Page No 1 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Community Code No Applicant Recommendation Page Nos ROS P/ 2007/0773 BASC GRANT 3-8 HOL P/ 2008/0041 C/O D & M PLANNING PARTNERSHIP MR & MRS B PIGGOTT GRANT 9-14 HOL P/ 2008/0107 RIDGEWAY LAND AND PROPERTY DEVELOPMENTS LTD GRANT 15-20 HOL P/ 2008/0108 TAYLOR CONSTRUCTION AND DEVELOPMENT LTD GRANT 21-26 LLR P/ 2008/0109 MISS S BULL REFUSE 27-29 WRA P/ 2008/0111 MR R BYROM GRANT 30-33 MAE P/ 2008/0116 MR PAUL WILLS GRANT 34-38 GRE P/ 2008/0124 NUNNDALE LTD REFUSE 39-41 LLR P/ 2008/0137 JUDITH DODD REFUSE 42-44 WOR P/ 2008/0138 D & KE ELLIS GRANT 45-47 LLR P/ 2008/0139 MR ALAN GORING REF/GR 48-51 LLR P/ 2008/0140 MR & MRS TAYLOR REF/GR 52-55 BAN P/ 2008/0147 MRS JONES REFUSE 56-59 MAE P/ 2008/0148 JR & PA HAMBLETON GRANT 60-63 RHO P/ 2008/0149 MORGAN ELECTRO CERAMICS GRANT 64-67 GRE P/ 2008/0168 MRS GM CRAWFORD GRANT 68-70 GRE P/ 2008/0169 ROFFT DEVELOPMENTS (2000) LTD GRANT 71-76 CHI P/ 2008/0175 P WILLIAMS REFUSE 77-79 GRE P/ 2008/0176 MR & MRS B BELLAMY GRANT 80-86 CEF P/ 2008/0192 GARRY & JO-ANN EVANS GRANT 87-91 CEF P/ 2008/0197 MR M BOWEN GRANT 92-93 Page No 2 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 WRA P/ 2008/0200 MITCHELLS & BUTLERS RETAIL LTD MR N POLLARD GRANT 94-97 BRO P/ 2008/0202 GORDON MYTTON DEVELOPMENTS LTD MR GORDON MYTTON GRANT 98-100 WRC P/ 2008/0203 MR S WILLIAMS GRANT 101-106 WRO P/ 2008/0214 PRIMESIGHT LTD MR MATT SWINDLES GRANT 107-109 WRR P/ 2008/0237 VODAFONE LTD GRANT 110-113 Total Number of Applications Included in Report: 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 – 7 April 2008 APPLICATION NO: P/2007 /0773 LOCATION: BASC MARFORD MILL ROSSETT WREXHAM DATE RECEIVED: 20/06/2007 COMMUNITY: Rossett DESCRIPTION: TWO STOREY EXTENSION FOR OFFICE USE VIA SINGLE STOREY LINK CASE OFFICER: KH WARD: Rossett AGENT NAME: Eurythmic Design Rhona Rathbone APPLICANT(S) NAME: BASC _____________________________________________________________________ P/2007 /0773 THE SITE Existing offices, located off the B5102 and approximately 100m to the south of Rossett Village. Extension Existing access PROPOSAL As above. Page No 4 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 DEVELOPMENT PLAN Outside settlement and located in a Green Barrier, Special Landscape Area and a floodplain. Policies GDP1, EC1, EC5 and EC12 refer. CONSULTATIONS Community Council: Local Member: Public Protection: No objections Notified 25.06.07 Condition required regarding construction works and concern that as site is within the flood plain it will increase the risk to public health. Highways: No objections to amended scheme to use existing access. However, a visibility splay of 2.4 x 56m to the north and 2.4 x 90m to the south west will be required. To achieve the splays works will have to be carried out to the bridge to the south west of the access which crosses the B5102. The works would increase the width of the footway by approximately 2m. Highways have no objection in principle to the work with a combined agreement under Section 38/Section 278 of the Highways Act required. A telegraph pole and lamp standard would need relocating to the north. Environment Agency: Site lies within a C2 Flood Zone. No objections on the basis of a revised Flood Consequences Assessment which has been submitted and which demonstrates that the flood risk at the site is acceptable.. CCW: No objections. Other Representations to original submission: 1 letter of objection on grounds of: Query whether the building of further offices is in accord with planning policy and would be detrimental to village’s character. Construction of new access superflous. Use of new access will increase congestion at peak times, and will increase vehicular and pedestrian safety. Objections to adverse impact on woodland to south west. 1 additional letter not objecting to the principle of an extension but considers proposed design is inappropriate and unattractive. Additional consultation carried out 19.03.08. Site Notice: Expired 04.07.07 Page No 5 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 SPECIAL CONSIDERATIONS/ISSUES Proposal/background: The application was originally submitted with the provision of a new access through a woodland at the southern boundary of the site onto the B5102 to serve the new and existing development. This was proposed to overcome the problems with visibility at the existing access. However, subsequently, problems have arisen with regard to this option and in particular the Environment Agency requirements and the control of visibility splays. The application has now been amended to utilise the existing access. To improve the visibility splays to acceptable levels it is intended to widen the bridge to the south of the access and relocate a lighting column and telegraph pole which are to the north. Policy: In a Green Barrier the policy seeks to maintain the openness of the area. The office extension would be within the existing curtilage of the main building and connected to it. The site does have existing mature tree planting and the new build would not further compromise the open character of surrounding land. The office extension would only be seen in the context of other existing buildings with good existing planting to help integrate the development. Similarly, with EC5 (Special Landscape Area) the requirement is to have a high standard of design and I am satisfied the design meets that test. Also the visual impact is minimised. The overall quality of the landscape will be enhanced by further high quality landscaping. Design: The extension whilst large has been designed to be subservient to and not compromise the character of the existing building. The extension is to the rear of the building and the quality of the existing front façade remains intact. The extension is linked by a glazed structure and provides a two storey building lower than the existing in a more modern design with a range of materials including timber and render. The building contrasts with the more traditional building but respects and compliments the setting. Highways: The applicants are now proposing to utilise the existing access and Highways have required that splays of 2.4 x 56m to the north and 2.4 x 90m to the south-west would need to be provided. To achieve the splays to the south-west works are required to widen the bridge which would increase the footpath width by 2m whilst relocating a lamp standard and telegraph pole to the north. Highways are satisfied these works will provide an access with acceptable visibility splays to cater for the additional traffic movements. Adequate parking is provided. Ecology: No ecology issues are raised by virtue of now using the existing access rather than creating a new access through the woodland. Floodplain: The development site lies within C2 Flood Zone as defined by the development advice map, referred to under TAN 15 Development and Floodrisk. The Page No 6 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Environment Agency initially raised concerns with the initial Flood Consequences Assessment but a resubmitted Assessment demonstrates that the flood risk is acceptable providing the mitigation proposals are incorporated into the scheme. Conclusion: The provision of the additional offices is acceptable in terms of scale and design. I raise no objections given its location and in close proximity to the existing building. The existing tree cover will screen the building and it will not further compromise the openness of the Green Barrier or the Special Landscape Character. Subject to the necessary works being carried out and in particular the works to the bridge and provision of acceptable splays I am satisfied that there will be no increase in highway danger. Mitigation proposals will ensure that the flood risk is acceptable. 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. The mitigation proposals in the Revised Flood Consequence Assessment (dated October 2007) shall be fully incorporated into the proposed scheme concurrently with the implementation of this proposal and retained thereafter. 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. 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. Page No 7 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 7. No trees or hedges shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged. 8. No works shall commence on site until full details of the proposed widening works to the bridge to the south of the existing access have been submitted to and approved by the Local Planning Authority. The building hereby approved shall not be occupied until the works have been carried out strictly in accordance with the details as approved 9. Vehicle parking and turning facilities shall be provided within the curtilage of the site in accordance with details to be submitted for further approval. Such facilities shall be made available for those purposes prior to the first occupation of the building(s) hereby permitted and shall thereafter be retained. 10. Cycle parking facilities shall be provided within the curtilage of the site in accordance with details to be submitted for the further approval of the Local Planning Authority. Such facilities shall be made available prior to implementation of the use(s) hereby permitted and shall thereafter be retained. 11. The proposed access shall have a visibility splay of 2.4 x 56m to the north and 2.4 x 90m to the south-west, 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 the first use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction. 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 flood risk at the site is acceptable. 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 trees which are of significant amenity value to the area. 7. To protect trees and hedging which are of particular value to the general visual amenity of the area. 8. In the interests of highway and the general visual amenities of the area. 9. 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. 10. To ensure that adequate parking facilities are provided and maintained within the curtilage of the site in the interests of the free flow of traffic, highway safety and the amenities of the locality. 11. To ensure that adequate visibility is provided at the proposed point of access to the highway. Page No 8 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 NOTE(S) TO APPLICANT The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway. With regard to Condition 09 details should include surface treatment and disabled parking. With regard to Condition 11 you will be required to enter into a combined agreement with the Council under Section 38/Section 278 of the Highways Act 1980 and you should contact BT Openreach and the Council's streetlighting section with regard to relocation of the BT post and lighting column. _____________________________________________________________________ Page No 9 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0041 LOCATION: HUGMORE HOUSE HUGMORE LANE LLANYPWLL WREXHAM DATE RECEIVED: 16/01/2008 COMMUNITY: Holt DESCRIPTION: ALTERATIONS, EXTENSIONS AND CHANGE OF USE OF EXISTING BUILDINGS TO FORM A WEDDING VENUE CASE OFFICER: SJG WARD: Holt APPLICANT(S) NAME: MR & MRS B PIGGOTT C/O D & M PLANNING PARTNERSHIP AGENT NAME: D & M PLANNING PARTNERSHIP _____________________________________________________________________ THE SITE The site is on the east side of Hugmore Lane, between the A534 and Wrexham Industrial estate. The site has an area of 0.9 hectare and includes the dwelling and converted former farm buildings, plus the access to the south and open land to the east. Page No 10 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Change of use of the buildings with alterations to form a wedding venue, including a 120 seat function room, dance area, guest suite and car park. The buildings will use the existing courtyard as the focal point, and the dwelling is to be retained. Up to 15 staff will be employed at the site in total. The existing environmental management business will continue to be run from the office buildings, but HGV’s and plant will be relocated to a site on Oak Road, Wrexham Industrial Estate. RELEVANT HISTORY CB/02293 Vehicular access Granted 21/9/1998 P/1999/0109 Change of use of farm buildings to form offices and use of land by environmental pollution control business. Erection sheds for storage of vehicles in association with environmental and pollution control depot. Granted 31/7/2000 P/2001/1210 Construction of visibility splay across frontages and erection of new wall/railings and gated entrance to Walden Granted 20/2/2002 P/2006/0530 Temporary storage of silos Granted 3/7/2006 P/2007/0127 Amendments to approved elevations Granted 2/4/2007 P/2007/0166 Use of ground floor rooms as offices Granted 2/4/2007 DEVELOPMENT PLAN Outside settlement limits. Policies PS2 E5 T8 and GDP1 of UDP are relevant, together with LPGN 6 7 9 and 16. CONSULTATIONS Holt C Council: Local Member: Highways: Public Protection: Env Agency: Welsh water: CCW: Access Group: Site Notice: Other representations: Very concerned with possible noise nuisance to nearby residents from functions. Would object to any additional building and any permission should be restricted to the existing buildings. Also concerned on highway issues on such a busy road. Consulted 17/01/2008 Recommend conditions Comments regarding noise and health & safety. Standard advice applies Recommend conditions No objections. Prior ecological survey is not required. Disabled parking should be a minimum of 6%, (4 spaces) with a smooth path to the door Expired 8/2/2008 Adjoining occupiers notified 21/1/2008. SPECIAL CONSIDERATIONS/ ISSUES Policy: The proposed use as a wedding venue is the primary use with accommodation ancillary. The previous use as a waste disposal site demonstrates that the agricultural use has long ceased. The proposal does not sit easily with any specific policy but elements of E5 (Employment in the Countryside) and CLF9 (Visitor Page No 11 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Accommodation in the countryside) would be relevant. These policies are underpinned by the need to; demonstrate structural soundness and capability for use without requiring extension; retaining inherent character and lastly a preference for employment use over residential. There would be concerns about any potential expansion/extension to the buildings. Such further development would require planning permission. Ecology: This issue has been the subject to correspondence with the Countryside Council for Wales, who now accept that the only wildlife issue relates to the possible presence of bats/ breeding birds in the buildings. As these buildings have been, or are in the process of being, converted to office uses under previous permissions, the CCW accept that there is no need for a prior survey. There are no issues with Great Crested newts, as the application site is already developed, and the car park is on land currently used as a yard for the business. Built Conservation: The only concerns are in relation to the large openings formed out of 3 small window openings to the West elevation, buildings C and D. This unbalances the void to solid ratio and the rhythm of openings with the upper floor as well as resulting in a significant loss of fabric. The existing openings could however be altered to form single door openings which would assist in allowing additional light to the room. To the South elevation, building D, the diagonal glazing bars should be omitted to simplify the glazing pattern to this large opening. These issues have been taken up with the agent, and revised plans have been requested. Delegated powers are requested to approve this application subject to the submission of satisfactory amended plans. Residential amenity/ noise: The buildings are located at the southern end of a row of dwellings on Hugmore Lane. The courtyard arrangement should provide a reasonable protection of residents from activities associated with the proposed use. Public Protection recommends a condition to require approval of extraction equipment etc for the kitchens on the north side, together with insulation works. The applicants suggest a package of measures to address noise concerns, including an 11pm stop of music and a 12 midnight closing for guests. Highway safety/ accessibility: Highways consider the access is acceptable, given the reduction in HGV use, providing visibility splays are improved. 10% of all parking spaces should be provided to mobility standards. Revised plans have been received to meet highway requirements. Conclusion: I consider that the development would provide a good use for the attractive rural buildings. The removal of the HGVs and plant associated with the environmental management business would benefit local residents. However, the issue of noise particularly late at night is one which merits particular concern but with the measures suggested and conditioned, and the licensing controls, I am satisfied that the impacts can be adequately controlled. Page No 12 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 RECOMMENDATION That subject to receipt of satisfactory revised plans to address built conservation requirements as outlined above, the Chief Planning Officer be given delegated authority to grant permission, subject to the conditions specified below with such amendments and/or additional conditions he considers necessary, and provided no significant new issues are raised as a result of any necessary re-publicity of the application. CONDITIONS 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 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. 4. Within three 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. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 5. The works shall be carried out within three 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. 6. 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 unless otherwise approved, in writing, by the Local Planning Authority. 7. 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. 8. Provision shall be made within the site for the parking of six cars for disabled persons. 9. Prior to commencement of the use of the buildings, the existing access shall be improved to provide visibility splays of 2.4 metres by 215 metres to the south-east and 2.4 metres by 160 metres to the north-west measured to the nearside edge of the adjoining highway in which there shall e no obstruction in excess of 1.0 metre in height. The splays shall be suitably maintained to retain the required visibility thereafter. 10. Details of noise attenuation measures, air handling plant and kitchen extraction systems shall be submitted to the Local Planning Authority prior to development Page No 13 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 commencing and the development shall only be carried out in strict conformity with such details as are thereby approved. 11. 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. 12. The machinery storage building shall be used for storage purposes only in connection with the business and/or the maintenance of the attached land. 13. There shall be no playing of amplified music between 23.00 hours and 14.00 hours. 14. The premises shall close to non-residential guests at 12 midnight and shall not reopen until 09.00 am the following day. 15. 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. 16. The existing environmental management business shall be restricted to office use only. There shall be no storage of any plant or machinery or the parking of commercial vehicles or HGVs on the site at any time. REASONS 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 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 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 In order to secure the satisfactory provision of facilities and access for disabled persons. 9 To ensure that adequate visibility is provided at the proposed point of access to the highway. 10 To ensure that the development fully complies with the appropriate policies and standards. 11 To protect the amenities of the occupiers of nearby properties. 12 To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13 To protect the amenities of the occupiers of nearby properties. 14 To protect the amenities of the occupiers of nearby properties. 15 To ensure satisfactory drainage of the site and to avoid flooding. 16 To ensure compatibility with the permitted Wedding Venue use and in the interests of visual and adjoining residential amenity. 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 Page No 14 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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". You are reminded that the Disability Discrimination Act 1995 applies to this development. 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. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. You are advised that the premises shall comply with the Health and Safety at Work etc Act, 1974 and you should contact the Council's Public Protection Department in connection therewith. The premises shall comply with the Food Safety Act 1990, and you should contact the Council's Chief Public Protection Officer in connection therewith. Please note the attached comments from the Environment Agency and Welsh Water. _____________________________________________________________________ Page No 15 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0107 LOCATION: LAND OFF DEE MEADOWS HOLT WREXHAM DATE RECEIVED: 04/02/2008 COMMUNITY: Holt DESCRIPTION: ERECTION OF DWELLING AND GARAGE CASE OFFICER: SJG WARD: Holt APPLICANT(S) NAME: RIDGEWAY LAND AND PROPERTY DEVELOPMENTS LTD AGENT NAME: MCCORMICK ARCHITECTURE LTD _____________________________________________________________________ P THE SITE The site is on the south-east side of Dee Meadows, bounded by rear gardens of dwellings in Millfield to the south-west, the A534 to the south-west, and Dee Lane in a cutting to the north-east. It consists of an area of 0.2 hectare on the north-east side of the land. P/2008/0107 Page No 16 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Approval of reserved matters for the erection of a 5 bedroom, 2½ storey dwelling with a detached double garage. RELEVANT HISTORY 6/22251 Residential development (12 Houses), construction of new vehicular and pedestrian access and alteration to existing vehicular access. Granted 6/6/1994. 6/22736 Erection of 11 houses. Granted 2/11/1994. 6/22742 Erection of 5 houses. Refused 10.10.94. Appeal dismissed 12/9/1995. 