Page No 1
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Community Code No
Applicant
Recommendation Page No
RUA
P/ 2003/1484
GRANT
3 - 14
HOL
P/ 2005/0092
GRANT
15 - 20
ESC
P/ 2005/0118
GRANT
21 - 23
BRO
P/ 2005/0263
GRANT
24 - 35
GWE
P/ 2005/0265
GRANT
36 - 39
LLA
P/ 2005/0280
The Wynnstay Farming
Company
Rofft Devlopments 2000
Ltd
The Dickens Group Of
Companies
Gordon Mytton
Developments
Wrexham County
Borough Council
Mr Kevin Burgess
GRANT
40 - 43
GLY
P/ 2005/0287
GRANT
44 -46
GRE
P/ 2005/0299
Mrs Heather Vaughan
Jenkins
Mr & Mrs J Dutton
GRANT
47 - 49
WRC
P/ 2005/0302
GRANT
50 – 51
WRR
P/ 2005/0321
GRANT
52 - 56
COE
P/ 2005/0345
Wrexham County
Borough Council
Wrexham County
Borough Council
Mr & Mrs S Ellis
GRANT
57 – 59
WRA
P/ 2005/0367
Mr & Mrs P Smith
GRANT
60 - 63
ESC
P/ 2005/0374
Mr A H Brockley
GRANT
64 - 66
CEF
P/ 2005/0378
R & S Builders
REFUSE
67 – 71
WRR
P/ 2005/0391
Mr S Roberts
GRANT
72 – 74
PEN
P/ 2005/0395
Mr P Prescott
GRANT
75 – 76
WRO
P/ 2005/0402
Mr P McGrady
GRANT
77 – 79
MIN
P/ 2005/0420
Mr C M Whiting
GRANT
80 – 83
LLR
P/ 2005/0438
Mr & Mrs J Roberts
GRANT
84 – 87
COE
P/ 2005/0444
Mr A Murray
GRANT
88 – 91
CEF
P/ 2005/0458
Landmark Building
REFUSE
92 – 94
Page No 2
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
ESC
P/ 2005/0483
Orange PCS Ltd
Refuses Approval
95 - 99
BRO
P/ 2005/0484
Orange PCS Ltd
Refuses Approval
100 - 104
Total Number of Applications Included in Report - 23
All plans included in this report are re-produced from Ordnance Survey Mapping with
the permission of the Controller of Her Majesty’s Stationery Office.  Crown
Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to
prosecution or civil proceedings.
WCBC Licence No. LA0902IL
All plans are intended to be illustrative only and should be used only to identify the
location of the proposal and the surrounding features. The scale of the plans will
vary. Full details may be viewed on the case files.
Page No 3
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2003 /1484
LOCATION:
Ruabon Business Park Ruabon Business
Park Ruabon Wrexham
DATE RECEIVED:
24/12/2003
COMMUNITY:
Ruabon
DESCRIPTION:
Business Park, B1 use (High Technology,
manufacturing, research and development
of prestige offices).
CASE OFFICER:
JGK
WARD:
Ruabon
AGENT NAME:
RPS
APPLICANT(S) NAME:
The Wynnstay Farming Company
_____________________________________________________________________
THE SITE
Approximately 23Ha (57 acres) of agricultural land south of Ruabon. The site has an
open aspect and is bounded to the north by the A539, to the west by a short section of
road at the rear of The Green, James Farm Caravan Park, to the east and to the south
farmland in the applicants ownership associated with Home Farm. To the north of the
site lies the recent Parry Homes estate development on the opposite side of the A539
dual carriageway. Within the site, in a central position, lies a large pond and a belt of
trees on the northern and western boundaries.
Application Site
Wynnst ay
Technology Par k
Jam es's
Far m
The G r een
Jam es's Wood
Bat hgr ound
ith
nE
a
O f f a 's
D yke
A fo
Parks and Gardens in Wales - Grade I listing
Bat hgr ound Wood
Hom e Far m
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
Business Park, B1 use (High Technology, manufacturing, research and development
of prestige offices).
Wood
Page No 4
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
HISTORY
P/2004/0294 Variation of condition 1 imposed under outline planning permission
Code No. P/2003/0058 to allow a further one year period within which
to submit an application for approval of reserved matters. Withdrawn
P/2000/0769 Variation of condition no. 6 imposed under outline planning
permission Code No. CB01467 to allow a maximum of 65% of the
total site area to be taken up by operational and built development.
Withdrawn 10.11.2000.
P/2000/0491 Variation of Condition 6 of outline planning permission Code No.
CB01467 to allow a maximum of 65% of the total site are to be taken
up by operational and built development. Withdrawn 31.07.2000.
P/2000/0418 Relaxation of Condition 2 imposed under planning permission Code
No CB01467 to allow an extension of time for the submission of
reserved matters application. Granted 31.07.2000
CB01467
Renewal of the permission detailed below. Granted 05.10.97
6/23477
Business Park B1 Use (High Technology manufacturing, research and
development and Prestige Offices) Granted 31.05.95
DEVELOPMENT PLAN
The site lies outside settlement limits and in open countryside as shown in the adopted
Unitary Development Plan. . However, it is listed in Appendix II – as land with
planning permission as at 1 April 2001.
(The site was shown as within settlement limits and allocated for employment
purposes in the former Wrexham Maelor Local Plan (Policies J1 and J2 refer).
The policies relevant to considering these proposals are PS1, PS2, GDP1, EC4, EC5,
EC6, EC11, T1, T8 and T9. Local Planning Guidance Notes 7 – Landscape and
Development, 15 – Cycling, 16 – Parking Standards, 17 – Trees and Development, 22
– Planning for Sustainable Development, 24 – Designing out Crime and 26 –
Landscaping and Industrial Development also refer.
CONSULTATIONS
Community Council:
No objection subject to:
 Only B1 uses being allowed
 Designs should not be industrial in character
 Densities being kept low
 Landscaping conditions being imposed and enforced
 Protected species being safeguarded
 (oral) development should be controlled so that second
phase not started till first is completed
Local Member:
Notified 07.01.04.
Welsh Office Highways: No objection
Public Protection:
Transport Assessment does not assess the likely impact of
increased road traffic noise. Recommends submission of
additional information. Recommends appropriate
condition.
Coal Authority:
No objections
Page No 5
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Railtrack:
No objections
Welsh Water:
Objects to development until a comprehensive drainage
scheme can be adequately provided.
Environment Agency:
No comments, although awaits details of surface water
disposal arrangements.
Highways:
No objections. Any detailed application should address
pedestrian routes, cycle routes and bus routes i.e. to and
from Ruabon railway station. A traffic Impact Assessment
will also be needed on the submission of a Full Application
and the applicant should contact the Highway Authority to
agree a Scoping Study.
CCW:
Not received documents – Ecological Report and
Ecological Management Plan.
Recommends detailed
survey work, incorporation of SUDS system and retention
of linear and continuous features as wildlife corridors and
habitats
CPAT:
Suggests seeking advice from CADW re. possible affect
upon Offa’s Dyke and setting of Wynnstay Hall Historic
Park and Garden.
Welsh Historic Gardens: Wynnstay in Register of Historic Parks and gardens in
Wales – Grade I listing. Proposal is unsympathetic to this
historic integrity.
CADW:
Wynnstay makes a very valuable contribution to the quality,
diversity and distinctiveness of the landscape of the Ruabon
area. Original opposed to the former scheme, new layout
significant improvement addressing all concerns.
Site notice:
Expired 10.02.04.
Press Notice:
Expired 20.02.04.
Adjoining Occupiers:
Objections received as follows:
 Three storey buildings too close to existing properties
 Prefer single storey building
 Extensive planting required
 Lack of privacy resulting from location of emergency
access road
 Lack of privacy
SPECIAL CONSIDERATIONS/ISSUES
Background: Outline planning permission was first granted in July 1995, and has
been renewed on a number of occasions since, the most recent in March, 2003 when
the time for the submission of reserved matters was extended until March, 2004. The
current application was submitted in December 2003. Following a number of
meetings and substantial discussions with the applicant, the scheme has been amended
with the inclusion of additional details to address issues and concerns raised by the
local authority and consultees. The applicant/agent was asked to give attention to the
affect the proposal may have upon the Grade I Wynnstay Garden listed in the
CADW/COMOS/CCW Register of Landscapes, Parks and Gardens of Special
Historic Interest in Wales.
Page No 6
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
The proposal is to develop approximately 9.4 ha of the total site area of 24ha creating
a high quality business park with 18 plots of two and three storey buildings, internal
road layout and parking provision. It will be developed in three phases as follows:
Phase
Buildings
sq metres
Car Parking
Cycle Parking
I
II
III
4650
4805
10850
413
450
826
38
40
155
Total
20305
1689
273
Policy: The site was allocated for employment purposes within the adopted
Wrexham Maelor Local Plan. However, in the UDP, the site is no longer shown
within the settlement limit. This change in policy circumstances was the subject of an
objection, which was rejected by the Inspector who recommended that in relation to
Ruabon Business Park, no modification be made to the UDP. The Council accepted
this recommendation in June 2003. In May of last year the Wrexham UDP was
approved by the Council and made operational for the purposes of development
control and finally adopted in February of this year. Although there has been a
significant policy change and the fact that the recent Section 73 application has been
refused, the submission of this ‘reserved matters’ application before the expiry of the
1995 outline permission (albeit extended twice) means that the current proposal has to
be considered in light of that outline consent.
The UDP also shows the immediate land to the north, west and east as Green Barrier
(Policy EC1 refers) and south and east as Special Landscape Area (Policy EC 5
refers).
To help minimise the impacts of the development I have included a condition, which
ensures that development in any phase cannot be commenced until the previous phase
has been substantially completed.
Sustainable Development: As part of the proposal, the applicant has submitted a
sustainability statement. This statement aims to assess the proposal in relation to the
six key sustainable planning principles, outlined in LPG 22. The six principles being:
location and layout; building design; supplying and using energy and water; waste
management; transport and access; promoting wildlife and building in local
distinctiveness. It is acknowledged that there exists some positive elements within the
scheme, e.g. cycling provision; pedestrian links; recycling facilities, phased bus stop
provision, however, a notable gap exists in terms of maximising the potential for
renewable energy. UDP Policy PS12 ‘ Renewable Energy’, together with GDP1 c)
support the principle of renewable energy, provided no overall detrimental impacts
are involved. In recognising the site’s landscape context, sympathetic renewable
energy design features could be incorporated as design features, for example,
photovoltaic panels. In this context, I have attached an appropriate condition.
Page No 7
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Landscape: Over 50% of the application site now forms part of a larger area as
shown on the plan above which in 1996, was given a Grade I listing in the
CADW/COMOS/CCW Register of Landscapes, Parks and Gardens of Special
Historic Interest in Wales. Although the register is advisory only and has no statutory
powers, the aim is to aid the protection and conservation of such important parks and
gardens. I consider that this listing is a material consideration in the determination of
this application. CADW has been advising the agent and the local authority on the
affect the proposal may have upon the Registered Garden. Although originally
opposed to the scheme CADW has since stated ‘ … the proposed new layout is a
significant improvement on the former plan. It takes all my concerns into
consideration and comes up with solutions that are much more sensitive to the
historic location of the site.’ In the southern area of the site the reduced floorspace
and consequential reduction in car parking has resulted in a greater area of open
landscaping.
The substantially revised visual assessment shows that there will be views of the
proposed development from Wynnstay Hall, parts of Ruabon, individual dwellings
close to the site, and from parts of the A483, with most views filtered by intervening
vegetation. The site itself is very open, and has limited ability at present to absorb the
impact of the proposed development. The existing landscape character of the
Wynnstay Estate, particularly the western part, would therefore be considerably
changed. However, the proposals for mitigation of visual impact include: retention of
existing boundary trees, pond and associated planting; advance planting; introduction
of new parkland trees and groups of trees, retention and repair of existing historic
landscape features; minor changes to landform to reduce visual impact of car parking
areas; low pitched rooflines and use of building materials which reflect those found
locally, minimisation of light pollution; and extension of stone boundary wall.
Scale and Design: The original layout had several shortcomings. Following
discussions and a number of meetings with the Council and CADW amended details
have been submitted demonstrating the following:
 A number of buildings reduced from three storeys to two storeys in height
 This has also reduced the number of car parking spaces required
 A reduction in height to those buildings within the Registered Garden and nearest
to open land achieving a denser development in the northern and north eastern
parts of the site and resulting lower density in the more sensitive southern part
 The amended scheme has reduced the site coverage to approximately 40% of the
total site area (well within the UDP maximum of 50% of the total site area
devoted to operational and built requirements
 A reduction of 6317 sq m in gross floor area as a result in the reduction in height
of four buildings along the more sensitive southern boundary (representing a
reduction in visual scale of 33%)
 The existing northern boundary wall to be extended in matching stone (Cefn
Sandstone) creating a formal entrance way and gateway to the site.
 Building 2D has also been amended and reduced in height in order to reduce any
impact on Green Lodge
 Cross sections through the site, including proposed building heights have been
submitted along with a cross section indicating the Business Park’s relationship
with Wynnstay Estate and Hall to the east.
Page No 8
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
I am now satisfied that the scheme as amended above is appropriate in terms of scale
and design.
Highways: In accordance with the outline consent, the applicants submitted a
detailed Transport Assessment by PFA Consulting. Following the Council’s
consideration of this assessment a number of amendments have been agreed. The
scheme now provides the following:
 Improved access arrangements from the B5605 Newbridge Road
 Following consultation with the Council’s Transportation section it is maintained
that three bus stops should be provided on site positioned on the main internal
estate road
 All cycle routes have been removed from internal estate roads as they are not
considered necessary within the site
 Cycle routes to be constructed instead across the full frontage of the site i.e. along
B5605 Newbridge Road.
 Footway/cycleways fronting the site to be 3.0m width
 Footways within the site to be 2.0m width
 Tactile paving required at crossings over B5605 / A539 roundabout
 A commuted sum will be required for the provision of a future bus route to the site
 A commuted sum will be required for future cycle way provision between the end
of the cycleway provide above to the Wynnstay Road junction in accordance with
Local Planning Guidance Note 15 – Cycling
 An agreement will be required to take all surface water / roof drainage. In this
instance the Highway authority will only adopt the gullies and gully connections
(added as note to applicant)
Ecology: The application was accompanied with an Ecological Report and an
Outline Environmental Management Plan. There is a loss of more than 40% of the
total site area to development with additional site disturbance. In the main, the
habitats that are proposed to be lost are considered to be of only negligible value (eg.
arable fields) with the habitats supporting the greatest diversity (e.g. pond and
grassland) retained. These include the areas where bat species and badger forage and
where a grass snake was seen. There will be some loss of the grassland and scrub
caused by the siting of the main access road, which bisect these habitats. This loss of
habitat will not be extensive as the road is to be sited in an east/west direction thereby
limiting the amount of landtake. However, taking all of the above into account the
conclusion is that the impact of the proposed development to habitats considered to be
of value for nature conservation will be of low magnitude. Habitats will be
maintained – the existing pond and much of the semi-grassland to the north. During
the construction period, retained habitats will be fenced off to protect them from
damage (condition attached). Proposed new habitats include a balancing pond,
grassland, scrub and woodland. In order to maintain, and potentially enhance, the
value of these habitats in the long term some habitat management will be required. A
proposed management scheme has been submitted and I have conditioned its
implementation.
Clearance of the areas of Japanese Knotweed will commence at the outset of the
construction period (condition attached).
Page No 9
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Archaeology: To the south west of the site is a section of Offa’s Dyke. The
amended scheme shows a 15m exclusion zone around this scheduled ancient
monument. It is important that this scheduled monument and other features of
historical and archaeological importance are protected. I have attached an appropriate
condition to protect these features
Conclusion: There can be no policy objections in principle to the proposed
development since it has a current consent in outline. Submissions of substantial
changes to the detailed scheme have addressed most of the concerns and I have
attached conditions to deal with other matters. The result should be high quality
development within an attractive natural and designed landscape setting.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
3.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
4.
The use of the site shall be restricted to uses falling within Class B1 of the
Town and Country Planning (Use Classes) Order 1987.
5.
The development hereby approved shall be progressively developed in Phases
I, II and III as shown in the proposed site layout (drawing no 5477 GA100 Rev M).
Work shall not commence on the next phase until substantial completion of the
previous phase has been undertaken.
6.
Prior to the commencement of development, a detailed renewable energy
scheme shall be submitted to the Local Planning Authority. This scheme should
maximise the potential for renewable energy features on the buildings hereby
approved.
7.
The detailed layout, design, drainage and construction of the internal estate
roads and roundabout shall be submitted to and approved by the Local Planning
Authority in consultation with the Highway Authority prior to the commencement of
any site works.
8.
An appropriate sum of money shall be agreed for the future provision of three
bus stops that shall be provided on site, the siting and implementation of which shall
be to the satisfaction of the Local Planning Authority.
9.
An appropriate sum of money shall be agreed in lieu of the future provision of
a bus service to the development site.
Page No 10
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
10.
A cycleway/footway shall be provided across the full frontage of the site along
B5605 Newbridge Road as detailed in drawing no W106/4. The works shall be
implemented prior to occupation of the first unit in Phase 1.
11.
Tactile paving shall be provided at crossing points at the new access point to
the proposed site and A539/B5605 as detailed on Drawing No W106/4. The works
shall be implemented prior to the occupation of the first unit in Phase I.
12.
A commuted sum shall be agreed for future cycleway provision between the
end of the cycleway provided above and Wynnstay Road junction.
13.
Prior to the commencement of development or each phase of development,
proposals for effective protective fencing for features of historical, archaeological and
ecological importance shall be submitted to and approved, in writing, by the Local
Planning Authority. The proposals shall include a specification for the protective
fencing, and a plan showing the position of the protective fencing. Areas to be fenced
shall include: an exclusion zone of 15m from the boundary of the scheduled area of
Offa's Dyke, and from the conjectured boundary of its likely continuation to the north;
an exclusion zone of 20m from the boundary of Green L odge, an exclusion zone of
10m from the inner edge of the ha ha along the ha ha along its entire length; and an
exclusion zone of a minimum of 10m from the edge of the existing pond and other
features of ecological value. The approved fencing shall be erected before any work
commences and retained until completion of the building works. No work shall be
carried out within these fenced areas without prior consultation and agreement of the
Council.
14.
No development of any kind shall begin until the presence of a contracted
historic garden archaeology specialist has been secured on site according to the
prescriptions set out in a curatorial design brief and approved by the Local Planning
Authority. Access, at any reasonable time, should be given to this archaeologist to
enable the observation and recording of any archaeological remains uncovered during
the development. A report of any archaeological records made must be deposited
with the County Sites and Monuments Record.
15.
Prior to the commencement of development, a comprehensive detailed survey
of the historic landscape by the historic garden archaeology specialist approved under
Condition n14, or other approved specialist, shall be submitted for the further
approval of the Local Planning Authority. This shall include recommendations for
restoration and renovation of historic features to be retained. If further
historical/archaeological features are found during the construction period,
recommendations shall also be submitted for their restoration and renovation, where
appropriate.
16.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved, in writing, by the Local Planning Authority etc. The scheme shall include
timescale or phasing proposals for implementation, any changes to ground levels
(shown by existing and proposed contours or levels, and any existing vegetation to be
removed or retained, proposed advance structural planting, other planting, any means
of enclosure, car parking layouts, access and circulation, hard landscape materials,
minor structures such as refuse and recycling stores, lamp columns, location of
services, drainage including construction of outfalls and culverts, and proposals for
restoration and enhancement of historic landscape features.
17.
The landscape works, including the paving and footpath areas referred to in
Condition 16 shall be completed in all respects within three months of the first use of
Page No 11
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
the buildings included in each phase of the development, with the exception of soft
landscape works which shall be carried out in the first planting season etc.
18.
No development shall take place until details of earthworks have been
submitted to and approved, in writing, by the Local Planning Authority. These details
shall include the levels and contours to be formed and their relationship to existing
vegetation and surrounding landform. Details of soil stripping, storage and
replacement shall be included. Development shall be carried out in accordance with
the approved details.
19.
A landscape management plan, including long term design objectives,
management responsibilities and maintenance schedules for all landscape areas shall
be submitted to and approved in writing by the Local Planning Authority prior to the
occupation of the development or any phase of the development, whichever is sooner,
for its permitted use. The approved landscape management plan shall be carried out
as approved.
20.
The Local Planning Authority shall be given not less than five days notice of
the intended starting date of each phase of the works.
