report to: planning committee report no. - …moderngov.wrexham.gov.uk/documents/s3650/dc report...

REPORT TO:

Planning Committee

REPORT NO.

HCWD/29/15

DATE:

7 September 2015

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.

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 September 2015

Community Code No Applicant Recommendation Pages WRO

P/2014 /0193

VISTA HEALTH CARE MS SARAH MANN

GRANT

44 – 47

RUA

P/2015 /0178

CASTLEMEAD GROUP LTD GRANT

48 – 65

WRO

P/2015 /0353

MR L CHELDA GRANT

66 – 73

MIN

P/2015 /0377

P N & J A TOMLINSON GRANT

74 – 85

CEF

P/2015 /0426

MR & MRS WAYNE & AMANDA SLAWSON

GRANT

86 – 89

BRO

P/2015 /0429

MR GODFREY WILLIAMS GRANT

90 – 94

BRY

P/2015 /0433

MR GEOFF SMITH REFUSE

95 – 97

WRO

P/2015 /0446

MR SAM LEESE GRANT

98 – 101

OVE

P/2015 /0450

DR R GRANT AND MR W CARNELL

GRANT

102 – 104

PEN

P/2015 /0452

MRS CHRISTINE MATHEWS-SHEEN

GRANT

105 – 108

CEF

P/2015 /0461

MR NEJMETTIN KAYA GRANT

109 – 113

BRO

P/2015 /0470

MR IAN BORMAN GRANT

114 – 117

HOL

P/2015 /0475

MR PHILIPPE KALKWARI GRANT

118 - 123

GRE

P/2015 /0490

MR SIMON PRITCHARD GRANT

124 – 127

LLA

P/2015 /0491

MR JOHN THOMAS GRANT

128 – 134

RHO

P/2015 /0501

MR & MRS S & C MCAULEY GRANT

135 – 140

RHO

P/2015 /0502

MR & MRS S & C MCAULEY GRANT

141 – 147

GLY

P/2015 /0513

E & J MORRIS REFUSE

148 – 155

MIN

P/2015 /0553

MR LEE DAVIES GRANT

156 – 159

CEF

P/2015 /0576

WREXHAM COUNTY BOROUGH COUNCIL MR A LEWIS

GRANT

160 – 165

WRC

P/2015 /0577


GRANT

166 – 174

WRC

P/2015 /0579


GRANT

175 – 182


RHO

P/2015 /0592

MR PETER NICHOLLS GRANT

183 – 187

GWE

P/2015 /0594

MR P DEROSA GRANT

188 – 191

Total Number of Applications Included in Report: 24

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.


APPLICATION NO: P/2014 /0193 COMMUNITY: Offa WARD: Offa

LOCATION: FAIRHOME 1 AND 3 FAIRY ROAD WREXHAM LL13 7PR DESCRIPTION: COPPICE TO GROUND LEVEL 1 HORSE CHESTNUT (T1), SIDE PRUNE BACK FROM ROAD UP TO 1 METRE TO A HEIGHT OF 5.2 METRES FROM 1 CEDAR (T2), FELL 1 ASH (T3), PRUNE BACK 4 BRACHNES GROWING TOWARDS CHIMNEY STACK BY UP TO 2 METRES FROM 1 ASH (T4) AND FELL 1 SILVER BIRCH (T5) TREES PROTECTED BY THE FAIRY ROAD CONSERVATION AREA APPLICANT(S) NAME: MS SARAH MANN VISTA HEALTH CARE

DATE RECEIVED: 25/03/2014 CASE OFFICER: MS AGENT NAME: VISTA HEALTH CARE MS SARAH MANN

______________________________________________________________ THE SITE Fairhome, 1 & 3 Fairy Road, Wrexham.


PROPOSAL As above. HISTORY None. DEVELOPMENT PLAN The site is within the settlement limit. CONSULTATIONS Offa Community Council: Strongly object to the removal of the trees as they

have an important aesthetic value in the conservation area. There is no objection to the pruning back of those trees overhanging the road subject to the recommendations of the Arboricultural Officer.

Local Member: No Comments. Site Notice: Expired 23 April 2014. Neighbours: 13 adjoining neighbours notified. 2 responses

received: Concerns arise from the dangerous trees hanging

over the premises of 2/4 Belmont Road, including

T1

T2

T4

T3


those to which we have repeatedly alerted to you as the local authority. Concerned that the notice as drafted may not allow sufficient of the overhanging trees to avoid damage and be removed to ensure adequate safety.

We as a family are in full agreement with this application, and have no objections whatsoever for this work to go ahead accordingly.

SPECIAL CONSIDERATIONS This conservation area notification has been amended by exchange of emails to retain the horse chestnut (T1 on the plan) and instead prune it to clear the overhead lines to achieve a clearance of up to 0.3m. In addition the plan has been amended to correctly plot the trees. Due to these changes the validation date for the notification is 10 July 2015. The revised proposal now comprises of carrying out minor pruning to a semi mature horse chestnut (T1) and a cedar (T2) which are situated along the road frontage. This is to achieve clearance from overhead lines and the highway respectively. An ash (T3) proposed for removal is a semi-mature specimen situated in the eastern corner of the garden at the base of the brick boundary wall. The tree is most likely to have seeded itself, rather than being planted, and it appears that the roots are cracking and slightly deforming the wall. As a result of a much larger ash in an adjacent property the ash (T3) has a cranked stem and a crown heavily biased toward the south and west. Due to the tree’s poor form and adjacent dominant ash the amenity afforded by T3 is very limited. To the rear of Fairhome there is a mature ash (T4) with a height +-16m and crown spread +-8m. The crown contains branches that are growing close to the dwelling’s chimney and it is proposed to prune four of them to give up to 2m clearance around the chimney stack. This work will not be detrimental to the tree’s amenity. Adjacent to the mature ash (T4), to the other side of the boundary wall, a mature silver birch (T5) is situated in the grounds of Belmont Hotel. The silver birch is +-11m in height but is without an upright stem and has a crown that is heavily biased towards to the rear of Fairhome. The form, modest height, proximity to the large ash (T4) and location means that the amenity afforded by the silver birch (T3) is minimal. Taking into account the above factors it is not considered necessary to make a Tree Preservation Order to prevent any of the proposed works from being implemented and it is recommended that no objection is made to the conservation area notification.


As the proposed tree work comprises of a notification under Section 211 of the Town and Country Planning Act 1990 a planning condition requiring replacement of the two trees felled cannot be made. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The work shall be completed within 24 months of the date of consent unless the Local Planning Authority agrees to an extension of this period in writing. REASON(S) 1. To ensure the work is carried out within a reasonable period. NOTE(S) TO APPLICANT For the avoidance of doubt this consent does not give you, or a contractor, a right of access onto your neighbour's land to carry out the work specified. ______________________________________________________________


APPLICATION NO: P/2015 /0178 COMMUNITY: Ruabon WARD: Penycae & Ruabon South

LOCATION: LAND AT PONT ADAM CRESCENT RUABON WREXHAM LL14 6EG DESCRIPTION: APPLICATION FOR OUTLINE PLANNING PERMISSION WITH ALL MATTERS EXCEPT ACCESS RESERVED, TO ALLOW ERECTION OF 19 DWELLINGS APPLICANT(S) NAME: CASTLEMEAD GROUP LTD

DATE RECEIVED: 09/03/2015 CASE OFFICER: MP AGENT NAME: NIGEL THORNS PLANNING CONSULTANCY

______________________________________________________________ P/2015/0178 THE SITE

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

Application site

Green Barrier

Offa’s Dyke

Wynnstay Technology Park


WRDC/7940 Erection of 24 houses and 7 bungalows and construction of new estate road. Refused 3.4.73. Appeal dismissed 11.9.74 P/2002/0039 Outline application for residential development (9 single storey dwellings) & construction of new vehicular & pedestrian access. Refused 8.3.2002. P/2014/0241 Outline application for the erection of 49 dwellings including vehicular and pedestrian access. Refused 1.9.2014. Appeal dismissed DEVELOPMENT PLAN Outside of settlement limit, within Green Barrier. Policies PS1, PS2, GDP1, GDP2, EC1, EC2, EC4, EC6, H5, CLF5 and T8 apply. CONSULTATIONS Community Council: Consulted on initial submission on 12.3.15. Consulted on the amended plans on 12.8.15. The Community Council objected in the strongest

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


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


There is concern about the proposed density of development and whilst this is an outline application, any commitment to the numbers specified is unacceptable unless a satisfactory density and layout can be proved. We trust that the application will be refused. In the event that the application is to be reported to Committee, we would ask to be notified in advance so that we can consider making oral representations to the Members.

Local Member: Requests application is reported to committee. Notified about the submission of amended plans on 12.8.15.

Public Protection: Recommends conditions and notes in respect of construction impacts. Recommend condition in respect of noise impact assessment.

Highways: Have made the following comments: Pont Adam Crescent is considered to be of suitable design

and layout to accommodate the traffic this proposal will generate;

The B5097 Pont Adam and B5097 Church Street are of substandard width and provide very little protection for pedestrians.

Given the serious safety issues on the surrounding road network it is considered to be at capacity. Any further increases in traffic are likely to cause a detriment to highway safety. A significant increase in vehicular numbers raises serious concerns;

A previous application (P/2014/0241) was refused by planning committee on highway safety grounds and was subject of a recent appeal which was dismissed; The Inspector concluded that the erection of 49 dwellings would give rise to a 12.5% increase in traffic generation along Pont Adam which he deemed to be significant. Although he did not identify a level at which an increase would be significant, previous appeals have indicated a figure of 5%; Based on the Inspector’s assessment of TRICS data, a development of 19 dwellings would give rise to a less than 5% traffic generation on the B5097. I cannot therefore justify a refusal on highway safety grounds. Conditions recommended.

CPAT: No objection. Welsh Water: Recommend drainage conditions. Dee Valley Water: Formal easements will be required for the 200mm diameter

main along the southern boundary of the site. There is a 4” AC main in the extreme north western corner that may cut accords the plot of the property to the right of the current turning head. If the main were to remain where it is, a tree should not be planted over it and an easement may be required.

Education: Following alterations at Maes y Llan School capacity has increased and this development can be accommodated.


Contributions towards secondary school provision are required

NRW: Have made the following comments: Flood Risk Prior to the grant of planning permission, further ground investigation works are required to map the suitability of the entire site for soakaway drainage. Protected Species We consider that the ecological survey and assessment that supports the planning application to have been carried out to a satisfactory standard; We consider the surveys and assessments in respect of bats to be satisfactory and concur with the conclusions of the assessments; NRW does not consider that the proposal will affect the maintenance of the favourable conservation status of any bat populations at this local locality; We would welcome implementation of the proposed recommendations in respect of bats. We consider the assessment in respect of amphibians including the European protected great crested newt to be satisfactory and conclude with the conclusions of the assessment in respect of amphibians; The proposal will not affect the favourable conservation status of any statutory protected amphibian species. Biosecurity Given the size and location of the proposal, we advise the inclusion of a condition requiring the approval of a biosecurity risk assessment prior to the commencement of development. Conclusion NRW does not object to the proposed development but recommends that our advice in relation to surface water is taken into consideration prior to determining the planning application and that condition in respect to protected species are included as part of any planning consent given for the development. Wales and West Utilities: No objection but our apparatus may be at risk

during construction. Should the application be approved the promotor of the works should contact us to discuss our requirements.

Site Notices: Expired 7.4.15 Press Notice: Expired 10.4.15 Ysgol Rhiwabon: The Headteacher has made the following comments: Whilst additional accommodation in the Ruabon

area is welcomed, we are keen to understand the implications for the safety of our students, many of whom walk to and from school along the local roads highlighted in the planning documents;

In particular, the main road B5097 between Penycae and Ruabon village suffers from a lack of footpaths and passing spaces which makes


pedestrians, students and vehicles a difficult combination; The school would welcome a full review of footpaths, crossing points and general road safety to ensure the students are not further endangered given the potential increase in traffic that this development will bring. Neighbours: The owners/occupiers of 24 properties notified on 18.3.15. The same owners/occupiers were notified about the submission of amended plans on 12.8.15 and 64 representations received to the initial publicity period objecting to the application for the following reasons: Roads unable to cope with additional traffic; Traffic congestion; Highway safety Pedestrian safety; Parking problems; Risk to safety of children and elderly from additional traffic; Impact of traffic, noise and dust during construction; Capacity of sewer system, schools, doctors surgery and dentist to cater for increase in demand;

Pedestrian access onto Llangollen Road will be dangerous; The development will not be in keeping with the existing estate; Detrimental effect on the outlook from existing properties; Developers are only interested in their bank balance and disregard the misery they inflict on the community; Loss of a green meadow; Loss of green space; Loss of wildlife Loss of trees; Decrease the value of existing properties; Loss of land used regularly for recreation; Loss of privacy Harm the right to enjoy a quiet and safe residential environment; The development would harm the character of the area; New houses are being built in Acrefair. Surely this should suffice; Surely there are brown field sites or less hazardous areas where houses could be built;


Houses are being built by the library and 300+ houses are proposed by the A539; Noise, dust and pollution from traffic; Additional cars will be abandoned on the road during winter;

Reduction in the number of houses does not overcome objections to the previous application;

Increased risk of damage to cars parked on the road;

No need for the houses; Proposed footpaths are unlikely to be utilised; The village community is being destroyed as

Johnstown and Rhosymedre become closer; Many older residents purchased their properties

and thought the land would not be built on; Plenty of land available in Cheshire and Shropshire

for building houses. That is where the demand is coming from not Wrexham;

Want to live in a village not a small town; Question the findings of the transport assessment; Previous applications refused – does this not stand

for anything; The site is outside of the village boundaries; 2 objections received to the amended plans

expressing the following concerns: Highway safety/roads unable to safely cater for

additional traffic; Impact upon local services, such as the local

doctor’s surgery; Local schools are full to capacity; Original objections remain; The area is Greenbelt/landscaped; The Inspector rejected the application because of

problems with traffic on Church Street and Pont Adam. The problem will still be there with the new application.

SPECIAL CONSIDERATIONS Background: Members will recall that an outline application (reference P/2014/0241) for the erection of 49 dwellings on this site was reported to them in September 2014 and was refused for highway safety reasons. The subsequent appeal was also dismissed for highway safety reasons. This application was submitted before the appeal against the previous refusal was dismissed and initially proposed the erection of 36 dwellings. The applicant subsequently requested that determination be delayed until the appeal decision had been issued. In light of the appeal decision the application has been amended and the number of proposed dwellings reduced to 19.


Policy: The proposals do not accord with any of the circumstances set out in policy H5 that permit small scale residential development on sites outside of settlement limits. In addition to lying outside of the settlement limit for Ruabon, the site lies within a Green Barrier and the development will lead to the irreversible loss of land which has an Agricultural Land Classification of 3a, thus the proposals conflict with policies EC1 and EC2. Ordinarily I would recommend planning permission be refused on the grounds that proposals represent a very clear departure from UDP policies. However the Council is only required to determine planning applications in accordance with an adopted development plan unless material considerations indicate otherwise. Since the UDP was adopted in 2005 there have been some significant changes in circumstances. It is also necessary to take account of the Inspector’s conclusions in respect of the recent appeal. These will be discussed in more detail below. Housing Land Supply: Policy Wales (paragraph 9.2.3) requires Local Planning Authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing. Members will be aware that the most recently published Joint Housing Land Availability Study (JHLAS) (2014) found that Wrexham has a housing land supply of 3.1 years. Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies (2015) advises that the results of the JHLAS should be treated as a material consideration when determining planning applications for housing. However it also advises that where a local planning authority does not have an adopted Local Development Plan or where an adopted UDP is outside of the plan period, they will not be able to produce a JHLAS and therefore will not be able to demonstrate whether they have a 5 year housing land supply or not. In effect they will have a housing land supply of 0. Given that the UDP plan period expired in 2011, Wrexham is now unable to complete a new JHLAS and cannot demonstrate whether it has a 5 year housing land supply. Even so in light of the most recent JHLAS it is clear that there is a need to significantly increase the supply of land available for housing. Where the JHLAS shows a land supply below the 5 year requirement or where, as in the case of Wrexham, a local planning authority is unable to undertake a JHLAS, TAN1 (paragraph 6.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with


development plan and national planning policies. Planning Policy Wales includes a presumption in favour of sustainable development. Between March and April 2015 the Council consulted on the LDP Vision, Objectives and strategic Growth and Spatial Options. This set out the County Borough’s housing requirements over the LDP period (2013-2028) and also demonstrated that the majority of new houses will be built on Greenfield sites. Wrexham’s future housing requirements can therefore not be met without the release of sites for development that lie outside of existing UDP settlement limits. In addition to the above, the Council will have to be able to demonstrate that it has a 5 year housing land supply when the LDP is adopted and therefore it is essential that deliverable sites continue to be brought forward for development between now and LDP adoption. Loss of Green Barrier: The UDP designation of Green Barriers is consistent with the Green Wedges referred to in Planning Policy Wales. Planning Policy Wales advises that inappropriate development should not be permitted within Green Wedges. The construction of new buildings is inappropriate development unless it is for the following purposes: justified rural enterprise needs; essential facilities for outdoor sport and outdoor recreation, cemeteries, and other uses of land which maintain the openness of the green wedge and which do not conflict with the purpose of including land within it; limited extension, alteration or replacement of existing dwellings; limited infilling (in those settlements and other development sites which have been identified for limited infilling in the development plan) and affordable housing for local needs under development plan policies; or small scale diversification within farm complexes where this is run as part of the farm business. None of the above applies to the site. The development is therefore inappropriate development. The development will narrow the amount of undeveloped land currently separating Ruabon from the Wynnstay Technology Park to the south-west. However an open parcel of land on the opposite side of the A539 Llangollen Road, Offa’s Dyke and the substantial landscaped grounds of the property Tir Y Fron to the west will ensure that a clear visual break will remain between Ruabon and Plas Madoc. The indicative site plan also demonstrates it will be possible to retain the trees adjacent to the site boundary with the A539 Llangollen Road to help reinforce the visual break. The site is bounded to the south by the A539 Llangollen Road, to the south east by the Shrewsbury – Chester railway line, to the north and west by existing residential development and to the east by a play area. The development of the site will therefore not result in an intrusion of urban


development into a rural setting and represents a logical addition to an established built up area. Whilst the Inspector dismissed the appeal against the Council’s refusal of the previous application he nevertheless concluded that in light of the urgent need to increase the housing land supply there were very exceptional circumstances to outweigh Green Barrier objections in this instance. In my opinion if it were not for highway safety concerns the appeal would have therefore been allowed. Loss of Agricultural Land: Grade 3a agricultural land is considered to be amongst the best and most versatile land and should only be developed where there is an overriding need for development. The lack of a 5 year housing land supply does, in this instance, mean that there is a need for the development. However this must also be weighed against the impact of the loss of agricultural land. The land is currently not in agricultural production and does not appear to have been so for a considerable period time. The site is not adjoined by or easily accessed from other agricultural land. Indeed it is effectively landlocked by existing development and transport infrastructure. Therefore notwithstanding it’s classification in practical terms the land is unlikely to prove to be particularly attractive to a rural business. Accordingly the benefits of delivering additional housing land outweigh the harm resulting from the loss of Grade 3a agricultural land in this instance. The Inspector also concluded that the loss of Grade 3a agricultural land to fulfil a pressing housing need would not be unacceptable. Highways: The roads within the existing Pont Adam housing estate are suitable in terms of width and layout to accommodate the traffic generated by the development. Subject to the replacement of an existing pedestrian guardrail (to be secured by condition) visibility at the junction of Pont Adam Crescent and the B5097 will also be adequate. The proposed site accesses will comprise of a 5 metre wide estate road and, based on the indicative layout plan, four private driveways to serve individual properties. These provide for a safe means of access to the development. The B5097 Pont Adam/Church Street is narrow with some sections being a little as 3.5 metres wide. There are also lengthy sections of the road without any dedicated pedestrian provision. The Planning Inspector concluded that the proposals to erect 49 dwellings would increase traffic along Pont Adam and Church Street by 12.5%, which he considered significant and prejudicial to highway safety. The erection of 19 dwellings will result in an increase in traffic along the B5097 by less than 5%. Traffic increases of less than 5% are generally not considered significant and in light of this and the fact that Highways raise no objections I am satisfied the development is unlikely to significantly reduce pedestrian or highway safety along the B5097. Concerns regarding


construction traffic can be managed via a Construction Environment Management Plan, which will be secured by condition. The indicative plans show that it will be possible to provide each dwelling with adequate off street parking. Loss of open space/recreation area: Whilst objectors have expressed concern about the loss of a site some regards as recreation land, the application site is not listed as public open space in the Council’s 2009 Public Open Space survey and as such is not afforded any specific protection under policy CLF4. The site is also privately owned and therefore any access to or use of it by local residents has been at the discretion of the current or previous landowners. The owners of the site could choose to prevent access to it irrespective of the whether it is developed. Deliverability: For sites to contribute towards the 5 year housing land supply, sites must be free, or readily freed, from planning, physical and ownership constraints, and economically feasible for development. Planning constraints The proposals conflict with a number of UDP policies however as already discussed above the lack of a 5 year land supply is a significant material consideration in favour of the site being developed. I am satisfied that the need to increase housing land supply is an exceptional circumstance that warrants departing from UDP policies in this instance. There are no other planning constraints to the development of the site. Physical constraints The site slopes downwards from both west to east and from north to south with gradients that are on average around 1 in 10. This will not present a significant constraint to development of the site. Ownership constraints I am unaware of any ownership issues that would prevent the site from being developed. Economic viability I have no reason to believe that the development is unviable. Design: The indicative layout plan demonstrates that the site can accommodate 19 dwellings with spacious private gardens, adequate off-street parking and public open space. The development will have a comparatively low density (around 12 dwellings per hectare) which is broadly comparable to the density of development within the rest of the Pont Adam Crescent estate.


The indicative plan suggests the development will comprise a mix of two storey dwellings and bungalows – the latter fronting onto Pont Adam Crescent. It also demonstrates that an acceptable form of development is achievable with regards to layout, private garden provision, off-street parking provision and the retention of the majority of the mature trees within the site. I am also satisfied that it will be possible to develop the site without adversely impacting upon the occupiers of existing properties in Pont Adam Crescent by way of loss of light, privacy and without proving visually overbearing. Noise: Due to the proximity of the site to the A539 Llangollen Road and the Shrewsbury to Chester railway line the dwellings built near to the south and south eastern boundaries of the site will need to incorporate acoustic mitigation including a higher specification of glazing than would normally be installed. An acoustic mitigation scheme will be required by condition. Concerns regarding construction noise and can be managed via the Construction Environment Management Plan that will be secured by condition Ecology: The site has been subject to an ecological appraisal that concludes the site as a whole is of limited ecological value as well as specific assessment in respect of bats and Great Crested Newts. The reports make a number of recommendations to minimise the impact of the development and these will be required by condition. Subject to the implementation of mitigation measures and in light of NRW’s advice I am satisfied the development of the site will not have a detrimental impact upon the favourable conservation status of protected species Drainage: Welsh Water has not expressed any concerns about the capacity of the local sewerage system. Whilst NRW have requested further assessments, the preliminary drainage strategy that has been submitted demonstrates that soak way/infiltration drainage systems can be used on this site. There are recommendations for further assessments to be carried out within the strategy itself however I am of the opinion these are primarily necessary to inform the final layout and design of the development. I am satisfied that there is sufficient scope for the site to be designed to incorporate adequate means of surface water drainage. A detailed drainage scheme will be required by condition. Community Infrastructure: The potential impact upon community infrastructure is a concern that has been raised by the Community Council and local residents. Education have advised that there is adequate local primary school capacity to accommodate children from the development. They have however advised that contributions towards secondary school provision are required. Since April 2015 the Community Infrastructure Levy Regulations prohibit Councils from seeking further contributions via a planning obligation where there are already 5 or more obligations that also secure contributions towards


the same infrastructure project. There are currently already more than 5 obligations in place that seek contributions towards Ysgol Rhiwabon. Despite the consultation response received from Education, based on information presented him during the planning appeal hearing in respect of application P/2014/0241 the Planning Inspector concluded that there was no evidence of capacity issues at Ysgol Rhiwabon. Accordingly the inability of the Council to seek contributions in light of the Community Infrastructure Levy Regulations was not considered to be a reason to justify dismissing the appeal. The proposed 19 dwellings will generate far less demand for school places than the 49 dwellings previously proposed (4 pupils of secondary school age compared to 10). In light of the Community Infrastructure Levy Regulations and the Inspector’s conclusions, the Council cannot pursue a planning obligation for contributions towards secondary education provision in this particular case but the inability to do so is not a valid reason to refuse planning permission. There is no UDP policy or Local Planning Guidance Notes that impose a requirement for developers to provide or make contribution towards health care facilities. Unilateral Undertaking: The applicant has submitted a signed Unilateral Undertaking pursuant to Section 106 of the Town and Country Planning Act 1990 that provides for the future management and maintenance of the on-site public open space. I am satisfied that it makes adequate provision for this and also demonstrates a clear intent to bring the site forward for development. The obligation comes into effect upon the granting of planning permission and accordingly there is no requirement for me to recommend that the granting of planning permission be subject to the prior completion of a planning obligation. Other Matters: There is no right of a view over private land therefore it would be unreasonable to refuse permission for the development on the grounds that it will impede views currently enjoyed by local residents. CONCLUSION Whilst representing a departure from UDP policies PS1 and EC1 in light of the significant need to increase the supply of housing land in the County Borough there are exceptional circumstances to warrant granted planning permission in this particular case. The site is in a sustainable location and acceptable form of development is achievable without prejudice to the amenity of adjacent occupiers, the appearance of the locality, ecology or highway safety so accords with UDP policies GDP1, EC6, CLF5 and T8.