6/23998 Variation of condition 8 as imposed for 6/22736 to allow transfer of open space to alternative location. Granted 15/1/1996, subject to a legal agreement to transfer the POS to Francis Lane playing field. CB3374 Erection of two bungalows and construction of new vehicular and pedestrian access. Refused 25/7/1999. Appeal dismissed 25/4/2000. P/2000/0970 Construction of earth mounding Granted 11/12/2000 P/2004/1224 Outline for 2 dwellings Granted subject to a section 106 agreement following a site inspection meeting on 21/1/2005. Issued 13/12/2005 P/2007/0121 3 dwellings. Refused 4/4/2007 Land to the south-west (Millfield) P/2004/0147 Outline for residential development & access P/2004/1554 8 dwellings, access and landscaping P/2006/0278 Change of use to extend private gardens Granted 5/4/2004 Granted 11/4/2005 Granted 19/5/2006 DEVELOPMENT PLAN The site adjoins the settlement limit as shown on the plan. The dwelling is within the settlement limits. CONSULTATIONS Holt C Council: Local Member: Highways: Public protection: Environment Agency: Welsh Water Site Notice: Other representations: The design and character of the property should be more inkeeping with Dee Meadows, and appears too large for the plot Consulted 4/2/2008 Recommend conditions Recommend a noise condition in view of proximity to the A534 Recommend condition regarding sustainable drainage Recommend conditions Expired 3/3/2008 Adjoining occupiers notified 11/02/2008 2 objections received on grounds of: Page No 17 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 a. The proposed 2 ½ storey houses would be totally incongruous to the rest of the development, in terms of siting, height and design b. The dwellings should be sited in line with the existing dwellings, to retain the open view seen on entering Dee Meadows. SPECIAL CONSIDERATIONS/ ISSUES Previous permissions: The 2004 outline application was restricted to 2 dwellings. The reason given for this restriction was in accordance with the UDP Inspector’s report to ensure protection of the visual amenity of the area. Since that decision was made, residential development has taken place between Francis Lane and the A534, including a 2006 permission to extend rear gardens of new dwellings beyond the settlement limits (as listed above). There was no restriction on the outline permission relating to the height or size of the 2 dwellings. Policy: No objections in principle in view of the fact that built development would only take place within the Holt settlement limit. The imposition of a condition removing permitted development rights to erect buildings in the rear gardens would be necessary to minimise the visual impact of development alongside the by pass. The dwelling has sufficient space within the settlement limits for private garden space. Landscape: The western corner of the site is the most open, allowing views to the site from the bypass. An existing blackthorn hedge follows the top of the southern bank for about 2/3 the width of the site and provides some screening to wider views. The submitted details of buffer planting on land adjoining the A534 are acceptable. Permitted development rights for the rear garden areas should be removed, to avoid the proliferation of domestic features beyond the settlement limits. Design: Whilst the dwelling has three storeys, the second floor (providing the 5th bedroom and a bathroom) is within the roof pitch, and the 3 small dormer windows are considered appropriate in this location. The rear elevation is attractive in itself. I note the comments raised by the Community Council with regard to design and character of the properties which they state should be more in-keeping with Dee Meadows and that they appear too large for the plot. However, both dwellings are at the head of the cul-de-sac, are not symmetrical due to their orientation and are separated by a substantial gap of 8 metres. The footprints and scale of the proposed dwellings are not significantly different to those in Dee Meadows and there are a whole range of house types in this part of the village. In this instance variation in design and appearance cannot alone be used as a justification for the refusal of planning permission. Impact on adjoining dwellings: Separation distances are met, and the new dwelling will be at lower floor level than the existing dwellings in Dee Meadows. A gap of some 8 metres is retained between the two dwellings, retaining the view from Dee Page No 18 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Meadows. The shape of the land within the settlement limits does not make a symmetrical continuation of the cul-de-sac practical. Highway issues: No objections are raised subject to conditions. Confirmation has been requested that condition 5 of the outline permission (relating to off-site works at the Francis Lane/ Castle Street junction) has been met. Drainage: The conditions of the previous permission require a surface water attenuation scheme for storm drainage. Noise: The outline permission does not include a noise attenuation condition. Therefore the recommendations of the CHPPO will be forwarded as a note to applicant. Legal Agreement: The section 106 agreement entered into with the outline application covered public open space provision. Advice has been obtained from the Council’s solicitor, to the effect that the requirements of the legal agreement are now secured. However the applicant/landowner should be made aware of the previous agreement. Conclusion: The revised scheme addresses the issues raised in the 2007 application and is acceptable under the terms of the outline permission and adopted policies and guidance. RECOMMENDATION That permission be GRANTED CONDITION(S) 1. The development hereby approved shall be commenced before 13/12/2010 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. All hard and soft landscape works shall be carried out in accordance with the approved details as set out on drawing No A(200)02F. 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. 5. 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 carried out in accordance with guidance contained in Section 13 of the current BS 5837 A guide for Trees in Relation to Construction - Recommendations. Page No 19 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 6. 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 unless otherwise approved in writing by the Local Planning Authority. 7. The access shall be hard surfaced for a distance of 5m behind the highway boundary before the development is brought into use. 8. 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. 9. 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 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no extensions or additions to the dwelling shall be built, erected or constructed. 11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no buildings (including any sheds, greenhouses, outbuildings etc) shall be built, erected, or constructed on the land marked blue on the approved plan. REASON(S) 1. To comply with Section 92 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 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 8. In the interests of highway safety. 9. To ensure satisfactory drainage of the site and to avoid flooding. 10. 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. 11. 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. Page No 20 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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". Please note the attached comments from the Environment Agency and Public Protection. _____________________________________________________________________ Page No 21 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0108 LOCATION: LAND OFF DEE MEADOWS HOLT WREXHAM DATE RECEIVED: 04/02/2008 COMMUNITY: Holt DESCRIPTION: ERECTION OF DWELLING AND GARAGE. CASE OFFICER: SJG WARD: Holt APPLICANT(S) NAME: TAYLOR CONSTRUCTION AND DEVELOPMENT LTD AGENT NAME: MCCORMICK ARCHITECTURE LTD _____________________________________________________________________ THE SITE The site is on the south-east side of Dee Meadows, bounded by rear gardens of dwellings in Millfield to the south-west, the A534 to the south-west, and Dee Lane in a cutting to the north-east. It consists of an area of 0.15 hectare on the south-west side of the land. P/2008/0108 Page No 22 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Approval of reserved matters for the erection of a 4 bedroom 2½ storey dwelling with a detached double garage. The application includes a Design and Access statement and photo-montages. RELEVANT HISTORY 6/22251 Residential development (12 Houses), construction of new vehicular and pedestrian access and alteration to existing vehicular access. Granted 6/6/1994. 6/22736 Erection of 11 houses. Granted 2/11/1994. 6/22742 Erection of 5 houses. Refused 10.10.94. Appeal dismissed 12/9/1995. 6/23998 Variation of condition 8 as imposed for 6/22736 to allow transfer of open space to alternative location. Granted 15/1/1996, subject to a legal agreement to transfer the POS to Francis Lane playing field. CB3374 Erection of two bungalows and construction of new vehicular and pedestrian access. Refused 25/7/1999. Appeal dismissed 25/4/2000. P/2000/0970 Construction of earth mounding Granted 11/12/2000 P/2004/1224 Outline for 2 dwellings Granted subject to a section 106 agreement following a site inspection meeting on 21/1/2005. Issued 13/12/2005 P/2007/0121 3 dwellings Refused 4/4/2007 Land to the south-west (Millfield) P/2004/0147 Outline for residential development & access Granted 5/4/2004 P/2004/1554 8 dwellings, access and landscaping Granted 11/4/2005 P/2006/0278 Change of use to extend private gardens Granted 19/5/2006 DEVELOPMENT PLAN The site lies part inside and part outside the settlement limits, as shown on the plan. The dwelling is within the settlement limits. Policies GDP1, PS1, PS2 EC4 EC12 and T8 are relevant, together with guidance notes 7, 16 and 21. CONSULTATIONS Holt C Council: Local Member: Highways: Public protection: Environment Agency: Welsh Water Site Notice: Other representations: The design and character of the property should be more inkeeping with Dee Meadows, and appears too large for the plot Consulted 4/2/2008 Recommend conditions Recommend a noise condition in view of proximity to the A534 Recommend condition regarding sustainable drainage Recommend conditions Expired 3/3/2008 Adjoining occupiers notified 11/02/2008 Page No 23 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 2 objections received on grounds of: c. The proposed 2 ½ storey houses would be totally incongruous to the rest of the development, in terms of siting, height and design d. The dwellings should be sited in line with the existing dwellings, to retain the open view seen on entering Dee Meadows. SPECIAL CONSIDERATIONS/ ISSUES Previous permissions: The 2004 outline application was restricted to 2 dwellings. The reason given for this restriction was in accordance with the UDP Inspector’s report to ensure protection of the visual amenity of the area. Since that decision was made, residential development has taken place between Francis Lane and the A534, including a 2006 permission to extend rear gardens of new dwellings beyond the settlement limits (as listed above). There was no restriction on the outline permission relating to the height or size of the 2 dwellings. Policy: No objections in principle in view of the fact that built development would only take place within the Holt settlement limit. The imposition of a condition removing permitted development rights to erect buildings in the rear gardens would be a means of minimising the visual impact of development alongside the by pass. The dwelling has sufficient space within the settlement limits for private garden space, but the rear wall is very close to the settlement limits. This issue has been discussed with the architect, but comparison can be made with Millfield to the west. Landscape: The western corner of the site is the most open, allowing views to the site from the bypass. An existing blackthorn hedge follows the top of the southern bank for about 2/3 the width of the site and provides some screening to wider views. The submitted details of buffer planting on land adjoining the A534 are acceptable. Permitted development rights for the rear garden areas should be removed, to avoid the proliferation of domestic features beyond the settlement limits. Design: Whilst the dwelling has three stories, the second floor (providing a the 3rd and 4th bedrooms and a bathroom) is within the roof pitch, and the 4 small dormer windows are considered appropriate in this location. The rear elevations is attractive in itself. I note the comments raised by the Community Council with regard to design and character of the properties which they state should be more in-keeping with Dee Meadows and that they appear too large for the plot. However, both dwellings are at the head of the cul-de-sac, are not symmetrical due to their orientation and are separated by a substantial gap of 8 metres. The footprints and scale of the proposed dwellings are not significantly different to those in Dee Meadows and there are a whole range of house types in this part of the village. In this instance variation in design and appearance cannot alone be used as a justification for the refusal of planning permission. Page No 24 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Impact on adjoining dwellings: Separation distances are met, and the new dwelling will be a lower floor level than the existing dwellings in Dee Meadows. A gap of some 8 metres is retained between the two dwellings, retaining the view from Dee Meadows. The shape of the land within the settlement limits does not make a symmetrical continuation of the cul-de-sac practical. Highway issues: No objections are raised subject to conditions. Confirmation has been requested that condition 5 of the outline permission (relating to off-site works at the Francis Lane/ Castle Street junction) has been met. Drainage: The conditions of the previous permission require a surface water attenuation scheme for storm drainage. Noise: The outline permission does not include a noise attenuation condition. Therefore the recommendations of the CHPPO will be forwarded as a note to applicant. Legal Agreement: The section 106 agreement entered into with the outline application covered public open space provision. Advice has been obtained from the Council’s solicitor, to the effect that the requirements of the legal agreement are now secured. However the Solicitor advises that the applicant/landowner should be made aware of the previous agreement. Conclusion: The revised scheme addresses the issues raised in the 2007 application and is acceptable under the terms of the outline permission and adopted policies and guidance. RECOMMENDATION That permission be GRANTED CONDITION(S) 1. The development hereby approved shall be commenced before 13/12/2010 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. All hard and soft landscape works shall be carried out in accordance with the approved details as set out on drawing No A(200)01A. 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. 5. 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 Page No 25 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 carried out in accordance with guidance contained in Section 13 of the current BS 5837 A guide for Trees in Relation to Construction - Recommendations. 6. 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 unless otherwise approved in writing by the Local Planning Authority. 7. The access shall be hard surfaced for a distance of 5m behind the highway boundary before the development is brought into use. 8. 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. 9. 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 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no extensions or additions to the dwelling shall be built, erected or constructed. 11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no buildings (including any sheds, greenhouses, outbuildings etc) shall be built, erected, or constructed on the land marked blue on the approved plan. REASON(S) 1. To comply with Section 92 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 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 8. In the interests of highway safety. 9. To ensure satisfactory drainage of the site and to avoid flooding. 10. 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. 11. 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. Page No 26 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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". Please note the attached comments from the Environment Agency and Public Protection. _____________________________________________________________________ Page No 27 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0109 LOCATION: FERNDALE HOLYHEAD ROAD FRONCYSYLLTE WREXHAM DATE RECEIVED: 04/02/2008 COMMUNITY: Llangollen Rural DESCRIPTION: CONSTRUCTION OF DECKING (IN RETROSPECT) CASE OFFICER: MP WARD: Llangollen Rural APPLICANT(S) NAME: MISS S BULL AGENT NAME: MISS S BULL _____________________________________________________________________ SITE The property lies between the A5 and the Shropshire Union Canal in Froncysyllte. Canal Decked area A5 road PROPOSAL Retrospective permission is sought for the erection of a decked area to the rear of the property overlooking the canal. Page No 28 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 HISTORY P/2000/0974 Conservatory extension. Granted 15.12.2000. DEVELOPMENT PLAN Within settlement limit. Policies PS2 and GPD1 apply. The site is also adjacent to the Llangollen Canal, which was listed as a Scheduled Ancient Monument by Cadw in February 2008. Policy EC11 therefore also applies. CONSULTATIONS Community Council: Local Member: British Waterways: Other representations: Site Notice: No objection in principle but have the following comments: - there are a lot of negative comments made about this decking by local residents as the structure does not blend in; - this is not sympathetic with the local surrounding area; - needs plenty of work to make sure it blends in with the surrounding environment. No objection provided finish is appropriate (comments received verbally). Requests reported to committee. Notified 17.3.08 1 letter received expressing the following objections: - decking is an eyesore and a blot on the landscape; - it seems totally unnecessary to have constructed something so large and unsightly; - this construction totally ruins the stretch of canal from where it is totally visible; - it should not be allowed to remain so large and dominating. Expired 5.3.08 SPECIAL CONSIDERATIONS Impact: The site and the constructed deck is within an open and prominent location, clearly seen by the public using the canal and its tow path. I believe the proposals are inappropriate in this location for the following reasons: 1. The structure does not accord with the character of the locality, with regard to scale and use of materials. Changes of level are achieved in adjacent rear gardens through the use of modest stone retaining walls allowing the natural landform to remain a visible characteristic. In comparison, the deck construction is very large in scale and massing and therefore highly visible; 2. The visual dominance and inappropriate character of the decking adversely harms the setting of the Scheduled Ancient Monument. (see photograph) Page No 29 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Conclusion: The proposals do not accord with policies GDP1 and EC11. As the application is retrospective enforcement action will be undertaken under delegated powers. RECOMMENDATION That permission be REFUSED REASON(S) 1. The development is inappropriate by way of its scale, use of materials and detailing. Consequently it has a significant and detrimental impact upon the character of the locality and harms the setting of the Llangollen Canal, a Scheduled Ancient Monument. The proposals therefore do not accord with policies GDP1 and EC11 of the Wrexham Unitary Development Plan. _____________________________________________________________________ Page No 30 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0111 LOCATION: THE GRANGE HOLLY WALKS WREXHAM DATE RECEIVED: 05/02/2008 COMMUNITY: Acton DESCRIPTION: VARIOUS WORKS TO TREES INCLUDING FELLING OF 1 DEAD BIRCH TREE, 4 CHERRY TREES, 1 ROWAN TREE, 1 SYCAMORE TREE AND 2 HOLLY TREES. CROWN RAISE, THIN AND PRUNE TO CLEAR HOUSE 1 COPPER BEACH TREE AND 1 OAK TREE, CROWN RAISE, THIN AND FORMATIVE PRUNE 1 CHERRY TREE AND REMOVE 2 BRANCHES FROM 1 CHERRY TREE. CASE OFFICER: MP WARD: Maesydre AGENT NAME: STC APPLICANT(S) NAME: MR R BYROM _____________________________________________________________________ SITE The site is a mature large garden surrounding the applicant’s property located in a residential cul-de-sac. Page No 31 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Fell one dead Birch tree, fell four small Cherry trees, fell one small Rowan tree, fell one defoliating Holly tree, fell one Holly tree and fell one Sycamore tree due to poor shape and form. Additionally, the following pruning works have been applied for; crown raise, thin and formative prune one Cherry tree, remove two overlong lateral branches from 1 Cherry tree, crown raise, deadwood, prune to clear the house and greenhouse and thin to improve light to house one copper Beech tree and one Oak tree. HISTORY P/2007/1185 Erection of a dwelling on the front garden area Refused DEVELOPMENT PLAN Policy EC4: Hedgerows, Trees and Woodland. CONSULTATIONS The consultation letters did not give a full description of the proposed works therefore re-consultation has been undertaken The consultation period is due to end on the 31st March. The following written representations relate to the initial consultation and further observations will be included in the addendum report.. Community Council: Local Member: Building Control: Other representations: No objection subject to work being carried out to the satisfaction of the Council’s Arboricultural Officer. Notified 5/2/08. Notified 5/2/08. Seven adjacent landowners notified 5/2/08. One letter of representation received. To summarise, the proposal to crown and prune the trees does not cause concern, however there are concerns regarding burning of waste that is produced as a result of the tree works. SPECIAL CONSIDERATIONS Comment: Two of the trees are less than three metres from the house and overhang the roof. The Beech tree is diseased and in windy conditions they claim that the home is in danger. In addition they also state that the trees were too close to the dwelling when planning permission was originally granted. They propose to replace other trees within the grounds. Despite their claim of receiving professional advice no evidence has been submitted to indicate that they are in a dangerous condition. Whilst the trees do overhang the roof, works to clear the trees entirely from the roof would be to the detriment of their amenity value and health and safety. No evidence has been provided that would suggest that undertaking such drastic crown works are Page No 32 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 necessary. However I consider tip pruning back of branches over the roof back to suitable lateral branches by approximately 2- 4 metres acceptable. The Beech tree is colonised by the Felted Beech Scale insect, but their presence on the bark of the tree is not significant and can be removed by scrubbing the affected trunk with water containing a very mild detergent solution. Pruning the aerial parts of the tree’s crown will not affect the insects that are located on the trunk. The Oak and Beech tree are close to the property, but no evidence has been submitted that the trees are causing damage to the house. Additionally, there is no visual evidence to indicate the trees were made dangerous due to construction damage when the property was built and/ or extended. Also no evidence was submitted to substantiate the claims that the trees are causing damage to patios or walls and pruning of the crowns of the nearest trees would have no effect if this were the case. Thinning of the Oak and Beech trees to improve light conditions cannot be justified given their location north of the property. Part of the application is to fell a dead Silver Birch tree which is in a dangerous condition and is thus exempt from control. Additionally, four Cherry trees and one Rowan tree are proposed to be felled. These are located to the rear of the house, are approximately 2 metres in height and have been extensively poorly pruned in the past. These trees have no amenity value and it is doubtful whether they are covered by the Order as they might not have been planted when the Area designated Order was made. Equally, the Holly is dying and is exempt from control. The felling of a variegated Holly tree and a Sycamore has also been applied for. The Holly is leaning at an approximate angle of 30 degrees, which categorises it as dangerous and the Sycamore which is a semi-mature specimen bifurcates at approximately 4 metres. The union between the two scaffold limbs that are growing from the bifurcation is structurally unsound. The tree has grown new wood to either side of this union, however in my opinion this is not enough to make the tree safe. Other tree works applied for are the pruning of two Cherry trees, which is in accordance with good arboricultural practice. I note the concerns of a neighbour regarding the method of disposal of branches from the works. This is not a material consideration, but it is believed that the contractor to be employed to undertake the works will chip all branch wood rather than burn on site RECOMMENDATION That the Chief Planning Officer is given delegated authority to grant permission, subject to the following planning conditions, upon expiry of the consultation period provided that no new additional issues are raised. Page No 33 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 RECOMMENDATION That permission be GRANTED CONDITION(S) 1. All tree works to be undertaken to the standards set out in British Standard 3998: Recommendations for Tree Work: 1989. 