Public Document Pack

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

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

Your Ref/Eich Cyf Our Ref/Ein Cyf Date/Dyddiad 14 July 2014 Ask for/Gofynner am Ken Bickerton Direct Dial/Rhif Union 01978 292242 E-mail/E-bost [email protected]

Dear Councillor

You are requested to attend a meeting of the PLANNING COMMITTEE of Council to be held on FRIDAY, 18 JULY 2014 to view the undermentioned sites. Transport has been arranged with a mini-bus departing from the CIVIC ENTRANCE, GUILDHALL, WREXHAM at 1.45 pm.

Yours faithfully

Head of Corporate and Customer Services

A G E N D A

1 Apologies for Absence

2 Declarations of Personal Interest, if any:

3 Itinerary:

1.45 pm Mini-bus departs from the Civic Entrance, Guildhall, Wrexham

A 2.25 pm Erection of Detached Double Garage at Pear Tree Cottage, Mill Lane, Horseman’s Green, Wrexham (Application Code No P/2014/0293).

Reason for Visit: To consider the impact of the proposed garage on the street scene.

B 3.05 pm Installation of Solar Panels and associated equipment to enable energy generation and connection to National Grid on land East of Bronwylfa Reservoir and North of Legacy

Substation, Aberoer Road, Aberorer, Wrexham. (Application Code No P/2014/0263)

Reason for Visit: To consider the visual impact of the proposed development upon the landscape and its relationship to neighbouring development.

In accordance with the Protocol on Planning Site Inspections, the Planning Committee will convene in Meeting Room No 1 at the Guildhall, Wrexham after the last site inspection, but no earlier than 4.00 pm to reach a decision on the above matters.

TO: MEMBERS OF THE PLANNING COMMITTEE

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

LOCAL MEMBERS

SITE A Councillor Lloyd Kenyon SITE B Councillors Kevin Hughes and Paul Pemberton

Agenda Item 3 Page No 40 SITE A

REPORT OF THE HEAD OF WELLBEING AND DEVELOPMENT – 7 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0293 PEAR TREE COTTAGE MILL LANE 29/04/2014 HORSEMANS GREEN WREXHAM SY13 3EA COMMUNITY: CASE OFFICER: Hanmer DESCRIPTION: PF ERECTION OF DETACHED DOUBLE GARAGE WARD: AGENT NAME: Overton APPLICANT(S) NAME: MR S COLQUHOUN MR J FENLON

______

THE SITE

Proposed garage

PROPOSAL

Planning permission is sought for the erection of a detached two bay garage to the corner of the front garden area of the dwelling. The garage is proposed at a 6.6m by 7m footprint to a maximum ridge height of 4.3m utilising materials to match those of the existing dwelling.

Page 3 Page No 41

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

HISTORY

14716 Outline planning permission for the erection of a detached bungalow and alteration to existing vehicular and pedestrian access. Granted 05.01.1988 18767 Renewal of 14716 (above). Granted 14.01.1991 19730 Erection of dwelling and construction of new vehicular and pedestrian access (approval of reserved matters). Granted 11.11.1991

DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: Object for the following reasons: • The size and height of the building is more like the size of a bungalow; • Not in keeping with the properties in the road as it is in front of the building line; and • It will obscure the view of the neighbouring property and it is closer to The Oaks than the applicant’s property. Local Member: Notified 23.05.2014 Site Notice: Expired 02.06.2014 Neighbours: Two neighbouring occupiers were notified 12.05.2014. One objection received raising the following points: • The proposal would not accord with policy GDP1 as the character of the immediate locality is one of openness, particularly the east side of sites adjacent to the road (Mill Lane), with many large open garden/lawn spaces between property frontages and the road. The proposed development represents a significant loss of existing garden space, so-called garden grabbing, as well as having a major impact on the openness of the area. The proposed development is also likely to make the site over-dense and over developed, and is disproportionate to the

Page 4 Page No 42

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

size of the landholding. The proposed development does not therefore make a positive contribution of the nearby locality. • The proposed development will harm the openness of the neighbouring green barrier and be an undesirable intrusion in to the rural landscape and be in conflict with policies PS1, GDP1, EC1 and H5; • The proposed development is overbearing in terms of its size and appearance, particularly the height of the roofline and its overall footprint. It will overshadow our property in the morning as the sun rises in the east. This is likely to have an adverse effect on the residential amenity of the neighbouring dwellings, particularly The Oaks; • The concern about the development is fully supported by the local Cllr, Lloyd Kenyon.