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 layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 5. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall:


i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 6. Development shall not commence until a scheme of visibility improvements for the junction of Pont Adam Crescent and the B5097 has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the scheme has been implemented in full. 7. Development shall not commence until the following have been submitted to and approved in writing by the Local Planning Authority: i) full details of specification, number and location of the bat boxes referred to in Section 5 of the Cheshire Ecology Ltd Preliminary Bat Survey Report, to include a timetable for the provision of the bat boxes; and ii) A Biosecurity Risk Assessment Bat boxes shall thereafter be provided in strict accordance with the details as approved. 8. Development shall not commence until a scheme of noise mitigation has been submitted to and approved in writing by the Local Planning Authority. Each dwelling requiring noise mitigation shall not be occupied until the mitigation measures as approved have been implemented. 9. No part of the development shall commence until full details of the layout, design, drainage and construction of the proposed new footpath along Pont Adam Crescent and the 5.5m access road 1, as shown on approved drawing no. CGL.3/TMJ-06 Revision D, have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the footpath has been constructed along the full length of the site frontage with Pont Adam Crescent in accordance with the details as approved and no dwelling accessed via the 5.5m access road 1 shall be occupied until it has been constructed in accordance with the details as approved. 10. No part of the development shall commence until a Construction Environment Management Plan has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter only take place in accordance with the Construction Environment Management Plan as approved. 11. No street lighting shall be installed on any part of the site until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details demonstrating how the street lighting has been sited and designed so as to minimise the potential impact upon bat species. Street lighting shall thereafter only be installed in accordance with the scheme as approved. 12. The submissions made in respect of condition 01 shall include details of the location and layout of off-street vehicular parking and turning area(s) for each dwelling. No dwelling shall be occupied until vehicular parking and turning area(s) for that dwelling has been be laid out, surfaced and drained in


strict accordance with the details as are subsequently approved. The parking and turning area(s) shall thereafter permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 13. The site layout and landscaping details required by condition 01 shall include an area or areas of public open space together with a scheme that includes the following details: i) hard and soft landscaping of the open space area(s); ii) the timing of the construction and landscaping of the open space area(s); Public open space shall be provided on site in accordance with the scheme as approved and thereafter permanently retained 14. Prior to first use the vehicular access onto 5.5 m access road 1 as shown on approved drawing no. CGL.3/TMJ-06 Revision D, visibility splays of 2.4 metres x 43 metres shall be provided in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 15. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 16. This permission allows for a maximum of 19 dwellings to be built on the site. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. In the interests of highway safety. 7. In order to protect wildlife interests, which are afforded special protection. 8. In the interests of ensuring the amenity of future occupiers of the development. 9. In the interests of highway safety. 10. In the interests of highway safety, to protect the amenities of the occupiers of nearby properties and to ensure that works take place without adversely impacting upon breeding birds. 11. In order to protect wildlife interests, which are afforded special protection.


12. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 13. In the interests of the appearance of the development and the standard of amenity afforded to future occupiers. 14. To ensure that adequate visibility is provided at the proposed point of access to the highway. 15. In the interests of highway safety. 16. In the interests of highway safety. NOTE(S) TO APPLICANT The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-


influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


APPLICATION NO: P/2015 /0353 COMMUNITY: Offa WARD: Offa

LOCATION: FORMER CAR REPAIR GARAGE 38 PENYBRYN WREXHAM LL13 7HY DESCRIPTION: CHANGE OF USE OF EXISTING CAR REPAIR GARAGE TO RETAIL UNIT (CLASS A1) AND EXTERNAL ALTERATIONS AND PARKING AREAS APPLICANT(S) NAME: MR L CHELDA

DATE RECEIVED: 14/05/2015 CASE OFFICER: PF AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD

______________________________________________________________ THE SITE

PROPOSAL Planning permission is sought to change the use of the existing vacant building from a car repair place (B2 – General industrial) to a retail unit (A1). As part of the proposal, minor alterations are proposed to alter the openings to the front elevation of the building as well as remove part of an existing store to the rear of the building.

Building subject to proposal Building subject to partial demolition

Approved and implemented flats


HISTORY 6253 Extension, alterations and improvements to existing premises.

Granted 17.4.1980 12308 Redevelopment of site with car wash and petrol shop, part

demolition of existing buildings and new canopy over petrol pump. Refused 6.10.1986

P/2001/0849 Alteration to existing service centre. Granted 28.11.2001 P/2004/0440 Outline application for the erection of 9 No. apartments with

associated parking and alteration to existing vehicular access. Granted 05.07.2004

P/2006/1229 Erection of 9 no. apartments with associated parking and alterations to existing vehicular and pedestrian access. Pending Consideration subject to a s.106.

DEVELOPMENT PLAN The site is within settlement. Policies PS2, GDP1, H13, S5 and T8 are relevant. Supplementary guidance is contained in Local Planning Guidance Note 16 – Parking Standards and The Bridge Street Development Brief. CONSULTATIONS Community Council: Whilst the Community Council raises no objection

providing sufficient car parking is provided it wishes to make the following additional comments:

Members have expressed disappointment that the proposals to retain the building as at present is a missed opportunity to redevelop the site as intended and does not comply with the planning brief for the area.

Local Member: See below *. Site Notice: Expired 24.06.2015 Highways: No objections but conditions required. Public Protection: No objection. Air handling equipment and land

contamination condition required. Advise delivery time restriction may be required if appropriate.

NRW: No response due to work load prioritisation. Neighbouring Occupiers: 62 neighbouring occupiers notified. 2 responses

received raising the following points: The erection of a supermarket in this area would

greatly impact upon local, family owned stores that have served the community for decades;

Access to bins by drug addicts and homeless people may cause detriment to the area;

The proposal may have an impact upon the traffic congestion in the area. There is already too much traffic in the area;


The construction phase will cause disturbance to the

area. * Local Member comments (summarised): It is quite clear from previous planning applications which include the site in question and the neighbouring site, the Brook Street regeneration Strategy and the Planning brief that the garage site should be jointly redeveloped with the former Sports Connection site to form a comprehensive integrated housing development around the corner of Tenters Square. This was reflected in the plans submitted and the detail secured by the design of the existing flats to allow a comprehensive development to occur and an archway to provide shared parking provision for the entire site; The arched entrance was in fact provided as part of the Phase 2 development, but is blocked by the sidewall of the building to the rear of the Garage. It is proposed that this building is to be demolished as part of the current application, to form 3 staff parking places and a storage building servicing the existing Garage building which would be refurbished as the Convenience Store ‐ this to be accessed from Tenters Square. However, the arch through the apartment block is not part of the adopted highway, so there is a question as to whether it is available to access the rear of the Convenience store; Now the garage building is no longer required, the opportunity arises to redevelop the Tenters Square area as the predominantly residential community envisaged in the Bridge Street Regeneration Area Strategy and the Planning Brief, by the removal of this unneighbourly use and industrial building. The current application therefore needs to be resisted; Even with new cladding, the building will still have the appearance of an industrial building, contrary to the intentions of the regeneration plan and the development brief; Penybryn is a busy main route, St Mary’s Catholic Primary School is accessed from Tenters Square, and many of its pupils cross the busy main road from the Hightown direction. Many pupils cross the road in the opposite direction, to St Giles Primary School and to St Joseph’s Secondary School. A School Crossing Patrol operates near the junction with Tenters Square, one of the busiest in the County Borough. With the absence of parking facilities near the school, Tenters Square is very busy especially at school start and finish times, and yellow Road Traffic Order restrictions are ignored as a result, adding to the dangers. A retail unit is likely to generate more vehicle movements than the former garage site, and with two entrance/exit points ‐ one directly onto Penybryn and the other onto Tenters Square, this will add to the congestion and to the dangers to school children. At a recent meeting with Officers to look at the dangers to pupils at St Mary’s School, Highways Officers expressed serious concerns that the current proposals for the Halfords site would make matters worse for the safety of pupils. Further, because of the shortage of parking facilities for dropping off pupils, it is likely that many parents will see the parking area in front of the retail unit as a convenient facility, to the detriment of the store; The backs of the apartments along Tenters Square are but a small distance from the area proposed for the staff car parking and for the accessing the storage unit ‐ less than our stated acceptable separation distances. Whereas


previously, this area behind the garage was an enclosed building, which would have contained excessive noise, the new proposed area is open and is likely to cause disturbance to residents. Despite the additional noise insulation that was incorporated at the time of building, open windows will not prevent noise generated to the rear of the retail unit from causing a considerable nuisance to the residents; and Having been the subject of much criticism over recent years because of its rundown appearance and lack of investment, Penybryn is about to start its long awaited transformation, with the redevelopment of the site on the opposite corner of Tenters Square appearing imminent, and other improvements having already been undertaken or under consideration. There is at present the rare opportunity to remove an unneighbourly use and building from this predominantly residential area, and to create new housing in an area which is so close to the town centre. It would be disappointing if the intentions of the Renewal Area Strategy and the Planning Brief could not now be fulfilled at this vital time. SPECIAL CONSIDERATIONS Background: The site, at present, is vacant. The last known occupier of the building, a motor repair place, vacated the premises in later 2014/early 2015. The planning history of the site confirms that the lawful use of the building is as a motor repair place which falls under a B2 General Industrial use. Outline planning permission was granted on this site in 2004 for residential development. Separate planning permissions were granted around the same time for residential development consisting of two blocks of flats on the land immediately adjacent to the north and west. This development has been implemented and occupied. The site now in question, as well as the land to the north and west is within the boundary of the Bridge Street Development Brief. As such, the design of those flats incorporated features that would allow for the favourable redevelopment of the adjoining land, the aspiration of the Council being to secure a comprehensive development of both sites on this prominent corner of Tenters Square. In 2006 an application was submitted to the Council which demonstrated an appropriate scheme that could tie in to the existing flats and utilise those design features implemented such as an underpass to a shred parking area. A Section 106 agreement was required for payments in lieu of a shortfall in parking provision on the site. However, the applicant was not in control of the land in question and it is for this reason that the application effectively stalled. Whilst there is currently an arched access way to a small parking area which was intended as a larger parking area to serve any future development, access to the rear of the proposed retail unit is not proposed via this access. The applicant has not shown this on plan and does not indicate any control over this land to do so.


Policy: The site is located within the Wrexham town settlement limit and within a District Shopping Centre (DSC). The principle of the development as proposed is acceptable. Retail developments in the DSC are allowed provided they are appropriate in scale in relation to the function of the centre and are also of a type which will complement and enhance the existing centre. The site is also within the boundary of the adopted Bridge Street Development Brief and covered by UDP policy H13 (Bridge Street/Cambrian Yard Regeneration Area). The overall aim of this policy is to promote the regeneration of the wider area with a strategy and action plan. New development would be expected to be of a high standard of design resulting in high density housing within a well-designed, mixed use environment. The key issue for consideration is whether to allow the change of use of the building in question would prevent the redevelopment of the site to meet these aims and/or prevent the overall aims for the regeneration of Bridge Street. As mentioned earlier, the building is vacant. The Council are in a position to promote suitable alternative developments on the site, and, where alternative built development is proposed, ensure that this accords with the local policy requirements for the area to meet the overall development aspirations. However, in this instance there appears to be no market demand at present to redevelop the site and it is considered that this proposal would potentially open up opportunities for the building in the short to medium term to ensure occupancy in the interests of the amenity of the area. This change of use would not prevent future comprehensive redevelopment of the site (possibly to include adjacent sites) as and when market demand and the financial climate permits. The development is therefore considered to accord with policy GDP1 and the aims set out in H13 and the aforementioned Development Brief. Design and amenity: The proposed retail use would occur entirely within the existing building with minimal changes to the external fabric. The existing roller shutter door previously associated with the garage would be replaced with full glazing and a level entrance doorway. The plan indicates the provision of a sign which may need to be the subject of separate consent subject to its scale and position. The proposal also includes the demolition of temporary structures to the rear of the building which at present create a covered link to a detached storage building. This detached storage building would be retained with hardstanding utilised for staff parking and external storage. This area is not visible from public viewpoints. I am satisfied that the proposed use of the building for retail purposes will not result in any additional impact over and above the buildings lawful use as a motor repair place. It is further considered that to allow the use as proposed would result in a significant improvement for the neighbouring occupiers of the site given the less intensive nature of the use. I have considered the need to restrict the opening hours of the unit. There are currently no opening hour restrictions on the building. However, the nature of


the current use is such that standard daytime hours are likely to be in place. The applicant has not stipulated proposed hours in the application. However I consider that opening hours of 0700 to 2300 would strike a reasonable balance in this mixed use area. It should be noted that there are sound attenuation measures incorporated into the rear elevation of the adjacent flats. These were secured by the planning consent for those developments given the proximity to this commercial establishment. Highways: Highways raise no objections to the proposed development. 9 customer parking spaces are proposed to the frontage of the site. LPG16 would require a maximum of 24 spaces therefore this represents as shortfall of over 50%. I am satisfied that a shortfall can be justified in this town centre location. The current lawful use of the building would also generate a maximum parking demand of 7 spaces, therefore a comparable situation could occur. I have no evidence to suggest that the use of the building for A1 purposes would result in significantly different traffic patterns that would be detrimental to highway safety. It should also be noted that the Council have previously adopted, as part of the development plan, to encourage the introduction of mixed uses along Bridge Street and Penybryn including B1 uses and local needs shopping as part of policy H13. This must be given significant weight in considering the possible traffic impacts of the proposed development. Consideration has been given to deliveries. The site is on a key approach to the town centre. The end user of the building will dictate the delivery patterns to the unit, but given the limited space to the front of the building and the high volumes of traffic experienced along Penybryn during peak times, it is considered that a Delivery Management Plan be submitted and approved prior to occupation of the building by an end user. It is envisaged that such a scheme would consider the type and size of delivery vehicle as well as the timings of deliveries to avoid conflict with peak customer visits. Highways have requested the submission of a Travel Plan to encourage sustainable travel patterns for staff movements. Given the scale of the development, the likely staff numbers and the nature of the current lawful use, I do not consider that this level of detail is required. Other matters: The impact of the development upon the competition of other businesses is not a material consideration. CONCLUSION It is considered that this proposal would allow a positive alternative use of this building which sits in a visually prominent position. The proposed reuse would also be in the best interests of the amenity of the neighbouring occupiers and the wider area in that security of a vacant building would be improved. The reuse would not prevent the comprehensive redevelopment of the site and would not result in a material increase in traffic generation detrimental to highway safety. As such I recommend accordingly.


RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered C064/002 Sheet 1 of 1 and contained within the application documentation. 3. Prior to their use on the development samples of all roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. Prior to first use of the development hereby approved, the vehicular access on to Penybryn shall provide visibility splays of 2.4 metres x 33 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 5. Prior to first use of the development hereby approved the vehicular access on to Tenters Square shall provide visibility splays of 2.4 metres x 18 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 6. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. C064/003. 7. The vehicular parking and turning areas as shown on approved drawing No C064/003 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 8. No development shall take place until a Service and Delivery Management Plan (SDMP) to include (but not limited to) the details of frequency of deliveries, type of delivery vehicles to be used, delivery times and management of car parking to facilitate delivery vehicles has been submitted to and approved, in writing, by the Local Planning Authority. The SDMP as agreed shall be implemented in accordance with the approved details. 9. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 10. Prior to the commencement of any demolition on site, a final plan shall be submitted to and approved, in writing, by the Local Planning Authority, showing the extent of the outbuilding to be demolished and the final finish and


appearance of the element of the outbuilding to be retained. The demolition and subsequent retained building shall only be carried out strictly in accordance with those details as approved. 11. No use of the development, to include the receipt of deliveries shall be made before 0700 or after 2300 hours on any day. 12. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 13. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 12 above have been satisfactorily carried out, has been submitted to and 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 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 that adequate visibility is provided at the proposed point of access to the highway. 5. To ensure that adequate visibility is provided at the proposed point of access to the highway. 6. In the interests of highway safety. 7. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 8. In the interests of highway safety. 9. To protect the amenities of the occupiers of nearby properties. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To ensure that the retail use is not used at a time which would be likely to cause nuisance or disturbance to nearby residents. 12. In the interests of the amenities of the future occupants of the buildings 13. In the interests of the amenities of the future occupants of the buildings ______________________________________________________________


APPLICATION NO: P/2015 /0377 COMMUNITY: Minera WARD: Minera

LOCATION: TOMLINSONS DAIRIES FIVE CROSSES INDUSTRIAL ESTATE MINERA WREXHAM LL11 3RD DESCRIPTION: VARIATION OF CONDITION 2 OF PLANNING PERMISSION P/2014/0410 TO ALLOW ALTERATIONS TO PREVIOUSLY APPROVED PLANS, TO EXTEND THE AREA OF HARDSTANDING AND CAR PARKING APPLICANT(S) NAME: P N & J A TOMLINSON

DATE RECEIVED: 20/05/2015 CASE OFFICER: JS AGENT NAME: HASTON REYNOLDS LTD MR DAVID HASTON

______________________________________________________________ THE SITE

PROPOSAL As above.

120m

The Chase

Proposed extension to car park area

Application site

Blow Moulding Building


HISTORY P/2004/1104 Construction of new dairy building, vehicle maintenance

building and associated milk storage facilities together with the formation of a new access, attenuation pond/swale, car parking, lorry parking and landscaping. Refused 20.12.04

P/2005/1430 Construction of new dairy, building, vehicle maintenance building and associated milk storage facilities together with the formation of a new access, attenuation pond/swale, car parking, lorry parking and landscaping. Granted 31.7.06

P/2012/0112 Construction of building to be used for bottling and storage of milk in glass bottles and associated service bridge, hard standing, ground remodelling and landscaping. Granted 15.2.12

P/2014/0410 Erection of industrial building to be used for blow moulding of poly milk bottles and associated service, silos, hardstanding, car parking, ground modelling and landscaping. Granted 8.10.14 – currently under construction

DEVELOPMENT PLAN Outside the settlement limits as defined in the Wrexham UDP. Policies PS1, PS2, GDP1, EC4, E5 and T8 refer. CONSULTATIONS Community Council: Consulted 28.5.15 Local Member(s): Notified 28.5.15 Public Protection: No comments Natural Resources Wales: No objections. All surface water drainage from the

site should pass through an oil interceptor. Any waste must be disposed satisfactorily, and the importation of any inert waste must be registered with NRW. It is recommended that a comprehensive emergency plan be in place to deal with any potential pollution incident at the site.

Highways: The access to the site is through the Five Crosses Industrial Estate, which is an unadopted road, under part private ownership and part Council (Economic Development) ownership. The removal of 7622 m3 of fill from the site will result in 2 HGV movements per hour for a 3 week construction period. This figure then reduces to 1 per day for the remaining 5 months of the construction period. These additional movements will have no detrimental impact on A525 Ruthin Road. [NB- the 7622m3 figure relates to the whole development and not just the extended area of the car park. The


car park area involves a need to cut the land by 228m3 – which is defined as area J on the submitted plans, and this cut material will not be taken off site] Once the site is operational, the anticipated HGV deliveries to the site will be significantly reduced by 6 movements per day. Conditions are required to ensure: that all parking and turning areas are laid out, surfaced and drained, and ii) to submit a construction traffic management plan for approval.

Site Notice: Expired 24.6.15 Other Representations: 9 neighbours notified, and 1 letter from the

occupants of The Chase received, raising the following:

The Chase is one of two noise sensitive properties close to the site. The other is Kalver.

The 2006 permission (P/2005/1430) contained a planning condition regarding noise, and background levels should not be more than 3 dB(A) as measured at Kalver.

The issue of noise was raised in connection with the earlier planning permission in connection with the submission of P/2012/0410 because noise was causing issues for the occupants of The Chase. The decision for P/2012/0410 subsequently included a condition that the building could not become operational until the chiller units were replaced. Also a management plan (to control noise from outdoor operational areas) was conditioned, and the installation of a bund / planting along the former railway track. Noise levels at the nearest noise sensitive property were also controlled.

Implementation of P/2012/0410 was also thought to decrease traffic in comparison with the bottling plant and parking would be sufficient, and did not provide parking facilities for the existing Pen y Palmant site.

Conditions 6, 8 and 18 are relevant for planning permission of P/2014/0410.

The purpose of the current amendment to P/2014/0410 is to allow the approved car parking area to have a change in surface (from impermeable to permeable) and the reason for this is not clear. Also the proposal increases the amount of parking within this area from 40 spaces to 64 spaces, and this increase flies in the face of sustainable transport policies which the applicant claims it promotes.


Increased car parking will potentially increase the

intensification of night time shift patterns, which gives potential for further noise.

The LPA must examine TAN 11 as this requires LPAs to consider any noise generating development, and it should not cause an unacceptable degree of disturbance. Condition 6 of P/2014/0410 follows the guidance of Annex B17, but this is unenforceable because it does not set a baseline and/or define precisely the location at which measurements are to be taken.

The development should comply with Policy GDP1 f) of UDP.

No written screening opinion was undertaken for P/2014/0410. Therefore the permission is unlawful and/or the current application cannot be determined without making a screening.

A full log of the complaints and the nature of the noise have been submitted to the Council’s environmental health department (Public Protection), and although the complaints have centred upon the use of the chillers, noise issues are not limited solely to the use of this plant and machinery.

All the planning conditions have not been complied with and the Council’s Public Protection department has served an abatement notice. This has not been appealed by the applicant, and it has not been complied with.

The proposal will lead to further intensification at a time when the applicant is in breach of other conditions. Permission should not be granted until those matters are resolved.

Condition 6 of the 2014 permission is unenforceable, and this should be varied as part of this decision. Condition 8 could also be varied to allow hours to be controlled on Sundays and Public Holidays.

The source of the noise as consented by the 2014 permission must be identified or it will be difficult to control future noise from the site, and this should be undertaken through a Section 106 agreement

Noise from the development is bad, and it has got worse. The use causes environmental harm and its affecting the health of occupants at The Chase.

SPECIAL CONSIDERATIONS Background: Planning permission for a new industrial building at the site was granted planning permission last year (P/2014/0410) and work to


implement this permission is well underway. The planning permission was made subject to conditions (21 in total), and some of those planning conditions are not yet fully resolved, but the outstanding ones do not need to be resolved unless the new poly bottle production building becomes operational. Details: The application which is currently before the Committee is seeking to vary condition 2 of planning permission of P/2014/0410 to allow layout alterations to previously approved plans. The submitted plans indicate proposals to make the approved car park area larger – to extend this within an area between the new building and the NE boundary. It is proposed that the material that must be cut to form the area, will be deposited within part of the site (within area F1 as shown on the submitted plans), and no material will be taken off site. The implications of the extra cut material being deposited within area F1 will result in earlier approved land levels to be adjusted slightly upwards. The amount is not significant (e.g. the average depth of extra fill would be 0.28m deep), and the general profile of the land will correspond with the previously approved landform for this area, albeit slightly higher. The proposed extension to the car park is required to allow staff parking, to give more room at the front of the existing dairy building for management, visitors and office staff to park. The application also confirms that the number of employees has now increased to 130, and this is 26 more staff than employed when the planning permission of P/2014/0410 was originally granted. The business therefore requires more on-site parking, or else there is a risk that cars will block existing operational areas for HGVs visiting the premises. This would not be good from a business operational aspect. Information submitted as part of the current application has confirmed that during peak times, there is a known need for 90 staff parking spaces and up to 15 visitor spaces, which equates to 105 spaces. The areas of the combined on-site parking will give room for 106 cars. Noise: It is noted that occupants of a neighbouring property (The Chase) is very concerned about on-going noise issues at the site, and has raised concern that the extra parking area will increase potential for noise to be extended because more staff will be employed, and this could extend shift patterns, etc. The neighbour also has issues about the enforceability of certain matters in connection with the original permission (P/2014/0410) but these are not issues for the current proposal. The planning condition which is governing noise in connection with P/2014/0410 (i.e. condition 6) is consistently used in connection with noise generating developments, and Public Protection has not raised any objections to the amended layout proposals. Members are also advised that the proposed extended car park area as included, is located on the east side of the new poly bottle manufacturing


building, which results in the car park being shielded from The Chase by the new building, and the boundary of this property is 120m away from the nearest point of the extended car park. In relation to other adjoining properties the car park extension will not cause any additional noise issues. Other matters: Although the submitted objection raises other matters, they are not items that can be addressed through this proposed variation of planning condition. Whilst a noise issue in relation to existing chiller units on the main dairy building must be resolved, the matter is being pursued by the Council under separate environmental legislation, and noise monitoring has taken place. Public Protection has also confirmed that the use of the chiller units will not necessarily increase or be made worse by extra staff being employed at the site because the chillers would still need to be operational whether more milk is processed, or not. With regards to any outstanding conditions in connection with P/2014/0410 these are not required to be resolved at this stage, even though they will need to be resolved before the building first becomes operational. Until the issue of noise from the chillers is resolved, those schemes can hardly be finalised. Visual impact: The extended car park will be located on the outside edge of the site, and potential this will provide some extra visual impacts from adjacent locations. To help off-set the visual impacts, the previously approved landscaping scheme has been supplemented with some additional measures along the eastern boundary of the site. The proposed hedgerow along the edge will be backed with a woodland planting, and this additional planting strip will potentially provide room for 3 lines of new tree planting along this edge, to complement the same tree species which have already been agreed for the area further along this boundary (northwards). Based upon the revised landscaping scheme, the visual impacts will be acceptable once all the landscaping items have had a chance to become established. Further conditions are required to deal with the extra planting, to avoid any ambiguity in relation to original permission, and the existing approved schemes which discharged landscaping conditions. Additionally, to ensure that the visual impact of the development is adequately controlled, particularly until the landscaping scheme along the NE edge has become effective screen; the new car park area should remain as a staff parking area. External lighting: The application as submitted confirms that there will no changes to the lighting details that have already been submitted in connection with condition 14 of P/2014/0410. Those details confirmed the introduction of 2 x amenity bulkhead light fittings and 2 x Area Flood LEDs fittings on the side of the building which is adjacent to the extended car park. Those fittings are


acceptable on the basis that they will only allow light around the immediate operational areas around the building as approved. Therefore the extended car park area may not be sufficiently lit, and could lead to further lighting being introduced. This needs to be controlled, to ensure that any lighting is sympathetic for the location. A further condition is required. Highway Impacts: As mentioned earlier, the proposal is not resulting in any cut and off-site removal operation. Only the new permeable surfacing material for the car park area will need to be imported. As a result, the need for a construction management plan is not thought necessary in this instance. The laying out, surfacing and draining of the car park area is already controlled by planning condition 5 of the permission, and this does not need to be duplicated. The parking bays will be defined by wooden posts, and new surface is designed to be self-draining, and this is acceptable. There is no issue regarding any extra traffic generated by additional staff. CONCLUSION Although it would be helpful if all the conditional matters regarding the planning permission had been resolved before this application was submitted, the submitted application cannot be used as a reason for raising objections because these works only involve relatively minor alterations to the approved site layout. The noise issue of the adjoining resident is being addressed under separate legislation, and although still relevant, this cannot be used to prevent alterations, particularly where those alterations do not cause additional environmental harm. Therefore the proposal can be supported provided the decision is issued with additional conditions (i.e. conditions 22 – 26)

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s), and as contained in the application documentation. 3. The premises shall be used for the manufacture and storage of plastic bottles only for the adjoining dairy, and shall not be used for any other purposes including any use within Class B2 of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment). For the avoidance of doubt, the 'adjoining dairy' includes the existing dairy use within the blue line as contained within the application documents, and the nearby Pen y Palmant farm dairy building as identified as part of the planning permission of Code No. 22611, dated 19.10.1994, and no other dairies.


4. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation, and the silos shall be the same colour as the colour scheme as specified for the walls of the building. 5. The vehicular parking and turning areas as shown on the approved drawing(s) shall be fully laid out, surfaced and drained prior to the first use of the development. These areas shall thereafter be permanently retained and kept free of obstruction, and made only available for the parking and turning of vehicles at all times. 6. The rating level of any noise generated by reason of this development shall not exceed pre-existing background noise levels by more than 5 dB(A) at any time. The noise levels shall be determined to the nearest noise sensitive premises and measurements and assessment shall be made in accordance with BS4142:1997 Method or Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 7. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 8. Before the building becomes operational for the first time, details of a management plan to consider proposed outdoor working practices in relation to controlling potential sources of noise and disturbance for the hours outside 07.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, as identified by an area of hatching on the approved plans, shall be submitted to and approved in writing by the Local Planning Authority. The plan as subsequently approved in connection with this condition shall be fully implemented at the site in accordance with an agreed timetable to be submitted as part of the plan. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 11. Within 3 months of commencement of development a scheme of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting as is approved shall be installed in strict accordance with the scheme prior to first use of the development and shall thereafter be permanently retained in a fully operational condition. 12. The site shall be developed in accordance with the ground and / or floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority. 13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), no further development shall take place under Classes A, B and C of Schedule 2 Part(s) 8, other than the development hereby granted permission.


14. Within three months of commencement of development, full details of a hard and soft landscaping scheme, to include bunding on the north west boundary of the site, together with a five year Maintenance Plan and timescales for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 15. The planting scheme implemented in connection with condition no. 14 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 16. Prior to commencement of any works on site the contractor shall give ten working days written notice, to the Local Planning Authority, of a meeting on site to review all work procedures, access routes, storage areas and tree protection measures. The procedures shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in strict accordance with the details as approved. 17. Within three months of the commencement of development a Woodland Management Plan for the areas of woodland mix as included as part of the landscaping plan shall be submitted and approved by the Local Planning Authority to specify the long term management objectives, management responsibilities and maintenance schedules for all areas to be planting as woodland, and those areas shall be managed and maintained in strict accordance with the Plan as approved. 18. There shall be no use of the development hereby permitted until the chiller units to the rear of the existing building have been replaced in accordance with a scheme to be approved, in writing, with the Local Planning Authority. 19. There shall be no use of the development hereby permitted until a site management scheme to regulate the operational activities on the application site has been submitted to and approved, in writing, by the Local Planning Authority. The on-site operations shall be carried out in strict accordance with such details as approved, unless otherwise agreed, in writing, by the Local Planning Authority. 20. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 21. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no.20 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 22. In the event that the extended area of car parking as shown on approved drawing no. H0070-08-A1-PL-04 Rev A is implemented as part of the development, the hatched orange area as shown on that plan shall be made available for use before the first use of the development, and the area shall only be used for the parking of staff vehicles who are employed within the ‘Existing Dairy Building, Workshop and Proposed Blow Moulding Building’


as shown on drawing no. H0070-08-A1-PL-04 Rev A. The parking area shall thereafter be permanently retained for this purpose and kept free of obstruction, and it shall not be used for the parking and storage of HGVs. 23. In the event that the extended area of car parking as shown on approved drawing no. H0070-08-A1-PL-04 Rev A is implemented, the additional soft landscaping details as shown on the approved drawing no. 1382.02 Rev C, shall be fully implemented within the first planting season following the first use of the parking area. 24. In the event that the extended area of car parking as shown on approved drawing no. H0070-08-A1-PL-04 Rev A is implemented, the additional planting to implemented in connection with condition no. 23 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 25. In the event that the extended area of car parking as shown on approved drawing no. H0070-08-A1-PL-04 Rev A is implemented, no external lighting or floodlighting shall be introduced into that extended parking area, unless a revised lighting scheme in connection with condition 11 above is first approved by the Local Planning Authority. 26. All surface water drainage from the extended car park area as shown approved drawing no. H0070-08-A1-PL-04 Rev A, shall pass through an oil interceptor prior to any discharge into the surface water drainage system. REASON(S) 1. Reason: To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. The site is outside settlement limits and this use was only considered acceptable because of the direct functional need for the development in connection with the adjacent dairy. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To provide for the parking and turning of vehicles within the site, to ensure that areas are adequately maintained for that purpose to reduce the need for vehicles to reverse within the site, or needing to park on the approach roads leading to the site. 6. To protect the amenities of the occupiers of nearby properties. 7. To protect the amenities of the occupiers of nearby properties. 8. To ensure that potential sources of noise/disturbance which fall outside the scope and control of condition 6 above are minimised for overlapping operational functions as carried out within this part of the dairy site. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. To protect the amenities of the occupiers of nearby properties.


11. To minimise the risk of light spillage into adjacent areas, in the interests of the visual amenities of the area. 12. To ensure that the development fully complies with the appropriate policies and standards. 13. Due to the site's location outside the settlement area as currently defined, it is important to control development at the site and to ensure that the development does not prejudice the amenities of adjoining nearby properties. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure that the works on the site properly take account of the future health of the trees. 17. To ensure landscape features are properly considered and protected. 18. To control noise levels from the site, in the interests of residential amenity. 19. To control noise levels from the site, in the interests of residential amenity. 20. In the interests of the amenities of users of the buildings. 21. In the interests of the amenities of users of the buildings. 22. To ensure that adequate staff parking facilities are provided and maintained in connection with the site, and to protect the visual amenities of the area. 23. In the interests of the visual amenities of the area. 24. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 25. To minimise the risk of unnecessary light spillage into adjacent rural areas, and in the interests of the visual amenities of the area. 26. To prevent any pollution into surface water drainage system(s). NOTE(S) TO APPLICANT This permission is granted subject to the above conditions, and some conditions require your attention before certain works are implemented. The development has been commenced, and you are advised that conditions 4, 10, 11, 14, 16, 17, 20 and 21 have been discharged, but others still require attention as part of the development or before the building is first made operational. You should check that the levels as agreed as part of the permission are complied with, and any divergence of these levels will require further planning permission. In connection with conditions 8 and 19 above, you are advised to consider making use of alternative bleeping alarms for reversing vehicle within the site – perhaps by considering broadband or directional sound reversing alarms. Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed “Applicants’ Rights and General Information”


The applicant is advised that compliance of condition 6 above does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council’s Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council’s Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council’s Housing and Public Protection Department on 01978 315300 for further advice and information. Applicants are advised that compliance with condition no. 10 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council’s Housing and Public Protection Department on 01978 315300 for further advice and information. You are advised to consider the merits of a formulating a comprehensive emergency plan in consultation with Natural Resources Wales to deal with any potential pollution incident at the site. All inert materials imported as part of this permission must be registered with Natural Resources Wales under The Environmental Permitting (England and Wales) Regulations 2007, and compliance with relevant conditions of the permit. ______________________________________________________________


APPLICATION NO: P/2015 /0426 COMMUNITY: Cefn WARD: Cefn

LOCATION: 13 FFORDD KAYTON CEFN MAWR WREXHAM LL14 3RB DESCRIPTION: SINGLE STOREY REAR EXTENSION AND INTERNAL ALTERATIONS APPLICANT(S) NAME: MR & MRS WAYNE & AMANDA SLAWSON

DATE RECEIVED: 09/06/2015 CASE OFFICER: PF AGENT NAME: MR & MRS WAYNE & AMANDA SLAWSON

______________________________________________________________ THE SITE

PROPOSAL Planning permission is sought for the erection of a rear single storey extension on the existing bungalow. The extension would create additional space for the existing bedrooms and allow for the alteration of the existing internal space of the bungalow to be altered. The extension would measure 4.05m out from the rear elevation stretching across the width of the rear elevation of the dwelling.


The application is being reported to the Planning Committee as the applicant is an employee or the Council. HISTORY There is no relevant planning history associated with the site. DEVELOPMENT PLAN The site is located within settlement. Policies PS2, GDP1 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 – Parking Standards and 20 – House Extensions are relevant. CONSULTATIONS Community Council: Supports application. Local member: Notified 16.06.2015 Site Notice: Expired 08.07.2015 Neighbouring occupiers: 4 neighbouring occupiers notified 17.06.2015 SPECIAL CONSIDERATIONS Design and amenity: The design of the extension is sympathetic to the character of the existing dwelling and would not result in detriment to the amenity of the neighbouring occupiers. The scheme passes the adopted BRE test and accords with LPG20 in all respects. Members are asked to note that the projection and height of the extension is negligibly over the permitted development allowance, therefore a small reduction in the scale of the extension would remove the proposal from the planning system. CONCLUSION I am satisfied that the proposal is acceptable and accords with planning policy and guidance. I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 029/FK-PP/01 and contained within the application documentation.


REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com


If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. ______________________________________________________________


APPLICATION NO: P/2015 /0429 COMMUNITY: Broughton WARD: Bryn Cefn

LOCATION: LAND EAST OF BRYNCOED FOOTPATH AND NORTH OF CERNEY ROAD MOSS WREXHAM LL11 6EP DESCRIPTION: ERECTION OF STABLE BLOCK (2 STABLES AND STORE) - 11.2M LONG X 5.2M DEEP AND 3.6M HIGH TO RIDGE APPLICANT(S) NAME: MR GODFREY WILLIAMS

DATE RECEIVED: 09/06/2015 CASE OFFICER: PF AGENT NAME: MR GODFREY WILLIAMS

______________________________________________________________ THE SITE

PROPOSAL Planning permission is sought for the erection of a timber 3 bay stable building. The building would be 11.2 metres long by 5.2 metres deep with a pitched roof no higher than 3.6 metres.

Position of proposed stable Position of field access

from Cerney Road


HISTORY P/2014/0604 Erection of stable building and hayloft (11m x 5.6m X 5.53m height. Refused 10.10.2014 DEVELOPMENT PLAN The site is located outside any defined settlement limit in a Green Barrier. Policies PS2, GDP1, EC1, CLF6 and T8 are relevant. CONSULTATIONS Community Council: Consulted 17.06.2015 Local Members: Notified 17.06.2015 Site Notice: Expired 17.7.2015 Highways: Condition should be imposed to ensure that the stable is not used for commercial purposes. PRoW: Consulted 17.06.2015 Ramblers: Consulted 17.06.2015 Public Protection: Advice note required regarding construction practices. Neighbouring Occupiers: 12 neighbouring occupiers notified. 9

representations received raising the following response: There is no indication of material type; This land is brownfield and previously used as a landfill

site. This is not adequate for horses due to the condition and there is no shading;

According to the British Horse Society, given the scale of the stables being able to house 3 horses, the land in question is not large enough. This may lead to overgrazing causing the land to turn into a quagmire unsuitable for horses. If the land is poorly managed and animal faeces not removed this could migrate towards the neighbouring landowners’ property. The application should be refused and one horse in a more modest stable block is more sensible;

The proposed development will have an effect on the openness and purpose of the green barrier and the a detrimental impact upon the character and appearance of the area;

The size and scale of the proposed stable is very large for the site;

The design and access statement makes no mention of access and circulation around the site. There is the possibility that the site could become visually detrimental to the green barrier if hardcore is laid;

No thought has been given to the security of the stable as the owner lives in Trevor;

Traffic will increase on Cerney Road with deliveries and clearing out. There is no turning head and no details of delivery timings. The road is in a poor state;


There is no mention of lighting, water supply or drainage; No detail of stock proof fencing, implying that the neighbouring boundary fencing will keep animals secure; The applicant’s submission indicates that hedges and trees will be retained but the landowner has removed all native mature trees without regard to planning policy. Japanese knotweed has plagued the site and is growing back where the trees were uprooted; The applicant states that the location has been agreed with the planning department at a site meeting, thus giving the impression to consultees that it is a foregone conclusion that this application will be granted; There will be an increase level of noise in this quiet location; Local residents will suffer from vermin and flies; and This proposal is likely to result in further equestrian development;

SPECIAL CONSIDERATIONS Background: Planning permission was refused in late 2014 on this same field parcel for the erection of a brick built two storey stable building. This was proposed at the northern end of the field where it slopes down towards the golf course. It was considered, given the scale and permanent nature of the proposal, that this would represent and inappropriate form of development within the green barrier. Further discussions took place with the applicant following this refusal and it was considered that a more appropriate solution for stabling and accommodation for horses would be for a smaller, more temporary structure in a location closer to the built form of the edge of the settlement. These informal views of an officer of the Council took the form of pre-application discussions and do not prejudice the outcome of any formal planning application. Design and siting: It is considered that the design of the stable, which consists of treated tongue and groove cladding and bituminous corrugated roof sheets, would be of a traditional utilitarian design that serves a purpose of stabling horses and providing shelter. It is also considered that the stable is better located closer to the field boundary that forms the edge of the settlement limit in this location. Its temporary appearance would not be considered to result in an incongruous structure, the character of which is associated with settings such as this where the grazing of horses takes place. The location adjacent to the settlement boundary further enforces that the proposal would not represent inappropriate development in the green barrier. Highways and traffic generation: The proposal is unlikely to result in a material increase in traffic generation. The field is accessed of Cerney Road via a private field gate. The proposal will not result in the adverse interference with the existing footpath within the vicinity.


Visits to the site are likely to be by the applicant to care for the horses (delivery of feed/straw and cleaning) which would represent negligible traffic movements to the site. Movement around the site will be limited to the applicant and not members of the public. I am therefore satisfied that the management of movement around the site is a matter for the applicant. Other matters: Representations have been made regarding the suitability of the structure for the purpose required. Animal welfare is properly a matter for the applicant. However, I am satisfied that the structure appears to represent a typical animal shelter with associated storage. I am also satisfied that the building is to be located on a generous field parcel that would appear to comfortably house the number of animals relative to the scale of the stable. I am also satisfied that the grazing and sheltering of the number of horses relative to the scale of the proposed stable will be similar to grazing of the land for agricultural purposes. Noise disturbance is highly unlikely. The accumulation of bedding, feed and animal waste is unlikely to result in harm to the amenity of the neighbouring residential occupiers. The granting of planning permission would not absolve the applicant from carrying out the responsibilities of good animal management practices controlled through other legislation. Representations have been made regarding Japanese knotweed on the site. It is unlikely that the siting of a stable building will disturb the land to the extent that this invasive species would be moved widespread from the site. Again, other legislation is in place to control the spread of invasive species. The surface area of the stable is unlikely to result in surface water generation that will cause runoff from the site harmful to the neighbouring occupiers. No lighting is proposed, but given the openness of the site would be strictly controlled by condition. Any further equestrian development (buildings etc.) would require an application for planning permission and in each individual case would be dealt with on its own merits. CONCLUSION I am satisfied that the proposed development will result in an extremely minimal impact upon the openness of this location and given the similar characteristics to the lawful agricultural use of the land will not result in harm to the amenity of the neighbouring occupiers. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.


2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 9 June 2015 and as contained within the application documentation. 3. The stables / machinery store shall not be used for any commercial or business purposes. 4. There shall be no external lighting of the stable hereby approved. 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. 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 Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. ______________________________________________________________


APPLICATION NO: P/2015 /0433 COMMUNITY: Brymbo WARD: Brymbo

LOCATION: 13 CHESHIRE VIEW BRYMBO WREXHAM LL11 5AW DESCRIPTION: ERECTION OF SINGLE GARAGE TO FRONT OF PROPERTY (IN RETROSPECT) APPLICANT(S) NAME: MR GEOFF SMITH

DATE RECEIVED: 11/06/2015 CASE OFFICER: KH AGENT NAME: MR SEAN O'SULLIVAN

______________________________________________________________ THE SITE

Dwelling located off the western side of Cheshire View with existing residential properties on all sides. PROPOSAL Erection of garage to front of dwelling (in retrospect).

Position of garage


HISTORY P/2008/0585 Ground floor rear extension. Granted 27.06.08 P/2007/0151 Ground floor rear extension. Granted 22.03.07 P/2001/0324 Lounge and porch extension including brick cladding to external walls. Refused 10.05.01 DEVELOPMENT PLAN Within settlement for Brymbo. Policies PS1, PS2 and GDP1 of the Wrexham UDP refer. CONSULTATIONS Community Council: Consulted 16.06.15 Local Member: Notified 16.06.15 Highways: Recommend refusal on grounds of restricted visibility at the garage access and the use would increase the likelihood of danger to pedestrians and road users. Neighbours: 1 letter of objection on the following grounds:

Does not fit in with the rest of the street No other off road parking on that side of the street Occupier of the property already has access to two other garages that are not used for the purposes intended Danger to other road users and children on the street as views leaving the site would be blocked by the parked cars on that side of the road, a number of which belong to the occupier 2 letters of support on following grounds: Like the garage and suits the area, garage enhances the area and similar development would enhance the overall area Relieves parking pressure by utilising garden space and making road safer for pedestrians Does not affect light to adjoining properties

Site Notice: Expired 16.07.15 SPECIAL CONSIDERATIONS Proposal: Retrospective application submitted for single garage. The garage has been built to the front of the dwelling on part of the garden and projects to the back of the existing footpath which bounds the site frontage. Visual Impact: The garage is prominent in the streetscene given its location to the front of the property and adjacent to the public footpath. It provides an intrusive, over-dominant and discordant element which does not respect the character of the streetscene and generally unsympathetic to the locality.


Highways: Highways have objected to the proposal. It is important that for safety reasons to avoid any obstructions to a footway. A hard standing between the garage and the highway should allow for garage doors to be open whilst the vehicle is parked clear of the footway. A minimum distance of 5.5m is usually required from the garage door to the back edge of the footway and this garage clearly does not meet with current guidelines. It is also important that you have clear visibility onto the highway, particularly of pedestrians who may be passing on the footway. In this instance any vehicle exiting the garage will have seriously substandard pedestrian visibility. Visibility on the highway itself will be obstructed by the line of parked cars either side of the proposed access. CONCLUSION The garage is overly dominant and not in keeping with the locality. It also raises highway safety issues for vehicles and pedestrians. RECOMMENDATION: That permission be REFUSED REASON(S) 1. The garage provides by virtue of design and location an overly dominant and intrusive element which compromises and conflicts with the existing character of the streetscene. The proposal as such is contrary to policies PS2 and GDP1(a) of the Wrexham Unitary Development Plan. 2. The garage provides restricted visibility at the garage access and its use would increase the likelihood of danger to pedestrians and road users. The proposal as such is contrary to policy GDP1(d) of the Wrexham Unitary Development Plan. ______________________________________________________________


APPLICATION NO: P/2015 /0446 COMMUNITY: Offa WARD: Brynyffynnon

LOCATION: B & Q BERSE ROAD WREXHAM LL11 2BH DESCRIPTION: DISPLAY OF ADVERTISEMENT - BANNER SIGN (36M WIDE AND 3M HIGH) (IN RETROSPECT) APPLICANT(S) NAME: MR SAM LEESE

DATE RECEIVED: 15/06/2015 CASE OFFICER: KH AGENT NAME: MR SAM LEESE

______________________________________________________________ THE SITE

Located off the north west side of Berse Road with other retail units to the south west and residential properties to the north east and north west. PROPOSAL Display of advertisement (in retrospect) – banner sign (36m wide and 3m high).

Position of banner


HISTORY Extensive but most relevant. P/2005/0219 Display of V-angle post mounted sign. Granted 09.05.2005 DEVELOPMENT PLAN Within settlement. Policies PS1, PS2 and GDP1 refer. CONSULTATIONS Community Council: No objection Local Member: Notified 17.06.15 Highways: No recommendations on highway grounds Neighbours: 1 letter of objection on grounds:

Size, scale and mass of the banner is unacceptable Already sufficient space for advertising the garden centre Banner intrusive and visible from the pavement and residential properties across Berse Road When allowing a V sign at the site entrance reasons for allowing it included to minimise clutter and excessive displays

Site Notice: Expired 15.07.15 SPECIAL CONSIDERATIONS Proposal: The proposal involves the display of a retrospective banner sign. The banner measures 36m in length and 3m high, a mesh silk material, with photos of flowers and the letters garden centre. The banner is attached to the south east fence (facing Berse Road) enclosing the garden centre, approximately 40m from the site boundary. Visual Impact: One letter of objection raises concerns that the banner is intrusive and size and scale is inappropriate and the site already has excessive display and clutter with signs with sufficient alternatives to advertise the garden centre. The banner, whilst large, is located at ground level and 3m in height to match existing security fencing to the garden centre. It is set back approximately 40m from the site boundary with Berse Road, with a hedge running along the boundary, which helps minimise the impact when viewed from the road. Whilst some views will be available the location, limited height and boundary hedging and distance to residential properties (approximately 60m) ensures a minimal impact on residential amenity and the general visual amenities of the area. General: With regard to objections regarding excessive displays and clutter from existing advertising, I am satisfied the site does not have excessive existing advertising. A consent granted for a V-angle post mounted sign


(P/2005/0219) on the forecourt included a condition which removed rights for advertisements with Deemed Consent to be displayed. This has enabled control over excessive displays of signs and ensures signage does not compromise amenity. CONCLUSION I am satisfied the banner displayed is acceptable and will have no significant impact on residential properties across Berse Road or the general visual amenities of the area. RECOMMENDATION: That consent 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. 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 such 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. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (or any Order revoking and re-enacting that Order with or without modification) no advertisement shall be displayed on the premises or within the site other than those hereby approved or previously given 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 avoid excessive clutter and displays of advertisements in the interests of the general visual amenities of the area and nearby residential amenity. ______________________________________________________________


APPLICATION NO: P/2015 /0450 COMMUNITY: Overton WARD: Overton

LOCATION: FLAT NOS 1 AND 2 BRYN Y PYS COURT OVERTON WREXHAM LL13 0EJ DESCRIPTION: REPLACEMENT WINDOWS APPLICANT(S) NAME: DR R GRANT AND MR W CARNELL

DATE RECEIVED: 15/06/2015 CASE OFFICER: SEH AGENT NAME: DR RICHARD GRANT

______________________________________________________________ THE SITE

PROPOSAL As above.

HISTORY None relevant

DEVELOPMENT PLAN Within defined settlement limit and Overton Conservation area. UDP Policy EC7 applies.

Application Site


CONSULTATIONS Community Council: Objects to the proposal. The property is within the

conservation area and the replacement of the windows should therefore be like for like (timber). There have been recent upvc windows installed in properties within the area which have not been granted and we feel that the same criteria should be applied to this application.

Local Members: Notified 24/06/2015 WACS: Consulted 24/06/2015 Press Notice: Expired 31/07/2015 Site Notice: Expired 20/07/2015 Other Representations: Notified 29/06/2015

SPECIAL CONSIDERATIONS / ISSUES Design and Conservation Area: The two flats form part of an earlier conversion/rebuilding scheme that developed the former Bryn y Pys Arms Public House and associated outbuildings into residential accommodation. The scheme forms a small courtyard whereby only the eastern elevations of the former public house and outbuilding that front Salop Road are visible from key views within and through the conservation area. As such it is these elevations which contribute most to the historic character and appearance of the Conservation Area. The two flats are located within the courtyard area of the development and are not prominent from within the Conservation Area with views only obtainable by entering the courtyard via the pedestrian driftway or via the road. The building was likely ancillary accommodation to the public house function and would likely have historically been used as stabling and storage however, little evidence of this function has been retained as part of the earlier conversion and the property appears more of new build than a conversion. Considering that the windows are not readily visible from within the conservation area; the architectural character of the existing building being that more akin to new build than conversion; and the appearance of 2 nearby buildings which had installed UPVC windows as approved; the replacement of existing timber windows with UPVC alternatives would have little impact upon the conservation area in this instance. CONCLUSION The proposal is acceptable in terms of design and the replacement upvc windows would preserve the character of the conservation area in accordance policy EC7 of the UDP.


RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing numbered PYS 001 and contained within the application documentation. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. ______________________________________________________________


APPLICATION NO: P/2015 /0452 COMMUNITY: Penycae WARD: Penycae & Ruabon South

LOCATION: BRIDGE END FARM TAI NANT PENYCAE WREXHAM LL14 1UG DESCRIPTION: TWO-STOREY SIDE EXTENSION AND INTERNAL ALTERATIONS APPLICANT(S) NAME: MRS CHRISTINE MATHEWS-SHEEN

DATE RECEIVED: 17/06/2015 CASE OFFICER: PF AGENT NAME: MR DONALD INSALL ASSOCIATES LTD

______________________________________________________________ THE SITE

PROPOSAL As above.

HISTORY None.