2. No branches over 7.5cms diameter to be removed from the large Beech and large Oak trees to the rear of the property (The Grange), unless previously agreed by the Local Planning Authority's Arboricultural Officer. 3. No pruning works are to be undertaken on the large Beech and large Oak tree to the rear of the property apart from the works listed here: Crown raise branches 7.5 cms diameter or less to a height no greater than 8 metres measured from ground level and tip prune branches back by 2-4 metres in length back to a suitable lateral branch on the side of the crown nearest the property only. 4. Two replacement trees of a species and size to be agreed upon by the Local Planning Authority are to be planted within the garden curtilage of the application site at locations to be agreed upon by the Local Planning Authority during the next available planting season. REASON(S) 1. To preserve the health and safety and amenity value of the trees to be worked on. 2. To preserve the health and safety and amenity value of the trees to be worked on. 3. To preserve the health and safety and amenity value of the trees to be worked on. 4. To ensure that the amenity of the local area is preserved. _____________________________________________________________________ Page No 34 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0116 COMMUNITY: Maelor South WARD: Overton LOCATION: LAND TO THE REAR & SIDE OF ROSE COTTAGE / ARBOUR COTTAGE CADNEY LANE BETTISFIELD WHITCHURCH WREXHAM DESCRIPTION: ERECTION OF 3 DETACHED, TWOSTOREY DWELLINGS WITH SINGLE DETACHED GARAGES, ALTERATION TO EXISTING VEHICULAR ACCESS AND INSTALLATION OF SEALED CESS TANKS DATE RECEIVED: 05/02/2008 CASE OFFICER: DSW AGENT NAME: MR PAUL WILLS APPLICANT(S) NAME: MR PAUL WILLS _____________________________________________________________________ THE SITE The site is a flat grassed open area with a shelter on the site frontage. To the north west lies The Old Shop and to the south east is the recent cul-de-sac development of Chapel View. site Page No 35 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL As above. Reserved of matters application. HISTORY P/2007/0956 Outline for residential dev (3 no dwellings). Approved 01.10.07. DEVELOPMENT PLAN Within settlement limit. UDP Policy GDP1 applies. CONSULTATIONS County Councillor Local Member Public Protection Highways Welsh Water Severn Trent Water Environment Agency British Waterways Other Representations Site Notice Notified 06.02.08. Notified 06.02.08. Notified 06.02.08. The proposals do not satisfy the requirements of TAN 18 in terms of visibility but there are significant benefits to highway safety by closing the existing access to Arbour Cottage. No objections No objections subject to appropriate drainage conditions Notified 06.02.08. 06.02.08. Two letters received from adjoining occupiers objecting on the following grounds: i) Impact upon Highway Safety due to increased traffic volumes along a narrow lane. ii) The development does not allow for sufficient off-street parking. This will result in congestion on Cadney Lane. iii) Adding more housing without investing in roads/footpaths and public transport is not sustainable. iv) There is no main drainage in the village and there are dangers of foul water leaking into the watertable. v) Increasing amount of development in the village is changing the feel and quality of Bettisfield as a rural village community. Expired 04.03.08. SPECIAL CONSIDERATIONS/ISSUES Design/Appearance: The proposed layout of three dwellings ensures a continuation of the built frontage onto Cadney Lane and reflects the pattern of development on the adjoining site at Chapel View. The elevational treatment reflects the style of the adjoining cottages and the roof pitch has been reduced to emulate the cottages and Page No 36 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 reduce the height of the proposed dwellings. Plot 1 fronting Cadney Lane is in line with the front elevation of the cottage and Plots 2 and 3 to the rear are staggered to create a less formal layout. A mix of render on 2 plots and a soft facing brick on the other will in my opinion help assimilate this group of dwellings into their surroundings. All materials will be conditioned for further approval. Amenity: The application meets Council’s adopted standards in terms of separation distances. In addition I do not consider there will be any significant loss of visual amenity or privacy to adjoining dwellings in Chapel View given the proposed siting of Plots 2 and 3 which minimise opportunities for overlooking. Highways: Highways have indicated that visibility splays appropriate to approaching speeds in the order of 30mph should prove adequate. TAN 18 recommends the provision of splays measuring 2.4 x 70 metres. However given the short length of site frontage with narrow verge this cannot be achieved over land within the applicant’s control. Highways did accept however that it may be possible to protect visibility splays appropriate for approaching traffic speeds between 20 – 25 mph from a centralised access and a speed survey was required as part of the outline consent. A speed survey has been submitted by the applicant carried out by an independent engineer. The average speed is marginally above 25 mph. Whilst the proposed visibility splay and kerb radius is slightly substandard in both directions. The application presents an opportunity to improve the existing access arrangements for both Rose Cottage and Arbour Cottage, both of which have extremely substandard visibility. In this regard the outline permission required the existing access to Arbour Cottage to be permanently closed. This is shown on the current reserved matters application. I therefore consider the benefits arising from this improvement would outweigh against any possible disbenefits likely to be incurred by increased traffic generation from the site through an access which does not completely achieve the full recommended visibility standards. I note the comments made by adjoining occupiers with regards to parking provision. Amended plans have been received which provide the maximum levels of parking for this development. The application meets the requirements of Local Planning Guidance Note No 16 – Parking Standards. Drainage: Despite comments made by adjoining occupiers with regards to drainage problems in the area I am satisfied with the proposed use of a sealed watertight cess tank and level warning device to indicate when the tank needs emptying. At this stage I have not received any formal observations from the Environment Agency. Whilst the Agency have not previously encouraged the use of cesspools as there is no reasonable prospect of mains drainage being brought into the village, they have accepted a condition which requires all foul drainage to be contained within a cess-pit. Given the scale of development proposed, it is unlikely to give rise to significant contamination issues or a detrimental impact upon residential amenity or environmental conditions in the area. Page No 37 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 RECOMMENDATION That permission be GRANTED CONDITION(S) 1. The development hereby approved shall be commenced before 01.10.2012. 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 existing hedges shall be retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height of the hedges falls below 1 metre at any point without the previous written permission of the Local Planning Authority. Any hedges removed without permission or dying or being severely damaged within five years from the completion of development shall be replaced with hedges of such size and species as may be agreed with the Local Planning Authority. 4. 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. 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. No part of the development hereby granted shall be brought into use until the existing access to Arbour Cottage has been permanently closed in accordance with the details shown on the approved plans. 7. No development shall commence until full details of the proposed sealed watertight cess tank and a level warning device to indicate when the tank needs emptying, has been approved in writing by the Local Planning Authority. The installation of the cess tank shall be carried out strictly in accordance with the approved details. 8. 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. 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 protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 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. Page No 38 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 6. In the interests of highway safety. 7. To ensure satisfactory foul water drainage. 8. In the interests of highway safety. _____________________________________________________________________ Page No 39 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0124 LOCATION: CLAPPER LANE GARDENS CLAPPER LANE GRESFORD WREXHAM DATE RECEIVED: 07/02/2008 COMMUNITY: Gresford DESCRIPTION: DEMOLITION OF EXISTING BUNGALOW AND REPLACE WITH 2 NO. FOUR BEDROOM DWELLINGS AND ALTERATION TO VEHICULAR ACCESS CASE OFFICER: SJG WARD: Gresford East & West AGENT NAME: BLUE PRINT APPLICANT(S) NAME: NUNNDALE LTD _____________________________________________________________________ THE SITE The site is on the west side of Clapper Lane. The site has an area of 0.27 hectare and contains a bungalow at the southern end. PROPOSAL As above. The dwellings are four bedroom, two storey properties. The design includes a large projecting two storey front gable containing an integral double garage Page No 40 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 with master bedroom above. Foul drainage is to septic tank. The access would be slightly south of the centre of the frontage, adjoining a speed hump. RELEVANT HISTORY 7215 Dwelling Withdrawn 21/11/1980 DEVELOPMENT PLAN Within settlement limits and is affected by 2 tree preservation orders, including TPO WBC 109 preserving three trees on the site. Policies H2 EC4 and GDP1 of UDP are relevant, together with LPGN 7 and 21. CONSULTATIONS Gresford C Council: Local Member: Highways: Public Protection: Env Agency: Welsh water: Site Notice: Other representations: Very concerned that the proposed development will be out of keeping with the area. Any development should be single storey only. Concerns over 2 storey development. Requests committee referral Consulted 7/2/2008 Comments regarding construction works and drainage Standard advice applies No comments Expired 3/3/2008 Adjoining occupiers notified 12/12/2008 6 letters of objection received, on grounds of: a. 2 storey dwellings would be out of character with the area b. Overlooking and over-dominance of adjoining dwellings c. Dwellings will be forward of the building line and too prominent d. Dangerous access to a busy road e. Question whether speed hump is to be moved f. Footpath is inadequate g. Additional surface water run-off may cause local flooding h. Parking restrictions should be brought in i. Concerned over impact on protected trees SPECIAL CONSIDERATIONS/ ISSUES Visual amenity and character: The dwellings along this side of Clapper Lane are bungalows or dormer bungalows, whereas along Pontycapel Lane and the eastern side of Clapper Lane the dwellings are mostly 2 storey. The design of the dwellings includes a single storey, hipped roof element on the outer sides of both dwellings, giving a substantial gap between the 2 storey element and the side boundaries (7 metres minimum). In my view this creates a design which is not inappropriate for the locality, although this is clearly a matter of judgement. Page No 41 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 However, the projecting two storey front gable is an unattractive feature which will be very prominent in the street scene, particularly when viewing the site from the south or north. This is an unacceptable feature. Residential amenity: In my opinion, the design and layout of the dwellings takes account of the amenity of adjoining dwellings and would comply with adopted LPG 21. Trees: The two proposed buildings appear not impact upon the TPO trees on site. However a full aboricultural report is required to fully assess the impact of the access and the Highway requirements for a pavement. Highway safety: Comments are awaited. Previous discussions included a requirement for a 2 metre footway across the frontage, but there were concerns over the impact of the works on the protected tree close to the proposed access and it may be appropriate to seek a compromise of a narrower pavement along all or part of the length.. Drainage: The septic tank drainage system is a cause of concern in a developed area, but I understand that there is no sewer available in the area. This issue will need to be considered in detail under the Building Regulations. Conclusion: Residential development of the site is acceptable in principle but this scheme would not satisfactorily integrate with it surroundings and the impact on the trees has not been resolved. RECOMMENDATION That permission be REFUSED REASON(S) 1. The development proposed would be unsatisfactory and undesirable having regard to the design and siting of the dwellings and their relationship with adjoining properties, in terms of the large, two-storey front gable projections. The development would result in an unacceptable degree of visual intrusion and would prove contrary to Policy GDP1a of the adopted Wrexham Unitary Development Plan. 2. The proposal would be contrary to Policy EC4 of the adopted Wrexham Unitary Development Plan as the details are not sufficient to show that the development can be carried out without adversely affecting protected trees on the site, as required by adopted Local Planning Guidance Note 7 Trees and Development. _____________________________________________________________________ Page No 42 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0137 LOCATION: 4 BRON Y GAMLAS PONTCYSYLLTE LLANGOLLEN DATE RECEIVED: 11/02/2008 COMMUNITY: Llangollen Rural DESCRIPTION: FELL 3 NO. SYCAMORE (TPO GDC 7) CASE OFFICER: MS WARD: Llangollen Rural APPLICANT(S) NAME: JUDITH DODD AGENT NAME: TREEFELLERS _____________________________________________________________________ SITE Page No 43 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Fell one large Sycamore and two smaller Sycamore trees. Additionally, works to remove small branches from several trees and fell several groups of saplings has been included on the application. The large Sycamore suffers from extreme decay and the applicant’s justification for the removal of the two smaller Sycamores is that they would become exposed. HISTORY None. DEVELOPMENT PLAN Within settlement Policy EC4: Hedgerows, Trees and Woodland applies. CONSULTATIONS Community Council: Local Member: British Waterways: Other representations: Notified Consulted Objection as tree felling would harm the setting of a Scheduled Ancient Monument (Pontcysllte Aqueduct). Not in accordance with Landscape Assessment of views from the aqueduct and the application does not properly identify the trees affected. Two letters of representation have been received from members of the public. The first objects as the trees to be removed are within the boundary of the proposed World Heritage Site and that the trees’ provide screening of a modern housing estate from the aqueduct. The second letter does not object to the tree works, but offers suggestions on how the works are undertaken. These suggestions are not material considerations in determining this application SPECIAL CONSIDERATIONS Comment: The felling of the large Sycamore is exempt from the normal TPO application process due to its condition. With regards to other pruning and felling works proposed I consider that these would be to the detriment of the woodlands structural and biodiversity value and would reduce the screening benefits that the woodland affords the locality. Felling saplings would lead to an even aged woodland structure, which is not a sustainable way of managing woodlands. The applicant’s agent states that two smaller Sycamores would become exposed if the larger Sycamore were felled. However the larger Sycamore is to the north-west of these trees. The prevailing wind comes from the south-west and would be unlikely to destabilise the larger Sycamore proposed to be felled. Pruning Page No 44 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 branches of trees cannot be quantified as the locations and number of branches to be pruned is not listed on the application. Conclusion: The proposed works, apart from the felling of the large Sycamore would be to the detriment of the woodlands structure, amenity and biodiversity value therefore it is recommended that this application be refused. It is also recommended that the applicant be informed that the larger Sycamore tree nearest the garden is exempt from the normal TPO application process, due to it being in a dangerous condition. The tree owner only needs to give the Local Planning Authority five days written notice of their intention to fell the tree under the exemption listed in the Town & Country Planning Act (as amended). RECOMMENDATION That permission be REFUSED The removal of the two smaller Sycamores and the saplings and other pruning works would be to the detriment of the woodland amenity value. To allow the proposal would be contrary to UDP Policy EC4. _____________________________________________________________________ Page No 45 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0138 LOCATION: SARN VILLA SARN MALPAS CHESHIRE DATE RECEIVED: 11/02/2008 COMMUNITY: Willington and Worthenbury DESCRIPTION: ERECTION OF DOUBLE GARAGE AND ATTACHED WORKSHOP CASE OFFICER: SJG APPLICANT(S) NAME: AGENT NAME: D & KE ELLIS D & KE ELLIS WARD: Bronington _____________________________________________________________________ THE SITE Dwelling PROPOSAL Erection of a pitched roof double garage and store building on land to the north of the dwelling, in place of an existing shed. The proposal is a revised scheme for the details approved as part of the 2006 permission. Comparison of proposals for garage (dimensions in metres): Ridge height Eaves height Width P/2006/0772 5.5 2.8 9 P/2008/0138 5.5 3.2 9 Depth 5 5.75 Rooflights 0 2 Page No 46 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 RELEVANT HISTORY 6/22129 Extension to dwelling P/2006/0772 First floor extension and construction of garage Granted 7/3/1994 Granted 4/9/2006 DEVELOPMENT PLAN Outside settlement limit and within a Special Landscape Area. Policies GDP1 and EC5 are relevant, together with guidance notes 13, 20 and 21. CONSULTATIONS Worthenbury C Council: Local Member: Public protection: Site Notice: Other representations: Consulted 12/2/2008 Consulted 12/2/2008 Request details of use of workshop Expired 11/3/2008 Adjoining occupiers notified 14/02/2008 2 objections/letters of concern received on grounds of: a. Structure will not be used as a garage but will be turned into a separate dwelling, as has happened elsewhere in the village b. The workshop will be used for business purposes, causing additional noise and disturbance to local residents c. Additional traffic using a narrow, private access will cause more problems SPECIAL CONSIDERATIONS/ ISSUES Policy: This structure is within a Special Landscape Area and outside the settlement limits. It is replacing a smaller structure and is slightly larger than that previously approved. The applicant states that the large agricultural type building already on the site is used for accommodating horses, and there are no other garages/ storage buildings available. An alternative site for the garage could be available within the paddock to the north, within the settlement limits. However this would have a greater impact on the dwellings to the north. Access to the paddock is available to the north-west side of the large building. A condition is proposed to control the future use of the structure. For these reasons the structure is considered to be appropriate under the terms of policies GDP1 and EC5. Highway Issues: The traffic generated by the proposal is not considered to be a significant issue. Changes to previous approval: The changes will make only a small change to the appearance of the structure from the dwellings to the north, and the overall ridge height has not changed. Page No 47 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 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. The garage/store shall only be used for purposes ancillary to the use of the dwelling as a single dwelling house and for no other purpose. 