Page No 1
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Community
Code No
Applicant
Recommendation
Page Nos
ESC
P/ 2007/0682
Countryside Properties
(Northern) Ltd
GRANT
3-8
ESC
P/ 2007/0685
Countryside Properties
(Northern) Ltd
GRANT
9 - 16
ESC
P/ 2007/0686
Countryside Properties
(Northern) Ltd
GRANT
17 - 42
BRY
P/ 2007/0955
Mr G Hughes
GRANT
43 - 46
GLY
P/ 2007/1114
Malcolm Evans
REFUSE
47 - 50
CEF
P/ 2007/1276
Pennaf
Mr Richard Williams
GRANT
51 - 55
CEF
P/ 2007/1282
Mr & Mrs Edwards
GRANT
56 - 59
WRR
P/ 2007/1400
Mr PI Wright
GRANT
60 - 63
ROS
P/ 2007/1424
MR ALAN BROOKE
GRANT
64 - 68
WRO
P/ 2007/1428
N E WALES NHS TRUST
GRANT
69 - 72
RHO
P/ 2007/1431
MR D HANNABY
GRANT
73 - 78
GLY
P/ 2008/0001
MRS RP DAVIES
GRANT
79 - 81
WRO
P/ 2008/0007
McINERNEY HOMES
HOMES (NW) LTD
GRANT/REFUSE
82 - 85
LLA
P/ 2008/0015
MR L WARBURTON
GRANT
86 - 90
MIN
P/ 2008/0031
E ROGERS
GRANT
91 - 95
RUA
P/ 2008/0034
DWR CYMRU WELSH
WATER
GRANT
96 - 98
RUA
P/ 2008/0062
DWR CYMRU WELSH
WATER
GRANT
99 - 101
WRO
P/ 2008/0042
THE SPIRIT GROUP LTD
MRS K TURTON
GRANT
102 - 105
CEF
P/ 2008/0052
WREXHAM C B C
GRANT
106 - 108
MAE
P/ 2008/0065
PENLEY RAINBOW CENTRE
GRANT
109 - 112
BRO
P/ 2008/0066
PRICEHARRIS
DEVELOPMENTS LTD
GRANT
113 - 118
WRA
P/ 2008/0083
MR N GRIFFITHS
GRANT
119 - 121
WOR
P/ 2008/0085
CB HOMES LTD
GRANT
122 - 125
WRA
P/ 2008/0086
MR & MRS E WILLIAMS
GRANT
126 - 129
Page No 2
LLA
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
P/ 2008/0087
AUTO SALES CHESHIRE &
GRANT
NORTH WALES
130 - 132
BRY
P/ 2008/0095
133 - 136
GILL MCNAMARA
Total Number of Applications in Report:
GRANT
26
All plans included in this report are re-produced from Ordnance Survey Mapping with
the permission of the Controller of Her Majesty’s Stationery Office.  Crown
Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to
prosecution or civil proceedings.
WCBC Licence No. LA0902IL
All plans are intended to be illustrative only and should be used only to identify the
location of the proposal and the surrounding features. The scale of the plans will
vary. Full details may be viewed on the case files.
Page No 3
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /0682
LOCATION:
Land At Wrexham Road Rhostyllen
Wrexham
DATE RECEIVED:
30/05/2007
COMMUNITY:
Esclusham
DESCRIPTION:
Variation of condition no. 5 imposed under
Planning permission code no. P/2004/0940
to allow the installation of signal
controlled junctions instead of two
roundabouts on Wrexham Road.
CASE OFFICER:
JGK
WARD:
Esclusham
AGENT NAME:
Countryside Properties
(Northern) Ltd
APPLICANT(S) NAME:
Countryside Properties (Northern) Ltd
_____________________________________________________________________
THE SITE
Traffic light
junctions
PROPOSAL
Variation of condition no 5 imposed under planning permission code no p/2004/0940
to allow the installation of two signal controlled junctions instead of two roundabouts
on Wrexham Road. (at Church St/Wrexham Rd and Eldon Grove/Wrexham Rd).
RELEVANT HISTORY
P/2004/0940 Outline application for residential development and open amenity land,
construction of new vehicular and pedestrian access and alteration to
existing vehicular and pedestrian. Granted 06.12.04.
Page No 4
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
P/2007/0683 Construction of 2 new footpaths/cycleways and erection of three
footbridges. Granted 20.07.07.
P/2007/0684 Fell 1 no. Ash tree (TPO WCBC No. 23). Refused 10.07.07.
P/2007/0685 Development of community centre (D1) retail (A1) and cafe (A3).
(next application on agenda)
P/2007/0686 Residential development (223 dwellings) and construction of new
vehicular and pedestrian accesses (granted in outline under code no.
P/2004/0940). Application later on this agenda.
DEVELOPMENT PLAN
Site allocated for residential within the settlement limits The policies relevant to
considering these proposals are PS1, PS2 and GDP1.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other representations:
Notified 31.May.07.
Notified 31.May.07. (oral response: objects)
Traffic signal controlled junctions will provide greater
safety for pedestrians crossing the road.
Comments received as follows:

Safety of pedestrians is vitally important at the
proposed junctions

Hazards associated with the existing parking
arrangements with the Co Op (at junction of Eldon
Grove with Wrexham Road) need addressing

Pedestrian crossings should be “Toucan” design

Noise and light pollution should not create a
nuisance to nearby properties

Insufficient drainage provision at junction of
Eldon Grove with Wrexham Road
SPECIAL CONSIDERATIONS/ ISSUES
(See also my reports P/2007/0685 & 0686)
Background: Outline planning consent (ref no P/2004/0940) was granted in 2004 and
condition 5 stated that:
‘No development shall take place until details of all off-site road improvements have
been submitted to and further approved by the Planning Authority. These shall
include:
a. construction of two new roundabouts on Wrexham Road.
b. pedestrian/cycle crossing on Wrexham Road.
c. works to Church Street to improve pedestrian facilities.
The works shall be implemented within a timescale to be further agreed with the
Local Planning Authority.’
The applicant now considers that it would be better to install signal controlled
junctions in place of the two roundabouts on Wrexham Road and seeks to vary the
condition in this respect only.
Page No 5
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Highways: At the time of the outline consent the form of development was not
known but similarities were identified between this development site and the Holt
Road development. Consequently, a condition requiring that access be provided by
means of roundabouts was agreed. As details of the development progressed it
became apparent that traffic signal control of the main points of access would be more
appropriate. The housing development has the potential to generate significant
numbers of pedestrian movements and it is considered that traffic signal control will
provide greater safety the movement of vehicles and for pedestrians/cyclists crossing
the road. Apart from the control of traffic at the junctions, traffic signals in the form
of puffin crossings will also be utilised to provide designated crossing points along the
Wrexham Road for pedestrians and cyclists (see my report P/2007/0686).
In addition, the introduction of a traffic signal controlled at the Eldon Grove junction
with Wrexham Road will improve the parking arrangements for the Co-op.
Conclusion: I consider that the introduction of traffic signal controlled junctions will
be an improvement to the proposed scheme and will provide for increased highway
and pedestrian safety.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
As part of the reserved matters, a Final Masterplan shall be submitted for the
further approval of the Local Planning Authority. The Final Masterplan will take
account of the approved Wrexham Road Rhostyllen Planning Development Brief,
consisting of a detailed site survey/appraisal, establish the development framework
and identify a sustainable design strategy.
2.
Approval of the following details shall be obtained from the Local Planning
Authority before any part of the development is commenced:
a. the siting of the building(s)
b. the design of the building(s)
c. the external appearance of the building(s)
d. the means of access to the site and building(s)
e. the proposed layout and functions of the external spaces, including the layout of
vehicle parking and turning facilities.
3.
Plans and particulars of the reserved matters referred to in condition 1 and 2
(above) shall be submitted in writing to the Local Planning Authority before the
expiry of three years from the date of this permission. The development shall only be
carried out in strict conformity with such details as are thereby approved.
4.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission or two years from the date of approval of the
last of the reserved matters required to be approved, whichever is the later.
5.
No development shall take place until details of all off-site road
improvements have been submitted to and further approved by the Planning
Authority. These shall include:
a. construction of two signal controlled junctions on Wrexham Road.
b. pedestrian/cycle crossing on Wrexham Road.
c. works to Church Street to improve pedestrian facilities.
The works shall be implemented within a timescale to be further agreed with the
Local Planning Authority.
Page No 6
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
6.
No development shall take place within the site until a scheme detailing the
proposed access arrangement and the layout, design, drainage and construction of the
internal estate roads has been submitted and approved by the Local Planning
Authority prior to the commencement of any site works.
7.
Details of internal and external footpath and cycle path provision are to be
submitted to and further approved by the Planning Authority.
8.
Prior to commencement of development, a Travel Plan shall be submitted to
and further approved by the Planning Authority. Any agreed proposals shall be
implemented in accordance with a timescale to be further approved.
9.
The estate roads and footways shall be progressively constructed to base coat
standard from the junction with the adjacent highways across the frontage of each plot
prior to occupation of the building erected thereon.
10.
The reserved matters for the housing area shall include details for the
provision of public open space within the site at a minimum level of 80sm per
dwelling. Such details shall include a management plan for the future maintenance of
such areas.
11.
Prior to commencement of any development full details of surface water
drainage scheme shall be submitted for the further approval of the Local Planning
Authority. The scheme as approved shall be completed prior to the occupation of the
first dwelling or the first of the units on the employment site.
12.
Prior to commencement of the development provision shall be made to offset
the shortfall in education facilities as agreed with the Local Planning Authority. This
will be a financial contribution towards the provision of additional facilities to nearby
existing primary schools.
13.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. the works shall be implemented
in accordance with a timescale to be approved in conjunction with the scheme of
details.
14.
No development shall take place until details of earthworks have been
submitted to and approved by in writing by the Local Planning Authority. The works
shall be implemented in accordance with a time scale to be approved in conjunction
with the scheme of details
15.
A landscape management plan, including long term design objectives,
management responsibilities and maintenance schedules for all landscape areas shall
be submitted to and approved in writing by the Local Planning Authority prior to the
occupation of development or any phase of the development, whichever is sooner, for
its permitted use. The approved landscape management plan shall be carried out as
approved.
16.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of 2.1m 'Heras' fencing fixed to a scaffold framework
and erected at full extent of each tree and shrub. Nothing shall be stored or placed in
any area fenced in accordance with this condition and the ground levels within those
areas shall not be altered, nor shall any excavations be made without the written
permission of the Local Planning Authority.
17.
No part of the development shall be commenced until a noise survey has been
undertaken to determine noise levels for both day and night having regard to Planning
Page No 7
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Policy Guidance (Wales) Technical Advice Note 11 - Noise. The detailed report to be
submitted and approved by the Local Planning Authority shall include:
a. noise levels arising from day/night activities arising from the A5152 and the
railway line in the vicinity to the proposed development site and the impact on the
proposed accommodation.
b. a detailed scheme on noise insulation and/or attenuation measures so designed to
safeguard the amenity of the future occupants of the proposed accommodation hereby
approved.
c. an assessment and proposed mitigation measures of likely noise impacts associated
with the construction phase upon existing noise receptors on both sides of the A5152.
All data shall be representative of typical conditions for both day (0700 - 2300 hours)
and night (2300 - 0700 hours). Any mitigation measures required shall be
implemented in accordance with timescales to be agreed as part of the measures
before development is commenced.
18.
Prior to commencement of development an air quality assessment in relation
to the A5152 for the road traffic pollutants of Nitrogen Dioxide (NO2) and Particulate
(PM10) using appropriate monitoring methods, as described in the guidance note,
"Review and Assessment: Monitoring Air Quality LAQM T1 (00) May 2000", shall
be made. The monitoring shall be undertaken for a minimum of three months. The
results obtained from the monitoring shall be used in a suitable model to evaluate the
likely pollutant concentrations at any point at the development. It shall be
demonstrated that the air quality objectives as set out in the Air Quality (Wales)
Regulations 2000 are not exceeded. The development shall only be constructed in
strict accordance with Building Regulations.
19.
A dust management scheme shall be submitted and approved by the Local
Planning Authority prior to commencement of the developmente. Any mitigation
measures required shall be implemented in accordance with timescales to be agreed as
part of the measures before development is commenced.
20.
The submitted details shall provide for an element of affordable housing
within the overall housing scheme and as agreed with the Local Planning Authority.
The number and mechanism for securing continued affordability shall be included in
such details
21.
Prior to being discharged into any watercourse, surface water sewer or
soakaway system, all surface water drainage from car parking areas and hardstandings
shall be passed through trapped gullies with an overall capacity compatible with the
site being drained.
22.
No development approved by this permission shall be commenced until a
scheme for the provision and implementation of a surface water regulation system has
been submitted to and approved in writing by the Local Planning Authority. Such a
scheme shall be implemented prior to the construction of any impermeable surfaces
draining to the system unless otherwise agreed in writing by the Local Planning
Authority. Surface water generated from new impermeable surfaces must be limited
to equivalent Greenfield rate for the site, the level of which to be agreed with the
Agency.
23.
No part of the development shall be occupied until the Public Right of Way
level crossing to the railway is replaced by measures which ensure pedestrian safety in
full accordance with details which have been submitted and approved by the Local
Planning Authority.
Page No 8
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
REASON(S)
1.
To accord with UDP Policies, the Council's LPG Notes and Planning Policy.
2.
To comply with the provisions of the Town and Country Planning (General
Permitted Development Procedure) Order 1995.
3.
To comply with Section 92 of the Town and Country Planning Act 1990.
4.
To comply with Section 92 of the Town and Country Planning Act 1990.
5.
In the interests of the free and safe movement of traffic on the adjacent
highway network.
6.
To ensure the formation of a safe and satisfactory access in the interests of
highway safety.
7.
To ensure adequate facilities are available to enable safe and satisfactory
access by pedestrians and cyclists.
8.
To ensure the provision of sustainable travel.
9.
In the interests of highway safety.
10.
To ensure that the development is afforded adequate public open space, in the
interests of the amenities of the future residents.
11.
To ensure a satisfactory method of drainage and to prevent flooding/pollution.
12.
To accord with UDP Policies GDP2 and CLF1 together with LPG Note 16 Developer Contributions to Schools.
13.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
14.
To ensure that the works on the site properly take into account of the future
health of trees
15.
To ensure landscape features are properly considered and protected.
16.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
17.
To protect the amenities of the occupiers of nearby properties.
18.
To protect the amenities of the occupiers of nearby properties.
19.
To protect the amenities of nearby properties.
20.
To accord with UDP Policy H7.
21.
To prevent pollution of the water environment.
22.
To prevent the increased risk of flooding on and off site.
23.
For the safety of all pedestrians.
_____________________________________________________________________
Page No 9
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /0685
LOCATION:
Land At Wrexham Road Rhostyllen
Wrexham
DATE RECEIVED:
30/05/2007
COMMUNITY:
Esclusham
DESCRIPTION:
Development of community centre (D1)
retail (A1) and cafe (A3)
CASE OFFICER:
JGK
WARD:
Esclusham
APPLICANT(S) NAME:
Countryside Properties (Northern) Ltd
AGENT NAME:
Countryside Properties
(Northern) Ltd
_____________________________________________________________________
P/2007 /0685
THE SITE
Land on south side of Wrexham road, Rhostyllen (see overleaf for plan)
PROPOSAL
Development of community centre (D1) retail (A1) and cafe (A3).
RELEVANT HISTORY
P/2004/0940 Outline application for residential development and open amenity land,
construction of new vehicular and pedestrian access and alteration to
existing vehicular and pedestrian. Granted 06.12.04.
P/2007/0682 Variation of condition no 5 imposed under planning permission code
no p/2004/0940 to allow the installation of signal controlled junctions
instead of two roundabouts on Wrexham Road. Current application.
P/2007/0683 Construction of 2 new footpaths/cycleways and erection of three
footbridges. Granted 20.07.07.
P/2007/0684 Fell 1 no. Ash tree (TPO WCBC No. 23). Refused 10.07.07.
P/2007/0686 Residential development (223 dwellings) and construction of new
vehicular and pedestrian accesses (granted in outline under code no.
P/2004/0940). Current application.
DEVELOPMENT PLAN
Within the settlement limits and allocated as housing site [H1 (10)]. The policies
relevant to considering these proposals are PS1, PS2, PS4, GDP1, S6 and T8. Local
Planning Guidance Note 16 – Parking Standards.
Page No 10
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
To Wrexham
Location of retail
units and café
Location of
community centre
Plan 1 Application Site
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Environment Agency:
Highways:
Welsh Water:
Notified 01.06.07.
Notified 01.06.07.
Add conditions re Dust Management Scheme and noise
control. Notes to Applicant re hours of operation.
Include conditions re storage of oils, fuels, etc. and
protection of any watercourse. Add Notes to Applicant.
Substantially less parking than required by LPG 16. No
justification for shortfall.
No objections. Add conditions to protect the integrity
of the public sewerage system.
Page No 11
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Adjoining Occupiers:
Objection received as follows:
 Nationally, many village shops are closing
 Difficult for independent traders to maintain
viability in the face of larger shopping chains
situated locally – Co-operative store at corner of
Eldon Grove and those in nearby Wrexham town
 Demographic, transport and modern lifestyle will
affect the long term survival of village businesses
such as those proposed
 Doomed to failure from the start and will be
destined to become fast food outlets attracting local
youth, nuisance and crime
SPECIAL CONSIDERATIONS/ ISSUES
Background: Outline planning permission (P/2004/0940) was granted in 2004. The
proposal was then for residential development and open amenity land. There were no
further details under consideration. Following extensive deliberation by the applicant
and discussions with the local community the proposals contained within the
‘reserved matters’ submission now show the provision of a new community building
located at the end of the village square fronting onto Wrexham Road. The
development to the immediate north of this square will also provide retail units and a
café.
Policy: The site is a housing allocation within the adopted UDP and has outline
planning permission for residential development. Policy PS1 directs new
development for community services to within settlement limits, therefore the
provision of a new community centre would be supported. Furthermore, policy GDP1
(k) states that new development should secure the development of sustainable
communities, which a mixed-use development would facilitate. Policy S4 states small
scale shopping developments will be allowed within settlement limits, providing the
development is accessible on foot, does not harm residential amenity and that the
sales area does not exceed 300 square metres. Both the shop and café fall below this
threshold, and are well integrated within the proposed development, so would also
accord with this policy. Therefore, there are no policy objections in principle to the
proposal.
Amenity and Design: The proposed community hall is a strong feature two storey
building located at either end of the two public squares/greens and is the centrepiece
of the development (see Plan 1). It has significant presence with floor to ceiling
heights nearly twice those of the houses and provides an interesting outlook facing
Wrexham Road. I am concerned that at some time in the future the Council may be
faced with an application to change the use to a fast food outlet. I consider this
inappropriate and I have added a condition to ensure that the proposed development is
only used for the intended purposes.
Page No 12
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Drawing showing elevation of retail units and community hall facing Wrexham Road
Highways: Since the initial application for this development further information has
been submitted to address the shortfall in parking.
Community Centre - There is a communal parking area some 30m walk from the
Community centre providing 18 spaces. This would leave a shortfall on the
maximum standards of just 4 spaces. The applicant has assessed the potential traffic
generation for the community hall using TRICS. This indicates a peak rate of 14 trips
between 12 midday and 1pm; just 7 vehicles per hour. Clearly there could be
potential for increased vehicular movement in the evenings when the centre may be
used for meetings or parties. It should be noted however that there are additional
parking spaces provided at the shop/tearooms, which is likely to have spare capacity
in the evenings. I have conditioned that this area of communal parking be dedicated
for the sole use of the Community Centre. Cycle parking for 8 bicycles are also
provided for this facility.
Tearoom - there is a communal parking area immediately adjacent to these facilities
providing 21 spaces. My initial assessment of the parking requirements for the cafe
usage was based solely on A3 use under LPGN 16, which caters for pubs, restaurants
and fast food stores. A café in this location will clearly not require the sort of
provision required for a fast food store. It can be assumed that the vast majority of
people using the facility will be pedestrians and certainly people who live in the
locality. I consider that the requirements for parking provision can be significantly
reduced in this instance. An appropriate planning condition is attached to ensure that
the unit is solely used as a café and adequate measures will be put in place to ensure
that a fast food store is not permitted on site. Cycle parking for 12 bicycles are also
provided for this facility.
Village Store - the figures derived from TRICS for a village store indicate a peak
traffic generation between 5 pm and 6pm. It is considered likely that a similar peak
occurs during the 8am to 9am period as people journey to work. This is not
demonstrated on the submitted information so for the purposes of this assessment I
will assume a more robust figure of 23 is used (similar to the evening peak). It is
highly unlikely that the café will be occupying any spaces in the morning peak hour
so the full 21 space capacity is available. This should adequately cater for the
anticipated demand on parking.
It is anticipated that peak demand on the car park is likely to be between 12 and 1pm.
TRICS predicts a total of 39 vehicles using the café and shop facilities will arrive at
the car park within that hour. I do not envisage this number putting any undue
pressure on parking provision given that the continuous nature of comings and goings
associated with a village store will mean parking spaces become available on a regular
basis.
Page No 13
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Conclusion: The Community Centre is intended to be the hub of the proposed
development and the existing Rhostyllen community. There are numerous points of
access into the development site and this permeability is intended to encourage the
existing residents of Rhostyllen to walk to the proposed new facilities. Given current
National guidelines on promoting sustainable development I consider that adequate
parking is provided for the Community centre. The village store and tea-room are
centrally located for the benefit of existing and proposed dwellings and it is
anticipated that a significant number of residents will walk to these facilities rather
than use a vehicle. The communal parking areas will be shared between tea-room/
village store facilities. It is considered that their peak usage will not coincide and that
adequate parking is therefore being provided. In consideration of parking provision it
must be noted that Local Planning Guidance Note 16 parking standards are maximum
standards. I consider the Travel Plan submitted by the developer is adequate
justification for any perceived shortfall.
The community hall will be an important feature building within the proposed
development. It is well designed as is the proposed retail and café development and
together will provide additional community facilities for the village. The proposals
are in accord with Wrexham Unitary Development policies and Guidance Notes. I
understand that the National Trust will retain ownership of the retail and café
development and therefore control their uses. Nevertheless, I have attached
appropriate conditions to ensure that the units are only used for retail and a café.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
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.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
4.
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).
5.
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 without the approval of Local planning Authority.
6.
The retail unit shown as a village store on the approved plans shall not be used
for any other purpose other than a purpose within Class A1 of the Schedule to the
Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent
to that class in any statutory instrument revoking and re-eancting that Order with or
without amendment).
Page No 14
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
7.
Notwithstanding the provisions of Class A3 of the Town and Country
Planning (Use classes) Order 1987 (or in any provision equivalent to that class in any
statutory instrument revoking and re-enacting that Order with or without amendment),
the unit shown as a tearoom shown on the approved plans shall only be used as a tea
room for the sale of food for consumption on the premises. For the avoidance of
doubt, no food shall be sold by means of take-away or delivery from the premises.
8.
Details of any security shutters or any facilities for the provision of security to
the premises shall be submitted to and approved in writing by the Local Planning
Authority before their installation. No other means of security for the premises shall
be installed without the further approval of the Local Planning Authority.
9.
Full details of a scheme to manage the general use of the community building
including measures to prevent potential noise and disturbance, and measures to ensure
that the communal parking area is used solely for users of the Community hall shall
be submitted to and approved in writing by the Local Planning Authority. The
scheme as agreed shall be implemented throughout the use of the building.
10.
For 12 months from the date of the first operation, the hours of use of the
community hall shall be strictly limited to 0700 hours to 2200 hours (Sundays to
Thursdays) and 0700 hours to 2230 hours (Fridays and Saturdays). Thereafter, unless
prior permission has been granted by the Local Planning Authority, the development
shall only be used between the hours of 0700 hours and 2230 hours.
11.
The community hall development hereby approved shall be provided and
available for community use prior to occupation of the 75th residential unit.
12.
No part of the retail/café development hereby approved shall be brought into
use until the communal car and cycle parking as detailed on the approved plan
(drawing no RHOS-SITE-107 rev B) has been provided and is in operation, and
thereafter retained for those purposes.
13.
No part of the community hall development hereby approved shall be brought
into use until the communal car and cycle parking as detailed on the approved plan
(drawing no RHOS-SITE-104 rev B) has been provided and is in operation, and
thereafter retained for those purposes.
14.
Foul water and surface water discharges shall only be drained separately from
the site.
15.
No surface water shall be allowed to connect (either directly or indirectly) to
the public sewerage system.
16.
No land drainage run-off will be permitted, either or in directly, to discharge
into the public sewerage system.
17.
Grease traps shall be provided to prevent entry into the public sewerage
system of matter likely to interfere with the free flow of the sewer contents, or which
would prejudicially affect the treatment and disposal of such contents.
18.
Any facilities for the storage of oils, fuels or chemicals shall be sited on
impervious bases and surrounded by impervious bund walls. The volume of the
bunded compound should be at least equivalent to the capacity of the tank plus 10%.
If there is more than one tank, the compound should be at least equivalent to the
capacity of the largest tank, or the combined capacity of interconnected tanks, plus
10%. All filling points, vents gauges and sight glasses must be located within the
bund. The drainage system of the bund shall be sealed with no discharge to any
watercourse, land or underground strata.
19.
Details of equipment to be installed for the extraction and/or treatment of
fumes from the process (including any external ducting) shall be submitted to the
Local Planning Authority. No part of the process shall be commenced until those
Page No 15
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
details have been approved in writing by the Local Planning Authority and the
approved scheme has been fully implemented. The works shall be retained in full
accordance with the approved details.
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.
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.
5.
To minimise clutter and to avoid excessive display to the detriment of the
visual amenities of the area.
6.
In the interest of amenity.
7.
In the interest of amenity.
8.
In the interest of amenity.
9.
To protect the amenities of the occupiers of nearby properties.
10.
To protect the amenities of the occupiers of nearby properties.
11.
To ensure that the community facility is provided at an early stage of the
overall development
12.
To provide adequate parking facilities for the approved development.
13.
To provide adequate parking facilities for the approved development.
14.
To protect the integrity of the public sewerage system.
15.
To prevent hydraulic overloading of the public sewerage system, to protect the
health and safety of existing residents and ensure no detriment to the environment.
16.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
17.
To protect the integrity of the public sewerage system and sustain an essential
and effective service to existing residents.
18.
To prevent pollution of the water environment.
19.
To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
You are advised that the planning permission hereby granted does not authorise any
building over, diversion, connection or other interference with any sewer, public or
private, which crosses the site. You are advised to contact Welsh Water, PO Box 10,
Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any
groundwork in connection with the development. Should you be required to depart
from the details hereby approved, you should contact the Council's planning
department to seek further advice with regard to the submission of amended plans and
/ or a new planning application.
Regarding a connection to the public sewerage system you are advised to contact Dwr
Cymru welsh Water's Network Development consultants on tel no 01443 331155.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
All works, ancillary operations and the use of plant and machinery which are audible
at the site boundary shall be carried out only between 0730 hours to 1930 hours
Monday to Friday, between 0800 hours to 1400 hours on Saturdays and at no time on
Sundays and Bank Holidays.
There shall be no fires on the site, to include the prohibition of the burning of cleared
vegetation.
You are advised that the Council has the power to control construction site noise by
means of a Control of pollution Act 1974, Section 60, Notice, where deemed
necessary.
Noise - D1, A1 &A3 uses - the rating level of any noise generated by reason of this
development shall not exceed the pre-existing background level by no more than 3
dB(A). The noise levels shall be determined at the nearest noise sensitive premises.
Measurements and assessments shall be made in accordance with BS4142:1997
"Method of Rating Industrial Noise Affecting Mixed Residential and Industrial
Areas".
The premises are required to comply with relevant Food Hygiene Legislation. You
are advised to contact the Chief Housing and Public Health Officer for advice on
these matters.
Any works (including temporary works) in, under, over or adjacent to any
watercourse may require the formal consent of the Environment Agency prior to
works commencing. In accordance with the Agency's "no-culverting" policy, consent
for culverting will only normally be granted for site access purposes.
Any waste excavation material or building waste generated in the course of the
development must be disposed of satisfactorily and in accordance with section 34 of
the Environmental Protection Act 1990.
The activity of importing waste into the site for use as, for example hardcore, must be
registered by the Environment Agency Wales as an exempt activity under the Waste
Management Licencing Regulations 1994.
