, vandalism and anti-social behaviour: There are litter receptacles on King Street and I would not anticipate the proposed use significantly compounding any existing problems that may exist in the vicinity.

Similarly I would not anticipate the use significantly compounding any problems of crime and disorder in the area with the area covered by CCTV cameras.

Vitality: Policy S2 enables mixed use commercial development within secondary shopping locations where the vitality is not affected.

Conclusion: The use is appropriate in a secondary shopping location. I am satisfied that conditioning further details of the equipment will ensure the use by virtue of odours will not compromise nearby amenity.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. Page No 129

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 2. Details of equipment to be installed for the extraction and/or treatment of fumes from the process (including any external ducting) shall be submitted to the Local Planning Authority. No part of the process shall be commenced until those details have been approved in writing by the Local Planning Authority and the approved scheme has been fully implemented. The works shall be retained in full accordance with the approved details. 3. Details of air handling/ ventilation equipment shall be submitted in writing for the further approval of the Local Planning Authority. No part of the process shall be commenced until those details have been approved in writing by the Local Planning Authority and the approved scheme has been fully implemented. The works shall be retained in full accordance with the approved details 4. The permission shall not by itself authorise the performance of any proposed acts or works, materially affecting the external appearance of the premises, which proposals, if any, shall form the subject of a further submission of the Council. 5. No customer shall be admitted to the premises after midnight on any day. 6. Prior to the first use of the premises for takeaway purposes, details of disabled access into the building shall be submitted for the further approval of the Local Planning Authority. The scheme as approved shall be provided prior to the first use and retained thereafter. 7. Prior to the first use of the building for takeaway purposes details of an accessible counter for wheelchair users shall be submitted for the further approval of the Local Planning Authority. The works shall be provided in accordance with the details as approved prior to the first use and maintained thereafter.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the amenities of the occupiers of nearby properties. 3. To protect the amenities of the occupiers of nearby properties. 4. For the avoidance of doubt and to ensure any works do not compromise the character of the streetscene. 5. So as to ensure the use does not compound problems of law and disorder. 6. To ensure the building is accessible for disabled users 7. To ensure the use is accessible to disabled users.

NOTE(S) TO APPLICANT

You are advised that grease traps are required on all catering waste. You are advised that the premises shall comply with the Health and Safety at Work etc Act, 1974 and you should contact the Council's Public Protection Department in connection therewith.

The premises shall comply with the Food Safety Act 1990, and you should contact the Council's Chief Public Protection Officer in connection therewith. ______Page No 130

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1212 Castle Bungalow Castle Gardens, School 20/10/2005 Lane Holt Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Holt Erection of double garage CS

APPLICANT(S) NAME: WARD: Mr & Mrs P Jones AGENT NAME: Holt Miles Designs Ltd Mr S H Miles

______

THE SITE

A detached property within the Holt Conservation Area. The Dee adjoins the site to the south-east approximately 40m from the dwelling itself. An ancient public footpath runs along the boundary of the site leading to the castle.

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PROPOSAL

A double garage to the front of the property.

RELEVANT HISTORY

P/2003/0417 Outline application for a detached bungalow. Permission refused 23/05/03. Page No 131

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 P/2003/1144 Extension to bungalow to form a self contained granny flat. Permission granted 8/12/03. P/2004/0209 Erection of detached garage, permission granted 20/04/04.

DEVELOPMENT PLAN

Within the settlement limit and within the Conservation area. UDP policies GDP1, PS2 and EC7 apply together with Local Planning Guidance Notes 20 and 21.

CONSULTATIONS

Community Council: Consulted 21.10.05 Local Member: Consulted 21.10.05 Adjoining Occupiers: 1 reply claims the garage will accommodate at least 5 cars and this will require earthworks to enable access. - The garage is over specified questioning the future intention use of that garage. - Strongly object as the garage will have detrimental appearance on the immediate area. Site Notice: Expired 22.11.05 SPECIAL CONSIDERATIONS/ISSUES

Planning permission exists for a garage on this site however this application is for a garage 3m longer (now 11.34 metres) but slightly decreased in width (6m compared with 6.3 m) and height. No accurate details are given of its location so it is suggested that the condition imposed following the Committee site visit be repeated (see recommendation)

Conservation: I am satisfied the proposal will preserve the character of the conservation area. While the footpath serves as the main access to Holt Castle, the site does not occupy a position sensitive to the setting or views of the castle or the conservation area.