21.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of 1.5 metre high Heras fence or other approved fence
erected at full extent of each tree and shrub. Nothing shall be stored or placed in any
area fenced in accordance with this condition and the ground levels within those areas
shall not be altered, nor shall any excavations be made without the written permission
of the Local Planning Authority.
22.
No trees either existing or planted in accordance with this or a previous
permission shall be lopped, topped, felled or uprooted without the prior written
permission of the Local Planning Authority, nor shall any trees be wilfully damaged.
23.
Protective fencing for the woodland along the western boundary and the
subject of Tree Preservation Order WMBC 175 shall be 2.4m close board fencing and
erected no closer than 1m outside the canopy spready of any tree.
24.
Any facilities for the storage of oils, fuels or chemicals shall be sited on
impervious bases and surrounded by impervious bund walls. The volume of the
bunded compound should be at least equivalent to the capacity of the tank plus 10%.
If there is multiple tankage, the compound should be at least equivalent to the capacity
of the interconnected tanks, plus 10%. All filling points, vents, gauges and sight
glasses must be located within the bund. The drainage system of the bund shall be
sealed with no discharge to any watercourse, land or underground strata. Associated
pipework should be located above ground and protected from accidental damage. All
filling points and tank overflow pipe outlets should be detailed to discharge
downwards into the bund.
25.
Prior to being discharged into any watercourse, surface water sewer or
soakaway system, all surface water drainage from parking areas and hardstandings
shall be passed through trapped gullies with an overall capacity compatible with the
site being drained.
26.
Prior to the commencement of development a detailed scheme for the
treatment of Japanese Knotweed for the disposal of soils affected by Japanese
Knotweed shall be submitted to and approved by the Local Planning Authority.
Page No 12
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
27.
Prior to commencement of the development hereby approved, details of a
habitat and mitigation scheme, which takes into account the ecological interest of the
site, (particularly the bag foraging routes), shall be submitted and approved. This
scheme shall demonstrate how existing features of ecological/wildlife interest will be
protected and managed in the long-term, and how these measures will be secured.
The report must also propose and deliver appropriate conservation schemes and
'Reasonable Avoidance Measures' and be submitted to and approved by the Local
Planning Authority. Any mitigation measures required shall be implemented in
accordance with the timescales to be agreed as part of the measures before
development commences on site.
28.
Prior to the commencement of the development, details of the lighting scheme
shall be submitted and agreed by the Local Planning Authority. The scheme to take
into account the need for natural features to remain as "dark" corridors for use by
foraging bats.
29.
Prior to commencement of the development a satisfactory assessment of road
traffic noise shall be submitted and approved in writing by the Local Planning
Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure that the development fully complies with the appropriate policies
and standards.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
In accordance with the provisions of E2 of the Wrexham Unitary Development
Plan.
5.
To ensure that the site is developed in an orderly and sustainable progression.
6.
To ensure that the proposal is sustainable.
7.
To ensure the formation of a safe and satisfactory access.
8.
To provide adequate accessibility to public transport.
9.
To provide adequate accessibility to public transport.
10.
To provide adequate pedestrian and cycling access to the proposed site.
11.
In the interests of pedestrian safety.
12.
To provide a connection to the Council's proposed cycle network.
13.
To protect Offa's Dyke which is a Scheduled Ancient Monument, historic
landscape features which are within the Wynnstay Estate, and areas of ecological
interest. Also to protect landscape features which are of significant amenity value to
the area and which would help to ensure a satisfactory standard of appearance of the
development.
14.
To enable the observation and recording of any historic
landscape/archaeological remains.
15.
To protect and enhance the character of the historic landscape.
16.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
17.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
18.
To ensure that the works on the site properly take account of the future health
of the trees.
19.
To ensure landscape features are properly considered and protected.
Page No 13
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
20.
To enable the Council to monitor/supervise the landscape works.
21.
To protect trees which are of significant amenity value to the area.
22.
To protect trees which are of significant amenity value to the area.
23.
To protect trees which are of significant amenity value to the area.
24.
To prevent pollution of the water environment.
25.
To prevent pollution of the water environment.
26.
To prevent the spread of an invasive non-native species.
27.
To ensure that the features identified as having wildlife importance are
protected and maintained in the long-term.
28.
To ensure that the features identified as having wildlife importance are
protected and maintained iin the long-term.
29.
To protect residential amenity.
NOTE(S) TO APPLICANT
In relation to Condition 5, the Local Planning Authority would require completion of
four units in each of Phases I and II to qualify as substantial completion.
A S.104 Agreement will be required to take all surface water/roof drainage. In this
instance the Highway Authority will only adopt the gullies and gully connections.
The whole of the Ruabon Business Park is within the Wynnstay Estate, although only
part is included in the CADW/ICOMOS Register of Parks and Gardens of Special
Historic Interest in Wales (Grade 1). The same protection should be afforded to all
historic features regardless of designation. All areas of ecological interest shall be
protected unless otherwise agreed with the County Ecologist.
The Council recommends that archaeological works should be undertaken by a
member of the Institute of Fiel Archaeology. You are advised to contact both the
Council's Archaeology Officer on (01978) 317979 and Clwyd Powys Archaeological
Trust on (01939) 553670, to discuss and agree a brief for the site.
The report required by Condition No. 15 should be deposited with the Clwyd Powys
Archaeological Trust at Welshpool, with copies of the County Archaeologist, CADW
and the Planning Department.
The survey and recommendations required by Condition No 15 should be deposited
with the Clwyd Powys Archaeological Trust at Welshpool, with copies to the County
Archaeologist, CADW and the Planning Department.
You are advised to contact the Council's Landscape Officer to arrange advice for the
preparation of the conditioned landscaping scheme.
With regard to ecological issues, you are advised to contact the Council's Ecology
Officer.
You are advised of the need to ensure that the sewers serving all units are constructed
to a standard whereby they can be adopted by the local Sewerage Undertaker.
Page No 14
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
You are advised the existing woodland on the western boundary is the subject of a
Tree Preservation Order (WMBC 175). Any management works proposed for this
woodland need to be identified in a tree survey and submitted as a separate TPO
application. You are advised to contact the Council's Arboricultural Officer.
Any works affecting or culverting of a watercourse requires the prior written approval
of the Local Authority under the terms of the Public Health Act 1936, and the prior
written consent of the Agency under the terms of the Land Drainage Act 1991/Water
Resources Act 1991. The Agency seeks to avoid culverting, and its consent for such
works will not normally be granted except for access crossings.
All fould drainage, including contaminated surface water runoff, must be disposed of
in such a way as to prevent any discharge to any borehole, well, spring, soakaway or
watercourse, including dry ditches with connection to a watercourse.
Site operators should ensure that there is no possibility of contaminated water entering
an dpolluting surface or underground waters.
Any waste excavation material or building waste generated in the course of the
development must be disposed of satisfactorily and in accordance with Section 34 of
the Environmental Protection Act 1990.
If, during construction/excavation works, any contaminated material is revealed then
the movement of such material either on or off site should be in consultation with the
Agency.
Carriers transporting waste from the site must be registered waste carriers.
The activity of importing waste into the site for use as, for example hardcore, must be
registered by the Environment Agency Wales as an exempt activity under the Waste
Management Licencing Regulations 1994.
The developers should adopt all appropriate pollution control measures, both
underground and on the surface, to ensure taht the integrity of the aquatic
environment, both groundwater and surface water, is assured.
_____________________________________________________________________
Page No 15
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0092
LOCATION:
Land at Francis Lane Holt Wrexham
DATE RECEIVED:
31/01/2005
COMMUNITY:
Holt
DESCRIPTION:
Erection of 17 no. dwellings and
construction of new vehicular and
pedestrian access
CASE OFFICER:
DSW
WARD:
Holt
APPLICANT(S) NAME:
Rofft Devlopments 2000 Ltd
AGENT NAME:
Modular Design AC Ltd
_____________________________________________________________________
P/2005 /0092
P/2005 /0092
THE SITE
An area of 0.67 ha located to the south west of residential development at West End
Court, off Francis Lane. The land is between Francis Lane and Wrexham Road, Holt.
E PA
RK
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PA
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Wrexham Road
4
A 53
Francis Lane
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
As above. This is a detailed planning application with all matters submitted for the
approval of the Council. Outline permission was granted on 28 July 2003.
Page No 16
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
HISTORY
P/2000/0753
P/2001/0712
P/2003/0425
P/2004/0869
Outline application for residential development.
Withdrawn 26.09.00
Outline application for residential development.
Refused 10.09.01
Outline application for residential development and
Construction of new vehicular and pedestrian access.
Approved 28.07.03
Erection of 12 no. dwellings and construction of new
vehicular and pedestrian access. Application withdrawn
01.02.05.
DEVELOPMENT PLAN
The land lies within the settlement limit for Holt and is allocated for housing (Policy
H1) in the adopted Unitary Development Plan. UDP policies PS1, PS2, H1, GDP1
and CLF5 apply. Local Planning Guidance Notes Nos 7, 10, 15, 16, 21.
CONSULTATIONS
Community Council: Object on the following grounds:
i)
Number of houses has increased to 17.
ii)
The type of house is totally out of keeping with
the surrounding housing, most of which are
cottage type.
iii)
Adverse affect upon the village conservation
area.
iv)
Informed that the hedge and stonewalls would be
retained.
Local Member:
Notified 02.02.05.
Highways:
No objections subject to the introduction of traffic
calming measures on Wrexham Road.
CHPPO:
No objections.
Welsh Water:
No objections.
Environment Agency:
No objections.
CPAT:
No objections subject to condition requiring a watching
brief.
Adjoining Occupiers:
One letter received raising the following comment:
i)
Pedestrian access to Francis Lane does not allow
for pedestrian access.
ii)
Request the erection of a 1800mm high brick
wall between the amenity land and the boundary
of 1 and 2 West End Court.
Page No 17
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
SPECIAL CONSIDERATIONS/ISSUES
Policy: This is an application for the approval of reserved matters. The principle of
residential development on this site was established when outline permission was
granted under Code No P/2003/0425 on 15 April 2003. Subject to the proposals
meeting, the detailed technical criteria in UDP Policy GDP1 there can be no
objections on policy grounds.
Layout/Siting: A previous reserved matters application for 12 dwellings was
withdrawn on 1 January 2005. The previous scheme did not reflect the character and
appearance of the area and since then discussions have been on-going with the
applicants to prepare a scheme m ore in-keeping with the traditional building style of
the village. The current scheme consists of single, two and three storey terrace
frontage development facing Wrexham Road. Behind this, the development opens up
into a more conventional cul-de-sac with housing fronting onto a centralised area of
public open space. Whilst it is of a higher density than the previous scheme and
neighbouring development, it meets detailed planning standards in terms of separation
distances and garden sizes. Condition 9 of the outline consent required the density to
be similar to those of adjoining sites. I do not consider the increase on the whole of
the site to be significant. The higher density element is primarily a result of the
terraced form of development on the site frontage. To the rear the layout is similar in
density to those adjoining the site. This density of approximately 10 to the acre is
comparable with existing dwellings off Francis Lane. Whilst dwellings to the north
east are of lower density, the overriding objective in layout and design terms is to
provide a scheme which reflects the style of properties and complements the character
of the Holt Conservation Area. Subject to the use of appropriate facing materials, I
am satisfied with the proposed scale, design and appearance of the house types. The
significant improvement in the design of the dwellings to reflect more traditional
dwellings in the Conservation Area outweighs any slight increase in densities across
the site.
Amenity: The site is bounded on two sides by existing housing. Separation distances
between dwellings both within the site and in relation to adjoining development
comply with the Council’s standards as set out in Local Planning Guidance Note 21.
Where possible, the scheme has been designed to minimise the opportunities for
overlooking. The existing hedge along Francis Lane will be retained. Also, there are
no works proposed to the north eastern boundary with existing residential
development. The position of the public open space area along this part of the site
will afford a reasonable degree of screening. The key visual impact will be from the
south west as you approach the site along Wrexham Road. Subject to an appropriate
condition requiring the approval of appropriate boundary treatment, I do not consider
there will be any adverse visual impact.
Public Open Space: The public open space is centrally located and forms an integral
part of the development. It meets the requirements of Local Planning Guidance Note
No 10 ‘Public Open Space in New Housing Development’. The area contributes to
the character of the development with all dwellings in the cul-de-sac fronting onto it.
It also provides a buffer between existing and proposed development. A Section 106
Agreement will ensure its future maintenance.
Page No 18
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Highways: The development is to be accessed from Wrexham Road which was a
requirement of the outline permission. Visibility from the proposed access does not
comply with TAN 18. Discussions have taken place between the applicants and
Highways and it has been agreed that traffic calming measures should be provided on
Wrexham Road, to enable minimum visibility splays of 4.5m x 45m in both
directions. This will form a condition of any permission granted. A cycleway/
footpaths link through the site to Francis Lane is to be provided. Parking
requirements are satisfied and Highways raise no objections.
RECOMMENDATION A
That the Council enters into an obligation with the applicant under Section 106 of the
Town and Country Planning Act 1990 to secure a financial contribution towards the
maintenance of public open space on-site. The Chief Planning Officer be given
delegated authority to determine the final form and content of the obligation.
RECOMMENDATION B
That planning permission be granted subject to the conditions listed below.
CONDITION(S)
1.
The development hereby approved shall be commenced before 15 April 2006.
2.
The development shall only be carried out in accordance with the amended
plan(s).
3.
No part of the development shall be commenced until samples of all external
facing and roofing materials have been submitted to and approved in writing by the
Local Planning Authority. The development shall only be carried out in strict
accordance with such details as are approved.
4.
The proposed access shall have a visibility splay of 4.5m x 45m in both
directions measured along the nearside edge of the adjoining carriageway over land
within the control of the applicant and/or the Highway Authority. Within the splays
there shall be no obstruction in excess of 1 metre in height above the level of the
adjoining carriageway. The splay shall be provided to commencement of
use/occupation of the development hereby approved and shall thereafter be retained
clear of such obstruction.
5.
No development shall commence until a scheme of traffic calming measures
has been submitted and approved, in writing, by the Local Planning Authority. The
approved scheme shall be implemented prior to the first occupation of any of the
dwellings hereby approved.
6.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. The works shall be
implemented in accordance with a timescale to be approved in conjunction with the
scheme of details.
Page No 19
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
7.
Within six months of the first use of the development, trees and shrubs shall be
planted on the site in accordance with a scheme which has been submitted to and
approved by the Local Planning Authority. Any trees or shrubs removed, dying,
being severely damaged, or becoming seriously diseased within five years of planting
shall be replaced by trees or shrubs of a similar size and species to those originally
required to be planted.
8.
Details of all boundary treatment shall be submitted to the Local Planning
Authority before any part of the development is commenced and the development
shall only be carried out in strict conformity with such details as are thereby approved.
9.
No land drainage run-off will be permitted either directly or in-directly, to
discharge into the public sewerage system.
10.
No surface water shall be allowed to connect (either directly or in-directly) to
the public sewerage system.
REASON(S)
1.
To comply with Section 92 of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development.
3.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
4.
To ensure that adequate visibility is provided at the proposed point of access to
the highway.
5.
In the interests of highway safety.
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.
To prevent hydraulic overloading of the public sewerage system and pollution
of the environment.
10.
To prevent hydraulic overloading of the public sewerage system, to protect the
health and safety of existing residents and ensure no detriment to the environment.
NOTE(S) TO APPLICANT
The accuracy of the detail plans and drawings forming part of the application
documents hereby granted shall remain the responsibility of the developer.
The permission hereby granted does not authorise encroachment upon, or interference
with, the adjoining property.
You should ensure that any difference between the plans approved under the Town
and Country Planning Acts and under the Building Regulations is resolved prior to
commencement of development, by formal submission of amended plans.
The separate written consent of the Local Highway Authority must be obtained before
any work is carried out within the confines of the highway.
Page No 20
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
When preparing detailed drawings and/or implementing this permission you are
advised to give full consideration to the housing needs of the disabled.
There shall be no interference with any public or private right of way within, or
adjacent, to the application site.
_____________________________________________________________________
Page No 21
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0118
LOCATION:
Peugeot Garage Wrexham Road
Rhostyllen Wrexham
DATE RECEIVED:
04/02/2005
COMMUNITY:
Esclusham
DESCRIPTION:
Removal of condition 3 attached to
application P/2003/1101 to allow vehicles
to be displayed within 15m of the
boundary of the site
CASE OFFICER:
SB
WARD:
Esclusham
APPLICANT(S) NAME:
The Dickens Group Of Companies
AGENT NAME:
The Garston Partnership
Mr J Garston
_____________________________________________________________________
THE SITE
An area of land adjacent to the Peugot Garage which has permission to be used as a
vehicle display area. The hatched area refers to the restrictions applied to the display
area.
Site
Area where no
vehicle display
can take place
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
Removal of condition 03 attached to P/2003/1101 to allow vehicles to be displayed
within 15m of the east boundary of the site and within 10m of the south boundary of
the site.
Page No 22
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RELEVANT HISTORY
P/2004/1000
P/2004/0034
P/2003/1101
Erection of steel fencing. Granted 11.10.04
Erection of steel fencing. Refused 29.03.04
Use of land as vehicle display area. Granted 09.02.04
DEVELOPMENT PLAN
Within settlement limit as detailed in the Wrexham Unitary Development Plan. UDP
policy GDP1 applies.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other Representations:
Site Notice:
Consulted 08.02.05
Notified 08.02.05
Consulted 08.02.05
Consulted 11.02.05 & 14.03.05 no feedback.
Expired 03.03.05
SPECIAL CONSIDERATIONS/ISSUES
Background: The site currently has permission as a vehicle display area in
connection with the Peugeot garage adjoining the site to the south. However a
restriction was attached to this permission restricting this use in the far eastern and
southern part of the site. This is shown by the hatched area in the location plan above.
Residential properties adjoin the site to the east and the land to the south is earmarked
for residential development. It was therefore considered essential that that a bufferzone was provided between the vehicle display area and the residential use to prevent
any loss of amenity and to protect existing wildlife interests.
Permission has also been granted for the erection of a palladin fence around the site,
which has a condition requiring it to be positioned at least a metre to the west of the
existing hedge on the east boundary.
Proposal: Permission is sought to reduce the area of restriction for the vehicle
display area from 15m to 9m on the east boundary and from 10m to 4m on the south
boundary. A landscaping scheme has been submitted for the boundary of the site in
order to screen the vehicle display area from the adjoining and future residential
properties. Although this is considerably smaller than what was originally
conditioned, I consider that this would not cause any loss of amenity provided that
these areas are completely restricted from use and are not used by customers walking
around the display area. The existing hedge is also to be retained which protect any
wildlife interest. A condition has been attached to prevent this.
Conclusion: I am satisfied that the amendment to this condition will not cause any
loss of residential amenity subject to the implementation of the planting scheme and
appropriate conditions and therefore recommend that permission be granted.
Page No 23
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
No vehicles shall be displayed within 9m of the eastern boundary of the site
(7m from the fence line approved under P/2004/1000), or within 4m of the southern
boundary of the site and these areas shall remain fenced off from the display area in
accordance with details to be agreed, in writing, by the Local Planning Authority.
2.
Additional planting shall be provided in the area detailed above in Condition
01 in accordance with details to be submitted to and agreed, in writing, by the Local
Planning Authority. The works shall be implemented in accordance with a timescale
to be approved in conjunction with the scheme of details.
3.
Notwithstanding the planting scheme contained within the approved plan, a
revised scheme shall be submitted for further approval by the Local Planning
Authority and shall be implemented in accordance with an approved timescale.
4.
Any trees or shrubs forming part of Conditions 02 and 03 that are removed,
die, become severely damaged or seriously diseased, shall be replaced by trees or
shrubs of a similar size and species and those originally required to be planted.
REASON(S)
1.
To protect existing wildlife interests at the site, and the amenities of nearby
residents.
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 ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
NOTE(S) TO APPLICANT
It is advised that the conditions attached to P/2003/1101 apart from Condition 03, still
apply.
It is advised that the conditions attached to P/2004/1100 relating to the erection of the
paladin fence, still apply.
The revised soft landscaping plan required by Conditions 02 and 03 shall include
additional planting along the east boundary to supplement the existing hedge and shall
include evergreen species.
_____________________________________________________________________
Page No 24
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0263
LOCATION:
Land off Station Road Pentre Broughton
Wrexham
DATE RECEIVED:
10/03/2005
COMMUNITY:
Broughton
DESCRIPTION:
Erection of 69 no. two storey dwellings
with associated road, drainage and
landscaping works
CASE OFFICER:
JM
WARD:
Bryn Cefn
AGENT NAME:
Parry Davies Partnership
APPLICANT(S) NAME:
Gordon Mytton Developments
_____________________________________________________________________
THE SITE
The site is located on the north side of High Street. The site is near the crest of the
hill between Pentre Broughton and Brymbo.
