AGENDA ITEM NO. 4 REPORT TO: Planning Committee REPORT NO. HCWD/34/13 DATE: 4 November 2013 REPORTING OFFICER: Head of Community Wellbeing & Development CONTACT OFFICER: David Williams (Ext 8775) SUBJECT: Development Control Applications WARD: N/A PURPOSE OF THE REPORT To determine the listed planning applications. INFORMATION Detailed reports on each application together with the recommendations are attached. RECOMMENDATION See attached reports. BACKGROUND PAPERS None. Page No 1 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 Community Code No Applicant Recommendation Page No ROS P/ 2013/0378 MR J JENNINGS GRANT 2 - 9 WRO P/ 2013/0419 Q2 LEISURE AND GRANT 10 - 20 LETTINGS LTD MR M MURTON WOR P/ 2013/0517 MR S PAINTER GRANT 21 - 26 BRY P/ 2013/0567 MISS PETA GRANT 27- 30 PARKHOUSE BRY P/ 2013/0586 TAYLOR WIMPEY GRANT 31 – 44 MANCHESTER LTD MR M CALVERT WRC P/ 2013/0598 MR G POWELL GRANT 45 - 53 OVE P/ 2013/0599 MR M CHILVER GRANT 54 - 56 MAE P/ 2013/0603 DERWEN COLLEGE GRANT 57 - 61 WOR P/ 2013/0620 MISS VICKI BARLOW GRANT 62 – 65 SES P/ 2013/0624 THE CO OPERATIVE GRANT 66 – 70 GROUP SES P/ 2013/0625 THE CO OPERATIVE GRANT 71 – 74 GROUP MIN P/ 2013/0651 MR RON DAVIES GRANT 75 – 77 Total Number of Applications Included in Report: 12 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 2 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0378 HOLMWOOD BURTON ROAD 03/06/2013 ROSSETT WREXHAM LL12 0HY COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: PF CHANGE OF USE OF AGRICULTURAL LAND TO WARD: RESIDENTIAL (IN RETROSPECT) AGENT NAME: Rossett AND TWO STOREY REAR / SIDE AGD ARCHITECTURTAL EXTENSION AND SINGLE STOREY LTD SIDE EXTENSION MR A GAMBLE APPLICANT(S) NAME: MR J JENNINGS _____________________________________________________________________ THE SITE Land subject Position of to change of extension use Existing barn Ty Newydd Settlement limit Access PROPOSAL As above. Page No 3 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 HISTORY No relevant history. DEVELOPMENT PLAN The site is located outside but adjoining Burton settlement limit. The land is within a Special Landscape Area and a Green Barrier. Policies PS2, GDP1, EC1, EC2, EC5 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 13 – Housing in the Countryside, 16 – Parking Standards and 20 – House Extensions. CONSULTATIONS Consultation responses below were submitted prior to and after the application documentation was amended to include the retrospective change of use of land. Where responses were received following the period of reconsultation, those responses are shown in italics. Community Council: Supports the application Local Member: The proposal will result in the permanent loss of Grade 2 agricultural land which may result in land creep. The extension transforms the original house from a traditional farm cottage to an executive style house in excess of the guidance in LPG13. LPG13 also states that change of use of agricultural land will not be allowed if the existing dwelling already has a substantial garden area or if the land is required for extensions or additional buildings. Site Notice: Site notices expired 20.09.2013 Other Representations: 3 neighbouring occupiers notified. 5 representations received raising the following points: • The application covers two plots of land which are each shown as a single entity on Land Registry plans. These plots were maintained separately by the previous land owner; • The land in question is Grade 2 agricultural land. Policy EC2 of the Wrexham UDP states such land should not be irreversibly lost to such development; • The land is within Green Barrier and Special Landscape Area as defined by Page No 4 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 policies EC1 and EC5 of the Wrexham UDP; • The use of the land as a garden extension does not accord with LPG13 due to its scale; • The only access to Holmwood is over third party land where the occupiers only have a right to pass and re-pass; • The granting of this planning application could set a precedent for land creep; • The scale of the built development would clearly be overbearing and out of scale with the existing dwelling and would not be subsidiary contrary to LPG13 guidance; • Suggestion that conditions to control further permitted development of the land and control over construction times should be imposed if development is approved; • The proposal will result in a precedent being set for ‘land creep’ and pressure to allow further such development in the open countryside will occur as a result; • The proposal will result in the irreversible loss of quality agricultural land; • The proposed extension represents a change from a traditional rural cottage to a modern executive style house and extends the floor area by more than 100%; • The proposal will result in a large increase in the plot size to facilitate the built development and is contrary to LPG13 as is the need to increase the curtilage to facilitate built development which will almost all be on agricultural land; • Various questions on the amended planning application form have incorrectly been answered. These relate to the presence of trees on site, the access arrangements and vehicle parking provision; • The layout of new window openings will significantly reduce the privacy enjoyed by the occupiers of the neighbouring Page No 5 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 dwelling (Ty Newydd). The Council should seek amendments to address this; • Wrexham’s guidelines state that extensions should be clearly subsidiary to the original dwelling and not be more than a third increase in floor area. This proposal seeks to extend in excess of 100% clearly in excess of guidance; • Suggestion that conditions to control further permitted development of the land and control over construction times should be imposed if development is approved; • Development of neighbouring plots has respected existing boundaries and has not resulted in encroachment in the open countryside; • Planning permission should not be granted without having full regard to the owners intentions to change the use of the land with the intention of carrying out built development on the land; • Attempts to redraw the boundary of the property have been underway since 2007/8 when the existing boundary was removed; • Significant concern that specialist evaluation of the loss of the Grade 2 agricultural land has not been requested. This thinking by the LPA is fundamentally flawed as once changed the agricultural land will be lost for ever; • Concerns raised that the site has not been adequately assessed by a Planning Officer and the points raised in representations have been misunderstood and the relevant local and national planning policies are not being applied correctly; and • The re erected site notice following a change of description was placed within private grounds – not appreciating the extent of the neighbouring private grounds. Page No 6 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 4 November 2013 SPECIAL CONSIDERATIONS/ISSUES Background: This planning application was submitted as a householder proposal for the extension to the existing dwelling. However, upon visiting the site and having considered the planning history it was noted that an encroachment of the residential curtilage had occurred into the adjoining agricultural land. The application was therefore amended to include this retrospective element as part of the proposal and a subsequent reconsultation exercise carried out. The applicant is currently in the process of carrying out works to an existing barn structure to the northern boundary of the site and to erect an additional outbuilding. The works generally consist of a significant amount repair and alterations to the building to facilitate a use incidental to the enjoyment of the existing dwelling house. These works have been monitored by the planning department and at this time, they are considered to be permitted development. The planning department will continue to monitor the situation as works continue. Policy: The entire application site is located within an area designated as Green Barrier and Special Landscape Area. The determining factors in this case are whether to allow the proposal would have a detrimental impact upon the special landscape character of the area or erode the openness of the countryside location in view of the principles of ensuring against the coalescence of settlements and protecting the setting of village boundaries. There is specific guidance in LPG13 which relates to garden extensions and the extension of dwellings in the open countryside. There is a presumption against garden extensions where there is an existing generous curtilage or where the extension is required to facilitate built development. There is also a presumption against extensions to dwellings houses where they exceed 1/3 of the existing floor area. However LPG13 does confirm that exemptions over the 1/3 limit may be justified where the existing dwelling does not meet modern day living standards or where a higher standard of design, in keeping with the exiting dwelling can be achieved. Also it must be noted that recent changes to ‘permitted development’ limits will allow some properties to extend by a size greater than a third, without any need for permission.