Amenity: The development complies with separation standards and does not impact on light or privacy.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 3. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 4. The garage shall be used only for a purpose incidental to the use of the property as a single dwelling house. 5. Notwithstanding any detail shown on the approved plans, the garage shall be sited a minimum of 2 metres from the boundary with the public footpath and no part shall be more than 13 metres from the front wall of the existing dwelling.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure that the development fully complies with the appropriate policies and standards. 4. To ensure that the garage is not used in a manner prejudicial to or likely to cause nuisance to occupiers of nearby properties. 5. To ensure retention of the screen planting along the boundary and to ensure that the building is visually more closely associated with the dwelling.

______Page No 133

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1224 Land at Westminster Road Moss Valley, 24/10/2005 Brynteg Wrexham

COMMUNITY: DESCRIPTION: CASE OFFICER: Broughton Erection of 8 no. dwellings, construction of DSW new vehilcular and pedestrian access and associated parking WARD: AGENT NAME: New Broughton APPLICANT(S) NAME: McCormick Architecture Nunndale Quality Homes Ltd Limited

______

PROPOSAL

This is a full application for the erection of eight houses in six footprints, two of which are semi-detached properties. A central area of woodland is retained, which includes a footpath link from Westminster Road into the woodland area to the rear. The application is accompanied with a full design statement and in most respects mirrors the previous withdrawn application (see below for details of amendments).

HISTORY

6/04349 Erection of 10 flats fronting Westminster Road. Granted 27.09.78 6/04910 Erection of 20 flats fronting Westminster Road. Granted 09.03.79 6/14995 Residential development. Granted 11.07.88 P/2001/0189 Outline application for residential development and construction of new vehicular and pedestrian access. Granted 08.09.03 P/2003/0958 Residential development (10 no. detached houses), construction of new vehicular access and associated works. Refused 23.04.04 Appeal dismissed 01.02.05 P/2005/0445 Erection of 8 dwellings, construction of new vehicular and pedestrian access and associated parking. withdrawn 13.10.05

DEVELOPMENT PLAN

Within settlement limit in the Unitary Development Plan. Policies GDP1, PS2 and PS3 apply.

CONSULTATIONS

Consultation took place on 25/10/05, neighbours were notified on 31/10/05 and 4/11/05.The site notice expired on 16/11/05

At the time of writing this report I had only received one letter of objection from the Wrexham Civic Society, who raised concerns with regards to the density and design of the house types.

Page No 134

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 As the current proposal mirrors the previous withdrawn application the observations raised previously are re-stated below.

Community Council: Notified 26.04.05 Local Member: Notified 26.04.05 Highways: No objections to amended plans Welsh Water: No surface water to foul sewer Clwyd Badger Group: Not aware of any badger activity at the site CCW: Notified 1/07/05 (comments provided on planning brief Adjoining Occupiers: 10 letters received objecting for the following reasons: 1) The proposed number of houses is too great. Members of the Planning Committee have previously indicated that a further application for eight dwellings would not be acceptable. 2) The current application does not have areas of retained woodland with the development site as required by the brief. 3) The Development Brief’s requirement for individual driveways has not been complied with and no consultation has been undertaken on traffic calming measures. 4) Visibility requirements are not met. 5) Number of units should be reduced to a maximum of five or six. 6) The proposed development does not meet with the requirement of the Development Brief as required by Condition 12 of the outline consent. 7) It would represent over-development of the site and its density would be excessive having regard to the character and appearance of the surrounding area. Fails to comply with Policy GDP1. 8) To retain the semi-rural character of this area no more than 2/3 houses should be allowed. 9) Pattern of development does not reflect those properties at the opposite side of the road. 10) The level of woodland to be retained is insufficient. 11) Insufficient separation distance between Plot 1 and Cambrian Arms. 12) Trees on Plot 8 should be retained. 13) In recommending refusal, the Council must include that the proposed development fails to comply with the building provisions in the Development Brief and hence fails to comply with Condition 12 of the outline planning consent. Page No 135

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Page No 136

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

As part of the addendum for application Code No. P/2005/0445 the following observations were made