SPECIAL CONSIDERATIONS

Design: The garage is proposed in the front garden area of the existing dwelling adjacent to the highway. The character of street scene is characterised by a mix of dwelling types ranging from traditional cottages to relatively modern bungalows. These properties are mostly located set back from the highway, but the neighbouring property to the south (Ingle Nook Cottage) is positioned immediately adjacent to the highway. Two photographs are shown below showing the application site within the street scene. View from South below

Position of garage

Page 5 Page No 43

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

Position of garage

View from north

Whilst the garage would be visible within the street scene I consider that the context of the settlement is such that the siting of the garage forward of the principle elevation of the dwelling would not represent a particularly incongruous addition to the street scene. Ingle Nook Cottage sits adjacent to the highway edge and there is also a similar detached garage, albeit slightly smaller, further to the north outside The Sycamores. The variety of architectural styles also reduces the formality of the buildings in the area which further reduces the impact. The proposed double garage is of a typical size constructed from matching materials.

Amenity: The garage would be located closest to the front elevation of The Oaks. However, the front elevation of this dwelling is such that the there are no habitable windows immediately adjacent to the proposed garage itself. As the front elevation of the property faces diagonally slightly away from the proposed garage I am satisfied that the proposal would not result in an overbearing structure that would harm the amenity of the neighbouring occupiers.

Other matters: The remaining garden area to the property would be sufficient (3 spaces in accordance with LPG16) and the garage would not interfere with any existing parking provision.

Conclusion: I am satisfied that this proposal can be accommodated given the characteristics of the settlement pattern in the wider area. I do not consider that the proposal would represent an overdevelopment of the site and I recommend accordingly.

Page 6 Page No 44

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. The existing hedges along the eastern boundaries shall be permanently retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height falls below 1 metre at any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved in writing by the Local Planning Authority.

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.

______

PLANNING COMMITTEE 7 JULY 2014 ADDENDUM REPORT

Pages 40 – 44 HAN P/2014/0293

Pear Tree Cottage, Mill Lane, Horseman’s Green Speaker: AGAINST – Mr M Faulkner (Local Resident)

Page 7 Pond

Pond

Pond

Willington Cottage The Glebe Farm Poplars

M is s io n R o o Willington Grange m Sinks Scout Hut Te n Oak Villa O a k Spring Coniston s Glebe Cottage

1

2 The Chapel House Croft House Meggernie Horseman's Green LB New Pond The Homestead Haven Millfield

TCB

The Earring Lilacs ge ta ot C St Lawrence ow ill W Oakmere The Hollies

r

e t

d t

n o

a C

v

s

r e

a

a h

L e i

g r ta T ot B C C la he T n Millcroft T h d e oy in T H The Beeches im o F b u H i e s o lb e Prospect House u e rs Orchard s r e t GP Thelema House

Boundary House l el gw rin Sp The Sycamores

Pond

The Oaks

Pear Tree Cottage Ingle Nook Cottage

Pond

The Firs

Ponds

The Barn Heathfield 1

H a lg 3 h to Merrymead n V ie

Ponds w 6

Longacre

Hillside Pond

Murefield

The Cedars

Hillcrest

Pond

Reproduced from the 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.Wrexham County Borough Council Licence No. LA09021L

Head of Community Well Being and Development Lawrence Isted Location Plan : P/2014/0293 Site :PEAR TREE COTTAGE, MILL LANE HORSEMANS GREEN, WREXHAM. COUNCILLOR LLOYD KENYON

Contact Wrexham, 16 Lord Street, Wrexham. Produced By : SLW LL11 1LG Date : 09/07/14 Page 8 Page No 25 SITE B REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0263 LAND EAST OF BRONWYLFA 11/04/2014 RESERVOIR AND NORTH OF LEGACY SUBSTATION ABEROER COMMUNITY: ROAD ABEROER WREXHAM CASE OFFICER: LL14 4LG JS

DESCRIPTION: WARD: INSTALLATION OF SOLAR PANELS AGENT NAME: AND ASSOCIATED EQUIPMENT TO CORYLUS PLANNING & ENABLE ENERGY GENERATION ENVIRONMENTAL AND CONNECTION TO NATIONAL MR P DUNCAN GRID.

