Page No 1
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Community
Code No
Applicant
Recommendation
ESC
P/ 2007/0265
Watkin Jones Homes
GRANT
CHI
P/ 2007/0324
WRG Waste Services
Ltd
REFUSE/
GRANT
MAE
P/ 2007/0493
Eatonfield Homes Ltd
GRANT
MAE
P/ 2007/0494
Eatonfield Homes Ltd
GRANT
ERB
P/ 2007/0496
Mr S Wingett
GRANT
LLA
P/ 2007/0497
Waste Recycling Group
GRANT
ROS
P/ 2007/0513
Mr Scott Jones
GRANT
P/ 2007/0577
Mr B Evans
GRANT
MIN
P/ 2007/0604
D R Kershaw
GRANT
WRC
P/ 2007/0614
Mr M Davies
GRANT
WRO
P/ 2007/0621
W M Rollings Ltd
GRANTE
SES
P/ 2007/0622
Mr Edward Henry
GRANT
RHO
P/ 2007/0626
Mr Paul Evans
GRANT
SES
P/ 2007/0629
Mr M Kagan
GRANT
CEF
P/ 2007/0634
Harron Homes
GRANT
WRC
P/ 2007/0637
Mr Philip Burgess
GRANT
RHO
P/ 2007/0651
Mrs M Palmer & Mrs L
M Dutton
GRANT
MIN
P/ 2007/0654
Mr & Mrs B Tietze
REFUSE
ROS
P/ 2007/0656
Mr & Mrs R Singh
GRANT
COE
P/ 2007/0657
Wrexham County
Borough Council
GRANT
Page No
Page No 2
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
COE
P/ 2007/0667
Elizabeth Oldfield
GRANT
GRE
P/ 2007/0669
Mr & Mrs I Bushnell
REFUSE
WRC
P/ 2007/0670
Mr D A Brockhurst
GRANT
RHO
P/ 2007/0676
Mr J Radford
GRANT
WRC
P/ 2007/0677
Mr S Williams
GRANT
LLA
P/ 2007/0701
Mr & Mrs White
REFUSE
SES
P/ 2007/0708
Mr & Mrs D Humphries
GRANT
LLR
P/ 2007/0732
Mr J T Jones
GRANT
GRE
P/ 2007/0735
Mr Mostab Sarwar
REFUSE
GRE
P/ 2007/0736
Mr Mostab Sarwar
GRANT
CEF
P/ 2007/0741
C G Tyrrell
REFUSE
WRA
P/ 2007/0744
P & S Jones
REFUSE
GWE
P/ 2007/0755
Mr Nick Barwell
GRANT
BRO
P/ 2007/0781
Arqiva
GRANT
WOR
P/ 2007/0793
Mr B Butler
GRANT
CEF
P/ 2007/0815
Mr & Mrs J Parry
REFUSE
ROS
P/ 2007/0830
Mr & Mrs Whittaker
GRANT
Total Number of Applications in Report:
37
All plans included in this report are re-produced from Ordnance Survey Mapping with the permission
of the Controller of Her Majesty’s Stationery Office.  Crown Copyright. Unauthorised reproduction
infringes Crown Copyright and may lead to prosecution or civil proceedings.
WCBC Licence No. LA0902IL
All plans are intended to be illustrative only and should be used only to identify the location of the
proposal and the surrounding features. The scale of the plans will vary. Full details may be viewed on
the case files.
Page No 3
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0265
LOCATION:
Land off Wrexham Road Rhostyllen
Wrexham
DATE RECEIVED:
05/03/2007
COMMUNITY:
Esclusham
DESCRIPTION:
Residential development (72 dwellings)
and associated highway and drainage
works
CASE OFFICER:
SJG
WARD:
Ponciau
APPLICANT(S) NAME:
Watkin Jones Homes
AGENT NAME:
Watkin Jones Homes
Mr G W Owen
_____________________________________________________________________
THE SITE
The site is on the south side of Wrexham Road between the car dealership and the
plant hire depot. It adjoins the Glan-yr-Afon brook. It has an area of 1.1 hectares
prepared for development under previous permissions. Access is via the access
serving the adjoining vehicle showroom/ repair garage to the west, and a new footway
is proposed along the site frontage.
PROPOSAL
The erection of 72 flats (30 two bedroom on 2 floors at 1st and 2nd floor levels, 12 one
bedroom on 2 floors at ground and 1st floor levels and 30 one bedroom at ground floor
level). The dwellings are arranged in 10 blocks of two and three storey units fronting
Wrexham road and grouped around the road and parking areas. The buildings are to
be constructed in facing brick, render and tiles.
Page No 4
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
This application was considered at Planning Committee held on 4th June 2007,
following receipt of an appeal against non-determination. It was resolved as follows:
(i)
That the Inspector determining the Planning Appeal be informed that the
Council considers that the appeal should be dismissed because:1 The development would create an unattractive layout of dwellings
dominated by large parking areas and would be contrary to policy GDP1(a) of
the adopted Wrexham Unitary Development Plan.
2 The development does not make adequate provision for the required type,
layout and long term controls for affordable housing to meet the housing needs
of the locality and is therefore contrary to policy H7 of the adopted Wrexham
Unitary Development Plan.
3 The development of the site for residential purposes adjacent to the sites
which are in industrial/commercial uses is liable to result in unsatisfactory
living conditions for residents and/or would result in the restriction of uses of
the industrial/commercial sites to protect residential amenity.
(ii)
That the stability of the adjoining tip be brought to the attention of the
Inspector but not form a reason for defending the appeal.
UPDATE
Since the appeal was lodged the applicants have submitted revised details to address
two of the issues as follows:
1. Site Layout
A revised scheme has been submitted, showing a reduction in visitor parking
provision and an increase in green areas around the building. The parking provision is
now 1 space per unit plus 18 visitor spaces (compared with 20 in the scheme
considered by committee).
The revised scheme achieves an improved layout of the space between the main
blocks and provides for additional amenity space for residents. The large expanse of
car parking within the site has been reduced, but the space is still dominated by car
parking. Therefore the objection on layout grounds remains.
2. Affordable Housing
The provision has been clarified to consist of 18 dwellings- 10 of the 1 bed two storey
(duplex) units of 39m2 and 8 of the 2 bed two storey units of 51m2. The affordable
units will be the subject of 125 year leasehold agreements with allocation managed by
Cymdeithas Tai Clwyd. The resale value will be linked to average local incomes as
calculated annually by the WCBC Housing Alliance. The detailed location of the
affordable units will be subject to agreement.
The Council’s Principal Housing Strategy Officer confirms that the revised unit types
and details are acceptable, subject to a legal agreement.
Page No 5
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
3. Education Contributions
It should also be noted that the Council would require contributions for school places
in accordance with LPG 27 and the developer be asked to provide a Unilateral
Obligation under section 106 Town & Country Planning Act 1990 to the Inquiry.
RECOMMENDATION
That the Council informs the National Assembly for Wales that if the decision had
rested with them they would have refused it for reasons of design and incompatibility
but not affordable housing and that the Inspector be advised of the concerns re tip
stability.
_____________________________________________________________________
Page No 6
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0324
LOCATION:
Pen y Bont Landfill Site Pen-y-Bont
Works Chirk Wrexham
DATE RECEIVED:
14/03/2007
COMMUNITY:
Chirk
DESCRIPTION:
Variation of condition No. 2 of planning
permission Code No. 5/10572 to permit
continuation of landfil operations until 6th
October 2015
CASE OFFICER:
KH
WARD:
Chirk North
AGENT NAME:
AXIS
APPLICANT(S) NAME:
WRG Waste Services Ltd
_____________________________________________________________________
SITE
Pen-y-bont landfill site is located approximately 300m to the east of Newbridge and
approximately ½ mile to the village of Pentre to the south. Chirk is approximately 4m
to the south. The landfill is located within a former quarry situated within a meander
of the easterly flowing River Dee. The site is bounded to the north, east and south by
the river and to the west by the B5605 Newbridge Road.
Surface water
settlement
lagoons
Landfill
area
Capped area
Dwellings
Access
Page No 7
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The site covers a total area of approximately 209,500 sq m of which approximately
84,900 sq m is used for the restoration of Pen-y-Bont clay quarry. The site is
accessed off the B5605.
The closest residential properties are located at the site access and with Pen-y-bont
Farm, Hayside and Waterside Barn approximately 100m to the west of the landfill.
PROPOSAL
The proposal is to continue landfilling for a further eight years to enable the complete
restoration
HISTORY (dating back to 1993 landfill permission)
5/10572
Restoration of a claypit by infilling with controlled waste.
Granted 05.08.93
CB01195
Discharge of conditions (5(ii), 5(vi), 5(vii), 8, 10, 11, 12) of planning
permission 5/10572. Granted 25.06.97.
CB01231
Variation of conditions 7, 8, 10, 11 and 12 of planning permission
5/10572 to allow commencement.
CB01329
Discharge of conditions 5(i), 5(iii), 5(iv), 5(v) and 5(viii) and 7 of
planning permission 5/10572 Condition 7 discharged by default once
all the elements of Condition 5 have been addressed. Granted
11.09.07.
CB02632
Extension to the size of the existing settling lagoons. Granted 24.11.98
CB02630
Construction of grass filter beds to settle out suspended solids from
surface water. Granted 08.02.99
P/1999/0138 Installation of leachate storage tank, bunding, pipework and odour
control unit. Granted 10.02.00
P/2000/0304 Stabilisation of three soil slopes and construction of one surface water
lagoon. Granted 26.06.00
CB/1996/0243 Use of land for environmental monitoring purposes comprising the
installation of ground water monitoring boreholes and access thereto
via existing claypit. Granted 05.02.01
P/2001/0682 Export from stockpile of clay material for engineering works off site.
In retrospect Granted 24.10.01
P/2002/0261 Gas flare and electricity generation equipment. This also includes a
revised site restoration scheme. Granted 08.07.02
P/2003/1074 Variation of Conditions 4, 6 and 8 of planning permission P/2000/0304
relating to the maintenance and aftercare of surface water lagoon and
slope stabilisation to extend time for submission of details and allow
submission of schemes after commencement of development. Granted
22.10.03
DEVELOPMENT PLAN
The site is outside settlement limits. UDP policies PS2, GDP1(a) (quality of
development, landscape), EC1 (green barrier), PS11, GDP1(h) and EC6 (ecology,
GDP1(f) (amenity), GDP1(d) (highways), E12 (flooding) and MW12 (waste
management) and MW13 (waste disposal), refer.
Page No 8
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
National Policy and Guidance
Planning Policy Wales (March 2002), TAN 21 (waste), TAN 15 (flood risk), TAN 5 –
(Nature Conservation and Planning) are relevant.
Wise About Waste, The National Waste Strategy for Wales 2002.
CONSULTATIONS
Community Council:
LM Cllr I Roberts:
Adj LM Cllr T Evans:
Public Protection:
Highways:
Welsh Water:
Environment Agency:
CCW:
Object. Considers that the residents in the area should
not have to endure further nuisance from smell, dust,
noise, vermin and heavy lorry traffic etc associated with
the dumping of waste. They recommend that the
application should be refused and the site closed and
landscaped.
Supports the application on basis time extension is
required.
Notified 15.03.07
No objections in principle – EA permit controls cover
relevant matters
No objections on basis existing access has served the
landfill for a number of years with no significant
problems. Conditions required regarding use of wheel
wash and vehicles sheeted to prevent mud and debris on
the road.
No objections.
No objections. Whilst it is acknowledged that part of
the site lies in a zone C2 and TAN 15 indicates that highly
vulnerable development should not be permitted in this
zone, the application relates to a development with an
extant permission and issues relating to flood risk and
drainage will have been taken into account during the
determination of that application. The Environment
Agency does not consider a Flood Consequences
Assessment is required and are satisfied that the current
PPC Permit for the site provides adequate controls to
prevent environmental impacts arising from the operation.
The permit will remain in force after the completion and
restoration of the site, until such time as the site represents
no further environmental risk.
Holding objection until various issues are resolved:
- a test of likely significance and appropriate
assessment of the proposal on the adjacent River
Dee and Bala Lake SAC required;
- applicant must demonstrate existing monitoring and
maintenance programmes will continue for as long
as it is necessary to ensure the continued protection
of the SAC/SSSI;
- measures should be in place for leachate removal
and methane recovery;
Page No 9
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
-
Other Representations:
concern that as a part of the site is within a flood
plain granting permission for the application without
imposing conditions may result in contaminated
materials or liquids entering the SAC/SSSI;
- a protected species survey is required;
- proposed extension to the operational life will result
in continued adverse landscape and visual effects
until final restoration is complete;
- review of existing consent should be completed.
Pentre Environmental Group:
Grave reservations to extend the active life of the tip.
Aware of concerns regarding the possible future
reduction in landfill void in the area but much has been
made in the press about a waste incinerator being built
on the Wrexham Industrial Estate which is supposed to
deal with the majority of waste. Local residents,
have put up with extreme convenience for 15 years.
Concerns with regard to flies and bluebottles with
blame apportioned on the proximity of the landfill,
believing they breed there, increase in rats in nearby
gardens and ever present litter, mostly blowing from the
vehicles. The litter blows into private gardens and
looks unsightly on roads and hedgerows. Vehicles fail
to sheet up before leaving the site, whilst mud and clay
on the road often needs clearing up which happens
infrequently. Frag gets left on the road which looks like
hardcore and drivers will try to avoid which is a
potential safety hazard. Odour and dust are additional
problems.
Pentre Residents Action Group:
Concerns that rigorous controls when the site was first
granted permission will be diluted. Concerned that as
the site is surrounded by the River Dee which is the
drinking watersource for millions of people and must be
protected. Further concerns re:
- flies, odours, litter from wagons leaving the site and
blowing into gardens, fields and the road.
17 individual letters objecting on basis of:
- Flies major problem
- Vermin
- Mud on road
- Odours from waste and gas
- Dust from vehicles in particular and dust off site
- Council policy is to discourage landfill and
encourage recycling
- Litter from vehicles which are not sheeted leaving
the site
- Concerned leachate will enter the river and impact
on nearby nature conservation sites
Page No 10
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
-
5 Site Notices:
Press Notice:
Quality of water for drinking purposes in Dee will
be compromised
- Records need to be kept for monitoring complaints
- Continuance of heavy traffic on adjoining road and
traffic calming required to avoid speeding
- Vibration from heavy vehicles and associated noise
- Reduction of property prices
- Landform not important as area has a variety of
landforms
- Already have Flexys, Cadburys and Kronospan to
contend with
- Gas problems with burners going out and causing
health problems
Expired 25 April 2007
Expired 4 May 2007
SPECIAL CONSIDERATIONS/ISSUES
Proposal: The former clay pit has been restored through landfilling since October
1997 and it was envisaged at that time that the site would be fully restored by October
2007. If landfilling were terminated then all three phases of the site would be
incomplete with cells 2 and 3 having significant voids. The reason for this is that
there has been lower than expected waste inputs over the past 10 years.
Investigations by the applicants have indicated that the early cessation would not be a
viable option as the resultant landform would be likely to result in a number of longterm environmental and maintenance issues in respect of surface water, management,
leachate and landfill gas control with overly steep and potentially unstable final
gradients.
To create a sustainable long-term landform it is considered necessary to fully restore
the site to ensure no future adverse environmental impacts. To achieve this the
applicants have calculated that the landfill would need a further eight years based on
current waste inputs.
The proposals do not involve an extension to the landfill or involve any new or
different types of waste. The site is classified as a landfill for non-hazardous waste.
The landform and landscape restoration proposals remain largely unchanged from
those previously consented. The main differences is that a belt of planting is now
proposed between the existing established woodland on the south of the site and the
existing mature woodland to the north and additional screen planting to the east of cell
3, on the eastern boundary of the site.
Justification to extend the timescale for continued tipping: Planning permission
5/10572 limits the life of the tip to 10 years (ie to 6 October 2007). The remaining
void at the site is approximately 1.1 million cu m and based on projected waste levels
of circa 140,000 tonnes per annum it will require a further eight years to complete the
restoration.
Page No 11
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The applicants have submitted a detailed supporting statement which include the
potential consequences of ceasing landfill in October and attempts to restore the site
as it stands. The following concerns have been raised and attempting restoration of
the existing land would:
 Compromise the efficiency of the site’s environmental controls. Surface water
management problems would potentially lead to ponding over the waste mass,
leading to cap degradation, infiltration and associated leachate generation and a
reduced effectiveness of the environmental control systems due to submerged
areas.
 The leachate management system would be compromised due to the cap being
partially submerged and a reduced efficiency due to adverse pipework on
gradients and extraction points under a potential water body or on excessively
high steep slopes. Landfill gas control with horizontal pipework on adverse
gradients and steep gradients affecting the siting of gas wells could give rise to
blockages and reduce the effectiveness of the collection system;
 Lead to a reduction in efficiency and maintenance associated problems would lead
to long-term environmental and maintenance issues. Apart from the obvious longterm environmental impacts, such as the integrity of the landfill and pollution
problems, odours to detriment of the nearby residential amenity and implications
the River Dee with a subsequent adverse impact on the integrity of the SAC
(Special Area of Conservation), it also raises potential long-term surface water
pumping requirements and the increased potential for long-term infiltration of
surface water leading to the creation of excessive leachate volumes and increasing
pumping requirements.
 Slope stability. Steep gradients are susceptible to erosion, whilst there would be
long-term concerns over the stability of exposed quarry slopes which would
otherwise have been lined and filled against and thus made stable. Instability of
unlined residual quarry faces could give rise to slope failure with resulting damage
to both the capping and lining system, whilst ponding and steep slopes would
result in increased strain on the capping system with increased risk of defects and
failure.
 Formation of an unsatisfactory restoration profile. The restoration of the existing
landform would present steep gradients, valley features and low lying areas and an
incongruous landform, concerns about long-term stability and maintenance and a
feature which would reduce the beneficial afteruse significantly.
I consider a strong justification has been provided to clearly illustrate the potential
problems and consequences associated with the cessation of tipping and attempts to
restore the existing landform. The environmental implications with regard to surface
water management, leachate control, landfill gas collection, stability issues, potential
compromising of the capping could be significant and considerable and would have
long-term consequences.
Cessation of tipping would also provide a landform at odds with the surrounding area
and visually unattractive. Aesthetically the final landform proposed by a full
restoration of the site would present a much more natural landform sympathetic in the
context of the surrounding landscape character.
Need: The applicant provides an analysis of the need for landfill capacity in the
context of the Pen-y-bont proposal. Reference is made to Relevant National Policy
Page No 12
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
and Guidance in the National Waste Strategy for Wales 2002 and TAN 21 (Waste)
and a commitment to more sustainable waste management in respect of re-use,
recovery and recycling waste, improving the overall quality of the environment,
protecting areas of designated landscape and nature conservation, reducing the impact
on communities and minimising the environmental impacts. Whilst landfill is seen as
the least desirable option and as set out in the Landfill Directive, there needs to be a
move away from the traditional disposal of waste, it is recognised there will be a
period where landfill will still be seen as the most practicable option and LPAs must
ensure adequate capacity.
The Waste Strategy for Wales 2002 considers capacities within Wales and within
regions and the requirements for Regional Waste Plans. The North Wales Waste Plan
was adopted by WAG in 2004 and the applicant refers to the fact the capacity
available at Pen-y-bont would have been included within calculations for remaining
capacity. Extending the operational life would ensure that the remaining landfill
capacity is fully utilised and would assist in meeting existing and future landfill
capacity requirements.
The supporting statement also presents a general overview of National, Regional and
Local Policy and guidelines regarding waste management planning policy and the
most effective way of making decisions on waste in accordance with the Best
Practicable Environmental Option (BPEO) and the acknowledgement that European
Legislation on Waste will require a tighter stance on waste management. An
assessment has been made of the proposal with a conclusion that clearly demonstrates
the proposed development conforms to relevant planning policies and guidance.
I consider that given the on-going requirement for landfill, whilst more sustainable
options are fully developed and made operational, the existing remaining capacity
which helps meets national and regional requirements and the recognition that
landfill, though reduced, will still be required for some waste, justifies the need for
extending the lifespan of the landfill. I am satisfied that the scheme is in accordance
generally with waste policy and guidance.
Landscape and visual Assessment/Restoration Scheme
A landscape and visual assessment accompanies the application which assesses the
potential landscape and visual impacts of the proposed extension of time of landfill. It
considers the existing landscape and landscape character and the previously consented
restoration scheme.
A revised landscaping and restoration scheme is provided which seeks to regularise
the position through the inclusion of a clear consolidated landscaping scheme. The
scheme is for a landscape of wooded belts, agricultural fields with hedgerow
appropriate to the character of the locality. The restoration scheme remains largely
unchanged with the key differences being a belt of planting proposed between the
existing woodland on the south of the site and the existing mature woodland to the
north. The only other significant change relates to additional screen planting to the
east of Cell 3.
Page No 13
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The supporting document recognises that some visual impacts would occur over this
period from restoration operations, but to the same degree as expected from the
current approved restoration scheme. To mitigate some of these visual impacts,
particularly from Newbridge, additional woodland planting including 10% of fast
growing poplar and willow is proposed along the currently completed western edge of
the landfill site. Planting and seeding of the rest of the site would move clockwise
around the site margins, over time unifying the landscape framework before the core
of the site is completed.
The cessation of landfill operations and restoration would result in only a partially
restored landscape, with a resulting unnatural landform and disturbed landscape,
remaining a prominent feature and adversely impacting upon local landscape
character and views.
Amenity
Noise: Objections have been raised by residents in the area with regard to noise
concerns. The applicants have identified vehicle manoeuvring (including reversing
alarms) and engineering activities within the site as the key areas for noise generation.
They have further indicated that the only noise complaints recorded in recent years
were received at the end of 2006. The complaints related to a noisy piece of
machinery on the site which was quickly rectified by the site’s management team.
I am conscious the permission seeks to extend the timescale and will not present new
areas of landfill and operations will be substantially the same as existing operations.
During the proposed extension of time, landfill operations would be to the centre and
south of the site and existing screen planting and mounding to the south and east
should help reduce the potential for noise to adversely affect nearby residents.
I am satisfied that the existing condition to restrict sound levels to not exceeding
60dB(A) Leq 1hr, at one metre from the façade of any residential property, is still
appropriate to protect nearby amenity. The limits to noise levels, restricting hours of
operation to those previously approved and a condition requiring operational noise
levels from audible reversing warning devices will ensure noise from the operations
of the site will not significantly impact on nearby amenity.
The PPC (Pollution Prevention Control) Permit also controls noise and vibration at
levels likely to cause annoyance outside of the site.
I am satisfied the continuing operations at the site will not significantly impact on
residential amenity.
Dust: There is a potential for dust emissions predominantly from site vehicle
movements along haulage routes in dry conditions and the transport of waste
materials in and out of the site. The mitigation measures currently employed at the
site include transport of waste material in enclosed or sheeted vehicles, site speed
limit for waste delivery vehicles, effective site management and the use of dust
suppression systems.
Page No 14
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Whilst I am aware that objections have been raised with regard to dust generation, I
am satisfied the mitigation measures would ensure airborne dust could be effectively
managed to ensure amenity is not compromised.
I am satisfied the existing PPC (Pollution, Prevention, Control) Permit administered
by the Environment Agency can adequately deal with issues of dust.
Odour: Odour is another cause of concern for local residents and there are a number
of potential sources of odour:
Waste materials, such as wastes from transfer stations which have decomposed
significantly prior to landfilling;
Old waste disturbed by digging;
Malodorous wastes such as food wastes;
Exposed leachate;
Poorly sealed leachate or gas wells;
Landfill gas
The applicant recognises that a number of complaints in respect of odour have been
recorded at the site in past years. These complaints are all registered in the site
management system together with details of the verification/remedial action taken on
each occasion, where appropriate. The majority of complaints were received in the
period 2001-2002. The level of complaints resulted in the site management reappraising the problems of odour and it was subsequently ensured that those areas of
the site which were not being worked were covered by a temporary plastic or clay
cap. This was implemented in the autumn of 2002 and the applicants have advised
that since that time there have been no significant odour related issues at the site.
The site management plan for minimising nuisance associated with odour is achieved
by normal good landfill practice which includes:
Adequate compaction of the waste;
Speedy disposal and burial of malodorous wastes;
Effective use of appropriate types of daily cover;
Effective landfill gas management;
Effective leachate management; and
Rapid burial of excavated waste
The PPC (Pollution, Prevention, Control) Permit ensures compliance with regards to
odours generally whilst controlling emissions and monitoring of leachate and landfill
gas.
I am satisfied that the management plan to mitigate problems of odour and the
controls of the PPC will prevent any significant problems of odour to nearby
residents.
Windblown Litter: Windblown litter is another source of potential nuisance and an
area raised as a problem by residents. Similar to other potential nuisances referred to
above good operating practices can minimise the impact of litter.
Page No 15
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The applicants refer to design features already incorporated within the landfill and the
mitigation measures adopted as good practice all help to minimise wind blown litter.
Measures include:
 Transport of waste material in enclosed or sheeted vehicles.
 Waste compacted as deposited.
 Site inspected for litter on a regular basis.
 Waste that is specifically affected by the wind would be deposited at the base of
the working face and hence immediately covered.
 Effective site management.
 Litter fencing where appropriate.
 The covering of waste with inert material at the end of each working day.
Litter is similarly a potential impact which can be managed and enforced by the
Environment Agency through the PPC Permit for the site…
I am satisfied that with good management and the control and enforcement regime in
place, litter can be controlled to ensure no significant impact on nearby properties or
the general visual amenities of the area.
Vermin (rodents, flies and birds): Rodents, flies and scavenging birds are attached
to landfills as sources of food and shelter, as well as being brought to the site with the
waste inputs. The applicants have recognised that prompt burial and compaction of
the waste to deny access to the food and shelter is the main requirement to control the
vermin, along with routine visual inspections and pesticide use where appropriate.
Objections have been raised by residents with regards to vermin and flies in particular
and an increase recently in flies and rats. In April of this year, when residents were
responding to the consultation, flies were a particular problem.
The applicants use various mitigating measures to address potential problems
including:
 Speedy burial of loads containing any putrescible wastes in the working face;
 Limited extent of the working area;
 The covering of waste with inert or other suitable material at the end of each
working day;
 The compaction of waste to remove voids;
 Regular inspections for pests and vermin;
 Appointment of an outside contractor to monitor and control pests and vermin
(including birds if necessary);
 Routine inspection of waste delivered to the site.
With regard to bird scaring techniques a range of measures are available and
implemented by the operators of the landfill to discourage scavenging birds.
The problems associated with rats and flies cannot be necessarily linked to the landfill
but I am satisfied that controls are in place to ensure no significant problems emanate
from the landfill.
Page No 16
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
As referred to above Pen-y-bont landfill site operates under a PPC Permit issued and
managed by the Environment Agency. Included in support of the Permit was a
comprehensive amenity risk assessment which included risks to amenity posed by
noise and vibration, odour, particulate matter, litter, birds and vermin and mud on the
highway. In issuing the permit the Environment Agency was satisfied that subject to
conditions in the permit and monitoring requirements, environmental and amenity
issues could be adequately controlled. The permit has recently been varied but the
control of the above issues remain and the permit does require periodical review of
management plans to ensure the systems in place are adequate.
I am satisfied with the existing and proposed controls the extension of time for
landfilling will have no significant adverse effect on nearby amenity.
Highways: The existing site access has been used for approximately 10 years with
little detrimental impact on the adjoining highway. It is however important that all
vehicles leaving the site use the wheel washing facility and vehicles are sheeted. This
will ensure no mud or materials are deposited on the road to the detriment of highway
safety.
Highways are unaware of any capacity problems on the existing highway network
caused by vehicles using the site.
Ecology: An ecological assessment of the site accompanies the application. The
report includes details of an ecological walkover survey, a protected species risk
assessment and recommendations for future surveys.
The majority of the site is active landfill and this area was not surveyed with the
survey concentrating on bare ground to the south, semi improved grassland to the
west of the site and around settling lagoons in the north and semi broad-leaved
woodland on slopes of the site perimeter. Special efforts were focussed for signs of
badgers, water voles and bats. No evidence of water voles was found and apart from
an old spraint there was no further evidence of otters. The lagoons are man-made and
not within 500m of any other ponds and isolated from the distant pond network by the
presence of the River Dee to the north, east and west and landfill to the south, makes
it extremely unlikely Great Crested Newts are present. Fresh badger prints were
found on a muddy haul road but no further evidence of badgers or setts were found.
The woodland at the site does contain several mature trees which could be suitable for
roosting bats but given the substantial woodland in close proximity to the River Dee
corridor, it is likely to contain an abundance for other such potential roosts. Breeding
birds could be present within the site during March-August.
The report concludes that the continuance of tipping would not affect any of the
important habitat or species receptors noted above directly. Whilst potential for
indirect impact could occur such as vehicle movements, noise, dust etc it is not likely
to increase beyond current usage and therefore the net impact from continued tipping
would be negligible. Recommendations to carry out further surveys prior to
disturbance of previously inactive areas or any arboricultural work are recommended.
Page No 17
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
I am satisfied that subject to the recommendations for further surveys the continued
tipping at the site should not affect any of the ecologically important habitat or species
receptors referred to in the report.
The applicants have an existing set of procedures and these, in conjunction with the
recommendations of the Ecological Assessment, will ensure species or habitats are
not adversely affected. However, I am conscious of CCW’s concerns and am
awaiting CCW’s comments on the report and recommendations.
Impact on the River Dee and Bala Lake SAC (Special Area of Conservation) and
SSSI (Site of Special Scientific Interest).
The site lies within 40m of the SAC.
In addition, the site is also within 2km of the following sites of nature conservation
importance:
 Nant-y-Belan and Pryrela Woods SSSI (600 metres from Pen-y-bont Landfill).
 Tan-y-Cut Wood Site of Nature Conservation Importance (SNCI), 1km from Peny-bont Landfill. (SNCI contain habitat features of local importance).
 Dee Bank Meadows SNCI (800 metres from Pen-y-bont Landfill).
 Hopyeard Wood/Darland Wood SNCI (200 metres from Pen-y-bont Landfill).
 Dee Valley Woods SNCI (500 metres from Pen-y-bont Landfill).
 Bathground Wood SNCI (1km from Pen-y-bont Landfill).
CCW have expressed concerns that the integrity of the River Dee and Bala Lake SAC
to the east will be compromised with the extension of time and the potential for
environmental harm with regards to leachate, surface water, landfill gas and long-term
monitoring of the site. Flooding of the site is also a concern. Discussions are ongoing
with the CCW. I am currently finalising an Appropriate Assessment of a Proposal
likely to have a Significant Effect on a European Site, required under the
Conservation (Natural Habitats & c) Regulations 1994 – Regulation 48. The
Assessment considers the impact of on-going tipping on the conservation interest of
the site.
The PPC controls the potential pollution aspects – leachate ground water, surface
water, landfill gas, flooding through a strict site management system and rigorous
monitoring and periodical review of existing procedures. To obtain the Permit and
satisfy the Environment Agency with regard to nature conservation a comprehensive
habitat risk assessment accompanied the permit application. At that time the River
Dee was a candidate to the SAC status and the Environment Agency were satisfied
that the development would not compromise the habitats or species within that site.
The PPC requires financial provision to meet obligations on site and this provision
shall be maintained throughout the period of the permit which is throughout the
operational phases and after the completion and restoration of the site and until such
time as the site represents no further environmental impact.
Development does not encroach onto the SAC and does not affect it directly. The
PPC through controls referred to above ensures no indirect impact.
Page No 18
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
I am not aware of any particular problems with regard to the existing operations and
on the basis of the above controls I am satisfied the integrity of the SAC or other
conservation sites within 2km will not be compromised.
The Appropriate Assessment will however be subject to CCW’s acceptance and
should this not be forthcoming, would have to be referred to the Welsh Assembly
Government.
Conclusion: I am satisfied a justification has been made to extend the tipping at the
site. Whilst landfill is recognised as the least desirable option for waste management
it is recognised from a waste policy context that there will be a requirement for ongoing landfill, especially whilst more sustainable options are pursued and developed.
The utilisation of the existing remaining capacity for waste at the site will also help
meet national and regional requirements.
Cessation of tipping and restoration of the existing landform would be likely to
present significant problems. The environmental impacts with regards to surface
water management, leachate control, landfill gas collection, stability issues and
potential compromise of the capping and could have long-term implications.
The final landform would be unnatural and visually unacceptable in the context of the
surrounding landscape character.
With regard to residential amenity whilst I appreciate some problems have been
experienced with regards to the site I am satisfied the Pollution, Prevention, Control
Permit administered by the Environment Agency is an all encompassing means of
controlling the site and the environmental impacts. It also enables the review of
existing procedures through management systems and I am satisfied amenity issues
can be adequately controlled.
I am awaiting further comments from CCW with regards to the Assessment carried
out by the Minerals Planning Authority on the potential impacts on the River
Dee/Bala Lake SAC/SSSI and the wildlife survey of the Pen-y-bont site provided by
the applicant. CCW acceptance of the schemes is required.
My recommendation is therefore in two parts.
RECOMMENDATION A
Should the nature conservation/wildlife issues not be fully resolved prior to
Committee, I be given delegated powers to continue discussions with CCW to resolve
any outstanding issues and to determine the application accordingly.
RECOMMENDATION B
Should the issues be resolved prior to Committee then I recommend permission be
GRANTED.
Page No 19
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
CONDITION(S)
1.
The development hereby permitted shall cease and the site shall be restored in
accordance with the approved restoration scheme not later than 6 October 2015,
unless otherwise previously approved, in writing, by the Mineral Planning Authority.
2.
There shall be no treatment no leachate generated by the development hereby
permitted on the site.
3.
All waste haulage vehicles leaving the site shall pass through the wheel wash
facility. Vehicles shall only leave the site when their wheels and chassis are clean.
4.
The development hereby permitted shall be undertaken so as to ensure that
during the permitted hours of operation the LAeq (1 hour) shall not exceed 60 dB(A)
as measured 1 metre from the facade of any residential property, save for the purposes
of temporary operations comprising bund cell formation, slope stabilisation, tree
felling and any other operations approved for the purpose of this condition by the
Mineral Planning Authority, in writing. The period of such temporary operations
shall not exceed 13 weeks in any period of 52 weeks.
5.
Unless otherwise previously approved in writing with the Mineral Planning
