OFFICERS REPORT - DELEGATED
Ref No:
051648
Case Officer:
R. Davies - Cadnant Planning Ltd
Proposal: Application for the approval of details reserved by conditions 3
(materials), 4 (access from Barracks Lane), 5 (closure of existing access), 6
(phasing of parking provision), 9 (Drainage), 10 (hard/soft landscaping), 13
(safeguarding of swallows), 15 (hedgerows/tree protection), 16 (replacement
doors / windows), and 18 (vents/cowls) attached to planning permission
reference 050921
Location:
Bank Farm, Lower Mountain Road, Penyffordd, Chester
Applicant:
Holt Conservatories Ltd
Date Valid: 8th January 2014
Expiry Date: 4th March 2014
Consultation & Responses
Local Member: Councillor P. LIGHTFOOT – no response
Town/Community Council: HIGHER KINNERTON COMMUNITY COUNCIL – no
response
Head of Public Protection: No response
Head of Assets and Transportation: No objection to the proposal and confirm that do
not intend to make a recommendation on highway grounds.
Natural Resources Wales: No objection - standard advice notes
Dwr Cymru/Welsh Water: No response
Conservation and Environment Section: No objection provided that positive
measures to provide nesting sites prior to the development of the Dairy building.
Neighbours: No responses
Relevant History & Policies:
History:
048780 Change of use of agricultural buildings to light industrial use.
Permitted 06.01.2012
1
040627 Certificate of lawfulness – residential, retail and associated storage. Refused
14.02.06
038067 Outline, Demolition of existing buildings and erection of new dwellings.
Application called in by Welsh Government and refused 13.10.05
00/00733 Outline, Erection of 12 No. detached dwellings. Refused 05.09.00
4/2/14925 Change of use of piggery to boarding kennels and cattery. Withdrawn
06.02.90
050003 Outline – Erection of 12 No. dwellings including demolition of existing
outbuildings and creation of a new access. Withdrawn
050921 - VARIATION OF CONDITION NOS.6,8,9,13,15,16 AND 18 IMPOSED ON
PLANNING PERMISSION REF: 048780 TO ALLOW FOR A PHASED APPROACH
FOR THE UNDERTAKING OF (A) A SCHEME FOR FACILITIES FOR THE
PARKING, TURNING AND UNLOADING OF VEHICLES (B) EXTENDED LIGHTING
(C) A SCHEME FOR THE COMPREHENSIVE DRAINAGE OF THE SITE (D) A
SCHEME OF ECOLOGICAL MITIGATION (E) THE PROVISION OF
TREE/HEDGEROW PROTECTION (F) THE INTRODUCTION OF REPLACEMENT
WINDOWS/DOORS AND (G) VENTILATION EQUIPMENT RATHER THAN THE
REQUIREMENT FOR ALL DETAILS TO BE PROVIDED BEFORE THE USE OF
ANY PART OF THE SITE COMMENCES AS CURRENTLY PERMITTED –
Approved 26th September 2013
Policies:
Flintshire Unitary Development Plan
Policy STR1 – New Development
Policy STR 2 – Transport and Communications
Policy STR 7 – Natural Environment
Policy STR 8 – Built Environment
Policy GEN1 – General Requirements for Development
Policy STR10 – Resources
Policy GEN3 – Development in the Open Countryside
Policy D1 – Design Quality, Location and Layout
Policy D2 – Design
Policy L1 – Landscape Character
Policy WB1 – Species Protection
Policy AC13 – Access and Traffic Impact
Policy AC18 – Parking Provision and New Development
2
ADDITIONAL GUIDANCE
Planning Policy Wales Edition 6 – February 2014
Planning Appraisal:
Permission was granted initially for the change of use of agricultural buildings to light
industrial use under reference 048780 and under application reference 050921 a
number of conditions on that consent were carried to allow for a phased approach to
the development. This current application seeks consent to discharge conditions
relating to the approval of materials (condition 3); access from Barracks Lane
(condition 4); details of the means of closure of existing access (condition 5);
phasing and layout (condition 6); drainage (condition 9); hard and soft landscaping
(condition 10); details of safeguarding swallows (condition 13); retention of trees and
hedgerows (condition 15); details of replacement windows and doors (condition 16);
and, details of extract vents and cowls (condition 18).
All the required details are submitted as part of the application and no objections
have been raised by statutory consultees.
The plans and details submitted with the application to discharge the conditions
show a phased development to be completed within 3 phases with phase 1 including
the provision of a tarmac access crossing from Barracks Lane, provision of a
concrete internal road and turning area and parking spaces to serve a storage
building which will be used as the first phase of the development.
A former dairy building is shown as being converted within phase 2. This building is
currently used by nesting swallows and the submission makes it clear that no work
will take place on this building between March and September. Furthermore, in
response to a request from the Council’s ecologist positive measures to provide
nesting sites prior to the development of the Dairy building will have been
implemented.
Condition 16 relates to the details of replacement doors and windows to the
traditional buildings on the site. It is proposed to use “conservation standard”
casement softwood painted windows on these buildings. This is as requested by the
Conservation Officer on the original application to vary the conditions.
Condition 17 required the submission of a plan defining the extent of the residential
curtilage of the Bank Farm dwelling. The submitted plan is acceptable and defines
the curtilage as the house and garden, buildings physically linked to the house the
residential access and a small area of land show for a potential future domestic
garage. This is considered to be acceptable.
3
Condition 18 required details of dust extraction vents and cowls. The details
submitted with the current application confirm that there will no longer be a
requirement for any externally visible ducts, vents or cowls.
Recommendation Code: / In pursuance of its powers under the Acts and Order the
County Council as Local Planning Authority hereby: PERMITS the Application for the
approval of details reserved by conditions 3 (materials), 4 (access from Barracks
Lane), 5 (closure of existing access), 6 (phasing of parking provision), 9 (Drainage),
10 (hard/soft landscaping), 13 (safeguarding of swallows), 15 (hedgerows/tree
protection), 16 (replacement doors / windows), and 18 (vents/cowls) attached to
planning permission reference 050921
In accordance with the documents/plans/materials submitted on the 8 th January
2014 and on the 24th April 2014 (relating to nesting swallows).
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
Informatives
Application form and particulars received 8th January 2014
Additional details received on the 24th April 2014 (nesting swallows)
Date of Recommendation: 24th April 2014
4