Page No 1
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Community
Code No
Applicant
Recommendation
Page No
CHI
P/ 2010/0952
GLYN VALLEY
TRAMWAY
MR DAVID COOPER
GRANT
3-17
BRN
P/ 2011/0402
D.J. HUXLEY
FARMS LTD
MR ROBIN HUXLEY
GRANT
18-23
BRO
P/ 2011/0670
MR ANDREW CASH
GRANT
24-38
GWE
P/ 2011/0709
S G ESTATES LTD
MR S GRIFFIN
GRANT
39-51
WRA
P/ 2011/0749
WREXHAM COUNTY GRANT
BOROUGH
COUNCIL
52-57
WRR
P/ 2011/0792
MR D JARVIS
GRANT
58-66
LLA
P/ 2011/0834
MRS MELANIE HALL GRANT
67-70
HOL
P/ 2011/0849
MR A THORNLEY
REFUSE
71-75
WRO
P/ 2011/0854
WALES & WEST
HOUSING
MR CRAIG
SPARROW
GRANT
76-89
GWE
P/ 2011/0857
R & B BIKES
MR R BOLTON
GRANT
90-93
WRC
P/ 2011/0872
MR ROBERT
STULIGLOWA
GRANT
94-96
GRE
P/ 2011/0875
MR T REESE
GRANT
97-107
WRA
P/ 2011/0881
MR NIGEL
ROBERTS
GRANT
108-112
WRA
P/ 2011/0890
MR NIGEL BURNS
GRANT
113-116
WRC
P/2011/0896
MR L DAVIES
GRANT
117-121
BAN
P/ 2011/0907
MR GARRY
MACKINLAY
GRANT
122-128
BAN
P/ 2011/0910
MR & MRS AINGE
GRANT
129-132
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
WRA
P/ 2011/0919
WREXHAM COUNTY GRANT
BOROUGH
COUNCIL
MR LAWRENCE
ISTED
133-139
WRC
P/ 2012/0025
WREXHAM COUNTY GRANT
BOROUGH
COUNCIL
140-142
Total Number of Applications Included in Report: 19
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 HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2010 /0952
LOCATION:
CHIRK STATION STATION AVENUE
CHIRK WREXHAM
DATE RECEIVED:
16/11/2010
LL14 5LT
COMMUNITY:
Chirk
WARD:
Chirk South
DESCRIPTION:
RE-INSTALLATION OF RAILWAY,
ERECTION OF STATION BUILDINGS,
OPERATION OF RAILWAY,
EXTENSION TO EXISTING
FOOTBRIDGE, REPLACEMENT
FOOTBRIDGE, CONSTRUCTION OF
PLATFORMS, EXTENSION TO
CADBURYS VISITORS CAR PARK
TO PROVIDE ADDITIONAL PARKING
FOR RAILWAY USERS, PROVISION
OF LAY-BY, ALTERATION TO
EXISTING VEHICULAR FIELD
ACCESS AND ACCESS TRACKWAY
AND OTHER GENERAL
ASSOCIATED ANCILLARY WORKS
CASE OFFICER:
KH
AGENT NAME:
GLYN VALLEY
TRAMWAY
MR DAVID COOPER
APPLICANT(S) NAME:
MR DAVID COOPER GLYN VALLEY
TRAMWAY
_____________________________________________________________________
THE SITE
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Proposed Chirk
Station
Proposed running
shed
Proposed
Pontfaen
Station
Route of
tramway
Proposed
car park
One mile reinstatement of tramway between Chirk Station at the western end
of Station Avenue, travelling south east running parallel with Station Road
before turning south west to run parallel with the B4500 (Chirk to Glyn Ceiriog
Road) until Pontfaen and then travelling east and ending at the proposed
Pontfaen Station, directly north of Chirk Fisheries.
PROPOSAL
Involves the re-opening of a section of the original Glyn Valley Tramway which
closed in 1935. A one mile section of tramway would be reinstated between
Chirk and Pontfaen. The proposal would include the laying of a narrow gauge
(2’ 6” gauge) railway, construction of a new building to provide covered
storage of railway rolling stock and to allow minor running repairs,
reconstruction of the original station building on the original site, a small
building at Pontfaen, construction of platforms, construction of parking
facilities and construction of a new level access to the GVT station, which will
have the dual purpose of providing disabled access to the mainline station.
HISTORY
None.
DEVELOPMENT PLAN
Car park, new station building at Chirk Station and alterations to the bridge
are within the settlement limit. The rolling stock building in close proximity to
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
the proposed rebuilt original station and small station at Pontfaen would be
within a Special Landscape Area. Proposals must also be considered in terms
of the World Heritage Site. Policies PS1, PS2, PS3, PS4, GDP1, EC5, EC6,
EC13, CLF7, T1, T8 of the Wrexham Unitary Development Plan refer. TAN 13
Tourism and PPW (2010) Chapter 11, particularly paragraphs 11.1.1. – 11.1.2
and 11.3.1. and 11.3.2. No policy objections.
CONSULTATIONS
Community Council:
Local Member:
Adj Community Council:
Adj Local Member:
Public Protection:
No objections
Notified 16.11.10
Consulted 25.11.10
Notified 25.11.10
No objections subject to conditions regarding noise
and disturbance.
Highways:
No objections subject to conditions regarding
parking, construction details of extended
footbridge, details of existing retaining walls along
sections of the track and full details of crossing
point at Pontfaen.
National Trust:
Supports application as a heritage project and new
building based on sound historical research.
British Waterways:
No objections subject to conditions – structural
assessment of the canal tunnel, investigations into
known and unknown tunnel construction shafts
and regime of inspections throughout the works.
Network Rail:
Consulted 25.11.10
Arriva Trains Wales:
Consulted 25.11.10
CADW (Historic Gardens): Consulted 25.11.10
CADW (Welsh Historic
Monuments):
Consulted 22.12.10
Welsh Water:
Consulted 16.11.10
Ramblers:
Consulted 25.11.10
Environment Agency:
No objections subject to any contamination or
ecology issues being addressed. Notes required
re. surface water run-off and culverting
watercourse.
CCW:
No objections on the basis of the submission of
appropriate surveys for protected species and
accompanying mitigation and compensation
conditions required.
Rights of Way:
Where railway crosses Chirk Footpath 18, the
railway should be fenced out from the footpath –
with self-closing pedestrian gales.
Boarding/surfacing at the same level as top of the
rail to enable level crossing.
CPAT:
No objections. The proposed restoration scheme
will primarily impact on the line of the late C19
Glyn Valley Tramway. The scheme will only have
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Shropshire CC:
Department for Culture,
Media and Sport:
Other Representations:
a moderate to slight indirect impact on the World
Heritage Site and nearby Chirk Castle parkland
and heritage assets.
The only direct impact would appear to be on the
foundations of the original GVT station building
and a watching brief will be required.
Consulted 22.12.10
Consulted 22.12.10
Two letters not objecting but one resident
requesting that double yellow lines should be
extended for the length of Station Avenue, as the
road is already busy and parking on the road
obstructs the movement of vehicles and the
proposal would compound problems. A second
resident welcomes the toilets but they will need to
be kept clean. Third letter raises a number of
concerns/objections:- The width of Station Avenue is already
substandard and in recent years traffic
movements have increased with National Trust
visitors, Caravan Club movements, Canal
Wood Industrial Estate, motorists looking for
the golf club, new residential development at
Telford Rise/Castle Walks, alterations to road
layout has seen traffic movements in relation to
Glyn Ceiriog travelling along Station Avenue
and Station Road and improved rail, bus and
taxi provision. The proposal would compound
congestion.
- Pedestrian provision in and around the site is
not ideal with a footpath of reduced width and
uneven on Station Avenue.
- Concern that because applicants have no longterm control over car park, if the company
closes parking no longer available.
- May not use car park but choose to park
indiscriminately on Station Avenue or Canal
Wood Industrial Estate Road, with increased
congestion, noise and disturbance.
- Access to and from site for wheelchair users
needs to be carefully considered and disabled
parking spaces need to be provided within the
car park.
- Existing footbridge over main railway appears
to be substandard.
- Access from extended footbridge down to
platform is described as long and narrow in the
accompanying statement.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Press Notice:
Site Notices:
Ramp needs to be acceptable.
Area already suffers from noise and pollution
and proposals will compound.
Expired 07.01.11
Expired 10.12.10
SPECIAL CONSIDERATIONS/ISSUES
Conservation: The proposals must be considered in terms of the impact
upon the setting of adjacent heritage assets and the outstanding universal
value of the World Heritage Site. In general terms the proposals will
undoubtedly bring economic benefits to the area and contribute to the wider
visitor experience. Additional pressure on existing parking and increased
traffic generation could potentially detract from the setting of the World
Heritage Site and the nearby Chirk Conservation Area, though the provision of
the additional car park at Cadburys will reduce any overall impact.
An archaeological assessment submitted with the application has measured
the value of the nearby cultural and heritage assets and the magnitude and
significance of the likely impact from the proposed development. I would
concur with the assessment that the proposal will have a limited impact. The
reconstruction of the track over the Scheduled and Listed Chirk tunnel would
require Scheduled Monument Consent.
In regard to the new structures, design of the new station building is based on
sound historical evidence and seeks to recreate the original building on the
original site, in terms of size and materials. The new rolling stock building will
have a greater impact given its scale and appearance (30m in length, 6m
width and an overall height of 6m – timber and corrugated sheet roof).
However, the building is set below the adjacent level of the road and with an
existing boundary hedge the impact will be significantly reduced. The building
at Pontfaen given its limited size will have a minimal impact on the rural
environment. The extension to the footbridge will be contemporary in design,
steel and glass to differentiate the structure from the original features and
reduce the visual impact on the stone arch bridge.
The scheme overall will have a positive impact on the surrounding area and
not compromise the integrity of the heritage assets.
Special Landscape Area: The new rolling stock building and small building
at Pontfaen will be located within a Special Landscape Area. The impact of
the rolling stock building will be minimised due to the building being at a lower
level to the adjoining carriageway and in close proximity to other station
buildings. Whilst existing trees will be lost to the rear (west) to the building,
new planting will help further integrate the building into the rural environment.
The structure at Pontfaen is of limited size and will be seen against a
backdrop of mature trees. I am satisfied the character of the Special
Landscape Area will not be compromised.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Highways: The main highways issues relate to the alteration to a field
access onto Hand Lane, a new footbridge extension across the main line,
parking provision and a pedestrian crossing point at the proposed Pontfaen
Station.
The proposed altered field access to the south of the road bridge at Chirk
Station will be utilised to transfer rail vehicles to road and vice versa. Whilst
the access cannot be improved significantly, the use is limited and would be
conditioned to the proposed limited use described in the application
documentation.
An additional car park will be provided with an extension to the Cadbury/Kraft
Visitors car park. A plan has been submitted to indicate the layout and will
provide 42 car spaces and parking and turning provision for 2 buses. This will
ensure adequate off street parking to avoid additional congestion and ensure
the free flow of traffic on Station Avenue. I am awaiting confirmation that they
will be able to maintain a long term interest in retaining the car park and a
planning condition will be required to ensure its long-term use.
There is no footpath on the road bridge across the railway at Chirk Station,
with consequently no safe level walking route, for users of the main line
station, to access the down platform or for general pedestrians to access the
canal or road to Chirk Castle. Entry to the site will be via an extension to the
existing station footbridge and a new footway to the north end of the down
platform. Visitors will enter the site on the original platform where they can
visit the rebuilt station. All walking routes within the site will be suitable for all
users and will have equal and convenient access to and from the station. A
planning condition will be required to deal with the structural aspects of the
bridge and the link to the footpath near the Canal Wood Industrial Estate.
Occasionally it will be necessary to provide a location where rail vehicles can
be transferred to road and vice versa. An existing field access on Hand Lane
to the south of the proposed station will be improved marginally but given the
limited use of the access highways are not objecting to its use.
A small station building and platform is proposed at Pontfaen, with the
intention of enabling passengers to disembark and to have access from the
train to Chirk Fisheries. However, this would involve pedestrians crossing the
B4500 (Chirk to Glyn Ceiriog Road) and the road has a 60mph speed limit.
Extensive discussions have taken place between the applicant and the
Highways Department to achieve a suitable scheme. Ramped access will be
provided from the proposed platform to the highway. Markings will be required
on the highway, with advanced flashing lights warning vehicles of the
likelihood of pedestrians crossing the highway. Subject to a condition requiring
the specific details, Highways have no objections to the proposal.
I am satisfied that from a highway perspective subject to being able to gain
long-term control over the car park and a number of planning conditions, the
proposal is acceptable.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Trees: A significant number of trees will be lost on the trackbed and adjoining
embankments, including an existing treeline on the western side of the
proposed new track directly to the south of the Hand Lane Bridge. However
an extensive planting scheme is proposed to provide new hedgerow and tree
planting to the rear (west) of the rolling stock building and a significant
scheme being proposed for Baddy’s Wood will mitigate the loss of existing
trees. A number of tree conditions are proposed.
Ecology: The site runs through Baddy’s Wood and consideration is required
of the impact of the proposal on the integrity of the habitat, the protection of
any European protected species and the potential for pollution of the water
environment, River Dee (SSSI) and Bala Lake (SAC). Trees are proposed to
be removed and adequate protection of trees to remain and compensation for
the lost trees will be required.
Various concerns had initially been raised by the council’s ecology section
and the Countryside Council for Wales. Additional surveys and reports have
subsequently been submitted to support the application to address the
concerns.
I am satisfied that given the majority of trees in the woodland, particularly
those along or adjacent to the route of the track are self seeded, none of the
trees requiring removal (within Baddy’s Wood) have the potential to support
saproxylic invertibrates, which rely on decaying and dead wood.
There is no evidence of otters and it would be unlikely for otters to leave the
route of the river across the B4500 (Chirk to Glyn Ceiriog). Where daytime
activity is common it is likely the otters would be nocturnal and construction
work and the operation of the tram would only be in daylight hours. Great
Crested Newts have been recorded within the vicinity of the Chirk Castle
Estate and whilst it is unlikely that newts would be present a Reasonable
Avoidance Scheme is proposed prior to works being carried out. Similarly
whilst no notable or protected species of birds were noted during survey of the
site, works will not be carried out during the nesting season.
A bat survey has been carried out which concludes that the majority of trees
offer no suitable roost areas which could be used by species of bat. Four
trees however have been identified as having potential for roosting and
mitigation measures will be required as part of the proposed works within the
area and an appropriate condition is attached.
I am satisfied that the detailed surveys and proposed mitigation measures
have demonstrated that the works will not compromise protected species or
general habitat. CCW have raised no objections to the proposal subject to
appropriate conditions.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Noise/Pollution: Concerns have been expressed that the proposal will
increase noise and pollution. A Noise and Disturbance Statement and
Pollution Statement accompany the application.
With regard to noise the statement covers construction noise, operational
noise, maintenance and road traffic. Control measures are proposed which
covers the hours the site is open (access to buildings, work within buildings
etc) 0800 to 1800 weekdays and 0900 to 1700 weekends, and standard public
opening hours 1100 to 1800 (when tramway is publically operating). Standard
operating days will be restricted to 160. Operations outside of the above
hours will be restricted to up to 12 additional days per annum when extended
hours will apply by agreement. Typical actual frequency within each day
would be – arrivals 6 per day – departures 7 per day (allowing for shunting at
end of day).
I am satisfied that given the restriction of hours, the number of operating days,
the frequency of movements and existing background noise levels, there will
be no significant impact on residential amenity.
Adequate measures are proposed with the application documentation to deal
with surface water run-off, waste water, potential sources of pollution, during
the construction phase and operational phase.
Conclusion: I am satisfied that the scheme is acceptable. The proposal will
undoubtedly bring economic benefits and will strengthen the existing tourism
appeal and contribute to the wider visitor experience. The proposal will not
compromise vehicular or pedestrian safety, with car park provision at the
Cadburys/Kraft site and Highways satisfied with the proposals to enable
pedestrians to cross from the Pontfaen Station to Chirk Fisheries. Ecological
surveys and proposed mitigation measures have demonstrated no harm to
species or habitat. Noise issues have been adequately addressed and given
the relatively limited number of trips in a day and existing background noise
levels I would not anticipate any significant impact on residential amenity. The
integrity of nearby cultural and heritage assets, including the World Heritage
site will not be compromised.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No part of the development shall commence 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.
Noise mitigation measures as detailed in the Section 3, Control
Measures of the Noise and Disturbance Statement, Document No 4.8, of the
approved documentation shall be fully implemented for the duration of the
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
operational phase of the development.
4.
No part of the development shall commence, until a structural
assessment of the Canal Tunnel has been undertaken to demonstrate the
proposed development will not adversely impact on the structure and
submitted to and approved by the Local Planning Authority. The assessment
shall include detailed consideration of the design of the works, methods of
construction and operational procedures of the completed development in the
zone of influence indicated on drawing 8161/01 and attached, along with a list
of specific key activities which before they are undertaken, will require specific
notification to British Waterways. Development shall be carried out strictly in
accordance with the details and timescales as approved, unless otherwise
agreed, in writing, with the Local Planning Authority.
5.
No part of the development shall commence until a scheme of physical
investigation to determine the presence and location of known/unknown
tunnel construction shafts and a scheme and timescale for the treatment of
any shafts and/or the protection of any shaft during construction work, within
the zone of influence indicated on the attached drawing 8161/01 has been
submitted to and approved, in writing, with the Local Planning Authority.
Works shall be carried out strictly in accordance with the details as approved
prior to the commencement of any construction works.
6.
No development shall take place within the zone of influence indicated
on drawing 8161/01 attached, until a programme of joint inspections by the
developers and British Waterways, to be undertaken pre-commencement of
works, during works and post completion of works, has been submitted to and
approved, in writing, by the Local Planning Authority. The inspections shall be
carried out in accordance with the programme agreed.
7.
Works shall be suspended immediately should any cracks or other
changes (not already identified and accepted during the inspections required
by condition 6) be discovered in the tunnel during the development works.
The developer should contact the Local Planning Authority to notify the
Authority of such cracks or other changes, to seek agreement of the Local
Planning Authority, with regard to appropriate investigation, remediation or
mitigation measures and the instigation of the approved measures.
8.
The developer shall ensure that a suitably qualified archaeological
contractor is present during the undertaking of any ground works in the
development area so that an archaeological watching brief can be conducted.
The archaeological watching brief will be undertaken to the standards laid
down by the Institute of Field Archaeologists. The Local Planning Authority
shall be informed, in writing, at least two weeks prior to the commencement of
the development, of the name of the said archaeological contractor. A copy of
the watching brief report shall be submitted to the Local Planning Authority
and the Development Control Archaeologist, Clwyd-Powys Archaeological
Trust, 7a Church Street, Welshpool, Powys, SY21 7DL, within two months of
the fieldwork being completed.
9.
Notwithstanding the approved details, no part of the development shall
commence until further details of the proposed vehicular parking and turning
facilities have been submitted to and approved in writing by the Local
Planning Authority. The facilities as are approved shall be fully laid out, prior
to first use of the development, and shall thereafter be permanently retained
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
and kept free of any obstruction, and made available solely for the parking
and turning of vehicles at all times.
10.
No part of the development shall commence until a scheme detailing
the following has been submitted to and approved by the Local Planning
Authority:a) Detailed layout, design, drainage and construction of the proposed
improvements to the footbridge.
b) A structural survey of on site retaining walls to include any required
remediation.
c) A report assessing on site slope stability to include any required
remediation.
d) Detailed layout, design and construction of the proposed Pontfaen
Crossing Point. The layout must ensure that the proposed ramp is sited a
minimum 1m from the back edge of the surfaced carriageway. The scheme
as approved shall be fully implemented prior to the first use of the
development.
11.
The use of the Hand Lane access shall be strictly limited in accordance
with the submitted document 4.12a - Replies to additional enquiries: Highways
dated 23 June 2011.
12.
Details of any proposed lighting along the length of the railway track
shall be submitted to and approved by the Local Planning Authority. Works
shall only be carried out strictly in accordance with the details as approved.
13.
The development shall be carried out in strict accordance with the
findings and recommendations and mitigation contained within the Additional
Ecology Report as carried out by Clwydian Ecology and dated January 2011
approved as part of the application. The mitigation measures hereby
approved shall be fully implemented in accordance with the timescales
contained within the documentation.
14.
The development shall be carried out in strict accordance with the
mitigation contained within the Tree Survey - Bats Report as carried out by
Clwydian Ecology and dated December 2011.
15.
A compliance audit shall be carried out by a qualified ecologist,
independently of the appointed principle ecologist, in accordance with details
which have been submitted to and approved in writing by the Local Planning
Authority. A copy of the completed audit reports should be submitted to and
approved in writing by the Local Planning Authority after each phase of
development.
16.
No equipment, machinery, plant or materials of any kind in connection
with the development shall be brought onto the site until tree protection
fencing and ground protection measures have been fully implemented. The
fencing shall consist of a scaffold framework in accordance with Figure 2 of
British Standard 5837:2005 comprising a vertical and horizontal framework,
well braced to resist impacts, with vertical tubes spaced at a maximum interval
of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with
wire or scaffold clamps. This fencing shall be erected at the extent of each
tree(s) Root Protection Area, as set out in British Standard 5837:2005 or as
shown as the Construction Exclusion Zone on the approved Tree Protection
Plan Ref. GVT/TPP/12/11/01 and GVT/TPP/12/11/02. Nothing shall be stored
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
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.
17.
The tree protection fencing and ground protection measures approved
in connection with condition no. 16 shall be kept in place until all external site
works have been completed and the removal of the fencing has been
approved in writing by the Local Planning Authority.
18.
The development shall be carried out in strict accordance with the
following plans and report(s) submitted and approved as part of this
application:
*1) Arboricultural Implication Assessment ref no. GVT/12/11/A1A
*2) Tree Protection Plan ref no. GVT/12/11/A1A
*3) Arboricultural Method Statement ref no. GVT/TPP/12/11/01 and
GVT/TPP/12/11/02
No development or other operations shall take place except in strict
accordance with the reports as approved.
19.
The following activities should not be carried out under any
circumstances:
1)No fires should be lit within 10 metres of the nearest point of the canopy of
any retained tree.
2)No works, including earth works and the bringing onto site of machinery or
materials shall proceed until the approved tree protection measures are put in
place, with the exception of the approved tree works.
3)No equipment, signage, fencing, tree protection barriers, materials,
components, vehicles or structures shall be attached to or supported by a
retained tree.
4) No mixing of cement or use of other materials or substances shall take
place within tree root protection areas or tree construction exclusion zones, or
close enough to these that seepage or displacement of those materials or
substances could cause them to enter tree root protection areas or tree
construction exclusion zones.
5) No alterations or variations to the approved works or tree protection
schemes shall be carried out without the prior written approval of the Local
Planning Authority.
20.
No part of the development shall commence until full details for the
arboricultural supervision of tree protection measures and any ground works
within retained tree(s) Root Protection Areas, as specified by BS5837:2005 or
as shown on a Tree Protection Plan have been submitted to and approved in
writing by the Local Planning Authority. The supervisory works shall be carried
out in strict accordance with the details as approved.
21.
Within three months of the commencement of development a
Woodland Management Plan, including long term management objectives,
management responsibilities and maintenance schedules for all areas either
containing existing woodland or to be planted as woodland shall be submitted
to and approved in writing by the Local Planning Authority. The woodland
shall be managed and maintained in strict accordance with the Plan as
approved.
22.
Prior to the commencement of development on site the contractor shall
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
give 10 working days written notice, to the Local Planning Authority, of a
meeting on site to review all work procedures, access routes, storage areas
and tree protection measures. The procedures shall be submitted to and
approved, in writing, by the Local Planning Authority and the development
shall be carried out in strict accordance with the details as approved.
23.
No part of the proposed car park on Station Avenue shall commence
until a detailed Arboricultural Method Statement has been submitted to and
approved in writing by the Local Planning Authority. No development or other
operations shall take place except in strict accordance with the Method
Statement as is approved. The Method Statement shall include the following:
1) A specification for tree protection fencing and ground protection measures
that comply with British Standard 5837:2005;
2) A Tree Protection Plan showing the location of the trees to be removed and
retained with their crown spreads, Root Protection Areas, Construction
Exclusion Zones, and location of protective fencing and ground protection
measures accurately plotted;
3) A full specification for any access, driveway, path, underground services or
wall foundations within retained tree Root Protection Areas or Construction
Exclusion Zone, including any related sections and method for avoiding
damage to retained trees;
4) Details of general arboricultural matters including proposed practices with
regards to cement mixing, material storage and fires;
5) Details of the frequency of supervisory visits and procedures for notifying
the findings of such visits to the Local Planning Authority;
6) Method for protecting retained trees during demolition works;
7) Details of all proposed tree works, including felling and pruning.
24.
Within three months of commencement of development, full details of a
soft landscaping scheme together with a timescale for implementation of
works shall be submitted to and approved, in writing, by the Local Planning
Authority.
25.
The landscaping scheme submitted and approved in connection with
condition no. 24 shall be fully implemented in all respects within the agreed
timescale and in strict accordance with the approved scheme.
26.
The landscaping scheme as carried out in connection with condition no.
25 shall be permanently retained. Any planting becoming severely damaged
or seriously diseased, or is in poor physiological condition and/or are removed
without the written permission of the Local Planning Authority shall be
replaced with trees or shrubs and within a timescale all to be submitted to and
approved in writing by the Local Planning Authority.
27.
Details of the proposed footpath to be provided alongside the road to
the Canal Industrial Estate, extending down to the north end of the existing
mainline rail platform, shall be submitted to and approved, in writing, by the
Local Planning Authority. Works shall be carried out strictly in accordance
with the details as approved prior to the first use of the development hereby
approved.
28.
The development subject to this permission shall not commence until
information has been provided to the Local Planning Authority, demonstrating
that the applicants have a legally binding agreement securing control over the
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
proposed parking provision or other appropriate alternative parking provision
in perpetuity.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
3.
To protect the amenities of the occupiers of nearby properties.
4.
To ensure that the design of the works, method of construction and
operational procedures will not cause any detriment to the structural integrity
of the tunnel.
5.
To inform the design details and appropriate mitigation measures and
to protect the structural integrity of the canal tunnel.
6.
To protect the structural integrity of the canal tunnel.
7.
To protect the structural integrity of the canal tunnel.
8.
The site is considered to be of considerable archaeological interest and
it is important that the opportunity created by the development to expose the
history of the land is not lost.
9.
To provide for the parking and turning of vehicles clear of the highway
and to ensure that reversing by vehicles into or from the highway is rendered
unnecessary in the interest of traffic safety and to ensure no harm to
protected trees.
10.
In the interests of pedestrian safety, users of the railway and the
vehicular safety of vehicles using the adjoining highways.
11.
In the interests of highway safety.
12.
In the interests of the general visual amenities of the area and to
ensure the lighting is bat friendly.
13.
To protect named species/habitats that would otherwise be
damaged/lost by the development hereby permitted.
14.
To protect named species/habitats that would otherwise be
damaged/lost by the development hereby permitted.
15.
In order to protect wildlife interests, which are afforded special
protection.
16.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
17.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
18.
To protect trees which are of significant amenity value to the area.
19.
To ensure that hard surfacing does not cause harm to retained trees in
the interests of visual amenity.
20.
To ensure the work is carried out to accepted arboricultural practices
for the long term well being of the tree(s).
21.
To ensure landscape features are properly considered and protected.
22.
To ensure that the works on the site properly take account of the future
health of the trees.