_____________________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /0686
LOCATION:
Land At Wrexham Road Rhostyllen
Wrexham
DATE RECEIVED:
30/05/2007
COMMUNITY:
Esclusham
DESCRIPTION:
Residential development (223 dwellings)
and construction of new vehicular and
pedestrian accesses (granted in outline
under code no. P/2004/0940)
CASE OFFICER:
JGK
WARD:
Esclusham
APPLICANT(S) NAME:
Countryside Properties (Northern) Ltd
AGENT NAME:
Countryside Properties
(Northern) Ltd
_____________________________________________________________________
THE SITE
Land at Wrexham Road, Rhostyllen, Wrexham.
Plan 1: Application Site
PROPOSAL
Residential development (223 dwellings) and construction of new vehicular and
pedestrian accesses (granted in outline under code no. P/2004/0940).
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RELEVANT HISTORY
P/2004/0940 Outline application for residential development and open amenity land,
construction of new vehicular and pedestrian access and alteration to
existing vehicular and pedestrian access. Granted 06.12.04.
P/2007/0682 Variation of condition no 5 imposed under planning permission code
no P/2004/0940 to allow the installation of signal controlled junctions
instead of two roundabouts on Wrexham Road. previous item.
P/2007/0683 Construction of 2 new footpaths/cycleways and erection of three
footbridges. Granted 20.07.07.
P/2007/0684 Fell 1 no. Ash tree (TPO WCBC No. 23). Refused 10.07.07.
P/2007/0685 Development of community centre (D1) retail (A1) and cafe
(A3).previous item.
DEVELOPMENT PLAN
Within settlement limits Policies relevant are PS1, PS2, PS4, PS5, PS11, GDP1,
GDP2, EC4, EC6, EC12, H1, H7, CLF5, CLF 6, T1, T6, T8 and T9. Local Planning
Guidance Notes 7 – Landscape and Development, 10 – Public Open space in New
Housing Development, 15 – Cycling, 16 – Parking Standards, 17 – Trees and
Development, 21 – Space around dwellings, 22 – Sustainable Buildings, 23 –
Development Sites with Land Contamination, 24 – Designing out Crime, 27 –
Developer Contribution to Schools and 28 – Affordable Housing.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Has concerns in relation to road safety, housing density
and parking standards; but will support improvements
that the Council choose to condition in relation to these
matters.
Notified 31.05.07.
No objections in principle. It is accepted that the use of
traffic signal controlled junctions and pelican crossings
will improve highway and pedestrian safety. Travel
Plan submitted to address shortfall in parking. Most of
earlier concerns addressed through resubmission of a
revised scheme. Conditions required for: the
submission of detailed design for the traffic light
controlled junctions; a more comprehensive Travel Plan
and retention of the existing pedestrian link through the
church car park. S106 Agreement to ensure payment of
commuted sums in respect to improvements to Esless
Lane link to Clywedog School and in lieu of future
maintenance of proposed adopted highways.
Air Quality and TAN 11 - Noise reports submitted are
acceptable. Add conditions re. Noise mitigation
measures, submission of dust management scheme; and
add Notes to Applicant re. Construction phase –
contamination and hours of working.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Environment Agency:
Education:
Welsh Water:
CCW:
CPRW:
PRoW:
Ramblers:
Network Rail:
Wales & West Utilities:
WAG:
Wrexham Civic Society:
Site Notice:
Press Notice:
Other representations:
No objections in principle. Proposal intends to
incorporate Sustainable Urban Drainage System –
provision and implementation of SUDS scheme to be
conditioned. Attach standard Notes to Applicant.
Conditional contribution offer from National Trust of
£229,320 towards improving education accepted by
Education department.
Add conditions to protect integrity of public sewerage
system. Add Note to Applicant to protect existing
sewers.
No objections in principle to the proposal. Further
ecological appraisal and amphibian reports submitted
and acceptable.
Notified 31.05.07.
Notified 31.05.07.
Been working with the National Trust. Satisfied with
proposals. Adequate signage of ProW is made through
the development.
Notified 31.05.07.
No objections.
Requested by third party to ‘call in’ the planning
application. Issues considered and concluded that they
are not of more than local importance and application.
WAG do not consider that the application should be
called in for determination by Welsh Ministers and it is
for the Council to determine the application as it sees
fit.
Fully supportive in principle, some concerns in that the
scheme lacks cohesion, too diverse in house styling and
layout, with little way of character of existing
settlement.
Expired 26.06.07.
Expired 13.07.07.
27 letters of objection received raising the following
concerns:
(a) The site is an area of open land and would be
a great loss to the village of Rhostyllen.
(b) The extra traffic resulting from the
development will cause congestion on
Wrexham Road and will lead to pedestrian
and road traffic accidents.
(c) The installation of a signalled control
junction will lead to further congestion.
(d) The homes will not be affordable to local
residents.
(e) 75% unaffordable executive housing is not
beneficial to the community.
(f) The development is too large for Rhostyllen
putting strain on medical and education
facilities.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
(g) The school is not large enough to cope and
already there are a large number of cars
parked on the street outside the entrance; this
will only increase having a detrimental
impact on child safety.
(h) The proposed number of dwellings may lead
to an increase in on-street parking. The
scheme should include a strategy for public
transport.
(i) The distance from the front of the proposed
dwellings on Wrexham Road does not reflect
the character of those existing on the
opposite side.
(j) The sewerage and drainage systems in the
area are unlikely to cope with the
development.
(k) There is likely to be a negative affect on
wildlife.
(l) Object that the National Trust is taking local
heritage and selling land that was for the
people of Rhostyllen to enjoy, and to
develop it for profit when it was acquired at
no cost. It would be against the wishes of
the Squire Yorke.
(m) The development will reduce the amount of
countryside and green belt enjoyed by the
local community.
(n) Question the need for the development –
there are numerous properties that are unsold
in Rhostyllen; the Little Chef is empty so
another catering outlet is not needed; the
Parish Hall is under utilised as a community
centre.
(o) The proposals block the view currently
enjoyed by those living on Wrexham Road.
(p) The original outline stated that there were
150 dwellings, this has now increased to
223, which will be an overdevelopment of
the area.
(q) Request that a site visit be carried out.
(r) There is no local need for the development
Prior to the submission of the application 72 letters were received by the Planning
Department, of these 56 were signed leaflets that had been distributed by the ‘Homes
for Locals’ group. The following objections were received:
(a) Development will destroy the character of
Rhostyllen, which will no longer be classed
as a village.
(b) Increased pressure on schools and local
services.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
(c) Use of green fields is bad for the
environment
(d) Traffic will be a problem on the main road
(e) Local people will not be able to afford the
houses – homes should be for locals.
(f) Development is completely unnecessary.
(g) Don’t want Rhostyllen to be an English
suburb.
(h) Houses should be used for first time buyers
that have lived all their lives in Rhostyllen.
One letter of support received raising the following points:
(a) The development will benefit everyone who
lives in Rhostyllen.
(b) The development will being in people with
disposable income creating new
opportunities for local businesses and
support the development of new facilities. It
is prejudicial to say these people won’t
integrate with the existing community.
(c) The National Trust should be praised for
promoting such a high quality and
environmentally friendly development.
(d) The provision of a broad range of houses
offers choice and opportunity for all and is a
very positive thing.
A Poll of the Local Government Electors of the Community of Esclusham was taken
on 22 January 2008 with 209 voting for and 389 voting against ‘the proposed
development by the National Trust of 223 houses on Erddig Grounds, or any other
development within the community that is not based on local need?’
The National Trust summary response to comments made under ‘Other
Representations’ (A more detailed response is available)
(a) + (m) The site has been farmland and is not public open space. There is a public
footpath accessed over a stile. The proposals will improve public amenity and access
with the provision of five integrated open spaces, access to the other side of river,
leading to the Trust woodland and the Erddig estate.
(b)+(c)+(g)+(h) To improve traffic management and enable pedestrians to cross the
Wrexham Road safely, it is recommended that traffic lights and pedestrian crossings
are introduced which should encourage walking and cycling rather than using cars for
the “school run”. The travel plan includes a strategy for public transport. The layout
of the development encourages parking within the mews areas and parking spaces
provided.
(d)+(e) There will be a broad mix of housing from one bedroom apartments to four
bedroom houses. Of the 223 homes proposed, 25% (55) will be affordable homes for
people qualifying with housing need and a local connection to Esclusham.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
(f) The Trust has agreed to pay for new classroom at Rhostyllen County Primary
School, and is advised there is sufficient capacity at the Secondary School to
accommodate all the new pupils.
(i) + (o) The design of the proposed dwellings on Wrexham Road endeavours to
create a variety of distances from the Wrexham Road, ensuring a visually attractive
and sympathetic frontage.
(j)+(k) The development will include a sustainable urban drainage system which will
allow storm water to enter the watercourse at a carefully controlled rate through the
use of elements such as porous paving and rainwater attenuation features. The
landscape proposals should have a positive effect on wildlife. The open spaces will
be managed for biodiversity of flora and fauna. Hundreds of native trees, shrubs and
plants will be planted creating a diversity of habitats.
(l) The Trust is able to sell this land under the “Deed of Gift” from Philip Yorke in
1973. The proceeds are to be used to create an endowment for Erddig.
(n) The emerging Local Development Plan shows that there continues to be a need for
housing development. Through the community consultations proposals emerged to
create a more sustainable community by including local facilities and services.
(p) The outline planning consent did not specify the number of dwellings. The Local
Planning Guidance Note on Sustainable Development recommends that land be used
more effectively with a minimum density of 30 dwellings per hectare, where there is
access to services locally. The proposed density of development is 29.5 dwellings per
hectare. It also includes a proportion of smaller properties suitable for first time
buyers.
SPECIAL CONSIDERATIONS/ ISSUES
Background: The application site, currently in agricultural use, covers land allocated
for housing in the Wrexham Unitary Development Plan and its predecessor, the
Wrexham Maelor Local Plan, together with land to the south adjacent to Glan yr Afon
Brook which is to be safeguarded for open space purposes. Outline planning
permission was granted in December 2004 for residential development, a decision that
also took into account the Council’s Development Brief for the site (Wrexham Road,
Rhostyllen Planning Development Brief approved 19th October, 2004). See also,
comments later upon the issue of the principle of the development.
In compliance with conditions attached to the outline consent this is a ‘reserved
matters’ application and has been submitted following a number of discussions with
the Council’s planning, highways and housing/public protection departments. The
applicant held two ‘community consultation workshops’ during the Masterplan
development period aiming to keep the local community informed of progress and to
provide an opportunity for members of the local community to input into the scheme.
A further public meeting was held in June 2006 to inform the local community of the
development proposals.
The A5152 Wrexham Road forms most of the north west boundary of the site. The
eastern boundary is formed by the Chester-Wrexham-Shrewsbury rail line and the
southern by the Glan yr Afon Brook and two businesses fronting the road leading to
Bersham Enterprise Park. Holy Trinity Church and its churchyard, together with an
adjoining car park and numbers 93-07 Wrexham road form a group onto Wrexham
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
road and backing onto the site. Two commercial properties and a house opposite the
junction to Henblas Road form another group further north east.
The total site area is 20.96 acres (8.48 hectares). The site is relatively level except for
the part that falls away towards Glan-yr-Afon brook. This low lying area has been
identified as a flood plain by the Environment Agency and totals 1.38 acres (0.58
hectares) and is identified as open space. Additional open space is identified within
the proposed residential areas and as a structured landscaped area alongside the
railway. There is one large tree on the site, a mature Ash, which is the subject of a
Tree Preservation Order. This tree provides significant amenity and has been retained
within the scheme as an entrance feature to the main square. A small pond, which
dries out in summer, lies at the northeastern end of the site.
Summary of Development: The proposed development includes:
 223 residential units including 155 houses and 68 flats split as follows:
- 5 no 5 bed
- 80 no 4 bed
- 42 no 3 bed
- 83 no 2 bed
- 13 no 1 bed
 55 units as affordable housing ‘pepper potted’ throughout the scheme
 New community facilities
- Community hall
- Café and shops
- Extension to existing Pocket Park (north of the Glan yr Afon Brook forming
informal open space)
- Cycleway link to Erddig Country Park
 Signalised junctions onto Wrexham Road
 Diversion of an existing public footpath
 Removal of the existing agricultural bridge
 Contribution towards education facilities
A new pedestrian/cycle link to the Erddig estate has already been approved. It should
also be noted that the applicant has submitted two other planning applications in
relation to these proposals: one seeks to vary condition 5 of the outline planning
consent to allow the installation of signal controlled junctions instead of two
roundabouts on Wrexham road (P/2007/0682 refers) and the other seeks planning
permission for the development of the community hall, retail store and café
(P/2007/0685 refers). Both are reported to this meeting.
The submitted Design Statement provides detail on architectural style, urban design,
transport and movement, landscape, ecology, open space, and how issues of
sustainability will be met, in particular in the layout, construction techniques and
energy and water conservation.
Page No 24
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
To
Wrexham
Plan 2: Masterplan (illustrative purposes only) but showing the initial overall design
strategy (A larger plan will be available at the Planning Committee meeting)
Page No 25
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Principle of development: This scheme has generated a significant amount of local
interest, culminating in the Community Poll that took place at the end of January
2008. Of the representations received, the majority object in principle to the site
being developed for housing. The majority of those who voted in the Community Poll
also voted against the site being developed. The result of the poll in relation to this
development is as follows
Proposal
For
Against
1 Are you for the proposed development by the National Trust
of 223 houses on Erddig Grounds, or any other development
within the community that is not based on local need?
209
389
Whilst I appreciate there will always be concerns when a large housing development
is proposed, the principle of the site being developed is in fact long established. The
site is allocated for housing in the adopted Unitary Development Plan and was
similarly allocated in the previous Wrexham Maelor Local Plan. The proposal is also
in accord with the previously mentioned Council Development Brief for the site.
Finally, outline planning permission for residential development was granted in
December 2004.
Following three objections to the inclusion of this site for residential development in
the Wrexham Unitary Development Plan the Inspector in the Public Local Inquiry
stated that:
‘The land is of limited agricultural value. It is conveniently located to the local
school, services and public transport and to local employment sources. The land was
previously allocated for residential development in the adopted Wrexham Maelor
Local Plan (1996), and the Council indicate that there are positive indications from
the landowners that the site will shortly be released for development. The affinity of
the objection land is with the existing built development of Rhostyllen, and its
defensible boundary set by the railway line. It is a sustainable location, close to
Wrexham, and will help meet the housing requirement.’
The current application seeks approval for those matters reserved for subsequent
approval under the 2004 outline permission and includes full details of the housing
development (layout of dwellings, design, landscaping etc). Because this is an
application for the approval of reserved matters, the Council should only consider
whether the details submitted are acceptable and it is not possible to re-evaluate the
principle of development. Nevertheless it is worth noting that because the site is
allocated specifically for housing in the UDP its development remains acceptable in
principle. Circumstances have not changed since 2004 that would lead me to believe
the outcome of the outline planning application would be substantially different were
it submitted today.
Affordable Housing: In accordance with Wrexham Unitary Development Policy H7
and Local Planning Guidance Note 28 – Affordable Housing 25% of the units on this
site will be affordable homes. The site will provide 55 such homes ‘pepper potted’
throughout the proposed development. Property type and tenure are as follows:
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Property Type
3 bedroom 5 person house
2 bedroom 4 person house
2 bedroom 3 person apartment
Total
Social Rented
4
8
6
18
Shared Ownership
8
20
9
37
The properties will be sold to Cymdeithas Tai Clwyd (a locally based Registered
Social Landlord) at a discounted value to ensure that they are affordable for future
occupants. The cost of the social rented properties will be line with average weekly
affordable rent levels in Wrexham. Shared ownership is housing let by a long lease to
a tenant who owns an initial share of between 25 and 75% of the equity and who pays
rent in respect of the remaining share of the equity.
Some objectors have expressed concerns that the percentage of affordable housing to
be provided is not high enough, with reference made to other Local Planning
Authorities which have policies requiring housing schemes with the majority or all
dwellings being affordable. I am unable to comment in detail on the policies of other
Local Planning Authorities, however policies differ from one authority to another
reflecting specific local circumstances and needs and local authorities are obliged to
determine planning applications in accordance with the policies contained in their
adopted development plan. The Wrexham UDP states that where there is a proven
lack of affordable housing to meet local needs, the Council will negotiate with
developers to provide an element of affordable housing in new proposals of 25
dwellings or more (Policy H7 refers). The current element of affordable housing is
specified in Local Planning Guidance Note 28 – Affordable Housing, which
supplements the policy, and is set at 25% of total site capacity. It is not adopted
policy to seek 100% affordable housing on sites within settlement limits and, on the
basis of the Wrexham Housing Needs Assessment (2006), such an approach could not
currently be justified.
The cost of the social rented properties will be in line with average weekly affordable
rent levels in Wrexham e.g. approximately £66 for a 3 bed 5 person house. The
shared ownership properties will be sold at around £30,000 for a 50% share for an
apartment and £45,000 for a 3 bed house with a rent payable on the other 50% share.
Occupants will be given the opportunity to “staircase” their owned share up to 75%.
As part of the application process, Cymdeithas Tai Clwyd will assess the financial
circumstances of potential purchasers to ensure that they can afford this level of
housing cost, but would not be able to afford to purchase a property on the open
market.
The development will, therefore, directly contribute to the aim of the County
Borough’s Local Housing Strategy 2007-2012 to develop more good quality
affordable housing. The National Trust has worked very closely with both
Cymdetithas Tai Clwyd and the Council’s Housing and Public protection department
to develop a s106 Agreement to ensure that the properties will remain affordable in
perpetuity. It also proposes the following local connection criteria which potential
purchaser must satisfy in order to qualify for the scheme:
-
Have resided in Esclusham Community Council area (ECCA) for a continuous
period of one year
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
-
Be in permanent full time employment within the ECCA (not less than 30
hours per week) for a period of 6 months
Have previously resided in ECCA or been in continuous full time employment
in the area (not less than 30 hours per week) for a continuous period of 5 years
Have a family connection with a person who satisfies one of the above
conditions
If no qualifying person is found then the local connection area will be extended to
include the adjoining Brynyffynnon, Offa, and Erddig Community Council areas.
If there are still no qualifying persons the area will be extended to include the whole
Wrexham County Borough Area before then considering as a final measure anyone in
housing need.
Welsh Language/cultural issues: Policy GDP1(j) states that developments should
have regard to the need to safeguard those areas that possess a strong Welsh cultural
and/or linguistic identity from development that could harm this identity.
Rhostyllen does not have a high number of Welsh speakers, with 2001 census data
indicating that 17% of the population of Esclusham ward are Welsh speakers. This
compares to wards such as Ponciau, the Ceiriog Valley and Pant (Rhos) where,
respectively 40%, 37% and 36% of the populations speak Welsh. I have no reason to
conclude that the development will adversely impact upon the linguistic identity of
the local community. Even so it is worth noting that national planning policy
(Technical Advice Note 20: The Welsh Language – Unitary Development Plans and
Planning Control) clearly advises Local Planning Authorities not to discriminate
against individuals on the basis of their linguistic ability. Local Planning Authorities
are advised not to seek to control housing occupancy on linguistic grounds. Therefore
whilst the occupancy of the 25% affordable housing will be controlled it will be on
the basis of income/housing need rather than language ability and as detailed earlier.
Scale and Density: The total site area measures 20.96 (8.48) hectares giving a gross
density of 26.30 dwellings per hectare. Excluding the structural open space the net
density is 30.14 dwellings per hectare. Welsh Assembly Government advises that ‘
… higher density development, including residential development should be
encouraged, near public transport nodes, or near corridors well served by public
transport … ’ and that‘ … higher densities should be encouraged on easily accessible
sites’ (Planning Policy Wales refers). I consider that the figure of 30
dwellings/hectare for this site, adjacent to an existing well-served public transport
corridor, is in accord with this advice and maximises the efficient and careful use of
land as also identified in the Council’s Local Planning Guidance Note 22 –
Sustainable Building. The outline planning consent did not restrict a maximum
number of dwellings for the site. In consideration of another large residential site on
the edge of Wrexham Town the Inspector in the Public Local Inquiry into the
Wrexham Unitary Development Plan stated that it was ‘ … the development of larger
sites will enable a range of housing provision and gives a particularly opportunity to
develop at a higher density’ and ‘ … provide for a minimum of 30 dwellings/hectare.’
I am also mindful of a recent consent for housing at Tudor Court, Rhostyllen, which is
being completed at a gross density of 36/hectare and that Esless Park, completed in
the 1980’s, has a gross density of 23.2/hectare.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
The potential impact that this development would have upon the village of Rhostyllen
was an important consideration when it was first suggested as a possible housing site
within the development plan process (see earlier comment on ‘Principle of
Development’. It was thought then that the development of this site would have a
limited adverse impact upon existing facilities particularly when considering that it is
located close to Wrexham town. Pressure upon education facilities has been
identified as an issue but this is being addressed by the applicant as discussed later.
The development is also providing a number of community facilities (community hall,
retail and café units, village squares and public open space with easy links to Erddig
Country Park) for the benefit of the whole village and not just the residents of the
proposed development. I remain of the opinion that the scale of this development will
not have an adverse impact upon the village. The provision of the proposed retail
units is also in accord with Wrexham Unitary Development plan policies and not of a
scale to erode existing facilities. The detailed layout is designed to include areas
where the density is varied, providing a range of house types and apartments and
establishing ‘places’ of individual interest.
Sustainable Development: A key objective of the Council is to significantly increase
the overall sustainability of development proposals. The submitted design statement
has demonstrated that the provisions of Local Planning Guidance Note 22 have been
fully addressed in the development with the use of sustainable building principles,
preference for locally sourced new and reclaimed materials and embedded renewable
energy and water conservation technologies. The Building Research Establishment
system for assessing environmental performance in housing (EcoHomes 2006) will be
used as a method of assessing compliance with environmental performance standards.
It is intended that all houses and flats will achieve an EcoHomes accreditation of
'Very good'. This will more than address the requirements of LPG22 and the
Development Brief. Furthermore, an average density of approx. 30 units / hectare
demonstrates an efficient use of land, whilst still maintaining a high standard of
design. A sustainable Urban Drainage System (SUDS) will be incorporated into the
proposed scheme to manage storm water drainage and, as far as possible, retain
natural ‘greenfield’ drainage patterns. An acceptable SUDS Strategy has been
submitted with a key priority to ensure that any water discharged into the natural
watercourses is of a high quality and free from pollutants.
Design and Amenity: Following detailed discussions and a number of meetings with
the Council amended details have been submitted which have addressed most issues.
A principal aim of the development is to minimise the presence of vehicles on site. In
most areas this involves siting the residential units close to the pavement with parking
courts to the rear. The major streets converge on the two main public squares, one
that opens off Wrexham Road and includes a café and shops, and the other that splays
out from the community hall to face the Pocket Park. One end of each of the two
squares is closed by a public building, the community hall, which becomes the
centrepiece of the development. Minor streets lead from the major streets, connecting
back to Wrexham Road. The community hall is a well designed feature building.
Floor to ceiling heights are nearly twice those of the houses.
I consider that the scheme integrates well with the existing village. Despite its
location on the other side of Wrexham Road there are sufficient vehicular and , more
importantly safe pedestrian and cycle, links across this main road. For pedestrians
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
and cyclists there are a total of three separate crossings in addition to the two
identified in at the traffic signal controlled junctions.
New buildings along Wrexham Road, particularly to the southwest, reflect the form
and type of existing buildings on the other side of the road – they are terraced and
mainly brick in response to the late Victorian/early 20th century terraces. The
proposed range of house types are of varying size and height creating less predictable
and visually interesting street frontages.
In the majority of instances the proposed layout fully meets the Council’s adopted
separation standards (Local Planning Guidance Note 21 – Space around Dwellings
refers) ensuring adequate privacy is maintained throughout the development and in
relation to existing dwellings on the other side of Wrexham Road. Where the
distances are shorter (in only two locations) these are supported within the design
statement. The scheme is of modern urban design with dwellings terraced, linked or
detached to maintain a continuous building frontage to the street.
Highways: New vehicular access is provided from Wrexham Road by major streets
from the crossroads formed at Eldon Grove and from a T junction close to Church
street crossroads. These major streets connect to minor streets , squares and lanes that
serve the development. Traffic calming measures, footpaths and cycleways have been
integrated within the development. These links are supported by the frequent bus
services along Wrexham Road between Wrexham and surrounding villages with
additional services to Oswestry and Llangollen. None of the three bus stops within
the site frontage has a shelter for passengers – I have conditioned the submission of
further details for the replacement bus stop facilities. A public footpath crosses the
site from Wrexham Road near Church Street to a pedestrian level crossing on the
railway line. Following discussions with Network Rail the applicant has consent to
divert this footpath under the bridge on the side of Glan yr Afon Brook and links it to
the recently approved cycleway and footpath link to Erddig Estate. In general,
parking areas are provided to the rear of development blocks with some additional on
street and visitor parking.
Wrexham Road - at the time of submission and the granting of outline planning
consent in 2004 the detailed form of development was not known but similarities were
identified between this development site and the Holt Road development.
Consequently, a condition requiring that access be provided by means of roundabouts
was agreed. As details of the development progressed it became apparent that traffic
signal control of the main point of access would be more appropriate. This
development has the potential to generate significant numbers of pedestrian
movements and it is considered that traffic signal control (at the two junctions and
three ‘Puffin’ controlled crossings) will provide greater safety for pedestrians crossing
the road. Apart from control of traffic at the junction, traffic signals in the form of
puffin crossings can also be utilised to provide designated crossing points along the
road. The submitted plans demonstrate an intention to use a zebra crossing in two
locations. Current DfT / National assembly advice indicates that signalised pedestrian
crossings and zebra crossings should not be mixed and all installations should be the
same style. The design of the traffic light controlled junctions at Chapel Street and
Eldon Grove and the Henblas Street realignment with Wrexham Road need further
agreement. These are not matters that result in a highway objection and the details
can be conditioned for further submission and approval.
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Proposed layout - is designed with the new Manual for Streets (MfS) document firmly
in mind [Manual for Streets (2007) complements Planning Policy Wales and
comprises technical guidance in the design of lightly-trafficked residential streets in
new development]. MfS recognises that driver behaviour is not fixed; rather, that it
can be influenced by the environment. It addresses issues of visibility and design, and
revises key geometric design criteria. Much of the initial concern over the layout of
the development has been addressed through resubmission of further plans.
There is a need to provide a pedestrian route through the Church car park to the site
from Wrexham Road and I have attached an appropriate condition.
Future maintenance - discussions have also taken place regarding the provision of a
commuted sum in lieu of future maintenance of the proposed highways within the
proposed scheme. A figure of £88,200 has been proposed. It is the Highway
Authority opinion that the type of surfacing being proposed is more costly to replace
than standard construction materials and that the commuted sum is essential if we are
to accept on going liability for the site. I would therefore anticipate that further
agreement is required on the amount the Highway Authority requires in lieu of future
maintenance.
Parking - there is a shortfall in parking provision across the site. The car parking
standards within Local Planning Guidance Note 16 are maximum standards. In
comparison to these maximum standards there is a shortfall in parking provision
across the site. There appears to be a shortfall of one space per dwelling for the vast
majority of the 2 and 3 bed dwellings. Most of the 4 bed properties appear to provide
adequate off road provision. I estimate that Local Planning Guidance Note maximum
standards require the provision of 603 residential parking spaces. 470 spaces are
provided. This represents a 22% shortfall.
Recent Welsh assembly appeal decisions do however indicate that this level of
parking provision is acceptable with planning inspectors determining that such
provision conforms to national policies in Planning Policy Wales. Two such examples
are:
Granny Midges, Watery Road, Wrexham. – 46% shortfall. The Inspector commented:
‘.. due to its favourable and well served location, it might be seen by prospective
occupiers as a place where private car ownership is not an essential requirement.
This would align with sustainable transport initiatives to discourage the use of the
private car. Therefore I consider the level of parking provision would be adequate…’
Redrow, Mold Road, Gwersyllt – 36% shortfall on residential apartments. The
Inspector commented:
‘ ..the site is highly sustainable in a number of respects. There is a good choice of
public transport. Bus services are frequent with stops within easy walking distance. A
footpath cycleway has been provided past the site, there is a good variety of local
facilities and services in Gwersyllt. Coupled with the fact that they are proposed at
the closest point of connectivity with public transport and local services there is much
to support a reduction in parking for the apartments for the maximum stipulated.