Co un
Co e d y De ry n
cil
es
3
Ho us
3
6
5
19
Public footpath
2
T h e Bry n
1
1
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2061
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3363
Application
site
Ea to n
BM
Ho u s e
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BR
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3
4
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Tip
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R
(d i s u s e d )
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8
25
F e rn l e i g h
Co tta g e s
19
Sh e l te r
Se fto n
BM
5
Ho u s e
1
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26
24
25
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54
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20
m
Black Lane
PROPOSAL
D
O A
A R
ALI
G W
Te lep h o n e
19
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m
1
id
Bu
T h e No o k e ry
OS Crown Copyright. WCBC Licence No. LA09021L
1 .1
2
01
School
elo
Bo d Ma
Po s ts
1
10
ST
B 54
33
ROAD
AT ION
17
El Su b Sta
10
1
7
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w
The
M an
se
P
G
yn
Bry n ti ri o n
Swn -y -g wy n t
As above with exception to the number of dwellings.
Amended plans and further information has been submitted to show alterations to the
layout, and to include additional information regarding levels. The number of
dwellings has been reduced from 74 to 69 dwellings. The position of the children’s
play area has been altered to be more central within the main POS area. The link to
Penrallt is for emergency use only, and the plans demonstrate how this will be
controlled.
Page No 25
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RELEVANT HISTORY
P/2003/1409 Outline application for residential development and construction of
new vehicular and pedestrian access. Granted 5.4.04. Access was not
reserved, and the plans indicated access from High Street.
P/2004/1557 Erection of 74 dwellings. Withdrawn 1.2.05
DEVELOPMENT PLAN
The site lies within the settlement limits as defined in the Wrexham Unitary
Development Plan. Part of the site is allocated as a housing area (Site 8). Policies
PS1, PS2, PS4, GDP1, GDP2, H1 (Site 8), H2, H7, EC4, EC11, CLF5, CLF6 and T8
are relevant, as are Local Planning Guidance Notes 10, 16, 21, 22, and 28
CONSULTATIONS (based upon original plans)
Community Council:
Local Member:
:Education
CCW:
CPAT:
Airbus UK
WW:
Consulted 10.3.05
Further details are required. New profiles of the tip have
not been submitted. Details regarding how slurry from the
tip will be dealt with should be available. The effects of
the development on the footpath, and details of the
emergency access should be submitted.
There is more than sufficient surplus of places in local
schools to accommodate children from the new estate.
No statutory sites of ecological, geological and/or
geomorphologic interest are likely to be affected by the
scheme. The site has potential to support species of
amphibian, bird or mammal protected under the provisions
of the Wildlife and Countryside Act 1981 and EC Habitat
and Species Directive. If species are present, appropriate
proposals should be submitted to deliver suitable
safeguards.
The design of the site should consider the provisions of
Regulation 37 of the Conservation (Natural Habitats & c.)
Regulations 1994, to provide wildlife corridors and green
wedges to function as wildlife stepping stones
The site includes the former Black Lane Colliery which
developed in the late 19th century and continued to be
profitable into the early 20th century. It has been largely
demolished but extensive sub surface remains are expected
to survived, including remains of engine house, fan house
and winding house, and other structures of archaeological
interest. The development will disturb such remains, and it
is impossible to estimate how damaging this might be.
More information regarding the archaeological resource is
required, and the application should not be determined until
this has been properly evaluated.
No objections
Consulted
Page No 26
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Public Protection:
Housing:
Chief Env Officer:
EA:
Highways:
Access Group:
Press Notice:
Site Notice:
Other representations:
Contamination condition is required.
Affordable housing is required.
The perimeter of properties which abut the POS should be a
brick wall or similar in order to reduce the risk of future
damage.
The play area leaves little in the way of a buffer zone
between the activity zone and the boundaries of the
property. 20m minimum is required. The play area is in a
secluded position, and it would be better sited on a flat
section within the larger POS area, where it would be more
visible and accessible. Details of the play equipment
should be submitted.
Consulted
Should be refused. There is a shortfall in parking
provision. Turning heads for plots 9, 37 and 41 need to be
increased. The change in the horizontal alignment by plot
26 is unnecessary. Visibility is inadequate for the cul-desac opposite plot 26. No details regarding traffic calming
measures for Station Road has been submitted. The
footpath link between the public footpath and Woodland
Road is inadequate. Supplementary notes 1,2,3,4 & 5 are
relevant.
Apart from house type E, all the ground floor WC require
enlargement. Type G requires ramped or level access.
Type A requires a 900mm clear width ramp. Disability
Access Statement required.
Expired 15.4.05
Expired 5.4.05
25 neighbours notified, and 9 letters received raising the
following concerns:
1. Emergency access will turn into a through road. No
more traffic should be allowed along Penrallt. The size
of the development is at least twice the size of Penrallt
and therefore the traffic could be three times as much as
already. Penrallt is used as a play area, and parents can
see them and this should continue. The children also
cross to the site to play, and this will be lost. The
emergency access should be from Woodlands Road.
The bollards would be removed after a while, and the
road would become a through access.
2. Lack of facilities in the area. There is one Spar shop
which cannot cope with all the cars and lorries parked
outside. Schools are overflowing. The local doctors
has closed and has moved to Gwersyllt. Services
cannot cope with growing population. The school will
not be able to take a huge increase in pupil numbers.
3. What will happen to the bank? This provides privacy
for existing occupiers in Penrallt. How will privacy be
protected?
Page No 27
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
4. Loss of wildlife. Consideration should be given to
wildlife. The area is rich is wildlife.
5. Increased noise and pollution.
6. The land fronts High Street and not Station Road.
7. Black Lane school is located opposite and therefore the
development will disrupt the parents who have children
attending the school.
8. Foundations of adjacent houses will be disturbed.
9. If the colliery is to be removed, the existing
infrastructure is insufficient to deal with the lorries, or
delivery lorries for the development.
10. Foundations in nearby houses will be affected by the
development. There are many mining shafts in the area,
and if disturbed, the ground could become unstable.
Likewise the levelling off or removal of the tip could
cause issues of contamination, unstable ground or
subsidence in relation to the houses below the site.
11. It is unclear from the application whether the houses
will be for private or council use.
12. The number of houses proposed for the site are
excessive.
13. Houses in the area are unaffordable.
14. Congestion of the area is an issue.
15. The emergency access will be blocked by parked cars.
16. The footpath by the bus shelter will cause a hazard for
children coming out onto a busy road.
17. Too many houses have been built in the area. New
dwellings are being condensed into areas within the
village without regard for the hillside and its wildlife.
18. The development will undermine the character of own
home.
19. The houses will be sited on a steep hill, and these will
be overbearing
20. Drainage issues will result
21. Loss of light.
22. Loss of privacy and peace and quiet.
23. Increased usage of the public footpath.
24. The Planning Committee should visit the site.
25. Congestion in the area is becoming intolerable.
Consultations in respect of amended plans
Community Council:
Local Member:
Highways:
Consulted 19.5.05
Notified 18.5.05
Further details regarding the traffic calming scheme for
High Street/Station Road is required.
The Highways Authority will not want the
responsibility of maintaining a hedge adjacent to the
public footpath.
Page No 28
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Other representations:
The suitability of the new bus stop location is not
confirmed.
Based on plans submitted on 17.5.05, the scheme does
not provide adequate off street parking for 19
properties. Only 2 spaces are proposed, whereas the
houses are 3 bed, and therefore 3 spaces are required.
The width of some of the driveways need to be
confirmed.
14 neighbours notified 19.5.05
SPECIAL CONSIDERATIONS/ISSUES
Policy: The site is within the settlement limits as defined in UDP and the site has
outline planning permission for residential. Although the current application has not
been submitted as Reserved Matters, the principle of housing development for the site
has been approved. This is a brownfield site within the settlement limit. The access to
the site from High Street was supported subject to a traffic calming scheme.
Amended plans: Since the submission of the application, amended plans have been
submitted. These plans have made alterations to number of houses, and this has
necessitated some alterations to the layout of the site. As a result further consultations
are necessary, and the results will be reported in the addendum. If significant new
issues are raised, the application may need to be deferred to allow further these
matters to be considered.
Alterations to the tip: In order to carry out appropriate contamination remediation
works and to improve ground levels for the development, the height of the existing tip
(near High Street) is intended to be reduced by 6 or 7 m in places. The sides of the
existing tip will be re-profiled to give a more stable gradient, and it will be landscaped
to form a POS area. Some of the spoil from this area will be redistributed within the
site in a controlled earthworks operation, and some spoil will need to be removed
from the site. Full details of existing and some of the proposed contours have now
been submitted, and the impact of the revised landform in relation to Penrallt
properties is acceptable. However it is noted that the area closest to the Penrallt will
become a POS area, and it is important that their privacy is protected, and therefore
planting and landscaping proposals are required. The proposed provision of a
footpath across this adjacent area is to be located well away from the boundary with
the houses, and therefore the provision of this path is not an issue providing the
planting is carried out in between.
As a result of the ground work, there is a possibility that noise and dust could be an
issue. The applicant has confirmed that whilst this ground work is progressing, dust
will be suppressed by standard earthwork procedures such as damping down the
exposed surfaces with a water browser kept on site at all times during the earthworks.
In the event that the works are carried out when it is wet, the developers have noted
that it might be necessary to control any water flowing from the tip. Accordingly it is
proposed that temporary drainage grips (channels) at the base of the tip are cut, and
Page No 29
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
these will collect into existing stone drains at the base of the tip. The consultants do
not envisage that this will be a problem as all present water falling on the tip follows
this course.
The reduced form of the tip will be sealed by compacting layers of spoil and
channelling any water flows down the tip into drains that will be constructed at the
base of the tip.
Affordable Housing: Given the scale of the development, an element of affordable
housing is required. The outline planning permission did not include a planning
condition regarding affordable housing but it was noted that an element of affordable
housing is likely to be required as the detailed scheme was likely to exceed 25 homes.
The latest planning application has been submitted for full planning permission, and
therefore policy H7 is relevant. Whilst I accept that the actual percentage was not
included in the outline, the 25% amount has been a figure that has been quoted by the
planning department for some time. In accordance with normal practice a legal
agreement covering this issue must be included if all other matters of the scheme are
acceptable.
Emergency Access onto Penrallt: The amended plans indicate that the emergency
access is narrowed to 3m and bollards will be constructed at the point where the
access links to Penrallt. Planning conditions can be imposed to ensure that the access
is used for emergency use only, and the link would need to form part of the highway
adoption. Pedestrian access should be allowed as this would allow residents in
Penrallt to access the proposed POS area, which also includes a nearby provision of
children’s play equipped area.
Although the nearby area of Penrallt is used as a parking area for residents, this is not
a reason as to why the emergency access cannot be provided, and traffic control
measures may prove necessary if the access is regularly blocked.
Parking: A number of terraced properties within the site (19 no) do not have offstreet parking facilities which accord with LPG 16, and no supporting information.
Which would show the scale of journeys to the site, and whether these journeys
exceed the proposed parking provision. Therefore the scale of these properties will
need to be reduced from 3 to 2 bed properties. A letter has been received from the
applicant to confirm that that this will be the case.
Local facilities: In respect of school places, Education has advised that there is more
than sufficient surplus of places in local schools to accommodate children from the
site.
In terms of shops and other local facilities, it is noted that the UDP does not
discourage the establishment of commercial uses within the settlement area. It is
unfortunate that there are not many facilities within this part of the village, but this
cannot be raised as a reason for refusing planning permission in this instance. The
development may encourage provision by the private sector.
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REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Archaeology: The site contains the former Black Lane Colliery and CPAT have
requested that the site be investigated before planning permission is granted. In view
that there is an existing outline planning permission for the site and no archaeology
condition was imposed, it is not possible to defer a decision on this basis. It is
however important for the archaeology of the site to be recorded and therefore works
should only proceed once a curatorial brief has been prepared and the works carried
out in accordance with the brief. Planning conditions are required.
Visual effect of houses in relation to Woodlands Road: The proposed houses
nearest this boundary will be set back from this boundary by ??~~m. This is a
substantial distance and although these houses will substantially higher than
Woodlands Road, the resulting gap will give scope for landscaping, and design details
the size and treatment of patio areas has been requested to allow further landscaping
details to be considered. It is also noted that the style and character of houses in
Pentre Broughton is very mixed, and it is fairly typical for properties to occupy
elevated positions. It is also proposed that a new hedgerow is established along this
road boundary and the adjacent to the footpath, and these features will help soften the
visual impact from below.
Public Footpath: There is a public footpath along the northern edge of the site, and
this will remain. In accordance with policy CLF6 of the UDP rights of way should be
protected, maintained and improved. Based upon the original submission, the rear
boundary of plots backing onto this path were too close, and the proposed fence
would not have protected or enhanced this path. The amended plans now show an
improved amenity strip adjacent to the path, and it is proposed that a hedgerow will be
planted to the side. The amenity strip should allow enough room for maintenance
vehicles, and depending upon the hedgerow type, this hedging will provide useful
security measure for the new properties backing onto this path. Based upon this detail
should ensure that the path is protected and enhanced, although the long term
management of this hedge and who will responsible will still need to be agreed.
It is also proposed that pedestrian links will be provided to this public footpath and
one of these pathways will allow scope to help act as a natural stepping stone for
wildlife from the POS area to the wider countryside.
Sustainability: Despite requests during a pre application stage, the application is still
not supported with a worthwhile statement on sustainable development. The checklist
as required by LPG note No. 22 has not been submitted, and therefore it is unclear
how the development will be sustainable. This information has been requested and if
available before your meeting it will be included as part of the addendum.
It should be noted as part of the proposals, that the layout will generally achieve good
solar gain, and the layout ensures that there is good permeability within the site, and
the pathways give good access to local bus routes. However the sustainable checklist
covers other issues, e.g. the six key sustainable planning principles as outlined in the
LPG. And therefore further information is necessary, and a planning condition is
required to ensure that this issue is satisfied.
Page No 31
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Conclusion: On the basis of amended plans and a satisfactory sustainability
appraisal the proposed development is acceptable and satisfies the policies of the
UDP.
RECOMMENDATION A
That the Council enters into an obligation under Section 106 of the Town and Country
Planning Act 1990, requiring:a) That 25% of the total number of dwellings on the site, and on plots to be agreed,
be subject to a legal agreement made under Section 106 to ensure affordability in
perpetuity. The affordable housing provision should be for a mix of tenures,
social rented and shared ownership should meet the appropriate criteria for shared
ownership. Such property shall meet the requirement for affordability in
perpetuity. Priority shall be given to applicants who already feature on a Council
or Registered Social Landlord waiting list who can be defined as ‘local’ in the
context of the site.
b) That a commuted sum be paid for the maintenance of the public open space areas
in accordance with Local Planning Guidance Note No 10.
RECOMMENDATION B
That permission be Granted on completion of the obligation subject to the following
conditions:P/2005 /0263
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
3.
No development on site shall commence until full details of all sustainable
development measures for the site/development have been submitted to and approved
by the Local Planning Authority. Those details, as approved, shall be fully
implemented as part of the development, in accordance with timescales to be agreed
in writing.
4.
Before development commences further details of relocated bus stop shall be
submitted to and approved by the Local Planning Authority. The bus stop as
approved shall be fully provided before any dwellings are first occupied.
5.
The proposed vehicular access and roadway leading into the site shall be fully
constructed to an adoptable base coat standard for a distance of 15m from its junction
with High Street before any development commences on site, other than works
required for the construction of the access. The access to be formed shall be kept
clear of any obstruction whilst any development work is progressing within the site.
Reason In the interests of highway safety
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REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
6.
Before any development commences on site a traffic calming scheme for the
highway (High Street) that is affected by the visibility splay requirements for the new
access shall be submitted to and approved by the Local Planning Authority. The
scheme as subsequently approved shall be fully implemented in accordance with time
scales to be agreed in consultation with the Highways Authority, and shall be fully
implemented before any dwellings are first occupied at the site.
7.
Development shall not begin on site until a scheme to deal with potential
contamination at the site has been submitted to and approved in writing by the Local
Planning Authority. This scheme shall include a phased investigation approach to
identify the extent of contamination and any measures required to remediate the site,
including post-development monitoring. Where remediation works are required, the
development shall not be occupied/used until a Validation Report to show that the
works have been satisfactorily carried out has been submitted to and approved in
writing by the Local Planning Authority.
8.
No part of the development shall be commenced until samples of all external
facing 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.
9.
The erection of fencing for the protection of trees and shrubs shall be
undertaken before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. The above
mentioned fencing shall consist of 1.5 metre high chestnut paling fence or other
approved fence erected at full extent of each tree and shrub. Nothing shall be stored
or placed in any area fenced in accordance with this condition and the ground levels
within those areas shall not be altered, nor shall any excavations be made without the
written permission of the Local Planning Authority.
10.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. The works shall be
implemented in accordance with a timescale to be approved in conjunction with the
scheme of details.
11.
The open amenity areas indicated on Site Layout Plan No 4530/1 Rev C shall
be completed to a standard indicated in writing by the Local Planning Authority as
suitable for adoption as public open space prior to occupation of any dwelling erected
on the site and shall thereafter be maintained to that standard for a minimum period of
one year.
12.
The existing access onto High Street as shown on the application
documentation shall be stopped-up/permanently closed before any development
commences on site, unless required to implement the construction of the new
vehicular access to for the development in accordance with condition 5 of this
permission.
13.
The existing access onto High Street as shown on the application
documentation shall be stopped-up/permanently closed before any development
commences on site, unless required to implement the construction of the new
vehicular access to for the development in accordance with condition 5 of this
permission.
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REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
14.
Details of the play equipment and its enclosure shall be submitted to and
approved by the Local Planning Authority before any dwellings are first occupied on
the site.
15.
Precise details of the profile of the main public open space area shall be
submitted to and approved as part of Condition 10.
16.
Before development commences details of the long term management of the
hedgerow to be grown along the northern edge of the site shall be submitted to and
approved by the Local Planning Authority.
17.
The vehicular access onto Penrallt shall only be used form emergency
purposes only, and the details to prevent unathorised access as shown on the approved
plans shall be permanently maintained.
18.
Full design details of the proposed natural stone wall to be erected adjacent to
High Street shall be submitted to and approved by the Local Planning Authority, and
the wall shall be fully completed before any dwellings adjacent to this wall are first
occupied.
19.
No development shall take place within the site until the applicant has secured
the implementation of a programme of archaeological work in accordance with a
written scheme of investigation which has been approved in writing by the Local
Planning Authority.
20.
The developer shall afford access to the site at all reasonable times to an
archaeologist agreed in writing with the Local Planning Authority not less than three
weeks before the date of commencement of development. The archaeologist shall be
allowed to observe the excavations as they are carried out and to record items of
archaeological interest and finds.
21.
No dwellings shall be occupied unless visibility splays measuring 4.5m x 45m
are provided in either direction of the proposed vehicular access point onto High
Street. Within the splays to be formed, nothing shall erected or allowed to grow to
height exceeding 1.0m above the level of the adjoining carriageway.
22.
The dust control measures as confirmed within the letter dated 6.5.05 from
Groundsolve Ltd as part of the application documents shall be fully implemented as
part of the development, until such time that the exposed areas are landscaped in
accordance with details to be approved as part of conditions 10 and 11.
23.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no buildings (including extensions, sheds,
greenhouses, outbuildings etc) shall be erected on the site without the prior written
approval of the Local Planning Authority.
24.
Notwithstanding the surface water drainage details submitted as part of the
application, further details shall be submitted to and approved by the Local Planning
Authority. The details as subsequently approved shall be fully implemented as part of
the development, and shall thereafter be maintained.
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 that the development is sustainable and to accord with the Council's
policies on sustainable development.
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REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
4.
To ensure that adequate accessibility to public transport is maintained in close
proximity to the site.
5.
In the interests of highway safety.
6.
To ensure that traffic speeds in close proximity to the new access are reduced
to ensure that visibility at the new access point is suitable in the interests of highway
safety.
7.
To ensure that the amenities of future occupiers are adequately protected given
contamination issues at the site.
8.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
9.
To protect trees which are of significant amenity value to the area.
10.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
11.
To ensure that public open space is provided and maintained in the interests of
amenity of residents.
12.
In the interests of highway safety.
13.
To ensure that the privacy of adjacent occupiers are protected.
14.
To ensure that these facilities are suitable for the scale of the development, in
the interests of the amenities of new occupants of the estate.
15.
To ensure that the appearance and functional use of the open space area is
controlled.