The Friends of Moss Valley raise the following issues:- i) The number of objection letters stated in the addendum of 25 July is incorrect. It confirms receipt of another 15 letters of objection, when Friends of Moss Valley had receipts for 29 letters. ii) On 16 April 2005 the Planning Committee voted on the acceptability of a scheme of eight houses and this was rejected on the grounds that eight houses is also too dense a development for the site. Friends of Moss Valley maintain that this was a formal vote and removed the Planning Department’s authority to recommend for approval a scheme with eight houses as submitted by the applicant. iii) The provisions of the Development Brief are binding by virtue of Article 1.1 of the Brief and Condition 12 of the outline consent P/2001/0189. iv) The issue is not whether the application is an improvement over the previous one but is whether the current proposal complies with the Development Brief. v) It does not comply with the Development Brief for the following reasons: a) The current scheme destroys a substantial area of woodland. The Inspector, at the previous appeal, required any new development on this woodland area to make a “positive contribution towards the appearance of the nearby locality”. The current scheme does not. b) Article 5.1 of the Development Brief only permits a development of 2 to 3 houses. The current proposal is therefore incompatible with Article 5.1. c) Areas of woodland on the development site were intended to form the public open space areas to ensure their retention. Trees in private gardens do not qualify as retained woodland. They could be felled by occupiers. d) The Brief intended the site to be developed for 2-3 houses in areas of woodland. e) The development does not reflect the pattern of development on Westminster Road. f) Article 5.1 is an “overriding” article and means that a minimum separation of 28 metres (for houses with their main windows in their side elevation) is required between house 1 and Cambrian Arms. On the basis of Article 5.1, property 1 should be moved another 12 metres away from Cambrian Arms. Article 5.3 unconditionally (as against LPG 21 which is conditional) requires a minimum distance between house 1 and Cambrian Arms of 24 metres instead of the 16 metres proposed. The occupier of Cambrian Inn therefore considers there to be an unacceptable level of overlooking into his property. g) Plot 1 should remain woodland. h) The Development Brief’s requirements for individual driveways have not been complied with. Visibility splays of 2 x 90m are required. Any relaxation in these requirements have not been justified. The Highway Authority does not have the power to override the requirements of the Development Brief. Page No 137

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

Letter from adjoining occupier. Objects on grounds of:- i) Density and sensitive assimilation. ii) Eight dwellings is too high a number and their impact cannot be disguised by reducing the footprints to six. iii) The amount of woodland to be retained is not the amount required to satisfy the Development Brief or the conclusions of the Inspector at the recent appeal. A lower density scheme would be more appropriate. iv) Also object on highway grounds as the scheme fails to meet the visibility requirements as set out in the Development Brief.

Site Notice: Expired 16.11.05

Any additional issues or objections will be reported in the addendum to this report.

SPECIAL CONSIDERATIONS/ISSUES

Amended details: This full application is very similar to the previously withdrawn submission P/2005/0445 in most respects. The only variations being the realigning of the widened roadway, and additional information relating to visibility splays achieved from each egress point in accordance with Welsh Assembly TAN No 18.

History:The previous application P/2005/0445 for 8 dwellings was submitted in response to an earlier refusal for 10 dwellings P/2003/0958 which was reported to the Council’s Planning Committee on 23.04.04. The reason for refusal stated that “the proposal would represent over development of the site and the density is excessive having regard to the character and appearance of the surrounding area. The proposal would therefore be contrary to Policy S4(b) of the adopted Wrexham Maelor Local Plan and GDP1. A subsequent appeal was dismissed on the grounds that the erection of 10 “run of the mill detached houses broadly in a straight line” showed insufficient sensitivity to its surroundings. In making the decision the Inspector placed substantial weight on the adopted planning brief for the area which was a requirement of Condition 12 of the outline planning consent. The Inspector indicated that the development, as proposed, involving the virtual clearance of all the trees on the application site, would significantly harm both the character and appearance of the area.

Policy: The principle of residential development on this site was established by the previous outline approval which remains valid. The area of housing conforms to the development area identified in the approved planning brief. The brief identified this area for housing fronting onto Westminster Road with the remainder, which amounts to approximately two thirds of the original 1.8 ha site retained as community woodland. Given the above, there can be no objections in principle to development on this part of the site. The area to be developed thus accords with condition 12 of the outline consent, which states that “development shall only be carried out in the areas identified within the planning brief prepared by the County Borough Council”. The Planning Brief is designed as guidance and is not intended to be rigidly adhered to.

It has previously been questioned whether the site is truly “brownfield”. The WAG definition (PPW – s2.7) excludes land where the remains of any structure has blended Page No 138

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 in to the landscape over time so that they can reasonably be considered as part of the natural surroundings.”. Regardless of whether it is brown or not, National & Council policy accept development on such sites within settlements. Furthermore there is a valid outline permission, and the planning brief accepted that this part of the site should be developed.

