Page No 1
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Community
Code No
Applicant
Recommendation
Page No
BRY
P/ 2005/1486
BRYMBO DEVELOPMENTS
LTD
GRANT
2 – 19
BRY
P/ 2009/0939
BRYMBO DEVELOPMENTS
LTD
MR M FERGUSON
GRANT
20 – 34
ABE
P/ 2010/0362
MR W ROBINSON
GRANT
35 – 45
WRA
P/ 2010/0808
MR R EVANS
GRANT
46 – 50
WRR
P/ 2010/0830
COOPERATIVE RETAIL
GRANT
51 – 54
RUA
P/ 2010/0856
L ROWLAND & CO (RETAIL)
LTD
GRANT
55 – 58
COE
P/ 2010/0866
MR ZIYA HUYUK
GRANT
59 – 61
OVE
P/ 2010/0867
MR PETER LYNCH
GRANT
62 – 64
GWE
P/ 2010/0871
WCE PROPERTIES LTD
GRANT
65 – 75
RUA
P/ 2010/0879
C/O CARTER JONAS
SIR WATKIN WILLIAMS-WYNN
GRANT
76 – 80
HOL
P/ 2010/0894
MRS MAIR NAYLOR
GRANT
81 – 85
GRE
P/ 2010/0899
75 POINT 3
JANE GOW
GRANT
86 – 89
ESC
P/ 2010/0902
ECO-READYMIX
REFUSE
90 – 95
RUA
P/ 2010/0911
WYNNSTAY FISHING AND
CONSERVATION LTD
MR PETER BLAKE
APPROVE
96 - 99
Total Number of Applications Included in Report: 14
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 2
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2005 /1486
COMMUNITY:
Brymbo
WARD:
Brymbo
LOCATION:
DATE RECEIVED:
LAND AT FORMER BRYMBO
23/12/2005
STEELWORKS BRYMBO WREXHAM
LL11 5BT
CASE OFFICER:
DESCRIPTION:
MP
OUTLINE APPLICATION FOR
RESIDENTIAL DEVELOPMENT
AGENT NAME:
APPLICANT(S) NAME:
PARKHILL ESTATES
BRYMBO DEVELOPMENTS LTD
LTD
M FERGUSON
______________________________________________________________
This application was reported to Planning Committee on 6 July 2006 where
members resolved to grant permission subject to the completion of an
Obligation under section 106 requiring that ‘no development takes place
unless and until the Spine Road has been completed throughout’.
The Section 106 Agreement was never finalised. The difficulties appear to
have centred around the Council’s need to provide a high degree of certainty
that the spine road would be constructed (and subsequently adopted) if the
residential development was to be permitted. This meant that BDL was
required to construct the road, wait for 12 months for defects to be rectified
and have the road adopted before it was to be allowed to develop the Lagoon
site for housing. BDL on the other hand wanted to be allowed to develop
some or all of the housing in order to fund the construction of the spine road.
There also appears to have been reluctance on the part of BDL to enter into a
Section 38 bond which would have provided the Council with the comfort of
knowing that it could draw down the money to construct/complete the road if
BDL had defaulted in any way.
Progress has been slow and since that time the housing market has been
severely damaged by the recession and the value of the residential land for
enabling development has fallen considerably. The value of the residential
land is therefore no longer sufficient to fund the spine road. Consequently a
further application for retail development is also being considered at your
meeting (P/2009/0939). The land value generated from the retail development
together with the reduced land value for the residential development would
then provide sufficient funding to pay for the spine road. Based upon current
land values there would however be no surplus available to invest in the
Heritage Area, as was previously the intention.
The key change regarding the deliverability of the spine road relates to the
use of a bond. The legal obligation will take the following form. BDL sells the
land relating to these developments and puts the full Spine Road construction
cost into a bond. Once the bond is in place, development of the sites can
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
commence. The Council’s position regarding the Spine Road construction is
secure as the funds have been supplies in full via a bond and BDL is in a
position whereby it is realistically able to sell the land to a prospective
developer. With all funding available and safeguarded, this guarantees that
the road is built as opposed to just started and possibly abandoned. A
mechanism will be included for a reduction of the bond as the road is built.
Both this and the retail application P/2009/0939 are intended as enabling
development to generate the necessary funds to complete the spine road. In
fact, the principle of accepting this application as enabling development has
already been established by this Committee in 2006. The retail proposal is
required to supplement the land value generated from this application to cover
the cost of the spine road. (The issues relating to the enablement argument
for both applications, the financial justification and the details of the Section
106 Agreement are explained in my report for the proposed retail
development P/2009/0939 also on this agenda). Based on current land
values, there will be no surplus available to invest in the Heritage Area.
However should land values recover then any surplus would be used to invest
in the long term viability of the Heritage Area which will form part of the
Section 106 Agreement.
It is difficult to forecast when land values will recover and this may not be for
some considerable time. Members therefore have to consider whether the
spine road should be constructed in the short term as a priority of whether the
timescales set within the Section 106 Agreement should allow for the
possibility of land values recovering and hence, creating a surplus for potential
investment.
My original report to Planning Committee on 6th July 2006 is attached
below. The recommendation however has been revised to reflect the
current position with regards to the information set out above in respect
of the proposed S106 Agreement.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
THE SITE
Application site
The application site is immediately to the south of the southern development
module.
PROPOSAL
Outline application for residential development with all matters reserved for
subsequent approval.
HISTORY
CB00016
Outline application for residential development and erection of
buildings for retail, B1, B2 and B8 and leisure uses including
heritage area, nature conservation area including formation of
new accesses to classified roads.
Detailed application for reclamation of land including the
recovery and processing of minerals.
Granted 10/11/1997
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
P/2000/0968
P/2002/0385
P/2002/0973
P/2002/1171
P/2003/1324
P/2004/1441
The application was accompanied by an Environmental
Statement. The permission is subject to 51 conditions- 1-11
relating to the outline permission and 12-51 relating to the
detailed permission. A legal agreement was entered under
section 106 into relating to contamination, groundwater,
monitoring, management and the establishment of the Liaison
Committee. There is no requirement for affordable housing
provision.
Variation of condition 2 of CB00016 to extend period for
submission of reserved matters to 11/12/2003.
Granted 11/12/2000
Variation of conditions 24, 25, 26 and 27 of CB00016 relating to
noise matters. Granted 27/6/2002
Relaxation of condition 12 of CB00016 to extend period to begin
development to 10/11/2003. Granted 9/12/2002
Amendment to condition 10 of CB00016 to allow number of
dwellings to be increased from 300 and amendment of condition
14 to relocate areas proposed for housing and industry.
Granted 7/4/2003 subject to 5 additional conditions
Variation of condition 1 of CB00016 to extend period for
submission of reserved matters until 22/12/2005.
Granted 22/12/2003
Amendment to condition 42 of CB00016 to replace obsolete
contamination guidance. Granted 23/12/2004 subject to a
revised condition
DEVELOPMENT PLAN
Outside of the settlement limit and within Green Barrier. Policies PS1, GDP1,
EC1, EC4, EC16, H5 and CLF5 apply.
CONSULTATIONS
Community Council:
Object for the following reasons;
- The site adjoins a site which already has 450
properties. This in itself constitutes a large
increase in traffic which will be using the
Brymbo Link Road. Adding even more traffic to
what will be a very, very busy road.
- The site is right on the bend that has been the
site of numerous accidents;
- The site also takes up even more of the green
space which is left in Tanyfron when there is
hardly any left;
- This application is nothing more than blackmail
when we are told that unless it is granted the
spine road through to Brymbo will not be
finished;
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Adjacent CC:
Local Member:
Adjacent CC:
CPPO:
Highways:
- The applicant has added more properties to this
site on the same proviso. How many more
houses is it going to take to provide the
necessary spine road.
Notified 12.1.06
Notified 4.1.06
Notified 12.1.06
Recommends:
- Restrictions to the hours operations using
machinery audible at the site boundary can be
carried out;
- condition requiring a scheme to deal with
potential contamination at the site;
- Requests details of drainage and a condition
requiring that all sewers/drains should conform
to appropriate standards.
No objection in principle but made the following
comments and recommendation;
- Access to the site will require a
roundabout in order to meet with design
standards and to provide a consistent
approach to the highway design
throughout the redevelopment scheme;
- The addition of approximately 100 more
dwellings is likely to have a significant
effect on traffic generation in the locality.
The 2005 TIA took account of the retail,
industrial and commercial proposals
along with 520 dwellings. There are
already 469 dwellings with planning
permission on phase 1 of this site.
Approximately 30 further dwellings are
proposed at the Northern Residential
development. A further 80 apartments
on the main spine road and now the
proposed additional dwellings will
dramatically increase residential
dwellings to a level approaching 680 –
30% increase;
- The traffic levels are likely to have a
detrimental impact on the Brymbo link
road at its junction with the A525 Ruthin
Road. A further TIA must be undertaken
to take account of the additional housing
along with agreed levels of industrial,
commercial and retail usage.
Consideration must also be given to
public transport;
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
-
Environment Agency:
Civic Society:
Ramblers Association:
Other representations:
Recommend a number of planning
conditions dealing with estate road
design and layout, means of access,
parking provision and submission of a
TIA.
Recommend conditions dealing with:
- Contamination;
- surface water regulation;
- infill of lagoons
Has reservations regarding the proposal to
increase the land take to the north and south of the
(Steelworks) site to help finance completion of the
Spine Road. It is possible that, with the right kind
of development, the smaller of the tow proposed
areas to the north could be acceptable but the
larger area to the south would encroach into Green
Belt and extend beyond the settlement boundary
and should be resisted. Not allowing this southern
parcel of land may exacerbate the problem of
funding shortfall for completion of the Spine Road,
but surely there must be other possibilities rather
than further land take and encroachment in to
green belt.
Advise Rights of Way Review Committee
Guidance Note 6 and Welsh Office circular 5/93
are utilised when considering the application.
A total of 4 letters of objection received. The
principle concerns area:
- it is a departure from the development plan;
- it is against the principle of sustainable
development, this is in breach European
Treaties;
- it is using up a finite resource which is also
agricultural land, which is needed for food
production;
- it will cause coalescence between villages;
- it is not lawful to build houses to pay for
building a road and thus use land outside a
settlement boundary;
- the developer should pay a commuted sum of
monies from the existing development;
- it will cause a diminution of residential amenity
of the villages affected;
- it will affect the natural environment and
decrease bio-diversity;
- it is not of imperative overriding interest for
socio-economic or national interest for the extra
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
-
-
-
-
-
houses which are purely speculative
development;
it would set a precedent for future cases of
houses being built to pay for infrastructure;
support the regeneration of the Steelworks
brown field land and the link road which has
been allocated by the UDP;
there is no need for this site to be development
as there is sufficient land for house building in
the Wrexham area;
although the land was owned by the steelworks
it was never within the boundary of the
steelworks itself. It is actually within the
boundary fence surrounding the former
Steelworks Sports and Social Club, now
Brymbo Sports and Social Club. Prior to the
construction of the complex the site was part of
a farm and has never been built on and it has
never been used for industrial purposes, save
for its recent use as a lagoon for excess water
from the open cast mining of the steelworks
site. Returning it to its previous condition is just
a matter of bulldozing the earth walls of the
lagoon flat and re-grassing it over, thus
enabling it to be returned to its previous use as
a golf practice area for members of the
Complex, and as a flying area for a local model
aeroplane and helicopter club;
there are already approximately 460 houses
being built on the adjacent steelworks site.
Whilst many accept this as a consequence of
the redevelopment of the derelict and toxic site,
I am opposed to the development of what is
essentially unspoiled greenfield land and had
this been included in the original plans I would
have objected then. Nowhere in the original
plans was any mention of road building being
conditional on the passing of further housing
development plans;
the current development will double the site of
Tanyfron, and I have yet to see anything that
will benefit any of the current residents. We will
suffer greatly increased traffic on what is
already a dangerous road in dark, wet, foggy
and icy conditions. The fact that extra junctions
are being considered will make this worse.
Granting permission for more housing and
more traffic will cause further problems;
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
-
Site Notices:
the public facilities available to the residents of
Tanyfron are abysmal. There is only one shop,
the bus service is useless to anyone who would
like to travel unless they work 9-5.30 in
Wrexham and don’t work on Sunday. There is
no evidence that any aspect of the
development will change these facts meaning
there will be perhaps 1000 extra people in the
village who are basically reliant on cars.
- What happened to the greenbelt? The proposal
is over development and must be rejected
outright.
- the development is absolute greed, the land
should be returned to its former use as amenity
land, especially as the Council is disgracefully
allowing houses to be built on the only green
public space in the village.
- I have very little idea why the Council sends out
letters to taxpayers regarding outline planning
applications for land near their homes. This is
now the fifth letter I have replied to with an
objection to in the last two to three years. All
that seems to happen is the plans are revised
by a small amount, are re-submitted and
passed. When people write to say they don’t
want development, they don’t mean that you
should allow a revised plan to be submitted,
they mean they don’t want any development.
- Tanyfron has very little amenities for the
astronomical amount of council tax paid each
year. The least the Council could do is to listen
to our answers when you pose a question, not
just ignore local residents and carry on.
30.1.06
SPECIAL CONSIDERATIONS
Background: The reclamation of the former steelworks is a major project
some 10 years in the planning process. Outline planning permission was
originally granted for the reclamation works making provision for residential,
commercial and industrial development areas, a heritage area as well as
major landscaping works. The reclamation works are now reaching an
advanced stage, in particular the on-going development of residential
properties. Detailed permissions have also been granted for the first
commercial and industrial developments.
An integral part of the scheme was the formation of a new north-south spine
road providing improved access between the village of Brymbo and the
Brymbo Link at Tanyfron. Brymbo Developments have constructed or are
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
committed to approximately 80% of the works necessary to form the Spine
Road, however there remains a substantial amount of work necessary to
complete the road for which there is currently no funding.
The establishment of the Heritage Area was considered important to the
overall reclamation of the Steelworks site, allowing for the preservation of
important aspects of the industrial heritage of Brymbo. Funding is necessary
to allow for this area to be established, however to date this has not been
forthcoming.
Policy considerations: The application site lies outside the settlement limit
defined for Brymbo and is also within a designated green barrier. The land
also forms part of a reclamation site covering the entire area of the former
steelworks. The indicative after-uses proposed for the steelworks under Policy
EC16 is a mixture of housing, employment and amenity. No details are given
in the Unitary Development Plan as to where these uses might be distributed.
However, it can be reasonably inferred from the exclusion of the application
site from the settlement limit, that the appropriate after-use is amenity. This
would reflect the approach that has been taken in reclaiming the area to the
north-east (facing The Lodge) which also lies outside the settlement limit.
Sport & Social Club
Site
Tan
y
Fron
Residential (under construction)
Spine Road
There is thus a strong policy presumption against built development on the
application site . The Council must therefore consider whether or not the
applicants have made a compelling case for departing from the provisions of
the statutory development plan.
The key issues are:-
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
(a) Housing Need
The April 2005 Housing Land Availability Survey for Wrexham (the latest
published) indicates that sufficient land is potentially available to
accommodate 3731 dwellings in total. 2771 of these could be built on land
likely to be made available by 2010. In the vicinity of the application site,
around 410 dwellings will be built on the main part of the former steelworks
while around 327 will be built only 3 kilometres away at Ruthin Road,
Wrexham. Smaller sites which together will accommodate approximately 200
additional dwellings have also been identified elsewhere in the Brymbo and
Broughton communities. In the light of this substantial provision, it is clear that
there is no overriding need to bring forward more land for housing either in the
County Borough as a whole or in the Brymbo/Broughton area in particular.
(b) The Settlement Limit
Settlement boundaries have been defined having regard to existing and
proposed development and to local topography. The boundary on the south
east side of the former steelworks runs along a well-established hedgeline
which marked the edge of what was the main operational works area. Beyond
the hedge, the land begins to slope away. The future built-up area (the new
southern development module) will extend towards the edge of the current
settlement limit with a landscaped zone along and to the north of the original
hedge line itself. In these circumstances, the settlement boundary will
continue to be the logical limit of development. Accordingly, it cannot be the
case that residential development of the application site would justified on the
basis that the settlement limit is unrealistic.
(c) Safeguarding the Green Barrier
The purpose of green barriers is to maintain the open character of the land
between settlements. Residential development, particularly on a substantial
scale (the application site could accommodate in the region of 100 dwellings)
would thus be clearly at variance with green barrier objectives.
(d) Re-using Brownfield Land
While national and local planning policies encourage the re-use of brownfield
sites, the Council's aerial photograph shows that only a small part of the
application site (the area immediately adjoining the former steelworks
entrance) might have been classified as brownfield land. The remainder
seems to have been informal open space forming part of the adjacent sports
club complex. Much the application site has been affected by the current
reclamation works – the site is occupied by lagoons required to manage
surface water during these works. These are however of a temporary nature
and there is no reason why the land could not be reinstated to its former green
condition. The proposed development does not therefore involve bringing
back a brownfield site into beneficial use.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
(e) Wrexham Unitary Development Plan
The Plan was adopted as recently as last year having been the subject of
extensive consultations. Part of the application site (the area around the
former steelworks entrance) was the subject of an objection from Brymbo
Developments. The company wished to see the land incorporated in the
settlement limit with a view to future development. The objection was
considered by the Unitary Development Plan Inquiry Inspector and rejected
for the following reasons:"Any residential development that could result from the inclusion of the land
within a settlement boundary would be an elongated and fragmented form of
development physically divorced from Tanyfron. It would result in an
undesirable and intrusive form of development into the wider expanse of open
countryside to the east to which this site has its prime affinity. There are also
serious concerns arising on grounds of highway and pedestrian safety
particularly related to the severance of the objection site from Tanyfron by the
Brymbo Link Road.
The Green Barrier between Tanyfron and the Lodge and Brynteg serves a
valuable purpose in preventing the coalescence of urban areas and villages
with other settlements. It should not be eroded as sought in the objection"
Even though the area of the UDP objection site was only 0.4 hectares, the
Inspector still considered that development would be inappropriate. The
application site is much larger and the detrimental impact on the green barrier
would thus be significantly greater.
(f) Wrexham Local Development Plan
The Council will shortly be commencing preparation of the Local Development
Plan, a key element of which will be the allocation of appropriate sites for
residential development. The Plan will be subject to full public consultation
and all prospective developers (including the current applicants) will have an
opportunity to put sites forward for consideration. In the absence of a
significant shortfall in housing land availability (see above) there is no reason
to pre-empt the Local Development Plan by releasing additional land at this
stage. There might, for example, be potential sites in a number of other
communities which, if developed, would more appropriately meet the
Council's overall planning objectives
Enabling development: An enabling development is one that would not
normally be granted planning permission, but in exceptional cases where
wider community benefits will be brought about, either directly or indirectly as
a result of the development, permission may be granted. Where proposals for
such development is put forward, it is therefore necessary to consider whether
benefits to the local community can justify normal planning policy
Page No 13
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
considerations to be set aside. The benefits as I perceive them are set out
later.
The policy matters discussed in the previous section set out the reasons why
development would not normally be permitted on the application site, however
it is necessary to also consider the supporting case put forward by the
application for this land to be released.
The applicant intends to use the development of the site to secure funding (at
no cost to the public purse) to allow for the following;




Long-term access arrangements to be provided to the commercial
developments;
Provision of access to and funding to ‘kick start’ the Heritage Area;
Improved inter-community linkages between Brymbo and Tanyfron;
Access for all communities to the proposed school, shop and the
Enterprise, Learning, Information and Resource Centre.
The Spine Road is a vitally important part of the reclamation of the Steelworks
site and access to all of the other on-going and proposed developments are to
a major extent reliant on the Spine Road being completed throughout.