23.
To ensure the work is carried out to accepted arboricultural practices
for the long term well being of the tree(s).
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
24.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
25.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
26.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
27.
To ensure accessibility to all users and in the interests of pedestrian
safety.
28.
To avoid increased congestion on the surrounding highway network in
the interests of pedestrian and vehicular safety.
NOTE(S) TO APPLICANT
The applicant/developer is advised to contact Works Engineer, Barry Heaps
(01827252) in order to ensure that any necessary consents are obtained and
the works are compliant with the current British Waterways "Code of Practice
for works affecting British Waterways". There will be a cost to be met for this
work.
The applicant is advised that an agreement with British Waterways will be
required for pedestrian and cycle access to the canal towpath, access to the
shafts and tunnel for British Waterways and the applicant is advised that
permission would be required for any access to British Waterways land to
accommodate any demolition, excavation and construction works ie
scaffolding.
The applicant is advised that an agreement would be required for the erection
of foundations etc on British Watrways property.
British Waterways offer no right of support to the adjacent property. The
landowner should take appropriate steps to ensure that their works do not
adversely affect the canal infrastructure at this location.
Due to the potential for contamination issues as a result of historical industrial
use of the land covering the site and surrounding area, should any made
ground and/or contaminated land be identified during the works it would be
prudent to investigate the potential for such contamination and inform the
Council's Contaminated Land Officer immediately. Should you require any
advice on this issue please contact the Council's Environmental Protectio
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.
The submitted parking layout has been submitted for purely illustrative
purposes. The condition attached to provide a detailed scheme will need to
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
provide for disabled provision and provide an arboricultural method statement
to ensure boundary trees (subject of a TPO) are not harmed by the
development.
Treated foul water cannot be discharged into a watercourse without discharge
consent being granted by the Environment Agency.
Any newly installed treatment plant should comply with British Standard Code
of Practice for Design and Installation of Small Sewage Treatment Works and
Cesspools, BS6297.
You are advised that Scheduled Ancient Monument Consent will be requied
from CADW for works over the scheduled tunnel.
With regards to condition 8, the watching brief is in regard to the site of the
former station building.
The landscaping required by condition shall include hedgerow and tree
planting to the west of the proposed rolling stock building.
_____________________________________________________________________
Page No 18
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0402
LOCATION:
BANK FARM WHITCHURCH ROAD
LITTLE GREEN BRONINGTON
WREXHAM
DATE RECEIVED:
08/06/2011
COMMUNITY:
Bronington
SY13 2JN
CASE OFFICER:
KH
DESCRIPTION:
ERECTION OF BUILDING FOR
COMPOSTING SHED
WARD:
Bronington
APPLICANT(S) NAME:
MR ROBIN HUXLEY D.J. HUXLEY
FARMS LTD
AGENT NAME:
ANDREW GOUGH
DEVELOPMENT
CONSULTANT
MR ANDREW GOUGH
_____________________________________________________________________
THE SITE
Proposed
covered
composting
shed
The application site is located within the farm yard complex of Bank Farm.
The composting shed will be located at the rear of the farm yard behind
existing agricultural buildings on land that is currently hard standing. Access to
the farm in connection with this proposal will be obtained from the most
westerly of the three entrances serving the farm off the A525.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
Full planning application for the provision of a covered building to undertake
the composting of materials currently deposited on concrete and hard
standings. Positive surface water drainage will be provided to the proposed
building along with two proposed waste water holding tanks. Some tree
planting is also proposed as part of the development.
HISTORY
P/2000/0244
P/2002/1270
P/2010/0784
Conversion of obsolete farm buildings to offices and
storage (partly in retrospect) Granted 10/10/200
Erection of 15m microcell and ground cabinet
Approved 14/01/2003
Covered Manure Store. Granted 27/10/2010
DEVELOPMENT PLAN
UDP Policies PS2, PS3, PS4, GDP1, EC4, MW12, MW13
CONSULTATIONS
Community Council: Object:

Increased traffic on the A525

Traffic nuisance to neighbours

Noise nuisance from fans
Local Member:
Notified 09.06.11
Highways:
No objection provided there is no increase in traffic
movements associated with the proposal
Environment Agency:
Recommend bunding around waste water holding
tanks.
Public Protection:
Suggest condition and advice notes
Welsh Water:
Consulted 09.06.11
Other representations:
Two neighbour response letters raising the
following:

Concern that production quantities should
not exceed that stated in the supporting statement

Increased noise levels

Concern that composting operation will
become a commercial composting outlet in the
future

Request existing grain dryer be covered to
reduce noise

Request condition that no green waste be
processed in the future
Press Notice:
Expired 15.07.11
Site Notice:
Expired 07.07.11
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
SPECIAL CONSIDERATIONS/ISSUES
Background: This full planning application has been submitted by D.J.
Huxley Farms Ltd and seeks approval for the erection of a shed to facilitate an
existing composting process within the farm yard complex of Bank Farm,
Bronington, Whitchurch, SY13 2JN. Open air composting has occurred on the
application site at Bank Farm for the past 9 years, however recent changes in
Environment Agency legislation have designated the farm as being within a
Nitrogen Vulnerable Zone. As a consequence, all composting activities must
be conducted upon a concrete slab and under the cover of a structure to
prevent any leachate that may be produced entering sensitive water courses.
It should be noted that the application is for the erection of the shed as the
composting is a long established activity on the site.
Design: The proposed composting shed will be erected in the northern
section of the farm yard amongst the existing agricultural buildings in order to
minimise its visual impact on the surrounding environment. The proposed
shed will measure 54m x 36m giving a gross floor area of 1944m², it will have
a pitch height of 13.17m. All elevations will be cladded down to wall height
with green metal sheeting, the walls, approximately 4m in height will be
constructed from concrete blocks, while the roof will be covered with natural
grey cement fibre sheeting incorporating clear fibreglass roof lights. The
structure has been designed to fit in with the existing agricultural buildings
already present on the farm yard and natural colours have been utilised to
minimise visual impact.
Process: A maximum of 23,750 tonnes of waste will be imported to the site
for use in the composting process annually, materials include; wood waste,
dairy waste and broiler litter. Included in the total is 3,000 tonnes of Bio solids
from the Five Fords sewage treatment plant; however these are in a form that
can be spread directly onto the fields and will not be used in the composting
process. The large composting shed will allow for HGV’s to enter and deposit
their load directly into the building, thus reduced the need for double handling
of the material. The composting process takes place over a 12 week period,
the proposed composting shed will be split into 6 bays and material will spend
two weeks in each bay being mixed a turned to stimulate microbial
breakdown.
All compost produced will be spread upon the 2,500 acres of arable farmland
owned by Messer’s Huxley, but it is anticipated that not all fields will receive
composting each year with typical spreading between 20 – 30 tonnes per
hectare. Any compost not immediately spread will be stored upon headlands,
as is current practice.
Highways and Access: Access from the A525 to the site in connection with
the proposed development will be via the most westerly of the 3 entrances to
Bank Farm. Vehicles will leave the A525 and enter the existing concrete farm
yard where there is adequate room to manoeuvre. The Highways Officer
confirmed that visibility was acceptable provided the hedges are maintained
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
and that traffic movements were also acceptable provided they did not
increase from the existing level. Conditions have been suggested to ensure
control should members be minded to grant approval.
Drainage: As a consequence of the composting processes it is anticipated
that waste water will be produced, it is therefore proposed that two waste
water holding tanks (18m x 3m) be sited to allow for the storage of waste
liquid prior to its reuse in the composting process. These storage tanks will
also allow for the storage of dairy waste on site prior to its use in the
composting process. The large surface area to be created by the proposed
building will create surface water run off, this will be directed to a surface
water attenuation tank (9m x 3m) where it will be stored until it is used for
washing down on the farmstead, although an overflow arrangement will be
made to dispose of the water at the existing site drainage at a Greenfield rate.
Noise and Odour: The proposed development will not employ any methods
other than those previously used during the composting activity on the farm.
The proposed building will contain noise and odour that may result from the
composting activity and will reduce the impact on sensitive receptors. It should
be noted that no fans are incorporated into the design for the composting
shed, consequently there will be no additional noise generated.
Trees and Landscape: The formation of a bund to screen the proposed
composting shed when viewed from the north was rejected by the landscape
architect and it was considered that a bund was not a natural feature in the
locality. The application has been amended to include tree planting to act as a
screen for the development. A condition has been suggested to ensure an
appropriate scheme is agreed in writing with the LPA prior to the
commencement of development.
No hedges will be lost in providing the splays at the access.
Conclusion: The proposal to allow composting within the farm yard complex
is not a new concept as it has been undertaken from this location for a
number of years. The proposed shed will reduce the likelihood of adverse
impact on sensitive receptors near to the development site. The proposal will
allow the farm to produce its own soil enhancer on site rather than having to
import material from elsewhere, which it should be noted, could be done on an
unrestricted scale in relation to use on an agricultural basis. The facility is
necessary if composting is to continue on site due to new Environment
Agency legislation after the site was designated as being within a Nitrogen
Vulnerable Zone. Subsequent details requested by the Environment Agency
regarding bunding of the waste water holding tanks have been submitted by
the applicant and the bund is able to hold 110% of the capacity of the tanks.
Although the concerns of the neighbouring residents have been taken into
account it is not considered that they are substantive to this application.
Concerns regarding the existing grain dryer on the site cannot be addressed
under this application, whereas the quantities and the type of waste
processed are restricted to the details specified in this application’s supporting
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
documents. Should the applicant wish to change the type of waste or increase
quantities a subsequent planning application would be required.
It is considered that the activity is not out of place within an agricultural unit
such as this and the process is a sustainable way for the business to enhance
its arable land. It should be noted that this proposal seeks only to produce
compost for use on farmland controlled by the applicant; it does not seek the
capacity to export compost to other units or outlets. The proposal complies
with the aforementioned local planning policies and in addition to the
conditions suggested below, the permit issued by the Environment Agency will
allow for control over activities and could be used to address adverse impact
such as noise or odour should they arise in the future.
RECOMMENDATION
That planning permission be GRANTED subject to the following conditions:
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) numbered BR-SL-104, BR-PL100:Rev A, BR-EL-101 Rev A, the Design and Access Statement (recieved
08/06/11), the application forms (received 08/06/11) and the Addendum
Statement (received 14/09/11) contained within the application
documentation.
3.
All works in relation to the implementation of this permission, including
deliveries to and / or leaving the site, shall be undertaken only between the
hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday,
and at no time on a Sunday or a Bank Holiday.
4.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 215 metres in both
directions measured to the nearside edge of the adjoining highway. Within
these splays there shall be no obstruction in excess of 1 metre in height
above the level of the nearside edge of the adjoining highway. The splays
shall thereafter be permanently retained clear of any such obstruction to
visibility.
5.
No part of the development shall commence until a scheme for the
planting and maintenance of trees and shrubs has been submitted to and
agreed in writing with the LPA.
6.
Within six months of first use of the development the planting scheme
submitted and approved in connection with condition no. 5 shall be fully
implemented in all respects.
7.
The planting scheme implemented in connection with condition no.7
shall be permanently retained. Any planting which becomes severely
damaged or seriously diseased, or is in poor physiological condition and/or
are removed without the written permission of the Local Planning Authority
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
shall be replaced within the next available planting season by trees or shrubs
of similar size and species to those originally required to be planted.
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.
4.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
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 a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
NOTE(S) TO APPLICANT
Public Footpath No.13 - Bronington passes immediately to the north east of
the development site and should not be interfered with.
_____________________________________________________________________
Page No 24
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0670
LOCATION:
LAND EAST OF JUNCTION OF
TANYFRON ROAD WITH SOUTHSEA
ROAD SOUTHSEA WREXHAM
DATE RECEIVED:
14/09/2011
COMMUNITY:
Broughton
LL11 5PF
CASE OFFICER:
JS
WARD:
Bryn Cefn
DESCRIPTION:
PROPOSED TRAVELLERS CHALET
AND CARAVAN PARK FOR ONE
PLOT (ONE CHALET AND TWO
CARAVANS) PLUS AMENITY
BUILDING
AGENT NAME:
MR TREVOR MENNELL
APPLICANT(S) NAME:
MR ANDREW CASH
_____________________________________________________________________
THE SITE
The proposed site area originally measured 0.29 hectares, but this has been
reduced following the submission of amended plans. The site is adjoining an
elevated section of the classified Brymbo link road, the classified Southsea
Road (B5101) and a section of public footpath (linking Southsea and Pentre
Broughton).
The general area has been recently cleared, and boundaries have been refenced, or new fencing has been introduced. Some surfacing materials have
been imported, and some recent alterations have been made around the
access area.
The site has been occupied by 3 families.
Page No 25
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
As above. The application has been amended to reduce the number of
pitches from four to one, and the pitch will have room for one chalet, 2
caravans, with parking and turning.
Further information (including a tree report, revised Design and Access
statement and amended plans) has been submitted.
HISTORY
6/22749
P/2000/0230
Erection of building containing 2 stables. Granted
3.10.94. Part of the hedge is required by planning
condition to be maintained for screening purposes.
[The site at this time did not form part of a green barrier].
Stationing of caravan for residential use (in retrospect) for
termporary period. Refused 8.5.2000. Appeal dismissed
26.3.2001.
[At the time of the appeal, the site contained the stable
block, a large shed, a small shed, a couple of kennels, a
few poultry houses and 2 van bodies].
Page No 26
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
DEVELOPMENT PLAN
Outside the settlement limits. Policies PS2, GDP1, EC1, EC4, H9 and T8 of
UDP refer.
CONSULTATIONS
Com Council:
Adj Com Council:
Local Member:
Adjoining LMs:
Objects. The site lies within a green barrier. The UDP
shows the site as agricultural land. Part of the site is
liable to flooding and proposals would only exacerbate
this issue with increased surface water run-off. Access is
an issue, and this has not been adequately addressed in
the application. The use will cause impact on the
countryside and cause disturbance to neighbouring
properties. Survey is required to ensure that there are no
contamination issues. The site was not put forward as
part of the Alternative Sites exercise recently carried out
under the LDP process. The description of vacant brownfield site is inaccurate.
Re-consulted in respect of amended plans on 9.1.2012,
and the Council has re-iterated their previous objections,
and would be totally opposed to any development within
the green barrier. The provision of storage space for a
roller or similar contractor’s plant indicates that a
business use is also proposed at the site.
Brymbo Com Council notified 16.9.2011, and re-notified
9.1.2012
Bryn Cefn ward (S Meyers) Notified 16.9.2011, and renotified 9.1.2012
Gwenfro ward (N Rogers) – The land is agricultural land,
and not a brown-field site; the land is within a green
barrier; the site is an area of known flooding and the
proposals will not help surface water run-off; access does
not have suitable visibility for vehicles entering and
leaving the site; the proposal will impact upon
countryside, landscape, townscape and open space of
the community and neighbouring properties; the site
could be contaminated and therefore unsuitable for
residential purposes; the site was not promoted through
the recent review of alternative sites under the emerging
LDP, and an application made in 2000 for a caravan and
this was refused for green barrier purposes. Additional
hard core has been delivered to the site.
Brymbo ward (P Rogers) – It has been observed that
the use causes highway safety issues as a result of
increased traffic visiting the site. The site has been
brightly lit up at night, and recent works to trees have
made the site less screened than previously.
Both adjoining LMs renotified 9.1.2012.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
One further comment receieved (N Rogers). Reduction
in number does not alter views, and is opposed to the
development for same reasons as stated before.
Highways:
The site has an existing field gate access onto the
classified Southsea Road. The access is close to an
urban area, and traffic from the north is subject to the
National Speed limit, and traffic from the south is subject
to a 30mph speed limit.
A speed survey has been undertaken, and if the existing
access is substantially used by additional traffic, the
access will need improved visibility splays. Visibility to
the north (towards The Lodge) should be 2.4m x 65m and
visibility to the south (towards Southsea) should be 2.4m
x 59m.
The current access does not include the recommended
splays, but there is scope to provide them.
The access gates need to be set back 10m from highway
and planning conditions are required.
Rights of Way:
Consulted 15.9.2011
The Ramblers:
Notified 15.9.2011
Welsh Water:
Foul and surface water to be drained separately, and no
surface water and land drainage to public sewerage
system.
Environment Agency:
Consulted 15.9.2011
A very minor part of the site is within a Class C2 zone,
and following a site visit by the Development and Flood
Risk Engineer, the risk of the use in this location is
acceptable, and would meet the requirements of TAN 15.
There is a public sewer within 30m of the site, and
connection to the mains sewer should be investigated.
Re-consulted 9.1.2012, and there previous comments are
still valid.
Access Group:
Notified 15.9.2011
Public Protection: Consulted 15.9.2011
Site Notice:
Expired 12.10.2011
Other representations (based upon original submission):
21 neighbours notified and 97 letters and emails received
raising the following objections:
 The site is within a green barrier area, and the
development should not be allowed. The land is
required to give Southsea its identity as a village.
The use will cause more green barrier and natural
habitat to be lost. The green barrier is also
endorsed in the LDP, and proposal will be contrary
to the policies contained in that plan
 The land is not brown-field site. Up until recently it
was agriculture (grazing) land. The site does not
Page No 28
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
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have a history of uses that have left it unattractive,
scarred and brown-field in appearance, character
and use. The land has only ever been used for
grazing. The road scrapings and fencing should
be removed.
The access will present a danger to road users as
it is located on a bend. Visibility is very poor due
to a hedge.
The development has commenced. This
development is partly in retrospect.
Surface water run off from the site will impact upon
existing drainage system, which is already
overloaded during heavy rain.
There is no need for this type of development –
ample space available on other sites elsewhere in
the area.
It will have an environmental impact on the village.
The site is within a flood plain. The site has
flooded in the past, and it lies at the bottom of 3
slopes. The site used to be marshland in the past,
and had pools of water on this. It was locally
known as “The Ducks” due to number of birds
using this watery area. During a celebration of the
Queens Jubilee, the field had to be evacuated due
to rain. The site has a 15% risk of flooding.
Imported rubble and hard core has been tipped
onto the site, and this will add to problems with
flooding in the area.
Impact on wildlife and countryside. Absence of
ecology evidence is not evidence of absence. The
ground was already disturbed before the
application was submitted. Loss of wildlife.
Surrounding properties could be devalued.
Use could set a precedent for similar
developments.
The scale of the use will cause problems for
highway reasons. Traffic is always exceeding the
speed limit – particularly for traffic coming from
Lodge. The recent addition of extra houses in the
area causes problems, and this will make it worse.
The adjacent public footpath (which is used to
access the doctors surgery, shops and chemist in
Brynteg), will be less well used. Security for using
this path has been compromised by the recent
erection of fencing, and the fence restricts light and
it is intimidating.
A previous application for the site was refused
before, and there are no differences.
Page No 29
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
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Planning rules have been broken
There are two other gypsy/traveller sites in close
proximity to the village, and another one would be
unacceptable.
The village landscape will be affected. Significant
steps have been taken to landscape and reinstate
woodland at the old colliery site (Plas Power), and
this use will undermine this good work.
The use will be less than 10 (yards) from a nearby
dwelling, and less than 20 (yards) from 3 others.
Increased noise and disturbance.
Southsea has no village facilities, and therefore it
is quiet and trouble free. The local schools are full.
Public services are already stretched.
There are empty plots at the nearby Ruthin Road
gypsy/traveller site.
Chalet and caravans are out of character with the
area.
The use will cause parking problems for the area.
The proposed layout arrangement will not
satisfactorily contain the proposed number of
vehicles that will be generated by this number of
plots – for both occupants and visitors.
The proposed use is worrying and could trigger a
health issue for a local resident.
The tree report has not been submitted.
Granting permission will not help meet Welsh
Government targets for traveller/gypsy needs.
Business uses will be undertaken which may
cause ground contamination.
The applicant also owns and has an interest in a
plot of land the other side of the public footpath.
Tri Plan is only a small factory, employing 4
persons, and there are also dwellings.
Increased litter in the area, and bin lorries
collecting from the site will block traffic on the
highway.
The applicant states as gypsy/travellers that they
want to be located away from conventional house
dwellers, whereas the location of the site is close
to houses.
No maximum density has been stated for the site.
Local schools have no capacity for further children.
One letter of support has also been received. The
applicants own the land, and the site cannot be used
for any other purpose. The fence has made the site
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
look better, and the occupants have cleared the earlier
rubbish, and trimmed the hedges.
A letter has been received from a representative of
Glan yr Afon Tenants and Residents association has
been received, raising the following objections:
 Development contrary to Green Barrier policy,
and it materially reduces the openness of the
green barrier between the built-up areas of
Tanyfron and Southsea.
 Visibility at access is inadequate
 The site is within flood area, and this part of
Southsea has been flooded previously.
 The development will dwarf the small village.
 A large tree was removed.
 The scheme is contrary to GDP1a) as the use
does not contribute to the appearance of the
nearby locality.
 Increased noise
 The ecology survey took place before the hard
standing was illegally laid upon site.
 The loss of this green space will impact upon
trying to maintain the village’s identity. The green
space between The Lodge and Southsea is
already affected by the civic recycling plant.
 A caravan was previously refused (P/2000/0230)
for the site for reasons of green barrier status and
traffic generation. The situation has not changed.
 The existing public footpath along the edge of the
site will not be used due to the erection of a
boundary fence, which makes the path more
hidden. This raises safety and security concerns
for local residents.
 The fence is aesthetically unpleasing.
 Local residents have an inherent fear of travellers
All original neighbours re-notified on 9.1.2012 in
respect of the amended plans, plus Glan yr Afon
Tenants and Residents Association.
5 letters have been received, raising the following:


The site was refused a bungalow, and there is
no reason to support this proposal for green
barrier land.
The revised application includes many
discrepancies and contradictions. It states that
if will be for the housing of one family, but that
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012













there is room for other travellers. Therefore this
will become a transit site for other travellers.
The keeping for contractor’s plant will mean
that the site will e used for running a business,
and therefore the proposal is not limited to just
a residential use.
The poor state of the land is only due to the
significant amount of material that has been
brought to the site. It was never a brown field
site.
Existing houses are located very close to the
site – with a few metres (8m). Residents are
already feeling the effects of noise, nuisance
and disruptions on a daily basis.
The gates are not located far enough back
from the pavement. Caravans and plant
leaving the site will not have enough room to
turn left or right of the access without having to
turn across the complete width of the road.
Traffic is hazardous given the speed at which
traffic enters and leaves the village.
Numerous near misses have been experienced
as a result of vehicles exiting the site.
The LDP is material – in connection with points
4.6, 5.11, 5.65 and Policy SP14.
Ruthin Road site is under-subscribed, and
there is no need for a further site.
Unsightly wooden fences and huge ornamental
iron gates have been erected. The hedges
have been cut back and a wall erected. The
existing fence has completely destroyed the
openness and aesthetic beauty of the natural
surrounding countryside, and it comprised the
security of the public footpath which previously
had an open aspect.
Deciduous hedging has died back to reveal the
caravans, vans and trucks. The hedge does
not screen the site.
The use will have a detrimental effect on
village life, and the appearance of the village.
Glanrafon is not a factory premises. It is a
small family business unit surrounded by nine
residential properties. The income generated
by these properties will be affected by the use.
The septic tank was illegally installed by the
previous owner.
There is only 27m (30 yards) of visibility.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
SPECIAL CONSIDERATIONS/ISSUES
Policy: Policy H9 of the UDP confirms that in exceptional circumstances,
where sites for caravans for individual gypsy/traveller families cannot be
accommodated within settlement limits, consideration should be given to other
locations, subject to compliance of GDP1. The written text supporting the
policy also confirms that new sites are likely to be for individual families, on
small sites containing no more than 3 caravans; and these proposals are only
supported if the site is not conflicting with other environmental and location
based policies. Consideration will also be given to its visual impact upon the
surrounding landscape character.
Since adoption of the UDP, it should be noted that WAG Circular 30/2007 has
been published, and this is a material consideration for planning applications.
The Circular defines Gypsies and Travellers as ‘persons of nomadic habit of
life whatever their race or origin, including such persons who on grounds only
of their own or their family’s or dependants’ educational or health needs or old
age have ceased to travel temporarily or permanently, but excluding members
of an organised group of travelling show people or circus people travelling
together as such’. Based upon our knowledge of the applicant and his family,
there is no reason to believe that they do not fall within that definition, and
future occupancy of the site can be controlled if all other matters are
acceptable.
As part of on-going evidence gathering exercise for the LDP (which included
The Wrexham Gypsy and Traveller Housing Needs Survey – 2008), it is
known that there is a need for more Gypsy and Traveller pitches within the
Wrexham area, even though there is some current spare capacity at the
Council’s Ruthin Road site. The LDP also recognises that some of these new
pitches could be made available through private sites, in addition to the
proposed new allocation at Ruthin Road.
Whilst there is some current spare capacity on the Council’s site at Ruthin
Road, the applicant appears unwilling to consider moving there, and the
Circular acknowledges that some Gypsies and Travellers may wish to find and
buy their own sites to develop and manage, rather than renting a pitch. It
should also be noted that the two recent appeal decisions for a gypsy/traveller
site at Roseacre, Daisy Lane, Rossett were not dismissed on the basis that
there was spare pitch availability at Ruthin Road. Those two appeals were
only refused for other fundamental environmental matters, ie significant flood
risks.
Although this particular site was not examined as a potential gypsy and
traveller site as part of the latest deposit LDP, it should be noted that those
potential sites only examined sites that were being promoted for housing (by
private individuals) or Council owned land. It did not look at all potential sites
within the Wrexham area, and as similar to the UDP the current wording of the
deposit LDP does not preclude some new gypsy and traveller sites generated
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
by local need for privately owned single-pitch/family sites – although it is
proposed that this would be a maximum of 7 sites.
However in applying Policy H9, issues concerning the green barrier
designation, highway, flood risk, and ancillary uses, etc will need to be
examined to see if they raise fundamental issues for the use – see detailed
comments below. The previous planning history for the site is also a
consideration.
Green Barrier: The site is within a green barrier area as defined in the UDP,
and Circular 30/2007 confirms that ‘green belts’ and ‘green wedges can be
raised as an overriding objection for new gypsy and traveller sites.
Although ‘green barriers’ are not specifically mentioned in the Circular, it is
noted that the intended purpose of Wrexham’s green barriers are very similar
to a green belt. Accordingly the adopted UDP verifies the purpose, and these
include the need to prevent coalescence of urban areas and villages with
others, to safeguard the countryside from encroachment, to protect the setting
of villages, and to assist with urban regeneration.
The proposal, when considered in relation to existing landscaping details,
current boundaries, and the elevated section of the adjacent Brymbo link road
will have limited impact on the openness of the area. It will be well contained
from a visual aspect, and providing current roadside landscaping and other
landscaping measures are maintained or improved. Subject to suitable
controls the proposal will not harm the green barrier designation.
The applicants have agreed to provide a detailed site layout to illustrate the
general arrangement of buildings and caravans on the site. This will
demonstrate a single family pitch in order to minimise the impact upon the
green barrier and ensure that the scale and intensity of future use is
controlled, which will also address highway safety concerns ( see below ).
Previous planning history: Although it is noted that a single static
residential caravan was refused permission in 2000 (for part of the same site),
and the subsequent appeal was dismissed; the proposed use cannot be
compared with that development.