Design/Layout/Density: In discussing the previous appeal, the Inspector considered the proposed development of 10 dwellings to harm the appearance of the existing form and character of the surrounding area. In particular, reference was made to the proposed clear felling of almost all of the trees and the siting of “10 run of the mill detached houses broadly in a straight line”. In this regard, the Inspector considered the scheme failed to make a positive contribution to the appearance of the nearby locality. The overall view being that the scheme did not satisfy the requirements of the adopted planning brief.

The scheme is for eight dwellings, two of which are semi-detached units which reduces the visual massing on-site to six footprints. In between Plots 4 and 5 which is centrally located lies a wildlife corridor. This breaks up the frontage by splitting the site into two defined areas and maintains part of a green frontage to Westminster Road. The Inspector, in dismissing the previous appeal, attached substantial weight on the need to assimilate the development into the local context and character of the area. This has been achieved by reducing the number of footprints allowing for more space between dwellings. There are four house types, two of which are semi-detached to give the impression of a single larger dwelling with a variety of materials on their elevations. The introduction of two and a half storey units has reduced the building footprints and also created vertical variety to the streetscene reflecting the three-storey nature of Cambrian Inn. The layout has been amended to vary the alignment of the houses to reflect the random nature of existing housing along the length of Westminster Road and within the general vicinity of the site. This reflects the requirements of the planning brief which states that any proposed development should reflect the scale and separation of nearby properties.

I note the concerns raised previously by local residents who remain concerned that the density is too high and five dwellings would be more appropriate for this site. However, the Inspector’s decision was not to refuse on grounds of density, but was almost wholly in relation to the assimilation of the design into the streetscene, having regard to the need to avoid the wholesale removal of trees. The current scheme provides more space between units with a greater variation in house types. This, in addition to more varied siting overcomes the previous objections about the linear form of development, I do not consider there to be any reason to justify a refusal of planning permission on design or density grounds. Although residents believe Committee voted on the number of properties which would be acceptable, I can confirm that no such vote was taken and it is essential to determine each application based on its individual merits.

Amenity: I am satisfied the proposals satisfy the Council’s detailed planning standards with regards to new housing layouts. This will ensure existing levels of amenity are maintained. The occupier of Cambrian Inn, however, has previously expressed concern with regards to the separation distance between the side wall of that property and the gable wall of Plot 1. There are windows in the side elevation of Page No 139

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 Cambrian Inn (although it is not clear whether they are habitable rooms as they are blocked up) but no windows in the side of plot 1. The proposed dwelling on plot 1 is also set back into the site which will protect the outlook from Cambrian Inn. The proposed finished floor level on plot 1 is 1m higher than Cambrian Inn, this reflects the natural rise in ground levels away from Westminster Road. There is a gap of 15.9 metres between the gable ends of both properties. LPG 21 requires 13m + two metres extra for every one metre (or part thereof) height difference between a habitable window and a blank wall. The development exceeds the standard and is further helped by the angle between the buildings.. Furthermore it opens up the outlook from Cambrian Inn. Given its recessed position within the site, it will not have a visually overbearing impact upon Cambrian Inn. All other separation distances are in accordance with Local Planning Guidance Note 21.

Highways: Following concern about the access arrangements expressed in the appeal, plots 1 – 4 have a shared private drive with the access point located approximately central to the site, plots 5 & 6 sharing an access and plots 7 & 8 with their own individual accesses. The planning brief permits individual access points along the frontage onto Westminster Road. Highways had previously accepted visibility splays of 2m by 33m in both directions measured to the nearside edge of the carriageway as part of their recommendation on application P/2003/0958. This was a significant reduction to the requirements of the adopted planning brief, which required a visibility splay of 4.5m by 90m for a single access and 2m by 90m for individual access points. A 90m splay cannot be achieved and a relaxation was accepted on the grounds that a scheme of traffic calming would be introduced along Westminster Road. Following concerns raised with regard to the access arrangements, three separate and independent speed surveys have been undertaken by Highways and the applicants in order to establish visibility requirements. The speed surveys recorded speeds at a central location along the most open part of the site frontage, where vehicular speed is likely to be at its greatest, and at the outer ends. The surveys were carried out in accordance with national guidelines (TA 22/81) and have provided a very accurate picture of the prevailing vehicular speed at the extent of the visibility splays.

The recorded speeds allow for a reduction in the visibility to 2.4m by 45m to the nearside kerb edge to the south and 2.4m by 70m to the centreline of the highway to the north. I consider this appropriate because road width reduces to single width at that point. The submitted plans achieve these requirements. Consequently a scheme of traffic claming is no longer required. Highways have previously raised no objections and are satisfied with the conclusions of the speed surveys. Adequate visibility splays are provided and there is no recorded accident history on Westminster Road at this location.