In encouraging higher densities Welsh Assembly Government advises that local
planning authorities should adopt a flexible approach to parking standards (Planning
Policy Wales refers). The Council’s Guidance Note goes on to state that where the
developer is not providing the maximum they should demonstrate how the shortfall
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would be catered for. Consequently the applicant has submitted a travel plan in lieu
of this shortfall. The Plan has been externally assessed on the Council’s behalf by the
North Wales Regional Travel Plan Co-ordinator and following further discussion the
applicant has agreed to provide additional information. It is accepted that reduced
parking can serve as a measure to promote and secure the use of alternative transport
and, together with an approved Travel Plan, establish a sustainable development. The
Travel Plan refers to travel packs, improved bus facilities, making contact with public
transport operators, provision of cycle facilities and management issues. I have
conditioned that the resubmitted Travel Plan further detail clear measures to ensure
that alternative modes of transport are available and encouraged, and that these will be
implemented and overseen by the management company/warden.
External links – the site is well served with several controlled pedestrian and cycle
crossings over Wrexham Road which enables easy and safe access to the remainder of
the village and existing facilities. As mentioned earlier, the continuation of the
Council’s Pocket Park into the new development north of Glan yr Afon Brook not
only provides attractive informal open space but affords easy access for both walkers
and cyclists to countryside to the south of the brook and to Erddig Estate. As part of
the outline permission on this site, the developer was expected to contribute to off site
improvements on the Esless Lane link to Clywedog School, to improve safety of
school children. The Council designed Safe Routes to School Scheme in 2006 in
respect of this route details work for this link to include street lighting, bridge
improvements and footpath surfacing at a current cost of £60000.
S106 agreement – I consider that the above highway financial contributions
(improvements to the Esless Lane link and contribution towards future maintenance)
should be incorporated within a s106 agreement together with identifying the
responsibilities of the management company/warden in implementing and ongoing
management and monitoring of the Travel Plan.
Landscape: The site is predominantly improved pasture bounded by an agricultural
hedge along its boundary with Wrexham Road. There is an existing Ash tree subject
to a Tree Preservation Order close to Wrexham Road and a small pond with limited
vegetation. Located off site and in the grounds of the church are mature chestnut and
lime trees which offer a significant visual contribution from within and outside the
site. As the site falls away to Glan-yr-Afon Brook there are remnants of hedgerows
that have become overgrown. The most significant area of vegetation is the existing
Council owned Pocket Park to the immediate south of the brook. Although outside
the site boundary the trees and undergrowth make a major contribution to the rural
character and ecological value of the site.
The landscape concept includes a variety of linked spaces within the residential area
and a larger open area forming a new extension to the existing Pocket Park, which
encompasses the flood plain area adjoining Glan-yr-Afon Brook. This informal open
space will be linked by footbridges to the existing Pocket Park on the opposite side of
the brook. A tree belt is proposed alongside the railway line to act as a screen and
partial noise buffer between the built development and the railway line. It will also
act as a wildlife corridor. This tree belt will also reinforce the existing tree belt on the
opposite side of the railway that screens Rhostyllen from Erddig Hall. The submitted
Masterplan and Landscape Strategy show the retention of most of the existing
vegetation apart from the hedge alongside Wrexham Road. I consider that the
landscape proposals, supported by a design code, are of high quality.
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I have conditioned the submission of a detailed landscape scheme for the site together
with details of boundary treatment and use of surface materials to define private and
semi-private space. A Management Company will be established to be responsible
for overseeing the implementation of the Management Plan and to maintain in
perpetuity, all of the public realm areas within the residential development including
the river corridor together with areas of formal and informal open space. Until the
Management Company is set up the developer will be responsible for the ongoing
management of the site. In addition, I have also attached a condition to set the
framework for how the landscape scheme would be implemented and maintained in a
phased way to reflect any phased development of the built site elements. It is also
important to exclude construction works from the existing and new Pocket Park.
Only a detailed specification of ground preparation and how the area would be
reinstated to a wildflower meadow (by condition) could provide an alternative
appropriate approach.
Ecology: The majority of the site is improved grassland although there is a small area
of unimproved grassland within the floodplain adjacent to Glan yr Afon Brook. There
is a pond in the northeastern end of the site which dries out in summer. The applicant
undertook an updated ecological appraisal of the site including an Amphibian
Assessment. No GCNs are present and the pond is unsuitable as a habitat. No
indications were found that Water Voles are resident within the area of Glan yr Afon
Brook or use it regularly. The Brook and its adjoining floodplain, including the
mature hawthorns and area of more species-rich grassland will be retained intact,
safeguarded from development and managed for biodiversity as well as amenity
purposes. No outlying badger setts are present and no evidence found to suggest that
the site forms a prime breeding area. The proposed open spaces will be
interconnected with the adjoining countryside of Erddig Estate providing wildlife
corridors. The Countryside Council for Wales has no objections to the proposed
development. I have attached appropriate conditions to ensure that: the proposed
SUDS scheme includes retention ponds; certain mitigation compensation measures
are in place during construction and an ecological management plan is submitted and
approved detailing any existing and proposed feature/habitat will be managed for
nature conservation purposes.
Education: In accord with Local Planning Guidance Note 27 – Developer
Contributions to Schools an appropriate condition is attached to the existing outline
planning consent to ensure that consideration is given to any possible shortfall in
education facilities within the locality resulting from the development proposal.
Advice received from the Council’s education department confirms that, if consent is
granted for the proposed development, there would be an overall shortfall of 33 class
spaces. Therefore, a ‘developer’s contribution’ is required for the provision of a new
classroom and associated infrastructure specifically for Rhostyllen County Primary
School. The cost of such provision has been identified as £229,320 as agreed with the
applicant and the Council as local education authority. The sum and payment will be
secured through a s106 agreement.
Public Open Space: In accord with Wrexham UDP Policy CLF5 and Local Planning
Guidance Note 10 – Public Open Space in New Housing Development, a
development of 223 units would need to provide 1.78ha of POS. The proposed
development provides for 1.69 hectares of open space. A proportion of this
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
requirement has been provided by using the land north of Glan yr Afon Brook as
informal open space, a proportion of which is within the floodplain; a principle
recognised earlier within the Council approved Wrexham Road, Rhostyllen
Development Brief. The development’s Masterplan has been designed to incorporate
the existing, Council owned Pocket Park, into the scheme substantially extended with
the addition of the flood plain area on the site’s side of Glan yr Afon Brook as part of
the Park and providing informal open space, extending the footpath system over the
brook with pedestrian bridges to improve access. The remainder of the open space
provision includes 2 play areas, a number of greens together with more informal open
space (particularly alongside the railway), which takes into account biodiversity
through the provision of wildlife corridors and grassland habitats, and is well
integrated within the development, therefore it is in accordance with policies CLF5
and EC6. As mentioned above the developers intend that the open spaces within the
site will be managed by a management company. They are not asking the Council to
adopt any of the open space areas.
Drainage: A Sustainable Urban Drainage Scheme (SUDS) will be incorporated
within the scheme to manage surface water, particularly stormwater. In accord with
Planning Policy Wales Technical Advice Note 15: Flood Risk, the scheme will ensure
that surface water generated from new impermeable surfaces are limited to equivalent
Greenfield rate for the site. I have conditioned that a detailed SUDS scheme be
submitted for approval and implemented throughout the proposed development.
Houses with gardens will be provided with rainwater butts for garden watering and for
reducing storm water runoff. Permeable hard surfaces will be used wherever possible
to reduce storm water runoff.
Designing out Crime: The development proposal has considered the Council’s
guidance given in Local Planning Guidance Note 24 - Designing out Crime. The
developer has had several meetings with the Council’s Local Architectural Liaison
Officer to discuss the scheme and also with Tai Clwyd Housing association in respect
of the affordable housing units. Following these discussions and subsequent
amendments to the scheme I am satisfied that the layout is now designed in accord
with best practice and the Council’s guidance thereby achieving a safer and higher
quality environment.
Noise /Air/Dust: The development site is in close proximity to the A5152 and the
Wrexham – Oswestry railway line. It is therefore likely that the development will be
exposed to increased noise levels. The applicant undertook a TAN 11 Noise
Assessment Report to assess the likely noise impacts for the proposed development
resulting from traffic and train noise. As a result the properties close to Wrexham
Road and the railway have been designed to ensure acceptable noise levels internally.
I have also added a condition to ensure that the noise mitigation measures as detailed
in Section 7.0 of the SRL Technical Report (dated February 2006) are implemented in
full throughout the proposed development. An Air Quality Assessment was also
undertaken to look at the transportation and engineering elements of the development
particularly again in relation to the A5152 Wrexham Road. It concluded that the
predicted concentrations are below statutory air quality objectives and considered that
air quality should not be a barrier to the proposed development. The report also
attempts to address the issue of dust management and suggests a number of dust
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
suppression methods. Nevertheless, I have conditioned the further submission of a
Dust Management Scheme to establish detailed proposed mitigation measures.
Local community objections: Members are reminded applications for planning
permission shall be determined in accordance with the development plan unless
material considerations indicate otherwise. In Wrexham's case the development plan
is the adopted Unitary Development Plan. Material considerations must relate to
genuine planning matters and must also be fairly and reasonably related to the
development concerned.
Planning Policy Wales (2002) recognises that the relevant views of neighbouring
occupiers, local residents and any other third parties must be taken into account in the
determination of planning applications. Paragraph 4.1.8 of Planning Policy Wales
says:
‘When determining planning applications local planning authorities must take into
account any relevant view on planning matters expressed by neighbouring occupiers,
local residents and any other third parties. While the substance of local views must
be considered, the duty is to decide each case on its planning merits. As a general
principle, local opposition or support for a proposal is not, on its own, a reasonable
ground for refusing or granting a planning permission; objections, or support, must
be based on valid planning considerations. There may be cases where the
development proposed may give rise to public concern. The courts have held that
perceived fears of the public are a material planning consideration that should be
taken into account in determining whether a proposed development would affect the
amenity of an area and could amount to a good reason for a refusal of planning
permission. It is for the local planning authority to decide whether, upon the facts of
the particular case, the perceived fears are of such limited weight that a refusal of
planning permission on those grounds would be unreasonable.’
Conclusion: I understand the level of opposition from the local community and I
have considered the comments made in my deliberations upon the proposal.
However, the objections to the principle of development cannot override the fact that
the site:
-
has been identified for residential use in various development plans from as far
back as the mid 1990s;
is currently an allocated site as shown in the adopted Wrexham Unitary
Development Plan
the subject of an approved Development Brief and
was given outline planning consent in 2004.
It must be remembered that this is a reserved matters application with the principle of
residential development having already been established.
Pre-application consultation with the local community took place in an attempt by the
applicant to inform and involve the local community. A number of meetings were
held with the relevant departments of Wrexham County Borough Council to identify
the issues relating to the development of the site and ensure that these would be
addressed within the submission.
I consider that the end result is a scheme that is well integrated with the existing
village, is a best practice layout reflecting the most current guidance employed in
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
urban design and has met WAG guidance in that the ‘ … design of housing should be
to establish a sense of place and community, with the movement network used to
enhance these qualities’ and that ‘ … the layout and built form should reflect local
context, including topography and building fabric’ (Planning Policy Wales Technical
Advice Note 12: Design refers). Particular care has been given to where and how cars
are parked to improve the quality of the development resulting in a scheme with
streets for people rather than vehicles.
I consider that the proposal, with the satisfactory adherence to the attached conditions,
will be in accord with Wrexham Unitary Development Plan Policies and Local
Planning Guidance.
RECOMMENDATION A
That the Council and/or applicant enter into an obligation under Section 106 of the
Town and Country Planning Act 1990, requiring:
 That 55 plots (plots to be agreed) are secured as affordable housing in perpetuity.
The affordable housing shall be for a mix of tenures and shared ownership via an
approved registered social landlord. Persons granted shared ownership should
meet the appropriate criteria for shared ownership. Priority shall be given to
applicants who already feature on the Council or Registered Social Landlord
waiting list who can be defined as ‘local’ in the context of the site.
 The establishment of a management company to ensure the future maintenance of
all public open space, landscape features and areas of ecological importance
 The payment of £229,320 as developer’s contribution to the shortfall in education
facilities
 The payment of £60,000 to contribute to improvements on the Esless Lane link to
Clywedog School
 The payment of £88,200 as commuted sum in lieu of future maintenance of the
proposed adoptable highways
That the Chief Planning Officer is given delegated authority to determine the final
form and content of the obligation.
RECOMMENDATION B
That the reserved matters be approved on completion of the obligation subject to the
following conditions:
CONDITION(S)
1.
The development hereby approved shall be commenced before 06/12/2009.
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.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
4.
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).
5.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no gate, fence, wall or other means of enclosure
shall be erected, constructed or placed in front of the forward most part of the
dwelling fronting onto the highway.
6.
The estate roads and footways shall be progressively constructed to base coat
standard from the junction with the adjacent highways across the frontage of each plot
prior to occupation of the building erected thereon.
7.
The detailed layout design, drainage and construction of the internal estate
roads shall be submitted to and approved by the Local Planning Authority in
consultation with the Highway authority prior to the commencement of any site
works.
8.
Prior to commencement of development, a scheme demonstrating appropriate
traffic signal controlled junctions and puffin crossing points on Wrexham Road shall
be submitted for the further approval of the Local Planning Authority. The scheme as
agreed shall be implemented prior to occupation of the first dwelling.
9.
Prior to commencement of development, a scheme demonstrating
improvements to the Henblas Street junction with Wrexham Road shall be submitted
for the further approval of the Local Planning Authority. The scheme as agreed shall
be implemented prior to occupation of the first dwelling.
10.
Prior to commencement of development, a scheme demonstrating
improvements to the Chapel Street junction with Wrexham Road shall be submitted
for the further approval of the Local Planning Authority. The scheme as agreed shall
be implemented prior to occupation of the first dwelling.
11.
Prior to commencement of development, a revised Travel Plan shall be
submitted for the further approval of the Local Planning Authority. Any agreed
proposals shall be implemented in accordance with a timescale to be further approved.
12.
Full details of a pedestrian link from the proposed development site to the
exusting church car park shall be submitted for the approval of the Loacl Planning
authority. Such details as agreed shall be imlemented to an agreed timescale and
retained thereafter.
13.
Prior to any development commencing on site, a scheme of improvements to
bus stop facilities shall be submitted for the further approval of the Local Planning
Authority. The approved scheme shall be implemented prior to the occupation of the
first dwelling.
14.
The communal parking areas shown on the improved plans shall be laid out,
surfaced and drained prior to each phase of development being occupied and shall
thereafter be avaible at all times, retained free of all obstructions.
15.
Prior to the commencement of development, details of all street lighting and
street furniture shall be submitted to and agreed in writing with the Local planning
Authority. The agreed scheme shall be implemented strictly in accordance with the
approved scheme.
16.
The private garages shown on the approved plans shall be retained for the use
of private vehicle parking of the residents only and the front elevation thereto shall
not be altered without prior planning permission.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
17.
No 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 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 provided 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 management and maintenance plan for the lifetime of the development
which shall include the arrangements for adoption by any public authority of statutory
undertaker and any other arrangements to secure the operation of the scheme
throughout its lifetime.
The scheme as approved shall be implemented in accordance with a timescscale to be
agreed as part of the submitted details and maintained thereafter.
18.
No part of the development hereby permitted shall be commenced until full
details of existing trees, shrubs and hedges to be retained are indicated on a plan, with
the extent and specification of protective fencing, has been submitted to and approved
in writing by the Local Planning Authority.
All vegetation indicated on this plan to be retained, shall not be cut down, grubbed
out, lopped or uprooted without the previous written permission of the Local Planning
Authority. Any tree, shrubs or hedges removed without such permission, or being
severely damaged or diseased within three years of the date of occupation of the
development for its permitted use shall be replaced with trees, shrubs and hedging
plants of such a size and species as may be agreed with the Local Planning Authority.
19.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site.
Nothing shall be stored or placed in any area fenced in accordance with this condition
and the ground levels within those areas shall not be altered, nor shall any excavations
be made without the written permission of the Local Planning Authority.
20.
The erection of fencing for the protection of the existing and new pocket park
shall be undertaken before any equipment, machinery or materials are brought onto
the site for the purposes of the development, and shall be maintained until all
equipment, machinery and surplus materials have been removed from the site. The
above mentioned fencing shall consist of a scaffold framework in accordance with
Figure 2 of BS 5837 (2005) comprising a vertical and horizontal framework, well
braced to resist impacts, with vertical tubes spaced at a maximum interval of 3 metres.
Onto this, 2.1 metre weldmesh panels shall be securely fixed with wire or scaffold
clamps. This fencing shall be erected at the full extent of the pocket park. Nothing
shall be stored or placed in any area fenced and no construction activity is to be
permitted within this area, in accordance with this condition without the written
permission of the Local Planning Authority.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
21.
No part of the development hereby permitted shall be commenced until full
details of hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. The proposals are to implement
the range, character and quality of materials within the approved Design Code for the
site.
22.
No part of the development hereby permitted shall be commenced until
phasing proposals for site development have been submitted to and approved in
writing by the Local Planning Authority. The plan is to indicate the extent of all hard
and soft landscape works, which are associated with each development phase, and
include phasing of all private, public open space and public realm areas. All hard and
soft landscape works shall be implemented in advance of the occupation of any part of
each associated phase.
23.
Any trees or shrubs removed, dying, being severely damaged or becoming
seriously diseased within five years from the completion of the scheme shall be
replaced by trees or shrubs of similar size and species to those originally required to
be planted; and no planting shall be removed after that five year period, unless
otherwise approved in writing by the Local Planning Authority.
24.
No part of the development hereby permitted shall be commenced until a
detailed landscape management plan for all hard and soft areas, within public open
space and public realm, have been submitted to and approved in writing by the Local
Planning Authority.
25.
No development shall take place until details of earthworks have been
submitted to and approved in writing by the Local Planning Authority. These details
shall include the proposed grading and mounding of land areas including the levels
and contours to be formed and showing the relationship of proposed mounding to
existing vegetation and surrounding landform. Details of soil stripping, storage and
replacement shall be included where appropriate. Development shall be carried out in
accordance with the approved details.
26.
Before development commences, a ecological management plan for the site
including timescales for implementation shall be submitted to and approved by the
Local Planning Authority. The management plan shall detail any feature/habitat that
will be managed for nature conservation purposes by way of description and
prescription. It shall also include monitoring work and recommendations for habitat
and species enhancement.
27.
Before development commences, an ecological method statement shall be
submitted to and approved by the Local Planning Authority. It shall detail the full
extent of the works and proposed mitigation compensation measures, and shall be
implemented to agreed timescales.
28.
Wildlife friendly kerb stones and gully pots shall be provided to safeguard
amphibians from harm through incidental capture.
29.
Before beginning work, the contractor shall contact the Chief Planning Officer
giving him seven days notice of a meeting on site to review all work procedures,
access routes, storage areas and tree protection measures. Development shall be
carried out in strict accordance with the agreed measures.
30.
Noise mitigation measures as detailed in Section 7 of the SRL Technical
Report (Report Number C/05/6W/1578/R01/PVCS/jsc) shall be implemented in full
prior to the occupation of each individual unit.
31.
Prior to the commencement of development, a Dust Management Scheme
shall be submitted for the approval of the Local Planning Authority. In addition to
dust mitigation measures, the scheme shall establish a procedure in order to
Page No 39
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
effectively respond to any dust complaints that may be received. The procedure shall
allow for an assessment of the source of dust of cocern and a review of mitigation
measures as appropriate. The approved scheme shall operate for the duration of the
construction phase.
32.
Foul water and surface water discharges shall only be drained separately from
the site
33.
No surface water shall be allowed to connect (either directly or indirectly) to
the public sewerage system.
34.
No land drainage run-off shall be permitted, either or in directly, to discharge
into the public sewerage system.
35.
Notwithstanding the provisions of the Town and Country Planning (Use
Classes) Order the work spaces in house types Rhos J(a), Rhos J(b) and Rhos K shall
only be used for B1a uses unless the prior written approval of the Local Planning
Authority is obtained for any other use. For the avoidance of doubt, the work spaces
shall not be used for residential purposes.
36.
The work spaces in house types Rhos J(a), Rhos J(b) and Rhos K shall only be
used by persons residing in those properties. For the avoidance of doubt, no other
persons shall be employed in the premises without the further written approval of the
Local Planning Authority.
REASON(S)
1.
To comply with Section 92 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.
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.
5.
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.
6.
In the interests of highway safety.
7.
To ensure the estate roads are built to a standard suitable for adoption.
8.
In the interests of highway safety
9.
In the interests of highway safety.
10.
In the interests of highway safety
11.
To ensure that the reduced level of proposed parking does not have a
detrimental impact on the highway
12.
In the interests of pedestrian accessibility
13.
To ensure the provision of an adequate bus service infrastructure.
14.
In the interests of highway safety.
15.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
16.
To ensure adequate parking provision for the development.
17.
To ensure proper drainage of the site.
Page No 40
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
18.
To ensure the retention of existing trees, shrubs and hedges, which are of
significant value to the site.
19.
To protect existing trees, shrubs and hedges which are of significant value to
the site.
20.
To safeguard the area of existing and new pocket park from construction
activity.
21.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
22.
To ensure the proper implementation of the landscape scheme as the
development of the site progresses.
23.
To ensure a satisfactory standard of appearance of the development 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 ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
26.
To ensure that the features identified as having wildlife importance are
protected and maintained in the long term.
27.
To ensure that the features identified as having wildlife importance are
protected and maintained in the long term.
28.
To protect protected species.
29.
To ensure that the works on the site properly take account of the future health
of the trees.
30.
To protect the amenities of the occupiers.
31.
To protect the amenities of adjoining occupiers.
32.
To protect the integrity of the public sewerage system.
33.
To prevent hydraulic overloading of the public sewerage system, to protect the
health and safety of existing residents and ensure no detriment to the environment.
34.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
35.
In the interest of amenity and in order to ensure the retention of the
workspaces.
36.
In the interest of amenity and highway safety
NOTE(S) TO APPLICANT
You are advised that the planning permission hereby granted does not authorise any
building over, diversion, connection or other interference with any sewer, public or
private, which crosses the site. You are advised to contact Welsh Water, PO Box 10,
Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any
groundwork in connection with the development. Should you be required to depart
from the details hereby approved, you should contact the Council's planning
department to seek further advice with regard to the submission of amended plans and
/ or a new planning application.
The scheme of landscaping referred to in the above conditions shall inlcude any
changes to ground levels (shown by existing and proposed contours/levels) and any
existing vegetation (showing that to be retained) and proposed planting. In addition,
any of the following which apply to the particular site must be included:-
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
means of enclosure, car parking layout, access and circulation areas, materials for
hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play
equipment) location of services, and any historic landscape features to be
retained/improved.
Regarding a connection to the public sewerage system you are advised to contact Dwr
Cymru welsh Water's Network Development consultants on tel no 01443 331155.
Any new roads serving more than five dwellings should be constructed to a standard
suitable for adoption by the Council for future maintenance at the public expense and
the developer will need to enter into an agreement with the Council under section 38
of the Highways Act 1980 so that the new road can be adopted for maintenance at the
public expense.
All works, ancillary operations and the use of plant and machinery which are audible
at the site boundary shall be carried out only between 0730 hours to 1930 hours
Monday to Friday, between 0800 hours to 1400 hours on Saturdays and at no time on
Sundays and Bank Holidays.
The Council has the option to control site construction noise by means of a Control of
Pollution Act 1974 section 60- Notice, where deemed necessary.
There shall be no fires on the site, to include the prohibition of the burning of cleared
vegetation.
You are advised that the Council has the power to control construction site noise by
means of a Control of pollution Act 1974, Section 60, Notice, where deemed
necessary.
Noise - D1, A1 &A3 uses - the rating level of any noise generated by reason of this
development shall not exceed the pre-existing background level by no more than 3
dB(A). The noise levels shall be determined at the nearest noise sensitive premises.
Measurements and assessments shall be made in accordance with BS4142:1997
"Method of Rating Industrial Noise Affecting Mixed Residential and Industrial
Areas".
The premises are required to comply with relevant Food Hygiene Legislation. You
are advised to contact the Chief Housing and Public Health Officer for advice on
these matters.
Any works (including temporary works) in, under, over or adjacent to any
watercourse may require the formal consent of the Environment Agency prior to
works commencing. In accordance with the Agency's "no-culverting" policy, consent
for culverting will only normally be granted for site access purposes.
Any waste excavation material or building waste generated in the course of the
development must be disposed of satisfactorily and in accordance with section 34 of
the Environmental Protection Act 1990.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
The activity of importing waste into the site for use as, for example hardcore, must be
registered by the Environment Agency Wales as an exempt activity under the Waste
Management Licencing Regulations 1994
Cycle /pedestrian barriers are required at various locations near the Wrexham Road.
These can be further agreed under the Section 38 agreement.
The applicants attention should be drawn to the following Highway Supplementary
Notes 1 to 9 on the enclosed 'Applicant's Rights and General Information'.
Carriers transporting waste from the site must be registered waste carriers.
If controlled wastes are to be utilised for construction purposes the developer must
register the activity with the Environment Agency Wales. The duty of care
Regulations apply to all movements of controlled waste.
The developer should adopt all appropriate pollution control measures, both
underground and on the surface, to ensure that the integrity of the aquatic
environment, both groundwater and surface water, is assured.
Only clean surface water from roofs and paved areas should be discharged to any
soakaway.
All facilities for the storage of liquids must be in double skinned containers or secure
bunded containers and in all cases must be stored a minimum of 10 metres away from
surface water drainage points.
This site lies within the designated River Dee Water Protection Zone. The storage or
use of controlled substances at the site may require the formal consent of the
Environment Agency Wales, under the Water Resources Act 1991. Further guidance
regarding this requirement is contained in Guidance Note Dee WPZ1. It is the
developer's responsibility to ensure that this matter is discussed with the Agency.
The development is adjacent to a garage, therefore, if evidence of hydrocarbons are
found during the development then it would be prudent to investigate the
contamination and you contact the Public Protection department of the Council on
01978 297041.
On completion of the developer you are advised to submit an application to Dwr
Cymru Welsh water for the adoption of the sewers that by their construction and
layout should be deemed 'Public Sewer'.
_____________________________________________________________________
Page No 43
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /0955
LOCATION:
Land adjacent to Bryn Derfel St Albans
Road Tanyfron Wrexham
DATE RECEIVED:
31/07/2007
COMMUNITY:
Brymbo
DESCRIPTION:
Erection of 1 no. detached two storey
dwelling.
CASE OFFICER:
SEH
WARD:
Brymbo
APPLICANT(S) NAME:
Mr G Hughes
AGENT NAME:
Plot 2 Design Ltd
Mr Paul Tulk
_____________________________________________________________________
THE SITE
A sloping site located on land adjacent to Bryn Derfyl, Church View, Tanyfron.
1
24
St Alban's
Hou
se
St
Application Site
PO
1
2
17
View
37
Church
A lb a
n 's
Church
PAR
K RO
AD
F a ir h
aven
32
79
Llwyn
Ifor
4
AD
16
N'S RO
38
13
H illc
ro
ft
39
O ffa
V illa
s
B ry n
d e rf
el
1
ST ALBA
D erwen
Dy
12
Bod
-A w e
l
Shelter
19
ALB
AN
The
S
Parks
21
13
OS Crown Copyright. WCBC Licence No. LA09021L
22
H E IG H T S
1
ST
PROPOSAL
As above.
RELEVANT HISTORY
P/2004/1371 Outline application for residential development (1 no dwelling)
Approved 04.07.05
P/2002/0646 Outline application for residential development (1 no dwelling)
Refused 10.09.02
Page No 44
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Within settlement limit. UDP Policies PS1, PS2, GDP1, H2 and T8, and Local
Planning Guidance Notes 16 – Parking Standards and 21 – Space around Dwellings
relevant
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Env Agency:
Welsh Water:
Access Group:
Site Notice:
Other Representations:
Re-consulted 18.02.2008
Re-consulted 18.02.2008
No objections - advisory notes.
No objections subject to recommended conditions.
No objections - advisory notes.
No objections subject to recommended conditions
Notified 01.08.2007
Expired 31.09.07
Re-notified 18.02.2008
SPECIAL CONSIDERATIONS/ ISSUES
Background: This proposal was reported to planning committee in January 2008
with a recommendation for approval following expiration of the consultation period.
Prior to determination, further amended plans have been received for consideration.
Additional details have been received in relation to land levels and the design of the
dwelling has been altered slightly. The main issues to consider relate to the impact
upon local residential amenity and the visual impact of development.