16.
To ensure that the hedgerow is maintained, in the interests of the visual
amenities of the area.
17.
To prevent unauthorised vehicular access to the adjacent estate in the interests
of the amenities of residents living in Penrallt.
18.
In the interests of the visual amenities of the area.
20.
This is a non-standard reason
21.
To ensure that visibility is provided and protected at the proposed access to the
site, in the interests of highway safety.
22.
To protect the amenities of nearby residents.
23.
In the interests of the health and safety of future occupiers of the development.
24.
The submitted details are insufficient to determine whether the use of
soakaways will affect the water environment. Therefore further details are required in
order to prevent pollution of the water environment.
NOTE(S) TO APPLICANT
You are advised that the traffic calming scheme will need to ensure that traffic speeds
are reduced to 25mph, and is likely to involve at least 3 or 4 speed cushions. For
further information contact the Highway Authority.
Further advice on compliance with Condition No. 7 may be obtained by contacting
the Council's Environmental Protection Section on Wrexham 297041.
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
Page No 35
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
work you undertake on the development subject of this permission would not have
planning permission.
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 by the applicant. 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.
All works, ancillary operations and the use of plant and machinery which are audible
at the site boundary should be carried out only between 07.30 hours to 19.30 hours
Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays, and at no time
on Sundays or Bank Holidays.
There shall be no bonfires on the site, to include the prohibition of the burning of
cleared vegetation.
Should the site contain any protected species under the provisions of the Wildlife and
Countryside Act 1981 (as amended) and the EC Habitats and Species Directive 1992
(as implemented in Great Britain by the Conservation (Natural Habitats & c.)
Regulations 1994), development can only proceed after an appropriate licence has
been issued by the Welsh Assembly Government (WAG).
_____________________________________________________________________
Page No 36
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0265
LOCATION:
Land At The Former Bungalow Ivy Mount
Wheatsheaf Lane Gwersyllt Wrexham
DATE RECEIVED:
10/03/2005
COMMUNITY:
Gwersyllt
DESCRIPTION:
Outline application for residential
development
CASE OFFICER:
SB
WARD:
Gwersyllt West
APPLICANT(S) NAME:
Wrexham County Borough Council
AGENT NAME:
Property Planning Services
B Wallace
_____________________________________________________________________
THE SITE
An area of land measuring approximately 0.22 hectares, which includes the site of
dwelling and its surrounding garden. The site is surrounded by residential properties.
Pe n y b ry n
ef
Pe n n a n t
D
Site
S
S
MEW
AF MEW
SHE AF
WHEAT
1
17
Ha fo d
14
FF
12
sho e
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e
7
Ho rse
G
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W h e a ts h e a f In n
RH
37
FW
31
7
12
8
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11
9
Vi ew
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25
27
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Access
1
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23
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OO
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Iv y M o u n t
el
PC
68
El
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1
58
56
A s h B ry n
64
11
60
66
52
d
As above.
HISTORY
None.
th
8
17
2
PROPOSAL
W ea
1
tfiel
13
el
Aw
W es
e
n
B ry
OS Crown Copyright. WCBC Licence No. LA09021L
on
er st
3
Wheatsheaf Lane
10
62
1
s
RH
T h e Bu n g a lo w
e
FF
h iv
la
V il
(PH)
Page No 37
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within recognised settlement limits as detailed in the Wrexham Unitary Development
Plan. Policy GDP1 and Local Planning Guidance Notes 16 and 21 apply.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Welsh Water:
Public Protection:
Other Representations:
Site Notice:
Consulted 14.03.05
Concern about the access onto Wheatsheaf Lane, which is
very busy. Further development will add to the congested
highway problems.
No objection subject to conditions and a limit to number of
units to three.
Scheme to deal with foul and surface water required.
Contamination survey required.
Three objections raising the following issues:
 The closeness of the access to Ivy Mount Cottage,
will have an impact upon the safety, health and
privacy of the owner/occupier of this property.
 If the detailed proposal will be for a number of
dwellings, this would create a large volume of
traffic and the need for parking, which will
exacerbate the current parking problems on
Wheatsheaf Lane.
Expired 07.04.05
SPECIAL CONSIDERATIONS/ISSUES
This is an outline application for residential and all matters have been reserved for
subsequent approval.
Policy: The site lies within recognised settlement limits as detailed in the Wrexham
Unitary Development Plan. There are therefore no objections in principle to
development. The main issues to consider therefore relate to the capability of the site
to support residential development without having a detrimental impact upon
residential amenity, highway safety, or the appearance of the area.
Residential Amenity: All matters have been reserved for subsequent approval and
details such as design and appearance and the effect upon residential amenity will be
dealt with at the full application stage. However, the site is large enough to support
further dwellings without compromising existing residential amenity.
Highways: Highway advice suggests that the site could accommodate three
dwellings in addition to the two existing dwellings that are served by the access
provided that it is increased in width. Such a development would therefore result in
five dwellings being served from a private drive. It is not possible to improve the
access to an adoptable standard to allow any further dwellings to be built. Traffic
calming is present on Wheatsheaf Lane which means that traffic speeds are likely to
be below the level that would allow a visibility splay that complies with TAN18.
Page No 38
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Conclusion: The site is large enough to support additional dwellings without having
a detrimental impact upon residential amenity and subject to compliance with access
conditions, I recommend that permission be granted.
4 /1571
P/2005 /0265
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local Planning
Authority before any part of the development is commenced:
a. the siting of the building(s)
b. the design of the building(s)
c. the external appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1 (above)
shall be submitted in writing to the Local Planning Authority before the expiry of
three years from the date of this permission. The development shall only be carried
out in strict conformity with such details as are thereby approved.
3.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission or two years from the date of approval of the
last of the reserved matters required to be approved, whichever is the later.
4.
Development shall not begin on site until a scheme to deal with potential
contamination at the site has been submitted to and approved in writing by the Local
Planning Authority. This scheme shall include a phased investigation approach to
identify the extent of contamination and any measures required to remediate the site,
including post-development monitoring. Where remediation works are required, the
development shall not be occupied/used until a Validation Report to show that the
works have been satisfactorily carried out has been submitted to and approved in
writing by the Local Planning Authority.
5.
Vehicle parking and turning facilities shall be provided within the curtilage of
the site in accordance with details to be submitted for further approval. Such facilities
shall be made available for those purposes prior to the first occupation of the
building(s) hereby permitted and shall thereafter be retained.
6.
The reserved matters application shall include details of all boundary
treatments.
7.
Visibility from the proposed access shall be a minimum of 2.4 x 45m in both
directions, measured along the nearside edge of the adjoining highway within which
there shall be no obstruction to visibility in excess of 1.05m in height.
8.
The existing access shall be increased to a minimum width of 4.1m and such
details shall be included within the reserved matters application.
9.
This permission shall permit the erection a maximum of three dwellings.
Page No 39
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
2.
To comply with Section 92 of the Town and Country Planning Act, 1990.
3.
To comply with Section 92 of the Town and Country Planning Act, 1990.
4.
In order to ensure that any potential contamination issues are adequately dealt
with.
5.
To provide for the loading, unloading, parking and turning of vehicles clear of
the highway and to ensure that reversing by vehicles into or from the highway is
rendered unnecessary in the interest of traffic safety.
6.
To protect residential amenity and to ensure a satisfactory appearance of the
development.
7.
To ensure that adequate visibility is provided at the proposed point of access to
the highway.
8.
To ensure the formation of a safe and satisfactory access.
9.
The site would be served by an unadopted road which is only capable of
supporting five dwelling units.
_____________________________________________________________________
Page No 40
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0280
LOCATION:
55 Nant Y Gaer Road Llay Wrexham
DATE RECEIVED:
14/03/2005
DESCRIPTION:
Outline application for residential
development, construction of new
vehicular and pedestrian access and
alteration to existing vehicular and
pedestrian access (amendment to
P/2004/0560)
COMMUNITY:
Llay
WARD:
Llay
CASE OFFICER:
SB
AGENT NAME:
Mr Kevin Burgess
APPLICANT(S) NAME:
Mr Kevin Burgess
_____________________________________________________________________
THE SITE
An area of land measuring approximately 350 square metres, which forms the rear
garden of 55 Nant y Gaer Road. A private access road bounds the site to the north
and open fields lie directly opposite the site also to the north.
Site
Access
Glan Alyn
5
2
55
13
P e n tw m p a th
Pentwmpath Farm
Nant y Gaer Road
18
OS Crown Copyright. WCBC Licence No. LA09021L
20
PROPOSAL
This is an amendment to an outline application (which was allowed on appeal) to alter
the position of the vehicular access.
Page No 41
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
HISTORY
P/2004/0560 – Outline application for residential development. Refused 09.06.04.
Allowed on appeal 22.12.04
DEVELOPMENT PLAN
Within settlement limits in the Unitary Development Plan. Policy GDP1 and Local
Planning Guidance Notes 16 and 21 apply.
CONSULTATIONS
Community Council:
Local Members:
Highways:
Other representations:
No adverse comments.
No observations.
No objection subject to conditions.
Three objections raising the following issues:
Site Notice:
The garden area would be over-developed.
It is undesirable back-land development.
It will lead to a deterioration in property values.
It will not comply with PS4 (a) and GDP1 (a) of the
Wrexham Unitary Development Plan.
The land was designated as garden land only.
It will prejudice the existing amenity enjoyed by adjacent
residents.
It will compromise the existing residential environment.
Expired 10.04.05
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an application to amend the proposed point of vehicular access
on an outline application, which was allowed on appeal. The principle of residential
development has therefore been established and is not for consideration as part of this
proposal. The main issue relates to the suitability of the altered means of vehicular
access and how this may impact upon the existing dwellinghouse.
Residential Amenity: The revised access is intended to run alongside the existing
vehicular access to 55 Nant y Gaer Road. This will also mean that the access will run
alongside the rear garden area of this property. Although in most circumstances such
driveways would not normally be allowed, it is not considered that it would cause any
additional disruption to the owner/occupiers of this property than the existing private
road, which currently runs alongside the garden area.
Access: Highway advice indicates that there are no objections to the revised position
of the access, provided that sufficient turning space is provided within the site and
provided that any detailed proposal ensures that there is adequate visibility. This has
been based upon traffic speed surveys that were carried out to demonstrate that
vehicle speeds being well below the speed limit. Relevant conditions have been
added with this respect.
Page No 42
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Conclusion: The revised access is considered acceptable and I therefore recommend
that permission be granted.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
Approval of the following details shall be obtained from the Local Planning
Authority before any part of the development is commenced:
a. the siting of the building(s)
b. the design of the building(s)
c. the external appearance of the building(s)
d. the means of access to the site and building(s)
e. the landscaping of the site.
2.
Plans and particulars of the reserved matters referred to in condition 1 (above)
shall be submitted in writing to the Local Planning Authority before the expiry of
three years from the date of this permission. The development shall only be carried
out in strict conformity with such details as are thereby approved.
3.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission or two years from the date of approval of the
last of the reserved matters required to be approved, whichever is the later.
4.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no extensions or additions to the dwelling shall
be built, erected or constructed.
5.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no buildings (including any sheds, greenhouses,
outbuildings etc) shall be built, erected, or constructed on the land.
6.
Vehicle parking and turning facilities shall be provided within the curtilage of
the site in accordance with details to be submitted for further approval. Such facilities
shall be made available for those purposes prior to the first occupation of the
building(s) hereby permitted and shall thereafter be retained.
7.
The reserved matters application shall include details of all boundary
treatment.
8.
Access onto Nant y Gaer Road shall have a visibility splay of 2.4 x 23m in a
southerly direction to the nearside kerb edge of the adjoining carriageway within
which there shall be no obstruction in excess of 1.05m in height.
9.
Access onto Nant y Gaer Road shall have a visibility splay of 2.4 x 25m in a
notherly direction to the nearside kerb edge of the adjoining carriageway within which
there shall be no obstruction in excess of 1.05m in height.
10.
Facilities shall be provided for the turning of vehicles for the existing dwelling
in accordance with details to be submitted as part of the reserved matters and shall be
constructed and made available for use before the first occupation of new dwelling
and shall thereafter be permanently retained for such purpose free of all obstruction.
Page No 43
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
11.
The access shall be hard paved for a distance of 5m behind the highway
boundary and shall be provided before the first use of the dwelling and thereafter
permanently retained for such use.
12.
The proposed driveway shall have a minimum of 4.1m in width.
REASON(S)
1.
To comply with the provisions of the Town and Country Planning (General
Development Procedure) Order, 1995.
2.
To comply with Section 92 of the Town and Country Planning Act, 1990.
3.
To comply with Section 92 of the Town and Country Planning Act, 1990.
4.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development is
carried out without the permission of the Local Planning Authority.
5.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development is
carried out without the permission of the Local Planning Authority.
6.
To provide for the loading, unloading, parking and turning of vehicles clear of
the highway and to ensure that reversing by vehicles into or from the highway is
rendered unnecessary in the interest of traffic safety.
7.
To ensure a satisfactory appearance of the development and protect privacy.
8.
To ensure the formation of a safe and satisfactory access in the interests of
highway safety.
9.
To ensure the formation of a safe and satisfactory access in the interests of
highway safety.
10.
To ensure that reversing of vehicles into or from the highway is rendered
unnecessary in the interests of highway safety.
11.
To ensure that no material is carried onto the highway.
12.
In the interests of highway safety.
_____________________________________________________________________
Page No 44
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0287
COMMUNITY:
Glyntrian
LOCATION:
Maenheli 1 Castle Mill Chirk Wrexham
DESCRIPTION:
Provision of storage sheds (in retrospect)
DATE RECEIVED:
14/03/2005
CASE OFFICER:
SJG
APPLICANT(S) NAME:
Mrs Heather Vaughan Jenkins
WARD:
Ceiriog Valley
AGENT NAME:
Mrs Heather Vaughan
Jenkins
_____________________________________________________________________
THE SITE
The site is on the south side of the B4500 3km west of Chirk on the north side of the
Ceiriog. The site is a portion of garden for the existing semi-detached dwelling at 1
Castle Mill, linked to the dwelling by a path. The larger of the two sheds is
approximately 5 metres by 10 metres and adjoins the highway boundary. The smaller
shed is behind this shed and is a normal domestic structure. Both are timber clad with
dark grey felt roofs.
106.5m
B4500
buildings
access
Sinks

99.6m
1
3
BM 98.70m
4
5
Castle Mill
Ceiriog
OS Crown Copyright. WCBC Licence No. LA09021L
103.9m
PROPOSAL
Is for retrospective permission for the erection of two sheds, erected following a
recent fire. The buildings are to be used for storage and as a stable.
Page No 45
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RELEVANT HISTORY
5/5676 Dwelling
Refused 4/5/1982
DEVELOPMENT PLAN
The site lies outside the settlement limits in the Unitary Development Plan and is
within a Special Landscape Area. Policies EC5 EC12 and GDP1 of UDP are relevant.
CONSULTATIONS
Glyntrain C Council:
Chirk Town Council:
Local Member:
Highways:
Env Agency:
Site Notice:
Other representations:
Concerned at possible business use and dangerous access
No objection
Consulted 15/3/2005
Existing access to B4500 is substandard and dangerous.
However as it is existing, cannot object to this application.
No objection. Site is within zone B as defined in TAN15
but development has already taken place and development
is low risk. Applicant should be advised of potential flood
risk
expired 11/4/2005
Adjoining occupiers notified 18/3/2005
1 letter received:
a. no objection subject to any business use and control of
noise to reasonable levels.
b. Eyesore has been removed by removal of old structures
c. Deliveries, parking and van loading already cause
problems in the area and should not be allowed to grow.
SPECIAL CONSIDERATIONS/ ISSUES
Policy: No objections
Impact on amenities of the locality: The new structures are in keeping with the
character of the locality and will benefit from improved screening as the hedges grow
back. Whilst they are larger than the former structures they are not intrusive and are
appropriate to a garden area attached to the dwelling. A condition is proposed to
restrict any business use.
Highway safety: The existing access is poor but no increase in usage is proposed and
I cannot recommend a refusal on that basis. The usage should be restricted to be
ancillary to the adjacent dwelling.
RECOMMENDATION
That permission be GRANTED
Page No 46
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CONDITION(S)
1.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
2.
The building shall only be used for purposes ancillary to the use of the
dwelling at 1 Castle Mill as a single dwelling house and nor no other purpose.
REASON(S)
1.
To ensure that the development fully complies with the appropriate policies
and standards.
2.
A commecial use would not accord with local plan policy for the area and to
miniise the usage of the unsatisfactory point of access to the highway.
NOTE(S) TO APPLICANT
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
Please note the attached comments from the Environment Agency.
_____________________________________________________________________
Page No 47
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0299
LOCATION:
Clapper Farm Pont Y Capel Lane Gresford
Wrexham
DATE RECEIVED:
16/03/2005
COMMUNITY:
Gresford
DESCRIPTION:
Erection of dwelling with attached car port
and double garage
CASE OFFICER:
DSW
WARD:
Gresford East & West
APPLICANT(S) NAME:
Mr & Mrs J Dutton
AGENT NAME:
JIG Architectural
_____________________________________________________________________
P/2005 /0299
THE SITE
The application site is located approximately 150 metres along Pont Y Capel Lane
from its junction with Clappers Lane, Gresford. The site lies within the curtilage of
Clapper Farm.
PROPOSAL
Erection of a dwelling with attached carport and double garage.
HISTORY
P/2004/0941. Outline application for residential development (9 no. dwellings) and
associated highway works . Approved 11 October 2004.
DEVELOPMENT PLAN
The site lies within the settlement limit of Gresford in the Wrexham Unitary
Development Plan. Policies PS1 and GDP1.
CONSULTATIONS
Community Council
Local Member
Highways
There is inadequate visibility onto Clapper Lane from
Pont Y Capel Lane in the direction of Chester Road,
especially having regard to the volume of traffic using
Clapper Lane. Pont Y Capel Lane is a narrow country
lane and the increased traffic which may be generated by
this proposal would be dangerous to users of Pont Y
Capel Lane; also it is not wide enough to allow for
passing traffic without the provision of passing places
and to provide such places may involve the use of
private agricultural land outside the settlement area.
Notified 17 March 2005
No objections, subject to the proposal addressing the
conditions set out in the outline permission
(P/2004/0941). In the interest of pedestrian safety, a
Page No 48
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Public Protection
Environment Agency
Adjoining Occupiers
Site Notice
footway is required along the site frontage. Whilst Pont
Y Capel Lane is a classified road it has become a culde-sac since the improvement of the A483 and is now
lightly trafficked. Although, a turning space within the
site is desirable it is not considered to be essential for a
single new dwelling making access onto this lightly
trafficked highway.
No objections
No objections
Notified 8 April 2004
Expired 28 April 2005
SPECIAL CONSIDERATIONS/ISSUES
Background: The site lies within the settlement limit for Gresford and benefits from
outline permission for residential use, granted under code number P/2004/0941. The
principle of residential development on this site has therefore been established subject
to the proposal meeting the detailed criteria set out in Policy GDP1.
Design/Appearance: The application provides for a new farmhouse to replace the
one to be demolished as part of the re-development of Clapper Farm. This dwelling
forms one of nine permitted under the outline permission P/2004/0941. It is a two
storey dwelling in accordance with the requirements of the outline permission. The
scale, design and appearance of the dwelling, which fronts onto Clapper Lane is
acceptable.
Highways: The objection received from the Community Council relates to highway
matters which where addressed at the outline stage. Outline Condition 05 requires
improvements to the visibility of the junction of Clapper Lane and Pont Y Capel Lane
prior to the occupation of any new dwelling on the site. Secondly, whilst Pont Y
Capel Lane is a narrow country lane, it is lightly trafficked and is now a cul-de-sac
since the improvement of the A483. Although, the application does not provide for a
turning space within the site it is not considered essential by Highways because of the
site’s location near the end of built development on Clapper Lane. It is also a lightly
trafficked highway. There are no objection on highway grounds and appropriate
conditions with be attached.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Prior to the first occupation of the dwellings hereby approved the highway
improvement works and visibility improvements as required by planning permission
P/2004/0941 shall be completed to a standard suitable for adoption by the Highway
Authority.
Page No 49
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
3.
The visibility improvement referred to in Condition 02 shall include the
planting of a hedge matching the species of the existing hedge along the rear
boundary of the visibility splay. The hedge shall thereafter be retained.
4.
