REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
APPLICATION NO:
P/2015 /0133
COMMUNITY:
Gresford
WARD:
Marford & Hoseley
LOCATION:
FORMER ATS TYRE DEPOT
MARFORD HILL MARFORD
WREXHAM
LL12 8SW
DESCRIPTION:
DEMOLITION OF EXISTING
BUILDING AND ERECTION OF TWO
DWELLINGS AND ONE OF THESE
DWELLINGS WILL INCORPORATE
EXISTING FRONT ELEVATION OF
FORMER SMITHY
DATE RECEIVED:
24/02/2015
CASE OFFICER:
KH
AGENT NAME:
SBS DESIGN LTD
MR CHRIS PALIN
APPLICANT(S) NAME:
MR MICHAEL NIELD MICHAEL
NIELD HOMES LTD
______________________________________________________________
P/2015/0133
THE SITE
The site is currently occupied by the former ATS building. The building is
located off the S.E side of the B5145 at the edge of the Gresford/Marford
Settlement.
It is open countryside to the North, South and North-East with residential
properties to the SW and West of the site. The site is located within Marford
Conservation Area.
PROPOSAL
Partial demolition of existing building and erection of two dwellings,
incorporating existing front elevation of former smithy as part of the design.
Application submitted with tree report with recommendation to retain existing
horse chestnut and removal of existing group of conifer (Leyland cypress)
trees.
HISTORY (most relevant)
P/2015/0134.
Application for conservation area consent to demolish
existing buildings to enable erection of two dwellings.
See next application on agenda.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
DEVELOPMENT PLAN
The site is located within the settlement limits of Gresford/Marford, and it is
within the Marford Conservation Area. UDP Policies PS1, PS2, GDP1, EC7,
EC8, EC15 and T8 refer.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
NRW:
Welsh Water:
CPAT:
Site Notice
Press Notice
Neighbouring Occupiers:
Object on the grounds the proposal is too
large and out of character with this part of
the Community.
It would also change the appearance of the
area when approaching from the Rossett
direction.
Notified 27.2.2015
No objection on the basis of the substantial
generation of vehicles by virtue of previous
use and the proposed acceptable visibility
splays and width of the access. On-site
parking for both properties is acceptable.
Conditions required to restrict hours of
construction and to deal with any potential
contamination given the historical use of the
land.
No objections.
Drainage conditions required.
Photographic Survey required.
Expired: 19.3.2015
Expired: 3.4.2015
3 representations received:
One letter supports the proposal on the
basis of removing the industrial additions
which are unsightly, and because it retains
the Old Smithy frontage and the proposed
buildings are acceptable.
The second letter is pleased to see aspects
of the Marford houses incorporated as part
of the scheme, but is not pleased that the
renowned “gothic” style windows are not
included as these would be more in keeping
with the area.
The third letter objects on the basis that the
historical significance of the Smithy will be
lost.
SPECIAL CONSIDERATIONS
Design: The application for redevelopment of the site has been submitted
following pre-application discussions which have focused primarily on the
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
securing of a high quality design to the development given its prominent
position within Marford Conservation Area and it being adjacent and in close
proximity to several grade II listed buildings.
The site is currently occupied by the former ATS garage building which
comprises an earlier building with large modern sheds to the rear, and nearly
all of the buildings do not enhance the area. The earlier building, however,
displays some architectural detailing characteristic of the Conservation Area
and whilst not specifically identified in the adopted Conservation Area
Character Assessment and Management Plan as being of visual interest, this
element of the building still has some historic interest and it contributes to the
distinct appearance of the area.
The proposed redevelopment of the site provides an opportunity to remove all
the modern commercial garage elements of the site and for these to be
replaced a scheme that enhances the appearance of this part of the
conservation area, including its appearance when approaching the area from
the Rossett direction.
The submitted scheme intends to retain the frontage of the earlier building,
and this is seen as a positive design feature. This earlier building was
originally a smithy, and this was historically associated with the adjacent
grade II listed Smithy Cottage, and therefore this building contributes to the
wider setting. The building however has changed significantly over the years
and very little of the original building remains.