Design and Residential Amenity: The design of the dwelling has been amended to
allow the building to be more in keeping with the surrounding properties.
The proposed dwelling has been situated within the site allowing for access to the rear
of the property, and adequate private garden space has been provided. Appropriate
boundary treatments have been proposed to ensure that there are no issues of
overlooking into the habitable room windows or private garden areas of the
surrounding properties, and daylight to these properties is not affected to a significant
level. That said the proposal accords with the council's guidance on space around
dwellings.
The finished floor levels have now been submitted to show how the dwelling will fit
into the streetscene and the extent of the change in ground levels to the rear of the
property.
Highways: The proposed site is situated on an unclassified road which is subject to a
30 mph speed limit. A footpath link runs along the northern boundary of the site.
Adequate on-site parking provision has been catered for, and the proposed widening
of the existing access is acceptable.
Conclusion: The proposal is acceptable as being in accordance with local planning
policy and the development would make a positive contribution to the area.
Page No 45
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
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.
The development shall only be carried out in accordance with the amended
plan(s).
4.
No gates shall be erected at the proposed new access point within 5 metres of
the highway boundary.
5.
Prior to the first use of development, the access shall be paved using
hardbound materials for a minimum distance of 5 metres behind the highway
boundary.
6.
The parking spaces as indicated on the approved plan shall be fully
implemented prior to first use of the development, and shall thereafter be retained free
of all obstruction and made available for the parking of vehicles at all times.
7.
The existing dropped vehicular crossing shall be widened to accommodate the
proposed widened access.
8.
There must be no discharge of surface water to the combined sewer system.
9.
All foul drainage should be directed to a foul sewerage system and all surface
water drainage to a surface water system unless otherwise agreed by the Local
Planning Authority.
10.
No land drainage run-off shall be permitted, either directly or indirectly, to
discharge into the public sewerage system.
11.
A scheme showing all boundary treatments (minimum 1.8 metre high close
boarded fencing to the east and west) shall be submitted to and approved, in writing,
by the Local Planning Authority, and such details shall be fully implemented prior to
first occupation of the site.
12.
The development shall be carried out in strict accordance with the finished
floor levels as shown on the approved plan.
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.
In the interests of highway safety.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area and to ensure that no deleterious material
is carried onto the highway.
6.
In the interests of highway safety.
7.
In the interests of pedestrian safety.
8.
There is insufficient capacity in the existing system to cater for additional
surface water flow.
Page No 46
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
9.
To ensure the proper drainage of the site and to minimise the risk of pollution
10.
To ensure the proper drainage of the site and to minimise the risk of pollution
11.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
12.
To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
If a connection is required to the main sewerage system, the developer is advised to
contact the Dwr Cymru Welsh Water's Network Development Consultants on 01443
331155.
All ancillary operations and the use of plant and machinery, which are audible at the
boundary, shall be carried out only between 0730 hours to 1930 hours Monday to
Friday, between 0800 hours and 1400 hours on Saturdays and at no time on Sundays
and Bank Holidays.
There shall be no fires on site; to include the prohibition of the burning of cleared
vegetation.
A suitable dust management scheme shall be implemented on site to prevent dust
nuisance from arising.
Plans detailing the proposed foul drainage layout should be submitted to the Housing
and Public Protection Department.
_____________________________________________________________________
Page No 47
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1114
LOCATION:
Land adjacent to Cattle Finishing Unit Tyn
Y Mynydd Pontfadog Llangollen
DATE RECEIVED:
17/09/2007
COMMUNITY:
Glyntrian
DESCRIPTION:
Outline application for erection of new
farm house.
CASE OFFICER:
MP
WARD:
Ceiriog Valley
APPLICANT(S) NAME:
Malcolm Evans
AGENT NAME:
John Pugh
_____________________________________________________________________
SITE
The application site is located next to an existing agricultural building (permission
granted in 2004 for this building – see history) approximately 1 km to the north of
Dolywern. The main farm complex is located on the edge of Pontfadog some 3km
away (by road).
Application site
(Tyn Y Mynydd)
Agricultural building
granted permission is
2004
Tan Y Garth Farm (site
of existing farm house)
PROPOSAL
The farm business utilises land adjoining the farm house located at Tan Y Garth in
Pontfadog, at Tyn Y Mynydd near Dolywern as well as near the village of Weston
Rhyn in Shropshire. This is an outline application for the erection of an agricultural
workers dwelling on land at Tyn Mynydd. All matters are reserved for subsequent
approval.
Page No 48
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
P/2004/0437 Erection of farm building. Granted 28.6.2004
DEVELOPMENT PLAN
Outside settlement & in Special Landscape Area. Policies PS1, PS2, GDP1, EC5 &
H5 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Environment Agency:
Welsh Water:
Public Protection:
CCW:
Other representations:
Site Notice:
Notified 17.7.07
Requested application is reported to committee.
Recommend planning conditions requiring adequate
provision for parking, turning and visibility to be
provided.
The proposal has low environmental risk.
No comments as private drainage facilities are
proposed. No objections to septic tank and soakaway
drains provided they are suitable. Recommend
percolation test to be carried out to establish if ground
conditions are suitable for soakaway drains.
Advise site to be investigated for contamination if
evidence of storage or spillage of agro-chemicals found
on site.
No comments.
Nearby occupiers notified 19.9.07
Expired 11.10.2007
SPECIAL CONSIDERATIONS
Policy: The site lies outside a settlement limit and in accordance with adopted local
and national policies, there would normally be a presumption against permitting the
erection of new dwellings at this site. National planning policy, through Ministerial
Interim Policy Statement 01/2006 (Housing) and supplemented by Technical Advice
Note 6 (Agricultural and Rural Development), as well as U D P Policy H5 does make
provision for the erection of dwellings where there is a clear and justified need for an
agricultural worker to be housed at or close to their place of work. On the basis of the
application and supporting documentation submitted it is within this policy
framework the proposals have been considered.
Functional requirement for dwelling: The applicant has provided an agricultural
appraisal prepared by ADAS and this concludes that it is essential that two workers
are resident on the holding. I have sought advice on this appraisal from the Council’s
Senior Valuer whose conclusions are:
i)
Expenditure of a steel portal framed agricultural three years ago demonstrates
a long term commitment to the business;
ii)
The Tan Y Garth Homestead is farm from ideal, being too close to the village
with traditional farm buildings in poor state of repair and unsuitable for
modern methods of farming.
Page No 49
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
iii)
iv)
Labour requirements justify having 2.9 full time workers;
The business is established on a sound financial footing.
On the basis of the above I have no reason to question the viability of the enterprise or
the need for two full workers to enable the business to operate effectively.
Nevertheless I am not convinced this translates into adequate justification for the
erection of an entirely new dwelling. The current business is run by a father and son
who both reside in a two bedroom bungalow at Tan Y Garth Farm. Although
considered by the applicants to be unsuitable for their current needs, the dwelling at
Tan Y Garth does nevertheless provides accommodation for the two workers the
ADAS report advises are essential to the operation of the business.
From the information provided it appears that the principal reason for there being
‘need’ for the new dwelling arises is because the farmer’s son wishes to move out of
the family home to live with his partner. Paragraph 47 of TAN6 advises that in
considering proposals for new agricultural workers dwellings, it is the requirements of
the enterprise rather than that of the owner or occupier that should be taken into
account. In making planning decisions, whilst personal circumstances are a material
consideration, they rarely outweigh other planning considerations. In my opinion the
applicant’s personal circumstances do not outweigh planning policy objectives
designed to protect the countryside from additional built development.
The other principal reason given for requiring the dwelling is to improve site security
amid concerns that on many farms theft of live and dead stock has become a regular
occurrence. No evidence of security problems at the farm has been provided and in
the absence of such evidence I can only conclude that the business has operated
successfully under the current arrangements for the past 3 years. I do not dispute the
advantages to animal welfare of having someone living on or close to an agricultural
holding, however the existing dwelling is only around 3km/1.8 miles from the
application site. In my opinion the travelling time between to the two sites would not
unduly compromise the operation of the business. Furthermore legislation makes
allowances for caravans to be sited on agricultural land for short periods during
particular seasons (e.g. when cattle are calving). The Town and Country Planning
(General Permitted Development) Order 1995 and paragraph 7 of Schedule 1 to the
Caravan Sites and Control of Development Act 1960 make adequate provision for
those circumstances when it is necessary for someone to be present at a site on a more
full time basis. Outside specific times of year, such as when cattle are calving, the
holding could be adequately managed from existing property close by.
Alternative accommodation: A number of alternative ways to provide additional
living accommodation have been discounted by the applicants but I am of the opinion
they have not been adequately explored in detail. These alternatives include:
Extension and subdivision of existing house or erection of a replacement dwelling:
The applicant’s agent discounts subdividing the existing house and due to its size, I
accept this would not be a viable alternative. The agent accepts that
extending/redeveloping the house is feasible but it would not provide the
accommodation at Tyn Y Mynydd, which is what the applicants consider essential to
the operation of their business.
Page No 50
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Converting existing buildings: There are a number of traditional buildings at Tyn Y
Garth which could be converted to provide a new dwelling. The agent has discounted
this option on the grounds that these buildings are used for farming and whilst not
modern buildings have been adapted to suit the needs of the business. He also states
that it would be difficult to site a modern replacement agricultural building in the farm
complex. Furthermore he is of the opinion it would not be possible to provide
sufficient amenity space due to a lack of land around the farm buildings.
It is worth noting that the ADAS report states that using the traditional buildings for
agriculture requires increases labour when compared to modern buildings. Members
will also note the comments made by the Senior Valuer that the traditional buildings
are unsuitable for modern methods of agriculture.
Notwithstanding the views of the applicant, I am not convinced that the conversion of
one of the traditional buildings to a dwelling has been fully explored or shown not to
be viable. I recognise that if converted, there would be a need to provide additional
farm buildings and that the farm complex at Tan Y Garth may not be able to
accommodate them. The applicant does farm extensive areas of land in the locality
however, therefore I would be prepared to consider alternative locations for
new/additional farm buildings.
Other accommodation in the area: The applicant has stated that there are no
properties in the locality that are affordable, however beyond this statement there does
not appear to have been any detailed examination of properties available in the area
Conclusion: On the basis of the details submitted there is insufficient justification to
demonstrate that there is an essential need to provide additional permanent
accommodation at this site. I am also of the opinion that the business could continue
to be managed effectively from the existing farm dwelling and that there are suitable
alternative approaches to provide additional accommodation. In the absence of
sufficient supporting information the proposal would represent a new dwelling outside
any settlement and in an area designated as of special landscape value without
adequate justification contrary to policies H5, PS1 and PS2 of the Wrexham UDP.
P/2007 /1114
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
Insufficient justification has been provided to demonstrate there is an essential
need to provide additional permenant accomodation for an agricultural worker at this
site. The Council is not satisfied that the agricultural business could not continue to
be managed effectively from the existing dwelling at Tan Y Garth Farm or that there
is no suitable alternative means of accomodation for an agricultural worker in the
locality. Accordingly, the proposal would represent a new dwelling outside any
settlement and in a designated Special Landscape Value without adequate justification
therefore being contrary policies H5, PS1 and PS2 and CLF5 of the Wrexham Unitary
Development Plan.
____________________________________________________________________
Page No 51
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1276
COMMUNITY:
Cefn
WARD:
Plas Madoc
LOCATION:
DATE RECEIVED:
Land at Hampden Way Acrefair Wrexham 26/10/2007
DESCRIPTION:
Outline application for residential
development consisting of 2no semidetached two bedroom bungalows, 4 no
semi-detached three bedroom dwellings
and 1 no three bedroom dwelling.
Construction of new vehicular and
pedestrian access.
CASE OFFICER:
SEH
AGENT NAME:
ISP Architects LLP
Miss Cornelia Oehrling
APPLICANT(S) NAME:
Mr Richard Williams Pennaf
_____________________________________________________________________
THE SITE
A triangular shaped piece of land, measuring approximately 2520 sq metres,
comprising vacant green space, located adjacent to No.112 Hampden Way.
Application Site
PROPOSAL
Outline application for 7 dwellings.
Page No 52
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RELEVANT HISTORY
None relevant.
DEVELOPMENT PLAN
Within settlement limit. UDP Policies PS1, PS2, GDP1, GDP2, H2, EC4, and T8
apply. Local Planning Guidance Notes Nos. 17 ‘Trees and Development’, 16 ‘Parking
Standards’, 21 ‘Space around Dwellings’ and 27 ‘Developer Contributions to
Schools’ are also relevant.
CONSULTATIONS
Community Council:
Local Members:
Public Protection:
Highways:
Other representations:
Housing:
Network Rail:
Welsh Water:
Environment agency:
Site Notice Expired:
Press Advert Expired:
Support this application
Councillor Moysen re-consulted 22/01/2008
Councillor Coleman supports this application
no objections subject to the imposition of an appropriate
condition to deal with potential contamination at the site
Noise from railway may be an issue – add condition
No objection subject to recommended conditions
1 letter received raising the following:
 Loss of a pleasant and green amenity area;
 Increased traffic flows to a dangerous level;
 Possible loss of trees on site and impact on birdlife;
 Brownfield land within the area should be
considered as an alternative.
Commuted sum for contribution towards education
facilities is required.
No objection but request that the following be
considered:
 Drainage for the site
 Security for the railway line
 Noise impact upon the new dwellings
 Tree planting
Notified 12/02/2008
No representations.
20/11/2007
30/11/2007
SPECIAL CONSIDERATIONS/ ISSUES
Background: This is an outline application for the erection of 7 no. dwellings of
mixed house type, with all further details including siting, landscaping, design,
appearance and access reserved for subsequent approval. The main issues to consider
relates to the impact on the highway of the additional dwellings, the loss of green
space and the impact that development will have on the visual amenities of the area.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
The proposal was originally for 10 dwellings, but the numbers have been reduced to 7
units to allow for an improved site layout and to minimise the impact upon the
existing poplar trees which form the rear boundary of the site.
Loss of green space: The locality does not suffer from a lack of amenity areas, and
there is a surplus of open spaces in the vicinity (there is over 2.3 Ha in Plas Madoc
area). The proposal will not see the whole of the site developed, and some of the open
space will remain.
Residential Amenity: The site is considered large enough to accommodate seven
dwellings. It is possible to achieve the proposed development on this land in
accordance with the Council’s separation distances and guidance on ‘Space around
Dwellings’. However, these details have been reserved for subsequent approval and
will be properly considered at the reserved matters stage.
Highway Access and Parking: No objection subject to the provision of a 2 metre
footway across the full site frontage which will enhance pedestrian safety in the
vicinity. A 2 metre footway has been demonstrated on the submitted layout plan, and
will be secured by way of planning condition.
Adequate on-site parking provision has been demonstrated, and the required visibility
splays are achievable at the access points. These provisions will also be secured by
planning condition.
Noise: The development site is in close proximity to a main railway line. It is
therefore likely that the development will be exposed to increased noise levels arising
from the use of the railway. I would therefore advise that the developer undertake a
noise survey in order to determine noise levels for both day and night having regard to
Planning Guidance – Technical Advice Note (Wales) 11 – Noise.
commencement of the use hereby permitted and be permanently retained thereafter.
Trees: Over twenty mature poplar trees exist along the southern boundary of the site.
These trees are a prominent feature of the site and streetscape and make a positive
contribution to the visual amenities of the area. As part of the reserved matters, a full
arboricultural survey will be requested and replacement tree planting secured to
compensate for any loss, which is not expected to exceed more than four trees.
Contributions for schools: Whilst the nearest primary school to the development
site has spare capacity, the designated secondary school will not accommodate the
extra pupils. That said, the developer will be required to make a financial contribution
towards educational facilities in accordance with Local Planning Guidance Note No.
27 ‘Developer Contributions to Schools’. Further detail will be secured as part of the
reserved matters application.
Conclusion: The site is capable of supporting 7 no. dwellings and the increase in
traffic generation will not give rise to additional danger to road users. The proposed
development will make a positive contribution to the area and will not adversely
impact upon the visual amenities of the area. The proposal accords with local
planning policy and I recommend accordingly.
Page No 54
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local Planning
Authority before any part of the development is commenced:
a. the siting of the building(s)
b. the design of the building(s)
c. the external appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1 (above)
shall be submitted in writing to the Local Planning Authority before the expiry of
three years from the date of this permission. The development shall only be carried
out in strict conformity with such details as are thereby approved.
3.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission or two years from the date of approval of the
last of the reserved matters required to be approved, whichever is the later.
4.
This development shall be for a maximum of 7 no dwellings only
5.
As part of the reserved matters an arboricultural implication study and method
statement dealing comprehensively with all tree issues shall be submitted and
development shall only be carried out in accordance with the scheme as is approved.
6.
Development shall not begin on site 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. Where remediation works are required, the
development shall not be occupied/used until a Validation Report to show that the
works have been satisfactorily carried out has been submitted to and approved in
writing by the Local Planning Authority.
7.
Any proposed access shall provide visibility splays of 2.4 x 33 metres in both
directions measured to the nearside of the adjoining highway within which there shall
be no obstruction in excess of 1 metre in height. The visibility shall be provided
before any dwelling is occupied and shall be protected thereafter
8.
Prior to first occupation of any dwelling, a 2.0 metre wide footpath shall be
constructed to Highways Authority adoptable standard along the entire site frontage
along Hampden Way, details of which shall be submitted as part of the reserved
matters.
9.
Any proposed access shall take the form of a dropped vehicular crossing.
10.
The contents of the indicative site plan submitted in support of this application
shall not be regarded as representing an approved site layout.
11.
As part of the reserved matters, full details of the proposed hard and soft
landscaping proposed for the site, to include the specification for any replacement tree
planting, shall be submitted.
12.
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).
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
13.
The reserved matters application shall include details of a financial
contribution to be made towards the shortfall in education facilities in accordance
with Local Planning Guidance Note no. 27 'Contributions for Schools'.
14.
Prior to commencement of development, a detailed report of a noise survey
shall be submitted to the Local Planning Authority to include:
(a) Noise levels arising from day/night time activities arising from the use of
the railway adjacent to the proposed development site and the impact on
the proposed accommodation.
(b) Details of the present noise and vibration levels arising from rail traffic in
relation to the proposed development site. The developer shall consult
with the railway operator to determine if there are proposals for
significant operational changes.
(c) A detailed scheme of noise insulation and/or attenuation measures so
designed to safeguard the amenity of the future occupants of the proposed
accommodation as detailed above.
All data shall be representative of typical conditions for both day (0700-2300 hours)
and night (2300-0700 hours).
Development shall only be carried out in strict accordance with the details which have
been approved in writing by the Local Planning Authority.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
2.
To comply with Section 92 of the Town and Country Planning Act, 1990.
3.
To comply with Section 92 of the Town and Country Planning Act, 1990.
4.
To ensure that a satisfactory unit of residential accommodation is retained
within the premises and to protect the amenities of the occupiers of nearby properties.
5.
To ensure the amenity afforded by the trees is continued into the future.
6.
In the interests of the amenities of the future occupants of the buildings
7.
In the interests of highway safety.
8.
In the interests of highway safety.
9.
In the interests of highway safety.
10.
To ensure that all details are reserved
11.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
12.
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.
13.
To ensure that the development fully complies with the appropriate policies
and standards.
14.
To protect amenity of future residents.
NOTE(S) TO APPLICANT
The applicant is referred to the Environment Agency guidance note for developers, as
enclosed.
_____________________________________________________________________
Page No 56
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1282
LOCATION:
Land adjacent to Braemore Hill Street
Cefn Mawr Wrexham
DATE RECEIVED:
29/10/2007
COMMUNITY:
Cefn
DESCRIPTION:
Erection of dwelling and garage and
associated garden/yard.
CASE OFFICER:
KH
WARD:
Cefn
APPLICANT(S) NAME:
Mr & Mrs Edwards
AGENT NAME:
Menna Gerrard Ltd
_____________________________________________________________________
P/2007 /1282
THE SITE
Derelict land located off the southern side of Hill Street.
site
Land with outline for
housing
PROPOSAL
As above – this is a full application with all details.
HISTORY
P/2005/0296 Alteration to vehicular access (adjoining site, Braemore).
Page No 57
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Within settlement limit. The Conservation Area boundary runs along the northern
boundary of the site. Policy GDP1 and EC 7 refers.
CONSULTATIONS
Community Council:
Cllr Coleman:
Cllr Moysen:
Supports application.
Supports application.
Subject to condition regarding visibility splays, no
objection.
Public Protection:
Consulted 30.10.07
Highways:
No objections subject to conditions to improve visibility
and parking provision.
Environment Agency:
No observations
Health & Safety Executive: Do not advise against.
Welsh Water:
Conditions required.
Other Representations:
Additional consultation expires 29.02.08
Site Notice:
Expired 19.12.07
SPECIAL CONSIDERATIONS/ISSUES
Streetscene: The proposed property is a substantial 2.5 storey building and
consideration is required of the impact on the streetscene. Viewed from Hill Street
the impact is reduced with the land levels approximately 2m lower and a boundary
perimeter wall. The property will be lower in height than Braemore to the east and
whilst newer properties to the west would be lower I do not consider the property
would significantly compromise the streetscene. When viewed from the south the
property will be seen against the backdrop of properties at a higher level. It would
not untypical of Cefn in general, where there are properties at different levels.
Landscaping will further reduce the impact.
The Conservation Area bounds the site but as the dwelling will be at a lower level I do
not consider it will compromise the setting and the appearance of the area will be
preserved.
Highways: Access to the site will be via the existing access to Braemore. Alterations
to the access were granted planning permission in May 2005(P/2005/0296) which
were intended to permit the use of the access for a second dwelling.
I am satisfied that works already carried out to the access in terms of widening and
further improvements to visibility in a westerly direction will ensure a safe access.
Amenity: I am satisfied that separation distances to properties to the north of the site
ensure no significant loss of amenity with distances of over 27m between properties.
Properties to the immediate east and west will not be significantly affected by virtue
of loss of privacy, light or the dwelling being overbearing.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
There is an outline permission on land to the south-west of the site. No details were
submitted as to the siting of properties on the land but I am satisfied that this
permission would not compromise future development of that land.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. The works shall be
implemented in accordance with a timescale to be approved in conjunction with the
scheme of details.
4.
Within six months of the first use of the development, trees and shrubs shall be
planted on the site in accordance with a scheme which has been submitted to and
approved by the Local Planning Authority. Any trees or shrubs removed, dying,
being severely damaged, or becoming seriously diseased within five years of planting
shall be replaced by trees or shrubs of a similar size and species to those originally
required to be planted.
5.
This permission shall operate only to allow development to be carried out in
accordance with the approved drawings and the application documentation.
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995, no further development shall take place within the site
(other than the painting of the buildings).
6.
Foul water and surface water discharges shall be drained separately from the
site.
7.
No surface water shall be allowed to connect (either directly or indirectly) to
the public sewerage system unless otherwise agreed, in writing, by the Local Planning
Authority.
8.
Land drainage run-off shall not be permitted to discharge, either directly or
indirectly, into the public sewerage system.
9.
The proposed access shall have visibility splays measuring 2.4 x 33m in a
westerly direction and 2.4 x 56m in an easterly direction measured alongside 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 the commencement of
use/occupation of the development hereby approved and shall thereafter be retained
clear of such obstruction.
10.
No windows, doors or other openings shall be inserted into any elevation other
than those indicated on the approved drawings.
11.
No gates shall be permitted within 5m of the highway boundary.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
12.
Details of all boundary means of enclosure shall be submitted in writing for
the further approval of the Local Planning Authority. The details, as approved, shall
be implemented prior to the first occupation of the dwelling hereby approved and
retained thereafter u nless otherwise agreed, in writing, with the Local Planning
Authority.
13.
Details of works to the boundary wall to improve visibility in a westerly
direction shall be submitted, in writing, for the furtehr approval of the Local Planning
Authority. The works shall be carried out strictly in accordance with the details as
approved prior to the first occupation of the dwelling hereby approved and retained
thereafter.
14. The site shall only be developed in accordance with the ground and floor levels
which have been agreed in writing by the Local Planning Authority before
development commences. No changes to floor levels or external ground levels shall
be made without the prior written approval of the Local PlanningAuthority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
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.
6.
To protect the integrity of the public sewerage system.
7.
To prevent hydraulic overloading of the public sewerage, to protect the health
and safety of existing residents and ensure no detriment to the environment.
8.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
9.
To ensure that adequate visibility is provided at the proposed point of access to
the highway.
10.
To protect the amenities of the occupiers of nearby properties.
11.
In the interests of highway safety.
12.
In the interests of nearby residential amenity and the general visual amenities
of the area.
13.
In the interests of the character of the Conservation Area and the general
visual amenities of the area.
14.
In the interests of amenity of adjoing properties and highway safety
_____________________________________________________________________
Page No 60
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1400
COMMUNITY:
Rhosddu
LOCATION:
52 Spring Gardens Wrexham
DATE RECEIVED:
03/12/2007
DESCRIPTION:
Ground floor garage / utility extension.
CASE OFFICER:
LG
APPLICANT(S) NAME:
Mr PI Wright
WARD:
Grosvenor
AGENT NAME:
Mr PI Wright
_____________________________________________________________________
THE SITE
Site
Location of proposed
ground floor extension
PROPOSAL
As above.
HISTORY
P/2001/0359
Residential development, construction of new vehicular and
pedestrian access roads and alterations to existing vehicular and
pedestrian access. Granted.
Page No 61
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Within settlement limit. UDP Policy GDP1 applies. Local Planning Guidance Notes
No. 20 ‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Other Representations:
Site Notice:
No objection. Re-consulted 04.02.08
Consulted 04.12.07. Re-consulted 04.02.08
Two letters of objection received objecting on the
following grounds:
1)
The intended extension will be over
domineering and unsightly due to the height the
building will become.
2)
Outlook from rear of property would be a
massive plain red brick wall that is invasive.
3)
The wall forms part of our boundary thus any
building work carried out to the wall would be a
health and safety risk to children and pets.
4)
The planned new build will be directly alongside
the rear fence and will dominate the rear garden.
5)
The extension will come several metres closer to
kitchen and bedroom and impact on the living
space.
6)
The size and scale of the extension would
impact negatively on living space.
Re-notified 04.02.08
Expired 02.01.08.
SPECIAL CONSIDERATIONS/ISSUES
Background: The existing dwelling is a modest 3 bedroom semi-detached dwelling
located on the Spring Gardens estate in Rhosddu. Planning permission was originally
sought for a two-storey side extension to create a smaller garage and new utility room
on the ground floor and two further bedrooms above. Amended plans have been
received showing the deletion of the first floor element of the extension and this
report will address the amended proposal for a ground floor garage and utility room
extension only.
Residential Amenity: The amended proposal is for a single storey extension to move
the garage further forward and create a utility room at the rear. The extension is in
accordance with the British Research Establishment 45 degree daylight and would not
result in a detrimental loss of light to the surrounding properties.
The extension would come no closer to the ground floor rear windows of number 30
Spring gardens, which faces onto the side of the site, than the existing garage and I do
not consider the extension to be visually overbearing when viewed from the facing
habitable rooms.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Parking: The proposal involves moving the garage further forward which will result
in the length of the garage being reduced to below the parking standard in LPGN 16.
However the applicant has sufficient parking within the curtilage to accommodate 3
vehicles in accordance with Council guidance.
Conclusion: The design of the extension is reflective of the original and surrounding
dwellings and would not adversely affect the character or appearance of the area or
the amenity of the surrounding properties.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
The development shall only be carried out in accordance with the amended
plan(s) dated 31 January 2008.
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.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
You are 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.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 64
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1424
COMMUNITY:
Rossett
WARD:
Rossett
LOCATION:
NEWHAVEN COTTAGE & GARAGE
CHESTER ROAD ROSSETT
WREXHAM
DESCRIPTION:
REMOVAL OF CONDITION NO. 7 OF
PLANNING PERMISSION CODE NO.
P/2007/0426 RELATING TO HEIGHT
OF DWELLINGS.
DATE RECEIVED:
11/12/2007
CASE OFFICER:
SJG
AGENT NAME:
MR ALAN BROOKE
APPLICANT(S) NAME:
MR ALAN BROOKE
_____________________________________________________________________
THE SITE
The site is on the south-west side of Chester Road at the junction with The Green.
2 = two storey
1 = bungalow
2
1
PROPOSAL
Removal of condition 7 which states:
Page No 65
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
The proposed dwelling(s) shall be single storey to the eaves.
Reason: To protect the amenities of the occupiers of nearby properties.