The previous residential use was submitted without any valid justification, e.g.
the use was not required for any agricultural or forestry need, or any other
justified purpose. As mentioned under the policy section, Policy H9 of the
UDP allows consideration of gypsy and traveller sites in countryside locations,
and it does not directly exclude consideration of all green barrier locations.
Also, in the same way that new agricultural workers dwellings will sometimes
be allowed in green barriers, the proposed residential use can be considered
if there is no demonstrable harm, or if this does not undermine the purposes
of the green barrier at this location.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
It is also noted that the previous residential use was also refused for a
highway reason, and any comparisons regarding this will be considered under
‘Highway Safety’ – see below.
Brownfield status: Circular 30/2007 confirms that sites on the outskirts of
built-up areas, particularly brown-field sites may be appropriate for this type of
use. Despite this, other constraints (eg green barrier) are also relevant and
therefore any weight regarding this argument is not a substantial issue for the
proposed use. However it appears that there is some evidence to suggest
that the field had a more grassland appearance than it does at present, even
though the whole field was probably disturbed when the Brymbo link road was
constructed.
Design: Providing it is accepted that this use can be supported in principle,
there are other site design matters to examine – both in relation to UDP
policies PS2 and GDP1, and WAG Circular 30/2007. Also consideration must
be given to site design guidance of ‘Good Practice Guide in Designing Gypsy
Traveller Sites in Wales’ dated July 2009.
a) Highway Safety: It is proposed that the use will utilise an existing access
point onto Southsea Road, and therefore safety issues arising from any
increased use of this existing access onto the classified road is an important
consideration.
Based upon recent traffic survey information, Highways have recommended
that visibility splays of 2.4m x 65m (northwards) and 59m (southwards) are
ideally required for the access, together with some other related design work
for access gates, park and turning, etc. Both these splays can be fully
provided within the confines of the site and the highway, but this would require
the demolition or repositioning of the existing stable building.
The amended plans do not show the position of these splays, and although
the applicant is prepared to form the full splays if required, they would prefer
to retain the existing highway boundary hedge as a screen to the site.
Whilst the visibility splay in a southerly direction is substandard traffic
movements to and from the site would be similar as those generated by the
authorised agricultural use. The merits for retaining current screening
measures are important for the area, and providing the scale of use is suitably
controlled to one family pitch the highway safety issues will not be significant.
Some objectors have noted that an earlier residential caravan (e.g.
P/2000/0230) on site was refused for a highway reason, and therefore the
same reason should apply for this proposal. Although this highway reason
was included as part of the decision, this reason did not form a significant
reason for dismissing the subsequent appeal. The Planning Inspector
principally dismissed the appeal on the basis that the residential use had no
justification for the location. In any event the previous highway reason can be
overcome by the removal of the existing stable building if required.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
b) Trees: A tree report has now been submitted, and this verifies the position
for root protection areas. Based upon the revised site layout plan these
protection areas are not affected, and those areas can be protected by
planning condition.
c) Ecology: No pre-development ecology survey information is available for
the site, but it is acknowledged that it was probably an area of semi-improved
grazing. The submitted survey confirms that there is very little ecological
interest within the site/field except the trees which may offer some potential for
bat species. This view is shared, and since the trees are intended for
retention, the use does not raise biodiversity concerns. Additional planting at
the site may also help improve biodiversity if suitable species are chosen.
d) Landscaping: The amended scheme includes some measures to help
improve the setting of the site, to ensure that the ‘green barrier’ purpose of the
area is maintained. Specific details of those measures are limited, and
therefore further information regarding this landscaping will be necessary if
the use is allowed permanently. It may also be necessary to consider the
planting of new native hedgerow along part of the eastern edge of the red
area.
e) Land Drainage: A very small part of the site is shown on flooding maps to
be within a C2 flood zone, but the Environment Agency has confirmed that the
site is right on the edge of this area, and only part of the area is also within a
extreme flood area – Zone B. As a consequence, they are of the opinion that
the use will not cause objectionable flood risks, even on the basis of the
amended plans. They do not object.
f) Sewer/Waste disposal: Mains sewerage drainage is now proposed, and
this form of disposal is acceptable. Refuse collection facilities are arranged
with occupants in the same way as any other new households.
g) Noise and Nuisance: The site is fairly close to other residential
properties, and the use may generate noise issues from time to time due to
the ancillary outdoor areas, or if ancillary business uses are introduced.
Public protection legislation controls any ‘noisy neighbour’ issues, and
planning conditions will be required to control any ancillary business uses. It
appears that the applicant will require a room to store a small pick-up vehicle
and space for a roller and some other small contractor’s plant. Conditions can
be imposed to control the scale of these aspects.
External lighting for green barriers can be an issue for some sites, and the
amended scheme confirms that two light columns will be required to improve
on-site amenity and safety, and it is indicated that these lights will be hooded
to prevent glare. A scheme of measures could help control these details, and
some form of lighting for the site is not inappropriate. It is noted that there is
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
already street lighting along Southsea Road, and therefore the area already
experiences night-time lighting and therefore it is not totally dark.
h) Amenity block: WAG site design guidance recommends that amenity
blocks may sometimes be required for this type of use, and these should have
a minimum floor space of 7.5m2 for each pitch. The amended scheme
provides a building of 40m2, indicating space for a kitchen, a day room,
washroom and WC. Although larger than the minimum size, it is virtually the
same as recent erected amenity buildings at the Ruthin Road site.
Conclusion: Providing the scale of the retrospective use is reduced to one
family pitch and that the site is laid out in compliance with adjustments made
to the amended plans, following the wording of suitable planning conditions, I
am of the opinion that the principle of the use within this green barrier location
can be supported.
Enforcement action will also need to be considered if the scale of the use is
not reduced to a single pitch after 3 months of the decision.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The site shall not be occupied by any persons other than gypsies and
travellers as defined by paragraph 3 of Welsh Assembly Government Circular
30/2007.
2.
The residential use hereby permitted shall be restricted to one family
pitch only, and the use shall be restricted to the stationing of no more than 3
caravans at any time (of which no more than one of these shall be a static
caravan or mobile/chalet home).
3.
Notwithstanding the approved plans, no caravan subject of this
permission shall be stationed on the land other than within the areas shown
hatched black on drawing no. 0:1755/A/C [rev A].
4.
The existing stable building shall be used for agricultural purposes only
in connection with the agricultural use of the areas edged blue on the
application documents.
5.
Both the non hatched (black) areas of the site within the area edged
red, and the areas edged blue as part of the application documents shall not
be sold or rented separately to person(s) that are not living within the black
hatched area of the site.
6.
No more than one commercial vehicle shall be parked or stored on the
site edged red, and that vehicle shall not exceed 3.5 tonnes in weight.
7.
Full details of any ancillary contractor's plant or roller to be stored on
the site shall be submitted to and approved in writing with the Local Planning
Authority before it is first brought onto the site. No commercial activities shall
take place on the land, including the storage materials not required for the
residential use.
8.
The existing hedgeline along Southsea Road road frontage as shown
on the drawing no. 0:1755/A/C Rev A shall retained, and it shall not be cut
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
down, grubbed out, lopped or uprooted, to a height lower than 3 metres. Any
trees, shrubs or hedges removed or being severely damaged or becoming
diseased within temporary period of this permission shall be replaced with
trees, shrubs or hedging plants of equivalent size and species.
9.
Within 3 months of the date of this permission, the use shall be
connected to mains drainage, and written evidence of this connection shall be
submitted to and approved by the Local Planning Authority.
10.
Within 3 months of the date of this permission there shall be no gates
or other means of enclosure across the vehicular access point for the site
within 10 metres of the highway boundary.
11.
Within 3 months of the date of this permission, the vehicular access to
the site shall be surfaced with hard bound materials (e.g. bituminous
macadam) for a minimum distance of 5 metres behind the adjoining highway.
12.
Within 3 months of the date of this permission, vehicular parking and
turning areas as shown on the approved drawing 0:1755/A/C Rev A shall be
full laid out, surfaced and drained as part of the development. These areas
shall thereafter be permanently retained and kept free of any obstruction, and
made available solely for the parking and turning of vehicles (not caravans) at
all times.
13.
Within 3 months of the date of this permission, all existing and
proposed fences within the site, including the blue edged areas) shall be
stained to dark brown.
14.
No works, including the storage of equipment, machinery, plant or
materials of any kind in connection with the development shall take place
within the area shown as hatched green on the approved plans, drawing no.
0:1755/A/C Rev A.
15.
No private surface water run off shall be permitted to flow from the
development site onto the adjoining highway. An Aco drain or similar shall be
provided across the approved access to intercept any such run off prior to first
use of the development.
16.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 65 metres to the north
towards Lodge and 2.4 metres x 42 metres to the south measured to the
centre line of the adjoining highway. Within these splays there shall be no
obstruction in excess of 1 metre in height above the level of the adjoining
highway. The splays shall thereafter be permanently retained clear of any
such obstruction to visibility.
REASON(S)
1.
The residential use of this countryside site has only been allowed
based for a justified rural exception and therefore any future occupation of the
site accommodation must be strictly controlled.
2.
To control the scale of use in line with the Council's adopted planning
policies, and to minimise its impact on the countryside and in the interests of
highway safety.
3.
To ensure that the site is used only as a single family pitch, to comply
with the Council's adopted planning policies in relation to the establishment of
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
privately owned sites for gypsy and traveller use, and to control the location of
caravans within the site in the interests of minimising their impacts on the
green barrier.
4.
To ensure that this agricultural building is retained in connection with
the adjacent agricultural land, even though it is located within the residential
area.
5.
To ensure that the residential use is connected with the adjacent
agricultural land to ensure that the combined use does not cause highways
safety issues at the existing access point onto Southsea Road.
6.
To ensure that the number of commercial vehicles on site are
controlled, to protect the amenities of nearby residents, and in the interests of
highway safety.
7.
To ensure that storage is ancillary to the residential use, and to protect
the amenities of the area and local residents.
8.
To ensure that the use is still afforded suitable screening and
landscaping, in the interests of visual amenities of the area.
9.
To ensure that the residential use is connected to mains drainage.
10.
In the interest of the free and safe movement of traffic on the adjacent
highway and to ensure the formation of a safe and satisfactory access.
11.
To ensure that no deleterious material is carried onto the highway, in
the interests of highway safety.
12.
To ensure that adequate on-site parking and turning facilities are
provided in the interests of highway safety.
13.
To improve the visual appearance of the site within this countryside
location.
14.
To ensure the amenity afforded by the trees is continued into the future
and to protect trees that are near to the site
15.
In the interests of highway safety.
16.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
NOTE(S) TO APPLICANT
You are advised that the works to alter the current unauthorised use into a
single family pitch for gypsy/travellers should be carried out within 3 months of
the date of this permission.
A public footpath is located along the southern edge of the site, and there
shall be no obstruction to this pathway.
You are advised to follow the recommendations of your submitted tree report
by Shields Arboricultural Consultancy dated October 2011.
You are advised that additional native tree planting or native hedgerow should
be considered along the eastern boundary of the site.
_____________________________________________________________________
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0709
LOCATION:
LAND AT THE QUEENS HEAD
GLANLLYN ROAD BRADLEY
WREXHAM
DATE RECEIVED:
27/09/2011
COMMUNITY:
Gwersyllt
LL11 4BD
CASE OFFICER:
MP
WARD:
Gwersyllt East & South
DESCRIPTION:
SUBMISSION OF RESERVED
MATTERS PURSUANT TO OUTLINE
PLANNING PERMISSION
P/2010/0871 (DESIGN,
APPEARANCE, LANDSCAPING,
ACCESS AND LAYOUT).
RESIDENTIAL DEVELOPMENT
CONSISTING OF 13 NO DWELLINGS
AGENT NAME:
CAPS
MR B CARTWRIGHT
APPLICANT(S) NAME:
MR S GRIFFIN S G ESTATES LTD
_____________________________________________________________________
This application was reported to Members in December. Following a site visit
Members expressed concern about impact of 2.5 storey dwellings proposed
as well as the loss of trees considered to be of high amenity value.
I have now received amended plans from the applicant making the following
changes:
i)
Deleting of the 2.5 storey plot type (House Type FR) and
substituting them for a 2 storey plot type (House Type M);
ii)
Re-siting of 6 plots to allow 2 additional trees (a sliver birch and an
Atlantic cedar) to be retained along the Glan Llyn Road frontage.
Protection measures for all trees to be retained are also proposed
to prevent damage during development works.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Dwellings re-sited
(plots 6-11)
Additional trees to
be retained are
circled
Approximate position
of Atlantic Cedar to be
removed.
Consultation responses to amended plans:
Community Council:
Councillor E C George:
Councillor D J Griffiths:
Other Representations:
No objections.
Notified of amendments 13.1.12
Notified of amendments 13.1.12
Nearby occupiers notified of amendments
16.1.12
The expiry date for submitting representations in respect of the amended
plans is 27 January 2012 (for the Community Council and Local Members)
and the 30 January for nearby occupiers. I will report any additional
representations received in the addendum.
Impact of the Changes:
Appearance
The proposed type M addresses members concerns. All dwellings proposed
on the site are now 2 storey. This use of this house type maintains that there
is sufficiently different from the other proposed plots to add variation and
interest to the development as a whole, but also sufficient commonality to
ensure the scheme will be viewed as a cohesive development.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Amenity
The new plot types will not impact upon the amenity of nearby occupiers to
any greater extent that the scheme reported to committee in December.
One plot is slightly closer to the north-west boundary of the site than originally
proposed however its orientation will ensure it does unacceptably impact upon
the amenity of occupiers of existing dwellings. The position of the plots that
have been re-sited to allow additional trees to be retained accord with LPG21
advice in respect of separation distances.
Trees
The revised site layout will allow for 2 prominent trees on the Park Wall Road
frontage to be retained but an Atlantic Cedar adjoining the boundary of the
site with Glan Llyn Road will still be removed. Whilst this is regrettable, the
retention of the tree would compromise the overall layout and form of the
development by preventing a strong built frontage being provided on this part
of the site. This would be to the detriment of the appearance of the
development itself and would result in it detracting from the appearance of the
wider locality. The loss of this tree and others is to be compensated for by
landscaping proposals to plant 18 new trees – including 6 in the proposed
open space area.
Conclusion: I believe the amendments satisfactorily address the issues
raised by members following their site visit in December.
My original report is attached below as is my original recommendation.
The planning conditions remain as per my original recommendation
although some have been slightly amended to refer to the amended
plans rather than the original versions.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
THE SITE
The site is a currently close public house and lies in between Glan Llyn Road
and Park Wall Road in Bradley.
Existing area of
open space/verge
Application site
PROPOSAL
Submission of the matters reserved for subsequent approval under outline
permission code P/2010/0871. The application proposed 13 dwellings
comprising of 3 and 4 bedroom properties, the provision of an area of open
space and associated accesses and parking areas for the dwellings.
HISTORY
P/2010/0266
P/2010/0871
Outline application for residential development.
Withdrawn 04.05.2010
Outline application for residential development.
Granted 29.3.11
DEVELOPMENT PLAN
Within settlement. Policies PS2, GDP1, GDP2, H2, CLF5 and T8 apply.
Local Planning Guidance Notes 10 (Public Open Space in New Housing
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Development), 16 (Parking Standards), 21 (Space Around Dwellings) and 27
(Developer Contributions to Schools) are also applicable.
CONSULTATIONS
Community Council:
Councillor E C George:
Councillor D J Griffiths:
Highways:
Public Protection:
Education:
Environment Agency:
Welsh Water:
Access Group:
Site Notice:
Other representations:
Object – 3 storey dwellings within this site
are unacceptable.
Notified 29.9.11
Requested application be reported to
committee and expressed the following
concerns:
- 3 storey properties not in keeping with
village and will over dominate the
surrounding area;
- 5 bed property is described as 4
bedroom property;;
- Potential traffic and parking issues in the
area;
- Potential drainage problems.
Make the following comments:
- 6 proposed dwellings with access onto
Park Wall Road all of which provide
adequate visibility. No requirements for
turning areas along this unclassified
road;
- Footway along Parkwall Road requires
widening to 2m;
- 7 dwellings served by two separate
accesses both of which provide
adequate visibility on to Glanllyn Road.
Each access is required to be a
minimum of 4.5m wide to permit
simultaneous passage of vehicles;
- A scheme of footway improvements is
require along the Glanllyn Road
frontage;
- Adequate off road parking is provided;
- Recommend conditions.
Recommend measures to limit impact of
demolition/construction on amenity.
Contribution of £29,600 for secondary
schools required.
Consulted 29.9.11
Recommend drainage conditions.
Notified 29.9.11
Expired 20.10.11
1 letter setting out the following comments:
- no problem with houses being built but;
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
-
do not wish to be overlooked;
hopefully enough space for off-road
parking;
fences/hedging should not block
visibility;
overall, area would look much better with
some nice houses rather than a rundown
pub.
SPECIAL CONSIDERATIONS
Policy: The site already has outline planning permission so the principle of
redevelopment for residential development is established. The purpose of this
application is to allow the detailed design, layout, access arrangements and
landscaping of the development to be considered in light of the requirements
of the policies listed above.
Layout and design: With the exception of two dwellings located in the centre
of the site all of the dwellings will face outwards either onto Glanllyn Road or
Park Wall Road. The layout will establish strong built frontages along these
two highways and consequently enhance the appearance of the area.
The houses proposed differ in appearance to other properties in the
immediate locality. However the dwellings surrounding the site vary in both
age and design so there is no reason to insist upon the development following
a particular style.
The design of each plot type is acceptable and whilst they differ so as to add
variation and interest to the development as a whole, there is also sufficient
commonality to ensure the scheme will be viewed as a cohesive development.
Concern has been expressed about the use of 3 storey houses on the site,
however the scheme proposes what are more accurately 2.5 storey houses.
The second floor rooms of those plots are located in the roof space and have
dormer windows and/or rooflights – in a similar way to how first floor
accommodation is provided in a dormer bungalow (which could be described
as a 1.5 storey house).
Of the 13 dwellings proposed only 4 will be the 2.5 storey type. Two of these
are located in the centre of the site entirely surrounded by the other dwellings
so will not be particularly prominent. The other two will be located adjacent to
the eastern boundary of the site and face towards the junction of Glanllyn
Road and Park Wall Road. The 2.5 storey dwellings will not be significantly
higher than the proposed two storey plots on the site and the variation in
height will add interest to the overall appearance of the scheme.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The heights of all of the proposed dwellings are listed below as is the height of
a 3 storey plot type used elsewhere by the developer but not on this site.
This has been provided for comparison purposes only.
House Type
Type L2
Type R1
Type G
Type FR
Example
Description
2 storey 3 bedroom
2 storey 4 bedroom
2 storey 4 bedroom
2.5 storey 4/5 bedroom
3 storey 4/5 bedroom
Height to eaves
4.95m
4.95m
4.95m
5.7m
7.1m
Height to ridge
8.2m
7.9m
8.3m
10.4m
11.1m
On the basis of the above, I am satisfied the 2.5 storey plot type will not over
dominate the development or its surroundings.
Amenity: Separation distances within the development conform to LPG21
standards. The separation distances between the majority of the properties
and other nearby dwellings also conform to LPG21.
The separation distance from four proposed plots directly facing Glanllyn
Road to 1-7 Hollybush Terrance which will lie immediately opposite is
between 17 and 20 metres. This is less than the 22 metres recommended by
LPG21 however the following factors should be taken into account:
i)
The existing dwellings face onto a public highway with footpaths
either side. Passers by (drivers, bus passengers and pedestrians)
are afforded views into habitable rooms of those properties, in
particular ground floor rooms. These rooms are therefore already
overlooked;
ii)
The application site was formerly (and could still be) used as a
public house. Whilst the main public house buildings are a
considerable distance from Hollybush Terrace, the existing parking
areas are in a similar position to the front elevations of the proposed
dwellings. Due to a lack of any substantial boundary screening
users of the car park are afforded direct views into habitable rooms
of those properties;
iii)
The new dwellings will only have one habitable first floor room
facing onto Glanllyn Road
For the above reasons the development will not result in any significant
additional overlooking so as to harm the amenity of existing occupiers.
Point i) is applicable to the new dwellings and will similarly mean that the
amenity of future occupiers will not be unduly compromised by the reduced
separation distances.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Public open space: Condition 12 of the outline permission requires the layout
of the development to include an area of public open space together with
details of the future maintenance of it and timing for delivery.
The development will provide approximately 360 square metres of new public
open space for adoption by the Council. This is around a third of the total
area that would normally be required to fully accord with policy CLF5.
The proposed open space is located adjacent to a similar sized area of a large
grass verge owned by the Council and taken together the two areas will form
a larger and enhanced (with new landscaping) area of informal open space
that will provide an attractive setting to the site. Because the development will
result in the extension and enhancement of an existing area of open space I
am prepared to consider the existing and new open space areas as
contributing towards the on-site open space provision. However this area is
still less than the total required by CLF5.
An existing children’s play area approximately 600m from the site on Glanllyn
Road is in need of improvement therefore and, taking into account the
shortfall in open space on the development site, it would be reasonable to
require a financial contribution towards these works. CLF5 and the
corresponding LGP10 do recognise that off-site contributions towards open
space provision can be justified for smaller urban infill developments such as
this. In this particular case there is in fact a mix of on-site and off-site
provision which on balance I believe to be acceptable and broadly in
accordance with the objectives of policy CLF5.
A planning obligation is required to secure financial contributions towards the
maintenance of the on-site open space as well as the payments towards offsite open space enhancement.
Highways: The access, parking and turning arrangements for the
development are acceptable therefore the development is unlikely to result in
or cause highway safety or parking problems in the locality.
I do not intend to impose the condition requirements in respect of highway
visibility splays and restrictions on erected gates within 5 metres of the
highway boundary for the following reasons:
Condition 04 of the outline permission sets out the visibility requirements for
the vehicular accesses so repeating it is unnecessary.
The two accesses onto Glanllyn Road both serve more than one dwelling so I
consider it unlikely that gates will be erected across them. It also unlikely that
the occupiers of all of the proposed dwellings accessed from Parkwall Road
will be waiting on the highway to open/close gates simultaneously.
Furthermore Parkwall Road is in a residential area and subject a 30 mph
speed restriction so approach speeds of vehicles will be enough to allow
drivers to react to any vehicle waiting on the highway. As such there is
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
unlikely to be a significant risk of disruption/congestion or danger to highway
users.
Drainage: A drainage impact assessment has been submitted with this
application to accord with requirements of condition 17 of the outline
permission requires. The key findings of the report are:
i)
Foul and roof water from the site are currently discharge into the
Welsh Water sewer system;
ii)
It was not possible to establish where surface water from the car
park is discharged but it is most likely to be into the Welsh Water
system or the Highway surface water drains that serve the adjoining
roads;
iii)
The site is suitable for soak away drains for the proposed
development
iv)
The use of soak away drains and the fact that the impermeable
area of the site (i.e. extent of hard surfaces) will be reduced by 35%
will reduce surface water run-off rates;
v)
The proposed development will generate less foul water than the
existing use.
Based on the findings of the report the development should reduce pressure
on the existing sewer network. Welsh Water have not objected to the
application nor expressed any concern about drainage capacity. In addition
no concerns were raised by Welsh Water when the outline application was
being considered.
I do not intend to impose the conditions requested by Welsh Water because
these will unnecessarily duplicate conditions attached to the outline planning
permission.
Trees: There are currently 19 trees on the site and all except 5 of these have
been rated as low quality in an Arboricultural Method Statement
accompanying the application. Those 5 are considered to be moderate
quality. The layout of the site will require the majority of the trees to be
removed although two of the moderate quality trees (Cedar) and one of the
low quality trees (a Maple) will be retained. These are located within the
public open space area at the eastern end of the site and are the most
prominent trees on the site.
Whilst the loss of the other trees is regrettable their retention would
compromise the layout of the site. The developer is proposing soft
landscaping measures which will compensate for the loss of the trees
including the following:
i)
ii)
iii)
hedge planting along the front gardens of the dwellings facing
Glanllyn Road and Park Wall Road;
planting of new trees in selected front gardens;
planting of a hedge along the highway boundary of the public open
space.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
In addition the development will significantly enhance the overall appearance
of the site therefore on balance the loss of the trees will not prove harmful.
Protection measures will be required for the trees being retained and are
proposed by the Arboricultural Method Statement. A condition will be
attached requiring development to be carried out in accordance with the
method statement.
Contribution to schools: Education has confirmed the level of contribution
required due to insufficient secondary school capacity. A supplementary
planning obligation to the one completed prior to the granting of the outline
permission will therefore be required.
Other Matters: I note the concern regarding the fact than some dwellings (the
4 type FR units) are described as 4 bedroom when they should be labelled 5
bedroom. There is an anomaly between the site plan which describes this
plot type as a 4 bed unit and the floor plans which describe a first floor room
as bedroom 5/study. I have no reason to believe that the developer has set
out deliberately to deceive.
Even if the room is used as a bedroom the only planning consideration is the
potential need for an additional parking space. However as noted above, the
scheme has adequate off street parking provision so if the FR plots are
occupied by households who require a 5th bedroom it will not result in parking
problems in the locality.
I do not intend to attach the condition and notes recommended by Public
Protection as these unnecessarily duplicate requirements and advice already
attached to the outline planning permission.
Conclusion: Subject to the prior completion of a planning obligation, the
development accords with UDP policies.
RECOMMENDATION A
That the Council enters into a supplemental obligation under Section 106 of
the Town and Country Planning Act 1990 to vary the original obligation
secured in conjunction with outline planning permission no. P/2010/0871. The
supplemental agreement shall require:a) A financial contribution of £29,600 towards the provision of secondary
education; and
b) A commuted sum of £13,000 for the future maintenance of on-site open
space; and
c) A commuted sum of £12,000 for off-site open space enhancement.
The Head of Community Wellbeing and Development be given delegated
authority to settle the final form and content of the obligation.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
RECOMMENDATION B
Upon completion of the obligation, the reserved matters be APPROVED
subject to the following conditions:
CONDITION(S)
1.
The development hereby permitted shall be commenced before 29
March 2016
2.
Prior to their use on the development samples of all external facing and
roofing materials shall be submitted to and approved in writing by the Local
Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
The development shall be carried out in strict accordance with the
following plans and report(s) submitted and approved as part of this
application:
Arboricultural Method Statement ref no. 11/AMS/WXM/7 Revision A dated 13
January 2012. No development or other operations shall take place except in
strict accordance with the reports as approved.
4.
Development shall not commence until a detailed scheme for the
construction of the widened footways along Glanllyn Road and Park Wall
Road have been submitted to and approved in writing by the Local Planning
Authority. The scheme as approved shall thereafter be implemented in full
prior to the first occupation of the dwellings hereby approved.
5.
The landscaping scheme approved as part of this application shall be
fully implemented in strict accordance with approved drawings no. EXL1 D,
DET 1, and Tree Solutions drawing no. 04: Landscape Plan Revision B within
three months of the first occupation of the dwellings hereby approved 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 occupation of the dwellings.
6.
The landscaping scheme as carried out in connection with condition no.
05 shall be retained for a minimum of 5 years. Within this timescale, any
planting becoming severely damaged or seriously diseased, or is in poor
physiological condition and/or are removed without the written permission of
the Local Planning Authority shall be replaced with trees or shrubs and within
a timescale all to be submitted to and approved in writing by the Local
Planning Authority.
7.
Plots 5 and 6 shall not be occupied until the Public Open Space area
shown on the approved layout plan/drawing no. PL1 Revision K has been
completed to the standard indicated in writing by the Local Planning Authority
as suitable for adoption as Public Open Space and shall thereafter be
maintained to that standard for a minimum period of 1 year.