Position of proposed extension


DEVELOPMENT PLAN Outside of the defined settlement limit. Part of the site falls within a local wildlife site (W223 – Yew Tree Dingle) and a C2 flood zone as defined by Welsh Government TAN 15. UDP Policies PS2, GDP1, EC4, EC6, EC12 and T8 apply. Local Planning Guidance Notes 13 - Housing in the Countryside, 16 - Parking Standards and 20 - House Extensions are also relevant.

CONSULTATIONS Community Council: No observations Local Members: Consulted 25/05/15 Site Notice: Expired 22/07/15 Natural Resources Wales: Consulted 25/05/15 Site Notice: Expired 22/07/15 Other Representations: 1 representation received raising the following specific concerns:

The proposed extension will add more building to an already over developed site. The original farms footprint was a lot smaller than what is currently being added let alone having another extension added. Further concern is regarding drainage from the road at a higher elevation from the current house down to the stream. The addition of another extension could restrict this drainage and cause future problems not only to the stability of the road but also to the dwelling at higher level.

SPECIAL CONSIDERATIONS / ISSUES Background: The existing property is located outside of the settlement limit and with an open countryside location as defined by the UDP. The existing dwelling originates from the 19th Century and is of stone and render construction under a traditional slate roof. The farmhouse has been subject to numerous alterations and additions including the most recent addition of a modern UPVC framed conservatory. The proposal is remove the conservatory addition and create a new east wing extension that matches the height and proportions of the existing eastern section which was originally a dairy to the two storey farmhouse (west section). Design: The proposed extension has been designed to reflect the scale and materials of the existing farmhouse using stone and render to the walls and a traditional slate roof. The addition is superior in design and materials to the existing conservatory and offers and enhancement to the current character and appearance of the building. More modern design elements to the extension such as curved wall, large glazed openings, dormer and chimney


complement the existing building and result an integrated and cohesive design. The extension is of a diminutive scale to the original farmhouse and the accords with the recommendations outlined in LPG 13 on extensions to houses in the countryside. Other matters: With regards to ground stability and drainage, these matters will be considered as part of the applicants Building Regulations application and the development will need to comply with the relevant standards. Natural Resources Wales have not made any representation on the application and the Council’s Ecologist has no adverse observations regarding the proximity of the site to the adjacent wildlife zone. The site is partially located within a C2 flood zone. Welsh Government TAN 15 – Development and Flood Risk states that householder development is generally acceptable as there is an accepted risk of flooding on the site. I do not consider that this proposal will result in harm to existing flood capacity that may harm sites elsewhere. CONCLUSION The proposal is of an acceptable scale and design in relation to the existing building and the accords with the character of the site. The development accords with the relevant policies and guidance notes and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved in writing by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority. 3. All roof lights hereby approved shall be 'conservation type' only fitted flush with the adjoining roof surface. 4. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 5000, 1000, 2001, 1001, 2001 Rev A, 1100, 1200, 1201 Rev A, 2102 Rev A, 2200 Rev A and contained within the application documentation. 5. No part of the development shall commence until samples of all external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.


REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure the works reflect the character and appearance of the building. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure that the development fully complies with the appropriate policies and standards. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. ______________________________________________________________



LOCATION: ACREFAIR PIZZA AND KEBAB LLANGOLLEN ROAD ACREFAIR WREXHAM LL14 3RP DESCRIPTION: VARIATION OF CONDITIONS 2 AND 4 OF PLANNING DECISION APP/H6955/A/12/2183661 (P/2012/0490) TO ALLOW ONE SEATING BENCH FOR CUSTOMERS AND TO ALLOW EXTENDED HOURS ONFRIDAY AND SATURDAY NIGHTS UNTIL MIDNIGHT APPLICANT(S) NAME: MR NEJMETTIN KAYA

DATE RECEIVED: 18/06/2015 CASE OFFICER: JS AGENT NAME: MR NEJMETTIN KAYA

______________________________________________________________ P/2015/0461 THE SITE The site is located on south side of Llangollen Road.

Application Site


PROPOSAL As above. The proposed opening hours of the premises would be: 1600 – 2300 Monday to Thursday 1600 – 0000 (midnight) Friday 1300 – 0000 (midnight) Saturday 1300 – 2300 Sunday and Bank Holidays HISTORY P/2012/0490 Change of use from village store to food take-away establishment. Refused 8.8.2012. Allowed on appeal 3.1.2013, but subject to conditions. Condition 2 – No seating area for the approved use shall be provided within the premises. Condition 4 – The premises shall not be open to customers outside the following hours:- 1600 – 2300 Mondays – Fridays 1200 – 2300 Saturdays, Sundays and Bank Holidays P/2013/0559 Variation of condition 4 of P/2012/0490 to allow hours of opening to be extended: 1600 to 0000 (midnight) Monday – Thursday 1300 to 0100 Friday – Sundays and Bank Holidays Refused 1.10.13 Appeal dismissed 26.2.14 DEVELOPMENT PLAN Within settlement limits. Policy GDP1 applies. CONSULTATIONS Community Council: Supports application Local Member(s): Cllr Taylor – Supports application, subject to parking, noise and litter conditions which are already in place. Cllr Wright – No comments at this time Public Protection: No comments Highways: No objections Site Notice: Expired 23.7.15 Other Representations: 37 neighbours notified, and 3 comments received.

Two of these comments raise objections, and one supports. The objections are summarised as follows:

The car park is full of customers during opening times and there is no room for residents to park safely, and cars are parked on main road which cause havoc for road users and pedestrians. Therefore the car park should be extended.


Extended operating hours will increase litter in

area, which is very bad at weekends due to increased trade. The use is already a nightmare, producing rubbish all over the car park.

Increased noise late at night Windows cannot be opened at night because of

smell and noise from the car park. Cars speed in and out, and cars park on double yellow lines and they cause obstruction in Cae Efail.

The supporting comment raises the following: The use is operated with consideration and

courtesy to their neighbours. There is never any issue of noise or parking near

their premises. The seat is a welcome addition. The extended hours allows people who are

leaving the adjacent public house to purchase food whereas currently they have to leave early, or order from elsewhere.

The application can only benefit the local community.

SPECIAL CONSIDERATIONS Background: The use of the premises for the take-away use was allowed on appeal in 2012, subject to conditions. The opening hours for the use were restricted however, and the rationale for that decision and those hours were given by the Inspector – as follows: ‘..the property has previously been a newsagents and small convenience store and would have been the focus of a certain amount of activity. Apart from at weekends the proposed takeaway would trade mainly in the late afternoon and evening; the comings and goings of customers, the sounds of voices outside the shop and transactions inside, and the noise of car engines and doors closing as people arrived and left, would thus cause some disturbance during this period. It would also provide an opportunity for those leaving the pub, some of whom might be boisterous after an evening out, to pick up a snack on their way home. Nevertheless I do not consider that the level of noise or disturbance resulting from the proposed business would be significant or harmfully greater than currently occurs, particularly around the pub.’ It was also mentioned that: ‘As I have not found that there would be any harm to the living conditions of neighbouring occupiers, however, I consider it reasonable for the takeaway to remain open until 23.00 as requested in the application.’ As a result, it seems that the imposition of 23.00 hours as the late night time limit was partly imposed because these were the actual hours as requested by the applicant as part of the application documents. Subsequently, a further application to extend those hours was submitted (P/2013/0559), and those extended hours were not supported, and as part of the subsequent appeal the Inspector considered that:


“..the proposed extension of the hours would inevitably exacerbate current problems and prolong such activity into unsociable hours, not least on days within the working week……..I consider the permitted opening hours of 1600hrs on Mondays to Fridays to be entirely appropriate and necessary to accord with the aims of Local Planning Guidance Note No.9: Hot Food Take Aways (LPG9) and the wider health and wellbeing agenda.” The location of the property was acknowledged as part of the application to be within a mixed use area, and the Inspector noted that an adjacent Chinese restaurant further up Llangollen Road is closed from 2300 on each day, and that this time was consistent with the appeal decision for P/2012/0491. The Inspector also acknowledged that the late night opening was only one hour more than before. However it should be noted that that previous application actually requested extended hours on three nights (and Bank Holidays) and the hours were going to be extended by 2 hours. Current proposal: The current hours of opening will be less than the previous proposal. The start times will stay the same, and the finish time will only be extended on just two nights, namely on Friday and Saturday nights by one additional hour. The revised times will therefore avoid the working week period which was mentioned in the Inspectors’ earlier rationale for dismissing increased hours. The area also still remains within an area of mixed use, and there is a pub close to the premises which is likely to cause disturbance at the same time as this use. Therefore I do not believe that an extra hour of activity on just 2 nights in the week is likely to cause significant additional disturbance to existing local amenities. Those disturbances already take place, and parking will not be made worse by this extra hour on two nights. It is also noted that the public car park is not closed overnight, and therefore some activity within that area must be anticipated by local residents living in the area. The Inspector mentioned comparison with opening hours of a nearby takeaway premises (further up Llangollen Road), and that the previous opening hours are justified on that basis. It should be noted however that those opening hours are not controlled by any planning condition since the use is of a historic nature, and therefore that premises could be open for longer hours if required. The application also requests the introduction of a bench within the premises for customers. The reason for this condition is not explained as part of the appeal decision, but it is likely that this was intended to limit how long anyone is staying within the premises as this could extend the time period of the use even longer. Providing the seating is limited to a bench without tables, the seating will not have this effect. Therefore the condition can be varied to allow this.


CONCLUSION

In view of limited additional amenity impacts for the area, both conditions 2 and 4 of P/2012/0461 can be varied to allow some alterations to previous wording. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The customer seating area within the premises is not allowed if food is also allowed to be eaten on the premises. 2. The premises shall not be open for customers outside the following hours:- 1600-2300 Monday to Thursday 1600-0000 (midnight) Friday 1300-0000 (midnight) Saturday 1300-2300 Sunday and Bank Holidays REASON(S) 1. To ensure that the use only operates in accordance with details as described in order to protect the amenities of nearby residents. 2. To protect the amenities of nearby residents during unsocial hours, and to ensure that the hot food takeaway establishment is not open during school hours in the interests of maintaining health interests for local children. NOTE(S) TO APPLICANT You are advised that conditions 3 and 5 of the appeal decision APP/H6955/A/12/2183661 dated 03.01.13 are still relevant for the hot food takeaway use and those conditions should be read in conjunction with this decision. ______________________________________________________________


APPLICATION NO: P/2015 /0470 COMMUNITY: Broughton WARD: Bryn Cefn

LOCATION: 32 BROUGHTON HEIGHTS PENTRE BROUGHTON WREXHAM LL11 6BX DESCRIPTION: TWO-STOREY REAR EXTENSION APPLICANT(S) NAME: MR IAN BORMAN

DATE RECEIVED: 23/06/2015 CASE OFFICER: MP AGENT NAME: MR IAN BORMAN

______________________________________________________________ P/2015/0470 THE SITE

PROPOSAL The extension will occupy the full extent of the rear of the dwelling but will be two storeys for only half of its width, the remainder being single storey. The maximum projection from the rear elevation will be 3 metres. A new first floor window will also be inserted in the north facing (side) elevation to serve an existing bedroom.

Two storey

Single storey


HISTORY No recent relevant history. DEVELOPMENT PLAN Within settlement. Policy GDP1 applies. CONSULTATIONS Community Council: No comments/observations. Local Member: Notified 26.6.15 Site Notice: Expired 27.7.15 Neighbours: The owners/occupiers of 3 adjacent properties notified 2.7.15. The objection received expressing the following concerns:

Loss if light to garden area; Reduce the value/future saleability of adjacent property; The house has already been renovated to accommodate a childcare business; There will be increased noise levels for an increase in children playing in the garden; An increase in traffic from children being dropped off; View from rear window and patio will be an immediate brick wall;

SPECIAL CONSIDERATIONS Amenity: The proposed extension accords with the BRE daylight tests referred to in LPG20 and I am therefore satisfied it will not result in the occupiers of no.34 Broughton Heights to the north or no.41 Penrallt to the south suffering unacceptable loss of light. The two storey part of the extension will be 1 metre from the boundary with no.34 Broughton Heights and 2 metres from the property itself. It will also be approximately 4 metres from the boundary with 41 Penrallt. I do not consider a two storey extension projecting 3 metres from the rear of the dwelling will prove visually overbearing to the occupiers of either property in this instance. The single storey part of the extension will be around 1 metre from the boundary with no. 41 Penrallt. The nearest part of this part of the extension projects just less than 2 metres from the rear elevation of the dwelling. The ground level of 41 Penrallt is around 1.5 metres lower than that of the application site but despite this I am satisfied that the extension will not prove visually overbearing. This part of the extension will have no greater impact upon amenity than a single storey extension that could be erected without planning permission.


The extension will be some 11 metres from the rear boundary of the site. I am satisfied this distance is sufficient to ensure that the garden of no. 48 Broughton Heights will not be unacceptably overlooked. The position of the proposed side facing first floor bedroom window is such that it will not overlook the garden of no.34 Broughton Heights to any greater extent than the existing side facing windows of the properties either side of it. Design: The extension is in keeping with the appearance of the existing dwelling and being located at the rear will have no impact upon the wider street scene. Other Matters: I note the concerns expressed about the operation of a child minding business from the site. I understand that no more than 6 children (including the applicant’s own children) are looked after at the property at any one time and therefore the business does not require planning permission in this instance. The submitted floor plans show that the extensions will provide an enlarged kitchen, a utility room and a storage room at ground floor and an additional bedroom at first floor. There is nothing before me to suggest that there is any intention to increase in the number of children being looked after at the property so I have no reason to believe that the extensions will result in additional traffic or noise. If the child minding business were to expand to the point where planning permission is required the impacts associated with it would need to be considered via a separate planning application. The impact the development may have upon the value or saleability of an adjoining property is not a material consideration. CONCLUSION The extension complies with policy GDP1. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building. 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.


NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


APPLICATION NO: P/2015 /0475 COMMUNITY: Holt WARD: Holt

LOCATION: CLEOPATRAS FOODS THE CROSS HOLT WREXHAM LL13 9YG DESCRIPTION: APPLICATION TO VARY CONDITION 6 OF PLANNING PERMISSION P/2011/0432 (CHANGE OF USE OF PREMISES AS CAFE AND FOOD AREA) TO ALLOW OPENING TIMES TO BE EXTENDED) APPLICANT(S) NAME: MR PHILIPPE KALKWARI

DATE RECEIVED: 25/06/2015 CASE OFFICER: PF AGENT NAME: MR PHILIPPE KALKWARI

______________________________________________________________ THE SITE

PROPOSAL Planning permission is sought to vary condition no. 6 of planning permission P/2011/0432 to allow an extension to the approved opening hours of the approved use as a café and food area.

Site


HISTORY CB00349 Alteration and partial change of use of dwelling to form shop and

rear two storey extension. Granted 01.11.1996. Conditional approval 0800 to 1830 because of dwellings either side.

CB00972 Retention of chillers and associated compressors within existing covered way and extension of covered way and stationing of domestic opil tank. Refused 12.05.1997

CB01523 Retention of chillers and improvements of externally covered area and extension of covered way (revised proposals following application HOL/CB00972) (partly in retrospect). Granted 06.10.1997

P/2000/0326 Change of use to extend coffee shop and kitchen and form new toilet facility with access for disabled. Granted 12.06.2000

P/2004/0549 Change of use of first floor residential unit to become office, storage and staff facilities for the existing ground floor business. Granted 17.06.2004

P/2005/0563 Change of use of garage to store and preparation area and erection of new chiller/housing unit (in retrospect). Refused 05.09.2005

P/2006/0810 Cert. of lawfulness for proposed development for 1. Use of the existing building to house chiller(s) and for other storage purposes in connection with the lawful retail and coffee shop use of the premises. 2. Existing use as a chiller, dry store. Refused 14.09.2006.

P/2006/0929 Variation of condition 6 of planning permission code no. P/2000/0326 to allow kitchen, coffee shop and W.C. to be used from 0600 to 1900 Monday to Saturday. Withdrawn

P/2011/0432 Change of use of part of existing premises to additional café and food area and additional opening hours. Granted 18.08.2011

DEVELOPMENT PLAN The site is within Holt settlement, Holt Conservation Area and Holt District Shopping Centre. Policies PS2, GDP1, EC7, S5 and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 16 – Parking Standards. CONSULTATIONS Community Council: We were a little confused as we had received an

application for grant of a premises licence under the Licensing Act 2003 for the premises known as Cleopatra's and the opening hours differed from the ones on the planning application as the note there asked for opening times to be 8.30a.m. to 23.00 every day!

We don't want to hinder business setting up in the village but rather encourage it but also we have to


think of the wellbeing of nearby residents and would therefore like to request if possible that the application, if approved until 2300 every day, be temporary for 12 months to allow time to see the effects on residents.

Local Members: Notified 26.06.2015 Site notice: Expired 05.06.2015 Public Protection: No comments. Highways: No objections. The on street parking congestion is

recognised but development will not result in significant on street parking.

Neighbouring Occupiers: 11 neighbouring occupiers notified. 1 representation received raising the following objections:

Impact of the development on the character and appearance of the area. The impact of longer opening hours would reduce the amenity of The Cross to Holt and to its visitors by creating a long term daily centre of activity, traffic and noise and clutter which is currently restricted to more normal business hours. The Conservation Area is best appreciated when the normal daytime activities are at an end and it returns to its primary function as a residential village centre. Extending opening hours will cause harm to this amenity; Neighbouring occupiers suffered because of the previous occupier of the premises who flouted planning and land law. The extended opening hours would impact on residential amenity by increased noise and activity at the front and back of the premises by way of increased light, clutter on the pavement and general loss of peaceful evenings. The previous occupier enjoyed a thriving business without the need for extended hours and there seems little need beyond the need for additional profit. There are deliberate restrictions on the use of the access to the rear. There is a significant risk that if extended opening hours are allowed, these restrictions will have to be enforced. The Cross primarily is residential and there is no need for additional eat/drinking establishments with later hours. Impact upon highway safety. The proposal will result in increased parking congestion in the evenings when existing residents require on street parking. Experience suggests that customers will not use the existing car park in Holt; Planning policies/government guidance. A previous occupier caused an expensive and problematic planning history.


SPECIAL CONSIDERATIONS Background: Planning permission was granted in 2011 to utilise the front area of the existing premises as a café and food sales area. Previously, a café operated as an ancillary operation to an existing lawful A1 use. As part of the 2011 approval, conditions were imposed which restricted the opening hours of the café from 0730 hrs to 2000 hrs Monday to Saturday or 0900 to 1700 on Sundays. This proposal seeks to alter those opening hours to 0830 hrs to 2300 hrs on any day. I understand that a separate application has been made to the Council under the Licensing Act 2003 which has requested extended opening hours on Thursday to Saturday only. Members are requested to note that this is a separate application under different legislation. The applicant has confirmed that he has sought the extended opening hours throughout the week as part of the planning application to allow the possibility to operate later periodically without have planning restrictions in place. An amendment to the License application would therefore be required at a later date. Amenity: The Cross is a defined as District Shopping Centre (DSC) in the UDP. New shopping and leisure developments will be allowed in these centres provided that the use is appropriate in relation to scale and function of the centre. The site in question has an established use as a café and food sales area and a further condition of the 2011 planning permission restricts the use of the area of the building for other uses (i.e. not any other use within use class A3 such as a takeaway or public house). I consider that the main issues for consideration relate to the impact of the longer opening hours upon the amenity of the neighbouring occupiers in this mixed use area. Whilst defined as a DSC, the property is located in a mixed use commercial and residential area. The predominant commercial uses are A1 retail such as a fine foods shop, convenience store and hair dressers. Opening hours of these uses would tend to cease around 1700 – 1800 hrs, apart from the convenience store which may open later. There are other uses within Holt such as public houses and a takeaway which may open later, but these fall outside the DSC. Whilst the use of the building falls within class A3, the existing planning permission restricts the use of the premises to a small scale café for the sale of food on the premises. For this reason, I consider that there is limited opportunity for noise generation to occur that would be detrimental to the amenity currently enjoyed by the neighbouring occupiers. I also consider that the character of the use of the building in accordance with these proposed times is compatible and comparable with the designation of The Cross as a DSC in planning policy terms. Other similar scenarios elsewhere in Holt where service establishments sit adjacent to residential properties such as the Peal o Bells public house and the Tava Indian restaurant and takeaway also exist.


The application site is flanked either side by residential properties. An external seating and eating area has established immediately to the front of the shop unit but this does not fall within the application site or the original permission. Should members resolve to grant the extended opening hours, the application does not consider the use of that frontage area on the pavement. The ongoing use of this external seating area will be investigated with the applicant as a separate matter. Highways: Highways have raised no concern regarding the proposal. Whilst I note the representations made regarding evening parking provision on The Cross for residential occupiers, there are adequate dedicated parking provisions made some 150 metres from the site. The granting of planning permission does not absolve customer’s responsibilities to park in accordance with the law and given the proposal is a short distance from a public car park there is little reason to justify not granting planning permission on highway safety grounds. Conservation: The property is located within the commercial centre of the Holt Conservation Area. There are no physical alterations proposed to the building and the continued operation and occupation of the building is considered to enhance the vitality of this location. I consider this proposal would preserve its character. Other matters: The operational behaviour and their non-compliance with planning law of a previous occupier of the unit is not a material consideration and cannot be used to justify a reason for refusal. CONCLUSION I am satisfied that the continued use of the building as a café/restaurant with amended hours until 2300 hrs would not result in harm to the neighbouring occupiers of the site outside the character of a District Shopping Centre. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the premises shall be used except for the precise purposes described in the application plans and documents. 2. The development shall only be carried out in accordance with the details shown on the approved drawing(s) dated 22 June 2011 as contained within the application documentation. 3. Commercial usage of the driveway onto Cross Street shall be confined to the period of 0700 to 1800 on weekdays and between the hours of 0700 and 1200 on Saturday. There shall be no commercial usage on Sundays or public holidays.


4. The premises shall not be used as a hot food takeaway or food manufacturing premises. 5. No use shall be made of the cafe before 0830 or after 2300 on any day. 6. No external alterations shall be carried out without the prior permission of the Local Planning Authority. 7. Within 3 months of the date of this permission, details of the means of ventilation for the extraction and dispersal of cooking smells, including details of its method of construction, odour control measures, its appearance and finish have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to first use of the development and shall thereafter be permanently retained in an effective condition. 8. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at 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. REASON(S) 1. To protect the amenities of the occupiers of nearby properties. 2. To ensure that the development fully complies with the appropriate policies and standards. 2. To protect the amenities of the occupiers of nearby properties. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. 5. To protect the amenities of the occupiers of nearby properties. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To protect the amenities of the occupiers of nearby properties. 8. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT The applicant is advised that the Council is not in receipt of details required by condition no. 8 of planning permission P/2011/0432. Condition no. 7 of this planning permission reflects this and you are advised to contact the Council's Public Protection section on 01978 813700 for details regarding a suitable specification. The use of the pavement area in front of the premises as an external seating and eating area is not authorised by this permission, and this area forms part of the highway. You are advised that this permission does not authorise the use of other external areas within the area as edged blue as part of documents submitted with P/2011/0432 to be used in connection with the retail use as a café. The area is strictly limited to the red edged area only. ______________________________________________________________


APPLICATION NO: P/2015 /0490 COMMUNITY: Gresford WARD: Marford & Hoseley

LOCATION: 34 WOODRIDGE AVENUE MARFORD WREXHAM LL12 8SU DESCRIPTION: TWO STOREY SIDE EXTENSION APPLICANT(S) NAME: MR SIMON PRITCHARD

DATE RECEIVED: 28/06/2015 CASE OFFICER: SEH AGENT NAME: CHESHIRE DESIGN MR MIKE NEVITT

______________________________________________________________ THE SITE

PROPOSAL As above.

HISTORY P/2007/0033 Rear kitchen and first floor bedroom extensions. Granted 21/02/2007 P/2007/1081 Rear kitchen and first floor bedroom extensions (amendments to (P/2007/0033). Granted 31/10/2007

Proposed Extension

Garage


DEVELOPMENT PLAN Within defined settlement limit. UDP Policies PS2 and GDP1 apply. Local planning Guidance Notes No. 20 ‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS Community Council: Consulted 13/07/2015 Local Members: Notified 13/07/2015 Site Notice: Expired 10/07/2015 Other Representations: 1 letter received. The development will reduce the

gap between the dwelling and the neighbouring bungalow to just 1.9 metres (from 3.5 as existing). As such permission should be refused.

SPECIAL CONSIDERATIONS / ISSUES Background: Proposed is a two storey side extension to provide a utility room and garage on the ground floor, with ensuite bathrooms to the existing bedrooms above. The main issues to consider relate to the visual impact of the development and the impact upon local residential amenity. Design and Amenity: The proposal is to create a side extension which is just 2 metres wide extending back from the front elevation for the entire depth of the two storey part of the property. Matching materials will be used to ensure that the extension is in keeping with the character and appearance of the dwelling and the extension is of appropriate scale which would not over dominate the existing house, or adjacent bungalow. It is also noted that the proposal will be located alongside the neighbours existing garage. The proposal complies with the BRE 45 degree test for daylight and I am satisfied that there would be no detrimental loss of daylight to the neighbouring property. There will be no windows on the new side elevation and as such there will be no loss of privacy to the adjacent bungalow. A condition will be attached to prevent any windows being inserted into the side elevation in the future. CONCLUSION The proposal is of an acceptable scale and design and would not have a negative impact upon the visual amenities of the area. The development would not result in a significant loss of amenity to the neighbouring properties and complies with UDP policies PS2 and GDP1 as well as the guidance detailed within Local Planning Guidance Notes Nos. 20 ‘House Extensions’ and 21 ‘Space around Dwellings’.


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 materials matching those used on the existing building. 3. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the building facing north west. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property.


