1. health and fitness

REPORT TO:
Planning Committee
REPORT NO.
HCWD/16/15
DATE:
30 March 2015
REPORTING OFFICER:
Head of Community Wellbeing &
Development
CONTACT OFFICER:
David Williams (Ext 8775)
SUBJECT:
Development Control Applications
WARD:
N/A
PURPOSE OF THE REPORT
To determine the listed planning applications.
INFORMATION
Detailed reports on each application together with the recommendations are
attached.
RECOMMENDATION
See attached reports.
BACKGROUND PAPERS
None.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Community
RUA
Code No
P/2014 /0021
Applicant
WYNNSTAY FARMING
CO LTD MS CAROLINE
GOODWILL
Recommendation
GRANT
Pages
27 – 70
ESC
P/2014 /0427
MR ROBERT HANNABY
GRANT
71 – 73
CEF
P/2014 /0556
GRANT
74 – 85
WRR
P/2014 /0934
WALES & WEST
HOUSING
MR MIKE LEWIS
GRANT
86 – 88
MAE
P/2015 /0027
MR PAUL EDGE
GRANT
89 – 95
MAR
P/2015 /0028
MR LAURENCE
WAHLBERG
GRANT
96 – 101
HOL
P/2015 /0086
HMD INVESTMENTS LTD
GRANT
102 – 108
BRN
P/2015 /0091
MR PETER LLOYD
REFUSE
109 – 113
RHO
P/2015 /0108
PENNAF
MR ARWYN EVANS
GRANT
114 – 118
RUA
P/2015 /0159
MRS A COLES
GRANT
119 – 122
Total Number of Applications: 10
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.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2014 /0021
COMMUNITY:
Ruabon
WARD:
Penycae & Ruabon
South
LOCATION:
RUABON BUSINESS PARK SITE
ADJACENT TO A483 RUABON
WREXHAM
LL14 6TE
DESCRIPTION:
OUTLINE APPLICATION FOR MIXED
USE DEVELOPMENT COMPRISING
COMMERCIAL (CLASS A1
FOODSTORE WITH PETROL
FILLING STATION AND
ASSOCIATED CAR PARKING AND
CLASSES A3 / B1/ C1), EXTRACARE (CLASS C2), RESIDENTIAL
(CLASS C3) WITH ASSOCIATED
VEHICULAR ACCESS OFF THE A539
AND B5606 AND OTHER RELATED
IMPROVEMENTS.
ALL MATTERS RESERVED EXCEPT
MEANS OF ACCESS
DATE RECEIVED:
22/12/2013
CASE OFFICER:
PF
AGENT NAME:
FORSTERS
MR TIM TAYLOR
APPLICANT(S) NAME:
MS CAROLINE GOODWILL
WYNNSTAY FARMING CO LTD
______________________________________________________________
THE SITE
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
RUABON
SETT. LIMIT
ACREFAIR/CEFN
MAWR SETT.
LIMIT
SITE
WYNNSTAY
HALL
Note
- Diagonal hatching denotes Special Landscape Area
- Square hatching denotes Green Barrier
- Site is not in either designation.
The site consists of approximately 25 hectares (61.8 acres) of agricultural land
to the south of Ruabon which forms part of the historic Wynnstay Estate. The
site has an open aspect and is bounded to north by the A539 and the B5605,
to the west by a short section of the road at the rear of The Green, to the east
by James Farm Caravan Park and to the south by farmland which is within the
control of the applicant. To the north of the site on the opposite side of the
road to the A539 dual carriageway is a medium sized housing development
(Edge of the Woods/Cil y Coed). Within the site, in a central position, lies a
large pond and a belt of trees on the northern and western boundaries. Part
of the site forms the north western corner of the Grade I listed Historic Park
and Garden of the Cadw registered Wynnstay Hall (are denoted on plan
above). A small section of Offa’s Dyke (Scheduled Ancient Monument) lies
along the south western boundary.
PROPOSAL
Outline planning permission is sought for a mixed use development of the site
for up 319 dwellings, extra care accommodation (C2) and commercial
development consisting of a class A1 food store with petrol filling station, class
A3 (public house), B1 (light industrial) and C1 (hotel) along with associated
access provision on to the A539 and B5606. Provision was originally made
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
within the proposal to gift land to the Council for the provision of a school,
however, following discussions this was omitted from the scheme.
All matters are reserved for further approval, save for access for which
approval is sought at this outline stage. In relation to the detailed access
proposal, improvements are sought to the existing roundabout at the junction
of the A539 and the B5605 with the provision of a new ‘fifth arm’ to provide
vehicular and pedestrian access into the site. A new at grade pedestrian light
controlled crossing across the dual carriageway to provide pedestrian access
across towards the centre of Ruabon village is also proposed. Approval is
also sought for a new roundabout access to the site from the B5605 as well as
a dedicated delivery vehicle access route to be associated with the retail
element. All access points are shown with a selected length of carriageway
into the site.
Supporting Information
The application is accompanied by an Illustrative Site Masterplan (shown on
the following page) and a detailed access arrangement plan. Other detailed
statements and appraisals have been submitted which include Planning,
Design and Access Statement, Transport, Ecological, Landscape and Visual
Impact, Arboricultural, Noise, Retail, Employment, Community Involvement,
Population, Energy and Sustainability and Viability.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Illustrative site plan
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
RELEVANT PLANNING HISTORY
CODE
DESCRIPTION OF DEVELOPMENT
DECISION
RUA23477
BUSINESS PARK, B1 HIGH TECHNOLOGY,
MANUFACTURING, RESEARCH AND
DEVELOPMENT & PRESTIGE OFFICES).
GRANTED
31.07.1995
CB01467
VARIATION OF CONDITION NO, 2 OF
OUTLINE PLANNING PERMISSION
6/RUA/23477 TO ALLOW A FURTHER 3
YEAR PERIOD WITHIN WHICH RESERVED
MATTERS ARE TO BE SUBMITTED.
GRANTED
06.10.1997
P/2000/0418 RELAXATION OF CONDITION NO. 2
IMPOSED UNDER PLANNING PERMISSION
CODE NO. CB01467 TO ALLOW
EXTENSION OF TIME FOR THE
SUBMISSION OF RESERVED MATTERS
APPLICATION.
GRANTED
31.07.2000
P/2000/0491 VARIATION OF CONDITION NO 6 OF
OUTLINE PLANNING PERMISSION NO
CB01467 TO ALLOW A MAXIMUM OF 65%
OF THE TOTAL SITE AREA TO BE TAKEN
UP BY OPERATIONAL AND BUILT
DEVELOPMENT.
WITHDRAWN
P/2000/0769 VARIATION OF CONDITION NO 6 OF
OUTLINE PLANNING PERMISSION NO
CB01467 TO ALLOW A MAXIMUM OF 65%
OF THE TOTAL SITE AREA TO BE TAKEN
UP BY OPERATIONAL AND BUILT
DEVELOPMENT.
P/2003/0058 VARIATION OF CONDITIONS 2 AND 3
IMPOSED UNDER OUTLINE PLANNING
PERMISSION CODE NO. P/2000/0418 TO
ALLOW A FURTHER 3 YEAR PERIOD
WITHIN WHICH RESERVED MATTERS MAY
BE SUBMITTED AND A FURTHER 5 YEAR
PERIOD FOR COMMENCEMENT OF
DEVELOPMENT
GRANTED
10.03.2003
P/2003/0852 DISPLAY OF ‘V’ BOARD SIGN
GRANTED
15.08.2003
P/2003/1484 BUSINESS PARK, B1 USE (HIGH
TECHNOLOGY, MANUFACTURING,
RESEARCH AND DEVELOPMENT OF
GRANTED
06.06.2005
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
PRESTIGE OFFICES)
P/2008/0844 OUTLINE APPLICATION FOR
DEVELOPMENT OF B1 OFFICE, A1 FOOD
RETAIL, ACCESS ARRANGEMENTS AND
ASSOCIATED SITE WORKS
P/2010/0847
APPLICATION FOR CERTIFICATE OF
LAWFULNESS IN RELATION TO
DEVELOPMENT COMPRISING THE
CONSTRUCTION OF AN ACCESS ROAD
TO SERVE THE DEVELOPMENT OF THE
RUABON BUSINESS PARK AS APPROVED
IN DECISION NOTICE REF
RUA/P/2003/1484 - BUSINESS PARK, B1
USE (HIGH TECHNOLOGY,
MANUFACTURING, RESEARCH AND
DEVELOPMENT OF PRESTIGE OFFICES)
REFUSED
01.06.2009
REFUSED
ALLOWED
ON APPEAL
DEVELOPMENT PLAN
The site is outside any settlement limit. Policies PS1, PS2, PS3, PS4, PS11,
GDP1, GDP2, EC2, EC4, EC6, EC9, EC11, EC13, H5, H7, S4, S6, S7, CLF5,
T8 and MW9 of the Wrexham Unitary Development Plan (UDP) are
applicable. These policies are amplified in Local Planning Guidance (LPG)
Notes 10 – Public Open Space in New Developments, 16 – Parking
Standards, 17 – Trees and Development, 27 – Developer Contributions to
Schools, 28 – Affordable Housing, 30 – Residential Design Guide and 32 –
Biodiversity and Development which are relevant.
National planning policy is contained in Planning Policy Wales (Edition 7)
(PPW) and Technical Advice Notes (TAN) 1 - Joint Housing Land Availability
Studies, 2 – Planning and Affordable Housing, 5 – Nature Conservation and
Planning, 11 – Noise, 12 – Design, 18 – Transport and 23 – Economic
Development.
CONSULTATIONS
Community Council (Ruabon):
Object and request the application be
refused. It is deeply concerned that
the developers clearly have no
definite plans and have simply listed
as many different uses as possible to
pick off the most lucrative uses.
- The Council recognises that the
previous planning decisions have
impacted upon the open break
between Ruabon and Plas
Madoc/Cefn Mawr but the
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
-
-
-
-
previous business park allowed a
very low proportion of built
development to green landscaped
areas retaining a break between
the communities;
Given the nature of the built
development and the views from
a series of viewpoints along
A539/B5605 it is difficult to see
how any sense of open character
could be maintained without
substantial reduction in the built
development;
Whilst the Council’s housing
shortage is noted, this is not an
appropriate site creating a new
community. The site is not a
characterful extension to Ruabon
given the separation by a major
highway which would be difficult
to cross even with a pedestrian
crossing. This would create a
self-contained new village and
does not satisfy UDP policy of
allocating new housing
development to a range of sites
within and adjacent to existing
built up areas. PPW is also clear
that new settlements should not
occur on an ad hoc basis.
Whilst the offer of a school might
be welcome, there is no evidence
of how it is to be funded or when
construction might be
programmed – it would need to
be funded by the developer and in
place concurrently with the
construction of the housing
otherwise children will have to
travel to existing schools which
are inconveniently located and
are already stretched;
The offer of 10% affordable
housing is woefully below the
required 25% normally required in
accordance with Council policy;
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Traffic
- Segregation is emphasised by the
only links to the community being
street level crossings which not
infrequently forms part of a
diversionary route for traffic on
the A483 causing problems for
diversionary routes or blocking
pedestrian links isolating the site;
Retail
- The proposed retail unit is placed
remotely from the housing
emphasising its lack of
sustainability;
- It is a strange size, being too big
for Lidl/Aldi and too small for a
Tesco/Asda;
- It is too big for this new
community nor would it suitably
be located to serve
Ruabon/Johnstown/Rhos and
would not satisfy the primary test
for local need shopping (policy
S6);
Business units
- The previously approved
business park was high quality,
low density which could not be
provided elsewhere in the County.
The scheme now shown is typical
small industrial type development
with large block of unrelieved
buildings surrounded by large
area of car parking etc. There are
many other far more suitable
underused sites for such uses.
The opportunity for high quality
business is lost.
- There is no evidence to
demonstrate that building a new
pub/hotel would be justified. The
village has several other pubs.
There is a danger that a new pub
would jeopardise local facilities in
Ruabon contrary to S9;
Ecology
- There is little evidence to
demonstrate how it properly deals
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
with ecological species and
historic trees in the site. The
amount of built development is so
great that it seems unlikely that
they can be accommodated as
required by law.
Adjoining Community Councils –
Cefn:
Chirk Town:
Penycae:
Rhos:
Objects – concerns about the
increase of traffic on the roundabout
and that there is petrol station within
half a mile and superstores within
Cefn Mawr and Johnstown;
Consulted 30.01.2015
The location is not deemed suitable
for such development. The site is
neither in Ruabon nor Rhosymedre
and would appear isolated. It is felt
that there is no call for additional
supermarket facilities in the location,
the area being adequately served at
present.
Objects for the following reasons:
- The type of business units
suggested would be no different
than many unused business units
already available within the
borough;
- Questions would be raised at
which store would take up a unit
of this size, does not seem to
relate to the current supermarket
providers. In this climate Tesco
stores are closing. Is another
Supermarket required?;
- It is noted that there is a need for
more housing in the area, this
development does not seem to be
an extension of Ruabon but a
new village, self-contained, with
no easy access to the existing
village;
- Although there may be some
provision in future for a school,
this is an area of bilingual
provision, would possibly require
provision for both mediums and
until this is provided it would have
an impact on the current school
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Erbistock:
Local Member (Cllr J. Lowe):
Adjoining Local Members –
Cllr P. Blackwell:
Cllr D. Wright:
Cllr D. Taylor:
Cllr D. Davies:
Cllr I. Roberts:
Cllr J. Pritchard:
Cllr. J Phillips:
Site Notices:
Press Notice:
Consultations –
Welsh Government (Trunk Road
Agency):
Highways:
intake in all surrounding
communities;
- Although the development is not
within the Rhos Community
Council area, the Council can see
an impact on areas that could
affect this community and would
fully support the representations
made by Ruabon Community
Council.
Consulted 30.01.2015
Consulted 30.01.2015
Consulted 30.01.2015
No comments.
Does not object. The development
will bring employment to the people,
choice to the consumer, footfall to
local commerce in nearby villages
and to council leisure facilities, new
quality and affordable family homes,
business to the area and economic
growth to south Wrexham.
Consulted 30.01.2015
Consulted 30.01.2015
Consulted 30.01.2015
Consulted 30.01.2015
Expired 20.02.2014
Expired 24.02.2014
Does not issue a direction.
Have made the following comments:
Access/infrastructure
- The site has planning permission
for approx. 50,000m2 of B1
business used served by a new
roundabout on B5605 Park Road;
- The existing 4 arm roundabout
serving the A539 and B5605
junction will be upgraded to a 5
arm roundabout serving the site;
- To provide a sustainable link to
Ruabon village a new signal
controlled pedestrian crossing will
be constructed across the A539.
- The principle of each proposed
access into the site has been
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
checked to ensure compliance
with current highway standards;
- A safety audit has been
undertaken to ensure that the
principle of the proposed 5 arm
roundabout and the pedestrian
crossing will not impact upon
highway safety and a 40mph
speed limit will be introduced on
the A539 dual carriageway
section of the road;
- A condition is recommended
requiring the submission of further
roundabout design and signal
controlled crossing details to
ensure that full DMRB standards
are met follow by a Stage 2 safety
audit to confirm standards have
been implemented;
Traffic generation
- The traffic generation from the
proposed development has been
compared to the consented
business park development;
- Traffic generation at peak hours
will be less than that of the
consented development. The
Welsh Government have checked
the traffic generation in relation to
the A483;
- Computer modelling on the local
highway network reveals that all
junctions will function within
capacity. No objections are made
on the grounds of traffic
generation;
Travel Plan
- A travel plan has been formulated
in conjunction with the local travel
plan co-ordinator.
- A condition is recommended to
ensure that the travel plan
requirements are implemented
and monitored to help encourage
sustainable travel and identify
measures to increase the scope
of modal shift. The travel plan
must also consider the
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
requirements of the Active Travel
Bill.
Public Protection:
Head of Assets and Economic
Development:
Head of Education Infrastructure and
Support Services:
Welsh Water:
NRW:
Public transport
- It is intended that public transport
will divert through the site to help
increase sustainable travel
options. Improvements shall be
identified through the travel plan
and implemented as part of the
development.
An Air Quality Assessment should be
submitted to assess the impact of the
increased traffic levels at the
development site upon the existing
site receptors. Construction hours
restrictions and provision of a dust
management scheme should be
submitted as a requirement of a
condition.
Consulted 26.02.2014
There are four schools that are
anticipated to be affected. Ruabon
High School, Rhosymedre Primary
School, Ysgol Maes Y Llan and St.
Mary’s CIW School. Ruabon primary
and secondary schools are showing
full. Section not in favour of the gift
of land as it would not result in a
school of sufficient scale. Would
favour the usual education
contribution through the s106
process.
No objection. Conditions
recommended to protect existing
apparatus and delay of occupation of
any permitted buildings until March
2017 to allow implementation of
capital investment programme to
improve existing sewers.
Object to the proposed development.
Flooding and drainage
- The site is in a TAN15 flood zone
A, but NRWs Surface Water
Flood Map shows that some
areas of the site are susceptible
to surface water flooding. The
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
proposed development has the
potential to increase flood risk to
developments offsite;
- NRW welcomes the use of
soakaways to discharge surface
water but the applicant has not
demonstrated through evidence
that ground conditions are
acceptable or provided detail that
SUDs can be incorporated into
the design;
- The scheme includes for a petrol
station. No fuel or hazardous
substance tanks should be
installed below the water table.
Further investigations would be
required into the level of the water
table on the site and details of the
fuel tanks provided;
Ecological impact
- The development impact upon
ecology will be significant. The
submitted ecological report
mitigation measures should be
implemented as a minimum and a
planning condition made to
secure ongoing management of
the site;
Protected Species
- NRW concur with the conclusions
and recommendations of the
protected species survey;
- Whilst great crested newts were
introduced to the site in 1988,
safeguarding approaches have
not resulted in the detection of
species on the site. The proposal
will not be detrimental to the
maintenance of the favourable
conservation status of the GCN
population on the site.
Pollution Control
- Consent of NRW will be required
for the disposal of sewage and
trade effluent into controlled
waters and a Site Waste
management Plan should be
drawn up and agreed prior to
commencement of development.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Denbighshire County Council:
Network Rail:
Cadw (SAMs, Landscapes and
Parks and Gardens):
Response is limited to potential
issues relevant to the Llangollen
area, which is the nearest highly
populated part of Denbighshire to the
site.
- Llangollen is a low growth town in
the Denbighshire Local
Development Plan, with relatively
small land allocations for housing
and employment use. There is an
extant permission for a retail store
on the Dobson and Crowther site
to the north west of the town
centre. It would seem unlikely that
the scale of the mixed use
development proposed would
result in any significant effects on
the commercial function of
Llangollen, and there are potential
benefits for residents of the Dee
Valley from the employment
generated at the site and
reduction in journey times to
employment in the Wrexham
area. On the basis of the above,
no objections are raised to the
proposals in terms of their
impacts on the Llangollen area.
No comments.
The proposed development is
located in the vicinity of 4 no.
scheduled ancient monuments and
the development must avoid direct
impacts on the designated sites.