8.
Prior to first use of the development hereby approved a pedestrian
visibility splays shall be established measured from the centreline of the
vehicular accesses 2.4 metres back from the back edge of the footway to
points 3.3 metres either side measured along the back edge of the footway.
Within these splays there shall be no obstruction in excess of 0.6 metres in
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
height above the level of the adjoining highway. The splays shall thereafter
be permanently retained clear of any such obstruction to visibility.
9.
No private surface water run off shall be permitted to flow from the
development site onto the adjoining highway. An Aco drain or similar shall be
provided across the approved access to intercept any such run off prior to first
use of the development.
10.
Prior to first use of the vehicular access hereby approved, the access
shall be surfaced with hard bound materials (e.g. bituminous macadam) for a
minimum distance of 5 metres behind the adjoining highway.
11.
The site shall be developed in accordance with the finished floor levels
shown on approved drawing no. PL 1 Revision K.
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 trees which are of significant amenity value to the area.
4.
In the interests of highway safety.
5.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
6.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
7.
To ensure an adequate provision of open amenity space for use by
residents in accordance with the Council's standards.
8.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
9.
In the interests of highway safety.
10.
To ensure that no deleterious material is carried onto the highway, in
the interests of highway safety.
11.
To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the
Town and Country Planning Acts and under the Building Regulations is
resolved prior to commencement of development, by formal submission of
amended plans.
Your attention is drawn to Highway Supplementary Notes on the enclosed
'Applicants' Rights and General Information'.
A licence should be obtained (as required by section 184 of the Highways Act
1980) from the Highway Authority in order to lower the kerbline and cross the
footpath at the new access position. Further guidance can be obtained from
the Highways Department of Wrexham County Borough Council on telephone
01978 729690.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The separate written consent of the Local Highway Authority must be obtained
before any work is carried out within the confines of the highway.
This development includes proposals for the construction of widened footway
intended for adoption by the Council under the Highways Act 1980. You are
advised that detailed proposals for these works should be submitted to the
Highway Authority and confirmed as acceptable BEFORE development
commences. Please contact the Highway Authority on telephone no. 01978
729696 for further guidance.
RECOMMENDATION C
That if the Obligation pursuant to Section 106 of the Town and Country
Planning Act 1990 is not completed within six months of the date of the
Committee resolution the Chief Planning Officer be given delegated authority
to refuse the application for the following reasons:1. The development makes inadequate provision for increased school
capacity. Without this additional capacity, local schools will be unable
to cater for the additional demand for places generated by the
development. The development therefore does not accord with policy
GDP2 of the Wrexham Unitary Development Plan.
2. The development makes inadequate provision for the provision of and
long term maintenance and management of open space on site and the
locality. This will result in a poor standard of development and will
compromise the standard of amenity afforded to future occupiers. As
such the development does not accord with policies GDP1 and CLF5 of
the Wrexham Unitary Development Plan.
_____________________________________________________________________
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0749
LOCATION:
12 FFORDD DYFED WREXHAM
DATE RECEIVED:
12/10/2011
LL12 7EF
COMMUNITY:
Acton
WARD:
Maesydre
DESCRIPTION:
CHANGE OF USE AND SUBDIVISION OF SUPPORTED
HOUSING TO TWO DETACHED
BUNGALOWS
APPLICANT(S) NAME:
WREXHAM COUNTY BOROUGH
COUNCIL
CASE OFFICER:
SJG
AGENT NAME:
TOWN & COUNTRY
PLANNING SERVICES
(CONWAY)
_____________________________________________________________________
This application was deferred at Planning Committee held on 16/12/2011
following a site visit, to allow the Head of Community Wellbeing and
Development time to obtain further information on the issues raised by
Members (clarification upon the type of accommodation and the use of the
converted units for general housing in relation to adequate amenity and
parking) so that the application could be considered by the Committee on the
basis of the fullest information possible.
My original report is appended below in Section 2.
Further matters following the deferment are reported in Section 1,
before the RECOMMENDATION.
SECTION 1 further matters
Applicant’s submissions
1. The two proposed dwellings are each C3 dwellinghouses under the C3 Use
Class. There is no supported living accommodation applied for. The previous
use was the supported living ( Abbeyfield) and this application now seeks a
change of use for two separate bungalows.
No information is available upon the prospective occupiers. This would not
usually be a matter for planning consideration of C3 dwelling applications.
Each dwelling proposed meets all the planning requirements for modern day
living under C3 use.
2. The layout meets the minimum parking standards of the Council and the
location is highly accessible to public transport as described in the DAS
report. We are not aware of any highway objections to a reduction in use
from supported living to two new detached bungalows.
3. The Council private outdoor space standards have been applied to the
layout and these are satisfied. In addition, the location is accessible to major
public outdoor recreational space within walking distance of the site. No
issues arise here.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
4. The windows in the rear unit have been screened by a new privacy fence
along the proposed plot subdivision. No Council amenity standards are
compromised as identified in the report. The window and room
positions/aspects were all examined with care before submission of the
application.
We respectfully request that the Committee approves this application in
accordance with the Officers advice, all matters having been resolved.
Keeping the property empty serves no useful planning purposes and is
contrary to Assembly Planning Policy 2010 guidance upon the re-use of
redundant buildings for housing inside urban areas.
Details of the 1.8 metre high fence between the two dwellings have been
supplied.
Comment
In response to Members previous concerns regarding the future use and
occupancy arrangements these are set out above.
Adequate amenity areas are provided for both dwellings which meet Council
standards, and privacy is secured by a proposed 1.8m high fence. Whilst
there are two windows which face this fence only 1 metre away they serve a
bedroom and playroom. Side facing windows are a common feature of single
storey dwellings, and it is considered that the restricted view and daylight
available to the rooms is not a significant issue. Adequate parking areas are
provided for both dwellings as confirmed by the highway authority.
My original report and recommendations with an additional condition are set
out below:-
SECTION 2 the original report
THE SITE
The property is a former Abbeyfields home (supported living) at the end of a
cul-de-sac on the west side of Borras Road.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
As above.
The former home provided 9 self-contained bedsits with communal living
areas and 2 carer bedrooms.
The proposal is to split the accommodation into 2 dwellings, each a 4
bedroom bungalow, by demolishing a garage and link corridor. They will
share the same access leading to separate parking areas and entrances. The
two properties will be just 4 metres apart, and each will have small garden
areas.
RELEVANT HISTORY
4/3022
4/4848
Residential building for elderly. Granted 5/3/1965
Extension to care home. Granted 6/4/1973
DEVELOPMENT PLAN
The site lies within the settlement limits. Policies PS1 PS2 H4 T8 and GDP1
of UDP are relevant, together with LPGN 16 parking and 21 space around
dwellings
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
CONSULTATIONS
Acton C Council:
Local Member(s):
Highways
Public protection
Welsh water
Site Notice:
Other representations:
No comments
Consulted 13/10/2011
Recommend condition regarding parking and
turning area
No comments
Recommend conditions
Expired 3/11/2011
Adjoining occupiers notified 19/10/2011. 2
objections received, on grounds of:
1. Additional noise and disturbance to local
residents, mainly pensioners, will be
detrimental to their health. The dwellings could
accommodate many residents including
children.
2. A redevelopment of the site for 2 small
bungalows would be more in-keeping with the
area.
SPECIAL CONSIDERATIONS/ ISSUES
Background: The care home has been empty for 2-3 years. The intention is
to create two family dwellings on the site to be managed by the Council. The
dwellings are in a location close to bus routes and local amenities.
Residential amenity: A residential use is in accordance with the character of
the locality. Adequate garden and parking areas are available for both
properties. Overlooking windows are not an issue in this case due to the high
hedges and location of main living rooms and bedrooms.
Conclusion: Whilst the site coverage of built development on the site is
higher than would be regarded as acceptable now, this proposal does not
create any additional issues over and above the existing use, and the
proposal is considered to comply with policies H4 and GDP1 and LPGN21. It
is considered necessary to withdraw permitted rights for further extensions
and outbuildings in view of the restricted site curtilage and the relationship to
the road.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) dated 12 October 2011 and as
contained within the application documentation.
3.
The vehicular parking and turning areas as shown on approved
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
drawing(s) No(s). PD2011/047 shall be fully laid out, surfaced and drained
prior to first use of the development. These areas shall thereafter be
permanently retained and kept free of any obstruction, and made available
solely for the parking and turning of vehicles at all times.
4.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no extensions or additions to
the dwelling as approved shall be erected under Class(es) A and B of
Schedule 2 Part 1.
5.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no buildings (to include
garages, sheds, greenhouses, outbuildings etc) shall be erected, or placed
within the curtilage of the site under Class E of Schedule 2 Part 1.
6.
The development shall not be brought into use except in strict
accordance with the fencing details as approved.
7.
The development shall not be brought into use except in strict
accordance with the fencing details as approved.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure that the development fully complies with the appropriate
policies and standards.
3.
To provide for the parking and turning of vehicles clear of the highway
and to ensure that reversing by vehicles into or from the highway is rendered
unnecessary in the interest of traffic safety.
4.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development
as described in the condition is carried out without the permission of the Local
Planning Authority.
5.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development
as described in the condition is carried out without the permission of the Local
Planning Authority.
6.
To safeguard residential amanity
7.
To safeguard residential amenity.
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".
The Equality Act 2010 applies to this development.
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
_____________________________________________________________________
Page No 58
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0792
LOCATION:
2 LODGE ROAD WREXHAM
DATE RECEIVED:
28/10/2011
LL11 2DD
COMMUNITY:
Rhosddu
WARD:
Stansty
DESCRIPTION:
DEMOLITION OF EXISTING
DWELLING AND ERECTION OF 3
NO. 2 BEDROOM DWELLINGS
APPLICANT(S) NAME:
MR D JARVIS
CASE OFFICER:
SJG
AGENT NAME:
BLUEPRINT
ARCHITECTURAL
SERVICES LTD
MR D EDWARDS
_____________________________________________________________________
THE SITE
The site is on the corner of Lodge Road and Stansty Road.
Page No 59
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
As above.
The scheme is for a terrace of three 2 bed houses fronting Lodge Road, using
the existing access to Stansty Road. As part of the scheme the existing
dwelling would be demolished, and a garage has already been demolished.
RELEVANT HISTORY
P/2011/0870
Notification of demolition. Granted 30/12/2011
DEVELOPMENT PLAN
The site lies within the settlement limits. The lodge adjoining the site is a
grade II listed building. Policies PS1 PS2 H2 EC4 EC9 T8 and GDP1 of UDP
are relevant, together with LPGN 16 parking 17 trees 21 space around
dwellings and 30 residential design.
CONSULTATIONS
Rhosddu C Council:
Local Member:
Highways
Public protection
Environment Agency:
Welsh water
Site Notices:
Press advert:
Other representations:
Object, on grounds of:
1. Three dwellings are too many for this small site
and would be out of proportion.
2. The access to Stansty Road would be
dangerous, in a location where traffic calming
measures are proposed.
Consulted 1/11/2011
The access requires visibility splays of 3.4m x 56m
in both directions, and this is achievable.
Pedestrian visibility splays are also required,
together with 6 no. parking spaces and turning
facilities. The existing dropped kerb will be
widened and a 1.2m wide footway is required
along Lodge Road. Conditions are recommended
to cover these items.
Recommend condition and notes regarding
construction works.
Proposal is considered to have low environmental
risk
Recommend conditions
Expired 23/11/2011
Expired 2/12/2011
Adjoining occupiers notified. No comments
received.
SPECIAL CONSIDERATIONS/ ISSUES
Background: The existing dwelling on the site is in a very poor condition,
and demolition will be taking place soon.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Impact on listed building and visual impact: A key consideration in the
determination of this application is the impact upon the setting of the adjoining
listed building at 8 Lodge Road. By reason of virtue of its diminutive scale it
has potential to be compromised by this proposed development.
The original submission was considered to have a negative visual impact in
relation to this property. However several changes have been made, and final
amendments now show the development in relation to the current street
scene (Lodge Road), and this appearance is visually acceptable. It
appropriately confirms how the scheme will be viewed as a visual continuation
of the adjacent Grange Court, without compromising the setting to the listed
building on the other side. New boundary wall treatments are also proposed
for this road frontage to help strengthen features – to provide clear definition
between public and private areas. Bin areas are all located at the rear.
The earlier scheme also raised concerns in respect of the future maintenance
of the listed structure, as building work immediately adjacent its rear elevation
would prevent proper maintenance, or exacerbate damp problems within the
listed building. This matter has been addressed by the amended plans, and
providing these measures are implemented, this issue should be prevented
providing it is controlled by planning conditions.
Residential amenity: The dwelling to the south east (5 Grange Court) has
main windows facing the site, and therefore the development is appropriately
located away from those windows. Separation distances have been met.
Highway safety: Adequate visibility is available from the access onto Stansty
Road to consider the speed of traffic on that highway. The access is
proposed to be widened to 7.4 metre wide, and the scheme provides off street
parking for 6 cars and a turning area. This provision is considered acceptable
for the scale of development in this location, which is close to public transport
bus services, schools, shops and local facilities. A new 1.2m wide footway is
proposed along the Lodge Road frontage to improve pedestrian safety for
anyone using Lodge Road.
Based on these details the proposal is considered acceptable in terms of
highway safety subject to conditions. The suggestion by the community
council for having alternative access to Lodge Road, it is considered that this
may negatively impact the listed building, and it would be likely to reduce the
scale of development.
Trees: A number of trees were felled at the site prior to the submission of the
application. These trees were unprotected, and this took place with
consultation. They consisted mainly of conifer trees with little value in the
street scene.
Section 3.2.A from LPG 17 states that “where development results in the loss
of trees and hedgerows, new planting of at least equal number or canopy
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
cover to those lost will usually be required to mitigate for the loss”. In this
instance there is insufficient room to provide for significant new tree planting
on the site. Although replacement trees would be desirable, this cannot be
insisted upon in this case.
Conclusion: The scheme represents an acceptable re-development of this
neglected site, and provides a completion of the street frontage to Lodge
Road.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) numbered J068/001, 004B, 005D,
006B and contained within the application documentation.
3.
Prior to their use on the development samples of all roofing materials
shall be submitted to and approved in writing by the Local Planning Authority.
The development shall only be carried out in strict accordance with such
details as are approved.
4.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no further development shall
take place under Classes A, B, C and D of Schedule 2 Part(s) 1, other than
the development hereby granted permission.
5.
All works in relation to the implementation of this permission, including
deliveries to and / or leaving the site, shall be undertaken only between the
hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday,
and at no time on a Sunday or a Bank Holiday.
6.
The site shall be developed in accordance with the ground and / or
floor levels indicated on the approved plans. No changes to floor levels or
external ground levels shall be made without the prior written approval of the
Local Planning Authority.
7.
Each new dwelling hereby permitted shall be constructed to achieve a
minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1
credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the
requirements of the Code for Sustainable Homes: Technical Guide Version 3.
The development shall be carried out entirely in accordance with the approved
assessment and certification
8.
Construction of any dwelling hereby permitted shall not begin until an
'Interim Certificate' has been submitted to the Local Planning Authority,
certifying that a minimum Code for Sustainable Homes Level 3 and a
minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been
achieved for that individual dwelling or house type in accordance with the
requirements of the Code for Sustainable Homes: Technical Guide Version 3.
9.
Prior to the occupation of the individual dwelling hereby permitted, a
Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Planning Authority certifying that a minimum Code for Sustainable Homes
Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has
been achieved for that dwelling in accordance with the requirements of the
Code for Sustainable Homes: Technical Guide Version 3.
10.
No land drainage run-off or surface water shall be permitted to
discharge or connect to the public sewerage system, either directly or
indirectly, and foul and surface water shall be drained separately from the site.
11.
Prior to first use of the development the site shall be laid out in strict
accordance with layout plan(s) No. J068/005D.
12.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 56 metres in both
directions measured to the nearside edge of the adjoining highway. Within
these splays there shall be no obstruction in excess of 1 metre in height
above the level of the nearside edge of the adjoining highway. The splays
shall thereafter be permanently retained clear of any such obstruction to
visibility.
13.
Prior to first use of the development hereby approved a pedestrian
visibility splay shall be established measured from the centreline of the
vehicular access 2.4 metres back from the back edge of the footway to points
3.3 metres either side measured along the back edge of the footway. Within
these splays there shall be no obstruction in excess of 0.6 metres in height
above the level of the adjoining highway. The splays shall thereafter be
permanently retained clear of any such obstruction to visibility.
14.
Prior to first use of the vehicular access hereby approved, the access
shall be surfaced with hard bound materials (e.g. bituminous macadam) for a
minimum distance of 5 metres behind the adjoining highway.
15.
There shall be no gates or other means of enclosure across the
vehicular access point within 5 metres of the highway boundary.
16.
The vehicular access(es) hereby approved shall take the form of a
dropped vehicular crossing.
17.
No private surface water run off shall be permitted to flow from the
development site onto the adjoining highway. An Aco drain or similar shall be
provided across the approved access to intercept any such run off prior to first
use of the development.
18.
No part of the development shall commence until a scheme detailing
the construction of the following has been submitted to and approved in
writing by the Local Planning Authority:
1) Detailed layout, design, drainage and construction of the proposed new
footway and boundary wall/railings along Lodge Road.
The scheme as is approved shall be fully implemented prior to first use of the
development.
19.
Within three months of commencement of development, full details of a
hard and soft landscaping scheme together with a timescale for
implementation of works shall be submitted to and approved in writing by the
Local Planning Authority.
20.
The landscaping scheme submitted and approved in connection with
condition no. 19 shall be fully implemented in all respects within the agreed
timescale and in strict accordance with the approved scheme.
21.
The landscaping scheme as carried out in connection with condition no.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
20 shall be permanently retained. Any planting becoming severely damaged
or seriously diseased, or is in poor physiological condition and/or are removed
without the written permission of the Local Planning Authority shall be
replaced with trees or shrubs and within a timescale all to be submitted to and
approved in writing by the Local Planning Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure that the development fully complies with the appropriate
policies and standards.
3.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
4.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development
as described in the condition is carried out without the permission of the Local
Planning Authority.
5.
To protect the amenities of the occupiers of nearby properties.
6.
To ensure that the development fully complies with the appropriate
policies and standards.
7.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
8.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
9.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
10.
To protect the integrity of the public sewerage system and prevent
hydraulic overloading of the public sewerage system. To protect the health
and safety of existing residents and to ensure no detriment to the
environment.
11.
In the interests of highway safety.
12.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
13.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
14.
To ensure that no deleterious material is carried onto the highway, in
the interests of highway safety.
15.
In the interest of the free and safe movement of traffic on the adjacent
highway and to ensure the formation of a safe and satisfactory access.
16.
In the interests of highway safety.
17.
In the interests of highway safety.
18.
In the interests of highway safety.
19.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
20.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
21.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
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".
A licence should be obtained (as required by section 184 of the Highways Act
1980) from the Highway Authority in order to lower the kerbline and cross the
footpath at the new access position. Further guidance can be obtained from
the Highways Department of Wrexham County Borough Council on telephone
01978 729690.
You are advised that the use of renewable energy could enhance the value of
your development and make savings in terms of energy costs and reduce
your carbon footprint. You may wish to refer to the Council's published
guidance on small scale renewable energy generation and energy efficiency.
Advice is also available from a variety of sources including
www.energysavingtrust.org.uk
www.therenewableenergycentre.co.uk
The applicant is advised that compliance with condition no. 5 does not provide
an exemption from the statutory noise nuisance provisions of the
Environmental Protection Act 1990. Any complaints received relating to noise
from the development during the permitted hours may still be investigated
using the Council's Standardised Procedure for Dealing with Noise Nuisance
Complaints and legal action may be taken where appropriate.
Burning of waste generated from construction activities is not considered to be
an appropriate method of disposal and action may be taken as follows:
- Under the Environmental Protection Act 1990 anyone found disposing of
construction site waste by burning is likely to be in breach of their duty of care
with regard to waste disposal;
- Under the same Act an abatement notice may be served where smoke is
judged to be causing a nuisance to neighbouring properties. Failure to comply
with the requirements of the notice can result in prosecution;
- Under the Clean Air Act 1993 it is an offence for a commercial activity to
burn anything that gives rise to dark smoke.
To prevent offences under the above named Acts there should be no bonfires
on the site, to include the prohibition of the burning of cleared vegetation. The
applicant should contact the Council's Housing and Public Protection
Department on 01978 315300 for further advice and information.
Please note the attached comments from Welsh Water.
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The proposed footway should be constructed to a standard suitable for
adoption by the Council for future maintenance at the public expense and the
developer will need to enter into an agreement with the Council under
s.38/278 of the Highways Act 1980.
You are advised that the Highway Authority will require such works to be
completed to their satisfaction before they will formally adopt the relevant
Highway works for public use and to be maintained at public expense. This
will include the provision of a bond to cover the estimated value of such
works. The appropriate fees will become due to the Coundcil when the
Highways Authority approve the proposed works to be carried out.
_____________________________________________________________________
Page No 67
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0834
LOCATION:
6 FFORDD GRYFFYDD LLAY
WREXHAM
DATE RECEIVED:
14/11/2011
LL12 0RT
COMMUNITY:
Llay
WARD:
Llay
DESCRIPTION:
TWO-STOREY REAR EXTENSION
APPLICANT(S) NAME:
MRS MELANIE HALL
CASE OFFICER:
SJG
AGENT NAME:
MRS MELANIE HALL
_____________________________________________________________________
THE SITE
The site is on the north side of Ffordd Gryffydd, just west of Wats Dyke.
PROPOSAL
As above.
The proposal would provide larger bedrooms and bathroom for the 3 bed
house with a kitchen/dining room and side porch below.
Page No 68
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The application has been amended since it was first submitted, to reduce the
impact on the attached semi-detached house. The plans also show the
possible site of a conservatory, but this does not form part of the application.
The applicant is employed by the Council in Housing services.
RELEVANT HISTORY
None.
DEVELOPMENT PLAN
The site lies within the settlement limits. Policy GDP1 of UDP is relevant,
together with LPGN 20 extensions and 21 space around dwellings.
CONSULTATIONS
Llay C Council:
Local Member(s):
Site Notice:
Other representations:
No observations
Consulted 15/11/2011
expired 8/12/2011
Adjoining occupiers notified 16/11/2011. 1
objection received, on grounds of:
1. Adverse impact on adjoining property by
reason of overlooking windows.
2. Loss of sunlight and daylight due to proximity of
extension to boundary
3. Overbearing impact of a long extension.
4. Materials must match the existing
Neighbours have been re-consulted on the revised
plans by a letter dated 12/1/2012, giving 14 days to
respond.
SPECIAL CONSIDERATIONS/ ISSUES
Residential amenity: The original scheme did not meet the terms of local
planning guidance note 20 in terms of the proximity of the two storey
extension to the boundary.
I was concerned that the proposed extension would have had a detrimental
impact on the adjoining dwelling at 8 Ffordd Gryffydd, in terms of its height,
length and proximity to the boundary. Local Planning Guidance Note 20 on
house extensions recommends that 2 storey extensions are kept 2 metres
from a boundary with an attached dwelling, and must also pass the 45 degree
test (which this did not).
The design was also not in keeping with the design of the existing and
adjoining dwellings, in terms of the 7.2 metre wide gable width.
Page No 69
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
It was recommended that a revised design is considered, involving a reduced
first floor extension to overcome these concerns.
The revised scheme is considered to address these concerns. Whilst the
extension is still 4 metres long, it is now 2.4 metres from the boundary with the
attached semi-detached dwelling, and the gable width has been reduced to
4.8 metres. As such it is considered to comply with guidance note 20 and the
45 degree test.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) dated 19 January 2012 and as
contained within the application documentation.
3.
No facing or roofing materials shall be used other than materials
matching those used on the existing building.
4.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no windows or other
openings shall be inserted in any elevation of the extension facing east and
west (apart from the kitchen window shown on the approved plans).
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure that the development fully complies with the appropriate
policies and standards.
3.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
4.
To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
The permission hereby granted does not authorise encroachment upon, or
interference with, the adjoining property.
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
The permission does not authorise the conservatory shown on the floor plans.
_____________________________________________________________________
Page No 71
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0849
LOCATION:
CORNISH FARM FRANCIS LANE
HOLT WREXHAM
DATE RECEIVED:
21/11/2011
LL13 9YB
COMMUNITY:
Holt
WARD:
Holt
DESCRIPTION:
CHANGE OF USE OF LAND FROM
USE IN CONNECTION WITH
COMMERCIAL HORSE LIVERY TO
USE AS PREMISES FOR AN EQUINE
VETERINARY SERVICE
CASE OFFICER:
SJG
AGENT NAME:
L S PLANNING
MR LESLIE SMITH
APPLICANT(S) NAME:
MR A THORNLEY
_____________________________________________________________________
THE SITE
The site is on the north side of Francis lane, between Holt and Hugmore Lane.
Page No 72
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
As above.
The proposal is to relocate an equine vet practice from Caia Road, Wrexham.
The business will make use of a single storey building, previously used as an
annexe to the farm. 2 people will work at the office on the site, office hours
8.30-5.30pm Mon-Fri and 9-12.30pm Saturday. 4 vets will operate from the
site, visiting animals at their own premises. A stable would be rented at
Cornish farm for treatment. Details of parking have been supplied.
RELEVANT HISTORY
Code No
19590
21631
P/2000/1168
P/2011/0727
Description
Two storey extensions to existing
dwelling and incorporation of part of
field into residential cartilage
Conversion of barn into dwelling with
detached garage, alteration to existing
vehicular access and connection to
existing septic tank
Erection of horse exercise structure
(for private use only)
Certificate of lawfulness for existing
use of land and building for equestrian
purposes
Decision
Granted
date
11/11/1991
Granted
11/10/1993
Granted
5/3/2001
Granted
1/11/2011
DEVELOPMENT PLAN
The site lies outside the settlement limits. Policies PS1 PS2 E5 E6 T8 and
GDP1 of UDP are relevant, together with LPGN 16.
CONSULTATIONS
Holt C Council:
Raise strong objections to the proposal, on
grounds of:
- Hours of business – which could be 24 hour
causing disturbance at night in a Rural area.
- Extra volume of heavy vehicles on a totally
unsuitable country lane which is very narrow with
ditches both sides.
- Security issues as drugs will be kept on the site.
- Number of employees to operate the business
will also add to the volume of traffic.
The proposal would create noise and disturbance,
would be an accident waiting to happen, with
heavy trucks on an unsuitable country lane and
would totally destroy the Rural life of the residents.
Page No 73
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Local Member:
Ian Lucas MP
Highways
Public protection
Site Notice:
Other representations:
Raises concerns regarding the application and
documents.
It is clear that both the existing livery and proposed
veterinary uses will continue. There will therefore
be an increase in large vehicular movement.
The application site edged red only includes the
building and does not include the area designated
for parking.
There is more likely to be disturbance from vets
coming and going particularly if animals are
hospitalised. This could potentially mean vehicle
and light disturbance on a 24 hour basis, causing
concerns for the amenity of the residents living at
Ashiana.
The road is narrow, and pulling over to avoid
oncoming traffic for cars is not too much of a
problem. It is much more difficult with larger
commercial vehicles / trailers with only farm
gateways to be relied on as passing places.
Traffic levels may not be reduced significantly
following completion of the link road.
Requests that the representations made by
objectors are fully discussed and considered, and
that a committee site visit takes place to see the
location.
