AGENDA ITEM NO.
1.
REPORT TO:
Planning Committee
REPORT NO:
CPLO/57/09
DATE:
7 December 2009
REPORTING OFFICER:
Chief Legal and Democratic Services Officer
Chief Planning Officer
CONTACT OFFICER:
Bob Dewey (Ext. 2470)
Ken Bickerton (Ext. 2242)
SUBJECT:
Planning Appeal Decisions
WARD:
N/A
PURPOSE OF THE REPORT
To advise the Committee of the outcome of appeals against decisions of the Council and
to outline the reasons for the decisions.
2.
INFORMATION
Note: Application sites marked (c) were visited by the Committee before the decision was
made.
2.1
Erection of agricultural workers dwelling (essential need) on land at Penyllan Farm,
Wrexham Road, Marchwiel, Wrexham (Application Code No. P/2008/0750) (Mr and
Mrs D.N.G. Lloyd) - Dismissed
The Inspector considered that it had not been established to a sufficient degree that
the accommodation needs of the farm could not be met in other ways (extending
the main farmhouse, converting farm buildings or securing accommodation in
Marchwiel or Wrexham) and as such the criteria of Policy H5 of the U.D.P was not
satisfied.
2.2
Variation of Condition No. 14 imposed under Planning Permission P/2008/1276
dated 4 December 2008 (erection of two split-level bungalows and garages on land
adjoining The Ferns, Wesley Road, Bwlchgwyn, Wrexham.) The condition in
dispute stating that “Notwithstanding the approved plans, the footway shown along
the frontage of the site shall only be 1.2m wide and shall extend across the site
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frontage and along the frontage of the land outlined in blue” (Miss L Webb) Allowed (c)
The Council wanted a footway across the site frontage and also the land owned by
the applicant alongside. Despite the restricted width of the road (3 metres) the
Inspector found insufficient justification had been provided to justify a footpath link
across the adjoining land but the requirement remains across the site itself.
2.3
Alterations and extensions to the existing property without complying with a
condition attached to Planning Permission P/2006/1497 dated 2 February 2007 at
Newlyn, Chester Road, Lavister, Wrexham (Application Code No. P/2008/1082).
The condition in dispute is No. 5 which states that: “The property shall not be used
other than a single dwelling within Class C3 of the Town and Country Planning (Use
Classes) Order 1987.
Specifically the property shall not be used as
accommodation for hotel staff members” (Mr and Mrs H Nelson) - Allowed.
The Inspector concluded that the proposal as approved would not constitute a
hostel, and would fall within use class C3 as a dwelling. He accepted that a
condition restricting the use of the property to a single dwelling should not normally
be attached to permission for extensions and alterations. It would also be in breach
of national planning guidance to attempt to prevent the occupation of the house by
people employed in the hotel trade.
2.4
Renovation of dwelling and outbuilding and construction of extensions for
residential use, Eisteddfod Farm, Allt Eisteddfod, Gwynfryn (Application Code No.
P/2009/0024) (Mr Ron T Davies). Dismissed.
The Inspector concluded that:
i)
the residential use of the building had been abandoned some time ago;
ii)
the walls of the building appear structurally sound but the development would
require extensive rebuilding of the structure and is therefore contrary to
policy H3;
iii)
the proposed extensions would dominate original building and fail to
demonstrate it is capable of being restored as a dwelling without rebuilding
tantamount to a new dwelling;
iv)
insufficient need to justify a need for an additional dwelling on this part of the
farm holding;
v)
no evidence has been produced to demonstrate no impact on protected
species.
2.5
Change of use from A1 to A3 (ground floor) and C3 to B1 (upper floor) without
complying with a condition attached to Planning Permission P/2006/1477 dated 13
June 2007 at Zozan Kebab House and Fish and Chips, Market Square, Llay,
Wrexham (Application Code No. P/2009/0182). The condition in dispute is No. 2
which states that: “No customers shall be on the premises of the use hereby
permitted outside the hours of 10.00 to 22.00 (Mr Kemal Topal) - Dismissed.
Inspector concluded that permitting the hot food takeaway to open later could cause
problems of noise and disturbance to nearby residents at a time when they should
be able to expect peace and quiet.
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2.6
Conversion of an agricultural building to a dwelling (in retrospect) at Meadow Farm,
Meadow Lane, Trevalyn, Rossett, Wrexham (Application Code No. P/2008/0677)
(Price and Roberts) - Dismissed.
The main consideration in this case was the effect of the conversion on the
character and appearance of the building and the surrounding countryside. The
Inspector agreed that the original scale and more traditional character of the
building had been lost, giving an urban feel harmful to the character and
appearance of the rural surroundings.
2.7
Proposed P shape white conservatory on a 600mm wall with box gutter at 101 High
Street, Gwersyllt, Wrexham (Application Code No. P/2008/1201) (Mr Jason Hyland)
- Dismissed. (c)
The Inspector made the following conclusions:
i)
The conservatory would not appear subservient to the original house and
would dominate the rear of the house and garden significantly harming its
character;
ii)
The conservatory would not be in keeping with original house;
iii)
It would be overbearing when viewed from a neighbouring property;
iv)
It would leave inadequate garden space for occupiers of the application site.
Consideration is now being given to reviewing LPG 21 to limiting long extensions on
the boundary between two houses in the light of (iii).
2.8
Change of use, agricultural land into garden area at Borders Edge, The Chequer,
Bronington, Whitchurch (Application Code No. P/2008/1095) (Mr Roger Fisher) Allowed.