APPLICANT(S) NAME: MR S BAYLEY WREXHAM COUNTY BOROUGH COUNCIL

______P/2014 /0263 THE SITE

The site comprises agricultural land (used as pastureland) located to the northwest of Legacy sub station. The site is crossed by two overhead lines, a public footpath and ditches, and there a number of mature trees and hedgerows. Along the southern edge of the site there is a watercourse.

Application Site

Temporary compound area

Page 9 Page No 26

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

PROPOSAL

As above. The application has been submitted with a number of reports to appraise the impacts on Landscape and Visual aspects, Trees, Flood Consequences, and Ecology, and the reports are also supplemented with other information.

The scheme is intended to provide energy up to 3 MW, and the panels will be spread over 4 defined areas within a site area of 7.5 ha. The solar panels will be mounted on frames no higher than 3m, and the panels will face southerly towards the sun. The site will be secured by green mesh security fencing 2m high, and motion sensor security will be placed on 3m high poles. Various electrical connection infrastructure items, eg inverter and transformer equipment, switchgear and distribution network operator (DNO) cabinets are required, and the layout plan indicates 5 in total. These will take the form as small ancillary buildings – measuring between 2.5m to 4.5m wide x 5m to 10m long and 3m high.

Landscape mitigation within the site is also proposed.

A temporary compound is required adjacent to B 5426 and the access serving this area will be permanently closed when the use becomes operational.

Access to the site after this time will be via an existing vehicular access point which is located on B5426 just north of the reservoir.

Page 10 Page No 27

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

HISTORY

None.

A screening opinion has been undertaken, and the development did not require the submission of an Environmental Impact Assessment (EIA).

DEVELOPMENT PLAN

Outside settlement limits. Policies PS2, PS12, GDP1, EC2, EC4, EC5, and EC6 are relevant.

CONSULTATIONS

Community Council: A number of points and observations made, and includes: Visual impact for immediate neighbours is considerable. Screening of site is partial at present, and is influenced by the deciduous nature of existing tree and hedgerow makeup. Without considerable levels of planting to west and northern boundaries, the scheme will have a negative impact, and a detailed planting scheme aimed at minimising the visual impact to adjacent residential properties should be conditioned. The construction phase is likely to result in a significant increase level of traffic. It is felt that the use of short articulated vehicles to bring materials to the site through the winter months will necessitate a significant number of traffic movements. The highway just before the temporary site entrance is recognised as an area susceptible to flooding and this concern over the safety of road uses. The prospect of soil and mud being carried out onto the highway will also raise safety concerns. The panels will cause glare from reflected sunlight The scheme has a lifespan of 20 years. No information has been supplied to confirm what happens when the solar installation is de- commissioned. The economic benefits are acknowledged, however the development should ensure suitable amenity control measures, to consider the well- being of adjacent residents. Local Member(s): Notified 23.4.14 Public Protection: No comments