The original application was for residential development of a 870m2 site including the
garage buildings and Newhaven Cottage.
APPLICANT’S SUBMISSIONS
The owner has tried to sell the site but without success. Potential purchasers stated
that condition 7 deterred them from purchasing. Photographs have been supplied of
dwellings surrounding the Green and most are 2 or even 3 stories. It is illogical that
this site should be restrained to “single storey to the eaves” as there are only 2
bungalows next to the garage, which have no architectural merit. The site is an
eyesore and has caused parking problems in the locality, and its removal or
redevelopment for residential purposes would benefit the community and local
residents.
In response to a request, the applicant has submitted sketch details of a possible
development of the site. The plans indicate a development of 4 units along The
Green, with Newhaven Cottage retained. The access leads to a shared parking area
behind Newhaven cottage for 10 cars. The main block adjoining the Cottage is a full
two stories in height, and the detached unit adjoining Peacehaven has a lower eaves
line. There would no windows overlooking that bungalow.
RELEVANT HISTORY
CB03274
Demolition of garage and outline for residential development & new
access Granted 9/7/1999
P/2007/0426 Outline for residential development
Granted 17/5/2007
DEVELOPMENT PLAN
Within settlement limits. Policies H2 and GDP1 are relevant, together with LPGN 21.
CONSULTATIONS (re-consultations on sketch plans carried out 1/2/2008)
Rossett C Council: No objections
Local Member:
Considers that condition should be retained.
Site Notice:
Expired 7/1/2008
Other representations:
Adjoining occupiers notified 17/12/2007
2 objections received, plus petition signed by 7 local
residents, on grounds of:
a. the height of any dwellings should not exceed the
height of adjoining properties
b. Loss of daylight and sunlight to adjoining dwellings
c. Condition should be retained in the interests of
residential and visual amenity
1 Letter of comment received:
a. Parking is inadequate in terms of number, size and
layout of spaces
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
b. Visibility splay encroaches onto adjoining land
c. Height of dwellings fronting Chester Road should not
exceed that of Newhaven
d. No windows should face Peacehaven
SPECIAL CONSIDERATIONS/ ISSUES
Residential amenity: The requirement imposed by condition 7 was also imposed on
the 1999 permission, and does not rule out first floor accommodation. It was
considered that the restriction was justified in order to protect residential amenity and
visual amenity in general, and removal of the condition could be seen as encouraging
a higher development on this site. It is accepted that there are 2 or 2.5 storey
developments in the vicinity, as shown on the applicant’s photographs. However this
proposal must be examined on its merits with regard to the specific site and its
surroundings.
The sketch scheme allays some of the concerns over the visual impact of the
development. The development of 4 new dwellings is unlikely to be acceptable on
parking and layout grounds, but it is now accepted that the principle of a carefully
designed 1.5-2 storey development could be acceptable.
On this basis it is considered that the original condition is not necessary, and an
amended version is considered appropriate, plus an additional condition relating to
overlooking windows.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local Planning
Authority before any part of the development is commenced:
a. the siting of the building(s)
b. the design of the building(s)
c. the external appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1 (above)
shall be submitted in writing to the Local Planning Authority before the expiry of
three years from the date of this permission. The development shall only be carried
out in strict conformity with such details as are thereby approved.
3.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission or two years from the date of approval of the
last of the reserved matters required to be approved, whichever is the later.
4.
Development shall not begin on site 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. Where remediation works are required, the
development shall not be occupied/used until a Validation Report to show that the
Page No 67
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
works have been satisfactorily carried out has been submitted to and approved in
writing by the Local Planning Authority.
5.
The site shall only be drained by means of a separate system of drainage with
no surface water being discharged to the foul drain/sewer.
6.
No development shall take place until a scheme of foul drainage and surface
water drainage has been submitted to and approved by the Local Planning Authority.
The approved scheme shall be complete before the development is occupied
7.
The proposed dwelling(s) shall not exceed two storeys in height.
8.
No windows shall be inserted in the side (south-east) elevation of the dwelling
adjoining Peacehaven.
9.
From a point on the centreline of the new site access 2.4 metres back from the
nearside edge of carriageway to points on that same edge of carriageway 49 metres
each side of the access, all obstructions to visibility shall be reduced to and thereafter
maintained at a height not exceeding 1 metre above the level of teh adjacent
carriageway.
10.
From a point on the centreline of the new site access 2.4 metres back from teh
highway boundary to points on the highway boundary 3.3 metres each side of teh
centreline all obstructions to visibility shall be reduced to and thereafter maintained at
a height not exceeding 0.6 metres above the level of the adjacent footway.
11.
Where a footway not less than 2 metres in width does not now exist at any
point along the site frontage, a footway 2 metres wide shall be constructed all to the
satisfaction of the Local Planning Authority and shall be completed prior to the first
occupation of any new dwelling.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
2.
To comply with Section 92 of the Town and Country Planning Act, 1990.
3.
To comply with Section 92 of the Town and Country Planning Act, 1990.
4.
In the interests of the amenities of the future occupants of the buildings
5.
To ensure proper drainage of the site.
6.
To ensure satisfactory drainage of the site and to avoid flooding.
7.
To protect the amenities of the occupiers of nearby properties.
8.
To protect the amenities of the occupiers of nearby properties.
9.
To ensure adequate visibility from and of emerging vehicles.
10.
To ensure adequate visibility of pedestrians, particularly young children using
the footway.
11.
To accommodate increased pedestrian traffic generated by the proposed
development.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Page No 68
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
If the applicant wishes the Highway Authority to adopt the new footway for
maintenance at the public expense or intends to carry out works within the existing
highway, he will need to enter into a formal agreement under the appropriate sections
of the Highways Act 1980.
Further advice on compliance with Condition No. 4 may be obtained by contacting
the Council's Environmental Protection Section on Wrexham 297041, and from the
Environment Agency as explained in the attached consultation letter. Special
attention will be required to the removal of the fuel tanks - please contact Trading
Standards on 01978 292045.
Please note the attached comments from Welsh Water and Public Protection.
The detailed scheme must take account of the Council's standards for parking and
space around dwellings contained in Guidance Notes 16 and 21 and must reflect the
character and heights of the adjoining dwellings. It is considered that a development
should be of low density and include designs specific to this site.
_____________________________________________________________________
Page No 69
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1428
COMMUNITY:
Offa
WARD:
Brynyffynnon
LOCATION:
RAILWAY LAND ADJOINING
WREXHAM MAELOR HOSPITAL
CROESNEWYDD ROAD WREXHAM
DESCRIPTION:
CAR PARK AND HELIPAD
(PREVIOUSLY GRANTED UNDER
CODE NO. P/2004/0990)
DATE RECEIVED:
12/12/2007
CASE OFFICER:
KH
AGENT NAME:
TACP
APPLICANT(S) NAME:
NORTH EAST WALES NHS TRUST
_____________________________________________________________________
THE SITE
Land on the southern boundary of the hospital site. The land to the immediate south
is part of the Ruthin Road development site.
Link to Western
Gateway spine
road.
PROPOSAL
Renewal of previous permission granted in 2004 for a car park and helipad. The
current application includes an extra 65 spaces on the site of the future helipad. It is
anticipated this additional parking will be of a temporary nature with the
Helipad
implementation of the helipad in the future.
HISTORY
P/2004/0990 Use of land as 475 space car park and helipad. Granted 07.10.04.
Page No 70
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Within settlement Policies PS1, PS2, PS3, GDP1, EC4, EC6, EC13, T8 and T10.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Environment Agency:
Countryside Council Wales:
Network Rail:
Railway Inspectorate:
W.A.G Transport Directorate:
Other Representations:
Site Notice Expired:
No objections
Notified 13.12.07
Condition to deal with contamination of site
required.
No objection to temporary permission.
No objection but may wish to consider Flood
Consequence Assessment.
Recommends ecological surveys are carried out
and if surveys suggest protect species are
present, appropriate compensation and
mitigation schemes provided.
Consulted 21.12.07
Consulted 21.12.07
No observations
Redrow Homes, adjoining land owners have no
objection in principle but subject to the receipt
of further information which demonstrates that
the car park can be accommodated within the
site without prejudice to ecological, recreational
and amenity interests. Further information
required in terms of ecology, disposal of surface
water, a detailed landscaping scheme
demonstrating that the walking and cycling route
can be provided and that future occupants of the
committed housing development on land to the
south will not suffer an unacceptable loss of
amenity.
12/01/08
SPECIAL CONSIDERATIONS/ISSUES
Background: A three year temporary permission was granted “To retain control of
the use to enable future alternative access arrangements.” The background was to
allow the car park access to be from Croesnewydd Road and thence to the A525.
The application has been varied to provide an extra 65 spaces to the east of the car
park on the site of the proposed helipad. This is purely a temporary situation with the
helipad to be implemented in the future.
Ecology: Detailed discussions between the applicants Ecological Consultants and the
Councils Ecologist with regard to the presence of any protected species look place
prior to the previous permission. The Common Lizard was identified as likely to be
present and a survey was conditioned. Terrestrial searches and protective fencing was
Page No 71
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
erected. A scheme of mitigation and compensation proposals were agreed which
involved the retention of a landscaped embankment on the northern boundary.
On the basis the majority of the site has been tarmaced for over 2 years and used
extensively as a car park I do not consider any further surveys are required.
I will however, condition details of additional landscaping to supplement existing to
compliment the existing habitat and the consolidation of a wildlife corridor on the
southern boundary.
Highways: I do not consider I can recommend refusal of the application on the basis
of increased pressure on the local highway network. The previous permission was
granted on a temporary basis purely to retain control of the use to eventually enable
traffic to access onto Croesnewydd Road and not to assess the implication of
increased traffic movements. I have not seen any evidence that the use has resulted in
unreasonable pressures on the existing highway network. I do consider a further
temporary permission is necessary to ensure future alternative access arrangements
are not compromised. However if this does take place it would be beneficial.
General: Concerns have been raised with regard to drainage. Run off from the car
park is to soakaways and this was agreed in conjunction with the Environment
Agency Wales as part of the previous approval.
The car park retains a central cycleway/pedestrian route which is tree-lined. With the
maturity of the trees, the route will be enhanced.
With regard to proposed housing to the south, the main use of the car park is during
the day. The lighting is low level with minimal overspill. The future use of the
helipad should have a limited impact with occasional use for emergencies and I
understand the licence would restrict flights to daylight hours.
Conclusion: I am satisfied the renewal of the permission will not adversely affect
any ecological interests or significantly compound congestion in the local highway
network. The scheme is similarly unlikely to have a significant impact on proposed
residential properties to the south of the site.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The use hereby permitted shall cease and be abandoned no later than 31
December 2010. The land shall be restored to its previous condition no later than one
month after that date.
2.
The helipad shall be restricted for the use of emergency aircraft only.
3.
Within one month of this decision full details of works to provide and retain
cycleway/footpath links to the adjoining land to the north-west and south-west shall
be submitted in writing for the further approval of the Local Planning Authority. The
details as approved shall be fully implemented in accordance with timescale to be
agreed as part of the submitted details and retained thereafter.
4.
Notwithstanding the approved plans, within 3 months of the decision notice, a
landscaping scheme shall be submitted in writing for the further approval of the Local
Page No 72
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Planning Authority. Details shall include hedge planting along the southern perimeter
and additional planting along the northern boundary to supplement the existing
landscaping. The works shall be implemented in accordance with a timescale to be
approved in conjunction with the scheme of details. Any trees, hedging or shrubs
removed, dying, being severely damaged, or becoming seriously diseased within five
years of planting shall be replaced by trees or shrubs of a similar size and species to
those originally required to be planted.
REASON(S)
1.
To retain control of the site to enable future alternative access arrangements.
2.
To minimise noise disturbance to existing and future occupiers of nearby
residential properties.
3.
To ensure provision is made for a more comprehensive and continuous
walkway/cycleway route.
4.
In the interests of the general visual amenities of the area and in the interests
of nature conservation and preservation/ enhancement of habitats.
_____________________________________________________________________
Page No 73
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2007 /1431
LOCATION:
LAND ADJACENT TO CAPEL SALEM
BANK STREET PONCIAU WREXHAM
DATE RECEIVED:
12/12/2007
COMMUNITY:
Rhos
DESCRIPTION:
ERECTION OF 2 NO. 4 BEDROOM
DETACHED DWELLINGS.
CASE OFFICER:
MP
WARD:
Ponciau
APPLICANT(S) NAME:
MR D HANNABY
AGENT NAME:
BLUE PRINT
_____________________________________________________________________
SITE
The application site is a vacant parcel of land adjacent to Capel Salem.
Application site
PROPOSAL
Approval of reserved matters application providing full details of the site layout,
access, design and external appearance of the dwelling and landscaping.
HISTORY
P/1999/0161 Erection of 2 No. link-detached houses and construction of new
vehicular and pedestrian access. Granted 24.1.2000
Page No 74
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
P/2004/0345 Outline application for residential development (2 No. link detached
houses) and construction of new vehicular and pedestrian access.
Granted 5.5.2004
P/2007/0913 Relaxation of condition 2 (planning permission P/2004/0345) to allow
a further 12 months to submit reserved matters. Granted 30.8.2007
DEVELOPMENT PLAN
Within settlement limit. Policies PS1, PS2, GDP1 and H2 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Welsh Water:
Other representations:
Notified 13.12.07
Notified 13.12.07
Visibility not fully to standard in to the east however
outline planning did not condition splays, the access is
in optimum location. Adequate parking and turning
provided. Conditions recommended.
Recommend measures are put in place to reduce the
impact of works during construction.
Recommend conditions regarding site drainage.
1 letter expressing grave concerns. Following concerns
expressed:
- proximity of one of the dwellings to Lluest Wen and
the number of windows overlooking this property;
- brick wall which separates building plot and garden
of Lluest Wen from the road. Presumably part of
the wall will be demolished. Will section on Lluest
Wen be made good at no expense to its residents;
- visibility, this will be greatly compromised and
residents of the two new dwellings will have great
difficulty seeing up Bank Street when attempting to
leave the area allocated for turning. The road is
busy and is a bus route;
- on-road parking: several residents on Bank Street
have no-off road parking. A number park their cars
adjacent to the existing wall and gateway. This area
will not be available when the dwellings are built so
further restricting current residents parking options.
The likely outcome is on-road parking will be
shifted up Bank Street towards a blind bend where
there are also bus stops on opposite sides of the
road. Traffic may be forced to negotiate the bend on
the wrong side of the road with no means of seeing
if there is traffic coming in the opposite direction;
- Bank Street is used by children making their way to
school. The potentially dangerous traffic conditions
together with the lack of safe pedestrian routes,
together with the lack of safe pedestrian footpaths in
the vicinity could lead to accidents;
Page No 75
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
-
Site Notice:
Parking problems are further exacerbated whenever
there is a service at Capel Salem. Worshipers tend
to use their cars to travel to the Chapel. This extra
volume of parking will add to the potential danger
and cause more than a little inconvenience to local
residents.
Expired 8.1.08
SPECIAL CONSIDERATIONS
Background: The site has outline permission for two linked-detached dwellings.
Although this application is for two non-linked detached dwellings, the outline
permission established that the site could accommodate two dwellings. The fact that
the reserved matters deviates slightly from the description of development granted
permission at outline stage I do not believe it is an alteration could be considered as a
material alteration from what currently has planning permission.
Siting and design of dwellings: Both dwellings would be set some 17 metres back
from the road frontage. I consider this to be the most appropriate position for them as
it will minimise the impact on the occupiers of the adjacent property Lluest Wen. I
note that concern has been expressed about the impact this development will have on
the occupiers of that property and I will consider this in more detail below.
Amenity: Lluest Wen has a number of windows facing directly onto the application
site and the westerly plot would be 10 metres from the existing property. The new
dwelling is set far enough back that a pair of ground floor windows and first floor
windows will overlook its driveway rather than facing a blank elevation. Lluest Wen
does have a rear extension that also has ground and first floor windows facing the
development site. The ground floor has a window serving a utility room and a glazed
door serving a kitchen. The utility room is not classes as a habitable room, therefore
the standards set out in Local Planning Guidance Note 21 are not applicable. With
regards to the kitchen, this does have another window in the west elevation, therefore
the development will not unacceptable impact upon the amount of light received by
this room.
At first floor, there are windows serving a bedroom, although the room does also have
other windows in the north and west facing elevations. In my opinion the outlook
from the windows will not be unacceptably compromised because the side elevation
of the new dwelling will not exceed the height of the first floor windows significantly
so as to prove visually overbearing or unacceptably compromise the amount of light
received by the room.
The western plot will windows facing Lluest Wen, however the only windows serving
a habitable room are on the ground floor. Appropriate boundary treatment will ensure
that this arrangement does not unduly compromise the privacy enjoyed by occupiers
of the existing property.
The property located behind the application site, known as Thorlie is set lower than
the application site by approximately 2m and is 17 metres from the nearest proposed
dwelling. Due to the orientation of the dwellings in relation to each other I am
Page No 76
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
satisfied that no direct overlooking of habitable rooms will occur and that the distance
is satisfactory so that the new development will not proving visually overbearing.
Appropriate boundary treatment will be required to ensure that the use of the garden
area of the new dwellings, particularly the eastern plot, does not affect the privacy of
the existing property.
Design: The proposals are for two identical, albeit handed over so that they are a
‘mirror image’ of each other. The design is acceptable.
The initial plans suggested that the whole front garage area would be hard standing,
which would have looked unattractive. Subsequent revision no show that there would
be a single shared access to the site with each dwelling have a large driveway to the
front. Sufficient space is left over to allow for some soft landscaping to take place.
Highways: Adequate space is provided for off-street parking and turning within the
site. Highways have noted that visibility to the east does not fully meet the
requirements of TAN18, but that the access is sited to maximise visibility. The
applicant has confirmed he owns a small parcel of land to the front of Capel Salem
that will allow him to remove obstructions to visibility exceeding 1 metre in height,
namely a section if an existing wall.
I note that some concern has been expressed about the impact of the development on
highway safety. I will deal with these in turn:
Visibility: The development itself will not compromise visibility. Visibility from the
proposed access will be maximised by its position, the removal of obstructions on
land under the applicant’s control as referred to above, and the provision of a 2 metre
wide footway along the frontage of the site.
On street parking: The development itself is provided with adequate off-street
parking, therefore there will be no need for future occupiers to park on the street. It is
not possible for planning control to enforce against occupiers who choose not to
however.
I note that the road in front of the development site forms part of the adopted highway
and is not a formal parking area, therefore as far as I am aware nearby residents do not
have any particular right to park there. The application site is also private land and
has an existing, albeit presently little used, access onto Bank Street. It would
therefore be entirely reasonable for the owners of the land to expect this access to be
kept clear to enable them to gain access to their land, irrespective of whether it is
developed.
Pedestrian safety: There is currently a footway on the opposite side of Bank Street.
The development will also result in the construction of a 2 metre footway along the
frontage of the site thus providing a refuge from on coming traffic for pedestrians who
do walk along the north side of Bank Street.
Parking problems when services are held at adjacent Chapel: There is already
approval for two dwellings so the development is unlikely to add to or exacerbate
parking problems arising from the use of the adjacent Chapel.
Page No 77
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby approved shall be commenced before 03.03.2010.
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.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
4.
Within 3 months of commencement of development on site, full details of both
hard and soft landscape works for the site shall be submitted to and approved in
writing by the Local Planning Authority. The works shall be implemented in
accordance with a timescale to be approved in conjunction with the scheme of details.
5.
Within 3 months of the date of commencement of development a scheme of
boundary treatment shall be submitted to and approved in writing by the Local
Planning Authority. The scheme shall be implemented prior to the first occupation of
the dwellings hereby approved.
6.
Notwithstanding the provisions of Part 2 Class A of Schedule 2 of the Town
and Country Planning (General Permitted Development) Order 1995, no gates shall be
erected across the vehicular access to the dwellings hereby approved within 5 metres
of the highway boundary.
7.
The proposed access shall be provided with visibility splays of:
i) 2.4 x 25 metres in an easterly direction as measured to the centreline of the
adjoining highway; and
ii) 2.4 x 33 metres in a westerly direction as measured to the near side edge of the
adjoining highway.
Within the splayed areas there shall be no obstruction above 1 metre in height. The
splays shall be provided prior to the first occupation of the dwellings hereby approved
and thereafter maintained free of all such obstructions.
8.
The site access shall be a minimum of 4.1 metres wide and shall be hard
surfaced in a bound material for a minimum distance of 5 metres behind the highway
boundary.
9.
The vehicle parking and turning areas indicated on the approved plans shall be
laid out, surfaced and drained prior to the first use of the building hereby granted and
shall thereafter be retained for those purposes, free of all obstruction.
10.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no windows or other openings, other than those
shown on the approved plans, shall be erected in the south-west facing elevation of
the western plot hereby approved.
11.
The two metre footway shown on the approved plans shall be constructed, to
Highway Authority adoptable standards, prior to the first occupation of the dwellings
hereby approved and shal therafter be retained clear of obstruction.
12.
Foul and surface water discharges shall be drained separately from the site.
13.
No surface water or land drainage run-off shall be allowed to connect (either
directly or indirectly) to the public sewerage system.
Page No 78
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
REASON(S)
1.
To comply with Section 92 of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
In the interests of the amenities of the occupiers of nearby properties and the
visual amenities of the area.
6.
To allow vehicles to access the site without having to stop in the highway to
open gates, in the interests of highway safety.
7.
To ensure that adequate visibility is provided at the proposed point of access to
the highway.
8.
To ensure the formation of a safe and satisfactory access and to ensure that
deleterious material is carried onto the Highway.
9.
In the interests of highway safety.
10.
To protect the amenities of the occupiers of nearby properties.
11.
In the interests of pedestrian safety.
12.
To protect the integrity of the public sewerage system.
13.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
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 scheme of landscaping referred to in the above conditions shall inlcude any
changes to ground levels (shown by existing and proposed contours/levels) and any
existing vegetation (showing that to be retained) and proposed planting. In addition,
any of the following which apply to the particular site must be included:means of enclosure, car parking layout, access and circulation areas, materials for
hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play
equipment) location of services, and any historic landscape features to be
retained/improved.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
The proposed footway on Bank Street will need to be constructed to a standard
suitable for adoption by the Council for future maintenance at the public expense.
The developer should be advised that they will need to enter into an agreement under
section 38 of the Highways Act 1980. Until such time that the Section 38 agreement
for the proposed new footway is complete, the developer will be liable for that portion
of land.
_____________________________________________________________________
Page No 79
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0001
LOCATION:
PONTFADOG BRIDGE PONTFADOG
LLANGOLLEN
DATE RECEIVED:
02/01/2008
COMMUNITY:
Glyntrian
DESCRIPTION:
LISTED BUILDING CONSENT FOR 6"
SQUARE TILE AND
COMMEMORATIVE PLAQUE
CASE OFFICER:
LB1
WARD:
Ceiriog Valley
APPLICANT(S) NAME:
MRS RP DAVIES
AGENT NAME:
MRS RP DAVIES
_____________________________________________________________________
SITE
Pontfadog Bridge.
Location of
plaque and
tile on bridge
PROPOSAL
As above .
HISTORY
None Relevant.
Page No 80
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Within settlement limit, Bridge is Grade II Listed Structure. GDP1, PS2, EC9 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
WACivic Soc:
RCAHMW:
Flints Hist Soc:
Consulted 03/01/08
Notified 03/01/08
No objection
Consulted 03/01/08
No objections to the proposal
Object to the proposal – feel that the proposal is
misguided and that there is no overriding reason
for siting the tile on the bridge. It would be
more appropriate to site the tile within some
public building.
Consider that the tile may be destroyed by vandals or destroyed by winter frost.
Denbs Hist Soc:
Consulted 03/01/08
Other representations:
Neighbouring properties notified 03/01/08
Press Notice:
Expired 01/02/2008
Site Notice:
Expired 29/01/08
SPECIAL CONSIDERATIONS
The bridge is a Grade II Listed Structure that was listed as an example of an unaltered
road bridge and the group value of the structure together with the war memorial and
adjacent milestone.
There has been a competition within the local schools for the design of three tiles to
be placed on bridges in the Ceiriog Valley, as part of the Berwyn Festival (Annual
Festival for music, arts and food). The tile is 6ins square and is to be placed on the
bridge together with a memorial plaque giving the occasion and name of the designer.
The size of the proposal will mean that there will be little impact upon the character
and appearance of the bridge. The method of fixing of the plaque and tile are such
that there will be no permanent damage to the structure and the tile could be removed
at a later date.
The location of the bridge has been chosen in order that a wide range of people will be
able to view the bridge and find out about the Berwyn Festival. The organisers of the
Festival will be responsible for maintenance of the plaque and tile should any damage,
be it vandals or weather related occur.
Conclusion: The proposal will have little detrimental impact upon the character and
setting of the Bridge and I therefore recommend accordingly.
RECOMMENDATION A
That the Welsh Assembly Government should be advised that Wrexham County
Borough Council is disposed to grant Listed Building Consent with Article 3 of the
Page No 81
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Planning (Listed Building Conservation Area) Regulations 1990 subject to the
conditions specified below:CONDITION(S)
1.
The works hereby granted consent shall be begun before the expiry of five
years from the date of this consent.
2.
The works granted consent shall only be carried out in strict conformity with
the details shown on the approved drawing(s) and in the application documentation.
3.
Full details of the method of attaching the plaque and tile to the bridge shall be
submitted to and approved in writing by the Local Planning Authority prior to the
commencement of development.
REASON(S)
1.
To comply with Section 18 of the Planning (Listed Building and Conservation
Areas) Act 1990.
2.
To ensure the works reflect the character and appearance of the Listed
Building.
3.
To ensure the method of fixing does not have a detrimental impact on the
listed structure.
RECOMMENDATION B
That the Chief Planning Officer be authorised to issue the appropriate certificate
forthwith if WAG refers the application back to the Council for determination.
_____________________________________________________________________
Page No 82
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0007
LOCATION:
LAND AT RUTHIN ROAD
WREXHAM
DATE RECEIVED:
04/01/2008
COMMUNITY:
Offa
DESCRIPTION:
FORMATION OF VEHICULAR
ACCESS
CASE OFFICER:
SEH
WARD:
Brynyffynnon
APPLICANT(S) NAME:
MR ANDY PEPPER McINERNEY
HOMES HOMES (NW) LTD
AGENT NAME:
McINERNEY HOMES
HOMES (NW) LTD
MR ANDY PEPPER
_____________________________________________________________________
THE SITE
Part of the residential development site, located in the south east corner adjacent to
Lego.
Parking Area
Pedestrian crossing
Access
Screening mound as
required by previous
decisions
PROPOSAL
Formation of temporary vehicular access to sales area in connection with the
residential development of the site (P/2007/1187).
Page No 83
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
P/2004/0517
P/2007/1187
Outline application for residential development Approved
06.09.2004
Reserved matters application for erection of 97 no dwellings and 65
no apartments. Decision pending.
DEVELOPMENT PLAN
Inside settlement limit. UDP Policies GDP1, T8 and PS2 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other Representations:
Site Notice:
Object on the ground that the access is located in a
dangerous location, close to a pedestrian crossing and
the junction with Homestead Lane. Would prefer to see
an access road through the site from the existing access.
Consulted 04.01.08
No objection subject to planning condition securing
adequate visibility for vehicles emerging from the site.
One letter received raising the following points:
7)
Increased traffic problems;
8)
Drainage;
9)
Impact on the oak tree near to the proposed
access.
Expired 30.01.08
SPECIAL CONSIDERATIONS/ISSUES
Background:
The proposed new access will serve the sales area required in
connection with the marketing of the residential development proposed for the site.
The main issues to consider relate to the impact upon highway safety and upon the
visual amenities of the area.
Highways: The site has access to a classified highway subject to a 30 mph speed
limit. Visibility splays of 2.4 x 43 metres in both directions are required for an access
at this location. It is considered that visibility from the proposed temporary access is
adequate, and the required splays will be secured by way of planning condition.
Landscaping: Whilst the proposal is acceptable in terms of scale and location, a
substantial screening mound is required in connection with the residential
development of the site. This mound is an important feature of the overall
development, necessary to ensure that the visual amenities of the area are protected.
This proposal does not make adequate provision for the creation of this mound and
planting.
Amendments to the scheme have been sought to make way for the creation and
planting of the mound in accordance with the overall landscaping objectives for
proposed.
Page No 84
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Other Representations: The drainage issues as raised are in connection with the
residential development and are not relevant to this application. The mature oak tree
located on the site boundary will be unaffected by this proposal.