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 the amenities of the occupiers of nearby properties. 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". There shall be no interference with any public or private right of way within, or adjacent, to the application site. _____________________________________________________________________ Page No 48 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0139 LOCATION: 2 BRON Y GAMLAS PONTCYSYLLTE WREXHAM COMMUNITY: Llangollen Rural DESCRIPTION: CASE OFFICER: FELL 3 NO. OAK, 2 NO. CHERRY, 1 MS NO. SYCAMORE AND 1 NO. ASH (TPO NO. GDC 7) AGENT NAME: TREEFELLERS APPLICANT(S) NAME: MR ALAN GORING WARD: Llangollen Rural DATE RECEIVED: 11/02/2008 _____________________________________________________________________ SITE The site is a small woodland area to the south of the applicant’s property and is within 100 metres of the Pontcysllte Aqueduct. Page No 49 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL A Tree Preservation Order application to undertake the following works; Fell three Oak trees, one Sycamore, one Ash and two Cherries. Additional pruning works applied for are the removal of one stem of one Sycamore and the removal of two lower branches from one Ash. The applicant’s justification for their removal is that they are of poor form and are encroaching on the road. Removal would benefit the remaining trees and encourage new growth. It is also stated that the objective for the works is to allow more light into the garden and to develop high canopy woodland with coppiced under-storey and at the same time to open up views across the valley. HISTORY None known. DEVELOPMENT PLAN Policy EC4: Hedgerows, Trees and Woodland. CONSULTATIONS The following written representations have been received in respect of the consultation. Community Council: Local Member: British Waterways: WCBC Internal: Other representations: No representations made. No representations made. Objection as tree felling would harm the setting of a Scheduled Ancient Monument (Pontcysllte Aqueduct). Not in accordance with Landscape Assessment of views from the aqueduct and the application does not properly identify the trees affected. The landscape Officer recommends refusal due to adverse impact on World Heritage Site, SLA and Conservation Area. Two letters of representation have been received from members of the public. The first objects as the trees to be removed are within the boundary of the proposed World Heritage Site and that the trees’ provide screening of a modern housing estate from the aqueduct. The second letter does not object to the tree works, but offers suggestions on how the works are undertaken. These suggestions are not material considerations in determining this application Page No 50 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 SPECIAL CONSIDERATIONS Comment: Some of the trees are of poor form compared to an open grown specimen such as a park tree with good form. However the trees are growing within a small woodland where form is not so important compared to other issues such as biodiversity and ecological issues. The applicant has raised no issues regarding the safety of the trees in question and I could not see any problems with encroachment over the highway. The applicant states that removal of the trees would benefit the remaining woodland. I would not consider this to be entirely the case. However, the removal of the small Sycamore, Ash stem and two Cherries would be to the benefit of the woodland as these are either suppressed specimens or are growing too close to other trees for them to develop fully. With regards to other felling works proposed I consider these would be to the detriment of the woodland’s structural and biodiversity value and would reduce the screening benefits that the woodland affords the locality. Pruning branches of the Ash tree cannot be quantified, as the location of the tree was not ascertained due to inadequate information being presented by the applicant. Whilst removing one of the stems of a large twin stemmed Sycamore could introduce decay into the other stem by opening up a large wound. There is no necessity to remove this stem as the union between it and the other stem appears to be structurally sound. Conclusion: The proposed felling of the Sycamore tree, two Cherries and Ash stem would not be to the detriment of the woodlands character, amenity and biodiversity value. Whilst the other felling works of the three Oak trees would be to the detriment of the woodlands character and amenity value. Pruning works to the Ash tree have not been quantified and removal of one stem from the large Sycamore is not necessary. RECOMMENDATION A It is recommended that the application is partly approved and partly refused, subject to the following conditions: CONDITION(S) 1. All approved tree works to be undertaken to the standards set out in British Standard 3998: Recommendations for Tree Work: 1989. 2. Approval is granted to fell one Sycamore tree, two Cherry trees and one Ash stem only. The applicant or applicant's agent is to properly identify these trees to the satisfaction of the Council's Arboricultural Officer before the works commence. 3. All trees removed will be replaced with suitable replacement trees of a species and size and planting location to be agreed upon by the Local Planning Authority. Replacement planting to be undertaken during the next available planting season. Page No 51 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 REASON(S) 1. To preserve the health and safety and amenity value of the trees to be worked on. 2. To properly identify the trees to be felled so those trees not approved for felling are not removed. 3. To ensure that the amenity of the local area is preserved and that the woodland structure and biodiversity are maintained. RECOMMENDATION B That the Chief Planning Officer is given delegated authority to grant part permission, subject to the above planning conditions, upon expiry of the consultation period provided that no additional issues are raised. _____________________________________________________________________ Page No 52 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0140 LOCATION: 3 BRON Y GAMLAS PONTCYSYLLTE WREXHAM DATE RECEIVED: 11/02/2008 COMMUNITY: Llangollen Rural DESCRIPTION: FELL 2 NO. HORSE CHESTNUT, 3 NO. HAWTHORN AND 3 NO. SYCAMORE (TPO NO. GDC 7) CASE OFFICER: MS WARD: Llangollen Rural APPLICANT(S) NAME: MR & MRS TAYLOR AGENT NAME: TREEFELLERS _____________________________________________________________________ SITE The site is a small woodland area to the south of the applicant’s property and is within 100 metres of the Pontcysllte Aqueduct. Page No 53 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Fell two Horse Chestnut trees, fell three Hawthorn trees, fell three Sycamore trees, fell 2 small Ash trees and fell various sapling trees. The applicant states that the trees selected for felling are of poor structure and are not beneficial to the woodland group. Felling would improve light and airflow for the remaining trees. They also state that the larger Sycamore tree at the top of the bank has decay at the base of the tree, unstable ground beneath, that the crown is unbalanced and that the tree provides minimal benefit to the woodland group. HISTORY None known. DEVELOPMENT PLAN Policy EC4: Hedgerows, Trees and Woodland. CONSULTATIONS The following written representations have been received in respect of the consultation. Community Council: Local Member: British Waterways: WCBC Internal: Other representations: No representations made. No representations made. Objection as tree felling would harm the setting of a Scheduled Ancient Monument (Pontcysllte Aqueduct). Not in accordance with Landscape Assessment of views from the aqueduct and the application does not properly identify the trees affected. The landscape Officer recommends refusal due to adverse impact on World Heritage Site, SLA and Conservation Area. Two letters of representation have been received from members of the public. The first objects as the trees to be removed are within the boundary of the proposed World Heritage Site and that the trees’ provide screening of a modern housing estate from the aqueduct. The second letter does not object to the tree works, but offers suggestions on how the works are undertaken. These suggestions are not material considerations in determining this application SPECIAL CONSIDERATIONS Comment: I would accept the felling of the largest Sycamore which shows evidence of low vitality, an indication of disease. This is a result of a particularly aggressive route decay fungus. Page No 54 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 The two Horse Chestnut stems are quite small in size and are of poor form. Additionally, they are encroaching onto an Oak tree, which will result in the Oak being shaded by the Horse Chestnut trees. It would be considered expedient to fell these two trees in order to allow the Oak tree to grow unhindered. The proposed felling of the three Hawthorn trees which do not appear to be in a dangerous condition cannot be justified. Their removal would adversely affect biodiversity and a woodland structure. The removal of the two smaller Sycamore trees I find acceptable. They are growing very close together and have a poor height to stem diameter ratio. Trees with poor stem diameter to height ratio are far more likely to suffer wind damage such as stem breakage or uprooting, therefore it is considered in the interests of safety to allow these two trees to be felled. The proposed felling of two small Ash trees and various saplings would be to the detriment of the woodland’s biodiversity value and structure. The felling of these trees would lead to an even aged woodland structure, which is not a sustainable method of managing woodlands’. Small trees and saplings will eventually grow up to form the woodland canopy. Removing these trees will mean that there are no replacements for the larger trees when they eventually need replacing. Conclusion: The proposed felling of the three Sycamore trees is considered necessary for safety reasons. Similarly, the felling of two Horse Chestnut stems would be of benefit to the nearby Oak tree. The felling of the smaller Ash trees and various saplings would not be to the benefit of the woodland structure, biodiversity value and amenity value of the woodland. RECOMMENDATION A It is recommended that the application is partly approved and partly refused, subject to the following conditions: CONDITION(S) 1. All approved tree works to be undertaken to the standards set out in British Standard 3998: Recommendations for Tree Work: 1989. 2. Approval is granted to fell three Sycamore trees and two Horse Chestnut trees only. The applicant or applicant's agent is to properly identify these trees to the satisfaction of the Council's Arboricultural Officer before the works commence. 3. All trees removed will be replaced with suitable replacement trees of a species and size and planting location to be agreed upon by the Local Planning Authority. Replacement planting to be undertaken during the next available planting season. REASON(S) 1. To preserve the health and safety and amenity value of the trees to be worked on. 2. To properly identify the trees to be felled so those trees are not approved for felling are not removed. Page No 55 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 3. To ensure that the amenity of the local area is preserved and the woodland structure and biodiversity is maintained. RECOMMENDATION B That the Chief Planning Officer is given delegated authority to grant part permission, subject to the conditions below, upon expiry of the consultation period provided that no additional issues are raised. _____________________________________________________________________ Page No 56 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0147 COMMUNITY: Bangor is y Coed WARD: Bronington LOCATION: LAND ADJACENT TO ALTHREY LODGE OVERTON ROAD BANGOR ON DEE WREXHAM DESCRIPTION: OUTLINE APPLICATION FOR ERECTION OF 1 NO. DWELLING AND CONSTRUCTION OF VEHICULAR ACCESS DATE RECEIVED: 12/02/2008 CASE OFFICER: SJG AGENT NAME: DAVID OWEN ASSOCIATES APPLICANT(S) NAME: MRS JONES _____________________________________________________________________ P/ THE SITE The site is on the east side of Overton Road approx 250 m south of the bypass bridge. The site has an area of 0.11 hectare and consists of a lawn on the south-west side of the existing dwelling. Page No 57 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL As above. All matters are reserved. RELEVANT HISTORY 6/14289 Dwelling and access Refused 7/9/1987, appeal dismissed 1/11/1988 DEVELOPMENT PLAN Outside settlement limits and within a Special Landscape Area and in a flood zone. Policies H5 EC5, EC12, PS2 and GDP1 of UDP are relevant, together with LPGN 13 and TAN 15. CONSULTATIONS Bangor on Dee C Council: Strongly object on grounds of: a. Site is in open countryside outside the settlement and without agricultural justification b. Site is within the river Dee floodplain and also suffers from surface water flooding. Such problems will get worse in the future and occupants would be put at risk. Development in such areas is contrary to local and national guidance c. Access would be unsafe due to inadequate visibility on a dangerous road with recorded accidents Local Member: Notified 13/2/2008 – awaiting observations Highways: Consulted 13/2/2008 Public Protection: Comments regarding construction works and drainage Env Agency: Recommend refusal as the site is within a zone C2 floodplain, and the Flood Consequences Assessment is not sufficient to overcome the objection based on TAN 15. Welsh Water: No comments CCW: Consulted 6/3/2008 Site Notice: Expired 11/3/2008 Other representations: Adjoining occupiers notified 19/2/2008. 3 letters of objection/ comments received on grounds of: a. Loss of amenity from 2 storey dwelling overlooking adjoining dwellings b. Increased traffic on a very busy and dangerous road c. Increased noise levels in a pleasantly quiet rural location d. Unnecessary increase in density of built development in a rural area, which will encourage further developments. e. Area is within a flood plain and is prone to flooding. Development will increase surface water run-off. f. Access should be on the north-western side of the plot, to minimise adverse impact on residential amenity Page No 58 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 SPECIAL CONSIDERATIONS/ ISSUES Policy: Whilst the 1988 Appeal statement (which was dismissed on access grounds) does suggest that the principle of development conforms with the infill policy as then contained in the Clwyd County Structure Plan, this application needs to be assessed against current policy as contained in UDP policy H5 and LPG13. On this basis the site is not considered to be an infill plot for the following reasons: - this small group of dwellings cannot be referred to as being a ‘well defined built frontage’ given that the neighbouring dwelling - ‘Hole in the Wall’ is set back from Overton Road (LPG13 section 3 states 'dwellings set back from the highway within substantial gardens will not be regarded as constituting a built frontage'). The gap between Althrey Lodge and Beech Croft is approx. 60m wide and cannot be considered a ‘small gap’. Furthermore, allowing this development would not infill the gap between the existing properties, as the garden area of the Hole in the Wall would still break up the building line. - LPG13 requires that the proposed dwelling be of similar scale to those within the frontage group as a whole. As the size of dwellings within this small group of houses varies considerably (from a small pair of semi’s to large detached houses) it is fair to assume the site could easily accommodate more than 2 houses if units similar to Davro/Braemar were proposed, which is contrary to policy H5. Approval of the proposal would also create another infill opportunity within the curtilage of ‘Hole in the Wall’, which would result in the consolidation of a sporadic group of dwellings in the countryside, which is again contrary to the provisions of policy H5 (as stated in paragraph 6.12 in the reasoned justification for this policy). Residential Amenity: I note the observations of neighbouring occupiers with regards to loss of amenity. Whilst it is inevitable that there would be a degree of overlooking into adjoining garden areas detailed design at the reserved matters stage could ensure that privacy levels can be maintained to an acceptable degree. However, this is an outline application and the key issue here relates to the principle of development taking place in this location. Highway safety: This was the main reason for dismissal of the previous appeal. The comments of Highways are awaited, but the concerns of the Community Council raise valid points. Flood Risk: The site is within a C2 flood risk zone, which indicates areas of the floodplain without significant flood defence infrastructure. TAN15 suggests that only less vulnerable development should be considered in C2 flood risk zones subject to application of justification test, including acceptability of consequences. Emergency services and highly vulnerable development (which includes housing) should not be considered. The flood risk assessment accompanying the application is not specific to this site and is nearly 10 years old. The letter from the Environment Agency accompanying the application recommends an updated survey to be provided, and requests information Page No 59 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 to conform with Appendix 1 of TAN15, however this information has not been submitted. The EA confirm their objection to the proposal. Landscape: Should this application be considered any further, the following elements of the proposal would require amendment to support EC5 and GDP1: 1. Delete footpath along site frontage and replace with grass verge. The path is an inappropriate urban feature and goes no where. 2. A brick wall or low wall with railings to replicate existing, would be required along the site frontage Ecology: The application is close to a designated SAC site (river Dee) and further details would be required if permission is contemplated. Conclusion: There are fundamental objections to the proposal but even if there were not, in the absence of detailed information regarding ecology and landscape would necessitate significant extra detailed information before a decision could be made. RECOMMENDATION That permission be REFUSED REASON(S) 1. The development would be contrary to adopted policies on housing development in the countryside as set out in policy H5 of the adopted Wrexham Unitary Development Plan. The site is not considered to fall within the definition of infilling contained in policy H5(b) and Local Planning Guidance Note 13. 2. The site is within Zone C2 of the floodplain of the River Dee as defined in the Welsh Assembly Government Technical Advice Note 15. Without an acceptable Flood Consequences Assessment to prove otherwise, there is a possibility that the development would create additional risk of flooding to occupiers of the property and other properties downstream, and would be contrary to policies EC12 and GDP1(f) of the approved Wrexham Unitary Development Plan. 3. In the absence of detailed information about the ecological consequences and the landscape impacts, the Council cannot be satisfied that the development would comply with local and national policy dealing with these matters. _____________________________________________________________________ Page No 60 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0148 LOCATION: CADNEY VIEW CADNEY LANE BETTISFIELD WHITCHURCH DATE RECEIVED: 12/02/2008 COMMUNITY: Maelor South DESCRIPTION: DEMOLITION OF EXISTING DWELLING AND OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT CASE OFFICER: SJG WARD: Overton AGENT NAME: JR & PA HAMBLETON APPLICANT(S) NAME: JR & PA HAMBLETON _____________________________________________________________________ P/2008 THE SITE The site is on the north side of Cadney Lane at the eastern end of the village. Cadney View is a bungalow. Page No 61 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL As above. The applicant indicates that he is seeking permission to re-develop the site with 1 or possibly 2 dwellings. RELEVANT HISTORY None. DEVELOPMENT PLAN Within settlement limits. Policies GDP1 H2 and EC4 of UDP are relevant, together with LPGN 21. Circular 10/99 gives advice on drainage issues. CONSULTATIONS Maelor South C Council: No objection on condition that the development is for a replacement bungalow. Would object to a 2 storey house, as this would not be in-keeping with surrounding properties. Local Member: Consulted 13/2/2008 Highways: Consulted 13/2/2008 Public Protection: Consulted 13/2/2008 Env Agency: EA opposes further development in Bettisfield until a foul sewerage scheme is implemented. Scale of development should be defined- and special requirements will be imposed on any development of more than 1 dwelling. Welsh water: No public sewers available Site Notice: Expired 11/3/2008 Other representations: Adjoining occupiers notified 14/2/2008: 4 letters of objection/ comment received, on grounds of: a. Insufficient information b. Development should be limited to a like-for-like replacement c. Dwelling should maintain existing elevations and footprint d. Any dwelling should be single storey only e. More than 1 dwelling would be out of character with the area f. Area has had too much infilling g. High water table will cause drainage problems SPECIAL CONSIDERATIONS/ ISSUES Policy/Scale of Development: The site is within settlement limits. I agree that more than one dwelling would be out of character with the area and contrary to policy GDP1. Furthermore, the site is of limited size and I am not satisfied that two dwellings could be fitted in. Some of the dwellings on the northern side of Cadney lane have accommodation in the roofspace, and it is considered that this possibility should not be ruled out. Page No 62 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Access: Some improvements to the access may be required in terms of visibility. This will involve mainly some site clearance works along the frontage. There may be an impact on the Scots Pine tree and these issues will be considered at the reserved matters stage. Trees: There are mature Scots Pine trees on the frontage which should be retained. Drainage: The area is a known problem area for septic tank drainage and cess pools are the norm in the area. Whilst I fully agree that mains drainage would be preferable, I am not aware of any proposal to provide sewerage to the area and in the circumstances I think it would be unreasonable to refuse on that ground – especially as many recent developments have been permitted. . As suggested by Circular 10/99, the development should be limited to one dwelling only to avoid further drainage problems. Conclusion: Subject to the limitation to one dwelling, it is considered that the proposal is acceptable as an outline application with all matters reserved for subsequent approval. 