Page 11 Page No 28

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

Welsh Water: Consulted 23.4.14 Natural Resources : Unlikely to have significant impact on protected landscapes (Brynniau a Dyffyn Dyfrdwy Area of Outstanding Natural Beauty) or protected species in the area. The site is approximately 400m from the AONB, and potential views of the development are distant views from the higher locations within the AONB, and views of the site will be ‘low angle’ allowing screening to be more effective and achievable. Tree planting and mitigation will mitigate impacts. The ecology survey is acceptable, and no statutory protected species are likely to be adversely affected in the area of the solar panels (area A as defined in the ecology report). If development takes place in area B (which is not within the application site), further re-consultation with NRW is required. Highways: The site is located on a classified highway (B5426) and this is subject to a 50 mph speed limit, but in reality the vehicular speed is no more than 40 mph due to the geometry of the road. The roads giving access to the site (B5097 and B5426) are below current design standards, and these are not ideal for use by HGVs. The intended access route to serve the development is A483 Croesfoel roundabout, B5605 exit to for 0.1miles, turn right up B5098 for 0.3 miles, turn left on B5097 for 0.9m miles as far as Legacy Water tower, and then continue straight on Bronwylfa Road (B5426) for 0.5 miles. There are no weight or width restrictions on the route, and it has been used to take wide loads and HGVs to the National Grid site at Legacy substation. It is possible to control the access route for construction traffic by imposing a planning condition – to require submission and implementation of a Construction Traffic Management Plan (CTMP). The application confirms that there will be only 2 HGV journeys per day along the proposed traffic route over the course of a 12 week construction period. Once the site is operational, the site will only be visited by occasional maintenance vehicle utilising the existing access track just north of Bronwylfa reservoir. Access to the compound area will have limited visibility, and vehicle use will be controlled by using someone (banksman) to help traffic out, which can

Page 12 Page No 29

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

be controlled through the CTMP. Signage to warn motorists of the access can also be implemented. The need for any wheel wash facilities if the compound area is not adequately surfaced can also be controlled. Based upon the scale of use – no highway objections are raised providing a suitable CTMP is submitted and approved, and fully implemented AONB Joint Advisory Committee (JAC): Given large scale of this development it will inevitably have some impact on views from the higher ground of the AONB, but it is acknowledged that the enclosed character of the local landscape surrounding the site (extensive hedgerows, mature trees and small woodlands) and the distance from viewpoints in the AONB will significantly diminish the impact. The development should also be seen in context the nearby Legacy substation. JAC concludes that the proposal will not result in significant harm to the AONB and its setting, but would emphasise the need for the LPA to ensure that the overall approach to development, particularly landscaping of the site, to mitigate these impacts as far as possible – to integrate and absorb the development into its rural landscape. Existing landscape features should be retained, and the intention to gap up existing hedgerows and to plant new hedgerows is supported, and the planting of small groups for trees should be included. The panels should be carefully selected to minimise glint and glare, and the panel frames and supporting frames should be dark recessive colour to blend in. The new security fencing should be unobtrusive as possible. Press Notice: Expired 23.5.14 Site Notice: Expired 20.5.14 Neighbours: 24 neighbours notified, and 6 comments received raising the following concerns: • The numbers of solar panels are out of proportion for this rural area, and should be located on former industrial/brownfield sites – like Wrexham Industrial Estate. The panels should be installed on ground that is not such high quality. This proposal is supporting creeping industrialization of this lovely landscape, and screening is very important. • The use conflicts with adopted policies. Priority should be given to the conservation and

Page 13 Page No 30

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

enhancement of the landscape. The UDP requires the natural environment to be safeguarded. The wider environmental benefits need to outweigh the detrimental effects of a development. It is contrary to the UDP, and it industrialises agricultural land. It will erode green areas and is within a green barrier. The site is within a Special Landscape, and it will have a major impact on visual amenity. The panels are very large and great in number and they will be out of character with local surroundings. It will be an undesirable addition to the Legacy sub-station site. • Loss of agricultural use. It will affect farming character. • Negative impact on wildlife • Noise, heat and reflection will be generated by the panels. • Health risks will be experienced because the panels contain chemicals. • Site is open and often subject to high winds, snow and this could cause damage to the panels and local properties. • Highway safety issues. Substandard visibility at access for vehicles emerging from the site. Increased traffic could cause issues for local areas, and these roads are also used by cyclists, horse riders and pedestrians. The increased traffic will be experienced along the entire length of B5426, and not just a short section. • Emergency services will be unable to access the site. • The proposal does not support the health, social and wellbeing of this rural community. • The change of use from agriculture is required because there is more to farming than grazing sheep under the solar panels. This would mean that anything could be located on the land if raised on stilts. • The proposal is no more than the large scale industrialisation of agricultural land. • This will spoil view of landscape from property • The use will de-value property • Reflective glare from panels • Poachers use the fields, and the police cannot catch them.