- The development will have a
negative impact effect upon a
section of Offa’s Dyke due to
changing the existing more open
rural setting and any exclusion
zoning should not become an
area of landscaping itself;
- The proposal does not discuss
how Offa’s Dyke could be
positively managed in terms of
interpretation and added public
benefit;
- The existing Wynnstay parkland
is recognised for its importance
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Welsh Historic Gardens Trust::
as one of the largest in Wales
because of its designers and has
remained largely intact despite
being split by the A483 and
encroached by roads in the north
western corner. Whilst the
landscape features have been
incorporated such as the pond,
ha-ha wall Cadw consider that
their setting and ability to interpret
them will be lost;
- The LVIA demonstrates that
development will be visible from
upper rooms of the hall and from
the higher approach to
Bathground woodland also that
the view into the park will be
completely altered from an open
rural aspect.
- Further assessment of the visual
impact of the development is
required.
Opposes the development within the
Grade I landscape.
- The development would be
located on the north western part
of the Wynnstay Grade I
landscape which is considered to
be of international significance;
- The mixed use development is
proposed on fields in agricultural
use which forms part of the
parkland enclosed by the
Wynnstay Park wall and
perimeter planting of mature
trees;
- The site is cut off from the rest of
the parkland by the road system
and is not directly adjoining
Ruabon. As an out of settlement
area this application is in conflict
with PPW;
- Development of the land has
been established. Any
development should be led by the
capacity of the landscape to
absorb it. Only uses which can
be accommodated without visual
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
CPAT:
Neighbouring Occupiers:
damage to the parkland should be
permitted;
- The application states that that
the proposed layout has been
designed to minimise visual
impact but few viewpoints have
been taken from the parkland;
- The development would have
high visual impact from the upper
storeys of the hall and from within
the park, for instance from the
track to the Bathground Wood.
Further landscape assessment
might recommend that that
prominent large buildings should
be omitted from the scheme;
- The proposal downgrades the
high quality and prestigious
nature of the previous approval;
- Any large commercial buildings
would potential block off the open
park aspect on approach from
Ruabon Road;
- Any landscape mitigation will only
be limited;
- As the application is within the a
Grade I landscape there could be
the opportunity for some
‘enabling’ works to improve the
column, its urn and the landscape
of Bathground Wood. A new
build residential area with access
to a landscape would be attractive
and this could provide a link
between the park and Ruabon
village.
Cadw will need to be consulted and
they will provide the primary
feedback in relation to the impact
upon the registered parkland and the
scheduled ancient monuments.
CPAT consider that the impact upon
the setting of the SAM De 177 has
not been adequately carried out and
should be done so as part of the
masterplanning process.
49 neighbouring occupiers of the site
were notified and there were a total
of 64 responses received.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Of these responses there were 41
representations supporting the
development on the following
grounds:
- Improvements are required in this
area of Ruabon and Plas Madoc
including jobs, housing,
restaurants and schools;
- The scheme now before the
Committee is by far the best
scheme in the planning history of
the site;
- The employment and retail
opportunities will be a fantastic
opportunity for Ruabon which is
suffering decline;
- The proposal will be a much
needed boost for local young
people;
- The proposal will boost tourism
on the way through to Llangollen;
- The site is ideally located
adjacent to the A483 for
Wrexham Denbighshire,
Shropshire and Welshpool and
the local train station;
- The development appears to be a
real asset and a credit to all
concerned;
- Supermarket competition will
lower prices;
- The increased population growth
in the area will be of benefit to
existing local businesses;
- A local petrol station is needed by
the community;
- Support for the houses is made
on the basis that affordable
provision will be made;
A further 22 representations were
received objecting to the
development on the following
grounds:
Retail
- There is no need for large scale
retail space. There are new
supermarkets in Cefn Mawr and
in Llangollen and established in
Johnstown.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
-
-
-
-
-
-
-
-
-
-
-
Large shops will make it difficult
for small independent retailers to
survive;
The proposal will not create a
large number of jobs but will
move the workforce towards a
new employer;
There is no need for a service
station as there is already one on
the A483;
Proposals exclude ‘big four’ retail
operators. Lidl is a large multinational operation and using the
planning regulations to exclude
‘big 4’ operators in merely being
used to ‘feather Lidl’s nest’;
The food store is based on
proving a need for additional
retail. The site is out of centre,
therefore unless a retail need is
proven it should be refused;
There has been no interest in the
Griflex site, therefore there is no
need for an additional retail unit;
Local amenities such as banks
shops and post office are not
within easy walking distance of
the development and will force
people to travel by car;
The hours of use of the retail
element could result in detriment
to the neighbouring occupiers and
should be strictly controlled, but
noise from customers could still
be a problem;
The proposal does not accord
with Planning Policy Wales
(PPW) as the retail unit would be
built on greenfield land outside
settlement.
Such a development would be
better located on the Griflex site if
the PPW search criteria are
followed;
The proposed development
contravenes policy S5 of the UDP
as the site is not in a defined
district centre being outside
settlement and that it is not of an
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
appropriate scale to existing
centres. Existing shops would
cease to be viable;
Highways
- The use of a pedestrian crossing
is not advisable due to the traffic
speeds along the A539 and
collisions that have previously
been recorded;
- People will not use facilities and
are likely to use shortcuts across
the road from the site which will
cause harm to pedestrians;
- The B5605 is a busy diversionary
route from the A483 and
proposals for another roundabout
will cause further delays and
congestion;
- Proposals for a new school will
put further pressure on the area;
- The existing infrastructure is
inadequate to cope with
increased traffic movements;
- No sound assessments have
been undertaken relating to
existing properties backing on to
the slip road. Will the developer
be contributing to better sound
insulation of existing properties;
Landscape
- Loss of further green space when
the area has so much brownfield
land available at Vauxhall Ind.
Est., Cefn Mawr and Acrefair
(Flexsys and Air Products).
These areas should be used first;
- The Wynnstay land has
significant historical interest linked
to Capability Brown. Likewise the
green colliery and the sense of
arrival into the World Heritage site
should be retained;
Design
- The retail unit is set to the front,
pushing dwellings to the rear of
the site forcing people to drive
toward Ruabon using up the
sparse existing spaces –
residents may feel like they are
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
not part of the community of
Ruabon;
- The existing A539 is a natural
boundary to Ruabon. If the
development is allowed, this may
result in the sprawl between
Ruabon and Rhosymedre;
- The scale of the development will
make Ruabon appear more like a
town than a rural community;
- Existing light pollution will be
made worse by the addition of
housing, retail and hotel on the
site;
- The proposal will do nothing but
impact the quality of the natural
environment;
- This site is not brownfield land;
- The proposal will not maintain the
existing settlement pattern;
- The size and number of dwellings
will cause harm by
overshadowing and loss of
privacy;
- The development will have a
detrimental impact upon the
Ruabon Conservation Area;
General
- The site is outside settlement
limits;
- The proposal will result in the
irreversible loss of agricultural
land;
- The development will result in the
loss of trees and shrubs and
associated habitat;
- The village cannot accept any
more residential development as
the schools and doctors surgery
are full. Infrastructure that is
promised does not appear to
happen as with sites such as
Brymbo and developers move on
without meeting their
commitments;
- The automated methods used by
the developer to invite in
representations of support via
their own website should not be
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
-
-
-
-
-
-
-
-
-
-
-
given significant weight over
those representations objecting to
the development. This method is
unethical;
The housing is far too close to the
highway;
The site is a haven for wildlife
with red listed lap-wing noted in
2013;
Pollution will occur from cars and
lorries to the site and air quality
will reach urban levels;
If passed, the proposal will result
in a prolonged period of
construction nuisance;
There should be no further
connections permitted to the
mains sewer which runs through
the neighbouring land to the east
as there are problems with the
capacity of the sewer network;
Stated jobs to be generated by
the development are likely to be
short term and could easily be
transferred to a brownfield site;
The light and airy offices are not
needed as there is an abundance
on the Wrexham Ind. Est. and
Gutter Hill in Rhos;
The influx of a large number of
residents will have a large impact
upon village life;
There are frequent losses of
power in Ruabon and the
substation is at capacity;
There are drainage capacity
issues in the vicinity which have
not been identified. The problem
should be identified prior to
developments being approved;
the proposal will result in the loss
of Green Barrier;
Marketing the properties as being
in close proximity to Chester
would have an adverse impact
upon the Welsh culture of the
area;
The site is within close proximity
to the River Dee SAC and its
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
-
-
-
ecological interests should be
preserved;
The field is not ‘redundant’ as
explained by the developer at a
consultation event as it is used for
agricultural purposes;
Ground stability and the
possibility of sink holes should be
taken into account;
Why is there a need for another
hotel in the village when there are
an existing two?
Objection received by Nexus Planning on behalf of Air Products.
The grounds of the objection are summarised below.
- The proposal development is in conflict with the strategic policies contained
in the UDP and the national planning policy agenda to ensure that
development does not impact upon the character of the countryside as the
parcel of land separating the site is Green Barrier. The aim of the Green
Barrier is prevent coalescence of urban areas and villages with other
settlements. The Green Barrier would lose its main function and purpose
and the villages of Ruabon and Acrefair/Cefn Mawr would merge;
- The proposed development will have an impact upon local services within
the urban village of Ruabon, with residents using the proposed foodstore
as opposed to the local shops and services that exist in Ruabon having a
detrimental impact upon vitality and viability;
- The delivery of the Ruabon site may have significant impact upon the
delivery of the former Air Products site which has the benefit of outline
planning permission for a mixed use development. The Air Products site
meets the strategic aims and policies within the UDP and the government’s
objectives to re-use brownfiled land. Whilst commercial delivery is not a
material planning consideration, it becomes so if the site cannot be
delivered. The Air Products land is a brownfield, in settlement site and
within the Council’s land supply and its non-delivery would have a negative
impact upon a regeneration opportunity.
SPECIAL CONSIDERATIONS
Background: This site was allocated for employment purposes and shown
within the settlement limit of Ruabon within the Wrexham Maelor Local Plan
Forward to 2001 (approved in 1996). Outline planning permission was
granted in 1995 for Business Park B1 Use (High Technology manufacturing,
research and development and Prestige Offices). However, in the Wrexham
Unitary Development Plan (UDP), the site is no longer shown as an allocation
and is now outside a settlement limit. Although there had been a significant
policy change, the then existing planning permission was acknowledged in
Appendix II of the UDP as land with planning permission as at 1 April 2001 –
the plan’s base date.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Following various applications to vary the timescales for the submission of the
reserved matters between 1997 and 2005, an application for the approval of
reserved matters was subsequently submitted in 2003 (P/2003/1484) and
approved in June 2005. Although this was an approval of the matters
reserved by the outline planning permission, a condition was imposed that
development be commenced within 5 years of the date of the approval of
those reserved matters. Development commenced on site by the provision of
a hard standing associated with the access. Whilst the Council challenged
this action by the refusal of a Lawful Development Certificate, a subsequent
appeal found in favour of the developer as it was considered that the reserved
matters application procedurally reflected a full application for planning
permission effectively, conditioning a commencement within 5 years.
The site therefore has an extant planning permission by virtue of this
commencement and appeal finding for the erection of a high quality business
park consisting of 18 plots of two and three storey buildings, internal road
layout and parking provision. For the benefit of members the approved layout
plan is shown below.
Extant planning permission approved layout
Policy: The development of the site as now proposed is contrary to local
planning policies as identified earlier in this report. The site lies in the open
countryside and the current UDP directs all new development for housing,
employment and community services to within the defined settlement limits
(Policy PS1). Whilst the site is bounded to the north and west by Green
Barrier and Special Landscape Area to the south, the site itself does not fall
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
within any of these designations. The site has a detailed planning history and
more importantly an extant planning permission for high quality B1 business
development which must be taken as a significant material consideration in
this instance.
For ease and clarity I have separated each element of the proposal and
discussed the policy implications accordingly.
Residential
The proposal includes for a residential element with an indicative threshold of
up to 319 dwellings. The illustrative masterplan shows an intention to site
these dwellings predominantly to the eastern half of the site wrapping around
the southern and south western boundary. The proposals do not accord with
any of the circumstances set out in policy H5 that permit small scale
residential development on sites outside of settlement limits.
Ordinarily I would recommend that a planning application be refused for
proposals that represent such a clear and (given the number of dwellings
proposed) significant departure from UDP policies. However the Council is
only required to determine planning applications in accordance with an
adopted development plan unless material considerations indicate
otherwise. Applications should also be considered in relation to up to date
policies.
Planning Policy Wales (paragraph 9.2.3) requires local planning authorities to
ensure that sufficient land is genuinely available or will become available to
provide a 5 year supply of land for housing.
Members will be aware that the most recently published Joint Housing Land
Availability Study (JHLAS) (2014) found that Wrexham has a housing land
supply of 3.1 years. Dwellings proposed on sites allocated for housing in the
UDP and/or already benefitting from planning permission have already been
taken into account by the most recent JHLAS.
The recently updated Technical Advice Note (TAN) 1: Joint Housing Land
Availability Studies (2015) advises that the results of the JHLAS should be
treated as a material consideration in determining planning applications for
housing. However, it further states that where local planning authorities do
not have an adopted Local Development Plan (LDP) or where their UDP is out
of date, they will not be able to produce a JHLAS and they will have no 5 year
housing land supply.
Where the JHLAS shows a land supply below the 5 year requirement, TAN1
(paragraph 6.2) advises that the need to increase supply should be given
considerable weight when dealing with planning applications, provided that
the development would otherwise comply with national planning policies.
Planning Policy Wales includes a presumption in favour of sustainable
development.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
The proposals conflict with a number of UDP policies. However, as already
discussed above, the lack of a 5 year land supply is a significant material
consideration in favour of the site being developed. Furthermore the
development of the site would broadly accord with the presumption in favour
of sustainable development set out in Planning Policy Wales. For sites to
contribute towards the 5 year housing land supply, sites must be free, or
readily freed, from planning, physical and ownership constraints, and
economically feasible for development. The site is relatively level thus making
it a comparatively straightforward site to develop. The entire site is within the
ownership of the applicant therefore I am unaware of any ownership issues
that would prevent the site from being developed. An independent
assessment of the submitted financial viability of the scheme was
commissioned by the Council. The initial conclusions of this assessment
indicated that there were no reasons to believe that the development is
unviable.
As noted above Planning Policy Wales includes a presumption in favour of
sustainable development. The site is located adjacent to the Ruabon
settlement to the north and Acrefair/Cefn Mawr settlement to the west. Whilst
I appreciate that the site is separated from these settlements by a thin strip of
Green Barrier, the site itself is not within this designation and the strip referred
to consists of the existing road (A539). Nevertheless, the Green Barrier has
been designated in this position and requires some consideration in the
context of this scheme.
There must be exceptional circumstances to justify the release of Green
Barrier land for development. The pressing need for additional housing land
is, in my opinion, one valid reason for giving favourably consideration to the
release of appropriate sites for residential development.
As noted above Planning Policy Wales includes a presumption in favour of
sustainable development. The site is in a broadly sustainable location on the
edge of the existing settlement. The site is passed by regular bus services
including routes between Wrexham, Ruabon, Cefn Mawr and Llangollen. The
proposal also includes for the possibility within the travel plan to explore the
opportunity to divert existing bus routes through the site. Additionally, the site
is also within 0.5km/10 min walk of Ruabon railway station which serves as a
principal railway station on the Chester to Shrewsbury line. Ruabon district
centre is within 1km of the site and both the railway station and the district
centre are passed by existing bus services.
It should be noted that the site was excluded from the Green Barrier in the
existing UDP due to an extant outline planning permission in place at the time
of its adoption. This, coupled with the current extant planning permission on
the site, further strengthens the argument that the development of the site
would satisfy the presumption in favour of sustainable development and would
present a suitable site for residential development
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Retail
The proposal includes for the erection of a class A1 food store with an
indicative gross floor area of up to 2,312m2 and a net sales area of 1,421m2.
The applicant has stated that an interest has been expressed by Lidl to erect
a food store in this location. As stated above, the erection of a food store in
this location would be contrary to current local planning policy as it would
result in development for commercial purposes outside an existing settlement
limit (policy PS1). As part of the submission, the applicant has provided a
policy statement and a Retail Assessment in order to justify a retail need and
an economic development argument for the inclusion of a retail unit within the
development. Given the scale and location of the proposed development
outside Wrexham Town Centre or an existing District Centre, I consider that
the appropriate local planning policy is S4 which deals with large-scale retail
development.
Policy S4 directs new large scale retail development to within the Shopping
Area of Wrexham Town Centre or to within one of the District Shopping
Centres. Large scale developments outside of these areas will only be
supported where there is an identified need, where it can be demonstrated
that there are no suitable sites available and where a sequential test to site
selection has been applied. The sequential test should examine the potential
to meet an identified need in sites on the edge of the town centre or a district
centre. Only where no such sites are available will out of centre sites be
considered.
Out of centre sites should:
a) use vacant, underused or derelict, or buildings suitable for conversion;
and
b) be accessible by a choice of transport and does not give rise to serious
traffic congestion or road safety problems on local highways that
cannot be addressed.
Planning Policy Wales (PPW) also directs large retail developments to town
centres. The need for any retail developments outside existing centres must
be established and a sequential test applied to site selection (town centre as
first preference followed by edge of centre and finally out of centre).
Developers are required to demonstrate that the potential for a development
to be accommodated within a town centre or edge of centre sites have been
fully assessed before out of centre sites are required.
PPW further advises developers to be flexible and innovative in the format of
new development in order to maximise the opportunity for developments in
existing centres. Rather than propose large scale retail developments with
large car parks which can only be accommodated at single site out of
centre/out of town locations, developers are expected to demonstrate why
they could not develop elements of the large scheme on a site or a number of
sites in more central locations with less car parking.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
With regards to the location of developments and transport, PPW explains
that it is the Welsh Government’s objective to reduce the need to travel,
especially by private car by locating development where it has good access by
public transport, walking and cycling. The Welsh Government supports the
use of a transport hierarchy where by development should, in the first
instance, be located where they are accessible by foot and cycle, then by
public transport and finally by private motor vehicles.
In terms of need, the application has been considered against the most recent
evidence base which is the Wrexham Retail Assessment (PBA, 2014)
commissioned to feed into the LDP process. It identifies a County Borough
need for around 4000m2 floorspace rising to around 7500m2 during the
anticipated future LDP period. Locally within the catchment area in which the
application sits only around 34% of the money that is available within the
catchment is spent within the catchment, leaving 66% leaking to higher order
centres, mainly Wrexham. Consequently there is a county wide and local
‘need’.
However, there is an extant outline planning permission at the former Griflex
site in Johnstown (P/2012/0210) for a retail use which must be taken into
account as a material planning consideration. If delivered this would take up a
significant proportion of the identified need. The exact quantity of the need
that could be met by the Griflex development is subject to debate on detailed
technical matters such as sales density, occupier and catchment area etc.
The impact of the Griflex site and the application site accommodating a ‘big 4’
operator (Tesco, Sainsbury’s, ASDA, Morrisons etc) at the same time has not
been assessed, but this scenario is unlikely to occur in the current market as
the catchment zone is not big enough to retain expenditure given proximity to
a higher order town nearby (Wrexham).
Nevertheless, based on the findings of the evidence before me it is
considered that there would still be a residual need which could be met by a
retailer in the limited assortment discounter (LAD) category due to such a
store’s limited offer and possible share of this expenditure. A LAD is generally
defined as a store smaller than the average sized supermarket that offers a
limited range of products. They will have a minimal offer of perishable goods
such as meat or fresh produce. Prices are generally lower than most food
stores and are dominated by Private Label (non-branded) products. The
applicant has prepared and submitted a draft planning obligation proposing
that the occupation and operation of the retail unit be restricted in perpetuity to
a LAD retailer to address this finding. I am satisfied that this requirement
would meet the relevant tests set out in the regulations relating to planning
obligations.