The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


APPLICATION NO: P/2015 /0491 COMMUNITY: Llay WARD: Llay

LOCATION: MOORFIELD 148 GRESFORD ROAD LLAY WREXHAM LL12 0NW DESCRIPTION: OUTLINE APPLICATION FOR THE ERECTION OF 1 NO. 4 BEDROOM DETACHED DWELLING AND FORMATION OF VEHICULAR ACESS APPLICANT(S) NAME: MR JOHN THOMAS

DATE RECEIVED: 06/07/2015 CASE OFFICER: MP AGENT NAME: HDS ARCHITECTURAL SERVICES MR CARL HUGHES

______________________________________________________________ P/2015/0491 THE SITE

PROPOSAL As above. Approval is being sought for access and layout. Appearance, landscaping and scale are reserved for subsequent approval.

Application site and approximate position of proposed dwelling


HISTORY P/2005/0519 Outline application for erection of single two storey

dwelling. Construction of new vehicular and pedestrian access. Withdrawn.

P/2006/0015 Outline application for erection of single two storey dwelling. Construction of new vehicular and pedestrian access. Refused 13.2.2006.

DEVELOPMENT PLAN Within settlement. Policies GDP1, H2 and T8 apply. CONSULTATIONS

Community Council: Consulted 13.7.15. Consulted about amended plans 27.7.15.

Councillor Terry Boland: Notified 13.7.15. Notified about amended plans 3.8.15 Councillor Robert Walsh: No observations Public Protection: Recommend conditions regarding investigation for

potential contamination and submission of remediation measures.

Highways: The site is located on a classified road subject to a 30mph speed limit. Welsh Government guidelines recommend visibility splays measuring 2.4 x 43 metres in both directions which is achievable from the proposed access. Adequate parking is proposed. Conditions recommended.

Welsh Water: Conditions recommended. NRW: Standard advice applies. Recommend Council’s

Ecologist is consulted regarding potential impact upon bats.

Site Notice: Expired 6.8.15 Neighbours: The owners/occupiers of 3 nearby properties notified

16.7.15. 1 objection received expressing the concerns: Loss of light. Request a wall or fence be erected to mark the boundary of the new development to mitigate any noise during construction. The neighbours were notified about the submission of amended plans on 27.7.15

SPECIAL CONSIDERATIONS Policy: Subject to complying with policy GDP1 in respect of access, siting, design and the impact upon neighbouring properties the erection of a dwelling on the site accords with policy H2. Layout: The layout plan initially submitted proposed a dwelling set back into the site much further that than either of the two adjacent plots with parking


and turning to the front. This would have had a detrimental impact upon the standard of amenity afforded to the occupiers of no.146 Gresford Road, particularly as the ground level of that property is around 1m lower than that of the application site, as well as being at odds with the general layout of development along this part of Gresford Road. The position and footprint of the dwelling have been amended to address the issues mentioned above. The dwelling will now have a similar set back from the highway to that of adjacent properties with a driveway provided alongside and a turning space to the front. Amenity: I am satisfied the development will not result in the occupiers of no.146 Gresford Road suffering significant loss of light nor will the development prove overbearing. No.148 Gresford Road has three windows facing the application site, a kitchen window and windows serving a hall and landing. The latter are not classified as habitable rooms and therefore a reduction in light will not adversely impact upon the standard of amenity afforded to the occupier of that property. Whilst LPG21 advises that kitchens are considered to be habitable rooms the kitchen of no.148 is relatively small and I consider it to be a functional space rather than a habitable room. In any case, the position of the proposed dwelling is such that it kitchen will still receive a reasonable amount of daylight. The existing outlook from the kitchen window is dominated by an approximately 2.5m high hedge between it and the application site. Whilst the proposed dwelling will be higher than the hedge it will not impact upon the outlook from the kitchen to the extent that it proves overbearing. The dwelling is far enough away from other properties that it will not adversely impact upon the amenity afforded to their occupiers. The proposed dwelling will have a rear garden of around 120 square metres which is sufficient to provide future occupiers with an adequate standard of amenity. Design: The appearance of the dwelling will be considered at reserved matters stage. The layout and footprint of the dwelling and the size of the plot are broadly consistent with adjacent properties so the development will not detract from the existing street scene. Highways: Planning permission for the erection of a dwelling on this site was previously refused in 2006 because it was not possible to provide a vehicular access with adequate visibility to the south-east. At that time the speed limit along this part of Gresford Road was 40 mph resulting in a requirement for visibility splays of 120 metres. The speed limit has subsequently been reduced to 30mph and as a result the visibility splay requirements are now 2.4 metres x 43 metres. Highways have


confirmed that these splays are achievable therefore the proposed site access will not adversely impact upon highway safety. The LPG16 maximum parking provision for a 3 bedroom dwelling is 3 spaces. The layout plan makes provision for 3 off-street parking spaces along with a turning area. Ecology: The development will not require the alteration or demolition of any existing buildings nor will it require the removal of any mature trees. As such it will not result in the loss or interference with bat habitat so is unlikely to adversely impact upon the favourable conservation status of bat species. Other Matters: I note the request by the objector for a fence to be erected along the boundary to reduce the impact of construction noise however a normal garden boundary fence is unlikely to be particularly effective in this regard. It would also be unusual for permanent boundary treatment to be erected before construction works are complete. A condition that limits the times when construction works can take place is, in my opinion, likely to be a more effective way to reduce the risk of construction works adversely impacting upon residential amenity. CONCLUSION The development accords with UDP policies GDP1, H2 and T8. 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 scale of the building(s) b. the 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 approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Alternatively, gas protection measures should be installed in all new buildings. A methodology of these works (including specification details, design plans, installation, inspection and validation details etc.) should be


submitted in writing to the Council for approval prior to any works commencing on site. 5. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 04 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 6. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 7. The vehicular parking and turning areas as shown on approved drawing(s) No(s). JTT/NB/00 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 8. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 9. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2 11. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. To ensure that adequate visibility is provided at the proposed point of access to the highway. 7. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.


8. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 9. In the interests of highway safety. 10. In the interests of highway safety. 11. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to cross the verge at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council - telephone number 01978 729696. 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. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent


treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


APPLICATION NO: P/2015 /0501 COMMUNITY: Rhos WARD: Pant

LOCATION: FORMER SAINT JOHNS CHURCH CEMETERY ROAD RHOSLLANERCHRUGOG WREXHAM LL14 2BP DESCRIPTION: CHANGE OF USE OF FORMER CHURCH (USE CLASS D2) TO FIVE RESIDENTIAL UNITS (USE CLASS C3) WITH ASSOCIATED PARKING APPLICANT(S) NAME: MR & MRS S & C MCAULEY

DATE RECEIVED: 30/06/2015 CASE OFFICER: SEH AGENT NAME: PATERSON MACAULEY & OWENS MR GEOFF STOTT

______________________________________________________________ THE SITE

PROPOSAL As above.

Application site


HISTORY ENQ/2013/0130 Change of use of

former church to single dwelling

PLG REQUIRED

16/4/2013

P/2011/0122 Creation of new vehicular access driveway and parking/turning area

GRANTED 29/03/2011

P/2010/1025 Listed building consent for removal of section of stone wall and creation of new vehicular access and parking area and relocation of 7 no. Grave headstones

WITHDRAWN 19/01/2011

P/2010/1038 Creation of new vehicular access, driveway and parking area


P/2011/0123 Consent for removal of section of existing stone wall and creation of new driveway and parking/turning area

GRANTED 11/04/2011

P/2014/0695 Conversion of former church to form 6 residential units and external works to form parking area and vehicular access from cemetery road




P/2015/0502 Listed building consent for conversion to provide five residential units

PENDING


DEVELOPMENT PLAN Inside settlement limit. UDP Policies PS1, PS2, PS3, PS4, GDP1, H2, EC6, EC9 and T8 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’, 21 ‘Space around Dwellings’ and 32 ‘Biodiversity and Development’ are also relevant. CONSULTATIONS Community Council: The original vehicular access application

(P/2011/0123) stated that 7 headstones would be removed to form the splayed access. The plan submitted now shows the relocation of only 4 headstones to beyond the parking area. The removal of the headstones should be carried out sympathetically in view of the delicateness of the matter and carried out under strict supervision. Concerns were raised that the access development is of only a shallow nature, care should be taken when materials are delivered to allow the development to take place.

Local Member: Notified 14/07/2015 Highways: No objection subject to recommended condition (see

special considerations below). PP: No objection subject to recommended conditions. WW: No objection subject to recommended conditions

relating to the submission of a comprehensive drainage scheme to be obtained for their approval by condition.

NRW: No objection Site Notice: Expired 05/08/2015 Neighbours: Notified 14/07/2015 SPECIAL CONSIDERATIONS/ISSUES Proposal: It is proposed to convert the listed building to incorporate 5 no. 2 bedroom residential units. The internal layout proposed is acceptable to meet modern standards of living. All matters relating to the alterations and their impact upon the listed building will be considered as part of the listed building consent application (P/2015/0502) which is also on this agenda. Adequate daylight is available to all habitable spaces and proposed is both internal recreation space in the former Nave and some communal outdoor space to ensure a good standard of amenity for the future occupiers of the development. No detrimental impact upon the residential amenity of the occupiers of the closest existing properties in terms of loss of light or overlooking.


Highways: 10 no. onsite parking spaces have been proposed for the residential use which is in accordance with the standards required by LPGN 16. A condition should be attached to secure the provision of this parking, and there are no objections to the proposed change of use have been raised by the highway authority on highway safety grounds. The new vehicular access to the site already has the benefit of planning permission (P/2011/0123) and I do not intend to revisit the principle of the establishment of this access as part of this application. Relocation of headstones: Proposed as part of this application is the relocation of 4 headstones which is in addition to the 7 headstones to be relocated as part of the implementation of the vehicular access already approved as part of planning permission ref: P/2011/0123. A total of 11 headstones will be relocated within the grave yard. There is no reason for me to require specific supervision of the relocation works and this is covered by separated legislation. CONCLUSION The proposed residential units will not increase the intensity of use of the building to a significant level above the existing use of the building as a church, and as such there would be very little impact if any upon the amenities of local residents or upon highway safety. The proposed development which is largely restricted to internal works is acceptable in terms of scale and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the premises shall be used except for the precise purposes described in the application plans and documents. 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 4506 L03 Rev A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 5. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. 4506 L03 Rev A. 6. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary.


7. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 8. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises 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 provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To ensure that the development fully complies with the appropriate policies and standards. 6. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 7. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 8. To protect the amenities of the occupiers of the adjoining dwelling. NOTE(S) TO APPLICANT 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. You are advised that this permission does not in itself authorise the relocating of the headstones as shown on the plan. You should ensure that these works are carried out in accordance with the burial laws of England and Wales.

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


The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


APPLICATION NO: P/2015 /0502 COMMUNITY: Rhos WARD: Pant

LOCATION: FORMER SAINT JOHNS CHURCH CEMETERY ROAD RHOSLLANERCHRUGOG WREXHAM LL14 2BP DESCRIPTION: LISTED BUILDING CONSENT FOR CONVERSION TO PROVIDE FIVE RESIDENTIAL UNITS APPLICANT(S) NAME: MR & MRS S & C MCAULEY

DATE RECEIVED: 30/06/2015 CASE OFFICER: SEH AGENT NAME: PATERSON MACAULEY & OWENS MR GEOFF STOTT

______________________________________________________________ THE SITE

PROPOSAL As above.


HISTORY ENQ/2013/0130 Change of use of

former church to single dwelling

PLG REQUIRED

16/4/2013

P/2011/0122 Creation of new vehicular access driveway and parking/turning area

GRANTED 29/03/2011

P/2010/1025 Listed building consent for removal of section of stone wall and creation of new vehicular access and parking area and relocation of 7 no. Grave headstones


P/2010/1038 Creation of new vehicular access, driveway and parking area


P/2011/0123 Listed building consent for removal of section of existing stone wall and creation of new driveway and parking/turning area

GRANTED 11/04/2011



P/2015/0501 Conversion of former church to form residential units and external works to form parking area and vehicular access from cemetery road

PENDING


DEVELOPMENT PLAN Inside settlement limit. UDP Policy EC9 applies. CONSULTATIONS

Community Council: No objection to the conversion works. The original vehicular access application (P/2011/0123) stated that 7 headstones would be removed to form the splayed access. The plan submitted now shows the relocation of only 4 headstones to beyond the parking area. The removal of the headstones should be carried out sympathetically in view of the delicateness of the matter and carried out under strict supervision. Concerns were raised that the access development is of only a shallow nature, care should be taken when materials are delivered to allow the development to take place.

Local Member: Notified 14/07/2015 WACS: Consulted 14/07/2015 SPAB: Consulted 14/07/2015 Georgian Group: Consulted 14/07/2015 CPAT: Photographic survey required. RCAHMW: St John’s Church was listed for its special interest as

a mid-C19th Romanesque revival church designed by Thomas Penson. The church is deteriorating and proposals for repair and reuse are in principle to be welcomed. All conversions involve compromises and the present scheme (with the atrium) appears to respect the surviving period detail. The design and access statement says that ‘many of the original features are either to be retained or relocated’. It is important that from the outset there is clarity about what is to happen to internal fitting, including the stained glass, bells, font, memorials etc. Given the importance of this church, it is appropriate to require as a condition of consent that the applicant makes a high quality photographic survey of the church before alteration.

DHS: Consulted 14/07/2015 Victorian Society: Consulted 14/07/2015 AMS: Consulted 14/07/2015 CBA: Consulted 14/07/2015 Press Notice Expired 07/08/2015 Site Notice: Expired 05/08/2015 Neighbours: Notified 14/07/2015


SPECIAL CONSIDERATIONS/ISSUES Background: St John’s is a grade II listed building recognised as being a good example of a Romanesque revival church. The heritage significance of the building is an accumulation of the evidential, aesthetic, historic and communal values associated with or gained from the building. It is therefore important that any adaptation or re-use positively conserves these values. The building has been vacant for a number of years and is identified as being vulnerable to risk of neglect and decay on a recent condition survey of listed buildings in the Borough. Proposal: The application submitted is for the repair to the building’s fabric and for change of use to provide 5 apartments. The submission has been subject to lengthy pre-application discussions and represents an amendment to the previous applications withdrawn in 2014. The scheme has been carefully re-considered to provide a viable and sensitive solution to the re-use of this Grade II listed building. The building has suffered from a severe outbreak of rot which has destroyed much of the interior of the church prior to the current owners purchasing the property. The outbreak has unfortunately led to the significant decay of a large amount of the original timbers and fixtures to such an extent that they are beyond repair and retention. This has resulted in the loss of the organ, choir stalls, timber flooring, nave screen and several pews. The loss of such features gives some lee-way in relation to the sub-division of the internal space in this instance and has supported a more unusual approach to the provision of the residential units which are to be housed within timber frames structures erected in the nave and the north and south transepts which are independent to the walls of the church set in around 850mm to 900mm. The scheme presented has merit in its approach to the conservation of much of the original building shell. The works are potential reversibility through the concept of having an almost independent internal structure within the space. The number of units to be provided has reduced from 6 to 5 with the proposed unit within the former chancel area now deleted. This has addressed previous concerns regarding the impact upon the open character of the internal space. Removing this unit within the chancel will allow for a greater appreciation of this former space, retaining more of the open character and the intended focus on the main worship space as well as ensuring the original design features including stained glass window by H Walter Lonsdale, stepped access and tiled floor are unaffected. CONCLUSION The proposed works to allow for the conversion to take place are acceptable in terms protecting the character of the listed building. Careful design of the alterations has ensured that any damage to the intrinsic character of the building is avoided, and the building’s historic integrity will be safeguarded. The works to the listed building will allow for the upgrading and re-use of a building and I recommend therefore that listed building consent is granted.


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

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The works hereby granted consent shall be commenced before the expiry of five years from the date of this consent. 2. The works granted consent shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered: 4506 S01 4506 S02 4506 S03 4506 S04 4506 S05 4506 S06 4506 P07 Rev A 4506 P06 Rev A 4506 P05 4506 P04 4506 P03 4506 P02 Rev A 4506 P01 Rev C and as contained within the application documentation. 3. No new pipework, extracts, meter boxes, flues, vents or ductwork shall be fixed to or formed through the external walls or roofs of the building until their exact position, type, number and finish has been submitted to and approved in writing by the Local Planning Authority. Works shall only be carried out in strict accordance with such details as approved. 4. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no. 01938 553670). 5. Prior to commencement of the works hereby approved a site meeting between the Council's Conservation Officer and the Contractor shall take place in order to determine the extent of repair and replacement of the historic fabric. The applicant/contractor shall give the Council's Conservation Officer no less than 5 working days’ notice in writing of this meeting. 6. All roof lights hereby approved shall be 'conservation type' only fitted flush with the adjoining roof surface. 7. All new and replacement rainwater goods shall be cast iron only.


8. All re-bedding and re-pointing works shall be carried out using a lime based mortar only. The Council's conservation officer shall be given 5 days’ notice in writing of a meeting on site to approve the mix and finish. Works shall only be carried out in strict accordance with such details as are approved. 9. No works to the render or plaster finishes shall take place until a specification, which includes full details of the mix, finish and extent of new or replacement works, has been submitted to and approved in writing by the Local Planning Authority. Work shall only be carried out in strict accordance with the details as are approved. 10. Prior to their installation within the building details of new and replacement lighting to the internal communal area including central atrium, former chancel and former organ area shall be submitted to and agreed in writing with the Local Planning Authority. The details shall include the number of lights proposed, their position, method of fixing and the design (material, size and finish). 11. Prior to installation within the building details of the proposed internal storage unit within the former organ area shall be submitted to and approved in writing by the Local Planning Authority. The details should include the size, height, materials, any method of fixing to the existing structure and any proposed decorative or protective finishes. 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 development is carried out in a manner that reflects the existing character and appearance of the Listed Building 4. To provide for a record of a building or buildings of local architectural or historic interest 5. To protect the integrity of the Listed 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. 8. To ensure the works reflect the character and appearance of the building. 9. To ensure the works reflect the character and appearance of the building. 10. To ensure the works reflect the character and appearance of the building. 11. To ensure the works reflect the character and appearance of the building.


NOTES You are advised that this consent does not in itself authorise the relocating of the headstones as shown on the plan. You should ensure that these works are carried out in accordance with the burial laws of England and Wales.

______________________________________________


APPLICATION NO: P/2015 /0513 COMMUNITY: Glyntrian WARD: Ceiriog Valley

LOCATION: CAE MOR LLWYN MAWR PONTFADOG LLANGOLLEN WREXHAM LL20 7BE DESCRIPTION: ERECTION OF FREE RANGE EGG PRODUCTION UNIT, ACCESS IMPROVEMENTS AND ASSOCIATED WORKS (16,000 BIRDS) APPLICANT(S) NAME: E & J MORRIS

DATE RECEIVED: 08/07/2015 CASE OFFICER: JS AGENT NAME: ROGER PARRY & PARTNERS LLP MR RICHARD CORBETT

______________________________________________________________ THE SITE The site is located within the Glyn Ceiriog valley area, although it is located on the south side of the valley.

PROPOSAL As above. HISTORY None.

Application site

Cae Mor Farm – owned by the applicant


Cae Mor and adjoining farm buildings are Grade 2 listed buildings. The farmstead has been subject to various planning permissions and listed building consents. The site is near to two public footpaths – PROW 25 is about 75m to the north of the site, and PROW 22 is located south of the site, and this is much closer. DEVELOPMENT PLAN The site is outside any settlement limit and within a special landscape area. Policies PS2, GDP1, EC3, EC5, EC6, EC13 and T8 apply. The site is within sub area 4 Ceiriog Valley in the Council’s adopted LANDMAP Special Planning Guidance, and this area is identified as scenic, tranquil and steep-sided valley enclosed by spurs of the Berwyn mountains, with hillside farms, wooded and farmed slopes, and small villages along the River Ceiriog. Some of the key characteristics are seen as: Scattered stone-built farms reached by steep winding lanes, high quality landscape, the result of sense of peace and tranquillity as well as the scenery. Its landscape sensitivity is given as follows: The Ceiriog Valley is sensitive to any changes which might affect its rural character and tranquillity, and it is vulnerable to pressures from nearby centres of population. CONSULTATIONS Community Council: Objects. Cae Mor was run as a small farm until 20 years

ago, and it has been sold, and existing farm buildings have been converted to enlarge the house and the grazing let out to local farmers. The applicants also own Pentreclawdd Farm, and this is on outskirts of Oswestry (approx. 7 acres) and here the land has been diversified with a caravan site, camping pods and growing and selling Christmas trees. This is where the chicken manure will be carried to. A similar but smaller egg production business based in Tregeiriog ceased business after a few years. The owner confirmed that the free range chickens are noisy and smelly and chicken manure should be stored for 12 months before spreading on the land due to high ammonia content. There are no other similar intensive farming practices in the Ceiriog Valley. The application contains several discrepancies. The community council supports farm diversification, but this is farming on an industrial scale. Local road infrastructure is not maintained to a good standard, and roads are too narrow. The building is not located close to existing farm as confirmed by TAN 6. It is some distance away and in the middle of a field.

The field slopes (1:20) but no information has been supplied to show how it will sit within the landscape.


Run-off will affect the river below the site, and other

pollution concerns Ecology impacts have not been assessed correctly.

There are bat roosts within close proximity PV panels on the roof will be very visible – to reflect

sunlight across the valley. The proposal will not provide any employment

opportunities or other benefits for the local economy Photos of the site are included – to show how visible the

site is from surrounding locations, and how dark the area is at night.

Local Member(s): Notified 14.7.15 Welsh Water: Consulted 14.7.15 Natural Resources Wales: No objection. Wash down tank must comply with

Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regs 2010. The proposal will not affect any protected ecological sites or species, but recommendation of 4.3 of ecology report should be adhered to regarding the lighting scheme. Importation of inert waste for the works must be registered with NRW.

Highways: Consulted 14.7.15 Site Notice: Expired 11.8.15 Press Notice: Expired 28.8.15 Other Representations:2 neighbours notified, and 20 letters of objection

received, raising the following issues: Although local farms need to develop their business and

farming in general, but this raises some issues. Cae Mor has not been operated as a farm for some years (20 years). The property has been sold, and the grazing land was let and farm buildings were re-developed into residential property. The applicants sold the best agricultural land that was part of the original holding, and the applicant’s activities at Cae Mor are not agricultural.

Although RSPCA freedom food stds are to be followed, but the building is not large enough, and the stocking rate of 800 birds per acre implies that 20 acres would be needed for 16000 birds. A multiple of at least 2 x 20 acre paddocks would be needed to allow good pasture management, and the site area I sonly 25 acres and it would appear that only 10000 birds could be humanely kept on site.

Might be issues of noise and smell. Details are too general

It is unclear what will happened to the washings or waste water from the shed

The number of fans for the building is unclear. Manure management information is lacking. The use of the land will move from low impact sheep

grazing to high input intensive poultry unit of 16000 hens.


Traffic will involve a higher volume than before, along

B4579 (both directions). The documentation suggests that 18 ton lorries from Wynnstay Feeds and unspecified sized vehicles for egg collection will be involved, etc. This will involve a minimum of 312 journeys based on agent’s figures. The route is not ideal. The Selattyn route is mentioned but the egg packers are in Ruabon, and the shortest route is the other direction. Selattyn route is affected by the staggered junction next to the primary school, and this is narrow.

The access point will be dangerous due to visual obstructions.

The approach roads are susceptible to bad weather. During the winter season the area has limited access due to the elevation of the site. The B5400 provides the main link to surrounding areas, and in March 2013 surrounding properties were isolated for 10 days. Large modern tractors with snow chains were not able to gain access, and only 4x4 with chains can use the area. Unclear how manure and egg collection and feed delivery will be made during those times. The vehicles will cause even more blockages to drains at the side of the roads.

Visual impact will be unacceptable. It will be seen from one of the most attractive entry points into the Glyn Ceiriog valley. The location is not acceptable. Scale too large

The proposal will impact the setting of adjacent listed buildings.

The visual impacts will not be mitigated by the proposal. No proper visual impact assessment has been submitted

Considerable ground works are required, and it is unclear that the ground is suitable for underground tanks.

It will cause groundwater disturbance. Several springs are located in the nearby area.

Potential light pollution from security lights. This side of the valley is very dark.

Unacceptable environmental impacts Ecological impacts. The area supports a farm more

diverse range of species than the ecological report suggests. There is a colony and roost of bats and these are less than 700m from the proposal. The area supports nesting owls and raptors. The development will increase predators. Surveys were not carried out at optimal time of the year. Area is rich with wildlife

Impact on tourism. The area have been developed for this, and the B4579 is part fo the cycle route system and its used by horse riders who criss cross the road to access the myriad of bridleways. The area is a jewel in


the crown for Wrexham County B C and this will only damage the beauty of this special place.

Not suitable or sustainable. The site is a long distance from the current farm buildings. Agricultural buildings should be close to existing farmstead as this reduces the risk of theft and vandalism. The distant location could mean that this enterprise could be sold separately and this will result in a need for a further dwelling at this location.

Two full time workers are proposed and yet, the applicants are both employed in other businesses in the area; one as owner, director and major shareholder of a local construction company and running another farm business at Pentreclawdd Farm, Oswestry, along with the second applicant – running caravan park and glamping pods, and Christmas trees. Perhaps the enterprise should be located at the other location. The Christmas tree business is not part of this farm as this is located several miles away.

No details of surface water drainage have been submitted. Water quality could be affected.

The implication of biohazards has not been considered. It is unclear whether the facility will prove financially

viable, and there should be plans to return the site to agricultural land if the business fails

The building is poorly sited It is poorly sized in terms of the correlation between size

and purpose. Too many unanswered items. Contrary to various planning policies The valley was described by Lloyd George as being a

‘little piece of heaven on earth’ during a campaign to prevent the valley from being flooded for water supply.