The removal of the modern sheds at the rear of that building, and their
replacement with buildings of a smaller scale, albeit the proposals include a
slightly high slate roof (by approximately 1m) is supported. This plot (plot 1)
will have a higher quality design when compared with the existing buildings,
and together with sympathetic boundary treatment, it is considered to offer a
significant enhancement to the setting of a Listed Building and the
Conservation Area generally.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
Rossett
New
replacement
tree planting
Existing tree
to be retained
Above – Proposed layout of site – as submitted
Plot 2
Plot 1
(incorporating existing
façade)
Above – the proposed street scene of proposal
The design of the new 2 storey dwelling (Plot 2) has been given careful
consideration, given its location at the northern edge of existing settlement. It
is considered that the design accords with the distinct architectural character
of the Conservation Area, whereby it is incorporating roughcast render finish,
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
arched window features, curved entrance porch, brick dentil course and a
symmetrical frontage being particularly important to the visual integration of
the new building. The building is also relatively low and is consistent with the
scale of other neighbouring properties. The relatively low height, the insertion
of windows within the gable elevation, the intervening garage and proposed
tree planting will ensure the views when approaching from Rossett are
sympathetic to the character of the Conservation Area.
The scheme respects the special local character of the area in terms of built
development and a sympathetic landscaping scheme, retaining the horse
chestnut on the site. New tree planting at the NE edge of the site is also
proposed, together with metal railings and a hedge on the front boundary
adjacent to the highway. A 1.2m post and rail fence to the rear will further
integrate the development with its position adjacent to the countryside.
Highways: The site is located adjacent to B5445 Chester Road which is
classified and subject to a 30mph speed limit. Based on typical speeds of
30mph any proposed/existing access would normally be required to provide
visibility splays of 2.4x 56m in both directions, as measured to the nearside
edge of the adjacent highway. This splay cannot be achieved to south
(towards Marford Hill) but since the access would have generated significantly
more vehicular movements than the proposed use, the slight reduction in the
splay is not considered significant. The proposed splays of 2.4m x 52m to the
SW and 2.4m x 56m to the NE are considered acceptable in this instance.
The width of the access will be 4.5m and this will enable simultaneous access
and egress, and each property will have parking and turning facilities.
Amenity: The location of Plot 1 given the orientation of properties and
distances will ensure the amenity of Smithy Cottage or properties on the NW
side of the B5445 is not compromised. The removal of the substantial part of
the existing garage building will significantly improve their outlook towards the
site.
CONCLUSION
The proposal offers an opportunity to redevelop an unsightly site which is
located at a very prominent location at the edge of settlement, which is also
forming part of a Conservation Area. The scheme is also seeking to utilise the
existing front façade of the former smithy building on the site, which is of
historic interest locally, and this is seen as a positive element of the proposal.
On completion, the scheme will provide two new properties which are
reflecting the scale and architectural characteristics of the Conservation Area,
and together with landscaping measures, the proposal will significantly
enhance the site, and it will contribute to the appearance of the Conservation
Area and the wider area generally.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be commenced before the
expiry of five years from the date of this permission.
2.
No facing or roofing materials shall be used other than those detailed
on the application form and within the approved application documentation.
3.
Prior to first use of the development, all external joinery shall receive a
painted finish in accordance with a colour which has been submitted to and
approved in writing by the Local Planning Authority. The colour of the painted
finish shall not thereafter be changed without the prior written consent of the
Local Planning Authority.
4.
Prior to their installation on the building, a specification of rainwater
goods shall be submitted to and approved in writing by the Local Planning
Authority. The details shall fully describe the proposed materials, fixing
method, decorative/protective finishes and include cross sections. Works shall
only be carried out in strict accordance with such details as approved.
5.
All roof lights hereby approved shall be 'conservation type' only fitted
flush with the adjoining roof surface.
6.
Prior to the installation, samples of all new hardsurfacing materials
should be submitted and approved, in writing, by the Local Planning Authority.