Without the completed north-south link, the commercial and industrial facilities
will be left without adequate access and this will impact significantly upon the
viability of these developments. The applicant has indicated that they are
unlikely to risk the development costs of these proposals unless completion of
the Spine Road is completed. In theory these developments could be
accessed from the north, however this would add a significant additional traffic
to the B5101 (New Road/Kent Road) through the Lodge, instead of travelling
directly south along the Spine Road and onward via the Brymbo Link Road.
Prior to putting forward the current proposal, the applicant considered and
rejected a number of possible alternatives. The sites and reasons for not
pursuing development there are set out below;
a) The Lodge
This was included as a potential housing site within the original outline
planning application but later rejected due to Council and local community
opposition. The site is also subject to substantial past shallow mine working
and would require substantial treatment to make it suitable for development.
Whilst this could have been reclaimed as part of the overall scheme, it would
now be difficult as operations have moved elsewhere. The site would also not
be physically linked to the Spine Road (hence its role as an enabling
development could be questioned), therefore its development would create
additional traffic not Lodge Road. These matters could not be overcome
without considerable effort and inevitable concern.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
b) Old Quarry Site
This area, to the south of the Heritage Area is currently in agricultural use
(and also outside of the settlement limit. The site was discounted on
landscaping and planning policy grounds, and again the lack of a direct
physical link with the Spine Road.
c) Reducing the amount of employment land
One of the guiding principles throughout the development has been the reintroduction of substantial and meaningful employment. The applicants have
given assurances to the local community in this respect. Any material
reduction in employment land would leave the Brymbo area to function as a
dormitory settlement for other areas, rather than being a self sustaining
community. Furthermore the conversion of employment land to housing
would not be financially sustainable since an even greater area of housing
would be required as the development would have to off-set the loss of
revenue from the employment provision.
Consideration of applicant’s case: Earlier sections of my report make it
clear that the development of this site is contrary to policy and that granting
permission would be a material departure from the provisions of the UDP.
The applicants have explored a number of ways in which the shortfall in
funding for the Spine Road, however these have proved inappropriate or
unlikely to generate sufficient revenue. Whilst being outside of the settlement
limit and in the Green Barrier, the application site is adjacent to the existing
development modules and opposite Tanyfron and as such the locality is
already fairly urban in character. The proposed extension to the existing
urbanised area would have far less of an impact upon the character and visual
amenity of the locality than development on the land to the south of the
Heritage Area, which is much less urban character. This application site could
also be provided with direct access onto the Spine Road and Brymbo link
road.
I would not wish to encourage the loss of the commercial and industrial
developments as these will provide valuable employment opportunities locally.
The provision of a significant element of employment land locally will also
conform with the principles of sustainable development. In any case the
applicant has already stated that if the employment land was developed for
housing instead, there would still be a need for additional land to be released
to make up for the loss in revenue from this land.
Community Benefits:
I identify the benefits as being:
Completion of the spine road will
a.) remove extraneous traffic from The Lodge
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
b.) allow much improved access to and from Brymbo village
c.) provide good access to the proposed industrial/commercial developments
and thus give them a greater chance of success in providing jobs to
replace those lost from the steelworks in 1990.
d.) Better links between Tanyfron and Brymbo villages
Funding for the Heritage area:
e) to ensure that work on the historic parts of the site are brought forward
It is clear that without completion of the Spine Road the full community
benefits of the whole reclamation scheme will not be realised. Failure to do so
will have far-reaching and detrimental impacts, preventing the full
implementation of a major 10 year reclamation project. On balance, in my
view, the Spine Road and the potentially enabling role of this development
outweigh the loss of the 2.275 hectares of Green Barrier. As such I am
prepared to consider this application as an exceptional case and recommend
that permission is granted. The applicant must however be required to enter
into Section 106 agreement requiring the Spine Road to be completed prior to
the start of development of this application site.
Sustainable Development: To accord with LPG22 (Sustainable Building) the
application should be accompanied by an Environmental Site appraisal to
demonstrate how the development will achieve sustainable buildings. The
applicant has not submitted an appraisal and because the application is in
outline, it is not possible to assess the sustainability of the siting and design of
the buildings. In general terms, I am satisfied the location of the development
is sustainable, being close to employment opportunities (following the
completion of the industrial and commercial modules) and community
facilities. I also believe the layout and design of the site could achieve
sustainable building without significantly increasing the costs to the developer
or reducing the revenue necessary to complete the Spine Road.
Developer Contributions: It would normally be the case that developer
contributions towards affordable housing, public open space and financial
contributions to schools would be required for developments of the size
proposed. If these requirements were imposed upon the applicant, the costs
would be such that insufficient funds would be generated to secure the
completion of the Spine Road, or that further land would need to be released.
To allow the development to fulfil its enabling role therefore, I believe this is an
exceptional case where requirements for developer contributions will not be
imposed.
Environmental Impact Assessment: Under Schedule 2 of the Town and
Country Planning (Environmental Impact Assessment) (England and Wales)
Regulations 1999, local authorities need to consider whether major urban
development projects (such as housing developments) of 0.5 hectares or
more require and Environmental Impact Assessment to be carried out. The
application site area is 2.275 hectares, thus the development falls under
Schedule 2.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Guidance on the thresholds and criteria for requiring and EIA for schedule 2
development is provided by Circular 11/99. Paragraph A18 states that in
addition to the physical scale of urban development projects, consideration
should be given to the potential increase in traffic, emissions and noise.
Paragraph A19 states that for sites that have not previously been developed,
EIA is likely to be required if the site area of the scheme is more than five
hectares, or the development would have significant urbanising affects in a
previously non-urbanised area (e.g. a new development of more than 1000
dwellings).
Whilst the site is located outside the settlement limit and within a designated
Green Barrier, it would not have a significant urbanising affect on the locality.
The land to the north was formerly a large industrial site and is in the process
of being re-developed into a mixed housing and employment site. In addition,
the site is located opposite the village of Tanyfron and to the south is the
Brymbo Sports Club.
The development is unlikely to significantly increase the environmental
impacts upon the locality from noise, traffic and emissions over and above the
likely impacts of the adjacent development sites (to the north), as well as the
impacts from traffic and emission from the existing adjacent settlement. The
impact of traffic on the road existing road infrastructure, and the capacity of
the local road network is considered separately under highway considerations
(see below).
In terms of construction/restoration works, the development of the site is
unlikely to significantly increase the noise, traffic and emissions particularly as
site would need to be restored if the original plans were to be realised. This
would involve earth movement, infilling of lagoons and landscaping. Much of
this work would also be required if the site were developed for housing. The
restoration works already carried out will have largely dealt with the bulk of the
contamination issues associated with the former steelworks and any residual
contamination would have to be dealt with were the site restored without
development.
Biodiversity: The current use of the site means it is unlikely to provide
valuable habitat, therefore the development will not significantly impact upon
biodiversity.
Highways: Highways have raised no objection to the development, however
they advise that the impact of additional traffic needs to be considered.
Whilst the site is capable of accommodating nearly 100 dwellings, it would be
difficult to fully assess the traffic impacts until the precise number of units is
know. It will therefore be necessary for a Transport Impact Assessment to be
submitted as part of any reserved matters submission.
Highways have also recommended a number of other planning conditions are
attached requiring full details of the access arrangements, and the estate
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
roads to be submitted for approval. In addition all dwellings will need to be
provided with off-street parking facilities in accordance with LPG16.
Conclusion: The development does not accord with the provisions of
adopted development plan policies, however the development will fulfil and
enabling role to allow the proposed Spine Road to be completed. Given the
numerous and far reaching community benefits the Spine Road will bring, I
am prepared to make an exception to normal planning considerations and
recommend permission is granted.
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and
Country Planning Act 1990 that secures:
a) The capital raised from the sale of the land being used exclusively to
fund the completion of the Spine Road linking Tanyfron and Brymbo.
b) Any outstanding capital be used exclusively to fund the development of
the Brymbo Hertiage Area.
c) That no development commences until the funding to complete the
Spine Road has been secured.
The Chief Planning Officer be given delegated authority to settle the final form
and content of the obligation.
RECOMMENDATION B
Upon completion of the obligation, planning permission be GRANTED subject
to the following conditions:
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local
Planning Authority before any part of the development is commenced:
a. the layout of the building(s)
b. the scale of the building(s)
c. the appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1
(above) shall be submitted in writing to the Local Planning Authority before the
expiry of three years from the date of this permission. The development shall
only be carried out in strict conformity with such details as are thereby
approved.
3.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission or two years from the date of
approval of the last of the reserved matters required to be approved,
whichever is the later.
4.
The reserved matters application shall include a Traffic Impact
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Assessment. The Traffic Impact Assessment shall include an investigation
into the A525/Brymbo Link Road junction and also public transport provision.
5.
The reserved matters application shall include full details of the siting,
design and construction of the means of access to the site. The means of
access shall be carried out in accordance with the details as approved prior to
the first occupation of any dwelling.
6.
The reserved matters application shall include full details of the layout,
design, drainage and construction of the internal estate roads. The
development shall be carried out in accordance with the details as approved
and the estate roads provided prior to the first occupation of any dwelling.
7.
Development shall not begin until a scheme to deal with potential
contamination at the site has been submitted to and approved, in writing, by
the Local Planning Authority. This scheme shall include a phased
investigation approach to identify the extent of contamination and any
measures required to remediate the site, including post development
monitoring. Where remediation works are required, no dwelling shall be
occupied until a Validation Report to show that the works have been
satisfactorily carried out, has been submitted to and approved, in writing, by
the Local Planning Authority.
8.
Development shall not commence until a scheme for the provision of all
foul and surface water drainage works has been submitted to and approved,
in writing, by the Local Planning Authority. The scheme, as approved, shall
be implemented to a timescale agreed with the Local Planning Authority.
9.
A landscape management plan, including long-term design objectives,
management responsibilities and maintenance schedules for all landscape
areas shall be submitted to and approved, in writing, by the Local Planning
Authority, prior to the occupation of development or any phase of the
development, whichever is sooner, for its permitted use. The approved
landscape management plan shall be carried out as approved.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning
(General Development Procedure) Order, 1995 (as amended).
2.
To comply with Section 92 of the Town and Country Planning Act,
1990.
3.
To comply with Section 92 of the Town and Country Planning Act,
1990.
4.
To ensure no detrimental impact on the adjoining local highway
network and to ensure the provision of an adequate public transport system.
5.
To ensure the provision of a safe and satisfactory access.
6.
To ensure that the estate road is constructed to a standard suitable for
adoption.
7.
To deal with issues of potential land contamination and to ensure a
safe and satisfactory standard of development.
8.
To protect the health and safety of existing nearby residents and
ensure no detriment to the environment.
9.
To ensure landscape features are properly considered and protected.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
NOTE(S) TO APPLICANT
Further advice on compliance with Condition 7 may be obtained by contacting
the Council's Environmental Protection Section on (01978) 297041. Should
the investigation require contamination issues taht may affect receptors other
than the site users, ie 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
Environment Act 1990.
There shall be no fires on the site to include the prohibition of the burning of
cleared vegetation.
All works, ancillary operations and the use of plant and machinery which are
audible at the site boundary should be carried out only between 07.30 hours
to 19.30 hours Monday to Friday, between 08.00 hours to 14.00 hours on
Saturdays and at no time on Sundays and Bank Holidays.
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 is a departure from the provisions of the adopted
Wrexham Unitary Development Plan and in the absence of an agreement to
ensure the development secures the funding necessary to complete the
Brymbo - Tanyfron Spine Road it will not be possible to deliver the community
benefits that will be derived from the granting of permission. As such the
development does not accord with policies PS1 and EC1 of the Wrexham
Unitary Development Plan.
______________________________________________________________
Page No 20
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2009 /0939
COMMUNITY:
Brymbo
WARD:
Brymbo
LOCATION:
LAND ADJACENT TO PHOENIX
DRIVE BRYMBO WREXHAM
LL11 5BT
DESCRIPTION:
OUTLINE APPLICATION FOR
ERECTION OF SUPERMARKET AND
SMALL RETAIL UNITS AND
ASSOCIATED CAR PARKING
APPLICANT(S) NAME:
MR M FERGUSON BRYMBO
DEVELOPMENTS LTD
DATE RECEIVED:
17/11/2009
CASE OFFICER:
SJG
AGENT NAME:
PARKHILL ESTATES
LTD
MR M FERGUSON
______________________________________________________________
P/
THE SITE
The site is located in the northern part of the Brymbo development site. The
three housing modules and section of the main spine road in the southern half
of the site have been developed and are nearing completion. The Enterprise,
Learning and Resource centre at the northern end is complete and in use.
The site consists of an area of 1.3 hectares.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
PROPOSAL
As above. All matters are reserved.
Whilst the application is in outline only, Drawing P270-201 Rev.a (Block Plan)
shows an indicative layout, demonstrating how the site might be developed in
order to meet existing desirable criteria. This shows:







A supermarket building occupying some 18,000ft2
Six smaller retail units (circa. 1,000ft2) with the potential to attract such
occupiers as fast food outlets, chemist, café, baker, bookmaker, hair
salon, off-licence, newsagent etc. (subject to detail planning
permission)
Approximately 130 car parking spaces (with provision for the needs of
physically handicapped, cyclists and motor cyclists) related to the
Supermarket
Approximately 50 car parking spaces (as above) related to the smaller
shop units
Access not directly off the spine road to ensure free flowing movement
on that road
Access for service/delivery vehicles
Proximity to the proposed school – a major consideration for any retail
developer.
The application details include a Retail Assessment and a Financial Appraisal
verifying construction costs of the spine road and providing a case as enabling
development.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
RELEVANT HISTORY
CB00016
Outline application for residential development and erection of
buildings for retail, B1, B2 and B8 and leisure uses including
heritage area, nature conservation area including formation of
new accesses to classified roads.
Detailed application for reclamation of land including the
recovery and processing of minerals. Granted 10/11/1997
The application was accompanied by an Environmental
Statement. The permission is subject to 51 conditions- 1-11
relating to the outline permission and 12-51 relating to the
detailed permission. A legal agreement was entered under
section 106 into relating to contamination, groundwater,
monitoring, management and the establishment of the Liaison
Committee.
Permission renewed and varied in several later applications.
P/2005/0088 Erection of Enterprise Learning Information and Resource
Centre (on Upper Module). Granted 11/4/2005
P/2005/0114 Reserved matters for 469 dwellings on Central, Southern and
Western Modules Considered at Planning Committee (sites)
5/8/2005. Approval Granted 31/10/2005 subject to Section 106
P/2005/1484 Light Industrial Units phase 1 Northern Module phase 1.
Granted 6/3/2006
P/2005/1485 Outline for residential development northern area.
Granted 6/3/2006
P/2005/1486 Outline of residential development, Brymbo Road
Granted subject to s106 3/7/2006
P/2005/1487 Outline for 2 apartment blocks, heritage module
Granted 6/3/2006
P/2005/1488 Outline for petrol filling station and retail facility, northern area
Granted 6/3/2006
P/2005/1489 Commercial development phase 1 northern module
Granted 6/3/2006
P/2006/0341 Variation of condition 2 of CB00016 to extend period for
submission of reserved matters for a further 2 years
Granted 27/4/2006
P/2009/0122 Renewal of P/2005/1487
Current (s106)
P/2009/0123 Renewal of P/2005/1485
Granted 6/4/2009
P/2009/0124 Renewal of P/2005/1488
Granted 6/4/2009
P/2009/0125 Renewal of P/2006/0341
Granted 6/4/2009
P/2010/0516 Reserved matters for north spine road Granted 3/8/2010
DEVELOPMENT PLAN
The site lies within the settlement limits. Policies PS1 PS2 PS3 PS4 S4 S6
EC13 T8 GDP2 and GDP1 of UDP are relevant, together with LPGN 7, 16
and 23 and TAN4 Retailing TAN12 Design and TAN22 Sustainable Buildings.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
CONSULTATIONS
Brymbo C Council:
Consulted 18/11/2009
Broughton C Council: No observations
Local Member(s):
Consulted 18/11/2009
Mark Isherwood AM: Supports the application
Martyn Jones MP:
Requests further information when received
Highways
Recommend conditions
Public protection:
Object to layout on safety grounds. Comments.
Economic Development: Consulted 18/11/2009
CCW:
Recommend condition to address newt conservation
issues
CPAT:
No objections
WACS:
Consulted 18/11/2009
Environment Agency: Recommend conditions
Welsh Water:
Recommend conditions.
Airbus:
No objections at this stage.
Access Group:
More details required of provision for pedestrian
movements in and around the site.
Site Notices:
Expired 18/12/2009
Press advert:
Expired 18/12/2009
Other representations: Adjoining occupiers notified 25/11/2009
4 letters of support received, including Brymbo
Community Association, referring to the need for a
convenience store for the new dwellings, to provide
essential facilities for residents and assist community
integration and local businesses.
3 letters of comment received, raising concerns about
increased traffic levels on roads in Brymbo lacking
footways, in particular Coed y Felin Road, casing
danger to pedestrians and damage to vehicles.
Traffic calming measures requested.
1 letter of objection received, referring to the lack of a
retail assessment (now received).
SPECIAL CONSIDERATIONS/ ISSUES
Background: The reclamation of the former steelworks is a major project
some 10 years in the planning process. Outline planning permission was
originally granted for the reclamation works making provision for residential,
commercial and industrial development areas, a heritage area as well as
major landscaping works.
An integral part of the scheme was the formation of a new north-south spine
road providing improved access between the village of Brymbo and the
Brymbo Link at Tanyfron. The completion of the spine road at the earliest
opportunity is considered by all parties to be vital for the overall long-term
success of the reclamation and re-development scheme. Brymbo
Developments have constructed or are committed to approximately 80% of
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
the works necessary to form the spine road, however there remains a
substantial amount of work necessary to complete the road for which there is
currently no funding.
Members will recall a previous application for residential development on land
outside the settlement boundary, referred to as the Lagoon site. This
application was accepted as enabling development by this Committee in July
2006 subject to a Section 106 Agreement. The permission however was never
issued due to difficulties arising from the need to provide a high degree of
certainty that the spine road would be constructed (and subsequently
adopted) if the residential development was to be permitted. During this time
land values have fallen and consequently if the spine road is to be completed
in a reasonable timescale then other development i.e. the current retail
application would be required to supplement the necessary income. Together
these two applications if approved would ensure that income generated from
these developments is utilised to complete construction of the spine road. The
applicants have provided financial information to demonstrate how the
proceeds from the sale of the two sites in question will be used to fund the
cost of the spine road. This will be addressed in more detail later in my report.
The application for the Lagoon site is also up for consideration at your
meeting (P/2005/1486).
Policy: This is an outline application for the construction of an 18,000 ft2
(1700m2) supermarket together with six smaller retail units (1,000 ft2 ). This
will effectively form a new District centre for Brymbo. This proposal is within
settlement limits but outside of any District or Town Centre. UDP policies S4
and S6 are relevant. Policy S4 directs large scale retail development to
Wrexham Town Centre and to within District Shopping Centres. Policy S6 only
allows small scale shopping developments where the sales floor area of each
development does not exceed 300 sq m.
To address issues of shopping need and impact upon existing shopping
centres the application is accompanied by a Retail Assessment. The
assessment concludes that the proposed store will not undermine the vitality
or viability of any defined town centre or District centre but will provide a
quantitative and qualitative improvement in the local area’s retail offer,
addressing a gap in convenience retail provision. With regards to need and
the sequential test I am satisfied the assessment has identified a local retail
need for convenience retailing within the catchment of Brymbo and I do not
consider that this local need could be met by sites located within Wrexham
town centre or a district centre. Neither could this need be met on sites on the
edge of Wrexham town centre or the district centres.