Authority, except in the case of emergencies and for essential pumping and for
essential maintenance and repair of plant and machinery, the operations hereby
permitted shall only be undertaken between the hours of 07.30 and 17.30, Monday to
Friday and 07.30 and 13.00 on Saturday. There shall be no work on any Sunday or
Statutory Bank Holiday.
6.
An outline aftercare scheme for the site shall be submitted for the written
approval of the Minerals Planning Authority within three months of the date of this
permission or any other date as agreed, in writing, by the Minerals Planning
Authority. The outline aftercare scheme shall relate to the phased restoration scheme
submitted within the application, or any subsequently amended restoration scheme.
7.
Any trees or shrubs removed, dying, being severely damaged, or becoming
seriously diseased within five years from the completion of each phased 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 Minerals Planning
Authority.
8.
Any areas of grassland which fail within five years are to be re-seeded and
established, unless otherwise approved, in writing, with the Minerals Planning
Authority. The aftercare of each phase shall be carried out strictly in accordance with
the approved scheme, unless otherwise agreed in writing with the Minerals Planning
Authority.
9.
Prior to undertaking site planting and grass seeding of each phased scheme,
details of soil depths, the nature of restoration soils and methods for producing an
adequate soil for plant establishment, shall be submitted to and approved, in writing,
by the Mineral Planning Authority. The works shall be carried out strictly in
accordance with the details as approved.
10.
Prior notification shall be submitted in writing to the Mineral Planning
Authority in October of each y ear, to confirm planting areas which will be
undertaken during that winter's planting season. Detailed planting proposals and an
establishment and maintenance specification based upon the approved Restoration
Scheme 349-01-005 June 07 shall be submitted to and approved by the Mineral
Planning Authority. Works shall be carried out strictly in accordance with the details
as approved unless otherwise agreed, in writing, with the Mineral Planning Authority.
Page No 20
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
11.
Site aftercare meetings shall be undertaken every year during April between
the Waste Recycling Group and the Minerals Planning Authority to discuss planting
failures, remediation and aftercare programme and to allow for modifications to the
aftercare programme where appropriate.
12.
Prior to disturbance of any previously inactive areas or any proposed
arboricultural work, a comprehensive survey shall be undertaken for any protected
species or habitats by a suitably qualified Ecologist. The report of survey shall
include details of any mitigation measures required and these measures shall be
approved by the Minerals Planning Authority and completed in accordance with
timescales to be agreed as part of the measures before work commences on inactive
areas or the trees.
REASON(S)
1.
To ensure that the development is completed in a reasonable period
2.
To avoid nuisance to nearby residents or pollution of nearby waters.
3.
To ensure mud is not deposited on the adjoinnig highway in the interests of
highway safety and the general visual amenities of the area.
4.
In the interests of nearby residential amenity.
5.
In the interests of nearby residential amenity.
6.
In order to bring the site to an appropriate standard for the intended afteruses.
7.
In order to bring the site to an appropriate standard for the intended after uses.
8.
In order to bring the site to an appropriate standard for the intended afteruses.
9.
In order to bring the site to an appropriate standard to the intended afteruses.
10.
In order to bring the site to an appropriate standard for the intended afteruse.
11.
To ensure the restoration scheme is to an appropriate standard for the intended
afteruse.
12.
To ensure the proposal does not harm protected species/habitats in the interests
of the conservation of wildlife.
_____________________________________________________________________
Page No 21
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0493
LOCATION:
Land to the rear of Ash Cottage
Bettisfield Whitchurch
DATE RECEIVED:
13/04/2007
COMMUNITY:
Maelor South
DESCRIPTION:
Erection of 5 no. detached dwellings.
CASE OFFICER:
KH
APPLICANT(S) NAME:
Eatonfield Homes Ltd
WARD:
Overton
AGENT NAME:
Eatonfield Homes Ltd
_____________________________________________________________________
P/2007 /0493
THE SITE
Application
site.
Application
P/2007/0494
currently being
Next
considered
application
An area of approximately 0.42 hectares to the north-east of Ash Cottage which is on
the main road leading south out of the village. The site is adjoined by residential
properties to the north-east, open countryside to the south and open land to the north
west which has outline permission for nine properties.
PROPOSAL
As above.
Page No 22
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
P/2006/0962
P/2005/1057
Outline permission for the erection of 5 no. dwellings.
Granted 06.12.06
Outline planning permission for 9 no. dwellings.
Granted 05.12.05
DEVELOPMENT PLAN
Within the settlement limit. Policies GDP1, PS2 and EC4 refer.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Welsh Water:
Environment Agency:
CCW:
Other Representations:
Site Notice:
Consulted 18.04.07
Notified 18.04.07
No objections subject to conditions
No objections in principle
No comments
Is of the view that further development in the area
should be refused until a foul sewerage system is
installed to serve the village and the Agency would
encourage the implementation of a scheme to introduce
a public foul sewer to the Bettisfield area. The Agency
does not accept the proliferation of cesspools as a viable
long-term sewerage option as there are potential
environmental, amenity and public health problems.
Recommends conditions if the Council is minded to
approve.
Appears to be a pond on site and may support
amphibians or mammals protected under provisions of
the Wildlife and Countryside Act 1981. Presence of
protected species would mean the requirement of a
licence issued by the Welsh Assembly Government.
5 letters of objection on grounds:
- Impact on light, privacy and view.
- Extra traffic will increase highway danger to
vehicular and pedestrian users.
- Extra noise from use of the development.
- Concerned that hedgerow is to remain and
additional tree planting is carried out.
- Will change the character of Bettisfield.
- Concerns regarding drainage and high water table
does give problems with the dispersal of storm
water and critically household sewage.
- Provision of additional houses with no additional
services.
Expired 24.05.07
Page No 23
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
SPECIAL CONSIDERATIONS/ISSUES
Proposal: The application is a reserved matters application with outline planning
permission granted 06.12.06. A reserved matters application for nine dwellings,
which shares the same access onto the classified road P/2007/0494 and adjoins the site
is the next item on this agenda.
Visual Impact/Amenity: The proposal is for three 21/2-storey dwellings and two 2storey. Whilst properties are substantial in the context of other nearby properties, I
am conscious that over recent years Bettisfield has witnessed a number of new
developments, particularly larger properties. Distances to boundaries, retention of
existing hedgerow and additional tree planting to strengthen the boundary will
consolidate a successful transition with the open countryside to the south-east.
With regard to the impact on privacy, light and visual intrusion, the Council’s
minimum adopted separation distances are exceeded.
Highways: The proposed traffic calming measures indicated on the approved
drawings are not considered appropriate. However, the principle of the development
has previously been established and Highways are raising no objections. However, a
condition will be required to provide a scheme of traffic calming measures.
Education: Contribution for school places will be necessary and a section 106 legal
agreement will be required.
Ecology: The pond referred to by the CCW no longer exists.
Drainage: The Environment Agency and nearby residents have expressed concerns
regarding foul drainage proposals. The Agency does not consider cesspools to be a
sustainable option and further development should be discouraged until a foul
sewerage system is introduced.
The outline permission established that cesspools would be acceptable and the
applicant followed the sequential test for foul water drainage set out in Welsh Office
Circular 10/99 in arriving at that decision. Whilst I agree that it is not the most
sustainable option, I am satisfied that on the basis the tanks are properly designed and
maintained, there should not be any problems.
Sustainability: The proposal will retain extensive indigenous hedgerow and mature
trees on the three critical boundaries to open countryside and with a landscaping
condition requiring the retention of oak trees to enhance the biodiversity of the site. A
condition requires the applicants to consider sustainable drainage systems.
Conclusion: I am satisfied the scheme is acceptable in terms of the design and the
impact on the surrounding countryside. Existing and proposed tree planting will help
integrate the new development. Proposed traffic calming measures will ensure the
additional traffic can be safely accommodated on the adjoining highway. My
recommendation is however in two parts to enable a financial contribution to offset
the shortfall in educational facilities.
Page No 24
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and Country
Planning Act 1990 requiring payments towards the shortfall in educational facilities.
The Chief Planning Officer be given delegated authority to settle the final form and
content of the Obligation.
RECOMMENDATION B
On completion of the Obligation, planning permission be GRANTED subject to the
following conditions:CONDITION(S)
1.
The development hereby approved shall be commenced before 6 December
2011.
2.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
Notwithstanding the approved plans, details of the finished floor levels of the
proposed dwellings in relation to surrounding dwellings shall be submitted, in writing,
for the further approval of the Local Planning Authority. Works shall only be carried
out strictly in accordance with the details as approved.
4.
All foul drainage shall be contained within sealed and watertight cesspools,
fitted with level warning devices to indicate when the tank needs emptying.
5.
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.
6.
Within six months of the first use of the development, trees and shrubs shall be
planted on the site in accordance with a scheme which has been submitted to and
approved by the Local Planning Authority. Any trees or shrubs removed, dying,
being severely damaged, or becoming seriously diseased within five years of planting
shall be replaced by trees or shrubs of a similar size and species to those originally
required to be planted.
7.
The erection of fencing for the protection of trees and hedges shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of a scaffold framework in accordance with Figure 2
of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to
resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres.
Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This
fencing shall be erected at the full extent of the canopy of each tree and shrub.
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 without the written permission of the Local Planning Authority.
Page No 25
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
8.
No trees or hedging indicated on the approved plans to be retained shall be cut
down, uprooted or destroyed, nor shall any tree or hedge be pruned other than in
accordance with particulars which have had the prior written approval of the Local
Planning Authority. Any trees or hedges removed, dying, being severely damaged or
becoming seriously diseased shall be replaced by trees or hedging of a similar size
and species.
9.
The proposed estate access road and footpaths indicated on the approved
drawings, shall be constructed to Hihgway Authority adoptable base coat standard
prior to any of the dwellings hereby approved being occupied.
10.
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 bits 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.
11.
Notwithstanding the approved plans full details of detached garages shall be
submitted, in writing, for the further approval of the Local Planning Authority.
Works shall only be carried out strictly in accordance with the details as approved.
12.
No windows, doors or other openings shall be inserted into the gable
elevations of the Llangorse house type, other than those indicated on the approved
drawing.
13.
Construction works, ancillary works and 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 19:30 (Monday to Friday) and 08:00 to 14:00 (Saturday) and at no time on
Sundays or Bank Holidays.
14.
Notwithstanding the approved plans, prior to the commencement of
development, full details of the detailed layout, design and means of traffic calming
the classified road shall be submitted to and approved, in writing, by the Local
Planning Authority. The works, as approved, shall be implemented prior to any of the
dwellings hereby approved being occupied.
15.
Notwithstanding the approved plans, full details of the proposed access onto
the classified road shall be submitted, in writing, for the further approval of the Local
Planning Authority. No dwelling shall be occupied until the roadway from the site to
the public highway has been constructed to Highway Authority adoptable standard.
Page No 26
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
REASON(S)
1.
To comply with Section 92 of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To protect the amenities of the occupiers of nearby properties.
4.
To prevent pollution of underlying groundwater.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
6.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
7.
To protect trees which are of significant amenity value to the area.
8.
To protect landscape features which are of significant amenity value in the
area and which would ensure a satisfactory standard of appearance the development.
9.
In the interests of highway safety.
10.
To ensure proper drainage of the site.
11.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
12.
To protect the amenities of the occupiers of nearby properties.
13.
To protect the amenities of the occupiers of nearby properties.
14.
In the interests of vehicular and pedestrian safety.
15.
In the interests of vehicular and pedestrian safety.
NOTE(S) TO APPLICANT
With regard to Condition 05 details should include infill/strengthening of existing
hedgerows.
You should be aware that certain amphibians and mammals including the Great
Crested Newt are protected species under provisions of the Wildlife and Countryside
Act 1981. Presence of a protected species would mean the requirement for a licence
issued by the Welsh Assembly Government.
With reagrds to condition 5 the scheme should include for the provision of boundary
oak trees in the gardens of plots 3a 4a and 5a
_____________________________________________________________________
Page No 27
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0494
LOCATION:
Land to the rear of the former Nags Head
Bettisfield Whitchurch
DATE RECEIVED:
13/04/2007
COMMUNITY:
Maelor South
DESCRIPTION:
Erection of 9 no. detached dwellings.
CASE OFFICER:
KH
WARD:
Overton
APPLICANT(S) NAME:
Eatonfield Homes Ltd
AGENT NAME:
Eatonfield Homes Ltd
_____________________________________________________________________
THE SITE
For plan see previous (p/2007/0493) report)
An area of 0.923 hectares of grazing land off the eastern side of the main road through
Bettisfield and the rear of the Old Nags Head. Cadney Lane runs to the east of the
site. Residential properties lie on three sides with fields to the south.
PROPOSAL
Reserved matters application for 9 dwellings which comprises three 2½ storey
dwellings and six 2 storey dwellings.
HISTORY
P/2004/1408 Erection of 15 two storey dwellings. Refused 07.03.2005
P/2005/1057 Outline application for 9 dwellings. Approved 05.12.05
DEVELOPMENT PLAN
Within settlement limit. Policy GDP1 applies.
CONSULTATIONS
Community Council
Local Member
Public Protection
Highways
Welsh Water
Seven Trent Water
Consulted 19.04.07
Notified 19.04.07
No Objection
No Objection provided condition regarding traffic
calming is attached. Scheme currently proposed is not
acceptable and discussions are on-going between
highways and the applicant.
No Comments
Drainage Details to be conditioned, incorporating
sustainable drainage principles
Page No 28
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Environment Agency
Other representations
Site Notice:
Advise against further development until a main drain is
provided within the area. The agency does
not accept the promotion of proliferation of cesspools
as a viable long term sewerage option as there are
potential environmental amenity and public health
problems. Recommends condition if the Councils is
minded to approve the development.
5 letters of objection on grounds of:
Adverse impact on amenity by virtue of loss of light,
privacy and loss of views.
Existing boundary fences are inadequate and more
substantial boundary treatment required
Extra traffic will increase highway danger to vehicular
and pedestrian users
Extra noise from construction of the site and extra noise
after development built
Will change character of Bettisfield
Provision of additional houses with no additional
services. Traffic claming measure inadequate to restrict
speeds.
Expired 24th May 2007
SPECIAL CONSIDERATIONS/ISSUES
Visual impact: The scheme comprises a combination of 2 and 2½ storey detached
dwellings. Whilst properties are substantial, there are other substantial properties in
close proximity and over recent years Bettisfield has witnessed the erection of a
number of particularly large properties. Given the location with existing properties,
and proposed dwellings on land to the south east I do not consider the properties will
be out of character or too dominant.
Highways: Proposed traffic calming measures indicated on the approved drawings
are not considered appropriate. Discussions are ongoing between the developer and
highways to agree an acceptable scheme. The principles of the development have
been established and highways are raising no objections. A condition will be required
of a scheme of traffic calming measures.
I am satisfied a scheme is achievable which will ensure no adverse impacts on
vehicular or pedestrian safety.
Ecology: The pond referred to by CCW on the adjoining site no longer exists.
Sustainability: The proposal will retain indigenous hedgerow tot he boundaries and
existing trees which will retain the biodiversity value with the possibility of existing
tree planting for further enhancement. A condition requires the applicants to consider
feasibility of sustainable drainage systems.
Education: Contribution for school places will be necessary and will need to be in a
section 106 agreement.
Page No 29
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Drainage: The Environment Agency and nearby residents have expressed concerns
regarding foul drainage proposals. The Environment Agency does not consider
cesspools to be a sustainable option and further development should be discouraged
until a foul sewerage system is introduced.
The outline permission established that cesspools would be acceptable and the
applicant followed the sequential test for foul water drainage set out in Welsh Office
Circular 10/99 in arriving a decision. Whilst I agree it is not the most sustainable
option I am satisfied that on the basis the tanks are properly designed and maintained,
there should not be any problems.
Residential Amenity: Concerns have been expressed that the properties will
compromise existing amenity and involve a loss of privacy/light to existing
properties. Generally the Councils adopted separation distances are complied with but
I have requested amendments to the locations of three properties where distances are
slightly substandard. I am confident the slight re sitings will be achievable and this
will ensure no loss of privacy/light but I am awaiting amendments and will need to
carry out some additional limited consultations when amended plans are received.
Details of boundary treatment will be required with existing hedging to be retained
and new fencing between proposed properties and existing where no boundary
enclosure currently exists.
General: With regards to the lack of community facilities the principle of
development was established with the granting of outline permission Local planning
authorities have to follow carefully National Government Advice and care in pursuing
gains unrelated to the development proposed and I did not feel able to request
additional facilities at the outline stage.
Conclusion: I am satisfied the scale and design of the development is appropriate
and proposed traffic calming measures will ensure the additional traffic can be safely
accommodated on the adjoining highways. My recommendation however is in three
parts as amended plans for the siting of a limited number of dwellings is required to
ensure adequate separation distance whilst financial contribution to offset the shortfall
in education facilities will be required.
RECOMMENDATION A
Delegated powers be given to the Chief Planing Officer to deal with the application
on receipt of amended drawings which overcome the space standard issues and to
carry out additional consultation, subject to no significant new issues being raised.
RECOMMENDATION B
That the Council enters into an obligation under Section 106 of the Town & Country
Planning Act 1990 requiring payments towards the shortfall in education facilities.
The Chief Planing Officer be given delegated authority to settle the form and content
of the obligation.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
RECOMMENDATION C
Subject to completion of the Section 106 obligation Planning Permission be Granted
subject to the following conditions.
CONDITION(S)
1.
The development hereby approved shall be commenced before 4 December
2010.
2.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
3.
Notwithstanding the approved plans, details of the finished floor levels of the
proposed dwellings in relation to surrounding dwellings shall be submitted, in writing,
for the further approval of the Local Planning Authority. Works shall only be carried
out in strict accordance with the details approved
4.
All foul drainage shall be contained within sealed and watertight cesspools,
fitted with level warning device to indicate when the tank needs emptying.
5.
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.
6.
Within six months of the first use of the development, trees and shrubs shall be
planted on the site in accordance with a scheme which has been submitted to and
approved by the Local Planning Authority. Any trees or shrubs removed, dying,
being severely damaged, or becoming seriously diseased within five years of planting
shall be replaced by trees or shrubs of a similar size and species to those originally
required to be planted.
7.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of a scaffold framework in accordance with Figure 2
of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to
resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres.
Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This
fencing shall be erected at the full extent of the canopy of each tree and shrub.
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 without the written permission of the Local Planning Authority.
8.
No trees or hedging indicated on the approved plans to be retained shall be cut
down, uprooted or destroyed, nor shall any tree or hedge be pruned other than in
accordance with particulars which have had the prior written approval of the Local
Planning Authority. Any trees or hedges removed, dying, being severely damaged or
becoming seriously diseased shall be replaced by trees or hedging of similar size and
species
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
9.
The proposed estate access road and footpath indicated on the approved
drawings, shall be constructed to Highway Authority adoptable base coat standard
prior to any of the dwellings hereby approved
10.
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 bits 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.
11.
Construction works, ancillary works and the use of plant or machinery audible
at or beyond the site boundary shall only be carried out between the house of 07.30
and 19.30 (Monday to Friday) and 08.00 to 14.00 (Saturday) and at no time on
Sundays or Bank Holidays.
12.
Notwithstanding the approved plans, prior to the commencement of
development, full details of the detailed layout, design and means of traffic calming
the classified road shall be submitted to and approved, in writing, by the Local
Planning Authority. The works, as approved, shall be implemented prior to any of the
dwellings hereby approved being occupied
13.
Notwithstanding the approved plans, full details of the proposed access onto
the classified road shall be submitted, in writing, for the approval of the Local
Planning Authority. No dwellings shall be occupied until the roadway from the site to
the public highway has been constructed to Highway Authority adoptable standard.
14.
No windows, doors or other openings shall be inserted into any gable elevation
of any of the dwellings hereby approved, other than those indicated on the approved
drawings
15.
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).
REASON(S)
1.
To comply with the terms of the outline planning permission.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
3.
To protect the amenities of the occupiers of nearby properties
4.
To prevent pollution of underlying groundwater
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
6.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
7.
To protect trees which are of significant amenity value to the area.
8.
To protect landscape features which are of significant amenity value in the
area and which would ensure a satisfactory standard of appearance the development
9.
In the interests of highway safety
10.
To ensure proper drainage of the site.
11.
To protect the amenity of the occupiers of nearby properties
12.
In the interests of vehicular and pedestrian safety
13.
In the interests of vehicular and pedestrian safety
14.
To protect the amenities of the occupiers of nearby properties.
15.
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.
NOTE(S) TO APPLICANT
With regard to condition 05 details should include infill/strengthening of existing
hedgerows.
You should be aware that certain amphibians and manmmals including the Great
Crested Newts are protected species under provisions of the Wildlife and Countryside
Act 1981. Presence of a protected species would mean the requirement for a licence
issued by the Welsh Assembly Government.
Your attention is drawn to Highway Supplementary Notes numbered 1, 3-9 inclusive
on teh enclosed "Applicants Rights and General Information".
The separate written consent of the Local Highway Authority must be obtained before
any work is carried out within the confines of the highway.
_____________________________________________________________________
Page No 33
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0496
LOCATION:
The Garden House Erbistock Wrexham
DATE RECEIVED:
16/04/2007
COMMUNITY:
Erbistock
DESCRIPTION:
Change of use of existing orangery/antique
store to form holiday accommodation unit.
CASE OFFICER:
CB
APPLICANT(S) NAME:
Mr S Wingett
WARD:
Marchwiel
AGENT NAME:
John R Miles, RIBA
_____________________________________________________________________
Access
The Garden House
Nursery
House
Proposed
Conversion
Graveyard
SITE
An existing garage/orangery and antique store located in the rear garden of The
Garden House which is an agricultural worker’s dwelling associated with the
adjoining nurseries .
Page No 34
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
PROPOSAL
As above.
HISTORY
6/19781
Erection of Dwelling for agricultural worker : Granted 2/12/1991
CB/03487
Domestic garage/store Granted 12/8/1999
P/2000/0061 Demolition of existing garage and construction of orangery, garage and
store: Granted 10/04/2000
DEVELOPMENT PLAN
Outside settlement limit and within a Special Landscape Area. Policies PS2, GDP1,
CLF9, EC5 and T8 of the UDP are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Environment Agency:
Highways:
St Hilary’s Parochial Church
Council:
Welsh Water:
Site Notices:
Number of concerns raised in regards to previous
planning history, the demand or need for visitor
accommodation, access to graveyard, commercial
viability and use as a permanent residence.
Notified 17/04/2007
Unable to make full response due to workload
Low Prioritisation.
No recommendations and advisory note
No objection to proposal providing that access for
hearse and other funeral vehicles to the upper
graveyard are allowed to continue.
No comment given that the applicant intends utilising
private drainage facilities.
Expired 09/05/2007
SPECIAL CONSIDERATIONS
Parking: The proposal would increase parking provision from 3 spaces to 5 spaces,
and result in the loss of a double garaging space. The loss of two spaces plus the
increased parking provision would result in the requirement for all 5 spaces to be
provided for outside the house and in front of the converted building to the rear.
The agent has suggested that although the existing building has large double doors, it
have never been used as a garage. The loss of the garaging space could potentially
cause an issue in terms of visual amenity. The conversion building itself is set within
large grounds associated with the house and nursery and it is considered that this
would have limited visual impact from inside and outside the site, given the level of
landscaping and screening.
Existing Use: The existing garage is controlled by condition in terms of it use, and it
should remain ancillary to the main house. The loss of this domestic building could
create the requirement for an additional building, which is unlikely to be supported.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Impact on Amenity: The conversion would involve limited external changes and
there would be no habitable room windows on the ground floor facing the house. The
roof lights on the mezzanine first floor would be limited to the south roof slope of the
building and therefore limit any issues in terms of overlooking or loss of privacy.
Other Issues: The access arrangements between the Church Council and the
applicant, as mentioned above, are private arrangements. A separate driveway,
beyond the entrance and drive to the house serves the access to the graveyard. In
terms of Policy CLF9 there is no requirement for the applicant to demonstrate the
need for this visitor accommodation. The history of the site is a material consideration
in terms of this application proposal. The use of the building as visitor
accommodation would be restricted by condition and the change of use to residential
would require further planning permission.
Conclusion: The building is of post- 1948 brick and slate construction and thus
would not comply with criterion a) of Policy CLF9. However this criterion does not
appear in housing Policy H3 and thus conversion to residential (or employment) use
would be acceptable.. The proposal would comply with all other criteria of Policy
CLF9 and there are no objections in principle as the building is structurally sound and
complies with GDP1.
The agent has demonstrated that the building is structurally sound and capable of
conversion and that the conversion would involve limited external changes to the
external appearance of the building. The scheme itself would generate an increased
parking provision but this would be sited to the rear of the house and there would be
limited visual impact outside of the site given the level of landscaping within the site.
The site is set within large grounds and it is unlikely that the proposal would create
any access problems or negatively contribute to the appearance of the locality, accords
with Policy GDP1 and T8.
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.
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.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
You should ensure that any difference between the plans approved under the Town
and Country Planning Acts and under the Building Regulations is resolved prior to
commencement of development, by formal submission of amended plans.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
_____________________________________________________________________
Page No 37
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0497
LOCATION:
Astbury (Rossett) Landfill Dark Lane
Burton Rossett Wrexham
DATE RECEIVED:
16/04/2007
COMMUNITY:
Llay
DESCRIPTION:
Variation of condition no. 1 of Planning
Permission Code No. P/2001/0946 to allow
continued import and processing of inert
material for the purpose of a revised
restoration scheme to existing consented
restoration levels.
CASE OFFICER:
KH
WARD:
Llay
AGENT NAME:
Axis
APPLICANT(S) NAME:
Waste Recycling Group - NW Division
_____________________________________________________________________
SITE
A 28 hectare site adjacent to Llay Industrial Estate. The landfill is accessed off the
B5373 Rackery Lane.
Surface water
lagoon
Restored
landfill
Surface water
settlement
swale.
Access
Land to be
restored
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Background: Previously a sand and gravel quarry the landfill was established in
1977.
In general terms the landfill comprises three parts:
 North-western part of site adjacent to the access road includes an area of landfill,
completed in the mid 1990’s and now restored (known as the Dark Lane Landfill).
 The main area of landfill, lying to the south and east of the first area of landfill
and infilled with household waste under consents dated 1994 and 2001.
 An area filled with inert wastes on the northern boundary of the site.
PROPOSAL
Planning permission was granted in June 1994 for the extension to the tip area by
restoration of the sand and gravel quarry by landfilling (LLA/20806) with the
permission cease by 31 December 2001. P/2001/0946 granted consent to allow
continuance of waste disposal operations until December 2005 and requiring the
tipping of putrescrible waste to be complete by December 2005 and tipping of inert
waste by 31 December 2006. Restoration would be completed by December 2007.
The site closed to putrescrible waste in August 2005.This application seeks to vary
Condition 01 of planning permission P/2001/0946 to enable the continued import and
processing of inert waste purely for restoration purposes. Also to amend the
restoration plan from a scheme based on agricultural afteruse to a scheme based on
species rich grassland and woodland planting.
The current scheme of restoration and a predominantly agricultural use required
600mm of subsoil and 400mm topsoil. Due to the difficulties generally in accessing
sufficient quantities of good quality topsoil and the continued import of inert materials
would speed up restoration. The proposal does not seek to alter the timescale for
restoration but seeks to provide a revised scheme which does not need good quality
topsoil and seeks to ensure the consented timescale is more achievable.
A comprehensive supporting statement accompanies the application which includes:
 A clarification of the reasons for the requirement of the revised restoration
scheme.
 Details of the proposed restoration scheme and use of subsoils and soil forming
materials.
 Assessment of the potential impact on amenity with regards to noise, dust and
odour.
 A landscape and visual assessment.
 A five year aftercare programme.
HISTORY
6/3496
6/8784
6/15161
6/20806
New access and site roadway, car park, offices, weighbridges,
vehicular wheel wash and landscaping. GRANTED
Restoration of existing sand quarry by landfilling. Granted
06.06.1994
Page No 39
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
P/2001/0946
P/2005/0409
P/2006/0915
Variation of Condition Nos 2, 3 and 13 imposed under planning
application 6/20806 to allow continuance of waste disposal
operations until December 2005.
Construction of a landfill gas utilisation compound to control
and convert landfill gas into electricity. GRANTED 04.07.2005
Replacement leachate containment tank and associated
infrastructure. GRANTED 25.01.2007
DEVELOPMENT PLAN
The application site lies in open countryside. Policies PS1, GDP1 and MW8 refer.
CONSULTATION
Community Council:
Adjoining C.Council
Cllr D Broderick:
Cllr M Williams:
Adjoining Local Member:
Public Protection:
Highways:
Welsh Water:
Environment Agency:
CCW:
Other Representations:
Dark Lane & District
Residents Committee
Application should be refused on the basis of the
number of objectors and objections to the proposal.
No objections.
Notified 16.04.07
Objects to proposal on the grounds the original
restoration scheme was preferable and no further
materials should be brought onto the site as nearby
amenity would be compromised.
Notified 15.05.07
No objections on basis of proposed mitigation measures
and appropriate conditions.
No objections
Consulted
No objections
No objections
Object on the grounds that proposal will give rise to
additional disturbance to local residents over extended
period and over and above those that would arise under
the current approved restoration use. The revised
scheme would give additional noise from the power
screen, dust from screening of large volume of soils and
mixing of compost and odour from the introduction of
compost.
Concerns that visually the revised scheme would impact
on the amenity of local residents and out of character
with surrounding area, proposed scheme would require
deeper deposits of soils and importation of materials
would continue unabated, the issue of exemptions and
landfill tax needs careful consideration and consider that
the revised scheme cannot possibly be completed by the
end of December 2007.
11 additional letters of objection on grounds of
increased noise, dust, vibration and odours, vermin,
traffic, the visual impact of the restoration scheme on
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Site Notice:
amenity of nearby residents and the overall character of
the area, concern that Dark Lane entrance would be used
for vehicles other than private vehicles, contaminated
material would be brought in, concerned that material
has continued to be imported when site closed for waste,
concern as to why the Chapel Lane eastern boundary
phase which has been capped and restored will be
changed to woodland and requests for clarification on
various points of the proposal.
Expired 04.06.07
SPECIAL CONDITIONS/ISSUES
Revised Scheme: The revised scheme based upon woodland and species rich
grassland laid out for nature conservation purposes. (this replaces agricultural use)
A comprehensive supporting document has been provided with regards to the factors
that have lead to the change. The proposed agricultural end use required 400mm of
topsoil being placed over the subsoil to facilitate grass seeding for agricultural
purposes. Large quantities of clean quality soils are not readily available either local
or national level to complete large-scale restoration projects. It is becoming an
increasingly difficult situation to secure subsoils and topsoils.
Secondly, locally and nationally there is a move away from a presumption in favour
of retention of higher grades of agricultural land and wholesale changes to farming,
with farms looking at diversification from intensive production to such uses as nature
conservation.
The scheme proposed would not require the import of good quality topsoil but would
provide for planting which better establish on less fertile subsoils. Subsoils and soilforming materials derived from imported inert materials from groundwork contracts
mixed with imported compost would be used as the restoration layer. When contracts
are secured, materials are subject to a rigorous testing regime by an independent
examiner. The applicants follow the Environment Agency’s guidance and the
suitability of subsoil (and or/soil forming materials) for nature conservation use
subject to 1m in depth and used in conjunction with compost.
Concerns have been expressed by an objector that contaminated material could be
imported. When contracts are secured for material, the materials are subject to a
rigorous testing regime by an independent body and materials subsequently monitored
by the Environment Agency.
I accept that the operators are struggling to fulfil the requirement to provide the
required quantities of topsoil to complete the restoration scheme within the consented
timescale.
Capping of the site is substantially complete and whilst suitable material has been
spread over some of the remaining cells a substantial part of the site remains to be
restored. Large quantities of subsoils and screened soil-forming materials have been
stockpiled on site but approximately another 15,000m3 of material is required. The
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
company are confident this can be achieved by the deadline for restoration. On the
basis residential amenity can be protected, I am satisfied the relatively limited
increase of timescale to import additional inert materials, to expedite restoration, is
acceptable.