Works shall only be carried out in strict accordance with the details as
approved and retained thereafter unless otherwise agreed, in writing, with the
Local Planning Authority.
7.
The replacement metal railings to the site frontage shall receive a black
finish which shall thereafter be retained.
8.
Prior to first use of the development the site shall be laid out in strict
accordance with layout plan(s) No. C872-09.
9.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 52 metres to the south
west and 2.4 metres x 56 metres to the north east measured to the nearside
edge of the adjoining highway. Within these splays there shall be no
obstruction in excess of 1 metre in height above the level of the adjoining
highway. The splays shall thereafter be permanently retained clear of any
such obstruction to visibility.
10.
Prior to first use of the development hereby approved a pedestrian
visibility splay shall be established measured from the centreline of the
vehicular access 2.4 metres back from the back edge of the footway to points
3.3 metres either side measured along the back edge of the footway. Within
these splays there shall be no obstruction in excess of 0.6 metres in height
above the level of the adjoining highway. The splays shall thereafter be
permanently retained clear of any such obstruction to visibility.
11.
There shall be no gates or other means of enclosure across the
vehicular access point within 5 metres of the highway boundary.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
12.
Prior to first use of the vehicular access hereby approved, the access
shall be surfaced with hard bound materials (e.g. bituminous macadam) for a
minimum distance of 5 metres behind the adjoining highway.
13.
No private surface water run off shall be permitted to flow from the
development site onto the adjoining highway. An Aco drain or similar shall be
provided across the approved access to intercept any such run off prior to first
use of the development.
14.
All works in relation to the implementation of this permission, including
deliveries to and / or leaving the site, shall be undertaken only between the
hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday,
and at no time on a Sunday or a Bank Holiday.
15.
No part of the development shall commence 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.
16.
No part of the development shall be occupied until a Verification Report
which demonstrates that the remedial works approved as part of condition no.
15 above have been satisfactorily carried out, has been submitted to and
approved in writing by the Local Planning Authority.
17.
No land drainage run-off or surface water shall be permitted to
discharge or connect to the public sewerage system, either directly or
indirectly, and foul and surface water shall be drained separately from the site.
18.
No part of the development shall commence until a scheme for the
comprehensive and integrated drainage of the site indicating how foul water,
surface water and land drainage will be dealt with has been submitted to and
approved in writing by the Local Planning Authority. The scheme as approved
shall be implemented in accordance with a timescale to be agreed as part of
the submitted details and maintained thereafter.
19.
Within three months of commencement of development, full details of a
hard and soft landscaping scheme together with a plan indicating the
positions, design, materials and type of boundary treatment and timescale for
implementation of works shall be submitted to and approved in writing by the
Local Planning Authority.
20.
The landscaping scheme submitted and approved in connection with
condition no. 19 shall be fully implemented in all respects within the agreed
timescale and in strict accordance with the approved scheme.
21.
The planting scheme implemented in connection with condition no. 19
shall be permanently retained. Any planting which becomes severely
damaged or seriously diseased, or is in poor physiological condition and/or
are removed without the written permission of the Local Planning Authority
shall be replaced within the next available planting season by trees or shrubs
of similar size and species to those originally required to be planted.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
2.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
3.
To ensure the works reflect the character and appearance of the
building.
4.
To ensure the works reflect the character and appearance of the
building.
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 ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
8.
In the interests of highway safety.
9.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
10.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
11.
In the interest of the free and safe movement of traffic on the adjacent
highway and to ensure the formation of a safe and satisfactory access.
12.
To ensure that no deleterious material is carried onto the highway, in
the interests of highway safety.
13.
In the interests of highway safety.
14.
To protect the amenities of the occupiers of nearby properties.
15.
In the interests of the amenities of the future occupants of the buildings
16.
In the interests of the amenities of the future occupants of the buildings
17.
To protect the integrity of the public sewerage system and prevent
hydraulic overloading of the public sewerage system. To protect the health
and safety of existing residents and to ensure no detriment to the
environment.