The provision of a 2m pavement along the site frontage will further improve pedestrian safety in this location.

Footpath: The current scheme provides a footpath link in a central location through the green wildlife corridor into the woodland area to the rear. This is a significant improvement on the previous application, which restricted the line of the footway to a narrow strip between the proposed development and Cambrian Inn. This is now in Page No 140

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 accordance with the requirements of the planning brief which requires the retention of the existing right of way to Moss Valley.

Trees: The area has been unused for many years and has naturally regenerated with predominantly willow and oak. An arboricultural survey was carried out as part of the previous reserved matters application code number P/2005/0958 in accordance with Condition 8 of the outline permission. The survey states that the majority of trees on this site are of a multi-stemmed form which are not considered ideal for retention . This view is confirmed by the Council’s Arboricultural Officer. The report recommends that the trees within the site, fronting on to Westminster Road be removed and that appropriate protective measures be put in place to ensure minimal damage to trees within the area defined as community woodland to the rear. In fact the proposal includes retention of some trees on the site and to supplement them with extensive new planting to be agreed later.

The retention of a central area of woodland between Plots 4 and 5 is a significant improvement on the original submission. The current scheme allows for the retention of a higher number of trees and these have been incorporated into a wider public open space area as required by the adopted planning brief.

A good quality landscaping scheme is recommended which includes tree planting to mitigate the loss of the scrub woodland and enhance the proposed development. These issues are addressed by the imposition of appropriate planning conditions. None of the existing self-seeded woodland scrub outside the current application site area will be affected and this area will be retained as community woodland.

Ecology: In accordance with the requirements of the outline consent and the adopted planning brief, the applicants carried out ecological investigations as part of the previous reserved matters application. In preparing the Planning Brief ,CCW identified that the site had the potential to support badgers, bat species and birds and recommended appropriate surveys. In particular, a survey has been undertaken by The Clwyd Badger Group. The survey revealed that there were no signs of setts or badgers using the site and 30 metres beyond its boundary. Investigations by the Council’s ecologist indicated that certain mature boundary trees have the potential to be bat roosts but no holes or crevices were visible due to the large amount of ivy present. These trees, however, lie outside the area to be cleared. Birds are protected during the nesting season, from mid February to August, and a condition of any permission granted will prevent clearance of the site for development during this period.

Drainage: The amended plans clearly show measures to collect any water which might cross the site and to discharge it away from the highway. Soakaways are intended to ensure no surface enters the sewers.

Conclusion: I am satisfied the reasons for refusing the previous reserved matters application and the subsequent dismissal of the appeal have all been addressed by this new design. The layout satisfies the requirement of TAN 18 and reflects the general appearance of development on Westminster Road. I do not consider the proposed scheme would materially detrimentally affect the existing form and character of the surrounding area and as such complies with Unitary Development Plan Policies. Page No 141

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. Notwithstanding the provision of the Town and Country Planning (Control of Advertisements) Regulations, the advertisement(s) hereby granted consent shall be removed before the expiration of five years from the date of this consent. 2. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved, in writing, by the Local Planning Authority. The development shall only be carried out in strict accordance with such detail as are approved 3. Development shall only be carried out in strict accordance with the approved plans or with any amendments thereto approved in writing by the Local Planning Authority 4. Details of planting and all boundary treatments shall be submitted to the Local Planning Authority before any part of the development is commenced and the development shall only be carried out in strict conformity with such details as are thereby approved 5. The erection of fencing for the protection of trees and shrubs (identified to be retained under Condition 4 above) shall be undertaken before any equipment, machinery or materials are brought on to the site for the purpose of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of 2.1m 'Heras' fencing erected at full extent of each tree and shub. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made without the written permission of the Local Planning Authority 6. No trees shall be lopped, topped, felled or uprooted between the months of February and August inclusive. 7. Before beginning work, the contractor shall contact the Chief Planning Officer giving him seven days notice of a meeting on site to review all work procedures, access routes, storage areas and tree protection measures. Development shall be carried out in strict accordance with the agreed measures. 8. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes, free of all obstruction. 9. The proposed access points onto Westminster Road shall have a visibility splay of 2.4 metres x 45 metres to the nearside edge of carriageway to the south and 2.4m by 70m to the centreline of the carriageway to the north, within which there will be no obstruction in excess of 1.0m in height 10. A 2m wide footways shall be constructed back form the existing carriageway of Westminster Road along the frontage of the application site prior to the first occupation of any dwellings hereby permitted and shall thereafter be retained clear of obstruction. 11. Prior to first occupation of any dwelling, details of the future maintenance arrangements for the central open area and footpath shall be submitted to and approved, in writing, by the Local Planning Authority. The agreed measures shall be put in place within the timescale thereby agreed.