Page 14 Page No 31

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

• The panels will not blend in with the green surrounding landscape. • Maintenance of the hedges and ditches along the boundaries of fields is required. Straying livestock can cause terrible damage and cause lots of problems • Public consultation prior to submission did not include everyone. • Number of substations is unclear • The time period of the construction period should be controlled. It took 2 years for the reservoir to be installed. • The road signs of 50 mph should be removed. The road is unsafe at 40 mph, and the signs give the impression that 50 mph is possible.

One letter of support was also received. Schemes of this nature need to take place in order to ensure that energy needs can be met thought sustainable sources. It will send out the right message about renewable energy and its place within the environment.

SPECIAL CONSIDERATIONS

Policy: National policy is PPW6, and this was published after Wrexham UDP and therefore this will be more relevant if policy is different to the UDP.

PPW6 advises that the generation and use of energy from renewable and low carbon energy at all scales is promoted, and the policy wishes to secure an appropriate mix of energy provision to maximise benefits to economy and communities whilst minimising potential environmental and social impacts. Although solar generation is seen as a renewable energy, it is also important to avoid or minimise, adverse impacts through careful consideration of location, scale, design and other measures. The scheme will provide enough power to support 800 - 900 homes, and issues of adverse impacts are examined below.

TAN 8: Planning for Renewable Energy further advises that “other than in circumstances where visual impact is critically damaging to a listed building, ancient monument or conservation area vista, proposals for appropriately designed solar thermal and photovoltaic systems should be supported”. Although this wording does not specifically mention large arrays of solar panels, a recent appeal decision confirmed that paragraph 8.4 of Annex C confirmed that structures can be mounted on the ground, and it was considered that the lack of specific reference to large scale solar schemes as part of TAN 8 does not suggest that the principle is unacceptable, providing other matters are acceptable.

Page 15 Page No 32

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

In terms of the Wrexham UDP, Policy PS12 confirms that proposals for generation from energy from renewable sources should be supported provided the wider environmental benefits are not outweighed by any detrimental impacts on the landscape, public safety and the local environment.

Although the site is not within a settlement area (Policy PS1), this type of development is not specifically excluded from non settlement area locations – although impacts upon landscape character and amenity is still very important – as required by policies PS2 and GDP1.

Policy PS3 confirms that where possible, previously used (or brownfield) sites should be favoured particularly where a site has ecological, landscape or amenity value, or comprises agricultural land of grades 1, 2 or 3a. The significance of these matters will be examined under separate headings below.

Agricultural land: The site is agricultural land, and its classification on the Agricultural Land Classification map is shown as grade 3. It is not known whether the land has a sub classification as grade 3a, but it is an area of improved grassland. UDP Policy EC2 could therefore be relevant if the use was involving a permanent loss of the land. However the use does not involve a permanent loss of agricultural land and at any stage the energy generating use is decommissioned, the land would revert back to a full agricultural use, and this can be conditioned as part of any decision. The site is immediately adjacent to existing infrastructure – Legacy sub station. It is further noted that the land does not form an integral part of an existing farm, and therefore the viability of an existing farm is not considered to be at risk by this proposal. Cumulative impact has been examined as part of the EIA screening process.

Although the use will be for a long time – 30 years plus, it is also noted that the intended use will not preclude the possibility of some agricultural usage in the interim period as it will be possible for the land to be leased for grazing purposes, which is not very dissimilar to the current agricultural situation for the land – which can be confirmed by observing a number of aerial photos for the area over the last 10 years and more. As a result the land classification status of this land for this type of development is not a concern in this instance, whether the land is grade 3a or not.

Landscape impacts: The site is within a Special Landscape Area (SLA), which comprises traditional rural farmland below the lower slopes of Mountain, and it is about 400m to the east of the nearest point of the Clywdian Rand and Dee Valley AONB.