Recommend refusal on grounds of inadequate
visibility from the access. Request details of
parking and turning space.
No comments
Expired 15/12/2011
Adjoining occupiers notified 24/11/2011. 5
objections received, on grounds of:
a. The development will generate additional traffic
on a narrow lane unsuitable for such use,
causing dangers to pedestrians, cyclists and
road users and further damage to grass verges.
b. Premises will be used outside normal office
hours, causing noise and disturbance to
adjoining dwellings
c. Visibility from the access is very poor and the
width does not permit 2 vehicles to pass each
other.
d. Increase in crime risk from medicines stored at
the site
e. The car park is not included within the
application site, and there is inadequate
parking for the site.
f. Detrimental impact on Ashiana, which borders
the site on 2 sides. The property is overlooked
Page No 74
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
by the proposed office and will suffer noise and
disturbance from lights and activities,
particularly outside office hours.
g. The speed survey carried out in January was
not a carried out correctly and the results will
be misleading
h. The riding area could be a habitat for protected
species
SPECIAL CONSIDERATIONS/ ISSUES
The business is in addition to the horse livery business carried out at the farm
for many years, and now regularised by a LUC.
Policy: The operation of a small business at a farm, utilising existing
buildings, can be considered under policies E5 and E6 of the UDP. A horse
vet business is appropriate for a rural location in principle. The main issues
will relate to policy GDP1 of the UDP.
Highway safety: Francis Lane is a narrow, rural lane typically 2.7 metres
wide for the majority of its length with very few passing places, and cannot
easily accommodate the simultaneous movement of 2 vehicles. It is currently
used as a short cut to and from Wrexham Industrial Estate, but this use
should cease when the Industrial Estate Link Road and the changes to
Hugmore Lane are complete later this year.
Visibility from the existing eastern access is substandard in both directions as
it is impeded by hedgerows. It has been established that part of the
obstruction to the west is from a hedge within Ashiana which has been
allowed to grow into the visibility splay for the access to that property, and
action has been taken to require this to be cut back. A 40mph road would
require splays of 120 metres on both directions, and in view of the traffic
generation from the proposed use, and the use of the lane as a walking and
cycling route, an increase in traffic using the substandard access could not be
supported. Further comments will be made on receipt of the speed survey
carried out recently.
The agent has supplied a plan to include the car park and access within the
application site boundary, but not at a sufficient scale to assess the
parking/turning layout. He also requests that the application is not determined
until the additional highways information is available.
Residential amenity: The barn in front of the farm buildings was converted
in the 1980’s and is now in separate ownership. The operation of the
business will have an adverse impact on the residential amenities of this
property, but this impact must be assessed in terms of the impact of the
previous agricultural and present horse livery businesses. I take the view that
there would be additional disturbance to Ashiana which due to its location is
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
vulnerable to any impacts from the business in terms of noise, lighting and
vehicle movements, particularly outside normal working hours.
Ecology: There are records of protected species in this locality, but the
development does not involve additional operational development on the land
and is therefore considered to be unlikely to have an adverse impact on
protected species. Any significant hedge removal to improve visibility would
have to be assessed from an ecological point of view.
Conclusion: A farm diversification scheme can be considered under policies
E5 and E6, and this site already has an equine use. However, this proposal is
considered to be unacceptable on highway safety and residential amenity
grounds. A temporary permission to allow impacts to be assessed would not
be appropriate in this case. The agent will be submitted further information
on both issues, which will be included in the addendum report.
RECOMMENDATION: That permission be REFUSED
REASON(S)
1.
There is restricted visibility at the existing access and the provision of
suficient land for parking and turning of vehicles has not been demonstrated.
The increased use of the access would be detrimental to highway safety for
vehicle and other road users, contrary to policy GDP1d of the Wrexham
Unitary Development Plan.
2.
The operation of the proposed business in close proximity to Ashiana
would detract from the residential amenities of the property by reason of noise
and disturbance, contrary to policy GDP1f of the Wrexham Unitary
Development Plan.
_____________________________________________________________________
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0854
LOCATION:
SITE OF FORMER HIGHTOWN
FLATS LAND WEST OF KINGSMILLS
ROAD HIGHTOWN WREXHAM
DATE RECEIVED:
22/11/2011
COMMUNITY:
Offa
LL13 7YB
CASE OFFICER:
MP
DESCRIPTION:
DEMOLITION OF EXISTING
COMMUNITY RESOURCE CENTRE,
ERECTION OF 92 DWELLINGS TO
COMPRISE A MIX OF HOUSES AND
FLATS AND FORMATION OF
VEHICULAR AND PEDESTRIAN
ACCESSES
WARD:
Hermitage
AGENT NAME:
ISP ARCHITECTS LTD
ALISON JONES
APPLICANT(S) NAME:
MR CRAIG SPARROW WALES &
WEST HOUSING
_____________________________________________________________________
THE SITE
As above.
Application
site
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
The proposed development will deliver the following:



92 dwellings comprising:
- 23 x 2 bedroom houses;
- 21 x 3 bedroom houses;
- 2 x 4 bedroom houses;
- 2 x 2 bedroom bungalows;
- 15 x 1 bedroom apartments;
- 29 x 2 bedroom apartments.
Highway improvements along Nelson Street including street widening,
a 2m wide footway along the northern side and the provision of 12 onstreet parking bays for existing residents;
Improved cycleway/pedestrian link along the Kingsmills Road frontage
HISTORY
P/2010/0583
Outline application for residential development.
Granted 4.10.2010
DEVELOPMENT PLAN
Within settlement limit for Wrexham. Policies PS2, PS3, PS5, GDP1, EC4,
EC7, H2, CLF4, CLF5, T8, T9, T10, H7 apply.
Relevant supplementary planning guidance is provided by:
 Hightown Site Planning Brief adopted in October 2011;
 Local Planning Guidance Note 10 Public Open Space in New Housing
Development.
 Local Planning Guidance Note 16 Parking
 Local Planning Guidance Note 21 Space Around Dwellings.
CONSULTATIONS
Community Council:
Ad Community Council (Caia):
Local Member (Cllr James):
Adjoining Local Members
(Cllrs Jones & Gregory):
Deferred by Community Council at
their December and January
meetings until street elevation plans
recieved. Notified of amendments
16.1.12
No observations. Notified of
amendments 16.1.12
Notified 23.11.12. Notified of
amendments 16.12
Notified 23.11.12. Notified of
amendments 16.12
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Highways:
Public Protection:
Welsh Water:
Environment Agency:
Other Representations:
Press Notice:
Site Notices (x4):
Require additional
information/amendments.
Recommend conditions to require
measures to limit impact of
construction.
Recommend conditions.
Recommend condition requiring a
surface water drainage scheme.
Nearby occupiers notified 11.1.12. 1
representation received making
following comments:
- pleasing to see low rise buildings.
Flats well placed and compliment
multi-storey accommodation on
the other side of Kingsmills Road;
- confusion of different materials
proposed for flats, houses and
Community Resource Centre;
- concerns about design of
Community Resource Centre;
- concern over location of access –
potential for greater congestion;
- loss of amenity space and trees;
2 letters (1 including the signatures of
22 local residents) were received in
2011 following the granting of outline
planning permission reference:
P/2010/0583. These expressed the
following comments also relevant to
this application:
- less people using Beechly Road
during early hours of the morning
to less disturbance and littler for
residents;
- site should be kept free from
future development – the green
space is a positive community
resource;
- other locations suitable for social
housing.
Expired 10.2.12
Expired 1.2.12
SPECIAL CONSIDERATIONS
Background: Members will recall that outline planning permission was
granted for residential development in October 2010. The site was previously
occupied by high density housing (predominantly flats) that were in a poor
structural condition and requiring prohibitively expensive refurbishment work.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Policy: The lies within the settlement and is not allocated for any specific use
in the UDP and as such there is no policy objection in principle to it being
redeveloped. Furthermore the principle of redevelopment has been
established via the granting of outline planning permission. Guidance on the
design principles that the development needs to take into account is provided
by the Planning Brief.
Design and Layout: The site will have 2 distinct areas of built development
separated by a large centrally located area of open space. There will be 10
dwellings and 21 flats located on the northern built development area with the
remainder located on the southern one. A smaller area of open
space/landscaping will also be provided adjacent to the Brynycabanau/Nelson
Street road junction.
Most of the built development will face onto the highways adjoining the site or
onto the central area of public open space. Three storey blocks of flats will
add interest and variety to the height and form of development. They have
also been appropriately located to ‘round off’ built the frontages facing
Kingsmills Road as well as provide an entrance feature either side of the
central public open space area. Whilst the form and layout of development
proposed is acceptable I do have some reservations about the external
appearance of the flats and have sought amendments to ensure there is more
consistency between their appearance and that of the proposed dwellings.
The proposed dwellings will be semi-detached or grouped into short terraces
of 3, 4 or 5 dwellings. The design of the dwellings incorporates common
features to ensure cohesiveness to the overall development yet differences in
ridge height, materials and elevation detail will mean there is a sufficient
degree of variation to give interest to each frontage. Together with the
proposed flats (subject to the amendments I have sought), the dwellings will
provide attractive and strong built frontages whilst also providing natural
surveillance of public areas. The development will significantly enhance the
Kingsmills Road/A525 frontage - a key gateway into Wrexham and will be a
noticeable improvement over the flats that previously occupied the site.
The Planning Brief only envisages 1, 2 and 3 bedroom dwellings and flats
being built on this site. Whilst nearly all of the dwellings confirm to this
guidance, two four bedroom dwellings are proposed. These dwellings will
provide affordable accommodation for larger families, form an integral part of
the development and will not detract from the overall character of the
development. I do not consider this minor departure from the Planning Brief
to be a matter of concern.
The open space areas are well located, with the central one providing a clear
and attractive visual break between the two development areas. The central
open space will be easily accessible for residents of the development as well
as from the wider community and both will benefit from natural surveillance
from the built development.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Parking has been accommodated in a way that will minimise the intrusion of
parked cars along the most prominent frontages. The dwellings facing
Brynycabanau Road and Nelson Street will have their own private driveways.
The dwellings will be set back just over 2 metres from the footway thus
screening the views of parked cars. The dwellings facing the public open
space and Kingsmills Road will have parking areas at the rear and the flats
will have communal parking areas.
The boundaries of the site with Kingsmills Road, Brynycabanau Road, Nelson
Street and the areas of individual dwellings will be enclosed by a mixture of
brick walls and low railings. These will assist in enhancing the street scene –
particularly along the Kingsmills Road frontage.
Community Resource Centre: The existing Community Resource Centre at
the southern end of the site is to be demolished to make way for the proposed
dwellings. Permission was originally sought for a replacement Community
Resource Centre as part of this application however it has now been
withdrawn to allow further time for its siting and design to be finalised. The
new Community Resource Centre will now be subject to a separate planning
application but will be located at the northern-most end of the site.
I recognise that the existing centre is an important local facility, providing a
clinic and a community centre. It would therefore be inappropriate for it to be
demolished in advance of its replacement having been provided. I therefore
intend to impose conditions to prevent its demolition and the redeveloping of
its car park until a replacement Community Resource Centre has been
provided.
Amenity: The proposed dwellings will provide an acceptable standard of
amenity of future occupiers whilst also ensuring that the amenity of occupiers
of nearby properties – particularly those properties on or adjoining
Brynybanana Road and Nelson Street, will not be significantly or adversely
affected.
Access/Parking: All of the dwellings fronting onto Brynycabanua Road and
Nelson Street will have their own vehicular accesses and private drives. The
flats and remainder of the houses will be accessed via one of two shared
accesses – one on Brynycabanua Road and the other at the eastern end of
Nelson Street. Adequate visibility is provided for all of the accesses to the
site.
Nelson Street is currently in a poor condition. On street parking by existing
residents is also common owing to a lack of private driveways or communal
parking areas. The development seeks to remedy both of these issues by
increasing the width of the street, resurfacing it as well as providing 12 parking
bays for existing residents. A new 2 metre wide footway along the full length
of the northern side of Nelson Street will also ensure adequate pedestrian
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
access to the development whilst improving dedicated pedestrian provision for
existing residents and the wider community.
The majority of the houses will have 2 parking spaces and 1 space per flat is
provided. Given the proximity of the site to the town centre, the provision of
local facilities and good public transport within a short distance of the site, I
consider this to be appropriate despite being below the maximum standards
set out in LPG16.
Pedestrian and cycling provision will be enhanced via a new 3m wide
combined footway and cycleway along the Kingsmills Road frontage and a 3m
wide footway across the central area of open space and as noted above, a
new 2m wide footway will also be provided along the Nelson Street frontage.
Notwithstanding the above, some amendments are required in response to
comments made by Highways, however these will not require a substantial
redesign of the scheme nor do I anticipate there being any major difficulty in
addressing these outstanding matters. The applicant’s agent has been
advised of Highways comments and I await amended plans.
Public Open Space: To fully accord with policy CLF5, a total of 7360 square
metres of public open space would need to be provided however the on site
provision is approximately 40% the policy requirement. Nevertheless owing to
the history of this site, I do not believe the on-site provision conflicts or
undermines the objectives of the policy in this instance for the following
reasons:
i)
ii)
iii)
The development does not result in any net loss in public open
space provision;
The open space provided by the development will be of a higher
quality than that on site at the moment – it will be provided with an
important pedestrian link between Brynycabanau Road and
Kingsmills Road, will be landscaped and will adjoin a higher
standard of development;
The southern end is only 50 metres from the children’s play area on
Brynycabanau Road which can be safely accessed on foot.
Wales and West will retain ownership and maintain a small area of open
space surrounding the community resource centre with the rest being adopted
and maintained by the Council.
Taking into account the fact that Wales and West will be enhancing
community facilities by ultimately providing a new community resource centre
and the associated expense of constructing that building, I do not intend to
require the full commuted sum for future maintenance of the public open
space that is to be adopted. Given that the on-site provision is approximately
a third of the normal policy requirement, it would be appropriate in this
instance for the commuted sum to be a third of the usual £1000 per dwelling –
or £30,360.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Trees: The most prominent and important trees on the site will be retained
and will be integrated into the proposed areas of public open space. New
planting will also provided.
Education: The outline planning permission was granted without a
requirement for contributions to schools owning to the fact that the
redevelopment of the site will result in a reduction in the number of dwellings.
The number of proposed dwellings then envisaged was around 70.
Whilst the current application proposes 92 dwellings, 15 are 1 bedroom flats
thus meaning that in any other case the contribution would normally be
calculated on the basis of 77 dwellings. However this still represents a
reduction in the number of dwellings where families with children could have
lived (there were 92 x 2 and 3 bedroom flats prior to their demolition) thus
there will still be a net reduction in the demand for school places. As such I
remain of the opinion that contributions to school are not required in this
instance.
Drainage: Welsh Water have not raised any objection to the application
although do advise of standard requirements for foul, surface and land water
to be drained separately so that the latter two do not drain into the public
sewer. A drainage strategy submitted with the application suggests that the
site is suitable for soakaway drainage which should ensure that surface and
land drainage can be adequately dealt with within the site. A detailed surface
water drainage scheme has not yet been designed so a condition requiring
further details is required – as recommended by the Environment Agency.
There is a public sewer crossing the site centre of the site in an east-west
direction. Most of the sewer will lie in the proposed centre area of open space
but is still likely to require some realignment at western end of the site to cater
the development. This is a matter for the developer to resolve privately with
Welsh Water.
Other Matters: I note comments have been made about fewer pedestrians
using nearby streets late at night since the former flats were demolished. The
behaviour of previous occupiers of the site or of future occupiers of the
proposed development is not a material planning consideration. It is only
possible for the Planning Authority to consider the impacts of the built
development itself and of the land uses proposed. If future residents engage
in anti-social behaviour, it will be a matter for Wales and West (as landlord)
and/or the police to address.
Conclusion: The development accords with the design principles set out in
the Planning Brief, will lead to a significant enhancement to the appearance of
the site whilst also delivering 92 affordable dwellings. Subject to the
outstanding design matters being addressed, I am satisfied the development
accords with UDP policies.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and
Country Planning Act 1990 to secure a commuted sum of £30,360 for the
future maintenance of the areas of on-site open space to be adopted by the
Local Authority.
The Head of Community Wellbeing and Development be given delegated
authority to settle the final form and content of the obligation.
RECOMMENDATION B
That upon the expiry of the publicity period and:a) Provided any additional representations received do not raise matters
relevant to planning and not already addressed in my main report or in
the addendum; and
b) submission of amended plans that address the outstanding design
matters referred to in my main report; and
c) completion of the planning obligation;
The Head of Community Wellbeing and Development be given delegated
authority to Grant planning permission subject to the following conditions:
/2011 /0854
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
Prior to their use on the development samples of all external facing and
roofing materials shall be submitted to and approved in writing by the Local
Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
Each new dwelling hereby permitted shall be constructed to achieve a
minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1
credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the
requirements of the Code for Sustainable Homes: Technical Guide Version 3.
The development shall be carried out entirely in accordance with the approved
assessment and certification
4.
Construction of any dwelling hereby permitted shall not begin until an
'Interim Certificate' has been submitted to the Local Planning Authority,
certifying that a minimum Code for Sustainable Homes Level 3 and a
minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been
achieved for that individual dwelling or house type in accordance with the
requirements of the Code for Sustainable Homes: Technical Guide Version 3.
5.
Prior to the occupation of the individual dwelling hereby permitted, a
Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local
Planning Authority certifying that a minimum Code for Sustainable Homes
Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has
been achieved for that dwelling in accordance with the requirements of the
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Code for Sustainable Homes: Technical Guide Version 3.
6.
No part of the existing community centre and clinic shall be demolished
until a new community resource centre has been completed and brought into
use on Zone 2 as shown on approved drawing no 6791/L(9)01.
7.
No part of the part of the car park to the rear of the existing community
centre and clinic shall be developed until a new community resource centre
shown has been completed and brought into use on Zone 2 as shown on
approved drawing no.6791/L(9)01. For the avoidance of doubt works shall not
commence on plots 15, 16, 17, 21, 22, 27, 28, 29 and 30, to include the
digging and laying of footings and foundations, until a new community
resource centre has been brought into use on the aforementioned land.
8.
No part of the development shall commence until details of the
implementation, maintenance and management of the sustainable drainage
scheme have been submitted to and approved in writing by the Local Planning
Authority. The scheme shall be implemented and thereafter managed and
maintained in strict accordance with the details as approved. Those details
shall include:
i. a timetable for its implementation, and
ii. a management and maintenance plan for the lifetime of the development
which shall include the arrangements for adoption by any public body or
statutory undertaker, or any other arrangements to secure the operation of the
sustainable drainage scheme throughout its lifetime.
9.
No part of the development shall commence until a detailed
Arboricultural Method Statement has been submitted to and approved in
writing by the Local Planning Authority. No development or other operations
shall take place except in strict accordance with the Method Statement as is
approved. The Method Statement shall include the following:
1) A specification for tree protection fencing and ground protection measures
that comply with British Standard 5837:2005;
2) A Tree Protection Plan showing the location of the trees to be removed and
retained with their crown spreads, Root Protection Areas, Construction
Exclusion Zones, and location of protective fencing and ground protection
measures accurately plotted;
3) A full specification for any access, driveway, path, underground services or
wall foundations within retained tree Root Protection Areas or Construction
Exclusion Zone, including any related sections and method for avoiding
damage to retained trees;
4) Details of general arboricultural matters including proposed practices with
regards to cement mixing, material storage and fires;
5) Details of the frequency of supervisory visits and procedures for notifying
the findings of such visits to the Local Planning Authority;
6) Method for protecting retained trees during demolition works;
7) Details of all proposed tree works, including felling and pruning.
10.
Within three months of commencement of development, full details of a
hard and soft landscaping scheme together with a timescale for
implementation of works shall be submitted to and approved in writing by the
Local Planning Authority.
11.
The landscaping scheme submitted and approved in connection with
condition no. 08 shall be fully implemented in all respects within the agreed
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
timescale and in strict accordance with the approved scheme.
12.
The landscaping scheme as carried out in connection with condition no.
09 shall be permanently retained. Any planting becoming severely damaged
or seriously diseased, or is in poor physiological condition and/or are removed
without the written permission of the Local Planning Authority shall be
replaced with trees or shrubs and within a timescale all to be submitted to and
approved in writing by the Local Planning Authority.
13.
A 3m wide combined footway and cycleway shall be provided from
along the Kingsmills Road frontage from the north-east corner of the central
area of Public Open Space as shown on approved drawing no. 6791/L(9)01 to
the junction of Kingsmills Road and Brynycabanua Road. The footway shall
be constructed to a standard suitable for Highways adopted and shall be
completed in full prior to the first occupation of plots 72- 92 inclusive.
14.
No more than 46 dwellings shall be occupied until a 3.0 metre wide
footway has been provided to a standard suitable for Highway adopted across
the central area of public open space to link Kingsmills Road with
Brynycabanau Road in accordance with details that shall have first been
submitted to and approved in writing by the Local Planning Authority.
15.
No more than 46 dwellings shall be occupied until the areas of Public
Open Space area shown on the approved drawing no. 6791/L(9)01 has been
completed to the standard indicated in writing by the Local Planning Authority
as suitable for adoption as Public Open Space and shall thereafter be
maintained to that standard for a minimum period of 1 year.
16.
None of the dwellings to the south of the central area of public open
space shall be occupied until the highway improvement works to Nelson
Street shown on approved drawing no. 6791/L(9)03 have been completed to a
standard suitable for Highway adoption.
17.
The proposed vehicular access from/to Brynycabanau Road to serve
the Community Resource Centre and plots 7-10 (inclusive) and 72-92
(inclusive) shall be provided with visibility splays of 2.4 x 43 metres in both
directions as measured to the nearside edge of the adjoining carriageway
within which there shall be no obstruction to visibility in excess of 1m in height
above the adjoining carriageway. The splays shall be provided prior to the
first occupation/us of any of the Community Resource Centre and the
aforementioned dwellings and shall thereafter retained free of all such
obstructions.
18.
The proposed access road at the to/from Nelson Street to serve 15-26
(inclusive), plots 35-38 (inclusive) and plots 39-71 (inclusive) shall be provided
with visibility splays of 2.4 x 33 metres in both directions as measured to the
nearside edge of the adjoining carriageway within which there shall be no
obstruction to visibility in excess of 1m in height above the adjoining
carriageway. The splays shall be provided prior to the first occupation of the
aforementioned dwellings and thereafter retained free of all such obstructions.
19.
The estate roads and footways shall be progressively constructed to
base coat standard from Brynycabanau Road in respect of the estate road
serving the Community Resource Centre and plots 7-10 (inclusive) and 72-92
(inclusive) and Nelson Street in respect of the estate road serving plots 15-26
(inclusive), plots 35-38 (inclusive) and plots 39-71 (inclusive) across the
frontage of each plot prior to occupation of the building erected thereon.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
20.
All works in relation to the implementation of this permission, including
deliveries to and / or leaving the site, shall be undertaken only between the
hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday,
and at no time on a Sunday or a Bank Holiday.
21.
No part of the development shall commence until an appropriate Dust
Management Scheme has been submitted to and approved in writing by the
Local Planning Authority. The dust mitigation measures as are approved shall
be fully implemented for the entire duration of the construction phase.
22.
No development shall take place within 3 metres either side of the
public sewer which crosses the site.
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 comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
4.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
5.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
6.
To ensure adequate provision of community facilities is retained on the
site.
7.
To ensure adequate provision of community facilities is retained on the
site.
8.
To ensure satisfactory drainage of the site and to avoid flooding.
9.
To ensure the work is carried out to accepted arboricultural practices
for the long term well being of the tree(s).
10.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
11.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
12.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
13.
To provide an adequate pedestrian / cycleway link from the
development site.
14.
To provide an adequate pedestrian through the development site.
15.
To ensure an adequate provision of open amenity space for use by
residents in accordance with the Council's standards.
16.
To ensure the formation of a safe and satisfactory access.
17.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
18.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
19.
To ensure adequate means of access to the development is provided
prior to first occupation/use.
20.
To protect the amenities of the occupiers of nearby properties.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
21.
22.
To protect the amenities of the occupiers of nearby properties.
To prevent pollution of the water environment.
NOTE(S) TO APPLICANT
The landscaping scheme required by condition 08 shall include full details of
all boundary treatment, a planting specific for all soft landscaping and full
details of the landscaping of the areas of public open space.
The applicant is advised that compliance with condition no. 19 does not
provide an exemption from the statutory noise nuisance provisions of the
Environmental Protection Act 1990. Any complaints received relating to noise
from the development during the permitted hours may still be investigated
using the Council's Standardised Procedure for Dealing with Noise Nuisance
Complaints and legal action may be taken where appropriate.
The applicant is advised that the Council has the option to control construction
noise by serving a Control of Pollution Act 1974, Section 60, Notice where
deemed necessary, and failure to comply with such a Notice can result in
prosecution. For further information and advice regarding construction noise
please contact the Council's Housing and Public Protection Department on
01978 315300.
Applicants are advised that compliance with condition no. 21 does not provide
an exemption from the statutory nuisance provisions of the Environmental
Protection Act 1990. Under the Act dust from any type of activity can be
judged to be causing a statutory nuisance to neighbouring properties. A legal
notice can be served requiring that the dust nuisance is abated and failure to
comply with the requirements of the notice can result in prosecution. The
applicant should contact the Council's Housing and Public Protection
Department on 01978 315300 for further advice and information.
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
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Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
RECOMMENDATION C
That if the Obligation pursuant to Section 106 of the Town and Country
Planning Act 1990 is not completed within six months of the date of the
Committee resolution the Chief Planning Officer be given delegated authority
to refuse the application for the following reason:1. The development makes inadequate provision for the provision of and
long term maintenance and management of open space on site and the
locality. This will result in a poor standard of development and will
compromise the standard of amenity afforded to future occupiers of the
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site and occupiers of existing properties in the locality. As such the
development does not accord with policies GDP1 and CLF5 of the
Wrexham Unitary Development Plan.
_____________________________________________________________________
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APPLICATION NO:
P/2011 /0857
LOCATION:
HILLRISE REAR OF DEPOT MAIN
ROAD RHOSROBIN WREXHAM
DATE RECEIVED:
23/11/2011
LL11 4RY
COMMUNITY:
Gwersyllt
WARD:
Gwersyllt East & South
DESCRIPTION:
USE EXISTING STORE ROOM /
WORKSHOP AS MOT TEST BAY
APPLICANT(S) NAME:
MR R BOLTON R & B BIKES
CASE OFFICER:
PF
AGENT NAME:
R & B BIKES
MR R BOLTON
_____________________________________________________________________
THE SITE
Olivet
Gardens
Existing
vehicular
access points
PROPOSAL
The proposal is to utilise part of the existing building as an MOT testing bay
for motorcycles, consisting of the installation of vehicle testing equipment and
the use of an existing small office as an office / waiting area.
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HISTORY
None relevant
DEVELOPMENT PLAN
Within settlement limit. Policies PS2, GDP1 and T8 refer. Local Planning
Guidance Note 16 is also applicable.
CONSULTATIONS
Community Council:
Local Member:
Site notice:
Highways:
Public Protection:
Other representations:
No objection
Notified 25.11.2011
Expired 19.12.2011
No objection.
No objection. Recommends hours restriction
condition.
8 neighbouring occupiers notified. 2
representations received raising the following
points:
 Traffic – Olivet Gardens currently suffers from
parking congestion from residents on Llay Main
Road and customers of the existing units
adjacent to the site. This causes problems /
damage to private property for those residential
occupiers on Olivet Gardens.