The main issue to consider was the impact on the character and appearance of the
surrounding area. He noted that the garden extension extended to a pre-existing
boundary and visual harm could be limited by replacement boundary hedging that
could be controlled by condition.
2.9
A
Issue of an enforcement notice for change of use of land from agriculture to
use for the provision of residential caravan accommodation, the parking of
vehicles, the erection of sheds, walls and fences, toilets and associated
domestic paraphernalia, the importation of waste materials to form a
hardstanding and the installation of a septic tank on land at Roseacre, Daisy
Lane, Parkside, Rossett, Wrexham (PG/2007/0048) (Mr O Lee) Dismissed after informal hearing and the enforcement notice upheld with the
period for compliance being extended to 12 months
B
Change of use of land to caravan site for stationing up to 12 caravans with
associated hardstanding, fencing, septic tank, utility buildings for occupation
by Gypsy-Travellers on land at Roseacre, Daisy Lane, Parkside, Rossett,
Wrexham (Application Code No. P/2008/0705) (Mr O Lee and others) Dismissed after informal hearing.
There were three reasons for refusal – highways, flooding and visual impact.
The inspector refused solely on flood impact. He extended the period for
compliance to one year. He noted the policy objection but concluded that
neither the countryside location nor the scale of the site (6 pitches) were
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justified objections. With proper screening the site could be visually
acceptable.
2.10
Issue of an enforcement notice for the re-building of an abandoned quarry building
on land at Old Smithy, Minera Quarry, Minera, Wrexham (PG/2007/0063) (Mr D T
Davies) - Allowed and the enforcement notice quashed.
In this case, the works appear to relate to reconstruction of a dwelling but no roof
had been put on it so the inspector treated it as the erection of walls (which are
permitted up to 2 metres in height rather than the construction of a new building.
Given actual the appearance of the structure this decision appears slightly strange.
2.11
Issue of an enforcement notice for change of use of land from agriculture to a mixed
use for agriculture and commercial operations and storage of materials, plant and
vehicles at John Ellis Sons, Bryn Alyn, Gresford, Wrexham (PG/2007/0072) (Mr
J.M. and R.D. Ellis) - Dismissed and the enforcement notice upheld with
corrections and the period for compliance being extended to 6 months.
The Inspector concluded that the expansion of existing commercial activities at the
farm within the south field was of a significant scale, and would be unacceptably
harmful to the character and appearance of this area of open countryside.
Furthermore, the site is served by a narrow single-width lane without footways and
with limited forward visibility. He concluded also that the operations would impact
upon the safety of highway users.
2.12
Change of use of part of building from B8 to A1 retail without complying with a
condition attached to planning permission P/2008/1087 dated 1 December 2008 at
Oak Road, Wrexham Industrial Estate, Wrexham (Application Code No.
P/2009/0296). The condition in dispute is No. 1 which states that “No use of the
shop the subject to this permission shall be made between 1 January and 31
October in any calendar year. (Premier Decoration Limited) - Allowed following an
informal hearing and Condition No. 1 reworded to “No use of the shop the subject of
this permission shall be made between 15 January and 13 October and between 25
December and 31 December in any calendar year”.
The inspector concluded that as permission has already been granted for a shop to
operate for 8 weeks of the year, and addition 3 weeks would not have any
significant material effect. The reasons for refusal were not based on any evidence
of harm. A modest increase in operating times would not materially harm the
retailing pattern and character of the wider area.
2.13
Erection of an agricultural implement and animal food storage building and
emergency animal shelter at Gardden Cottage, Tatham Road, Ruabon, Wrexham
(Application Code No. P/2009/0429) (Mr Richard K. Williams) - Dismissed.
The inspector was not persuaded that there is a need for a new agricultural building.
And considered that the size of building would erode openness of Green Barrier and
have a detrimental impact upon the rural character of the countryside.
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2.14
Residential development with parking and access at former Dusseks Site, Watery
Road, Wrexham (Application Code No. P/2008/0448) (Bellway Homes (West
Lancashire)) - Dismissed after informal hearing. (Application for award of costs
against the Council - Dismissed).
The Inspector agreed with the Council’s decision to refuse planning permission on
the grounds that a lift to the upper floors of the apartment block had not been
provided, commenting that the development should be designed ensuring ease of
access for all by adopting inclusive design principles that deliver adequate provision
for all people including those mobility impairments.
Further he agreed that full contributions towards the provision of educational
facilities in line with planning guidance were not being offered. He commented that
the methodology within the guidance is robust, founded on policy, and is
unambiguous. As the proposed development would put pressure on local school
facilities, the developer should make the full contributions as required.
2.15
Change of use of apartment number 45 to use as a site office and hair/beauty salon
(Lounge and Bed 1 will be salon. Bed 2 will be site office) at 45 Bellevue Court,
Pen-y-Bryn, Wrexham (Application Code No. P/2009/0370) (Mr Kerry Wytcherley) Allowed.
The ease of access to the site, its location close to mixed development and busy
nature of the area will minimise disturbance caused by the development. Availability
of parking in the locality, town centre location and proximity to residential areas
mean proposal is unlikely to lead to a significant level of additional congestion or
lead to ad-hoc parking.
3.
RECOMMENDATION
That the report be noted.
4.
BACKGROUND INFORMATION
Application files and Inspector’s Decision Letters.
5.
WEBSITE INFORMATION
None.