The general area has a combination of intact hedgerows and frequent mature hedgerow trees, and this gives the area a wooded semi-enclosed to enclosed remote character. The area also has scattered farm and residential

Page 16 Page No 33

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014 development and the area is crossed by small lanes, many sunken in relation to the fields, and are contained by hedgerows. Views across the landscape, is therefore in the main, very limited. The Legacy sub station is next to the site and this is well integrated behind woodland, but together with overhead power lines and pylon towers, their is presence is seen within middle distant views, and are locally prominent.

The position of the AONB to the west of the site will mean that any reflective glare from the solar array is unlikely to be an issue because these panels will face at right angles to this area.

As a result it is considered that this landscape with strong vegetation structure and visual enclosure can more readily accommodate change without wider detrimental impacts upon landscape character. Although the landscape character of the site itself would change considerably, it is considered that the wider rural landscape character of AONB and Special Landscape Area would remain intact.

In general it is considered that wider views towards the area will only give limited glimpses of the development, and middle to distant views will be filtered by existing vegetation. Only a small part of the development would be seen. Also it would only form a minor component within existing long ranging/panoramic views, and the development will have some association with existing structures (e.g. overhead power line towers and sub-station). Any views from AONB, SLA, public footpaths, and country lanes are likely to be small or no change. Only some views from first floor areas of residential property may view a small change.

There are a number of residential properties which are neighbouring the site, and it is estimated that 6 properties could potentially have some views of part of the development from first floor windows, and this is mostly where views into the site are not benefitting from existing boundary trees.

The scheme provides landscape management proposals, and it is intended to allow hedgerows to grow up to 2.5m high. Whilst this helps with ground floor views towards the site, this does not help with first floor views, and therefore further measures to raise the canopy height and screening effect would help mitigate visual effects for these local views.

For other local views, it is noted that a public footpath crosses the site, and there is one to the south of the area, and the solar panels will be seen from these paths. However the panels would be seen within a backdrop of the hill slopes of Ruabon Mountain, and the impact will be low level. It is further noted that views from the paths are seen together with the pylons and their overhead lines. Whilst views will be affected, they are not considered to harm the overall visual and sensory experience of the AONB, and its setting.

The scheme also provides landscape enhancement proposals to help with integration. The most visually sensitive (and open) areas near to residential

Page 17 Page No 34

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014 property (located north of the site) will not have panels erected on the land, and mature trees and hedgerows are retained. Additional planting is proposed to fill gaps, and hedgerow management will help with integration and screening. The scheme also includes measures to reduce the appearance of structures i.e. green mesh fencing or deer fencing, will these will have little visual presence, and the separation of panels into different areas within the site will help ensure the mass of the panels are acceptable. Some areas of additional native tree planting along a couple of the site boundaries will be beneficial, and conditions are required to ensure landscape enhancement elements of policies PS2, GDP1a) and EC5 are adequately satisfied.

Ecology: The report as submitted is considered adequate, but a condition is required to control some aspects. In general the scheme will afford the possibility for existing habitats to be enhanced.

Mitigation measures are mentioned as part of the submission, and this is primarily to manage the grassland areas, both between the area of the solar panel arrays and the site boundaries and between the panels, and to retain all mature trees, and to provide new native tree and hedge planting, etc. The details need to be firmed up, and this will need to be made conditional of further approval. Some of this management will also need to consider surface water runoff mitigation requirements.

Highways: The proposal will require a period of some traffic generation, and based upon information as submitted, it is envisaged that the construction period will be for a 12 week period, and the most deliveries to the site will occur during the period when the panels are delivered to the site.

As a result of the construction work and deliveries it has been confirmed that a temporary on-site constructors’ compound is required, and due to the nature of local highways, it is proposed to form a temporary area with a new access off B5426 as it affords greater highway safety, and it will require easier turning for the type of HGVs without needing to affect existing trees. No other access points are required during the construction period because access can be achieved across the site to the areas required for the solar arrays, although works in connection with electricity connection could require a connection point near an existing access point, and this will require some work within that area.

Other amenity impacts: a) Trees: The submitted tree report adequately deals with tree protection within the site, although it does not consider the impact of any underground electricity cable connection from the solar panels to the National Grid. It is likely that this work will require an underground cable within the footprint of an existing track which is located just to the north of an existing reservoir. As a result there is potential for some damage to be caused tree roots unless protection measures are employed.