No development or other operations shall commence on the site until adequate
steps, which shall have been previously agreed with the Local Planning Authority,
have been taken to safeguard against damage or injury during construction works, all
trees on the site or whose root structure may extend within the site, which are subject
of Gresford/Llay Tree Preservation Order 1953. In particular, no excavations, site
works, trenches or channels shall be cut or pipes or services laid in such a way to
cause damage or injury to the trees by interference with their root structure and no soil
or waste shall be deposited on the land in such a position as to be likely to cause
damage or injury to the trees by affecting their root structure.
5.
No development shall commence until a scheme for the comprehensive and
integrated drainage of the site showing how foul water, surface water and land
drainage will be dealt with has been submitted to and agreed in writing by the Local
Planning Authority.
6.
No surface water shall be allowed to connect (either directly or indirectly) to
the public sewerage system.
7.
No land drainage run-off shall be permitted either directly or indirectly to
discharge into the public sewerage system.
8.
The occupation of the new farmhouse shall be limited to a person or persons
solely or mainly working, or last working, in the locality in agriculture, as defined in
Section 366 of the Town and Country Planning Act, 1990 or in forestry or a widow or
widower of such a person, and to any resident dependant.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
In the interests of highway safety.
3.
In the interests of highway safety.
4.
To protect trees which are of significant amenity value to the area.
5.
To ensure effective drainage facilities are provided for the proposed
development, and that no adverse impact occurs to the environment or the existing
public sewerage system.
6.
To prevent hydraulic overloading of the public sewerage system, to protect the
health and safety of existing residents and ensure no detriment to the environment.
7.
To prevent hydraulic overload of the public sewerage system and pollution of
the environment.
8.
To ensure that the dwelling is only occupied by a family of a bona fide
agricultural worker in accordance with the Council's established planning policies
governing residential development in the countryside.
NOTE(S) TO APPLICANT
You are advised that this site falls within the land granted outline planning permission
under code number P/2004/0941. This unit forms one of the nine dwellings approved
as part of the previous outline permission. To ensure a satisfactory standard of
appearance of the development it is unlikely the Council will support more than eight
dwellings on the adjoining land.
_____________________________________________________________________
Page No 50
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0302
LOCATION:
12-17 Ridley View Wrexham
DATE RECEIVED:
17/03/2005
DESCRIPTION:
Provision of On-Street Parking
COMMUNITY:
Caia Park
CASE OFFICER:
MP
APPLICANT(S) NAME:
Wrexham County Borough Council
WARD:
Cartrefle
AGENT NAME:
M G Ducey
_____________________________________________________________________
THE SITE
86
The application sites are two grass verges in Ridley View, off Conway Drive in
Wrexham.
12
3
13
14
BM 81.26m
11
2
15
IEW
EY V
16
RIDL
88
1
27
28
26
17
IV E
D R
AY
N W
C O
13
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
The proposal is to remove the to existing grass verges to create two off-street parking
areas.
HISTORY
No relevant planning history.
Page No 51
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within the settlement limit of Wrexham. Policy GDP1 applies.
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
No objection
Notified 18.3.05
2 letter of representation received.
1 letter requests similar arrangements to be made
elsewhere in Ridley view.
1 letter expresses the following concerns;
- the creation of this large open area will have a
serious impact upon the character and appearance of
the street and will increase traffic speed and noise.
- A larger open space will be a greater magnet for
children playing football.
Expired 20.4.05
SPECIAL CONSIDERATIONS/ISSUES
Amenity: I do not consider the removal of the existing grass verges for use as
parking would prove harmful to residential amenity. It is unlikely that the creation of
parking areas will significantly increase vehicular movements in Ridley View. It is
probable that the parking areas will primarily be used by local residents and visitors to
properties in Ridley View.
Design and appearance: I do not consider that the development would have a
significant or harmful appearance upon the character of the street scene.
Conclusion: I am satisfies the development accords with policy GDP1.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
_____________________________________________________________________
Page No 52
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0321
LOCATION:
Greenacres Rhosddu Road Wrexham
DATE RECEIVED:
22/03/2005
DESCRIPTION:
Conversion of residential nursing home
into office accommodation, formation of
vehicular access and construction of car
park.
COMMUNITY:
Rhosddu
WARD:
Grosvenor
CASE OFFICER:
SJG
AGENT NAME:
Mr Barry Hellen
APPLICANT(S) NAME:
Wrexham County Borough Council
_____________________________________________________________________
THE SITE
R
The site is on the west side of Rhosddu Road to the south of St James’s Church. The
site includes Cunliffe House (Centre 67), Greenacres and the Cunliffe Centre.
H
O
S
D
D
U
R
A
14
O
Wren's Nest
69
D
rc
6m
8 6 .9 m
9a
D
hu
.8
R
D
9
New
exit
R
H
O
1
1
D
82
S
t
C
84
FO
S
m
Ja
's
M
11
El d e rl y )
(F
12
1
h
entrance
es
B
(Ho m e fo r th e
8 4 .7 m
D
U
6
)
28
1
80
Cunliffe
Cunliffe
House
W a re h o u s e
16
72
70
Greenacres
B
M
86
.5
Greenacres
4
Ta nk s
1m
68
58
8 6 .3 m
56
36
54
Cunliffe
Centre
52
New Spar
C
58
Garage Shop
4
U
1
55
12
11
13
Proposed
46
48
53
Car Park
7
LB
El
28
R
EE
T
Po s ts
47
6
5
EO
ST
51
38
G
E
1
PISTYLL)
G
44
50
1 to
f i e ld
in g
Spr
(GERDDI'R
R
42
Su b Sta
PO
29
43
40
20
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
Change of use of the existing office, nursing home and ancillary buildings to office
accommodation for the Council’s Social Services Dept., together with the formation
of a new vehicular access to Rhosddu Road and the formation of a new car park on a
lawn to the rear. The new access would serve as an exit, with the existing access
retained as an entry only. The nursing home has already closed. There are 43 parking
spaces at present and 50 additional spaces are proposed. The total floorspace of
buildings is 1570m. Staff are to be transferred from 3-5 and 7-9 Grosvenor Road.
N
LI
E
FF
S
TR
E
E
T
Page No 53
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RELEVANT HISTORY
None.
DEVELOPMENT PLAN
Within the settlement limits as defined in the Wrexham Unitary Development Plan.
Policies E7 EC4 and GDP1 of UDP are relevant, together with LPGN 15 16 and 17.
Some trees on the frontage are subject to a TPO.
CONSULTATIONS
Rhosddu C Council:
Local Member:
Highways:
CHPPO:
Site Notice:
Other representations:
No objection to proposed office use. However express
grave concerns over the proposed access to Rhosddu Road.
This is an accident blackspot and a fatal accident occurred
close by. The new road will be close to the new Spar shop
and has restricted visibility to the right. The new access
should be used as an entrance only, with the existing access
used as an exit as this adjoins a straighter section of road.
No observations
Recommend conditions
Comments regarding noise
Expired 25/4/2005
Adjoining occupiers notified 6/4/2005.
2 objections received on grounds of:
1. Rear of dwelling to south-west will be directly
overlooked.
2. Noise at unsociable hours during construction
3. Extra pollution from vehicles
4. Concrete car park will be an eyesore
5. Increase in traffic on a busy road
6. Too many junctions within a short space, making
Rhosddu Road far more congested and dangerous for
pedestrians and drivers. Existing access is adequate.
7. New access will be directly opposite a 1 hour parking
zone
SPECIAL CONSIDERATIONS/ISSUES
Policy:. No objection in principle to the change of use of this site to offices.
UDP Policy CLF1 does indicate that developments which adversely affect community
facilities will not be permitted. The application should be accompanied by a brief
supporting statement explaining why the Council considers that nursing home
accommodation is no longer likely to be needed in this part of Wrexham. Executive
Board approval was granted for the closure of Greenacres based on the over-capacity
of residential homes in the Wrexham area. The day centre will be retained on site.
Page No 54
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Trees: Prior to the submission of this application there have been a number of site
meetings and discussions relating to the access to this site. It was stressed at an early
stage that the mature trees adjacent to the proposed access road must be retained and
adequate ground clearance provided to ensure that major root severance does not
occur. This proposal meets these minimum standards, it does however require
substantial crown reduction work. The trees are prominent features in the area but are
over mature and in decline. In the interests of continued amenity to the area, I would
recommend that the entire line of trees be removed and that substantial heavy standard
trees be replanted as part of a conditioned landscape scheme.
Conditions are recommended to cover these points.
Highway Safety: The existing access has poor visibility to the north. Whilst it is
accepted by the agent that there is a shortfall in visibility, a parking assessment of the
development has been carried out which concludes that the proposal is acceptable on
access and parking grounds and this is accepted by Highways. They have considered
the objection from Rhosddu Community Council, and state that:
1. The existing access has splays of 4.5 metres by 7 metres to the north and 4.5
metres by 65 metres to the south. This is severely substandard.
2. The proposed access has a splay of 4.5 metres by 45 metres in both directions.
This is in a more central position and is considered safer for an exit to Rhosddu
Road.
3. The exit from the site will be a single lane of traffic only and not two lanes as
stated.
Impact on adjoining properties: The rear car park will be close to existing
dwellings in Spring Gardens to the rear but there is a 1.8 metre close boarded fence
along this boundary. As the development will be carried out on behalf of the Council
any complaints regarding construction noise can be dealt with under other powers.
RECOMMENDATION
That the Wrexham County Borough Council RESOLVES in accordance with
Regulation 3 of the Town & Country Planning General Regulations 1992 that
Planning Permission be granted subject to the conditions set out below:
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
Page No 55
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
3.
The proposed access shall have a visibility splay of 4.5m x 40m in both
directions measured along the nearside edge of the adjoining carriageway over land
within the control of the applicant and/or the Highway Authority. Within the splays
there shall be no obstruction in excess of 1 metre in height above the level of the
adjoining carriageway. The splay shall be provided to commencement of
use/occupation of the development hereby approved and shall thereafter be retained
clear of such obstruction.
4.
The finished surface of the splayed access way(s) shall be married into the
edge of the adjacent highway carriageway prior to bringing into use the development
hereby approved. It shall thereafter be retained in a usable condition.
5.
The vehicle parking and turning areas indicated on the approved plans shall be
laid out, surfaced and drained prior to the first use of the building hereby granted and
shall thereafter be retained for those purposes.
6.
The access road and site layout shall be constructed in accordance with
drawing 02744/D/02/A.
7.
The existing stone wall on the highway frontage shall be rebuilt behind the
visibility splays using reclaimed stone in accordance with details to be agreed in
writing by the Local Planning Authority.
8.
No trees shall be lopped, topped, felled or uprooted without the prior written
permission of the Local Planning Authority, nor shall any trees be wilfully damaged.
9.
No part of the development hereby permitted shall be commenced until full
details of both hard and soft landscape works for the site have been submitted to and
approved in writing by the Local Planning Authority. The works shall be
implemented in accordance with a timescale to be approved in conjunction with the
scheme of details.
10.
All hard and soft landscape works shall be carried out in accordance with the
approved details as set out in Condition 9. The works shall be carried out within 3
months of the first use of the development with the exception of soft landscaping
which shall be carried out in the first planting season (November to March) or seeding
season (April to September) following the first use.
11.
Cycle parking facilities shall be provided within the curtilage of the site in
accordance with details to be submitted for the further approval of the Local Planning
Authority. Such facilities shall be made available prior to implementation of the
use(s) hereby permitted and shall thereafter be retained.
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 that adequate visibility is provided at the proposed point of access to
the highway.
4.
In the interests of highway safety.
5.
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.
6.
In the interests of highway safety.
7.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
8.
To protect trees which are of significant amenity value to the area.
Page No 56
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
9.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
10.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
11.
In the interests of highway safety.
NOTE(S) TO APPLICANT
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
You are reminded that the Disability Discrimination Act 1995 applies to this
development.
Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on
the enclosed "Applicants' Rights and General Information".
You are advised that the premises shall comply with the Health and Safety at Work
etc Act, 1974 and you should contact the Council's Public Protection Department in
connection therewith.
_____________________________________________________________________
Page No 57
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0345
LOCATION:
81 Greengate Farm Coedpoeth Wrexham
DATE RECEIVED:
30/03/2005
DESCRIPTION:
Extension to dwelling
COMMUNITY:
Coedpoeth
CASE OFFICER:
SEH
APPLICANT(S) NAME:
Mr & Mrs S Ellis
WARD:
Coedpoeth
AGENT NAME:
Mr & Mrs S Ellis
_____________________________________________________________________
THE SITE
4
N orth
B ryn
Avalon
G able
5
CF
Ch
and
os
H ig h
b u ry
A semi-detached property located at No.81 Greengate Farm, adjoining No.75 and
adjacent to the front garden of ‘Hawthorne’, Greengate Farm, Coedpoeth, Wrexham.
y G lo
Hawthorn
2
1 .2
34
15
2m
RH
Alean
83
71
73
Proposed
Extension
15
Length of hedge to be
removed
81
33
14
58
1 .2 2 m
R H
65
89
60
62
56
59
64
29
2
BR
YN
SI
RI
O LL
El
7
21
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
Two storey extension to side elevation (East) of existing two storey dwelling, to
provide garage with additional bedroom above.
HISTORY
None relevant.
Su
ta
bS
TT))
UNN
OU
MO
TT M
AANN
ASS
EA
(P L
Page No 58
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within settlement limit in the Adopted Unitary Development Plan. Policy GDP1
applies. Local Planning Guidance Note No.20, House Extensions, also applies.
CONSULTATIONS
Community Council:
Local Member:
Other Representations:
Site Notice:
31/03/2005
31/03/2005
One letter received, whilst not objecting to the extension
in principle, raising the following issues:
 Negative visual effect on the area, due to the
removal of part of the leylandii hedge on the eastern
boundary with ‘Hawthorne’.
 The existing difference in land levels between the
application site and the adjacent property may not
be maintained.
Expired 25/04/2005
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an application for the erection of a two-storey side extension. It
measures approximately 3.3m in width by 8.7m in length, with the height to match the
existing. The main issue to consider relates to the potential impact upon the adjacent
neighbouring property and the surrounding area.
Residential Amenity: The existing leylandii hedge, which currently forms the
boundary with the adjacent property, is to be removed to the extent of the length of
the proposed extension and by 2 metres either side. The removal of this hedge is not
considered to have a negative impact upon the visual amenities of the area to an extent
that justifies refusal. Any subsequent planning approval would be subject to the
appropriate replacement boundary treatment (condition 5).
Design: The extension is fairly simple in character and does not detrimentally affect
the appearance of the dwelling. More than the minimum useable garden space
remains. Minimum off-road parking remains at the site in accordance with Local
Planning Guidance Note No 16, Parking Standards.
The plans for the proposed extension show the difference in land levels between the
application site and the adjacent property as 0.5 metres, to be retained.
Conclusion: The development is acceptable as satisfying local policy and
supplementary guidance and I therefore recommend that permission be granted.
P/2005 /0345
RECOMMENDATION
That permission be GRANTED
Page No 59
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
4.
Any garage erected under this permission shall be used only for a purpose
incidental to the use of that dwelling as a single dwelling house provided that such use
shall not preclude the garaging of a private motor car.
5.
Prior to the commencement of development, details of the eastern boundary
treatment shall be submitted for approval to the Local Planning Authority and the
scheme, as approved, shall be implemented 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 a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To ensure that the garage is not used in a manner prejudicial to or likely to
cause nuisance or disturbance to the occupiers of nearby properties and to ensure that
facilities for the garaging of a car remain available at this address at all times.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
NOTE(S) TO APPLICANT
You are advised that the planning permission hereby granted does not authorise any
building over, diversion, connection or other interference with any sewer, public or
private, which crosses the site. You are advised to contact Welsh Water, per Babtie,
Unit B1, Trem-y-Dyffryn, Colomendy Industrial Estate, Denbigh, Denbighshire (Tel:
01745 815815) in this regard, prior to undertaking any groundwork in connection with
the development. Should you be required to depart from the details hereby approved,
you should contact the Council's planning department to seek further advice with
regard to the submission of amended plans and / or a new planning application.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 60
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0367
LOCATION:
40 Daleside Avenue Wrexham
DATE RECEIVED:
05/04/2005
COMMUNITY:
Acton
DESCRIPTION:
Single storey rear side extension to
existing dwelling
CASE OFFICER:
SB
APPLICANT(S) NAME:
Mr & Mrs P Smith
WARD:
Borras Park
AGENT NAME:
Mr P A Tulk
_____________________________________________________________________
THE SITE
A detached two-storey dwelling located at the end of a cul-de-sac and surrounded by
other residential properties.
28
Site
31
40
1
5
6
Proposed
extension
1
1
A
IN
S
D
A
TO
LLE
E
OS Crown Copyright. WCBC Licence No. LA09021L
D
O
NS
R
W
V
PROPOSAL
E
EN
D
AV
Single storey extension to side and rear to enlarge kitchen and provide
EN
UE
HISTORY
P/2005/0113 – Two-storey side extension. Refused 18.03.05
Page No 61
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within recognised settlement limits as detailed in the adopted Wrexham Unitary
Development Plan. Policy GDP1 and Local Planning Guidance Note 20 apply.
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
Consulted 06.04.05
Consulted 06.04.05
One objection received raising the following issues:
 There is a restrictive covenant preventing any further
extensions.
 Any extension to the side will have a serious impact
upon the outlook from no.38 and will also affect
daylight levels.
 It will result in a decreased in the value of no.38.
 Construction vehicles will restrict the availability of
turning space, which is already a problem and will
affect access to no.38.
Expired 29.04.05
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an amended scheme following the refusal of a proposal for a
two-storey side extension, which was refused due to the likely impact upon the
residential amenities of no.38 Daleside and due to its size and scale in relation to the
existing dwelling. The revised proposal consists of a single storey extension to the
side of the property which is set back from the front elevation by approximately 4.6m
and a single storey rear extension. The main issues to consider relate to the impact of
the extension upon the amenities of neighbouring properties, the appearance of the
development in relation to the existing building and the streetscene and whether the
development would create any additional need for parking.
Residential Amenity: Loss of light is determined by applying the 45-degree daylight
tests as set out in Local Planning Guidance Note 20. On applying these tests both the
vertical and horizontal tests pass, which indicates that a significant amount of light
would not be lost to any nearby properties.
Separation standards also need to be complied with to establish whether there would
be any loss of residential amenity. The side extension will lie directly opposite the
front and garage door of no.38 Daleside Avenue and will not be positioned directly in
front of any habitable room windows. There is no standard separation requirement in
such circumstances. The proposal also meets separation standards with the properties
located to the rear. There will therefore be no loss of residential amenity and the
development will therefore comply with LPG 21.
Parking: There is potential for the additional ground floor room to be used as a
bedroom. Such an addition will require a total of three parking spaces at the property.
Page No 62
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Currently there are only two, one in the garage and one on the drive. A condition will
be attached requesting details of the parking arrangements.
Design: The extension is subsidiary to the existing and respects the scale of the
building. Although the roof design could be improved, to match that on the existing
dwelling, the hip will ensure that the development has less of an impact. Furthermore,
given that it is set back from the front elevation, it will not have a detrimental impact
upon the appearance of the streetscene.
Other Objections: Property devaluation and restrictive covenants are not planning
issues and have therefore not been given consideration in the determination of this
application. Similarly, the issue of construction traffic is not controllable through the
planning system and is something that will have to be resolved between the applicant
and the complainant should there be any disruption
Conclusion: The proposal satisfies all relevant policies and guidance notes and I
therefore recommend that permission be granted.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order no windows or other openings shall be inserted in the
north-west and south-east elevations of the building.
4.
Development shall not commence until a scheme for the parking of a total of
three vehicles within the curtilage of the site has been submitted to and approved, in
writing, by the Local Planning Authority. The approved scheme shall be
implemented before the first use of the extension and shall be permanently retained
for such use free of all obstruction.
5.
The existing garage shall only be used for a purpose incidental to the use of
the dwelling, provided that it does not preclude the garaging of a private motor car.
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.
4.
In order to provide for the parking clear of the highway.
Page No 63
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
5.
In order to prevent any nuisance to neighbouring properties and to ensure the
provision of adequate parking.
NOTE(S) TO APPLICANT
The parking scheme required as part of Condition 04 can include the parking space in
the garage.
_____________________________________________________________________
Page No 64
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0374
LOCATION:
Laurel Bank Henry Street Rhostyllen
Wrexham
DATE RECEIVED:
06/04/2005
COMMUNITY:
Esclusham
DESCRIPTION:
Ground floor side extension
CASE OFFICER:
LB1
WARD:
Esclusham
APPLICANT(S) NAME:
Mr A H Brockley
AGENT NAME:
Mr AH Brockley
_____________________________________________________________________
THE SITE
Laurel Bank is a semi-detached property on Henry Street in Rhostyllen.