With regards to the impact upon neighbouring district centres the assessment
indicates that there will be a degree of trade diversion away from District
centres within the catchment area (Coedpoeth , Gwersyllt and Wrexham Town
Centre). The assessment estimates a trade diversion of 3% from Gwersyllt,
virtually no impact on Coedpoeth and between 2-5% (dependant on retailer
occupying the proposed store) from Wrexham Town Centre. However the
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
study has not accounted for the cumulative impacts of trade diversion that
would arise from the Tesco permission in Cefn Mawr and the Morrisons
permission on Ruthin Road, Wrexham. It is unlikely however that this
omission will significantly distort these figures given the size of proposed store
and the distances involved.
I therefore consider that the proposals will meet a retail need and the
sequential test has been followed in terms of site selection. In support of the
proposal the applicant also refers to the emerging LDP which allocates the
site for convenience goods retail development. As the LDP is on Deposit and
in a relatively early stage of its preparation little weight can be given to it.
However it does nevertheless recognise the deficiency of shopping provision
within the local community and the intention to provide new convenience
goods shopping provision on this site. The proposed development will help to
provide a new focus for the village alongside the new school and employment
premises within the Masterplan development. The proposals would also
provide significant benefits to the social cohesion of the settlement as well as
the environment quality of the neighbourhood.
Enabling Development: Whilst the impact in retail terms is not considered to
be significant, and in many respects beneficial to the local community, the
proposal is nevertheless a departure from the Unitary Development Plan.
There are however cases like this which can be supported where wider
community benefits will be brought about, either directly of indirectly as a
result of the development. In these cases it is necessary to establish whether
sufficient weight can be attached to the wider community benefits to justify the
grant of planning permission.
As with the application for residential development on the Lagoon site, it will
be necessary to secure the conclusion of a S106 Agreement to ensure that
income generated from these developments is utilised to complete
construction of the spine road. A financial appraisal has been undertaken
which considers the construction costs of the spine road and the development
value of the two sites. As indicated earlier in my report, the intention is to
generate sufficient funds to cover this cost. Members will recall a previous
enablement case was put forward for the residential development (Lagoon
site) in 2006. Whilst the principle was supported by this Committee, the
Council and BDL failed to reach agreement on the Section 38 and Section
106 Agreements. The difficulties appear to have centred around the Council’s
need to provide a high degree of certainty that the spine road would be
constructed (and subsequently adopted) if the residential development was to
be permitted. This meant that BDL was required to construct the road, wait 12
months for defects to be rectified and have the road adopted before it was
allowed to develop the Lagoon site for housing. BDL on the other hand
wanted to be allowed to develop some or all of the housing in order to fund
the construction of the spine road. There also appears to have been
reluctance on the part of BDL to enter into a Section 38 bond which would
have provided the Council with the comfort of knowing that it could draw upon
the money to construct/complete the road if BDL had defaulted in any way.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Since that time land values have fallen significantly and the residential
development, alone, at current market value would not cover the cost of
completing the road, hence this application.
The principal obstacle to reaching agreement on the Section 106 and Section
38 Agreements could be removed if this Committee permits BDL to
commence development of the residential site in phases before releasing
funds to construct the spine road. Construction of the spine road would be
assured by completion of an agreement and bond pursuant to Section 38
Highways Act 1980. To date BDL has not been prepared to enter into a
Section 38 bond until such time as it realised the capital from the sale of the
residential land, which the Council was reluctant to allow as the ownership of
the development land and the spine road land would then be in separate
ownership and potentially create difficulties in enforcement and securing the
Council’s objective of construction of the spine road. The acceptance of a
bond is a significant move forward. The benefit for BDL is that it would have a
cash flow from the development to fund the road construction. The benefit for
the Council is that it would have the security of the bond to call upon to
complete the work if BDL defaulted. Basically the proceeds from the sale of
the two sites (Retail and Residential-Lagoon site) must be used to fund the
agreed cost of the spine road. However it should be noted that based upon
current land values there will be no surplus monies available.
Whilst the original intention in 2006 was to generate a surplus to
upgrade/improve the Heritage Area, the financial appraisal indicates that
based upon current land values the sale of these two sites only generate
sufficient funds to cover the cost of the spine road. However should market
conditions recover any surplus funds over and above the agreed costs of the
spine road will be used to invest in the long term viability of the Heritage Area.
This will be included as part of the Section 106 Agreement. Similarly, if land
values fall further, then any shortfall or deficit in the cost of constructing the
spine road will be funded by BDL. This brings into question the issue of
timescale as if this Committee require the completion of the spine road as a
priority and within a short time period then there will be no surplus remaining
for the Heritage Area. However if a longer timescale was to be agreed, then
land values may recover to the extent where monies may also be made
available to invest in the Heritage Area. Issues relating to timescales will need
to be agreed as part of the Section 106 Agreement. In addition a mechanism
is included for a reduction of the bond as the road is built.
It is clear that without the completion of the spine road the full community
benefits of the whole reclamation scheme will not be realised. The key
benefits would include removing traffic from The Lodge; allow much improved
access to Brymbo; and good access to the proposed industrial/commercial
developments; better links between Tanyfron and Brymbo village and
improved accessibility to the Heritage Area.
Failure to complete the spine road would have far-reaching and detrimental
impacts preventing the full implementation of a major 10 year reclamation
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
project. On balance, the spine road and the potentially enabling role of this
development outweigh existing planning policy. As such I am prepared to
consider both this and the Lagoon application as exceptional cases and
recommend that permission is granted, subject to an appropriate Legal
Agreement.
Design: This is an outline application with all matters reserved for further
approval. However an indicative layout has been provided which shows how
the supermarket and six small retail units relate to the wider context of the
area. Car parking is provided in a central position in front of the retail outlets
and sufficient space is available for landscaping. The proposed school site lies
to the south and the proposed medical centre and commercial units to the
north. I am satisfied that proposed uses can be successfully assimilated into
this area in design terms and all matters relating to the layout, elevational
treatment, access and parking, materials and landscaping can be effectively
dealt with at the reserved matters stage. A condition will be imposed to ensure
that a Design and Access Statement is required as part of the reserved
matters.
Highway safety: A transport assessment undertaken in 2005 in support of
planning application P/2005/0114 considered retail development at the site of
only 250 m². This application is for 1700m² and could potentially generate a
significant increase in traffic which may impact on the key junctions in the
vicinity of the site.
A 30% increase in residential development has been granted outline planning
permission on the Brymbo steelworks development since the original transport
assessments were undertaken.
It is therefore considered necessary that an updated and revised transport
assessment is submitted in lieu of all committed and proposed development
on the Steelworks site. Consideration must also be given to the provision of
public transport.
The occupation of this site cannot be undertaken until the Spine Road
connecting Brymbo village with Brymbo Link Road is completed to a standard
suitable for adoption by the Highway Authority. Any permission should
include a suitably worded condition to reflect this.
Although the application is in outline only and it is recognised that all matters
are reserved I think it is worth noting that the proposed site layout provides no
facility for the servicing of the 6 retail units and this will need consideration
prior to submitting a reserved matters application.
Ecology: No objection to proposal providing an updated ecological survey is
done to take account of the surrounding newt ponds and any other protected
species, to also submit a mitigation strategy and management proposals for
areas dedicated to nature conservation in perpetuity.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Conclusion: The current proposals offer the opportunity to bring forward
retail development which will facilitate the completion of the spine road as well
as meeting a local shopping need. Whilst the retail development is premature
in terms of the emerging LDP a retail need has been identified for
convenience goods shopping in this location. The key advantage with bringing
this site forward is to release funding for the spine road which is critical in
terms of the wider regeneration of this area. This site therefore in conjunction
with the residential development on the Lagoon site will act as enabling
development and for this reason I accept the benefits in completing the spine
road outweigh the normal planning policy requirements in this instance.
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and
Country Planning Act 1990 that secures:
d) The capital raised from the sale of the land being used exclusively to
fund the completion of the Spine Road linking Tanyfron and Brymbo.
e) Any outstanding capital be used exclusively to fund the development of
the Brymbo Hertiage Area.
f) That no development commences until the funding to complete the
Spine Road has been secured.
The Chief Planning Officer be given delegated authority to settle the final form
and content of the obligation.
RECOMMENDATION B
Upon completion of the obligation, planning permission be GRANTED subject
to the following conditions:
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local
Planning Authority before any part of the development is commenced:
a. the layout of the building(s)
b. the scale of the building(s)
c. the appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1
(above) shall be submitted in writing to the Local Planning Authority before the
expiry of three years from the date of this permission. The development shall
only be carried out in strict conformity with such details as are thereby
approved.
3.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission or two years from the date of
approval of the last of the reserved matters required to be approved,
whichever is the later.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
4.
No development shall take place until a transport assessment has been
submitted and approved by the Local Planning Authority.
5.
The development shall not be brought into use until the Brymbo Spine
Road connecting Brymbo village with the Brymbo link road is completed to a
standard suitable for adoption by the local highway authority.
6.
No part of the development hereby permitted shall be commenced until
full details of both hard and soft landscape works for the site have been
submitted to and approved in writing by the Local Planning Authority. The
works shall be implemented in accordance with a timescale to be approved in
conjunction with the scheme of details.
7.
All hard and soft landscape works shall be carried out in accordance
with the approved details as set out in Condition 4. The works shall be carried
out within 3 months of the first use of the development with the exception of
soft
landscaping which shall be carried out in the first planting season (November
to March) or seeding season (April to September) following the first use.
8.
Any trees or shrubs removed, dying, being severely damaged or
becoming seriously diseased within five years from the completion of the
scheme shall be replaced by trees or shrubs of similar size and species to
those originally required to be planted unless otherwise approved in writing by
the Local Planning Authority.
9.
No development shall commence until a scheme for the
comprehensive and integrated drainage of the site indicating provision for foul
water, surface water and land drainage has been submitted to and approved
in writing by the local planning authority. Prior to the submission of those
details, an assessment shall be carried out into the potential for disposing of
surface water by means of sustainable drainage systems (SuDS) in
accordance with the principles of sustainable drainage systems set out in
Technical Advice Note 15: Development and Flood Risk, and the results of the
assessment provided to the local planning authority. Where a SuDS scheme
is to be implemented, the submitted details shall:
(i) Provide information about the design storm period and intensity, the
method employed to delay and control the surface water discharged from the
site and the measures taken to prevent pollution of receiving ground water
and/or surface waters;
(ii) Specify the responsibilities of each party for the implementation of the
SuDS scheme, together with a timetable for that implementation; and,
(iii) Provide a management and maintenance plan for the lifetime of the
development which shall include the arrangements for adoption by any public
authority of statutory undertaker and any other arrangements to secure the
operation of the scheme throughout its lifetime.
The scheme as approved shall be implemented in accordance with a
timescscale to be agreed as part of the submitted details and maintained
thereafter.
10.
The site shall only be drained by means of a separate system of
drainage with no surface water being discharged to the foul drain/sewer.
11.
Prior to commencement of works, a plan to demonstrate that all
imported soils to be used at the site are suitable for use should be submitted
in writing for approval by the Council. The development shall not be
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
occupied/used until a Validation Report to show that the works have been
satisfactorily carried out has been submitted to and approved in writing by the
Local Planning Authority.
12.
Gas protection measures should be installed in all new properties. A
methodology of these works (including specification details, design plans and
installation details) shall be submitted in writing to the Council for approval
prior to any works commencing on site. During the installation works the
membrane should be inspected and validated by an independent and suitably
experienced third party and a written validation report submitted to the
Council. The development shall not be occupied/used until the Validation
Report to show that the works have been satisfactorily carried out has been
submitted to and approved in writing by the Local Planning Authority.
13.
A report detailing a scheme of mitigation measures for Great Crested
Newts and other amphibians within the site shall be submitted to and
approved by the Local planning Authority. Any mitigation measures required
shall be implemented in accordance with time scales to be agreed as part of
the measures before development commences on site.
14.
The total retail sales area of the proposed supermarket shall not
exceed 1700 square metres and no more than 25% of the net sales area shall
be used for the sale of comparison goods.
15.
As part of the reserved matters application a Design and Access
Statement shall be submitted for the approval of the Local Planning Authority.
16.
As part of the reserved matters all details for a single estate road
junction onto the proposed spine road shall be submitted to and approved by
the Local Planning Authority, including details for the provision and
maintenance of visibility splays commensurate to the speed of traffic along the
proposed spine road. Within the splays to be formed nothing shall be allowed
to grow or be placed to exceed a height of 1 metre above ground level of the
adjoining carriageway.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning
(General Development Procedure) Order, 1995 (as amended).
2.
To comply with Section 92 of the Town and Country Planning Act,
1990.
3.
To comply with Section 92 of the Town and Country Planning Act,
1990.
4.
In the interests of highway safety.
5.
To ensure satisfactory access to the site and to ensure that the
development integrates with the existing communities.
6.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
7.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
8.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
9.
To ensure satisfactory drainage of the site and to avoid flooding.
10.
To ensure satisfactory drainage of the site and to avoid flooding.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
11.
In the interests of the amenities of the future occupants of the buildings
12.
In the interests of the amenities of the future occupants of the buildings
13.
In order to protect wildlife interests, which are afforded special
protection.
14.
To ensure the store does not compromise the vitality, viability and
attractiveness of Wrexham Town Centre.
15.
To ensure that the development fully complies with the appropriate
policies and standards.
16.
In the interests of highway safety.
NOTE(S) TO APPLICANT
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4
and 5 on the enclosed "Applicants' Rights and General Information".
Please note the attached comments from Public Protection, Welsh Water, the
Environment Agency and the Countryside Council for Wales.
A) All ancillary operations and the use of plant and machinery, which are
audible at the boundary, shall be carried out only between 0730 hours to 1930
hours Monday to Friday, between 0800 hours and 1400 hours on Saturdays
and at no time on Sundays and Bank Holidays.
B) There shall be no fires on site; to include the prohibition of the burning of
cleared vegetation.
C) A dust management scheme shall be implemented on site to prevent dust
nuisance arising
D) Applicants should note that the Council has the option to control
construction site noise by means of a Control of Pollution Act 1974, Section
60, Notice, where deemed necessary.
This permission does not grant or imply approval of the layout/design details
accompanying the application which have been treated as being for illustrative
purposes.
Further advice on compliance with conditions 11 and 12 may be obtained by
contacting the Council's Environmental Protection section on 01978 813724.
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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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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 reasons:1. The development is a departure from the provisions of the adopted
Wrexham Unitary Development Plan in respect of the location and scale of
retail development and in the absence of an agreement to ensure the
Page No 34
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
development secures the funding necessary to complete the Brymbo Tanyfron Spine Road it will not be possible to deliver the community benefits
that will be derived from the granting of permission. As such the development
would be premature to the emerging Local Development Plan and does not
accord with policies S4 and S6 of the Wrexham Unitary Development Plan.
______________________________________________________________
Page No 35
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0362
COMMUNITY:
Abenbury
WARD:
Holt
LOCATION:
LAND AT TY GWYN FROG LANE
ABENBURY ROAD WREXHAM
LL13 0NT
DESCRIPTION:
OUTLINE APPLICATION FOR
ERECTION OF 4 NO. DETACHED
DWELLINGS WITH ALTERATIONS
TO ACCESS, ACCESS ROAD AND
ERECTION OF NEW GARAGE TO
SERVE TY GWYN
DATE RECEIVED:
29/04/2010
CASE OFFICER:
JGK
AGENT NAME:
LES STEPHAN
PLANNING LTD
APPLICANT(S) NAME:
MR W ROBINSON
______________________________________________________________
THE SITE
Land at Ty Gwyn, Frog Lane, Abenbury, Wrexham.
Frog Lane
Ty Gwyn
Plan 1: Application Site
Page No 36
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
PROPOSAL
Outline application for erection of 4 no detached dwellings with alterations to
access and access road and erection of new garage to serve Ty Gwyn (acess
and siting not reserved).
RELEVANT HISTORY
None.
DEVELOPMENT PLAN
Within the settlement limits of Wrexham Town as shown in the adopted
Wrexham Unitary Development Plan. The policies relevant to considering
these proposals are PS1, PS2, PS3, PS4, GDP1, EC4, EC6, H2 and T8.
Local Planning Guidance Notes 7 – Landscape and Development, 16 –
Parking Standards, 17 – Trees and Development, 21 – Space around
Dwellings, 27 – Developer Contribution to Schools and 30 - Design also refer.
Other relevant guidance is contained in Planning Policy Wales (June 2010),
TAN 5 - Nature Conservation and Planning (2009), TAN 11 – Noise, TAN 12 –
Design (2002), TAN 15 – Development and Flood Risk, TAN 18 - Transport
(2007) and TAN 22 – Planning for Sustainable Buildings (July 2010).
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Education:
Welsh Water:
Environment Agency:
Education:
Wrexham Access Group:
Site Notice:
Notified 29.04.10.
Notified 29.04.10.
Submitted plan acceptable. No objection in
principle subject to: approved layout being
implemented; submission of scheme for
widening of Frog Lane; provision of
schemes for lighting / passing places /
surface water drainage; and suitable
parking and turning facilities on site.
No objections subject to conditions to deal
with contamination issue resulting from
nearby former landfill site, control of
environmental impact of noise generated by
demolition / construction phase and the
submission of a Dust Management Plan.
Add Notes to Applicant.
There is sufficient capacity.
No objections to the proposal – private
drainage facilities to be used.
Notified 29.04.10.
No contribution required.
Notified 29.04.10.
Expired 22.05.10.
Page No 37
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Press Notice:
Other representations:
Expired 02.07.10.
1 letter received objecting as follows:
- Concerned regarding alterations to
access road – plan shows boundary of
access road close to nos 16/18 Fontwell
Close and suggests loss of hedge.
- This will substantially change the
character of the area - impacting on
privacy and security and increasing noise
and light pollution.
- Should be accessed off Millbrook Road.
SPECIAL CONSIDERATIONS/ ISSUES
Background: The application site consists of Frog Lane as the access road
to the property known as TY Gwyn and its surrounding garden. The
application is for outline planning permission with detailed approval of access
and layout. The proposal is for the erection of 2 five bed 2 storey dwellings, 2
four bed 3 storey dwellings, and alterations to site access and Frog Lane
together with the erection of a new garage for the existing dwelling – Ty
Gwyn.
Policy: There are no policy objections in principle to the proposal - the site is
inside the settlement limit of Wrexham Town as shown in the adopted
Wrexham Unitary Development Plan. It is therefore in accord with UDP
Policies PS1, PS3, PS4 and H2 which directs development to within existing
settlement limits, encourages the use of underused land while maintaining the
existing settlement pattern. The issues relating to this proposal are how it
complies or not with the more detailed considerations in relation to UDP
Policies PS2, GDP1, EC4, EC6, EC12 and T8 which promote good design,
safeguard amenity, enhance townscape/landscape, protect the natural
environment / flood risk and ensure that there is no adverse impact upon the
highway. There are also a number of Local Planning Guidance Notes, which
are also relevant. I comment upon the relative issues as follows:Highways: There are no objections to the principle of the redevelopment of
the site. Frog Lane is an unadopted road accessed from Abenbury Road.
The agent / applicant has had lengthy discussions with the council’s Highway
section. Visibility to Abenbury Road has already been improved satisfactorily.
The proposed improvements to the northern section of Frog Lane including
footways are to 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. The southern (unadopted) section of Frog Lane shall be
provided with a minimum of 2 no. passing places again to the satisfaction of
the Council. There will be no adverse impact to any trees / hedging. A
condition is attached for further details to be submitted to ensure that this is
the case. There is appropriate availability within the application site to provide
adequate parking for the proposed number of dwellings.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
The definitive line of public footpath no 10 runs through the middle of the site.
The submitted plan shows it around the southern boundary. It would appear
that at some point the owner of Ty Gwyn has made an unofficial diversion
which appears well used and has fenced off the link to Frog Lane. There is no
objection to the footpath being diverted but this would be subject to a 3 metre
width measured from the edge of the worn path and also a connection being
maintained with Frog Lane.