Page No 142

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure that the development fully complies with the appropriate policies and standards. 4. To ensure a satisfactory standard of appearance of the development. 5. To protect trees which are of significant amenity value to the area 6. To ensure no site clearance work takes place during the bird nesting period. 7. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles is rendered unnecessary in the interest of traffic safety. 8. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interests of traffic safety. 9. To ensure that adequate visibility is provided at the propsed point of access to the highway. 10. In the interests of pedestrian safety. 11. To ensure a satisfactory standard of appearance of the development. ______Page No 143

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

APPLICATION NO: LOCATION: DATE RECEIVED: P/2005 /1225 A539 On Embankment Between Air 24/10/2005 Products & Footpath (Opposite Eagles Pub) Llangollen Road Acrefair Wrexham COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: MP Erection of directional sign

WARD: APPLICANT(S) NAME: AGENT NAME: Cefn Flexsys Rubber Chemicals Ltd Flexsys Rubber Chemicals Ltd

______

SITE

The sign would be located on the A539 Ruabon to Llangollen Road in Acrefair just before the King Street junction.

Location of proposed sign

PROPOSAL

The application is for advertisement consent to display an advance directional sign on the embankment adjacent to the highway.

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

HISTORY

No relevant planning history.

DEVELOPMENT PLAN

Within the settlement limit. TAN7 and Local Planning Guidance Note 1 is applicable.

CONSULTATIONS

Community Council: Supports the application. Local Member: Cllr Coleman supports the application. Cllr Moysen notified Highways: Notified 24.10.05 Site Notice: Expired 17.11.05

SPECIAL CONSIDERATIONS

Policy: TAN6 advises that the display of outdoor advertisements can only be controlled in the interests of amenity and public safety. Policy PS2 states that development should not materially detrimentally affect townscape character and Policy GDP1 (f) seeks to safeguard public safety. Local Planning Guidance Note 1 (Advertisements) advises that the display of advance directional signs adjacent to main roads that are a traffic hazard and detrimental to the visual amenity of the area.

Proposed Sign: The sign is an advance directional sign by virtue of the fact that it is intended to inform road users that the road junction to the Flexys site is some 500 metres south-west of the intended location of the sign. The sign would be 1 metre in height by 0.65 metres wide

Applicants Case: The application has been submitted at the request of the Flexys Community Panel, which consists of members of the Cefn Mawr and Acrefair communities. This was prompted by drivers of HGVs bound for Flexys mistakenly turning into the B5096/King Street off the A539 and concerns expressed by local resident that this will cause a serious accident.

In my view the sign would be a distraction to road users with the anticipated benefits to road safety being negligible. The sign would also be harmful to the visual amenity of the area. I fully sympathise with the concerns of local residents, however the proposed sign is not the appropriate means to address them. I have advised the applicants to contact Highways with a view to seeking the erection of an official highway sign and/or other measures to discourage drivers of HGV’s bound for Flexys mistakenly travelling down King Street.

Conclusion: The erection of an advance directional sign would be distracting to road users and therefore detrimental to highway safety as well as being harmful to the visual amenity of the area, contrary to the objectives of policies GDP1(f) and PS2.

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

RECOMMENDATION That permission be REFUSED

REASON(S)

1. The erection of an advance directional sign would be distracting to road users and therefore detrimental to highway safety as well as being harmful to the visual amenity of the area, contrary to the objectives of policies GDP1(f) and PS2 of the Wrexham Unitary Development Plan. ______Page No 146

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005 List of Delegated Decisions Issued

RUA 3/3a Bridge Street Ruabon Wrexham Demolition, restaurant alterations and rear kitchen P/2005/0434 LL146DA and residential extension GRANTED on 18/11/2005

CHI Land off Highfields Chirk Wrexham Construction of 4 no. semi-detached dwellings and P/2005/0727 LL145NU associated car parking and external works. GRANTED Construction of new vehicular and pedestrian on 11/11/2005 access.