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. The development shall consist of 1 dwelling designed to be single storey to the eaves. 5. 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 6. No trees shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged. 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 Page No 63 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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 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 the development is in-keeping with the character of the locality and in the interests of amenity. 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. To protect trees which are of significant amenity value to the area. 7. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. NOTE(S) TO APPLICANT Please note the attached comments from the Environment Agency. _____________________________________________________________________ Page No 64 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0149 COMMUNITY: Rhos WARD: Johnstown LOCATION: MORGAN ELECTRO CERAMICS VAUXHALL INDUSTRIAL ESTATE RUABON WREXHAM DESCRIPTION: ERECTION OF TEMPORARY BUILDING FOR STORAGE OF NONHAZARDOUS MATERIALS, TOOLS AND EQUIPMENT. DATE RECEIVED: 12/02/2008 CASE OFFICER: MP AGENT NAME: MORGAN ELECTRO CERAMICS APPLICANT(S) NAME: MORGAN ELECTRO CERAMICS _____________________________________________________________________ SITE As above. Proposed siting of building Intended permanent location PROPOSAL The building is to be located in this position for a temporary period of time. I understand from details submitted by the applicant that a Welsh Assembly Licence is Page No 65 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 required to site it permanently on a different part of the site (due to the presence of protected species). There is an immediate need for additional storage space however, therefore the building is to be erected on the site proposed until the licence has been granted. HISTORY No recent relevant history. DEVELOPMENT PLAN Within the settlement limit. Policy GDP1 applies. CONSULTATIONS Community Council: Local Member: Public Protection: Highways: CCW: Environment Agency: Other representations: Object on the grounds that the building is too large. Notified 13.2.08 Recommend the Environment Agency is consulted regarding noise controls at the site. There appears to be a problem of inadequate parking in the locality but the proposal does not result in the loss of existing parking space nor does it involve an increase demand for parking. Given parking problems it is essential that the new facility is used solely for storage. Advised that: - The site may support Great Crested Newts. The applicant should be required to propose and deliver amphibian avoidance/mitigation measures to the satisfaction of the LPA. It is anticipated these measures will entail measures such as amphibian fencing prior to and throughout the duration of the proposed scheme. - No objection due to temporary use of facility. Advised that: - the site is within the Dee Water Protection Zone and the storage or use of controlled substances may require consent from the Agency; - Works to or close to any water course will require consent from the Agency; - Waste excavation or building waste much be disposed of in accordance with the Environmental Protection Act 1990; - Importing waste for use as hardcore must be registered by the Agency as an exempt activity under the Waste Management Licensing Regulation 1994. 1 letter of objection expressing the following concerns: - the siting of the building is unsuitable as it is overlooked by many houses; Page No 66 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 - Site Notice: the Council has given permission for a tip (Hafod Quarry) one side of our property and now at the rear the Council wishes to erect another eyesore; - concerned about the safety of our property as the site is accessible from the side of our house. If tools are to be stored then criminals would see that as a target. What is to stop them coming onto the property to access this, how does the Council propose to stop this happening. A fence is inadequate as it can easily be cut away. People access the factories from the rear of the site; - it is not stated what hours the storage facility will be open; - how will the non-hazardous waste be transported. What assurances are in place to make sure wagons are not using the site 24 hrs a day. - The whole of Johnstown is becoming a dumping ground or storage area for whoever asks the Council. When will the Council do the right thing for the residents and stop lining the pockets of others. Expired 5.3.08 SPECIAL CONSIDERATIONS Siting, size, scale and design: The building will measure 15 metres x 20 metres, 4 metres high to the eaves and 7 metres to the ridge and of a simple lightweight metal construction. In the context of the existing factory unit and wider industrial estate, I consider this is a modestly sized structure. Its siting will not have a significant or adverse impact upon the visual amenity of the locality. Residential amenity: The building would be located around 25 metres from the rear boundary of the nearest residential property and around 70 metres from the nearest dwelling. Given that the intended use is only for storage, it is unlikely the proposal will have a significant impact upon residential amenity. A condition limiting the use of the building to that proposed will be attached. Site security: I note that a nearby resident is concerned that the development may become a target for criminals who will attempt to gain access to the site from nearby residential properties. The security of the site is a matter for the applicant to address and, unless it requires the erection of enclosures requiring planning permission, is outside of the scope of planning controls. The security of individual properties is a matter for their owners/occupiers. Clearly if there are existing problems with people attempting to gain unauthorised access to the application site via adjacent properties, then this is a matter that should be reported to the police. Ecology: CCW have raised no objection to the scheme but have noted that Great Crested Newts could be present on side. Consequently, they have advised that the applicant should be required to put in place appropriate mitigation measures. A planning condition will be attached. Page No 67 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 Conclusions: The granting of permission for this building for a temporary period of time is in accordance with policy. RECOMMENDATION That permission be GRANTED CONDITION(S) 1. The use of the building shall cease not later than 30 June 2009. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date. 2. The building shall be constructed of the materials specified in the application documentation unless otherwise agreed in writing by the Local Planning Authority. 3. 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. 4. A report detailing a scheme of mitigation measures for Great Crested Newts and other amphibians within the site shall be submitted to and approved by the Local planning Authority. Any mitigation measures required shall be implemented in accordance with time scales to be agreed as part of the measures before development commences on site. REASON(S) 1. To allow the applicant sufficient time to identify and obtain the necessary consents to site the building in a permanent location within the site. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. In the interests of the amenities of the occupiers of nearby properties and to ensure that no additional pressure is exerted on the existing car parking facilities. 4. In order to protect wildlife interests, which are afforded special protection. 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". You are advised to take note of the advice issued by the Environment Agency in their letter dated 20 February 2008. _____________________________________________________________________ Page No 68 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0168 LOCATION: 11 CLAYPIT LANE GRESFORD WREXHAM DATE RECEIVED: 18/02/2008 COMMUNITY: Gresford DESCRIPTION: CONSERVATORY AND KITCHEN EXTENSION CASE OFFICER: PF WARD: Marford & Hoseley APPLICANT(S) NAME: MRS GM CRAWFORD AGENT NAME: MRS GM CRAWFORD _____________________________________________________________________ SITE WC & hallway Conservatory extension Site PROPOSAL To erect a conservatory to the rear projecting 4.2 metres and 5.8 metres across the width of the house. A small WC and hallway extension is also proposed to the side of the house projecting no more than 1.3 metres. Page No 69 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 HISTORY None. DEVELOPMENT PLAN Within settlement. Policies GDP1, PS2 of the Wrexham UDP and Local Planning Guidance Note 20 – House Extensions apply. CONSULTATIONS Community Council: Local Member: Other representations: Site Notice: No representations. Notified 18.02.2008 2 neighbours notified. 1 letter of objection received raising the following concerns: Occupants of the conservatory will be able to overlook neighbouring property. Glazing should be obscure. Expired 11.03.2008 SPECIAL CONSIDERATIONS Design & amenity: The design and proposed materials of the extensions respect the character of the dwelling. The dwelling fronts a highway on both the front and rear elevation but I am of the opinion that the extensions will not adversely affect the character of the dwelling or immediate environment. On this basis I do not have any objection to the scheme on visual grounds. There are no issues of loss of amenity generated from the proposed WC extension. I have carried out the BRE test in LPG20 and the scheme passes on both elevations. The conservatory, as proposed shows a fully glazed elevation facing No. 13 Claypit Lane, the land level of which is approximately 0.7 metres higher than the application site. There is a gap in the boundary through which overlooking can occur. I have written to the applicant requesting amended plans to address this issue of potential overlooking, preferably by the erection of a 1.8 metre close boarded fence. The elevation facing No. 9 Claypit Lane features a high level window. The objection raised requests that the window be obscurely glazed. I am happy that this window is at such a level that will not cause a detrimental loss of privacy and as such will not require obscure glazing. This will be protected by condition. Conclusion: I am satisfied that subject to sufficient boundary treatment to eliminate any potential for loss of privacy the scheme is considered acceptable and I recommend accordingly. Page No 70 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 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. No facing materials shall be used other than materials matching those used on the existing building. 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 cill level of the window in the south western elevation shall be a minimum of 1.75m above finished floor level. No other windows shall be installed in that elevation. 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 the adjoining dwelling. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. _____________________________________________________________________ Page No 71 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0169 LOCATION: 41 - 43 STANCLIFFE AVENUE MARFORD WREXHAM DATE RECEIVED: 18/02/2008 COMMUNITY: Gresford DESCRIPTION: DEMOLITION OF EXISTING DWELLINGS AND ERECTION OF 2 NO. 4 BEDROOMED DETACHED DWELLINGS CASE OFFICER: JGK WARD: Marford & Hoseley APPLICANT(S) NAME: ROFFT DEVELOPMENTS (2000) LTD AGENT NAME: WYNN ROGERS PARTNERSHIP _____________________________________________________________________ THE SITE Application Site PROPOSAL Demolition of existing dwellings and erection of 2 no 4 bedroomed detached dwellings. Page No 72 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 RELEVANT HISTORY None. DEVELOPMENT PLAN Within settlement limits The policies relevant to considering these proposals are PS1, PS2, GDP1, H2 and T8. Local Planning Guidance Notes 16 – Parking and 21 – Space around Dwellings. CONSULTATIONS Community Council: Local Member: Public Protection: Highways: Welsh Water: Environment Agency: Wrexham Access Group: Site Notice: Adjoining Occupiers: Notified 18.02.08. Notified 18.02.08. Notified 18.02.08. No objections in principle. Stancliffe Avenue is an unclassified road subject to a 30mph speed limit. It is estimated that typical vehicle speeds being around 20 – 25mph given the geometry of the road along this section. Parking provision at the proposed development site is adequate for both dwellings. The proposed redevelopment of the site uses the existing accesses. Add condition re. no discharge into public sewerage system and surface water and foul water to be drained separately. Falls outside the scope of the Agency. Standard Guidance Note for Developers. Notified 18.02.08. Expired 15.03.08. Concerns expressed as follows: Excessive height of proposed properties and possible overlooking. Nuisance caused by noise generated by traffic, mud and dust, and late working or work on Sundays. SPECIAL CONSIDERATIONS/ ISSUES Background: The proposal is for the demolition of two existing properties and replacement with two 4 no bed houses. Property no 41 is currently a single storey dwelling with a high ridgeline and no 43 is 1½ storeys with dormer windows. The development will use the existing accesses. The site falls away from Stancliffe Avenue. Design and Amenity: The written justification to UDP Policy H2 states that ‘ … attractive tree-lined and/or low density residential areas such as the Wynnstay Lane/Stancliffe Avenue/Pistyll Hill/Hoseley Lane area of Marford must not be spoilt by insensitive developments … ‘. I am satisfied that the proposed redevelopment of these two plots with two 1½ storey properties, in terms of scale and design, with the use of appropriate materials will be in keeping with existing properties and the Page No 73 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 locality in general. I consider that the proposal is in accord with the sentiments detailed above in relation to UDP Policy H2. I am also of the opinion that sufficient amenity distances are achieved between the front elevations to the two proposed properties and those facing the site – 34 and 36, Stancliffe Avenue. In summary, all amenity distances have been maintained or improved (30m+). I am satisfied that the proposal will not have an adverse impact upon local residents or the area in general. I have conditioned the submission of materials for further approval. The boundary treatment to the proposed development will be important within the context of the street scene and I have attached a condition ensuring the submission of a landscape scheme which must also demonstrate the retention of the existing hedge to the frontage of both properties. I have attached a standard condition restricting the hours of construction work. Highways: There are no objections to the proposal on highway grounds. The proposed development is located on Stancliffe Avenue, which is an unclassified road subject to a 30mph speed limit. However, it is estimated that typical vehicle speeds being around 20 – 25mph given the geometry of the road along this section of Stancliffe Avenue. Parking provision at the proposed development site is adequate for both dwellings. The proposed redevelopment of the site uses the existing accesses. Conclusion: I consider that the proposal remains in accord with Wrexham Unitary Development Plan policies and Local Planning Guidance Notes. I do not consider that the development will have an adverse impact upon local residents or the area in general. 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. 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. The existing boundary hedge to the frontage boundary shall be retained and included within the conditioned landscape scheme. 6. 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 Page No 74 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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. 7. 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 carried out in accordance with guidance contained in Section 13 of the current BS 5837 A guide for Trees in Relation to Construction - Recommendations. 8. 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 unless otherwise approved in writing by the Local Planning Authority. 9. No trees either existing or planted in accordance with this or a previous permission shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged. 10. 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 07:30 and 19:30 (Monday to Friday) and 08:00 to 14:00 (Saturday) and at no time on Sundays or Bank Holidays. 11. Parking and turning facilities as shown on the approved plan (Drawing No 2189/2 Jan 2008) shall be provided and retained and shall be completed prior to the proposed development being brought into use. 12. No part of the development shall be commenced until a dust management scheme has been submitted and approved, in writing, by the Local Planning Authority. The approved measures of dust management shall be implemented throughout the development of the site. 13. Foul water and surface water discharges must be drained separately from the site. 14. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system. 15. No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system. 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 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. Page No 75 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 6. To protect trees which are of significant amenity value to the area. 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 protect the amenities of the occupiers of nearby properties. 11. To ensure that adequate parking facilities are provided and maintained within the curtilage of the site in the interests of the free flow of traffic, highway safety and the amenities of the locality. 12. To minimise the potential to cause nuisance by way of dust due to the close proximity of residential properties. 13. To protect the integrity of the public sewerage system. 14. 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. 15. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 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. Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information". 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. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. Page No 76 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 The burning of waste materials arising from the demolition/construction phase of the development shall be prohibited including the burning of cleared vegetation. You should be aware that the Council has the option to control site noise by means of a Control of Pollution Act 1974, Section 60, Notice, where deemed necessary. _____________________________________________________________________ Page No 77 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0175 COMMUNITY: Chirk WARD: Chirk South LOCATION: LAND AT FORMER RIDGEWAY LODGE CHIRK GREEN CHIRK WREXHAM DESCRIPTION: OUTLINE APPLICATION FOR ERECTION OF THREE BEDROOM DETACHED DWELLING WITH DETACHED GARAGE. DATE RECEIVED: 19/02/2008 CASE OFFICER: PF AGENT NAME: BLUE PRINT PLANNING & DESIGN LTD APPLICANT(S) NAME: P WILLIAMS _____________________________________________________________________ SITE Settlement limit Application site 2 no. previously approved dwellings (see below) PROPOSAL Outline application for the erection of 1 no. dwelling with all matters reserved for future approval. Page No 78 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 HISTORY CB 164 P/2002/1021 P/2004/0207 P/2005/0573 P/2005/1105 P/2007/0120 Erection of 2 No. bungalows Outline application for demolition of existing social club and redevelopment for residential use of 5 No. dwellings Demolition of existing social club, outline application for erection of 2 No. dwellings and alteration to existing vehicular access Landscape works in connection with Outline application No.P/2004/0207 Erection of 4 bedroom detached dwelling with detached double garage and alteration to existing vehicular and pedestrian access Erection of 5 bedroom dwelling Granted Refused 04/06/1996 11/11/2002 Granted 05/04/2004 Granted 11/07/2005 Granted 31/10/2005 Granted 02/04/2007 DEVELOPMENT PLAN Outside settlement limit. Policies PS1, PS2, GDP1 and H5 apply. CONSULTATIONS Community Council: Local Member: Other representations: Highways: Public Protection: Environment Agency: Welsh Water: Site Notice: No objection Request application be put to committee. 4 neighbouring occupiers notified. 