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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
APPLICATION NO:
P/2014 /0628
COMMUNITY:
Ruabon
WARD:
Penycae & Ruabon
South
LOCATION:
WYNNSTAY HALL WYNNSTAY
PARK RUABON WREXHAM
LL14 6LA
DATE RECEIVED:
28/08/2014
DESCRIPTION:
AMENDMENT TO PLANNING
PERMISSION P/2005/0645 TO
REPLACE PREVIOUS PROPOSAL
TO CONVERT THE LIBRARY INTO 4
APARTMENTS TO NOW CONVERT
INTO 1 DWELLING.
CASE OFFICER:
PF
AGENT NAME:
CONCEPT BESPOKE
INTERIORS
MR OMAR GOMEZ
EVANS
APPLICANT(S) NAME:
MR OMAR GOMEZ EVANS
CONCEPT BESPOKE INTERIORS
______________________________________________________________
THE SITE
Proposed parking areas
Area of building subject to
application
PROPOSAL
The proposal is for the conversion of part of the existing hall to form one
single 6 bed dwelling over three floors. Planning permission has previously
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
been granted for various conversions since the building ceased its use as an
educational establishment.
HISTORY
CB/01641
CB/03087
CB/03692
P/2000/1019
P/2005/0645
P/2014/0629
Change of use from College to 6 residential units.
Granted 9.2.1998
Conversion of central section to 4 residential units.
Granted 25.6.1999
Conversion of outer section to 6 residential units.
Refused 10.1.2000
Conversion of hall and tower to 4 dwellings.
Granted 8.4.2002
Amendments to CB/03087 to provide 3 additional units.
Granted 5.12.2005
Amendment to planning permission P/2005/0645 to
replace previous proposal to convert library into 4
apartments to now convert to one dwelling (listed building
consent application) Pending
DEVELOPMENT PLAN
The site is located outside any defined settlement. Wynnstay Hall is a Grade
II* listed building. Policies PS2, GDP1, EC9, H4 and T8 are relevant.
Guidance is contained in Local Planning Guidance Notes 13 – Housing in the
Open Countryside and 16 – Parking Standards. National planning guidance is
contained in Planning Policy Wales (PPW) and Circular 61/96 Planning and
Historic Environment – Listed Buildings and Conservation Areas.
CONSULTATIONS
Community Council:
Local Members:
Site notice:
Highways:
Public Protection:
NRW:
Welsh Water:
Cadw – Parks and Gardens:
Garden Historic Society:
Welsh Hist. Gardens:
Welsh Hist. Gardens Trust:
Neighbouring occupiers:
Consulted 2.9.2014
Notified 2.9.2014
Expired 25.9.2014
No recommendations
No comments
Liaise with County Ecologist.
Consulted 1.9.2014
Consulted 1.9.2014
Consulted 1.9.2014
Consulted 1.9.2014
Consulted 1.9.2014
15 neighbouring occupiers notified. One
comment received raising the following
points:
• Concerned about the close proximity of
the neighbouring kitchen door to the
proposed pump house. Neighbours
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
•
•
•
•
would be able to hear and smell
chemicals from the pump and pool
mechanism;
The proposed use of the corridor as a
refuse area is adjacent to the
neighbouring kitchen door and would
pose a health risk;
Where will parking spaces be as all
parking spaces are currently allocated;
There are bats living in the cellar which
is the proposed site of the cellar; and
The ownership criteria of the application
have not been met.
SPECIAL CONSIDERATIONS
Background: In this instance the main issues for consideration are the
impacts of the development upon the setting of the Grade II* listed hall, the
impact upon existing neighbouring occupiers and also the impact upon
highway safety.
The proposal is the subject of a separate application for listed building
consent (P/2014/0629) which deals with the acceptability of the technical
alterations to the building.
Amenity: I am satisfied that the proposal is unlikely to result in harm to the
amenity of the neighbouring site occupiers. There are minimal changes
proposed to the physical layout of the building and existing openings are
proposed to be used. Minimal openings are proposed such as additional
doorways as well as the provision of a vent for a proposed internal pool. It
should be noted that the principle of the conversion of this section of the
building into multiple units has been established previously. I consider that
this scheme would represent less of an impact upon the neighbouring
occupiers as there are likely to be fewer occupiers. Those occupiers that
would reside at the property will move to and from the site as a family unit.