BRO Caego Day Nursery Berse Road New Retention of portable classroom for further P/2005/0825 Broughton Wrexham LL116SL temporary period of 12 months (in retrospect) GRANTED on 18/11/2005

MAR Pont y Ffrwd House Overton Road Change of use to menage P/2005/0848 Marchwiel Wrexham LL130TE GRANTED on 31/10/2005

WRC W D Stant Ltd Rivulet Road Wrexham Modifications internally, repositioning of office P/2005/0851 LL138DY main entrance and single storey flat roof extension GRANTED to rear on 02/11/2005

ROS Alynfields Cottage Harwoods Lane Alterations and extensions P/2005/0872 Rossett Wrexham LL120EU GRANTED on 31/10/2005

ISY IMC Ltd Unit 1 Abbey Road Wrexham Extension to existing factory P/2005/0903 Industrial Estate Wrexham GRANTED on 23/11/2005

BRO Maelor House High Street Pentre Change of use from commercial to residential use P/2005/0904 Broughton Wrexham LL116AW GRANTED on 31/10/2005

CEF Land At Railway Inn Railway Road Proposed detached dwelling P/2005/0919 Cefn Mawr Wrexham LL143AA GRANTED on 22/11/2005

RHO Land At High Street Outline application for residential development P/2005/0938 Rhosllanerchrugog Wrexham (pair of semi-detached houses) and construction of REFUSED LL141AN new vehicular and pedestrian access on 31/10/2005

HAN Newhaven Horsemans Green Extension to provide bedroom accommodation and P/2005/0962 Whitchurch Shropshire SY133DY new garage GRANTED on 31/10/2005

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

WOR Emral Hall Lodge Wallington Lane Listed Building Consent for single storey glazed P/2005/1008 Bangor On Dee Wrexham LL130AL conservatory link GRANTED on 16/11/2005

ESC Bunkers Hill Bersham Wrexham Erection of new bungalow P/2005/1018 LL144HH GRANTED on 22/11/2005

ESC Bunkers Hill Bersham Wrexham Demolition of existing bungalow (within a P/2005/1019 LL144HH Conservation Area) GRANTED on 21/11/2005

OVE The Quinta High Street Overton Demolish existing single storey rear extension to be P/2005/1020 Wrexham LL130DT replaced with new garden room, utility and REFUSED rebuilding of garden outbuildings on 04/11/2005

WRC Tesco Stores Ltd Holt Road Wrexham Erection of 8 no. promotional banner signs P/2005/1039 LL138HF REFUSED/ GRANTED on 08/11/2005

CEF Gwynfa High Street Rhosymedre Change of use from dwelling to offices P/2005/1045 Wrexham LL143YE GRANTED on 31/10/2005

WRO Unit 1 Central Retail Park Wrexham Erection of 5 no. shop signs P/2005/1054 LL111PF GRANTED on 02/11/2005

OVE Knolton Farm Overton On Dee Erection of slurry store P/2005/1062 Wrexham LL130LG GRANTED on 31/10/2005

RHO Clematis Cottage off Mount Pleasant Erection of 3 storey side extension P/2005/1065 Aberderfyn Ponciau Wrexham GRANTED LL141SL on 14/11/2005

ROS 33 Cromar Crescent Rossett Wrexham Two storey extension to side of property P/2005/1068 LL120EF GRANTED on 09/11/2005

ISY Ridley Wood Farm Isycoed Wrexham Erection of agricultural building for animal fodder P/2005/1080 LL139US and storage GRANTED on 10/11/2005

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

BAN 14 Abbots Way Bangor On Dee Erection of conservatory P/2005/1097 Wrexham LL130AA GRANTED on 14/11/2005

CEF Acrefair County Primary School Single storey meeting room extension P/2005/1099 Llangollen Road Acrefair Wrexham GRANTED LL143SH on 31/10/2005

GWE Gwersyllt Hall Farm New Llay Road Conservatory extension P/2005/1111 Bradley Wrexham LL114BG REFUSED on 23/11/2005

WRC 15 Yorke Street Wrexham LL138LW Change of use and alterations to form offices P/2005/1114 GRANTED on 09/11/2005

ESC The Coach House Bersham Wrexham Erection of greenhouse P/2005/1115 LL144HU GRANTED on 11/11/2005

GWE Adj To 2 Bickerton Drive Summerhill Installation of a pouch box P/2005/1118 Wrexham LL114UQ GRANTED on 02/11/2005

GWE By postbox 315 Opposite 40 First Installation of a pouch box P/2005/1119 Avenue Gwersyllt Wrexham GRANTED LL114EW on 02/11/2005

GWE Land Adj 2 Beech Street Summerhill Installation of a pouch box P/2005/1120 Wrexham LL114UF GRANTED on 02/11/2005