Conditions are attached to ensure the submission / approval / implementation
of:
- scheme for the widening of the northern end of Frog Lane;
- improvements to the southern section of frog lane including the
introduction of 2 passing places
- street lighting along Frog Lane;
- provision of adequate parking and turning facilities;
- surface water drainage for Frog Lane and
- secure the appropriate diversion of public footpath no 10 and appropriate
link to Frog Lane
Design and Layout: The design of the buildings will be finalised at the
reserved matters stage. The submitted plan detailing the layout of the
proposed development is acceptable and relates well to the site. There is
ample opportunity to provide for landscaping which can be secured by
condition.w
Amenity: I do not consider that the development of this site as proposed will
have an adverse impact upon any adjoining occupiers. Although there are a
number of trees and hedgerows along the access road (Frog Lane) as stated
above I do not consider there will be any loss resulting from the improvements
to the Lane as proposed. It is also important to consider the impact of noise
and dust caused from construction work relating to the improvements to Frog
Lane and the construction of the proposed buildings. I have attached a
condition to control construction noise through the permitted hours of
operation together with the submission of an appropriate dust management
scheme.
Trees: Following submission of inadequate information concerning existing
trees on site the agent/applicant submitted a Tree Survey and an
Arboricultural Impact Assessment. There will be some acceptable loss of poor
quality trees some loss of trees. No objections subject to adequate conditions.
Environmental Sustainability: The Design and Access statement confirms
that it is intended that the proposed development will be built in accord with
the Code for Sustainable Homes. I have attached conditions to ensure that
the each proposed new dwelling will be constructed to achieve a minimum
Code for Sustainable Homes Level 3 and achieve a minimum of 6 credits
under category ‘Ene1 - Dwelling Emission Rate’ in accordance with the
requirements of the Code for Sustainable Homes.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Contamination: Due to the potential for contamination issues as a result of
an historical landfill site (Abenbury Road) in this area it will be necessary to
ensure that any future planning consent is conditioned so as to ensure that
any potential contamination issues are adequately dealt with.
Conclusion: The site is within the settlement limits of Wrexham and I
consider that the granting of outline planning permission for the proposed
development is in accord with Wrexham Unitary Development Plan policies
and relevant Guidance Notes. I do not consider that the development of the
site, subject to the satisfactory compliance with the attached conditions and
appropriate consideration at detailed application stage, will have an adverse
impact upon local residents or the area in general.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local
Planning Authority before any part of the development is commenced:
a. the siting of the building(s)
b. the design of the building(s)
c. the external appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1
(above) shall be submitted in writing to the Local Planning Authority before the
expiry of three years from the date of this permission. The development shall
only be carried out in strict conformity with such details as are thereby
approved.
3.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission or two years from the date of
approval of the last of the reserved matters required to be approved,
whichever is the later.
4.
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.
5.
This permission shall operate only to allow development to be carried
out in accordance with the approved drawings and the application
documentation. Notwithstanding the provisions of the Town and Country
Planning (General Permitted Development) Order 1995, no further
development shall take place within the site (other than the painting of the
buildings).
6.
The vehicle parking and turning areas as indicated on the approved
highway plan (D A Sluce & Partners dated January 2010 - rev B) shall be laid
out, surfaced and drained prior to the first use of the building hereby granted
and shall thereafter be retained for those purposes.
7.
Prior to the commencement of development and notwithstanding the
submitted information, details of a scheme for the widening of the northern
Page No 40
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
end of Frog lane shall be submitted to and approved in writing by the Local
Planning Authority. The work as approved shall be completed prior to the first
use of the development hereby granted and shall thereafter be retained for
those purposes.
8.
Prior to the commencement of development a scheme for street
lighting along Frog Lane shall be submitted to and approved in writing by the
Local Planning Authority. The scheme as approved shall be completed prior
to the first use of the development hereby granted and shall thereafter be
retained for those purposes.
9.
Prior to the commencement of development details of a surface water
drainage system along Frog Lane shall be submitted to and approved by the
Local Planning Authority. for further approval (see note). The system as
approved shall be completed prior to the first use of the development hereby
granted and shall thereafter be retained for those purposes.
10.
Improvements to the existing southerly section of Frog Lane including
provision of two passing places shall be laid out in accordance with the
submitted layout plan (D A Sluce & Partners dated January 2010 - Rev B).
The work shall be completed prior to the first use of the development hereby
granted and shall thereafter be retained for those purposes.
11.
Prior to commencement of development a scheme to accommodate
the turning movements of a refuse wagon within the curtilage of the
development site shall be submitted to and approved in writing by the Local
Planning Authority. The scheme as approved shall be laid out, surfaced and
drained prior to the first use of the development hereby granted and shall
thereafter be retained for those purposes.
12.
Prior to the first occupation of any dwelling the legal diversion of Public
Footpath No 10 shall be achieved. Thereafter, the public footpath including a
physical link to Frog Lane shall be retained in a usable condition.
13.
Development shall not begin on site until a scheme to deal with
potential contamination at the site has been submitted to and approved in
writing by the Local Planning Authority. This scheme shall include a phased
investigation approach to identify the extent of contamination and any
measures required to remediate the site, including post-development
monitoring. Where remediation works are required, the development shall not
be occupied/used until a Validation Report to show that the works have been
satisfactorily carried out has been submitted to and approved in writing by the
Local Planning Authority.
14.
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. TGW/10/10/AIA;
*2) Tree Protection Plan ref no. TGW/TPP/10/10/01;
*3) Arboricultural Method Statement ref no. TGW/10/10/AIA.
No development or other operations shall take place except in strict
accordance with the reports as approved.
15.
No equipment, machinery, plant or machinery 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
Page No 41
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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 (CEZ) on the approved Tree
Protection Plan ref. TGW/TPP/10/10/01. 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.
16.
The tree protection fencing and ground protection measures approved
in connection with condition no. 15 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.
17.
Within three months of commencement of development, full details of a
hard and soft landscape scheme together with a five year Maintenance Plan
and timescale for implementation of works shall be submitted to and approved
in writing by the Local Planning Authority.
18.
The landscaping scheme submitted and approved in connection with
condition no. 17 shall be fully implemented in all respects within the agreed
timescale and in strict accordance with the approved scheme.
19.
No part of the development shall commence until full details of the
proposed passing places on the access track have been submitted to and
approved in writing by the Local Planning Authority. The details shall include a
block location plan, existing and proposed levels, a specification for hard
surfaces, and a method statement detailing the construction process and
details of trees and shrubs to be removed. The works shall be carried out in
strict accordance with the details as are approved.
20.
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.
21.
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
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
writing by the Local Planning Authority. The supervisory works shall be carried
out in strict accordance with the details as approved.
22.
No part of the development shall commence until details of
underground and overhead services have been submitted to and approved in
writing by the Local Planning Authority. The development shall be carried out
in strict accordance with the details as approved.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning
(General Development Procedure) Order, 1995 (as amended).
2.
To comply with Section 92 of the Town and Country Planning Act,
1990.
3.
To comply with Section 92 of the Town and Country Planning Act,
1990.
4.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
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 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.
To ensure the formation of a safe and satisfactory access road serving
the development site.
8.
In the interests of highway safety.
9.
In the interests of highway safety.
10.
To ensure the formation of a safe and satisfactory access road serving
the development site.
11.
In the interests of highway safety.
12.
To ensure that the public footpath is legally defined and available fore
use by the public.
13.
In the interests of the amenities of the future occupants of the buildings
14.
To protect trees which are of significant amenity value to the area.
15.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
16.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
17.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
18.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
19.
To ensure that hard surfacing does not cause harm to retained trees in
the interests of visual amenity.
20.
To ensure that hard surfacing does not cause harm to retained trees in
the interests of visual amenity.
21.
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 CHIEF PLANNING OFFICER – 6 December 2010
22.
To ensure that the works on the site properly take account of the future
health of the trees.
NOTE(S) TO APPLICANT
You are advised that the planning permission hereby granted does not
authorise any building over, diversion, connection or other interference with
any sewer, public or private, which crosses the site. You are advised to
contact Welsh Water, PO Box 10, Treharris, CF46 6XZ (Tel: 01443 331155) in
this regard, prior to undertaking any groundwork in connection with the
development. Should you be required to depart from the details hereby
approved, you should contact the Council's planning department to seek
further advice with regard to the submission of amended plans and / or a new
planning application.
As the proposal is to now pump foul water to the public sewerage system you
are advised to approach the sewerage undertaker with a view to it adopting
the pumping station. Regarding a connection to the public sewerage system
you are advised to contact Dwr Cymru welsh Water's Network Development
consultants on tel no 01443 331155.
The scheme of landscaping referred to in the above conditions shall inlcude
any changes to ground levels (shown by existing and proposed
contours/levels) and any existing vegetation (showing that to be retained) and
proposed planting. In addition, any of the following which apply to the
particular site must be included:means of enclosure, car parking layout, access and circulation areas,
materials for hard surfaced areas, any minor structures (e.g. refuse stores,
lamp columns, play equipment) location of services, and any historic
landscape features to be retained/improved.
Construction and ancillary works which includes the use of plant or machinery
audible at or beyond the site boundary shall only be carried out between the
hours of 07:30 and 18:00 (Monday to Friday) and 08:00 to 14:00 (Saturday)
and at no time on Sundays or Bank Holidays.
Adequate parking spaces shall be provided in accordance with LPGN 16 for
each of the proposed dwellings including Ty Gwyn itself.
The proposed improvements to the northern section of Frog Lane including
footways 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 Council when the
Highways Authority approve the proposed works to be carried out
Page No 44
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Details of any proposed modifications to existing street lighting or provision of
additional street lighting shall be submitted to our Street Lighting Section.
Please ask the applicant to liaise with Paul Fairclough (Streetscene Engineer)
on Tel: 01978 729730.
A formal easement agreement will need to be drawn up to enable the
Highway Authority to carry out any necessary maintenance on the proposed
surface water sewer along the southern section of Frog Lane. The developer
will also be required to obtain "Consent to Discharge" from the Environment
Agency into the River Clywedog from the proposed surface water sewer.
The southern (unadopted) section of Frog Lane shall be provided with a
minimum of 2 no. passing places. These passing places shall be a minimum
of 16m in length and a minimum carriageway width of 4.8m.
Public Footpath No.10 - Wrexham passes immediately to the south of the
development site. The definitive line of Footpath No 10 runs through the
middle of the site rather than around the southern boundary as shown on the
submitted documentation. At some point the owner of Ty Gwyn has made an
unofficial diversion to get the path out of the garden. A diversion is required to
move the definitive line. You are advised that Frog Lane has been a public
highway for a very long time and that footpath 10 has always linked into it.
The worn path is currently fenced off from Frog Lane.
You are advised that there is no objection to Footpath 10 being diverted onto
the worn path but this would be subject to a 3 metre width measured from the
edge of the worn path and also a connection being maintained with Frog
Lane. You are advised to liaise with the Council's Public Rights of Way
Section to discuss any proposed modifications to this footway. Please contact
Sean Hanratty on Tel: 01978 729761.
The applicant's attention should be drawn to item nos. 1, 2, 3, 4 & 5 of the
supplementary notes.
You are advised that the proposed waste treatment plant should comply with
British Standard Code of Practice for Design and Installation of Small Sewage
Treatment Works and Cesspools, BS6297:1983.
There shall be no fires on the site, to include the prohibition of the burning of
cleared vegetation.
Public Footpath No.10 - Wrexham passes immediately to the south of the
development site. The definitive line of Footpath No 10 runs through the
middle of the site rather than around the southern boundary as shown on the
submitted documentation. At some point the owner of Ty Gwyn has made an
unofficial diversion to get the path out of the garden. A diversion is required to
move the definitive line. You are advised that Frog Lane has been a public
highway for a very long time and that footpath 10 has always linked into it.
Page No 45
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
The worn path is currently fenced off from Frog Lane.
You are advised that there is no objection to Footpath 10 being diverted onto
the worn path but this would be subject to a 3 metre width measured from the
edge of the worn path and also a connection being maintained with Frog
Lane. You are advised to liaise with the Council's Public Rights of Way
Section to discuss any proposed modifications to this footway. Please contact
Sean Hanratty on Tel: 01978 729761.
The applicant's attention should be drawn to item nos. 1, 2, 3, 4 & 5 of the
supplementary notes.
You are advised that the proposed waste treatment plant should comply with
British Standard Code of Practice for Design and Installation of Small Sewage
Treatment Works and Cesspools, BS6297:1983.
There shall be no fires on the site, to include the prohibition of the burning of
cleared vegetation.
The scheme of arboricultural supervision required in connection with condition
no. 14 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.
______________________________________________________________
Page No 46
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0808
LOCATION:
1 MERLIN ROAD WREXHAM
LL12 8AE
DATE RECEIVED:
23/09/2010
COMMUNITY:
Acton
DESCRIPTION:
EXTENSIONS AND ALTERATIONS
CASE OFFICER:
PF
WARD:
Little Acton
APPLICANT(S) NAME:
MR R EVANS
AGENT NAME:
BLUE PRINT
______________________________________________________________
SITE
Garage to
be removed
Position of
extension
PROPOSAL
The proposal is to carry out alterations to the roof of the dwelling, raising the
ridge height by 0.7 metres to allow habitable space to be created. A 4.6 metre
wide extension is further proposed to the side of the dwelling with
accommodation in the roof space. The proposal will result in an extra
bedroom.
Page No 47
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
None.
DEVELOPMENT PLAN
Within settlement. Policies PS2, GDP1, LPG Notes 16 – Parking Standards
and 20 – House Extensions apply.
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
Consulted 23.09.2010
Notified 23.09.2010
7 neighbouring occupiers notified 27.09.2010. 1
letter of representation received raising the
following points:
 Construction of a four bedroom between two
bungalows
 Existing garage removal – will wooden panels
be replaced like the remaining boundary.
Expired 19.10.2010
SPECIAL CONSIDERATIONS
Design and Amenity: The dwelling is bounded on both sides by bungalows
of a similar height. The proposal will allow for habitable rooms to be formed in
the roof space and for this space to be carried through into the roof space of
the proposed side extension. The side extension is designed with a gable
facing the neighbouring dwelling with a small hip at the ridge and a dormer
window facing forward. Given the minimal increase in roof height and the
retention of the roof shape, I do not consider that the proposal will be to the
detriment of the streetscene.
Existing front elevation
Page No 48
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Proposed front elevation (do not compare scales)
The proposals will not result in a loss of privacy to the neighbouring occupiers.
The neighbouring dwelling, No. 20 Richmond Road has windows facing the
boundary adjacent to the proposed extension. I am mindful that the existing
garage is to be removed which will open up and allow daylight through to the
side elevation of this dwelling. The roof of the extension slopes down to
ground floor eaves level, which will allow light to spill across the roof to the
courtyard area of the neighbouring dwelling.
Other matters: The removal of the garage will leave the existing boundary
open without enclosure. Whilst no proposals have been submitted with the
planning application, this is a matter between the applicant and the neighbour
to resolve. The garage could be removed without planning permission which
would result in the same situation.
Parking provision, including the garage will result in two spaces where a
maximum of three are required. Given the proximity to Wrexham centre and
available bus routes I do not consider this relaxed standard will be to the
detriment of highway safety
Conclusion: The proposals result in a slight increase in ridge height of the
existing dwelling and given that the dwellings either side of the application site
are of different orientations I do not consider the proposal will appear
incongruous in the street scene. As such I recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission.
2.
No facing 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 a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
Page No 49
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the
Town and Country Planning Acts and under the Building Regulations is
resolved prior to commencement of development, by formal submission of
amended plans.
You are advised that building work which involves work on an existing wall
shared with another property, building on the boundary with a neighbouring
property or excavating near a neighbouring building may require the separate
consent of the neighbour under the provisions of the Party Wall Act. If you
require further information or advice please contact the Building Control
Section on 01978 292050.
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.
Page No 50
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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 51
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0830
COMMUNITY:
Rhosddu
WARD:
Garden Village
LOCATION:
CO-OP 175 CHESTER ROAD
GARDEN VILLAGE WREXHAM
LL12 8DW
DESCRIPTION:
CONSTRUCTION OF PRE
FABRICATED ALUMINIUM
CONTAINED AREA FOR USE AS
STORAGE (IN RETROSPECT)
APPLICANT(S) NAME:
COOPERATIVE RETAIL
DATE RECEIVED:
28/09/2010
CASE OFFICER:
LB1
AGENT NAME:
HALLIGANS
MAINTENANCE LTD
MR PAUL LLEWELLYN
______________________________________________________________
SITING
The rear of the Co-op in Garden Village.
Storage
building
PROPOSAL
Construction of pre fabricated aluminium contained area for use as storage (in
retrospect).
Page No 52
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
P/2001/0457
P/2001/0458
P/2001/0665
P/2001/0666
P/2001/1007
P/2008/0915
Installation of new ATM. Withdrawn
Display of projecting and illuminated ATM surround.
Withdrawn
Installation of new ATM. Granted 20/08/01
Display of projecting sign and illuminated ATM surround.
Granted 20/08/01
Installation of 1.0m diameter satellite antennae.
Granted 14/12/01
Display of shop fascia and projecting sign.
Granted 03/10/08
DEVELOPMENT PLAN
Lies within the settlement limit for Wrexham. Policies GDP1, PS2 apply.
CONSULTATIONS
Local Member:
Community Council:
Public Protection:
Other Representations:
Requests that application is considered by
committee
Express concern that the construction is
over a manhole restricting future access.
A planning condition should be imposed
stating no food should be stored in the
building,
No objections
Four letters received raising the following
points:
 No objection regarding building, however
access to the Bowling Green has been
in dispute and this may in time impact on
boundaries to neighbouring properties.
 Restricts the access to the Bowling Club
to 2.8 metres, the registered right of way
is 3 metres.
 The access is open to the general public
and there can be visitors from other
clubs and spectators at each match.
 It has been noticed that food has been
stored in the building
 It is built over a sewerage manhole
 Rainwater comes off the roof to run into
the Bowling Club grounds, leading to
flooding of the footway.
 Access for the emergency services to
the Bowling Club is restricted.
Page No 53
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010

Site Notice:
It is built beyond the existing building
line.
 The Co-op did not consult the Bowling
Club over this development and the
building was erected without the
knowledge of members.
 Rainwater comes off the roof into the
Bowls Club grounds leading to flooding.
 Structure encroaches onto a Public
Right of Way
Expired 26/10/10
SPECIAL CONSIDERATIONS
Background: The Co-op has constructed a small storage building out of
aluminium to the rear of the existing store. This is to provide sealed area for
storage of cardboard and paper to minimise the risk of fire. The building is
sited immediately behind the store adjacent to the access road which runs
behind the parade of shops. The access to Garden Village Bowling Green is
located at the end of this access road and the Bowling Club has a right of
access along this road to the bowling green.
Design and Amenity: The design of the building is acceptable for the
location and its proposed use. The application documentation states that it is
only required for the storage of paper and card rather than food; however this
does not affect the impact on the neighbouring properties. The Public
Protection Department will advise of any requirements under Health and
Safety Legislation with regard the storage of foodstuff. A note to applicant will
remind that they can be contacted if necessary.
The building does not adversely affect the amenity of any of the nearby
residential properties.
Right of Access: The issue of right of access to the Bowling Green is a civil
matter between the Bowling Club and all the shops who use/own the access
road. Any other extensions to the Co-op or any of the other shops would
require planning permission and the Bowling Club would be consulted at the
time of application and would be able to make any representations at that
stage.
Whilst the access road has been narrowed it has not been reduced by a
significant amount and still allows access to the Bowling Club for members
and visitors. Should the Bowling Club wish to pursue the reinstatement of the
full width of the access road/public right of way then this would be a private
matter which would not involve the planning department.