Upon consideration of a quantitative need for the proposal, the applicant must
also demonstrate that there are no other suitable sites - in this instance within
the district centre or within settlement. I am not aware of any sequentially
more preferable sites that could accommodate a development of this scale to
serve the primary catchment area of Ruabon and whilst an argument may be
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
made that previously developed land should be considered in preference, the
extant planning permission on this site is a material issue in favour of this
location as a suitable site.
In accepting a quantitative need for a store and having accepted the
applicant’s sequential search for alternative sites closer to the district centre,
the impacts of the development upon those centres requires consideration.
Only stores in Wrexham Town Centre and the district centres are afforded
protection by planning policy. The impact of the development on other retail
offers such as the proposed store at the Griflex site and other stores such as
the Tesco store in Cefn Mawr are not a material consideration. The Council’s
County Retail Study identifies that the Tesco in Cefn Mawr, as with other main
convenience destinations which draw expenditure from the catchment are not
located in areas afforded policy protection. The applicant argues that the
study also demonstrates that existing centres within the Ruabon catchment
appear to be serving top-up based shopping needs. The current proposal
seeks to meet main food shopping needs like that of the recently approved
Griflex scheme. This reaffirms an established principle in retail planning that
like-affects-like i.e. that the existing convenience provision within the defined
centres will continue to serve local day to day needs and will not be impacted
by a larger food store as proposed. Further, the restriction of the store to a
LAD which does not seek to provide individual items such as tobacco,
confectionary or services such as post office, pharmacy, butchers or a deli
would result in an comfort that there is limited overlap or competition from the
proposal and existing convenience/top-up provision in the district centres.
The qualitative impacts of the proposed retail offer also require consideration.
There are currently no discount retailers in the catchment offering lower prices
against larger mainstream ‘big 4’ brands. The retail offer also forms part of a
wider mixed-use development against which it is considered to offer
significant economic benefits. The policy implications of economic
development are discussed later in this report, but those benefits require
significant weight afforded to them in determining whether the impact is
acceptable. The site is also sustainably located as part of this mixed use
development on the edge of settlement.
Commercial
The application is presented with a proposed provision of up to 20,393m2 of
B1 (light industrial), A3 (pub/restaurant), C1 (hotel) and C2 (Extra Care
Residential) class employment use with an indicative position in the north
west of the site. Whilst the proposal would not accord with the current UDP
policy which restricts the location of new employment and visitor
accommodation facilities (policies E4 and CLF4), the site has an extant
planning permission for 50,000m2 of high quality B1. This is a significant
material consideration in determining the acceptability of the current proposal.
The current evidence base is the Wrexham Employment Sites Study (2007),
which suggests that whilst the site is not constrained in development terms,
the site is unattractive to the market due to its location to the south of
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Wrexham. Other locations such as Wrexham and Llay Industrial Estates and
Wrexham Technology Park are deemed to be better placed to serve the
market given the proximity to Chester and the North West. The site is no
longer included in any land allocation, but the site is included in the overall
employment land supply for the County Borough.
The more detailed assessment submitted with the application states that there
is little market support for retaining the use of the site as per the extant
planning permission and the retention of a reduced employment provision on
the site would be attractive to small and medium sized enterprises and start
up businesses in the locality rather than a more prestige office
accommodation offer seeking occupation from organisations further afield.
The applicant surmises that the extant permission could also not be delivered
in its current form without cross subsidy from higher value uses such as retail
and residential.
In order to present a fully flexible scheme that can react to changes in market
demand, the scheme includes for the provision of Extra Care residential (C2
use) and a hotel/public house. These uses are considered to be
complementary to the entire Masterplan for the site and reference is made to
the Council’s Destination Management Plan (2012-2017) in relation to the
hotel and public house. Again, whilst such a use would be contrary to the
strategic location policies within the UDP, the site is positioned adjacent to a
strategic route towards some of North Wales’ key tourist destinations and
more importantly is within 3 miles of and on approach to the Pontcysyllte
Aqueduct & Canal World Heritage Site (WHS), a key driver in the Council’s
economic development and tourism strategy for the County Borough.
Chapter 7 of PPW and TAN23 – Planning for Economic Development
represent more up to date planning policy and guidance than those policies in
the adopted out of date UDP. Whilst the economic use of the site for large
scale prestigious B1 uses may not be appropriate in market terms, the
proposal to allow for a reduced element of B1 with complementary hotel and
public house use would broadly comply with the aims of PPW and TAN23
which requires local planning authorities to recognise the needs of the whole
economy. Local planning authorities are required to recognise market
signals and have regard to the need to guide economic development to
the most appropriate locations, rather than prevent or discourage such
development. TAN23 further recognises that some proposed developments
or sites may be resisted by planning authorities – for example because they
would have unacceptable environmental impacts, divert demand from town
centres or would go against agreed spatial strategies. I consider that in this
instance, the extant planning permission, the recognised potential benefits of
job creation and the economic development of the locality in this strategically
sustainable location represent significant material considerations that
outweigh a policy objection on the grounds of location of development.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Other detailed considerations:
Highways
The application seeks outline planning permission for the development as
described save for the three points of access into the site from the A539 and
B5605 for which approval is sought at this stage.
The application was accompanied by a detailed Transport Assessment which
has been considered by both WCBC Highways and the Welsh Government
Trunk Road Agency (WG) (due to proximity to A483(T)). Given the nature of
the scheme and their previous involvement in determining the impacts of the
2008 planning application, WCBC and WG employed consultants (Atkins) to
undertake a full evaluation of the assessment. The conclusions of the
response can be found earlier in this report.
The traffic generation from the proposed development has been compared to
that of the extant proposed development forming the extant planning
permission, including computer modelling of the local highway network and
impact upon the capacity of existing junctions. Traffic generation throughout
the day will clearly increase when compared to the consented development
however it is considered that there is adequate capacity on the existing
network to cater for the increase in anticipated movements. Due to the
proximity of the site to the A483(T) WG have thoroughly checked the traffic
generation figures and have raised no objection to the proposed development
on the grounds of impact upon the trunk road. Therefore no direction has
been made in relation to the application.
The applicants have discussed the scheme with the local travel plan
coordinator. The implementation of an appropriately formulated scheme can
be conditioned as part of any approval which will include such measures as
the diversion of public transport through the site to promote sustainable
transport options.
It is therefore considered that the proposal is unlikely to represent a
detrimental impact upon the existing highway network. Traffic generation will
be less onerous at peak hours and whilst traffic generation is likely to increase
during off peak hours, roads would remain within their design capacity.
Scale, Design and Layout
Discussions have been held between the developer and the Council on
various occasions in the initial stages of the scheme formulation and following
a process of masterplanning. The application is accompanied by a detailed
Design and Access Statement which fully outlines the rationale behind the
finalised masterplan responding to the site constraints and input following a
public consultation exercise.
Whilst it is important to note that this proposal is made in outline, with matters
relating to layout, scale and appearance reserved for approval at a later stage,
the Council can broadly rely upon the contents of the illustrative masterplan
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
and supporting documentation in determining the anticipated impact of the
development. The extant planning permission (as detailed earlier) allows for
the erection of 18 two and three storey modern office block buildings casually
spread around the site surrounded by a network of primary and feeder roads
and large areas of hardstanding to accommodate car parking. The indicative
layout of the proposed development seeks to adopt the primary and feeder
road network around the site creating a loop between the proposed accesses.
The layout also creates blocks of development areas allowing for the use of
strong landscaped features and connections to assimilate the zoning of uses.
Landscaped connections including pathways and open space/play areas
feature within the layout around the existing central pond and between
residential blocks. Landscaping also reduces the density of the built
development around the southern boundary lessening the punctuation with
the wider open aspect which would ultimately reduce the need for harsh
boundary treatments.
I acknowledge concerns raised regarding the positioning of the site south of
the A539 in relation to the remainder of Ruabon. Whilst the presence of the
road may be considered to be a barrier to pedestrians at present, the centre of
Ruabon is not prohibitively far from the development site and well within
walking distance. The applicant has acknowledged the need to provide safe
pedestrian access to the centre of Ruabon and this has been acknowledged
through an undertaking to provide a pedestrian light controlled crossing as
well as a significant reduction in the speed limit. I consider that this will
ultimately change the character of the road and remove this perception. I am
satisfied that the layout of the proposal, with the potential to provide for
attractive walking and cycling routes will result in a high quality, accessible
and sustainable development.
Landscape and Visual Impact
The site is currently characterised by low lying agricultural land, the western
half of which forms part of the non-statutorily designated Cadw Register of
Parks and Gardens relating to Wynnstay Estate. A small section of Offa’s
Dyke also crosses the extreme south western corner of the site. Cadw have
provided a response to the applicant’s masterplan and its associated
Landscape and Visual Impact Appraisal (LVIA) to which they conclude that
the proposed development will ‘…completely alter the rural, agricultural nature
of the land in the west of the registered landscape which provides a rural
backdrop to the parkland immediately around Wynnstay Hall’. Cadw further
advise that further assessment of the visual impact of the development is
required to ascertain impact.
The submitted LVIA concludes that the site will be visible from the upper floors
of Wynnstay Hall. The site is also visible from points along the higher ridge of
the parkland adjacent to Bathground Wood. I draw member’s attention to the
design of the extant planning permission on the site and the nature of its
design, with its sporadic layout, and expanse of car parking which will also
significantly change the character of the landscape. The priority is to manage
the impact of the development of the site upon the landscape. The design of
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
the proposed scheme represents a far superior proposal. Although denser in
its layout, the scale of the buildings together with pockets of open space and
structural tree planting is likely to result in softer views towards the edge of the
site. The lower height than previously approved commercial buildings towards
the far fringe of the site when viewed from the Wynnstay Estate is also
considered to be of benefit to the development of the site. Softer landscaping
and strategic mitigation planting around the larger commercial and retail
buildings is also considered to reduce the urbanising impact of the
development when viewed from a northern direction into the site from the
A539. These detailed matters will be considered as part of any future
reserved matters application.
The site features a bank of trees across the north western boundary of the site
which are the subject of a Tree Preservation Order, a small amount of which
will be required to be removed to allow the provision of the new access point.
The applicant has presented a Pre-Development Arboricultural Report in
support of the proposal which identifies the trees in good condition with good
future prospects as well as presenting a good opportunity to screen elements
of the development and provide for enhanced biodiversity. Given that the
scheme also includes for large areas of tree planting as part of the
landscaping it is considered that the illustrative layout is sympathetic to the
existing trees on the site. Suitable conditions can be imposed to protect
existing trees on the site that are not required to be removed as part of the
development.
The south western corner of the site is traversed by a small section of Offa’s
Dyke which is a scheduled ancient monument (SAM). There are other SAMs
in the vicinity, namely the Wynnstay Colliery Engine Winding House and the
associated Fan House both to the west of the site. The LVIA infers that the
section of Offa’s Dyke concerned would go unnoticed to the uninitiated, but its
great historical significance is such that it requires significant protection from
development. The scheme proposes that a 20m buffer zone be implemented.
Cadw acknowledge this but conclude that the development, because of
buildings, roads, noise and lighting in contrast to the existing rural setting, will
have a negative effect.
The impact upon this section of the Offa’s Dyke SAM has been considered at
various stages over the planning history of the site. The extant scheme
includes for a buffer zone in its layout, with a large ‘L’ shaped building
adjacent to the edge of the buffer. Based on the contents of the masterplan, I
am confident that the potential impact of this development, given the softer
landscaping and inclusion of open space around the most southern fringe of
the site is likely to result in a reduced impact upon the Dyke. Any concerns
regarding the interpretation of the historic asset as part of the development
can be controlled by a planning condition. A condition would also be required
to ensure that no development, to include buildings, earthworks or enclosures
be carried out within the 20 metre buffer zone to protect the setting of the
SAM.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Ecology
The development is not proposed on or adjacent to any sites which are
afforded statutory protection or are protected locally for their habitat quality.
The site has been the subject of a full ecological survey to the satisfaction of
the Council’s Ecologist and NRW. It is accepted that there are will be no
detrimental impact upon the favourable conservation status of great crested
newts on the site.
Concerns were raised by the Council’s Ecologist regarding the impact of the
development on ground nesting birds previously recorded on the site. As
such, the developer has provided an undertaking to provide ecological habitat
creation off site on land within the control of the applicant. It is considered
that this provision and long term management will represent suitable
enhancements to mitigate the impacts of the development. This management
and long term monitoring can be strictly controlled by way of conditions and a
section 106 agreement.
Drainage
An initial objection by Welsh Water to the development on the grounds of
hydraulic overloading of the foul sewerage system has now been removed
following investigations to identify a pinch point in the system that has caused
problems within the vicinity. A condition has been recommended that no part
of the development be occupied until March 2017 to allow for Welsh Water to
implement its capital investment programme to rectify the identified problem.
This is believed to be a conservative assessment of timescales therefore I
consider that this condition is justifiable and will allow the development to
occur without causing harm to existing residents.
The site is located within a Zone A flood risk area as defined in TAN 15 –
Development and Flood Risk, being an area that is not at risk of river flooding.
However, NRW have objected to the scheme on the grounds that there is
evidence of surface water flooding on the site and the proposal has the
potential to increase surface water flooding at developments offsite due to the
increase of impermeable surfacing. The objection is also made as the
applicant has provided no ground condition survey or layout design to
demonstrate that the use of sustainable urban drainage systems (SUDS) can
successfully be implemented as part of the development.
Again, members are asked to bear in mind the layout and nature of the extant
scheme, predominantly the scale of the hard surfacing of the road network,
car parking and potential roof runoff from the large commercial buildings. The
proposed development features large swathes of open landscape areas,
which, like the extant scheme can accommodate areas of SUDS. The impact
of the development has previously been accepted and the fact that that
development can occur on this site is a material consideration. I therefore do
not consider that additional investigations can be justified in this instance.
Nevertheless, conditions will be required to ensure that a comprehensive
scheme of drainage be submitted and approved as part of any approval.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Other considerations:
In accordance with policy GDP2, the development is required to make
provision for infrastructure and community facilities. The applicant originally
proposed to gift land to the local authority for the provision of a primary
school. Discussions with the Council’s Education and Lifelong learning
department concluded that this offer would not fit strategically with the
Council’s plan for education infrastructure. Secondly, justification was not
provided to determine whether the value of the land would outweigh an
eventual cost to the council for providing the infrastructure. To this end, the
applicant amended the Masterplan to delete this provision and committed to a
contribution towards a shortfall in primary and secondary education provision.
A figure of £1,501,608 has been generated based on the indication number of
residential units and in accordance with the formula set out in LPG27. The
applicant has acknowledged this and has been reflected in the
recommendation.
The applicant has also acknowledged and committed to the provision of 25%
affordable housing as required by policy H7 and LPG28. Again this will be
reflected in the recommendation.
Public Protection have requested that an air quality assessment be carried out
and approved prior to commencement of development in order to determine
the impact upon sensitive receptors around the site. Such a request would
not be deemed acceptable and is a matter that should be considered predetermination. However, attention is drawn to the fact that this request was
not imposed upon the extant planning permission. Whilst the nature of this
development is different, I consider that the impact of the development upon
those properties on Cil Y Coed will be less than the extant permission due to
the difference in the distribution of traffic movements through the day. The
Masterplan also shows that there is limited intention to construct residential
units in close proximity to the boundary of the A539 and there is a significant
distance between the site and the A483(T).
CONCLUSION
In accordance with planning legislation and Para. 3.1.2 of Planning Policy
Wales, the Council is required to determine the application in accordance with
the adopted development plan unless there are material considerations which
indicate otherwise. I have given careful consideration to the information
submitted in support of the application and the significance of material
considerations that have arisen.
Whilst it is acknowledged that the development of the site does not accord
with strategic policies relating to the location of the proposal, the principle of
development on the site has been established and secured in perpetuity. The
proposal presents the opportunity to deliver without, significant known
difficulty, a high quality development, which would provide and contribute to
much needed housing and affordable housing requirements in a broadly
sustainable location. The scheme, through the provision of a reduced
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
employment provision and a retail offer would deliver significant economic
benefits to the locality through jobs and future expenditure. As such I am
satisfied that these material considerations outweigh the strategic location
requirements of the UDP and otherwise satisfies policies PS2 and GDP1. I
therefore recommend accordingly.
RECOMMENDATION A
If Members are minded to approve the scheme, due to the nature and scale of
the development it must be referred to the Welsh Ministers under the terms of
the Town and Country Planning (Notification) (Wales) Direction 2012. If the
application is referred back to the Authority for determination, the Head of
Community Wellbeing and Development be given delegated authority to
determine the application in accordance with Recommendation B.
RECOMMENDATION B
That the Council enters into an Obligation under Section 106 of the Town and
Country Planning Act 1990 to secure:
a) Financial contribution towards education provision.
b) Financial contribution towards the funding of Travel Plan monitoring by the
Regional Travel Plan Coordinator over a 5 year period.
c) The provision of affordable housing in accordance with LPG 28
d) The management and maintenance of on-site public open space
e) Implementation of a scheme of ecological mitigation measures for land
adjoining the site (as identified in the application documents), including details
to confirm its long term management for that purpose.
f) Control over the occupation of the retail offer to a ‘deep discounter’ (LAD)
operation.
The Head of Community Wellbeing and Development be given delegated
authority to approve the final form and content of the obligation.
RECOMMENDATION C
Upon completion of the Planning Obligation that permission be GRANTED
subject to the following conditions:
CONDITION(S)
1.
Approval of the following details (hereinafter called ""the Reserved
Matters"") in each phase shall be obtained from the local planning authority
before any part of the development in that phase is commenced:
i) The reserved matters
a) The siting of all buildings, including the proposed layout and functions of
the external spaces, including the layout of vehicle parking and turning
facilities.
b) The scale of the buildings
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
c) The design and external appearance of all buildings
d) The landscaping of the site including a landscaping design showing the
planting proposed to be undertaken, the means of forming enclosures, the
materials to be used for paved and hard surfaces, the design of street
furniture and the finished levels in relation to existing levels.
2.
Approval of the following details in each phase shall be obtained from
the local planning authority before any part of the development in that phase
is commenced:
e) The layout of the development including the positions and widths of roads,
cycleways and footpaths
d) The finished levels (above ordnance datum) of both the ground floor of the
buildings and the surrounding ground levels;
e) The manner and treatment of existing watercourses and drainage
ditches/channels;
f) The provision to be made for street lighting;
g)the provision to be made for external lighting of the
retail/commercial/employment uses;
h)The alignment, height and materials of walls and fences and other means of
enclosure including any acoustic barriers;
i) An accurate plan showing the position, type and spread of all existing trees
on the site and a schedule detailing the size and physical condition of each
tree and, where appropriate, the steps to be taken to bring the tree(s) to be
retained to a satisfactory condition, and also details of any proposals for the
felling, lopping , topping or uprooting of any tree;
j) The provision of emergency service access to each phase of the
development;
k) Measures for the long term protection of scheduled ancient monument
De177 known as Offa's Dyke including the opportunities for management,
access, interpretation or presentation of the monument to provide public
benefit.
h) The provision of a scheme of interpretation relating to the scheduled
ancient monument De177 known as Offa's Dyke.
3.
The first reserved matters application shall include a plan showing the
site and location of all subsequent phases of development ('the Phasing
Plan'). All subsequent reserved matters applications shall be submitted in
accordance with the approved phasing plan unless otherwise agreed in writing
by the local planning authority.