The removal of vegetation by hens by their habitual and continuous scratching will leave a persistent scar on the otherwise green landscape. The areas’ character and beauty was shaped by pastoral farming over hundreds of years. The land is an area of thin, clay based soils overlying slate and shale, subject to high rainfall and snow. Snow persists because of north facing slope. The use to have any long term success should be located in a low altitude position, to have any chance of long-term usefulness. The development is financially risky. Risks of bird flu and its spread into the local wide bird population 3 letters of support has been submitted. One is from Oakland Farm Eggs, and they operate a packing station in Ruabon. They confirm that they work with farmers.


The second letter is from Wynnstay agricultural supplies, and they confirm that they have no problems accessing the route for their business. It is likely that the feed would be delivered on 8 wheeled rigid body vehicle, and the deliveries are during the day. The need to diversify is important. It will help retain jobs for the business. The other letter is from a local resident, who confirms that everything the applicants do is very tidy and they also employ a lot of people from the valley

SPECIAL CONSIDERATIONS Details: The application contains very limited information regarding finished levels and ground works and other items which are likely to be required to accommodate the agricultural proposal and building at this location. The site is located on sloping land, and the building will need to be located on this slope. At this stage no information has been submitted to confirm finished floor and land levels, and how this relates to existing ground levels. The site area is also described to be 1,395 square metres but the site as edged red is actually 2.31 hectares. Other information is also missing or unclear, or there are discrepancies between the application form and the Design and Access Statement, or information is somewhat ambiguous. The application also makes broad assertions but this information is not sufficiently backed up with information to help support those comments. Further information has been requested from the developer, and some information as mentioned on the application form has been received but this does not address the items of concern. Policy: Although TAN 6 provides general support farm diversification proposals, the information as contained as part of this application is inadequate to assess the environmental implications of this actual proposal. The Wrexham Unitary Development Plan e.g. Policy EC3 also confirms that new agricultural buildings are permissible, but they are not supported if they materially detrimental in terms of their impact on the landscape. The site is not immediately adjacent to the existing farmstead buildings, and it occupies an isolated location. Isolated buildings are only permitted in exceptional circumstances, where essential for the agricultural need. This need has not been explained in sufficient detail. Additionally the landscape impacts are not certain or clear, and the scale of the proposal is significant, and substantially larger than the type of other agricultural buildings in the locality. The impacts of this building must be fully known before allowing a substantial isolated building with an area having a special landscape quality.


Policy EC5 of the UDP also confirms that the priority for those special areas is conservation and enhancement, and special attention needs to be paid to minimising the buildings visual impact both from nearby and/or distant viewpoints. Based upon current information, there is a real risk that the landscape will be harmed by this proposal. Other items: A number of local residents have raised concerns about the scale of the operation with regards to odour, manure management, noise etc. Some of these items could be controlled by planning conditions. Traffic generation has also been raised as an issue because the approach roads are not very suitable for further traffic. Although this is a concern for local residents, this could prove difficult to sustain as a formal objection. The site is located close to a B classified road, and therefore the road will be expected to take a variety of traffic including agricultural lorries, etc. Most traffic in connection with the development is unlikely to approach the site using the main valley road within Glyn Ceiriog, and they are more likely to go south via Selattyn. As a result the adjoining local authority has been consulted regarding the development, and should any representations be received, those matters will be reported in the addendum. CONCLUSION In the absence of sufficient information as part of the application, the justification for allowing the isolated agricultural building as an exception is not clear, and the proposal represents a very large building within the countryside which is not consistent with the established character of the special landscape area. It is also noted that there is also a lot of public opposition regarding the scale of the development, and some of those concerns are justified in the absence of suitable information. Ordinarily this application would have been submitted for a refusal under delegated powers, but in this instance this is not possible.

RECOMMENDATION: That permission be REFUSED REASON(S) 1. The application has been submitted with insufficient information to allow the impacts of the proposed development to be fully assessed in relation to its position within a sensitive rural location. To allow the development without consideration of relevant design information would be unsatisfactory and undesirable given the overall scale (in terms of size and form) of the agricultural building within the established character with the area. To proceed with this proposal would be contrary to policies GDP1 a), EC3 and EC5 of the Wrexham Unitary Development Plan, whereby the impacts of new agricultural development should not detrimentally harm the landscape, should conform to high standards, and should be designed to minimise its visual impact both from nearby and distant viewpoints. Acceptable impacts have not been proved or verified by this application.


2. The need for this very large and isolated agricultural building as part of diversification project for the Cae Mor farm holding has not been established by any significant factual information as part of the application documents. To allow the proposal would therefore be contrary to Policy EC3 of the Wrexham Unitary Development Plan because exceptional circumstances have not been proved, to allow this significant building as an exception to protecting visual amenities of the stablished rural character of the area. NOTE(S) TO APPLICANT The submitted application form and DAS confirms that up to 16000 birds are intended to use the building/site and the DAS confirms that 800 birds need 1 acre. The size of the site area is only 5.3 acres, and therefore the scale of the building is not justified for a smaller flock size. You are strongly urged to consider third party comments made in connection with this current application.


APPLICATION NO: P/2015 /0553 COMMUNITY: Minera WARD: Minera

LOCATION: AUTO KRAFT UNIT 35A FIVE CROSSES INDUSTRIAL ESTATE MINERA WREXHAM LL11 3RD DESCRIPTION: ERECTION OF CANOPY TO PROVIDE NEW SPRAY BOOTH AND ASSOCIATED PLANT BOOTH APPLICANT(S) NAME: MR LEE DAVIES

DATE RECEIVED: 17/07/2015 CASE OFFICER: MP AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD

______________________________________________________________ P/2015/0553 THE SITE

PROPOSAL As above.

Application site and proposed building


HISTORY P/2014/0821 Extension to existing industrial unit (front) to form undercover storage. Granted 23.12.14. DEVELOPMENT PLAN Within settlement limit. Policy GDP1 applies. CONSULTATIONS Community Council: The planning application has been completed in

retrospect. There is insufficient parking in this area of the industrial estate, this extension compromises further the existing lack of car park spaces.

Local Members: Notified 29.7.15 Public Protection: Recommend condition to limit the noise from any

air handling plant. Site Notice: Expired 21.8.15 Neighbours: The owners/occupiers of 2 nearby commercial

premises and 4 residential properties notified 31.7.15

SPECIAL CONSIDERATIONS Background: Planning permission for an extension to the existing building was granted on 23 December last year. The proposed extension would have occupied the site of the free-standing building subject to this application but was slightly larger than it (48 sq.m as opposed to 35 sq.m). Amenity: The extension will be to the side and front of the existing industrial unit, and it will be some 19 metres from the nearest dwellings. The building is not open sided towards residential property and there is an existing building in the intervening area. As a result I am satisfied that this is far enough away to not prove overbearing or give rise to significant loss of light or other amenity issues. The existing and proposed buildings will have a cumulative floor area of just under 150 sq.m. Given the relatively small size of the development it is unlikely to result a significant intensification of use of the site to the extent that the occupiers of the nearest dwellings will experience unacceptable levels of disturbance. Design: The proposals reflect the utilitarian appearance of the existing building and the neighbouring units. Parking: Based on LPG16 advice for B2 uses the maximum parking provision for the development is 1 space. The development will not increase parking demand to any greater extent than the development granted permission in December 2014.


When the previous application was submitted the area to be developed was in use for storage so the development would not have given rise to a loss of parking provision. Given that the development now proposed will occupy the same part of the site I am satisfied it will not reduce the availability of off-street parking spaces within the Five Crosses Industrial Estate. Other Matters: I note the comments made by the Community Council however the applicants have not erected the building subject to this application. A different prefabricated structure is currently being stored on the site. In any case if an applicant carries out works without the benefit of planning permission they do so at their own risk. CONCLUSION I am satisfied the development accords with policy GDP1.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building. 3. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday,


and at no time on a Sunday or a Bank Holiday. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________



LOCATION: LAND AT TREM DOLYDD CEFN MAWR WREXHAM LL14 3LR DESCRIPTION: OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (5 DWELLING WITH 2 BEDROOMS EACH) WITH ALL DETAILED MATTERS RESERVED FOR FURTHER APPROVAL APPLICANT(S) NAME: MR A LEWIS WREXHAM COUNTY BOROUGH COUNCIL

DATE RECEIVED: 28/07/2015 CASE OFFICER: MP AGENT NAME: WREXHAM COUNTY BOROUGH COUNCIL MRS SU EVANS

______________________________________________________________ P/2015/0576 THE SITE

PROPOSAL As above. All matters reserved. HISTORY P/2010/0241 Outline application for residential development. Granted 5.7.10

Trem Dolydd

Cae Gwilym Lane

Heol Graigfab

Bro Gwilym

Existing garages


DEVELOPMENT PLAN Within settlement. Policies PS2, GDP1, H2, CLF4 and T8 apply. The site also lies Pontcysyllte World Heritage Buffer Zone so policy EC11 applies. CONSULTATIONS Community Council: Supports the application. Councillor Derek Wright: Suggest these homes be bungalows as they would

look out of place with other homes in this location if they are 2 storey, due to the high grounds compared particular with the houses on Heol Graigfab.

Councillor David Taylor: Notified 31.7.15 Highways: The existing access into the site is considered

acceptable to cater for a limited number of additional dwellings subject to some minor improvements to footways, kerbs and street lighting. The proposed scheme retains 6 parking spaces for the existing residents and can provide adequate off-road parking for the proposed dwellings. Conditions recommended.

Education: Contribution needed for primary and secondary Public Protection: Consulted 31.7.15 Welsh Water: Recommends drainage conditions. NRW: No objection but have the following comments: Do not require any contaminated land condition to be

imposed but note the local authority Contaminated Land Officer request for condition relating to human health issues and ground gas;

The shaft (disused) marked on the OS Map should be fully investigated and advice from the Coal Authority sought on decommissioning;

No foul drainage details submitted, given the surrounding area is a housing estate we assume the foul water disposal will be to mains sewer. Please re-consult if this is incorrect;

The proposal is within or may affect the Clwydian Range and Dee Valley Area of Outstanding Natural Beauty.

HSE: Do not advise against planning permission being granted.

Site Notice: Expired 28.8.15 Neighbours: The owners/occupiers of 43 nearby properties notified

5.8.15. 1 objection received expressing the following concerns: Loss of view; Loss of green space; The site is regularly used by local children and by a youth activity group;


There is ample space for affordable housing on the Air Products and Flexsys site.

SPECIAL CONSIDERATIONS Policy: The site has previously benefitted from an outline planning permission granted in 2010 that has only recently expired. The indicative plans submitted then are that same as those accompanying the current application. There have been no changes in planning policy or other circumstances since 2010. The proposals will result in the loss of informal public open space so must be considered in light of policy CLF4. If policy CLF4 is satisfied then subject to complying with policy GDP1 in respect of access, siting, design and the impact upon neighbouring properties, the erection of a dwelling on the site accords with policy H2. Loss of open space: The development represents a relatively small loss in the amount of informal open space available in the Cefn Community Council area. Also as similar to the earlier planning permission, there is a substantial surplus of informal open space within the area. It is also noted that art of the site will remain as open space within the site adjacent to the dwellings will benefit from improved natural surveillance. The proposals therefore accord with policy CLF4. Layout and design: The illustrative plans propose a maximum of 5 bungalows located either side of an existing hard surfaced area. The layout broadly accords with the pattern of development in the locality and whilst neighbouring properties are two-storey, the site will be a distinct development so will not detract from the character of the area. It will be possible to develop the site in accordance Local Planning Guidance Note 21 therefore the proposals will not adversely impact upon the standard of amenity afforded to occupiers of neighbouring properties by way of loss of light, privacy or by being visually overbearing. Access and Parking: The access to the site can safely cater for the additional vehicular and pedestrian that will be generated by the development. There is adequate space to provide off-street parking for each of the dwellings and 6 spaces will be retained for use by existing residents. Garages: The development will require the removal of an existing garage courtyard. I understand that the garages are owned by the individuals who use them but that the land the garages are built on is owned by the Council. The removal of the garages would not be a concern from a planning perspective and is a matter for the owners of the garages and the Council, as landowner, to resolve independently of the planning process. The indicative plan suggests replacement garages will be built slightly closer to Cae Gwilym Lane than the existing garages. A condition will be attached to require the


reserved matters submissions to include details of the siting and appearance of the garages. World Heritage Site: The modest size of the development means that it will not have a significant or detrimental impact upon the setting of the World Heritage Site. AONB: This is a modest sized development that lies outside of and 150 metres from the AONB boundary. It will be viewed in the context of existing built development from within the AONB. I am therefore satisfied it will not adversely impact upon it. Loss of a view: There is no right to a view over land not owned by the occupiers of properties adjoining an application site. CONCLUSION The proposal accords with adopted UDP policies. 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 layout of the building(s) b. the scale of the building(s) c. the 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 approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Alternatively, gas protection measures should be installed in all new buildings. A methodology of these works (including specification details, design plans, installation, inspection and validation details etc.) should be submitted in writing to the Council for approval prior to any works commencing on site. 5. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no.


04 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 6. Development shall not begin until a scheme to address a shortfall in primary and secondary education provision has been submitted to and approved in writing by the local planning authority. The scheme shall include the following details i) details of measures to address the shortfall in primary education provision; ii) a timescale for the delivery of those measures. Development shall thereafter proceed in strict accordance with the details as approved. 7. The submissions made in respect of condition 01 shall include details of the location and layout of off-street vehicular parking and turning area(s). No dwelling shall be occupied until vehicular parking and turning area(s) for that dwelling has been be laid out, surfaced and drained in strict accordance with the details as are subsequently approved. The parking and turning area(s) shall thereafter permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 8. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 9. The details submitted in connection with condition 01 shall include full details of the layout, scale, appearance, means of access and the landscaping of the new garages shown on drawing 6685.L/(9) Revision B together with a timetable for the erection of the garages. 10. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. To cater for a shortfall in education provision in the locality 7. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 8. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system.


9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


APPLICATION NO: P/2015 /0577 COMMUNITY: Caia Park WARD: Queensway

LOCATION: LAND AT GWENFRO CAIA PARK WREXHAM LL13 8TN DESCRIPTION: OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (14 NO DWELLINGS WITH TWO BEDROOMS EACH) WITH ALL DETAILED MATTERS RESERVED FOR FURTHER APPROVAL APPLICANT(S) NAME: MR A LEWIS WREXHAM COUNTY BOROUGH COUNCIL

DATE RECEIVED: 28/07/2015 CASE OFFICER: SEH AGENT NAME: WREXHAM COUNTY BOROUGH COUNCIL MRS SU EVANS

______________________________________________________________ THE SITE A plot of land, measuring approximately 3,200 square metres at Gwenfro, Caia Park, currently used as public open space.

PROPOSAL

As above. All details matters are reserved for further approval.

Existing parking area to be retained

Application Site

Approximate position of goal posts


HISTORY P/2010/0221 Outline application for residential development. Granted 07/06/2010 DEVELOPMENT PLAN Within settlement limit. UDP Policies CLF4, PS1, PS2, PS3, PS4, PS11, H2, EC6, EC13, T8, GDP1 and GDP2 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’, 21 ‘Space around Dwellings’, 10 ‘Public Open Space’, 27 ‘Developer Contributions to Schools’ and 28 ‘Affordable Housing’ are also relevant. CONSULTATIONS

Community Council: The Community Council did originally object to the 2010 application and object again now for the same reasons. The loss of the play area and goal posts in such a densely populated area is unacceptable.

Local Member: The area was extensively re-modelled following the demolition of existing properties some time ago and as such the argument presented for undertaking the demolition was to ease some of the over development in the area and create some community green scape. Does this not apply anymore? As part of the re-modelling a set of goal posts have been installed and as such have become a significant part of the play space within the area utilised regularly by local children and young people. I have significant concerns about losing any play spaces within the area.

Highways: No objection subject to recommended conditions. Welsh Water: No objection subject to the protection of the public

sewer which crosses the site. NRW: No objections. Flood Officer: Prior to the determination of this outline permission

an indicative drainage proposal should be submitted to ensure that a feasible scheme for surface water management can be accommodated on site. This proposal should assess the suitability of the site for soakaway and an indication of the volume of any attenuation required on site to ensure no increase in surface water runoff when compared to its current condition. This will enable an appropriately worded condition to be included if permission is subsequently granted, with detailed drainage design being addressed as a reserved matter.


Public Protection: It is noted that the proposed development is within

250 metres of two former landfill sites known as The Dunks and Bala Road. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Alternatively, gas protection measures should be installed in all new buildings. A methodology of these works (including specification details, design plans, installation, inspection and validation details etc...) should be submitted in writing to the Council for approval prior to any works commencing on site.

Education: Contribution required for primary schools in the amount of £27,440. Site Notice: Expired 25/08/2015 Neighbours: One letter of objection received: Object to the loss of open space to make way for houses. SPECIAL CONSIDERATIONS/ISSUES Background: The Committee may remember granting outline planning permission back in 2010 (P/2010/0221) for the residential development of this site. This was one of a number of applications which was submitted in that year as part of a Joint Venture Initiative with the Welsh Assembly Government to provide affordable housing within Wrexham County Borough. This initiative was approved by the Council’s Executive Board on 19th November 2009. This partnership identified potential sites such as this one within Council ownership and will seek reputable experienced developers/builders and/or Registered Social Landlords (RSL) capable of delivering the maximum number of affordable housing units. Upon completion, ownership of the affordable housing units will transfer to RSL/RSLs to provide housing for social rent and low cost home ownership. The 2010 outline permission has now expired and this application is again in outline for residential development, with all matters relating to layout, design, appearance, landscaping and access reserved for the future. The main issues to consider remain the same as in 2010, and relate to the loss of public open space, and its impact on visual and residential amenities of the area. Surface water management is also a special consideration for the scheme.

Public Open Space: The application site is described within the Council’s most recent ‘Public Open Space Survey’ (2009) as Informal Playing Space (IPS). As advised within the same survey, there is a surplus of almost 23


Hectares of IPS within Caia Park and so the loss of just 0.32 of a hectare would not significantly detrimentally impact upon the recreational facilities in the area. There is also a surplus of 6.5 ha of informal open space within the Queensway ward. Consideration should also be given to the loss of open space proposed at St Giles Crescent which is also on this agenda (P/2015/0579) and the recent development at Glan Gors which is almost complete. The combined loss of the other sites would not result in a significant loss of informal open space given the overall surplus in the area, and a substantial surplus would remain. A condition will again be attached to any subsequent permission to secure the relocation of the existing goal posts. Welsh Water: No objection subject to the protection of the public sewer which crosses the site. Accordingly development should not be permitted within 3 metres of the public sewer, and the layout plan has not demonstrated that this can be achieved whilst the pipes remain in their current location. The applicant is therefore proposing to redirect the public sewer as part of this development, and the integrity of the new pipes will be protected. A condition will be attached to any subsequent approval which secures the pipe diversion and 3 metre exclusion zones. Surface water management: Prior to the determination of this outline permission an indicative drainage proposal should be submitted to ensure that a feasible scheme for surface water management can be accommodated on site. This proposal should assess the suitability of the site for soakaway and an indication of the volume of any attenuation required on site to ensure no increase in surface water runoff when compared to its current condition. This will enable an appropriately worded condition to be included if permission is subsequently granted, with detailed drainage design being addressed as a reserved matter. Residential Amenity: The layout remains the same as was previously approved by the planning committee in 2010. Adequate on-site parking and garden space together with safe and satisfactory vehicular access have been proposed, and separation distances in accordance with Council guidelines have been demonstrated. The development would not cause a significant loss of light or privacy to the existing surrounding properties. As this application is in outline only with all matters reserved for further consideration, these matters will be properly considered as part of the reserved matters application. Highways: The comments of the highway authority remain the same. The existing parking area will be retained, and each of the proposed dwellings will have separate designated on-site parking. Subject to the widening of part of the Gwenfro, and inclusion of 2 metre wide footways and some other minor improvements, there are no objections to the development.


CONCLUSION The proposal remains acceptable in terms of the impact upon local residential amenities and there would be no adverse impact upon highway safety. Development of this site would result in the loss of existing goal posts, however given the level of surplus of open space locally and the control over their relocation, I consider that the development of the site is acceptable. I have requested submission of an indicative surface water management plan which will enable an appropriately worded condition to be included if permission is subsequently granted, with detailed drainage design being addressed as a reserved matter. I therefore request delegated powers to determine the application once the management plan has been submitted and approved in consultation with the Council’s Senior Flood officer.

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 layout of the building(s) b. the scale of the building(s) c. the 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 approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. As part of the reserved matters application a scheme for off-road parking for each dwelling in accordance with Local Planning Guidance Note No 16 'Parking Standards' shall be submitted to and approved in writing by the Local Planning Authority. The scheme, to include adequate disabled parking facilities, as approved shall be fully implemented prior to first use of development and shall thereafter be permanently retained free of all obstruction and made available for the parking of vehicles at all times. 5. The contents of the amended indicative site plan no. 6673/L(9)01 Rev B as submitted in support of this application shall not be regarded as representing an approved site layout, and notwithstanding the details within the application documentation shall not be considered to confirm numbers of units. 6. Details of all of the proposed boundary treatments in and around the site shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The boundary treatments as are approved shall be fully implemented in strict accordance with the details as are approved prior to first use of the development.


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). 8. As part of the reserved matters application an addendum to the Design and Access Statement (DAS) approved as part of this application shall be submitted to and approved in writing by the Local Planning Authority. The DAS shall provide a clearly explained and linked design response to the contextual analysis of the site hereby approved in terms of accessibility; environmental sustainability; character; community safety and movement to, from and within the development. 9. No part of the development shall commence until the sewer which crosses the site has been diverted in accordance with a plan which shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. No development shall take place within 3 metres either side of the public sewer in its new position. 10. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 11. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 12. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 11 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 13. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements


for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 14. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 13. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 15. Prior to first use of the development a 2 metre wide footway shall be constructed along the entire site frontage opposite nos. 144 and 145 Gwenfro in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. 16. Prior to first use of the development the Gwenfro highway shall be increased to 4.8 metres in width, and a 2 metre wide footway shall be constructed together with extended turning head along the site frontage opposite nos. 39 -44 and 1-9 Gwenfro in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. 17. Prior to first use of the development, the existing footpath running through the centre of the development shall be increased in width to 3 metres in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. 18. 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 shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. 19. As part of the reserved matters a scheme for the relocation of the existing goal posts shall be submitted to and approved by the Local Planning Authority, and the scheme as approved shall be fully implemented before the houses are first occupied 20. As part of the reserved matters application, details shall be submitted to and approved in writing by the Local Planning Authority which offset any negative impact of the development upon local infrastructure to include recreational and education facilities and provision of affordable housing at a rate of 100% of the residential units proposed. The approved details shall be implemented in accordance with a timescale to be approved in writing as part of that application. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990.


4. To ensure that adequate manoeuvring and parking is made permanently available in the interests of highway safety. 5. To ensure that all details are reserved for future consideration. 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. 8. To ensure that the development fully complies with the appropriate policies and standards. 9. To ensure access to the public sewer is maintained and to protect the building's foundations if access is required. 10. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 11. In the interests of the amenities of the future occupants of the buildings 12. In the interests of the amenities of the future occupants of the buildings 13. To ensure satisfactory drainage of the site and to avoid flooding. 14. To ensure satisfactory drainage of the site and to avoid flooding. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. In the interests of highway safety. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure that the goal posts are re-used, in the interests of the amenities of the area. 20. To ensure that the development fully complies with the appropriate policies and standards. NOTE(S) TO APPLICANT All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.


The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. Further advice on compliance with condition nos 11 and 12 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. ______________________________________________________________


APPLICATION NO: P/2015 /0579 COMMUNITY: Caia Park WARD: Wynnstay

LOCATION: LAND AT ST GILES CRESCENT WREXHAM LL13 8SL DESCRIPTION: OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (8 NO DWELLINGS WITH 2 OR 3 BEDROOMS EACH) ALL DETAILED MATTERS RESERVED FOR FURTHER APPROVAL APPLICANT(S) NAME: MR A LEWIS WREXHAM COUNTY BOROUGH COUNCIL

DATE RECEIVED: 28/07/2015 CASE OFFICER: SEH AGENT NAME: WREXHAM COUNTY BOROUGH COUNCIL MRS SU EVANS

______________________________________________________________ THE SITE A plot of land, measuring just under 5,000 square metres at St Giles Crescent which previously housed blocks of flats. Since the removal of these buildings the site has comprised a grassed area used as public open space.

PROPOSAL

As above.

4 No. Dwellings Proposed

Proposed Play Area

4 No. Dwellings Proposed


HISTORY P/2010/0247 Outline application for residential development. Granted 04/05/2010 DEVELOPMENT PLAN Within settlement limit. UDP Policies CLF4, PS1, PS2, PS3, PS4, H2, EC13, T8, GDP1 and GDP2 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’, 10 ‘Public Open Space’, 21 ‘Space around Dwellings’, 27 ‘Developer Contributions to Schools’ and 28 ‘Affordable Housing’ are also relevant. CONSULTATIONS

Community Council: Would prefer to see 6 dwellings on the site, not 8. Arrangements will need to be made for the relocation of the goal posts.

Local Member: The density of development is unacceptable and leads to an excessive loss of public open space.

Highways: No objection subject to recommended conditions. Welsh Water: No objection subject to recommended conditions. NRW: No objection subject to advisory notes. Public Protection: No objection subject to advisory notes. Education: Contribution to primary schools required in the

amount of £15,680. Site Notice: Expired 25/08/2015 Neighbours: The following concerns have been raised:

Loss of open space; Impact upon the appearance of the street scene; Increased noise and traffic; Loss of privacy and overlooking; Highway safety; Devaluation of property; Loss of open space will lead to the current users of the area to turn to crime.