Page 18 Page No 35

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014 b) Residential amenity: Of the matters not already covered above, the following should be noted.

Generation of any noise from the development is unlikely to be very significant, and noise is likely to be limited to some of the ancillary equipment. The equipment will be mostly located inside cabinets and these will be located well away from residential property. The nearest one is shown at 20m plus from the B5426, and therefore it is unlikely to be an issue for residents living the other side of the road. But to ensure that noise does not become an issue, a planning condition to ensure that current noise levels are not exceeded by a small amount above existing background levels.

The position the panel arrays on this land as relative to surrounding properties will not cause any glare issues. c) Other matters: Issues of structural safety in relation to high winds are not a matter for planning to control, but this will need to be considered by the installing company.

I am not aware of any particular issues of health risks arising from solar panels, and this has potential has not been raised by Public Protection.

Decommissioning: The local Community Council is concerned that the application contains no information about decommissioning once the panels have no energy generating purpose. As a result, and to ensure that the land maintains an agricultural function once the energy use ceases in the future, a planning condition is required to ensure that all the panels, frames and other ancillary equipment are removed, and for the land to be fully reinstated to its former condition.

Conclusion: The scheme provides a useful renewable energy source, and the development is consistent with both national and local policy. The solar arrays will only have limited impact on the landscape and residential amenities, and the development impacts can be mitigated by planning conditions.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority, and the plan shall include full details to cover the following matters: (i) On site parking and turning facilities for construction vehicles (ii) On site parking facilities for

Page 19 Page No 36

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

(iii) The employment of a banksman, to direct vehicles from the vehicular exit point of the site for HGVs using the access (iv) Signing and guarding proposals along B5426 and B5097 (v) Wheel wash facilities, &/or details to ensure that debris/mud is not carried out onto the adjacent highway The plan as subsequently approved shall be fully implemented for the duration of the construction phase of the development 3. No part of the development shall commence until details of further tree planting proposals have been submitted to and approved in writing by the Local Planning Authority for the following areas within the red and blue areas as indicated on drawing no W19/WCBC/05: (i) An area along the eastern boundary of Beechwood Farm between the highway and the pylon tower (ii) At three separate locations along the western boundary of the site 4. Prior to their installation, details of the CCTV cameras and supporting structures shall be submitted for further approval, and the scheme shall be implemented in accordance with those details as approved. 5. Prior to commencement of works, a detailed ecological management plan and enhancement plan shall be submitted to and approved by the Local Planning Authority. The plan should outline the grassland management of the site during the lifetime for the development, the exact location of any enhancement proposals and their future management and maintenance regimes. The approved plan should be implemented in full within time scales to be specified as part of the management plan 6. The existing trees, shrubs and hedges shown on drawing(s) No(s). W19/WBC/04 to be permanently retained shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be replaced with trees, shrubs or hedging plants of the equivalent size and species. 7. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a five year Maintenance Plan and timescale for the implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 8. The landscaping scheme as carried out in connection with condition no. 07 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 9. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 10. The tree protection fencing and ground protection measures approved in connection with condition no. 09 shall be kept in place until all external site

Page 20 Page No 37

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014 works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 11. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority.

12. The following activities should not be carried out under any circumstances: 1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. 3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

13. The new access from B5426 to service the temporary compound area as shown on plan no R3.4 shall be fully closed once the site has become operational for energy generation. 14. No means of external illumination/lighting or form of audible alarm shall be installed on site without the prior written consent of the Local Planning Authority. 15. Should the use of the land for the generation of electricity from solar panels at the site cease, other than the tree planting and hedge planting