4.
Plans and particulars of the first reserved matters referred to in
conditions 1 and 2 shall be submitted in writing to the local planning authority
before the expiry of 5 years from the date of this permission. The
development shall only be carried out in strict conformity with such details as
are thereby approved.
5.
The development hereby permitted shall be begun before the expiry of
7 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.
6.
The submission of all reserved matters and the implementation of the
development shall be carried out in substantial accordance with the amended
Masterplan Dwg No 2500-OP-20 revB (December 2013) and the design
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
principles set out in Part 2 of the Design and Access Statement (December
2013), unless otherwise agreed in writing with the local planning authority.
7.
Prior to the commencement of development in each of the areas as
identified in the Phasing Plan details of all external facing and roofing
materials shall be submitted to an approved in writing by the local planning
authority. The development shall only be carried out strictly in accordance
with those materials as may be approved.
8.
The site layout and landscaping details for each of the areas approved
as part of the Phasing Plan shall include areas of public open space at a
minimum level of 80 square metres per dwelling together with a scheme that
includes the following details:
i) Hard and soft landscaping of the open space area(s) (including the location
of Local Equipped Areas of Play);
ii) The timing of the construction and landscaping of the open space area(s);
Public open space shall be provided on site in accordance with the scheme as
approved and thereafter permanently retained.
9.
The gross retail floorspace of the discount foodstore hereby permitted
shall not exceed 2,312 square metres and shall not be used for any other
purpose including those set out in class A1 of the Schedule for the Town and
Country Planning (Use Classes) Order 1987 or any Order revoking, amending
or re-enacting that order with or without modification.
10.
The retail floorspace hereby permitted shall be occupied as a single
retail unit only and shall not be subdivided.
11.
This permission shall provide for a maximum of 319 dwellings and up
to a maximum of 20,393m2 gross of Class A3, Class B1, Class C1 and Class
C2 use.
12.
Prior to the commencement of the relevant phase of the development,
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 urban
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 shall be submitted in writing 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 timescale for implementation, management and maintenance
plan for the lifetime of the development which shall include the arrangements
for adoption by any public authority or statutory undertaker and any other
arrangements to secure the operation of the scheme throughout its lifetime.
13.
Prior to the construction of the petrol filling station hereby approved,
details of the fuel storage tanks, including their specification and finished
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
depth in relation to the ground water table, shall been submitted to and
approved in writing by the Local Planning Authority. The development shall
be carried out strictly in accordance with the details as may be approved.
14.
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.
15.
No buildings on the site shall be brought into beneficial use earlier than
31st March 2017, unless the upgrading of the sewerage network, into which
the development shall drain, has been completed and written confirmation of
this has been issued by the local planning authority.
16.
The proposed development site is crossed by public sewers. No part
of any buildings shall be constructed within 6 metres either side of the
centreline of the public sewer.
17.
Prior to first use of the development suitable grease traps shall be
provided in order to prevent entry into the public sewerage system of matter
(cooking fats, oils and grease etc) likely to interfere with the free flow of the
sewer contents, or which would prejudicially affect the treatment and disposal
of such contents.
18.
Prior to commencement of development in each phase of the
development, a detailed Arboricultural Method Statement shall be submitted
to and approved in writing by the Local Planning Authority. No development
or other operations shall take place except in strict accordance with Method
Statement as is approved. The Method Statement shall include the following:
i) A specification for tree protection fencing and ground protection measures
that comply with British Standard 5837:2012;
ii) A Tree Protection Plan showing the location of the trees to be removed and
retained with their crown spreads, Root Protection Areas, Construction
Exclusion Zones, and location of protective fencing and ground protection
measures accurately plotted;
iii) A full specification for any access, driveway, path, underground services or
wall foundations within retained tree Root Protection Areas or Construction
Exclusion Zone , including any related sections and method for avoiding
damage to retained trees;
iv) Details of general arboricultural matters including proposed practices with
regards to cement mixing, material storage and fires;
v) Details of the frequency of supervisory visits and procedures for notifying
the findings of such visits to the Local Planning Authority;
vi) Method for protecting retained trees during demolition works;
vii) Details of all proposed tree works, including felling and pruning.
19.
No development (nor any site clearance) within each of the areas
identified in the Phasing Plan shall take place until a Method of Construction
Statement has been submitted for that phase, and approved by the local
planning authority, to include details:
i) construction traffic routes in the local area;
ii) parking for vehicles of site personnel, operatives and visitors;
iii) loading and unloading of plant and materials;
iv) storage of plant and materials:
v) programme of works (including measures for traffic management and
operating hours);
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
vi) measures to reduce mud and spoil on the highway;
vii) details of proposed means of dust suppression and noise mitigation
Only the approved details shall be implemented during the construction
period.
20.
The rating level of any noise generated by reason of this development
shall not exceed the pre-existing background level by more than 5dB(A) at
any time. The noise levels shall be determined at nearby noise sensitive
premises, and measurements and assessment shall be made in accordance
with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed
Residential and Industrial areas.
21.
All mechanical plant and equipment shall be enclosed in sound
insulating material, mounted and located to minimise the transmission of
structure borne sound in accordance with a scheme to be submitted to and
approved in writing by the Local Planning Authority before the retail uses
hereby permitted is open for trading and prior to occupation of the commercial
employment uses hereby permitted and thereafter maintained as such.
22.
Prior to the commencement of development (to include any site
clearance) a farmland bird management plan shall be submitted to an
approved in writing by the local planning authority to include detail of offsite
habitat creation including its size, location, implementation, timescales for
provision, management and monitoring regime (including timescales). The
scheme shall be implemented strictly in accordance with the details as may be
approved.
23.
Prior to commencement of the relevant phase of the development
hereby permitted details of the 10m wide landscape buffer proposed to be
provided along the southern and part eastern boundaries of the application
site as shown on the amended Masterplan dwg No 2500-OP-20 revB
(December 2013) and a programmed for its implementation, have been
submitted to and approved in writing by the Local Planning Authority. Unless
otherwise agreed in writing by the Local Planning Authority, the development
hereby permitted shall not progress other than in accordance with the
approved implementation programme. At all times thereafter, all such
boundary treatment shall be retained in a wholly sound and effective condition
for a period of 5 years.
24.
No development shall occur, to include the alteration of any land levels
or the erection of any enclosures within a 20 metre buffer zone of the
scheduled ancient monument De177 known as Offa's Dyke.
25.
Prior to commencement of development a detailed scheme fully
specifying an appropriate 3 arm roundabout at the junction of the B5605 Park
Road and a 5 arm roundabout at the junction of the B5605 and the A539 in
the locations as shown on the approved plan numbered 12082-010 Rev B
shall be submitted to and approved in writing by the local planning authority.
The approved scheme shall be implemented in accordance with the approved
Phasing Plan.
26.
No part of the development shall commence until a detailed scheme
fully specifying the provision of the following has been submitted and
approved in writing by the local planning authority:
i) Speed limit amendments to the A539 dual carriageway;
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
ii) Signal controlled crossing pedestrian crossing across the A539 dual
carriageway (as shown on approved plan 12082-010 Rev B);
iii) A priority junction for the foodstore service access (as shown on approved
plan 12082-010 Rev B);
iv) A footway linking the junction of Cil y Coed and the B5605 to the signal
controlled pedestrian crossing (as identified in ii); and
v) A scheme of signage and pedestrian barriers to prevent access along the
A539 in a easterly direction.
The approved scheme shall be fully implemented prior to the first use of the
development or otherwise in accordance with the details of the approved
Phasing Plan.
27.
Prior to the commencement of development of each phase of the
development, the detailed layout, lighting, design and drainage details of the
internal estate roads shall be submitted to and approved in writing by the local
planning authority. The internal estate roads shall thereafter be constructed in
accordance with the approved details and in accordance with the approved
Phasing Plan.
28.
Prior to the occupation of each phase of the development, a Travel
Plan for that phase shall be submitted to and approved in writing by the local
planning authority. The plan shall consider the requirements of the Active
Travel bill and public transport infrastructure provision across the site. The
plan shall also include the details of an annual monitoring report, which shall
be submitted to the local planning authority for written approval following the
anniversary of the first use of the development, and every year up to and
including the fifth anniversary.
29.
Prior to commencement of development of each of each of the areas
as shown within the Phasing Plan, further details of the proposed vehicular
parking and turning facilities for that phase shall be submitted to and approved
in writing by the Local Planning Authority. The facilities as are approved shall
be fully laid out, surfaced and drained prior to first use of the development
phase within that phase, and shall thereafter be permanently retained and
kept free of any obstruction, and made available solely for the parking and
turning of vehicles at all times.
30.
Prior to commencement of development in each phase of the
development a scheme for the provision of affordable housing as of the
development shall be submitted to and approved in writing by the Local
Planning Authority. The affordable housing shall be provided in accordance
with the approved scheme and shall meet the definition of affordable housing
in Annex B of Welsh Government Technical Advice Note 2 or any future
guidance that replaces it. The scheme shall include:
i) The numbers, type, tenure and location of the site of the affordable housing
provision to be made which shall consists of not less than 25% of housing
units:
ii) The timing of the construction of the affordable housing and its phasing in
relation to the occupancy of the market housing;
iii) The arrangements for the transfer of the affordable housing to an
affordable housing provider or the management of the affordable housing if no
Registered Social Landlord is involved;
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
iv) The arrangements to ensure that such provision is affordable for both first
and subsequent occupiers of the affordable housing; and
v) The occupancy criteria to be used for determining the identity of occupiers
of the affordable housing and the means by which such occupancy criteria
shall be enforced.
31.
Prior to the commencement of development in each phase of the
development as may be approved, provision shall be made to offset the
shortfall in education facilities in accordance with a scheme to be agreed in
writing by the local planning authority. The provision shall be implemented
strictly in accordance with those details as may be approved.
REASON(S)
1.
To comply with Section 92 of the Town and Country Planning Act,
1990.
2.
To comply with Section 92 of the Town and Country Planning Act,
1990.
3.
In the interests of a co-ordinated approach to the development of the
site.
4.
To comply with Section 92 of the Town and Country Planning Act,
1990.
5.
To comply with Section 92 of the Town and Country Planning Act,
1990.
6.
To define the permission and ensure compliance with the aims of the
Polices PS2 and GDP1 of the Wrexham Unitary Development Plan.
7.
In the interests of good design and in accordance with policy GDP1 of
the Wrexham Unitary Development Plan.
8.
In the interests of the amenity of the future occupiers of the site.
9.
To ensure that the development does not harm the viability of Ruabon
District Centre and to satisfy policy S4 of the Wrexham Unitary Development
Plan.
10.
To ensure that the development does not harm the viability of Ruabon
District Centre and to satisfy policy S4 of the Wrexham Unitary Development
Plan.
11.
In the interests of highway safety and to ensure that a high standard of
design is achieved for the site.
12.
To ensure satisfactory drainage of the site and to avoid flooding.
13.
To ensure that the integrity of the ground water table is maintained in
the interests of pollution control and public safety.
14.
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.
15.
To ensure proper drainage of the site and in the interests of the public.
16.
To ensure that existing public infrastructure is protected.
17.
To prevent pollution of the water environment.
19.
In the interest of highway safety and in the interests of protecting the
amenity of local residents.
20.
In the interest of the amenity of the neighbouring occupiers.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
21.
To protect the amenities of the occupiers of nearby properties.
22.
In order to protect wildlife interests, which are afforded special
protection.
23.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
24.
To protect the integrity of known archaeological features in accordance
with policy EC9 of Wrexham Unitary Development Plan.
25.
In the interests of highway safety.
26.
In the interests of highway safety and in the interests of ensuring safe
and convenient pedestrian access to the site.
27.
In the interests of highway safety.
28.
In the interests of highway safety and providing a safe and sustainable
development.
30.
To ensure that the development accords with policy H7 of the
Wrexham Unitary Development Plan.
31.
To ensure that the development makes appropriate infrastructure
provision in the interests of the community and in accordance with policy
GDP2 of the Wrexham Unitary Development Plan.
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 this grant of planning permission was made following the
completion of an Agreement under Section 106 of the Town and Country
Planning Act. Before undertaking any work under this permission you are
advised to obtain full details of the Agreement and ensure that you are able to
comply with its terms.
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
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 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.
The separate written consent of the Local Highway Authority must be obtained
before any work is carried out within the confines of the highway.
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.
Should any made ground and/or contaminated land be identified during the
works it would be prudent to investigate the potential for such contamination
and inform the Council's Contaminated Land Officer immediately. The
applicant is advised to contact the Council's Environmental Protection section
on 01978 315733 for further guidance.
RECOMMENDATION D
That if the Obligation pursuant to Section 106 of the Town and Country
Planning Act 1990 is not completed within six months of the date of the
Committee resolution the Head of Community Wellbeing and Development be
given delegated authority to REFUSE the application for the following
reasons:1. The development would not make provision for the required
infrastructure/community facilities to offset the impact of the development.
The proposal as such would be contrary to UDP policies GDP2, CLF4 and H7.
2. The development would not make adequate provision for the potential
impacts of the development upon biodiversity through the implementation and
maintenance of long term habitat improvements.
3. The development would not make a justification for the provision of an
unrestricted retail offer and would have an adverse impact upon the viability
and vitality of local district centres and the town centre. This would not accord
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
with national and local planning policy and guidance regarding retail
developments.
4. The development would not make suitable provision for
That delegated authority be given to the Head of Community Wellbeing and
Development to determine the final form and content of the reasons for
refusal.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2014 /0427
COMMUNITY:
Esclusham
WARD:
Esclusham
LOCATION:
6 FAIRVIEW RHOSTYLLEN
WREXHAM
LL14 4HX
DESCRIPTION:
REMOVAL OF EXISTING
CONSERVATORY AND ERECTION
OF REPLACEMENT TWO-STOREY
EXTENSION COMPRISING GROUND
FLOOR PLAYROOM AND FIRST
FLOOR BEDROOM AND ERECTION
OF PORCH TO SIDE
DATE RECEIVED:
09/06/2014
CASE OFFICER:
KH
AGENT NAME:
MR ROBERT HANNABY
APPLICANT(S) NAME:
MR ROBERT HANNABY
______________________________________________________________
THE SITE
Site – Hatching denotes extensions
Detached dwelling located off the eastern side of a cul-de-sac.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
PROPOSAL
As above. The 2 storey extension incorporates a sloping roof.
HISTORY
P/2011/0289
Prune, thin out Oak Tree. Granted 02.06.2011
DEVELOPMENT PLAN
Within settlement. GDP1 of the UDP refers.
CONSULTATIONS
Community Council:
Local Member:
Neighbour:
Site Notice:
Consulted 16.06.14
Notified 16.06.14
Concerned that the proposal will impact upon
aspect from kitchen and bedroom window
compared to existing conservatory at the same
location, and it involve a loss of light.
Consideration should be given to reducing the
length of the extension to 3.9m, compared to 4.2m
as proposed.
Expired 22.07.2014
SPECIAL CONSIDERATIONS
Design: Proposal involves the erection of a two-storey extension to the rear
elevation and a porch to the side (NW) elevation. Works are sympathetic to
the existing property and materials will match existing.
Amenity: The adjoining neighbour has expressed concern that the twostorey extension will compromise aspect and potentially light to a kitchen
window and bedroom. The scheme complies with the adopted BRE
guidelines and the extension will not have any significant loss of light to
neighbour windows, and will only project approximately 2m along the
boundary in front of their kitchen and bedroom windows.
CONCLUSION
I am satisfied that the design of the extensions is acceptable and the twostorey extension will not have any significant impact on nearby residential
amenity.
RECOMMENDATION: That permission be GRANTED
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
CONDITION(S)
1.
The development hereby permitted shall be commenced 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.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no windows or other
openings shall be inserted in any elevation of the extension facing south east.
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 protect the amenities of the occupiers of nearby properties.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2014 /0556
COMMUNITY:
Cefn
WARD:
Cefn
LOCATION:
LAND AT BRO GWILYM CEFN
MAWR WREXHAM
LL14 3NU
DESCRIPTION:
RESIDENTIAL DEVELOPMENT (12
DWELLINGS) 8 X 2 BEDROOM SEMIDETACHED HOUSES AND 4 X 1
BEDROOM FLATS (ONE BLOCK)
AND ANCILLARY WORKS.
DATE RECEIVED:
29/07/2014
CASE OFFICER:
JS
AGENT NAME:
LOVELOCK MITCHELL
ARCHITECTS
MR N MADDOCKS
APPLICANT(S) NAME:
WALES & WEST HOUSING
______________________________________________________________
P/2014/0556
THE SITE
The site is located on north east side of Bro Gwilym. The site is elevated in
relation to Bro Gwilym road by about 2m. The existing houses opposite the
site in Bro Gwilym are located about 1m below the road level, and Hill Street
properties are higher than the site.
Bro Gwilym
Application Site
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
PROPOSAL
As above.
Several amended plans have been submitted, and these have altered the
layout of the site.
HISTORY
Various applications for residential development have been granted planning
permission.
Most recent
P/2010/0236
Outline application for residential development.
Granted 28.8.10
DEVELOPMENT PLAN
Within the settlement limits. UDP policies PS1, PS2, PS3, PS4, GDP1,
GDP2, H2, EC4, EC6, and T8 apply.
CONSULTATIONS
Community Council:
Local Member(s):
Supports application
Cllr Wright – No comments.
Cllr Taylor – Notified 4.8.14
Welsh Water:
Consulted 4.8.14
Natural Resources Wales: Ecologist advice should be sought to consider the
potential for bats roosts, and standard advice
applies
HSE:
Does not advise against
Flood:
Area susceptible to groundwater flooding. SUDs
required and further information is required. Water
sensitive design should be chosen.
Highways:
Consulted 4.8.14, and on-going comments
received regarding design alterations to the
scheme. No objections are raised in principle.
Press Notice:
Expired 5.9.14
Site Notice:
Expired 5.9.14
Other Representations:
13 neighbours notified, and one letter received
raising the following concerns:
• Position of dwellings in relation to Bethel is too
close. They face directly at a family home and
are within a few metres of living room and
outside patio area.
• Established trees at boundary will be removed,
which currently give privacy and protection to
adjacent property. The development will
intrude into daily life.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
•
Earlier suggested development proposals for
the site (P/2010/0236) raised less amenity
concerns
4 neighbours re-notified 11.3.15 in respect of final
amended plans because these are most affected
by the alterations. At time of writing report
comments received from same objector as before,
and raises the following concerns:
• The position of the block of flats will infringe
privacy and amenity of family home due to
closeness to the boundary. The window
position is worse, and french doors will look
directly onto the living and sleeping rooms.
• The bin area is extremely close to the
boundary, and near to family garden and patio
area. Concerns that smell with the ventilation
of hit and miss fencing will become a problem
due to volume of rubbish from 4 flats, and
attraction of vermin.
• The layout should be changed to reduce the
number of living room windows overlooking
property.
• Own property (Bethel) has large bi-folding
doors and substantial French doors upstairs
and there are views from those glass doors.
SPECIAL CONSIDERATIONS
Policy: The site is within the settlement limits and the principle of
redeveloping the site for residential has been established by previous
permissions.