SPECIAL CONSIDERATIONS/ISSUES Background: The committee may remember granting outline planning permission back in 2010 (P/2010/0247) for the residential development of this site. This was one of a number of applications which was submitted in that year as part of a Joint Venture Initiative with the Welsh Assembly Government to provide affordable housing within Wrexham County Borough. This initiative was approved by the Council’s Executive Board on 19th November 2009. This partnership identified potential sites such as this one within Council ownership and will seek reputable experienced developers/builders and/or Registered Social Landlords (RSL) capable of delivering the maximum number of affordable housing units. Upon completion, ownership of the


affordable housing units will transfer to RSL/RSLs to provide housing for social rent and low cost home ownership. The 2010 outline permission has now expired and this application is again in outline for residential development, with all matters relating to layout, design, appearance, landscaping and access reserved for the future. The main issues to consider remain the same as in 2010, and relate to the loss of public open space, and its impact on visual and residential amenities of the area.

Public Open Space: The application site is described within the Council’s ‘Public Open Space Survey’ (2009) as land within an area of Informal Playing Space (IPS). As advised within the same survey, there is a surplus of almost 23 Hectares of IPS within Caia Park and so the loss of just 0.1 of a hectare would not significantly detrimentally impact upon the recreational facilities in the area. There is also a surplus of 6.5 ha of informal open space within the Queensway ward. Consideration should also be given to the loss of open space proposed at the Gwenfro which is also on this agenda (P/2015/0577) and the recent development at Glan Gors which is almost complete. The combined loss of these other sites would not result in a significant loss of informal open space given the overall surplus in the area, and a substantial surplus would remain. A condition will again be attached to any subsequent permission to secure the relocation of the existing goal posts. Residential Amenity: The indicative site plan remains the same as previously approved by the planning committee. The plan has demonstrated that the site is capable of supporting the 8 no. Dwellings as proposed whilst still retaining a large section of the site as public open space (just over half) with the larger part remaining central to St Giles Crescent. The plan has demonstrated adequate on-site parking and garden space together with safe and satisfactory vehicular access. Separation distances in accordance with Council guidelines have been proposed and there would be no significant loss of light or privacy. As this application is in outline only with all matters reserved for further consideration, these matters will be properly considered as part of the reserved matters application. Highways: The comments of the highway authority remain the same. Each of the proposed dwellings will have separate designated on-site parking and subject to the inclusion of 2 metre wide footways and some other minor improvements, there are no objections to the development. Other Matters: Devaluation of property is not a relevant planning consideration for this application. I have no reason to think that instances of anti-social behaviour will increase as a result of the residential development of the site.


CONCLUSION The proposal remains acceptable in terms of the impact upon local residential amenities and there would be no adverse impact upon highway safety. Development of this site would result in the loss of existing goal posts, however given the level of surplus of open space locally and the control over their relocation, I consider that the development of the site is acceptable.

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 layout of the building(s) b. the scale of the building(s) c. the 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 approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. As part of the reserved matters application a scheme for off-road parking for each dwelling in accordance with Local Planning Guidance Note No 16 'Parking Standards' shall be submitted to and approved in writing by the Local Planning Authority. The scheme, to include adequate mobility parking facilities, as approved shall be fully implemented prior to first use of development and shall thereafter be permanently retained free of all obstruction and made available for the parking of vehicles at all times. 5. The contents of the amended indicative site plan no. 6674/L(9)01 Rev A as submitted in support of this application shall not be regarded as representing an approved site layout, and notwithstanding the details within the application documentation shall not be considered to confirm numbers of units. 6. Details of all of the proposed boundary treatments in and around the site shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The boundary treatments as are approved shall be fully implemented in strict accordance with the details as are approved prior to first use of the development. 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).


8. As part of the reserved matters application an addendum to the Design and Access Statement (DAS) approved as part of this application shall be submitted to and approved in writing by the Local Planning Authority. The DAS shall provide a clearly explained and linked design response to the contextual analysis of the site hereby approved in terms of accessibility; environmental sustainability; character; community safety and movement to, from and within the development. 9. As part of the reserved matters application, details shall be submitted to and approved in writing by the Local Planning Authority which offset any negative impact of the development upon local infrastructure to include recreational and education facilities and provision of affordable housing at a rate of 100% of the residential units proposed. The approved details shall be implemented in accordance with a timescale to be approved in writing as part of that application. 10. No development shall take place within 3 metres to both sides of the public sewer which crosses the site. 11. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 12. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 13. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 12 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 14. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.


15. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 14. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 16. 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 shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. 17. As part of the reserved matters a scheme for the relocation of the existing goal posts shall be submitted to and approved by the Local Planning Authority, and the scheme as approved shall be fully implemented before the houses are first occupied 18. All proposed access points shall have a visibility splay of 2.4 m x 25 m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction. 19. A scheme for a suitable turning head to adoptable standards to be located fronting the proposed play area shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The scheme as is approved shall be fully implemented prior to first use of the development. 20. Details of a footway link through the proposed play area shall be submitted to an approved in writing by the Local Planning Authority as part of the reserved matters application. The footway as is approved shall be fully implemented prior to first use of the development. 21. A scheme for the widening of St Giles Crescent to a minimum of 4.8 metres and incorporation of a 2 metre wide footway to an adoptable standard shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. 22. Details of a resurfacing scheme for the proposed access road shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The scheme as is approved shall be fully implemented prior to first use of development. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990.


4. To ensure that adequate manoeuvring and parking is made permanently available in the interests of highway safety. 5. To ensure that all details are reserved for future consideration. 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. 8. To ensure that the development fully complies with the appropriate policies and standards. 9. To ensure that the development fully complies with the appropriate policies and standards. 10. To ensure access to the public sewer is maintained and to protect the building's foundations if access is required. 11. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 12. In the interests of the amenities of the future occupants of the buildings 13. In the interests of the amenities of the future occupants of the buildings 14. To ensure satisfactory drainage of the site and to avoid flooding. 15. To ensure satisfactory drainage of the site and to avoid flooding. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure that the goal posts are re-used, in the interests of the amenities of the area. 18. To ensure that adequate visibility is provided at the proposed point of access to the highway. 19. In order to ensure that the turning movements of a refuse wagon can be accommodated and in the interests of highway safety 20. In order to secure a safe and convenient pedestrian route between both sections of St Giles Crescent In the interests of highway safety. 21. In the interests of highway safety. 22. In the interests of highway safety. NOTE(S) TO APPLICANT All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution.


The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. Further advice on compliance with condition nos 12 and 13 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. ______________________________________________________________


APPLICATION NO: P/2015 /0592 COMMUNITY: Rhos WARD: Ponciau

LOCATION: LLYS ELLIS STANLEY ROAD PONCIAU WREXHAM LL14 1HH DESCRIPTION: ERECTION OF REPLACEMENT FENCE ALONG EASTERN BOUNDARY OF SITE - FENCE TO BE 2.4M HIGH WITH 2.7M HIGH POSTS APPLICANT(S) NAME: MR PETER NICHOLLS

DATE RECEIVED: 03/08/2015 CASE OFFICER: JS AGENT NAME: MR PETER NICHOLLS

______________________________________________________________ THE SITE The site is located on east side of Stanley Road, Ponciau, and this is adjacent to a private driveway leading northwards from Bernfells Court. The site is elevated in relation to the private driveway and the properties of Y Berllan and Ty Canol.

PROPOSAL The fence will have 1.8m high vertical boards on top of 0.6m high concrete panel base, to give an overall height of 2.4m.

Position of replacement fence

15 metres


An amended plan has been submitted to show a typical cross section through the site, and this demonstrates the new position of the fence in relation to the existing finished ground and floor levels of Llys Ellis, in relation to the boundary and the private driveway serving Y Berllan. HISTORY P/2005/0464 Erection of 2 dwellings (plots 4 and 5) and

construction of new vehicular and pedestrian access. Granted 26.2.06

P/2007/0618 Erection of dwelling (amendment to ridge height and floor level previously granted under code number P/2005/0464) (In retrospect). Granted 13.7.2007

Condition 1 of the decision required details of a screen fence/hedge along the north eastern site boundary, to be implemented before the dwelling was occupied.

A fence was erected, but that fence has now been removed.

DEVELOPMENT PLAN Within settlement limits. Policies PS2 and GDP1 apply CONSULTATIONS Community Council: Consulted 6.8.15 Local Member(s): Notified 6.8.15 Site Notice: Expired 28.8.15 Other representations: 5 neighbours notified, and one letter received raising the following:

The replacement fence will have less height than the one that was previously supported. The new fence should have the same height, and based upon previous decision the top of the fence should be 145.623, whereas the proposed fence is only 145.143. This is about 0.5m lower.

SPECIAL CONSIDERATIONS Background: A screen fence as authorised by condition 1 of P/2007/0618, at this location was erected but this has been removed. The fence was originally set inside from the boundary, and the area between the fence and the boundary was intended to form a hedge. However, hedge planting within that area proved to be unsuccessful. The applicant is therefore trying to reinstate a fence to be closer to the boundary, and this will be located immediately adjacent to an existing conifer hedge which is planted just the other side of the boundary.


Visual impact: Since the proposed fence will be located just behind an existing conifer hedge which is located immediately adjacent to the site boundary, the fence will have very limited visual impact to the wider area. The fence will project a small amount above this hedge, although that height is variable because it depends upon the height of the hedge that is maintained separately by the neighbour. Privacy: The original fence was intended to provide some privacy between Llys Ellis and the adjacent properties (Yr Berllan and Ty Canol). I have no information to confirm the appearance of that fence, but the neighbour at Yr Berllan considers that the approved fence was meant to be 0.5m higher than the current proposal, and considers that the applicant should replace the fence to that height. The applicant believes however, that the height of the fence as removed was actually lower than the proposal, and therefore the new fence will be an improvement. Whilst it is not possible to compare the impacts of the original fence, it is possible to consider the privacy that this new fence will afford in light of the current situation. The applicant has confirmed that the top of the fence will be the same height as the neighbours’ fence at Tir Cartref, and this reference point is shown on the photo below. The objector (Y Berllan) considers that this is not acceptable. Some photos have been taken from the neighbours’ house, and from the applicant’s conservatory doors (at southern end of building). The height of the new fence has been indicated on those photos, and that point can be used as a reference point to allow the new fence is erected at a known height. Providing the fence is erected by using the fixed point as shown, the new fence is acceptable for this location, and will afford a degree of permanent privacy if the neighbours’ hedge dies. It is also noted that the addition of 0.5m on top of this fence would not make a significant difference.


CONCLUSION It is possible that the proposed fence may be marginally worse in terms of screening compared to an existing fence, but this replacement will afford similar privacy, and therefore this will not be raising significant amenity concerns for the nearest neighbours. Conditions are required to ensure that the fence is erected to be level with the top of the neighbours’ boundary wall.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The new replacement fence as approved shall be erected within 6 months of the date of the permission unless first agreed in writing with the Local Planning Authority. 3. No part of the new fence to be erected shall fall below the top of the boundary wall at Tir Cartref, as shown on the approved plans. The fence shall thereafter be maintained at that height, and to the specifications as shown in the application documents.

Top of new fence will be the same height as this point

Existing garage at Tir Cartref

Llys Ellis


REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the residential amenities of adjoining residents. 3. To protect the residential amenities of adjoining residents. ______________________________________________________________


APPLICATION NO: P/2015 /0594 COMMUNITY: Gwersyllt WARD: Gwersyllt East & South

LOCATION: SOUTH OF THIRLMERE COURT OFF GLANLLYN ROAD BRADLEY WREXHAM LL11 4DZ DESCRIPTION: CREATION OF NEW AGRICULTURAL VEHICULAR ACCESS (IN PART RETROSPECT) APPLICANT(S) NAME: MR P DEROSA

DATE RECEIVED: 04/08/2015 CASE OFFICER: SEH AGENT NAME: MILES DESIGNS MR S H MILES

______________________________________________________________ THE SITE

PROPOSAL As above. HISTORY None relevant.

Extent of land controlled by the Applicant

Proposed access Footpath


DEVELOPMENT PLAN Outside settlement limit and within a wildlife area (W310) and Green barrier. UDP Policies PS2, GDP1, EC1, EC4 and EC6 apply. Local Planning Guidance Note No. 32 ‘Biodiversity and Development’ is also relevant. CONSULTATIONS Community Council: Requests that this application is reported to the Planning

Committee for consideration because of the adjacent footpath.

Local Members: Both Councillors Griffiths and McCann request that this application is reported to the Planning Committee for consideration.

Highways: No objection. PRoW: Consulted 06/08/2015 Ramblers: Consulted 06/08/2015 PP: No comments NRW: No comments Site Notice: Expired 27/08/2015 Neighbours: Notified 07/08/2015 SPECIAL CONSIDERATIONS/ISSUES Proposal: Proposed is to remove the existing field gate which provides pedestrian access and the widening of the access to form an agricultural vehicular access to allow direct access from Glan Llyn Road. The application is in part retrospect because the access has already been widened and the new gates have already been put in place. The remaining proposed highway improvements which include the dropping of the kerbs and installation of aco drain etc. have not yet been carried out. The main issues to consider relate to the impact of the development upon the visual amenities of the area and upon highway safety. Visual Impact: The gates have already been put in place and this has had very little impact upon the character and appearance of the area. The proposed hard surfacing of the access for 5 metres into the field is of satisfactory scale and design and will not be to the detriment of the visual amenities of the area. Highways: The site is located on a classified highway subject to a 30 mph speed limit for which visibility splays measuring 2 metres x 43 metres in both direction are required. These visibility splays are achievable and have been demonstrated on the submitted block plan. The remaining works include the lowering of the kerbs, installation of an aco surface water drain (to prevent any run off from the site onto the highway) and the hard surfacing of the new access for 5 meters into the field. Implementation of the access will not impact upon the existing hedgerow and will not interfere with the Public Right of Way (footpath) which runs adjacent to the application site. As the access is


for agricultural purposes it will be used infrequently and there are no objections to the development on highway safety grounds. CONCLUSION The proposed access would have very little impact if any upon the visual amenities of the area or upon highway safety and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The vehicular access shall be used for the purposes of agricultural in connection with the land within the blue line only and for no other purpose. 3. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 4. Prior to first use of the development the site shall be laid out in strict accordance with block plan no. 594 001. 5. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 6. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 7. Prior to first use of development a pavement crossing to the site shall be constructed in strict accordance with a scheme which has been submitted and approved in writing by the Local Planning Authority. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of highway safety and to protect the amenities of the occupiers of nearby properties. 3. To ensure that adequate visibility is provided at the proposed point of access to the highway. 4. In the interests of highway safety. 5. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 6. In the interests of highway safety. 7. In the interests of pedestrian safety.


NOTE(S) TO APPLICANT The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway. A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to lower the kerbline and cross the footpath at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on telephone 01978 729690. ______________________________________________________________


LIST OF DELEGATED DECISIONS ISSUED

OVE P/2014/0316

GRANTED

11/08/2015

2 THE MILL, STATION ROAD, OVERTON, WREXHAM, LL13 0EF

LAWFUL DEVELOPMENT CERTIFICATE FOR NEW PITCHED ROOF TO EXISTING DORMER AND RENDERING OF FRONT ELEVATION

WRA P/2014/0430

GRANTED

13/08/2015

SUNNYSIDE, 10 RHOSNESNI LANE, WREXHAM, LL12 7LY

TRIM EPICORMIC GROWTH ANNUALLY FROM 5 LIMES TREES (T1, T2, T3, T4 & T5) UP TO 4 METRES (TREE PROTECTED BY TPO WMBC NO 21)

OVE P/2014/0570

GRANTED

31/07/2015

LAND TO THE REAR OF, 2 HIGH STREET, OVERTON, WREXHAM, LL13 0DT

REMOVAL OF PLANNING CONDITIONS 10, 11 AND 12 AS INDICATED ON DECISION NOTICE P/2011/0751 DATED 3 JANUARY 2012

GWE P/2014/0674

GRANTED

11/08/2015

LAND AT, WHEATSHEAF LANE, GWERSYLLT, WREXHAM, LL13 8RA

RESIDENTIAL DEVELOPMENT (4 DWELLINGS) 1 PAIR OF DETACHED HOUSES (2 BEDROOM) AND 1 SEMI DETACHED BUNGALOW (2 BEDROOM) AND ONE SEMI DETACHED HOUSE (2 BEDROOM) AND ANCILLARY WORKS.

WRR P/2015/0099

GRANTED

20/08/2015

33 LORD STREET, WREXHAM, LL11 1LS

APPLICATION TO DISPLAY ADVERTISEMENTS - REPLACEMENT FASCIA, NEW ENTRANCE SIGNS, NAME PLATES, ATM SURROUNDS AND PROJECTING SIGNS, SOME SIGNS TO BE ILLUMINATED

WRO P/2015/0116

GRANTED

24/08/2015

BRYN GOLEU, 1 BATH ROAD, WREXHAM, LL13 7PN

REPLACEMENT OF UPVC WINDOWS

ROS P/2015/0122

GRANTED

21/08/2015

TREVALYN HALL, CHESTER ROAD, ROSSETT, WREXHAM, LL12 0HH

LISTED BUILDING CONSENT FOR REPLACEMENT OF EXISTING CONSERVATORY WITH SINGLE-STOREY ORANGERY STYLE EXTENSION

BRY P/2015/0149

GRANTED

19/08/2015

5 FFYNNON Y CEIRW, BRYMBO ROAD, BWLCHGWYN, WREXHAM, LL11 5UA

ERECTION OF FIRST FLOOR REAR EXTENSION, ALTERATIONS TO EXISTING DORMERS AND ERECTION OF CANOPIES TO FRONT DOORS

MIN P/2015/0155

GRANTED

17/07/2015

TY BRITH, TY BRITH LANE, MINERA, WREXHAM, LL11 3DW

RE-SURFACING OF DRIVEWAY WITH GRANITE SETTS (WITHIN CURTILAGE OF LISTED BUILDING)


WRO P/2015/0166

REFUSED

19/08/2015

HIGHTOWN BARRACKS, KINGSMILLS ROAD, HIGHTOWN, WREXHAM, LL13 8NH

FORMATION OF MULTI USE GAMES AREA

WRR P/2015/0228

GRANTED

11/08/2015

THE SIDINGS, FORMER REMPLOY SITE, RAILWAY ROAD AND STANSTY ROAD, STANSTY, WREXHAM, LL11 2DN

RE-SITING AND / OR SUBSTITUTION OF HOUSE TYPES FOR PLOTS 24, 25, 26 AND 27 AS PREVIOUSLY APPROVED AS PART OF PLANNING PERMISSION P/2013/0519 AND ERECTION OF ONE ADDITIONAL DWELLING (HOUSE)

LLR P/2015/0262

GRANTED

24/07/2015

AUSSIE ROOSTER, LLANGOLLEN ROAD, TREVOR, LLANGOLLEN, LL20 7TG

REPLACEMENT OF FLAT ROOF WITH PITCHED ROOF

OVE P/2015/0281

GRANTED

13/08/2015

LAND TO THE REAR OF, THE OLD ORCHARD, SCHOOL LANE, OVERTON, WREXHAM, LL13 0ES

REDUCE HEIGHT OF TREES WITHIN HEDGEROW (HEDGE 1) TO A HEIGHT BETWEEN 2 - 2.5 METRES WHEN MEASURED FROM GROUND LEVEL. TREES PROTECTED BY TPO WCBC 173, 2011

SES P/2015/0287

GRANTED

31/07/2015

LAND NORTH WEST OF, PICKHILL BRIDGE FARM, HOLT ROAD, CROSS LANES, WREXHAM, LL13 0UH

USE OF LAND FOR ERECTION OF SOLAR PHOTOVOLTAIC ARRAY TO GENERATE UP TO 4 MW, INCLUDING METERING AND INVERTER KIOSKS, SECURITY CAMERAS, FENCING AND GATES AND TEMPORARY CONSTRUCTION OF COMPOUND AND ACCESS TRACK

WOR P/2015/0301

GRANTED

31/07/2015

BROUGHTON LODGE FARM, SHOCKLACH LANE, THREAPWOOD, MALPAS, WREXHAM, SY14 7AZ

REMOVAL OF EXISTING CONSERVATORY, ERECTION OF TWO-STOREY EXTENSION TOGETHER WITH REPLACEMENT WINDOWS AND EXTERNAL RENDER

GRE P/2015/0304

GRANTED

24/07/2015

HUDSON HEIGHTS, WYNNSTAY LANE, MARFORD, WREXHAM, LL12 8LH

APPLICATION TO REMOVE CONDITIONS 3 AND 5 OF P/2013/0771 (CODE FOR SUSTAINABLE HOMES).

GWE P/2015/0306

GRANTED

17/07/2015

42 HEOL Y FFYNNON, BRADLEY, WREXHAM, LL11 4BN

CREATION OF VEHICULAR ACCESS INCLUDING LOWERING OF KERB AND CREATION OF HARDSTANDING


GWE P/2015/0308

GRANTED

27/07/2015

STANSTY LODGE, MOLD ROAD, STANSTY, WREXHAM, LL11 4YF

DISPLAY OF 2 BOARD ADVERTISEMENT SIGNS ON EITHER SIDE OF ENTRANCE AREA - BOTH TO MEASURE 1.219M X 1.829M

WRO P/2015/0313

GRANTED

24/08/2015

44 TO 46 BRIDGE STREET, WREXHAM, LL13 7HP

CHANGE OF USE OF EXISTING RETAIL AND OFFICE PREMISES INTO 3 NO. DWELLINGS (3 X 1 BED) AND ASSOCIATED PARKING

CHI P/2015/0330

GRANTED

17/07/2015

LODGE FARM, OLD BLACK PARK ROAD, CHIRK, WREXHAM, LL14 5AU

CHANGE OF USE OF AGRICULTURAL BUILDING TO RESIDENTIAL USE IN CONNECTION WITH LODGE FARM

HAN P/2015/0338

GRANTED

06/08/2015

MAGPIE COTTAGE, STRIGA LANE, HANMER, WREXHAM, SY13 3DE

LISTED BUILDING CONSENT FOR REFURBISHMENT INCLUDING THATCH, TIMBER-FRAME, MASONRY AND JOINERY REPAIRS

HAN P/2015/0350

GRANTED

21/08/2015

THE DUKES, PEARTREE LANE, HANMER, WHITCHURCH, WREXHAM, SY13 3DU

LISTED BUILDING CONSENT FOR ALTERATIONS INCLUDING ALTERATION OF ROOF PITCH, INSTALLATION OF DOOR AND WINDOW PANELS

ISY P/2015/0351

REFUSED

27/07/2015

LAND OFF, ASH ROAD SOUTH, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9UG

ERECTION OF INDUSTRIAL UNITS CLASS B2 (COMPRISING TWO-STOREY OFFICE AND WAREHOUSE ACCOMMODATION) AND SINGLE STOREY DUST EXTRACTION BUILDING AND ASSOCIATED CAR PARKING AND STORAGE AREA

BRY P/2015/0352

REFUSED

24/07/2015

OLD POLICE HOUSE, RAILWAY ROAD, BRYMBO, WREXHAM, LL11 5EA

ERECTION OF SEMI-DETACHED PAIR OF DWELLINGS (2 X 3 BED HOUSES)

PEN P/2015/0354

GRANTED

17/07/2015

CHAPEL HOUSE, 6 AFONEITHA ROAD, PENYCAE, WREXHAM, LL14 2PF

CREATION OF VEHICULAR ACCESS - LOWERING OF KERB

WRR P/2015/0355

GRANTED

06/08/2015

62 REGENT STREET, WREXHAM, LL11 1RE LISTED BUILDING CONSENT FOR CONSTRUCTION OF ENTRANCE LOBBY


GRE P/2015/0368

GRANTED

11/08/2015

3 PARK VIEW, OLD WREXHAM ROAD, GRESFORD, WREXHAM, LL12 8UB

PROPOSED TWO-STOREY FRONT AND REAR EXTENSIONS AND SINGLE STOREY GARAGE EXTENSION TO SIDE ELEVATION

RHO P/2015/0376

REFUSED

17/07/2015

LAND NORTH OF, AWEL Y MYNYDD, HALL LANE, RHOSLLANERCHRUGOG, WREXHAM, LL14 1TG

OUTLINE APPLICATION FOR 2 NO DWELLINGS WITH ALL DETAILED MATTERS RESERVED

ESC P/2015/0378

GRANTED

17/07/2015

PLAS GRONO FARM, PLAS GRONO ROAD, RHOSTYLLEN, WREXHAM, LL14 4EG

EXTENSIONS AND ALTERATIONS TO DWELLING

BRO P/2015/0379

GRANTED

31/07/2015

THE VICARAGE, BERSE ROAD, CAEGO, WREXHAM, LL11 6SL

ERECTION OF REPLACEMENT DOG KENNELS FOR BREEDING PURPOSES ON LAND ADJACENT TO THE VICARAGE

ROS P/2015/0384

GRANTED

30/07/2015

OULTON, DAISY LANE, ROSSETT, WREXHAM, LL12 0BP

APPLICATION FOR LAWFUL DEVELOPMENT CERTIFICATE FOR A PROPOSED USE OR DEVELOPMENT - GARAGE BUILDING (7.6M WIDE, 11.8M LONG AND 4M TO RIDGE)

ERB P/2015/0387

GRANTED

20/07/2015

THE PLASSEY CARAVAN PARK, EYTON, WREXHAM, LL13 0SP

CHANGE OF USE OF AGRICULTURAL LAND FOR THE SITING OF 18 NO "GLAMPING POD" LODGES, WITH ASSOCIATED TOILET / SHOWER FACILITIES, LANDSCAPING, CAR PARKING TO BE USED IN CONNECTION WITH ADJACENT CARAVAN PARK