Conclusion: The proposal is acceptable in terms of highway safety, but would
negatively impact upon the landscaping/screening works proposed for the site.
Should further planting details be received addressing my concerns, the proposal
would be acceptable and would not impact negatively on the visual amenities of the
area. My recommendation therefore is in two parts.
RECOMMENDATION A
Should amended plans be received which adequately address the landscaping
requirements, that temporary permission be granted subject to the following
conditions:
RECOMMENDATION B
Should amended plans not be received, that permission is refused for the following
reason:
1
The development as proposed would have an adverse impact upon the visual
amenities of the area. The proposal fails to make a positive contribution to the
appearance of nearby locality contrary to Wrexham UDP policies GDP1(a) and PS2.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The use hereby permitted shall cease and be abandoned not later than 30 June
2009. All plant, equipment machinery and/or materials forming part of or connected
with that use shall be removed not later than one month after that date.
2.
The proposed screening mound shall be fully implemented in accordance with
the approved plan in the first planting season prior to commencement of development
ie by the 31.03.2008.
3.
Prior to commencement of development the proposed planting scheme for the
screening mound, in connection with condition no 2 shall be carried out in accordance
with the approved details
4.
Visibility at the proposed access onto Ruthin Road shall be 2.4 x 43 metres in
both directions measured to the nearside kerb edge within which there shall be no
obstruction in excess of 1 metre in height.
5.
The proposed access shall serve the sales area only, as depicted on the
approved plan, and shall not act as an access to, or exit from, the surrounding
development site.
REASON(S)
1.
To ensure that visual amenities of the area are not compromised
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
In the interests of highway safety.
5.
In the interests of highway safety.
_____________________________________________________________________
Page No 86
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0015
LOCATION:
LAND ADJOINING SEFTON FIRST
AVENUE LLAY WREXHAM
DATE RECEIVED:
08/01/2008
COMMUNITY:
Llay
DESCRIPTION:
ERECTION OF 2 NO. 2 BEDROOM
SEMI DETACHED DWELLINGS.
CASE OFFICER:
MP
WARD:
Llay
APPLICANT(S) NAME:
MR L WARBURTON
AGENT NAME:
MR L WARBURTON
_____________________________________________________________________
Application site
Sefton
PROPOSAL
As above.
HISTORY
P/2007/0520 Outline application for erection of 4 bedroomed detached dwelling
with double garage. Granted 4.6.2007
DEVELOPMENT PLAN
Within the settlement limit. Policies H2 and GDP1 apply.
CONSULTATIONS
Community Council:
In their view the site is only suitable for one dwelling.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Councillor Broderick:
Councillor M Williams:
Highways:
Public Protection:
Welsh Water:
Other representations:
Agrees with the comments of the Community Council.
Notified 11.1.08
Notified 11.1.08
Recommend measures are put in place to reduce the
impact of works during construction.
Recommend conditions regarding drainage provision.
1 letter received referring to comments made when the
initial outline application was submitted. These
comments were:
- dividing the plot up and building another substantial
house can only detract from the neighbourhood and
place further demands on local amenities;
- the development will reduce sunlight to the garden
and dwelling to the rear;
- the development risks damaging an important tree
adjacent to the site;
The following additional comments were received from
the objector;
- this type of application is happening all over the
country an exploits a loophole in the designation of
land. Gardens are classed brown field sites as
opposed to Greenfield. It was never the
government’s intention to have radically altered
neighbourhoods by increasing housing density
within existing suburbs. The policy was designed to
used brown field sites which are either poorly
utilised or derelict. The government is now looking
at closing this loophole as it is having a detrimental
effect on neighbourhoods;
- dividing the plot up and building further substantial
houses next to it could only detract from the
neighbourhood and place yet further demands on
local amenities;
- A two storey building will heavily impact on
amenity of garden and natural light levels. The rear
garden is already dark because of the proximity of
the existing house, its hedge and the large street
standing in the open space between the properties;
- This situation was accepted but it was not expected
to be made worse by train to cram in more houses
on the land;
- When Wimpey developed Acacia Court they had
planned to build 40 houses but the council raised
objections and the build limited to 38. Surely a
development such as this also detracts from the open
spaces of Acacia Court and wider neighbourhood;
- Another house so close to the trees may damage its
root structure which would surely put it at risk and
be inconsistent with the original objections sited
against Wimpy;
Page No 88
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
-
Site Notice:
In addition any damage to the tree with its close
proximity to the existing houses would put all three
houses at risk.
Expired 14.2.08
SPECIAL CONSIDERATIONS
Background: The principle of development was established when outline permission
was granted for a single dwelling on this site in 2007. The scheme includes the
demolition of the existing (attached ) garage – so the site is bigger than currently
appears on site. . The applicant has subsequently opted to pursue the development of
the site by proposing a pair of 2 bedroom semi-detached properties.
Layout and design: The proposed dwellings taken together are similar in size and
scale to the existing adjacent dwelling (Sefton). They have also been designed to
reflect the character of the existing dwelling.
The dwellings are around 20 metres from the nearest property in Acacia Court but
orientated so that direct overlooking of habitable rooms will not occur. The
orientation of the new dwellings is such that it will not unacceptably compromise the
privacy of the garden area of the property in Acacia Court .
Overall I am satisfied that the siting and design of the dwelling is acceptable, will not
harm the visual amenity of the area or unacceptably impact on the amenity/privacy
enjoyed by nearby occupiers. Due to the size of the site there is little scope for
additional development however, such as extensions or additional outbuildings,
without compromising amenity or the appearance of the locality. It would therefore
be prudent to withdraw permitted development rights so that control can be exercised
over
Parking and access: There is sufficient space to provide each dwelling with 2
parking spaces. These will be accessed off a single shared access adjacent to the
boundary with the remainder of the curtilage of Sefton. The position of the access
will allow vehicles to turn in the dead end access road leading to the site so that they
can travel onto First Avenue in a forward direction.
Trees: There are two prominent trees on the eastern boundary of the site, an ash tree
in the south-east corner and an oak in the north-east corner. I am however satisfied
that the development can take place without adversely impacting upon these trees,
provided protective measures are put in place during construction works.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
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
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Authority. The development shall only be carried out in strict accordance with such
details as are approved.
3.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
4.
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).
5.
From a point on the centre line of the access 2.4 metres back from the edge of
the footway, to points 3.3 metres to both sides of that point measured along the edge
of the carriageway, all obstructions to visibility shall be reduced to and thereafter
maintained at a height not exceeding 0.6 metre above the level of the adjacent
carriageway.
6.
The vehicle parking and turning areas indicated on the approved plans shall be
laid out, surfaced and drained prior to the first use of the building hereby granted and
shall thereafter be retained for those purposes, free of all obstruction.
7.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of a scaffold framework in accordance with Figure 2
of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to
resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres.
Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This
fencing shall be erected at the full extent of the canopy of each tree and shrub.
Nothing shall be stored or placed in any area fenced in accordance with this condition
and the ground levels within those areas shall not be altered, nor shall any excavations
be made without the written permission of the Local Planning Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure 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.
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.
5.
For the safety and convenience of all pedestrians, but in particular, the elderly,
the disabled and wheelchairs, pram, and pushchair users.
6.
In the interests of highway safety.
7.
To protect trees which are of significant amenity value to the area.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
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, ancillary operations and the use of plant and machinery which are audible
at the site boundary, shall be carried out only betwee 07.30 hours to 18.00 hours
Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays and at no time
on Sundays and Bank Holidays.
There shall be no fires on the site, to include the prohibition of the burning of cleared
vegetation.
A sustainable dust management scheme be implemented on site to prevent dust
nuisance from arising.
Your attention is drawn to the following supplementary notes 1, 3, 4 and 5.
_____________________________________________________________________
Page No 91
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0031
LOCATION:
LAND OFF OLD SMELT ROAD
COEDPOETH WREXHAM
DATE RECEIVED:
14/01/2008
COMMUNITY:
Minera
DESCRIPTION:
ERECTION OF 1 NO. FOUR BEDROOM
BUNGALOW AND DETACHED
GARAGE (REVISIONS TO SCHEME
APPROVED UNDER CODE NO.
P/2007/1180.
CASE OFFICER:
MP
WARD:
Minera
APPLICANT(S) NAME:
E ROGERS
AGENT NAME:
G RAYMOND JONES &
ASSOCIATES
MR M DAVIES
_____________________________________________________________________
SITE
It is currently a vacant plot of land located on the south site of Old Smelt Road
approximately 75 m from the junction with High Street.
Planning permission
refused: P/2006/1270
Application site and
approximate position of
proposed dwelling
Cwm Machno. New dwelling
granted permission under
P/2007/0218
PROPOSAL
A full application for the erection of a bungalow with a detached single garage.
Page No 92
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
P/2007/1180 Erection of 1 no. four bedroom bungalow and detached garage.
Granted 5.11.07
P/2007/0870 Erection of 2 no. two bedroom bungalows with integral garage.
Refused 3.9.07
P/2006/0234 Renewal of outline planning permission for erection of dwelling
(previously granted under code no. P/2003/0116). Granted 26.4.06
P/2003/0116 Outline application for the erection of one detached dwelling and
construction of new vehicular and pedestrian access. Granted 7.4.03
DEVELOPMENT PLAN
Within settlement limit. Policies PS2, GDP1 and H2 are applicable.
CONSULTATIONS
Community Council:
Local Member:
Adj Community Council:
Adj Local Members:
Highways:
Public Protection:
Environment Agency:
Welsh Water:
Other representations:
Site Notice:
Notified 16.1.08
Notified 16.1.08
Notified 16.1.08
Notified 16.1.08
Recommend conditions regarding access/parking
provision.
Notified 16.1.08
No comments
Recommend conditions regarding drainage.
2 letter received expressing the following concerns;
- Foul drainage not suitable to take waste from the
new property across garden of adjacent property. It
should be re-routed into the main drain system on
the road instead. The proposed drain is storing up
problems for the future;
- Would be very unhappy if raw sewerage seeps into
garden where children play;
- Request application is accepted only if foul drain is
re-routed to closest point of entry to main foul drain;
- The access to the site and also the footpath from
Nantlais has no public footpath has seen an increase
in traffic, resulting in boundary fence being
damaged on several occasions;
- The development would be unsatisfactory and
undesirable having regard to the substandard nature
of Old Smelt road being used as the main access;
- The bungalow is in the process of being built.
Expired 14.2.08
SPECIAL CONSIDERATIONS
Background: The application seeks to obtain permission for some fairly minor
alterations to the bungalow previously granted permission in November 2007 under
Page No 93
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
code no. P/2007/1180. The changes relate to a modified roof design, revised internal
layout and amended design and location of the detached garage.
It is also worth noting that construction of the bungalow is now at an advanced stage,
however the applicant has failed to comply with condition 09 of the previous
permission. The condition required the submission of an assessment of the site for
contamination and mitigation measures to deal with any identified contamination.
Progress to address this issue is on-going and a condition will be attached to this
permission to reflect the fact that this matter has not yet been full dealt with.
Layout and design: The siting and overall scale of the bungalow is the same as
approved in November and I am satisfied the revisions present no new issues in
relation to residential amenity.
The revised roof design is acceptable as is the siting and design of the garage.
Highways: The principle of development is already established on this site and the
proposals raise no new issues regarding highway safety.
Objections: None of the points raised relate to the changes to the design of the
dwelling.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
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.
3.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
4.
The vehicle parking and turning areas indicated on the approved plans shall be
laid out, surfaced and drained prior to the first use of the building hereby granted and
shall thereafter be retained for those purposes.
5.
The site shall be developed in accordance with the ground and 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.
6.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no gates shall be erected within 5 metres of the
highway boundary.
7.
Prior to the first occupation of the dwelling, the access shall be hard sufaced
using a bound material for a distance of 5 metres behind the higway boundary.
8.
Prior to the first occupation of the dwelling, the vehicular access shall be
provided with visibility splays of 2.0m x 18m in both directions as measured to the
centre line of the adjoining carriageway within which there shall be no obstruction in
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
excess of 1 metre above the level of the adjoining carriageway. The splays shall
thereafter be maintained free of such obstructions.
9.
The dwelling shall not be occupied 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. Where remediation works are required, the
development shall not be occupied/used until a Validation Report to show that the
works have been satisfactorily carried out has been submitted to and approved in
writing by the Local Planning Authority.
10.
There shall be no vehicular means of access to the site other than from Old
Smelt Road.
11.
Foul and surface water discharges shall be drained separately from the site.
12.
No surface water or land drainage run-off shall be allowed to connect (either
directly or indirectly) to the public sewerage system.
13.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995 no windows or other openings (including
rooflights) shall be inserted in the north-west facing roof slope.
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 safety and the free flow of traffic on the adjoining highway.
7.
To ensure that no deleterious material is carried onto the highway, in the
interests of highway safety.
8.
To ensure that adequate visibility is provided at the proposed point of access to
the highway.
9.
In the interests of the amenities of the future occupants of the buildings.
10.
To ensure a satisfactory means of access in the interests of highway safety.
11.
To protect the integrity of the public sewerage system.
12.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
13.
To protect the amenities of the occupiers of nearby properties.
Page No 95
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
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 a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
Public Footpath No.32 runs along Old Smelt Road up to the access to the
development site and must be protected through the duration of any construction
works. The applicant must consult with the WCBC Public Rights of Way Section to
discuss any works that may affect this public footpath (Tel: Pete Bland - 01978
297179).
Public Footpath No.23 runs across the development site. This permission does not
permit the applicant/developer to interfere with of obstruct the course of the Public
Footpath. The applicant must consult with the WCBC Public Rights of Way Section
to discuss any works that may affect this public footpath (Tel: Pete Bland - 01978
297179).
Further advice on compliance with Condition 09 may be obtained by contacting the
Council's Environmental Protection section. Should the investigation identify
contamination issues that may affect receptors other than the site users eg
groundwater, then it is recommended that these issues are also addressed in
consultation with the Public Protection Department prior to works commencing on
site, so as to avoid enforcement under Part II of the Environmental Protection Act,
1990.
All works, ancillary operations and the use of plant and machinery which are audible
at the site boundary shall be carried out only between 08:00 hours to 18:00 hours
Monday to Friday, between 08:00 hours to 14:00 hours on Saturdays, and at no time
of Sundays and Bank Holidays.
There shall be no bonfires on the site, to include the prohibition of the burning of
cleared vegetation.
You should note that the Council has the option to control construction site noise by
means of a Control of Pollution Act 1984, Section 60, Notice, where deemed
necessary.
You should be aware that there may be an ongoing problem with the capacity of the
sewerage system in the Coedpoeth area. Overloading of the system has previously
caused properties on Talwrn Road, Bryn Hyfryd and Green Gates Farm to flood.
_____________________________________________________________________
Page No 96
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0034
LOCATION:
LAND ADJACENT TO BANGOR
ROAD JOHNSTOWN WREXHAM
DATE RECEIVED:
15/01/2008
COMMUNITY:
Ruabon
DESCRIPTION:
CONSTRUCTION OF LAYBY AND
ASSOCIATED WORKS
CASE OFFICER:
LB1
WARD:
Ruabon
APPLICANT(S) NAME:
DWR CYMRU WELSH WATER
AGENT NAME:
EGNIOL CONSULTING
LTD
_____________________________________________________________________
SITE
Bangor Road, Johnstown.
SSSI
Next applic
Proposed
spill pipe
and head
wall
Proposed
layby
This application
PROPOSAL
As above.
HISTORY
Various applications at adjoining Hafod Quarry/Landfill site. None directly relevant
to this proposal.
Application P/2008/0062 –Spill pipe and headwall. (next item)
Page No 97
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Outside settlement limit, GDP1, PS2 apply. Adjoins SAC/ SSSI
CONSULTATIONS
Community Council:
Local Member:
Highways:
CCW
Other representations:
Site Notice:
Holding objection to the proposal. Concerns
that water may flow off landfill site and the
equipment installed will result in potentially
contaminated water entering Aberderfyn Brook.
The Brook is a source of water for farm animals
and wildlife and should be safeguarded.
Unclear of the need for the development
No objections subject to conditions
No objections in principle
none
Expired 13/20/08
SPECIAL CONSIDERATIONS
Background: The application forms part of Welsh Waters’ objectives to upgrade and
improve the sewerage facilities within Johnstown. (see also next application on
agenda). There is an existing CSO (Combined Sewer Overflow) at the site, this is to
be upgraded and a layby constructed. The development is to provide greater
sewerage capacity during flood events and reduce the number of pollution incidents.
The proposal does not have any connection to the adjoining land-fill site.
The modification and upgrading of the sewer equipment is permitted development.
The layby is required by Welsh Water in order to ensure the safety of officers visiting
the equipment.
SSSI & SAC: The site lies close to the SSSI and SAC, however it is considered that
as this site lies across a busy road (Bangor Road) and is isolated from the protected
area then there will be no detrimental impact on the Newt population. CCW have no
objections in principle.
Highways: Given the location of the sewer monitoring equipment adjacent to a busy
road it is considered prudent that a permanent layby is constructed in order to
maintain the free flow of traffic and ensure the safety of those requiring access to the
equipment.
Other considerations: This development, together with the proposed spill pipe (next
application) will facilitate an increased capacity in the sewerage system. This will
reduce the number of incidences of discharge into the brook and flooding events in
the local area, thus improving the local environment.
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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Conclusion: I am satisfied that the proposed layby will not have a detrimental impact
upon highway safety or the nearby brook and I therefore recommend that permission
is granted.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
3.
Prior to the first use of the layby the existing 'Johnstown' sign shall be
relocated to the further satisfaction of the Highway 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.
In the interest of highway safety
NOTE(S) TO APPLICANT
The new layby should be constructed to a standard suitable for adoption by the
Council for future maintenance at the public expense and the developer will need to
enter into an agreement with the Council under Section 38 of the Highways Act 1980
_____________________________________________________________________
Page No 99
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0062
LOCATION:
LAND ADJACENT TO BANGOR
ROAD JOHNSTOWN WREXHAM
DATE RECEIVED:
21/01/2008
COMMUNITY:
Ruabon
DESCRIPTION:
PROVISION OF SPILL PIPE AND
HEAD WALL
CASE OFFICER:
LB1
WARD:
Ruabon
APPLICANT(S) NAME:
DWR CYMRU WELSH WATER
AGENT NAME:
EGNIOL CONSULTING
LTD
_____________________________________________________________________
SITE
See plan on previous report.
PROPOSAL
Provision of spill pipe and head wall – the pipe is buried in a mound 0.5 m above
ground level.
HISTORY
Various applications at adjoining Hafod Quarry/Landfill site. None directly relevant
to this proposal
P/2008/0034 – Construction of layby and associated works . (Previous item)
DEVELOPMENT PLAN
Outside settlement limit, GDP1, PS2 apply. Adjacent to SSSI which was designated
due to presence of Great Crested Newts.
CONSULTATIONS
Community Council:
Local Member:
CCW:
Environment Agency:
Highways:
Public Protection:
Holding objection to the proposal. Concerns
that water may flow off landfill site and the
equipment installed will result in potentially
contaminated water entering Aberderfyn Brook.
The Brook is a source of water for farm animals
and wildlife and should be safeguarded.
Unclear of the reasoning for the development
no objections in principle
No objection but note that the development
should comply with the Agency publication
‘Pollution Prevention Guidance 5’
No objections
No objections
Page No 100
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Other representations:
Site Notice:
None
Expired 13/20/08
SPECIAL CONSIDERATIONS
Background: The provision of the proposed pipeline is permitted development if the
pipe were underground. In this instance the pipe will be above ground level (in a
mound of 0.5m) and therefore permission is required.
This application has been put forward by Welsh Water to reduce the instances of
untreated spillages into the Aberderfyn Brook. There is an existing CSO (Combined
Sewer Overflow) at the site and this is to be modified and upgraded.
The proposal involves excavation of the land, laying of the pipe and then burying the
pipe. This will result in a mound of approximately 0.5m in height along the length of
the pipeline. The head wall will be constructed of pre-cast concrete to ensure no wet
concrete will be used on the site.
SSSI & SAC: The proposed pipe lies adjacent to the SSSI and SAC, which were
designated due to the presence of Great Crested Newts. Given the proximity of the
SSSI it is conceivable that the adjacent field is used as a foraging area for newts,
although it is likely that this area is not an optimal habitat for Newts. It is therefore
considered important to ensure that the habitat is not damaged or newts harmed during
the construction period.
The applicants have submitted a method statement indicating how the works will be
undertaken and what steps will be incorporated in order to ensure that there was no
detrimental impact upon the Newt habitat. The applicants have been in contact with
CCW prior to the submission of the application and it is understood that there have
been no objections raised, any further comments received from CCW will be reported
on the addendum.
Once the works have been completed the resulting landscape will be as at present and
would be acceptable in terms of habitat for Newts, it is however essential to ensure
that Newts are not harmed during the construction phase of the development.
Other considerations: The proposed works are not linked to the landfill site and the
existing CSO is not affected by runoff from that site. There is therefore no reason for
this to impact upon drainage from the landfill.
Conclusion: I am satisfied that the proposed works are necessary to improve the
capacity of the local sewerage network and that there will be minimal impact upon the
adjacent Newt habitat. Providing that there are no adverse comments from CCW I
recommend that permission is granted.
Page No 101
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
3.
Prior to the commencement of development newt proof fencing shall be
erected around the boundary of the site in acordance with details which have
previously been agreed in writing by the Local Planning Authority The fencing shall
be retained intact during the whole of the construction period..
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To protect Great Crested Newts in the Locality.
_____________________________________________________________________
Page No 102
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0042
LOCATION:
SQUIRE YORKE SONTLEY ROAD
WREXHAM
DATE RECEIVED:
16/01/2008
COMMUNITY:
Offa
DESCRIPTION:
NEW SIGNAGE (IN RETROSPECT)
CASE OFFICER:
PF
WARD:
Erddig
APPLICANT(S) NAME:
MRS K TURTON THE SPIRIT GROUP
LTD
AGENT NAME:
ASHLEIGH SIGNS
LIMITED
MISS C BINKS
_____________________________________________________________________
Additional
sign
KEY
Proposed signage
Existing
totem. 3 x
signs
Play barn
Car park
direction sign
PROPOSAL
The application is made in retrospect. The proposal is to retain 8 signs within the
curtilage of the public house. 7 of the 8 signs are replacement signs. The key
alterations include a 1.2m x 1.2m Wacky Warehouse/Coffee Corner sign on the lower
totem. The replacement car park directional sign is the same size as previously
approved and is externally lit. An additional sign has been erected to the far north
west of the site.
Page No 103
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
P/2005/0766
As above
P/2001/1177
23088
As above
As above
23066
As above
Erection of new signs (Partly
in retrospect)
Erection of signs
Display of illuminated signs
Granted
10/08/2005
Granted
Refused
Extension to existing
property and erection of
indoor play facility
Granted
11/03/2002
12/06/1995
(Dismissed
on Appeal
12/12/1995)
09/05/1995
DEVELOPMENT PLAN
Within settlement. Policies GDP1, PS2 and Local Planning Guidance Note 1 –
Advertisements apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other representations:
Site Notice:
Object. The establishment is a local facility situated in
a residential area with no through traffic. There are
currently far too many signs, which are obtrusive in this
residential area.
Notified 17.01.2008
Consulted 17.01.2008
4 neighbouring occupiers notified. 1 letter of objection
received raising the following concerns:

The frontage of The Squire Yorke has too many
signs detrimental to visual amenity.
Expired 10.02.2008
SPECIAL CONSIDERATIONS
Impact of signage: The signage on the building is replacement signage and there are
alterations to the car park sign and the lower totem sign. The replacement signage is
of similar scale to the previous. Given the building is set back into the site I do not
consider that this signage will have a detrimental impact on the visual amenity of the
area.
With regards the signage to front adjacent to the highway, the car park directional sign
is a replacement, the same size as previous and externally illuminated. The bottom
sign on the totem is slightly larger than previously approved and is double sided
attached to the pole. An extra sign to the north has been placed (item 02). I consider
that this sign is unnecessary and its presence has lead to visual clutter and a
detrimental impact upon the street scene. An amended plan has been submitted to
remove this sign (item 02).
Page No 104
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Existing car
park
directional
sign and
totem.
Sign to be
removed
Highways: The position of the car park directional sign is critical in terms of its
impact upon visibility requirements for vehicles turning out of the site on to Sontley
Road. The car park directional sign is mounted on existing posts. I have consulted
Highways and their views will be reported in the addendum.
Illumination: The application documentation states that the illumination of the car
park sign is to utilise the existing strip lamp and the lower totem sign is to utilise the
external lamps at ground level. On this basis I am satisfied that that illumination on
the site will not be increased nor cause detriment to residential amenity.
Conclusion: I consider that the replacement signage does not further impact upon the
character of the area and with the removal of the additional sign (item 02) I
recommend accordingly.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
Any advertisements displayed, and any site used for the display of
advertisements, shall be maintained in a clean and tidy condition to the reasonable
satisfaction of the Local Planning Authority.
2.
Any structure or hoarding erected or used principally for the purpose of
displaying advertisements shall be maintained in a safe condition.
3.
Where an advertisement is required under these Regulations to be removed,
the removal shall be carried out to the reasonable satisfaction of the Local Planning
Authority.
4.
No advertisement is to be displayed without the permission of the owner of the
site or any other person with an interest in the site entitled to grant permission.
5.
No advertisement shall be sited or displayed so as to obscure, or hinder the
ready interpretation of, any road traffic sign, railway signal or aid to navigation by
water or air, or so as otherwise to render hazardous the use of any highway, railway,
waterway or aerodrome (civil or military).
Page No 105
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
6.
The intensity of illumination emitted from the signs the subject of this consent
shall not exceed 250 candelas/sq.m.
7.
No light source to any sign(s) hereby granted consent shall be directly visible
to drivers of motor vehicles using the adjacent highway.
8.
The signs hereby approved shall only be illuminated when the premises are
open for customer use.
9.
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.
10.
The works granted consent shall only be carried out in strict conformity with
the details shown on the approved amended drawing dated 15 February and in the
application documentation.
REASON(S)
1.
To comply with the Town and Country Planning (Control of Advertisements)
Regulations 1992.
2.
To comply with the Town and Country Planning (Control of Advertisements)
Regulations 1992.
3.
To comply with the Town and Country Planning (Control of Advertisements)
Regulations 1992.
4.
To comply with the Town and Country Planning (Control of Advertisements)
Regulations 1992.
5.
To comply with the Town and Country Planning (Control of Advertisements)
Regulations 1992.
6.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
7.
In the interests of highway safety.
8.
To protect the amenities of the occupiers of nearby properties.
9.
To minimise clutter and to avoid excessive display to the detriment of the
visual amenities of the area.
10.
To ensure that the development fully complies with the appropriate policies
and standards.
NOTE(S) TO APPLICANT
The applicant is reminded that the erection of any other signage, including banner
signs, will require a separate application for advertisement consent to the Local
Planning Authority as required by Condition No 9.
_____________________________________________________________________
Page No 106
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0052
LOCATION:
LAND IN FRONT OF NOS. 9 - 11
BODLYN ACREFAIR WREXHAM
DATE RECEIVED:
18/01/2008
COMMUNITY:
Cefn
DESCRIPTION:
CONSTRUCTION OF OFF STREET /
ON STREET PARKING FACILITIES
CASE OFFICER:
PF
WARD:
Plas Madoc
APPLICANT(S) NAME:
WREXHAM COUNTY BOROUGH
COUNCIL
AGENT NAME:
WREXHAM COUNTY
BOROUGH COUNCIL
S STEVENS OPERATIONAL
MANAGER ENGINEERING
_____________________________________________________________________
SITE
Planting
Trees to be
removed
Page No 107
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
PROPOSAL
Alterations to the existing parking area and play area to create extra parking facilities
including the provision of a new turning head and localised widening of the roadway.
15 car parking spaces are proposed two of which are disabled spaces.
HISTORY
None.
DEVELOPMENT PLAN
Within settlement. Policies GDP1 and PS2 apply.
CONSULTATIONS
Community Council:
Local Member:
Other representations:




Site Notice:
Objects on he basis of the removal of the trees.
Objects on the basis that trees, which have been
looked after by local residents, are to be
removed.
19 neighbouring occupiers notified. 2 letters of
objection received raising the following
concerns:
The plan has deviated from the consultation plan shown
to residents.
The shrubbery, plants and flowers have been looked
after by residents for years.
There is already a large car park located adjacent to
Bran.
The existing trees are decorative and
ecological/environmentally important.
