Officers Report - Flintshire County Council

Ref No:
Erection of 1no. dwelling
Isfryn, Pentre Lane, Buckley, CH7 3NY
Mrs Sarah Edwards
Date Valid: 19 May 2015
Case Officer:
Mrs P Roberts
Expiry Date: 14 July 2015
Consultation & Responses
Local Member: Councillor Mrs CA Ellis: Send observations that the road is a public
right of way and that there are parking restrictions. However, does not object.
Buckley Town Council: No observations.
Public Protection: No adverse comments
Highways (DC): Have no objections and do not wish to make a recommendation on
highway grounds
Environment (Rights of Way) – There are no footpaths in the area so has no
observations to make.
Clwyd Powys Archaeological Trust: Request the imposition of a condition requiring a
watching brief.
Natural Resources Wales: Request assessment regarding protected species
Buckley Commoners and Graziers: No objections.
Dwr Cymru/Welsh Water: Request the imposition of conditions and advisory notes.
Coal Authority: Following the submission of a coal risk assessment requests that
suitable conditions are imposed on any permission requiring ground investigations
works to be undertaken prior to commencement on site.
Neighbours: No responses received at time of writing.
Relevant History & Policies:
52/23803 – Erection of a detached bungalow approved 1.11.94
043028 – Outline – Erection of dwelling approved 10.8.07
046499 – Reserved matters application – Erection of a dormer bungalow approved
Flintshire Unitary Development Plan – Policy GEN1, HSG3, D1, D3, AC13, AC18
The proposal would comply with the above policies.
Planning Appraisal:
This application is a full application for the erection of a dwelling at ‘Isfryn’ Pentre
Lane, Buckley.
The application site is located within the settlement boundary of Buckley and has
previously been granted permission for a dormer bungalow in 2009. The applicant
has now submitted a full application for a two storey property within the existing
height limits of the dormer bungalow and with a similar footprint. The main issue on
this site was the relationship with the surrounding properties and the design and
location of the property has come about through pre-application discussions with the
case officer to ensure that there is no impact on the occupiers of these dwellings.
The height, scale and design of the property fits in with the scale of the properties in
the locality, particularly Isfryn which it lies behind. The property has been orientated
so that it does not overlook the adjacent properties and to ensure adequate
separation distance between it and ‘Isfryn’. Highways have no objection to the
proposal. There have been no objections from neighbours.
Taking into account the previous permissions, it is considered that the amended
design is acceptable and will not harm visual amenity nor the amenity of the
surrounding properties. As such, the proposal is considered to comply with planning
policy and is recommended for approval.
Recommendation Code: Approve
Prior to commencement of development, details shall be submitted to and
approved in writing by the Local Planning Authority of a scheme to conserve
protected species within the site with specific reference to Great Crested
Newts together with details of appropriate mitigation measures where
REASON: In order to ensure the safeguarding of protected species
6. No works of site clearance, demolition or construction shall take place in
pursuance of this permission unless a licence to disturb any such species has
been granted in accordance with the aforementioned regulations and a copy
thereof has been produced to the Local Planning Authority.
REASON: In order to ensure the safeguarding of protected species.
7. 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 for Archaeologists. The Local Planning Authority will 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,
41 Broad Street, Welshpool, Powys, SY21 7RR tel: 01938 553670 within two
months of the fieldwork being completed.
REASON: To safeguard any archaeological features on the site.
8. Foul water and surface water discharges shall be drained separately from the
Reason: To protect the integrity of the public sewerage system.
9. No surface water shall be allowed to connect, either directly or indirectly, to
the public sewerage system unless otherwise approved in writing by the Local
Planning Authority.
Reason: To prevent hydraulic overloading of the public sewerage system, to
protect the health and safety of existing residents and ensure no detriment to
the environment.
10. Land drainage run-off shall not be permitted to discharge, either directly or
indirectly, into the public sewerage system.
Reason: To prevent hydraulic overload of the public sewerage system and
pollution of the environment.
11. The proposed development site is crossed by a public sewer with the
approximate position being marked on the attached Statutory Public Sewer
Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has
rights of access to its apparatus at all times. No part of the building will be
permitted within 3 metres either side of the centreline of the public sewer.
Reason: To protect the integrity of the public sewer and avoid damage thereto.
12. Prior to commencement of development, site investigation works shall be
carried out in the form of:i) The submission of a scheme of intrusive site investigations for approval;
ii) The undertaking of that scheme of site investigations
iii) The submission of a report of findings arising from intrusive site investigations
iv) The submission of a scheme for remedial works for approval; and
v) The implementation of those remedial works.
REASON: The site is located within a high risk coal mining area and investigations
are required to ensure safety and stability of the works.
In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
Notes to Applicants
N13 Plans
Application form
Date received 24.6.15
Design and Access Statement received 19.5.15
Block plan (Amended) at scale 1:500 received 24.6.15
Floor plans and elevations at scale 1:100 received 19.5.15
2. N16
3. The application is advised that if a connection is required to the public sewerage
system, the developer is advised to contact Dwr Cymru Welsh Water's Developer
Services on 0800 917 2652. Some public sewers and lateral drains may not be
recorded on our maps of public sewers because they were originally privately
owned and were transferred into public ownership by nature of the Water Industry
(Schemes for Adoption of Private Sewers) Regulations 2011. The presence of
such assets may affect the proposal. In order to assist us in dealing with the
proposal we request the applicant contacts our Operations Contact Centre on 0800
085 3968 to establish the location and status of the sewer. Under the Water
Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at
all times.The Welsh Government have introduced new legislation that will make it
mandatory for all developers who wish to communicate with the public sewerage
system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh
Water (DCWW). The Welsh Ministers Standards for the construction of sewerage
apparatus and an agreement under Section 104 of the Water Industry Act (WIA)
1991 will need to be completed in advance of any authorisation to communicate
with the public sewerage system under Section 106 WIA 1991 being granted by
DCWW.Welsh Government introduced the Welsh Ministers Standards on the 1st
October 2012 and we would welcome your support in informing applicants who
wish to communicate with the public sewerage system to engage with us at the
earliest opportunity. Further information on the Welsh Ministers Standards is
available for viewing on our Developer Services Section of our website www.dwrcymru.comFurther information on the Welsh Ministers Standards can be
found on the Welsh Government website - This response is
based on the information provided by your application. Should the proposal alter
during the course of the application process we kindly request that we are reconsulted and reserve the right to make new representation. If you have any
queries please contact the undersigned on 0800 917 2652 or via email at
[email protected]
4. The applicant’s attention is drawn to the advisory notes attached regarding
archaeological watching briefs.
Date of Recommendation: 29.7.15