Other Considerations: The siting of a manhole beneath the building does
not affect the use of the building. The Co-op will have to allow access for
Welsh Water if required.
Page No 54
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Conclusion: The building does not adversely affect the amenity of the
neighbouring properties and the design is acceptable, I therefore recommend
accordingly.
830
RECOMMENDATION: That permission be GRANTED
NOTE(S) TO APPLICANT
You are advised that a public sewer crosses the site. You are advised that the
storage of food stuffs adjacent to this sewer may contravene Health and
Safety requirements. You should contact the Local Authority's Public
Protection Department on 01978 292040 for further information.
______________________________________________________________
Page No 55
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0856
COMMUNITY:
Ruabon
WARD:
Ruabon
LOCATION:
ROWLANDS CHEMIST NEW HIGH
STREET RUABON WREXHAM
LL14 6NH
DESCRIPTION:
INSTALLATION OF AIR
CONDITIONING UNIT, INCLUDING 1
NO EXTERNAL CONDENSER AND
PROTECTIVE CAGE
DATE RECEIVED:
11/10/2010
CASE OFFICER:
MP
AGENT NAME:
ANDREW DESIGN
SERVICE
APPLICANT(S) NAME:
L ROWLAND & CO (RETAIL) LTD
______________________________________________________________
SITING
As above.
Approximate location
of external condenser
unit
Approximate footprint
of medical centre and
pharmacy
PROPOSAL
As above. The only external alteration proposed by the application (and
therefore the only part which require planning permission is the siting of an
external condenser unit. The unit will measure 1.1m x 1.1m and is 0.6m deep
Page No 56
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
and will be attached to the rear elevation of the pharmacy building just above
ground level in a security cage. The condenser itself will be approximately 1m
from the boundary in between the site and residential properties in Henry
Street.
HISTORY
P/2004/1148
P/2008/0940
Demolition of existing surgery and construction of two
storey doctors surgery. Granted 7.3.2005.
Extension to pharmacy and minor amendments to
landscaping. Granted 6.10.2008
DEVELOPMENT PLAN
Within settlement. Policy GDP1 applies.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Access Group:
Other representations:
Notified 12.10.10
Expressed concern about noise issues for the
residential properties backing onto the site.
Made following initial comments:
Potential for noise nuisance to nearby
residential properties. Recommend noise
condition requiring levels not to exceed
5dB(A) above pre-existing background
levels at nearest noise sensitive
properties.
Following discussions with Case Officer, following
additional comments made:
Although the report suggests that the air
handling plant will not cause a problem to
the neighbouring properties - the actual
noise level experienced in the garden of
the closest property may be higher than
the theory predicts.
Recommend noise condition requiring
levels not to exceed 5dB(A) above preexisting background levels in the rear
garden of the nearest noise sensitive
properties;
Whether or not additional noise mitigation
will be required is difficult to tell. A
cautious approach is required.
Notified 12.10.10
1 letter of objection expressing following concerns:
noise;
health hazard due to being so close to
boundary;
Page No 57
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
-
Site Notice:
unable to use garden or open windows on
a nice day.
Why can’t it be placed on the front.
Expired 11.11.10
SPECIAL CONSIDERATIONS
Noise: The equipment will only be in use for whilst the pharmacy is open and
for one hour before normal opening hours. Current trading hours are 8:30am6pm weekdays, 8:30am-1pm Saturdays and closed on Sundays meaning
there is little risk of nearby residents experiencing noise disturbance from the
development during the night. However owing to the proximity of residential
properties, this type of equipment does have the potential to cause
disturbance when operating during the day.
Details submitted with the application suggest that noise generated by the
proposed equipment will be below background levels at the nearest residential
properties (the houses themselves as opposed to garden areas). On this
basis I am satisfied that it will not cause significant disturbance to nearby
residents whilst they are inside their houses nor should they experience
significant disturbance if windows are opened.
Based on the details submitted, it appears that noise levels may exceed the
levels recommended by public protection within the gardens of the properties
– although only in locations closest to the rear boundary. Nevertheless this
does mean that the equipment may have adversely impact upon the amenity
of nearby occupiers whilst using their gardens. Whilst there is timber fencing
along the boundary, I doubt it has been designed with acoustic mitigation in
mind so it is difficult to determine how effective it will be at reducing noise
levels within the adjacent gardens. To ensure that noise levels accord with
the levels recommended by Public Protection, I believe it is necessary for the
applicant to incorporate some form of noise mitigation into the scheme. This
will be required by condition.
Appearance: The condenser unit will be discreetly located and will not have a
significant impact upon the appearance of the building or wider locality, which
it would do if it were located at the front as suggested by the objector. Whilst
I appreciate that it will be close to nearby residential properties, its limited size
and the fact that views of it from those properties will be largely obscured by
existing boundary fences (typically 1.7-1.8m high). As such it will not prove
harmful to the visual amenities of nearby occupiers.
Other issues: The objection letter received expresses concerns about the
development being a potential health hazard. It is unclear why kind of hazard
the objector is concerned about because this is not specified in any detail in
the letter. There will be no fumes or gases emitted from the condenser unit so
it is very unlikely to an impact upon health and provided the equipment is
maintained properly there should be no significant risk to nearby occupiers.
Page No 58
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Conclusions: Subject to conditions setting maximum noise levels and
requiring appropriate noise mitigation, I am satisfied that the development
accords with policy GDP1.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission.
2.
The rating level of any noise generated by air handling plant associated
with this development shall not exceed the pre-existing background level by
more than 5dB(A) at any time. The noise levels shall be determined in the rear
garden of the nearest noise sensitive premises. Measurements and
assessment shall be made in accordance with BS4142:1997 Method of Rating
Industrial Noise Affecting Mixed Residential and Industrial areas.
3.
The condenser unit shall not be installed/erected until a scheme of
noise mitigation has been submitted to and approved in writing by the Local
Planning Authority. The measures as approved shall be installed prior to the
first use of the condenser unit and thereafter permanently retained.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To protect the amenities of the occupiers of nearby properties.
3.
To protect the amenities of the occupiers of nearby properties.
______________________________________________________________
Page No 59
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0866
COMMUNITY:
Coedpoeth
WARD:
Coedpoeth
LOCATION:
ROYAL OAK INN HIGH STREET
COEDPOETH WREXHAM
LL11 3RY
DESCRIPTION:
ERECTION OF FENCE (HEIGHT
1.80) (IN RETROSPECT)
APPLICANT(S) NAME:
MR ZIYA HUYUK
DATE RECEIVED:
14/10/2010
CASE OFFICER:
LB1
AGENT NAME:
MR ZIYA HUYUK
______________________________________________________________
SITING
To the side of the Royal Oak on High Street, Coedpoeth.
Location
of fence
PROPOSAL
Erection of fence (1.8m high) (In retrospect).
Page No 60
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
P/2009/0919 Change of fence height from 1.2m to 1.8m (In retrospect)
Refused 14/12/09 and appeal dismissed
P/2010/0245 Erection of illuminated sign (In retrospect). Granted 07/06/10
DEVELOPMENT PLAN
Lies within settlement limit, Policies GDP1, PS2 apply.
CONSULTATIONS
Local Members:
Community Council:
Highways:
Other representations:
Consulted 15/10/10
Deplores the retrospective aspect of this
application and makes the following
comments:
 The fence is above the regulation height
for its proximity to the road and this
height is obstructing the view of traffic
coming into the car park and causing a
danger to members of the public,
particularly children.
 The applicant has put up the fence with
a blatant disregard for the needs of the
residents who have waited a long time
for this fence to be reduced in height.
 The applicant should apply for planning
permission prior to the erection of a
fence, not in retrospect.
Consulted 15/10/10
Neighbouring properties consulted 20/10/10
SPECIAL CONSIDERATIONS
Background: The property is the Royal Oak Inn, which has been converted
into a takeaway business. This change of use did not require planning
permission. A metal fence, 1.8 metres high was erected at the site and a
retrospective application for its retention was refused and the appeal
dismissed. Whilst the Inspector did not consider the height of the fence to be
harmful in itself, the combination of design, materials and height were
considered to be unsympathetic and inconsistent with the character of the
immediate area. The metal panels gave an industrial appearance which was
unsympathetic to the character of the immediate area.
Subsequently the applicant has replaced the metal fence with a wooden one,
again measuring 1.8 metres in height. Prior to the applicants taking
ownership of the site there was a low 1 metre fence along the boundary. The
applicants have stated that they require a fence of 1.8 metres in height to
Page No 61
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
protect the yard area to the rear of the Royal Oak. Members should note that
a fence of 1 metre would not require permission.
The wooden fence represents a significant improvement and does not
adversely affect the character of the street scene and compliments the
adjacent stone buildings. The new fence has a softer appearance than the
previous metal fence and whilst of the same height as the previous one does
not create an incongruous feature on the street.
Amenity: The design and material of the fence is appropriate for the location
and its dark colour is appropriate in the general street scene. The height of
the fence is not excessive and does not adversely affect the amenity of the
nearby properties.
Highway Safety: The site lies at the entrance to the public car park in
Coedpoeth with the fence forming one of the boundaries of the entrance road;
opposite the fence a stone building forms the other boundary.
The height of the fence does not adversely affect highway safety. The
entrance to the car park is one way and due to the dimensions of the road the
speed of traffic is low. The fence does not block any visibility splay or
otherwise impede traffic movement.
Other Considerations: There is provision under planning legislation to make
retrospective applications, and the Planning Department can deal with such
applications as appropriate.
Conclusion: The fence does not have an adverse impact on amenity or
highway safety and I therefore recommend accordingly.
2010 /0866
RECOMMENDATION: That permission be GRANTED
______________________________________________________________
Page No 62
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0867
COMMUNITY:
Overton
WARD:
Overton
LOCATION:
HILLCREST LIGHTWOOD GREEN
OVERTON ON DEE WREXHAM
LL13 0HT
DATE RECEIVED:
14/10/2010
DESCRIPTION:
SINGLE STOREY REAR EXTENSION
APPLICANT(S) NAME:
MR PETER LYNCH
CASE OFFICER:
PF
AGENT NAME:
MR CHRIS WILSON
______________________________________________________________
SITE
SITE
PROPOSED
EXTENSION
PROPOSAL
The proposal is to erect an 8.5 metre by 6.2 metre single storey extension to
the rear of the existing bungalow in order to create a five bedroom dwelling.
HISTORY
P/2003/0585 Extension and erection of double garage.
WITHDRAWN 06.09.2006
Page No 63
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
DEVELOPMENT PLAN
Site is outside settlement limit within Special Landscape Area. Policies PS2,
GDP1, T8, EC5, LPG Notes 13 – Housing in the Countryside, 16 – Parking
Standards and 20 – House Extensions apply
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
No objections
Notified 15.10.2010
2 neighbouring occupiers notified. 1 letter received
raining the following points:
 Foul drain for Eastgate and Casita runs across
the application site and it is hoped this will not
be interfered with.
Expired 10.11.2010
SPECIAL CONSIDERATIONS
Policy: LPG Note 13 normally requires that extensions to dwellings in the
open countryside should not result in a floor area increase of more than one
third. This proposal results in an increase of 46%, however, I am satisfied that
the position of the extension to the rear and standard of design will not result
in detriment to the appearance of the building or surrounding special
landscape area.
Design and Amenity: The proposed extension is located to the southern
rear corner of the dwelling with a matching roof shape to the existing dwelling.
All facing materials proposed are to match those of the existing dwelling.
Whilst the proposed extension would be located within close proximity to the
boundary with the neighbouring dwelling, the footprint of the neighbouring
dwelling is located some 20 metres from proposal. I therefore consider that
the proposed extension would not result in a loss of privacy or daylight to
these occupiers.
Other matters: The issue of the interference with the drainage system
serving the neighbouring dwellings is a private matter between individuals and
is not a matter for the planning application. The building over, or within close
proximity to of a drain will be a matter for the Building Regulations application.
Conclusion: The proposal would result in an extension to the rear of the
dwelling of a design and size that would not have a detrimental impact upon
the amenity of the neighbouring occupiers, the character of the dwelling or the
wider Special Landscape Area. As such I recommend accordingly.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission.
2.
No facing materials shall be used other than materials matching those
used on the existing building.
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.
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the
Town and Country Planning Acts and under the Building Regulations is
resolved prior to commencement of development, by formal submission of
amended plans.
You are advised that building work which involves work on an existing wall
shared with another property, building on the boundary with a neighbouring
property or excavating near a neighbouring building may require the separate
consent of the neighbour under the provisions of the Party Wall Act. If you
require further information or advice please contact the Building Control
Section on 01978 292050.
______________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0871
COMMUNITY:
Gwersyllt
WARD:
Gwersyllt East & South
LOCATION:
LAND AT THE QUEENS HEAD
GLANLLYN ROAD BRADLEY
WREXHAM
LL11 4BD
DESCRIPTION:
OUTLINE APPLICATION FOR
RESIDENTIAL DEVELOPMENT
DATE RECEIVED:
18/10/2010
CASE OFFICER:
MP
AGENT NAME:
WCE PROPERTIES LTD
APPLICANT(S) NAME:
WCE PROPERTIES LTD
______________________________________________________________
SITING
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
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
PROPOSAL
Outline permission is sought to redevelop the site for housing. All matters a
reserved for subsequent approval. An indicative layout plan has been
submitted showing a development of 18 dwellings.
HISTORY
P/2010/0266
Outline application for residential development.
Withdrawn 4.5.2010.
DEVELOPMENT PLAN
Within settlement. Policies PS2, GDP1, GDP2, H2, S9 and T8 apply.
CONSULTATIONS
Community Council:
Councillor E C George:
Councillor D J Griffiths:
Highways:
No objections.
Requests application be reports to Planning
Committee. Concerns expressed about
additional traffic and impact on the local
area.
Notified 18.10.10
Make the following comments:
- Visibility at access onto Glanllyn Road
acceptable.
- Proposed access ‘flyover’ dwelling must
be a minimum of 5.5m wide to ensure
adequate passage of two vehicles;
- No objection to 10 dwellings served off
unadopted access provided a
management company is set up to
maintain it in perpetuity;
- Park Wall Road is unclassified, no
requirement for dwellings served off it to
have turning areas;
- Visibility onto Park Wall Road may be
obstructed by some low lying tree
branches. It is important that visibility
can be established and them maintained
in perpetuity;
- Shortfall of 1 parking space per 3 bed
dwelling on maximum parking standards.
Concerned that this may lead to onstreet parking along Park Wall Road in
the vicinity of Chestnut Road.
- As this is an outline application with all
matters reserved, this can be addressed
at a later stage;
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Public Protection:
Education:
Welsh Water:
Access Group:
Other representations:
No objection in principle subject to
conditions.
Recommend measures to limit impact of
development works and application to be
advised of potential for contamination from
previous land use and if made
ground/contaminated be identified it would
be prudent to investigate the site for
contamination and to inform the
Contaminated Land Officer.
Contributions required for secondary school
provision.
Recommend drainage conditions.
Notified 18.10.10
3 letters received supportive of the
development but making following
comments:
- site currently untidy and attracting
vandalism. Supportive of
redevelopment;
- site could be attractive if mature trees on
site are sympathetically incorporated
- a children’s play area mentioned in
supporting documents does not exist;
- Consider asking for a contribution
towards refurbishment of play area at
The Waens;
- support application as site looks a mess
and has attracted itinerants staying
overnight;
- concerns about additional traffic,
provision of off-road parking and visibility
from existing driveway;
- do not want to be overlooked.
1 letter objecting for the following reasons:
- access concerns;
- site is between to busy village roads
used as a short-cut between Mold Road
through to the Llay Road onto the
Wrexham by-pass;
- proposed access is between road traffic
calming areas with cars parked all along
the road from houses opposite entrance.
To add to this congested area at least
another thirty or more car will cause
further chaos;
- cars parked on the Queen’s Head car
park at present (employees) from the
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Site Notice:
Lindop Garage will just to make the
situation worse.
Expired 11.11.10
SPECIAL CONSIDERATIONS
Policy: Policy S9 seeks to protect local facilities such as public houses and
states that developments that entail their loss will only be permitted where:
a) the use is no longer viable and all reasonable attempts to sell or let the
business over a 12 month period have proved unsuccessful or;
b) the building is in a derelict or unsightly condition and the proposal would
bring about substantial environmental improvements; and
c) the loss of the facility would not prove detrimental to the social and
economic fabric of its locality.
Taking each of these in turn:
a) Viability/marketing
I understand the public house ceased trading in July 2009 and was placed on
the market shortly afterwards. It was purchased by the applicants in February
2010. Following the withdrawal of the previous application, the site was
placed on the market again in May 2010. The marketing exercise was ongoing when this application was submitted (18 October 2010) thus meaning
the property had been marketed for a total of 12 months between July 2009
and October 2010. No offers have been received from parties interested in
retaining a public house.
In addition to attempts to sell the site as a public house, details submitted with
the application suggest that income from the public house declined from 2005
to the extent that it was no longer a profitable businesses.
I believe the details submitted with the application demonstrate that the
business is no longer viable and that adequate attempts have been made to
sell the business.
b) Unsightly appearance
This section of the policy can apply instead of a) but not as well as. Because
part a) has been satisfied it is not necessary to consider the merits of the
proposals in light of this part of the policy.
c) Social/economic impact
Whilst comments have been made by a Local Member, and some nearby
residents on specific issues such as traffic, overlooking etc which will be
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
discussed in more detail below, no objections to the loss of the public house
itself have been received. On the basis of there being no strong opposition in
principle to the redevelopment of the site it is reasonable to conclude that the
local community do not consider the public house and important feature of the
social/economic fabric of the locality and therefore its loss is not harmful.
Because S9 has been satisfied, the site lies within a settlement limit and is not
allocated for any specific use in the Unitary Development Plan, in accordance
with policy H2 there is no objection in principle to residential development.
Design and layout: The illustrative plan show 18 dwellings (comprising 8no.
3 bed properties and 10 no. 2 bed properties) facing outwards from the site
onto Glanllyn Road and Parkwall Road and overlooking areas of open space.
Parking would be provided either via a shared courtyard located in the centre
of the site and to the rear of some units, or via provide driveways alongside
dwellings. This from of development is broadly acceptable however a
development of18 dwellings is too dense and will lead to the site appearing
cramped to the detriment of its appearance and that of the wider locality.
Nevertheless this issue can be addressed and that the site can be developed
to an appropriate standard.
Amenity: The site can be developed in such a way that does not
unacceptably compromise the standards of amenity afforded to occupiers of
existing properties whilst also providing appropriate standards of amenity to
occupiers of the site.
Public open space: The indicative plans demonstrate that it will be possible
to provide adequate areas of informal open space as part of the development.
The exact amount and location will be finalised at reserved matters stage.
Trees: There are a number of trees around the edges of the site that
contribute towards the appearance of the site. The indicative layout of the site
suggests that the majority of the trees could be retained although it seems
likely that a limited number of trees may need to be removed. The provision
of open space offers the opportunity for new tree/hedge planting to take place,
not only to compensate for the loss of any trees that are removed but also to
contribute to the appearance of the development and enhance the
appearance of the area.
Highways: The illustrative plans confirm that it will be possible to provide offstreet parking for the development – either in the form of individual driveways
or communal parking areas. Highways have noted that the 3 bed properties
are only provided with 2 spaces – 1 less than the maximum standard allowed
by LPG16. The final number and size of dwellings will be determined at
reserved matters stage as will the number of parking spaces provided for
each. I am satisfied that there is sufficient space within the site to provide
adequate off-street parking for each dwelling and it is therefore unlikely that
the development will give rise to or exacerbate any parking issues in the area,
particularly as the area is also well served by public transport. Buses to
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Wrexham, Gwersyllt and Llay pass along Park Wall Road every 15 minutes
during the day providing so future occupiers need not be dependant on a car
to access retail, leisure or employment.