Expired 15.02.2008
SPECIAL CONSIDERATIONS
Background: The site at present constitutes an access road to the rear of the
properties. There are no formal parking arrangements and vehicles are parking in the
turning head and on the grass verges. The schemes of improvements were originally
put to residents as part of a consultation process, however, the scheme submitted for
the planning application differed. Following further discussion between the applicant
and residents, further amendments have been submitted. It is the scheme submitted
that must be determined in this instance.
Layout and amenity: The proposal seeks to utilise the existing road layout and
extend the parking area into the play area. This play area is gated and appears to be in
an untidy and unused condition. There are five cherry trees at this site, 3 of which are
to be removed. These trees in an area of dense population such as Plas Madoc do
make a positive contribution to the visual amenity of the area and their removal would
not be desirable. I have suggested amendments which allow most of the trees to be
retained and replacement planting for any lost..
Page No 108
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Conclusion: I understand that residents have been reconsulted by the local Estate
Office and Engineering Services. I am currently awaiting plans to show this
amendment scheme and I will reconsult with the adjoining occupiers.
RECOMMENDATION
That delegated powers be granted to the Chief Planning Officer to determine the
application accordingly when the reconsultation period expires, provided no new
issues arise, subject to the following conditions:RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
3.
The planting scheme hereby approved shall be carried out and completed
during the first planting season following the commencement of building operations.
Such planting shall thereafter be maintained for a minimum period of five years and
any tree or shrubs that dies or is vandalised during the maintenance period shall be
replaced with one of a similar species.
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.
_____________________________________________________________________
Page No 109
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0065
LOCATION:
SITE ADJOINING PENLEY HOSPITAL
PENLEY WREXHAM
DATE RECEIVED:
21/01/2008
COMMUNITY:
Maelor South
DESCRIPTION:
CONSTRUCTION OF COMMUNITY
AND ACTIVITY CENTRE FOR THE
ELDERLY
CASE OFFICER:
KH
WARD:
Overton
APPLICANT(S) NAME:
PENLEY RAINBOW CENTRE
AGENT NAME:
TACP
_____________________________________________________________________
THE SITE
0.27 hectares of vacant land. The site is bounded by newly built residential properties
to the north and east.
New houses
Site
PROPOSAL
Reserved matters application for the construction of Community and Activity Centre
for the elderly. Access to the site is via the existing access which serves the adjoining
hospital.
Page No 110
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
Outline for erection of Community Centre and Activity Centre for the elderly
Permission Granted 08.05.07
DEVELOPMENT PLAN
Within settlement limit, Policy GDP1 of the UDP refers.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Environment Agency:
Other representations:
Site Notice:
Welcome building of a new Community and Activity
Centre for the Elderly and no objection to the exterior.
However, the internal layout is entirely unsuitable for
use of a Community Centre on the following Grounds;
1. None of the rooms could accommodate parties,
lunches, dances etc,
2. Insufficient storage for tables and chairs needed for
functions or activities in the building whilst;
3. Kitchen is poorly located with regards to deliveries,
rubbish, ventilation etc and should have an exterior
wall.
Based on the above comments the application should be
rejected.
Notified
23.01.08
Consulted
23.01.08
No objections
Consulted
23.01.08
None
Expired 29.02.08
SPECIAL CONSIDERATIONS/ISSUES
Use: A couple of rooms may be available for general public use on a more regular
basis whilst opportunities may also exist for the main body of the building for general
community use. The predominant day time use will however be as an activity centre
for the elderly. The Community Council have objected to the internal layout as size
of rooms could preclude general Community use whilst activities and storage areas to
accommodate functions are inadequate. I cannot however influence the internal
design and the extent to which the building can be used for general community
purposes.
Amenity: The proposed building is bounded by residential properties to the north and
east. Separation distances, orientation of windows and proposed additional planting
will ensure no significant loss of privacy or light whilst the design ensures it will not
be overbearing. Restricting the hours the building can be used at night for general
Community use will help ensure it is not to the detriment of nearby residential
occupiers. Members may recall that the Committee agreed to allow a trial one year
period with longer opening hours on Fridays and Saturdays (see condition 6).
Page No 111
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Conclusion: I am satisfied the design will complement positively to the streetscene,
the provision of the building and its use will not significantly impact on residential
amenity whilst the existing access is suitable to cater for the increased movements.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby approved shall be commenced before 08.05.2012
2.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
The vehicle parking and turning areas indicated on the approved plans shall be
laid out, surfaced and drained prior to the first use of the building hereby granted and
shall thereafter be retained for those purposes.
4.
Within 3 months of commencement of development on site, full details of both
hard and soft landscape works for the site shall be submitted to and approved in
writing by the Local Planning Authority. The works shall be implemented in
accordance with a timescale to be approved in conjunction with the scheme of details.
5.
Within six months of the first use of the development, trees and shrubs shall be
planted on the site in accordance with a scheme which has been submitted to and
approved by the Local Planning Authority. Any trees or shrubs removed, dying,
being severely damaged, or becoming seriously diseased within five years of planting
shall be replaced by trees or shrubs of a similar size and species to those originally
required to be planted.
6.
For 12 months from the date of the first occupation, the hours of use of the
development shall be strictly limited to 0700 hours to 2230 hours (Sundays to
Thursdays) and 0700 hours to 2330 hours (Fridays to Saturdays). Thereafter unless
the prior permission has been granted by the Local Planning Authority, the
development shall only be used between the hours of 0700 hours and 2230 hours
7.
Full details of a scheme to manage the general community use of the building
including measures to prevent the potential for noise and disturbance shall be
submitted to and approved in writing by the Local Planning Authority for
consideration before the use commences and once approved shall only be carried out
in full accordance with such details.
8.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
9.
Full details of warning signs within the principal Penley Road A539, on both
sides of the access, warning of the possible presence of elderly pedestrians shall be
submitted to and approved in writing by the Local Planning Authority. No part of the
building shall be occupied until the works as approved have been fully implemented
10.
Full details of finished floor levels in relation to existing adjoining residential
development shall be submitted to and approved in writing by the Local Planning
Authority. Works shall be carried out strictly in accordance with the details approved.
11.
Details of all boundary means of enclosure shall be submitted in writing for
the further approval of the Local Planning Authority. The works as approved shall be
fully implemented in accordance with a timescale to be agreed as part of the
Page No 112
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
submitted details. The works as implemented shall be retained thereafter unless
otherwise agreed in writing with the Local Planning Authority.
REASON(S)
1.
To comply with Section 92 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 provide for the parking and turning of vehicles clear of the highway and to
ensure that reversing by vehicles into or from the highway is rendered unnecessary in
the interest of traffic safety.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
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 the development fully complies with the appropriate policies
and standards.
9.
In the interests of the safety of elderly pedestrians
10.
To protect the amenities of the occupiers of nearby properties.
11.
In the interests of nearby amenity and the general visual amenities of the area.
NOTE(S) TO APPLICANT
Due to the proximity of the development to residential properties construction works,
ancillary works and the use of plant or machinery audible at or beyond the site
boundary shall only be carried out between the hours of 0730 and 1930 (Monday to
Friday) and 0800 to 1400 Saturday and at no time on Sundays or Bank Holidays.
With regards to Condition 09, you should discuss with the Council's Highways
Department, the cost and implementation of the scheme.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
_____________________________________________________________________
Page No 113
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0066
LOCATION:
LAND AT GWALIA ROAD PENTRE
BROUGHTON WREXHAM
DATE RECEIVED:
22/01/2008
COMMUNITY:
Broughton
DESCRIPTION:
ERECTION OF 4 NO. TWO
BEDROOMED FLATS AND
CONSTRUCTION OF NEW
VEHICULAR AND PEDESTRIAN
ACCESS
CASE OFFICER:
SJG
WARD:
Bryn Cefn
AGENT NAME:
BLUE PRINT
APPLICANT(S) NAME:
PRICEHARRIS DEVELOPMENTS
LTD
_____________________________________________________________________
SITE
site
PROPOSAL
As above. The building is sited on the lower level fronting Gwalia Road, with a
parking area for 6 cars on the north side. A shared amenity area is located to the east
fronting dwellings on higher land. Cross-sections and levels have been supplied.
Page No 114
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RELEVANT HISTORY
P/2004/0702 Outline for residential development & access
P/2005/1400 Outline for 3 dwellings
P/2007/0970 4 apartments, parking area and access
Granted 22/7/2004
Granted 8/5/2006
Refused 23/10/2007
DEVELOPMENT PLAN
Within settlement limits. Policies GDP2 H2 T8 EC11 and GDP1 of UDP are relevant,
together with LPGN 16 and 21.
CONSULTATIONS
Broughton C Council:
Local Member:
Highways:
Public Protection:
Airbus Broughton:
Env Agency:
Welsh Water:
Education:
CPAT:
Site Notice:
Other representations:
Concerned that there is insufficient off street parking
included in the proposals
Consulted 23/1/2008
Consulted 23/1/2008
Comments regarding construction works
No objections
Standard advice applies
Recommend conditions
Schools contribution of £15,840 required for both primary
and secondary school places at Pentre Broughton primary
school and Gwersyllt High School.
Recommend condition with regard to the defences of Bryny-Gaer Hillfort
Expired 14/2/2008
Adjoining occupiers notified 24/1/2008
3 objections received on grounds of:
a. No details of amenity area and how it is to be accessed.
There should be no access to this area from Church
View as it is narrow with no pavement.
b. Detrimental impact on privacy and amenity of
adjoining dwellings to east by reason of levels, amenity
area and proximity.
c. Land contains a rampart of a former Iron Age hillfort
d. Additional traffic on narrow road, close to a bend and
car park, used by schoolchildren would be dangerous.
e. Inadequate parking provision will lead to on-street
parking on adjoining roads.
f. Plans do not include cross-sections and do not take
account of rocky outcrop.
g. Concerns over stability of land above site
h. Over-development of a small site
SPECIAL CONSIDERATIONS/ ISSUES
Layout/ separation distances: The depth of the building has been reduced by 1.5
metres, giving greater space for rear gardens and increased separation distances from
Page No 115
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
the dwellings above. The overall footprint is almost identical to the approved scheme
for 3 terraced dwellings, and achieves compliance with separation distances. The
impact on the dwellings to the east is reduced by the at least 2 metre lower floor level
of the proposed dwellings. The amenity space provision is also much improved from
the 2007 scheme.
Loss of trees: The removal of trees was accepted under the 2005 permission, and site
clearance work took place last year.
Highway safety/parking: There are still concerns over the reduced parking
provision (6 spaces instead of the required 8). Provision has been made for a turning
facility. Consideration must be given on the positive side to:
 the good visibility and adequate width of Gwalia road,
 the Council car park opposite,
 the fact that the units are 2 bedroom with no scope for extension
but on the negative side to:
 Gwalia Road carries a high volume of local traffic and serves as a bus route,
 There are no waiting restrictions at present
 There is a bus stop outside the site.
On balance it is considered that a reduced provision is acceptable in this case bearing
in mind the new guidance from the Welsh Assembly Government contained in
TAN18.
Archaeology: An investigation would be required as part of the development
Schools Contributions: As the development is now for 4 dwellings, contributions
are required. Pentre Broughton primary school is over-subscribed, and the approved
developments at Brymbo steelworks mean that Gwersyllt High school will be oversubscribed,
Conclusion: It is considered that the revised scheme addresses the issues raised in
the previous application, and I recommend accordingly.
RECOMMENDATION A
That the Council enters into an obligation under section 106 of the Town and Country
Planning Act 1990, requiring:
a. A contribution towards primary and secondary school provision of £15,840.
b. The Chief Planning Officer be given delegated authority to determine the final
form and content of the obligation.
RECOMMENDATION B
That planning permission be granted on completion of the obligation, subject to the
following conditions:
Page No 116
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
3.
Prior to their use on the development, samples of all external facing 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.
The site shall be developed in accordance with the ground and 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.
5.
This permission shall operate only to allow development to be carried out in
accordance with the approved drawings and the application documentation.
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995, no further development shall take place within the site
(other than the painting of the buildings).
6.
The vehicle parking and turning areas indicated on the approved plans shall be
laid out, surfaced and drained prior to the first use of the building hereby granted and
shall thereafter be retained for those purposes.
7.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. The works shall be
implemented in accordance with a timescale to be approved in conjunction with the
scheme of details.
8.
All hard and soft landscape works shall be carried out in accordance with the
approved details as set out in Condition 7. The works shall be carried out within 3
months of the first use of the development with the exception of soft landscaping
which shall be carried out in the first planting season (November to March) or seeding
season (April to September) following the first use.
9.
All trees, shrubs and hedge plants supplied shall comply with the requirements
of the current BS 3936 Specification for Nursery Stock. All pre-planting site
preparation, planting and post-planting maintenance works shall be carried out in
accordance with the requirement of the current BS 4428 Code of Practice for General
Landscape Operations (excluding hard surfaces). All new tree planting shall be in
accordance with section 13 of BS 5837 Trees in Relation to Construction
Recommendations (2005).
10.
No part of the development shall be occupied until the works for disposal of
foul and surface water drainage have been provided in accordance with the approved
plans.
11.
The proposed access shall have a visibility splay of 2.4m x 56m in the north
direction 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.
Page No 117
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
12.
The proposed access shall have a visibility splay of 2.4m x 33m in the south
direction 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.
13.
The access shall be hard surfaced for a distance of 5m behind the highway
boundary before the development is brought into use.
14.
No development shall take place within the application site, including any
ground disturbance works until the applicant, or their agents or successors in title, has
secured the implementation of a programme or archaeological work in accordance
with a written scheme of investigation which has been submitted to the applicant and
approved in writing by the Local Planning Authority.
15.
Details of boundary treatment and retaining walls shall be submitted to the
Local Planning authority within 1 month of commencement of development and the
development shall only be carried out in strict conformity with such details as are
thereby 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.
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.
6.
To provide for the loading, unloading, parking and turning of vehicles clear of
the highway and to ensure that reversing by vehicles into or from the highway is
rendered unnecessary in the interest of traffic safety.
7.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
8.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
9.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
10.
To ensure satisfactory drainage of the site and to avoid flooding.
11.
For the safety and convenience of all pedestrians, but in particular, the elderly,
the disabled and wheelchairs, pram, and pushchair users.
12.
For the safety and convenience of all pedestrians, but in particular, the elderly,
the disabled and wheelchairs, pram, and pushchair users.
13.
To ensure that no deleterious material is carried onto the highway, in the
interests of highway safety.
14.
The site is considered to be of considerable archaeological interest and it is
important that the opportunity created by the development to expose the history of the
land is not lost.
Page No 118
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
15.
To ensure that the development fully complies with the appropriate policies
and standards.
NOTE(S) TO APPLICANT
You are advised that this grant of planning permission was made following the
completion of an Agreement under Section 106 of the Town and Country Planning
Act. Before undertaking any work under this permission you are advised to obtain
full details of the Agreement and ensure that you are able to comply with its terms.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
The stability of the site shall remain the responsibility of the developer.
You should check carefully that the levels agreed as part of this permission are
complied with. Any divergence from these levels is likely to invalidate your
permission and could result in enforcement action which could require demolition of
the building(s).
When preparing detailed drawings and/or implementing this permission you are
advised to give full consideration to the housing needs of the disabled.
Please note the attached comments from the Environment Agency, Public Protection
and Clwyd-Powys Archaeological Trust.
_____________________________________________________________________
Page No 119
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0083
COMMUNITY:
Acton
WARD:
Borras Park
LOCATION:
2 BIESTON CLOSE WREXHAM
DESCRIPTION:
EXTENSIONS TO BOTH SIDES OF
DWELLING TO PROVIDE TWO ENSUITE BATHROOMS AND SUN
LOUNGE AND STUDY.
APPLICANT(S) NAME:
MR N GRIFFITHS
DATE RECEIVED:
28/01/2008
CASE OFFICER:
PF
AGENT NAME:
MR N GRIFFITHS
_____________________________________________________________________
SITE
Sun room
extension
Site
En-suite
extension
Ffordd Cynan
PROPOSAL
To extend the dwelling on the south eastern and north west elevations. The south
eastern extension will consist of two en-suit bathrooms and will project 2.5 metres
with a rounded hipped roof. The north western extension will provide a sun room and
study, stepped against the boundary with a maximum projection of 3.3 metres.
Page No 120
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
P/2002/0729
As above
Single storey flat roofed
extension
Granted
28/08/2002
DEVELOPMENT PLAN
Within settlement. Policies GDP1, PS2 and LPGN 20- House Extensions applies.
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
Consulted 28.01.2008
Notified 28.01.2008
8 neighbouring occupiers notified. 1 letter of objection
received raising the following concerns:
 Property will overlook the proposed extension on
the side of the dwelling and would look directly into
the extension.
Expired 20.02.2008
SPECIAL CONSIDERATIONS
Design: The position of the dwelling in relation to the boundary has resulted in the
need to step the rear elevation of the north western extension. The roof line is set
slightly lower than the existing dwelling. Given its position to the side/rear I do not
consider that this design is detrimental to the character of the dwelling. The south
eastern en-suite extension features a hipped roof. The projection of this is minimal
and set lower than the existing ridgeline. Again I consider this acceptable.
Amenity: The dwellings most affected by this development are Nos. 3 and 5 Ffordd
Cynan. The north western extension will not reduce any light to these dwellings and
because the ground level of No. 2 Bieston Close is approximately 1.5 metres lower I
do not consider that there will be any issue of overlooking. The plan submitted shows
the side elevation fully glazed. Although this glazing will be seen from the dwellings
on Ffordd Cynan I do not consider that it will be possible to see into or be seen from
this extension. As part of any approval I would condition that the existing panel
boarded boundary fence remains, as this is crucial in terms of maintaining privacy.
Conclusion: I am currently awaiting additional plans to confirm the detail of the rear
elevation and changes to the glazed elevation, upon which it maybe necessary to carry
out a reconsultation of the neighbouring occupiers. I recommend accordingly.
RECOMMENDATION
That delegated powers be granted to the Chief Planning Officer to determine the
application accordingly when the reconsultation period expires, provided no new
issues arise, subject to the following conditions.
P/2008
Page No 121
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
3.
No facing materials shall be used other than materials matching those used on
the existing building.
4.
The existing close boarded boundary fence shall not be removed or reduced in
height to below 1.5 metres (measured from ground level) without the prior written
consent of the Local Planning Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
To protect the amenities of the occupiers of the adjoining dwelling.
NOTE(S) TO APPLICANT
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.
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.
_____________________________________________________________________
Page No 122
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0085
LOCATION:
TAWELFA TALLARN GREEN
MALPAS
DATE RECEIVED:
28/01/2008
COMMUNITY:
Willington and
Worthenbury
DESCRIPTION:
ERECTION OF TWO STOREY
DWELLING WITH DETACHED
GARAGE. CONSTRUCTION OF NEW
VEHICULAR AND PEDESTRIAN
ACCESS AND INSTALLATION OF
SEPTIC TANK.
CASE OFFICER:
LB1
WARD:
Bronington
AGENT NAME:
SBS DESIGN
APPLICANT(S) NAME:
CB HOMES LTD
_____________________________________________________________________
SITE
Settlement limit
Proposed
dwelling and
detached
garage
PROPOSAL
Erection of two storey dwelling with detached garage, construction of new vehicular
and pedestrian access and installation of septic tank.
Page No 123
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
P/2007/1082 – Construction of 1 no. detached dwelling with garage. Withdrawn.
DEVELOPMENT PLAN
Within settlement limit, GDP1, PS2, :PGN 16, 20 & 21 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Welsh Water:
Environment Agency:
Ramblers Association:
Other representations:
Site Notice:
Consulted 29/01/08
Consulted 29/01/08
Consulted 29/01/08
No objection in principle subject to conditions.
No sewers in locality so no comment.
No objection
No objections, footpath is opposite the site and
development will not impact upon it
One letter received expressing the following
concerns:
There are no main drains in the area and the
runoff from the septic tank will create flooding
to the property to the rear. The plot of land
appears to be of insufficient size to
accommodate a septic tank.
The proposed access would be close to the
existing access for Temperance Hall and Pear
Tree Cottage and obstruct visibility.
Expired 22/02/08
SPECIAL CONSIDERATIONS
The site: The plot of land lies on the main road through Tallarn Green within the
settlement limit. The previous application on the site was withdrawn due to concerns
over the siting and impact upon neighbouring properties.
The site is an area of relatively flat land that currently forms part of the garden area
for Tawelfa. As the site lies within the settlement area for Tallarn Green there are no
objections in principle to the development. The proposal is for a two storey property
with detached garage. The plans also indicate the installation of a septic tank for the
sole use of the property and a new vehicular access to the front.
Design and amenity: The design of the property is in keeping with the neighbouring
houses and will not have a detrimental impact on the street scene. The front of the
house will be in line with neighbouring property ‘The Crest’. Although this lies in
front of Tawelfa there will be no adverse impact.
The property has been designed to ensure that there will be no overlooking to
neighbouring properties. The separation distances are satisfactory and the dwelling
passes the BRE tests in relation to neighbouring houses.
Page No 124
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Drainage: Concerns regarding the proposed drainage were raised during the
consultation of the previous application, as the issue had not been properly
considered. The new application indicates that as there are no main sewers in the
locality an independent septic tank is to be installed. The Building Control Section
have advised that there is insufficient land for the proposed scheme and that currently
the proposals in terms of drainage are unacceptable, however it should be possible to
install a drainage system at the site.
The agent has been informed of the concerns and any further comments will be
reported on the addendum. A condition will be placed on the permission to require
drainage proposals to be submitted prior to the commencement of development to
ensure that there will be no detrimental impact on adjoining land.
The neighbouring property has raised concerns regarding the surface water drainage
and whether this will affect adjoining land given the slight slope in land levels. Public
Protection have requested that percolation tests be carried out prior to the installation
of surface water drains.
Highways: There is adequate parking provision at the property to provide a turning
area and space to park 4 cars. The required visibility splays can be achieved without
the loss of a large stretch of hedgerow and I am satisfied that the replanting of the
hedge behind the visibility splay will maintain the current appearance of the land.
The proposed access to adjacent to the existing one for Tawelfa and some 14m from
the lane to Temperance Hall and Pear Tree Cottage. As the hedge fronting the site is
to be relocated behind the existing hedge line the visibility will be improved for those
using the lane.
Conclusion: I am satisfied that the proposed dwelling and garage will not have a
detrimental impact upon the street scene and I recommend accordingly.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
4.
Notwithstanding the applicaion documentation no development shall take
place until a scheme of foul drainage and surface water drainage has been submitted
to and approved by the Local Planning Authority. The approved scheme shall be
complete before the development is occupied
Page No 125
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
5.
No part of the development shall be occupied until the works for disposal of
foul and surface water drainage have been provided in accordance with the approved
plans.
6.
Any garage erected under this permission shall be used only for a purpose
incidental to the use of that dwelling as a single dwelling house provided that such use
shall not preclude the garaging of a private motor car.
7.
Visibility from the proposed access shall be 2.4 x 90m in both directions
measured to the centreline of the adjoining highway in which there shall be no
obstruction in excess of 1.0m in height.
8.
The proposed access shall be surfaced using hard bond materials for the first
5m behind the highway boundary with no gates being erected within 5m of the
highway boundary.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To ensure satisfactory drainage of the site and to avoid flooding.
5.
To ensure proper drainage of the site.
6.
To ensure that the garage is not used in a manner prejudicial to or likely to
cause nuisance or disturbance to the occupiers of nearby properties and to ensure that
facilities for the garaging of a car remain available at this address at all times.
7.
To ensure that adequate visibility is provided at the proposed point of access to
the highway.
8.
To ensure that no deleterious material is carried onto the highway.
NOTE(S) TO APPLICANT
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
_____________________________________________________________________
Page No 126
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0086
LOCATION:
49 ELM GROVE WREXHAM
DATE RECEIVED:
28/01/2008
COMMUNITY:
Acton
DESCRIPTION:
BEDROOM AND EN-SUITE
EXTENSION OVER EXISTING
GARAGE.
CASE OFFICER:
LG
WARD:
Acton
APPLICANT(S) NAME:
MR & MRS E WILLIAMS
AGENT NAME:
MR B SMITH
_____________________________________________________________________
THE SITE
Site
Proposed first floor
extension
PROPOSAL
As above.
HISTORY
No History.
Page No 127
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
DEVELOPMENT PLAN
Within settlement limit. UDP Policy GDP1 is relevant. Local Planning Guidance
Notes No. 16 ‘Parking Standards’, 20 ‘House Extensions’ and 21 ‘Space around
Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Other Representations:
Consulted 29.01.08. Re-consulted 12.02.08
No observations. Re-consulted 12.02.08
Two letters of objection received objecting on the
following grounds:
 The new extension will substantially block light to the
back garden having an effect on amenity use of it and
on the garden itself.
 If this plan goes ahead there will be a blank wall facing
a window at 12 feet away and it will reduce light.
 The structure would mean that the properties become a
terrace instead of semi-detached.
 The noise and dust will cause concern if planning is
given.
The following non-planning objections were also raised:
 The party wall is a single brick structure and no access
to it from my side.
 The garage roof will be damaged if planning is given.
 The value of property will be affected.
Re-notified 12.02.08.
Site Notice:
Expired 19.02.08.
SPECIAL CONSIDERATIONS/ISSUES
Background: The existing dwelling is a semi-detached property with a link-detached
garage. The proposal is to create a further bedroom by having a first floor extension
above the existing ground floor garage. Amended plans have been received to address
concerns regarding design and appearance.
Residential Amenity: The proposed extension is acceptable with regards to daylight
and sunlight and accords with the British Research Establishment 45 degree daylight
test.
The proposed extension will be located around 3.7 metres from the neighbouring
dwellings first floor landing window. This window is not to a habitable room and
Council guidance does not seek to protect the light to this window. Although there
will some reduction light to the landing it is not considered to be significant or
detrimental.
The proposed window on the rear elevation is to an en-suite bathroom and will be
conditioned obscurely glazed to protect the privacy of the neighbouring dwelling.
Page No 128
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Appearance: The amended plans show the extension to be set back from the both the
existing front and rear elevations with a clearly lower ridgeline to the original
dwelling. This allows the extension to appear subsidiary to the main property. The
extension does not create a terracing affect however the set back and lower ridgeline
create a clear visual break between the original property and the extension.
The continuation of the front canopy across the extension and garage maintains the
character and appearance of the existing dwelling. The proposal accords with the
character of the area and would have little impact on the current street scene.
Parking: The number of bedrooms will increase from 3 to 4 so there is no increased
demand for parking.
Conclusion: The proposed extension reflects the scale, design and appearance of the
original property and accords with the character of the area. The proposal would not
result in a detrimental loss of amenity to the surrounding dwellings and I recommend
accordingly.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
The development shall only be carried out in accordance with the amended
plan(s) dated 11 February 2008.
4.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995 any window or opening in the east elevation
shall only be glazed or re-glazed using obscure glass.
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 protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Page No 129
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
The permission hereby granted does not authorise encroachment upon, or interference
with, the adjoining property.
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.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 130
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0087
LOCATION:
UNIT 9 AERIAL ROAD LLAY
INDUSTRIAL ESTATE WREXHAM
DATE RECEIVED:
28/01/2008
COMMUNITY:
Llay
DESCRIPTION:
CHANGE OF USE FROM LIGHT
INDUSTRIAL TO M.O.T. TESTING &
VEHICLE SERVICING.
CASE OFFICER:
MP
WARD:
Llay
APPLICANT(S) NAME:
AUTO SALES CHESHIRE & NORTH
WALES
AGENT NAME:
AUTO SALES CHESHIRE
& NORTH WALES
_____________________________________________________________________
SITE
The application site is one of 9 light industrial units located between Aerial Road and
Pinfold Lane on the Llay Industrial Estate.
Application site
PROPOSAL
To convert the existing light industrial/storage unit (B1/B8 use) to on MOT testing (a
use that falls outside any Use Class) and vehicular servicing (B2) use
Page No 131
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
HISTORY
No recent relevant planning history.
DEVELOPMENT PLAN
Inside settlement limit. Policy GDP1 applies.
CONSULTATIONS
Community Council:
Local Members:
Highways:
Public Protection:
Environment Agency:
Other representations:
Site Notice:
Notified 29.1.08
Notified 29.1.08
No observations.
The development does have the potential to cause noise
nuisance to neighbouring properties. If permission is
granted a condition to control the hours of usage should
be attached. A condition also recommending full details
of all machinery and power tools and noise mitigation
measures are submitted.