Li
m
be
e
wc
Ro
r lo
a
a le
an
y
Proposed
extension
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
A ground floor extension to the side of the property. .
HISTORY
None relevant.
DEVELOPMENT PLAN
Within settlement limit in UDP, GDP 1 applies, as does LPGN 20.
st
id
gf
ild
r
Me
Te
72
e
al
Ad
BRE 45 degree
(vertical)
measurement
Page No 65
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
consulted 7.4.2005
consulted 7.4.2005
One letter of objection received, proposed extension is
too large and will come too close to the neighbouring
property causing loss of privacy and light.
Expired 3 May 2005
SPECIAL CONSIDERATIONS/ISSUES
The proposed extension faces neighbouring Tegfan, the side elevation of which does
not contain windows for habitable rooms. Applying the BRE 45 degree test to the
extension shows that Tegfan will not be affected by loss of light. The proposed
extension does not contain any habitable rooms and the only window is for a small
shower room, which will be obscurely glazed so the neighbours will not suffer loss of
privacy.
The scale and design of the extension is such that it will not have a detrimental affect
on the street scene.
The extension, at ground floor level although extending towards Tegfan has sufficient
separation distance to ensure the neighbouring property will not be affected by loss of
light. Therefore I recommend that the application be granted.
P/2005 /0374
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
4.
Thewindow in the shower room only obscurely glazed and fixed closed unless
otherwise agreed in writng by the Local Planning Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
Page No 66
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To protect the privacy of the adjoining residents.
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the Town
and Country Planning Acts and under the Building Regulations is resolved prior to
commencement of development, by formal submission of amended plans.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 67
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0378
LOCATION:
Land off Queen Street Cefn Mawr
Wrexham
DATE RECEIVED:
07/04/2005
COMMUNITY:
Cefn
DESCRIPTION:
Outline application for erection of 12 no.
two/three storey apartments and
construction of new vehicular and
pedestrian access
CASE OFFICER:
MP
WARD:
Cefn
AGENT NAME:
Parry Davies Partnership
APPLICANT(S) NAME:
R & S Builders
_____________________________________________________________________
THE SITE
LA
The application site is on Queen Street if Cefn Mawr. Facing Queen Street the site is
fairly flat. Further into the site (approximately 16 metres from the highway frontage)
the site slopes steeply downwards towards Temple Vale and Bro Gwilym.
NE
5
Cott
Proposed buildings
1
20
DO
LY
DD
1
RO
AD
2
2
1
Bryn
Gwilym
1
School
85
5
4
10
17
Temple
House
Vale
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
The proposal is in outline for the erection of 12 x 2/3 storey 2 bedroom apartments
together with the creation of a new vehicular and pedestrian access. Design and
landscaping details reserved.
Page No 68
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
HISTORY
6/2005
6/6687
Outline application for two bungalows or split level houses and
alteration to vehicular access. Granted 3.4.76
Erection of two dwellings and alteration to existing vehicular and
pedestrian access. Granted 25.9.80
DEVELOPMENT PLAN
Within the settlement limit of Cefn Mawr. Policies PS1, GDP1 and H2 apply. The
site also adjoins the Cefn Conservation Area. Policy EC7 also applies.
CONSULTATIONS
Community Council:
Local Member:
CHPPO:
Highways:
Other representations:
Supports the application
Cllr Coleman objects for the following reasons;
- unsafe access onto Queen Street
- development inappropriate for the surrounding area.
Cllr Moysen notfied
Request a condition is attached requiring a scheme to
deal with potential contamination on site.
Recommend refusal for the following reasons;
- impractical within the curtilage of the site to
construct an access with the County Road which
would provide sufficient forward visibility for
vehicles passing/entering the site;
- visibility for vehicles emerging from the site is
below the requirements of TAN18
- the proposed development does not make adequate
provision for the parking of vehicles clear of the
highway.
11 letters of representation received expressing the
following concerns;
- visibility around the bend is severely restricted. The
proposed access would greatly increase the risk of
vehicle accidents on this bend;
- earlier application for domestic dwellings refused;
- land sold to developer before planning permission is
granted, this is difficult to understand;
- land has been built up by tipping chemical waste;
- height of the buildings would obscure daylight;
- development would have an effect on well used
footpath;
- 3 storey apartments would over dominate nearby
properties;
- noise pollution and aggravation from the site from
additional large numbers of people plus extra
volumes of traffic;
- development inappropriate for the areas;
Page No 69
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
-
Site Notice:
significant volumes of traffic use Queen Street and
school children also use this route.
- Potential parking problems from visitors to
occupants;
- 3 storey building would interfere with view from
property opposite the site;
- the number of vehicles using the site will be
dangerous because of the number of pedestrians
(particularly elderly people) using the footpath
adjacent to the site;
- 2/3 storey flats would overlook property and invade
privacy;
- development should be in keeping with the existing
pattern of development in the area;
- there is an old tramway to which forms the
boundary of the site (adjacent to Bryn Gwilym).
Within the boundary of the site is a purpose built air
raid shelter. Development would destroy heritage of
the area;
- concerned over the increase in parking in the area
resulting from the development.
1 petition submitted with 63 signatures. The reasons for
objection are;
- dangerous access and egress;
- safety concerns for pedestrians and road users;
- several properties would be adversely affected by
the intrusive height and bulk of the proposed
structures;
- Cefn Mawr Heritage Trail has recently been opened
and efforts are being made to preserve local
heritage. The proposed project would have a
detrimental effect on local amenities.
Expired 3.5.05
SPECIAL CONSIDERATIONS/ISSUES
Policy: The applicable policies as PS1 GDP1 and H2.
PS1 directs new development for housing to within defined settlement limits. The
application site is within the settlement limit for Cefn Mawr, therefore the
development accords with this policy.
Policy GDP1 seeks to ensure that new developments make a positive impact upon the
appearance of the surrounding area, protect the amenity of nearby occupiers and
ensure that developments are provided with safe vehicular access and adequate
parking provision.
Policy H2 permits residential development on unannotated land within settlement
limits. The application site complies with this policy – subject to also complying with
Policy GDP1.
Page No 70
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Amenity: I am satisfied the site could accommodate the proposed development
without an adverse impact upon the amenity of nearby properties. Taking into
account the changes in land levels it would be possible to meet recommended
separation distances. I have some concern regarding the orientation of units 4-6, as
these would almost directly face the end elevation of the adjacent units approximately
5 metres away, thus not providing future occupiers with a satisfactory standard of
amenity. This issue could easily be resolved by some minor changes to the site
layout. The applicants have been informed of this.
Public open space: The developers would be required to provide public open space
within the site in accordance with Local Planning Guidance Note 10.
Contamination: Some concern has been expressed that the land levels of the site
have been built up historically by tipping of chemical waste/toxic materials. Public
Protection has advised that a scheme to deal with potential land contamination is
submitted for approval before development commences.
Design and landscaping: The application is in outline with detailed design and
landscaping being for reserved matters approval.
The development is described as 2/3 storey buildings. Due to the changes in ground
levels within the site, the buildings would appear 2 storey when viewed from Queen
Street, with the rear elevations being 3 storey. This means the ground floor flats will
be below the street level of Queen Street. I do not consider this would be detrimental
to the character of the area provided the detailed design of the buildings was
appropriate. The site is adjacent to the Cefn Conservation Area but I am satisfied that
the development would serve to preserve the character of the Conservation Area
subject to appropriate design and boundary treatment.
Highways and parking: Highways have recommended the application be refused
because the site access is substandard. The required visibility splays cannot be
provided within land controlled by the applicants and due to the bend in the road,
there is also insufficient forward visibility of westbound traffic for vehicles turning
right into the site. The proposed access would therefore increase the danger to other
road users.
The development proposes 12 two bedroom flats, which would require 24 spaces to
meet the parking standards for residential developments set out in Local Planning
Guidance Note 16 (Parking Standards). The plans submitted indicate that 15 parking
spaces are to be provided, therefore the site would not be provided with sufficient offstreet parking. It is likely, therefore, that the development would increase the
likelihood of vehicles being parking on the highway disrupting the free flow of traffic
along Queen Street.
Conclusion: Whilst the site could be developed without having a detrimental impact
upon the character of the area and amenity of nearby properties, the proposed
development would adversely affect highway safety contrary to Policy GDP1(d).
P/2005 /0378
Page No 71
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The access would not have suitable forward visibility for vehicles entering the
site and visibility for vehicles entering and leaving the site is below the required 4.5 x
70 metres. The development would, therefore, pose an unacceptable risk to road users
contrary to Policy GDP1(d).
2.
There is inadequate provision of off-street parking provision within the site
contrary to Policy GDP1(d). As such, the development would be likely to increase
parking on-street to the detriment of safety and free flow of traffic.
_____________________________________________________________________
Page No 72
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0391
LOCATION:
58 Ffordd Estyn Wrexham
DATE RECEIVED:
12/04/2005
COMMUNITY:
Rhosddu
DESCRIPTION:
Two storey extension to rear comprising
utility, kitchen, lounge and 2 no. bedrooms
CASE OFFICER:
MP
WARD:
Garden Village
APPLICANT(S) NAME:
Mr S Roberts
AGENT NAME:
Mr S Roberts
F
_____________________________________________________________________
F
O
R
D
THE SITE
D
E
The property is an end terraced house on Ffordd Estyn.
S
T
Y
N
Extension (two storey element)
Extension to
neighbouring property
5
4
58
61
Extension (single storey element)
8
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
The proposal involves a part two-storey and part single extension rear of the property.
HISTORY
No recent relevant history.
DEVELOPMENT PLAN
Within the settlement limit of Wrexham. Policy GDP1 applies.
Page No 73
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
The Council is concerned that the development may
have a detrimental impact upon no. 60 Ffordd Estyn.
Notified 13.4.05
Neighbours notified 15.4.05
Expired 5.5.05
SPECIAL CONSIDERATIONS
Daylight and amenity: The proposal satisfies the daylight standards recommended
by the Building Research Establishment and referred to in Local Planning Guidance
Note 20.
Although the extension would project 4.5 metres from the rear of the existing
dwelling, the two-storey element of the extension projects no more than 2.5 metres,
there remainder of the extension being single storey. I am satisfied that the extension
would not be visually overbearing, and would not therefore prove harmful to the
amenity of the adjacent occupiers.
Design: The extension is in keeping with the design of the existing building and being
to the rear, would no significant impact upon the character and appearance of the
surrounding area.
Conclusion: I am satisfied the proposal accords with Policy GDP1.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
Page No 74
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the Town
and Country Planning Acts and under the Building Regulations is resolved prior to
commencement of development, by formal submission of amended plans.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 75
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0395
COMMUNITY:
Penycae
LOCATION:
19 Coed y Nant Penycae Wrexham
DESCRIPTION:
Works to trees (WCBC no. 27)
DATE RECEIVED:
12/04/2005
CASE OFFICER:
ADH
APPLICANT(S) NAME:
Mr P Prescott
WARD:
Penycae & Ruabon South
AGENT NAME:
Mr P Prescott
_____________________________________________________________________
THE SITE
Woodland to the rear of 19 Coed y Nant, Penycae, Wrexham.
PROPOSAL
Fell 1 No Ash tree.
HISTORY
N/A
DEVELOPMENT PLAN
Within settlement limit. Policy EC4 of the UDP refers. Subject to Wrexham Maelor
Borough Council TPO No. 27 (1995).
CONSULTATIONS
Local Member:
Notified 13.04.05
Community Council: Notified 13.04.05
Site Notice:
Expired 09 May 2005
SPECIAL CONSIDERATIONS/ISSUES
The tree to be felled is a mature Ash located on a steep downward sloping bank that
forms one side of a woodland valley running along the rear boundaries of properties at
Coed y Nant, Penycae. The tree to be felled is located approximately 6 metres from
the rear of the applicant’s property and leans towards the house. The tree is a large
open crowned specimen that has become over-dominant resulting in a dark oppressive
effect on the garden area, harming the outlook from rear facing windows and giving
rise to safety concerns.
The removal of this tree will not significantly impinge on the landscape or amenity
value that the woodland has as a whole as there are many mature woodland trees to
Page No 76
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
the side and rear that will benefit from its removal and quickly fill the gap. I have
received no objections from adjoining properties.
I therefore recommend accordingly.
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The work shall be completed within 12 months from the date of consent unless
an extension is applied for and granted.
REASON(S)
1.
To ensure the work is completed within a reasonable time scale.
_____________________________________________________________________
Page No 77
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0402
COMMUNITY:
Offa
LOCATION:
35 Trem Yr Eglwys Wrexham
DATE RECEIVED:
14/04/2005
DESCRIPTION:
Single storey alteration and extension
CASE OFFICER:
LB1
APPLICANT(S) NAME:
Mr P McGrady
WARD:
Erddig
AGENT NAME:
Oversite Ltd
_____________________________________________________________________
THE SITE
Trem Yr Eglwys is a cul-de-sac on the Coed y Glyn estate; no. 35 is sited on the
corner.
35
2m hedge
1.8m fence
Position of
window
2
4m hedge
OS Crown Copyright. WCBC Licence No. LA09021L
39
PROPOSAL
A single storey extension to the rear of the property as indicated on the site plan.
HISTORY
None relevant.
DEVELOPMENT PLAN
Is within the settlement limit of Wrexham, GDP1 applies, as does LPG 20.
Page No 78
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CONSULTATIONS
Community Council:
Local Member:
Other representations:
Site Notice:
No objection
No reply
One letter of objection received relating to the window
on the side of the extension. Fear it will allow
neighbouring house and garden to be overlooked.
Expired 10 May 2005
SPECIAL CONSIDERATIONS/ISSUES
The room described as an office has one side facing window as indicated on the plan.
Although this window faces the neighbouring property the applicants have stated that
it will be obscurely glazed thus preventing any overlooking. Additionally there is a
screen fence that is approximately 1.8m in height that runs along the boundary
immediately between the properties. Along the rest of the boundary is a conifer
hedge. No 37 is set further back from the highway than No 35 and the window will
be in line with the front of No. 37.
The position of the window in relation to no 37, the fence and hedge along the
boundary and the fact that it will be obscurely glazed means that there will be minimal
risk of the neighbouring house and garden being overlooked. Therefore I recommend
that the application be granted.
P/2005 /0402
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
4.
Any windows on the south western elevation (facing no 37) shall only be
obscurely glazed and fixed closed below a height of 1.7 metres above finished flor
level.
5. The existing 1.8m fence on the north eastern boundary shall be retained.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
Page No 79
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
4.
5.
To protect the privacy of the adjoining residents.
To protect the privacy of the adjoining residents.
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the Town
and Country Planning Acts and under the Building Regulations is resolved prior to
commencement of development, by formal submission of amended plans.
The proposed development lies within a former coal mining area. You should take
account of any hazards to stability which may arise from coal working in or near the
site. Specific advice on any past working may be obtained from the Coal Authority
Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.
Any operations which may involve entry into former workings, shafts or adits or
implementation of site investigations or other works may need permission from the
Coal Authority.
_____________________________________________________________________
Page No 80
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0420
LOCATION:
Awelfryn Ruthin Road Coedpoeth
Wrexham
DATE RECEIVED:
18/04/2005
COMMUNITY:
Minera
DESCRIPTION:
Ground and first floor side and rear
extension
CASE OFFICER:
SEH
WARD:
Minera
APPLICANT(S) NAME:
Mr C M Whiting
AGENT NAME:
Mr CM Whiting
_____________________________________________________________________
THE SITE
A detached property known as ‘Awelfryn’, adjacent to and level with ‘Hafan’ and
‘Bryn Awelon’, Ruthin Road, Coedpoeth, Wrexham.
Ruthin Road
Proposed
Extensions
Application Site
PROPOSAL
Single storey rear extension to provide additional sitting room, and two storey
extension to side elevation (North West) of existing two storey dwelling, to provide
covered parking area with additional bedroom above.
HISTORY
None relevant.
Page No 81
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within recognised settlement limit of Coedpoeth in the Adopted Wrexham Unitary
Development Plan. Policy GDP1 applies. Local Planning Guidance Note No.20,
House Extensions, also applies.
CONSULTATIONS
Community Council:
Local Member:
Other Representations:
Site Notice:
20/04/2005
20/04/2005
One letter received, whilst not objecting to the single
storey rear extension, raising the following issues:
 Detrimental effect upon the residential amenities of
‘Hafan’ due to the location and height of proposed
two-storey extension.
 Extension would be visually intrusive when viewed
from the habitable room windows of ‘Hafan’,
causing a detrimental impact on the outlook from
those rooms, and loss of light.
 The proposed extension would be visually
overbearing and the proposed front bedroom
windows would effect the privacy of the front
garden of the adjacent property.
 Proposed extension would effect enjoyment of the
rear garden of the adjacent property due to its mass
and visual intrusiveness.
 The proposed extension would have a negative
visual impact affecting the appearance of the
locality, in particular, by the creation of a terracedlike effect on the neighbouring dwellings.
Expired 25/04/2005
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an application for the erection of a single storey rear extension
with ground coverage of 12 square metres, and, a two-storey side extension. The side
extension measures approximately 2.8m in width by 7.6m in length, with the height to
match that of the existing. The main issue to consider relates to the potential impact
upon the adjacent neighbouring property and the surrounding area.
Residential Amenity: In order to establish whether the development causes a loss of
light to the front windows of the adjacent property, the BRE 45-degree daylight tests
were carried out as detailed in LPG 20. In this case both the horizontal and vertical
tests pass and it is concluded that the development does not cause loss of daylight to
an extent that would justify a refusal of the development.
The proposal is located 2 metres away from the blank gable end of the adjacent
property. As the gable end contains no windows or other openings, it is not
considered that the proximity of the extension would have a detrimental effect on the
Page No 82
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
adjacent property. As the proposed extension does not project any further than the
existing dwelling it is not considered to be visually intrusive or overbearing when
viewed from the adjacent habitable room windows. The proposed extension does not
detrimentally effect the outlook from the neighbouring dwelling to any great extent or
to that, which would justify refusal of planning permission.
The proposed first floor bedroom window in located in the front elevation of the
proposed extension. As the existing bedroom windows are also in the same elevation,
in line with the proposed, it is not considered that this additional window will further
impact upon the privacy of the front garden of the adjacent property. Further, by
virtue of its front location, the adjacent garden cannot be considered as a private
garden area.
The proposed extension increases the width of the property by less than 3 metres and
it is not considered to be over-dominant in nature or to detrimentally affect the
enjoyment of the rear garden of the adjacent property.
Design: The extension is fairly simple in character and does not detrimentally affect
the appearance of the dwelling. As the property has a separation distance of a least 2
metres between adjacent properties and, given that the nearest part of the adjacent
property is set back by 2 metres, the proposed extension would not create a terraced
appearance or result in a negative visual impact on the streeetscene as a whole.
Conclusion: The development is acceptable as satisfying local policy and
supplementary guidance and I therefore recommend that permission be granted.
P/2005 /0420
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
4.
The existing fence along the south-east and north-west boundaries shall not be
removed or reduced to a height below 1.8m without the prior written consent of the
Local Planning Authority.
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
Page No 83
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To prevent the potential for overlooking.
NOTE(S) TO APPLICANT
You are advised that the planning permission hereby granted does not authorise any
building over, diversion, connection or other interference with any sewer, public or
private, which crosses the site. You are advised to contact Welsh Water, per Babtie,
Unit B1, Trem-y-Dyffryn, Colomendy Industrial Estate, Denbigh, Denbighshire (Tel:
01745 815815) in this regard, prior to undertaking any groundwork in connection with
the development. Should you be required to depart from the details hereby approved,
you should contact the Council's planning department to seek further advice with
regard to the submission of amended plans and / or a new planning application.
_____________________________________________________________________
Page No 84
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0438
LOCATION:
Land Opposite The Childrens Playing
Fields Garth Road Garth Wrexham
DATE RECEIVED:
22/04/2005
COMMUNITY:
Llangollen Rural
DESCRIPTION:
Erection of dwelling and construction of
new vehicular access
CASE OFFICER:
MP
WARD:
Llangollen Rural
APPLICANT(S) NAME:
Mr & Mrs J Roberts
AGENT NAME:
John R Miles, RIBA
_____________________________________________________________________
THE SITE
The site is located in Garth opposite the Chilterns playing field on Garth Road.
Poncen Melyn
Tan-y-Dderwen
Proposed dwelling
Proposed garage
Bryn Masarn
Bryn-teg
2
Playground
1
220.2m
Ta
-
TCB
n -y
-G
ra i
g
D
FO
A
H
Meadow
Tan y G aer
1
View
1
2
Tegfan
6485
B
ry
n-
y-
be
Bryn
Greenlands
Hedd
OS Crown Copyright. WCBC Licence No. LA09021L
8
PROPOSAL
This is a full planning application for the erection of a two storey 4 bedroom dwelling,
double garage and formation of new vehicular access.