I similarly do not have concerns regarding the change of after-use. There is no longer
an overwhelming need to maximise restoration to agriculture and the uses now
proposed can have a significantly greater benefit than agriculture in terms of
landscape value and biodiversity. Local and national policy are supportive of this
position.
Amenity: A number of issues have been raised by nearby residents and the Dark
Lane and District Residents Association with regards to amenity and in particular,
increased noise and disturbance, dust and odour.
Noise: With the exception of a mobile power screen to screen imported inert material
similar machinery would be utilised for the existing approved restoration scheme.
The applicants supporting statement recognises that the mobile power screen does
have the potential to be the noisiest activity on site and consequently proposes
mitigation measures to ensure that noise levels do not exceed levels specified by an
existing planning condition. Levels of noise cannot exceed 55dBLAeq 1 hour as
measured 1m from the façade of any dwelling. The power screen would be located
within a topographical bowl in the compound area west of the inert landfill, with a
bund of soil around the north and east sides to the height of the hopper, to further
diminish any noise emissions. The screen would be used for probably only 3-4 hours
a day. Distances to the nearest properties are 150m to Rackery Bungalow and 300m
to Bank Farm and Sunny Bank Farm.
I understand that a power screen is already on the site to screen stockpiles of existing
material to minimise the duration of the activity on site and sited so as to minimise
any potential for noise behind the main site offices and inside stockpiled soils. I have
not been made aware of any complaints about its use.
I am satisfied that the revised restoration scheme will not be likely to increase noise
levels beyond the scheme previously approved. Potential noise from the power screen
can be addressed by the proposed mitigation and the existing condition controlling
noise levels will ensure amenity is not compromised significantly. There will also be
likely to be controls under the EA permit.
Dust: I would not anticipate any significant differences between the approved
scheme of restoration and the proposed with regards to the potential for dust.
Suppression methods which were conditioned by the previous approval would
similarly apply which includes use of a dedicated haul route and a bowser to dampen
and suppress as necessary. Location and measures to mitigate dust with bunding and
water suppression would ensure that any dust from the power screen was not operated
to the detriment of residential amenity.
Odour: Reference has been made by objectors to previous problems with odour and
to an Odour Abatement Notice which was served. The applicant has acknowledged a
number of historical complaints and acknowledged that an Odour Abatement Notice
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
was served on the company 10 years ago. Measures were subsequently been taken to
address the problem. They have also confirmed that areas containing biodegradable
fill have now been fully capped and sealed. The compost proposed to be used has a
high natural moisture content which prevents the material from becoming friable and
a potential source of dust.
The revised restoration scheme would depend on the use of compost which would be
used to improve the nutrient status to assist in the soil-forming process but does have
the potential to generate odour. To minimise odour issues storage on site will only
comprise the minimum amount of compost necessary for incorporation into the
restoration soils in one week and which complies with BS1 PAS 100 2005 standard.
To meet the required standards and before approval the compost needs to be fully
matured and rotted and have gone through a strict testing regime. Compost can
become malodorous on occasions but it will be spread onto the surface of the site
immediately and at the depth proposed there is little discernible odour.
Given the mitigation measures proposed and the short time period for use I would not
anticipate odour being a significant concern for nearby residents.
The waste management licence on the site regulated by the Environment Agency
would enable control over dust and odour generally.
Volume of traffic and imported material: The revised scheme will not significantly
increase vehicular movements compared to the approved scheme.
Concerns have been expressed that restoring to woodland rather than pasture would
require a greater volume of material with deeper soil depths than proposed, which
would require a greater importation of materials over a longer timespan. The
applicants are being guided by Environment Agency recommendations contained in
‘Technical Guidance on Capping and Restoration of Landfills’ which recommends
that for areas to be restored to woodland or nature conservation/species rich grassland
restoration soils should be placed to a settled depth of 1m.
The scheme does not involve an increase in height and the level would be similar
whether the approved scheme or the proposed scheme was implemented.
Visual Impacts: The revised restoration scheme seeks to change the pattern from
primarily an agricultural use with pockets of woodland to a scheme based around
woodland and species rich grassland for nature conservation purposes. The landscape
within the vicinity of the site comprises gently undulating pasture and arable fields.
To the north of the site a number of small stream courses flow north eastwards and
lined by mature trees and occasional tree groups which gives this area a semi-wooded
feel. Within the slightly wider context woodland cover over elevated land and steeper
landforms is common. The existing feature left to an agricultural use could be
considered to be more intrusive than the proposed scheme. The development of
woodland cover within the site would complement the landscape pattern over time
whilst providing valuable biodiversity.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Concerns have been raised by nearby residents that the revised scheme would visually
impact on the amenity of local residents with a final landform out of keeping with the
surrounding area but I cannot accept this for the reasons given
Conclusion: The proposal seeks to extend the period inert waste can be imported but
only in conjunction with the purpose of restoring the site whilst seeking to vary the
after-use to a scheme based on species rich grassland and woodland. The
Environment Agency would continue to control the import of material through the
existing Waste Management Licence.
I am satisfied the revised timescale for importing inert material will not significantly
impact on amenity and planning conditions and the control exercised by the Waste
Management Licence regulated by the Environment Agency will ensure this is the
case.
There is no longer a requirement to maximise agriculture and I consider the revision
would be of significant greater benefit to landscape value and biodiversity.
P/2007 /0497
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
No tipping of putrescrible waste shall be permitted and no tipping of inert
waste excepting where that inert waste is imported for the purpose of site restoration
shall take place after the 31 December 2007.
2.
Noise levels, expressed as a 1hr LA eq measured 1 metre from the façade of
any dwelling shall not exceed 55 db (A).
3.
The applicant shall implement the dust measures detailed in the supplementary
information provided in the letter dated 10 July 2007 during the duration of the
restoration period.
4.
No tipping shall take place outside of the hours of 0700 - 1800 Monday to
Friday or 0700 - 1200 on Saturdays and no vehicles or machinery other than private
motor cars shall be operated on the site except within 30 minutes of these times.
5.
In the event of emergency threatening public safety or likely to result in air /
water pollution, when it is necessary to undertake works / operations, the applicant
shall notify the Mineral Planning Authority at the earliest possible opportunity of the
works proposed / which have taken place and shall specify the hours of operation,
machinery operated and steps taken, proposed to mitigate the impact to nearby
residents.
6.
No vehicles shall be permitted to enter the site from Dark Lane, other than
private motor cars.
7.
The power screen shall only be positioned in the location identified on
approved drawing Figure 3 proposed location of the power screen.
8.
Aftercare of the restoration scheme shall be strictly in accordance with the
approved 5 year aftercare plan, unless otherwise approved in writing with the
Minerals Planning Authority. Any trees or shrubs removed, dying, being severely
damaged or becoming seriously diseased with five years of 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 Minerals
Page No 44
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Planning Authority. Any areas of grassland which fall within five years, are to be reseeded and established, unless otherwise approved in writing by the Minerals
Planning Authority.
9.
Site aftercare meetings shall be undertaken every year during April between
the Waste Recycling Group and the Minerals Planning Authority to discuss planting
failures, remediation and aftercare programme and to allow for modifications to the
aftercare programme where appropriate.
10.
Prior notification shall be submitted for the further approval of the Minerals
Planning Authority in October 2007, for confirmation of planting areas, detailed
planting proposals and an establishment and maintenance specification, based upon
Restoration Scheme 467-01-02 Rev B and outline aftercare scheme. Works shall be
carried out strictly in accordance with the details as approved.
REASON(S)
1.
In the interests of residential amenity.
2.
To protect the amenities of the occupiers of nearby properties.
3.
To protect the amenities of the occupiers of nearby properties.
4.
To protect the amenities of the occupiers of nearby properties.
5.
To protect the amenities of the occupiers of nearby properties.
6.
In the interests of highway safety and the amenities of the occupiers of nearby
properties.
7.
To protect the amenities of the occupiers of nearby properties.
8.
To ensure the restoration scheme is to an appropriate standard for the intended
after use.
9.
To ensure the restoration scheme is to an appropriate standard for the intended
after use.
10.
To ensure the restoration scheme is to an appropriate standard for the intended
after use.
_____________________________________________________________________
Page No 45
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0513
LOCATION:
109 Harwoods Lane Rossett Wrexham
DATE RECEIVED:
20/04/2007
COMMUNITY:
Rossett
DESCRIPTION:
Single storey utility room and garage
extension to rear and increasing height of
timber fencing to 1500mm.
CASE OFFICER:
LG
WARD:
Rossett
APPLICANT(S) NAME:
Mr Scott Jones
AGENT NAME:
Mr Scott Jones
_____________________________________________________________________
THE SITE
Proposed garage
and utility
extension
Previous extension
Conservatory at
adjoining property
PROPOSAL
As above.
HISTORY
P/2005/0202 - Two storey gable extension and single garage. Approved 26.04.05
Page No 46
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Outside settlement limit and within a designated Special Landscape Area. UDP
Policies GDP1, EC5 and PS2 and LPG Note Nos. 13 ‘Housing in the Countryside’, 20
‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Other Representations:
Site Notice:
Notified 24.04.07
Notified 24.04.07
One letter of objection received objecting on the
following grounds:
1)
The proposed utility room and garage will
undoubtedly block sunlight into the conservatory
and result in windows being opened onto a brick
wall.
2)
Due to where the sun falls the proposed garage
will block out evening sunlight considerably and
provide a view of a wall and rooftop.
Expired 17.05.07
SPECIAL CONSIDERATIONS/ISSUES
Background: The property lies outside of the settlement limit and within an area
designated as special landscape. However the site is located within a reasonably dense
ribbon development that is clearly residential. The property has been previously
extended in 2005 under planning code P/2005/0202. This permission was for a twostorey gable extension to the west elevation. This permission was also for a single
garage that is to be located on the northern boundary of the rear garden.
The current application is for a single storey utility room extension and a single
garage and to erect a 1.5 metre fence around the property. The proposed garage is 1m
shorter in both width and length than the garage approved under the previous
permission and it will be linked to the utility room with an internal access door.
Residential Amenity: The neighbouring property has a conservatory located on the
rear elevation adjacent to the boundary. It is unfortunate that the rear elevation is
north facing and as such receives very little direct sunlight. The proposed utility and
garage extension accords with the BRE daylight test on the door/window linking the
conservatory to the main dwelling, and the extension would not result in a detrimental
loss of daylight. A 1.8 metre high wooden panel fence separates the two properties on
the western boundary and the eaves of the extension would be about 0.6 metres higher
than the fence with the ridge height being a maximum of 3.3 metres. I do not consider
the height of the extension to be visually overbearing to the neighbouring properties.
Garden Area: The side boundary consists of a 1 metre high wooden post fencing. In
y view, raising this fencing by 0.5 metres would not have an adverse impact on the
street scene or affect the appearance of the property. The proposal will leave just
under 50 sq m of garden space and given the proximity to the countryside I do not
consider the shortfall to be detrimental to the amenity of the occupiers. As the
Page No 47
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
property occupies a corner plot and the extension complies with LPGN 20 in that it
does not compromise the openness of the plot.
Floor Area: The proposed extension, combined with the previous extension, exceeds
the limits set out in LPGN 13 for extensions to houses in the countryside. However
given the residential nature of the area ,I do not consider that an extension above this
limit would be detrimental the surrounding countryside.
Parking: The property requires three parking spaces in accordance with LPGN 16.
The garage will provide parking for one vehicle and there is room to accommodate
one further vehicle in front of the garage. The applicants have been granted consent to
drop the kerb and cross the footpath at the front of the property to accommodate a
third vehicle within the residential curtilage.
Conclusion: The extension would not have an adverse affect on the surrounding
countryside or special landscape area and does not detract from the existing street
scene.
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.
3.
The development shall only be carried out in accordance with the amended
plan(s) dated 15 June 2007.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
The permission hereby granted does not authorise encroachment upon, or interference
with the adjoining property.
_____________________________________________________________________
Page No 48
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0577
LOCATION:
Land North Of 1 Nantyr Road Glyn
Ceiriog Wrexham
DATE RECEIVED:
04/05/2007
COMMUNITY:
Llansantffraid Glyn
Ceiriog
DESCRIPTION:
Outline application of detached bungalow
widening of highway andl works to
retaining wall
CASE OFFICER:
SEH
WARD:
Ceirog Ganol/Ucha
APPLICANT(S) NAME:
Mr B Evans
AGENT NAME:
C Manfield
_____________________________________________________________________
THE SITE
An elevated plot of land, measuring approximately 600 square metres, adjacent to
No.1 Nantyr Road, Glyn Ceiriog.
PROPOSAL
As above.
Junction with B4500
Application Site
Proposed road
widening scheme
Page No 49
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
No Relevant History.
DEVELOPMENT PLAN
Within settlement limit. UDP Policies PS1, PS2, H2, T8 and GDP1 and LPG Notes
16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are relevant.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Welsh Water:
Environment Agency:
Other Representations:
Site Notice:
Concerns have been expressed in relation to the
proximity of the development to the junction of Nantyr
Road and the B4500.
Notified 09/05/2007 and re-notified on 15/06/2007
No objection subject to conditions.
No objection subject to recommended conditions.
No objections subject to appropriate notes.
Objections were received relating to the visual impact
of the proposed retaining criblock wall. Following
submission of amended plans and re-notification, these
objections were withdrawn. The only outstanding
concerns relate to drainage issues in the locality.
Expired 30/05/2006
SPECIAL CONSIDERATIONS/ISSUES
Background: All details including siting, landscaping, design and appearance are
reserved for subsequent approval. The main issue to consider relates to the impact on
the highway of an additional dwelling with access onto Nantyr Road, which will be
considered as part of this application.
Residential Amenity: The site is large enough to accommodate a single dwelling.
Having considered also the properties around the site, it is possible to achieve the
erection of a dwelling on this land in accordance with the Council’s separation
distances and guidance on ‘Space around Dwellings’. However, these details have
been reserved for subsequent approval and will be properly considered at the reserved
matters stage.
Highways: The proposed development will be served by Nantyr Road, which is a
classified road subject to a 30mph speed limit. The applicant has submitted plans
demonstrating the widening of the highway fronting the development, and to allow
the existing parking bay to be extended along the site frontage. This will provide
adequate parking for the development and provide improvements to the existing
narrow highway. These works are considered to be acceptable and will be secured by
planning condition.
It is not considered that the introduction of one dwelling would cause highway safety
issues at the junction of Nantyr Road and the B4500. Highways raise no objections
on this basis.
Page No 50
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Drainage: Concerns have been raised as to the capability of the drainage system to
cope with an additional dwelling, and that this development would compound existing
drainage problems in the area. Issues relating to existing drainage problems are not
relevant for this application, and public protection have been made aware of the
problems currently being experienced. Welsh Water have no objections.
Conclusion: The development accords with local policy and the proposed
development would not give rise to additional danger to road users.
P/2005 /106
P/2007 /0577
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 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 development shall be for one single storey dwelling only.
5.
As part of the reserved matters, full technical details for the design of the
retaining wall shall be submitted and development shall only be undertaken strictly in
accordance with such details as are approved.
6.
As part of the reserved matters full details of a scheme demonstrating the
construction of the parking bay and widening of the existing carriageway shall be
submitted.
7.
No development shall take place until a scheme of foul drainage and surface
water drainage has been submitted to and approved by the Local Planning Authority.
The approved scheme shall be complete before the development is occupied
8.
All foul drainage shall be directed to a foul sewerage system and all surface
water drainage to a surface water system unless otherwise agreed by the Local
Planning Authority.
9.
There shall be no discharge of surface water to the combined sewer system.
10.
No surface water run-off from the development site shall be allowed to flow
onto the highway.
Page No 51
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
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 that a satisfactory unit of residential accommodation is retained
within the premises and to protect the amenities of the occupiers of nearby properties.
5.
In the interests of highway safety.
6.
In the interests of highway safety.
7.
To ensure satisfactory drainage of the site and to avoid flooding.
8.
To ensure the proper drainage of the site and to minimise the risk of pollution
9.
There is insufficient capacity in the existing system to cater for additional
surface water flow.
10.
In the interests of highway safety.
_____________________________________________________________________
Page No 52
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0604
LOCATION:
Old Vicarage Cottage (New house
adjoining) Church Road Minera Wrexham
DATE RECEIVED:
14/05/2007
COMMUNITY:
Minera
DESCRIPTION:
Erection of garden tool shed.
CASE OFFICER:
SJG
APPLICANT(S) NAME:
D R Kershaw
WARD:
Minera
AGENT NAME:
D R Kershaw
_____________________________________________________________________
THE SITE
As above.
u rt
ll
th
Pa
Co
Playground
Issues
l5
Pl
ay
gr
ou
nd
Vicarage
21
Brookyou
7
Kingsley
Gwyndy
23
1
253.6m
Plas Gwyn
Cottages
RO
AD
o lm
LB
The
Vicarage
T he
Stables
Pencaes
OS Crown Copyright. WCBC Licence No. LA09021L
Sinks
gh
Sp
r in
Cottage
CH
3
Old Vicarage
UR
The Old
Post Office
2
Site
CH
1
Westmount
5
4
Berwyn
Plas
Bychan
PROPOSAL
P
la
s
Is
af
The erection of a wooden garden shed at the rear of the property. The structure would
measure 2.4m by 3m and is 2.4 metres to the ridge. The application was submitted for
a location 5 metres from the dwelling, but the applicant has agreed to a revised siting
1.2 metres from the dwelling (ie location B). Both locations are shown on the plan
below – the approval will relate to that position..
Page No 53
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The site was visited by the Committee before the house was built.
B
A
APPLICANT’S SUBMISSION
 Does not consider the 610m2 site to be over-developed as the dwelling has a
footprint of 100m2.
 The shed is only 2.4m high and there is a 1.8m fence. Therefore, it does not
overshadow the neighbouring house/garden.
 The plans are based on OS maps and are correct.
 The summerhouse is not large (12m2).
RELEVANT HISTORY
6/19451
Incorporation of agricultural land into residential curtilages
Granted 7/10/1991
P/2005/0361 Dwelling (outline)
Withdrawn May 2005
P/2005/0548 Dwelling
Granted 5/8/2005
P/2006/0716 Summerhouse and oil tank
Granted 4/9/2006
Adjoining dwelling (Springholm)
6/22322
Dwelling and access
Granted 11/7/1994
P/2004/0155 Extension over garage
Granted 30/3/2004
DEVELOPMENT PLAN
Within settlement and within Minera Conservation Area. Policies EC7 and GDP1 of
UDP are relevant, together with LPGN 4, 20 and 21.
Page No 54
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
CONSULTATIONS
Minera C Council:
Local Member:
Site Notice:
Other representations:
Consulted 14/5/2007
Consulted 14/5/2007
Expired 8/6/2007
Adjoining occupiers notified 17/5/2007
1 objection received:
a. The development is contrary to policy GDP1 of the
Wrexham UDP as the shed does not make a positive
contribution to the appearance of the locality.
b. Contrary to guidance on Conservation Areas as the
development would be visually obtrusive.
c. Development of rear gardens is restricted for structures
in rear gardens.
d. Site is already over-developed, with large area of
wooden decking yet to be added. The additional shed
would result in a cramped appearance inappropriate to
the plot size.
e. Detrimental impact on the adjoining property through
overshadowing and loss of outlook.
f. Additional clutter detrimental to amenity
g. Shed should be relocated to the other side of the site
h. Revised siting does not resolve the objections, and
makes the over-shadowing worse.
SPECIAL CONSIDERATIONS/ ISSUES
The previous permissions for both the garden extension (in 1991) and the new
dwelling (in 2005) both contain conditions requiring approval for any curtilage
structures. The 1991 permission goes further and states that “no buildings of any type
shall be erected on the site”. This condition is not a type that would be used under
current guidance, as it restrict dealing with subsequent applications. Therefore it is
considered that the current proposal should be considered on its merits.
The rear garden area of this plot is clearly visible from within the Conservation Area
(from the Pentre Area, near to Cae Mynydd on the B5426). Other rear gardens are
similarly visible. The permission for the dwelling now nearing completion requires
screening along the south-west boundary (by a suitable hedge) this shed will not be
unduly prominent and undesirable. The colour should be conditioned so as not to be
prominent. I am satisfied that on this basis it will preserve the appearance of the
Conservation Area.
The structure is not excessively high and whilst a small amount of view of the hills
across the valley will be lost, the overall impact on the amenities of the adjoining
dwelling is considered to be slight. There is already a screen fence between the two
properties, and the shed will be at the same level as the side path, some 0.5 metre
below the proposed raised decking and the floor level of the dwelling. It passes BRE
test in respect of either location. The revised siting closer to the dwelling is preferred,
Page No 55
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
as the structure would be less visible from the valley and would be seen against the
background of the dwelling.
Conclusion: The proposals are considered to be acceptable and permission should be
granted.
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.
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.
3.
Details of timber treatment and roof colour shall be submitted to the Local
Planning Authority before any part of the development is commenced and the
development shall only be carried out in strict conformity with such details as are
thereby approved.
4.
There shall be no raising of ground levels in connection with the development.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To enable the control of matters not detailed in the application in compliance
with the appropriate policies and standards
4.
To protect the amenities of the occupiers of nearby properties.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
The permission hereby granted does not authorise encroachment upon, or interference
with, the adjoining property.
_____________________________________________________________________
Page No 56
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0614
LOCATION:
Land off Abenbury Road Wrexham
DATE RECEIVED:
15/05/2007
COMMUNITY:
Caia Park
DESCRIPTION:
erection of 2 no. two bedroom semi
detached dwellings in lieu of one three bed
dwelling
CASE OFFICER:
LB1
WARD:
Whitegate
APPLICANT(S) NAME:
Mr M Davies
AGENT NAME:
Bleazard & Galletta LLP
_____________________________________________________________________
SITE
As above.
Substitution
of house type
Original area
of application
PROPOSAL
As above.
Page No 57
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
P/2004/1500 Residential Development and alteration to access. Withdrawn
P/2005/1133 Residential Development (6 no. dwellings) and alteration to existing
vehicular and pedestrian access. Granted 30/01/2006
DEVELOPMENT PLAN
Lies within settlement limit, GDP1, PS2, LPGN 21 & 16 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Environment Agency:
Public Protection:
Other representations:
Site Notice:
No objection
No observations
No objections
Welsh Water: No objections subject to appropriate
sewerage and drainage conditions being applied.
No comment
Contamination conditions from the previous application
have not been fully complied with so recommend they
are repeated on this application.
One letter of objection received
 The change of house type could potentially increase
further the noise of cars coming and going.
Expired 12/06/07
SPECIAL CONSIDERATIONS
History: The residential development was granted permission in 2005. The
development, as approved consisted of one bungalow, two semi detached properties, 2
no. detached two bedroom dwellings and 1 no. 3 bedroom detached dwelling.
This application seeks to replace the 3 bedroom dwelling with 2 no. semi detached
two bedroom dwellings.
Design & Amenity: The proposed design of the dwellings is in keeping with the
other semi detached properties on the site. The dwellings will face onto the new culde-sac road rather than Abenbury Road, however bay window features have been
incorporated into the side elevation so there will not be a blank wall facing Abenbury
Road. The materials to be used will match the other dwellings on site, this can be
ensured by condition.
The proposed new dwellings will not overlook any of the existing or proposed
neighbouring properties and meet the council’s requirements in terms of separation
distances.
Highways: The previous permission contained the appropriate conditions to ensure
that the new road was built to adoption standards. These conditions are still current
and a similar condition on this permission will not be required.
Page No 58
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The two proposed dwellings are provided with two parking spaces each. This meets
the requirements of LPGN 16. I do not believe that the provision of one additional
property should not have a detrimental impact on the amenity of neighbouring
properties with regards to an increase in noise.
Other considerations: Subject to the appropriate water management and
contamination conditions being part of any permission there is no objection to the
application.
Conclusion: The proposal to increase the number of dwellings by one will have a
minimal impact on the amenity of the neighbouring properties and I therefore
recommend that permission is granted.
P/2007 /0614
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.
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.
3.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
4.
No development shall take place within 3 metres to both sides of the public
sewer which crosses the site.
5.
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.
6.
Land drainage run-off shall not be permitted to discharge either directly or
indirectly into the public sewerage system.
7.
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.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
Page No 59
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
4.
To ensure access to the public sewer is maintained and to protect the building's
foundations if access is required.
5.
To ensure satisfactory drainage of the site and to avoid flooding.
6.
To ensure proper drainage of the site.
7.
In the interests of the amenities of the future occupants of the buildings
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.
Further advice on compliance with Condition No. 7 may be obtained by contacting
the Council's Environmental Protection Section on Wrexham 297041.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
All works, ancillary operations and the use of plant and machinery which are audible
at the site boundary shall be carried out only between 07.30 hours to 18.00 hours
Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays and at no time
on Sundays and Bank Holidays.
There shall be no bonfires on the site, to include the prohibition of the burning of
cleared vegetation.
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.
_____________________________________________________________________
Page No 60
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0621
LOCATION:
W M Rollings Ltd 49 Brook Street
Wrexham
DATE RECEIVED:
16/05/2007
COMMUNITY:
Offa
DESCRIPTION:
Erection of 3 storey warehouse.
CASE OFFICER:
SJG
APPLICANT(S) NAME:
W M Rollings Ltd
WARD:
Offa
AGENT NAME:
Lawray Partnership
_____________________________________________________________________
THE SITE
The site is on the south side of Brook Street and to the east of Lea Road.
Leased
land
Proposed
extension
PROPOSAL
On the north-east side of the premises to provide storage for the business. Existing
stores would be demolished. The building would provide 387m2 of floorspace and 2
additional employees would be taken on. External materials are brick walls and a
dark grey sheet mansard roof.
RELEVANT HISTORY
None.
Page No 61
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Adjoining site to north:
P/2006/0086 Erection of building to provide two shops, four offices and two flats
with 3 no. parking spaces and bin store. Refused 23/11/2006
DEVELOPMENT PLAN
Within the settlement limits and within a flood risk area (Zone C2). Policies E4 T8
EC12 and GDP1 are relevant, together with LPGN 16 and TAN15.
AGENT’S SUBMISSIONS
Parking ProvisionNo additional parking or delivery traffic is anticipated as a result of the proposed
extension. Additionally, as discussed the applicants are taking up a long-term lease on
the existing garage workshop on the corner plot next to the site. This will provide
ample replacement and additional parking.
This is an important site close to the Regeneration Area and accordingly the
elevational treatment of the proposed extension reflects the aesthetic of the existing
buildings. However none of the land adjacent to the site is in the ownership of the
applicants and that currently there are no known proposals for the immediate area.
Previous applications for the land in front of the proposed extension have been
abandoned following Environment Agency intervention.
The adjoining land (former Park Garage) has been acquired on a long-term lease.
This land more than compensates for the spaces lost by the development, and provides
a turning area.
CONSULTATIONS
Offa C Council:
object on highway grounds. Parking provision is already
restricted at the premises and will be reduced still further with
these proposals placing further pressure on the parking situation
on Lea Rd. As this is an important site in the regeneration area
members would like to see if possible comprehensive
development for the whole corner of Lea Rd/Brook St.
Local Members:
consulted 18/5/2007. Councillor R A Jenkins raises the
issues referred to by Offa CC
Highways:
No objections subject to parking provision now proposed.
Public Protection:
recommend contamination condition. Comments regarding
noise and health and safety
Env Agency:
The site lies within Zone C2. Given the nature and scale of
the proposed extension, a Flood Consequences Assessment
is not required in this instance.
Site Notice:
expired 11/6/2007
Other representations:
Adjoining occupiers notified 22/5/2007. No comments
received.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
SPECIAL CONSIDERATIONS/ ISSUES
Policy: Policy E4 of the UDP supports employment development on un-annotated
land within settlement limits, subject to compliance with policy GDP1.
Bridge Street/Brook Street Regeneration Area: The site is within the boundary of
the area as defined in the 2004 planning brief but there are no specific proposals
contained in the brief. The site is outside the regeneration area boundary as defined in
the Unitary Development Plan, to which policies H13 and H14 apply. The proposal
for improved facilities for an established local business does not conflict with the aims
of the Regeneration Area project. Whilst there is no doubt that comprehensive
proposals for this part of the area would be much preferable, it is clear from
discussions with landowners that there is no reasonable prospect of achieving that
objective in the foreseeable future.
Highways: The Brook Street access is used for goods traffic and customers use the
Lea Road entrance. The application will not result in the loss of any formal parking
spaces. The revised parking details have resolved the highway issues.
Flood Risk: The Environment Agency do not object based on the specific use of the
building for storage purposes.
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.
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.
3.
Prior to their use on the development, samples of all external facing materials
shall be submitted to and approved in writing by the Local Planning Authority. The
development shall only be carried out in strict accordance with such details as are
approved.
4.
No part of the development shall be occupied unless the vehicle parking and
turning areas indicated on the approved plans have been laid out, surfaced and drained
and are available free of all obstruction for parking and turning of vehicles associated
with the development site.
5.
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.
6.
The use of the building shall be strictly limited to storage in connection with
the adjoining premises.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
To 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.
5.
In the interests of the amenities of the future occupants of the buildings
6.
Due to the restricted car parking and servicing arrangements available.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
Further advice on compliance with Condition No. 5 may be obtained by contacting
the Council's Environmental Protection Section on Wrexham 297041.
You are advised that the premises shall comply with the Health and Safety at Work
etc Act, 1974 and you should contact the Council's Public Protection Department in
connection therewith.
Please note the attached comments from the Environment Agency and Public
Protection.
_____________________________________________________________________
Page No 64
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0622
LOCATION:
Bedwell Hall Bedwell Road Cross Lanes
Wrexham
DATE RECEIVED:
16/05/2007
COMMUNITY:
Sesswick
DESCRIPTION:
Erection of boundary wall (1.8 metres
high).
CASE OFFICER:
LG
WARD:
Marchwiel
APPLICANT(S) NAME:
Mr Edward Henry
AGENT NAME:
Mr Edward Henry
_____________________________________________________________________
THE SITE
applicant’s Ownership
Proposed Wall
Site
PROPOSAL
Erection of a wall with a wooden gate 1.8 metres high at the rear of Bedwell Hall.
HISTORY
P/2000/0940 –
P/2000/0941 -
P/2002/1029 P/2002/1042 -
Alterations and change of use of 3 no. redundant farm buildings
to residential. Granted on Appeal.
Listed Building Consent for alterations and change of use of 3
no. redundant farm buildings to residential use and demolition
of existing dwelling. Granted 28.06.01
Listed Building Consent for internal alterations and
refurbishment. Granted 14.03.03
Alterations to existing kitchen extension. Granted 26.03.03
Page No 65
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Within settlement limit. UDP Policies GDP1, PS2 and EC9 apply. Local Planning
Guidance Note 21 ‘Space around Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other Representations:
Object on the following grounds:
Bedwell Hall is a Grade II listed building and all matters
appertaining to it, including the boundary wall should be
dealt with through listed building consent. There is no
indication that this proposal has been submitted to
CADW.
No reasons are given for the proposed change to the
boundary wall or the proposed gate, which was not a
feature of the original proposal. The reasons must be
ascertained and questioned as, if it is the intention to
park vehicles in the courtyard, it would be extremely
unpopular with the neighbouring properties.
The proposal will encroach on a pleasant communal
amenity area of the courtyard and be detrimental to the
courtyards vista and overall attractiveness, and be less in
keeping with the countryside scene.
The proposal does not appear to be fully in accordance
with policies GDP1 and EC5 and should be referred to
CADW before a decision is made.
Consulted on the amended plans 20.06.07
The proposed boundary wall is situated adjacent to an
unadopted private access road and consequently will
have no detrimental effect on the public highway.
3 letters of objection received raising the following
concerns:
1. Any change to the courtyard area is unlikely to enhance
its appearance. The changes are more likely to detract
from it. The revised plans have no regard to the visual
amenity or the landscape and do not make a positive
contribution to the appearance of this rural area.
2. The applicant is the person least likely to be affected by
the appearance of the courtyard as it is at the back of
his property.
3. The installation of a gate in the wall would lead to the
assumption that the owner now intends to use this to
enter the rear of his property and potentially park there.
4. It is understood that the applicant currently does not
have a right of access through the courtyard and that
when the original planning permission for the
conversion of the barns was given it was agreed that
access both vehicular and pedestrian to 'Bedwell Hall
and 'Pipistrelle Ban' would be via Bedwell Road only
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
5.
6.
7.
8.
9.
Site Notice:
and no provision was to be made via Fern Close. This
was to keep the vehicular movement via Nant Clwyd
Estate to a minimum.
Concerned that if permission is granted he will use the
entrance and park there to unload goods through the
rear entrance that will be created resulting in cars being
parked in front of the houses which is totally
unacceptable.
As there is already an existing gate onto Fern Close on
the Eastside of the property a further access is
unnecessary.
The owner of Bedwell Hall appears now to want to
move his current boundary wall towards the line that
denotes his responsibility for the courtyard. Believe
