OFFICERS REPORT - DELEGATED
Ref No:
053275
Case Officer:
Proposal:
Outline application for the erection of 1No. dwelling
Location:
Land rear of Maes y Goron, Lixwm, Flintshire, CH8 8LX
Applicant:
Leason Homes
Date Valid: 9 March 2015
Mr A P Walker
Expiry Date: 4 May 2015
Consultation & Responses
Local Member: Councillor J E Falshaw – no comments received
Yeceifiog Community Council: Objects to the application as the location is outside of
the existing settlement boundary.
Public Protection: no adverse comments
Highways (DC): No comments received
Highways (PROW): Public Footpath 111 abuts the site but appears unaffected by
the development. The path must be protected and free from interference from the
construction.
Dwr Cymru/Welsh Water: no objection subject to the folliowing conditions:
1.Foul water and surface water discharges shall be drained separately from the site.
Reason: To protect the integrity of the public sewerage system.
2.No surface water shall be allowed to connect, either directly or indirectly, to the
public sewerage system unless otherwise approved in writing by the Local Planning
Authority.
Reason: 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.
3.Land drainage run-off shall not be permitted to discharge, either directly or
indirectly, into the public sewerage system.
Reason: To prevent hydraulic overload of the public sewerage system and pollution
of the environment.
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4.The proposed development site is crossed by a public sewer with the approximate
position being marked on the attached Statutory Public Sewer Record. Under the
Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its
apparatus at all times. No part of the building will be permitted within 3 metres either
side of the centreline of the public sewer.
Reason: To protect the integrity of the public sewer and avoid damage thereto.
Neighbours: Eight representations have been received objecting to the proposal on
the following grounds:
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Overlooking of neighbouring properties
Overbearing on neighbouring properties
The application site should have been landscaped open space
Dwelling would be cramped
There is a sewer easement on the land
Relevant History & Policies:
Flare Ref: 038422
Applicant: Leason Homes Limited
Proposal: Demolition of existing dwelling, erection of 5 No. dwellings and construction of
associated highway works
Location: Land at Mansfield, Lixwm, Holywell, Flintshire, CH8 8NQ
Decision: Refused
Decision Date: 8 March 2005
Flare Ref: 039374
Applicant: Leason Homes Limited
Proposal: Erection of 5 no. detached dwellings together with associated highway works and
demolition of existing dwelling
Location: Mansfield, Lixwm, Holywell, Flintshire, CH8 8NQ
Decision: Refused
Decision Date: 7 November 2005
Flare Ref: 040231
Applicant: Leason Homes Limited
Proposal: Erection of 5 no. new dwellings and 1 no. detached garage
Location: Land at Mansfield, Lixwm, Holywell, CH8 8NQ
Decision: Approved
Decision Date: 31 January 2006
Flare Ref: 041741
Applicant: Leason Homes Limited
Proposal: Demolition of dwelling known as 'Mansfield' and erection of 25 No. dwelling units
and alteration of existing access
Location: Land at Mansfield, Lixwm, Holywell, CH8 8NQ
Decision: Approved after completing Legal Agreement
Decision Date: 17 December 2007
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Flare Ref: 041822
Applicant: Leason Homes Limited
Proposal: Amendment to formation of access road to serve development approved under
ref:040231
Location: Land at Mansfield, Lixwm, Holywell, CH8 8NQ
Decision: Approved
Decision Date: 23 October 2006
Flare Ref: 043982
Applicant: Mr G Brown,Mr Chatfield & Mr P Grudger
Proposal: Erection of 3No. dwellings and 1No. detached garage
Location: Land at Mansfield, Lixwm, Holywell, CH8 8NQ
Decision: Approved
Decision Date: 14 January 2008
Flare Ref: 044231
Applicant: Leason Homes Limited
Proposal: Erection of a detached dwelling
Location: Mansfield, Lixwm, Holywell, CH8 8NQ
Decision: Approved
Decision Date: 15 April 2008
Flare Ref: 045958
Applicant: K&C Bevan Plant Hire
Proposal: Erection of 2no. detached dwellings
Location: Mansfield - Plots 1 & 2, Maes y Goron, Lixwm
Decision: Approved
Decision Date: 23 March 2009
Flare Ref: 047189
Applicant: Mr K Bevan
Proposal: Partly in retrospect - erection of 2no. detached 5/6 bedroom dwellings with 1no.
detached garage
Location: Land at Mansfield, Lixwm, Holywell, CH8 8NQ
Decision: Approved
Decision Date: 20 April 2010
Flintshire Unitary Development Plan
GEN1 – General Requirements for Development
GEN3 – Development in the Open Countryside
D2 - Design
AC13 – Access and Traffic Impact
HSG4 – New Dwellings Outside Settlement Boundaries
The proposal would comply with the above policies.