Details/Visual and amenity impacts: The latest amended plans provide a
better layout for the site. It will have an acceptable position in relation to
existing residential properties located on Hill Street, and it increases amenity
separation between developments by moving the position of new properties
further away from the objector’s house (Bethel). The layout within this part of
the site has been significantly altered, and floor levels have now been
confirmed, and accordingly ground floor levels of the nearest new property
near to the objectors house will be lower (by as much as 2m) at shared
boundary that separates the site from this property. As a result, the amenity
impacts in relation to this area will be acceptable but some degree of
overlooking cannot be totally ruled out. Landscaping details and precise
boundary treatments still need to be finalised as part details to be submitted
by planning condition, and therefore privacy measures can be controlled. It is
also not possible to protect existing views for the objector, but the lower site
levels should ensure that the scale of the new building is acceptable.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
It should be noted that the layout of the scheme does not provide any frontage
development with Bro Gwilym road, and although this type of design feature
would normally be seen as a positive feature, in this instance that design
approach would require the removal a traditional sandstone wall along this
road. Under the circumstances of this particular site, I believe that it is more
beneficial for this boundary feature to be retained and although this will result
in rear garden areas facing the existing road, it is proposed to off-set potential
adverse visual impacts by locating the new privacy fencing for the new houses
by setting back its position from the road edge of the wall. In between the wall
and the fence, there is room for some planting to help integrate the fence. I
believe that this will be a useful compromise, and planning conditions can
adequately control those landscaping measures.
The amended submission has also confirmed that the new houses adjacent to
Bro Gwilym will be about 3m higher than the existing properties opposite. At
the worst case scenario the amenity separation between opposing elevations
will be 24m. Although this is greater than 22m as indicated in adopted
guidance (LPG note 21) for level ground situations, the guidance recommends
that this distance should be increased to 28m because of the height
difference. In relation to the site, I do not believe that this full separation
distance is required in this instance because of the proposed landscape
measures to for rear boundary of the new properties backing onto Bro
Gwilym. Also it is possible for the planning decision to remove scope for
those dwellings to enjoy their normal ‘permitted development’ rights, which
immediately authorises 4m deep single storey rear extensions, or other
ancillary structures within the garden area.
Public Open Space: The site contains two small areas of POS and their
combined size provides about a third of the area as required by Policy CLF5.
Based upon the scale of the development, I do not believe that it is essential
for this whole provision to be provided on site as endorsed by LPG note 10
because the site is located nearby to other POS areas, but a financial
contribution to help enhance nearby areas in lieu of the site provision should
be a requirement as part of the decision as the occupants of the new
dwellings would benefit from those enhancements.
The on-site areas are design to be informal areas of POS, and maintenance
of those areas would be the responsibility of the developer as they would not
be adopted by the Council. Details to verify suitable management
arrangements for those shared areas needs to be secured as part of a
planning condition.
School contributions: It has been confirmed that there is a requirement for
funding in accordance with Local Planning Guidance Note no. 27. A legal
obligation is required to secure this, and it has been confirmed that there is a
requirement for both primary and secondary schools.
Other matters: All other matters concerning the development are acceptable
at this stage, but some further detailing concerning the alignment of the new
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
estate road is still required, and this can be made a conditional requirement of
the decision. This road will be subject to formal adoption, and separate
highways agreement will also be required and this will influence some of the
final design details.
CONCLUSION
The proposal is within the settlement limits and on the basis of the amended
plans, the proposed housing development is acceptable for the location.
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and
Country Planning Act 1990 with the developer(s) to secure:
i) The scheme of funding off-site public open space enhancements of
£7000 to be used within the local area.
ii) An education contribution of £35520 for primary and secondary school
provision.
RECOMMENDATION B
Upon completion of the Planning Obligation that permission be GRANTED
subject to the following conditions: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 1165:102 Rev J, 201
Rev A, 202 Rev A, 205 Rev A, 206 Rev A and as contained within the
application documentation, or as subject to further approval by planning
conditions.
3.
No part of the development shall commence 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 part of the development shall commence until a detailed
Arboricultural Method Statement has been submitted to and approved in
writing by the Local Planning Authority. No development or other operations
shall take place except in strict accordance with the Method Statement as is
approved. The Method Statement shall include the following:
1) A specification for tree protection fencing and ground protection measures
that comply with British Standard 5837:2012;
2) A Tree Protection Plan showing the location of the trees to be removed and
retained with their crown spreads, Root Protection Areas, Construction
Exclusion Zones, and location of protective fencing and ground protection
measures accurately plotted;
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
3) A full specification for any access, driveway, path, underground services or
wall foundations within retained tree Root Protection Areas or Construction
Exclusion Zone, including any related sections and method for avoiding
damage to retained trees;
4) Details of general arboricultural matters including proposed practices with
regards to cement mixing, material storage and fires;
5) Details of the frequency of supervisory visits and procedures for notifying
the findings of such visits to the Local Planning Authority;
6) Method for protecting retained trees during demolition works;
7) Details of all proposed tree works, including felling and pruning.
5.
The following activities should not be carried out under any
circumstances:
1) No fires should be lit within 10 metres of the nearest point of the canopy of
any retained tree.
2) No works, including earth works and the bringing onto site of machinery or
materials shall proceed until the approved tree protection measures are put in
place, with the exception of the approved tree works.
3) No equipment, signage, fencing, tree protection barriers, materials,
components, vehicles or structures shall be attached to or supported by a
retained tree.
4) No mixing of cement or use of other materials or substances shall take
place within tree root protection areas or tree construction exclusion zones, or
close enough to these that seepage or displacement of those materials or
substances could cause them to enter tree root protection areas or tree
construction exclusion zones.
5) No alterations or variations to the approved works or tree protection
schemes shall be carried out without the prior written approval of the Local
Planning Authority.
6.
No part of the development shall commence until full details of both
hard and soft landscape works, including details of any retaining walls and
privacy fencing and other fencing/walls, has been submitted to and approved
in writing by the Local Planning Authority. The plan shall include a timescale
for the implementation of works, and shall provide for ecological improvement
/ habitat creation and enhancement within the soft landscape areas for the
benefit of biodiversity conservation specifically tailored to the landscape
features.
7.
The landscaping scheme submitted and approved in connection with
condition no. 6 shall be fully implemented in all respects within the agreed
timescale and in strict accordance with the approved scheme.
8.
The landscaping scheme as carried out in connection with condition no.
07 shall be retained for a minimum of 10 years. Within this timescale, any
planting becoming 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 with trees or shrubs and within
a timescale all to be submitted to and approved in writing by the Local
Planning Authority.
9.
There shall be no clearance of vegetation on site between the months
of March to August inclusively in any calendar year.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
10.
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.
11.
No part of the development shall be occupied until a Verification Report
which demonstrates that the remedial works approved as part of condition no.
10 above have been satisfactorily carried out, has been submitted to and
approved in writing by the Local Planning Authority.
12.
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.
13.
No part of the development shall commence until an appropriate Dust
Management Scheme has been submitted to and approved in writing by the
Local Planning Authority. The dust mitigation measures as are approved shall
be fully implemented for the entire duration of the construction phase.
14.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no extensions or additions to
the dwellings as approved shall be erected under Class(es) A of Schedule 2
Part 1.
15.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no buildings (to include
garages, sheds, greenhouses, outbuildings etc) other than those shown on
the approved site layout plan drawing no. 1165:102 Rev J shall be erected, or
placed on the rear garden areas of plots 1-6 as shown on the approved plans
under Class E of Schedule 2 Part 1 other than the sheds as shown on the
approved plans.
16.
No land drainage run-off or surface water shall be permitted to
discharge or connect to the public sewerage system, either directly or
indirectly, and foul and surface water shall be drained separately from the site.
17.
No part of the development shall commence until a scheme detailing
the construction of the following has been submitted to and approved in
writing by the Local Planning Authority:
1) Detailed layout, design, drainage and construction of the proposed new
footway / carriageway,
The scheme as is approved shall be fully implemented prior to first use of the
development.
18.
The vehicular parking and turning areas as shown on approved
drawing(s) No(s). 1165102 Ref J shall be fully laid out, surfaced and drained
prior to first use of the development. These areas shall thereafter be
permanently retained and kept free of any obstruction, and made available
solely for the parking and turning of motor vehicles at all times.
19.
The site shall be developed in accordance with the ground and / or
floor levels indicated on the approved plans. No changes to floor levels or
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
external ground levels shall be made without the prior written approval of the
Local Planning Authority.
20.
No part of the 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 urban 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 shall be submitted in writing 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 timescale for implementation, management and maintenance
plan for the lifetime of the development which shall include the arrangements
for adoption by any public authority or statutory undertaker and any other
arrangements to secure the operation of the scheme throughout its lifetime.
21.
No part of the development shall be occupied until the sustainable
drainage scheme for the site has been completed in accordance with
condition no. 20. The sustainable drainage scheme shall be managed and
maintained thereafter in strict accordance with the agreed management and
maintenance plan.
22.
Before any dwellings are first occupied, details for the management
and maintenance of on-site public open space areas shall be submitted to and
approved in writing to confirm how those areas will be maintained in
perpetuity.
23.
Prior to first use of the development hereby approved the vehicular
access shall provide visibility splays of 2.4 metres x 33 metres in both
directions measured to the nearside edge of the adjoining highway. Within
these splays there shall be no obstruction above the level of the adjoining
carriageway. The splays shall thereafter be permanently retained clear of any
such obstruction to visibility.
24.
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.
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.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
4.
To ensure the work is carried out to accepted arboricultural practices
for the long term wellbeing of the tree(s).
5.
To ensure that hard surfacing does not cause harm to retained trees in
the interests of visual amenity.
6.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
7.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
8.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
9.
In order to protect wildlife interests, which are afforded special
protection.
10.
In the interests of the amenities of the future occupants of the buildings
11.
In the interests of the amenities of the future occupants of the buildings
12.
To protect the amenities of the occupiers of nearby properties.
13.
To protect the amenities of the occupiers of nearby properties.
14.
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.
15.
Due to the restricted rear plot dimensions of plots 1-6 in relation to an
adjacent retaining wall and residential property, it is considered important to
control future development within this area so as not jeopardise the provision
and retention of landscaping measures along the south west edge of the site
adjacent to Bro Gwilym.
16.
To protect the integrity of the public sewerage system and prevent
hydraulic overloading of the public sewerage system. To protect the health
and safety of existing residents and to ensure no detriment to the
environment.
17.
In the interests of highway safety.
18.
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.
19.
To ensure that the development fully complies with the appropriate
policies and standards.
20.
To ensure satisfactory drainage of the site and to avoid flooding.
21.
To ensure satisfactory drainage of the site and to avoid flooding.
22.
To ensure that the open space areas within the development are
adequately maintained as part of the housing development in the interests of
the amenities of the area.
23.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
24.
In the interests of highway safety.
NOTE(S) TO APPLICANT
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
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
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.
In connection with condition 9 above, you are advised that the site includes a
significant amount of shrub and vegetation stands and these are suitable for
bird nesting. Any clearance of this vegetation should avoid bird nesting
season.
You should check carefully that the levels agreed as part of this permission
are complied with. Any divergence from these levels is likely to invalidate your
permission and could result in enforcement action which could require
demolition of the building(s).
Further advice on compliance with condition no. 10 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.
The applicant is advised that compliance with condition no. 12 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.
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.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Applicants are advised that compliance with condition no. 13 does not provide
an exemption from the statutory nuisance provisions of the Environmental
Protection Act 1990. Under the Act dust from any type of activity can be
judged to be causing a statutory nuisance to neighbouring properties. A legal
notice can be served requiring that the 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.
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 this grant of planning permission was made following the
completion of an Agreement under Section 106 of the Town and Country
Planning Act. Before undertaking any work under this permission you are
advised to obtain full details of the Agreement and ensure that you are able to
comply with its terms.
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
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
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
0345 762 6848. Further information is available on The Coal Authority
website at:www.gov.uk/government/organisations/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"".
This 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 Highway Authority on telephone no. 01978 729690 for
further guidance.
The applicant is advised that submission of a copy of the relevant section 38
adoption agreement, between the applicant and the Highway Authority, to the
Local Planning Authority will allow the above condition no(s). 17 to be formally
discharged in writing.
RECOMMENDATION C
That if the Obligation pursuant to Section 106 of the Town and Country
Planning Act 1990 is not completed within six months of the date of the
Committee resolution, the Head of Community Wellbeing and Development
be given delegated authority to refuse the application for the following
reasons:1.
The development will not make nor provide any contribution towards
educational facilities within the area, and therefore conflicts with policy
GDP2 of the Wrexham Unitary Development Plan and adopted Local
Planning Guidance Note No. 27: Developer Contributions to Schools.
2.
The development makes inadequate provision for the enhancement of
off-site public open space area(s) and as such the development does not
accord with policies GDP1 and CLF5 of the Wrexham Unitary
Development Plan
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2014 /0934
LOCATION:
7 FFORDD ESTYN WREXHAM
LL11 2SS
DATE RECEIVED:
16/12/2014
COMMUNITY:
Rhosddu
DESCRIPTION:
TWO-STOREY REAR EXTENSION
CASE OFFICER:
KH
APPLICANT(S) NAME:
MR MIKE LEWIS
WARD:
AGENT NAME:
Garden Village
MR MIKE LEWIS
______________________________________________________________
THE SITE
Site – hatching denotes position of
extension
Semi-detached property off the eastern side of Ffordd Estyn, Garden Village.
PROPOSAL
As above.
HISTORY
None.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
DEVELOPMENT PLAN
Within settlement limit. Policy GDP1 of the UDP refers.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Neighbours:
Consulted 23.12.14
Notified 23.12.14
No objections, conditions required.
Concern from nearby resident who does not want
to lose the hedge between properties as the hedge
will soften the impact of the development so close
to the boundary.
SPECIAL CONSIDERATIONS
Proposal: The proposal involves a two-storey rear extension and a single
storey rear extension is part. The existing rear gable projection on the
property will be extended by 4.0m, and the remaining area (adjacent to No 5
Ffordd Estyn) will have a part 2 storey extension (3m deep) and a single
storey extension – to extend a further 3m (6m overall).
Design: The extensions are sympathetic to the existing building and will not
compromise the character of the area. Whilst the rear extension to the gable
projection will be more prominent, views of this are generally limited given the
orientation of neighbouring property.
Amenity: Whilst the scale of the extension is quite extensive, I do not
consider there will be any significant impact on the properties most directly
affected, that is, 5 and 9 Ffordd Estyn.
Whilst there are windows at No 9 Ffordd Estyn within their side elevation
facing the extension, the windows are not habitable rooms, with the exception
of one small window which is a secondary source of light to the room affected.
As a result I am satisfied that the scheme will not compromise amenity for
occupants at 9 Ffordd Estyn.
The development adjacent to No 5 is a combination of 3m deep two-storey
extension and 3m single-storey running along the boundary between the two
properties. Applying the BRE guidelines I would not anticipate any significant
loss of light to the neighbour’s habitable rooms. The neighbour, however, is
anxious to ensure that an existing hedge is retained along this boundary to
help soften the impact of the extension and discussions are on-going to
achieve the retention of the hedge.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
CONCLUSION
I am satisfied that the scheme is generally acceptable but I am discussing
means of ensuring the hedge is not fully compromised which would adversely
affect nearby residential amenity. I will report any alterations to the scheme
on the addendum prior to Committee.
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.
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.
4.
No part of the development shall commence until further details of the
proposed vehicular parking facilities have been submitted to and approved in
writing by the Local Planning Authority. The facilities as are approved shall be
fully laid out, surfaced and drained prior to first use of the development, and
shall thereafter be permanently retained and kept free of any obstruction, and
made available solely for the parking of motor vehicles at all times.
5.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no windows or other
openings shall be inserted in any elevation of the extension facing north and
south.
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.
In the interests of highway safety.
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.
To protect the amenities of the occupiers of nearby properties.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2015 /0027
COMMUNITY:
Maelor South
WARD:
Overton
LOCATION:
LAND SOUTH OF LANE END
PENLEY WREXHAM
LL13 0LN
DESCRIPTION:
OUTLINE APPLICATION FOR
ERECTION OF 3 X 4 BED HOUSES
WITH SOME MATTERS RESERVED
FOR FURTHER APPROVAL E.G.
APPEARANCE, LANDSCAPING AND
SCALE
DATE RECEIVED:
15/01/2015
CASE OFFICER:
KH
AGENT NAME:
GREENSPACE
ARCHITECTS
MR KEVIN SLACK
APPLICANT(S) NAME:
MR PAUL EDGE
______________________________________________________________
THE SITE
The land, just under 0.29 ha lies to the rear of properties on Ellesmere Lane
and is accessed from a narrow private lane off the mini-roundabout on the
A539 through Penley.
SITE
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
PROPOSAL
Outline application for 3 no 4 bedroom detached properties with detached
garages. Access and layout are included for approval within this application.
HISTORY (Most relevant)
P/2014/392 Outline application for the erection of 7 dwellings (4 detached, 1
detached bungalow and 2 semi-detached houses).Access and
layout not reserved.
Refused .1.12.2014 for highway and landscape reasons (loss of
trees and hedgerow). The access to the was not deemed
suitable for the amount of additional traffic.
Development is currently the subject of an Appeal.
P/2006/1223 Certificate of lawfulness of proposal use or development – extant
permission for 2 small cottages.
DEVELOPMENT PLAN
Dwellings are within the settlement for Penley and whilst the gardens are
outside the settlements they are contained within an existing boundary hedge
line. Policies PS1, PS2, PS3, GDP1 and EC4 refer of the UDP refer.
CONSULTATIONS
Community Council:
Local Member(s):
Highways:
Consulted 26.01.2015
Notified 26.1.2015
The proposed development is located off Lane
End, which is an unadopted lane. The access links
to the A539 via a mini-roundabout. Lane End is
narrow and unable to accommodate simultaneous
passage of 2 no vehicles and given the layout of
existing dwellings on Lane End it would not be
feasible to provide an acceptable road width.
Under normal circumstances highways would not
support additional development. However in this
particular instance an extant permission 2
dwellings and potential conversion of an existing
semi-derelict dwelling on the site. Providing a
turning head is provided, there is no objection to
the proposal.
Public Protection:
Condition required, construction hours
Welsh Water:
Condition required
Natural Resources Wales: No objections subject to conditions
Neighbours:
One objection received, raising issues about the
following:
• Land drainage issues will result. The area is
within an area with a high water table especially
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Site Notice:
in winter months and lacks no natural drainage
system. Despite this development being
reduced to 3 dwellings the development will
include driveways, yards/patios and roof areas,
and this will create issues of flash flooding.
The fragile nature of the drainage system is
evident, and is really concerned that the
development will cause drainage issues.
• The height of Standpipe Cottage must not be
exceeded.
• Access to the site is single road, and its
unsuitable to serve the development.
Commercial vehicles / domestic fuel tankers
would need to make deliveries and this would
add to congestion.
• The proposal represents back land
development
Expired
SPECIAL CONSIDERATIONS
Background: A previous application was submitted for 7 dwellings and
refused at Planning Committee on the 1st December 2014 on the grounds of
the substandard of Lane End and the inability to provide simultaneous access
and egress with the subsequent vehicular and pedestrian danger and the
unacceptable loss of trees and hedgerow. The application is subject to an
appeal.
Amenity: Siting is included in the application for appeal, though the
appearance and scale is reserved for further approval. The siting of the 3
properties is provided and ensures acceptable separation distances can be
achieved.