Highways have noted that visibility onto Park Wall Road could be obstructed
by some existing trees, however the final position of the accesses will be
determined at reserved matters stage. I am satisfied this can be addressed at
reserved matters stage through limited works to the trees and/or adjusting the
position of accesses to maximise visibility.
The existing footpath around the site is a 1.6m footpath along the site
frontages onto Glan Llyn and Park Wall roads. To improve provision for
pedestrians both in accessing the site but also the wider area, this should be
widened to 2 metres. This can be easily accommodated without
compromising the development of the site.
I note concern has been expressed about the development displacing cars
that are parked in the public house car park. As far as I am aware the people
who currently use the car park do not have no established right park there but
do so at the discretion of the site owners. The owners could prevent people
using the car park by blocking of the access irrespective of whether the site is
developed or not.
Code for sustainable homes: A pre-assessment has been submitted with
the development predicting that the development will achieve Level 3 and 6
credits under the issue Ene1 dwelling emission rate thus complying with the
requirements set out in Planning Policy Wales (Edition 3 July 2010).
Contribution to schools: Contributions towards secondary education
required. The granting of permission therefore needs to be subject to the prior
completion of a section 106 agreement.
Conclusion: Whilst I have some concern about the illustrative design I am
nevertheless satisfied that it can be addressed at reserved matters stage and
that residential development of the site accords with UDP policies.
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and
Country Planning Act 1990 requiring:a) A financial contribution towards the provision of secondary education.
The Chief Planning Officer be given delegated authority to settle the final form
and content of the obligation.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
RECOMMENDATION B
Upon completion of the obligation, planning permission be GRANTED subject
to the following conditions:
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local
Planning Authority before any part of the development is commenced:
a. the layout of the building(s)
b. the scale of the building(s)
c. the appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1
(above) shall be submitted in writing to the Local Planning Authority before the
expiry of three years from the date of this permission. The development shall
only be carried out in strict conformity with such details as are thereby
approved.
3.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission or two years from the date of
approval of the last of the reserved matters required to be approved,
whichever is the later.
4.
Notwithstanding the indicative site plan no. 10/03/02 and the number of
dwellings referred to in the Design and Access Statement and application
forms this permission does not confer approval of the siting, layout or
landscaping for any part of the site nor does it confer approval for a specific
number of dwellings.
5.
Prior to first use of the development hereby approved any vehicular
access shall provide visibility splays of 2.4 metres x 33 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.
6.
The details required by condition 01 shall include the provision for the
widening of the existing footpaths along the site frontages to 2.0 metres in
width. The widened footways shall be completed to Highways adoptable
standards to prior to the first occupation of any dwelling as may be built under
this permission.
7.
The details required by condition 01 shall include the provision vehicle
parking and turning facilities. The parking and turning areas as approved
shall be laid out, surfaced and drained prior to the first occupation of any
dwelling built under this permission and shall thereafter be retained for those
purposes free of all obstructions.
8.
Each new dwelling hereby permitted shall be constructed to achieve a
minimum Code for Sustainable Homes Level 3 and achieve a minimum of 6
credits under category 'Ene 1 - Dwelling Emission Rate' in accordance with
Page No 72
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
the requirements of the Code for Sustainable Homes: Technical Guide April
2009. The development shall be carried out entirely in accordance with the
approved assessment and certification.
9.
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 6 credits under 'Ene 1 - 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 April 2009.
10.
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 6 credits under 'Ene 1 - Dwelling Emission Rate',
has been achieved for that dwelling in accordance with the requirements of
the Code for Sustainable Homes: Technical Guide April 2009.
11.
Prior to the commencement of any demolition works on site, the
following details shall be submitted for the further approval of the local
planning authority:
i. an audit of all existing building materials
ii. the potential re-use and recycling of those materials for incorporating into
an agreed, replacement site development, and
iii. where relevant, the recipient of remaining building materials.
The approved audit shall form part of the building contract agreed for new
building development for the site, a copy of which shall be submitted for
record purposes for the local planning authority.
12.
The site layout and landscaping details required by condition 01 shall
include an area or areas of public open space together with a scheme that
includes the following details:
i)
hard and soft landscaping of the open space area(s);
ii)
the timing of the construction and landscaping of the open space
area(s);
iii)
the arrangements for the long term management and maintenance of
the public open space area(s)
Public open space shall be provided on site and maintained in accordance
with the scheme as approved and thereafter permanently retained.
13.
A detailed Arboricultural Method Statement shall be submitted in
conjunction with the details required by condition 01. 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 CHIEF PLANNING OFFICER – 6 December 2010
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.
Development shall take place in strict accordance with Method Statement.
14.
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.
15.
Foul and surface water discharges shall be drained seperately from the
site.
16.
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.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning
(General Development Procedure) Order, 1995 (as amended).
2.
To comply with Section 92 of the Town and Country Planning Act,
1990.
3.
To comply with Section 92 of the Town and Country Planning Act,
1990.
4.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
5.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
6.
In the interests of pedestrian safety.
7.
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.
8.
To comply with the requirements for sustainable buildings published by
the Welsh Assembly Government.
9.
To comply with the requirements for sustainable buildings published by
the Welsh Assembly Government.
10.
To comply with the requirements for sustainable buildings published by
the Welsh Assembly Government.
11.
To ensure that the development involves a sustainable approach.
12.
In the interests of the visual amenities of the area and the amenities of
future occupiers of the development.
13.
To ensure the amenity afforded by the trees is continued into the
future.
14.
To protect the amenities of the occupiers of nearby properties.
15.
To protect the integrity of the public sewerage system.
16.
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.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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.
NOTE(S) TO APPLICANT
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.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4
and 5 on the enclosed "Applicants' Rights and General Information".
Dust mitigation measures should be implemented for the duration of the
construction phase.
There shall be no fires on site; to include the prohibition of the burning of
cleared vegetation.
Due to the potential for contamination issues as a result of historical use of the
land covering the site and surrounding area, should any made ground and/or
contaminated be identified during the works it would be prudent to investigate
the potential for such contamination and inform the Councils Contaminated
Land Officer immediately. Should you require any advice on this issue please
contact the Council's Environmental Protection section on 813722.
______________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0879
COMMUNITY:
Ruabon
WARD:
Penycae & Ruabon
South
LOCATION:
GRENVILLE TERRACE STATION
ROAD RUABON WREXHAM
LL14 6DL
DESCRIPTION:
APPLICATION FOR APPROVAL OF
DETAILS OF PRIOR NOTIFICATION
OF PROPOSAL TO DEMOLISH 1-4
GRENVILLE TERRACE
DATE RECEIVED:
20/10/2010
CASE OFFICER:
SJG
AGENT NAME:
CARTER JONAS
CHARLENE SUISSUMS
APPLICANT(S) NAME:
SIR WATKIN WILLIAMS-WYNN C/O
CARTER JONAS
______________________________________________________________
THE SITE
The site is on the north side of the B5605, with access via Station Road.
PROPOSAL
As above.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
The applicants have provided details of the demolition as required by part 31A
of the Town and Country Planning (General Permitted Development) Order
1995 (GPDO) as follows:
The works are to be carried out by a team of professional builders using
associated machinery. Demolition works will take place between the hours of
9am to 5pm Monday to Friday and the process will take 1 week.
The roof will be dismantled using piecemeal demolition by 4 men over 1 day.
The slate from the roof will be salvaged. A Hydraulic excavator will be used to
collapse inward the remaining structure to allow for the demolition of the
building.
All plant and equipment, including any on hire, will be checked to ensure it is
in good working order and conforms to the manufacturers' standards.
Equipment will be properly silenced and meet statutory emission standards.
In order to reduce dust pollution, the dampening down of the area will be
carried out if windy conditions pose a risk of dust blowing off the site.
Stockpiles of all potentially dusty materials shall be damped down or covered
to prevent emissions of dust from the site. Skips and removal vehicles
carrying loads shall be properly covered when leaving the site. Materials
should be handled in ways that minimise dust
The contractor shall ensure that the area around the site, including the public
highway, is regularly and adequately swept to prevent any accumulation of
dust and dirt. The use of wheel cleaning facilities and road sweeping
equipment may be required.
Security fencing to be erected around the site boundary. All stone and bricks
will be salvaged. Boundary walls will be retained.
The proposed restoration of the site includes allowing for the removal of
hardcore and associated building materials from the demolition of the terrace,
which would leave the site with natural vegetation only.
No mature trees shall be interfered with without written consent and prior
consultation with the Council's Planning Services. It is not considered that the
proposal will affect any protected species on the site as it is not an area that
would attract great crested newts and no other protected species would be
found present in the dwellings, particularly in light that bats are currently in
their hibernation phase.
Proposed Date of Demolition
The date for the demolition of the Buildings was originally proposed for
18/11/2010. The Buildings are not complaint with the Housing Health and
Safety Rating System 2004 and are hence to be immediately demolished on
this date.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
RELEVANT HISTORY
P/2007/0549 Demolition of Grenville Terrace, erection of 3 No two-storey and
1 No two and a half storey apartment blocks comprising 18 two
bedroomed and 6 one bedroomed apartments, construction of
new vehicular and pedestrian access and associated external
works. Withdrawn 28/2/2008
P/2007/1206 Demolition of Grenville terrace and erection of 3 no. two and a
half storey apartment blocks comprising of 22 no. 2 bedroom
apartments and 1 no. 1 bedroom apartment with new vehicular
access and associated external works.
Refused 15/2/2008
P/2010/0363 Outline application for demolition of existing terrace and
redevelopment of site for residential development. Current
application
DEVELOPMENT PLAN
The site lies within the settlement limits and outside the existing Conservation
area (shown shaded on plan). Policy GDP1 of UDP is relevant, together with
Welsh Office Circular 35/95.
CONSULTATIONS
Ruabon C Council:
Ruabon Community Council is totally opposed to
the demolition of these dwellings on the grounds
that they represent an important element of the
proposed conservation area extension.
Whilst the Council accepts that this is not a
planning application or a Conservation Area
Consent application the Council would like the
proposed demolition stopped. Question whether
the buildings can be spot listed or served with a
Building Preservation Notice. Also refer to the
need for a protected species survey been
undertaken to establish whether the bats that are
reported in the area are roosting in the dwellings.
Local Member:
Consulted 20/10/2010
Adjoining Local member: Cllr B Price is totally opposed to the demolition:
a. The gateway vista on entering the village will
be diminished and even more of the heritage of
the Wynnstay estate buildings will be lost
b. Informed that bats are present in the building.
As they are a protected species, a survey is
required in the Spring
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Highways
Public protection:
Site Notice:
Other representations:
c. If the terrace is demolished, this area of land
will be an eyesore for an indeterminate period
of time.
Consulted 8/11/2010
No objections
Displayed by applicant dated 19/10/2010
6 objections received, on grounds of:
Demolition will create noise, dust and disruption to
the adjoining properties.
Plans to extend the Conservation Area are referred
to. The area should be re-appraised before any
demolition is permitted. Demolition will harm the
character of the area.
The dwellings should be retained as part of the
historic village, adding to the heritage value of the
area. They are seen by visitors by car and train.
They were occupied until recently and should be
renovated.
SPECIAL CONSIDERATIONS/ ISSUES
Consultation is currently underway for the extension of the Ruabon
Conservation Area to include the properties comprising Grenville Terrace, the
associated boundary walls and stone walls that adjoin the highway on the
route into the centre of the village. The buildings are recognised as having
some historical and architectural merit.
Circular 31/95 advises that the notification procedure gives local planning
authorities the means of regulating the details of demolition in order to
minimise its impact on local amenity. It should be noted that this application
would be unnecessary if there were a planning permission for redevelopment
of the site, or for one of the exemptions allowed by the Circular applied,
including demolition urgently necessary in the interests of health or safety.
The applicant’s agent has been advised that work may not proceed until such
time as approval of the details of demolition has been granted, and that if
demolition takes place without such approval, it would constitute unauthorised
development.
There is no power to object to the demolition as a matter of principle under
part 31 of the GPDO.
The applicant has supplied details of the proposed demolition as set out
above. The retention of the boundary walls, including the high wall to the
north, will ensure that the impact on adjoining dwellings is minimised.
With regard to protected species, it is not impossible that bats could be
present in this building. The loft must be checked prior to demolition and the
applicant should be reminded that if bats or evidence of bats is found in the
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
roof during the removal of the slates that work must stop and CCW should be
contacted for further advice. This advice has been forwarded to the
applicants, and accepted by their agent.
The details of the demolition are considered acceptable and should not give
rise to any adverse effects on local amenity.
Building Control matters.
The applicant is required to serve Notice of intended demolition on Building
Control under Section 80 of the Building Act 1984.
RECOMMENDATION: That permission be APPROVED
______________________________________________________________
Page No 81
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0894
LOCATION:
DATE RECEIVED:
7 ASHLEY COURT HOLT WREXHAM 27/10/2010
LL13 9JZ
COMMUNITY:
Holt
DESCRIPTION:
ERECTION OF BOUNDARY FENCE
(PARTLY IN RETROSPECT)
CASE OFFICER:
PF
WARD:
Holt
APPLICANT(S) NAME:
MRS MAIR NAYLOR
AGENT NAME:
MRS MAIR TAYLOR
______________________________________________________________
SITE
SITE
LINE OF
FENCE
No. 8
PROPOSAL
The proposal is made partly in retrospect to erect a close boarded boundary
fence along the boundary of the application site with No. 8 Ashley Court. Two
fence panels have been erected at a height of 1.8 metres. A further two
panels are proposed at a height of 1.5 metres and then three final panels at a
height of 1 metre.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
None.
DEVELOPMENT PLAN
Within Holt settlement limit and Holt conservation area. Policies PS2, GDP1,
EC7 and LPG Note 4 – Conservation Areas refer.
An Article 4(2) direction of the Town and Country Planning (General Permitted
Development) Order 1995 (as amended) is in place removing the permitted
development rights to the frontages of properties within the Conservation
Area.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other representations:
Consulted 27.10.2010
Notified 27.10.2010
No objections. Recommend that the last two
metres of fencing adjacent to the highway
boundary be restricted to a maximum height of 1
metre.
3 neighbouring occupiers notified 28.10.2010.
One letter of objection received raising the
following points:
- views from the window of No. 8 would be
severely restricted when they are sitting down;
- the erection of a fence would require
maintenance costs that a hedge would not.
- the applicants need to hide a toilet window that
has been in situ for 22 years is not relevant;
- the fence is of a height and type not present on
this estate where lounge/main windows are
facing each others boundaries;
- No. 8 park their cars on their own land which
they have done for many years;
- the front gardens of the estate tend to be open.
the fence as proposed on an angled boundary
would be out of keeping with the open aspect of
the corner plots; and
- the requirement of the applicant to have their
own private front garden is no justification to
erect a fence at such height to the detriment of
the amenity of the neighbouring occupiers; and
- albeit a relatively new estate, it still forms part
of the conservation area and the erection of a
fence would be to the detriment of this
designation.
Page No 83
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Site Notice:
One letter of support received raising the following
points:
- it [the fence] will not be unsightly or intrusive to
the close as a whole; and
- it is not out of proportion to other fences or
boundaries and is in keeping with others.
Expired 17.11.2010
SPECIAL CONSIDERATIONS
Design and Amenity: The main issues to consider in this instance are the
impact upon the amenity of the neighbouring occupiers and also whether the
proposed scheme will enhance or preserve the character of the Holt
conservation area. A photograph of the frontage of the application site is
below.
Site from highway
There are various styles and colours of close boarded fence in the vicinity.
Although Ashley Court is a development of circa 1970’s dwellings, it still forms
part of the Holt Conservation Area and due consideration must be given to the
potential impact of the proposal. Close boarded fences are accepted
boundary treatments, and the gradual reduction in height of the fence towards
the site frontage is likely to minimise any potential impact from the street
scene.
The relationship between the application site and neighbouring dwelling
means that the frontage of each dwelling looks across the front garden of the
other. I have given careful consideration to the potential detriment that may
be caused to the amenity of the occupiers of No. 8. The maximum height of
the central two panels of the fence will be 1.5 metres to the right hand side of
the front of the neighbouring window. This is marginally higher than the cill
level (approx 0.4 – 0.5 metres). The remaining two panels are proposed at 1
metre in height.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Other matters: Whilst it is acknowledged that the frontage of the site is
currently open where shrubs once grew along the boundary, it is not for the
Council to dictate the means of boundary treatment where the proposal may
be deemed acceptable or to determine the application on the basis of need for
the structure. Any issues regarding the potential maintenance of the fence is
a civil matter for the applicant and their neighbour to consider.
Conclusion: I am satisfied that the erection of the fence with its staggered
height towards the frontage will preserve the character of the conservation
area. Whilst I acknowledge that the fence will be seen from the front window
of the neighbouring dwelling I do not consider that the height will be excessive
as to affect the outlook from this dwelling and create a feeling of enclosure. I
consider that a condition requiring the fence to be painted green on both sides
will further blend the structure into the formal landscape of the garden. I
therefore recommend accordingly.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission.
2.
The development shall only be carried out in strict conformity with the
details shown on the approved drawings and in the application
documentation.
3.
No part of the fence within 2 metres of the rear of the footway boundary
shall exceed 1 metre in height measured from the adjacent ground level.
4.
The fence hereby approved shall be painted dark green or any other
colour as may be agreed in writing and thereafter retained in that condition.
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.
In the interests of highway safety.
4.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
NOTE(S) TO APPLICANT
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4
and 5 on the enclosed "Applicants' Rights and General Information".
You 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
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
amended plans.
You are advised that building work which involves work on an existing wall
shared with another property, building on the boundary with a neighbouring
property or excavating near a neighbouring building may require the separate
consent of the neighbour under the provisions of the Party Wall Act. If you
require further information or advice please contact the Building Control
Section on 01978 292050.
_____________________________________________________________
Page No 86
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0899
COMMUNITY:
Gresford
WARD:
Gresford East & West
LOCATION:
19 CHESTER ROAD GRESFORD
WREXHAM
LL12 8NB
DESCRIPTION:
DISPLAY OF REPLACEMENT
SIGNAGE
APPLICANT(S) NAME:
JANE GOW 75 POINT 3
DATE RECEIVED:
28/10/2010
CASE OFFICER:
MP
AGENT NAME:
INSIGNIA PROJECTS
LIMITED
MR CLIVE WEST
______________________________________________________________
SITING
As above.
Location
of signs
PROPOSAL
As above. The proposals involve the replacement of existing fascia signs, a
projecting hanging logo sign and two signs
Page No 87
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
P/2000/1032
Installation of cash dispenser. Granted 2.1.2001
P/2000/1033
P/2009/0950
Display of sign. Approved 5.1.2001.
Retrospective permission for 3 no fascia signs.
Approved 22.12.2009
DEVELOPMENT PLAN
Within settlement and Gresford District Shopping Centre.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other representations:
Site notice:
Application should not be approved as the signs
are too large, increase the proliferation of
advertising signs in this part of the village and are
too garish. Furthermore they are unnecessary.
Notified 1.11.10.
No objections provided signs are not illuminated in
such a manner that they present disabling glare of
dazzle to traffic using the adjacent highway.
Nearby properties notified 4.11.10.
Expired 26.11.10.
SPECIAL CONSIDERATIONS
Extent of control: Control of advertisements is exercised only in respect of:
a) the interests of impact a sign will have upon the visual amenity of the
area where a sign is displayed;
b) in the interests of public safety – the impact a sign will have on the safe
operation of a form of transport.
National planning guidance in Technical Advice Note 7 ‘Outdoor
Advertisement Control’ advises that it is accepted that anyone proposing to
display an advertisement needs that advertisement in that particular location,
whether for commercial or other reasons so it is not possible to question
whether the proposed signs are necessary or not. Nevertheless, this is a
commercial premises so it is not unreasonable for the occupiers to seek
display signs to allow customers to identify the business.