that this sets a dangerous precedent for the other
properties to do the same.
The courtyard was designed the way it is for a purpose.
That was to enhance the area and protect the original
vision for Bedwell Hall and its surroundings.
The rationale for changing this now purely to give the
owner of the hall a bigger back yard, to a property
which already has a substantial amount of land
attached to it, appears to us to fly in the face of the
original vision, and demonstrates an extraordinary
level of insensitivity to the people who are active users
of the courtyard.
Expired 13.06.07
SPECIAL CONSIDERATIONS/ISSUES
Main issues: The main issue to consider is the impact of the proposal on the character
and appearance of the street scene, the setting of the listed building and the impact on
the amenity of the properties within the courtyard. This report refers to the amended
plans received on 15 June 2007.
Background: The proposal is to extend the wall and move the curved section
northwards to increase the size of the rear yard of Bedwell Hall. The proposal is also
for the incorporation of a new wooden gate for pedestrian access onto Fern Close.
The existing wall separates the rear yard area from the courtyard development on Fern
Close. The wall is constructed in a brick that matches Bedwell Hall and the
surrounding barns and has an attractive curved feature that loosely follows the shape
of the rear elevation of Bedwell Hall. It and the adjoining dwelling ‘Pipistrelle Barn’
are listed buildings and two of the barns within the court yard area of Fern Close are
listed in connection with Bedwell Hall. The wall itself is not listed, as it is not an
original feature of the Hall and was erected during the conversion scheme granted
under planning code P/2000/0940.
Policy/impact on setting of listed building: Policy EC9 states that development
within the curtilage of a listed building must respect the setting and character of that
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
listed building or buildings. The design and materials of the proposed wall is
sympathetic to its setting and would not detract from the area’s historic identity or
character.
Concerns have been raised that the proposed wall will detract from the appearance of
the area and is moving away from the original vision of Bedwell Hall. The original
wall has a distinguishing curve that enhances the appearance of the courtyard and
adds to the character. The amended plans show the incorporation of a similar curve
feature that maintains the attractive appearance of the courtyard and reflects the
character the setting of the listed buildings.
Residential Amenity: The amended plans address the previous adverse impacts on
the amenity of the surrounding properties on Fern Close, in particular Pipistrelle Barn
and the proposal would not result in a loss of daylight or be visually overbearing to
the surrounding dwellings.
Access: The occupiers of Bedwell Hall own the amenity area directly behind the
existing wall and the applicant has stated that the gate has been included to allow for
access onto this land for maintenance of the area and to allow for their refuse bins to
be collected from Fern Close.
There are concerns that the proposed access will result in the applicant parking on
Fern Close in front of the neighbour’s windows. However, I do not consider it likely
that the applicants would park on Fern Close as they have sufficient parking facilities
within their own curtilage.
Other Matters: Rights of access, pedestrian or vehicular, to Fern Close are private
matters.
Conclusion: The design of the proposed wall reflects the design of the original
through the incorporation of a similar curved frontage. The proposal would not detract
from the appearance of the courtyard and it maintains the visual quality of the nearby
locality and is sympathetic to the character of both Bedwell Hall and Fern Close and I
consider it to meet the requirements of GDP1(a) and policy EC9.
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.
3.
The development shall only be carried out in accordance with the amended
plan(s) dated 15 June 2007.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
_____________________________________________________________________
Page No 69
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0626
LOCATION:
Garden area of Hillbre Cottage 21 Gutter
Hill Johnstown Wrexham
DATE RECEIVED:
17/05/2007
COMMUNITY:
Rhos
DESCRIPTION:
Erection of three-storey dwelling and
construction of new vehicular and
pedestrian access
CASE OFFICER:
MP
WARD:
Johnstown
APPLICANT(S) NAME:
Mr Paul Evans
AGENT NAME:
Mr Paul Evans
_____________________________________________________________________
SITE
The site is within the existing garden area of Hilbre Cottage.
Approximate position of
proposed dwelling
PROPOSAL
As above – this is a full application.
HISTORY
P/2006/1381 Outline application for erection of 3 bedroomed detached dwelling.
Page No 70
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Granted 16.1.07
DEVELOPMENT PLAN
Within settlement limit. Policies PS2, GDP1 and H2 apply. Adjacent to the Stryt Las
a’r Hafod SSSI therefore policy EC6 is applicable.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Welsh Water:
Environment Agency:
CCW:
Other representations:
Site Notice:
Consulted 21.5.07
Has expressed concern about the erection of a 3 storey
dwelling and vehicular access.
Recommend advisory notes regarding minimising
impact amenity during construction.
Recommend conditions requiring adequate access,
turning and parking areas.
Recommend conditions regarding drainage.
No objection but notes the site near to land used for
waste deposition. Also noted is the need for consent
from the Agency if works take place in, under, over or
adjacent to a watercourse and that importing waste into
the site e.g. for hardcore must be registered with the
Agency.
No objection but have noted that the site is adjacent to a
SSSI/SAC site and have some concern about possible
encroachment onto this land. Provided this is addressed
by condition, these features are not likely to be
significantly affected by the implementation of the
proposed scheme.
3 letters of objections received and 1 petition with 15
signatures received. The following concerns have been
expressed;
- application is to build on land not owned by the
applicant;
- proposals would overlook adjacent
dwellings/gardens and reduce privacy;
- a 3 storey dwelling would not be in keeping with the
character of the area and the wildlife park on the
boundary;
- proposal would infringe of views enjoyed from
existing properties.
Expired 13.6.07
SPECIAL CONSIDERATIONS
Policy: The principle of residential development on the site has also been established
through the granting of outline permission earlier this year. The key issues requiring
further consideration are:
i)
The impact upon privacy/amenity;
ii)
Design/visual impact;
Page No 71
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
iii)
Highways and access.
I initially had raised concerns with the applicant about the impact of the dwelling both
on nearby properties as well as the surrounding area. Additional information
including site sections and floor levels have now been submitted in response to these
concerns. The plans have also been amended to delete a proposed second floor
balcony.
Amenity: The ground floor level of the dwelling would be just over 2.5 metres lower
than that of Hilbre Cottage and approximately 7.5 metres lower than the finished floor
level of Glendyke. Based on the guidance contained in LPG 21, the separation
distance between habitable rooms in the new dwelling and Glendyke should be 37
metres, where as the actual distance would be between 31 and 33 metres. Whilst the
shortfall may sound significant the floor level of Glendyke would be roughly level
with the second floor window. The new dwelling would also be some 11 metres from
the boundary of the latter property, with the garden area of Glendyke being around 2
metres higher than the application site and screened by well-established trees along
the boundary. The proposals do include a first floor balcony, however this would be
at roughly the same level as the garden area of Glendyke at the site boundary. I am
therefore that given the relationship between the application site and the adjoining
property, the privacy currently enjoyed by the occupiers of Glendyke will not be
unacceptably affected.
The site level plans have allowed me to properly consider the relationship between the
dwelling and Hilbre Cottage. I am now satisfied that the dwelling would not prove
visually overbearing when viewed from the garden area of existing property. The
revised plans still include windows directly overlooking the garden area of Hilbre
Cottage however and I remain concerned that these will significantly impact upon the
privacy enjoyed by existing and future occupiers of the property. I understand that the
applicant’s intention is for relatives to move into Hilbre Cottage once the new
dwelling is constructed and he has suggested that the relationship between the two
sites would be apparent to any future purchasers. Whilst I appreciate that this may be
the case, adopted policies and guidance seek to ensure that new and existing dwelling
are provided with/retain adequate areas of private garden area. Therefore in order
ensure that Hilbre Cottage retains an area of private garden, I intend to attach a
condition requiring that no windows are inserted in the side elevations of the rooms
other than high level windows.
The relationship between the proposed dwelling and the other properties on Bromfield
Street and properties on the north side of Gutter Hill is acceptable and would not
given rise to an unacceptable loss of amenity.
Layout and design: Whilst the proposals are for a 3 storey property, the plans show
that the dwelling would be set much lower than the adjacent road level, with its ridge
height marginally higher than that of Hilbre Cottage. I am therefore satisfied that it
would not look out of place. The design of the property is also acceptable.
Highways: The plans indicate that sufficient parking and turning facilities can be
provided for the existing and proposed dwelling. I am also satisfied that the access
arrangements advised by Highways are achievable.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
SSSI: CCW are not objecting provided that no encroachment takes place. I suggest
that boundary fencing be erected prior to commencement (similar to that used to
protect trees on construction sites) to ensure that there is no impact upon the SSSI.
Other issues: One objector is concerned that the proposals incorporate land that he
owns. Disputes over boundaries are private matters, however based upon the
information submitted by both the objector and the proposed plans, it does not appear
as if the built development would encroach upon the land the objector claims to own.
Conclusion: I am satisfied that subject to two side facing windows being replaced
with high level windows, the proposals are satisfactory and accord with policy.
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.
Prior to their use on the development samples of all external facing and
roofing materials shall be submitted to and approved in writing by the Local Planning
Authority. The development shall only be carried out in strict accordance with such
details as are approved.
3.
The site shall be developed in accordance with the ground and floor levels
indicated on the approved plans. No changes to floor levels or external ground levels
shall be made without the prior written approval of the Local Planning Authority.
4.
Before development commences, a detailed scheme of terrestrial searching for
Great Crested Newts and other amphipians within the site should be submitted to and
approved by the Local planning Authority. The report of survey shall also include
details of any mitigation measures required, and these measures shall be completed in
accordance with time scales to be agreed as part of the measures before development
commences on site.
5.
Notwithstanding the approved plans and the provisions of the Town and
Country Planning (General Permitted Development) Order 1995, no windows or other
openings shall be installed in the south-east facing elevation to serve the kitchen
dining room (entry level) and bedroom 3 (first floor) other than a high level window
with a cill height not less than 1.75 metres above finished floor levels.
6.
Notwithstanding the approved plans, within 3 months of the date of
commencement full details of the following shall be submitted to and approved in
writing by the Local Planning Authority:
i) A 4.1 metre wide shared dropped kerb access to the new dwelling and Hilbre
Cottage;
ii) Off street parking and turning facilities for both the new dwelling and Hilbre
Cottage (including details of surfacing materials to be used on the access and parking
area)
The access, parking and turning areas shall be provided in accordance with the details
as approved prior to the first occupation of the dwelling hereby approved.
7.
The shared access referred to in condition 06 shall be provided with visibility
splays of 2.4 x 56m in both directions measured to the nearside edge of the adjoining
highway within which there shall be no obstruction in excess of 1 metre in height.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The splay shall be provided prior to the first occupation of the dwelling hereby
approved and thereafter retained.
8.
No gates shall be erected at the access for a minimum distance of 5 metres
behind the highway boundary.
9.
The existing dropped kerb along the frontage of the development site shall be
re-instated to full height prior to the first occupation of the dwelling hereby granted
permission.
10.
Foul and surface water discharges shall be drained separately from the site.
11.
No surface water or land drainage run-off shall be allowed to connect (either
directly or indirectly) to the public sewerage system.
12.
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).
13.
The erection of fencing for the protection of the adjoining Site of Special
Scientific Interest shall be undertaken before any equipment, machinery or materials
are brought onto the site for the purposes of the development, and shall be maintained
until all equipment, machinery and surplus materials have been removed from the site.
The above mentioned fencing shall consist of a scaffold framework in accordance
with Figure 2 of BS 5837 (2005) comprising a vertical and horizontal framework,
well braced to resist impacts, with 2.1m vertical tubes spaced at a maximum interval
of 3 metres. Onto this, weldmesh panels shall be securely fixed with wire or scaffold
clamps. This fencing shall be erected at the full extent of the western and southern
site boundaries. 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 without the written permission of the Local Planning
Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
In order to protect wildlife interests, which are afforded special protection.
5.
To protect the amenities of the occupiers of nearby properties.
6.
To ensure the formation of a safe and satisfactory access and the provision of
adequate off-street parking and turning facilities in the interests of highway safety.
7.
To ensure adequate visibility is provided at the point of access onto the
highway.
8.
In the interest of free and safe movement of traffic on the adjacent highway
and to ensure the formation of a safe and satisfactory access.
9.
In the interests of pedestrian safety.
10.
to avoid pollution or flooding
11.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
12.
To allow the Council to control any future development in the interests of the
amenities of the occupiers of nearby properties.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
13.
To protect the site of scientific interest which are of significant amenity value
to 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.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
All works, deliveries of materials, ancillary operations and the use of plant and
machinery which are audible at the site boundary shall be carried out only between
07:30 hours to 18:00 hours Monday to Friday, between 08:00 to 14:00 hours on
Saturdays and at no time on Sundays and Bank Holidays.
There shall be no fires on the site, to include the prohibition of the burning of cleared
vegetation.
A suitable dust management scheme shall be implemented on site to prevent dust
nuisance arising from the demolition phase of the development.
Consent will be required from the Highways Authority under Section 184 of the
Highways Act 1980 to construct a new dropped kerb crossing outside of the proposed
property. It will be necessary for these works to include the strengthening of the
footway at the point of access.
_____________________________________________________________________
Page No 75
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0629
LOCATION:
The Cross Lanes Hotel Bangor on Dee
Road Marchwiel Wrexham
DATE RECEIVED:
17/05/2007
COMMUNITY:
Sesswick
DESCRIPTION:
Change of use of existing log cabin to
hotel bedroom suite.
CASE OFFICER:
CB
WARD:
Marchwiel
APPLICANT(S) NAME:
Mr M Kagan
AGENT NAME:
The J.S. Design Partnership
_____________________________________________________________________
SITE
Log cabin
Coppice of Trees
PROPOSAL
As above.
HISTORY
None relevant.
Page No 76
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Outside settlement limit and in Special Landscape Area therefore policies PS2, GDP1,
CLF9 EC5 and T8 of the UDP and Local Planning Guidance Note 16: Parking
Standards are relevant.
CONSULTATIONS
Community Council: Support proposal provided it complies with policy and
guidelines and some concerns raised in regards to amount of
extension, use as a separate dwelling.
Local Member:
Notified 21st May 2007
Environment Agency: No comment and standard advice note applies
Highways:
The proposal effectively creates a single additional bedroom
and there would appear to be adequate parking on site to cater
for such a small increase.
Adjacent occupiers: Notified 24th May 2007
Site Notices:
Expired 13th June 2007
SPECIAL CONSIDERATIONS
The main issue relates to the change of use within the context of its existing ancillary
use associated with the hotel, and the visual impact of the proposal in terms of
modifications to the existing building, and Special Landscape Area.
The proposed scheme would only involve an additional decking area to the side of the
cabin given that the decking area to the front already exists, and limited external
alterations. The limited design and scale of the proposed works would not visually
harm the setting of the existing building within the site or the Special Landscape Area.
In terms of policy, the proposal would not comply with criterion a) of policy CLF9
which states "the building is of pre-1948, brick/stone, and slate/tile construction".
This requirement does not appear in the conversion policy H3 and thus were this
application for residential or commercial use, that requirement would not apply.
Clearly a conversion to visitor accommodation is much more relevant and
appropriate. Therefore, providing the applicant can demonstrate the building is
structurally sound and capable of conversion, there would be no policy objection in
principle
A structural survey and details of adjacent trees have been requested from agent and
providing these are satisfactory and since there are no adverse visual impacts which
could potentially harm the amenity of the Special Landscape Area I conclude that the
application should be approved.
RECOMMENDATION A
If the agent submits requested information and this is sufficient to demonstrate that
the building is structurally sound and capable of conversion and it is recommended
that permission be GRANTED subject to conditions:-
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
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.
The log cabin shall only be used for holiday accommodation and at no time
shall be used as a permanent dwelling.
REASON(S)
1.
To comply with Section 18 of the Planning (Listed Building and Conservation
Areas) Act 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure the development accords with Local Plan policies for the area.
RECOMMENDATION B
If the requested information is not submitted or the information fails to demonstrate
that he building is suitable for conversion, it is recommended that permission be
REFUSED for the following reason:1
The proposal has provided insufficient information to demonstrate that the
existing log cabin building is structurally sound and capable of conversion without
major alterations which would be tantamount to the erection of a new building in the
open countryside. The building is situated against a mature coppice of trees and
substantial alterations could potentially harm the visual amenity of the Special
Landscape Area. To allow the development would be contrary to Policy GDP1, CLF9
and EC5 of the Wrexham Unitary Development Plan (2005).
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
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.
_____________________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0634
LOCATION:
Land at Cae Ann Dolydd Cefn Mawr
Wrexham
DATE RECEIVED:
18/05/2007
COMMUNITY:
Cefn
DESCRIPTION:
Residential development comprising 20
no. detached dwellings.
CASE OFFICER:
SJG
WARD:
Cefn
APPLICANT(S) NAME:
Harron Homes (North West) Ltd
AGENT NAME:
Harrow Homes (North
West) Ltd
_____________________________________________________________________
THE SITE
The site is a field of 1.1 hectare on the south-west side of Heol Cefnydd and northwest side of Heol Berwyn.
PROPOSAL
Approval of reserved matters for the erection of 20 detached dwellings, with a new
estate road access from Heol Berwyn. The dwellings comprise:
4 @ 5 bed; 7 @ 5 bed 2 ½ storey; 9 @ 5 bed
Density: 18/ha (7.4/acre)
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The layout includes two areas of public open space, one immediately south of the
access point on Heol Berwyn including a children’s play area, and another at the
western end of the site. A landscape scheme has been supplied, together cross
sections and a detailed design and sustainability statement.
RELEVANT HISTORY
P/2005/0817 Outline for residential development
Granted 25/11/2006
following committee site inspection.
The outline permission includes requirements for the following matters, in addition to
the standard reserved matters:
5. Traffic speed survey and visibility improvement scheme on Heol Berwyn/ Cae
Gwilym Lane if required. Highways confirm that the revised TAN18 guidance means
that improvements are no longer required.
6. Widening of Heol Berwyn to 5.5 metres plus 2 metre footway. Shown on plans.
8. Floor and ground levels. Received.
9. Odour impact assessment, to address concerns regarding the proximity of the
WRW. Awaited but commissioned.
In addition condition 7 requires that the development be carried out in accordance
with the protected species report supplied with the outline application.
DEVELOPMENT PLAN
Within the settlement limits Policies PS1 PS2 H2 EC4 CLF5 GDP2 and GDP1 are
relevant, together with LPGN 7, 10, 16, 17, 21, 22, 23, 24 and 27.
CONSULTATIONS
Cefn C Council:
Local Members:
Highways:
Environment:
Public Protection:
Education:
HSE:
Welsh Water:
Env Agency:
CCW:
Site Notices:
Press advert:
Other representations:
Supports
Consulted 21/5/2007
Recommended refusal based on parking and turning
provision. (Revised plans supplied)
Comments regarding fencing for POS. The Cefn Ward is
over-provided with play areas and it would be more
beneficial to re-direct Section 106 contributions to
refurbishing an existing play area.
No comments
Contribution required towards secondary school provision
as Ruabon High School is full (£59,520)
Do not advise against the granting of permission
Recommend conditions regarding protection of sewers,
drainage scheme, prevention of surface water entering foul
sewers, and odour control measures.
Recommend condition (SuDS)
No objections subject to comments regarding surface water
drainage.
Expired 15/6/2007
Expired 15/6/2007
Adjoining occupiers notified 24/5/2007
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
1 objection received on grounds of:
a. Loss of amenity for adjoining dwellings, built in 1939
SPECIAL CONSIDERATIONS/ ISSUES
Landscape: The main issues to be considered are:
Impact upon the landscape character of the Dee valley
Impact upon rural views from the Dee Valley and Froncysyllte
Impact upon the landscape setting and views of/from the proposed World Heritage
Site (Pontcysyllte Aqueduct)
The hedgerow boundaries and trees are essential to the visual integration of the site,
and these are to be retained. The site falls steeply to the south west.
The site is over 700 metres from the aqueduct and does not directly adjoin the Special
Landscape Area. The possible designation of the canal and aqueduct as a World
Heritage Site would bring this site within the proposed buffer zone, but this is only a
proposal at this stage. Bearing in mind the outline permission, the proposal is
considered to be appropriate for this site. Revised details for sloping plots on the
south-west side of the estate road have been requested. Terracing and decking areas
have been suggested for the rear gardens of some of these plots with the house levels
built up above ground level. This is unacceptable and will need to be addressed by
amendments and conditions.
Sustainability: The east-west access of the development is as a result of the
constraints of the site giving windows for habitable rooms facing both south-west and
north-east. Space for recycling within the development or individual plots could be
considered, as could the use of renewable energy technology or at the very least a
justification as to why such is not feasible. Water conservation should also be
addressed.
Open space provision: The development provides adequate open space in two areas.
The area in the south-west corner serves as a visual buffer to the development and
additional planting would assist in the integration of the site. The views of the
Council’s Landscape Manager are noted and I will not be looking for equipment on
either of these – instead a contribution should be paid to allow improvements
elsewhere in the community and a contribution will be sought in lieu of equipment.
Ecology: The mature trees on the site should be retained especially Beech, Oak, and
Hawthorn, and when development commences it is agreed that no work takes place
during the bird nesting season that runs from the 01 March to the 31 August inclusive.
The east/southwest boundary is retained as a mixed mature hedgerow.
The high hedges to the north-west boundary are retained and gaps in the hedge are
planted up with other native species including Hawthorn, Dog rose, and Buckthorn
which all offer excellent berry and nectar/food sources for wildlife. The hedges could
be laid in the winter months to add density and structure and revive the existing
hedgerow which, will act as a better corridor or habitat for wildlife.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Highways: The layout is acceptable from a highways point of view, and revised
plans have been submitted to address concerns. There is a concern over parking
provision in a few cases (only 3 spaces provided for 2 plots). The highway continues
to the north-west end of the site to provide a public link to the open space area.
Proximity to Water Treatment Works: The odour impact assessment has been
commissioned, and will be required prior to the issuing of any approval.
Secure by Design:
No specific issues arise – the scheme appears to meet policy requirements.
Schools Contributions: A schools contribution is required in accordance with LPG
27.
Conclusion: Subject to the receipt of revised details for the sloping plots and the
odour impact assessment, it is considered that the scheme would be acceptable under
the terms of adopted policies.
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and Country
Planning Act 1990, requiring:
a. A commuted sum based on Local Planning Guidance Note 10 for future
maintenance of public open space on site
b. A commuted sum for contribution towards off-site play area provision
c. A contribution to secondary school provision
The Chief Planning Officer be given delegated authority to determine the final form
and content of the obligation.
RECOMMENDATION B
That reserved matters approval be granted on completion of the obligation, subject to
the following conditions:
CONDITION(S)
1.
The development hereby permitted shall be commenced before 25 November
2010.
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.
3.
Prior to their use on the development, samples of all external facing materials
shall be submitted to and approved in writing by the Local Planning Authority. The
development shall only be carried out in strict accordance with such details as are
approved.
4.
The vehicle parking and turning areas indicated on the approved plans 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.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
5.
No development shall take place until a scheme of foul drainage and surface
water drainage has been submitted to and approved by the Local Planning Authority.
The approved scheme shall be complete before the development is occupied
6.
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 bits 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.
7.
The site shall be developed in accordance with the ground and floor levels
indicated on the approved plans. No changes to floor levels or external ground levels
shall be made without the prior written approval of the Local Planning Authority.
8.
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.
9.
All hard and soft landscape works shall be carried out in accordance with the
approved details as set out in Condition 9. The works shall be carried out:
a) prior to the occupation of any part of the development;
b) in accordance with the programme agreed with the Local Planning Authority;
c) 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.
10.
All trees, shrubs and hedge plants supplied shall comply with the requirements
of the current BS 3936 Specification for Nursery Stock. All pre-planting site
preparation, planting and post-planting maintenance works shall be carried out in
accordance with the requirement of the current BS 4428 Code of Practice for General
Landscape Operations (excluding hard surfaces). All new tree planting shall be in
accordance with section 13 of BS 5837 Trees in Relation to Construction
Recommendations (2005).
11.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of a scaffold framework in accordance with Figure 2
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to
resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres.
Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This
fencing shall be erected at the full extent of the canopy of each tree and shrub.
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 without the written permission of the Local Planning Authority.
12.
The proposed access shall have a visibility splay of 2.4m x 25m in both
directions measured along the nearside edge of the adjoining carriageway over land
within the control of the applicant and/or the Highway Authority. Within the splays
there shall be no obstruction in excess of 1 metre in height above the level of the
adjoining carriageway. The splay shall be provided to commencement of
use/occupation of the development hereby approved and shall thereafter be retained
clear of such obstruction.
13.
The estate roads and footways shall be progressively constructed to Highway
Authority base coat standard from the junction with estate road Heol Berwyn across
the frontage of each plot prior to occupation of the building erected thereon.
14.
The roadworks to widen Heol Berwyn to 5.5 metres and the 2 metre wide
footway shown on the approved plan shall be constructed to Highway Authority
adoptable standard along the full frontage of the site prior to the occupation of any
dwellings on the site.
15.
Development shall only be carried out in strict accordance with the
recommendations of the protected species survey dated 23 September 2005 submitted
with the outline application.
16.
The open amenity areas indicated on Drawing No. HH/NW/CAD/001H shall
be completed to a standard indicated in writing by the Local Planning Authority as
suitable for adoption as public open space prior to occupation of any dwelling erected
on the site and shall thereafter be maintained to that standard for a minimum period of
one year.
17.
Prior to the commencement of development, a programme of sustainable
works shall be submitted for the written approval of the Local Planning Authority.
The approved programme shall be implemented in accordance with a timescale to be
agreed with the Local Planning Authority.
REASON(S)
1.
To ensure that the development fully complies with the appropriate policies
and standards.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
To provide for the loading, unloading, 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.
5.
To ensure the proper drainage of the site and to minimise the risk of pollution
6.
To ensure proper drainage of the site.
7.
To ensure that the development fully complies with the appropriate policies
and standards.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
8.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
9.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
10.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
11.
To ensure that the works on the site properly take account of the future health
of the trees.
12.
In the interests of highway safety.
13.
In the interests of highway safety.
14.
In the interests of highway safety.
15.
To ensure that the development makes provision for ecological interests and a
nationally important species.
16.
To ensure that public open space is provided and maintained in the interests of
amenity of residents.
17.
To meet the criteria set out in the Local Planning Guidance Note 22.
NOTE(S) TO APPLICANT
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4, 5 and 10
on the enclosed "Applicants' Rights and General Information".
The planning permission requires that development be carried out in accordance with
the approved plans, including the construction of an estate road intended for adoption
by the Council under the Highways Act 1980. It is essential therefore that the detailed
proposals are submitted to the highway authority and confirmed as acceptable
BEFORE development commences. Please contact:The Operational Manager (Highways Planning), Crown Buildings, Chester Street,
Wrexham. LL13 8BG telephone: 01978 292000
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
There shall be no interference with any public or private right of way within, or
adjacent, to the application site.
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
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
retained/improved. The scheme should include full details of any terracing and
decking of rear gardens. The tree species should be taken from the following list:
Trees:
Crataegus monogyma: Hawthorn - standards/ slow growing
Fagus sylvatica: Beech - standards/slow growing
Quercus robur: Oak - Standards/slow growing
Sorbus aucuparia - Rowan - standards preferred
Salix alba: White willow
Prunus padus: Bird cherry
Shrubs/ small trees.
Salix viminalis: Osier
Ilex aquifolium - Common Holly
Sambucus nigra: Elder
Malus sylvestris: Crab apple
Corylus avellana: Hazel
This permission is granted subject to the above conditions. Some conditions may
require your attention prior to you carrying out any work on the proposal. These
conditions are known as "conditions precedent". You should be aware that it is
important that you comply with any "conditions precedent". If you do not, then any
work you undertake on the development subject of this permission would not have
planning permission.
Please note the attached comments from Public Protection Officers, the Highway
Authority and Welsh Water.
_____________________________________________________________________
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APPLICATION NO:
P/2007 /0637
LOCATION:
12 Broom Grove Wrexham
DATE RECEIVED:
18/05/2007
COMMUNITY:
Caia Park
DESCRIPTION:
Operation of 1 no. private hire vehicle (for
school contracts and airport transfers)
CASE OFFICER:
DSW
WARD:
Cartrefle
APPLICANT(S) NAME:
Mr Philip Burgess
AGENT NAME:
Mr Philip Burgess
_____________________________________________________________________
P/2007 /0637
THE SITE
A mid-terrace dwelling on Broom Grove, Wrexham. Parking bay to the front.
site
PROPOSAL
As above.
HISTORY
P/2007/0376
Operation of two private hire vehicles (for school contracts and
airport transfers). Refused 16.05.07.
DEVELOPMENT PLAN
Page No 87
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Within settlement limits. UDP Policy GDP1 and LPG Note 8 Private Hire Vehicles
apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Adjoining Occupiers:
No objections.
Notified 22.05.07
Recommend the application be refused on the grounds
the proposed development does not make adequate
provision for the parking of vehicles clear of the public
highway.
No objections.
No objections. A petition of 20 occupiers of Broom
Grove and Almond Grove has been received in support
of the application.
SPECIAL CONSIDERATIONS/ISSUES
Background: A previous application for the operation of 2 n o. private hire vehicles
(for school contracts and airport transfers) was refused under delegated powers on 16
May 2007. The reasons for refusal were as follows:1
2
The proposed development does not provide for off-street parking space to
accommodate the total number of vehicles likely to be operating from it at any
one time. To allow the development would be contrary to Council adopted
Local Planning Guidance Note No 8 “Private Hire Vehicles”.
The proposed development lies within a residential area where the operation of
2 no. private hire vehicles would be unacceptable and undesirable by virtue of
increased noise and disturbance and unsociable hours of operation, contrary to
the requirements of local Planning Guidance Note No 8 “Private Hire
Vehicles”.
Amenity: The current application is to operate one vehicle. Local Planning
Guidance Note No 8 considers that due to frequent vehicle movements, noise and
unsocial hours of operation, it is felt than an office which has more than one vehicle
operating from it should not be located in a residential area. In this regard the
proposal to operate one vehicle would be acceptable. A supporting petition has also
been received from neighbouring residents.
Highways: Highways however have recommended the application be refused on the
grounds that the proposed development does not make adequate provision for the
parking of vehicles clear of the public highway. No 12 Broom Grove does not
provide for any parking provision within its curtilage. However, whilst the number of
off-street parking spaces available in the ownership or control of the applicant is an
important consideration, sufficient space is available for parking to the front of the
dwelling which would not result in an obstruction on the public highway. In this
regard I do not consider an objection on highway grounds alone can be sustained.
However, in accordance with the requirements of LPG any permission should initially
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
be granted for one year and personal to the occupier to enable the effects of the
operations to be monitored.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
This permission shall not enure for the benefit of the land but shall operate
only for the benefit of Philip Burgess whilst he lives at 12 Broom Grove.
2.
The use hereby permitted shall cease and be abandoned not later than 30 July
2008.
REASON(S)
1.
To control the nature and intensity of use given the site's location within a
residential area.
2.
To monitor the operational effects of the use upon neighbouring residential
amenity.
_____________________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0651
LOCATION:
Glanllyn Duke Road Ponciau Wrexham
DATE RECEIVED:
23/05/2007
COMMUNITY:
Rhos
DESCRIPTION:
Outline application for erection of 3 no.
dwellings with garages and formation of
new vehicular and pedestrian access
CASE OFFICER:
SEH
WARD:
Ponciau
APPLICANT(S) NAME:
Mrs M Palmer & Mrs L M Dutton
AGENT NAME:
S Murray & Associates
_____________________________________________________________________
THE SITE
A plot of land, measuring approximately 1600 square metres, currently the garden
area of 'Glanllyn', Duke Road, Ponciau, Wrexham.
Proposed Access
Existing
Dwelling
Chapel Street
Junction
PROPOSAL
As above.
HISTORY
P/2006/0604 Outline application for residential development Refused 05/07/2006
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Within settlement limit. UDP Policies PS1, PS2, H2, T8 and GDP1 apply and Local
Planning Guidance Notes 16 ‘Parking Standards’, 17 'Development and Trees' and 21
‘Space around Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Object on the grounds of traffic generation particularly
at the junction with Chapel Street. three dwellings is
too excessive, but maybe one. would be appropriate.
The council supports the views of local residents.
Local Members: (Cllr Pemberton) Three dwellings, and the traffic generated by this,
would be over-intensive, and visibility at the junction
with Chapel Street is a concern.
Cllr A Roberts notified …
Highways:
No objection subject to conditions.
Public Protection:
Recommend contamination condition
Other Representations:
3 letters of objections were received (one with 10
signatories) raising the following concerns:

Mess and disturbance during the development
stage;

Loss of privacy and overlooking;

Possible damage to the foundations and
boundaries of surrounding properties;

Increased traffic generation on an already busy
street;

Loss of right to park along the site frontage;

The highway is used as a 'rat-run' to avoid other
streets where traffic calming is in place and this
development would compound the problem;

Parking issues on Duke road, especially when
the playing fields are in use;

The highway authority have previously
commented on this application, stating that visibility at
the junction with Chapel Street was a concern;

The proposed development would involve the
removal of a number of trees on the site and this would
have a negative effect on the landscape.
Site Notice:
Expired 30/05/2006
SPECIAL CONSIDERATIONS/ISSUES
Background: All details including siting, landscaping, design and appearance
reserved for subsequent approval. The main issue to consider relates to the impact on
the highway of three additional dwellings with access onto Duke Road, which will be
considered as part of this application.
Residential Amenity: The site is large enough to accommodate a 3 dwellings.
Having considered also the properties around the site, it is possible to achieve the
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
proposed development on this land in accordance with the Council’s separation
distances and guidance on ‘Space around Dwellings’. However, these details have
been reserved for subsequent approval and will be properly considered at the reserved
matters stage.
Highways: The proposed development will be served by Duke Road, which is a
classified road subject to a 30mph speed limit. Due to the geometry of the road and
proximity of the junction with Chapel Street, actual vehicular speeds are considered to
be no more than 20 mph from south east. A recent traffic speed survey determined
actual vehicular speed from the north west to be no more than 26mph. The visibility
splays as recommended by the new TAN 18 of 2.4 x 25m to the south east and 2.4
35m to the north west are achievable.
It is accepted that the junction of Duke Road with Chapel Street is sub-standard as
having visibility splays in both directions, which are below that recommended.
However, it is considered unlikely that the introduction of 3 no. dwellings will result
in any significant increase in traffic movements through this junction.
The proposed development makes provision on-site for parking in accordance with
the Council's adopted maximum parking standards, and this development will not put
any pressure on off-site parking. Concerns have been raised in relation to the loss of
the right to park along the site frontage, however, there is no such right to park outside
a particular property and this is not a relevant planning consideration for this
application.
Trees: The only trees of significance and worthy of retention are those along the
southern boundary adjacent to Gutter Hill. From the indicative plan, it would appear
that these trees are unaffected by the development. Therefore, there are no objections
to the development, subject to the submission of an accurate tree survey as part of the
reserved matters.
Other Matters: Issues raised in relation to noise, disturbance and damage caused to
neighbouring properties during the development stage are not relevant planning
considerations for this application.
Conclusion: The development accords with local policy and the proposed access to
the site and I am satisfied that the resulting traffic generation will not give rise to
additional danger to road users.
P/2005 /106
P/2007 /0651
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 landscaping of the site.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
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.
This development shall be for a maximum of three dwellings with garages
only.
5.
As part of the reserved matters an arboricultural implication study and method
statement dealing comprehensively with all tree issues shall be submitted and
development shall only be carried out in accordance with the scheme as is approved.
6.
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.
7.
The proposed access shall provide visibility splays of 2.4 x 25m to the south
east measured to the centreline of the adjoining highway and 2.4 x 35m to the north
west measured to the nearside edge of the adjoining highway in which there shall be
no obstruction in excess of 1m in height, which shall be demonstrated on a plan
submitted as part of the reserved matters. The visibility shall be provided before any
dwellin gis occupied and shall be protected thereafter.
8.
Prior to first occupationof any dwelling, a 2.0m wide footway shall be
constructed to Highway Authority adoptable standard along the entire site frontage
along Duke Road, details of which shall be submitted as part of the reserved matters.
9.
The proposed access shall take the form of a dropped vehicular crossing.
10.
The existing access serving "Glanllyn" shall be permanently closed up prior to
first use of development.
11.
The contents of the indicative site plan submitted in support of this application
shall not be regarded as representing an approved site layout.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
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 that a satisfactory unit of residential accommodation is retained
within the premises and to protect the amenities of the occupiers of nearby properties.
5.
To ensure the amenity afforded by the trees is continued into the future.
6.
In the interests of the amenities of the future occupants of the buildings.
7.
In the interests of highway safety.
8.
In the interests of highway safety.
9.
In the interests of highway safety.
10.
In the interests of highway safety.
11.
To ensure that all details are reserved.
_____________________________________________________________________
Page No 93
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0654
LOCATION:
Tyddyn Squire The Wern Bersham
Wrexham
DATE RECEIVED:
24/05/2007
COMMUNITY:
Minera
DESCRIPTION:
Outline application for erection of
dwelling
CASE OFFICER:
CB
WARD:
Minera
APPLICANT(S) NAME:
Mr & Mrs B Tietze
AGENT NAME:
Blue Print
_____________________________________________________________________
THE SITE
The site is at the corner of Stryt Y Scweiar and the B5426.
Application Site
Access
PROPOSAL
As above.
HISTORY
No Relevant History.
Page No 94
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Outside settlement and in Special Landscape Area. UDP Policies PS2, H5, GDP1 and
EC5 & LPG Note 13 'Housing in the Countryside' is also relevant.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Environment Agency:
Public Protection:
Other Representations:
Site Notice:
Notified 24/05/2007
Notified 24/05/2007
No objection subject to conditions.
No objections subject to appropriate notes.
Recommend contamination condition and advisory
notes.
The following concerns have been raised:

Lack of information;

Impact on trees;

Proximity to boundaries;

Intrusion of privacy.
Expired 20/06/2007
SPECIAL CONSIDERATIONS/ISSUES
Policy: The proposal would not satisfy policy H5(b) and GDP1 or Local Planning
Guidance Note No. 13 'Housing in the Countryside'. The proposed development
would not constitute 'infill' because the site does not form a small gap within a well
developed built frontage. Development would therefore be contrary to policy.
Highways: The proposed development site fronts the B5426, which is a classified
road subject to a 60mph speed limit. Due to the geometry of the road the actual traffic
speeds are estimated at 40 mph. Visibility from the existing access is inadequate and
the alternative access off Stryt Y Scweiar also suffers inadequate visibility.
Additional residential development would result in increased traffic movements
through both of these sub-standard accesses and the restricted visibility would
increase the likelihood of danger to road users.
Residential Amenity: It is not considered that this development would lead to a loss
of privacy to the adjacent properties to an extent that would justify refusal, or that the
proposal would be unacceptable in terms of the proximity to the boundaries.
Trees: There are no trees of significance on the application site.
Objections: I do not agree that the objections in relation to the tree could be
sustained. The other matters clearly would be dealt with as part of a detailed
submission if approval were being recommended.
Conclusion: The development does not accord with local policy and I recommend
accordingly.
Page No 95
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The proposal would fail to satisfy policy H5(b) or GDP1 of the Wrexham
Unitary Development Plan and would not constitute infill development. It would
therefore detrimentally affect the visual amenity of the open countryside. To allow
this development would be contrary to policies PS2, GDP1, H5(b) and EC5 of the
Wrexham Unitary Development Plan and Local Planning Guidance Note 13 Housing in the Countryside.
2.
The proposal would result in increased traffic movements through existing
access points which are both substandard in terms of visibility and this would increase
the likelihood of danger to road users. The proposal is therefore contrary to GDP1(d)
of the Wrexham Unitary Development Plan.
Page No 96
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
____________________________________________________________________
Page No 97
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0656
COMMUNITY:
Rossett
LOCATION:
21 Broadoaks Rossett Wrexham
DATE RECEIVED:
24/05/2007
DESCRIPTION:
Two storey extension to side of dwelling.
CASE OFFICER:
LB1
APPLICANT(S) NAME:
Mr & Mrs R Singh
WARD:
Rossett
AGENT NAME:
Mr & Mrs R Singh
_____________________________________________________________________
SITE
Two storey
side
extension
Existing
garage to be
demolished
PROPOSAL
As above.
HISTORY
22997 - Erection of 23 two storey dwellings and construction of new vehicular and
pedestrian access. Granted 06/02/1995
Page No 98
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Within the settlement limit, GDP1, PS2, LPGN 20, 21 & 16 apply.
CONSULTATIONS
Community Council:
Local Member:
Other representations:
following concerns:
Site Notice:
Consulted 24/05/07
Consulted 24/05/07
One letter of objection received raising the
 The extension takes away the driveway for parking cars;
the cars will be parked at the front of the house restricting
views driving out of neighbouring properties. There is a
play area opposite and children are always in the road and
this extension will endanger children playing outside.
 The development is too large for the plot. The
extension would make the house look an eyesore and be
totally out of proportion to the plot, the planning
permission granted 10 years ago was for a 4 bedroomed
house that was deemed the correct size for the plot.
 The extension will be inches from the 6ft high boundary
wall and could weaken the foundations of the wall creating
a danger of collapse. It will also look imposing from the
neighbouring property.
 If the extension goes ahead vehicles will have to be
parked on the road and as this is a cul-de-sac service
vehicles will have problems turning, the garage will be a
single garage replacing a double garage.
 The applicant has indicated that if there were any
problems a loft conversion could be considered instead, this
would alleviate all problems caused by an extension.
Expired 20/06/07
SPECIAL CONSIDERATIONS
Site: The neighbouring property to the south (No. 23) does not lie in a direct line
with No.21 and the main windows of this house face Gamford Lane to the rear.
Design and Amenity: The extension is set back from the front of the house and the
roof line is lower than the existing house. The design of the extension is therefore
appropriate in terms of the siting and design. Whilst it will create a large property I
am of the opinion that it will not have a detrimental impact on the street scene or
appear over large in relation to neighbouring properties.
The windows face front and back and there are no side facing windows to create
overlooking to the neighbouring properties. The neighbouring property, No. 23 does
not have any windows that directly face the property. The extension therefore
complies with Guidance Notes 20 & 21.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Parking: The existing garage lies to the rear of the garden and a driveway currently
exists along the side of the property. The extension will be sited on the existing
driveway removing the current parking area. The applicants have submitted details of
parking to be provided in the current front garden area as well as in the new garage.
There will therefore be a total of 4 parking spaces, complying with the requirements
of Guidance Note 16. Other properties within the cul-de-sac have block paving to the
front of the properties and this would not look out of place at this site.
With the provision of adequate off road parking there should be no need for cars to be
parked on the road blocking turning facilities for other highway users. Cars parked on
the driveway would have no more an impact on the safety of neighbours leaving their
own driveways than the current situation. There will also be no impact on the safety
of children playing on the central amenity area.
Other considerations: The proximity to the boundary wall and the potential impact
on the foundations is an issue that is dealt with under the Party Wall Act and Building
Regulations and is not a material planning consideration.
Conclusion: The proposed extension is appropriate in size and design for the
property and I am satisfied that it will not have a detrimental impact on the
neighbouring properties. I therefore recommend that permission is granted.
P/2007 /0656
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.
3.
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.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
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.
Page No 100
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
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 101
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0657
LOCATION:
Community Centre Fron Las Coedpoeth
Wrexham
DATE RECEIVED:
25/05/2007
COMMUNITY:
Coedpoeth
DESCRIPTION:
Outline application for residential
development
CASE OFFICER:
SEH
WARD:
Coedpoeth
APPLICANT(S) NAME:
Wrexham County Borough Council
AGENT NAME:
Mr M Wright
_____________________________________________________________________
THE SITE
A plot of land, measuring approximately 3700 square metres and adjacent Fron Las,
Coedpoeth, currently comprising the Coedpoeth community centre, recycling facility
and a small grassed area.
Wern Road Junction
Heol Llewelyn
Junction
Application Site
PROPOSAL
As above.
Page No 102
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
No Relevant History.
DEVELOPMENT PLAN
Within settlement limit. UDP Policies CLF1, PS1, PS2, H2, T8 and GDP1 and Local
Planning Guidance Notes 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’
are relevant.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Welsh Water:
Environment Agency:
Public Protection:
Other Representations:
Site Notice:
Council suggested that the site should be developed as
starter homes or retirement bungalows.
Councillor Davies believes that the development should
be sympathetic to the needs of existing residents and
should be for retired bungalows only. If this cannot be
secured by planning condition, the arrangements for the
disposal of this land should be referred back to the
executive board for further discussion.
Cllr G Griffiths notified.
No objection subject to conditions.
No objection subject to recommended conditions.
No objections subject to appropriate notes.
Recommend contamination condition and advisory
notes.
The following concerns have been raised:

Existing green areas and tree should be retained
where possible;

The recycling facility should be retained;

Traffic generation and inadequate visibility at
the junction of Fron Las with Wern Road, and Wern
Road with Llewelyn Road;

Loss of light and privacy to existing properties;

Access to existing properties;

Loss of parking for local residents who currently
use the community centre car park.
Expired 20/06/2007
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an outline application for residential development, with all
matters relating to siting, design, appearance, landscaping and access reserved for the
future. The main issues to consider relate to the impact of the development on the
highway and on the amenities of the existing residents.
Both the community council and Councillor Davies feel that this development should
be restricted to homes for retired persons only, as this would be a complementary
development to those existing retired homes in the area. However, this application is
Page No 103
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
for outline permission only and no intention or desire that this permission be for
retired persons homes only has been expressed. The application should be determined
on the details submitted.
Policy: The new Community Enterprise Centre is due for completion early in 2008
and all activities carried out at this facility will be transferred to the new centre. As
there will no longer be a requirement for this facility here, there is therefore no policy
objection to the proposal. The reserved matters application should take account of the
requirements for affordable housing, education payments, public open space
contributions and sustainability appraisal as may be appropriate, and the applicant will
be advised of this.
Affordable Housing: The Wrexham UDP states that where there is a proven lack of
affordable housing to meet local needs, the Council will negotiate with developers to
provide an element of affordable housing in new proposals of 25 or more homes
(UDP Policy H7 refers). Whilst I think it unlikely that the site will provide for 25
units, it is important that this possibility is considered and a requirement for
affordable housing is included.
Contamination: Due to the historical metal mining in and around the area of
Coedpoeth resulting in ground contamination of some areas, it will be necessary to
attach an appropriate condition to ensure that any potential contamination issues are
dealt with.
Highways: The proposed development site is situated on Fron Las which is an
unclassified road subject to a 30 mph speed limit. Due to the geometry of the road the
actual traffic speeds are estimated at 20 mph.
The site is accessed either via Waen Road or Heol Llwelyn which both suffer from
inadequate carriageway and footway widths and poor visibility at junctions.
Therefore any proposed residential development should be restricted to that which
would not generate traffic levels in excess of the existing traffic generated by the
community centre, and a survey should be completed to obtain this information and
submitted in support of the reserved matters application. This will be dealt with by
condition.
Education and POS: Contributions are likely to be required to cover these matters.
Residential Amenity: Concerns have been raised relating to loss of open space, loss
of light and privacy, loss of recycling facility etc. As this application is in outline
only, these issues will be properly considered as part of the reserved matters
application.
Other Matters: Matters such as private rights of way are not relevant consideration
for this application.
Conclusion: The development accords with local policy, and there are no planning
policy grounds for restricting the type of development to retired persons only, and I
recommend accordingly. The applicant will be advised that a legal obligation will be
required as part of any decision made in respect of the reserved matters concerning
Page No 104
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
contribution towards the shortfall in education facilities, public open space area(s);
sustainability appraisal; and provision for affordable housing.
P/2005 /106
P/2007 /0657
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.
As part of the reserved matters traffic generation data relating to the existing
commmunity centre and proposed development shall be submitted, and the proposed
development shall not result in traffic generation in excess of these details.
5.
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.
6.
All foul drainage shall be directed to a foul sewerage system and all surface
water drainage to a surface water system unless otherwise agreed by the Local
Planning Authority.
7.
There shall be no discharge of surface water to the combined sewer system.
8.
The reserved matters application shall include a scheme for the comprehensive
and integrated drainage of the site showing how foul water, surface water and land
drainage will be dealt with and development shall only be carried out in accordance
with such details as are approved.
9.
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.
10.
The application for reserved matters shall include measures to provide for any
shortfall in educational places, and requirement for affordable housing and for the
provision of public open space as required by Council adopted policies.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
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.
In the interests of the amenities of the future occupants of the buildings
6.
To ensure the proper drainage of the site and to minimise the risk of pollution
7.
There is insufficient capacity in the existing system to cater for additional
surface water flow.
8.
To ensure that effective drainage facility is provided for the site.
9.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
10.
To ensure that development makes suitable provision for these facilities.
NOTE(S) TO APPLICANT
You are advised that a legal obligation will be required as part of any decision made
in respect of the reserved matters concerning:
- Contribution towards any shortfall in education facilities (Refer to Local Planning
Guidance Note 27 - Developer Contribution to Schools);
- Provision of public open space area(s) (Refer to Local Planning Guidance Note 10 Public Open Space in New Housing Development).
- Provision of affordable h ousing (refer to Local Planning Guidance Note No 28 Affordable Housing).
Sustainability Appraisal (refer to Local Planning Guidance Note No 22 - Sustainable
Building).
All ancillary operations and the use of plant and machinery which are audible at the
boundary shall be carried out only between 07.30 hours to 19.30 hours Monday to
Friday, between 08.00 hours and 14.00 h ours on Saturdays and at no time on Sundays
and Bank Holidays.
There shall be no fires on site; to include the prohibition of the burning of cleared
vegetation.
A suitable dust management scheme shall be implemented on site to prevent dust
nuisance from arising.
_____________________________________________________________________
Page No 106
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0667
LOCATION:
Tyn Y Cae Salem Road Coedpoeth
Wrexham
DATE RECEIVED:
29/05/2007
COMMUNITY:
Coedpoeth
DESCRIPTION:
Outline application for demolition of
existing dwelling and erection of
residential development
CASE OFFICER:
MP
WARD:
Coedpoeth
APPLICANT(S) NAME:
Elizabeth Oldfield
AGENT NAME:
Elizabeth Oldfield
_____________________________________________________________________
SITE
Application site
PROPOSAL
This is an outline application with all matters reserved for subsequent approval. The
applicant had originally specified that the proposal would be for 6 dwellings, however
the description has now been amended and omits reference to a specific number of
units.
HISTORY
No relevant planning history.
Page No 107
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Within the settlement limit. Policies PS2, GDP1 and H2 apply.
CONSULTATIONS
Community Council:
Local Members:
Public Protection:
Highways:
Welsh Water:
Other representations:
Notified 30.5.07
Notified 30.5.07
Recommend contamination condition is attached and
advisory note regarding minimising impact upon
adjoining occupiers during construction works.
Have raised no objection to the development but
recommend conditions specifying parking standards and
requiring the provision of a footway along the site
frontage.
Recommend conditions regarding drainage.
8 letters of objection received expressing the following
concerns:
- Loss of privacy;
- Loss of light;
- Increased noise and pollution;
- Increased traffic and parking problems on existing
streets;
- Increased danger to children from increased traffic;
- Difficulties for emergency vehicles accessing
Ffordd Aeron if cars park on both sides of the street;
- Traffic and amenity problems arising from increased
use of unadopted road to the rear which currently
only serves three properties;
- Increased cost of maintaining the unadopted road to
the rear as a result of increased use;
- If pedestrian access was allowed, there may be noise
from children playing in the road affecting amenity;
- The area is already a well developed housing area;
- Over development of the area. This area has the
right balance as is now;
- Will the minimum distance of the development to
the property to the rear comply with the regulations;
- The sewerage system is overloaded and has
overflowed on a number of occasions;
- A development of this nature has never been
included in the County Plan;
- Development would spoil outlook from existing
properties;
- Existing dwelling is 154 years old and has been
grant aided with modernisation. It is unbelievable
that someone would contemplate its destruction for
monetary gain;
- Only bungalow development should be allowed;
Page No 108
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
-
Site Notice:
The rear boundary should have a double brick wall
along its length to hide the rears of the proposed
development;
- No developer should be allowed to build within 25
ft of the Bro Dawel/Ty’n-y-cae boundary;
- Reduce the number of dwellings to a maximum of
two;
- What type and height will the dwellings be;
- Is the development in keeping with the style of
Ffordd Aeron or does it plan to cram as many
buildings in as possible;
- A large scale build would be very dominating;
- Is this the only chance to voice opinions;
Expired 27.6.07
SPECIAL CONSIDERATIONS
Amenity: The applicant initially proposed 6 dwellings, however I had some concern
that this number could not be accommodated without adversely impacting upon the
occupier of the property to the rear, Bro Dawel (the property has a large secondary
lounge window facing the site). An indicative plan has been submitted indicating
how 5 dwellings may be accommodated however it is not sufficiently detailed to
allow me to conclude with certainty that this number of dwellings would be
acceptable.
The applicant has amended the description to delete reference to a specific number of
dwellings, leaving the exact number to be determined at reserved matters stage. The
site is certainly large enough to accommodate 4 or 5 properties, however care will
need to be taken to ensure the design and layout of the site takes account of the
amenity of other nearby properties.
Highways: No objections have been raised by Highways. The specific details of
parking and access arrangements will be dealt with at reserved matters stage, however
I am satisfied that it will be possible to comply with adopted standards.
I appreciate the concerns from local residents regarding highway safety but it is
unlikely that the development will generate a significant volume of additional traffic
so as to increase the danger to other highway users or pedestrians.
With regards to the unadopted access road to the rear, I recognise that it would be
undesirable for any dwellings to utilise it for vehicular access. I would anticipate that
the development would provide vehicular access points onto Ffordd Aeron however
and in any case this is something which can be controlled by condition.
Conclusion: I am satisfied that the site can be developed in accordance with adopted
policy and guidance.
P/2007 /0667
RECOMMENDATION
That permission be GRANTED
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
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.
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.
5.
Vehicular access shall only be gained to the development from Ffordd Aeron
and there shall be no such access gained to any dwelling via the access track adjoining
the southern boundary of the site.
6.
The reserved matters application shall include details of off-street parking
facilities for each dwelling which shall be in accordance with Local Planning
Guidance Note 16 (Parking Standards).
7.
The reserved matters application shall include details of a 2.0m wide footway
to Highway Authority adoptable standard which shall be constructed along the full
frontage of the site prior to first occupation of any dwelling and provide a continuous
footway link along the southern side of Ffordd Aeron.
8.
Foul and surface water discharges shall be drained separately from the site.
9.
No surface water or land drainage run-off shall be allowed to connect (either
directly or indirectly) to the public sewerage system.
10.
No development shall take place within 3 metres to either side of the public
sewer which crosses the site.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
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 the amenities of the future occupants of the buildings
5.
In the interests of highway safety and the amenity of nearby occupiers.
6.
In the interests of highway safety.
7.
In the interests of pedestrian safety.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
8.
To protect the integrity of the public sewerage system.
9.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
10.
To ensure access to the public sewer is maintained and to protect the building's
foundations if access is required.
NOTE(S) TO APPLICANT
Further advice on compliance with Condition No. 4 may be obtained by contacting
the Council's Environmental Protection Section on Wrexham 297041.
Your attention is drawn to the following supplementary notes: 1, 3, 4 and 5.
_____________________________________________________________________
Page No 111
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0669
LOCATION:
Wood Cottage Pant Lane Marford
Wrexham
DATE RECEIVED:
29/05/2007
COMMUNITY:
Gresford
DESCRIPTION:
Erection of dwelling and garage in garden
of existing cottage and alterations to
existing vehicular and pedestrian access
off Pant Lane.
CASE OFFICER:
SJG
WARD:
Marford & Hoseley
APPLICANT(S) NAME:
Mr & Mrs I Bushnell
AGENT NAME:
S Murray & Associates
Mrs S Lea-Murray
_____________________________________________________________________
THE SITE
The site is on the north side of Pant Lane. The site consists of a garden area within a
valley between trees along Quarry Brow and Turnpike Lane.
site
PROPOSAL
Erection of a 4-bedroom dormer bungalow with a 1½ storey garage building, on land
behind the existing dwelling. Access would be via the existing access serving the
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
dwelling, and the proposal includes improvements to the access adjoining the
footpath. Foul drainage would be to a new septic tank/ treatment plant.
RELEVANT HISTORY
21819
22314
22599
P/2006/1382
Residential development
Dwelling and access
Works to TPO trees
Felling of/works to TPO trees
Withdrawn 3/12/1993
Withdrawn 8/7/1994
Granted 12/9/1994
Granted 5/2/2007
DEVELOPMENT PLAN
Within the settlement limits TPO 104 affects the site. A public footpath runs along
the eastern site boundary, outside the application site but within the same ownership.
Policies PS1, PS2, H2, EC4 and GDP1 are relevant, together with LPGN 17 and 21.
CONSULTATIONS
Gresford C Council:
Local Member:
Highways:
Public Protection:
WACS:
Welsh Water:
Env Agency:
Site Notices:
Other representations:
Object on grounds of:
a. Backland development
b. Poor access
c. Additional traffic will add to the traffic situation at the
junction of a country lane and a busy road
d. Inappropriate use of woodland, which should be
retained for the sake of the environment
concerned that the site affects part of a woodland
recommend condition regarding retaining wall.
comments regarding construction works and drainage
Objects strongly to the building of a dwelling within a
woodland area, involving a further constriction of the open
footpath route.
recommend conditions. Point out that there are no foul or
surface water sewers in the vicinity
standard advice applies
expired 25/6/2007
Adjoining occupiers notified 4/6/2007.
One objection received on grounds of:
a. Adverse impact on visual amenity. Proposed dwelling
is directly in line with habitable rooms and the trees
provide little screening in winter.
b. Development would have a severe impact on the
character and appearance of the woodland area.
c. The footpath leading to the woodland would be made
into a narrow and dark tunnel.
d. Increased traffic using dangerous access to Pant Lane
with inadequate visibility.
e. Future occupiers are likely to request further tree
felling.
f. Detrimental impact on wildlife.
g. Septic tank close to site.
Page No 113
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
AGENT’S SUBMISSIONS
The site is currently a large garden for Pant Cottage. It enjoys permitted development
rights and is not part of the designated woodland. The site has changed significantly
in recent years following removal of dead and dangerous trees (with consent) and the
building of new dwellings on both sides. The site now appears as an undeveloped gap
within the settlement limits.
SPECIAL CONSIDERATIONS/ ISSUES
Policy: The site is within the settlement limits, with the exception of a few metres at
the northern end (where no development is proposed).
Residential amenity/Separation distances: The proposed dwelling is set at a low
level in comparison with the properties and lanes on the east and west sides. The
difference in levels is so great (4+ metres) that the overlooking issue is not
particularly important. The design of the dwelling is based on main ground floor
living room and first floor bedroom windows facing north and south, with only 3
ground floor windows facing north and south.
The access to the proposed dwelling will pass close to the existing dwelling, through a
3 metre gap between the wall of the house and the boundary of the public footpath.
The plans make reference to the blocking up of a window on the front elevation. The
impact of traffic on the existing property is a material issue.
Trees/Hedgerows: The siting of the proposed dwelling meets the requirements of
LPGN17, and there are no objections based on TPO considerations and policy EC4.
The development will have an adverse impact on the hedge running along the
boundary with the public footpath on the eastern side since the house is only a very
small distance from it.
Access: The scheme has been designed with input from the highways, and includes
an improved access serving the new and existing dwellings. However the access to
the new dwelling passes only a very short distance from the front of the existing
dwelling and I consider it would have a severe adverse impact upon the residents.
Drainage: The new treatment plant and effluent drainage system to the north will
have to comply with the Building Regulations.
Impact on the character and amenity of the locality: The location is a special one,
with an important footpath leading out of the village to the former quarry and beyond.
It is an area of high amenity value, containing mature trees on both sides. The
development of a dwelling on the site would involve some constriction of the open
aspect enjoyed by walkers, and the new hedge planting and section of 2 metre fence
proposed will add to this impact. This issue was raised in the 1993/4 applications and
would have been a reason for refusal, had the applications not been withdrawn.
However the points made by the agent concerning the recent development around the
site are very relevant.
Page No 114
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Conclusion: The issues raised in the previous application relating to loss of trees and
highway safety have been overcome by the submitted scheme and previous TPO
consents. However the amenity issues remain.
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
Notwithstanding the location of the site within the settlement limits, the
development will detract from the character of the locality and adversely affect the
enjoyment of the woodland setting of the public footpath, which is an important
approach to Marford Wood. For these reasons the proposal would be contrary to
policy GDP1a of the adopted Wrexham Unitary Development Plan.
2.
Notwithstanding the location of the site within settlement limits, the
development proposed would be unsatisfactory and undesirable having regard to the
use of a shared vehicular access passing directly in front of an existing dwelling. For
these reasons the proposal would be contrary to policy GDP1a of the adopted
Wrexham Unitary Development Plan.
_____________________________________________________________________
Page No 115
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0670
COMMUNITY:
Caia Park
LOCATION:
65 Tanydre Wrexham
DATE RECEIVED:
29/05/2007
DESCRIPTION:
Extension to dwelling (in retrospect).
CASE OFFICER:
CB
APPLICANT(S) NAME:
Mr D A Brockhurst
WARD:
Wynnstay
AGENT NAME:
Mr D A Brockhurst
_____________________________________________________________________
Rear Porch
Existing
Extension
SITE
As above.
Page No 116
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
PROPOSAL
As above.
HISTORY
None relevant.
DEVELOPMENT PLAN
Within settlement limit therefore policies PS2 and GDP1 of UDP & Local Planning
Guidance Note 20: House Extensions and 21: Space around Dwellings apply
CONSULTATIONS
Community Council:
Local Member:
Adjoining occupier:
Site Notices:
Notified 30th May 2007
Notified 30th May 2007
One letter of objection received which raises issues
regarding discussions held between neighbours, length
and height of building and the impact on light to garden
and over dominance, security risk and size.
Expired 22nd June 2007
SPECIAL CONSIDERATIONS
Main Issues: The scale and design of the existing extension and the impact in terms
of loss of light and over dominance on the adjacent properties and existing property.
Design and Scale: The single storey pitched roof extension measures 5.4 metres long
and 3.4 metres wide and 3.4 metres to its highest point. The length of the extension
would not project more than one third of the garden length and more than the
minimum garden area would remain, even though the rear half of the garden is
separated by a gate.
Amenity and Daylight: The extension fails the horizontal but passes the vertical test
on the kitchen window of the adjacent properties on either side. This would satisfy the
BRE standards in terms of guidance on site layout planning for daylight and
extensions.
The 2.2m high boundary wall between the end of the extension and the garage of
no.66 Tan y Dre would appear to cause more over shadowing to the garden area in
terms of the horizontal test. The 0.3-0.4metre difference in ground levels between
no.66 and no.65 further limits the impact of overshadowing and over dominance on
the garden area of no.66. The presence of outbuildings within the garden of the
adjacent properties of no.63 and no.64 further limits the impact of overshadowing
created by the extension.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Other Issues: The discussions held between neighbours are not planning
considerations. The pitched roof of the extension would cause less of a security risk
than a flat roof and the enclosed U shape of houses and flats creates an area of natural
surveillance.
Conclusion: The extension would satisfy Policy GDP1 in terms of design, scale and
use of materials and would not negatively impact on the amenity of the adjacent
occupiers and the visual amenity of the area.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
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.
REASON(S)
1.
To ensure that the development fully complies with the appropriate policies
and standards.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
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.
_____________________________________________________________________
Page No 118
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0676
LOCATION:
Land Adjacent To Dolywern Victoria
Street Rhosllanerchrugog Wrexham
DATE RECEIVED:
30/05/2007
COMMUNITY:
Rhos
DESCRIPTION:
Erection of three bedroom detached
dwelling
CASE OFFICER:
SEH
WARD:
Pant
APPLICANT(S) NAME:
Mr J Radford
AGENT NAME:
Bryson Design Ltd
_____________________________________________________________________
THE SITE
Wern Lane
Application
Site
PROPOSAL
As above.
HISTORY
P/2006/1056
6/20295
Outline application for residential development
Outline application for residential development
Granted 05.06.92
Page No 119
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Within settlement limit. UDP Policy GDP1, PS1, H2 and T8 apply. Local Planning
Guidance Note Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also
relevant.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Welsh Water:
Environment Agency:
Other Representations:
Site Notice:
Notified 31.05.07
Notified 31.05.07
Notified 31.05.07
No objection subject to recommended conditions
No objection subject to recommended conditions
Guidance to developers provided
One letter of objection received objecting on the
following grounds:
1) Possible overlooking into the adjacent rear garden;
2) Insufficient parking capacity along Victoria Street;
3) An additional dwelling on Victoria Street would
cause danger to road users.
One further letter of objection received but, following
further consideration of the details of the proposal, the
objection was withdrawn.
Expired 22.06.07
SPECIAL CONSIDERATIONS/ISSUES
Background: The application is for the reserved matters following the grant of
outline permission in 2006 (previously approved back in 1992). The siting, access
and parking arrangements have previously been approved, and this application
includes the detail of the design and external appearance of the dwelling, together
with the proposed landscaping for the site. The main issues to consider are the
appearance of the property in relation to the area, the impact on the residential
amenity of surrounding properties and the implementation of a new vehicular access
and parking scheme.
Design: The proposed dwelling is of simple design set in line with the adjacent
properties. Although the property to the left is only single storey, the proposed twostorey dwelling does not overdominate it and is in keeping with the streetscene, as
shown below.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Residential Amenity: The windows proposed on the first floor at the rear of the
dwelling are for bedrooms 1 and 3. Although it would be possible to see the adjacent
garden from these windows, there would be no direct overlooking, and no loss of
residential amenity to an extent that would in my view justify refusal of this
application.
Parking: The proposed dwelling will have 3 no. bedrooms. In accordance with LPG
16 a maximum of 3 no. parking spaces in required. This has been achieved at the site
through the provision of a tarmac driveway to the side of the proposed dwelling, and
it is not considered that this development would put additional pressure on the current
parking levels on Victoria Street or give rise to additional danger to road user.
Conclusion: The proposal complies with GDP1(a) in that the design, scale and size
accords with character of the area and does not negatively impact upon the existing
street scene or the surrounding residential properties in terms of residential amenity.
The scheme meets the requirements of the previous outline conditions and accords
with local policy and guidance, and the proposal would not represent a danger to road
users. 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.
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.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
3.
Development shall only be carried out in strict accordance with the amended
plans unless the prior written approval of the Local Planning Authority has been
obtained.
5.
Any gates to be erected at the proposed access shall be a minimum of 5 metres
from the edge of the adjacent carriageway.
6.
Prior to first use of the development, a visibility splay shall be provided from
the proposed access onto Victoria Road of 2.0m x 18m in both directions measured
along the nearside edge of the adjoining highway in which there shall be no
obstruction in excess of 1.0m in height. The visbility thereby created shall be retained
thereafter clea of obstruction.
7.
The tarmac driveway indicated on the approved plan shall be fully
implemented prior to first use of the development, and shall thereafter be retained free
of all obstruction and made available for the parking of vehicles in connection with
the proposed development.
8.
There shall be no discharge of surface water to the combined sewer system.
9.
All foul drainage shall be directed to a foul sewerage system and all surface
water drainage to a surface water system unless otherwise agreed by the Local
Planning Authority.
10.
No land drainage run-off shall be permitted, either directly or indirectly, to
discharge into the public sewerage system.
11.
The existing trees, shrubs and hedges indicated on drawing(s) No(s)
DR/2007/043/001 to be retained shall not be cut down, grubbed out, lopped or
uprooted without the previous written permission of the Local Planning Authority.
Any pruning of trees approved shall be carried out in accordance with the current
British Standard 3998 and subsequent revisions (Tree Work). Any tree, shrubs or
hedges removed without such permission, or being severely damaged or diseased
within three years of the date of occupation of the development for its permitted use
shall be replaced with trees, shrubs and hedging plants of such a size and species as
may be agreed with the Local Planning Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
5.
In the interests of highway safety.
6.
In the interests of highway safety.
7.
In the interests of highway safety.
8.
There is insufficient capacity in the existing system to cater for additional
surface water flow.
9.
To ensure the proper drainage of the site and to minimise the risk of pollution
10.
To ensure the proper drainage of the site and to minimise the risk of pollution
11.
To ensure the amenity afforded by the trees is continued into the future.
NOTE(S) TO APPLICANT
All works, ancillary operations and the use of plant and machinery which are audible
at the site boundary shall be carried out only between 08.00 hours to 18.00 hours
Page No 122
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays, and at no time
on Sundays and Bank Holidays.
There shall be no bonfires on the site, to include the prohibition of the burning of
cleared vegetation.
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.
_____________________________________________________________________
Page No 123
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0677
LOCATION:
126 Benjamin Road Wrexham
DATE RECEIVED:
30/05/2007
COMMUNITY:
Caia Park
DESCRIPTION:
Single storey rear basement extension and
two storey side extension to replace
existing garage with bedroom above.
CASE OFFICER:
PF
WARD:
Smithfield
APPLICANT(S) NAME:
Mr S Williams
AGENT NAME:
Plot 2 Design Limited
Mr Paul Tulk
_____________________________________________________________________
SITE
Single storey
extension
with balcony
on roof space.
Open space
Two storey
side
extension.
Bedroom
window at
No.124
PROPOSAL
The proposal is to erect a single storey extension at the rear of the property and a two
storey extension to the side of the property. The site is sloping with a three storey
elevation to the rear and two storey to the front. The extension to the side of the
dwelling measures 3 metres by 4.23 metres and is set back from the front of the
property. The rear extension measures 7.8 metres by 3 metres with a balcony area and
external step access from the garden.
Page No 124
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
None.
DEVELOPMENT PLAN
Within the settlement limit. Policies GDP1(a) and PS2 of the UDP and LPG 20 –
House Extensions applies.
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
Consulted 31.05.2007. No objection to
proposal.
Notified 31.05.2007
6 neighbours notified. 3 letters of objection
received raising the following concerns:

Amount of natural light to bedroom will
be reduced

Natural light to cellar room will be
reduced

The veranda area will lead to a loss of
privacy to neighbouring gardens.

The extension will cover the drainage to
the rear causing problems with access.
Expired 22.06.2007
SPECIAL CONSIDERATIONS
Amenity: Both elements of the proposal satisfy the BRE daylight tests as set out in
Local Planning Guidance Note 20 – House Extensions. However there are issues that
have been identified in relation to loss of privacy and separation distances. The
extension to the side of the property faces the side elevation of No. 124 Benjamin
Road which features a bedroom window. The minimum separation distance as set out
in LPG 20 – House Extension should be 13 metres, however the actual distance would
be 4.2 metres. I am of the opinion this would lead to a detrimental loss of light to the
habitable room window at No. 124. At the time of writing this report, amended plans
have been sought to address this issue and the side extension is being reduced to a
single storey. This will remove the need to consider the impact upon the habitable
room window at No. 124 Benjamin Road.
The area that would be created on the roof space of the extension would in effect
create a balcony, as access would be required to the middle floor of the property. This
would lead to an unacceptable loss of privacy to the neighbouring properties on either
side. The requested amended plans have sought to address this issue by erecting
screening on either end of this balcony roof space to a minimum of 1.8 metres. This
would be conditioned to remain.
Design: The design of the scheme is largely in keeping with the rest of property. The
side extension is set back from the front of the property and clearly appears subsidiary
to the existing dwelling. Although the extension to the rear is of flat roof design, it is
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
set well down into the site and will not affect the character of the dwelling or
immediate area. The proximity of the extension to the drainage system is an issue that
would be dealt with at the building regulations stage.
Parking: The intention of the amended plans is to make the existing garage space
along the side of the house into a bedroom. This will lead to the loss of the garage
space and the increase in number of bedrooms to three thus requiring 3 parking
spaces. There will be the provision for 2, however given the proximity to the town
centre I see no reason to refuse the application on this basis.
Conclusion: I am satisfied that, should amendments to the scheme be submitted
addressing the above original concerns relating to loss of privacy and loss of light to
the neighbouring windows I recommend accordingly.
RECOMMENDATION A
That permission be REFUSED for the following reasons:
1
2
The rear extension, by virtue of its siting and design, will create an accessible
roof space leading to a detrimental loss of privacy to the neighbouring
properties at Nos 124 and 128 Benjamin Road. To allow this development
would be contrary to Policies PS2 and GDP1 of the Wrexham Unitary
Development Plan and Local Planning Guidance Note 20 – House Extensions.
The side extension, by virtue of its siting and scale, will lead to a detrimental
loss of light to the habitable room window at No 124 Benjamin Road. To
allow this development would be contrary to Policy GDP1 of the Wrexham
Unitary Development Plan and Local Planning Guidance Note 21 – Space
Around Dwellings.
RECOMMENDATION B
Should amended plans be submitted, permission is GRANTED subject to the
following conditions: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.
3.
The development shall only be carried out in accordance with the amended
plan(s).
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
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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 a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 127
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0701
LOCATION:
Llay Stores 2 Gresford Road Llay
Wrexham
DATE RECEIVED:
01/06/2007
COMMUNITY:
Llay
DESCRIPTION:
Conversion of existing shop and bedroom
dwelling to 2 no. two bedroom dwellings
CASE OFFICER:
SJG
WARD:
Llay
APPLICANT(S) NAME:
Mr & Mrs White
AGENT NAME:
Blue Print
_____________________________________________________________________
THE SITE
The property is one of two adjoining cottages and comprises a 4 bedroom dwelling
with a shop occupying the roadside part of the ground floor. Access to the Gresford
Road is via a shared access on the south-east side of the property, also serving the
adjoining dwelling.
PROPOSAL
Conversion of the existing ground floor shop and alterations to the existing dwelling
to form 2no two bedroom dwellings. The alterations involve demolition of a dwarf
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
wall on the frontage and part of a kitchen at the rear, creation of 4 parking spaces,
blocking-up of the shop window facing the road, installation of 2 new windows on the
rear elevation and installation of one new window on the front.
RELEVANT HISTORY
P/2006/0092
Conversion of shop area to create additional dwelling
Refused 8/5/2006
DEVELOPMENT PLAN
Within the settlement limits Policies S9 H4 and GDP1 of UDP together with LPGN
16 and 21 are relevant.
CONSULTATIONS
Llay C Council:
Local Members:
Highways:
Site Notice:
Other representations:
No observations.
No observations.
Consider that the proposals are acceptable given the
removal of traffic problems and the nominal increase in
vehicles using the access resulting from the proposal.
Expired 28/6/2007
Adjoining occupiers notified 6/6/2007
1 letter of support received.
The alternative would involve neighbours having to endure
the serious parking and safety problems caused by
customer and delivery parking, close to a major junction.
APPLICANT’S STATEMENT:
The present owners bought the property in November 2004 ago after the attempts by
the previous owner to sell the property for more than 7 years. They tried to operate it
as a newsagents and general store, but the shop was not used for convenience
shopping. It closed in December 2005. The parking arrangements for the shop cause
traffic hazards due to the location near the cross roads and traffic lights, and the
proposal would improve this situation. They see a conversion of the property to two
small dwellings as a more secure investment for the future.
The proposal has now been amended to increase the amenity space of both units, with
20 and 23 m2 provided.
SPECIAL CONSIDERATIONS/ ISSUES
Policy: The premises are located in an area of Llay where the presence of a
neighbourhood shop is a useful asset. Under policy S9 the applicants should
demonstrate that either the use is no longer viable, or that the loss of the facility would
not prove detrimental to the locality. It is noted that the premises have been on the
market for a significant period. It is accepted that the location is not ideal for a
neighbourhood shop due to the restricted parking on a busy road.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Residential Amenity: The area to the front is entirely taken up with parking.
The amenity space at the rear is now near to the standard in the guidance note 21, and
the areas are accessible from each property. However the land is a narrow yard
adjoining the public house car park. It would in my view not be a usable area of
private open space
Parking and highway issues: The removal of the shop use would result in a reduced
requirement for parking. Highways recognise that the proposals represent only a
modest increase in traffic generation at the site.
However the 4 parking spaces in front of the dwellings are very tight and leave little
room for manoeuvring or access to the adjoining cottage. They are not of an adequate
standard and would give rise to parking and reversing on the highway. Although
photographs show that it is possible to park four cars there, because of the extremely
restricted area and access, the reality is that vehicles would park on the highway
and/or reverse out of the site.
Conclusion: I do not consider that the revised application does not overcome the
previous reasons for refusal which again form the basis of my recommendation below.
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The proposed development represents an over development of a restricted site
with inadequate provision of amenity space for the two proposed dwellings. For this
reason the proposal is considered to be contrary to policy GDP1(a) of the Wrexham
Unitary Development Plan and the adopted Local Planning Guidance Note Number
21 - Space Around Dwellings.
2.
The proposed development does not make adequate provision for the parking
of vehicles clear of the public highway. For this reason, the proposed development
would be contrary to policy GDP1(d) of the Wrexham Unitary Development Plan.
_____________________________________________________________________
Page No 130
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0708
LOCATION:
Primrose Cottage Kiln Lane Cross Lanes
Wrexham
DATE RECEIVED:
05/06/2007
COMMUNITY:
Sesswick
DESCRIPTION:
Variation of conditions 4, 5 & 6 of
Planning Permission code no. P/2007/0064
to allow direct access to highway.
CASE OFFICER:
MP
WARD:
Marchwiel
APPLICANT(S) NAME:
Mr & Mrs D Humphries
AGENT NAME:
Mr B Smith
_____________________________________________________________________
Proposed access directly
onto Kiln Lane
Approved site access (through
car park of adjacent pub)
New dwelling (currently
under construction)
PROPOSAL
The recently granted planning permission (P/2007/0064) for the new dwelling only
permitted access onto Kiln Lane via the existing access serving the Kiln Inn. This
arrangement and the associated visibility splays were restricted by condition. The
applicants are proposing to vary these conditions to allow access to be gained directly
from the site onto Kiln Lane. Members may recall that following the site committee
meeting on 16 March for the previous application they expressed a preference for the
access arrangements now proposed.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
P/2004/1200 Change of use to residential and erection of detached double garage,
erection of 1 No. new 4 bedroomed detached house and new double
garage and extension to curtilage. Refused 3.11.2004
P/2004/1630 Erection of dwelling. Refused 11.02.2005. Allowed on appeal
26.7.2005
P/2004/1631 Change of use of existing licensed premises to residential and erection
of double garage
Granted 7.3.0.5
P/2007/0064 Erection of detached dwelling and garage. Granted 16.3.2007
DEVELOPMENT PLAN
Outside settlement limit. Policies GDP1 and H5 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other representations:
Site Notice:
Community Councillors do not support this application
and have the following comments:
- It seems unreasonable for the applicant to be asking
for a variation of conditions so soon after the
application has been granted. It could be argued
that it must surely have been the intention for the
development to have direct access onto Kiln Lane
from the outset and that the original application was
disingenuous in stating otherwise. One
interpretation is that the applicant wishes to bring
forward piecemeal proposals, so as to make them,
when considered individually, more palatable for the
planning authorities.
- It appears that the driveway will not easily
accommodate the turning of vehicles if more than a
small number are present. The concern is that at
times this may lead to vehicles reversing out onto
Kiln Lane.
Notified 6.6.07
Plans are acceptable in terms of providing adequate
visibility and also parking/turning facilities.
Recommend conditions are attached to the permission.
Adjoining properties notified 7.6.07
Expired 28.6.07
SPECIAL CONSIDERATIONS
Background: At the suggestion of Members following the site meeting in March, a
note t o applicant was added: “The Council would prefer to see a new safer access to
the east of the current proposal and you are asked to contact the Council’s Highway
Officer to discuss alternatives.”
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Highways:
Visibility Approved scheme: 23m (west) 133m (east)
This scheme: 40m (w) 120m (e)
The access onto Kiln Lane will have adequate visibility. The driveway allows for at
least 2 vehicles to be parked clear of the highway whilst leaving sufficient space for
them to turn within the site. The dwelling will also have a double garage thus
providing a total of 4 parking spaces, which accords with the Council’s adopted
maximum parking standards (LPG16) for 4 bedroom dwellings.
Conclusions: I am satisfied the proposals are acceptable and accord with the relevant
UDP policies.
P/2007 /0708
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
Visibility from the proposed access onto Kiln Lane shall be maintained at 2.4
x 40 metres to the west and 2.4 x 120 metres to the east measured along the nearside
kerb edge of the adjoining highway within which there shall be no obstruction in
excess of 1 metre in height.
2.
The proposed access shall be hard paved using bound materials for a distance
of 5 metres behind the highway boundary prior to the first use of the access.
3.
Not withstanding the provisions of the Town and Country Planning (General
Permitted Development) Order Schedule 2 Part 2 Class A, no gates shall be erected
within 5 metres of the highway boundary.
REASON(S)
1.
To ensure adequate visibility is provided at the proposed point of access to the
highway.
2.
To ensure no deleterious material is carried onto the highway.
3.
In the interests of highway safety.
NOTE(S) TO APPLICANT
Your attention is drawn to the following supplementary notes 1, 3, 4 and 5.
_____________________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0732
LOCATION:
Land East Of Hill Crest Llanerch Road
Froncysyllte Llangollen
DATE RECEIVED:
11/06/2007
COMMUNITY:
DESCRIPTION:
Erection of bungalow
CASE OFFICER:
MP
WARD:
APPLICANT(S) NAME:
Mr J T Jones
AGENT NAME:
John R Miles, RIBA
_____________________________________________________________________
SITE
Part of the garden area of the existing dwelling known as Hillcrest, Yr Ochr.
Proposed dwelling and parking area
Existing dwelling
PROPOSAL
To subdivide the existing property into two plots to allow for the erection of a
bungalow in the garden area of the existing property. The proposals also involve
alteration to ground levels to allow for the formation of a vehicular access and parking
area.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
P/2007/0109. Erection of a bungalow. Withdrawn 17.5.07.
DEVELOPMENT PLAN
Within settlement limit. Policies PS2, GDP1 and H2 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Welsh Water:
Environment Agency:
Other representations:
No objections. Councillors would like to see a slated
roof and stone walls in place of tiles and render.
Notified 13.6.7
Recommend conditions requiring appropriate standards
for the access and parking area.
Public Protection:
Advise notes recommending
measures to minimise the impact of the development
during construction. No objections to use of a septic
tank and soak aways provided they are suitable.
No comments as the applicant intends to use a private
facility.
Standard advice applies.
2 letters of objection received(from the same person)
expressing the following concerns:
- it is incredulous that a further application can be
considered when work carried out based on the
original plan failed planning permission has yet to
be returned to its original appearance, layout and
structure;
- the parking area built to the original plan is still
present;
- cannot understand how months of building work and
site preparation can be undertaken yet the council
have yet to approve plans;
- the planning application contains false information
and omissions that should immediately have it
rejected;
- the applicant has failed to declare that a public
footpath runs immediately adjacent to the site and
leads to a nature reserve. Work has and will be
undertaken on this footpath;
- no way leave granted or available for a new property
to use the septic tank;
- the applicant claims that no trees are to be felled yet
to date numerous trees have been lost with more
being felled virtually daily;
- work in being undertaken within the highway and a
public footpath without the correct health and safety
provisions being made on site;
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
proposals would contravene the Council’s planning
guidelines, have a serious effect on nature and
environment together with questionable proposals
for sewage disposal, landscaping and tree
preservation;
- there will be huge disruption to wildlife of the
nature reserve;
- Pisgah reserve looks out over the site and offers
great views. This addition would not contribute to
this feature;
- Numerous trees will be lost;
- The plan fails to provide safe access, parking and
manoeuvring on such a narrow lane and near to a
footpath entrance and makes no application to
prevent an incident opposite the sloped driveway.
Some form of barrier is needed;
- There is currently a failed development adjacent to
Hillcrest which has been a blot on the landscape for
years. This new proposals will sandwich the
beautiful Hillcrest cottage between two new
dwellings;
- The applicant has already commenced development
without approval;
- The area has been decimated by tree felling and land
clearance for the sole purpose of this development
and its own views.
Expired 10.7.07
-
Site Notice:
SPECIAL CONSIDERATIONS
Background: The applicant submitted similar proposals earlier this year, however the
proposals failed to make adequate provision for off-street parking and safe access
arrangements and were subsequently withdrawn. The siting and design of the
bungalow is the same as the previous proposal, however changes have been made to
allow for the provision of a parking area. The parking area will be located between
the new bungalow and the adjacent Hillcrest cottage and will require the existing
ground levels to be altered by approximately 1-1.5 metres.
Siting and design: The siting of the dwelling is acceptable and would not adversely
impact upon the amenity of other nearby occupiers by way of loss of light or privacy.
There will be a requirement to carry out some engineering operations in the existing
garden area owing to be being set into a bank, however I do not anticipate these works
will be on a significant scale. There are already retaining walls in the garden and I
anticipate these would need to be set approximately 2 metres further back from their
current location.
The proposed bungalow is of a fairly simple design and I am satisfied that it will not
detract from the character of the area.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The proposals will provide the new dwelling with adequate private garden space
whilst leaving sufficient garden space for the existing dwelling.
I note the comments made by the Community Council but given that other nearby
properties have a render finish painted white, a similar external finish on the proposed
dwelling will not look out of place. With regards to roof materials, I will attach a
condition requesting samples to ensure the tiles used are appropriate.
Access and parking arrangements: The proposed parking area will bring about the
most significant alterations to the appearance of the site. The works will involve the
removal of an existing retaining wall fronting the highway and alterations to the
ground level to allow a 2 space parking area to be created. The parking area will be
approximately 1.5 metres lower than the ground levels of both the existing and
proposed dwelling. New retaining walls will be required around the parking area.
Provided these are well designed, I am satisfied that this arrangement will be
acceptable.
Highways have raised no objections to the proposals subject to the access and parking
areas being constructed to appropriate standards. The required visibility splays cross
the adjacent public footpath and part of the garden area of a nearby property. The
owner of that property has confirmed that are willing to maintain their land to ensure
the required splay is not obstructed.
Other issues: A nearby occupier who is particularly concerned about the proposals
has raised a number of issues.
I am satisfied that the development will not adversely impact upon landscape features,
habitats or trees which are afforded specific protection given that all of the
development works will take place within the garden area of the existing dwelling.
There are no trees covered by Tree Preservation Orders on the land and the site is
some 160 metres from the Ffroncysyllte Quarries Wildlife Site.
I understand that works have been undertaken to cut back some vegetation along the
boundary with the public footpath. There are no planning restrictions preventing the
applicant from removing trees and vegetation on land he owns. If any clearance or
other works are undertaken on land outside of the applicant’s control, this is a matter
for the owner of the affected land to resolve with the applicant privately. I am
satisfied that the trees and vegetation within the boundary of the application site are of
no significant value to the visual amenity of the area and that suitable landscaping
works can be carried out to mitigate against their loss.
It does not appear (at the time of writing) that the applicant has undertaken works that
could constitute commencement of development (such as constructing of footings or
creating the access). However if he does choose to undertaken any such works in
advance of a decision being taken on this application, he will be doing so at his own
risk.
The proposals do not affect or impact upon the public footpath running along side the
site or the highway, although the applicant will need to ensure that the new retaining
wall are stable. Any works affecting the existing retaining wall will require technical
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
approval from the Highway Authority under the provisions of the Highways Act
1980. An advisory note will be attached.
The matter of whether the applicant has the right to connect an additional dwelling to
a septic tank is outside of the scope of planning control. If he requires the permission
of a third party to do so, this is a private matter.
Conclusion: I am satisfied the development is acceptable and accords with the
adopted policies.
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.
Prior to their use on the development samples of all roofing materials shall be
submitted to and approved in writing by the Local Planning Authority. The
development shall only be carried out in strict accordance with such details as are
approved.
3.
The development shall only be carried out in strict conformity with the details
shown on the approved drawings and in the application documentation.
4.
No development shall commence until full details of all proposed retaining
walls have been submitted to and approved, in writing, by the Local Planning
Authority. The development shall only be carried out in strict accordance with the
details as approved.
5.
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.
6.
The visibility splays shown on the approved plans shall be provided prior to
the first occupation of the dwelling hereby approved and thereafter maintained.
Within the splays there shall be no obstruction in excess of 1.0m above the adjoining
highway.
7.
The access and parking areas shall be constructed prior to the first occupation
of the dwelling, shall be constructed with a maximum gradient of 1:8 and shall be
hard surfaced using hard bound materials for a minimum of 5m behind the highway
boundary.
8.
No surface water run-off shall be allowed to flow onto the adjoining highway
from the driveway. An Aco drain or similar shall be constructed across the access to
intercept any such run-off prior to the first occupation of the dwelling and thereafter
retained.
9.
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).
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REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
6.
To ensure that adequate visibility is provided at the point of access to the
highway.
7.
To ensure the formation of a safe and satisfactory access
8.
In the interests of highway safety.
9.
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.
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 technical approval for any construction works affecting the
existing retaining wall adjoining the highway along Yr Ochr and any change of use of
land supported by the wall in relation to structural stability will be required under the
provisions of the Highways Act 1980. You should contact the Operation Manager
Transportation Planning (Mr Kelvin Arden) on telephone number (01978) 297174.
You are advised that Public Footpath No 89 passes adjacent to the north-west of the
site and should not be interfered with.
All works, deliveries of materials, ancillary operations and the use of plant and
machinery which are audible at the site boundary shall be carried out only between
07.30 hours to 18.00 hours Monday to Friday, between 08.00 hours to 14.00 hours on
Saturdays and at no time on Sundays and Bank Holidays.
There shall be no fires on the site to include the prohibition of the burning of cleared
vegetation.
A suitable dust management scheme shall be implemented on site to prevent dust
nuisance arising from the demolition phase of the development.
_____________________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0735
LOCATION:
23B Chester Road Gresford Wrexham
DATE RECEIVED:
12/06/2007
COMMUNITY:
DESCRIPTION:
Removal of condition no. 3 to permit use
of premises as a takeaway.
CASE OFFICER:
DSW
WARD:
APPLICANT(S) NAME:
Mr Mostab Sarwar
AGENT NAME:
Gittins MacDonald
_____________________________________________________________________
P/2007 /0735
THE SITE
The existing shop premises to the rear of Gresford Post Office.
Public car
park
The site
PROPOSAL
As above.
Page No 140
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
P/2000/0835
P/2006/0072
P/2006/0896
P/2007/0736
Change of use from grocers general store to delicatessen/coffee
shop. Approved 30.10.2000
Relaxation of conditions 2 and 3 imposed under planning
permission code no. P/2000/0835 to allow premises to operate
as A3 use between the hours 9.00 – 20.30 hours.
Temporary permission granted 03.04.06 (until 30 June 2007).
Canopy and extraction system. Approved 02.10.06
Relaxation of Conditions 1 and 2 of planning permission Code
No P/2006/0072 to continue use of premises as restaurant and
extension of permitted hours to 11.00pm. Awaiting decision.
DEVELOPMENT PLAN
Site lies within the District Shopping Centre and settlement limit of Gresford.
Policies S5 and GDP1 apply. Local Planning Guidance Notes Nos 9 and 16 apply.
CONSULTATIONS
Community Council: Notified 25.01.06
Local Member:
Expresses concerns with regards to the proposed takeaway use
but no objections to the continued use as a restaurant.
Public Protection:
No objections.
Highways:
Notified 14.06.07
Adjoining Occupiers: Two letters received from adjoining occupiers objecting on the
following grounds:
i)
Concerned about the nature of the business changing
from a day time to an evening use.
ii)
Increased disturbance as a result of noise, traffic, being
overlooked, loss of privacy; possible anti-social
behavioural issues and litter, increased light pollution.
iii)
Concerned they are operating a takeaway without
permission.
iv)
There has been a steady build up in the takeaway trade.
v)
Also oppose the extension of opening hours to 11.00pm.
vi)
The village already has several food outlets not least a
Chinese takeaway just across the main road.
Site Notice:
One letter of support for the application.
Expired 06.07.07
SPECIAL CONSIDERATIONS/ISSUES
Background: Planning permission was granted on 30 October 2000 for a
delicatessen/coffee shop. This permission (P/2000/0835) was granted subject to two
conditions which restricted the use to between 0900 hours and 1900 hours on any day
(Condition 2) and that no part of the premises shall be used except for the precise
purposes described in the application, plans and documents. A further application to
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
allow the premises to be used as A3 use between the hours of 0900 hours to 2230
hours was approved under Code No P/2006/0072 on 3 April 2006. This was a
temporary permission expiring on 30 June 2007 where the hours of opening would
revert back to 0900 to 2030 (Condition 1). A further condition (3) restricted the use
preventing it from being used as a takeaway stating that hot food or drinks sold for
consumption off the premises shall be deliveries only.
The purpose of this application is to remove Condition 3 of permission P/2006/0072
to permit its use as a takeaway. The premises have been operating as a takeaway for
at least six months, contrary to the terms of the existing permission and concerns have
been raised by local residents. My enforcement officers have been gathering evidence
for possible action.
Policy: The site lies within the District Shopping Centre as defined in the adopted
Unitary Development Plan. There are no objections, in principle, subject to the
proposal satisfying Policy GDP1. Local Planning Guidance Note No 9 “Restaurant,
Public Houses, Non Food Takeaways also includes that A3 uses are appropriate in
district centres and local shopping parades provided the number and/or concentration
is not so great as to detract from the attractiveness of the area as a shopping centre.
The current premises lie to the rear of the main frontage in Gresford. Provided
matters in respect of parking, noise/disturbance and general impact upon residential
amenity are adequately addressed, there would be no objections.
Amenity: The previous conditions were imposed in the interests of the amenity of
the area as existing housing in Orchard View lies directly opposite the premises. In
particular, it was considered necessary to prevent its use as takeaway given its
potential to adversely affect neighbouring residents. The previous consent therefore
only allowed for deliveries of hot food and drink. To allow a further relaxation would
result in an intensification of use which potentially could result in a significant
increase in noise and disturbance to residents living directly opposite the site.
Objections have been received from neighbouring occupiers highlighting concerns
caused by the takeaway business, namely disturbance, customers congregating
outside, starting car engines and opening or shutting car doors.
Enforcement: I have already served a Breach of Condition Notice in this matter and
if the recommendation is accepted will continue with the appropriate action.
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The proposed takeaway use would result in potential nuisance to neighbouring
residents by virtue of an increase in disturbance, increased vehicle movements, litter
and customers congregating outside the premises. To allow the development would
be contrary to Unitary Development Plan policy GDP1 and the requirements of Local
Planning Guidance Note No 9 - Restaurants, Public Houses and Hot Food Takeaways.
_____________________________________________________________________
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0736
COMMUNITY:
WARD:
LOCATION:
23B Chester Road Gresford Wrexham
DESCRIPTION:
Relaxation of conditions 2 and 3 of
planning permission code no.P/2006/0072
to continue use of premises as restaurant
and extension of permitted hours to
11:00pm.
DATE RECEIVED:
12/06/2007
CASE OFFICER:
DSW
AGENT NAME:
Gittins McDonald
APPLICANT(S) NAME:
Mr Mostab Sarwar
_____________________________________________________________________
P/2007 /0736
THE SITE
For plan of site – see previous report (P/2007/0735).
PROPOSAL
As above.
HISTORY
P/2000/0835
P/2006/0072
P/2006/0896
P/2007/0735
Change of use from grocers general store to delicatessen/coffee
shop. Approved 30.10.2000
Relaxation of conditions 2 and 3 imposed under planning
permission code no. P/2000/0835 to allow premises to operate
as A3 use between the hours 9.00 – 20.30 hours.
Temporary permission granted 03.04.06 (until 30 June 2007).
Canopy and extraction system. Approved 02.10.06
Removal of Condition No 3 to permit use of premises as a
takeaway. Awaiting decision.
DEVELOPMENT PLAN
Site lies within the District Shopping Centre and settlement limit of Gresford.
Policies S5 and GDP1 apply. Local Planning Guidance Notes Nos 9 and 16 apply.
CONSULTATIONS
Community Council:
Local Member:
Notified 25.01.06
Expresses concerns with regards to the proposed
takeaway use but no objections to the continued use as a
restaurant.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Public Protection
Highways:
Adjoining Occupiers:
Site Notice:
No objections
Notified 14.06.07
Two letters received from adjoining occupiers objecting
because of concerns about the nature of the business
changing from a day time to an evening use and the
extension of hours to 11.00pm. One letter of support
for the takeaway and restaurant use.
Expires 06.07.07
SPECIAL CONSIDERATIONS/ISSUES
Background: Planning permission was granted on 30 October 2000 for a
delicatessen/coffee shop. This permission (P/2000/0835) was granted subject to two
conditions which restricted the use to between 09.00 hours and 19.00 hours on any
day (Condition 2) and that no part of the premises shall be used except for the precise
purposes described in the application, plans and documents. A further application to
allow the premises to be used as A3 use between the hours of 09.00 hours to 22.30
hours was approved under Code No P/2006/0072 on 3 April 2006. This was a
temporary permission expiring on 30 June 2007 where the hours of opening would
revert back to 09.00 to 20.30 (Condition 1). A further Condition (3) restricted the A3
use preventing it from being used as a takeaway stating that hot food or drinks sold
for consumption off the premises shall be deliveries only.
The purpose of this application therefore is to continue its use as a restaurant and
extend the permitted hours from 22.30 to 23.00. A separate application P/2007/0735
is to remove Condition 3 of permission P/2006/0072 to permit use of the premises as a
takeaway. Previous report on this agenda.
Policy: The site lies within the District Shopping Centre as defined in the adopted
Unitary Development Plan. There are no objections, in principle, subject to the
proposal satisfying Policy GDP1. Local Planning Guidance Note No 9 “Restaurant,
Public Houses, Non Food Takeaways also includes that A3 uses are appropriate in
district centres and local shopping parades provided the number and/or concentration
is not so great as to detract from the attractiveness of the area as a shopping centre.
The current premises lie to the rear of the main frontage in Gresford. Provided
matters in respect of parking, noise/disturbance and general impact upon residential
amenity are adequately addressed, there would be no objections.
Amenity: The previous conditions were imposed in the interests of the amenity of
the area as existing housing in Orchard View lies directly opposite the premises. No
complaints have been received from neighbouring occupiers with regards to the
restaurant use which is relatively small scale and would result in any significant
increase in noise and disturbance. The current proposal also aims to extend the
opening hours to 23.00 hours which is an extension of the current opening hours by
only half an hour. I do not consider that given the scale and intensity of use it would
have any additional harmful effect upon neighbouring amenity.
Highways: The premises are adjoined by a public car park immediately to the rear of
the site and given the proposed use and scale of development, I would not anticipate a
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
significant increase in traffic volumes. Sufficient capacity within the car park is
available to accommodate the traffic generated and I would not anticipate any
significant impact upon neighbouring occupiers.
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 use of the development shall be made before 09.00 hours or after 23.00
hours on any day.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the premises are not used at a time which would be likely to
cause nuisance or disturbance to nearby residents.
_____________________________________________________________________
Page No 145
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0741
LOCATION:
18 Park Road Rhosymedre Wrexham
DATE RECEIVED:
13/06/2007
COMMUNITY:
Cefn
DESCRIPTION:
Outline application for erection of local
needs convenience store.
CASE OFFICER:
CB
WARD:
Cefn
APPLICANT(S) NAME:
C G Tyrrell
AGENT NAME:
C G Tyrrell
_____________________________________________________________________
THE SITE
The site incorporates land adjacent to 18 Park Road and the former residential
property known as No.18 Park Road.
Application Site
PROPOSAL
As above.
HISTORY
No Relevant History.
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REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Within settlement limit. UDP Policies PS2, H2, S6, EC12 GDP1 apply and Local
Planning Guidance Note 16 'Parking Standards' also relevant.
CONSULTATIONS
Community Council:
Local Member:
Support the application.
Councillor Coleman supports this application.
Cllr Moysen notified
Welsh Water:
No objection subject to conditions.
Highways:
no objections subject to conditions
Environment Agency:
Site partially within a C2 zone. Development in this
location should be justified by way of a Flood
Consequences Assessment. In the absence of the
submission of such an assessment, permission should be
refused.
Public Protection:
Notified 25/06/2007
Asset Management Planning: The land is outside of the ownership of the applicant
and negotiations of purchase are still ongoing (WCBC
are owners of the land). The Council does not support
the application.
Other Representations:
The following concerns have been raised:

Impact on existing businesses in the area;

Impact on the existing car park.
Site Notice:
Expired 09/07/2007
SPECIAL CONSIDERATIONS/ISSUES
Background: It is not possible to determine this application favourably because of
the lack of information available. Although additional information such as the Flood
Consequence Assessment, proposed scale of development, access details etc, have
been requested, this information has not been forthcoming.
Policy: There would be no objections in principle to a local needs shopping proposal
provided it did not affect adversely residential amenity or traffic safety. Without the
additional details mentioned above, it is not possible for me to satisfy myself that a
development could be constructed meeting the amenity considerations. I note
Highways accept that an access could be provided, without having an overall layout, it
is impossible to judge whether that would result in an acceptable layout for the site.
Other Issues: The ongoing discussions regarding the purchase of the land to which
this application relates is not a relevant planning consideration for this application.
Conclusion: Insufficient information has been submitted to allow me to properly
assess this application, and I recommend accordingly.
P/2005 /106
Page No 147
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The application includes insufficient information in terms of the the size, scale
of the development to allow it to properly assess the impact on amenity of athe area.
As a result the Council is not satisfied that a development could comply with policies
PS2, GDP1, and S6 of the Wrexham Unitary Development Plan
2.
The application includes insufficient information in terms of the traffic
generation and adequacy of car parking and vehicle turning areas. As a result the
Councilis not satisfied that a development could comply with policies GDP1 and T8
of the Wrexham Unitary Development Plan and the Council’s Local Planning
Guidance Note 16: Parking Standards.
3..
A Flood Consequence Assessment has not been submitted as part of this
application and, therefore, there is insufficient information to demonstrate that the any
danger of flooding can be acceptably managed. The proposal is contrary to Policy
EC12 of Wrexham Unitary Development Plan and Welsh Assembly Government
Technical Advice Note 14: Flood Risk and Planning.
_____________________________________________________________________
Page No 148
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0744
LOCATION:
Unit 1 Former Petrol Station Borras Park
Road Wrexham
DATE RECEIVED:
13/06/2007
COMMUNITY:
DESCRIPTION:
Change of use from A1 to D2.
CASE OFFICER:
KH
WARD:
APPLICANT(S) NAME:
P & S Jones
AGENT NAME:
P & S Jones
_____________________________________________________________________
P/2007 /0744
THE SITE
As above: Development of the site is near to completion to provide three retail units
previously approved February 2006.
shops
site
PROPOSAL
Change of use from a retail use (A1) to a leisure use (D2), a ladies gym.
Page No 149
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY (Most recent)
P/2006/1143
P/2006/0770
P/2005/1408
Variation of Condition 02 of code no. P/2006/0770 to relax
opening hours. Appeal allowed 14.02.07.
Variation of Conditions 3 and 7 attached to planning
permission code number P/2005/1408. Grant of planning
permission 04.09.06.
Erection of 1 no. detached dwelling, 1 no. shop unit (plus
conversion) and extension to two existing shop units. Grant of
planning permission 17.02.00.
DEVELOPMENT PLAN
Within District Shopping Centre. Policies GDP1 and S5 refer.
CONSULTATIONS
Community Council:
Local Member:
Public Protection:
Highways:
Other Representations:
Site Notice:
Consulted 14.06.07
Notified 14.06.07
Consulted 14.06.07
Object as proposal has inadequate parking.
1 letter. No objections to gym but concerns that if gym
ceased to operate then vacant unit again or concerned
that another leisure use would occupy the unit which
would be inappropriate for the area. Other concerns
regarding landscaping and drainage which related to
previous permission.
Expired 14.06.07
SPECIAL CONSIDERATIONS/ISSUES
Proposal: Provision of fitness centre for women. It is described as a fitness and
weight loss facility providing one stop exercise and nutritional information for
women. It provides a complete aerobic and strength training workout in 30 minutes.
A comprehensive supporting statement accompanies the application to fully describe
the proposal and how it supports the Welsh Assembly Government strategy for Sport
and Physical Activity.
The applicant has chosen the location on the basis that the fitness facility is
convenient and easy to use with currently 75% of their membership from the Borras
and Acton areas. They consider it would complement existing retail uses and
contribute positively to the vitality. The site is accessible by foot, cycle or public
transport.
Impact on District Shopping Centre: The unit forms part of the District Shopping
Centre. Policy S5 discourages uses which would adversely affect the vitality and
viability of these centres.
Page No 150
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
I consider that the use proposed would complement the existing centre and existing
retail uses with many customers using the existing shops. I am satisfied the scheme
would be likely to have a positive impact on the District Shopping Centre.
Amenity: I consider the use would be relatively low key in terms of noise and
disturbance and given the hours of operation proposed which are less extensive than
the authorised hours of operation. I would not anticipate any significant adverse
impact on nearby amenity.
Highway/Parking: The parking provision for the three retail units previously
approved is 10 spaces. Given three members of staff (two part-time) would be
employed initially, a further two part-time members of staff may be required should
the facility prove to be successful. The estimated traffic flow is estimated at five
movements per hour by the applicant.
I am concerned that whilst some of the customers may in fact walk, cycle or use
public transport, the use is likely to generate significant levels of customers arriving
by car. Given the restricted amount of parking on site, the parking is likely to spill out
onto the adjoining highways. Although there are parking facilities at the shopping
centre across Caernarvon Road, they could be relied on to provide overspill parking
from the site and parking would be likely to be on the adjoining roads.
Conclusion: Whilst I am satisfied the use would complement the District Shopping
facilities and would not compromise nearby residential amenity (subject to
appropriate conditions) I am concerned that inadequate parking is available and this
would be likely to compromise the safe and free flow of traffic on the adjoining
highway and/or affect local residents.
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The proposed use does not have adequate provision for the parking of vehicles
clear of the public highway and as such the use would be likely to be to the detriment
of the safe and free flow of traffic on the adjoining highways and/or would adversely
affect local residents. As such, the proposal would be contrary to Policy GDP1(d) of
the Wrexham Unitary Development Plan.
_____________________________________________________________________
Page No 151
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0755
LOCATION:
King William Inn Top Road Summerhill
Wrexham
DATE RECEIVED:
15/06/2007
COMMUNITY:
Gwersyllt
DESCRIPTION:
Lean-to roof to side of public house to
provide smoking shelter
CASE OFFICER:
CB
WARD:
Gwersyllt North
APPLICANT(S) NAME:
Mr Nick Barwell
AGENT NAME:
Shades of Comfort Ltd
Mr Stephen Sparkes
_____________________________________________________________________
Public Footpath
Proposed Shelter
SITE
The proposal is sited on the rear of the building.
PROPOSAL
As above.
Page No 152
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
HISTORY
None relevant.
DEVELOPMENT PLAN
Within settlement limit therefore Policies PS2, and GDP1 UDP apply.
CONSULTATIONS
Notified 18th June 2007
Objection on the grounds that there could be
considerable disruption to lives of people in
neighbouring properties from noise due to loud
conversations particularly late evenings.
Public Protection: Notified 25th June 2007
Adjoining Occupiers:
Notified 20th June 2007
Ramblers:
Notified 11th July 2007
Rights of Way:
Notified 11th July 2007
Site Notices:
Expired 11th July 2007
Community Council:
Local Member:
SPECIAL CONSIDERATIONS
The main issue relates to the size, scale and design in terms of Policy GDP1 and the
impact on adjacent properties in terms of amenity.
Design and Scale: The lean to roof would measure 1.8 metres wide and 2.4 metres
long and at its highest point the shelter would measure 2.9metres above ground level.
The simple pitched roof design with tile roof construction would be considered small
in scale.
Siting and Amenity: The lean to roof would be appropriately sited on the southwesterly gable of the building, within the rear yard area, and the simple scale and
design would have limited visual impact.
The land to the rear is designated as Green Barrier but I do not consider this structure
will have any unacceptable impact upon it. There are residential properties located
either side and to the front but the nearest property is located on the opposite side of
the public footpath and benefits from substantial trees and boundary hedgerow. The
public house also adjoins a property on the south- easterly side and its habitable room
windows overlook the garden area.
The rear yard and garden area has bench and garden and I am not clear whether this
area is used regularly by customers. It will therefore be appropriate for a temporary
permission to allow time to assess the impact on residential amenity in terms of noise
or disturbance
RECOMMENDATION
That permission be GRANTED
Page No 153
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
CONDITION(S)
1.
The development shall only be carried out in strict conformity with the details
shown on the approved drawings and in the application documentation.
2.
The use of the building shall cease not later than 30 July 2008. The building
together with any hard standing, base or slab upon which it stands shall be completely
removed and the land restored to its previous condition not later than one month after
that date.
REASON(S)
1.
To ensure that the development fully complies with the appropriate policies
and standards.
2.
In order that the Local Planning Authority may have the opportunity reviewing
the impact of this development on the amenities of occupants of other properties in
the vicinity in the light of experience of its operation.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
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 the premises must comply with the Smoke Free Premises etc
(Wales) Regulations 2007 and are enforced by Wrexham CBC. You should contact
the Chief Housing & Public Protection Officer for further advice.
_____________________________________________________________________
Page No 154
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
PPLICATION NO:
P/2007 /0781
LOCATION:
Arqiva Transmitting Station Land off
Clayton Road Pentre Broughton Wrexham
DATE RECEIVED:
21/06/2007
COMMUNITY:
Broughton
DESCRIPTION:
Erection of 1 no. 1.8m satellite dish
CASE OFFICER:
LB1
WARD:
Bryn Cefn
APPLICANT(S) NAME:
Arqiva
AGENT NAME:
Arqiva
_____________________________________________________________________
SITE
Proposed
satellite dish
PROPOSAL
Installation of 1.8m satellite dish fixed on 3.1m pole for the provision of radio
services to the area.
HISTORY
An existing compound containing an existing mast and various satellite and antennas,
there have been several applications on the site the main ones are summarised below.
6/BRO/2826
P/2000/0419
Construction of access road, site works, 45m lattice tower, and
associated cabinets. Approved 14/03/77
Installation of 1 x 0.6m microwave dish. Approved 30/05/2000
Page No 155
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
P/2000/0880
P/2001/0241
P/2007/0462
Erection of 6 no. dual polar antenna, 4 no. 0.6m dish antenna, 1no.
equipment cabin & 1 no. meter cabinet. Approved 23/10/2000
Erection of 6 no. dual polar antenna, 4 no. 0.6m dish antennae, 1 no.
replacement equipment cabin & 1 no. meter cabinet. Approved
24/04/2001
Installation of telecommunications equipment. Approved 15/05/07
DEVELOPMENT PLAN
Outside settlement limit. Policies PS2, GDP1, CLF8 as well as Technical Advice
Note 19 (Telecommunications) are applicable.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Site Notice:
No observations/objections
Notified 22/06/07
Notified 22/06/07
Notified 22/06/07
Expired 18/07/07
SPECIAL CONSIDERATIONS
Policy: The proposal must comply with UDP Policies PS2, GDP1 and CLF8. which
allow for the development of telecommunications facilities whilst ensuring that masts
or installations are carefully sited to avoid or minimise any visual intrusion upon the
landscape/townscape. National Guidance is contained in Planning Policy Wales
Technical Guidance Advice Note (Wales) 19 – Telecommunications. The importance
of providing an efficient telecommunication infrastructure is considered crucial to the
economic viability of Wales. The advice goes on to state this provision must be made,
avoiding adverse impact upon the environment. UDP Policy CLF8 is as follows:
“The development of telecommunications facilities and related infrastructure
will be permitted, having regard to technical and operational considerations,
where an appraisal has been carried out:(a)
firstly, of the potential for sharing other masts and sites; if there is no
potential
(b)
secondly, of the potential to use existing buildings and structures; if
there is no potential
(c)
thirdly, of the potential to use other sites.
The siting of any development should minimise the impact on the local
landscape / townscape, and should comprise measures of mitigation of any
adverse impact, as appropriate.
This policy aims to facilitate the growth of new and existing systems whilst ensuring
that masts or installations are carefully sited to avoid or minimise any visual intrusion
upon the landscape/townscape.
Siting and appearance: The site is an existing compound that contains an existing 45
mast, satellite dishes, antennas and base cabinets. The proposal is for a 1.8m satellite
Page No 156
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
dish on a 3.1m high pole sited adjacent to the existing base units. The satellite dish
will lie 1.5 metres above the height of the existing base unit.
The site has an established use as a transmitter area and is appropriate for this
development. The proposed satellite will not be obtrusive in the landscape as it forms
part of an existing development, within this context I am satisfied that it will be
acceptable.
Pre-application consultation: The operator contacted the planning department in
June2007. The proposal was as per the subsequent application and is in accordance
with CLF8.
Appeals: The Council has had 6 appeals lodged against refusals and has been
unsuccessful in 5 cases. Whilst inspectors have all considered health issues and
perception of health risks they have been absolutely clear in their reasoning that
applications accompanied by ICNIRP certificates (as all applications now are) cannot
reasonably be refused on health grounds.
Conclusion: The proposal is in accordance with Wrexham UDP Policies, and that it
meets the requirements of national policy detailed in TAN 19 – Telecommunications.
Members are reminded that the local planning authority has 56 days, beginning
with the date on receipt of the application, in which to notify its determination on
whether prior approval is required to siting and appearance and to notify the
applicant of its decision to give or refuse such approval. There is no power to
extend the 56 day period. If no decision is made, or the local planning authority
fails to notify the developer of its decision within the 56 days, permission is deemed
to have been granted. The 56 day period expires on 15/08/07.
This application is being reported so as to ensure that any objections which are
received can be considered by the Committee.
RECOMMENDATION
That prior approval for the siting and design of the proposal is not required and the
proposal is approved.
P/2007 /0781
_____________________________________________________________________
Page No 157
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0793
COMMUNITY:
Willington and
Worthenbury
LOCATION:
Well House Sarn Malpas Cheshire
DATE RECEIVED:
22/06/2007
DESCRIPTION:
Erection of warehouse for storage and
recycling purposes.
CASE OFFICER:
SJG
APPLICANT(S) NAME:
Mr B Butler
AGENT NAME:
P.F.W.
WARD:
Bronington
_____________________________________________________________________
P/2007 /0793
THE SITE
As above.
M ount
Co tta g e
Po n d
Ro c k Co tta g e
2 9 .2 m
2 2 .6 m
Ro s e Ba n k
Sa rn Bri d g e
Access
LB
Cheshire
Th e M o u n t
PH
Ro c k Vi l l a
Sa rn Bri d g e
W e l l Ho u s e
2 2 .1 m
Sa rn
M ill
BM
W e ir
2 2 .8 1 m
T h e Ol d
Sl u i c e
Ba k e ry
Sm i th y
Co tta g e
Th e
M ill
Co tta g e
Ho u s e
Proposed Building
Ho l l y
Ca e r
Ba n k
L a b u rn u m
H
Co tta g e
il l
To
p
Ca s a Na b u n
28
.2
m
La
d
ng
D
a le
nt
is ta ls
il
H
Ri v e rs d a l e
Sm i th y Ba n k
PO
Si l v e rd a l e
LUC area
Ha wth o rn
Oa k l e a
Ca rtre f
Co tta g e
Ch e rry
Sa rn
Gro v e
Vi l l a
Da l e Vi e w
3 0 .9 m
Ro s e T re e
OS Crown Copyright. WCBC Licence No. LA09021L
M
y
o tt r t le
ag
e
Co tta g e
C
PROPOSAL
approval of reserved matters for the erection of a storage building, to be used in
association with the waste transfer business. It is to be sited on the southern part of
the yard adjoining a former meander of the Wych Brook to the east (forming the
County Boundary) and a hedge to the west. The building has a floor area of 293m2
and is 6 metres to the eaves and 7 metres to the ridge. It is to be clad in dark green
cladding.
RELEVANT HISTORY
6/14908
Tipping of waste to create access
Granted 9/5/1988
Page No 158
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
WOR 21166
CB0316
Lawful use for waste processing business
Granted 18/4/1996
Storage building for waste transfer business (outline)
Granted July 1996
CB0528
Storage building for recycling waste
Granted Oct. 1996
P2001/0146
Renewal of CB0316
Granted 9/4/2001
P/2004/0156
Renewal of outline permission P/2001/0146 Granted 2/4/2004
P/2007/0080
Outline for erection of a storage building for recycling waste
Granted 13/4/2007 after committee site inspection
DEVELOPMENT PLAN
Outside settlement limits. Policies PS2 EC12 MW12 and GDP1 are relevant.
CONSULTATIONS
C Council:
Local Member:
Highways:
Public Protection:
Env Agency:
Chester CC:
Site Notice:
Other representations:
Express concern over the activities to be carried out and
traffic generation, and the impact on a quiet rural area
Consulted 2/7/2007
Consulted 2/7/2007
Recommend noise condition (awaited)
Consulted 2/7/2007
No comments
Expired 24/7/2007
Adjoining occupiers notified 3/7/2007
SPECIAL CONSIDERATIONS/ ISSUES
Principle of development: The outline permission was granted under the terms of
the Lawful Use of the site, and this application is for approval of details.
The site is not being used intensively at present but the licence and lawful use
certificates remain in force. As the LUC also permits the operation of a skip hire
business and an HGV depot, the fact that the waste transfer station may not be
operating would not prevent another use within the list set out by the Welsh Office.
The site is well screened from the village to the west and south by hedges. The land is
already hard surfaced.
Landscape: No special issues arise as the land is already in use for the business
purposes.
Flood Risk: The Environment Agency does not object on grounds of flood risk.
Impact on residential amenity: The proposed building will enable operations to be
carried out under cover rather than in the open. The new building will not be
particularly prominent and is below the height limit imposed by the outline
permission.
RECOMMENDATION
That reserved matters are approved subject to the following conditions:
Page No 159
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
CONDITION(S)
1.
The development hereby approved shall be commenced before 13/4/2010.
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.
3.
Prior to their use on the development, samples of all external facing materials
shall be submitted to and approved in writing by the Local Planning Authority. The
development shall only be carried out in strict accordance with such details as are
approved.
4.
Details of the following shall be submitted to the Local Planning Authority
before any part of the development is commenced and the development shall only be
carried out in strict conformity with such details as are thereby approved;
a. the foul and surface water drainage of the building, including provision of an oil
interceptor.
b. the floor levels of the building and ground levels of the site and adjoining fields.
c. measures for the protection of existing hedges.
5.
The building shall be used for storage purposes only as defined in Class B8 of
the Town & Country Planning Use Classes Order 1987 as amended.
6.
Noise condition awaited.
REASON(S)
1.
To comply with Section 92 of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
6.
This is a non-standard reason
_____________________________________________________________________
Page No 160
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0815
LOCATION:
Talponciau Farm Plas Issa Penycae
Wrexham
DATE RECEIVED:
28/06/2007
COMMUNITY:
Cefn
DESCRIPTION:
Erection of agricultural workers dwelling
and retention of temporary mobile home
CASE OFFICER:
SJG
WARD:
Cefn
APPLICANT(S) NAME:
Mr & Mrs J Parry
AGENT NAME:
Anthony Wood
_____________________________________________________________________
THE SITE
The site is on the west side of Delph Road, 500 metres north of Acrefair.
PROPOSAL
Is for the erection of a three bedroom detached house on land adjoining existing
buildings, and the continued siting of a residential mobile home on the site.
Page No 161
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
RELEVANT HISTORY
The site is part of the former Delph open-cast mining site
6/23259
Agricultural buildings.
Approved 04/05/1995
CB02921
Siting of mobile home (in retrospect)
Refused 16/03/1999
P/1999/0091
Occupation of mobile home for residential purposes (in retrospect).
Approved 07/02/2000. Temp until 7th Feb 2002.
P/2002/0125
Continued use of mobile home for residential purposes in
connection with use of land for agricultural/equine purposes
(Renewal of application previously granted under Code No.
P/1999/0091.) Granted 27/03/2002 – Temp until 30th June 2005.
P/2005/0712
Continued use of mobile home for residential purposes in connection
with use of land for agricultural/equine purposes (Renewal of
application previously granted under Code No. P/2002/0125.)
Withdrawn
P/2006/0726
Erection of farmhouse and continued occupation of mobile home
Refused 2/10/2006
DEVELOPMENT PLAN
Outside the settlement limits and within a Green Barrier. Policies PS1 PS2 EC1 H5
and GDP1 of UDP are relevant, together TAN6 and LPGN 2 and 13.
CONSULTATIONS
Cefn C Council:
Local Members:
Highways:
Public Protection:
Env. Agency:
Rights of Way:
Ramblers:
Site Notice:
Other representations:
Support
Cllr Coleman supports
Cllr Moysen notified
Consulted 29/6/2007 (recommended conditions previously)
Consulted 29/6/2007 (recommended contamination
condition previously)
Comments regarding contamination and drainage
Consulted 3/7/2007
No comments
Expired 24/7/2007
Adjoining occupiers notified 3/7/2007
APPLICANT’S/ AGENT’S STATEMENTS
The previous application was refused following a slim majority vote. The sole reason
for refusal related to the lack of adequate demonstration of long-term viability. It is
assumed that there was no objection to the design or siting. Expansion of the business
cannot proceed without a proper base for operations to work from, and a new dwelling
is absolutely essential to the long-term viability of the equine business. The
application includes the following documents:
1. Equine appraisal report from ADAS UK dated 21/6/2005 *
2. Accounts for three years ended 31/12/2005 *
3. Business Plan dated 21/10/2006
4. CV of applicant
Page No 162
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
5. Letter of support from Karen Sinclair AM dated 4/4/2007. Supports the proposal
for a dwelling for an established equine training and breeding business, which is
also acceptable on design and landscape grounds.
6. Letter of support from Brightwells auctioneers dated 30/3/2007, confirming the
applicants have used their auctions for 17 years..
7. 16 letters of testimonial/support
8. Petition of support signed by 28 local residents
*= submitted with previous application
SPECIAL CONSIDERATIONS/ ISSUES
Background: Permission was granted in 2000 for the siting of the mobile unit in
retrospect and temporary permission for a period of two years was given in order to
allow the applicant to establish the long term viability of the newly established
agricultural business. A further application was granted permission in 2002 for a
temporary period of three years to allow the applicant time to seek alternative
accommodation. An agricultural appraisal was not submitted and an advisory note
was attached indicating that continued renewal of planning permission should not be
assumed and any further applications would require the necessary appraisals and
agricultural evidence.
The application was submitted in 2005 for the renewal of the temporary mobile home,
but was withdrawn after it was made clear that insufficient evidence had been
submitted demonstrating the financial viability of the farming business.
The 2006 application again sought to erect a permanent agricultural workers dwelling
and retain the existing residential caravan for a period of twelve months to allow the
applicants to live on the land whilst the dwelling is constructed. This was refused an
enforcement action authorised.
The main issues remain as they did last year .To consider relate to the functional and
financial need of the applicants to live on the site in connection with the agricultural
business and the acceptability of the design, scale and siting of the proposed dwelling.
Business Operations: As detailed in the ADAS report, the farm operates as a stud
enterprise and covers an area of 49 hectares, of which 35 hectares is pasture and 14
hectares contain woodland and ponds. Along with the mobile unit, there are two steel
portal frame farm buildings. One measures approximately 18m by 7m and contains 8
loose boxes and a tack/feed area and the other measures approximately 26m by 7m
and houses 7 loose boxes and loose housing.
At the time of the report, there were 5 stud stallions in total (1 on loan) which are used
to cover the studs own mares of which there were 23 and also visiting mares, which
amount to around 10. Around 15 youngstock are produced each year and are either
sold as weaned foals at 6 months or as two or three year olds. There were 23
youngstock on the farm ranging from yearlings to four-year olds. The stud also
provides for summer keep of cattle and winter keep of sheep, when stock is available,
which provides a useful additional source of income.
Page No 163
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
The Business Plan refers to the breeding of Welsh ponies for events and recreational
use. The intentions are to take small groups of students on short-term programmes, to
have further stud visits and training days. A “skid pan” is planned for use in driving
training. Two ponds will be deepened, landscaped and stocked for fishing. Pig
breeding will be carried out. Further buildings will be required. In the financial year