Planning Appraisal:
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The application site is located in the open countryside, adjacent to the settlement
boundary of Lixwm, as defined in the Flintshire Unitary Development Plan.
The existing site is currently overgrown land surrounded by built development on all
sides, most notably a rural exceptions affordable homes site to the north/north west.
The application is in outline form with all matters reserved. It is considered that
access will be off Maes Y Goron. There is no indication of the proposal being applied
for on the basis that the dwelling meets an identifiable local need.
The application site lies outside of the settlement boundary of Lixwm in the adopted
UDP. Both UDP Policy HSG11 and PPW specify that sites on the edge of settlement
boundaries may come forward as rural exceptions schemes and these are strictly
controlled. The proposal is not for such a scheme. The adjacent housing
development, Maes Y Goron, was granted permission on such a basis. The
applicant asserts that this development should no longer be considered as open
countryside; however, there is no policy context to suggest that once built, rural
exception schemes such as this should then be encompassed with the adjacent
settlement boundary.
Notwithstanding the above, regardless of whether the adjacent development should
be considered within the settlement boundary or not, given that it is existing built
form, it is difficult to identify what material harm the development of the proposed
site would have on the open countryside.
Although the application is in outline form, and indicative plan suggest where the
proposed dwelling could be sited. The site is crossed by a public sewer with a 3m
easement either side, which restricts the positioning of any such buildings on the
site. Furthermore, the site backs onto the rear gardens of a number of properties on
Maes Y Goron, both to the north and west.
The local vernacular is composed of predominantly two storey dwellings. The
application is in outline form; however, the design and access statement indicates
that the height of the dwelling will be 8m min to 10m max. Given the fact that the
neighbouring properties to the site are all two storey, if in principle the dwelling was
acceptable it would need to be two storey. However, if the dwelling was to be two
storey it would result in an unacceptable level of overlooking of the private amenity
space of the neighbouring residential properties, most notably the dwellings abutting
the north and western boundaries of the site. Furthermore, the siting of the dwelling
behind the on Maes Y Goron will result in a form of backland development that is out
of character with the area.
The applicant contends that the site benefits from a residential use because the site
was included within the application site for the planning permission for Maes Y
Goron (LPA ref: 041741). However, the application was for a specific number of
dwellings on specified plots. The land in question was in fact identified as a
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landscaped area on the approved details, and although it has no bearing on the
determination of this application, the landscaping of this site does not appear to have
been carried out in accordance with the approved scheme.
Given the above, the application is recommended for refusal on the grounds that it is
outside of the settlement boundary; the dwelling would likely have an unacceptably
harm the amenities enjoyed by the occupants of the neighbouring dwellings; and,
this form of backland development would have a detrimental impact on the character
of the area.
Recommendation Code: / REFUSE
Reasons:
The proposed dwelling would be located in the open countryside, outside any
recognised settlement boundary within the Flintshire Unitary Development, whereby
there is a presumption against new dwellings unless they are essential to house a
farm or forestry worker. The proposal will result in non-essential development in the
open countryside, contrary to policies GEN1, GEN3 and HSG4 of the Flintshire
Unitary Development Plan.
The proposed dwelling would result in adverse overlooking of the private amenities
enjoyed by the occupants of the neighbouring dwellings, contrary to policies GEN1
and D2 of the Flintshire Unitary Development Plan.
The proposed dwelling would result in a form of backland development that would
adversely harm the character of the area, contrary to policy GEN1 and D2 of the
Flintshire Unitary Development Plan.
In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
Date of Recommendation: 20.04.2015
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