Amenity: The signs proposed by the application are to replace those erected
under the previous consent (P/2009/0950). No additional signage is proposed
and all new signs are broadly the same size and in the same position as the
old ones. They will have no significant impact upon the appearance of the
building or surrounding area.
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Whilst some of the signs are a brighter colour that the ones they replace
(white letters on a red back ground as opposed to blue letters on a white back
ground), their relatively small size limits their overall impact. Furthermore the
buildings elsewhere in the district shopping centre have shop fronts and signs
in a range of styles and colours, therefore the proposals will not appear out of
place.
The fascia signs are to be illuminated by way of a lighting trough located along
their top edge. The trough will direct the light downwards onto the signs thus
minimising the impact of illumination on the surrounding area.
Safety: As noted above, the light will be directed down onto the site only and
therefore will not present glare or dazzle to traffic.
Conclusion: The signs are acceptable in respect of amenity and safety.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
Any advertisements displayed, and any site used for the display of
advertisements, shall be maintained in a clean and tidy condition to the
reasonable satisfaction of the Local Planning Authority.
2.
Any structure or hoarding erected or used principally for the purpose of
displaying advertisements shall be maintained in a safe condition.
3.
Where an advertisement is required under these Regulations to be
removed, the removal shall be carried out to the reasonable satisfaction of the
Local Planning Authority.
4.
No advertisement is to be displayed without the permission of the
owner of the site or any other person with an interest in the site entitled to
grant permission.
5.
No advertisement shall be sited or displayed so as to obscure, or
hinder the ready interpretation of, any road traffic sign, railway signal or aid to
navigation by water or air, or so as otherwise to render hazardous the use of
any highway, railway, waterway or aerodrome (civil or military).
6.
The intensity of illumination emitted from the signs the subject of this
consent shall not exceed 300 candelas/sq.m.
7.
No light source to any sign(s) hereby granted consent shall be directly
visible to drivers of motor vehicles using the adjacent highway.
REASON(S)
1.
To comply with the Town and Country Planning (Control of
Advertisements) Regulations 1992.
2.
To comply with the Town and Country Planning (Control of
Advertisements) Regulations 1992.
3.
To comply with the Town and Country Planning (Control of
Advertisements) Regulations 1992.
4.
To comply with the Town and Country Planning (Control of
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REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Advertisements) Regulations 1992.
5.
To comply with the Town and Country Planning (Control of
Advertisements) Regulations 1992.
6.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
7.
In the interests of highway safety.
______________________________________________________________
Page No 90
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0902
COMMUNITY:
Esclusham
WARD:
Ponciau
LOCATION:
HAFOD TILERIES HAFOD ROAD
RUABON WREXHAM
LL14 6ET
DATE RECEIVED:
29/10/2010
DESCRIPTION:
CHANGE OF USE FROM STOCKING
AREA TO MORTAR AND CONCRETE
BATCHING PLANT
APPLICANT(S) NAME:
ECO-READYMIX
CASE OFFICER:
MP
AGENT NAME:
BLUE PRINT
MR S HATHERALL
______________________________________________________________
SITING
A hard surfaced area immediately adjacent to the north-west of the Dennis
Ruabon tile factory.
Application
site
Tile factory
(vacant)
Special Area of
Conservation
PROPOSAL
As above. The application seeks retrospective permission.
Page No 91
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
6/1843
P/2005/1219
P/2008/0896
PG/2007/0016
Surfacing of land to be used as stocking ground for
finished products from adjoining tile works. Granted
1.4.76
Extension to range of use of current permitted storage
areas to include the storage of imported tiles, plant and
mobile offices. Granted 30.1.2006
Change of use from stocking area to use for concrete and
mortar batching (in retrospect). Refused 3.11.08. Appeal
Dismissed 1.4.2010.
Enforcement Notice issued 2 April 2009. Notice requires;
a)
removal of concrete batching plant, associated
offices and staff facilities;
b)
cessation of commercial vehicle parking and
operations associated with concrete batching
plant.
Period of 6 months given to comply with notice.
Appeal against notice dismissed 1.4.10 subject to minor
change to allow 12 months (from 1.4.10) for compliance.
Adjoining Land
P/2009/0047
ERECTION OF 20kw WIND TURBINE WITH TOWER
HEIGHT OF 18 METRES. Granted 1.6.2009
DEVELOPMENT PLAN
Outside settlement. The site is also adjacent to the Johnstown Newt Site
Special Area of Conservation. Policies PS1, GDP1 and EC6 are applicable.
CONSULTATIONS
Community Council:
Cllr Paul Pemberton:
Cllr Aled Roberts:
Highways:
Public Protection:
Environment Agency:
Access Group:
Welsh Water:
CCW:
Notified 1.11.10
Does not support refusal, request application be
reported to committee.
Notified 1.11.10.
Notified 1.11.10
Notified 1.11.10
Notified 1.11.10
Notified 1.11.10
Recommend drainage conditions.
Makes the following comments:
- Application site is adjacent to Stryt Las a’r
Hafod SSSI and Johnstown Newt Sites Special
Area of Conservation SAC;
- Development constitutes a project likely to have
a significant effect on SAC. Habitat
Page No 92
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HSE:
Other representations:
Site notice:
Regulations Assessment required before
approval;
- WCBC has already completed an assessment
in respect of a Environmental Permit
application;
- Applicant has previously commissioned
ecological mitigation measures. The principles
of scheme considered satisfactory. If
approved, advise implementation of the
scheme subject to condition and planning
obligation;
- Only issue that is outstanding concerns the
quality of surface water run-off that may be
discharged into the SAC. Applicant should
submit details to demonstrate that activities will
not adversely affect the quality of surface water
within the SAC. This information should be
submitted by the applicant to inform the Habitat
Regulations Assessment and conditions likely
to be required to safeguard the quality of water
within the SAC.
- Site likely to support Great Crested Newts,
development may only proceed after a licence
has been issued from WAG;
- If approved, advise condition required species
conservation schemes and mitigation proposals
to ensure the effective long term protection and
management of mitigation/offsetting areas;
Does not advise against granting of planning
permission.
Nearby properties notified 4.11.10
Expired 26.11.10
SPECIAL CONSIDERATIONS
Background: The land was previously used for storage in conjunction with
the adjacent tile factory, permission for that use having been granted in for
that use1976. A condition attached to the 1976 permission restricts the use of
the land to that purpose. A further permission in 2006 allowed additional
items/products to be stored on site, although again in conjunction with the
operation of the adjacent factory.
This is a re-submission of retrospective proposals to operate a concrete
batching plant. The previous application was refused by Planning Committee
for the reasons in November 2008:
1. The site lies outside a settlement limit in the Wrexham UDP and as
such is in an area where there is a general presumption against new
Page No 93
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
industrial development. The development is therefore considered to be
contrary to policy PS1 of the Wrexham Unitary Development Plan.
2. Insufficient information has been submitted to demonstrate that the
need for the development outweighs the need to safeguard the intrinsic
nature conservation value of the adjoining Stryt Las a'r Hafod Site of
Special Scientific Interest/Johnstown Newt Sites Special Area of
Conservation. In the absence of this information, as well as information
clearly demonstrating that the use of the site as a concrete batching
plant will not have a significant or adverse impact upon SSSI/SAC the
development conflicts with policy EC6 of the Wrexham Unitary
Development Plan.
3. The required visibility splays cross land outside of the applicant's
control. In the absence of details demonstrating the applicant can
secure the required splays, the proposals provide inadequate visibility
at the point of access from the site onto Hafod Road. As such the
development presents a risk to all highway users and consequently
conflicts with policy GPD1(d) of the Wrexham Unitary Development
Plan.
A subsequent appeal against the Council’s decision was dismissed.
Following additional submissions made on the applicant’s behalf during the
appeal, the Planning Inspector concluded that there was sufficient evidence to
demonstrate that the development is not likely to harm the nearby SSSI/SAC
and as such there was no conflict with policy EC6.
During the appeal site visit it was also demonstrated by the appellant that
adequate visibility could be achieved from the site access and as such there
was no conflict with policy GDP1(d).
Whilst the Inspector did not uphold the second and third reasons for refusal he
did find the proposals in conflict with policy PS1.
Applicant’s case: The applicant has put forward the following points in
support of the current application:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Lack of suitable alternative sites in the south of the County
Borough. The Council’s Chief Economic Development Officer Local
estate agents have been contacted.
There is no more sustainable location for this use within the
authority’s boundary;
Site has lawful employment use;
This is the only wet batch plant in the County Borough and
consequently supports local building sites;
Site has the ability to serve 92% of the County Borough;
Staff (8) live within 5 miles of site;
Site provides jobs for local people;
Business supported charitable ventures;
Page No 94
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
ix)
x)
xi)
Materials come from re-cycled sources;
Investment in a wind turbine – the business is operating using
renewable energy.
Sustainability benefit of bringing back into use unused employment
land.
The applicant’s supporting case concludes that there is no other suitable site
for the business and should permission be refused he will have no option but
to relocate his business outside of the County Borough.
Policy: There has been no change in policy since the Planning Committee
refused previous application nor since the Inspector issued his decision. The
applicant is seeking permission for employment development outside of a
defined settlement and is therefore contrary to policy PS1. Many of the
reasons put forward in support of the proposals by the applicant were taken
into account by the Inspector and held to not warrant the granting of
permission.
No substantive evidence has been submitted to demonstrate why the
business must be based in the south of the County Borough or why sites
elsewhere in the County Borough (such as Llay Industrial Estate or Wrexham
Industrial Estate) would be not be viable alternative locations for the business.
Indeed the applicant’s case in this respect is undermined by his threat to
relocate the business out of the County Borough if this application is refused.
Whilst the applicant has unsuccessfully sought to find other sites in the south
of the County Borough, I do not find this sufficient reason to set aside local
policies. To allow the development simply because the applicant cannot find
a site elsewhere in the south of the County Borough would undermine the
UDP strategy to direct new employment to settlement/employment areas.
The development plan has made provision for sufficient land to provide
anticipated employment needs across the County Borough for the foreseeable
future, indeed it is generally acknowledged that there is an over-provision of
employment land based on the rate of land take-up in recent years.
Ecology: The applicant has previously submitted mitigation/compensation
measures in respect of Great Crested Newts and submitted drainage
information to the at the time of the appeal thus demonstrating to the
satisfaction of both CCW and the Planning Inspector that the development
need to be harmful in respect of protected species (Great Crested Newts) nor
the adjoining Special Area of Conservation. However the details previously
submitted as part of the previous application have not been included in the
current submission.
I am unaware of any changes in circumstance that would lead to the previous
mitigation/compensation proposals and site drainage proposals no longer
being appropriate/acceptable and therefore see no reason to doubt that
sufficient information can be made available to allow a Habitat Regulations
Page No 95
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
Assessment to be completed. However the applicant would need to re-submit
this information before such as assessment could be completed.
Whilst I do not intend to recommend against the application on ecological
grounds, Members are reminded that should they wish to grant permission, it
would not be possible to issue a decision unless and until a Habitat
Regulations Assessment has been completed.
Conclusion: The development conflicts with UDP policies concerning the
location of new industrial development.
RECOMMENDATION: That permission be REFUSED
REASON(S)
1.
The site lies outside a settlement limit in the Wrexham UDP and as
such is in an area where there is a general presumption against new industrial
development. The development is therefore considered to be contrary to
policy PS1 of the Wrexham Unitary Development Plan.
Page No 96
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
APPLICATION NO:
P/2010 /0911
COMMUNITY:
Ruabon
WARD:
Penycae & Ruabon
South
LOCATION:
LAND ADJOINING THE LAKE
WYNNSTAY HALL ESTATE
RUABON WREXHAM
LL14 6LA
DESCRIPTION:
EXTEND SHEEP FENCE WITHIN
EXISTING BOUNDARY
APPLICANT(S) NAME:
MR PETER BLAKE WYNNSTAY
FISHING AND CONSERVATION LTD
DATE RECEIVED:
03/11/2010
CASE OFFICER:
LB1
AGENT NAME:
WYNNSTAY FISHING
AND CONSERVATION
LTD
MR PETER BLAKE
______________________________________________________________
SITING
Close to the lake to the north west of Wynnstay Hall.
Solid line – fencing
granted permission under
P/2010/0004
Dashed line – proposed
siting of fence
PROPOSAL
Extend sheep fence within existing boundary. The fence is of post and wire
construction.
Page No 97
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
HISTORY
P/2004/0058
P/2009/0092
P/2009/0612
P/2010/0004
Erection of 7 loose boxes, provision of parking area,
provision of pathway to great hall and fencing to enclose
paddock and construction of opening through ha-ha.
Refused 16/03/04
Siting of timber fisherman’s cabin. Withdrawn
Siting of timber fisherman’s cabin and siting of temporary
feed store hut. Granted 01/06/10
Erection of replacement and new fencing (in retrospect).
Granted 01/03/10
DEVELOPMENT PLAN
Lies outside of settlement limit, within a Special Landscape Area and within a
registered Grade I Historic Park and Garden. Wynnstay Hall is a Grade II*
Listed Building. Policies GDP1, PS2, EC4, EC5 and EC9 apply.
CONSULTATIONS
Local Member:
Community Council:
CCW:
Welsh Historic Parks & Gardens:
Cadw:
Wrexham Area Civic Society:
CPAT:
Ancient Monument Society:
Adjacent Occupiers:







Consulted 04/11/10
No objection
No objection
Consulted 04/11/10
Consulted 04/11/10
Consulted 04/11/10
No comments.
Consulted 04/11/10
5 letters of objection received raising the
following points:
The applicant does not live on the estate but
wishes to change it for commercial reasons.
The land is Grade listed land and should be
protected.
The gardens at Wynnstay have been described as
one of the most important 18th Century landscapes
in Wales and the proposal would forever change
this piece of our natural heritage.
Vehicular traffic using the driveway can be
considerable at certain times of the day and it is
often necessary for pedestrians to walk onto the
grassland to avoid contact.
The parkland itself is maintained as lawn and by
proposing sheep to graze would reduce it to
meadowland and scrub.
The fencing could devalue the properties on the
estate.
The Capability Brown parkland will be forever
changed by this proposal.
Page No 98
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010

Site Notice:
The fencing will detract from the integrity of the
site.
Expires 30 November 2010
SPECIAL CONSIDERATIONS
Background: There have been various applications at the property since its
conversion to residential use. Earlier this year an application (P/2010/0004)
for post and wire fencing was approved in the location of the solid line on the
plan. The new proposal is for the movement of some of the fencing and
erection of new fencing in the location shown by the dashed line on the plan.
This is to help the occupier of the land rotate the usage of the land by sheep.
The landscaping within the grounds of Wynnstay Hall was designed by
Lancelot ‘Capability’ Brown and work is currently being undertaken to restore
the formal gardens to the east of the buildings. The majority of the land to be
enclosed is lightly wooded, open grassland lies to the east of the lake.
Impact on Listed buildings and park: The post and rail fencing is similar to
other fencing located within the park and is not uncommon a feature within the
rural landscape. Whilst the main qualities of the parkland is its open nature
and untouched grassland the fencing encloses an existing lightly wooded area
and would be relatively invisible in the general landscape.
The applicant has confirmed that the fencing on the main entrance road to the
hall will be set back 6.5 metres from the road behind the row of trees,
mirroring the fencing on the opposite side of the road. The fence line along
the old avenue that leads to Ruabon will be set back from the road by 9.5
metres, again lying behind the tree line. This will help ensure that the fencing
does not stand out in the landscape and will not impact on highway safety
along the driveway.
The fence does not affect the setting of Wynnstay Hall and will not adversely
affect the amenity of the residential properties. As the fence would not be a
permanent feature any impact on the overall landscape would be reversible.
Conclusion: The proposed fencing does not affect the setting of the building
or the character of the parkland and I therefore recommend accordingly.
RECOMMENDATION: That permission be APPROVED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of
five years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the
approved plans unless the prior written approval of the Local Planning
Authority has been obtained.
Page No 99
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
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.
______________________________________________________________
Page No 100
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
LIST OF DELEGATED DECISIONS ISSUED
MAR P/2009/0472
GRANTED
on 17/11/2010
WOR P/2010/0338
REFUSED
on 27/10/2010
CHI P/2010/0548
GRANTED
on 27/10/2010
GWE P/2010/0711
GRANTED
on 02/11/2010
OLD HALL FARM WOODHOUSE LANE
MARCHWIEL WREXHAM LL13 0ST
CONVERSION OF BARN TO 2 RESIDENTIAL UNITS
AND GAMES ROOM
SHREWDS LAIR FARM TY BROUGHTON
HALL LANE TALLARN GREEN
THREAPWOOD MALPAS SY13 3BB
HALTON FARM HALTON CHIRK
WREXHAM LL14 5BG
OUTLINE APPLICATION FOR AGRICULTURAL
WORKERS DWELLING
GWERSYLLT SPORTS WORKING MENS
CLUB MOLD ROAD GWERSYLLT
WREXHAM LL11 4AF
RUA P/2010/0718
GRANTED
on 28/10/2010
GWE P/2010/0740
GRANTED
on 12/11/2010
BRN P/2010/0747
GRANTED
on 04/11/2010
WRC P/2010/0748
WITHDRAWN
on 27/10/2010
WRA P/2010/0754
GRANTED
on 22/10/2010
ESC P/2010/0756
GRANTED
on 22/10/2010
WRO P/2010/0759
GRANTED
on 22/10/2010
SES P/2010/0761
GRANTED
on 28/10/2010
RUABON LIBRARY MAELOR PLACE OFF
HIGH STREET RUABON WREXHAM LL14
6NH
PLOTS A1 TO A3 LAND OFF MOLD ROAD
GWERSYLLT WREXHAM LL11 4FE
REMOVAL OF EXISTING 15M HIGH VODAFONE
MONOPOLE WITH 2 NO. OMNI ANTENNAS TO BE
REPLACED WITH A 15M HIGH CU PHOSCO PHASE 4
MONOPOLE TO ACCOMMODATE 6 NO VODAFONE
AND 2 NO ANTENNAS (OVERALL HEIGHT 18.45M), 2
NO. RADIO EQUIPMENT CABINETS TO REPLACE
EXISTING 1 NO. VODAFONE EQUIPMENT CABINET.