HISTORY
No relevant planning history.
DEVELOPMENT PLAN
The site is within the settlement limit of Garth. Policy GDP1 applies.
rt
h
Page No 85
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CONSULTATIONS
Community Council:
Local Member:
Highways:
Other representations:
Site Notice:
No objections but would like to point out the volume of
traffic using Garth Road is over the limit.
Notified 26.4.05
Highways have recommended conditions regarding
visibility, parking standards, turning facilities and
request a footway across the frontage of the site
1 letter received, expressing concern that the
development will prevent people parking adjacent to the
site. No objection to the erection of a dwelling just the
lack of parking space which allows the safe passage of
traffic if this area is taken away. People park their cars
when they visit the play area.
Expired 25.5.05
SPECIAL CONSIDERATIONS
Siting and design: The plans indicate that the dwelling will be sited on land built up
to approximately the same level as the adjacent highway. The garage will also be on
land at approximately the same level as the highway. The dwelling and garage are of
an appropriate size, scale and design and would not detract from the appearance of the
surrounding area. The application site is also large enough that adequate provision of
private amenity area is made within the curtilage of the dwelling.
Amenity: The property would not have any windows that directly face nearby
properties. The proposed lounge room does have two small side facing windows,
however the dwelling is set far enough away from the boundary and overlook the
front garden of the adjacent property, Meadow View. I am satisfied that the position
of these windows would not adversely affect the privacy of the occupiers of Meadow
View. The east elevation of the property also has a side facing kitchen window,
however this is also set some distance from the boundary with an adjacent footpath
separating the application site from the adjacent property. I am satisfied the siting of
the dwelling and garage would not adversely affect the privacy and amenity of Tan y
Gaer.
Highways: Some concern has been expressed that the area to the front the dwelling is
used as a parking area by people using the play ground opposite, and that the
proposed development would result in the loss of this area. The area to the front of
the application site is not a designated off-street parking area, therefore I do not agree
that the development would increase parking/highways problems in the area. I am
satisfied that there would be adequate provision for the parking of vehicles clear of
the highway within the development site. As suggested by Highways I will require
that a footway be constructed across the site frontage.
Conclusion: I am satisfied the development accords with Policy GDP1.
2005 /0438
Page No 86
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No part of the development shall be commenced until samples of all external
facing materials have been submitted to and approved in writing by the Local
Planning Authority. The development shall only be carried out in strict accordance
with such details as are approved.
3.
Development shall only be carried out in strict accordance with the approved
plans or with any amendments thereto approved in writing by the Local Planning
Authority
4.
No development shall commence until a scheme of boundary treatments have
been submitted to and approved by the Local Planning Authority. The scheme, as
approved, shall be implemented prior to the first occupation of the dwelling hereby
approved.
5.
The vehicular turning area(s) as indicated on the submitted plan shall be
provided prior to occupation of the building(s) and shall thereafter be retained in a
usable condition.
6.
Visibility from the proposed access shall be 2.4 x 33 metres in both directions
measured to the centreline of the adjoining highway in which there shall be no
obstruction in excess of 1.05 metres in height.
7.
A 2 metre footway shall be constructed along the frontage of the development
site prior to the first occupation of the dwelling hereby approved. The footway shall
be constructed in accordance with a scheme that has previously agreed in writing with
the Local Planning Authority
REASON(S)
1.
To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
3.
To ensure that the development fully complies with the appropriate policies
and standards.
4.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
5.
To provide for the 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.
6.
To ensure that adequate visibility is provided at the point of access to the
highway
7.
In the interests of pedestrian safety
Page No 87
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
NOTE(S) TO APPLICANT
You should ensure that any difference between the plans approved under the Town
and Country Planning Acts and under the Building Regulations is resolved prior to
commencement of development, by formal submission of amended plans.
Page No 88
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0444
LOCATION:
Salvation Army Hall Y Stryt Fawr
Coedpoeth Wrexham
DATE RECEIVED:
22/04/2005
COMMUNITY:
Coedpoeth
DESCRIPTION:
Conversion of existing vacant chapel/hall
to single residential unit. Alteration to
existing vehicular and pedestrian access
and formation of off site parking
CASE OFFICER:
SB
WARD:
Coedpoeth
AGENT NAME:
ISP Architects
APPLICANT(S) NAME:
Mr A Murray
_____________________________________________________________________
THE SITE
A vacant chapel last used by the Salvation Army. The main road through Coedpoeth
lies directly in front of the site, Ysgol Bryn Tabor adjoins the site to the south-east,
Penygelli Infant School lies to the south-west and a private drive runs along the northwest boundary, which serves the hairdressers and dwellings on Heol Maelor.
9.
3m
s
23
26
O
24
23
22
20
a
17
bo
r
68
S
Ta
yn
18
25
21
Br
Heol Maelor
69
19
Site
la
ak
Private Access
nd
71
Ha
A
ll
67
66
School
School
17
OS Crown Copyright. WCBC Licence No. LA09021L
COEDPOETH C
PROPOSAL
As above.
HISTORY
None
Page No 89
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within recognised settlement limits as detailed in the Wrexham Unitary Development
Plan. Policy GDP1 and Local Planning Guidance Notes 16 and 21 apply.
CONSULTATIONS
Community Council
Local Members
Highways
Environment Agency
Property Services
Public Protection
Other Representations
Site Notice:
Concern about the access in such close proximity to the
school.
Consulted 26.04.05
No objection.
Consulted 26.04.05
No comment.
Consulted 26.04.05
Three objections raising the following issues:
 The building does not have any vehicular access and
any new access would cause a danger to pedestrians and
other road users on this busy road.
 The owners of 18 Heol Maelor own the wall alongside
the site, which they do not wish to see taken down.
 The access will be straight onto the A525 and is only
about 30 yards from the school entrance, which will cause a
danger.
 Visibility from the access will be grossly impaired
given that it is elevated and set back from the road and the
school wall, which will create a blind spot.
Expired 18.05.05
SPECIAL CONSIDERATIONS/ISSUES
Background: Permission is sought to convert an old chapel, last used by the
Salvation Army into a four-bed dwelling. It involves the construction of an additional
floor (within the existing structure) and a small extension to the rear reflective of the
existing lean-to building.
Policy: The site lies within recognised settlement limits as detailed in the Wrexham
Unitary Development Plan. There are therefore no objections in principle to
development. The main issues to consider therefore relate to the capability of the site
to support residential development without having a detrimental impact upon
residential amenity, highway safety, or the appearance of the area.
Highways: Highway advice indicates that although visibility to the site is extremely
poor and that the new access will only improve it slightly. However, it was accepted
that the existing use and the permitted uses within this class would generate a
significant amount of traffic beyond that which could be created by the proposed four
bed dwelling, which would create more highway problems by way of on-street
parking. Accordingly no objections are raised.
Page No 90
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Residential Amenity: The existing windows on the side elevation facing north-west
will be for habitable rooms. However, there will be no direct overlooking with
existing windows although they will overlook the shared rear accesses to Heol Maelor
which would not cause any loss of privacy.
Conclusion: Despite, the shortfall in the visibility of the access, the proposed use
will generate less traffic than the previous use and I am satisfied that the proposal
complies with all other relevant policies and guidelines.
P/2004 /1571
P/2005 /0444
RECOMMENDATION
That permission be GRANTED
CONDITION(S)
1.
The development hereby permitted shall be begun before the expiry of five
years from the date of this permission.
2.
No facing materials shall be used other than materials matching those used on
the existing building.
3.
The parking and turning area as indicated on the approved plan shall be laid
out and surfaced prior to the first occupation of the dwelling and shall thereafter be
permanently retained for such purpose free of all obstruction.
4.
This permission shall operate only to allow development to be carried out in
accordance with the approved drawings and the application documentation.
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995, no further development shall take place within the site
(other than the painting of the buildings).
5.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no gate, fence, wall or other means of enclosure
shall be erected, constructed or placed in front of the forward most part of the
dwelling fronting onto the highway.
6.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no garages shall be erected on the site.
7.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, no buildings (including any sheds, greenhouses,
outbuildings etc) shall be built, erected, or constructed on the land.
8.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order and apart from the windows proposed, no other
windows or openings shall be inserted into any elevation or any part of the roof.
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 order to ensure sufficient parking and turning clear of the highway.
Page No 91
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
4.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development is
carried out without the permission of the Local Planning Authority.
5.
To ensure a satisfactory standard of appearance of the development in the
interests of the visual amenities of the area.
6.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development is
carried out without the permission of the Local Planning Authority and to ensure a
satisfactory standard of appearance of the development in the interests of the visual
amenities of the area.
7.
Due to the restricted application site and its relationship with adjoining
properties it is considered important to ensure that no additional development is
carried out without the permission of the Local Planning Authority and to ensure a
satisfactory standard of appearance of the development in the interests of the visual
amenities of the area.
8.
To preserve the characteristics of the building.
_____________________________________________________________________
Page No 92
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0458
LOCATION:
1 Tower View Llangollen Road Acrefair
Wrexham
DATE RECEIVED:
27/04/2005
COMMUNITY:
Cefn
DESCRIPTION:
Extensions to dwelling
CASE OFFICER:
SEH
APPLICANT(S) NAME:
Landmark Building
WARD:
Cefn
AGENT NAME:
John R Miles, RIBA
_____________________________________________________________________
THE SITE
A an end-terrace property located at No.1 Tower View adjoining No.2 Tower View
and set forward from and adjacent to No.1 Pretoria Villas, Llangollen Road, Acrefair,
Johnstown.
6
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yn
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an
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Ha
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a
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120.1m
gh
No.1 Tower
View
1
To
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we
2
e
Vi
P
w
9
Proposed
Extension to
No.1
Pretoria Villas
1
o
re t
ria
V il
la s
7
G
Garage
le
nc
G
cr
t
ft
e
mo
na
ro
B
k
ro o
ot
le
nc
G
le
un
OS Crown Copyright. WCBC Licence No. LA09021L
PROPOSAL
Two storey extension to side of existing dwelling to provide carport and workshop
with additional bedroom, study and domestic store above.
HISTORY
None relevant.
Page No 93
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
DEVELOPMENT PLAN
Within recognised settlement limit of Acrefair in the Adopted Wrexham Unitary
Development Plan. Policies GDP1 and PS2 apply. Local Planning Guidance Notes
No.16 Parking Standards, No.20, House Extensions, and No.21 also apply.
CONSULTATIONS
Community Council:
Local Members:
Other Representations:
Site Notice:
Supports the application.
Cllr Coleman notified 28/4/05
Cllr Moysen.notified 28/04/05
One letter received, raising the following issues:
 This large extension to the terrace property detracts
from the amenity of the whole locality,
 Extension would cause severe loss of light to the
habitable rooms of the adjacent dwelling,
 Obstruction to the rights of way,
 Devaluation of the adjacent property,
 Restriction of view from habitable room windows,
 The proposed extension would be visually intrusive.
Expired 24/05/2005
SPECIAL CONSIDERATIONS/ISSUES
Background: This is an application for the erection of a two-storey side extension
with ground coverage of 77 square metres. The main issues to consider relate to the
impact upon the neighbouring properties and the effect on appearance of the locality
as a whole.
Residential Amenity: The proposed development would be on land directly in front
of the habitable room windows of No.1 Pretoria Villas. The development would have
a detrimental impact on the adjacent property by restricting the outlook from those
rooms and is so large as to create a claustrophobic effect, and represent a significant
visual intrusion and loss of light.
In order to establish whether the development causes a loss of light to the windows of
the adjacent property, the BRE 25-degree daylight test was carried out. In this case the
test fails and it is concluded that the development causes loss of daylight to an extent
that justifies a refusal of the development.
Design: The proposal is more than half the width of the original frontage of No1,
contrary to LPG 20, House Extensions, and is not in keeping with it. It is out of
character with the existing row of terraces and detrimentally affects the streetscene.
Highway Safety: The application site is currently used for the parking of vehicles,
this development would reduce the availability of parking spaces to 1No. (within the
proposed ‘carport’ area) contrary to LPG 16, Parking Standards. Further, the location
of the carport is unacceptable as being near to the junction with Llangollen Road, a
Page No 94
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
busy classified road. Any vehicle parked in this location would be forced to reverse
out of the site with little or no visibility resulting in a danger to all road users.
Other Issues: The issues of rights of way, loss of view and devaluation of property
raised, are not relevant planning considerations.
Conclusion:
The proposed development would have an adverse visual impact on the locality. The
extension is excessive in size, overdominating the existing end terraced property and,
is visually intrusive when viewed from the neighbouring habitable room windows,
causing a detrimental impact on the outlook from those rooms, and significant loss of
light.
P/2005 /0458
RECOMMENDATION
That permission be REFUSED
REASON(S)
1.
The development proposed is undesirable having regard to the adverse impact
on neighbouring dwellings in terms of loss of light and over shadowing. Further, the
proposed extension is of inappropriate scale and design in relation to the existing
dwelling, existing row of terraces, and detract from the appearance of the locality. To
allow the development would be contrary to Policy GDP1 (a) of the Wrexham Unitary
Development Plan and is contrary to the advice of paragraph 9.3.2 and 9.3.3 of
Planning Policy Wales and the Council's adopted Local Planning Guidance Note 20 House Extensions, and Local Planning Guidance Note 16 - Parking Standards.
_____________________________________________________________________
Page No 95
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0483
COMMUNITY:
Esclusham
WARD:
Esclusham
LOCATION:
Pavement And Grass Verge Opposite
Football Pitch on Vicarage Hill Rhostyllen
Wrexham
DESCRIPTION:
Siting and appearance of 15m monopole
with 3 no. antennas, 1 dish, 5 no.
equipment cabinets and ancillary
equipment
DATE RECEIVED:
03/05/2005
CASE OFFICER:
JGK
AGENT NAME:
Patrick Farfan Associates
Ltd
APPLICANT(S) NAME:
Orange PCS Ltd
_____________________________________________________________________
THE SITE
Pavement and grass verge on south side of road opposite football pitch on Vicarage
Hill, Rhostyllen, Wrexham.
Application Site
Spor t s G r ound
Rh o s ty l l e n
Ra ilwa
y
Cr oesf oel I ndust r ial Est at e
Cr oesf oel I ndust r ial Est at e
Glanyrafon
Br oo
k
G lan- yr - af on
Br idge
Existing
mast
Cr oesf oel Far m
A
48
3
Spoil
Heap
Ber sham Collier y
A
48
3
Plas G r ono
Far m
k
ntled
B ro
o
Disma
on
Glanyraf
A
48
3
OS Crown Copyright. WCBC Licence No. LA09021L
A
48
3
PROPOSAL
Siting and appearance of 15m monopole with antennas, 1 dish, 5 equipment cabins
and ancillary equipment.
This development is permitted development by virtue of the provisions of Part 24 of
Schedule 2 of the Town and Country Planning (General Development)
(Amendment) (Wales) Order 2002. Nevertheless, it is conditional upon the operator
Page No 96
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
making an application for the authority’s determination concerning prior approval
of siting and appearance.
RELEVANT HISTORY
None.
DEVELOPMENT PLAN
Outside settlement limit as shown in the adopted Unitary Development Plan. Policies
PS1, PS2, GDP1, and CLF8 apply. Planning Policy Guidance (Wales) Technical
Advice Note 19 – Telecommunications.
CONSULTATIONS
Community Council:
Local Member:
Highways:
Public Protection:
Site Notice:
Adjoining Occupiers:
Notified 04.05.05.
Notified 04.05.05.
Notified 04.05.05.
Notified 04.05.05.
Expired 03.06.05.
Notified
SPECIAL CONSIDERATIONS/ISSUES
Policy: There are no objections in principle with the proposal. However, it must
comply with Wrexham UDP Policies PS2, GDP1 and CLF8. Development Plan
policies allow for the development of telecommunications facilities whilst ensuring
that masts or installations are carefully sited to avoid or minimise any visual intrusion
upon the landscape/townscape. National Guidance on telecommunications in Wales
is contained in Planning Policy Wales Technical Guidance Advice Note (Wales) 19 –
Telecommunications. The importance of providing an efficient telecommunication
infrastructure is rightly considered crucial to the economic viability of Wales.
However, advice goes on to state this provision must be made, avoiding adverse
impact upon the environment. Wrexham UDP Policy CLF8 is as follows:
“The development of telecommunications facilities and related infrastructure
will be permitted, having regard to technical and operational considerations,
where an appraisal has been carried out:(a)
firstly, of the potential for sharing other masts and sites; if there is no
potential
(b)
secondly, of the potential to use existing buildings and structures; if
there is no potential
(c)
thirdly, of the potential to use other sites.
The siting of any development should minimise the impact on the local
landscape / townscape, and should comprise measures of mitigation of any
adverse impact, as appropriate.
Page No 97
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
This policy aims to facilitate the growth of new and existing systems whilst ensuring
that masts or installations are carefully sited to avoid or minimise any visual intrusion
upon the landscape/townscape.
Site selection: Details submitted with the application identifies the selection process
undertaken by the applicant, the alternative sites considered and the reasons why each
were unsuitable. Five sites were considered. I consider that sufficient investigation
has been given to alternative sites in line with advice detailed in the Code of Best
Practice on Mobile Phone Network Development produced by the Welsh Assembly in
July 2003.
Mast sharing: In accordance with UDP Policy and TAN 19 the possibility of
erecting antennas on existing masts or sharing existing sites needs to be explored.
There is an existing monopole mast located close to the Little Chef near the Croesfoel
roundabout. To share this mast would require redevelopment resulting in a taller and
larger structure capable of supporting the required equipment. The agent has supplied
me with some information but I am awaiting further clarification of my specific
questions.
Pre-application consultation: Mobile phone operators also have a commitment, as
identified in the Code of Best Practice, to carry out consultation in accordance with a
rating determined under the Traffic Light Model. This allows the site to be rated by
the operator according to its likely sensitivity in terms of environmental, planning and
community considerations and a plan is devised that sets out any additional
consultation prior to submitting an application. The supplementary information
provided suggests that the site is rated as “green” in the traffic light assessment. It
does state that the agent wrote to the Council by letter dated 14th April and states that
no reply had been received when the application was submitted on 27th April which is
clearly inadequate time for a considered response. There has also been no preapplication consultation with the local community – the green rating suggests this is
not a pre-requisite.
Siting and appearance: The agent has suggested that the choice of a “slim
monopole disguised as a telegraph pole” is adequate. I do not accept that a 15 metre
high pole could be mistaken for a telegraph pole which are generally much shorter.
Health effects and public perception: I have not yet received responses from the
local community, Community Council or other consultees. However, it may be that
these could result in concerns relating to health issues. The Welsh Assembly states in
TAN 19 that the planning system is not the place for determining health safeguards.
It remains the Government’s responsibility to decide what measures are necessary to
protect public health. The Government and the Welsh Assembly have declared that
applications for prior approval or planning permission for development, which
involve the construction/installation of development such as described in this
application, need to be accompanied with a declaration that the equipment will
operate in full compliance with the International Commission on Non-Ionizing
Radiation Protection ICNIRP guidelines. It is the Assembly’s view that were
transmissions from a proposed base station would meet the ICNRP guidelines it
Page No 98
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
should not be necessary for a local planning authority in processing an application to
consider further the health aspects and concerns about them. The application
documents include such a Declaration of Conformity with ICNIRP Public Exposure
Guidelines.
With regard to ‘perception of risk’, it is clear that this can be a material planning
consideration. However, it must be weighed along with other considerations,
including government policy guidance and the expertise of its independent advice. It
also is clear that there must be some reasonable substance to those fears and totally
unsupported fear should have very limited weight indeed. Whilst I accept the
materiality of concerns about the health and well being of those who live in the
locality, I consider that there is no basis in national policy for determining that prior
approval is not required for that reason alone. A finding of ‘no risk’ can never be
achieved with complete certainty in relation to anything and, in the absence of any
widely-accepted demonstrable risk, we are left with perception. Perception of risk is a
material consideration, but while it must be considered it is given little weight by
Planning Inspectors and the Court in the decision making process where conformance
with the ICNIRP guidelines is demonstrated.
Conclusion: At the time of compiling this report, I am not satisfied that the
applicant/agent has undertaken adequate pre-application consultation, properly
investigated the possibilities of mast/site sharing or sufficiently justified that the
proposed site is the most appropriate. It is not in accord with UDP Policies or
national guidance or the agreed code of best practice.