Highways: The proposed development site is located off Lane End which is a
narrow, unadopted lane. Access onto the A539 (classified road) is via a miniroundabout. This section of the A539 is subject to traffic calming and I would
estimate typical vehicle speeds at being around 25 mph. Based on typical
speeds of 25 mph, visibility at the junction onto the A539 is considered
adequate.
I would estimate typical vehicle speeds on Lane End to be around 10 – 15
mph. The straight section of Lane End fronting the first no 4 dwellings is
approximately 60 metres in length varying between 3.9 meters at its northern
end and 2.9 metres at its southern end and is unable to accommodate the
simultaneous of 2 no vehicles. I would normally recommend that a road
serving this number of dwellings has a minimum carriage width of 4.8 metres.
However, given the layout of existing properties either side of Lane End, it
would not appear feasible to provide an access road constructed to adoptable
standards or even provide a carriageway width of 4.8 metres along this
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
section. I would therefore normally be unable to support any additional
residential development served of this unadopted lane.
Lane End already serves 4 no existing properties however there is an extant
permission for 2 dwellings and the opportunity to convert an existing building.
The adjoining Maelor School also accesses onto the northern end of Lane
End. There is also a pedestrian crossing point at this location just around the
bend of Lane End which provides access to and from the school. Given the
restricted carriageway of Lane End it is likely that any conflict of vehicles as a
result of cars attempting to pass each other on this bend is likely to result in
vehicles reversing back across the pedestrian aces point. This crossing point
is used by pedestrians wishing to access the bus stop and by children being
picked up by parents in the existing layby. The existing access arrangements
serving Lane End are considered to be sub-standard.
Lane End does not currently have a turning head which I assume causes an
issue for any larger delivery vehicle and refuse wagons accessing the site.
The proposed turning head would be considered a significant improvement in
highway terms compared with the existing access arrangements.
On the basis of provision of a turning head and the extant permission of 2
dwellings and conversion of an existing building I would therefore have no
objections to the proposed development.
Ecology: The application is accompanied by an Ecological Scoping Report,
Great Crested Newt Pond scoping exercise and Reasonable Avoidance
Measures Methods Statement and a daytime inspection and assessment in
relation to Bats. The reports adequately deal with Great Crested Newts and
the proposed Method Statement is acceptable with appropriate habitat
compensation. The daytime inspection and assessment in relation to Bats has
been carried out to an acceptable standard and the report states that no
evidence of bats was found and the building on the site is not considered to
offer suitable roosting opportunities for bats.
If the measures proposed are adhered to the development as proposed is not
likely to have an adverse effect on the wildlife interests listed above. The
Councils Ecologist and NRW raises no objections to the proposals.
Trees: The reduction in the number of properties on the site has enabled a
greater retention of existing trees and hedgerow. This can be supplemented
by additional planting to improve site boundaries and within the development
site.
CONCLUSION
Based upon the reduced scale of the development, I am satisfied that the
scheme is now acceptable. Adequate separation distances will ensure privacy
between existing and proposed dwellings, wildlife issues are fully addressed
and the scheme now proposes to retain greater levels of existing vegetation.
On the basis of the extant permission for 2 dwellings and the possible
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
conversion of an existing building on the site and provision of a turning head I
have no objections to the application.
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 scale of the building(s)
b. the appearance of the building(s)
c. 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 approved.
3.
The development hereby approved shall be commenced before the
expiry of five years from the date of this permission or before the expiry of two
years from the date of approval of the last of the reserved matters required to
be approved, whichever is the later.
4.
Prior to their use on the development samples of all external facing and
roofing materials shall be submitted to and approved in writing by the Local
Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
5.
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.
6.
Prior to first use of the development the site shall be laid out in strict
accordance with layout plan(s) No. 13-21 A101 Rev D dated 08.01.2015.
7.
The development shall be carried out in strict accordance with the
Method Statement contained in the approved report titled - Great Crested
Newt Pond and Scoping Exercise and Reasonable Avoidance Measures
Method Statement dated May 2014 and carried out by Marches Ecology.
8.
No equipment, machinery, plant or materials of any kind in connection
with the development shall be brought onto the site until tree protection
fencing and ground protection measures have been implemented in strict
accordance with details which have been submitted to and approved in writing
by the Local Planning Authority. The details should include specification and
location for the fencing. 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.
9.
The tree protection fencing and ground protection measures approved
in connection with condition no. 08 shall be kept in place until all external site
works have been completed and the removal of the fencing has been
approved in writing by the Local Planning Authority.
10.
No part of the development shall commence until a detailed
Arboricultural Method Statement has been submitted to and approved in
writing by the Local Planning Authority. No development or other operations
shall take place except in strict accordance with the Method Statement as is
approved. The Method Statement shall include the following:
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
1) A specification for tree protection fencing and ground protection measures
that comply with British Standard 5837:2012;
2) A Tree Protection Plan showing the location of the trees to be removed and
retained with their crown spreads, Root Protection Areas, Construction
Exclusion Zones, and location of protective fencing and ground protection
measures accurately plotted;
3) A full specification for any access, driveway, path, underground services or
wall foundations within retained tree Root Protection Areas or Construction
Exclusion Zone, including any related sections and method for avoiding
damage to retained trees;
4) Details of general arboricultural matters including proposed practices with
regards to cement mixing, material storage and fires;
5) Details of the frequency of supervisory visits and procedures for notifying
the findings of such visits to the Local Planning Authority;
6) Method for protecting retained trees during demolition works;
7) Details of all proposed tree works, including felling and pruning.
11.
Within three months of commencement of development, full details of a
hard and soft landscaping scheme together with a timescale for
implementation of works shall be submitted to and approved in writing by the
Local Planning Authority.
12.
The landscaping scheme including the paving and footpath areas
submitted and approved in connection with condition no. 11 shall be fully
implemented in all respects within three months of the first use of the building
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.
13.
The landscaping scheme as carried out in connection with condition no.
12 shall be permanently retained. Any planting becoming 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 with trees or shrubs and within a timescale all to be submitted to and
approved in writing by the Local Planning Authority.
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 an appropriate Dust
Management Scheme has been submitted to and approved in writing by the
Local Planning Authority. The dust mitigation measures as are approved shall
be fully implemented for the entire duration of the construction phase.
16.
Details of all boundary means of enclosure (including internal
separation) shall be submitted to and approved, in writing, within three months
of the commencement of development. Works shall only be carried out strictly
in accordance with the details as approved and to a timescale to be submitted
and approved as part of this condition. Works as approved shall be retained
thereafter unless otherwise approved, in writing, with the Local Planning
Authority.
REASON(S)
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
1.
To comply with the provisions of the Town and Country Planning
(Development Management Procedure) (Wales) Order 2012
2.
To comply with Section 92 of the Town and Country Planning Act,
1990.
3.
To comply with Section 92 of the Town and Country Planning Act,
1990.
4.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
5.
To 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.
6.
In the interests of highway safety.
7.
To protect named species/habitats/biodiversity which would otherwise
be damaged/lost by the development hereby permitted.
8.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
9.
To ensure that the retained trees are adequately protected during
development in the interests of amenity.
10.
To ensure the work is carried out to accepted arboricultural practices
for the long term wellbeing of the tree(s).
11.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
12.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
13.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
14.
To protect the amenities of the occupiers of nearby properties.
15.
To protect the amenities of the occupiers of nearby properties.
16.
In the interests of the general visual amenity of the area and to protect
residential amenity.
NOTE(S) TO APPLICANT
Your attention is drawn to the comments of Natural Resources Wales and
Welsh Water attached to this decision.
With regard to Condition 11 details shall include supplementing gaps in the
existing hedgerow.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2015 /0028
COMMUNITY:
Marchwiel
WARD:
Marchwiel
LOCATION:
MARCHWIEL HALL MARCHWIEL
WREXHAM
LL13 0SS
DESCRIPTION:
CHANGE OF USE OF SOME ROOMS
AT MARCHWIEL HALL TO ALLOW
PUBLIC FUNCTIONS (WEDDINGS),
PROVISION OF MARQUEES AND
USE OF SUMMERHOUSE AS
ANCILLARY BAR
DATE RECEIVED:
16/01/2015
CASE OFFICER:
KH
AGENT NAME:
STRUTT AND PARKER
LLP
MRS JO REDMOND
APPLICANT(S) NAME:
MR LAURENCE WAHLBERG
______________________________________________________________
P/2015/0028
THE SITE
Grade II Listed Building located to the south-west of Marchwiel and the A525
running through the village.
SITE
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
PROPOSAL
Change of use of part of the Hall and grounds for public functions. Internally
the existing ballroom, small dining room and 5 of the bedrooms will be used
for weddings/events/meetings. Externally the existing small summerhouse will
be utilised as a bar in connection with the use of temporary marquees on an
existing menage.
Access to the site will be onto the Marchwiel Hall Road to the South east of
the site.
HISTORY (most relevant)
P/2004/1572:
CB02348
Change of use of part of the Hall and grounds to be used
for public functions. Granted 09/05/2005.
New access. Granted 26/08/1998
DEVELOPMENT PLAN
Marchwiel Hall is a Grade11 Listed Building located within a Special
Landscape Area. Policies PS2, GDP1, EC5 and EC9 apply
CONSULTATIONS
Community Council:
Local Member(s):
Consulted 26/1/2015
Contacted by neighbours regarding noise and the
use of fireworks
Highways:
No objection in principle. Visibility and width of site
access is acceptable as is the visibility of the
A525/Marchwiel Hall Road. The main access road
to the site has significant lengths including passing
places where 2 vehicles can pass each other.
Highways have requested additional information on
the likely modes of transport by guests and staff,
daily traffic generation and the proposed parking
provision.
Public Protection:
No comments.
Welsh Water:
Consulted 26/01/2015
Natural Resources Wales: No comments
Parks, Countryside and
Rights of Way Manager: Consulted 26/01/2015
Ramblers Association:
Consulted 26/01/2015
Site Notice:
Expired :06/03/2015
Press Notice:
Expired: 23/02/2015
Other Representations:
9 neighbours notified, and 6 comments received
raising the following:
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
2 letters of support the application on grounds of :
• Increasing employment opportunities in the
local area
• Support generally for the proposed uses
4 letters of objection on grounds of:
• Potential noise and disturbance from increased
use of local roads
• Access road is single track and additional traffic
will cause congestion
• With previous temporary permissions
neighbours suffered with loud music and
fireworks which disturbed residents, pets and
field animals
• Noise from the marquee
• Road not safe to accommodate increased
levels of traffic and access to the A525 does
not have good visibility
• Conditions on the previous temporary planning
permission were breached
• Loud public address system and amplified
music
• Complaints ignored on previous permission.
SPECIAL CONSIDERATIONS
Policy: No policy objections in principle. The site is located in a Special
Landscape Area. Marchwiel Hall is Grade II listed building.
It is not anticipated that internal or external works will be required to
implement the permission, but any physical works to the Hall would
necessitate the submission of a Listed Building application,
.
Consideration of the impact of the marquee on the Listed Building will need to
be examined and this is considered below.
Amenity: A number of objections have been raised by nearby residential
properties on the grounds that loud music, fireworks and noise from additional
traffic movements will compromise their amenity. They have also raised
concerns that a previous temporary permission in 2005 resulted in
considerable noise from music and fireworks.
I would not anticipate the use of the main hall generating significant levels of
noise to the detriment of neighbours. Restricting the hours of use will also
ensure that the activities are not carried out at unreasonable hours. Outdoor
use of the bar could however cause disturbance but similarly hours of use will
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
be conditioned and a condition will also prevent amplified music. Inclement
weather will also naturally restrict outdoor use.
The marquee does have the potential to cause disturbance and noise with the
closest property 280m away (Bentleys Farm). Restricting the hours of use
and the number of occasions that the marquee can be used will help control
impacts; and likewise measures to prevent public address system and
amplified music (being played or used) within the marquee or any outdoor
area will help provide control, and this can be conditioned. I will also condition
a Marquee Management Plan, which can include a review after 12 months, to
assess the effectiveness of noise control measures.
I am aware of concerns by residents that breaches of the planning conditions
occurred on a previous permission. If breaches are reported then formal
action can be taken. Persistent breaches would be likely to compromise any
future permission.
Visual Impact of Marquee on the Listed Building: The proposal for a
marquee is supported on the basis that it will be a temporary addition within
the landscape. The marquee would be located on an existing menage which
is effectively screened. Marquees will not be on the site permanently and are
replaced for each individual events/weddings.
Highways: Objections have been raised by residents on highway grounds
regarding the junction of the A525 and The Marchwiel Hall Road and the
suitability of the road between the site access and the A525.
Highways are satisfied that the junction onto the A525 is acceptable, whilst
the access road leading to the site access has significant lengths where 2
vehicles can pass each other along those sections or there are passing
places.
The access to the site has visibility in excess of the required splays, can
accommodate simultaneous passage of 2 vehicles and gates set back 10.5 m
into the site.
Whilst some additional information has been requested by Highways, I am
satisfied that a number of vehicular trips will include minibuses and coaches,
and this helps reduce the overall number of vehicle movements. I have also
requested details of parking availability within the site because only limited
detail has been provided. I am however satisfied that sufficient parking will be
available within the site and that comparable numbers of guests for the
previous temporary permission were accommodated within the site.
Conditions will be required to provide adequate parking and to prevent
existing accesses, which have a substandard visibility, are not used for the
functions.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
CONCLUSION
The applicants are seeking to generate additional revenue to ensure the long
term future of an important listed building. I am proposing a two year
temporary permission to enable the Council to fully assess the impact in
association with other site activities. A number of planning conditions are
required to ensure that the uses do not have a significant impact on nearby
residential amenity, and I am satisfied that highway safety will not be
compromised.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The use as permitted shall cease and be abandoned before 31 March
2017.
2.
The number of functions accommodated within the Hall/marquee shall
not exceed four within any calendar month.
3.
Full details of the design, size and precise location of the marquee to
be used for each individual event shall be submitted for the further approval of
the Local Planning Authority. Details as approved shall be strictly adhered to
thereafter.
4.
Full details for parking provision shall be submitted for the further
approval of the Local Planning Authority. The parking as approved shall be
provided prior to the first use hereby approved and retained thereafter for
those purposes.
5.
Only the access annotated for use on the approved drawings shall be
used for the uses hereby approved.
6.
Prior to the commencement of the use hereby approved details of
means to prevent other existing accesses being used in conjunction with the
uses hereby approved shall be submitted for the further approval of the Local
Planning Authority. The details as approved shall be fully implemented prior
to the commencement of the first use and retained thereafter.
7.
The marquees and use of the Hall function room hereby approved shall
only be used for functions between the hours of 0900 and 0030 the following
day.
8.
No public address system shall be used (other than in accordance with
any provision agreed under condition 9) and no amplified music shall be
played in any outdoor area in conjunction with the uses hereby approved and
within the approved marquee.
9.
Prior to the first use of the marquees full details of a Marquee
Management Plan shall be submitted to and approved, in writing, with the
Local Planning Authority. The function use of the Marquees shall be
managed strictly in accordance with the Marquee Management Plan as
approved.
10.
Details of any external lighting shall be submitted to and approved, in
writing, by the Local Planning Authority. Works shall only be carried out
strictly in accordance with the details as approved and retained only for the
duration of the approved uses.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
11.
Details of fencing to be formed around the pond shall be submitted to
and approved, in writing, by the Local Planning Authority. Works shall be
carried out in strict accordance with the details as approved.
REASON(S)
1.
To ensure that the impacts of the development can be fully assessed
before allowing a further time period for the use, in the interests of the
occupiers of nearby properties.
2.
To protect the amenities of the occupiers of nearby properties.
3.
In the interests of nearby residential amenity, the general visual
amenities of the area and the setting of the listed building.
4.
To ensure adequate and sensitively located parking is provided in the
interests of highway safety and to ensure any additional parking does not
compromise the setting of Marchwiel Hall.
5.
To ensure that only an access with adequate visibility is used in the
interests of highway safety.
6.
To ensure that only an access with adequate visibility is used in the
interests of highway safety.
7.
In the interests of nearby residential amenity.
8.
In the interests of nearby residential amenity.
9.
In the interests of nearby residential amenity.
10.
In the interests of nearby residential amenity, general visual amenities
of the area and to ensure they are bat friendly.
11.
In the interests of protecting the setting of the listed building.
NOTE(S) TO APPLICANT
The applicant is advised that the proposed changes will require a variation to
the premises licence. With regard to Conditoin 10 any lighting should be a bat
friendly scheme.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2015 /0086
COMMUNITY:
Holt
WARD:
Holt
LOCATION:
WESTFIELD BUCK ROAD
COMMONWOOD HOLT WREXHAM
LL13 9TF
DESCRIPTION:
CHANGE OF USE TO SITE FOR THE
SALE, SERVICE AND REPAIR OF
TRACTORS AND AGRICULTURAL
MACHINERY
DATE RECEIVED:
09/02/2015
CASE OFFICER:
MP
AGENT NAME:
BOB DEWEY PLANNING
MR B DEWEY
APPLICANT(S) NAME:
HMD INVESTMENTS LTD
______________________________________________________________
THE SITE
Dwelling (within
same ownership)
Application site
PROPOSAL
As above.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
HISTORY
6/6416
6/9105
6/24092
CB1858
Erection of produce storage building and offices, reversion of
yard to garden and alteration to existing building and vehicular
access. Granted 24.10.80
Amended details including extension of produce storage building
previously approved under code no. 6/6416. Granted 8.10.82
Siting of diesel storage tank (in retrospect). Granted 4 March
1996
Certificate of lawfulness of existing use as general haulage,
storage and distribution. Granted 30 June 1999
DEVELOPMENT PLAN
Outside of settlement limit. Policies GDP1, E5 and T8 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Object. Members are very concerned on a number
of points:
- The company have another site in Winsford
which is very large and spread out with
machinery in the open which if this proposed
application is on the same scale would be
detrimental to the open rural aspect of the area;
- Where are the tractors to be stored – in the
open or in buildings;
- Will there be large gates and fences installed
for security;
- What number of tractors are proposed to be
house here for repair and sale;
- Members feel the operation would be better
suited to the Industrial Estate.
Notified 10.2.15
Have made the following comments:
- Visibility splays of 2.4 x 160m in both directions
are normally required;
- Visibility is adequate in the northerly direction
however it is inadequate in a southerly direction
providing a splay of approximately 2.4 x 60m.
Visibility is impeded in this direction in that the
required splay would need to cut across 3rd
party land;
- I would not normally support any development
that is likely to result in an increase in vehicle
movements through this sub-standard access;
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
-
Public Protection:
Site Notice:
Neighbours:
The existing/proposed access is approximately
8.5m wide and is surfaced with hard bound
materials;
- There would appear to be adequate space to
facilitate a moderate sized business of this
nature. LPGN16 would normally require a
maximum of 8 spaces. Given the relatively
unsustainable nature of the site, the maximum
parking provision should be provided;
- The submitted plan indicates a total of 8 spaces
will be provided with 6 split between staff,
residents, customers and 2 disabled spaces. If
residents relate to the existing dwelling
(Westfield) then additional spaces should be
provided. However there would appear to be
sufficient space within the site to accommodate
additional parking if required;
- The submitted plan indicates a total of 40
tractors stored on site at any one time, 10
within the buildings and 30 outside. Assuming
this to be the case then there would still be
sufficient space to turn larger HGVs within the
site. It may be appropriate to considering a
condition limiting the number of tractors stored
on site at any one time in order to
accommodate/maintain adequate HGV spaces.