 Noise – The proximity of the industrial units to
the residential accommodation has the
potential to cause noise nuisance through the
use of machinery and the visiting customers
 Emissions – The site is located close to Olivet
Gardens which is surrounded by Llay Main
Road, the A483 and the existing industrial
units. The increased use of the site for the
service of motorcycles will increase air pollution
further.
 The unit could potentially be used as a meeting
place for motorcyclists which could compound
traffic, noise and emissions issues.
SPECIAL CONSIDERATIONS
Amenity: The proposal seeks to utilise part of an existing building which was
previously used as a wholesale warehouse for electrical equipment. The
neighbouring unit is occupied by a tyre fitting business for motor vehicles.
The industrial units have been in situ for at least 30 years. The use of the
portion of the building as an MOT testing bay is a sui generis use and would
allow only the testing and inspection of vehicles. The use of the building for
motor vehicle repair and maintenance would fall under a B2 use and does not
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
form part of this application. The potential disturbance to the neighbouring
residential occupiers is by way of noise. Public Protection have responded
stating no objection subject to a condition to restrict the opening hours of the
unit from 9am to 5pm Monday to Saturday and at no time on Sundays or Bank
Holidays. Given that all inspections and testing would be carried out inside
the building between these times I do not consider that the noise levels will be
detrimental to the amenity of the neighbouring residential occupiers. The
same conclusion is applied to potential air pollution. I propose to add a
condition to any approval restricting any general repairs or maintenance on
the site and the operation of machinery or air compression equipment
externally.
Highways: The entire building is currently unoccupied but has previously
been used as wholesale storage building. The building would currently
require 6 vehicle spaces (1 space per 100m2 gross floor space) as a B8 use.
The proposal would reduce this B8 floor area to require 5 spaces for the
remaining portion of the building.
The rear portion of the building where the proposed MOT bay is situated is
located adjacent to a vehicular entrance point on to Olivet Gardens. There
appear to be approximately 3 car spaces in this area. The applicant has
indicated the intention to use the entrance on to Llay Main Road and allow
vehicles to access the rear of the building through the site. The MOT testing
bay is proposed solely for motorcycles and it is likely that the customers will
arrive by motorcycle and wait on site whilst the test is carried out. Visitors by
motor car are likely to be restricted to staff movements and deliveries which
can be accommodated either to the front or rear of the site. Highways have
indicated that given the testing is proposed solely for motorcycles, there is
sufficient provision to cater for such vehicles and visibility at both access
points is adequate. On this basis there are no highway objections subject to a
condition restricting the MOT facility solely for motorcycles. I do not consider
that the proposed use will generate a significant number of traffic movements
that will cause any additional harm to highway safety along Olivet Gardens or
Llay Main Road.
Conclusion: Given that the lawful use of the building at present has the
potential to generate some levels of noise and the proposed use is limited to
the inspection and testing of vehicles I do not consider that there will be a
significant detriment to the amenity of the neighbouring residential occupiers
by way of noise and air pollution. Access and parking arrangements are
considered acceptable therefore I recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The premises shall be used solely as an MOT testing facility for
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
motorcycles and shall be limited to one MOT test bay. For the avoidance of
doubt the facility shall not be used for the testing or inspection of motor cars or
commercial vehicles.
3.
No part of the development shall commence until further details of a
scheme of vehicular parking facilities for 3 motor cars have been submitted to
and approved in writing by the Local Planning Authority. The facilities as are
approved shall be fully laid out, surfaced and drained prior to first use of the
development, and shall thereafter be permanently retained and kept free of
any obstruction, and made available solely for the parking and turning of
vehicles in connection with the MOT test facility hereby approved.
4.
No storage shall take place in the open on any part of the site.
5.
There shall be no use of any power tools or air compression equipment
on any part of the site other than within the building.
6.
The premises shall not be used for the testing or inspection or vehicles
and shall only be open for customers between the hours of 0900hrs to
1700hrs, Monday to Saturday and at no time on Sundays and Bank Holidays.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure that the use of the site does not cause undue harm to
highway safety given the limited on site parking provision.
3.
To provide for the parking and turning of vehicles clear of the highway
and to ensure that reversing by vehicles into or from the highway is rendered
unnecessary in the interest of traffic safety.
4.
The site is prominently located adjacent to a residential area where
outside storage of materials and / or equipment may harm the visual amenity
of the area.
5.
The site is prominently located adjacent to a residential area where the
use of power tools or air compression equipment has the potential to cause
noise disturbance.
6.
To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
The applicant is advised that compliance with condition nos 5 and 6 does not
provide an exemption from the statutory noise nuisance provisions of the
Environmental Protection Act 1990. Any complaints received relating to noise
from the development during the permitted hours may still be investigated
using the Council's Standardised Procedure for Dealing with Noise Nuisance
Complaints and legal action may be taken where appropriate.
_____________________________________________________________________
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APPLICATION NO:
P/2011 /0872
LOCATION:
15 ST GEORGES CRESCENT
WREXHAM
DATE RECEIVED:
01/12/2011
LL13 8DA
COMMUNITY:
Caia Park
WARD:
Smithfield
DESCRIPTION:
ALTERATIONS AND EXTENSIONS
(PARTLY IN RETROSPECT)
APPLICANT(S) NAME:
MR ROBERT STULIGLOWA
CASE OFFICER:
PF
AGENT NAME:
MR ROBERT
STULIGLOWA
_____________________________________________________________________
THE SITE
Site
Shop front
PROPOSAL
The proposal is made in retrospect for alterations to the shop front of the
existing building. Alterations have also been made to the right hand side of
the frontage to introduce full length glazed doors.
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HISTORY
WRC 24112
P/2001/0292
P/2006/0499
Demolition of existing premises and erection of
retail/office unit. Granted 26.03.1996
Demolition of existing premises & erection of retail / office
unit. Previously granted under Code No. WRC 24112.
Granted 17.05.2001
Demolition of existing premises and erection of
retail/office unit (previously granted under code no. WRC
P/2001/0292). Granted 19.06.2006
DEVELOPMENT PLAN
The site is within settlement. Policies PS2, GDP1 and Local Planning
Guidance Note 12 – Shop fronts refer.
CONSULTATIONS
Community Council:
Local Member:
Site Notice:
Other Representations:
Concerns raised that the works may lead to an
increase in unloading and servicing of the
premises as problems exist at present.
Notified 01.12.2011
Expired 03.01.2012
4 neighbouring occupiers notified 06.12.2011
SPECIAL CONSIDERATIONS
Visual impact: The proposed alterations appear relatively minor in terms of
the main shop front. The materials are matching those elsewhere on the
building and the door way has shifted only a small distance. The white uPVC
shop front replaces a wooden doorway which is considered to improve the
appearance of the building. For these reasons I am satisfied that the proposal
is acceptable in visual terms.
Uses: The proposal appears to have created some form of subdivision of the
commercial floor area. This relates to the part of the building behind the white
uPVC frontage. I note the concerns that this could cause addition traffic
problems in relation to the deliveries etc. However this planning application is
to consider the external alterations of the building. The subdivided section of
the building appears unoccupied but members should note that provided a
building is subdivided within the same use class then this would not require an
application for planning permission. An informative can be added to any
approval to remind the applicant that any use of this part of the building that
does not fall within class A1 will require an application for planning
permission.
Conclusion: I am satisfied that the proposal does not cause detriment to the
character of the building or street scene and for this reason I recommend
accordingly.
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RECOMMENDATION: That permission be GRANTED
NOTE(S) TO APPLICANT
The applicant is advised that this permission does not authorise the subdivision of the building to any other use which would fall outside class A1
(Retail) of the Town and Country Planning (Use Class) Order 1987 (as
amended).
_____________________________________________________________________
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0875
LOCATION:
LAND ADJOINING TO THE SOUTH
OF BALDRUMMA 87 WYNNSTAY
LANE MARFORD WREXHAM
DATE RECEIVED:
02/12/2011
COMMUNITY:
Gresford
LL12 8LH
CASE OFFICER:
MP
WARD:
Marford & Hoseley
DESCRIPTION:
ERECTION OF SINGLE STOREY
DWELLING
APPLICANT(S) NAME:
MR T REESE
AGENT NAME:
BOB DEWEY PLANNING
MR R A DEWEY
_____________________________________________________________________
THE SITE
The application site forms part of the extensive garden of no.87 Wynnstay
Lane, Marford. The application site comprises the southern half of the plot
and has frontages on both Wynnystay Lane and Hudson’s Hill.
Land subject to refusal and
appeal dismissed ref:
P/2007/1398
Application site and
approximate footprint
of dwelling
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
As above. The dwelling will be provided with a detached single garage is also
proposed.
HISTORY
Application site:
WRDC/5931 Erection of 1 detached bungalow and garage. Refused
25.3.1971. Appeal dismissed 22.2.1972.
ALL/4022
Erection of dwelling and construction of new vehicular and
pedestrian access. Refused 29.6.78.
MAH/10649 Erection of detached house, construction of new pedestrian
access and alteration to existing vehicular access. Refused
26.11.85
GRE/23486 Erection of dwelling and construction of new vehicular access.
Refused 31.7.1995
Wineberry House
P/2007/1398 Outline application for erection of detached two-storey dwelling.
Refused 9.1.2008. Appeal dismissed 4.6.2008
DEVELOPMENT PLAN
Within settlement. Policies GDP1, EC4, H2 and T8 apply.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
The Community Council is concerned the proposal
may result in the loss of mature trees which should
be resisted; also regarding additional vehicular
accesses in this area - access to the site should
not be onto Hudsons Hill as this Hill was deemed
unsuitable for vehicular traffic by the Highway
Authority many years ago
Notified 7.12.11
Recommend measures to protect amenity of
neighbours during construction.
Make following comments:
- existing access to Baldrumma suffers from
inadequate visibility;
- proposed access will have adequate visibility;
- recommend section of wall is reduced in height
to improve visibility for existing access;
- proposed access should be 3m wide, hard
surfaced for 5m from the highway boundary,
have gates within 5m;
- adequate parking and turning provided;
- recommend conditions.
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Welsh Water:
Environment Agency:
Access Group:
Site Notice
Other Representations:
Recommend drainage conditions.
Standard advice applies.
Notified 7.12.11
Expired 3.1.12
1 letter refers to previous a previous refusal on the
adjoining site and making the following comments:
- refers to Inspector’s decision for P/2007/1398;
- should permission be granted for this
application, this change of opinion would set a
precedence and would negate the reasons for
refusal of development on the adjoining site;
- application for adjoining site to be re-submitted
but for a bungalow;
- Beech House has a large double garage to the
rear which can be likened to a small single
storey dwelling.
1 letter of support and making the following
comments;
- the site and adjacent plots are far larger than
the majority in Wynnstay Lane and subdivision
would not detract from the overall character of
the area;
- The lack of pavement is not an issue as there
is no pavement anywhere along Wynnstay
Lane or Hudson’s Hill;
- support lowering of the hedge along the
boundary of Wynnstay Lane. This will improve
visibility for all of the community using
Hudson’s Hill.
SPECIAL CONSIDERATIONS
Policy: The site lies within the settlement and is not allocated for any specific
use/development nor are there any policies which afford the gardens of
existing dwellings specific protection. In accordance with policy H2, there is
no objection in principle to the development.
Paragraph 6.9 of the UDP states that ‘Attractive tree-lined, and/or low density
areas (e.g the Chester Road/Maes Y Dre Road/Penymaes Avenue/Park
Avenue or the Wynnstay Lane/Stancliffe Avenue/Pistyll Hill/Hoseley Lane
locality in Marford), must not be spoilt by insensitive developments which
increase densities, result in the loss of private or public open space; or detract
from the general character of the area.
It is necessary to consider whether the subdivision of the garden of
Baldrumma, no.87 Wnnystay Lane and development of the site as proposed
would prove harmful to the low density character of Wynnystay Lane. In doing
so I will take into account previous unsuccessful attempts to obtain permission
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to subdivide and develop parts of the garden of Baldrumma as well as the
planning and appeal decision on Wineberry House which is adjacent to
Baldrumma.
Character of Wynnstay Lane: The general character of the eastern side of
Wynnstay Lane comparatively large dwellings on large plots of land and set
back some distance from the highway. In many cases the large front gardens
are landscaped which adds to the spacious and low density character of the
area. Despite this there is a significant degree in variation in plot size of
individual properties. The table below lists the size of Baldrumma (including
application site) and the next 4 properties to the north:
Property
Baldrumma
Wineberry House
Beech House
No.81
No.79
Approximate plot size
(m²)
4000 m²
5200 m²
4000 m²
2400 m²
2000 m²
Plot width (frontage
with Wynnstay Lane
58m
42m
34m
22m
20m
Despite this variation, the average plot size along eastern side of Wynnstay
Lane is approximately 2091 m² including Baldrumma and application site and
2000 m² if they are excluded. The average plot width is 25.3m if Baldrumma
and application site are included and 24m if not.
If Baldrumma were subdivided as proposed it would result in two plots of
approximately 2000 m². Baldrumma would have a frontage 26.9m wide and
the application site plot 31.7m wide. These would therefore accord with the
average plot size. The plot proposed adjacent to Wineberry House
(P/2007/1398) would have only had a frontage of approximately 15 metres in
width – noticeably narrower than all but one of the other plots on the eastern
side of Wynnstay Lane and at odds with the general character of the area.
Permission to develop land within the curtilage of Baldrumma has been
refused on four previous occasions due to the impact it would have on the
character of the area. The plan below shows the areas covered by each
application. This clearly illustrates that these earlier proposals are not directly
comparable and I will comment briefly on each in turn:
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ALL/4022
WRDC/5931
MAH/10649
and GRE/23486
WRDC/5931
This would have resulted in one comparably small plot in the south-west
corner of the site surrounded by a larger plot retained by Baldrumma. The
former would have been much smaller that other plots along Wynnstay Lane
and would have also been forward of the building line of adjoining properties.
The combination of this would have been significantly at odds with the
character of the area.
ALL/4022
This proposal is the most similar to the current proposals in that it was a
relatively straightforward subdivision of the site into two similarly sized plots.
The application was however an outline proposal without full details of the
type of property to be built.
MAH/10649 and GRE/23486
The proposals involved the subdivision of a the plot into two similarly sized
plots, however the subdivision would have been on a north-south alignment
rather than an east-west alignment as is currently proposed. This would have
resulted in a dwelling being built much closed to Wynnstay Lane that other
existing dwellings and thus significantly at odds with the character of the area.
When the Planning Inspector considered the appeal against the Council’s
refusal of permission for a dwelling adjacent to Wineberry House he referred
to the application site as well as Higher Parks – a large plot to the rear of the
application site accessed from Hudson’s Hill. He commented that:
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Beech House, Baldrumma and Higher Parks are properties either side or
adjoining the side rear garden of Wineberry House. This collection of houses
possesses similar characteristics in that they are individually styled houses set
in substantial grounds. These houses are located some distance from the
roadside along a similar building line, and their grounds are extensively
landscaped providing seclusion and a considerable sense of spaciousness
between the built form and their boundaries.
To subdivide the appeal site… by aligning a development alongside
Wineberry House, would erode the quality and spaciousness of the collective
group of houses, consequently harming the character of this particular part of
Wynnstay Lane. The sense of spaciousness would be diminished by the
infilling of the gap with a house, and whilst there are other examples of infilling
along Wynnstay Lane they do not possess the same characteristics as that of
the appeal site and the above mentioned collective group of properties.
The position of the proposed dwelling would follow the established building
line and would only occupy a small proportion of the plot resulting thus it
would not significantly erode the sense of spaciousness of the site or that of
the surrounding area. The size and location of the proposed dwelling will also
ensure that there is a noticeable gap between it and Baldrumma (11m to the
proposed garage and 14m to the proposed dwelling) and between it and the
southern boundary of the site (6m).
The proposed bungalow is relatively simple in appearance and does not
incorporate the same level of architectural detailing of some of the properties
to the north, which are also all much larger 2 storey dwellings. However I
believe a single storey property is entirely appropriate owing to the fact that it
will occupy a corner plot. Being an end plot the dwelling will not appear at
odds with the form of built development to the north, indeed it will give the
impression of the built frontage being ‘stepped down’ to take account of the
more prominent corner position of the site.
The proposals for Wineberry House would have resulted in the space
between it and Baldrumma being significantly eroded to the detriment to the
character of the area. Even if a bungalow had been proposed alongside
Wineberry House, because it is bounded by two storey properties and is
viewed in the context of a built frontage comprising two storey development,
this would have appeared at odds with the character of the area.
I do not believe the granting of permission for the development currently
proposed undermines the Inspector’s decision nor do I believe that it would
make it more likely that the resubmission of proposals for a dwelling at
Wineberry House would be any more successful that the previous application.
For the reasons discussed above, I believe it is entirely justified for there to be
different outcomes for the applications on adjacent plots of land.
It has also been commented that granting permission for this development
could be viewed as setting a precedent for further developments on other
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plots. Different sites, including those close to or adjoining this one, possess
individual characteristics so would not be directly comparable to this one.
Individual planning applications are in any case considered on their own
merits therefore I do not believe the granting of permission in this case will set
a precedent for further developments.
The development will require the removal of most of the existing hedge that
marks the boundary of Baldrumma and the application site with Wynnystay
Lane in order to provide a new access (3m wide) and adequate visibility
splays for it. A new hedge is to be planted and it would be appropriate to
impose a condition requiring it to be sited immediately to the rear of the
visibility splay to ensure the existing character of site is restored once
development has taken place. Subject replacement planting taking place, the
provision of the access and visibility splays will not be harmful to the character
of the area.
Amenity: The position of the dwelling will ensure that there is adequate
separation between it and nearby properties thus it will not give rise to loss of
light, privacy nor prove overbearing.
The dwelling will have a significant curtilage and therefore affords future
occupiers of the dwelling an acceptable standard of amenity.
Access/Parking: Highways have confirmed the proposed access
arrangements are acceptable.
Highways have recommended a condition requiring improvements are also
made to the access to Baldrumma in order to improve visibility from it.
Circular 35/95 (Use of Conditions in Planning Permissions) advises that in
determining whether a condition is necessary, Local Planning Authorities
should ask if permission would have to be refused if the condition were not
imposed.
In the particular case, whilst improvements to the access to Baldrumma may
be desirable, the proposed development will not result in any increase or
change in the usage of the existing access so will not increase the risk to
highway users. Furthermore the proposed development will have its own
access means of access which Highways have found to be acceptable. As
such, it would not be possible to justify refusal of the development if the
condition were not imposed.
The proposed dwelling will have adequate space for parking and turning.
Trees: The development will require the removal of 9 trees. Supporting
details submitted with the application conclude these are of limited amenity
value which I concur with. Compensatory planting can be secured via a
landscaping scheme and a condition will also be imposed requiring
appropriate protection for trees that area to be retained.
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Conclusion: I am satisfied that the proposed development accords with the
relevant Unitary Development Plan policies, will not harm the low density
character of Wynnstay Lane nor set a precedent other plot subdivisions in the
vicinity.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
Prior to their use on the development samples of all 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.
Each new dwelling hereby permitted shall be constructed to achieve a
minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1
credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the
requirements of the Code for Sustainable Homes: Technical Guide Version 3.
The development shall be carried out entirely in accordance with the approved
assessment and certification
4.
Construction of any dwelling hereby permitted shall not begin until an
'Interim Certificate' has been submitted to the Local Planning Authority,
certifying that a minimum Code for Sustainable Homes Level 3 and a
minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been
achieved for that individual dwelling or house type in accordance with the
requirements of the Code for Sustainable Homes: Technical Guide Version 3.
5.
Prior to the occupation of the individual dwelling hereby permitted, a
Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local
Planning Authority certifying that a minimum Code for Sustainable Homes
Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has
been achieved for that dwelling in accordance with the requirements of the
Code for Sustainable Homes: Technical Guide Version 3.
6.
No part of the development shall commence until a detailed
Arboricultural Method Statement has been submitted to and approved in
writing by the Local Planning Authority. No development or other operations
shall take place except in strict accordance with the Method Statement as is
approved. The Method Statement shall include the following:
1) A specification for tree protection fencing and ground protection measures
that comply with British Standard 5837:2005;
2) A Tree Protection Plan showing the location of the trees to be removed and
retained with their crown spreads, Root Protection Areas, Construction
Exclusion Zones, and location of protective fencing and ground protection
measures accurately plotted;
3) A full specification for any access, driveway, path, underground services or
wall foundations within retained tree Root Protection Areas or Construction
Exclusion Zone, including any related sections and method for avoiding
damage to retained trees;
4) Details of general arboricultural matters including proposed practices with
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
regards to cement mixing, material storage and fires;
5) Details of the frequency of supervisory visits and procedures for notifying
the findings of such visits to the Local Planning Authority;
6) Method for protecting retained trees during demolition works;
7) Details of all proposed tree works, including felling and pruning.
7.
Within three months of the date of commencement of development a
scheme of tree and hedge planting shall be submitted to and approved in
writing by the Local Planning Authority. The scheme shall include:
i) details of the position and species of trees to be planted within the garden
areas of the proposed dwelling; and
ii) details of a planting specification for a hedge that shall be planted along the
full length of the rear of the proposed visibility splays, as shown on the
approved Proposed Site Plan; and;
iii) a timescale for the implementation of the tree and hedge planting scheme.
8.
The tree and hedge planting scheme submitted and approved in
connection with condition 07 shall be fully implemented within the approved
timescale and in strict accordance with the approved scheme.
9.
The landscaping scheme as carried out in connection with condition no.
5 shall be retained for a minimum of 5 years. Within this timescale, any
planting becoming severely damaged or seriously diseased, or is in poor
physiological condition and/or are removed without the written permission of
the Local Planning Authority shall be replaced with trees or shrubs and within
a timescale all to be submitted to and approved in writing by the Local
Planning Authority.
10.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 25 metres in both
directions measured to the nearside edge of the adjoining highway. Within
these splays there shall be no obstruction in excess of 1 metre in height
above the level of the nearside edge of the adjoining highway. The splays
shall thereafter be permanently retained clear of any such obstruction to
visibility.
11.
Prior to first use of the vehicular access hereby approved, the access
shall be surfaced with hard bound materials (e.g. bituminous macadam) for a
minimum distance of 5 metres behind the adjoining highway.
12.
The vehicular parking and turning areas as shown on the approved
Proposed Site Layout shall be fully laid out, surfaced and drained prior to first
use of the development. These areas shall thereafter be permanently
retained and kept free of any obstruction, and made available solely for the
parking and turning of vehicles at all times.
13.
Prior to first use of development a verge crossing to the site shall be
constructed in strict accordance with a scheme which has been submitted and
approved in writing by the Local Planning Authority.
14.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no gate, fence, wall or other
means of enclosure shall be erected, constructed or placed across the access
within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2
Page No 106
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
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 comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
4.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
5.
To comply with the requirements for sustainable buildings published by
the Welsh Government (Planning Policy Wales February 2011 4.11.4)
6.
To ensure the work is carried out to accepted arboricultural practices
for the long term well being of the tree(s).
7.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
8.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
9.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
10.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
11.
To ensure that no deleterious material is carried onto the highway, in
the interests of highway safety.
12.
In the interests of highway safety.
13.
In the interests of highway safety.
14.
In the interest of the free and safe movement of traffic on the adjacent
highway and to ensure the formation of a safe and satisfactory access.
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 development involves the construction of a new access across an
existing highway verge and will need formal consent pursuant to Section 184
of the Highways Act. You are advised to seek further advice from the Council
in respect of this matter on telephone no. 01978 729670.
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
Page No 107
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
_____________________________________________________________________
Page No 108
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0881
LOCATION:
13 CLARKE ROAD WREXHAM
DATE RECEIVED:
05/12/2011
LL12 7TY
COMMUNITY:
Acton
WARD:
Borras Park
DESCRIPTION:
TWO STOREY EXTENSION
COMPRISING EXTENDED OPEN
PLAN LIVING/KITCHEN DINING AND
NEW BEDROOM TO FIRST FLOOR
APPLICANT(S) NAME:
MR NIGEL ROBERTS
CASE OFFICER:
SJG
AGENT NAME:
HOME DESIGN
SOLUTIONS
MR CARL HUGHES
_____________________________________________________________________
THE SITE
The site is on the north-west side of Clarke Road Borras.
PROPOSAL
As above.
Page No 109
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The scheme involves additional kitchen/living space on the ground floor and a
bedroom above, for the dormer bungalow. Some nearby properties have had
large rear flat roofed dormers. There is a 1.7 metre high fence between
numbers 13 and 15.
RELEVANT HISTORY none on site
Number 11
P/2003/0367
Bedroom and bathroom extension. Granted 19/5/2003
DEVELOPMENT PLAN
The site lies within the settlement limits. Policy GDP1 of UDP is relevant,
together with LPGN 20 extensions and 21 space around dwellings.
CONSULTATIONS
Acton C Council:
Local Member:
Site Notice:
Other Representations:
No objections (re-consulted 17/1/2012)
Consulted 7/12/2011 and 17/1/2012
Expired 30/12/2011
Adjoining occupiers notified 14/12/2011. 2
objections received to original scheme, on grounds
of:
a. adverse impact on the adjoining dwelling by
reason of loss of daylight and sunlight
b. extension would overpower the property and
cause a loss of privacy for adjoining dwellings
Neighbours have been re-notified of the revised
proposals with comments requested by 31/1/2012.
1 additional letter received in response to revised
plans:
The revised plans do not change the objection on
grounds of overlooking of dwellings and gardens to
the rear.
SPECIAL CONSIDERATIONS/ ISSUES
The application has been amended following representations made. The
scheme now involves 2 elements:
1. a flat roofed rear dormer window extension below the ridge- 30 m2
2. a pitched roof rear extension- 50m2
Design: The original proposal involved a two storey rear extension, which
would be below the ridge and the width of the two storey element was
reduced. The two storey extension projected 2.5 metres from the rear of the
dwelling. This form of extension was not in-keeping with the character of the
adjoining dwellings.
Page No 110
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The amended proposal now involves a flat roofed rear dormer similar to
number 11 to the south-west, and a single storey extension projection out 2.5
metres from the rear wall of the dwelling, with a canopy projecting a further
900mm. The single storey extension is set in 0.5 metre from the boundary
with number 15. Although a flat roofed dormer would not be an attractive
feature, in itself this part of the scheme would be permitted development. As
this would be at the rear of the dwelling, and is similar to the extension at the
adjoining dwelling, it is considered that it is acceptable in this case.
Residential amenity: The original scheme would have had an adverse
impact on the adjoining property number 15, by reason of loss of daylight and
sunlight to the adjoining living room. It may just have met the 45 degree test
but nevertheless raised concerns.
The revised proposal avoids the adverse impacts of the original proposal as
the two storey element is confined to the existing building footprint. It
complies with LPGN20 in terms of the 45 degree code and its design, in
respect of both the single storey extension and the dormer. Separation
distances are not an issue with the dwellings to the rear (over 35 metres
away).
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) numbered JR01A, 02, 03, 05A, 06A
and contained within the application documentation.
3.
No facing or roofing materials shall be used other than materials
matching those used on the existing building.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure 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.
NOTE(S) TO APPLICANT
The permission hereby granted does not authorise encroachment upon, or
interference with, the adjoining property.