2 letters of objection received raising the following concerns: The only land that could be developed was the site of the former lodge club. A two storey development would impact upon the character of the area. No objection subject to satisfactory visibility from a centralised access point. No objection Standard advice applies. No objection subject to conditions. Expired 19.03.2008 SPECIAL CONSIDERATIONS Background: The site forms part of the former Ridgeway Lodge Social Club. The adjoining site was granted approval for two dwellings on the basis of an inspector’s report following refusal for five dwellings on the site. In dismissing the appeal the inspector noted that if any development were allowed it should be limited to the footprint of the former social club building (as previously developed land), to a suggested maximum of two units and the remainder of the site devoted to landscaping. Policy: The site lies outside the Chirk settlement limit and as such is defined as open countryside. Any proposals for residential development would need to conform to the Page No 79 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 criteria set out in policy H5 of the UDP. H5 only permits new housing in the open countryside in special circumstances. It is designed to prevent new housing in the form of isolated dwellings, the consolidation of sporadic groups, or the extension of urban development in the countryside as it would result in a loss of visual quality and landscape character. This proposal is not consistent with any of these criteria and on this basis I recommend that the application be refused for the following reason. RECOMMENDATION That permission be REFUSED REASON(S) 1. The site lies outisde any defined settlement limit. The Council considers that to allow this proposal would intensify the number of isolated dwellings in the open countryside. This would undermine and be contrary to the principles of policies PS1 and H5 of the Wrexham Unitary Development Plan. _____________________________________________________________________ Page No 80 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0176 LOCATION: 21 CHESTER ROAD GRESFORD WREXHAM DATE RECEIVED: 19/02/2008 COMMUNITY: Gresford DESCRIPTION: ERECTION OF DWELLING AND GARAGE AND ALTERATIONS TO EXISTING DWELLING CASE OFFICER: JGK WARD: Gresford East & West APPLICANT(S) NAME: MR & MRS B BELLAMY AGENT NAME: MR & MRS B BELLAMY _____________________________________________________________________ THE SITE Application Site PROPOSAL As above. RELEVANT HISTORY P/2002/1208 Outline application for the erection of 1 detached dwelling. Granted 06.01.03. P/2003/0443 Change of use from residential to commercial use (Hair and Beauty Salon). Refused 23.05.03. Page No 81 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 P/2003/0602 Change of use from residential to financial consultants on the ground floor and office suite on the first floor. Withdrawn 01.07.03. P/2003/0991 Change of use from residential to commercial A2 professional / financial. Refused 14.10.03. P/2003/1291 Change of use from residential to professional finance. Pending. P/2005/0325 Conversion of ground floor to A1 retail, first floor flat and extension. Withdrawn 19.12.05. P/2005/1444 Conversion of ground floor to restaurant and wine bar and extension to form retail unit, first floor flats and extension. Withdrawn 18.10.07. P/2007/1049 Alterations and extensions to existing house to form 2 no additional dwellings (3 dwellings in total). Withdrawn 18.10.07. DEVELOPMENT PLAN Within the settlement limit. UDP Policies PS1, PS2, GDP1, H2 and T8. Local Planning Guidance Notes 16 – Parking Standards, 20 – House Extensions and 21 – Space around Dwellings. CONSULTATIONS Community Council: Local Member: Public Protection: Highways: Welsh Water: Environment Agency: Wrexham Access Group: Site Notice: Adjoining Occupiers: Notified 21.02.08. Notified 21.02.08. Notified 21.02.08. The proposed development will share an existing access located on the B5445 Chester Road - a busy classified road subject to a 30mph speed limit. Visibility is adequate in both directions. Add condition to ensure adequate pedestrian visibility. Parking and turning provision is adequate. Add conditions to protect the public sewerage system and Notes to Applicant. Outside scope of matters for Environment Agency. Standard Guidance Note for developers applies Notified 21.02.08. Expired 15.03.08. Notified 06.03.08. SPECIAL CONSIDERATIONS/ ISSUES Background: In 2003 planning consent was granted for the erection of a single dwelling. There have also been a number of applications in recent years seeking to the change the use of the existing property to commercial and/or office use/s – these have either been withdrawn or refused. An application to alter and extend the existing property to form 2 no additional dwellings was withdrawn in 2007. Concerns were then expressed by the Community Council and local community regarding the increase in vehicular movements in a busy area, on a busy road, lack of parking and close to a frequently used pelican crossing. Highway advice recommended refusal due to restricted visibility, conflict of traffic movements close to the pedestrian crossing and inadequate provision for parking and turning of vehicles. Page No 82 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 The current proposal is to revert back to the previously approved erection of a single dwelling and provision of a single storey rear extension to the existing property. Policy: UDP Policy H2 states that residential development within settlement limits will be permitted subject to compliance with Policy GDP1. Accordingly, there are no policy objections to the principle of new residential development or alterations to the existing property. However, UDP Policies PS2 and GDP1 together with Local Planning Guidance Notes 7 – Landscape and Development, 16 – Parking Standards and 21 – Space around Dwellings list criteria for consideration when processing detailed applications for housing development and I comment on these as follows: Design and Amenity: I am satisfied that the proposed alterations to the existing property - a single storey rear extension to provide kitchen/dining area - in terms of scale and design, is in keeping with the existing property and the locality and the suggested use of matching materials is also appropriate. The proposed redevelopment of the vacant plot with a 2½ storey property is appropriately designed and of a scale in keeping with the existing adjacent property. Again, this proposed property would use appropriate materials in keeping with the existing property (condition attached to ensure this is the case). I am satisfied that both the alterations to the existing property and the addition of the proposed dwelling will not have an adverse impact upon local residents or the area in general. I have conditioned the submission of materials for further approval. The northern and western boundaries will have 1.85m screen fencing. The existing stone wall, railings and stone pillars to gateway will be relocated along the front boundary to improve visibility and retain an attractive frontage to the site. The boundary treatment to the proposed development will be important within the context of the street scene and I have attached a condition ensuring the submission of a landscape scheme. It must demonstrate the retention/replacement of the stone wall and pillars, the possibility of retaining boundary trees and details of additional proposed planting and hard surfacing. There are no issues of overlooking. I have attached a standard condition restricting the hours of construction work. Highways: The proposed development will share an existing access located on the B5445 Chester Road which is a busy classified road subject to a 30mph speed limit along this section. Visibility is adequate in both directions. However, given the significant number of pedestrians that use the footway fronting the development site, I have attached a condition to ensure that the proposed shared access provides adequate pedestrian visibility. This will require the lowering of the existing 1.5m high stone pillars / railings either side of the access – this will have to be addressed carefully to take account of requirements to improve the street scene (see earlier comments). Parking and turning provision is adequate. Conclusion: I consider that the proposal as detailed above is in accord with Wrexham Unitary Development Plan policies and Local Planning Guidance Notes. I do not consider that the development will have an adverse impact upon local residents or the area in general. Page No 83 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 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. 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. No facing or roofing materials shall be used other than materials matching those used on the existing building. 6. The existing stone wall and stone pillars shall be retained/replaced along the frontage to the site and details included within the conditioned landscape scheme. 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. 8. 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 carried out in accordance with guidance contained in Section 13 of the current BS 5837 A guide for Trees in Relation to Construction - Recommendations. 9. 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 unless otherwise approved in writing by the Local Planning Authority. 10. No trees either existing or planted in accordance with this or a previous permission shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged. 11. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Page No 84 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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). 12. 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 07:30 and 19:30 (Monday to Friday) and 08:00 to 14:00 (Saturday) and at no time on Sundays or Bank Holidays. 13. Parking and turning facilities as shown on the approved plan (dated November 2007) shall be provided and retained and shall be completed prior to the proposed development being brought into use. 14. No part of the development shall be commenced until a dust management scheme has been submitted and approved in writing by the Local Planning Authority. The approved measures of dust management shall be implemented throughout teh development of the site. 15. Foul water and surface water discharges must be drained separately from the site. 16. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system. 17. No land drainage run-off will e permitted, either directl or indirectly, to discharge into the public sewerage system. 18. The proposed shared access shall provide pedestrian visibility splays of 2.4 x 3.3m in both directions measured from the back of the footway in which there shall be no obstruction in excess of 0.6m in height. 19. The proposed shared access shall be a minimum width of 4.5m. 20. The proposed access shall be surfaced using hard bound materials for the first 5m behind the highway boundary with no gates being erected. 21. No private surface water run off shall be permitted to flow onto the adjoining highway. An Aco drain or similar shall be constructed across the proposed shared access. 22. The proposed shared access shall provide pedestrian visibility splays of 2.4 x 3.3 m in both directions measured from the back of the footway in which there shall be no obstruction in excess of 0.6m in height 23. The proposed shared access shall be minimum of 4.5m. 24. The proposed access shall be a surfaced using hardbound materials for the first 5m behind the highway with no gates being erected 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 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To protect trees which are of significant amenity value to the area. Page No 85 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. 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. 12. To protect the amenities of the occupiers of nearby properties. 13. To ensure that adequate parking facilities are provided and maintained within teh curtilage of the site in the interests of the free flow of traffic, highway safety and the amenities of the locality. 14. To minimise the potential to cause nuisance by way of dust due to the close proximity of residential properties. 15. To protect the integrity of the public sewerage system. 16. 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. 17. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 18. To ensure that adequate pedestrian is provided at the proposed point of access to the highway. 19. To ensure the formation of a safe and satisfactory access. 20. To ensure that no deleterious material is carried onto the highway and to ensure the formation of a safe and satisfactory access. 21. In the interests of highway safety. 22. To ensure adequate pedestrian is provided at the proposed point of access to the highway. 23. To ensure the formation of a safe and satisfactory access. 24. To ensure that no deleterious material is carried onto the highway and to ensure the formation of a safe and satisfactory access. 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. Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information". 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 Page No 86 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. The burning of wste materials arising from the demolition/construction phase of the development shall be prohibited, including the burning of cleared vegetation. You should be aware that the Council has the option to control site noise by means of a Control of Pollution Act 1974, Section 60, Notice, where deemed necessary. _____________________________________________________________________ Page No 87 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0192 COMMUNITY: Cefn WARD: Cefn LOCATION: LAND ADJACENT TO ROSE COTTAGE OAKFIELD ACREFAIR WREXHAM DESCRIPTION: OUTLINE APPLICATION FOR THE ERECTION OF 1 NO. DWELLING AND CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS DATE RECEIVED: 25/02/2008 CASE OFFICER: LB1 AGENT NAME: GARRY & JO-ANN EVANS APPLICANT(S) NAME: GARRY & JO-ANN EVANS _____________________________________________________________________ SITE Plot of land adjacent to Rose Cottage, on site of dismantled railway line. Application site Site protected by Council Page No 88 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL Outline application for the erection of 1 no. dwelling and construction of new vehicular and pedestrian access. HISTORY None relevant. DEVELOPMENT PLAN Within settlement limit, GDP1, PS2 and Guidance Notes 20, 21 & 16. CONSULTATIONS Community Council: Local Member: Environment Agency: Welsh Water: Public Protection: HSE: Supports application. Cllr Coleman Supports application. Cllr Moysen notified No objection in principle but note that the site is located close to a former landfill site and advises that the developer is made aware of this. No objection but request conditions are placed on any permission. No objection subject to conditions. Does not advise against the granting of permission. Consulted 26/02/08. objects One letter of objection received raising the Highways: Llangollen Railway Society: Other representations: following points: The lane to access the site is used everyday by school children going to and from Acrefair School and to the new playground. Increased traffic would create safety concerns. The new property could create overlooking to the neighbouring property which has living room and bedroom windows to the rear. Led to believe that the Llangollen railway line was protected and that no buildings would be allowed here. Site Notice: Expired 20/03/08 SPECIAL CONSIDERATIONS The site: The land is not allocated for retention for possible reinstatement of a railway and no other section of the line in this area has been allocated for retention. Whilst I am aware that the Council protected the route when its own application for housing adjacent to Llangollen Rd/ Chapel Street was considered, there is no policy in the UDP nor in any informal document. Part of the dismantled railway route within Acrefair has been allocated under Policy T10 as a designated footpath, however this does not link in with this site. Page No 89 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 The neighbouring properties are all bungalows and given the fact that the site is raised some 1.5 metres above the adjacent ground a two-storey property would be out of keeping in this location and a bungalow would be more appropriate. Highways: The plot of land is accessed from a private road that currently serves four other properties. It is considered acceptable for this road to serve an additional dwelling. There is adequate turning space in front of the site and it would appear that there is adequate space within the site for the provision of parking spaces adjacent to a dwelling. Public Protection: The Health & Safety Executive have indicated that they do not advise against the proposal. As the site lies on the site of a former railway and adjacent to a former landfill site there is potentially contamination concerns that would need to be addressed prior to the commencement of any development. Amenity: To the north of the site is a bungalow; to the south lies Acrefair School. As the site lies higher than the neighbouring land there is the potential for overlooking to be created. However careful siting of the property and provision of land levels could overcome this. As the neighbouring properties are all bungalows a two storey property would be out of keeping in this location. I therefore recommend that a condition be added limiting the property to a single storey dwelling and that a full survey of the levels of the plot and surrounding land be submitted with the reserved matters application. Conclusion: I understand the wish of the Railway Society to protect the route but in the absence of a policy or a commitment from the Society, I have no power to recommend refusal on that ground. I am satisfied that it is possible to construct a property that will not create overlooking to neighbouring land. The site lies within the settlement limit on an unallocated site and will not obstruct a designated right of way. P/2008 /0192 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 external appearance of the building(s) c. the means of access to the site and building(s) d. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are 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. Foul water and surface water shall be drained separately from the site. Page No 90 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 5. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otehrwise approved in writing by the Local Planning Authority. 6. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. 7. Development shall not begin on site until a scheme to deal with potential contamination at teh 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. 8. Details of the land levels at the site shall be submitted as part of the Reserved Matters application. 9. The reserved matters application shall include a detailed scheme of proposed and existing boundary treatments. The scheme as approved shall be implemented prior to the first occupation of the dwelling and thereafter retained unless otherwise agreed in writing by the Local Planning Authority. 10. The dwelling shall be a single storey dwelling. REASON(S) 1. To comply with Section 92 of the Town and Country Planning Act, 1990. 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 protect the integrity of the public sewerage system. 5. 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. 6. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 7. In the interests of the amenities of the future occupants of the buildings. 8. To allow full assessment of the proposal. 9. To ensure a satisfactory standard of appearance of the development. 10. In the interests of teh street scene and amenity of neighbouring properties. NOTE(S) TO APPLICANT If a connection is required to the public sewerage system, teh developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155. Further advice on compliance with Condition 7 may be obtained by contacting the Council's Environmental Protection Section on 813722. 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. Page No 91 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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. _____________________________________________________________________ Page No 92 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0197 LOCATION: JACLYN DOLYDD LANE CEFN MAWR WREXHAM DATE RECEIVED: 26/02/2008 COMMUNITY: Cefn DESCRIPTION: ALTERATIONS TO DORMER WITH GLAZED PANELS TO FRONT AND SIDE CASE OFFICER: SEH WARD: Cefn APPLICANT(S) NAME: MR M BOWEN AGENT NAME: MR M BOWEN _____________________________________________________________________ THE SITE Dormer Window PROPOSAL As above. HISTORY P/2007/0301 extension, dormer window & loft conversion. Granted 17.04.07 Page No 93 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 DEVELOPMENT PLAN Within settlement limit. UDP Policies GDP1 and PS2 apply. Local Planning Guidance Note No. 21 ‘Space around Dwellings’ is also relevant. CONSULTATIONS Community Council: Local Members: Other Representations: Site Notice: Supports this application. Councillor Coleman supports this application. Cllr Moysen notified One letter of objection received based on the following grounds: Overlooking into rear garden and habitable room windows of adjacent property; One letter of “no complaints”received. Expired 18.03.2008 SPECIAL CONSIDERATIONS/ISSUE Design and Residential Amenity: The proposed dormer window has its main window looking west. The application is partly in retrospect but despite being slightly larger than approved I consider it is acceptable in terms of scale and design, and does not overdominate the roof structure. It is of simple design, in keeping with the existing dwelling. It is also now proposed to have glazed panels (700mm wide) on both sides which will be obscure glazed and permanently fixed (secured by condition) to prevent any overlooking into the adjacent properties. Conclusion: The proposed development is acceptable in terms of local policy and does not negatively impact upon local residential amenity, or on the visual amenities of the area, 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. 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 proposed side glazing shall be permanently fixed, non-opening, obscure glazed only. 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 prevent the potential for overlooking. _____________________________________________________________________ Page No 94 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0200 LOCATION: THE ACTON PARK 110 CHESTER ROAD WREXHAM COMMUNITY: Acton DESCRIPTION: CASE OFFICER: FORMATION OF PATIO WITH PICKET PF FENCE TO FORECOURT AND INSTALLATION OF 1 NO. 4M SQUARE UMBRELLA. AGENT NAME: PETER HATHAWAY DESIGN LTD APPLICANT(S) NAME: MR N POLLARD MITCHELLS & MR PETER HATHAWAY BUTLERS RETAIL LTD WARD: Little Acton DATE RECEIVED: 27/02/2008 _____________________________________________________________________ SITE Site boundary Position of umbrella PROPOSAL Erect a 4 metre by 4 metre umbrella and create a patio area to the frontage of the pub on Chester Road. The site of the proposal is currently used for 2 no. disabled parking spaces. Page No 95 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 HISTORY Most recent and relevant. 