Page 21 Page No 38

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014 measures as implemented as part of the development, all solar panels including their supporting ancillary structures, shall be fully removed from the site within 6 months of the date of the sites' decommissioning, and the land shall be restored to its original condition prior to first use. 16. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 17. The recommendations of the submitted Flood Consequences Assessment Report (ref K0457, dated 9.4.2014) shall be fully implemented as part of the development. 18. The external appearance of the ‘switch gear house’ and ‘inverter and transformer stations’ buildings shall be finished and maintained with a dark green colour. 19. Details of the brick to be used on the proposed substation building (building D as shown on approved drawing no. R3.4) shall be submitted to and approved in writing before it is first erected. 20. The site shall be laid out in accordance with the layout shown on drawing no. R3.4, unless first agreed in writing with the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of highway safety. 3. To help ensure that landscape impacts of the development on the surrounding area are minimised. 4. To help ensure that the landscape impacts of the development on the surround area are minimised. 5. To help mitigate the impacts of the development on ecology. 6. To ensure the amenity afforded by the trees is continued into the future. 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 that the retained trees are adequately protected during development in the interests of amenity. 10. To ensure that the retained trees are adequately protected during development in the interests of amenity. 11. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 12. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 13. In the interests of highway safety.

Page 22 Page No 39

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 7 July 2014

14. To protect the amenities of the area and residents and to protect ecology interests. 15. To ensure that the land is fully restored to agriculture, to accord with the Council's strategic policies for the location of development. 16. To protect the amenities of the occupiers of nearby properties. 17. To ensure proper drainage of the site. 18. In the interests of the visual amenities of the area. 19. In the interests of the visual amenities of the area. 20. To ensure that the visual impacts of the development are adequately controlled, to protect the visual amenities of the area.

NOTE(S) TO APPLICANT

Should connection cables to the National Grid fall within tree protection areas or construction exclusion zones as defined by BS 5837:2012, you are required to submit details to the Local Planning Authority to confirm how the cable will be installed without causing damage to retained trees in order to comply with planning condition no. 11 item 3).

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

Before preparing items in relation to condition 5 above, you are advised to consider the areas highlighted on the enclosed mitigation proposals plan as amended and included with the decision documents - dated June 2014 before preparing the submission.

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

Page 23 PLANNING COMMITTEE 7 JULY 2014

ADDENDUM REPORT

Pages 25 – 39 ESC P/2014/0263

East of Bronwylfa Reservoir and north of Legacy Substation, Aberoer Road, Aberoer Speaker: AGAINST – Mr Ken Rowlands (Representing Local Resident)

Correction

Condition 2(ii) On site parking facilities for construction staff workers and visitors.

Page 24 Pandy

Cottage

Well

P

a

t h

( u

m

)

) m (u th Pa

E TL Berthengron Farm

FB

Berthengron Cottages

3 2

B 5 4 2 6

Aberoer GP LB Cotts

Hafan Wen

2

1 1

Wayside Beechwood Farm 2

Issues

N The a W n t i w n o d P y o Willows a d R t h

di ( g u

e m

)

Avon Lea

E T L

) m u (

h t a P

Institute E

T L

Rose Cottage

P a th

(u m )

Issues

Sinks

Bron Wylfa Reservoir

ET L

Sinks

) m u ( th a P

Frondeg Hall

Issues

Issues

) m u (

h t a P

P

a

t h

El Sub Sta

Sinks

B 542 GP 6

LB

LB

The Home Farm Cottage

FB

Three Chimneys The Bramley House Stables Legacy Tower

Drain Shaft T Brookside he S tab les Cott Legacy Cottage

d e r d o FB o C o y w r n i e h

M L n S T w Y t E S n a Sychnant BRO N NW YLF Drws y Nant A R OAD

Weir Legacy

Station House LB Mill

B 5426

Legacy Water

Pent rebyc han Brook

ay ilw Talwrn Ra d tle an Esclusham Farm ism D Bridge

Sunnymead

Reproduced from the 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.Wrexham County Borough Council Licence No. LA09021L

Head of Community Well Being and Development Location Plan : P/2014/0263 Lawrence Isted Site :LAND EAST OF BRONWYLFA RESERVOIR, AND NORTH OF LEGACY SUB STATION, ABEROER ROAD, ABEROER, WREXHAM. COUNCILLOR P H PEMBERTON COUNCILLOR KEVIN HUGHES Contact Wrexham, 16 Lord Street, Wrexham. Produced By : SLW LL11 1LG Date : 09/07/14 Page 25 This page is intentionally left blank