18.
To ensure that effective drainage facilities are provided for the
proposed development, and that no adverse impact occurs tot eh environment
or the existing public sewerage system.
19.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
20.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
21.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
NOTE(S) TO APPLICANT
The applicant is advised that compliance with condition no. 14 does not
provide an exemption from the statutory noise nuisance provisions of the
Environmental Protection Act 1990. Any complaints received relating to noise
from the development during the permitted hours may still be investigated
using the Council's Standardised Procedure for Dealing with Noise Nuisance
Complaints and legal action may be taken where appropriate.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
The applicant is advised that the Council has the option to control construction
noise by serving a Control of Pollution Act 1974, Section 60, Notice where
deemed necessary, and failure to comply with such a Notice can result in
prosecution. For further information and advice regarding construction noise
please contact the Council's Housing and Public Protection Department on
01978 315300.
Burning of waste generated from construction activities is not considered to be
an appropriate method of disposal and action may be taken as follows:
- Under the Environmental Protection Act 1990 anyone found disposing of
construction site waste by burning is likely to be in breach of their duty of care
with regard to waste disposal;
- Under the same Act an abatement notice may be served where smoke is
judged to be causing a nuisance to neighbouring properties. Failure to comply
with the requirements of the notice can result in prosecution;
- Under the Clean Air Act 1993 it is an offence for a commercial activity to
burn anything that gives rise to dark smoke.
To prevent offences under the above named Acts there should be no bonfires
on the site, to include the prohibition of the burning of cleared vegetation. The
applicant should contact the Council's Housing and Public Protection
Department on 01978 315300 for further advice and information.
The Applicant is advised that under the Environmental Protection Act 1990,
dust from construction and/or demolition activities can be judged to be
causing a statutory nuisance to neighbouring properties. A legal notice can
be served requiring that any dust nuisance is abated and failure to comply
with the requirements of the notice can result in prosecution. The applicant
should contact the Council's Housing and Public Protection Department on
01978 315300 for further advice and information.
Further advice on compliance with condition no. 15 may be obtained by
contacting the Council's Environmental Protection Team on 01978 315733.
Should the investigation identify contamination issues that may affect
receptors other than the site users e.g. groundwater, then it is recommended
that these works are also addressed in consultation with the Housing and
Public Protection Department prior to commencement of works on site.
Your attention is drawn to the advice note from Welsh Water including the
location of the sewer.
Your attention is drawn to item nos 1, 2, 3, 4, 5 of the supplementary notes.
The proposed development lies within an area that has been defined by The
Coal Authority as containing potential hazards arising from former coal mining
activity. These hazards can include: mine entries (shafts and adits); shallow
coal workings; geological features (fissures and break lines); mine gas and
previous surface mining sites. Although such hazards are seldom readily
visible, they can often be present and problems can occur in the future,
particularly as a result of development taking place.
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
It is recommended that information outlining how the former mining activities
affect the proposed development, along with any mitigation measures
required (for example the need for gas protection measures within the
foundations), be submitted alongside any subsequent application for Building
Regulations approval (if relevant). Your attention is drawn to The Coal
Authority Policy in relation to new development and mine entries available at:
https://www.gov.uk/government/publications/building-on-or-within-theinfluencing-distance-of-mine-entries
Any intrusive activities which disturb or enter any coal seams, coal mine
workings or coal mine entries (shafts and adits) requires a Coal Authority
Permit. Such activities could include site investigation boreholes, digging of
foundations, piling activities, other ground works and any subsequent
treatment of coal mine workings and coal mine entries for ground stability
purposes. Failure to obtain a Coal Authority Permit for such activities is
trespass, with the potential for court action.
Property specific summary information on past, current and future coal mining
activity can be obtained from: www.groundstability.com
If any of the coal mining features are unexpectedly encountered during
development, this should be reported immediately to The Coal Authority on
0345 762 6848. Further information is available on The Coal Authority
website at:www.gov.uk/government/organisations/the-coal-authority.
______________________________________________________________
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