I note the concerns of the neighbouring occupiers regarding the presence of a
louvered ventilation panel adjacent to neighbouring dwelling residential units.
This grill would be located below an existing habitable window of the
neighbouring dwelling. However, I understand that this grill is purely to
provide a source of air to the plant room associated with the pool. It is
specially designed to be used in residential locations and features in-built
noise attenuation measures. On balance, I do not consider that this would
cause undue harm to the amenity of the neighbouring occupiers by way of
noise and odour.
Listed Building: Wynnstay Hall is a Grade II* listed building, being of
exceptional architectural and historic importance. The proposals have been
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
the subject of detailed pre-application discussions between the applicant and
the Council’s conservation team. The proposals are overall generally
sympathetic to the fabric and form of the building and there are minimal
external changes proposed. Internal alterations are limited to the existing
layout of the building and there are minimal changes proposed which would
result in harm to the fabric of the building. I consider that this proposal to
retain this section of the building as one complete self-contained unit would
result in a reduced impact upon the special character of the building and
would accord with policy EC9.
Highway safety: The six bed dwelling would require a maximum of 4 vehicle
spaces in accordance with LPG16. This is clearly achievable on this site, but
parking provision has been shown on an amended location plan. Highways
have raised no objection to this proposal and given that planning permission
has previously been granted for the conversion to a higher number of units,
there is no justification to refuse this application on highway safety grounds.
Ecology: The proposal has been the subject of an ecological survey due to
the visual presence of bats within the building. Mitigation has been proposed
as part of the scheme which has been crossed checked against the physical
alterations and how they may impact upon the fabric of the building. The
mitigation as proposed is considered acceptable and can be conditioned. As
such, it is considered that there will be not have a detrimental impact upon
protected species.
Other matters: Proposed bin storage has been shown to utilise some
existing provision however there is some question over the lawfulness of this
structure. On this basis, I intend to impose a condition to secure detail of the
proposed bin storage prior to the occupation of the dwelling.
The applicant has completed the necessary ownership details as part of the
submission. Any issues regarding ownership disputes cannot be considered
as part of this application and are matters that will need to be dealt with by the
parties involved.
CONCLUSION
I am satisfied that adequate consideration will be given to the historic fabric
element of this scheme through the concurrent LBC application, and given the
limited changes that are required this proposal would represent a positive
reuse of the currently vacant and vulnerable section of the building. There will
not be any adverse impact upon the setting of the building and would not be
contrary to policy GDP1 and EC9. I recommend accordingly.
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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.
The development shall only be carried out in strict accordance with the
details shown on the approved drawing(s) numbered
WH.05 Rev B
WH.06 Rev A
WH.07 Rev A
WH.11
WH.22 Rev A
and contained within the application documentation.
3.
Prior to the occupation of the development hereby approved, the
recommendations set out in the 'EDC Planning Application Species
Assessment' Reference 0866 - Wynnstay Hall Report - V1 and the associated
plans numbered 0866 - Mitigation Plan MIT-01 shall be implemented in their
entirety in strict accordance with those details. The mitigation measure as
installed shall remain in place for the lifetime of the development.
4.
Prior to the occupation of the development hereby approved and
notwithstanding the details contained in the approved plan details of a bin
store shall be submitted to and approved in writing by the local planning
authority.
5.
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.
6.
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.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure that the development fully complies with the appropriate
policies and standards.
3.
In order to ensure that species that are afforded statutory protection are
not harmed by the implementation of the development hereby approved.
4.
In the interests of the visual amenity of the area and to ensure that the
development respects the setting of historical assets on the site.
5.
In the interests of the visual amenity of the area and to ensure that the
development respects the setting of historical assets on the site.
6.
To protect the amenities of the occupiers of nearby properties.
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NOTE(S) TO APPLICANT
This permission does not authorise any works within the parkland or in any of
the landscaped areas immediately surrounding the property.
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 applicant is advised that compliance with condition no. 6 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.
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.
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.
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
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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 5 May 2015
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.
You are advised that this permission does not in itself authorise the carrying
out of the development hereby permitted until the necessary Listed Building
Consent has been obtained. Your concurrent application for Listed Building
Consent has now been forwarded to Cadw for their consideration.
______________________________________________________________
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