Recommend conditions to control drainage from the site
so as to prevent pollution of the water environment.
2 letters received expressing the following concerns:
- use of power tools, grinding etc late at night as the
premises is very close to dwelling. How will this be
regulated;
- families in Acacia Court should not be expected to
cope with excessive noise of garage power tools and
machinery at any time of day or night.
Expired 26.2.08
SPECIAL CONSIDERATIONS
Principle of development: The site forms part of an existing industrial estate so there
is no policy objection in principle to the proposed uses. Given the proximity of the
site to residential properties (the nearest dwelling is some 30m from the site), the
development does need to be considered in light of policy GDP1(f) which seeks to
protect the amenity of the public.
Amenity: The proposed use does have the potential to generate more noise than those
falling within the existing use class, however I do not believe the development will
unacceptably impact upon residential amenity for the following reasons:
i)
ii)
The main entrance to the building faces away from the residential properties
and onto the access road running to it and adjacent units from Aerial Road and
Pinfold Lane. It is therefore likely that any noise associated with the
repair/servicing of motor vehicles will be directed away from the residential
properties;
Both the site and the nearby residential properties are adjacent to the B5102,
which is currently a busy road and one of the main sources of noise in the
Page No 132
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
locality at present, particularly during the day. It is my view the development
will not result in significant additional noise/disturbance;
iii)
The impact of the development can be minimised by imposing restrictions on
the hours the premises can be used for the proposed purpose.
Motor vehicle repairs falls within Use Class B2 (General Industry), therefore if this
permission was granted without restrictions, it would be possible for future users to
operate any general industrial use from the premises. Other general industrial users
could well prove harmful to residential amenity, therefore the use of the premises will
be restricted specifically to that proposed by condition.
Parking: The development is to provide 9 parking spaces, 2 of which will be to
mobility standard. I consider this to be adequate for the size of premises.
RECOMMENDATION
That following the expiry of the consultation period (12 March 2008) and provided no
new issues are raised, the Chief Planning Officer be given delegated powers to grant
the planning permission subject to the following conditions.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Notwithstanding the provisions of the Town and Country Planning (Use
Classes) Order no part of the premises shall be used except for the precise purposes
described in the application plans and documents.
3.
No use of the development shall be made before 08.00 or after 18.00 hours
Monday to Friday, and before 09.00 or after 16.00 hours on Saturday and at no time
on Sunday and Bank Holidays.
4.
No storage shall take place in the open on any part of the site.
5.
No plant or machinery shall be operated on any part of the site other than
within the existing building.
6.
No retailing shall take place from any part of the site.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
The unrestricted use of the premises would prejudice the amenities of the
occupiers of nearby properties.
3.
To protect the amenities of the occupiers of nearby properties.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
To protect the amenities of the occupiers of nearby properties.
6.
To ensure the premises is not used for purposes prejudicial to the amenities of
nearby occupiers or that do not accord with policies of the adopted development plan.
_____________________________________________________________________
Page No 133
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
APPLICATION NO:
P/2008 /0095
LOCATION:
GLYN HEDD LLANARMON ROAD
BWLCHGWYN WREXHAM
DATE RECEIVED:
30/01/2008
COMMUNITY:
Brymbo
DESCRIPTION:
CONSTRUCTION OF NEW
VEHICULAR ACCESS AND
HARDSTANDING
CASE OFFICER:
LB1
WARD:
Minera
AGENT NAME:
GILL MCNAMARA
APPLICANT(S) NAME:
GILL MCNAMARA
_____________________________________________________________________
SITE
The site is about 500 m north of the Moors Inn.
Proposed
access
Existing
access
PROPOSAL
As above.
HISTORY
P/2007/0924 – Two storey extension. Granted 03/09/07
Page No 134
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
P/2007/0794 Construction of new vehicular access to Glyn Hedd and land. Refused
15/08/07
DEVELOPMENT PLAN
Lies outside settlement limit, GDP1, PS2 apply.
CONSULTATIONS
Community Council:



Local Member:
Highways:
Other representations:
Site Notice:
Object to the proposal for the following reason:
The application appears to contravene GDP1(d)
which seeks to ensure safe and convenient
pedestrian and vehicular access to and from the
site.
The site is below the brow of the hill and there is
limited vision of traffic approaching from the
right (when leaving the site).
Vehicles along this stretch of road travel at
excessive speeds, this new access will therefore
be dangerous.
Notified 31/01/08
No objections subject to conditions (see below)
Neighbouring properties notified 31/01/08
Expired 22/01/08
SPECIAL CONSIDERATIONS
Proposal: There was a previous application at the property, however this was further
down the hill and involved a track across the adjacent field. This proposal was
refused on the basis that the visibility was inadequate. The property has since
changed hands and the adjacent field is not in the ownership of the current owners.
The proposed new access is adjacent to the property and does not involve the creation
of a track across the field. There is an existing outbuilding adjacent to the proposed
access and the hardstanding in this area will be widened. The new access will be
approximately 5m wide and the wall to the south of the property will be lowered to a
height of 0.85m.
The existing access is immediately adjacent to the neighbouring property and there is
a wall to the front of this property that is outside of the applicant’s control, which is
approximately 1m high.
Highways: Llanarmon Road is a classified highway on which the national speed limit
applies. As the site lies at the just below the brow of a hill it is possible to achieve the
required visibility to the north, however visibility to the south is impeded by the
contours of the land.
The existing access, immediately adjacent to the neighbouring property therefore
suffers from inadequate visibility splays which is compounded by the high wall and
Page No 135
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
proximity of the neighbouring house. Additionally the access is narrow creating
difficulty for movement of vehicles.
Whilst the proposed access does suffer from inadequate visibility, in particular to the
south, I am of the opinion that, on balance the proposed access would be an
improvement to the current situation. The existing access should be closed once the
new access has been formed and the wall a condition will be in place to ensure that
the maximum visibility is achieved.
Conclusion: The replacement of the existing access with the proposed will be an
improvement to the existing situation and I therefore recommend accordingly.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans unless the prior written approval of the Local Planning Authority has been
obtained.
3.
Upon first use of the new access, the existing vehicular access shall be
permanently closed and abandoned.
4.
The boundary wall fronting the property shall be lowered to height of 0.85
metres prior to the first use of the access and thereafter permanently retained at that
height.
5.
No gates shall be erected within 5m of the highway boundary
6.
The proposed parking area hereby granted permission shall be permanently
retained solely for that purpose
7.
The access shall be a minimum of 4.5m wide and shall be hard bound in a
bituminious material for a minimum distance of 5m behind the highway boundary
8.
The proposed access shall have a visibility splay of 2.4 x 33m in a southerly
direction measured to the nearside edge of the adjoining highway within which there
shall be no obstruction in excess of 1m in height
9.
The proposed access shall have a visibility splay of 2.4 x 25m in a northerly
direction measured to the centre line of the adjoining highway within which there
shall be no obstruction in excess of 1m in height
10.
The width of the hardstanding shall be increased in length by 3m in a
southerly direction from 15m to 18m
11.
No water of any kind shall be permitted to flow from the site on to the
highway or into the highway drainage system.
12.
The centre line of the new access to the site shall be positioned 23m north of
the centre line of the existing access.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
In the interests of Highway Safety
Page No 136
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
4.
To ensure adequate visibility is achieved
5.
In the interests of highway safety
6.
To provide sufficient off-street parking for the property
7.
To ensure that no deletrious material is carried onto the highway
8.
To ensure the formation of a safe and satisfactory highway in the interests of
highway safety
9.
To ensure the formation of a safe and satisfactory highway in the interests of
highway safety
10.
To provide for the parking and turning of vehicles clear of the public highway
11.
In the interests of highway safety
12.
To ensure the formation of a safe and satisfactory highway in the interests of
highway safety
NOTE(S) TO APPLICANT
The applicants attention should be drawn to the following supplementary notes; 1, 3,
4, 5.
_____________________________________________________________________
Page No 137
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
LIST OF DELEGATED DECISIONS ISSUED
COE P/2007/0607
GRANTED
on 07/02/2008
GWE P/2007/1026
GRANTED
on 18/02/2008
GRE P/2007/1166
REFUSED
on 18/02/2008
BRO P/2007/1175
WITHDRAWN
on 05/02/2008
RHO P/2007/1188
GRANTED
on 20/02/2008
COE P/2007/1189
GRANTED
on 11/02/2008
COE P/2007/1215
GRANTED
on 08/02/2008
WRA P/2007/1314
GRANTED
on 01/02/2008
MIN P/2007/1352
GRANTED
on 10/01/2008
RHO P/2007/1361
REFUSED
on 30/01/2008
Land at and in the vicinity of Terfynfa
12 Smelt Road Coedpoeth Wrexham
LL11 3SH
Pendine Medical Centre Summerhill
Road Wrexham LL11 4YE
Outline application for erection of 9 dwellings and
alterations to vehiclular and pedestrian access.
48 Wynnstay Lane Marford Wrexham
LL12 8LG
Erection of detached dwelling.
Amenity Land Cae Merfyn Tanyfron
Wrexham LL11 5SS
Multi use games area with fencing and floodlights
20 Market Street Rhosllanerchrugog
Wrexham LL14 1AF
Erection of fence (in retrospect).
Plas Power Home Farm Buildings
Ruthin Road Wrexham LL11 3BP
Change of use of farm buildings into 8 no dwellings
with associated garage and new access
14 Heol Offa Coedpoeth Wrexham
LL11 3EN
Certificate of lawfulness for existing use as garden
area
27 Little Acton Drive Wrexham
LL12 8DH
Construction of en-suite bedroom in roof space.
City Arms Minera Wrexham LL11
3DU
Erection of store room and re-siting of previously
approved garage.
Legacy Service Station Vinegar Hill
Rhosllanerchrugog Wrexham LL14
1EH
WRR P/2007/1363
GRANTED
on 08/02/2008
WRC P/2007/1374
REFUSED
on 15/02/2008
GRE P/2007/1393
REFUSED
on 28/01/2008
ISY P/2007/1399
GRANTED
on 24/01/2008
WOR P/2007/1402
GRANTED
on 15/02/2008
RHO P/2007/1411
GRANTED
on 13/02/2008
ISY P/2007/1412
GRANTED
on 23/01/2008
The Seven Stars Public House 18
Chester Street Wrexham LL13 8BD
Residential development (18 no. 2 and 2.5 storey
mews style dwellings), construction of new
vehicular and pedestrian access and associated site
works.
Listed Building Consent for removal of felt roof and
pitched parapet wall to form new flat roof
Erection of 64 bedroom dementia care unit.
Tesco Store Holt Road Wrexham
LL13 8HF
Temporary car park extension
Hillside Hoseley Lane Marford
Wrexham LL12 8YE
Alteration and extension to provide dining room,
study and master bedroom suite.
Ridley Wood Farm Isycoed Wrexham
LL13 9US
Broughton House Threapwood Malpas
Cheshire SY14 7AN
Re-location of agricultural building for fodder
storage previously granted under code no.
P/2006/0032.
Single storey extension to enlarge existing kitchen,
form dining area and playroom.
MAN TEG POPLAR AVENUE
RHOSLLANERCHRUGOG
WREXHAM LL14 1AE
BRIDGE ROAD BUSINESS PARK
ASH ROAD SOUTH WREXHAM
INDUSTRIAL ESTATE WREXHAM
LL13 9PS
INTERNAL ALTERATIONS, TWO-STOREY
EXTENSION AND NEW PITCHED ROOF TO
GARAGE
RELAXATION OF CONDITION NO. 8 OF
PLANNING PERMISSION CODE NO.
P/2007/0433 TO REMOVE REQUIREMENT FOR
RIGHT HAND TURNING LANE
Page No 138
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
RHO P/2007/1416
GRANTED
on 31/01/2008
LLA P/2007/1418
GRANTED
on 24/01/2008
CEF P/2007/1420
REFUSED
on 28/01/2008
COE P/2007/1421
GRANTED
on 23/01/2008
LAND AT HALL STREET/JONES
STREET RHOSLLANERCHRUGOG
WREXHAM LL14 1AS
CROWN INN LLAY WREXHAM
LL12 0NT
ERECTION OF 2 NO. TWO BEDROOM FLATS
AND CONSTRUCTION OF NEW VEHICULAR
AND PEDESTRIAN ACCESS
ERECTION OF OUTDOOR SMOKING
SHELTER IN THE FORM OF A PERGOLA
LAND ADJACENT TO AIR
PRODUCTS SPORTS & SOCIAL
CLUB BETHANIA
ROAD/LLANGOLLEN ROAD
ACREFAIR WREXHAM
60 HIGH STREET COEDPOETH
WREXHAM LL11 3SD
ERECTION OF 45 NO. RESIDENTIAL UNITS
WITH NEW ACCESS, LANDSCAPING AND
ANCILLARY DEVELOPMENT.
MIN P/2007/1425
REFUSED
on 25/01/2008
CEI P/2007/1430
GRANTED
on 28/01/2008
BRY P/2007/1432
GRANTED
on 25/01/2008
WRA P/2007/1433
GRANTED
on 25/01/2008
WRC P/2007/1434
GRANTED
on 24/01/2008
WRC P/2007/1435
GRANTED
on 28/01/2008
RUA P/2007/1436
REFUSED
on 04/02/2008
WRR P/2007/1437
GRANTED
on 28/01/2008
THE CITY ARMS MINERA
WREXHAM LL11 3DU
BRN P/2007/1438
GRANTED
on 06/02/2008
LAND AT PEN Y BRYN VIEW
HIGHER WYCH MALPAS
CHESHIRE SY14 7JU
ROS P/2007/1442
GRANTED
on 01/02/2008
BRN P/2007/1448
GRANTED
on 24/01/2008
COE P/2007/1449
GRANTED
on 13/02/2008
ESC P/2007/1450
GRANTED
on 24/01/2008
5 BROADOAKS ROSSETT
WREXHAM LL12 0FA
BRYNAFON NANT Y GLOG
LLANARMON D C LLANGOLLEN
LL20 7LF
FORMER COMMUNITY CENTRE
AEL Y BRYN BRYMBO
WREXHAM LL11 5DB
18 DENBIGH CLOSE BORRAS
WREXHAM LL12 7TW
15 FENWICK DRIVE WREXHAM
LL13 9BY
CONTINUED PARKING AND OPERATION OF
1 NO. PRIVATE HIRE VEHICLE (PREVIOUSLY
GRANTED UNDER CODE NO. P/2006/1287) ON
A PERMANENT BASIS.
CERTIFICATE OF LAWFULNESS FOR
EXISTING USE OF AGRICULTURAL LAND AS
DOMESTIC GARDEN.
ERECTION OF WOODEN SHED (IN
RETROSPECT)
OUTLINE PLANNING PERMISSION FOR
DEMOLITION OF EXISTING BUILDING AND
RESIDENTIAL DEVELOPMENT.
PARKING AND OPERATION OF 1 NO.
PRIVATE HIRE VEHICLE FOR AIRPORT
TRANSFERS AND SCHOOL TRANSPORT.
EXTENSION TO DWELLING TO FORM
ADDITIONAL BEDROOM AND EN-SUITE.
OPPOSITE NUMBERS 79-101
DEVA WAY WREXHAM LL13 9HB
ON STREET PARKING.
THE GREAT HALL WYNNSTAY
HALL ESTATE RUABON
WREXHAM LL14 6LA
TY MYNYDD NEW ROAD
WREXHAM LL11 2HD
CHANGE OF USE FROM C3 (DWELLING
HOUSE) TO C1/C3 JOINT USE
(DWELLING/GUEST HOUSE).
OUTLINE PLANNING APPLICATION FOR
DEMOLITION OF EXISTING BUILDINGS AND
RESIDENTIAL DEVELOPMENT FOR 2 NO.
DWELLINGS.
CHANGE OF USE FROM AGRICULTURAL TO
GRAZING OF HORSES. NEW STABLE FOR
WINTER STORAGE FOR HORSES AND
STORAGE FOR FOOD.
SIDE AND REAR SINGLE STOREY
EXTENSION TO DWELLING.
FAIRVIEW 9 BRONINGTON PARK
BRONINGTON WHITCHURCH
SY13 3EP
34 BRYN DRIVE COEDPOETH
WREXHAM LL11 3LJ
REAR CONSERVATORY
LAND ON SPRING ROAD
RHOSTYLLEN WREXHAM LL14
4DY
ERECTION OF DETACHED BUNGALOW AND
GARAGE AND CONSTRUCTION OF NEW
VEHICULAR AND PEDESTRIAN ACCESS.
TWO STOREY EXTENSION
Page No 139
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
GWE P/2007/1451
GRANTED
on 30/01/2008
BRO P/2007/1454
GRANTED
on 28/01/2008
GWE P/2007/1461
GRANTED
on 30/01/2008
ESC P/2007/1463
GRANTED
on 25/01/2008
HOL P/2007/1467
WITHDRAWN
on 31/01/2008
MAR P/2007/1468
REFUSED
on 24/01/2008
WRC P/2007/1469
GRANTED
on 22/01/2008
GRE P/2007/1470
GRANTED
on 23/01/2008
CEF P/2007/1471
REFUSED
on 30/01/2008
BRO P/2007/1472
GRANTED
on 23/01/2008
BRN P/2007/1473
GRANTED
on 14/02/2008
WRO P/2007/1476
GRANTED
on 08/02/2008
WRR P/2007/1479
GRANTED
on 28/01/2008
MAE P/2007/1480
GRANTED
on 08/02/2008
RHO P/2007/1481
GRANTED
on 11/02/2008
BRY P/2007/1482
WITHDRAWN
on 13/02/2008
WRO P/2007/1483
GRANTED
on 08/02/2008
39 WESTBURY DRIVE PANDY
WREXHAM LL12 8PZ
SINGLE STOREY EXTENSION TO KITCHEN
VACANT LAND 14 CEFN ROAD
LODGE WREXHAM LL11 5NP
RENEWAL OF OUTLINE APPLICATION FOR
ERECTION OF DWELLING (PREVIOUSLY
GRANTED UNDER CODE NO. P/2004/1597)
EXTENSION TO EXISTING BUILDING FOR
STORAGE USE (B8)
A A BUTLER & CO. (WREXHAM)
LTD RHOSDDU INDUSTRIAL
ESTATE RHOSDDU WREXHAM
LL11 4YL
CROESFOEL ROUNDABOUT
RHOSTYLLEN WREXHAM LL14
4EJ
HUGMORE HOUSE FARM
HUGMORE LANE LLANYPWLL
WREXHAM LL13 9YE
LAND ADJOINING 1 CHURCH
VIEW STATION ROAD
MARCHWIEL WREXHAM LL13
0RT
GRASS VERGE OPPOSITE 67-71
DEVA WAY WREXHAM LL13
9EU
5 BODWYN CRESCENT
GRESFORD WREXHAM LL12 8NQ
PLOT 5 BROWNS LANE OFF CAE
COCH LANE CEFN MAWR
WREXHAM LL14 3PS
LAND ADJOINING HAREMIA
HILL STREET PENTRE
BROUGHTON WREXHAM LL11
6DA
RUSCOE COTTAGE THE
CHEQUER BRONINGTON
WHITCHURCH WREXHAM SY13
2JJ
ST JOSEPH'S CATHOLIC AND
ANGLICAN HIGH SCHOOL
SONTLEY ROAD WREXHAM
LL13 7EN
27 LORD STREET WREXHAM
LL11 1LS
SMALL FARM TARTS HILL
HANMER WHITCHURCH SY13
3DR
CO-OP FOOD STORE MARKET
STREET RHOSLLANERCHRUGOG
WREXHAM LL14 1AF
BRYN Y FFYNNON HOUSE BRYN
Y FFYNNON ROAD BRYMBO
WREXHAM LL11 5DB
FORMER NIGHTCLUB ABBOT
STREET WREXHAM LL11 1TA
DISPLAY OF AVERTISEMENT SPONSORSHOP
SIGN
CONSTRUCTION OF FISHING POOL WITH
ASSOCIATED LANDSCAPING
ERECTION OF 1 NO. TWO STOREY
DETACHED DWELLING
ON STREET PARKING
PORCH EXTENSION
OUTLINE APPLICATION FOR THE ERECTION
OF ONE DWELLING
RELAXATION OF CONDITION No. 5 OF
PLANNING PERMISSION CODE No.
P/2005/1236 TO ALLOW RETENTION OF
BUILDING AT EXISTING HEIGHT
ERECTION OF A TWO-STOREY REAR
EXTENSION SINGLE STOREY UTILITY
ROOM/WC ERECTION OF GARAGE AND
CHANGE OF USE OF AGRICULTURAL LAND
TO DOMESTIC GARDEN
RETENTION OF DOUBLE MOBILE
CLASSROOM UNIT (PREVIOUSLY GRANTED
UNDER CODE No. P/2005/0857)
INSTALLATION OF SATELLITE DISH
RENEWAL OF PERMISSION FOR
CONVERSION OF OUTBUILDINGS TO
SMITHY (PREVIOUSLY GRANTED UNDER
CODE NO. P/2006/0402)
DISPLAY OF ILLUMINATED SIGNS
SUB-DIVISION OF EXISTING HOUSE INTO 3
APARTMENTS WITH SINGLE STOREY
EXTENSION.
CONVERSION OF EXISTING BASEMENT TO
PUBLIC BAR AND RELOCATION OF
BASEMENT KITCHEN.
Page No 140
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
CHI P/2007/1484
GRANTED
on 08/02/2008
CO-OPERATIVE STORE
HOLYHEAD ROAD CHIRK
WREXHAM LL14 5NA
WRR P/2007/1488
GRANTED
on 08/02/2008
WRR P/2008/0002
GRANTED
on 21/02/2008
GRE P/2008/0004
GRANTED
on 08/02/2008
GRE P/2008/0005
GRANTED
on 08/02/2008
MIN P/2008/0006
REFUSED
on 18/02/2008
HOL P/2008/0009
GRANTED
on 13/02/2008
BRN P/2008/0010
GRANTED
on 08/02/2008
GWE P/2008/0013
GRANTED
on 11/02/2008
59 HAYTOR ROAD WREXHAM
LL11 2PU
CHI P/2008/0014
REFUSED
on 12/02/2008
RUA P/2008/0016
GRANTED
on 11/02/2008
LAND TO THE REAR OF 1
MYDDLETON TERRACE CHIRK
WREXHAM LL14 5PS
ROSE COTTAGE NEWELL DRIVE
RUABON WREXHAM LL14 6PT
WRR P/2008/0018
WITHDRAWN
on 30/01/2008
WREXHAM STATION MOLD
ROAD WREXHAM LL11 2AD
RUA P/2008/0023
GRANTED
on 18/02/2008
WRO P/2008/0024
GRANTED
on 12/02/2008
CHI P/2008/0026
GRANTED
on 18/02/2008
HOL P/2008/0028
GRANTED
on 18/02/2008
MAE P/2008/0029
GRANTED
on 18/02/2008
GLEN OFFA PEN Y GARDDEN
RUABON WREXHAM LL14 6RE
NORTH EAST WALES INSTITUTE
PLAS COCH MOLD ROAD
WREXHAM LL11 2AW
JUNCTION OF PANT LANE &
CHESTER ROAD MARFORD
WREXHAM LL12 8SE
FRONT OF POST OFFICE CHESTER
ROAD GRESFORD WREXHAM
LL12 8NB
FRON ALED WERN BERSHAM
WREXHAM LL14 4LU
4 TURNBERRY AVENUE
WREXHAM LL13 9GG
BAY TREE FARM MILL ROAD
BRONINGTON WHITCHURCH
SY13 3HJ
5 WHEAT CLOSE GWERSYLLT
WREXHAM LL11 4UX
EXTENSION AND ALTERATIONS TO
GROCERY STORE INCLUDING PROVISION
OF COMBINED CONDENSER HOUSING AND
RE-POSITIONING OF ATM MACHINE.
SINGLE STOREY EXTENSION TO REAR
NEW DISABLED RAMP AND EXTERNAL
DOOR TO QUADRANGLE
ERECTION OF COMMUNITY INFORMATION
BOARD
ERECTION OF COMMUNITY INFORMATION
BOARD
REMOVAL OF AGRICULTURAL OCCUPANCY
RESTRICTION IMPOSED UNDER CODE NO
ESA/6/9166 DATED 11TH AUGUST 1982
KITCHEN EXTENSION AND
CONSERVATORY.
TWO STOREY REAR EXTENSION AND
SINGLE STOREY FRONT EXTENSION TO
EXISTING DWELLING
ERECTION OF TWO STOREY EXTENSION
(RENEWAL OF PLANNING PERMISSION
CODE NO. P/2002/1237 GRANTED 9 JANUARY
2003).
OUTLINE APPLICATION FOR ERECTION OF
DETACHED TWO BEDROOM DWELLING.
2 NO. EXTRA VELUX ROOFLIGHTS TO REAR
FIRST FLOOR BEDROOM. LOWERING OF
HEIGHT BY 1 METRE (AMENDMENTS TO
PREVIOUSLY APPROVED PLANNING
PERMISSION CODE NO. P/2006/0603)
ERECTION OF 15 METRE SLIM LINE LATTICE
TOWER SUPPORTING 6 NO. ANTENNAS AND
SINGLE 600MM DISH ANTENNA WITH
SINGLE EQUIPMENT CABINET AND
ASSOCIATED WORKS.
FELLING OF TREE (WMBC NO. 13)
16 EGLWYS TEG WREXHAM
LL11 3BZ
ERECTION OF GARDEN SHED (IN
RETROSPECT).
16 RICHMOND GARDENS CHIRK
WREXHAM LL14 5BF
TWO STOREY GARAGE/BEDROOM
EXTENSION
3 VICARAGE COURT HOLT
WREXHAM LL13 9AL
FIRST FLOOR BEDROOM EXTENSIONS
PENLEY VILLAGE HALL
VICARAGE LANE PENLEY
WREXHAM LL13 0NH
OUTLINE APPLICATION FOR DEMOLITION
OF EXISTING VILLAGE HALL AND
ERECTION OF SINGLE DWELLING.
Page No 141
REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008
LLA P/2008/0030
GRANTED
on 18/02/2008
BRO P/2008/0037
GRANTED
on 21/02/2008
HOL P/2008/0040
GRANTED
on 21/02/2008
BRO P/2008/0049
GRANTED
on 22/02/2008
LLAY ROYAL BRITISH LEGION
WATS DYKE LLAY WREXHAM
LL12 0RL
15 RHODFA TEGID NEW
BROUGHTON WREXHAM LL11
6QA
5 MILLFIELDS HOLT WREXHAM
LL13 9WJ
ERECTION OF POST MOUNTED SIGN.
FERNDALE GARDEN CENTRE
BERSE ROAD CAEGO WREXHAM
LL11 6TP
COE P/2008/0051
GRANTED
on 18/02/2008
ADWY GRANGE TANLLAN LANE
COEDPOETH WREXHAM LL11
3EL
RHO P/2008/0054
GRANTED
on 18/02/2008
GLY P/2008/0056
GRANTED
on 22/02/2008
RUA P/2008/0080
GRANTED
on 22/02/2008
MAR P/2008/0094
REFUSED
on 22/02/2008
CROSS KEYS AUSTRALIA
STREET RHOS WREXHAM LL14
1ED
TAL Y GARTH UCHA GLYN
CEIRIOG LLANGOLLEN LL20 7AB
RENEWAL OF TEMPORARY PLANNING
PERMISSION FOR STORAGE OF 16 NO.
CARAVANS (PREVIOUSLY GRANTED UNDER
PLANNING PERMISSION CODE NO.
P/2002/0706).
DEMOLITION OF EXISTING UTILITY ROOM,
SINGLE STOREY EXTENSION TO FORM
KITCHEN EXTENSION, UTILITY ROOM AND
ENTRANCE PORCH.
DEMOLITION OF EXISTING PUBLIC HOUSE
AND ERECTION OF 6 NO. 1 BEDROOM
RESIDENTIAL FLATS.
ERECTION OF TELESCOPIC POOL
ENCLOSURE.
18 VICARAGE FIELDS RUABON
WREXHAM LL14 6LB
SINGLE STOREY AND TWO STOREY SIDE
AND REAR EXTENSION.
SMITHY COTTAGE SONTLEY
ROAD SONTLEY WREXHAM LL13
0YW
TWO STOREY EXTENSION
FIRST FLOOR BEDROOM/EN-SUITE
EXTENSION OVER EXISTING
GARAGE/UTILITY ROOM.
SINGLE STOREY UPVC EXTENSION TO REAR
ELEVATON