for 2007 they will have 20 ponies reaching maturity to sell. Profits have increased
over recent years.
Policy: The site is outside defined settlement limits and within a green barrier.
The keeping of horses for stud is not an ‘agricultural’ use as defined in planning law.
The previous applications for temporary dwellings were granted under the provisions
of policy H5 on a temporary basis to allow time to establish a viable agricultural
business, and agricultural occupancy conditions were imposed.
In accordance with paragraph 6.14 in the UDP (which provides a reasoned
justification to policy H5) and the advice set out in LPG2, the applicants must submit
a supporting statement to justify:
a) that the enterprise is viable in the long term;
b) why the dwelling is needed, who will live in it and why the future occupier will
need to be available on site at all hours of the day; and
c) that there is no suitable alternative accommodation in the vicinity, (or existing nonresidential buildings that are capable of conversion)
a. Financial Test: The equine appraisal prepared by ADAS includes a budget
summary demonstrating that the business is generating an annual profit of £10,980
before tax. As two full time employees are required to run the business this gives an
annual income each of £5490. However, the income is likely to be less if reinvestment in the business, taxation and NI contributions are accounted for. Mr Parry
is prepared to work for free as a lifestyle choice as he is financially independent.
However, if for any reason he is unable to work, it would not be feasible to employ a
full-time agricultural worker on this level of income and two full time employees
could not be sustained.
The profit and loss account summaries carried out by Accounting Solutions highlight
the following profits before taxation for the last three years:
31 December 2002 to 31 December 2003
£9590
31 December 2003 to 31 December 2004
£8570
31 December 2004 to 31 December 2005
£11390
The business plan updates this figure to £13,286 for 2006
Paragraphs 6.1.9 to 6.1.16 of the ADAS report refer to paragraph 41 of TAN6, which
requires the agricultural business to have been established for at least three years, be
profitable for at least one, is currently financially sound and was a clear prospect of
remaining so. It has been demonstrated that the business has operated for the required
number of years, with two of these profitable. There is no clear evidence that there
are clear prospects of the enterprise remaining so. The construction of the dwelling
appears to be dependent upon existing assets not related to the farm and the fact that
Mr Parry is financially independent. Indeed paragraph 6.1.16 states that the business
Page No 164
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
is considered profitable and able to provide a minimum agricultural workers income
on the basis this it is not required to fund the dwelling. Had this not been the case,
and the income generated from the farm were required to build and maintain the
dwelling, the business would not be regarded as profitable. Therefore it has not been
demonstrated that the unit can sustain the size of dwelling, or in fact any dwelling,
applied for, under paragraph 46 of TAN 6.
Although Mr Parry is financially independent, the income of the agricultural holding
is not considered to be sufficient enough to secure the long-term viability of the
business and hence soundly demonstrate the need for an essential agricultural worker
to reside at the site. It is considered that since permission was first applied for in
1999, sufficient time has elapsed for the applicant to establish the business. Without
sufficient evidence, which clearly satisfies the financial test required by Planning
Policy Wales, I am unable to support any further temporary or permanent permissions
for an agricultural workers dwelling at this site.
It is still considered that the business presented is not viable, and is dependent on
alternative sources of income not related to the enterprise. Therefore the application
fails to address policy H5 criterion c) i)
b. Functional Test:
This relates to whether there is a need for one or more agricultural workers to be
readily available at most times for the proper functioning of the enterprise and that
any other existing accommodation within the area could not fulfil this need. The
ADAS report confirms that it is essential for a worker to be present on site at all times
to ensure that swift action can be taken if the horses become sick or during foaling. It
is also stated that the loss of stock in such an enterprise is not acceptable and that
close supervision is essential for visiting mares in order to attract and retain clients.
Two full-time labour units are required to operate the business and its activities,
where one of these units must be suitably skilled in the care and management of
horses. On this basis, given that close supervision is necessary to the well-being of
the stock and hence the operations of the business, there is a need for on-site
supervision of the livestock.
The applicant has offered no evidence that there is a functional need for a dwelling on
site - is it necessary for a full time worker to be present on site 24/7 12 months of the
year? The applicant has offered no reasoned justification to address this requirement
and the application is contrary to policy H5 criterion c) ii)
c) No reasonable accommodation near by:
The applicant has not demonstrated that there are no suitable dwellings near by. Given
that the land is within close proximity to both Penycae and Acrefair, it is doubted
whether policy H5 c) iii) could be satisfied.
Finally, even if the business case and functional need can be proven, the proposed
dwelling is excessive in scale compared to the needs of the unit, and given the
openness of the site, the current design would be contrary to GDP1 a)
Impact of dwelling: The proposed dwelling is situated near to the existing buildings
and in terms of its impact upon the openness of the surrounding area will not have a
Page No 165
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
significant additional impact. However, the size of the dwelling is fairly excessive in
relation to the immediate needs of the farm unit. At first floor level it has three large
double bedrooms. The largest bedroom has an ensuite bathroom measuring and a
closet.
The ground floor has several additional structures including lobby, lounge, wet-room,
and large porch. A brick wall with railings above is proposed for the boundary of the
dwelling with the access track. This is an urban feature, which is not considered
appropriate within a rural setting. Apart from the scale and size of the dwelling, the
general appearance of the building is acceptable.
Human Rights: Clearly this decision impacts upon the applicant’s human rights. I
have given careful consideration to his rights and have concluded that they do not
outweigh the strong planing policy objections to a dwelling in the open countryside.
Accordingly the decision to refuse would be proportionate.
Conclusion: The applicants have had over 7 years to establish the long term viability
of the business and have failed to do so.
The proposal does not fall within the terms of policy H5 of the adopted UDP, and the
information supplied does not change the policy viewpoint. The applicants would not
comply with an agricultural occupancy condition as their sole or main employment
falls outside agriculture.
Accordingly I have no alternative but to recommend refusal and to continue with
enforcement action as authorised previously..
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The evidence submitted with the application does not adequately demonstrate
the long-term viability of an agricultural business on the site and the Council is not
satisfied that the current operations are financially sound or likely to continue to
operate in the longer term, and therefore satisfy the financial test to allow the erection
of an agricultural worker's dwelling. The proposal would represent residential
development of an inappropriate scale for non-agricultural purposes outside
settlement limits and within a designated Green Barrier, and is therefore contrary to
policies PS1, PS2, EC1 and H5 of the Wrexham Unitary Development Plan and also
to Local Planning Guidance Notes Nos 2 - Agricultural Appraisals and 13 - Housing
in the Countryside.
_____________________________________________________________________
Page No 166
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
APPLICATION NO:
P/2007 /0830
COMMUNITY:
Rossett
LOCATION:
99 Harwoods Lane Rossett Wrexham
DESCRIPTION:
Extension to dwelling.
DATE RECEIVED:
03/07/2007
CASE OFFICER:
LB1
APPLICANT(S) NAME:
Mr & Mrs Whittaker
WARD:
Rossett
AGENT NAME:
Richard Vickers
_____________________________________________________________________
SITE
Two storey
side and rear
extension
PROPOSAL
Two storey side and rear extension.
HISTORY
None relevant.
Page No 167
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
DEVELOPMENT PLAN
Outside of settlement limit, GDP1, PS2 and LPGN 13 apply.
CONSULTATIONS
Community Council:
Local Member:
Site Notice:
Consulted 03/07/07
Consulted 03/07/07
Other representations:
Verbal indication
that objection from neighbour will be
forthcoming relating to the addition of a bedroom
window in the rear elevation. Details to be
reported on addendum
One letter received: The site has a history of
drainage problems with drains being blocked up
regularly.
Expired 25/07/07
SPECIAL CONSIDERATIONS
Site: The property lies outside the settlement limit but it lies within the area that is
predominantly built up and there are houses to all sides of the property. The proposed
increase in floor area of the property amounts to an increase of approximately 35%,
whilst this is above the limit imposed by Guidance Note 13 given the location within a
small hamlet I do not consider this increase to be excessive.
Design and Amenity: The design of the extension is in keeping with the existing
house. The proposed extension passes the BRE tests in relation to the neighbouring
development. To the rear elevation there will be an addition of three windows at first
floor level. Two of these; in the proposed extension will be for a bathroom and an ensuite and will therefore be obscurely glazed. The third additional window will lie in
the existing property and will be for an existing bedroom.
This window will face the side elevation of ‘Craiglands’ which has a bedroom
window in this elevation. The distance between these two properties is 21 metres.
This falls short of the recommended separation standard of 22 metres however I do
not consider the drop in standard sufficient enough to have a detrimental impact on
amenity and loss of privacy. Additionally the bedroom window is within the existing
property and a window can be added in this location without the need for planning
permission.
Other considerations: There is one additional bedroom proposed for the property
and no requirement for additional parking spaces. With the driveway and garage
there is currently space for 3 cars.
The problems with the drainage on the site with drains being blocked up is a matter
for the owners of the property and/or the Drainage Company.
Page No 168
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
Conclusion: The proposed extension is an acceptable addition to the property and
will not have a significant impact on loss of amenity for neighbouring properties and I
therefore recommend that permission is granted.
P/2007 /0830
P/2007 /0830
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.
3.
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.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
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 a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 169
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
LIST OF DELEGATED DECISIONS ISSUED
GWE P/2005/0947
WITHDRAWN
on 06/07/2007
GWE P/2006/0091
GRANTED
on 05/07/2007
Land Off Hope Street Gwersyllt
Wrexham LL11 4AF
Erection of 46 dwellings (24 apartments and 22
houses)
Land at Jutland Avenue Gwersyllt
Wrexham LL114SB
BRY P/2006/1065
GRANTED
on 27/06/2007
WRO P/2006/1072
GRANTED
on 04/01/2007
WRO P/2006/1324
GRANTED
on 04/01/2007
GRE P/2007/0186
GRANTED
on 21/06/2007
BRO P/2007/0334
REFUSED
on 25/06/2007
ABE P/2007/0429
GRANTED
on 22/06/2007
CHI P/2007/0444
GRANTED
on 09/07/2007
Plas Brymbo Brymbo Old Road
Brymbo Wrexham
Residential development comprising of 9 no.
detached dwellings, 2 no. semi-detached dwellings
and 2 no. split-level detached bungalows, new
vehicular/pedestrian access and all associated
external works
Residential development (197 dwellings) and
associated works.
NEWI 49 Regent Street Wrexham
LL11 2AW
Listed building consent to display signage to
identify building.
Wrexham Methodist Church Regent
Street Wrexham LL11 1RY
Overcladding of section of existing
staircase/entrance tower including enclosing
cantilevered section under half landing.
Conversion of storage space above garage to guest
suite.
WRA P/2007/0448
GRANTED
on 25/06/2007
GWE P/2007/0464
GRANTED
on 02/07/2007
ABE P/2007/0477
GRANTED
on 21/06/2007
2 Yale Grove Acton Wrexham LL12
7HP
BRO P/2007/0491
GRANTED
on 06/07/2007
BRY P/2007/0523
GRANTED
on 20/06/2007
GWE P/2007/0528
GRANTED
on 25/06/2007
ROS P/2007/0529
WITHDRAWN
on 26/06/2007
WRR P/2007/0536
GRANTED
on 25/06/2007
Castle Inn Wrexham Road Brynteg
Wrexham LL11 6HP
Pistyll House Farm Marford
Wrexham LL12 8YF
Vacant Land 14 Kent Road Lodge
Wrexham LL11 5NW
Erection of detached dwelling.
Llwyn Onn Hall Cefn Road Wrexham
LL13 9TT
Change of use from restaurant and hotel to house in
multiple occupation with 2 no. flats on top floor.
Estate Yard Brynkinallt Estate Chirk
Wrexham LL145NS
Development of an office and multi-space Building
B alongside approved scheme (CHI P/2005/0877)
and introduction of a bio-mass building to house the
plant for the schemes renewable energy system
Two storey extension to create additional living
space and en-suite master bedroom and new garage
Stansty Park Summerhill Road
Wrexham LL11 4YW
Two post-mounted free standing signs.
Llwyn Onn Hall Cefn Road Wrexham
LL13 9TT
Listed Building Consent for change of use from
restaurant and hotel to dwelling in multiple
occupancy with 2 no. flats on top floor (internal
works only).
Erection of smoking shelter.
18 Caer Efail Bwlchgwyn Wrexham
LL11 5YT
Two storey extension to form garage, utility room,
porch, bedroom and en-suite above.
52 Heol Y Wal Bradley Wrexham
LL11 4BY
Erection of garage.
Pentlands The Green Rossett
Wrexham LL12 0DS
Outline application for demolition of existing
dwelling and erection of 2 no. detached dwellings.
Yale College Grove Park Road
Wrexham LL12 7AB
Extension to existing restaurant and creation of
entrance lobby with wc facilities
Page No 170
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
BRY P/2007/0542
GRANTED
on 02/07/2007
GRE P/2007/0551
GRANTED
on 21/06/2007
WOR P/2007/0558
GRANTED
on 25/06/2007
GRE P/2007/0560
GRANTED
on 20/06/2007
Plot 4 Land at Mount Onnen off
Railway Road Brymbo Wrexham
LL11 5EZ
Coed Bedw Hoseley Lane Marford
Wrexham LL12 8YE
Construction of patio decking (In Retrospect)
Land adjoining Tawelfa Tallarn Green
Malpas SY14 7LL
Construction of new vehicular access (In
Retrospect)
Cedar Hall The Green Gresford
Wrexham LL128RG
GRE P/2007/0564
GRANTED
on 26/06/2007
COE P/2007/0565
GRANTED
on 25/06/2007
1 Pikey Cottage Old Wrexham Road
Gresford Wrexham LL12 8TT
Removal of re-growth on main stems of 2 No
Sycamores and reduce height by 1 - 2m and crown
reduce 2 No. Horse Chestnuts by 1 - 2m (T P O No.
DT5)
Single storey rear extension.
COE P/2007/0572
GRANTED
on 20/06/2007
CEF P/2007/0582
GRANTED
on 25/06/2007
BRY P/2007/0587
GRANTED
on 25/06/2007
BAN P/2007/0589
GRANTED
on 25/06/2007
COE P/2007/0590
GRANTED
on 03/07/2007
11 Griffiths Road Coedpoeth
Wrexham LL11 3PF
LLR P/2007/0594
GRANTED
on 25/06/2007
COE P/2007/0596
GRANTED
on 25/06/2007
GRE P/2007/0597
REFUSED
on 25/06/2007
GWE P/2007/0598
REFUSED
on 25/06/2007
WRA P/2007/0602
REFUSED
on 05/07/2007
RHO P/2007/0605
GRANTED
on 06/07/2007
174 Chester Road Wrexham LL12
8DS
The Barn Higher Berse Farm Higher
Berse Road New Broughton Wrexham
LL11 6PL
Erection of replacement dwelling
Conversion of existing disused milking parlour/barn
to residence, associated external works including
provision of garaging within part of existing coach
house.
Two storey outrigger extension and single storey
extension to rear.
19 Maes Madoc Acrefair Wrexham
LL14 3HT
New access and car parking space.
Llwyn Ifor Stores St Albans Road
Tanyfron Wrexham LL11 5SY
New front entrance to manager's flat over existing
shop.
Rochdee Abbeygate Walk Bangor on
Dee Wrexham LL13 0BA
New vehicular access and boundary wall
Plots 11 and 12 Heritage Heights
Coedpoeth Wrexham LL11 3RJ
Australia Arms Llangollen Road
Trevor Llangollen LL20 7TG
Variation of condition no. 12 of Planning
permission code no. P/2005/0036 to remove
existing laylandi hedge and replace with hornbeam
hedging.
External covered drinking area and new flat roof to
entrance
1 Adwy Lane Coedpoeth Wrexham
LL11 3LB
Single storey PVC'u conservatory to rear and two
storey extension to east
Parkleigh Farm Park Lane Rossett
Wrexham LL12 0BL
Conversion of former agricultural buildings to form
4 no. dwellings and erection of domestic garages.
Land at Westminster Rise Summerhill
Wrexham LL11 4SR
Residential development comprising 23 no.
dwellings in 5 house types with associated roads,
drainage and landscaping works, together with
demolition of existing industrial and residential
buildings.
Erection of replacement garage to include en-suite
bedroom and kitchen with living area above (for use
as guest suite)
Construction of stable and menage.
Land at Upper Llwyneinion Farm
Rhosllanerchrugog Wrexham LL14
1TH
Page No 171
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
LGC P/2007/0608
GRANTED
on 06/07/2007
CEF P/2007/0610
GRANTED
on 06/07/2007
CEI P/2007/0611
WITHDRAWN
on 18/07/2007
WRO P/2007/0612
GRANTED
on 25/06/2007
BAN P/2007/0613
GRANTED
on 28/06/2007
CHI P/2007/0616
GRANTED
on 25/06/2007
WRO P/2007/0617
REFUSED
on 25/06/2007
SES P/2007/0620
GRANTED
on 25/06/2007
CHI P/2007/0625
GRANTED
on 25/06/2007
WRO P/2007/0627
GRANTED
on 26/06/2007
BRN P/2007/0628
GRANTED
on 25/06/2007
GRE P/2007/0632
GRANTED
on 10/07/2007
The Royal Oak High Street Glyn
Ceiriog Llangollen LL20 7EH
Formation of raised decking area to rear of
premises.
Former site of Ashton House Off Crane
Street Cefn Mawr Wrexham LL14
3AB
Drws Y Nant Llanrhaeder Road
Llanarmon D C Wrexham LL20 7LF
Outline application for erection of 1 no. dwelling
17 Howards Field Sontley Road
Wrexham LL13 7ER
Erection of conservatory to rear of dwelling
Holly Bush Farm Holly Bush Lane
Bangor Isycoed Wrexham LL13 0BH
Conversion of barn 3 to ancillary accommodation
43 Maesywaun Chirk Wrexham LL14
5NE
Single storey extension to front.
Speedy Hire Park View Garage Ruthin
Road Wrexham LL13 7TT
Retention of existing external compound to front,
extension of compound to form enlarged external
storage area (in retrospect)
Conversion of outbuilding to self contained annexe
HOL P/2007/0633
GRANTED
on 20/06/2007
BRO P/2007/0636
REFUSED
on 09/07/2007
GRE P/2007/0638
GRANTED
on 11/07/2007
OVE P/2007/0639
GRANTED
on 05/07/2007
GWE P/2007/0640
GRANTED
on 04/07/2007
WRR P/2007/0641
GRANTED
on 25/06/2007
GRE P/2007/0643
WITHDRAWN
on 10/07/2007
Home Farm House Wrexham Road
Holt Wrexham LL13 9YU
Fell 3 no. Sycamore, 1 no. Elm, 1 no. Ash and 1 no.
Beech
Crown lift 2 no. Beech by approx 2m from tip (DT
5)
Remove 5 no. Leylandii (within a Conservation
Area)
15 Gatewen Road New Broughton
Wrexham LL11 6UY
Demolition of single storey extension and erection
of two storey extension to rear.
1 Parsonage Close Gresford Wrexham
LL12 8PF
Single storey extension to rear of existing single
storey dwelling.
Jonell Queensbridge Overton on Dee
Wrexham LL13 0LE
Change of use of agricultural land for provision of
hard standing vehicular access to farm buildings
Bluebell Cottage Blue Bell Lane
Pandy Wrexham LL12 8PE
First floor extension to form bedroom, en-suites and
study.
24 Haytor Road Wrexham LL11 2PT
Extension and conservatory to rear.
Unit 1 Hoseley Bank Farm Hoseley
Lane Marford Wrexham LL12 8YD
Extension to existing poultry unit.
Mayfield House Holt Road Cross
Lanes Wrexham LL13 0TY
Re-contour of land (in retrospect)
61 Maes y Waun Chirk Wrexham
LL14 5NE
Single storey side extension to dwelling
The Mitre Vaults Pentrefelin
Wrexham LL13 7NB
Erection of timber pergola to the rear yard to create
covered area outside for drinking and dining in
retrospect.
Extension to dwelling
1 Hully Cottages Tybroughton
Whitchurch Shropshire SY13 3BG
The Beeches Chester Road Gresford
Wrexham LL12 8PW
Page No 172
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
GRE P/2007/0644
WITHDRAWN
on 10/07/2007
WRC P/2007/0645
GRANTED
on 11/07/2007
WRA P/2007/0646
GRANTED
on 22/06/2007
HAN P/2007/0647
REFUSED
on 22/06/2007
WRO P/2007/0648
GRANTED
on 25/06/2007
RHO P/2007/0650
REFUSED
on 09/07/2007
ISY P/2007/0652
GRANTED
on 16/07/2007
ISY P/2007/0653
GRANTED
on 21/06/2007
GWE P/2007/0655
GRANTED
on 02/07/2007
BRO P/2007/0658
GRANTED
on 02/07/2007
ROS P/2007/0659
GRANTED
on 11/07/2007
WRR P/2007/0661
GRANTED
on 11/07/2007
HOL P/2007/0663
GRANTED
on 04/07/2007
LLA P/2007/0666
GRANTED
on 06/07/2007
BRO P/2007/0671
GRANTED
on 17/07/2007
WRO P/2007/0674
GRANTED
on 04/07/2007
BRY P/2007/0675
GRANTED
on 10/07/2007
CEF P/2007/0680
GRANTED
on 26/06/2007
BRY P/2007/0681
GRANTED
on 09/07/2007
Unit 2 Hoseley Bank Farm Hoseley
Lane Marford Wrexham LL12 8YD
Extension to existing poultry unit.
Fletchers Bookmakers Holt Road
Wrexham LL13 9EB
Single storey extension to side of building to form
staff recreational area.
3 Richmond Road Wrexham LL12
8AA
Erection of single garage.
Bryn Newydd Cottage Rock Lane
Halghton Hanmer Whitchurch LL13
0BP
Trust Headquarters Wrexham Maelor
Hospital Croesnewydd Road Wrexham
LL13 7TD
14 Offa Street Johnstown Wrexham
LL14 1ND
Extensions to cottage and erection of double garage
Limpet Labels Unit 21 Abbey Road
North Wrexham Industrial Estate
Wrexham LL13 9RX
3 The Stables Bowling Bank Wrexham
LL13 9RS
Erection of draught lobby and canopy to main
entrance, new level platform and access ramps and
internal alterations to reception area.
Replacement two storey extension in lieu of existing
single storey extension to form 1 no. bedroom to 2
flats.
Erection of new starter units
Erection of lean-to store
110 First Avenue Gwersyllt Wrexham
LL11 4ER
Two-storey extension to side of dwelling
Brynteg CP School Maesteg Brynteg
Wrexham LL11 6NB
Installation of wind turbine
14 Trevalyn Way Rossett Wrexham
LL12 0EJ
Two-storey extension to dwelling
13 Stirling Avenue Wrexham LL11
2RA
Extension and loft conversion.
7 Smithfield Drive Holt Wrexham
LL13 9AQ
Unit Alts Alyn Industrial Estate Cefn
Y Bedd Wrexham LL12 9YG
Removal of conservatory to rear of property and
erection of single storey extension. New pitched
roof to front elevation.
Demolition of existing extension and replacement
with larger extension.
Delfryn High Street Pentre Broughton
Wrexham LL11 6AW
Demolition of existing building and erection of 4
bedroom dwelling.
12 Coed Y Nant Coed Y Glyn
Wrexham LL13 7QH
Bedroom extension over existing garage
Land North Of Waen Farm Glascoed
Road Bwlchgwyn Wrexham LL11
5YG
Tanglewood Park Road Newbridge
Wrexham LL14 3YS
Erection of stables.
8 Mount Zion Brymbo Wrexham
LL11 5NB
Bedroom and en-suite extension and conservatory
Replacement of existing flat roof with hipped roof
Page No 173
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
ESC P/2007/0684
REFUSED
on 10/07/2007
COE P/2007/0687
REFUSED
on 17/07/2007
CEF P/2007/0688
GRANTED
on 12/07/2007
RHO P/2007/0690
GRANTED
on 10/07/2007
CHI P/2007/0691
GRANTED
on 16/07/2007
Land At Wrexham Road Rhostyllen
Wrexham
Fell 1 no. Ash tree (TPO WCBC No. 23)
Land Adjacent to 76 High Street
Coedpoeth Wrexham LL11 3UH
Outline application for erection of 4 bedroom
detached dwelling
35 Ffordd Offa Cefn Mawr Wrexham
LL14 3RD
Two storey extension to side of dwelling
Maes Y Haf Fennant Road Ponciau
Wrexham LL14 1HL
Replacement garage and conservatory including
new slate roof to existing kitchen.
Site of Plas Y Waun Inn Chapel Lane
Chirk Wrexham LL14 5NF
WRR P/2007/0696
GRANTED
on 05/07/2007
GRE P/2007/0698
GRANTED
on 03/07/2007
WRR P/2007/0699
GRANTED
on 09/07/2007
WRA P/2007/0702
GRANTED
on 17/07/2007
ROS P/2007/0704
GRANTED
on 03/07/2007
WRA P/2007/0706
GRANTED
on 12/07/2007
WRC P/2007/0710
GRANTED
on 09/07/2007
WRC P/2007/0711
GRANTED
on 09/07/2007
LGC P/2007/0712
REFUSED
on 18/07/2007
58 Hope Street Wrexham LL11 1BE
Variation of condition no. 2 of planning permission
code no. CHI P/2004/0085 to extend the period for
submission of reserved matters for 12 months to 30
June 2008.
New shop signage
HOL P/2007/0713
GRANTED
on 05/07/2007
WRC P/2007/0720
GRANTED
on 17/07/2007
WRA P/2007/0721
GRANTED
on 17/07/2007
HOL P/2007/0723
GRANTED
on 13/07/2007
Narrow Cottage Narrow Lane
Gresford Wrexham LL128EN
Single storey extension to dwelling.
41 Haytor Road Wrexham LL11 2PU
Conservatory extension
9 Mile Barn Road Plas Goulbourne
Wrexham LL13 9LX
Alterations and kitchen extension
The Cottage Chapel Lane Rossett
Wrexham LL12 0EE
Erection of conservatory
48 Ffordd Llywelyn Wrexham LL12
8JP
Extension over existing garage and kitchen
Tesco Stores Limited Holt Road
Wrexham LL13 8HF
Alterations to existing store
Tesco Stores Limited Holt Road
Wrexham LL13 8HF
Extension to service area to accommodate enlarged
dot com home delivery facility and sprinkler tank.
The Cross Stores The Cross Stores
Glyn Ceiriog Llangollen LL20 7EH
Extension to existing shop to provide additional
retail and storage areas on ground floor with single
1 bed flat over and re-arrangement of existing single
flat on first floor into two 1 bed flats.
Single storey extension to rear of property
14 Augusta Drive Wrexham LL13
9GL
Former Methodist Church Prince
Charles Road Wrexham LL13 8TH
Retention of 2 no. mobile classrooms (previously
granted under code no. P/2005/0907)
30 Huntsmans Corner Wrexham
LL12 7UH
Dining room extension and study.
The Willows Rossett Road Holt
Wrexham LL13 9SY
Conversion of existing garage into 2 bedroom annex
and erection of car port
Page No 174
REPORT OF THE CHIEF PLANNING OFFICER – 30 July 2007
WRR P/2007/0726
GRANTED
on 17/07/2007
GRE P/2007/0727
GRANTED
on 12/07/2007
WRO P/2007/0738
GRANTED
on 11/07/2007
WRA P/2007/0740
GRANTED
on 17/07/2007
WRA P/2007/0746
GRANTED
on 17/07/2007
CEF P/2007/0763
GRANTED
on 20/07/2007
GWE P/2007/0766
WITHDRAWN
on 19/07/2007
SES P/2007/0772
WITHDRAWN
on 17/07/2007
HOL P/2007/0787
WITHDRAWN
on 19/07/2007
6 Ffordd Mon Rhosddu Wrexham
LL11 2LH
Conservatory to side of dwelling
Borras Lodge Borras Road Borras
Wrexham LL13 9TL
Two storey extension to side of existing dwelling
Rear of 7/9 Salisbury Road Wrexham
LL13 7AS
Fell 2 no. Pear Trees (within a conservation area)
49 Smithy Lane Wrexham LL12 8JN
39 Ffordd Cynan Wrexham LL12
7ST
Rear extension and porch. Erection of new garage.
Land adjacent to School House Cross
Lanes Marchwiel Wrexham LL13 0PH
Alterations to existing dwelling and replacement of
windows. Demolition of existing garage and study
and replace with new single storey extension.
Outline application for erection of two and three
storey, 52 unit extra care home with ancillary and
communal accommodation and associated parking.
Erection of dwelling (park home prefabricated
dwelling) to rear, relocation of timber garage,
alteration to existing vehicular access.
Outline application for erection of detached
dwelling
1 Smithfield Cottages Smithfield
Green Holt Wrexham LL13 9AJ
Two storey rear extension and erection of single
garage.
Llys Madoc Elderly Persons Home
Plas Madoc Wrexham LL14 3LH
Rear of Bod Eirion Bottom Road
Summerhill Wrexham LL11 4TN