Page No 111
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
Page No 112
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
_____________________________________________________________________
Page No 113
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0890
LOCATION:
234 HOLT ROAD WREXHAM
DATE RECEIVED:
06/12/2011
LL13 9EE
COMMUNITY:
Acton
WARD:
Rhosnesni
DESCRIPTION:
ALTERATIONS TO EXISTING
BUNGALOW TO FORM A TWO
STOREY DWELLING, ALTERATIONS
TO EXISTING DRIVEWAY AND
ERECTION OF DETACHED GARAGE
CASE OFFICER:
SEH
AGENT NAME:
TACP ARCHITECTS LTD
MR DAVID MORRIS
APPLICANT(S) NAME:
MR NIGEL BURNS
_____________________________________________________________________
THE SITE
Proposed Garage
Application Site
PROPOSAL
As above.
Page No 114
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
HISTORY
P/2011/0766
Alterations to existing bungalow to form a two storey dwelling,
alterations to existing driveway and erection of detached
garage. Withdrawn 15/11/2011
DEVELOPMENT PLAN
Inside settlement limit. UDP Policies GDP1, PS2 and T8 apply. Local Planning
Guidance Notes Nos. 16 ‘Parking Standards’, 20 ‘House Extensions’ and 21
‘Space around Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Site Notice:
Other Representations:
No objection provided that adequate on-site parking
and turning is achieved.
No objection
No objection subject to recommended conditions.
Expired 03.01.2012
One letter received raising concerns with loss of
light and privacy to the adjacent property.
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an application for alterations to an existing bungalow to
form a two storey dwelling, and erection of a detached garage, set within an
establish residential frontage which has a mixture of single and two storey
dwellings. The main issues to consider relate to the impact of the
development upon local residential and visual amenities.
Design and Residential Amenity: Proposed is the raising of the existing
roof to incorporate an additional (first) floor. The eaves height will be
increased to approximately 4 metres resulting in a ridge height of 6 metres.
This represents and overall increase in height of the building of 1.8 metres.
The daylight test as recommended by the Building Research Establishment
(BRE) has been applied to the windows of the adjacent properties. The
proposed development passes this test, and I conclude that the increase in
height would not significantly reduce the amount of daylight to these
properties.
Specific concerns have been raised in relation to the existing side window in
the neighbouring property which serves a study area, and that the
recommended separation distance of 13 metres has not been achieved.
Having visited this property and viewed the affected room from inside, I
conclude that as this area forms part of a larger living room with the benefit of
two other large windows and patio doors, this window provides a secondary
source of light only to which the separation standard is not applicable. In any
event this window will be only partially obscured and a reasonable level of
outlook would remain.
Page No 115
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Concerns have also been raised in relation to the windows proposed for the
rear elevation in that this would cause a loss of privacy to the adjacent
property. Due to the 90 degree angle of the neighbouring garden, only the far
end of the garden would be visible and a reasonable extent of rear garden
would be unaffected. The nearest property to the rear is approximately 35
metres away and as such adequate separation in accordance with LPGN no.
21 ‘Space around Dwellings’ has been secured. Subject to a condition
ensuring that any primary side windows receive obscure glazing, I do not
consider that the development would cause overlooking which would be
significantly detrimental to the occupiers of the adjacent properties.
The garage near the front boundary will not be visually prominent from Holt
Road due to the existence of well established planting. A condition will be
imposed to retain this planting.
Conclusion: There will be no significant alterations to the existing footprint,
and proposal is acceptable in terms of scale and design. There would be no
significant detrimental impact upon local residential amenity in terms of loss of
light or overlooking. The development accords with the street scene and
would make a positive contribution to the visual amenities of the area.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No facing or roofing materials shall be used other than those detailed
on the application form and within the approved application documentation.
3.
With the exception of those shown on the approved plan and
notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995 (or any order revoking, re-enacting that
Order with or without modification) no windows or other openings shall be
inserted in any elevation of the building facing East or West.
4.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), any window in the elevation
facing East shall only be glazed or re-glazed using obscure glass which shall
thereafter be permanently retained and remain fixed shut at all times.
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 in writing by the Local Planning Authority.
6.
The vehicular parking and turning areas as shown on approved
drawing(s) No(s). GA-01 dated Oct 2011 shall be fully laid out, surfaced and
drained prior to first use of the development. These areas shall thereafter be
permanently retained and kept free of any obstruction, and made available
solely for the parking and turning of vehicles at all times.
7.
No private surface water run off shall be permitted to flow from the
Page No 116
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
development site onto the adjoining highway. An Aco drain or similar shall be
provided across the approved access to intercept any such run off prior to first
use of the development.
8. The existing planting along the boundary with Holt Road shall be retained.
Any planting which becomes severely damaged or severely diseased, or is in
poor physiological condition and/or are removed without the written
permission of the Local Planning Authority shall be replaced within the next
available planting season by trees or shrubs of a similar size and species.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
3.
To protect the amenities of the occupiers of nearby properties.
4.
To protect the amenities of the occupiers of nearby properties.
5.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
6.
To provide for the parking and turning of vehicles clear of the highway
and to ensure that reversing by vehicles into or from the highway is rendered
unnecessary in the interest of traffic safety.
7.
In the interests of highway safety.
8.
In the interests of visual amenity
____________________________________________________________________
Page No 117
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0896
LOCATION:
1 HILLRISE MILL GARDENS
WREXHAM
DATE RECEIVED:
07/12/2011
LL13 0NX
COMMUNITY:
Caia Park
WARD:
Whitegate
DESCRIPTION:
DEMOLITION OF EXISTING REAR
CONSERVATORY, ERECTION OF
NEW SINGLE STOREY REAR
EXTENSION. NEW EXTERNAL
CHIMNEY BREAST.
APPLICANT(S) NAME:
MR L DAVIES
CASE OFFICER:
PF
AGENT NAME:
FOXALL SURVEYING
AND DESIGN
SERVICES LTD
MR I FOXALL
_____________________________________________________________________
THE SITE
Position of
chimney
Footprint of
extension
PROPOSAL
The proposal is to remove an existing small conservatory to the rear and
replace with a more substantial brick built structure projecting 3.3 metres from
the rear elevation. The proposal would feature a gable roof of matching
Page No 118
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
materials to the existing dwelling. A new chimney stack is proposed on the
southern elevation.
HISTORY
None relevant.
DEVELOPMENT PLAN
The site is within settlement. Policies PS2, GDP1, T8, Local Planning
Guidance Notes 16 – Parking Standards and 20 – House Extensions refer.
CONSULTATIONS
Community Council:
Local Member:
Site notice:
Other representations:
Consulted 08.12.2011
Notified 08.12.2011
Expired 09.01.2012
6 neighbouring occupiers notified. 1
representation received raising the following
points:
 The extension and chimney will block light out
to the habitable room windows at the
neighbouring property causing detriment to the
occupiers
 The extension will have windows high enough
to overlook into the neighbouring dwelling
 Blown smoke from the chimney will be a
nuisance to the neighbouring occupiers.
SPECIAL CONSIDERATIONS
Design: The extension as proposed seeks to utilise matching materials and
is of a form that would be sympathetic to the design and character of the
existing dwelling. The chimney, also proposed in matching brickwork, would
project above the roof line but would be no higher than the existing ridge line.
Whilst I observed no houses in the vicinity with chimneys I am satisfied that
this additional feature is sympathetic and will not impact upon the character of
the dwelling or wider streetscene.
Amenity: There appears to be one habitable room window along the facing
gable elevation of the neighbouring dwelling. Natural daylight is already
restricted to this room given the proximity of the two dwellings. Whilst the
proposed rear extension will have a higher roof height, the pitch of the roof
slopes away from the boundary and therefore I am satisfied that the proposal
will not cause a significant loss of daylight to the detriment of the neighbouring
occupiers.
Page No 119
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
There are high level windows proposed facing over the boundary. By their
high level nature I am satisfied that there will be limited opportunity for
overlooking to occur which would impact upon the privacy of the occupiers of
both dwellings.
Any smoke nuisance is a matter that would be dealt with under the
Environmental Protection Act 1990 and the suitable positioning of the safe
location of the chimney stack is subject to approval under the Building
Regulations. I do not consider that the chimney will cause detriment to the
amenity of the adjoining occupiers.
Conclusion: I consider that the alterations and additions to the dwelling are
acceptable in accordance with the Council’s adopted policy and guidance. I
therefore recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No facing or roofing materials shall be used other than materials
matching those used on the existing building.
3.
Notwithstanding the details shown on the approved plan and
notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995 (or in any order revoking or re-enacting
that Order with or without modification), the sill level of any window opening
on the southern elevation of the extension shall be no lower than 1.8 metres
measured from the finished internal floor level of the extension and retained
thereafter in this condition.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
3.
To protect the amenities of the occupiers of 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
Page No 120
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
consent of the neighbour under the provisions of the Party Wall Act. If you
require further information or advice please contact the Building Control
Section on 01978 292050.
The proposed development lies within an area which could be subject to
current coal mining or hazards resulting from past coal mining. Such hazards
may currently exist, be caused as a result of the proposed development, or
occur at some time in the future. These hazards include:
· Collapse of shallow coal mine workings.
· Collapse of, or risk of entry into, mine entries (shafts and adits).
· Gas emissions from coal mines including methane and carbon dioxide.
· Spontaneous combustion or ignition of coal which may lead to underground
heatings and production of carbon monoxide.
· Transmission of gases into adjacent properties from underground sources
through ground fractures.
· Coal mining subsidence.
· Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability,
health & safety, or cause adverse environmental impacts during the carrying
out their proposals and must seek specialist advice where required. Additional
hazards or stability issues may arise from development on or adjacent to
restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the
development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As
an example the stabilisation of shallow coal workings by grouting may affect,
block or divert underground pathways for water or gas.
In coal mining areas there is the potential for existing property and new
development to be affected by mine gases, and this must be considered by
each developer. Gas prevention measures must be adopted during
construction where there is such a risk. The investigation of sites through
drilling alone has the potential to displace underground gases or in certain
situations may create carbon monoxide where air flush drilling is adopted.
Any intrusive activities which intersect, disturb or enter any coal seams, coal
mine workings or coal mine entries (shafts and adits) require the prior written
permission of the Coal Authority. Such activities could include site
investigation boreholes, digging of foundations, piling activities, other ground
works and any subsequent treatment of coal mine workings and coal mine
entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with
the potential for court action. In the interests of public safety the Coal Authority
is concerned that risks specific to the nature of coal and coal mine workings
are identified and mitigated.
Page No 121
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The above advice applies to the site of your proposal and the surrounding
vicinity. You must obtain property specific summary information on any past,
current and proposed surface and underground coal mining activity, and other
ground stability information in order to make an assessment of the risks. This
can be obtained from The Coal Authority's Property Search Service on 0845
762 6848 or at www.groundstability.com
The applicant is advised that the Council has the option to control construction
noise by serving a Control of Pollution Act 1974, Section 60, Notice where
deemed necessary, and failure to comply with such a Notice can result in
prosecution. For further information and advice regarding construction noise
please contact the Council's Housing and Public Protection Department on
01978 315300.
Burning of waste generated from construction activities is not considered to be
an appropriate method of disposal and action may be taken as follows:
- Under the Environmental Protection Act 1990 anyone found disposing of
construction site waste by burning is likely to be in breach of their duty of care
with regard to waste disposal;
- Under the same Act an abatement notice may be served where smoke is
judged to be causing a nuisance to neighbouring properties. Failure to comply
with the requirements of the notice can result in prosecution;
- Under the Clean Air Act 1993 it is an offence for a commercial activity to
burn anything that gives rise to dark smoke.
To prevent offences under the above named Acts there should be no bonfires
on the site, to include the prohibition of the burning of cleared vegetation. The
applicant should contact the Council's Housing and Public Protection
Department on 01978 315300 for further advice and information.
The Applicant is advised that under the Environmental Protection Act 1990,
dust from construction and/or demolition activities can be judged to be
causing a statutory nuisance to neighbouring properties. A legal notice can
be served requiring that any dust nuisance is abated and failure to comply
with the requirements of the notice can result in prosecution. The applicant
should contact the Council's Housing and Public Protection Department on
01978 315300 for further advice and information.
_____________________________________________________________________
Page No 122
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0907
LOCATION:
RAGGS HILL SHIELING
WHITCHURCH ROAD BANGOR ON
DEE WREXHAM
DATE RECEIVED:
15/12/2011
COMMUNITY:
Bangor is y Coed
LL13 0BD
CASE OFFICER:
SJG
WARD:
Bronington
DESCRIPTION:
FORMATION OF NEW VEHICULAR
ACCESS TO EXISTING DWELLING
WITH PERMANENT CLOSURE OF
EXISTING VEHICULAR ACCESS
AGENT NAME:
DAVID WALPOLE
ASSOCIATES
MR DAVID WALPOLE
APPLICANT(S) NAME:
MR GARRY MACKINLAY
_____________________________________________________________________
THE SITE
The site is on the south side of the A525, 1.5km south-east of Bangor on Dee.
Page No 123
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
As above.
The applicant is seeking permission for a new access in the centre of a
visibility area, in the location of an existing gate. The previous permission for
a garage and extensions utilised the existing access on the bend, but this has
proved unsafe (recent accidents are referred to). The new access point will
allow the closure of the existing access. It requires a short (60m) section of
driveway to connect to the approved garage and turning/ parking area for the
dwelling.
The application includes a highways assessment, ecological report and
design and access statement. The assessment concludes that the new
access will be safer and more convenient to use that the existing access.
RELEVANT HISTORY
CB 1015
P/2001/1018
P/2008/0826
P/2008/1297
Conversion of farm building into one
dwelling together with garden area
and vision splay, alteration to
existing vehicular access and
installation of septic tank
Erection of double garage
Conversion of detached garage to
form annexe including single storey
extension and erection of triple
garage / garden store with new
access
Conversion of garage to provide
living accommodation, formation of
single storey extensions to north
and south sides and construction of
detached garage
Granted
9/5/1997
Granted
Withdrawn
5/12/2001
11/9/2008
Granted
5/3/2009
DEVELOPMENT PLAN
The site lies outside the settlement limits and is within a Special Landscape
Area. Policies EC4 EC5 PS2 and GDP1 of UDP are relevant, together with
LPGN 7. Technical Advice Note 18 gives advice on highway issues.
CONSULTATIONS
Bangor on Dee C Council: Object.
1. The A525 is the main link to the motorway
network and will carry higher volumes of HGV
traffic on completion of the industrial estate link
roads. The proposed location for the access would
be hazardous for vehicles approaching from the
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Local Member:
Highways
CCW:
Site Notice:
Other representations:
west. Any vehicle turning right into the property
and having to wait for oncoming traffic would hold
up vehicles behind, and dangerous for vehicles
coming up the hill and emerging from the bend.
Any tailback at this position would be undesirable
particularly for articulated and heavy vehicles
having to restart on the hill.
2. The cottages at the top of Raggs Hill have
recently reported structural problems and concerns
with traffic vibration. Heavy transport stopping and
having to restart on the hill would not improve this
situation.
The technical papers provide details of a limited
speed survey taken over one day. However, it is
important to be clear that this is a de-restricted 60
mph area.
3. Raggs Hill is also a recognised hazardous
accident area and has a history of road accidents
over many years, some very serious.
4. The original entrance to the farm serviced both
the house and outbuildings with no apparent
history of problems with vehicle ingress/egress and
with reasonable splay and views to both east and
west.
5. The ground falls away from east to west quite
significantly, and approaching the location of the
proposed entrance from the east and emerging
from the bend in the road the entrance would not
immediately be obvious because of the drop in
levels..
6. The Community Council therefore objects to the
proposed location and site of the vehicular access
because members consider the proposed locations
to be dangerous and not an improvement on the
original location.
Consulted 16/12/2011
Recommend conditions
No objections subject to a condition regarding
reasonable avoidance measures
Expired 10/1/2012
Adjoining occupiers notified 16/12/2011. 1 letter of
concern received, regarding:
1. There have been many accidents at this
location. Visibility is restricted and vehicles
travel at high speeds.
2. The proposed access is on a bend and vehicles
waiting to turn into the site would obstruct traffic
but would be hidden from view.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
SPECIAL CONSIDERATIONS/ ISSUES
Background: The dwelling was approved as a barn conversion scheme in
1997, and the visibility splay to the west was stipulated in that permission. In
2009 an application for a new garage and extensions to the property was
approved, requiring improvements to the existing access. These have not
been completed yet, as the owner has been seeking advice on an alternative,
safer access.
Highway safety: The A525 is a principal road subject to a 60mph speed
limit. However a recent speed survey determined that the 85 th percentile
speeds were 40mph for vehicles travelling westbound and 35mph for vehicles
travelling eastbound. Adequate visibility spays for emerging vehicles and
forward visibility for road users are provided from the proposed access, and
are an improvement over the existing access. The existing access should be
closed up as a condition of any permission.
The applicant has expressed a willingness to dedicate the original visibility
splay to the highway authority.
Ecology: There should be no adverse impacts subject to appropriate
conditions.
Landscape impact: There would be no adverse impact on the landscape,
subject to a landscaping scheme for the new section of roadway.
Conclusion: The proposal is considered to be acceptable on highway safety
grounds under the provisions of Technical Advice Note 18.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) numbered 211/03 dated 1
December 2011 and contained within the application documentation.
3.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 84 metres to the west and
2.4 metres x 103 metres to the east measured to the nearside edge of the
adjoining highway. Within these splays there shall be no obstruction above
the level of the adjoining carriageway. The splays shall thereafter be
permanently retained clear of any such obstruction to visibility.
4.
The proposed access shall maintain adequate forward visibility
providing a stopping sight distance of 84m for vehicles approaching from the
west.
5.
The vehicular access hereby approved shall be a minimum width of 3.0
metres.
6.
Prior to first use of the vehicular access hereby approved, the access
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
shall be surfaced with hard bound materials (e.g. bituminous macadam) for a
minimum distance of 5 metres behind the adjoining highway.
7.
There shall be no gates or other means of enclosure across the
vehicular access point within 5 metres of the highway boundary.
8.
No private surface water run off shall be permitted to flow from the
development site onto the adjoining highway. An Aco drain or similar shall be
provided across the approved access to intercept any such run off prior to first
use of the development.
9.
No part of the development shall commence until details of the detailed
layout, design, drainage and construction of the proposed new access 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.
10.
The existing vehicular access as shown on approved plan no. 2111/03
shall be permanently closed up prior to first use of any part of the
development in accordance with a specification of works which has been
submitted to and approved in writing by the Local Planning Authority.
11.
Within three months of commencement of development, full details of a
hard and soft landscaping scheme together with a plan indicating the
positions, design, materials and type of boundary treatment and timescale for
implementation of works shall be submitted to and approved in writing by the
Local Planning Authority.
12.
The landscaping scheme submitted and approved in connection with
condition no. 11 shall be fully implemented in all respects within the agreed
timescale and in strict accordance with the approved scheme.
13.
The landscaping scheme as carried out in connection with condition no.
12 shall be retained for a minimum of 5 years. Within this timescale, any
planting becoming severely damaged or seriously diseased, or is in poor
physiological condition and/or are removed without the written permission of
the Local Planning Authority shall be replaced with trees or shrubs and within
a timescale all to be submitted to and approved in writing by the Local
Planning Authority.
14.
No part of the development shall commence until details of the
proposed Reasonable Avoidance Measures (RAMs) have been submitted to
and approved in writing by the Local Planning Authority. The details shall
include the following:
a)
Details of a tool box talk on the identification and ecology of great
crested newts to be made available to all construction staff employed on the
project;
b)
Details of an artificial amphibian hibernacula to be constructed adjacent
to the site (Details of the design can be found in great crested newt mitigation
guidelines - August 2001);
c)
Details of a walk over survey of the site prior to commencement of
development, and a destructive search (under the supervision of a licensed
great crested newt handler) made of any potential great crested newt habitat
(such as rubble piles or sheet materials that are on the site) on the site. Any
amphibians found should be relocated to the artificial hibernacula;
d)
Details of storage of material on pallets off the ground, and bulk
materials which are to be delivered on site and used within the day of delivery.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
e)
Confirmation that excavated trenches will be covered over at the end of
each working day with plywood and the edges sealed with sand or soil.
Trenches are to be checked each morning for any amphibians. Any
amphibians located are to be moved to the artificial hibernacula.
The development shall be carried out in strict accordance with the RAMs as
are approved.
15.
There shall be no parking of vehicles or storage on the land shown
hatched green on the attached plan.
16.
The visibility splay from the existing access of 2.4 x 100 metres to the
west measured to the nearside edge of the adjoining highway shall be
retained. Within this splay there shall be no obstruction in excess of 1 metre
in height above the level of the adjoining highway. This splay shall thereafter
be permanently retained clear of any such obstruction.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure that the development fully complies with the appropriate
policies and standards.
3.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
4.
In the interests of highway safety.
5.
To ensure the formation of a safe and satisfactory access.
6.
To ensure that no deleterious material is carried onto the highway, in
the interests of highway safety.
7.
In the interest of the free and safe movement of traffic on the adjacent
highway and to ensure the formation of a safe and satisfactory access.
8.
In the interests of highway safety.
9.
In the interests of highway safety.
10.
In the interests of highway safety.
11.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
12.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
13.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
14.
To protect named species/habitats/biodiversity which would otherwise
be damaged/lost by the development hereby permitted.
15.
In the interests of public and highway safety and the visual amenities of
the area.
16.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
NOTE(S) TO APPLICANT
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4
and 5 on the enclosed "Applicants' Rights and General Information".
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
This planning permission requires that development be carried out in
accordance with the approved plans, including the construction of an estate
road intended for adoption by the Council under the Highways Act 1980. It is
essential therefore that the detailed proposals are submitted to the Highway
Authority and confirmed as acceptable BEFORE development commences.
Please contact the Highway Authority on telephone no. 01978 729690 for
further guidance.
The applicant is advised that submission of a copy of the relevant section 38
adoption agreement, between the applicant and the Highway Authority, to the
Local Planning Authority will allow the above condition no(s). @@ to be
formally discharged in writing.
The scheme of landscaping referred to in the above conditions shall include
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.
_____________________________________________________________________
Page No 129
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0910
LOCATION:
MILLBROOK HOUSE OVERTON
ROAD BANGOR ON DEE WREXHAM
DATE RECEIVED:
19/12/2011
LL13 0BY
COMMUNITY:
Bangor is y Coed
WARD:
Bronington
DESCRIPTION:
REAR PORCH EXTENSION
APPLICANT(S) NAME:
MR & MRS AINGE
CASE OFFICER:
LP1
AGENT NAME:
ANCESTRAL LTD
_____________________________________________________________________
THE SITE
Proposed
rear porch
Existing
conservatory
PROPOSAL
Rear porch extension.
HISTORY
14941
Extension to dwelling and enlargement of existing garage.
Granted 11/04/88
Page No 130
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
P/2006/0139 Conservatory extension. Granted 15/03/06
P/2010/0580 Two storey extension. Refused 17/09/10
DEVELOPMENT PLAN
Lies within settlement limit and Bangor Conservation Area. Policies GDP1,
PS2, EC7 and Guidance Note 20 apply.
CONSULTATIONS
Community Council:
Local Member:
Site Notice:
Other Representations:
Considering the previous extensions to the
property, does the proposal increase the
volume of the porch exceeding maximum
planning requirements.
Linking the porch to the existing garage
restricts rear access to the property for
domestic requirements such as waste bins.
Are there any fire risk considerations with the
proposed porch abutting or attaching the
existing garage?
It is essential that the proposed porch is in
keeping with the requirements of the
conservation area.
Notified 20/12/11
Expired 16/01/12
Two letters received raising the following
points:
 The modern dwelling is surrounded by
character buildings and has already
been extended on two previous
occasions.
 The overall plot is small and out of
proportion for further extensions.
 It would be attached to the garage and
fill the only open space between the
house and garage.
 This is the third planning application for
this property, having had two previous
applications rejected.
 The addition of a second conservatory to
a house that has been extended twice
before would make it totally out of
character with the buildings of special
interest as defined in the conservation
charter.
 The proposal is not a porch as described
but a second conservatory.
Page No 131
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
SPECIAL CONSIDERATIONS
Background: The property is a detached house constructed in the 1970s
and is of modern design and construction, a detached garage lies to the west
of the house. A two storey rear extension was built in the 1980s and a rear
conservatory added in 2006. Members may recall an application for a two
storey side extension to the property which was refused in 2010.
This proposal is for a rear porch which in design and style is similar to a
conservatory. It is to be constructed out of PVCu with a dwarf wall of bricks to
match the existing property.
Design and Impact on Conservation Area: The design of the extension is
in keeping with the modern style of building. There will be no adverse impact
on the neighbouring properties.
The proposed extension is sited to the rear of the building with only the
section joining the garage to the property being visible from the road. This
section will be approximately 17 metres from the boundary of the property and
therefore unobtrusive on the street scene. The extension therefore will not
have an adverse impact on the character of the conservation area.
Other Considerations: As the property lies within the settlement limit there
are no restrictions with regards the size of extensions to the property. There
will be sufficient garden area for the property remaining and no parking area
will be affected.
There is no requirement for an access to the rear of the property and there is
sufficient space for access to the east of the property if required.
Building Control have confirmed that there is no fire risk posed by the erection
of a structure in this location.
Conclusion: The proposed extension is small in scale and will not adversely
affect the character of the conservation area or the property and I therefore
recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No facing or roofing materials shall be used other than materials
matching those used on the existing building.
Page No 132
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
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.
_____________________________________________________________________
Page No 133
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2011 /0919
LOCATION:
OVERTON WAY COMMUNITY
CENTRE OVERTON WAY
WREXHAM
DATE RECEIVED:
22/12/2011
COMMUNITY:
Acton
LL12 7LB
CASE OFFICER:
LP1
DESCRIPTION:
REFURBISHMENT OF EXISTING
COMMUNITY CENTRE AND
EXTENSION COMPRISING CAFE
AND MULTI USE DAY NURSERY
WARD:
Acton
AGENT NAME:
WREXHAM COUNTY
BOROUGH COUNCIL
MR BARRY HELLEN
APPLICANT(S) NAME:
MR LAWRENCE ISTED WREXHAM
COUNTY BOROUGH COUNCIL
_____________________________________________________________________
THE SITE
Overton Way Community Centre, Acton.
Proposed
extension
Existing day
nursery
Page No 134
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
PROPOSAL
Refurbishment of existing community centre and extension comprising café
and multi use day nursery.
HISTORY
None relevant.
DEVELOPMENT PLAN
Lies within settlement limits, Policies GDP1, PS2 and Guidance Note 16
apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Site Notice (4 notices around perimeter):
Other representations:
Consulted 28/12/11
No observations
Consulted 28/12/11
Consulted 28/12/11
Expired 19/01/12
One letter raising the following
points:
 When some functions take
place at the existing
community centre the car
park becomes full and cars
park along the adjoining
streets, occasionally
blocking access to
driveways and properties.
SPECIAL CONSIDERATIONS
Background: The community centre lies off Overton Way in Acton with the
road serving the community centre and residential properties to the north of
the centre.
The centre currently has a hall, community room and associated offices; the
development will result in a hall, meeting room, ICT suite, café, day nursery
and offices within the building. The nursery is to be relocated from the
existing Acton Park Children’s Centre which lies 50 metres to the south of the
site.
Design and Amenity: The design of the proposed extension is appropriate
for the locality and improves the appearance of this section of the building.
The windows have been located so that they will not result in overlooking to
the nearby residential properties.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The introduction of the day nursery into the new extension will have an impact
on the amenity of the area. However, this use will be limited to during the
daytime and the close proximity of the existing facility will mean that the
amenity of the local area will not be significantly adversely affected.