ERECTION OF TEMPORARY MODULAR BUILDING
WRO P/2010/0763
GRANTED
on 07/10/2010
WRA P/2010/0765
GRANTED
on 22/10/2010
WRO P/2010/0767
GRANTED
on 07/10/2010
WRR P/2010/0769
GRANTED
on 22/10/2010
GRE P/2010/0770
GRANTED
on 27/10/2010
MIN P/2010/0778
GRANTED
on 22/10/2010
WOR P/2010/0781
WITHDRAWN
on 24/11/2010
CEF P/2010/0782
GRANTED
on 22/10/2010
ROS P/2010/0783
GRANTED
on 27/10/2010
WREXHAM COUNTY BOROUGH
MUSEUM REGENT STREET WREXHAM
LL11 1RB
2 CAMBERLEY CRESCENT WREXHAM
LL12 7LR
LAND TO THE REAR OF TAN YR ONNEN
SCHOOL LANE BRONINGTON WREXHAM
SY13 3HN
31 CAIA ROAD WREXHAM LL13 8DS
FOUR DOGS BOX LANE WREXHAM
LL12 8EF
REPLACEMENT AGRICULTURAL BUILDING
ERECTION OF 3 DWELLINGS AND CONSTRUCTION
OF PARKING AREAS (SUBSTITUTION OF HOUSE
TYPES)
CERTIFICATE OF LAWFULNESS FOR EXISTING USE
AS GARDEN AREA
EXTENSION TO EXISTING VETERINARY SURGERY,
STAFF ACCOMMODATION AND ERECTION OF 2
RETAIL UNITS
DISPLAY OF ILLUMINATED AND NON-ILLUMINATED
SIGNS TO EXTERIOR OF BUILDING
15 OLD HALL CLOSE RHOSTYLLEN
WREXHAM LL14 4DJ
SINGLE STOREY EXTENSION
43 PRIMROSE WAY WREXHAM LL11
2AT
FIRST FLOOR BEDROOM EXTENSION ABOVE
EXISTING GROUND FLOOR DINING ROOM
KILN INN KILN LANE CROSS LANES
WREXHAM LL13 0TG
CHANGE OF USE OF ADJACENT VACANT LAND TO
MENAGE, ERECTION OF STABLES, NEW DOUBLE
GARAGE, BOUNDARY WALLS AND AMENDMENTS TO
SCHEME TO CONVERT PUBLIC HOUSE TO DWELLING
(PREVIOUSLY APPROVED UNDER CODE NO
P/2004/1631)
ERECTION OF TRI-FORM TOTEM SIGN WITH
INTERMITTENT INTERNAL AND EXTERNAL
ILLUMINATION
FIRST FLOOR BEDROOM EXTENSION AND
REPLACEMENT SINGLE GARAGE
15 BARTON CLOSE WREXHAM LL13
7EX
EXTENSION ABOVE EXISTING GARAGE AND KITCHEN
THE PLAS COCH PUBLIC HOUSE PLAS
COCH ROAD WREXHAM LL11 2BW
REPLACEMENT SIGNAGE (IN RETROSPECT)
HERONS REACH 1 PARK VIEW
GRESFORD WREXHAM LL12 8UB
TWO STOREY SIDE EXTENSION AND SINGLE STOREY
GARAGE EXTENSION
NANT Y GLYN MINERA HALL ROAD
MINERA WREXHAM LL11 3YE
SINGLE STOREY EXTENSION TO SIDE OF DWELLING
AND NEW ENTRANCE PORCH
WOODLAND WEST OF LOWER LODGE
FROG LANE WORTHENBURY MALPAS
WREXHAM SY14 7AN
TY MAWR COUNTRY PARK CAE GWILYM
LANE CEFN MAWR WREXHAM LL14 3PE
ERECTION OF BUILDING FOR BOTTLING AND
PACKING OF MINERAL WATER
TREVALYN FARM HOUSE DARLAND
LANE ROSSETT WREXHAM LL12 0BD
EXTENSION AND INTERNAL ALTERATIONS TO
EXISTING BARN AND CONSTRUCTION OF NEW HAY
BARN
ERECTION OF GARDEN SUMMERHOUSE
Page No 101
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
BRN P/2010/0784
GRANTED
on 27/10/2010
GLY P/2010/0785
GRANTED
on 27/10/2010
GWE P/2010/0790
GRANTED
on 10/11/2010
ERB P/2010/0791
REFUSED
on 09/11/2010
WRA P/2010/0792
GRANTED
on 27/10/2010
ROS P/2010/0793
GRANTED
on 22/10/2010
ISY P/2010/0794
GRANTED
on 24/11/2010
MAE P/2010/0795
GRANTED
on 03/11/2010
CHI P/2010/0796
GRANTED
on 18/11/2010
WRA P/2010/0797
GRANTED
on 27/10/2010
CHI P/2010/0798
GRANTED
on 22/10/2010
ROS P/2010/0799
GRANTED
on 27/10/2010
RHO P/2010/0800
GRANTED
on 27/10/2010
GRE P/2010/0802
GRANTED
on 22/10/2010
ESC P/2010/0804
WITHDRAWN
on 01/11/2010
GRE P/2010/0806
GRANTED
on 27/10/2010
WRR P/2010/0807
GRANTED
on 22/10/2010
BRO P/2010/0810
GRANTED
on 22/10/2010
ISY P/2010/0811
GRANTED
on 04/11/2010
MIN P/2010/0812
GRANTED
on 15/11/2010
RHO P/2010/0813
GRANTED
on 01/11/2010
BRO P/2010/0814
GRANTED
on 22/10/2010
WRO P/2010/0815
WITHDRAWN
on 15/11/2010
BANK FARM WHITCHURCH ROAD LITTLE
GREEN BRONINGTON WREXHAM SY13
2JN
BRON HEULOG CASTLE MILL CHIRK
WREXHAM LL14 5BL
COVERED MANURE STORE
MOLLINGTON STANSTY PARK MOLD
ROAD STANSTY WREXHAM LL11 4YG
RETENTION OF STATIC CARAVAN AS TEMPORARY
STORAGE FACILITY
TALFRYN COTTAGE CHAPEL LANE
ERBISTOCK WREXHAM LL13 0DF
DEMOLITION OF EXISTING STORE AND ERECTION OF
NEW STORE, WORKSHOP WITH SHEEP PEN
89 DEAN ROAD WREXHAM LL13 9EG
EXTENSION, LOFT CONVERSION AND DETACHED
GARAGE
1 WEST WAY TREVALYN PARK
ROSSETT WREXHAM LL12 0DX
ERECTION OF CONSERVATORY
BARN AT TOP HOUSE FARM HOLT
ROAD BOWLING BANK WREXHAM LL13
9RR
HILL FARM PENLEY WREXHAM LL13
0LY
BARN CONVERSION
HALTON FARM HALTON CHIRK
WREXHAM LL14 5BG
EXTENSIONS, ALTERATION AND IMPROVEMENT TO
EXISTING COTTAGE
ALTERATIONS TO EXISTING FARM ACCESS AND USE
AS RESIDENTIAL ACCESS TO HILL FARM (PARTLY IN
RETROSPECT)
LISTED BUILDING CONSENT FOR ALTERATIONS TO
EXISTING AGRICULTURAL BUILDING
7 CAERNARVON ROAD WREXHAM LL12
7TT
CONSERVATORY EXTENSION
KRONOSPAN LTD HOLYHEAD ROAD
CHIRK WREXHAM LL14 5NT
HILL VIEW COTTAGE BURTON GREEN
ROSSETT WREXHAM LL12 0AW
REMOVAL OF EXISTING FACTORY ENTRANCE SIGN
AND ERECTION OF NEW SIGN (2000MM (W) X 3500MM
(H) WITH INTERNAL LED ILLUMINATION
TWO STOREY REAR EXTENSION AND ATTACHED
GARAGE TO SIDE
10 CHURCH STREET RHOS WREXHAM
LL14 2BN
FIRST FLOOR EXTENSION TO PROVIDE LARGER
LIVING ACCOMMODATION TO FIRST FLOOR FLAT
SPAR 58 CHESTER ROAD GRESFORD
WREXHAM LL12 8NE
1 NO. ILLUMINATED FASCIA SIGN (IN RETROSPECT)
LAND OPPOSITE ENTRANCE TO
SPRINGVIEW LLWYNEINION ROAD
RHOSLLANERCHRUGOG WREXHAM
LL14 4ET
STONELEIGH PANT LANE GRESFORD
WREXHAM LL12 8HB
ERECTION OF EQUESTRIAN BUILDING
73 ACTON GATE WREXHAM LL11 2PW
EXTENSION TO PROVIDE GARAGE AND LARGER
LIVING ACCOMMODATION
3 GREEN MEADOWS NEW BROUGHTON
WREXHAM LL11 6SG
EXTENSION TO PROVIDE BEDROOM & EN-SUITE
KELLOGGS BRYN LANE WREXHAM
INDUSTRIAL ESTATE WREXHAM LL13
9UT
TYR FEDW GEGIN LANE MINERA
WREXHAM LL11 3YT
ERECTION OF BULK SYRUP STORAGE BUILDING
EILRIC BRYN GLAS
RHOSLLANERCHRUGOG WREXHAM
LL14 2EB
TYN Y CWM PENDWLL ROAD MOSS
WREXHAM LL11 6EU
FRONT EXTENSION AND CONVERSION FROM FLAT
TO PITCHED ROOF OVER EXISTING GARAGE
LAND AT CROESNEWYDD ROAD
WREXHAM LL13 7YP
OUTLINE APPLICATION FOR NEW BUILDING FOR
JOINT FIRE AND AMBULANCE STATION WITH
POTENTIAL INCLUSION FOR SEPARATE POLICE
ADMINISTRATION BUILDING
SINGLE STOREY EXTENSION TO REAR
ERECTION OF ORANGERY
ERECTION OF WOODEN FENCE (IN RETROSPECT)
Page No 102
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
ABE P/2010/0816
REFUSE/GRANT
on 08/11/2010
REDWITHER WORKS REDWITHER ROAD
WREXHAM INDUSTRIAL ESTATE
WREXHAM LL13 9RD
CHI P/2010/0817
GRANTED
on 04/11/2010
CEF P/2010/0818
WITHDRAWN
on 15/11/2010
PEN P/2010/0819
GRANTED
on 12/11/2010
GWE P/2010/0821
GRANTED
on 27/10/2010
OVE P/2010/0822
GRANTED
on 27/10/2010
MIN P/2010/0824
GRANTED
on 27/10/2010
GRE P/2010/0825
GRANTED
on 22/10/2010
WRR P/2010/0826
GRANTED
on 15/11/2010
RUA P/2010/0827
GRANTED
on 12/11/2010
CHI P/2010/0829
GRANTED
on 09/11/2010
WRA P/2010/0831
GRANTED
on 09/11/2010
CHIRK A A A HOLYHEAD ROAD CHIRK
WREXHAM LL14 5NA
ISY P/2010/0832
GRANTED
on 15/11/2010
WOR P/2010/0833
GRANTED
on 22/10/2010
ROS P/2010/0834
REFUSED
on 12/11/2010
6 THE STABLES BOWLING BANK
WREXHAM LL13 9QF
RHO P/2010/0836
GRANTED
on 27/10/2010
CHI P/2010/0837
WITHDRAWN
on 23/11/2010
GLY P/2010/0838
GRANTED
on 12/11/2010
LAND ADJ TO PONCIAU BANKS BOWLS
PAVILION BAPTIST STREET PONCIAU
WREXHAM LL14 1RL
CHIRK COURT CARE HOME MAES Y
WAUN CHIRK WREXHAM LL14 5ND
HOL P/2010/0839
REFUSED
on 15/11/2010
HOL P/2010/0840
GRANTED
on 11/11/2010
00NL030
P/2010/0841
GRANTED
on 02/11/2010
REMOVE ALL TREES WITH STEM DIAMETER OF LESS
THAN 75MM, FELL TWO WILLOW TREES (T1, T2).
PRUNE BACK OAK TREE (T3) TO 0.5 METRES FROM
BUILDING. FELL ONE HAWTHORNE (T4) AND FELL
ONE BLACKTHORN (T5)
ERECTION OF NEW 100 SEAT GRANDSTAND
SUNNY BANK FARM PEN Y BRYN
PENYCAE WREXHAM LL14 1UB
CONVERSION OF PART BARN TO LIVING
ACCOMMODATION
AFONEITHA PLAYING FIELDS
AFONEITHA ROAD PEN Y CAE
WREXHAM LL14 2NG
PENDINE PARK NURSING HOME
SUMMERHILL ROAD STANSTY PARK
WREXHAM LL11 4YE
MAES LEWIS KNOLTON OVERTON
WREXHAM LL13 0LE
ERECTION OF COVERED SPECTATOR STAND AND
CONTAINERISED OFFICE / MESS UNIT
UNIT 9 FIVE CROSSES INDUSTRIAL
ESTATE MINERA WREXHAM LL11 3RD
EXTENSION TO WORKSHOP
19 PANT OLWEN GRESFORD WREXHAM
LL12 8ES
ERECTION OF REPLACEMENT GARAGE
LAND ADJACENT TO 1 FINNEY CLOSE
WREXHAM LL11 2DP
EXTENSION TO PARKING AREA
CINDERS STABLES OVERTON ROAD
RUABON WREXHAM LL14 6HN
CONSTRUCTION OF MANEGE FOR EQUINE BUSINESS
LAND BETWEEN VETERINARY SURGERY
AND TAKE AWAY COLLIERY ROAD
CHIRK WREXHAM LL14 5PA
30 ANSELL ROAD WREXHAM LL13 9NQ
ERECTION OF 3 NO. SINGLE STOREY LOCK-UP SHOP
UNITS (RENEWAL OF PLANNING PERMISSION CODE
NO. P/2005/1392)
REMOVAL OF EXISTING GARAGE AND KITCHEN TO
SIDE OF PROPERTY AND ERECTION OF TWO STOREY
GABLE EXTENSION WITH SINGLE STOREY
EXTENSION TO FRONT AND REAR ELEVATION
ERECTION OF REPLACEMENT GARDEN SHED
DOLENNION FARM WORTHENBURY
ROAD WORTHENBURY WREXHAM LL13
0AN
ROSEACRE CARAVAN PARK DAISY
LANE ROSSETT WREXHAM LL12 0BP
LINK EXTENSION BETWEEN PEN Y BRYN, BRYN
BELLA, CAE BRYN AND HIGHFIELD NURSING HOMES.
CONSTRUCTION OF WORKSHOP TO BE USED FOR
PERSONAL USE (PARTLY IN RETROSPECT)
ERECTION OF AGRICULTURAL BUILDING FOR
STORAGE AND HOUSING OF CATTLE AND
MACHINERY
CHANGE OF USE OF AGRICULTURAL LAND TO MIXED
USE FOR AGRICULTURAL LAND WITH CARAVAN SITE
FOR 2 PITCHES FOR OCCUPATION BY GYPSY
TRAVELLERS FAMILIES WITH HARD STANDING,
FENCING, STONE WALL AT ENTRANCE, CESS PIT
AND SHEDS FOR A TEMPORARY PERIOD.
ERECTION OF 6M FIBREGLASS FLAGPOLE
CONSTRUCTION OF THREE SINGLE STOREY
EXTENSIONS TO CREATE ADDITIONAL BEDROOMS
BRITHDIR B4579 BETWEEN BRYNIAU
ROAD AND CAE MOR ROAD
GLYNTRAIAN LLANGOLLEN WREXHAM
LL20 7BE
1 THE CROSS HOLT WREXHAM LL13
9YG
ERECTION OF STEEL FRAMED AGRICULTURAL
BUILDING FOR THE STORAGE OF IMPLEMENTS AND
FODDER
5 GOURTON HALL COURT BORRAS
HALL LANE BORRAS WREXHAM LL13
9AD
KILORAN CROESHOWELL LANE
BURTON WREXHAM LL12 0LB
SINGLE STOREY EXTENSION TO SIDE OF UNIT 5
ERECTION OF CANOPY (PARTLY IN RETROSPECT)
DEMOLITION OF EXISTING SINGLE STOREY
CONSERVATORY AND OUT HOUSE TOILET AND
ERECTION OF NEW SINGLE STOREY
CONSERVATORY TO REAR OF DWELLING.
Page No 103
REPORT OF THE CHIEF PLANNING OFFICER – 6 December 2010
LLR P/2010/0842
GRANTED
on 01/11/2010
LLR P/2010/0843
GRANTED
on 01/11/2010
RHO P/2010/0846
GRANTED
on 19/11/2010
BRY P/2010/0849
GRANTED
on 04/11/2010
ESC P/2010/0850
PENDING
on
ROS P/2010/0853
REFUSED
on 05/11/2010
HOL P/2010/0857
REFUSED
on 19/11/2010
HOL P/2010/0858
REFUSED
on 19/11/2010
HOL P/2010/0859
GRANTED
on 17/11/2010
3 TO 5 HEOL PENDERYST TREVOR
WREXHAM LL20 7UD
NEW SIGN BOARD AND ILLUMINATED SIGN
3 TO 5 HEOL PENDERYST TREVOR
WREXHAM LL20 7UD
ERECTION OF SECURITY SHUTTERS
LAND AT ABERDERFYN ROAD PONCIAU
WREXHAM LL14 1SL
ERECTION OF DETACHED GARAGE
8 COED Y FELIN CLOSE BRYMBO
WREXHAM LL11 5DS
SIDE EXTENSION
BERSHAM ENTERPRISE PARK PLAS
GRONO ROAD RHOSTYLLEN WREXHAM
LL14 4EG
LAND NEAR GOLDEN LION HOTEL
CHESTER ROAD ROSSETT WREXHAM
LL12 0HN
4 LAUREL GROVE BARN HOLT ROAD
RIDLEY WOOD WREXHAM LL13 9US
LISTED BUILDING CONSENT FOR INSTALLATION OF
NEW CCTV SYSTEM
3 LAUREL GROVE BARNS HOLT ROAD
RIDLEY WOOD WREXHAM LL13 9US
SINGLE STOREY SUN LOUNGE EXTENSION
RIDGE HOUSE GREEN STREET HOLT
WREXHAM LL13 9JF
CEF P/2010/0862
GRANTED
on 17/11/2010
WRR P/2010/0864
GRANTED
on 17/11/2010
GRE P/2010/0868
GRANTED
on 17/11/2010
BAN P/2010/0869
REFUSED
on 18/11/2010
GRE P/2010/0873
WITHDRAWN
on 19/11/2010
MAR P/2010/0874
GRANTED
on 23/11/2010
BRY P/2010/0877
GRANTED
on 17/11/2010
GRE P/2010/0878
WITHDRAWN
on 25/10/2010
WRR P/2010/0885
GRANTED
on 19/11/2010
28 KING STREET CEFN MAWR
WREXHAM LL14 3BH
REPLACE WOOD FRONT DOOR WITH WHITE UPVC
DOOR, PAINT GARAGE DOOR BLUE, REPLACE
GARAGE DOOR WITH ELECTRIC ROLLER SHUTTER
DOOR
REPLACEMENT WINDOWS AND DOORS TO FRONT
AND REAR ELEVATIONS
REMPLOY REGENT HOUSE REGENT
STREET WREXHAM LL11 1PR
DISPLAY OF 1 NO. NON-ILLUMINATED FASCIA SIGN
AND NO. 1 NON-ILLUMINATED PROJECTION SIGN
ELSINORE CHESTER ROAD GRESFORD
WREXHAM LL12 8TS
ERECTION OF SINGLE STOREY EXTENSION
MOUNTVIEW WHITCHURCH ROAD
BANGOR ISYCOED WREXHAM LL13 0AY
REPLACEMENT WINDOWS
LAND ADJOINING 5 LAKESIDE CLOSE
GRESFORD WREXHAM LL12 8PG
ERECTION OF SINGLE STOREY DWELLING AND
CONSTRUCTION OF NEW ACCESS
OLD SONTLEY FARM SONTLEY ROAD
SONTLEY WREXHAM LL13 0YW
ERECTION OF AGRICULTURAL BUILDING
5 COLLEGE HILL TANYFRON WREXHAM
LL11 5TF
ERECTION OF GARAGE TO REAR OF PROPERTY.
17 BURTON RISE GRESFORD
WREXHAM LL12 8NZ
EXTENSION TO DWELLING
MCDONALDS RESTAURANT LTD 30
REGENT STREET WREXHAM LL11 1SA
WRR P/2010/0886
GRANTED
on 19/11/2010
HOL P/2010/0898
NO OBJECTION
on 19/11/2010
MCDONALDS RESTAURANT LTD 30
REGENT STREET WREXHAM LL11 1SA
REFURBISHMENT OF SHOPFRONT TO INCLUDE
REPAINTING OF SHOPFRONT, THE INSTALLATION OF
NEW TIMBER SLATS AND NEW FASCIA PANELS. NEW
FULLY AUTOMATED ENTRANCE DOORS.
REPLACEMENT SIGNAGE AND NEW FASCIA PANELS
ALDERSEY FARM FRANCIS LANE HOLT
WREXHAM LL13 9YB
REMOVAL OF HEDGEROW
SINGLE STOREY SUN LOUNGE EXTENSION
ERECTION OF AGRICULTURAL BUILDING