24089 P/2000/1018 P/2000/1124 P/2001/0115 P/2001/0185 P/2001/0439 P/2001/0583 P/2000/1125 P/2007/0140 Entrance porch extension Demolition of existing conservatory, new single storey extension and entrance porch Erection of ‘Beacon’ structure Erection of beacon structure Display of signs Erection of 1 No. double sided free standing post sign Erection of 3 No. external lighting columns to car park (in retrospect) Lettering on beacon structure Draught lobby and covered shelter Granted Granted 29/2/1996 19/01/2001 Refused Withdrawn Granted Granted 09/04/2001 07/06/2001 20/04/2001 11/06/2001 Granted 15/08/2001 Refused Granted 09/04/2001 02/04/2007 DEVELOPMENT PLAN Site is within settlement. Policies GDP1 and PS2 apply. CONSULTATIONS Community Council: Local Member: Public Protection: Highways: Other representations: Site Notice: Consulted 27.02.2008 Notified 27.02.2008 Consulted 27.02.2008 Consulted 27.02.2008 5 neighbouring occupiers notified. 2 letters received : Increase in noise disturbance; Increase in anti-social behaviour Bedroom window is no more than 25 yards from proposed shelter. Increased noise from pub doors opening and shutting. The new proposal should be built to the rear of the pub where it would cause fewer nuisances. Expired 25.03.2008 SPECIAL CONSIDERATIONS Visual impact: The structure is proposed on the Chester Road frontage, one of the key routes into Wrexham town centre. The frontage is well screened by a boundary wall to the northern side and planting beds to the highway frontage. The height of the umbrella to its peak is 3 metres and is proposed in a blue colour. The picket fencing around the patio is proposed at a height of 1.2 metres. Given the boundary treatment to the frontage and a condition stating that the umbrella should be in a colour to match the building I do not consider any detrimental visual impact. Noise impact: The neighbouring property to the north, No. 112 Chester Road is a retail unit and No. 108 to the south is a derelict building with an extant permission for Page No 96 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 a change of use to offices. I do not consider any noise nuisance will be created to these properties. The properties on the other side of Chester Road are all residential. The closest property is 25 metres from patio area. The frontage of the public house currently has a limited number of benches for patrons. I acknowledge that the provision of the patio will encourage patrons to congregate outdoors, however, the site is separated by a busy main road and reasonably large distance between the residential properties. As part of any approval a temporary 12 month permission would be given, enabling the Council to monitor any impact as a result of the scheme. Other issues: The two no. disabled parking spaces displaced by the proposed scheme are to be relocated to the opposite side of the pub frontage. I have no reason to believe that this proposal would detrimentally increase traffic generation at the site. I have consulted highways and their response will be reported within the addendum. The submitted supporting information states that the proposed location of the patio to the frontage has been chosen to enable greater disabled access to outdoor facilities and to and improve an underused area of the site. Conclusion: The design of the patio area and umbrella will not have a detrimental impact on the appearance of the public house or the general street scene. I consider any impact on neighbouring properties will be minimal and I therefore recommend that a temporary permission be granted to monitor the level of impact. RECOMMENDATION That permission be GRANTED CONDITION(S) 1. The use of the patio and umbrella shall cease not later than 30 June 2009. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date. 2. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 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 details shown on the approved plan the umbrella shall only be coloured cream. 5. Prior to commencement of development the 2 no. disabled parking bays as shown on the approved drawing no. 607-03 shall be fully marked out and brought into use. REASON(S) 1. In order for the Local Planning Authority to assess the impact of the development given the proximity of the development to the residential properties along Chester Road. 2. To comply with Section 91(3) of the Town and Country Planning Act, 1990. Page No 97 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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. 5. In order to secure the satisfactory provision of facilities and access for disabled persons. 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. _____________________________________________________________________ Page No 98 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0202 COMMUNITY: Broughton WARD: Bryn Cefn LOCATION: PLOT 38 BROUGHTON HEIGHTS STATION ROAD PENTRE BROUGHTON WREXHAM DESCRIPTION: ERECTION OF DOUBLE GARAGE TO SIDE OF PREVIOUSLY APPROVED HOUSE TYPE 'G' DATE RECEIVED: 27/02/2008 CASE OFFICER: JS AGENT NAME: PARRY DAVIES PARTNERSHIP APPLICANT(S) NAME: MR GORDON MYTTON GORDON MYTTON DEVELOPMENTS LTD _____________________________________________________________________ THE SITE The site is located right at the end of a cul de sac, called Broughton Heights. Broughton Heights is a new housing development that is nearing completion. Proposed garage Plot 36 or No 73 Brooughton Heights PROPOSAL As above. The scheme is partly in retrospect because slab of garage has been constructed. Page No 99 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 RELEVANT HISTORY P/2005/0263 Erection of 69 houses. Granted 4.11.05 P/2006/1120 Substitution of 2 no. previously approved 'D' house type with 2 no. detached 'G' types. Granted 31.10.06. DEVELOPMENT PLAN The site lies within the settlement limits as defined in the Wrexham Unitary Development Plan. Policy GDP1 refers. CONSULTATIONS Community Council: Local Member: Site Notice: Other representations: Consulted 29.2.08 Notified 29.2.08 Expired 24.3.08 1 neighbours notified, raising the following: Own plot (ie plot 36) was partly purchased because it had extended views eastwards from back garden. The development will cause a loss of view, and therefore would object to any building that obscures the view. SPECIAL CONSIDERATIONS/ ISSUES Loss of view: Although the view may have been a reason as to why the plot was purchased by the occupants, it should be noted that the loss of a private view is not a material consideration. Also it should be noted that amenity separation distances in relation to the proposal are not an issue given the off set and detached position of the garage in relation to principle habitable windows at plot 36. Also the garage is 8m away from this side boundary, and the finished floor level of the new garage is quite a bit lower than the ground floor level of plot 36. The visual impact of the garage is limited by its single storey height, and its design is in context with the existing housing estate. /2008 /0202 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 garage shall be used only for a purpose incidental to the use of the property as a single dwelling house. Page No 100 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 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 garage is not used in a manner prejudicial to or likely to cause nuisance to occupiers of nearby properties. _____________________________________________________________________ Page No 101 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0203 COMMUNITY: Caia Park WARD: Whitegate LOCATION: 85 KINGSMILLS ROAD WREXHAM DESCRIPTION: ERECTION OF DETACHED DWELLING, DEMOLITION OF EXISTING DWELLING AND ERECTION OF PAIR OF SEMIDETACHED DWELLINGS. DATE RECEIVED: 27/02/2008 CASE OFFICER: MP AGENT NAME: MR G ROBERTS APPLICANT(S) NAME: MR S WILLIAMS _____________________________________________________________________ SITE As above. Approximate position of dwellings Page No 102 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 PROPOSAL The applicant is proposing to develop the site in two phases. The first phase would be the erection of a new four bedroom detached dwelling. Upon completion the existing property would be demolished and replaced by a pair of semi-detached properties. HISTORY 16419 P/2001/0352 P/2004/0958 P/2007/0266 P/2008/0820 Erection of 3 bedroomed detached house and alterations to existing vehicular access. Granted 26 July 1989. Erection of dwelling Granted 11.06.01 Outline application for the erection of one dwelling (Previously granted under Code No. P/2001/0352) Granted 6.9.2004 Demolition of existing dwelling and erection of 10 No. two bedroom apartments. Withdrawn. Demolition of existing dwelling and erection of 5 no. 2 bedroom apartments. Granted 3.9.2007 DEVELOPMENT PLAN Inside the settlement limit. Policies PS2, GDP1 and H2 apply. CONSULTATIONS Caia Park CC: Offa Community Council: Local Member: Adjoining LM: Public Protection: No objections No comments Notified 28.2.08 Notified 28.2.08 Recommend applicant is advised to put in place measures to minimise the development has during construction. Welsh Water: Recommend drainage conditions. Environment Agency: No comment. Standard advice applies. Highways: Notified 28.2.08 Lesley Griffiths AM: Commented on behalf of adjacent occupiers stating that the existing properties should not suffer from any future development in terms of privacy, by being overlooked, or loss of light. Other representations: 2 letters received expressing the following concerns: - All areas are being developed and existing residents are being hemmed in by further development; - Buyers would not want to purchase objectors property because the proposed development will hem in the house. She won’t get any return on her investment; - Worried about bird life and the affect the development will have upon habitat and loss of green spaces; - Don’t want anything back onto the boundary fence to obstruct her view; Page No 103 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 - Site Notice: Potential loss of daylight into rooms within the house and being overlooked by bedrooms; - Structures 2 metres nearer site boundary than existing house – just 39 inches from garden boundary. How will this affect light?; - The existing wooden fence does not mark the boundary, the stake fence beyond it does Expired 24.3.08 SPECIAL CONSIDERATIONS Background: Members will recall that the applicant previously proposed the demolition of the existing dwelling to allow its replacement by apartments. He no longer intends to pursue the development for which permission was obtained in September 2007 and intends to pursue a different development consisting of a pair of detached properties and a single detached dwelling. Design: The properties differ in appearance to the Victorian terrace properties to the east and north of the site, as well as the more recent properties that front onto Derby Road. They are of a fairly simple architectural style and are set further back from the highway boundary than the properties to the east. Nevertheless, viewing the site in the wider context of its locality, it is clear that there is no uniform design/character nor is there a clearly definable building line. The semi-detached properties differ in appearance from the proposed detached dwelling, however the architectural detail and overall character are similar. In addition the westerly semi-detached property incorporates a small two storey side extension not included on the adjoining property, allowing the former to be a 3 bedroom property, where as the latter is a 2 bedroom property. The differences between the properties will not detract from the appearance of the site and indeed will add interest to the development when viewed from Kingsmills Road. On the basis of the above I am satisfied that the design, appearance and siting of the dwellings within the site is acceptable. Amenity: With regards the properties located to the rear and west, the development accords with the standards set out in LPG21. The position of the detached dwelling will have some impact upon no.87 Kingsmills Road, with a lounge/dining room, bedroom and kitchen window being affected. With regards the lounge/dining room and bedroom window, I am satisfied that the due to the orientation of the proposed dwelling, there will be no unacceptable loss of light With regards to the impact on the kitchen, although the separation distances to the new dwelling do not accord with LPG21, it does not appear to be a principle habitable room. It is also worth noting that this window currently looks directly into the garden of the applicant’s property because the existing boundary wall is only around 1 metre in height. The outlook from this window could therefore be significantly altered by either the erection of a 2 metre wall or an outbuilding, either of which could be constructed as permitted development. The provision of additional boundary treatment would be desirable in the interests of protecting the amenity of existing and Page No 104 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 future occupiers in any case. I am also satisfied that the orientation of the proposed dwelling will ensure the proposals will not be unacceptably overbearing or result in an unacceptable loss of light. The detached dwelling does also have windows facing no. 87 Kingsmills Road. At ground floor these serve a WC, a hall (neither habitable rooms) and a kitchen (albeit a small secondary window). The impact of the kitchen window can be mitigated by effective boundary treatment. The two first floor windows do not serve habitable rooms. The proposed site plan indicates that two of the units will be provided with detached garages located towards the rear of the site, however no elevation details have been submitted. I am confident that the siting of these outbuildings will not harm the amenity of nearby occupiers (it is worth noting the applicant could construct them as permitted development at the moment in any case). Subject to details of their appearance being submitted I consider the provision of garages acceptable. A condition will be attached. Highways: Each dwelling will be provided with its own private driveway which will converge on a single shared access into the site. The layout makes adequate provision for parking/turning of vehicles. Conclusions: I am satisfied that the development accords with adopted policies. 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. 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. 5. 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 installed in the west-facing elevation of Unit 2 or the south-east facing elevation of Unit 1. 6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 the garage of unit 2 shall be used for no purpose that would preclude its use for the garaging of a private motor car. 7. Prior to the commencement of any demolition works on site, the following details shall be submitted for the further approval of the local planning authority: i. an audit of all existing building materials Page No 105 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 ii. the potential re-use and recycling of those materials for incorporating into an agreed, replacement site development, and iii. where relevant, the recipient of remaining building materials. The approved audit shall form part of the building contract agreed for new building development for the site, a copy of which shall be submitted for record purposes for the local planning authority. 8. The existing dwelling, known as 85 Kingsmills Road, shall be demolished within one month of the first occupation of unit 1. 9. Notwithstanding the details shown on the approved site plan, the detached garages shall not be constructed until full elevation details have been submitted to and approved in writing by the Local Planning Authority. The garages shall be constructed in accordance with the details as approved. 10. 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. 11. Within 3 months of the date of commencement of development on site, a scheme of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented prior to the first occupation of the apartments hereby approved. 12. The finished ground floor level of any dwelling erected under this permission shall not exceed that of the existing dwelling, no. 85 Kingsmills Road. 13. Foul and surface water discharges shall be drained separately from the site. 14. No surface water or land drainage run-off will be allowed to connect (either directly or indirectly) to the public sewerage system. 15. The access shall be provided with pedestrian visibility splays of 2.4 metres by 3.3 metres in both directions, within which there shall be no obstruction to visibility in excess of 0.6 metres in height. The splays shall be provided prior to the first occupation of the apartments hereby approved and thereafter maintained. 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 protect the amenities of the occupiers of nearby properties. 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 the development involves a sustainable approach. 8. To ensure a satisfactory standard of appearance of the development and in the interests of the future occupiers of Unit 1. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. Page No 106 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 11. To ensure a satisfactory standard of appearance of development and in the interests of the amenities of nearby occupiers. 12. To protect the amenities of the occupiers of nearby properties. 13. To protect the integrity of the public sewerage system. 14. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 15. To ensure the formation of a safe and satisfactory access. 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. Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information". 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. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. All works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 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 bonfires on the site, to include the prohibition of the burning of cleared vegetation. A dust management scheme shall be implemented on site to prevent dust nuisance from arising. The applicant should be advised that the sewerage undertaker responsible for the sewers into which the development will be connected is Welsh Water and not, as the application documents state, the Local Authority. _____________________________________________________________________ Page No 107 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0214 LOCATION: 63 VICTORIA ROAD WREXHAM DATE RECEIVED: 28/02/2008 COMMUNITY: Offa DESCRIPTION: INTERNALLY ILLUMINATED WALL MOUNTED DISPLAY UNIT CASE OFFICER: LB1 APPLICANT(S) NAME: MR MATT SWINDLES PRIMESIGHT LTD AGENT NAME: PRIMESIGHT LTD MR MATT SWINDLES WARD: Offa _____________________________________________________________________ SITE Victoria Wine Lodge, Victoria Road, Wrexham. Proposed illuminated advert PROPOSAL Internally illuminated wall mounted display unit. (1.31m x 1.905m approx 0.6m above pavement level. Page No 108 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 HISTORY None relevant. DEVELOPMENT PLAN Lies within settlement limit, GDP1, PS2, LPGN 1 apply. CONSULTATIONS Community Council: Local Member: Other representations: Site Notice: Object to the illumination element of this application as it is located in a residential area and will be a distraction to motorists. Consulted 03/03/08 Neighbouring properties notified 06/03/08 Expired 27/03/08 SPECIAL CONSIDERATIONS The site: The advert lies on the side elevation of the Victoria Wine Lodge facing the adjoining car park and garage. It does not face any residential properties. The advert display unit is currently in situ and the owners are suggesting it has been in place for an extended period of time. This application is for the internal illumination of the board. The shop has an illuminated fascia sign, which is illuminated during the hours of opening (9.00am to 10.00pm). Applicants submission: The agent has suggested limiting the hours of illumination of the advert to correspond with the opening hours of the shop and consequently the hours of illumination of the sign. Amenity: The illumination of the sign during the opening hours of the shop will have minimal impact upon the amenity of the nearby residential properties as this will mainly be during daylight hours. As the sign does not directly face any residential properties there will be no direct light to any residential windows. The display unit is illuminated in a manner that no direct light source will be visible to users of the adjacent highway and therefore there should be no distraction. Conclusion: Limiting the hours of illumination to the opening hours of the shop will restrict the illumination of the sign to that of the illumination of the fascia sign of the shop. This will minimise impact upon residential amenity and I therefore recommend accordingly. P/2008 /0214 Page No 109 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 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). 6. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 658 candelas/sq.m. 7. The advertisements shall not be illuminated before 9.00am and after 10.00pm. 8. No light source to any sign(s) hereby granted consent shall be directly visible to drivers of motor vehicles using the adjacent highway. 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. 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. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. In the interests of highway safety. 