WRO P/2015/0389

GRANTED

24/08/2015

RED DRAGON, 29 HIGH STREET, WREXHAM, LL13 8HY

APPLICATION FOR ADVERTISEMENT CONSENT TO DISPLAY SIGNAGE ON FRONT OF BUILDING - ALL TO BE ILLUMINATED

WRO P/2015/0390

GRANTED

07/08/2015

RED DRAGON, 29 HIGH STREET, WREXHAM, LL13 8HY

LISTED BUILDING CONSENT APPLICATION CONSENT TO DISPLAY SIGNAGE ON FRONT OF BUILDING - ALL TO BE ILLUMINATED

BRN P/2015/0393

GRANTED

06/08/2015

HENRWST SMITHY, HIGHER WYCH ROAD, ISYCOED, WREXHAM, SY13 3AU

LISTED BUILDING CONSENT FOR ERECTION OF CONSERVATORY EXTENSION


WRR P/2015/0398

GRANTED

23/06/2015

EPWORTH HOUSE, 13 GROVE ROAD, , WREXHAM, LL11 1DY

REMOVE 1 WEEPING CHERRY TREE (T1), PRUNE BACK FROM BUILDING 1 HOLLY (T2), REMOVE 4 LOWEST BRANCHES GROWING TOWARDS WALL AND 2 CROSSING BRANCHES FROM 1 VARIEGATED NORWAY MAPLE (T3) AND PRUNE TO ACHIEVE 1-1.5M CLEARANCE FROM BUILDING AND 0.5M CLEARANCE FROM OVERHEAD PHONE LINE FROM 1 PRUNUS PISARDII (T4). (TREES PROTECTED BY GROSVENOR ROAD CONSERVATION AREA)

BRN P/2015/0401

GRANTED

13/07/2015

LONG LANE COTTAGE, LONG LANE, BRONINGTON, WHITCHURCH, SY13 3EY

ERECTION OF MOBILE SHELTER / STABLE FOR HORSE

BRY P/2015/0403

GRANTED

11/08/2015

2 PEN Y GRAIG ROAD, BRYMBO, WREXHAM, LL11 5AE

CONSTRUCTION OF VEHICULAR ACCESS AND PARKING AREA AND ERECTION OF NEW BRICK BOUNDARY WALL WITH BRICK PILLARS (PARTLY IN RETROSPECT)

GRE P/2015/0404

GRANTED

27/07/2015

CREST TOR, 20 SUNNYRIDGE AVENUE, MARFORD, WREXHAM, LL12 8TE

EXTENSION TO DWELLING

GRE P/2015/0408

GRANTED

24/07/2015

25, HAWTHORN ROAD, MARFORD, WREXHAM, LL12 8XJ

SINGLE-STOREY FRONT EXTENSION TO EXTEND GARAGE AND PORCH

BRY P/2015/0410

GRANTED

28/07/2015

32 CEFN ROAD, BWLCHGWYN, WREXHAM, LL11 5YE

SINGLE-STOREY REAR EXTENSION AND PORCH EXTENSION TO FRONT

GRE P/2015/0411

GRANTED

17/07/2015

THE CROFT HOUSE, OLD WREXHAM ROAD, GRESFORD, WREXHAM, LL12 8UA

APPLICATION TO MAKE NON-MATERIAL AMENDMENT TO PLANNING PERMISSION P/2010/0148 (DEMOLITION OF EXISTING HOUSE AND REPLACEMENT WITH NEW HOUSE AND GARAGE) TO INCREASE HEIGHT OF LINK BETWEEN GARAGE AND HOUSE AND SLIGHT INCREASE IN WIDTH OF WESTERN AND EASTERN ELEVATIONS OF GARDEN STORE ALTERATIONS


GWE P/2015/0412

GRANTED

17/07/2015

,VACANT HAIRDRESSING SALON, WHEATSHEAF LANE, GWERSYLLT, WREXHAM, LL11 4DS

SINGLE-STOREY EXTENSION TO EXISTING VACANT SHOP AND CHANGE OF USE TO FORM DWELLING (ONE BEDROOM FLAT) INCLUDING THE INCORPORATION OF GARDEN AREA (IN PART) OF 2 HAMILTON AVENUE AS PART OF THE NEW DWELLING

SES P/2015/0413

GRANTED

24/08/2015

8 FERN CLOSE, CROSS LANES, WREXHAM, LL13 0RZ

LISTED BUILDING CONSENT FOR THE INSTALLATION OF NEW WINDOW AND SOLAR PANELS

WRR P/2015/0414

GRANTED

28/07/2015

COLEG CAMBRIA, GROVE PARK ROAD, WREXHAM, LL12 7AB

ERECTION OF GLASS CANOPY WITH STEEL SUPPORTS ON BLOCK E TO FORM NEW ENTRANCE

SES P/2015/0415

GRANTED

27/07/2015

8 FERN CLOSE, CROSS LANES, WREXHAM, LL13 0RZ

INSTALLATION OF NEW WINDOW AND SOLAR PANELS

WRO P/2015/0418

GRANTED

30/07/2015

SCHOOL PLAYING FIELDS, YSGOL CLYWEDOG, HOMESTEAD LANE, WREXHAM, LL13 7UB

ERECTION OF SPECTATOR CANOPY 30M LONG, 2M DEEP AND 2.4M HIGH FOR EXISTING FOOTBALL PITCH

LLA P/2015/0419

GRANTED

24/07/2015

LLAY MINERS WELFARE INSTITUTE, THE RING, LLAY, WREXHAM, LL12 0TH

INSTALLATION OF TWIN LANE CRICKET NETS AS CRICKET PRACTICE FACILITY (27.7M LONG X 10.9M WIDE WITH FENCING 2.4M HIGH AND NETTING 3.6M HIGH)

BRN P/2015/0423

GRANTED

24/07/2015

HIGH ASH, LITTLE GREEN, BRONINGTON, WREXHAM, SY13 3HH

TO OPERATE PRIVATE HIRE TAXI USE (UP TO 4 VEHICLES) INCLUDING MINIBUS) FOR SCHOOL CONTRACTS

W04000891 P/2015/0424

REFUSED

24/07/2015

FORMER BRYNTEG YOUTH CLUB, BRYN ISA ROAD, BRYNTEG, WREXHAM, LL11 6NS

OUTLINE APPLICATION FOR ERECTION OF 2 NO. DWELLINGS (3 BEDROOM EACH) AND ASSOCIATED GARAGES, PARKING AND ACCESS AND RE - SURFACING WORKS TO BRYNISA ROAD. ALL DETAILED MATTERS EXCEPT ACCESS AND LAYOUT RESERVED FOR FURTHER APPROVAL

GRE P/2015/0427

GRANTED

24/07/2015

GREENBANK COTTAGE, BORRAS ROAD, WREXHAM, LL13 9TN

REAR CONSERVATORY EXTENSION


ESC P/2015/0432

GRANTED

17/07/2015

GREEN ACRES, OFF SMITHY LANE, PENTRE BYCHAN, WREXHAM, LL14 4EW

ERECTION OF DWELLING (3 BEDROOM)

WOR P/2015/0434

GRANTED

05/08/2015

GWERN Y TO, SHOCKLACH LANE, WORTHENBURY, WREXHAM, SY14 7AZ

DEMOLITION OF EXISTING HOUSE AND SHIPPON AND ERECTION OF NEW 5 BEDROOM FAMILY HOUSE AND REFURBISHMENT OF EXISTING STABLE BARN BUILDING

GRE P/2015/0436

GRANTED

17/08/2015

17 HILLOCK LANE, GRESFORD, WREXHAM, LL12 8YL

TWO-STOREY SIDE EXTENSION TO PROVIDE DOUBLE GARAGE WITH BEDROOM SUITE OVER AND SINGLE-STOREY REAR KITCHEN EXTENSION

GRE P/2015/0438

GRANTED

31/07/2015

FORMER ATS TYRE DEPOT, MARFORD HILL, MARFORD, WREXHAM, LL12 8SW

APPLICATION TO MAKE A NON MATERIAL AMENDMENT TO PLANNING PERMISSION P/2015/0133 TO RETAIN EXISTING LEFT HAND FRONT GABLE WHICH HAD BEEN INTENDED FOR DEMOLITION

CEF P/2015/0441

GRANTED

05/08/2015

FORMER TRINITY PRESBYTARIAN CHURCH, LLANGOLLEN ROAD, ACREFAIR, WREXHAM, LL14 3SF

APPLICATION FOR NON MATERIAL AMENDMENT TO P/2014/0401 TO RE-CONFIGURE ROOF FOR PLOT 1 TO PROVIDE ADDITIONAL BEDROOM / ENSUITE, INTRODUCTION OF DORMER AND ROOF LIGHT, REMOVAL OF EXTERNAL DOOR AND ALTERATIONS TO PATIO DOOR

WRO P/2015/0444

WITHDRAWN

13/07/2015

THE OLD SWAN, ABBOT STREET, WREXHAM, LL11 1TA

LISTED BUILDING CONSENT FOR INTERNAL ALTERATIONS TO EXISTING FIRE PLACE, EXISTING BAR AREA AND FORM NEW STAIRCASE TO CELLAR

GRE P/2015/0445

GRANTED

05/08/2015

7 SANDROCK ROAD, MARFORD, WREXHAM, LL12 8LT

SINGLE-STOREY EXTENSION AND FRONT PORCH

BRY P/2015/0447

GRANTED

31/07/2015

1 WOODLANDS COURT, TANYFRON, WREXHAM, LL11 5SX

SINGLE-STOREY FRONT, SIDE AND REAR EXTENSIONS AND INTERNAL ALTERATIONS

LLA P/2015/0448

GRANTED

24/07/2015

ASHLEIGH, CROESHOWELL, LLAY, WREXHAM, LL12 0NY

KITCHEN / DINING ROOM EXTENSION


RUA P/2015/0449

GRANTED

21/08/2015

BELAN PLACE, RHOSYMADOC, RUABON, WREXHAM, LL14 6LS

LISTED BUILDING CONSENT FOR REPLACEMENT ROOF TO PORCH INCORPORATING A ROOF LANTERN

WRA P/2015/0451

GRANTED

24/08/2015

6 LISBURNE GROVE, WREXHAM, LL13 9TJ

CONVERSION OF INTEGRAL GARAGE INTO ADDITIONAL LIVING SPACE AND ERECTION OF NEW DETACHED GARAGE

GRE P/2015/0454

GRANTED

11/08/2015

HORSESHOE BARN, BORRAS ROAD, WREXHAM, LL13 9TL

GARDEN ROOM EXTENSION

ISY P/2015/0456

GRANTED

31/07/2015

UNIT F1, BRYN BUSINESS CENTRE, BRYN LANE, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9UT

SUB-DIVISION OF UNIT F INTO 2 UNITS (F1 AND F2) AND CHANGE OF USE OF UNIT F1 AS GYMNASIUM (CLASS D2 USE)

BRY P/2015/0457

GRANTED

31/07/2015

PENRHOS FARM, PENRHOS, BRYMBO, WREXHAM, LL11 5LU

ERECTION OF AGRICULTURAL BUILDING FOR LIVESTOCK 18.28M LONG X 12.19M WIDE AND 4.7M HIGH TO EAVES

ROS P/2015/0460

GRANTED

11/08/2015

THE LODGE, CROESHOWELL LANE, BURTON, WREXHAM, LL12 0LB

DEMOLITION OF EXISTING DWELLING AND ERECTION OF REPLACEMENT DWELLING (RESUBMISSION OF WITHDRAWN PLANNING APPLICATION P/2015/0158)

OVE P/2015/0465

WITHDRAWN

10/08/2015

GWALIA HOUSE, OVERTON, WREXHAM, LL13 0LG

ERECTION OF CHAPEL (IN PLACE OF TIMBER GARAGE)

RUA P/2015/0466

GRANTED

05/08/2015

2 MILLBROOK, STATION ROAD, RUABON, WREXHAM, LL14 6DL

REPLACEMENT FRONT DOOR

GWE P/2015/0468

GRANTED

27/07/2015

37, ST GILES PARK, GWERSYLLT, WREXHAM, LL11 4AX

REAR CONSERVATORY EXTENSION

WOR P/2015/0471

GRANTED

31/07/2015

HILLSIDE FARM, WILLINGTON, MALPAS, WREXHAM, SY14 7LY

ERECTION OF AGRICULTURAL BUILDING FOR ACCOMMODATING LIVESTOCK


WOR P/2015/0472

GRANTED

31/07/2015

HILLSIDE FARM, WILLINGTON, MALPAS, WREXHAM, SY14 7LY

ERECTION OF AGRICULTURAL BUILDING FOR ACCOMMODATING LIVESTOCK

RUA P/2015/0473

GRANTED

05/08/2015

HSBC BANK, HIGH STREET, RUABON, WREXHAM, LL14 6AA

INTALLATION OF REPLACEMENT ATM

WRO P/2015/0476

GRANTED

18/08/2015

SPIRE YALE HOSPITAL, CROESNEWYDD ROAD, WREXHAM, LL13 7YP

RETENTION AND CONTINUED USE OF 2 NO. PORTACABINS FOR A FURTHER PERIOD OF FIVE YEARS (PREVIOUSLY GRANTED UNDER CODE NO. P/2010/0601)

WRA P/2015/0477

GRANTED

05/08/2015

18, DENBIGH CLOSE, WREXHAM, LL12 7TW

CONTINUED PARKING AND OPERATION OF 2 NO. PRIVATE HIRE VEHICLES ON A PERMANENT BASIS (PREVIOUSLY GRANTED UNDER CODE NO. P/2014/0080)

WRC P/2015/0478

GRANTED

11/08/2015

DISABLED PARKING SPACE, HOLT ROAD, WREXHAM, LL13 9XA

RETENTION AND CONTINUED USE OF DISABLED PARKING SPACE (PREVIOUSLY GRANTED UNDER CODE NO P/2009/0504)

WRO P/2015/0479

GRANTED

24/08/2015

UNIT 14B, ISLAND GREEN, WREXHAM, LL13 7LW

CHANGE OF USE OF PREMISES TO SUI GENERIS USE (SUNBED SALON AND PART RETAIL)

CEF P/2015/0480

GRANTED

12/08/2015

MAES MERDDYN, PENYCAE, WREXHAM, LL14 1UA

TWO STOREY SIDE EXTENSION AND CONVERSION OF INTEGRAL GARAGE INTO LIVING ACCOMODATION

BRO P/2015/0481

GRANTED

10/08/2015

GLADWYN HOUSE, PISGAH HILL, PENTRE BROUGHTON, WREXHAM, LL11 6DB

CONSERVATORY EXTENSION

PEN P/2015/0482

GRANTED

10/08/2015

3, BRO AWELON, PENYCAE, WREXHAM, LL14 2RG

SINGLE STOREY REAR EXTENSION AND NEW FRONT PORCH

WRR P/2015/0485

GRANTED

12/08/2015

57 KING STREET, WREXHAM, LL11 1HR

VARIATION OF CONDITION 4 OF PLANNING PERMISSION P/2005/0150 TO ALLOW FOR THE SALE OF HOT FOOD FOR CONSUMPTION OFF THE PREMISES BETWEEN 11.00 AM AND 12.00 MIDNIGHT MONDAYS TO SUNDAYS


WOR P/2015/0487

GRANTED

24/08/2015

LABURNUM COTTAGE, WHITCHURCH ROAD, WILLINGTON, MALPAS, WREXHAM, SY14 7LX

DEMOLITION OF EXISTING DWELLING AND ERECTION OF DORMER BUNGALOW AND CAR PORT

HOL P/2015/0488

GRANTED

13/08/2015

FIVE OAKS, BORRAS HALL LANE, LLAN Y PWLL, WREXHAM, LL13 9SG

APPLICATION FOR CERTIFICATE OF LAWFUL USE - DWELLING HAS NOT BEEN OCCUPIED BY A PERSON EMPLOYED OR LAST EMPLOYED IN AGRICULTURE

GRE P/2015/0489

GRANTED

05/08/2015

CHAPEL COTTAGES DENTAL PRACTICE, 5 CHAPEL COTTAGES, HIGH STREET, GRESFORD, WREXHAM, LL12 8PR

ERECTION OF FRONT PORCH AND INTERNAL ALTERATIONS

GWE P/2015/0495

GRANTED

10/08/2015

GRESFORD VIEW, BOTTOM ROAD, SUMMERHILL, WREXHAM, LL11 4TW

SINGLE-STOREY SIDE EXTENSION

WRA P/2015/0498

GRANTED

11/08/2015

2 CAMBERLEY DRIVE, WREXHAM, LL12 7LW

ERECTION OF FENCE (IN RETROSPECT)

OVE P/2015/0500

GRANTED

21/08/2015

GWYDYR HOUSE, 7 PENYLLAN STREET, OVERTON, WREXHAM, LL13 0EE

LISTED BUILDING CONSENT TO REPAIR AND REINSTATE WINDOWS

GWE P/2015/0503

GRANTED

11/08/2015

27 WESTBURY DRIVE, PANDY, WREXHAM, LL12 8PZ

APPLICATION FOR NON-MATERIAL AMENDMENT TO PLANNING PERMISSION P/2014/0823 TO PROVIDE FLAT ROOF WITH PARAPET IN LIEU OF MIXED PITCHED ROOF AND MINOR INCREASE TO FOOTPRINT OF EXTENSION

BRN P/2015/0505

REFUSED

19/08/2015

TYDDYN, HIGHER LANES, ISCOYD, WREXHAM, SY13 3AX

CONVERSION AND EXTENSION TO EXISTING BARN TO FORM 1 NO RESIDENTIAL PROPERTY INCLUDING ASSOCIATED PARKING AND PRIVATE GARDEN AREA

LGC P/2015/0508

GRANTED

24/08/2015

CEFFYL GWYN STABLES, TYN Y CESTYLL ROAD, GLYN CEIRIOG, WREXHAM, LL20 7NL

CHANGE OF USE OF LAND FROM EQUINE (INCLUDING MENAGE, STABLES AND HARDSTANDING) FOR PERSONAL USE TO EQUINE USE FOR COMMERCIAL PURPOSES AND STATIONING OF CLASSROOM / AMENITIES CARAVAN (IN RETROSPECT) AND THE LAYING OF ADDITIONAL HARDSTANDING FOR CAR PARKING


HOL P/2015/0509

GRANTED

11/08/2015

2 ASHLEY COURT, HOLT, WREXHAM, LL13 9JZ

REAR CONSERVATORY EXTENSION, REPLACEMENT WINDOWS AND FRONT DOOR AND RE-PAINTING GARAGE DOOR

LLA P/2015/0511

GRANTED

11/08/2015

THE GRANGE, GEGIN LANE, LLAY, WREXHAM, LL12 0NU

ERECTION OF SINGLE STOREY SIDE EXTENSION WITH SUN TERRACE / GLAZED BALCONY OVER, ERECTION OF EXTERNAL METAL STAIRCASE, DETACHED DOUBLE GARAGE WITH LEAN-TO GARDEN STORE AND INSERTION OF REPLACEMENT WINDOWS

HOL P/2015/0514

GRANTED

12/08/2015

BRYMAR, FROG LANE, HOLT, WREXHAM, LL13 9HJ

REAR EXTENSION AND INTERNAL ALTERATIONS

HOL P/2015/0515

GRANTED

12/08/2015

BRYMAR, FROG LANE, HOLT, WREXHAM, LL13 9HJ

DEMOLITION OF 2 NO OUTBUILDINGS (WITHIN HOLT CONSERVATION AREA)

BRO P/2015/0518

GRANTED

24/08/2015

COURT VIEW, QUARRY ROAD, BRYNTEG, WREXHAM, LL11 6AB

CONVERSION OF GARAGE INTO ADDITIONAL LIVING ACCOMMODATION AND LINK EXTENSION TO MAIN DWELLING

GRE P/2015/0519

GRANTED

11/08/2015

SPRINGFIELD FARM, MARFORD HILL, MARFORD, WREXHAM, LL12 8TD

FORMATION OF NEW DRIVEWAY AND CREATION OF NEW ACCESS ONTO B5445

WRC P/2015/0521

GRANTED

24/08/2015

LAND OFF, WHITEGATE ROAD, WREXHAM, LL13 8UG

VARIATION OF CONDITION 5 OF PLANNING PERMISSION P/2014/0497 TO REQUIRE SUBMISSION AND APPROVAL OF HIGHWAY SCHEME TO ADOPTION STANDARDS AND ITS IMPLEMENTATION BEFORE THE DWELLINGS ARE OCCUPIED

WRA P/2015/0522

GRANTED

28/07/2015

47 WINDERMERE ROAD, ACTON, WREXHAM, LL12 8AH

APPLICATION TO MAKE NON-MATERIAL AMENDMENT TO PLANNING PERMISSION P/2015/0386 TO ALTER EXTERNAL FACING MATERIALS OF EXTENSION FROM BRICK TO RENDER

BAN P/2015/0523

GRANTED

19/08/2015

GREENACRE, OVERTON ROAD, BANGOR ON DEE, WREXHAM, LL13 0BY

SINGLE-STOREY EXTENSION AND DETACHED REPLACEMENT GARAGE WITH STORAGE AND OFFICE AREA


BRY P/2015/0525

GRANTED

11/08/2015

MOUNTAIN VIEW, PENTRE SAESON, BWLCHGWYN, WREXHAM, LL11 5TY

EQUESTRIAN MENAGE (40M X 20M) WITH SAND/RUBBER MIX SURFACE, POST/RAIL FENCING AND LOW LEVEL LIGHTING FOR PRIVATE USE

ROS P/2015/0526

GRANTED

11/08/2015

THREE ACRES, ROSEMARY LANE, BURTON, WREXHAM, LL12 0LA

APPLICATION FOR CERTIFICATE OF LAWFUL PROPOSED DEVELOPMENT TO VERIFY THAT PROPOSED NEW EXTENSIONS ON THE PROPERTY ARE PERMITTED DEVELOPMENT UNDER PART 1 SCHEDULE 2 OF TOWN & COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER 1995 AS AMENDED

RHO P/2015/0528

GRANTED

24/08/2015

85 MARKET STREET, RHOSLLANERCHRUGOG, WREXHAM, LL14 2LB

DISPLAY OF ADVERTISEMENTS - FASCIA AND HANGING SIGNS (BOTH TO BE ILLUMINATED)

RHO P/2015/0529

GRANTED

24/08/2015

57 MARKET STREET, RHOSLLANERCHRUGOG, WREXHAM, LL14 2LA

DISPLAY OF ADVERTISEMENTS - FASCIA AND HANGING SIGNS (BOTH TO BE ILLUMINATED)

LLA P/2015/0532

GRANTED

12/08/2015

1 TREWERYN CLOSE, LLAY, WREXHAM, LL12 0RP

FRONT CONSERVATORY EXTENSION

WRA P/2015/0534

GRANTED

11/08/2015

124 CHESTER ROAD, WREXHAM, LL11 2SN ERECTION OF 6FT HIGH FENCE (IN RETROSPECT)

BRN P/2015/0535

GRANTED

24/08/2015

DRURY LANE FARM, DRURY LANE, TYBROUGHTON, WREXHAM, SY13 3BD

DEMOLITION OF EXISTING SINGLE STOREY REAR EXTENSION, PROPOSED TWO STOREY SIDE EXTENSION, ALTERATIONS TO EXISTING DWELLING, REMOVAL OF SOME HARDSTANDING AND PROPOSED NEW PAVED TERRACE, ERECTION OF DETACHED GARAGE WITH GARDEN STORE

MAR P/2015/0537

GRANTED

11/08/2015

PLAS EYTON, SONTLEY, WREXHAM, LL13 0YD

FIRST FLOOR EXTENSION TO PROVIDE EXTENDED BEDROOM SUITE


HAN P/2015/0541

GRANTED

11/08/2015

BRYN ROSSETT FARM, HANMER, WREXHAM, , SY13 3BS

EXTENSION TO EXISTING OUTDOOR HORSE EXERCISE AREA - OVERALL 58M X 30M (IN RETROSPECT)

CHI P/2015/0542

GRANTED

25/08/2015

2 PENTRE BARNS, PENTRE, CHIRK, WREXHAM, LL14 5AW

REAR GARDEN ROOM EXTENSION

RHO P/2015/0547

GRANTED

11/08/2015

83 AND 85, HEOL OFFA, JOHNSTOWN, WREXHAM, LL14 2BB

PRIOR NOTIFICATION OF PROPOSED DEMOLITION OF 83 AND 85 HEOL OFFA

RHO P/2015/0559

GRANTED

24/08/2015

TELECOMMUNICATIONS MAST, COPPI INDUSTRIAL ESTATE, RHOSLLANERCHRUGOG, WREXHAM, LL14 1TG

PRIOR APPROVAL FOR SITING AND APPEARANCE OF TELECOMMUNICATION EQUIPMENT - TO REMOVE EXISTING 8M HIGH MONOPOLE AND CABINET AND REPLACEMENT WITH NEW 17.5M HIGH JUPITER DUAL STACK STREET WORKS POLE AND NEW CABINETS

HOL P/2015/0562

GRANTED

25/08/2015

DEE COTTAGE, BRIDGE STREET, HOLT, WREXHAM, LL13 9JG

EXTENSION AND ALTERATIONS

GWE P/2015/0572

GRANTED

25/08/2015

49 WESTBURY DRIVE, GRESFORD HEATH, PANDY, WREXHAM, LL12 8PZ

LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED DEVELOPMENT - SINGLE STOREY EXTENSION TO REAR TO FORM ENLARGED DINING ROOM

LGC P/2015/0574

GRANTED

11/08/2015

FRON HEULOG, TYN Y CESTYLL ROAD, GLYN CEIRIOG, WREXHAM, LL20 7NF

NON MATERIAL AMENDMENT TO PLANNING PERMISSION P/2008/1337 TO ALLOW REDUCTION IN BUILDING LENGTH BY 1.5 METRES

OVE P/2015/0593

GRANTED

11/08/2015

CLOVER COTTAGE, KNOLTON, OVERTON, WREXHAM, LL13 0LV

NON MATERIAL AMENDMENT TO PLANNING PERMISSION P/2013/0800 TO MAKE ALTERATIONS TO KITCHEN AREA OF EXTENSION

RUA P/2015/0598

GRANTED

11/08/2015

GARDDEN LODGE, GARDDEN, RUABON, WREXHAM, LL14 6RD

NON MATERIAL AMENDMENT TO PLANNING PERMISSION P/2015/0159 TO ALTER PROPOSED GROUND FLOOR UTILITY WINDOW TO FRENCH DOOR WITHIN WEST FACING ELEVATION

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