This would also limit the number of vehicle
movements using the existing access;
- The submitted supporting statement indicates
that the buildings were previously used for
haulage, distribution and storage with some 30
HGVs operating from the site. Submitted
information also indicates the site previously
housed 30 HGVs and 40 trailers and that the
proposal would significantly reduce vehicle
movements.
- I understand an application for a Certificate of
Lawfulness was granted on 30/6/1999 which
accepted the general haulage and storage use
at the site based on the above.
- It is accepted that the development is unlikely
to result in any significant increase in vehicle
movements compared with its previous use.
- No objections on highways grounds.
Consulted 10.2.15
Expired 11.3.15
The owners/occupiers of 6 nearby properties
notified 19.2.15.
1 representation received stating no objections.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Other Representations:
1 representation received in support received
making the following comments:
- This would be a useful service for the local
agricultural community and provide local
employment.
1 representation expressing support for the
following reasons:
- We are primarily a rural agricultural based
community and as this is in line with this I see it
as a benefit to our community;
SPECIAL CONSIDERATIONS
Background: The lawful uses of the site are haulage yard, storage and
distribution. Whilst it has not been used for those purposes for a number of
years I am unaware that it has been used for any other purpose. A
warehouse building, a workshop building and hard surfaces remain extant
giving me no reason to believe that the above mentioned uses have been
abandoned. They could therefore resume at any time without the need to
obtain planning permission.
The previous occupier of the site operated up to 15 HGVs and 26 trailers from
the site although he had an Operator’s Licence that permitted a maximum of
30 HGVs and 40 trailers to be operated from the site. There are no planning
conditions that limit the number of HGVs or trailers than can be operated from
or be kept at the site.
Policy: The UDP has no specific policies dealing with the change of use of
established employment sites in the countryside although policy E5 allows for
small scale employment development in the countryside through the re-use of
existing buildings subject to:
a) The proposals according with policy GDP1;
b) The building being structurally sound and capable of re-use without
extensive rebuilding;
c) Any inherent characteristics of merit are retained;
d) The building and curtilage not constituting an undesirable intrusion into
the landscape, creating access problems nor require provision of
services at public cost.
The policy does not include a definition of what is considered ‘small scale’.
The site is less than 0.5 hectares in area, is occupied by two buildings that
have a cumulative floor area of around 420 square metres and will employ 5
people. In my opinion this constitutes a relatively small scale employment
development and therefore policy E5 is applicable. I will consider the issues
covered by a)-d) in more detail below.
The proposals broadly accord with policy PS3 that promotes the re-use of
previously developed land. Planning Policy Wales (Chapter 7) is also broadly
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
supportive of new businesses being established in rural areas. As such there
are no valid reasons, on planning policy grounds, to object in principle to the
proposed development.
Economic Benefits: The development will employ 5 people and bring a
currently vacant employment site back into use. Given the nature of the
proposed business it will help to both support and to diversify the rural
economy.
Visual Impact: The submitted plans make provision for up to 30
tractors/agricultural vehicles to be displayed for sale adjacent to the southern
boundary of the site with a further 10 vehicles being displayed/stored in the
warehouse. In addition 16 parking spaces are to be provided adjacent to the
northern boundary for tractors/agricultural machinery awaiting repair. 8 car
parking spaces will also be provided within the site.
Whilst I appreciate that it is set within rural surroundings, the site itself is
industrial rather than agricultural in character. The agricultural vehicles and
equipment stored on the site are unlikely to have a greater impact upon its
appearance or that of the surrounding rural landscape that HGVs and trailers
kept on site in connection with the previous use.
No alterations or extensions to the existing buildings are proposed and no
new buildings or extensions to the hard surfaced area are proposed. The
submitted plans do not propose the erection of any security fences or gates.
Amenity: The nearest dwelling, Westfield. This was last occupied by the
former owner and operator of the application site and whilst not forming part of
the current application it is in the same ownership as the site. It is intended
that the dwelling will be occupied by the site manager. Given the proposed
continued interdependence of the two sites I am satisfied the proposed
business will not adversely impact upon the occupiers of the property. The
nearest dwelling with no connection with the site is 16 metres away on the
opposite side of Buck Road.
The workshop building is relatively small (just under 120 sq. metres in area)
so this will limit the number of vehicles that can be serviced on site at any one
time. The building has also previously have been used for the servicing of
vehicles in conjunction with the haulage business. The proposed operating
times will be 9am to 5pm Mondays to Saturdays.
In light of the above the development is unlikely to have a significantly greater
impact upon residential amenity than the extant use. The operating times
together with maximum noise levels will be limited by condition.
Highways: Visibility from the site access to the south is 2.4 x 60 metres –
substantially below the 2.4 x 160 metre splays that would normally be
required. However as noted above there is already an established and lawful
commercial use that would involve the site being visited/serviced by HGVs. In
my opinion the proposals are unlikely to result in a significant increase in
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
traffic movements to/from the site and therefore will not adversely impact upon
highway safety.
Deliveries of tractors/agricultural equipment to the site will take place by way
of both ridged and articulated HGVs. Provided the tractors/agricultural
machinery displayed for sale or awaiting repair/collection are parked in the
spaces referred to above there will be sufficient space within the site for these
vehicles to load/unload and to turn.
I do not consider it appropriate to impose a condition limiting the number of
agricultural vehicles or items of equipment that can be display/parked on site
at any one time. Agricultural vehicles and equipment vary in size so such a
condition may place an unreasonable restriction on the ability of the business
to respond to changing circumstances. Instead I intend to impose a condition
that limits the areas within the site where agricultural vehicles and equipment
can be displayed/parked. This will still, in effect, limit on the number of
vehicles/items of equipment at any one time and in turn regulate the number
of vehicle movements whilst at the same time providing the business a
reasonable degree of flexibility to operate. It will also ensure that adequate
space is retained within the site for delivery vehicles to load/unload and turn.
I am satisfied that parking provision for staff and visitors is adequate.
Other Matters: I note the concerns expressed by the Community Council
about the fact that the proposed business already operates from another site
in Winsford, however that is a considerably larger site than the application site
so is not directly comparable..
CONCLUSION
The development accords with the relevant UDP policies.
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 agricultural vehicles or machinery shall be displayed for sale on any
part of the site other than in the spaces labelled as 'Tractors for Sale' or in the
building labelled as 'Tractor storage' on the approved plan.
3.
No agricultural vehicles or agricultural machinery awaiting repair or
waiting to be collected following repair shall be parked/stored on site other
than in the spaces labelled as 'Tractors awaiting repair or in the building
labelled as 'Tractor storage' on the approved plan.
4.
Nothing shall be displayed for sale from the site other than agricultural
vehicles or machinery.
5.
The rating level of any noise generated by reason of this development
shall not exceed the pre-existing background level by more than 5dB(A) at
any time. The noise levels shall be determined at nearby noise sensitive
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
premises, and measurements and assessment shall be made in accordance
with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed
Residential and Industrial areas.
6.
No use of the development shall be made before 09:00 or after 17:00
Mondays to Saturdays and at any time on a Sunday or Bank Holiday.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
In the interests of the visual amenities of the area and in the interests of
highway safety.
3.
In the interests of the visual amenities of the area and in the interests of
highway safety.
4.
To control the nature of the use in the interests of highway safety and
to ensure compliance with adopted planning policies.
5.
To protect the amenities of the occupiers of nearby properties.
6.
To protect the amenities of the occupiers of nearby properties.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2015 /0091
COMMUNITY:
Bronington
WARD:
Bronington
LOCATION:
OAK VIEW CHAPEL LANE
BRONINGTON WREXHAM
SY13 3HP
DATE RECEIVED:
09/02/2015
DESCRIPTION:
APPLICATION FOR THE REMOVAL
OF PLANNING CONDITION 5 OF
BRN 20152 AND CONDITION 6 OF
BRN 18393 - AGRICULTURAL
WORKER(S) OCCUPANCY
CONDITIONS
CASE OFFICER:
MP
AGENT NAME:
MRS VANESSA BROWN
APPLICANT(S) NAME:
MR PETER LLOYD
______________________________________________________________
THE SITE
Application site
PROPOSAL
As above.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
HISTORY
6/18393
6/20152
Erection of bungalow and installation of septic tank. Granted
8.4.91 (outline planning permission).
Erection of dwelling (1no. bungalow) and installation of septic
tank. Approved 11.5.92 (approval of reserved matters)
DEVELOPMENT PLAN
Outside of settlement limit. Policy H6 applies.
CONSULTATIONS
Community Council:
Local Member:
Site Notice:
Neighbours:
No observations.
Notified 13.2.15
Expired 11.3.15
The owners/occupiers of 2 nearby properties
notified 18.2.15. 1 representation received
supporting the removal of the occupancy
restrictions.
SPECIAL CONSIDERATIONS
Policy: Policy H6 of UDP allows for the removal agricultural and forestry
occupancy conditions provided that:
a) it has been demonstrated that there is no longer a need to house an
agricultural or forestry worker; and
b) Bona fide but unsuccessful attempts have been made over a 12 month
period to sell or let the property at a price reflecting the existing of the
existence of the occupancy conditions.
Since the adoption of the UDP the Welsh Government has issued more up to
date guidance in Technical Advice Note 6: Planning for Sustainable
Communities. This advises that when an application to remove an agricultural
occupancy condition is submitted, consideration should be given to replacing
it with a new condition that restricts occupancy to a worker of a rural
enterprise and those who qualify for occupancy of affordable housing. By
increasing the number of people eligible to occupy a dwelling subject to
occupancy restrictions the intention is to that ensure properties are kept
available to meet the housing needs of rural workers or those in need of
affordable housing.
Need: The applicant’s reason for seeking removal of the occupancy condition
is that there is no longer an agricultural business operating from the site. The
land where he operated a peat extraction business was compulsory
purchased by the Countryside Council for Wales (now NRW) in 1996.
Following the deaths of his son in 1996 and his wife last year the applicant
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
now has no other family locally and wishes to sell the property and move
away from the area.
Whilst I am not unsympathetic to the applicant’s circumstances, the fact that
there is no longer an agricultural business operating from the site does not, by
itself, mean that there is no longer a need for the agricultural occupancy
condition. The purpose of the condition is not to tie a dwelling to a particular
agricultural business. Whilst the dwelling was erected to meet the
requirements of the applicants business at that time, the condition is also
intended to ensure that there is a supply of accommodation for other
agricultural or forestry workers in the locality.
The applicant’s agent has informed me that he has approached his friends
who are farmers and farm workers to enquire if any would be interested in
purchasing the property but they have confirmed that they would not. His
agent has also suggested that the majority of forestry workers are foreign
nationals who do not live locally but travel to the area to work. Finally she has
cited the following examples as demonstrating there being a lack of need for
farm workers’ dwellings in the area:
i) There is an empty farm house at the top end of Chapel Lane that has
not been occupied for over 10 years.
ii) A former house in the locality that has been sold on the open market;
iii) There is a farm on Ellesmere Road where the farm worker owns a
house in Horsemans Green. The farmer has two sons, one works
on the farm and the other does not and they live in the main farm
house together.
None of the farmers or farm workers the applicant has spoken to have
provided any written confirmation of their lack of interest in the property but in
any case by itself this would not be sufficient evidence that there is no longer
a local need for accommodation for farm or forestry workers.
Whilst it may be the case that some local forestry businesses rely on
employees that travel to work from outside of the area, no evidence has been
provided to demonstrate that this is universally the case or that there are no
forestry businesses that could benefit from having workers living in the
locality.
Only very limited information has been provided about the other properties the
agent has referred to however there will be individual circumstances in each
case that are unlikely to be directly comparable to this particular case. As
such I do not consider it to evidence that supports the applicant’s case.
As noted above, TAN6 recommends that in cases like this consideration
should be given to replacing an agricultural/forestry occupancy conditions with
one that limits occupancy of the property to a rural enterprise worker or
someone eligible for affordable housing.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
The applicant’s agent has stated that the applicant is unaware of any rural
enterprises in the locality but has not provided any evidence to support this.
With regards to being kept available as affordable housing, she has
suggested that the property would be too expensive for low income
households.
The submissions made by the applicant do not, in my opinion, constitute clear
evidence that there is not a need for properties to accommodate agricultural,
forestry, or indeed other rural workers. Furthermore no substantive evidence
has been submitted to demonstrate that the property would not be suitable for
someone eligible for affordable housing.
The applicant’s agent has in any case confirmed that he is seeking the
complete removal of the current occupancy condition rather than having it
being replaced by the occupancy condition recommended by TAN6.
Marketing: The applicant has put the property on the market however this
was only done earlier this year. Whilst the marketing particulars make
reference to the current occupancy restriction it also refers to the fact that
attempts are being made to remove it. No attempts appear to have been
made to market the property with a view to it being occupied by an employee
of rural enterprises other than agricultural or forestry businesses. There also
does not appear to have been any attempt to liaise with the Council’s Housing
Department or affordable housing providers to gauge their interest in the
property.
Whilst the asking price of the property appears to have been reduced to
reflect the existence of the agricultural occupancy condition the valuation has
been based on the asking price of a large 4/5 bedroom two storey house with
a two storey annexe. Whilst I understand the value of that property may have
been reduced to help achieve a sale, I am nevertheless of the opinion that the
property is not comparable to the applicant’s much smaller 3 bedroom
bungalow. As such I consider the asking price to be too high.
CONCLUSION
The applicant has not submitted substantive and convincing evidence that
there is no longer a need for accommodation for agricultural, forestry or other
rural workers in the locality. Furthermore the property has not been marketed
for a sufficient period of time or at an appropriate value that reflects the
existence of the occupancy condition. As such the proposals do not accord
with policy H6 and the advice given by Technical Advice Note 6.
RECOMMENDATION: That permission be REFUSED
REASON(S)
1.
Insufficient evidence has been submitted to demonstrate that there is
no longer a requirement in the locality for housing to accommodate
agricultural or forestry worker, the workers employed by other rural
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
enterprises or those eligible for affordable housing. In addition, insufficient
attempts to market the property at a value reflecting the existing of the
occupancy condition have been made. The proposals therefore do not accord
with policy H6 of the Wrexham Unitary Development Plan and the advice
given in section 4.13 of Technical Advice Note 6.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2015 /0108
COMMUNITY:
Rhos
WARD:
Ponciau
LOCATION:
LAND AT MOUNTAIN STREET
RHOSLLANERCHRUGOG
WREXHAM
LL14 1BU
DESCRIPTION:
VARIATION OF CONDITION 8 OF
PLANNING PERMISSION RHO
P/2010/0192 TO ALLOW
ALTERNATIVE MEANS OF SURFACE
WATER DISPOSAL FOR APPROVED
DEVELOPMENT (8 DWELLINGS)
DATE RECEIVED:
13/02/2015
CASE OFFICER:
MP
AGENT NAME:
D2 ARCHITECTS
MR ROBERT ADAM
LLOYD
APPLICANT(S) NAME:
MR ARWYN EVANS PENNAF
______________________________________________________________
P/2015/0108
THE SITE
Application site
PROPOSAL
Condition 08 of planning permission P/2010/0192 requires that no surface
water be allowed to connect to the public sewer system. To comply with this
condition surface water would normally be drained from a site like this via
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
soakaways. However ground investigations have found that the site is not
suitable for this type of drainage. Permission is therefore sought to allow
surface water to drain into the public sewer system. Surface water will first
drain into a sub-surface tank before being released into the public sewer at a
controlled rate.
HISTORY
P/2010/0192 Residential Development (8 dwellings). Granted 7.6.10
DEVELOPMENT PLAN
Within settlement. Policy GDP1 applies.
CONSULTATIONS
Community Council:
Local Members:
Welsh Water:
NRW:
Site Notice:
Neighbours:
Object on the following grounds:
i)
There is already an excess of surface water
in the area and the area noted is above the
road level which will cause a river effect;
ii)
The application is not in retrospect even
though there are already residents in place;
iii)
A large expanse of digging has been carried
out, why did it not carry out the work that
was required in the original planning
permission?
No concerns.
Welsh Water has agreed to take the surface water
flows from the site into the public surface water
sewer so would have no issues with the
variation/removal of the condition.
Standard advice applies.
Expired 20.3.15
The owners/occupiers of 27 nearby properties
notified 3.3.15
SPECIAL CONSIDERATIONS
The housing development is in an advanced state of completion – indeed
some units are occupied. The proposals only relate to the method of surface
water drainage. No other changes to the development are proposed.
The proposed changes will still mean that surface water is drained from the
site so they will not result in on or off-site flooding. The fact surface water will
be drained from the site at a controlled rate will also ensure the public sewer
is not overloaded. Welsh Water have confirmed that they have agreed to
proposals.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
Community Council Representations: I am aware that some of the
dwellings are now occupied. If the proposed works have been carried out in
advance on the determination of this application this has been at the
applicant’s risk.
Developers are entitled to seek approval for amendments to developments.
In this particular case the changes are necessary in light of site investigations
that have demonstrated site is unsuitable for the surface water drainage
arrangements required by the original planning permission.
CONCLUSION
The proposals accord with policy GDP1.
RECOMMENDATION: That permission be GRANTED
CONDITION(S)
1.
The vehicular parking and turning areas as shown on approved
drawing(s) No(s). C739.03F shall be fully laid out, surfaced and drained prior
to first use of the development. These areas shall thereafter be permanently
retained and kept free of any obstruction, and made available solely for the
parking and turning of motor vehicles at all times.
2.
Landscaping works shall be carried out within three months of the first
occupation of the dwellings 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 occupation of the dwellings in
accordance with a landscaping scheme that shall first have been submitted to
and approved in writing by the Local Planning Authority.
3.
Any trees or shrubs removed, dying, being severely damaged or
becoming seriously diseased within five years from the completion of the
scheme shall be replaced by trees or shrubs of similar size and species to
those originally required to be planted unless otherwise approved in writing by
the Local Planning Authority.
4.
Foul water and surface water shall be drained from the site in strict
accordance with approved drawing no.102 Revision C.
5.
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.
6.
Each dwelling hereby permitted shall be constructed to achieve a
minimum Code for Sustainable Homes Level 3 and achieve 6 credits under
category Ene1 in accordance with the requirements of Code for Sustainable
Homes: Technical Guide April 2009.
7.
No dwelling shall be occupied until a Code for Sustainable Homes
'Post Construction Stage' assessment has been carried out in relation to it, a
Final Code Certificate has been issued for it certifying that Code Level 3 and 6
credits under Ene1 have been achieved and the Certificate has been
submitted to and approved in writing by the Local Planning Authority.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
8.
The access to the parking area serving houses nos 1, & 2 as shown on
the approved drawing no. C739.03F shall be provided with visibility splays of
2.4 x 43m in a westerly direction and 2.4 x 25m in an easterly direction as
measured to the nearside edge of the adjoining highway within which there
shall be no obstructions in excess of 1 metre in height above the adjoining
carriageway. The splays shall be provided prior to the first occupation of plots
nos. 1 and 2 and thereafter permanently retained free of all such obstruction.
9.
The access to the parking area serving plots nos 3, 4, 5, 6, 7 & 8 as
shown on the approved drawing no. C739.03F shall be provided with visibility
splays of 2.4 x 43m both directions as measured to the nearside edge of the
adjoining highway within which there shall be no obstructions in excess of 1
metre in height above the adjoining carriageway. The splays shall be
provided prior to the first occupation of dwellings nos. 3, 4, 5, 6, 7 & 8 and
thereafter permanently retained free of all such obstruction.
10.