9. To minimise clutter and to avoid excessive display to the detriment of the visual amenities of the area. _____________________________________________________________________ Page No 110 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 APPLICATION NO: P/2008 /0237 COMMUNITY: Rhosddu WARD: Maesydre LOCATION: POWELL ROAD (A5152) WREXHAM DESCRIPTION: 12M MAST SUPPORTING 3 NO ANTENNAS PROVIDING 2G AND 3G COVERAGE, GIVING A TOTAL HEIGHT OF 14M AND 2 NO EQUIPMENT CABINETS APPLICANT(S) NAME: VODAFONE LTD DATE RECEIVED: 04/03/2008 CASE OFFICER: MP AGENT NAME: PATRICK FARFAN ASSOCIATES LTD _____________________________________________________________________ P/2008 /02 PROPOSAL Within an existing grass verge adjacent to school access. Application site Page No 111 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 HISTORY P/2005/0582 12m 'street works' monopole with a tri-sector antenna. Ground based equipment consisting of 1 no. equipment cabinet. Approved 7 July 2005. DEVELOPMENT PLAN Within the settlement limit. Policies PS2 and CLF8 are applicable. CONSULTATIONS Community Council: Local Member: Highways: Public Protection: Other representations: Site Notice: Object as they are of the opinion that the site is unsuitable for the siting of this mast and equipment, especially in view of the fact that there is a school in close proximity to the site and there is also a mast almost opposite to the site proposed. Members are extremely concerned at the proposal. Verbally mentioned his concern about the installation of this equipment. Notified 5.3.08 Notified 5.3.08 Notified 17.3.08 Expires 7.4.08 SPECIAL CONSIDERATIONS Background: This is a replacement of existing mast approved under P/2005/0582 on 7 July 2005. The proposed mast is marginally higher and will contain more antennae. Policy: There are no objections in principle to the proposal, however, it must comply with Wrexham UDP Policies PS2 and CLF8. Development Plan policies allow for the development of telecommunications facilities whilst ensuring that masts or installations are carefully sited to avoid or minimise any visual intrusion upon the landscape/townscape. National Guidance on telecommunications in Wales is contained in Planning Policy Wales Technical Guidance Advice Note (Wales) 19 – Telecommunications. The importance of providing an efficient telecommunication infrastructure is rightly considered crucial to the economic viability of Wales. However, advice goes on to state this provision must be made, avoiding adverse impact upon the environment. Wrexham UDP Policy CLF8 is as follows: “The development of telecommunications facilities and related infrastructure will be permitted, having regard to technical and operational considerations, where an appraisal has been carried out:(a) firstly, of the potential for sharing other masts and sites; if there is no potential (b) secondly, of the potential to use existing buildings and structures; if there is no potential (c) thirdly, of the potential to use other sites. Page No 112 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 The siting of any development should minimise the impact on the local landscape / townscape, and should comprise measures of mitigation of any adverse impact, as appropriate. This policy aims to facilitate the growth of new and existing systems whilst ensuring that masts or installations are carefully sited to avoid or minimise any visual intrusion upon the landscape/townscape. Site selection: The proposal is effectively an upgrade of the existing equipment on the site by way of the replacement of the existing mast and the provision of an additional equipment cabinet. The site was selected because it can provide the upgraded coverage the operator requires without requiring a new site. Pre-application consultation: Discussions took place with the planning department in February 2008. The operator also has a commitment, as identified in the Code of best Practice, to carry out consultation in accordance with a rating determined under the Traffic Light Model. This allows the site to be rated by the operator according to its likely sensitivity in terms of environmental, planning and community considerations and a plan is devised that sets out any additional consultation. The site has been rated as ‘Green’, whereby statutory consultation is considered adequate. The application has indicated that pre-application consultation took place with the Local Member and that no comments were received at the time of submission. Where a proposed installation is close to a school TAN19 makes clear that operators should consult with the relevant body of the school. The site is close Alexandra School, Park Avenue. The operator did not undertake any pre-application consultation with the school, however school has been notified as part of the Local Planning Authority consultation in connection with this application. The operator has therefore agreed to contact the school directly and request that the are copied in on any comments that the school intends to send to the Local Planning Authority. Given that the principle of telecommunications equipment being sited at this location has previously been accepted I consider this to be an acceptable way forward. I note the observations of the Community Council but this is a replacement mast. It is not an addition to the existing mast and is not located any closer to the school. Alexandra School has been notified and at the time of writing this report no objections have been raised by them. Health effects and public perception: The Welsh Assembly states in TAN 19 that the planning system is not the place for determining health safeguards. It remains the Government’s responsibility to decide what measures are necessary to protect public health. The Government and the Welsh Assembly have declared that applications for prior approval or planning permission for the type of development being proposed need to be accompanied with a declaration that the equipment will operate in full compliance with the International Commission on Non-Ionizing Radiation Protection ICNIRP guidelines. It is the Assembly’s view that were transmissions from a proposed base station would meet the ICNRP guidelines it should not be necessary for a local planning authority in processing an application to consider further the health aspects and concerns about them. The application documents include such a Declaration of Conformity with ICNIRP Public Exposure Guidelines. Page No 113 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 With regard to 'perception of risk', it is clear that this can be a material planning consideration. However, it must be weighed along with other considerations, including government policy guidance and the expertise of its independent advice. It also is clear that there must be some reasonable substance to those fears and totally unsupported fear should have very limited weight indeed. Whilst I accept the materiality of concerns about the health and well being of those who live in the locality, I consider that there is no basis in national policy for determining that prior approval is not required for that reason alone. A finding of 'no risk' can never be achieved with complete certainty in relation to anything and, in the absence of any widely-accepted demonstrable risk, we are left with perception. Perception of risk is a material consideration, but while it must be considered it is given little weight by Planning Inspectors and the Court in the decision making process where conformance with the ICNIRP guidelines is demonstrated. Siting and appearance: Policy CLF8 does not specifically cover the re-use of existing sites, however it does require telecommunications equipment to be sited and designed so as to minimise the visual impact. In this context I consider the main issue to be whether the current proposal will have a significant or detrimental impact compared to the previously approved installation. The new equipment cabinet will be similar in size and appearance to the existing one and will not prove obtrusive or harmful to visual amenity. The proposed mast will be similar in appearance to the existing one and will be the same height (12m). The new antennae will however be slightly larger than the ones previously installed meaning the combined height of the new installation will be 14.4 metres compared to 14 metres. I am satisfied however that the new installation will not have a significant additional impact so as to be harmful to the visual amenities of the surroundings. Conclusions: On the basis of the above I am satisfied that the proposals accord with policies PS2 and CLF8. Members are reminded that the local planning authority has 56 days, beginning with the date on receipt of the application, in which to notify its determination on whether prior approval is required to siting and appearance and to notify the applicant of its decision to give or refuse such approval. There is no power to extend the 56 day period. If no decision is made, or the local planning authority fails to notify the developer of its decision within the 56 days, permission is deemed to have been granted. The 56 day period expires on 28/04/08. RECOMMENDATION That delegated powers are granted to the Chief Planning Officer to approve the siting and design of the mast proposed in the above application following the expiry of the consultation period (7 April 2008) provided no representations are received raising issues not covered in this report. In the event that new matters arise, the Chief Planing Officer be authorised to deal with the matter following consultation with the Chair and Vice Chair. 37 _____________________________________________________________________ Page No 114 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 LIST OF DELEGATED DECISIONS ISSUED WRO P/2007/0548 GRANTED on 25/03/2008 WRR P/2007/1004 GRANTED on 25/02/2008 BRO P/2007/1115 GRANTED on 26/03/2008 1 Croesnewydd Road Wrexham LL13 7TB Listed Building Consent for external works Grove Road Health Centre Grove Road Wrexham LL11 1DY Erection of new clinic and associated administration building. BRYN SEION CHAPEL CLAYTON ROAD PENTRE BROUGHTON WREXHAM LL11 6BN LLA P/2007/1217 GRANTED on 27/02/2008 RHO P/2007/1309 GRANTED on 26/03/2008 GRE P/2007/1322 REFUSED on 13/03/2008 BRN P/2007/1446 GRANTED on 27/02/2008 WRA P/2007/1455 WITHDRAWN on 25/02/2008 OVE P/2007/1477 GRANTED on 04/03/2008 WRR P/2008/0002 GRANTED on 21/02/2008 WRR P/2008/0003 GRANTED on 07/03/2008 HOL P/2008/0011 GRANTED on 26/02/2008 LLA P/2008/0012 GRANTED on 26/02/2008 BRO P/2008/0017 REFUSED on 26/02/2008 WRR P/2008/0019 GRANTED on 20/03/2008 MAE P/2008/0021 REFUSED on 03/03/2008 ESC P/2008/0025 REFUSED on 06/03/2008 Ivy Cottage Singrett Hill Llay Wrexham LL12 0NS CONVERSION OF REDUNDANT CHAPEL INTO 3 NO. RESIDENTIAL UNITS, ASSOCIATED PARKING AND EXTERNAL WORKS Extension and alterations to dwelling. LAND ADJOINING INGLENEWKE NORTH ROAD PONCIAU WREXHAM LL14 1HF 71 Hillock Lane Marford Wrexham LL12 8YG ERECTION OF DETACHED DWELLING AND DOUBLE GARAGE HENRWST SMITHY HIGHER WYCH ISCOYD WREXHAM SY13 3AU 51 MILE BARN ROAD WREXHAM LL13 9LX LISTED BUILDING APPLICATION FOR CONTEMPORARY OAK FRAMED EXTENSION. EXTENSION TO SIDE AND REAR OF DWELLING. THE BROW WREXHAM ROAD OVERTON WREXHAM LL13 0HF ALTERATIONS AND REFURBISHMENT, AND ENTRANCE PORCH EXTENSION NORTH EAST WALES INSTITUTE PLAS COCH MOLD ROAD WREXHAM LL11 2AW NORTH EAST WALES INSTITUTE PLAS COCH MOLD ROAD WREXHAM LL11 2AW 1 MILLFIELD FRANCIS LANE HOLT WREXHAM LL13 9WJ NEW DISABLED RAMP AND EXTERNAL DOOR TO QUADRANGLE CARLTON GARDEN CENTRE PINFOLD LANE LLAY WREXHAM LL12 0TU LAND ADJACENT TO BRYN CELYN WREXHAM ROAD BRYNTEG WREXHAM LL11 6LD 19 CHESTER STREET WREXHAM LL13 8BG LOG CABIN RETAIL SHOP SELLING SWIMMING POOL EQUIPMENT/CHEMICALS AND DISPLAY AREA. OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (2 NO. DWELLINGS) WOOD FARM BREADEN HEATH HANMER WHITCHURCH SY13 2LQ 9 Y DDOL BERSHAM WREXHAM LL14 4HN Replacement roof structure and alterations to elevations. LISTED BUILDING CONSENT FOR DISABLED RAMP TO QUADRANGLE AREA. NEW INTERAL DOOR. ALTERATION TO FRONT FENCELINE CHANGE OF USE TO RESIDENTIAL PROPERTY MANAGEMENT AND LETTING OFFICE (A2). CONVERSION OF SWIMMING POOL TO DWELLING PROVISION OF DORMER TO PROVIDE BEDROOM IN ROOF SPACE Page No 115 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 GWE P/2008/0027 GRANTED on 27/02/2008 BRY P/2008/0033 GRANTED on 26/02/2008 LLA P/2008/0035 GRANTED on 10/03/2008 BRN P/2008/0038 GRANTED on 22/02/2008 HOL P/2008/0039 GRANTED on 10/03/2008 LAND ADJOINING GWYNFA RHOSROBIN ROAD RHOSROBIN WREXHAM LL11 4PG 8 MOUNT ISA DRIVE BRYMBO WREXHAM LL11 5DZ SUBMISSION OF RESERVED MATTERS FOR ERECTION OF 1 NO. DWELLING. UNIT 16, WARREN WORKSHOPS MINERS ROAD LLAY INDUSTRIAL ESTATE LLAY WREXHAM LL12 0PJ WESTWOOD REDBROOK MAELOR WHITCHURCH SHROPSHIRE SY13 3AF LAND AT WREXHAM GOLF CLUB HOLT ROAD WREXHAM LL13 9SB CHANGE OF USE FROM COMPUTER SHOP TO TAXI OFFICE TERRACED RETAINING WALL. CONSTRUCTION OF MANEGE 40M X 20M WITH 1-3M TIMBER POST AND RAIL FENCE. CHANGE OF USE OF LAND FROM AGRICULTURAL TO PITCH AND PUTT COURSE FOR JUNIOR GOLFERS (IN RETROSPECT) ERECTION OF 2 NO. TWO BEDROOM DWELLINGS. RHO P/2008/0043 GRANTED on 12/03/2008 WRC P/2008/0044 GRANTED on 25/02/2008 WRR P/2008/0045 GRANTED on 27/02/2008 LAND AT HIGH STREET RHOSLLANERCHRUGOG WREXHAM LL14 2LD 46 TOWER VIEW WREXHAM LL13 9BE ESC P/2008/0046 GRANTED on 28/02/2008 CHI P/2008/0047 GRANTED on 22/02/2008 ROS P/2008/0048 GRANTED on 17/03/2008 BRO P/2008/0049 GRANTED on 22/02/2008 BRONWYLFA ROAD LEGACY WREXHAM LL14 4HY TWO STOREY EXTENSION TO DWELLING TO PROVIDE BEDROOM WITH EN-SUITE AND SITTING ROOM AND SHOWER ROOM ON GROUND FLOOR. INSTALLATION OF 40 KVA GENERATOR AND ANCILLARY EQUIPMENT. 34 TELFORD RISE CHIRK WREXHAM LL14 5AJ SINGLE STOREY PITCHED ROOF EXTENSION TO PROVIDE UTILITY ROOM. ALLINGTON FARM BROAD LANE ROSSETT WREXHAM LL12 0ES EXTENSION TO DWELLING. FERNDALE GARDEN CENTRE BERSE ROAD CAEGO WREXHAM LL11 6TP MIN P/2008/0050 GRANTED on 12/03/2008 CAE ADAR FARM CAE ADAR LANE BWLCHGWYN WREXHAM LL11 5UE CEF P/2008/0052 GRANTED on 13/03/2008 ABE P/2008/0055 GRANTED on 27/02/2008 LAND IN FRONT OF NOS. 9 - 11 BODLYN ACREFAIR WREXHAM LL14 3HE LYAN PACKAGING SUPPLIES LTD CLYWEDOG ROAD SOUTH WREXHAM INDUSTRIAL ESTATE WREXHAM LL13 9XS 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). RELAXATION OF CONDITION NO. 7 OF PLANNING PERMISSION CODE NO. P/2005/0330 TO ALLOW USE OF COTTAGE FOR PERMANENT OCCUPATION (FULL RESIDENTIAL). CONSTRUCTION OF OFF STREET / ON STREET PARKING FACILITIES GLY P/2008/0056 GRANTED on 22/02/2008 22 FFORDD MEIRIONYDD WREXHAM LL11 2LG OFF STREET PARKING ERECTION OF STEEL FRAMED PORTAL BUILDING FOR STORAGE OF PACKAGING MATERIALS. ERECTION OF TELESCOPIC POOL ENCLOSURE. Page No 116 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 OVE P/2008/0057 REFUSED on 04/03/2008 CHI P/2008/0059 GRANTED on 26/02/2008 WRR P/2008/0060 GRANTED on 27/02/2008 DINAS HARAN 26 SALOP ROAD OVERTON ON DEE WREXHAM LL13 0EH ISAMBARDS LLOYDS LANE CHIRK WREXHAM LL14 5PY GLY P/2008/0061 GRANTED on 04/03/2008 ROS P/2008/0064 GRANTED on 26/02/2008 WRR P/2008/0067 GRANTED on 03/03/2008 MIN P/2008/0068 GRANTED on 12/03/2008 TAI'N Y MYNYDD BRONYGARTH OSWESTRY SHROPSHIRE SY10 7NT LAND ADJACENT TO LLIN ROSS LLYNDIR LANE ROSSETT WREXHAM LL12 0DE 5 HAMPSHIRE DRIVE WREXHAM LL11 2UT BRN P/2008/0069 GRANTED on 27/02/2008 UNIT 5A BROAD OAK BUSINESS PARK REDBROOK MAELOR WHITCHURCH SHROPSHIRE SY13 3AQ FRANKIE & BENNY'S UNIT B11A EAGLES MEADOW WREXHAM WRC P/2008/0071 GRANTED on 27/02/2008 WRC P/2008/0072 GRANTED on 18/03/2008 LLA P/2008/0074 GRANTED on 18/03/2008 CHI P/2008/0075 GRANTED on 03/03/2008 GRE P/2008/0077 GRANTED on 27/02/2008 WRR P/2008/0078 GRANTED on 27/02/2008 RUA P/2008/0079 WITHDRAWN on 07/03/2008 RUA P/2008/0080 GRANTED on 22/02/2008 BRO P/2008/0081 GRANTED on 17/03/2008 PLAS COCH PUBLIC HOUSE PLAS COCH ROAD WREXHAM LL11 2BW MINERA HALL MINERA HALL ROAD MINERA WREXHAM LL11 3YE ERECTION OF DWELLING AND GARAGING EXTENSION TO FORM KITCHEN AND LOUNGE / DINER AND CONVERSION OF EXISTING GARAGE. RELAXATION OF CONDITION NO. 4 OF PLANNING PERMISSION CODE NO. P/2006/1197 FOR RETENTION OF ALL WEATHER GARDEN SHELTER. ERECTION OF AGRICULTURAL WORKERS DWELLING. ERECTION OF 4 BEDROOMED DORMER BUNGALOW ERECTION OF CONSERVATORY CONVERSION OF EXISTING OFFICE BUILDING/FLAT INTO A FURTHER 2 APARTMENTS IN ADDITION TO THE 5 APARTMENTS ALLOWED IN RESPECT OF PLANNING PERMISSION P/2004/1112 DATED 13.01.04. CHANGE OF USE OF UNIT 5A FROM STORAGE OF MECHANICAL MACHINERY AND GARAGE EQUIPMENT TO B1/B8 USE. RESTAURANT SIGNAGE (TDA/1) FRANKIE & BENNY'S UNIT B11A EAGLES MEADOW WREXHAM RESTAURANT SIGNAGE (TDA/2) 9 HUNTERS WAY LLAY WREXHAM LL12 0RE SINGLE STOREY SHOWER ROOM EXTENSION THE CHERRIES HALTON CHIRK WREXHAM LL14 5BD EXTENSION TO REAR AND SIDE OF DWELLING 2 PANT OLWEN GRESFORD WREXHAM LL12 8ES ERECTION OF CONSERVATORY (IN RETROSPECT) 111 CRISPIN LANE WREXHAM LL11 2HS TWO STOREY EXTENSION TO REAR OF DWELLING AND DETACHED GARAGE MAES Y LLAN FARM MAES Y LLAN LANE RUABON WREXHAM LL14 6AD 18 VICARAGE FIELDS RUABON WREXHAM LL14 6LB CONVERSION OF REDUNDANT BARNS INTO 5 NO. DWELLINGS AND ERECTION OF 14 NO. DWELLINGS SINGLE STOREY AND TWO STOREY SIDE AND REAR EXTENSION. NEW DWELLING ADJOINING ERNDALE BERSE ROAD NEW BROUGHTON WREXHAM LL11 6TS CONSTRUCTION OF GARAGE (ADJOINING EXISTING GARAGE AT ERNDALE) Page No 117 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 WRR P/2008/0082 GRANTED on 29/02/2008 WRA P/2008/0083 GRANTED on 17/03/2008 LLR P/2008/0084 GRANTED on 03/03/2008 LLA P/2008/0087 GRANTED on 13/03/2008 WRR P/2008/0089 GRANTED on 17/03/2008 WRO P/2008/0091 GRANTED on 11/03/2008 ROS P/2008/0092 GRANTED on 27/02/2008 CEI P/2008/0093 WITHDRAWN on 18/03/2008 MAR P/2008/0094 REFUSED on 22/02/2008 GLY P/2008/0096 REFUSED on 29/02/2008 BRY P/2008/0098 REFUSED on 12/03/2008 GRE P/2008/0099 GRANTED on 13/03/2008 TYRE TREND RAILWAY ROAD WREXHAM LL11 2DL INSERTION OF 4 NO. WINDOWS IN ROOF SLOPE 2 BIESTON CLOSE WREXHAM LL13 9SZ EXTENSIONS TO BOTH SIDES OF DWELLING TO PROVIDE TWO EN-SUITE BATHROOMS AND SUN LOUNGE AND STUDY. EXTENSIONS AND ALTERATIONS TOGETHER WITH LOFT CONVERSION GLY P/2008/0101 REFUSED on 12/03/2008 MIN P/2008/0104 GRANTED on 18/03/2008 COE P/2008/0105 GRANTED on 10/03/2008 COE P/2008/0106 GRANTED on 18/03/2008 RHO P/2008/0113 GRANTED on 12/03/2008 GWE P/2008/0115 GRANTED on 12/03/2008 LAND ADJOINING ARFRYN OLD ROAD DOLYWERN, PONTFADOG LLANGOLLEN LL20 7AG ASHLEA MAESYFFYNNON ROAD MINERA WREXHAM LL11 3DE CRUD YR AWEL GATE ROAD FRONCYSYLLTE LLANGOLLEN LL20 7RH UNIT 9 AERIAL ROAD LLAY INDUSTRIAL ESTATE WREXHAM LL12 0TU REAR OF 1 - 2 HIGH STREET WREXHAM LL13 8HP CHANGE OF USE FROM LIGHT INDUSTRIAL TO M.O.T. TESTING & VEHICLE SERVICING. USE OF PREMISES AS RADIO BASE FOR TAXI CONTROL. KINGSTON VILLA 51 TALBOT ROAD WREXHAM LL13 7DY CUT DOWN AND REMOVE 2 NO. POPLAR TREES (WITHIN A CONSERVATION AREA). UNIT 2A/1B ROSSETT BUSINESS VILLAGE LLYNDIR LANE ROSSETT WREXHAM LL12 OAY TYN Y GERDDI TREGEIRIOG LLANARMON DC LLANGOLLEN LL20 7LA SMITHY COTTAGE SONTLEY ROAD SONTLEY WREXHAM LL13 0YW 2 WERNFADOG PONTFADOG LLANGOLLEN LL20 7AN PROVISION OF AIR CONDITIONING UNITS (IN RETROSPECT). THE SWALLOWS BRYMBO ROAD BWLCHGWYN WREXHAM LL11 5UA THE LAURELS PANT LANE GRESFORD WREXHAM LL12 8HB CONSTRUCTION OF SINGLE STOREY GLAZED SUN LOUNGE 2 PENYGELLI COURT COEDPOETH WREXHAM LL11 3RW GOLDEN LION INN TUDOR STREET COEDPOETH WREXHAM LL11 3RP 31 BANGOR ROAD JOHNSTOWN WREXHAM LL14 2SR 14 AVONDALE CRESCENT PANDY WREXHAM LL12 8EJ EXTENSIONS AND ALTERATIONS TWO STOREY EXTENSION CONSTRUCTION OF GARAGE. OUTLINE APPLICATION FOR THE ERECTION OF ONE SINGLE-STOREY DWELLING, CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS AND INSTALLATION OF SEPTIC TANK OUTLINE APPLICATION FOR ERECTION OF TWO-STOREY DWELLING RENEWAL OF PLANNING PERMISSION FOR TEMPORARY MOBILE HOME (PREVIOUSLY GRANTED UNDER CODE NO. P/2006/0906) GROUND AND FIRST FLOOR SIDE EXTENSION ERECTION OF OUTDOOR SMOKING SHELTER (IN RETROSPECT) KITCHEN EXTENSION ADDITIONAL WALLING AND REVISED ROOF PITCH (AMENDMENTS TO PLANNING PERMISSION CODE NO. P/2007/0885) Page No 118 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 MIN P/2008/0121 REFUSED on 12/03/2008 ROS P/2008/0122 GRANTED on 18/03/2008 CITY ARMS MINERA WREXHAM LL11 3DW MIN P/2008/0123 GRANTED on 07/03/2008 ISY P/2008/0125 GRANTED on 17/03/2008 WRR P/2008/0127 GRANTED on 13/03/2008 RHO P/2008/0128 GRANTED on 12/03/2008 WRA P/2008/0130 GRANTED on 12/03/2008 WRR P/2008/0131 GRANTED on 13/03/2008 GRE P/2008/0132 GRANTED on 13/03/2008 6 GWERN Y GASEG ROAD COEDPOETH WREXHAM LL11 3RE WESTWAYS BOWLING BANK ISYCOED WREXHAM LL13 9RY GRE P/2008/0134 GRANTED on 12/03/2008 ROS P/2008/0135 REFUSED on 18/03/2008 ROS P/2008/0141 REFUSED on 17/03/2008 WRR P/2008/0142 GRANTED on 17/03/2008 COE P/2008/0144 GRANTED on 18/03/2008 MAE P/2008/0145 GRANTED on 26/03/2008 GWE P/2008/0150 GRANTED on 10/03/2008 WRR P/2008/0152 GRANTED on 13/03/2008 CROSSLEY HOUSE PANT LANE GRESFORD WREXHAM LL12 8EY 2 RODENS CLOSE ROSSETT WREXHAM LL12 0EZ CERTIFICATE OF LAWFULNESS FOR EXISTING USE OF AGRICULTURAL LAND AS DOMESTIC GARDEN. CONVERSION OF GARAGE TO CREATE GROUND FLOOR STUDY AND UTILITY ROOMS TO NORTH SIDE OF DWELLING, CONVERSION OF EXISTING PORCH TO CREATE AN ENTRANCE LOBBY AND ADDITIONAL LEAN-TO PORCH TO FRONT OF DWELLING. CHANGE OF GARAGE FLAT ROOF TO PITCHED ROOF. KITCHEN & UTILITY ROOM EXTENSION 8 TY GWYN LANE WREXHAM LL11 2UA ERECTION OF LEAN TO CONSERVATORY 3 PLAS HAFAN JOHNSTOWN WREXHAM LL14 1RA SINGLE STOREY EXTENSION TO GABLE END OFF BOX LANE ACTON WREXHAM LL12 8BY NEW PEDESTRIAN ACCESS TO ACTON SCHOOL. 64 HAYTOR ROAD WREXHAM LL11 2PU SINGLE STOREY REAR EXTENSION WITH DETACHED GARAGE. 13 CHESTNUT CLOSE GRESFORD WREXHAM LL12 8ER TWO STOREY SIDE EXTENSION WITH CLOAKROOM, DINING ROOM AND UTILITY TO GROUND FLOOR WITH BEDROOM AND EN-SUITE TO FIRST FLOOR. GROUND AND FIRST FLOOR EXTENSION LOWER HONKLEY FARM STRINGERS LANE BURTON ROSSETT WREXHAM LL12 0AP LANGDALE CHESTER ROAD LAVISTER WREXHAM LL12 0DF RESIDENTIAL DEVELOPMENT FOR 5 NO TWO STOREY DETACHED DWELLINGS WITH DETACHED GARAGE ERECTION OF 1 NO. DWELLING (SUSTAINABLE CODE 3 ECO HOME). YALE COLLEGE GROVE PARK ROAD WREXHAM LL12 7AB SITING OF MOBILE ON A TEMPORARY BASIS. CROSS FOXES HIGH STREET COEDPOETH WREXHAM LL11 3RY YEW TREES ELLESMERE LANE PENLEY WREXHAM LL13 0LP PERGOLA FOR USE AS SMOKING AREA (IN RETROSPECT) WOOD COTTAGES TYN Y COED MOSS ROAD MOSS WREXHAM LL11 6HA 12 CASTLE CLOSE TY GWYN LANE WREXHAM LL11 2TS EXTENSION TO PROVIDE GRANNY FLAT. SINGLE STOREY EXTENSION TWO STOREY SIDE EXTENSION TO DWELLING Page No 119 REPORT OF THE CHIEF PLANNING OFFICER – 7 April 2008 GWE P/2008/0155 GRANTED on 18/03/2008 BRY P/2008/0156 REFUSED on 19/03/2008 BRO P/2008/0157 REFUSED on 18/03/2008 WRC P/2008/0166 GRANTED on 18/03/2008 WRR P/2008/0167 GRANTED on 17/03/2008 RUA P/2008/0174 WITHDRAWN on 25/03/2008 RUA P/2008/0180 GRANTED on 18/03/2008 WRA P/2008/0190 GRANTED on 26/03/2008 LLR P/2008/0254 WITHDRAWN on 25/03/2008 1 SUNNYACRE OLD MOLD ROAD GWERSYLLT WREXHAM LL11 4RH BRYN TIRION RUTHIN ROAD BWLCHGWYN WREXHAM LL11 5UU PATS COACHES SOUTHSEA ROAD SOUTHSEA WREXHAM LL11 6PP 10 MILLBANK RISE KINGSMILLS WREXHAM LL13 0YU SINGLE STOREY EXTENSION TO PROVIDE A THERAPY ROOM LANDSCAPE COUNTER BUILD CENTER CAMBRIAN WORKS STATION APPROACH WREXHAM LL11 2NY OLD BUILDERS YARD STATION TERRACE RUABON WREXHAM LL14 6DH BRIDGE END COTTAGE PONT ADAM RUABON WREXHAM LL14 6DY REPLACEMENT SIGNAGE 48 PARK AVENUE WREXHAM LL12 7AH GORFFWYSFA METHODIST HILL FRONCYSYLLTE LLANGOLLEN LL20 7SN LOFT EXTENSION AND ALTERATIONS CHANGE OF USE OF LAND FOR CAR PARKING IN CONNECTION WITH BUS DEPOT (IN RETROSPECT) TWO STOREY SIDE EXTENSION TO DWELLING ERECTION OF 2 PAIRS OF 3 BEDROOM SEMI DETACHED DWELLINGS. REMOVAL OF EXISTING EXTENSION AND CONSTRUCTION OF NEW EXTENSION, ALTERATIONS TO INTERNAL AND EXTERNAL FABRIC. TWO-STOREY REAR EXTENSION AND ERECTION OF DETACHED GARAGE OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (2 NO. DWELLINGS)