GWE Dereks Convenience Store Wheatsheaf Installation of a pouch box P/2005/1121 Lane Gwersyllt Wrexham LL114DS GRANTED on 08/11/2005

ROS Oaktree Farm Townsditch Golly Outline application for erection of farm workers P/2005/1122 Rossett Wrexham LL120AN dwelling WITHDRAWN on 10/11/2005

COE 20 Prospect Drive Coedpoeth First floor bedroom extension P/2005/1124 Wrexham LL113PE GRANTED on 08/11/2005

WRA 16 Mile Barn Road Wrexham Erection of conservatory to rear of dwelling P/2005/1135 LL139LX GRANTED on 31/10/2005 Page No 149

REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

WRA 24 Kensington Grove Wrexham Construction of new bay window to existing front P/2005/1141 LL128AJ windows GRANTED on 09/11/2005

WRA 36-39 Chester Street Wrexham First floor extension to form additional office space P/2005/1146 LL138AH and staff amenity, new lift and alterations at ground GRANTED floor level to provide additional car parking on 21/11/2005

GRE The Kennels Off Barkers Lane Installation of a slim line lightweight steel climable P/2005/1148 Wrexham LL139TP monopole to accommodate 6 no. antennas and 2 no. WITHDRAWN 0.3m transmission dishes (overall height 22m) with on 24/11/2005 associated radio equipment housing and ancillary development

MAR 11 Yorke Avenue Marchwiel Wrexham Conversion of existing garage into garden lounge, P/2005/1150 LL130SG erection of porch and new garage, replace existing GRANTED flat roof with new pitched roof on 09/11/2005

GRE 6 Hayfield Drive Gresford Wrexham Erection of detached garage P/2005/1162 LL128YJ GRANTED on 11/11/2005

MAE The Hollies Cadney Lane Bettisfield Rear extension to existing dwelling P/2005/1163 Whitchurch Shropshire SY132LS GRANTED on 18/11/2005

ROS 10 Roseway Burton Rossett Wrexham Extension to dwelling P/2005/1164 LL120LF GRANTED on 09/11/2005

ESC Land adjoining 6 Fairview Rhostyllen Crown reduce 2 no. oak trees to clear property and P/2005/1165 Wrexham LL144HX back to previous pruning point GRANTED on 15/11/2005

HAN Thelema Horsemans Green Whitchurch Single storey rear extension to provide P/2005/1166 Shropshire SY133DY conservatory, extension to living room and 1 no. GRANTED bedroom to first floor above existing garage on 09/11/2005

CEF Castle View Park Road Newbridge Two-storey extension to side of dwelling P/2005/1168 Wrexham LL143YY GRANTED on 14/11/2005

HOL 1 Frog Lane Cottages Frog Lane Holt Removal of 2 No. trees (within a conservation area) P/2005/1174 Wrexham LL139JA - 1 No Birch and 1 No Cherry GRANTED on 17/11/2005

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REPORT OF THE CHIEF PLANNING OFFICER – Date 5th December 2005

WOR Poplar Farm Wallington Lane Removal of existing buildings to provide a new P/2005/1175 Worthenbury Wrexham LL130AL general purpose shed with no livestock GIVES APPROVAL on 07/11/2005

RHO Kwik Save Group Plc Ruabon Road Display of 2 no. totem signs and 2 no. fascia signs P/2005/1177 Ruabon Wrexham LL146PU GRANTED on 08/11/2005

ESC Travelodge Wrexham Road (A483) Display of hotel signage P/2005/1178 Rhostyllen Wrexham LL144EJ GRANTED on 22/11/2005

ROS Land adj to The Orchard Roseway Outline application to erect 1 no. dwelling. P/2005/1181 Burton Rossett Wrexham LL120LF GRANTED on 11/11/2005

WRA 1 Ffordd Trefin Wrexham LL127PN Ground floor double garage and first floor bedroom P/2005/1196 extension GRANTED on 15/11/2005

RHO 1 Y Gerddi Rhosllanerchrugog Erection of garden outbuilding (In Retrospect) P/2005/1205 Wrexham LL141BS GRANTED on 16/11/2005

HOL Roant Frog Lane Holt Wrexham Demolition of existing utility room and replacement P/2005/1213 LL139HJ with larger utility room with pitched roof GRANTED on 15/11/2005

LLA 8 Llay Court Estate Llay Wrexham Single storey side lean-to extension P/2005/1215 LL120PN GRANTED on 16/11/2005

WRO 10 Drws Y Coed Wrexham LL137QB First floor bedroom/en-suite extension P/2005/1226 GRANTED on 21/11/2005