The details required by condition 02 shall include a schedule of
landscape maintenance for a minimum period of 5 years. The schedule shall
include details of the arrangement for its implementation. Development shall
be carried out in accordance with the approved schedule.
REASON(S)
1.
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.
2.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
3.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
4.
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.
5.
In the interests of highway safety.
6.
In the interests of securing a sustainable development.
7.
In the interests of securing a sustainable development.
8.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
9.
To ensure that adequate visibility is provided at the proposed point of
access to the highway.
10.
To ensure landscape features are properly considered and protected.
NOTE(S) TO APPLICANT
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,
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
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
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.
______________________________________________________________
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
APPLICATION NO:
P/2015 /0159
COMMUNITY:
Ruabon
WARD:
Ruabon
LOCATION:
GARDDEN LODGE GARDDEN
RUABON WREXHAM
LL14 6RD
DESCRIPTION:
FIRST-FLOOR MASTER BEDROOM
EXTENSION, NEW PITCHED ROOF
TO FRONT PORCH AND INTERNAL
ALTERATIONS
DATE RECEIVED:
04/03/2015
CASE OFFICER:
SEH
AGENT NAME:
BLUEPRINT
ARCHITECTURAL
APPLICANT(S) NAME:
SERVICES LTD
MRS A COLES
MR DAFYDD EDWARDS
______________________________________________________________
THE SITE
Application Site
PROPOSAL
As above.
RELEVANT HISTORY
6/22603
Conservatory extension. Granted on 15.08.1994
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
DEVELOPMENT PLAN
Outside of defined settlement limit, with Green Barrier and a Special
Landscape Area. UDP Policies PS2 and GDP1 apply. Local Planning
Guidance Notes Nos. 13 ‘Housing in the Countryside’ and 21 ‘Space around
Dwellings’ are also relevant.
CONSULTATIONS
Community Council:
Local Member:
Site Notice:
Neighbours:
Consulted 10.03.15
Notified 10.03.15
Expired 08.04.15
Notified 13.03.15
SPECIAL CONSIDERATIONS
Background: This application is being reported to Planning Committee for
consideration because the applicant is an employee of this Council. The
relevant planning issues to consider relate to the impact of the development
upon the character and appearance of the dwelling and locality, highway
safety and upon the residential amenities of the occupiers of the surrounding
properties.
Design and Amenity: Proposed is a first floor side extension to provide an
en-suite master bedroom and a small alteration to the existing front porch to
provide a pitched roof. Both extensions are acceptable in terms of scale and
design, and would be in keeping with the character and appearance of the
existing dwelling. The extensions would be visible from public viewpoints;
however there would be no negative impact upon the openness of the Green
Barrier, and both the nearby and distant viewpoints within the Special
Landscape Area would be protected.
LPGN 13 ‘Housing in the Countryside’ states that the floor area of the original
dwelling should not be increased by more than 30%. I confirm that the
extensions accord with this guidance, and represent an increase in floor area
of just less than 30% of the original.
Having considered also the properties around the site, the proposed
extensions are in accordance with the Council’s separation distances and
guidance on ‘Space around Dwellings’ (LPGN No.21). The development
would not therefore lead to a significant loss of light or privacy to the
surrounding dwellings.
CONCLUSION
The development accords with the relevant UDP policies and I recommend
accordingly. The consultation period has not yet expired and I therefore
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
request delegated powers to Grant planning permission once the period
expires.
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.
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.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act,
1990.
2.
To ensure a satisfactory standard of appearance of the development in
the interests of the visual amenities of the area.
NOTE(S) TO APPLICANT
All works relating to this development which are audible beyond the site
boundary should be carried out only between 7.30 and 18.00 hrs Monday to
Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a
Bank Holiday. Outside these times, any works which are audible beyond the
site boundary have the potential to cause unreasonable disturbance to
neighbouring premises.
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.
The applicant should adhere to the times given above wherever possible. 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 s ch 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.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 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.
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
LIST OF DELEGATED DECISIONS ISSUED
CEF P/2014/0188
GRANTED
13/03/2015
SITE SOUTH OF, WHALLEYS WAY,
ACREFAIR, WREXHAM, LL14 3UH
ERECTION OF 10 DWELLINGS
AND 4 APARTMENTS AND
FORMATION OF VEHICULAR AND
PEDESTRIAN ACCESS
CONSERVATORY EXTENSION
RUA P/2014/0440
GRANTED
11/03/2015
5 WEST END TERRACE, PONT ADAM,
RUABON, WREXHAM, LL14 6EA
ABE P/2014/0444
GRANTED
09/03/2015
70, CLYWEDOG ROAD EAST,
WREXHAM INDUSTRIAL ESTATE,
WREXHAM, LL13 9XE
SES P/2014/0658
GRANTED
20/02/2015
MAELOR GASWORKS, MARCHWIEL,
WREXHAM, LL13 0UW
RHO P/2014/0705
GRANTED
16/03/2015
8 HAND LANE, PONCIAU, WREXHAM,
LL14 1ET
WRO P/2014/0808
GRANTED
09/03/2015
WREXHAM MAELOR HOSPITAL,
CROESNEWYDD ROAD, WREXHAM,
LL13 7TD
ISY P/2014/0834
GRANTED
11/03/2015
PARK COTTAGE, HOLT ROAD,
BOWLING BANK, WREXHAM, LL13
9RR
GWE P/2014/0882
GRANTED
16/03/2015
11 ALYN CLOSE, PANDY, WREXHAM,
LL11 2YH
PROPOSED ADDITIONAL
WAREHOUSING AND SILOS AND
RESITING OF PREVIOUSLY
APPROVED SILOS
REMEDIATION WORKS TO DEAL
WITH LAND, SURFACEWATER
AND GROUND WATER
CONTAMINATION, DEMOLITION
OF BUILDINGS AND
INSTALLATION OF NEW PRIVATE
DRINKING WATER PIPELINE
ERECTION OF 3 BEDROOMED
DWELLING AND ASSOCIATED
PARKING AND NEW ACCESS TO
SERVE NEW DWELLING AND 8
HAND LANE AND PARKING FOR
THE HOMESTEAD.
CONTINUED USE OF MODULAR
BUILDING AS GUM CLINIC FOR
FURTHER 3 YEARS (CODE NO.
P/2011/0540).
DEMOLITION OF EXISTING
COTTAGE AND OUTBUILDINGS
AND ERECTION OF
REPLACEMENT DWELLING WITH
DOUBLE GARAGE AND
VEHICULAR ACCESS
TWO-STOREY EXTENSION AND
ALTERATIONS
GRE P/2014/0926
GRANTED
09/03/2015
STRODE HOUSE, THE GREEN,
GRESFORD, WREXHAM, LL12 8RG
LISTED BUILDING CONSENT FOR
REAR PORCH
HOL P/2014/0927
GRANTED
25/02/2015
SCHOOL HOUSE, SCHOOL LANE,
HOLT, WREXHAM, LL13 9AX
REDUCE HEIGHT AND SPREAD
OF 1 BEECH TREE BY 3 METRES
(TREE PROTECTED BY HOLT
CONSERVATION AREA)
MAE P/2014/0929
GRANTED
16/03/2015
MADRAS CHURCH IN WALES VA
PRIMARY SCHOOL, , PENLEY,
WREXHAM, LL13 0LU
ERECTION OF SINGLE STOREY
STAFF ROOM EXTENSION
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
ROS P/2014/0941
GRANTED
17/03/2015
5 ROSSETT PARK, DARLAND LANE,
ROSSETT, WREXHAM, LL12 0FB
APPLICATION FOR CERTIFICATE
OF LAWFUL USE / DEVELOPMENT
TO CONFIRM THAT PROPOSED
SINGLE STOREY REAR
EXTENSION IS "PERMITTED
DEVELOPMENT" NOT REQUIRING
PLANNING PERMISSION
DEMOLITION OF FORMER PUBLIC
HOUSE AND ERECTION OF FIVE
BEDROOM DETACHED DWELLING
BRY P/2015/0008
GRANTED
20/02/2015
THE WESTMINSTER ARMS, RUTHIN
ROAD, BWLCHGWYN, WREXHAM,
LL11 5UT
MIN P/2015/0011
WITHDRAWN
06/03/2015
FIVE CROSSES INN, RUTHIN ROAD,
BWLCHGWYN, WREXHAM, LL11 3UT
ERECTION OF RETAIL STORE
WITH ATM TOGETHER WITH
ASSOCIATED WORKS
COE P/2015/0014
GRANTED
23/02/2015
8 RHOSBERSE ROAD, COEDPOETH,
WREXHAM, LL11 3BT
SINGLE STOREY FRONT
EXTENSION AND TWO-STOREY
REAR EXTENSION
COE P/2015/0015
GRANTED
23/02/2015
9 RHOSBERSE ROAD, COEDPOETH,
WREXHAM, LL11 3BT
TWO-STOREY REAR EXTENSION
AND ALTERATION TO EXISTING
PORCH TO FRONT ELEVATION
GRE P/2015/0018
GRANTED
27/02/2015
18 STANCLIFFE AVENUE, MARFORD,
WREXHAM, LL12 8LW
DEMOLITION OF EXISTING
SINGLE-STOREY PORTION OF
HOUSE, TWO-STOREY SIDE
EXTENSION AND SINGLESTOREY REAR EXTENSION
WRR P/2015/0020
GRANTED
09/03/2015
HOMEBASE, PLAS COCH RETAIL
PARK, WREXHAM, LL11 2BA
RUA P/2015/0022
GRANTED
27/02/2015
MORETON FARM, MORETON FARM
ROAD, GYFELIA, WREXHAM, LL13
0YH
RUA P/2015/0023
GRANTED
27/02/2015
MORETON FARM, MORETON FARM
ROAD, GYFELIA, WREXHAM, LL13
0YH
RUA P/2015/0024
GRANTED
27/02/2015
MORETON FARM, MORETON FARM
ROAD, GYFELIA, WREXHAM, LL13
0YH
CEF P/2015/0025
GRANTED
27/02/2015
TRINITY HALL, LLANGOLLEN ROAD,
ACREFAIR, WREXHAM, LL14 3SF
COE P/2015/0026
GRANTED
27/02/2015
WESTMINSTER HOUSE, 37 HIGH
STREET, COEDPOETH, WREXHAM,
LL11 3RY
SITING OF PORTACABIN (5.8M
LONG X 2.96M WIDE) FOR USE AS
FAMILY RECYCLING CENTRE (IN
RETROSPECT)
ERECTION OF AGRICULTURAL
LIVESTOCK BUILDING (PHASE 1)
22.7M WIDE, 75.6M LONG AND
9.5M HIGH TO RIDGE
ERECTION OF AGRICULTURAL
LIVESTOCK BUILDING (PHASE 2)
22.7M WIDE, 75.6M LONG AND
9.5M HIGH TO RIDGE
ENGINEERING WORK TO FORM
SLURRY LAGOON 50M WIDE AND
60M LONG WITH GRADED EARTH
BANK AROUND EDGE
VARIATION OF CONDITION 1 OF
PLANNING PERMISSION
P/2000/0366 TO ALLOW THE USE
TO BE OPERATED BY REDPOINT
HOLIDAYS LTD
CHANGE OF USE OF PART OF
GROUND FLOOR OF PREMISES
FROM RESIDENTIAL (CLASS C3)
TO A TEA ROOM (CLASS A3)
RUA P/2015/0031
NO OBJECTION
24/02/2015
NEW SONTLEY FARM, SONTLEY
ROAD, ERDDIG, WREXHAM, LL13
0UU
REMOVAL OF THREE SECTIONS
OF HEDGEROWS TO FACILITATE
ERECTION OF OVERHEAD LINE
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
ROS P/2015/0032
GRANTED
27/02/2015
CHAPEL COTTAGE, 1 GUN STREET,
ROSSETT, WREXHAM, LL12 0HR
REPLACEMENT WINDOWS AND
ALTERATION TO FRONT
BOUNDARY WALL
GRE P/2015/0033
GRANTED
11/03/2015
GRESFORD YOUTH CLUB,
VICARAGE LANE, GRESFORD,
WREXHAM, LL12 8UW
CONVERSION OF BUILDING TO
FORM 2 RESIDENTIAL
DWELLINGS (2 X 3 BEDROOMS)
INCORPORATING EXTERNAL AND
INTERNAL ALTERATIONS
ERB P/2015/0034
REFUSED
27/02/2015
THE OLD FOX, BANGOR ROAD,
EYTON, WREXHAM, LL13 0YD
OUTLINE APPLICATION FOR
RESIDENTIAL DEVELOPMENT
(ONE DWELLING) WITH ALL
DETAILED MATTERS RESERVED
FOR FURTHER APPROVAL
W04000895
P/2015/0035
REFUSED
20/02/2015
25, HAWTHORN ROAD, MARFORD,
WREXHAM, LL12 8XJ
SINGLE STOREY FRONT
EXTENSION TO EXTEND GARAGE,
LOUNGE AND PORCH
ERB P/2015/0042
GRANTED
09/03/2015
CRYMBAL COTTAGE, CRABTREE
GREEN, WREXHAM, LL13 0YF
ERECTION OF REPLACEMENT
DETACHED SUMMERHOUSE
CEF P/2015/0043
GRANTED
23/02/2015
TREVALYN HOLD, LLANGOLLEN
ROAD, ACREFAIR, WREXHAM, LL14
3SF
BRY P/2015/0044
GRANTED
27/02/2015
CAER NANT, RUTHIN ROAD,
BWLCHGWYN, WREXHAM, LL11 5UR
TWO-STOREY SIDE / REAR
EXTENSION TO PROVIDE
REPLACEMENT GARAGE WITH
BEDROOM AND EN-SUITE ABOVE
AND SINGLE-STOREY REAR
LOUNGE EXTENSION
FRONT PORCH EXTENSION
GWE P/2015/0048
GRANTED
23/02/2015
45 BEECH AVENUE, BRADLEY,
WREXHAM, LL11 4DG
SINGLE STOREY SIDE / FRONT
EXTENSION
BRN P/2015/0051
GRANTED
16/03/2015
MOOR COTTAGE, REDBROOK
MAELOR, WREXHAM, SY13 3AD
ERECTION OF REPLACEMENT
DWELLING WITH DETACHED
GARAGE / STORE
MIN P/2015/0053
GRANTED
16/03/2015
ST MARYS CHURCH, CHURCH
ROAD, MINERA, WREXHAM, LL11
3DA
ERECTION OF NEW RAMPED
ACCESS TO BUILDING TO
PROVIDE DISABLED ACCESS AT
MAIN ENTRANCE
ESC P/2015/0054
GRANTED
27/02/2015
OAK LODGE, CORKSCREW LANE,
RUABON, WREXHAM, LL14 6HG
AMENDMENTS TO EXTENSIONS
AS PREVIOUSLY APROVED AS
PART OF PLANNING PERMISSION
CODE NO. P/2014/0192
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
OVE P/2015/0056
GRANTED
02/03/2015
GWYDYR HOUSE, 7 PENYLLAN
STREET, OVERTON, WREXHAM, LL13
0EE
LISTED BUILDING CONSENT TO
ERECT INTERNAL PARTITION
WALL (IN RETROSPECT)
HOL P/2015/0063
GRANTED
09/03/2015
JCB TRANSMISSIONS, ABENBURY
WAY, WREXHAM INDUSTRIAL
ESTATE, WREXHAM, LL13 9UF
WRO P/2015/0068
GRANTED
23/02/2015
LAND AT, PEN Y BRYN AND
TENTERS SQUARE, TENTERS LANE,
WREXHAM, LL13 7LF
WRA P/2015/0075
GRANTED
16/03/2015
4 TURNER CLOSE, GOULBOURNE
PARK, WREXHAM, LL13 9QG
INSTALLATION OF 2 NO.
ILLUMINATED ADVERTISEMENTS
- COMPANY LOGO SIGNS TO
FRONT AND REAR ELEVATIONS
APPLICATION TO MAKE NONMATERIAL AMENDMENT TO
PLANNING PERMISSION
P/2013/0443 DATED 25.03.2014 TO
ALLOW THE DEVELOPMENT TO
PROCEED WITHOUT CONDITIONS
5, 6 AND 7
PORCH / TOILET EXTENSION TO
FRONT OF HOUSE
BRN P/2015/0076
REFUSED
16/03/2015
TYDDYN, HIGHER LANES, ISCOYD,
WREXHAM, SY13 3AX
CONVERSION, ALTERATIONS AND
EXTENSION TO EXISTING
BUILDINGS TO FORM
RESIDENTIAL UNIT ANDGRANNY
FLAT / HOLIDAY HOME
BRY P/2015/0080
GRANTED
24/02/2015
1 CLIFTON AVENUE, BRYMBO,
WREXHAM, LL11 5FN
GRE P/2015/0081
OBJECTION
27/02/2015
NORTH EAST OF SEWAGE WORKS,
ADJACENT TO A483, MARFORD,
WREXHAM, LL12 8RH
APPLICATION FOR NON
MATERIAL AMENDMENT TO
PLANNING PERMISSION
P/2009/0485 DATED 24
NOVEMBER 2009 TO MAKE
AMENDMENT TO FENCE LINE
ALONG BOUNDARY WITH 1
CLIFTON AVENUE
AGRICULTURAL NOTIFICATION
APPLICATION FOR ERECTION OF
AGRICULTURAL BUILDING
(STRAW STORAGE SHED)
MEASURING 33.5M LONG X 13.7M
WIDE AND 6.1M HIGH TO RIDGE
RUA P/2015/0084
REFUSED
16/03/2015
10 TAI CLAWDD, HIGH STREET,
RUABON, WREXHAM, LL14 6AB
CEI P/2015/0085
GRANTED
09/03/2015
GLANFFRWD, , LLANARMON
DYFFRYN CEIRIOG, WREXHAM, LL20
7LM
PEN P/2015/0095
GRANTED
16/03/2015
PEN Y LAN FARM, TAINANT,
PENYCAE, WREXHAM, LL14 1UG
WRO P/2015/0102
GRANTED
09/03/2015
LAND AT, GREEN DRAGON HOTEL,
SALOP ROAD, WREXHAM, LL13 7AF
REPLACEMENT OF SINGLEGLAZED TIMBER WINDOWS WITH
DOUBLE-GLAZED TIMBER
ALTERNATIVES (IN RETROSPECT)
ENTRANCE PORCH EXTENSION
PROPOSED NEW VEHICULAR
ACCESS AND ON-SITE PARKING
AREA FOR 3 NO. DOMESTIC
VEHICLES
APPLICATION FOR NON
MATERIAL AMENDMENT TO
PLANNING PERMISSION
P/2010/0006 TO ALTER INTERNAL
ACCESS ARRANGEMENTS FOR
VEHICLES SERVING THE
REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT 30 March 2015
DEVELOPMENT
WRO P/2015/0103
GRANTED
09/03/2015
LAND AT, GREEN DRAGON HOTEL,
SALOP ROAD, , WREXHAM, LL13 7AF
APPLICATION FOR NON
MATERIAL AMENDMENT TO
PLANNING PERMISSION
P/2013/0258 TO ALLOW
ALTERATIONS TO THE ACCESS
AND SITE LAYOUT
ARRANGEMENTS
BRN P/2015/0104
GRANTED
09/03/2015
MAES Y GROES FARM, HIGHER
WYCH ROAD, ISCOYD, WREXHAM,
SY13 3AU
REMOVAL OF WORN OUT HEDGE
AND REINSTATE WITH NEW
HEDGING PLANTS