The proposed café area is approximately 65 m² in floor area and it is
envisaged that this will mainly be used by people already using the other
facilities within the building or those who walk to the site.
Trees: The land around the community centre is public open space which
has several trees. There are five trees in the vicinity of the development
which may be affected by the extension. Of these, two will be removed and
the others protected during the construction process. Trees will be planted to
mitigate for the loss of the two trees.
Parking: The current parking area has space for 28 vehicles, although the
spaces are not marked out. The proposed extension will not reduce the
number of parking spaces and as part of the development it is proposed to
demark the spaces.
The proposed uses of the new centre will increase the demand for parking,
particularly during the day when the nursery is operating. A traffic survey of
the existing nursery facilities at Acton Family Centre has shown that there are
a maximum of 7 staff cars at the Centre at any one time and that as drop-off
and pick up times for the nursery are not fixed there is no peak demand for
car parking spaces. Additionally, as both the existing and proposed nurseries
are in residential areas a large proportion of the users walk to the Centre.
A timetable of events currently at the centre show that the most likely conflict
in relation to the parking area is a Thursday when the nursery is operating and
Tumbletots takes place in the hall. Traffic surveys undertaken on a Thursday
show that, as with the nursery, those attending Tumbletots may walk to the
Centre and that the car park will not be over subscribed.
It is considered that there are sufficient spaces within the car park to cater for
the different users and the marking out of the car park will help improve the
facilities.
To improve access to the site the existing footway link to the car park from the
existing footway north of Central Avenue should be increased in width to 2.0m
and additional lighting installed.
Conclusion: The design of the extension is appropriate for the location and
there will be no adverse impact on the amenity of the area and I therefore
recommend accordingly.
Page No 136
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
RECOMMENDATION
That Wrexham County Borough Council RESOLVES in accordance with
Regulation 3 of the Town and Country Planning General Regulations 1992
that planning permission be granted subject to any conditions specified below.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No part of the development shall commence until samples of all
external facing and roofing materials have been submitted to and approved in
writing by the Local Planning Authority. The development shall only be carried
out in strict accordance with such details as are approved.
3.
No part of the development shall commence until further details of the
proposed vehicular parking and turning facilities have been submitted to and
approved in writing by the Local Planning Authority. The facilities as are
approved shall be fully laid out, surfaced and drained prior to first use of the
development, and shall thereafter be permanently retained and kept free of
any obstruction, and made available solely for the parking and turning of
vehicles at all times.
4.
No equipment, machinery, plant or materials of any kind in connection
with the development shall be brought onto the site until tree protection
fencing and ground protection measures have been fully implemented. The
fencing shall consist of a scaffold framework in accordance with Figure 2 of
British Standard 5837:2005 comprising a vertical and horizontal framework,
well braced to resist impacts, with vertical tubes spaced at a maximum interval
of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with
wire or scaffold clamps. This fencing shall be erected at the extent of each
tree(s) Root Protection Area, as set out in British Standard 5837:2005 or as
shown as the Construction Exclusion Zone on the approved Tree Protection
Plan Ref. 11/AIA/WXM/38. 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.
5.
The tree protection fencing and ground protection measures approved
in connection with condition no. 4 shall be kept in place until all external site
works have been completed and the removal of the fencing has been
approved in writing by the Local Planning Authority.
6.
The development shall be carried out in strict accordance with the
following plans and report(s) submitted and approved as part of this
application:
*1) Arboricultural Implication Assessment ref no. 11/AIA/WXM/38
*2) Tree Protection Plan ref no. 11/AIA/WXM/38
*3) Arboricultural Method Statement ref no. 11/AIA/WXM/38
No development or other operations shall take place except in strict
accordance with the reports as approved.
7.
The following activities should not be carried out under any
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
circumstances:
1)No fires should be lit within 10 metres of the nearest point of the canopy of
any retained tree.
2)No works, including earth works and the bringing onto site of machinery or
materials shall proceed until the approved tree protection measures are put in
place, with the exception of the approved tree works.
3)No equipment, signage, fencing, tree protection barriers, materials,
components, vehicles or structures shall be attached to or supported by a
retained tree.
4) No mixing of cement or use of other materials or substances shall take
place within tree root protection areas or tree construction exclusion zones, or
close enough to these that seepage or displacement of those materials or
substances could cause them to enter tree root protection areas or tree
construction exclusion zones.
5) No alterations or variations to the approved works or tree protection
schemes shall be carried out without the prior written approval of the Local
Planning Authority.
8.
No part of the development shall commence until full details for the
arboricultural supervision of tree protection measures and any ground works
within retained tree(s) Root Protection Areas, as specified by BS5837:2005 or
as shown on a Tree Protection Plan have been submitted to and approved in
writing by the Local Planning Authority. The supervisory works shall be carried
out in strict accordance with the details as approved.
9.
No part of the development shall commence until a scheme for the
planting of trees and shrubs on site and a 5 year maintenance plan has been
submitted to and approved in writing by the Local Planning Authority.
10.
Within six months of first use of the development the planting scheme
submitted and approved in connection with condition no. 9 shall be fully
implemented in all respects.
11.
The planting scheme implemented in connection with condition no. 9
shall be permanently retained. Any planting which becomes severely
damaged or seriously diseased, or is in poor physiological condition and/or
are removed without the written permission of the Local Planning Authority
shall be replaced within the next available planting season by trees or shrubs
of similar size and species to those originally required to be planted.
12.
No part of the development shall commence until a scheme detailing
the construction of the following has been submitted to and approved in
writing by the Local Planning Authority: delete as appt*
1) Detailed layout, design, drainage and construction of the proposed new
footway linking the car park to the existing footway north of Central Avenue.
The scheme as is approved shall be fully implemented prior to first use of the
development.
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
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
the interests of the visual amenities of the area.
3.
To provide for the parking and turning of vehicles clear of the highway
and to ensure that reversing by vehicles into or from the highway is rendered
unnecessary in the interest of traffic safety.
4.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
5.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
6.
To protect trees which are of significant amenity value to the area.
7.
To ensure that hard surfacing does not cause harm to retained trees in
the interests of visual amenity.
8.
To ensure the work is carried out to accepted arboricultural practices
for the long term well being of the tree(s).
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.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
12.
In the interests of highway safety.
NOTE(S) TO APPLICANT
You are advised that building work which involves work on an existing wall
shared with another property, building on the boundary with a neighbouring
property or excavating near a neighbouring building may require the separate
consent of the neighbour under the provisions of the Party Wall Act. If you
require further information or advice please contact the Building Control
Section on 01978 292050.
The scheme of arboricultural supervision required in connection with condition
no. 9 above shall make provision for a pre-commencement site meeting
between the Local Planning Authority's Arboriculturist, the Developer/
Applicant/ Agent and their appointed Arboricultural Supervisor to agree
matters of detail. It shall specify the frequency of arboricultural monitoring and
reporting to the Local Planning Authority on the status of all tree protection
measures throughout the course of the development and make provision for
the submission and approval of a satisfactory arboricultural completion
statement.
This planning permission requires that development be carried out in
accordance with the approved plans, including the construction of an estate
road intended for adoption by the Council under the Highways Act 1980. It is
essential therefore that the detailed proposals are submitted to the Highway
Authority and confirmed as acceptable BEFORE development commences.
Please contact the Highway Authority on telephone no. 01978 729690 for
further guidance.
Page No 139
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The applicant is advised that submission of a copy of the relevant section 38
adoption agreement, between the applicant and the Highway Authority, to the
Local Planning Authority will allow the above condition no(s). 12 to be formally
discharged in writing.
_____________________________________________________________________
Page No 140
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
APPLICATION NO:
P/2012 /0025
LOCATION:
FORMER TENNIS AND BASKET
BALL COURTS QUEENSWAY
WREXHAM
DATE RECEIVED:
11/01/2012
COMMUNITY:
Caia Park
LL13 8YD
CASE OFFICER:
PF
WARD:
Whitegate
DESCRIPTION:
INSTALLATION OF MULTI USE
GOAL AREA
APPLICANT(S) NAME:
WREXHAM COUNTY BOROUGH
COUNCIL
AGENT NAME:
WREXHAM COUNTY
BOROUGH COUNCIL
MR JOHN BRADBURY
_____________________________________________________________________
THE SITE
Site
PROPOSAL
The proposal is to erect enclosures around an area of hard standing which
has previously been used as a tennis court. The hard standing is
approximately 17.5m by 26.8m. The highest part of the enclosure will be
3.5m from ground level with basket ball posts to a height of approximately 4m.
Page No 141
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
The area currently consists of a tarmac hard standing with a low dwarf wall
around its perimeter. There are existing lamp standards which appear not to
be in working order and do not form part of this proposal.
HISTORY
4976 Provision of floodlit fenced ‘kick about’ area. Granted 25.04.1979
DEVELOPMENT PLAN
Within settlement. Policies PS2, GDP1, CLF1 and T8 refer.
CONSULTATIONS
Community Council:
Local Member:
Adjoining Local Member
(Cllr Carrie Harper)
Site Notice:
Public Protection:
Highways:
Wrexham Access Group:
Other representations:
Consulted 11.01.2012
Notified 11.01.2012
Supports
Expired 06.02.2012
Consulted 11.01.2012
No recommendations.
Consulted 11.01.2012
36 neighbouring occupiers notified. 1
representation received raising the following
points:
 The proposal will be a waste of time as the
previous installation was vandalised
 The area should be re-turfed
 Money should be spent renovating the Pentre
Gwyn play area.
SPECIAL CONSIDERATIONS
Visual Impact and amenity: The finished floor level of the play area is set at
a lower level than the adjoining highway. It is acknowledged that the parts of
the enclosure are relatively high (3m) in comparison to other structures in the
vicinity. However, this is limited to either end of the hard standing and has a
form associated with play equipment. By virtue of the fact that the site is not
visually prominent I do not consider that the installation of the enclosures will
cause harm to the visual amenity of the area.
The nearest residential property is some 30m to the north of the site across
Queensway. These properties are themselves at a lower level, therefore the
road does form a barrier between these properties and the play area reducing
the potential impact of any noise nuisance that may be caused.
Page No 142
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
Other issues: I appreciate the concerns raised in relation to the history and
condition of the existing play area and that the money should be spent on
existing facilities elsewhere. However, this application must be considered
based on its own merits as presented. The proposal seeks to utilise a
dilapidated underused area of play which I consider will positively contribute to
this area
Conclusion: The site has had an established use for some 30 years as a
play area. I consider that this scheme to improve and enclose the area with
more modern play facility will seek to regenerate and promote its use. There
will be minimal harm to the amenity of the area by way of visual harm or noise
nuisance. I therefore recommend accordingly.
RECOMMENDATION
That Wrexham County Borough Council Resolves in accordance with
Regulation 3 of the Town & Country Planning General Regulations 1992 that
planning permission be Granted subject to any conditions specified below:RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No development shall commence until details of a colour or colours of
the finish of the multi-use goal area enclosures have been submitted to and
approved, in writing, by the Local Planning Authority. The development shall
be carried out strictly in accordance with the details as may be approved.
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.
Page No 143
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
LIST OF DELEGATED DECISIONS ISSUED
BRO P/2010/0519
GRANTED
on 16/01/2012
GWE P/2010/0544
GRANTED
on 11/01/2012
MAE P/2011/0681
GRANTED
on 19/12/2011
RUA P/2011/0689
GRANTED
on 19/12/2011
WRO P/2011/0737
REFUSED
on 20/01/2012
ST PETERS CHURCH CHURCH
ROAD BRYNTEG WREXHAM LL11
6NU
PHASE 2 MOLD ROAD GWERSYLLT
WREXHAM
LISTED BUILDING CONSENT FOR CONVERSION
OF FORMER CHURCH TO ONE DWELLING.
LITTLEOAKS BARN OVERTON
ROAD PENLEY WREXHAM LL13 0LU
LISTED BUILDING CONSENT FOR NEW PATIO
AND WALL
CLORIAN COTTAGE 15 WYNNSTAY
COURT WYNNSTAY PARK RUABON
WREXHAM LL14 6LA
EUROPEAN SHEETING LTD 6 - 8
SALISBURY ROAD WREXHAM LL13
7AS
LLA P/2011/0772
GRANTED
on 22/12/2011
GWE P/2011/0781
GRANTED
on 19/12/2011
SES P/2011/0787
REFUSED
on 20/12/2011
ISY P/2011/0788
GRANTED
on 10/01/2012
NANT Y GAER WOOD OFF NANT Y
GAER ROAD LLAY WREXHAM LL12
0NX
TREVALYN TOP ROAD
SUMMERHILL WREXHAM LL11 4TE
LISTED BUILDING CONSENT FOR BEDROOM /
DRESSING ROOM IN EXISTING OFFICE / LOFT
SPACE AND INSTALLATION OF ROOFLIGHTS
TEMPORARY USE OF LAND FOR PART OPEN
AIR STORAGE (2.2M HIGH MAX) AND VEHICLE
TURNING CIRCLE, IN CONNECTION WITH
EXISTING FACTORY SHEETING BUSINESS
SIDE REDUCE BACK TO BOUNDARY FENCE
LINE AND CROWN RAISE TO 2.5M ABOVE
GROUND LEVEL TREES IN GROUP ONE
ALTERATIONS AND EXTENSIONS TO EXISTING
DWELLING
4 FERN CLOSE CROSS LANES
WREXHAM LL13 0RZ
FLAT ROOF EXTENSION TO REAR OF
DWELLING
BARN ADJACENT TO OAKWOOD
BARN THE STABLES RODENS HALL
ROAD BOWLING BANK WREXHAM
LL13 9QF
27 PARK AVENUE WREXHAM LL12
7AL
CONVERSION OF BARN TO RESIDENTIAL
ACCOMMODATION
MILL COTTAGE WORTHENBURY
ROAD WORTHENBURY WREXHAM
LL13 0AW
BANK HOUSE CADNEY LANE
BETTISFIELD WHITCHURCH
WREXHAM SY13 2LN
LAND ADJACENT TO EN CASA
WAEN ROAD COEDPOETH
WREXHAM LL11 3PP
LAND TO THE REAR OF 2 HIGH
STREET OVERTON WREXHAM LL13
0DT
RUSTIC LODGE BRYN VILLA ROAD
ISYCOED WREXHAM LL13 9RR
ERECTION OF TIMBER GARAGE
WRA P/2011/0791
GRANTED
on 06/01/2012
WOR P/2011/0794
GRANTED
on 22/12/2011
MAE P/2011/0796
GRANTED
on 06/01/2012
COE P/2011/0804
GRANTED
on 16/01/2012
OVE P/2011/0807
GRANTED
on 17/01/2012
ISY P/2011/0820
GRANTED
on 22/12/2011
GRE P/2011/0822
WITHDRAWN
on 19/12/2011
WRO P/2011/0823
GRANTED
on 30/12/2011
CEI P/2011/0824
GRANTED
on 30/12/2011
ERECTION OF 21 NO. DWELLINGS AND
ASSOCIATED PARKING SPACES
EXTENSION TO REAR OF EXISTING DWELLING
AND ERECTION OF REPLACEMENT GARAGE
DEMOLITION OF EXISTING DWELLING AND
ERECTION OF ONE DETACHED DWELLING
REMOVAL OF CONDITION 4 OF PLANNING
PERMISSION CODE NO P/2011/0006 RELATING
TO DRAINAGE
LISTED BUILDING CONSENT FOR ALTERATION
TO REAR ELEVATIONS
20 SPRINGFIELD COURT
GRESFORD WREXHAM LL12 8HY
PERMANENT RETENTION OF EXISTING STABLE,
CREATION OF HARDSTANDING AND TRACK
THROUGH FIELD WITH BRIDLE GATE
EXTENSION TO REAR TO PROVIDE BREAKFAST
AREA AND SUN LOUNGE
UNIT 14B ISLAND GREEN
WREXHAM LL13 7LW
CHANGE OF USE FROM VETINARY SURGERY
(D1) TO DENTISTS SURGERY
ST GARMONS LLANARMON
PENSARN ROAD LLANARMON D C
LLANGOLLEN LL20 7LD
ALTERATIONS AND REFURBISHMENT OF
EXISTING NURSING HOME AND ANNEXE
BUILDINGS, INCLUDING MINOR DEMOLITION TO
MAIN HOUSE AND CHANGE OF USE TO FORM
SINGLE FAMILY DWELLING WITH ASSOCIATED
EXTERNAL LANDSCAPING WORKS
Page No 144
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
LLA P/2011/0826
GRANTED
on 22/12/2011
HAN P/2011/0830
GRANTED
on 22/12/2011
WOR P/2011/0833
GRANTED
on 22/12/2011
ESC P/2011/0835
GRANTED
on 06/01/2012
WRO P/2011/0836
GRANTED
on 22/12/2011
ISY P/2011/0837
GRANTED
on 22/12/2011
WRC P/2011/0839
GRANTED
on 30/12/2011
GWE P/2011/0840
GRANTED
on 22/12/2011
RUA P/2011/0841
GRANTED
on 11/01/2012
LLA P/2011/0844
GRANTED
on 30/12/2011
BAN P/2011/0845
GRANTED
on 20/01/2012
GRE P/2011/0846
GRANTED
on 22/12/2011
WRA P/2011/0850
GRANTED
on 22/12/2011
GWE P/2011/0851
WITHDRAWN
on 28/12/2011
SES P/2011/0852
GRANTED
on 09/01/2012
ISY P/2011/0853
REFUSED
on 10/01/2012
LLR P/2011/0855
GRANTED
on 22/12/2011
CHI P/2011/0858
GRANTED
on 09/01/2012
BRY P/2011/0862
GRANTED
on 10/01/2012
WRR P/2011/0863
GRANTED
on 10/01/2012
14 NINTH AVENUE LLAY WREXHAM
LL12 0SF
EXTENSION TO REAR OF DWELLING WITH
INTERNAL ALTERATIONS
HALGHTON HALL WHITCHURCH
ROAD BANGOR ON DEE WREXHAM
LL13 0BW
LOWER ELMS TALLARN GREEN
ROAD TALLARN GREEN MALPAS
WREXHAM SY14 7LL
HAFOD Y BWCH FARM MIDDLE
SONTLEY ROAD ERDDIG WREXHAM
LL13 0YP
BOUNDARY WALL AT 10 MADEIRA
HILL WREXHAM LL13 7HD
INSTALLATION OF 250 PV SOLAR PANELS ON
THE SOUTH FACING ROOF OF EXISTING BARN
UNIT T3 TOWER CLOSE ABBEY
ROAD WREXHAM INDUSTRIAL
ESTATE WREXHAM LL13 9WB
THE FOYER CRESCENT ROAD
WREXHAM LL13 8HF
ERECTION OF FLOOR MOUNTED SIGN
OUTSIDE NOS 1 TO 30 ROYAL
COURT SHELTERED HOUSING
BICKERTON DRIVE SUMMERHILL
WREXHAM LL11 4XA
WYNNSTAY ARMS HOTEL HIGH
STREET RUABON WREXHAM LL14
6BL
PAVILLION TO THE REAR OF THE
MINERS INSTITUTE LLAY ROAD
LLAY WREXHAM LL12 0TH
WOODCROFT HOLLY BUSH LANE
BANGOR ON DEE WREXHAM LL13
0BH
53 STANCLIFFE AVENUE MARFORD
WREXHAM LL12 8LN
EXTENSION TO EXISTING ON STREET PARKING
2 BICKLEYWOOD DRIVE WREXHAM
LL13 9XA
FERNLEA BOTTOM ROAD
SUMMERHILL WREXHAM LL11 4TW
THE STORES BEDWELL LANE
CROSS LANES WREXHAM LL13 0TR
INSTALLATION OF NEW GROUND MOUNTED
SOLAR PANEL SYSTEM
INSTALLATION AND OPERATION OF A GROUND
MOUNTED PV ARRAY COMPRISING 100
PANELS, INVERTERS AND CABLING
ERECTION OF DIRECTIONAL SIGN
INSTALLATION OF PHOTOVOLTAIC SOLAR
PANEL SYSTEM
FELL 2 NO. ASH TREES (WITHIN A
CONSERVATION AREA) AND REPLACE WITH
TWO REPLACEMENT TREES
OPERATION OF TAXI OFFICE
EXTENSION AND ALTERATION TO DWELLING
EXTEND EXISTING KITCHEN AND PITCHED
ROOF TO ALIGN WITH EXISTING FLAT ROOF
EXTENSION
ERECTION OF CONSERVATORY (3.6M X 3.3M)
TO SIDE OF PROPERTY
ERECTION OF DETACHED DOUBLE GARAGE ON
SITE OF EXISTING RESIDENTIAL CAR PARKING
AREA
1 NO. EXTERNALLY ILLUMINATED FASCIA SIGN
SUTTON VILLA SUTTON GREEN
ISYCOED WREXHAM LL13 9RP
CONVERSION OF DISUSED OUTBUILDING TO
DWELLING
1 HAFOD Y COED GARTH TREVOR
ROAD GARTH LLANGOLLEN
SINGLE STOREY EXTENSION WITH INTERNAL
ALTERATIONS
82 CROGEN LODGEVALE PARK
CHIRK WREXHAM LL14 5BJ
ERECTION OF CONSERVATORY
24 BRYN GWENFRO TANYFRON
WREXHAM LL11 5SW
CONSERVATORY TO REAR OF PROPERTY
171 CHESTER ROAD WREXHAM
LL12 8DW
ALTERATIONS TO EXISTING SHOP FRONTAGE
INCLUDING PROVISION OF NEW DOOR
Page No 145
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
WRR P/2011/0864
GRANTED
on 10/01/2012
LLA P/2011/0867
GRANTED
on 10/01/2012
GWE P/2011/0869
GRANTED
on 10/01/2012
WRR P/2011/0870
GRANTED
on 30/12/2011
CHI P/2011/0876
GRANTED
on 17/01/2012
WRA P/2011/0878
GRANTED
on 09/01/2012
RHO P/2011/0879
GRANTED
on 10/01/2012
GWE P/2011/0880
GRANTED
on 10/01/2012
BRY P/2011/0885
GRANTED
on 10/01/2012
RHO P/2011/0892
GRANTED
on 09/01/2012
ROS P/2011/0893
GRANTED
on 09/01/2012
OVE P/2011/0895
GRANTED
on 12/01/2012
171 CHESTER ROAD WREXHAM
LL12 8DW
NEW SIGNAGE
ST FRANCIS OF ASSISI RC
CHURCH LLAY ROAD LLAY
WREXHAM LL12 0NT
27 FFORDD ALYN GWERSYLLT
WREXHAM LL11 4HU
INSTALLATION OF SOLAR PHOTOVOLTAIC
SYSTEM
WINTERBORNE 2 LODGE ROAD
RHOSDDU WREXHAM LL11 2DD
APPLICATION FOR APPROVAL OF DETAILS OF
PRIOR NOTIFICATION OF PROPOSAL TO
DEMOLISH 2, LODGE ROAD, RHOSDDU
INSTALLATION OF METAL FENCE TO THE
SOUTHERN BOUNDARY AND LANDSCAPING OF
AREA INSIDE FENCE (IN RETROSPECT)
PROPOSED FIRST FLOOR SIDE EXTENSION
BRN P/2011/0897
GRANTED
on 16/01/2012
WAENREEF FARM SMOKEY LANE
TY BROUGHTON WREXHAM SY13
3BQ
GRE P/2011/0898
GRANTED
on 16/01/2012
HOL P/2011/0899
GRANTED
on 30/12/2011
ESC P/2011/0900
GRANTED
on 16/01/2012
PEN P/2011/0901
GRANTED
on 09/01/2012
STONELEIGH PANT LANE
GRESFORD WREXHAM LL12 8HB
RHO P/2011/0902
GRANTED
on 16/01/2012
23 BRYNHYFRYD JOHNSTOWN
WREXHAM LL14 1PR
WRR P/2011/0904
GRANTED
on 16/01/2012
25 BUCKINGHAM ROAD WREXHAM
LL11 2RH
CHIRK CEMETERY TREVOR ROAD
CHIRK WREXHAM LL14 5HD
16 MILE BARN ROAD WREXHAM
LL13 9LX
TWO STOREY SIDE EXTENSION
44 MAES ISAF JOHNSTOWN
WREXHAM LL14 1UU
FIRST FLOOR EXTENSION
ELSTED OLD MOLD ROAD
GWERSYLLT WREXHAM LL11 4SB
SINGLE STOREY EXTENSION
PEN Y GARTH RESIDENTIAL HOME
PLEASANT LANE BRYMBO
WREXHAM LL11 5DH
PENRALLT QUEEN STREET
RHOSLLANERCHRUGOG WREXHAM
LL14 1PY
PARKLEIGH FARM BARNS PARK
LANE ROSSETT WREXHAM LL12
0BL
REAR OF NOS 2 AND 3 PEEL
CLOSE OVERTON WREXHAM LL13
0FB
SINGLE STOREY SIDE EXTENSION TO PROVIDE
GROUND FLOOR BATHROOM FACILITY FOR
EXISTING CARE HOME
SINGLE STOREY EXTENSION
LAND ADJACENT TO SYCAMORE
HOUSE WREXHAM ROAD HOLT
WREXHAM LL13 9YU
BOD AFON WREXHAM ROAD
PENTRE BYCHAN WREXHAM LL14
4DS
HAFOD WEN CHURCH STREET
PENYCAE WREXHAM LL14 2RL
VARIATION OF CONDITION 11 OF PLANNING
PERMISSION CODE NO. P/2006/1471 RE:
VISIBILITY SPLAYS
REMOVE EPICORMIC GROWTH TO A HEIGHT
OF 2.5 METRES FROM GROUND LEVEL FROM 4
LIME TREES (T1 - T4) ANNUALLY FOR A PERIOD
OF 5 YEARS
SINGLE-STOREY EXTENSION TO FORM UTILITY
ROOM, WET ROOM, OIL TANK STORE AND
COVERED AREA TO SIDE AND REAR AND NEW
FRONT PORCH
CONSERVATORY TO REAR/SIDE OF DWELLING
ERECTION OF AGRICULTURAL BUILDING
DEMOLITION OF EXISTING KITCHEN AND
CONSTRUCTION OF NEW KITCHEN EXTENSION
(IN RETROSPECT)
VARIATION OF CONDITION 2 OF P/2011/0664 TO
ALLOW THE APPROVED GLAZED ROOF TO THE
REAR TO HAVE A SOLID TILED ROOF TO
MATCH EXISTING DWELLING
TWO STOREY REAR EXTENSION COMPRISING
GROUND FLOOR SHOWER ROOM AND LOBBY
WITH FIRST FLOOR EXTENSIONS TO EXISTING
BEDROOMS
SINGLE-STOREY EXTENSION
Page No 146
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 6 February 2012
RHO P/2011/0909
GRANTED
on 16/01/2012
WRA P/2011/0913
GRANTED
on 16/01/2012
GRE P/2011/0915
GRANTED
on 16/01/2012
TAN Y CLAWDD GARAGE
WREXHAM ROAD JOHNSTOWN
WREXHAM LL14 1PA
10 WINDERMERE ROAD WREXHAM
LL12 8AN
INSTALLATION OF 2 NO. 5M HIGH POLES AND
SWAN NECK CCTV CAMERAS IN DOMES (IN
RETROSPECT)
SINGLE STOREY EXTENSION
7 CEDAR CLOSE MARFORD
WREXHAM LL12 8XR
ERECTION OF GARDEN SHED