Members are reminded that the local planning authority has 56 days, beginning
with the date on receipt of the application, in which to notify its determination on
whether prior approval is required to siting and appearance and to notify the
applicant of its decision to give or refuse such approval. There is no power to
extend the 56 day period. If no decision is made, or the local planning authority
fails to notify the developer of its decision within the 56 days, permission is deemed
to have been granted. The 56 day period expires on 28/06/05.
RECOMMENDATION
Wrexham County Borough Council hereby determines that prior approval for the
siting and design of the proposal is required and refuses the proposal for the following
reason:-
Page No 99
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
REASON(S)
1.
The application has not demonstrated that:



sufficient pre-application consultation has been undertaken;
full consideration has been given to the possibilities of mast or site
sharing;
adequate justification has been made that the proposed site is appropriate
or what mitigation could address any shortcomings.
To allow the proposed development would be contrary to Policies PS2, GDP1 and
CLF8 of the Wrexham Unitary Development Plan. It does not conform to the
principles of Planning Policy Wales and Planning Guidance (Wales) Technical
Guidance Advice Note (Wales) 19 or the Code of Best Practice on Mobile Phone
Network Development produced by the Welsh Assembly in July 2003.
_____________________________________________________________________
Page No 100
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
APPLICATION NO:
P/2005 /0484
LOCATION:
Stellas Field Berse Road Rhyd Broughton
Wrexham
DATE RECEIVED:
02/05/2005
COMMUNITY:
Broughton
DESCRIPTION:
Siting and appearance of 15m monopole
with 3 antennas, 2 dishes, 6 equipment
cabinets and ancillary equipment
CASE OFFICER:
JGK
WARD:
New Broughton
AGENT NAME:
Patrick Farfan Associates
Ltd
APPLICANT(S) NAME:
Orange PCS Ltd
_____________________________________________________________________
THE SITE
Stellas Field, Berse Road, Rhyd Broughton, Wrexham.
B
E
R
S
E
R
O
A
D
96. 3m
Application site
B
54
33
G
A
T
BE
E
W
LV ED
NO
ER
ER
E DR
A
IV E
D
N
W RE O A D
TE
GA
BE LV
BE RS
ERO
ED
ER
E DR
IV E
AD
A
48
3
The Bungalow
F e rn d a l e Ga rd e n Ce n tre
Plas G or or au
RHY
D B
ROU
GHT
ON
LA N
E
Hor t icult ur e
Tr aining
Cent r e
48
3
Wr exham Technology Par k
Y
W A
CE
A
LI
EL
Existing mast
Sensor House
B
ro
m
fi e
ld
H
OS Crown Copyright. WCBC Licence No. LA09021L
G wenf r o Unit s
C
R
O
ou
se
Nyquist House
E
S
N
E
W
Y
D
D
R
O
A
D
PROPOSAL
Siting and appearance of 15m monopole with antennas, 2 dishes, 6 equipment cabins
and ancillary equipment.
This development is permitted development by virtue of the provisions of Part 24 of
Schedule 2 of the Town and Country Planning (General Development)
(Amendment) (Wales) Order 2002. Nevertheless, it is conditional upon the operator
making an application for the authority’s determination concerning prior approval
of siting and appearance.
Page No 101
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RELEVANT HISTORY
P/2003/1395 Telecommunications base station, comprising 15m tapered timber
monopole style telecommunications mast, 3 panel antennae, 2 no
300mm diameter dish antennae, radio equipment housing and ancillary
development. Granted 27.01.04.
DEVELOPMENT PLAN
Outside of any settlement limit and in open countryside and Green Barrier as shown
in the adopted Wrexham Unitary Development Plan. UDP Policies PS1, PS2, GDP1,
EC1, EC4 and CLF8. Planning Policy Guidance (Wales) Technical Advice Note 19 –
Telecommunications.
CONSULTATIONS
Community Council:
Local Member:
CHPPO
:
Site Notice:
Adjoining Occupiers:
Notified 04.05.05.
Notified 04.05.05.
Notified 04.05.05.
Expired 03.06.05.
Notified
SPECIAL CONSIDERATIONS/ISSUES
Policy: There are no objections in principle with the proposal. However, it must
comply with Wrexham UDP Policies PS2, GDP1 and CLF8. Development Plan
policies allow for the development of telecommunications facilities whilst ensuring
that masts or installations are carefully sited to avoid or minimise any visual intrusion
upon the landscape/townscape. National Guidance on telecommunications in Wales
is contained in Planning Policy Wales Technical Guidance Advice Note (Wales) 19 –
Telecommunications. The importance of providing an efficient telecommunication
infrastructure is rightly considered crucial to the economic viability of Wales.
However, advice goes on to state this provision must be made, avoiding adverse
impact upon the environment. Wrexham UDP Policy CLF8 is as follows:
“The development of telecommunications facilities and related infrastructure
will be permitted, having regard to technical and operational considerations,
where an appraisal has been carried out:(a)
firstly, of the potential for sharing other masts and sites; if there is no
potential
(b)
secondly, of the potential to use existing buildings and structures; if
there is no potential
(c)
thirdly, of the potential to use other sites.
The siting of any development should minimise the impact on the local
landscape / townscape, and should comprise measures of mitigation of any
adverse impact, as appropriate.
This policy aims to facilitate the growth of new and existing systems whilst ensuring
that masts or installations are carefully sited to avoid or minimise any visual intrusion
upon the landscape/townscape.
Page No 102
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
Site selection: Details submitted with the application identifies the selection process
undertaken by the applicant, the alternative sites considered and the reasons why each
were unsuitable. Five sites were considered. I consider that sufficient investigation
has been given to alternative sites in line with advice detailed in the Code of Best
Practice on Mobile Phone Network Development produced by the Welsh Assembly in
July 2003.
Mast sharing: In accordance with UDP Policy and TAN 19 the possibility of
erecting antennas on existing masts or sharing existing sites needs to be explored. A
mast has been installed in this location following consent in January 2004 (see
location in the above map). The supplementary information accompanying the
application shows that consideration has been given to sharing this mast but stating
that it would require significant redevelopment resulting in a taller and larger structure
capable of supporting the required equipment. TAN 19 does go on to state that “ …
site sharing as opposed to mast sharing may be appropriate.” However, I do not
consider that sufficient investigation has been given to the environmental
considerations demonstrating that site sharing is more appropriate than mast sharing.
Pre-application consultation: Mobile phone operators also have a commitment, as
identified in the Code of Best Practice, to carry out consultation in accordance with a
rating determined under the Traffic Light Model. This allows the site to be rated by
the operator according to its likely sensitivity in terms of environmental, planning and
community considerations and a plan is devised that sets out any additional
consultation prior to submitting an application. The supplementary information
provided by the applicant confirms that they believe that the site as a “green” rating in
the Traffic Light Model rating. It does state that the agent wrote to the Council by
letter dated 14th April. It went on to state that no reply had been received when the
application was submitted on 29th April. There has also been no pre-application
consultation with the local community (although this is not essential for green light
sites). I do not consider that the operator has given the Council sufficient time to
allow for adequate consideration of the proposal prior to submitting an application
and, if appropriate suggesting additional consultees.
Siting and appearance: The agent has provided a limited assessment of the
proposed site. The submitted plans do describe the mast as a timber monopole to
minimise the impact of the proposal. It is suggested that the justification is that there
are “ many trees, lampposts and a telecommunications mast of the same design”
There is no suggestion of using supplementary planting. The mast is almost double
the height of nearby trees. It may be that the proposed site is appropriate; however I
consider that the agent has not provided sufficient information to justify the use of this
location. Consequently, I am not satisfied that the proposed development will be
appropriately sited and not be out of place in this locality in relation to its appearance.
Health effects and public perception: I have not yet received responses from the
local community, Community Council or other consultees. However, it may be that
these could result in concerns relating to health issues. The Welsh Assembly states in
TAN 19 that the planning system is not the place for determining health safeguards.
It remains the Government’s responsibility to decide what measures are necessary to
Page No 103
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
protect public health. The Government and the Welsh Assembly have declared that
applications for prior approval or planning permission for development, which
involve the construction/installation of development such as described in this
application, need to be accompanied with a declaration that the equipment will
operate in full compliance with the International Commission on Non-Ionizing
Radiation Protection ICNIRP guidelines. It is the Assembly’s view that were
transmissions from a proposed base station would meet the ICNRP guidelines it
should not be necessary for a local planning authority in processing an application to
consider further the health aspects and concerns about them. The application
documents include such a Declaration of Conformity with ICNIRP Public Exposure
Guidelines.
With regard to ‘perception of risk’, it is clear that this can be a material planning
consideration. However, it must be weighed along with other considerations,
including government policy guidance and the expertise of its independent advice. It
also is clear that there must be some reasonable substance to those fears and totally
unsupported fear should have very limited weight indeed. Whilst I accept the
materiality of concerns about the health and well being of those who live in the
locality, I consider that there is no basis in national policy for determining that prior
approval is not required for that reason alone. A finding of ‘no risk’ can never be
achieved with complete certainty in relation to anything and, in the absence of any
widely-accepted demonstrable risk, we are left with perception. Perception of risk is a
material consideration, but while it must be considered it is given little weight by
Planning Inspectors and the Court in the decision making process where conformance
with the ICNIRP guidelines is demonstrated.
Conclusion: I am not satisfied that the applicant/agent has undertaken adequate preapplication consultation, investigated the possibilities of mast/site sharing or
sufficiently justified that the proposed site is the most appropriate. It is not in accord
with UDP Policies or national guidance or the agreed code of best practice.
Members are reminded that the local planning authority has 56 days, beginning
with the date on receipt of the application, in which to notify its determination on
whether prior approval is required to siting and appearance and to notify the
applicant of its decision to give or refuse such approval. There is no power to
extend the 56 day period. If no decision is made, or the local planning authority
fails to notify the developer of its decision within the 56 days, permission is deemed
to have been granted. The 56 day period expires on 27/06/05.
RECOMMENDATION
Wrexham County Borough Council hereby determines that prior approval for the
siting and design of the proposal is required and refuses the proposal for the following
reason/s:-
Page No 104
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
REASON(S)
1.
The application has not demonstrated that:
 sufficient pre-application consultation has been undertaken;
 any consideration has been given to the possibilities of mast or site
sharing;
 adequate justification has been made that the proposed site is appropriate
or what mitigation could address any shortcomings.
To allow the proposed development would be contrary to Policies PS2, GDP1 and
CLF8 of the Wrexham Unitary Development Plan. It does not conform to the
principles of Planning Policy Wales and Planning Guidance (Wales) Technical
Guidance Note (Wales) 19 or the Code of Best Practice on Mobile Phone Network
Development produced by the Welsh Assembly in July 2003.
_____________________________________________________________________
Page No 105
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
List of Delegated Decisions
RHO
P/2004/0035
GRANTED
on 19/05/2005
26 Gutter Hill Johnstown
Wrexham LL141LT
Conversion of property back to original
state as 2 No. dwellings.
RUA
P/2004/0294
WITHDRAWN
on 19/05/2005
Ruabon Business Park West Of
A483(T) & South Of A539
Ruabon Wrexham LL146DP
Vary condition No. 1 imposed under
planning permission Code No.
P/2003/0058 to allow a further one year
period within which to submit application
for Approval of Reserved Matters
OVE
P/2004/1453
GRANTED
on 03/05/2005
Gwalia Farm Overton Wrexham Listed Building Consent for alterations to
LL130LG
farm building to form dwelling
LLR
P/2004/1459
GRANTED
on 13/05/2005
Argoed Hall Gate Road
Froncysyllte Wrexham
LL207RH
Conversion of existing building to 7
apartments, conversion of coach house to
residential, construction of new garage
blocks
BRO
P/2005/0038
GRANTED
on 03/03/2005
The Vicarage Berse Drelincourt,
Berse Road Caego Wrexham
LL116SL
Alterations and extensions
COE
P/2005/0131
WITHDRAWN
on 23/05/2005
Land Off Penygelli Road
Coedpoeth Wrexham LL113RN
Outline Planning Permission for
Residential Devlopment and Construction
of New Vehicular and Pedestrian Access
WRR
P/2005/0132
GRANTED
on 19/05/2005
Aldi Foodstore Ltd Retail Park,
Plas Coch Road Wrexham
LL112BA
Extension to Store
ABE
P/2005/0142
GRANTED
on 11/05/2005
Blackwood House Ash Road
South Wrexham LL139UG
Construction of New Office Block
ESC
P/2005/0144
GRANTED
on 25/05/2005
Dickens Garage Wrexham Road, Erection of vehicle service bay
Croesfoel Rhostyllen Wrexham
LL144EJ
Page No 106
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
CHI
P/2005/0146
GRANTED
on 19/05/2005
65 Shepherds Lane Church View Two storey extension
Chirk Wrexham LL145PF
RHO
P/2005/0188
WITHDRAWN
on 06/05/2005
Land Adjoining 8 Grango Lane
Ponciau Wrexham LL141ER
HOL
P/2005/0207
GRANTED
on 19/05/2005
Barns At Borras Hall Borras
Alteration to existing Listed Building
Hall Lane Llan-y-pwll Wrexham consent P/2003/0494 with new/modified
LL139SG
openings in external walls and replacement
of roof vents
MAE
P/2005/0226
GRANTED
on 06/05/2005
Malvern Halghton Lane Penley
Wrexham LL130LS
Extensions and alterations
BRN
P/2005/0248
REFUSED
on 13/05/2005
3 Oakfield Close School Lane
Bronington Whitchurch
Shropshire SY133GZ
Inclusion of agricultural land within
residential curtilage and removal of
dilapidated holly hedge (partly in
retrospect)
MAR
P/2005/0254
GRANTED
on 03/05/2005
40 The Ridgeway Marchwiel
Wrexham LL130SB
Alterations and extensions to existing
dwelling
GWE
P/2005/0259
GRANTED
on 05/05/2005
Land at Mold Road Gwersyllt
Wrexham LL114ZL
Erection of 75 no. dwellings with garages
and construction of new vehicular and
pedestrian access
PEN
P/2005/0261
GRANTED
on 29/04/2005
4 Chapel Street Penycae
Wrexham LL142RF
Outline application for erection of a
dwelling and alteration to existing
vehicular and pedestrian access
BRO
P/2005/0266
GRANTED
on 04/05/2005
Land adj to Windy Ridge
Clayton Road Pentre Broughton
Wrexham LL116BL
Erection of 1 no. dwelling and alteration to
existing vehicular and pedestrian access
CEI
P/2005/0267
GRANTED
on 11/05/2005
Land Adj To Porth Y Cwm
Llanarmon Dyffryn Ceiriog
Llangollen Wrexham LL207LE
Erection of 2 no. pairs of semi-detached
houses and construction of new vehicular
access
Erection of 4 bedroom detached dwelling
with garage and construction of new
vehicular and pedestrian access
Page No 107
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
WRA
P/2005/0270
REFUSED
on 06/05/2005
53 Smithy Lane Wrexham
LL128JN
Change of use from architect office to
physiotherapy clinic (in retrospect)
OVE
P/2005/0276
GRANTED
on 13/05/2005
The Hollies Knolton Overton
Wrexham LL130LF
Alterations and extensions
LLA
P/2005/0282
GRANTED
on 03/05/2005
Former R & J Vegetables Unit 1
- Alyn Industrial Estate Mold
Road Cefn-y-bedd Wrexham
LL129YG
Change of use to cafe (hours of opening
8am - 3pm) together with hot/cold food
takeaway
ROS
P/2005/0290
GRANTED
on 28/04/2005
Roseway Chapel Lane Rossett
Wrexham LL120EE
Creation of garden room link between
house and garage
GRE
P/2005/0293
REFUSED
on 04/05/2005
Swn Y Coed Turnpike Lane
Marford Wrexham LL128SE
Conversion of existing garage to 2
bedroomed dwelling
CEF
P/2005/0296
GRANTED
on 06/05/2005
Braemore Hill Street Cefn Mawr
Wrexham LL143BB
Alterations to vehicular access
WRC
P/2005/0298
GRANTED
on 28/04/2005
The Foyer Crescent Road
Wrexham LL138HF
Change of 2 no. resource/conference rooms
within the Wrexham Foyer to
accommodate office for Wrexham Care
and Repair Agency
BRO
P/2005/0301
GRANTED
on 29/04/2005
Land Adjacent 11 Clayton Road
Pentre Broughton Wrexham
LL116BL
Outline application for residential
development and demolition of existing
garages
HAN
P/2005/0303
GRANTED
on 04/05/2005
Halghton Mill Whitchurch Road
Bangor Isycoed Wrexham
LL130BN
Kitchen Extension over Existing Garage
HOL
P/2005/0304
GRANTED
on 23/05/2005
Bryn Villa Hugmore Lane LlanY-Pwll Wrexham
Erection of replacement dwelling and
alteration to existing vehicular access and
pedestrian access
Page No 108
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
RHO
P/2005/0309
GRANTED
on 12/05/2005
67 Bangor Road Johnstown
Wrexham LL142SR
Ground floor rear extension to include
swimming pool
BRO
P/2005/0310
GRANTED
on 29/04/2005
1 Longview Road Pentre
Broughton Wrexham LL116DJ
Single storey conservatory to side of
dwelling
WRC
P/2005/0313
GRANTED
on 03/05/2005
Halfords Ltd Mount Street
Wrexham LL138DN
Change of use of vacant car servicing bay
within existing retail warehouse unit to
Non-Food retail within class A1
ESC
P/2005/0314
REFUSED
on 12/05/2005
The Barn Fennant Court
Johnstown Wrexham LL14 4PJ
Erection of detached triple garage
RHO
P/2005/0316
GRANTED
on 11/05/2005
62 Bangor Road Johnstown
Wrexham LL142SP
Single storey kitchen/living room extension
LLA
P/2005/0318
GRANTED
on 28/04/2005
Land Fronting Seventh Avenue
Llay Wrexham LL120SA
Outline application for erection of terrace
of 3 no. residential units and construction
of new vehicular access
PEN
P/2005/0322
GRANTED
on 06/05/2005
Ferndale Afoneitha Road
Penycae Wrexham LL142DH
Two storey extension to create garage and
master bedroom
PEN
P/2005/0324
GRANTED
on 12/05/2005
Land Adjoining Rhos Y Fedwen
Poplar Road Penycae Wrexham
LL142PT
Erection of one dwelling
HOL
P/2005/0326
GRANTED
on 17/05/2005
Land off Bryn Estyn Road
Wrexham
New golf facilities to include short game
academy, 9 hole par 3 course and 2 new
holes for main course
RUA
P/2005/0327
GRANTED
on 13/05/2005
2 Paddock Row Ruabon
Wrexham LL146DD
Two storey rear extension and conservatory
Page No 109
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
BRY
P/2005/0329
GRANTED
on 06/05/2005
Glyncoed College Hill Tanyfron
Wrexham LL115TF
Rear first floor shower room extension
WRR
P/2005/0331
GRANTED
on 12/05/2005
78 Snowdon Drive Wrexham
LL112YA
Single storey extension to kitchen and
dining room
BRO
P/2005/0333
GRANTED
on 04/05/2005
Glen Holme Main Road Caego
Wrexham LL116TS
Alterations and additions to existing
dwelling
CEF
P/2005/0336
GRANTED
on 24/05/2005
Plot 2 Park Road Rhosymedre
Wrexham LL143YP
New storage unit and yard for scaffolding
business and relocation or existing
office/portaloo
GWE
P/2005/0337
GRANTED
on 09/05/2005
Laundry Junction Of New Llay
Road Rhosrobin Wrexham
LL114RG
Outline application for residential
development and construction of new
vehicular and pedestrian access
RUA
P/2005/0338
REFUSED
on 03/05/2005
3 Astridge Park Gyfelia
Wrexham LL130YH
Conservatory extension
WRA
P/2005/0339
GRANTED
on 09/05/2005
136-138 Borras Road Wrexham
LL139ER
Two storey extension
HAN
P/2005/0341
GRANTED
on 09/05/2005
11 Striga Bank Hanmer
Whitchurch Shropshire
SY133BJ
Single storey rear extension
HOL
P/2005/0343
GRANTED
on 03/05/2005
9 Vicarage Court Holt Wrexham
LL139AL
Alterations and extensions
WRR
P/2005/0344
GRANTED
on 19/05/2005
3 Westleigh Way Wrexham
LL112HJ
Rear extension to bungalow incorporating
kitchen, study and lounge
Page No 110
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
LLA
P/2005/0347
GRANTED
on 12/05/2005
4 Penderyn Way Llay Wrexham
LL120RW
Kitchen, sun lounge, bedroom and porch
extensions
BRO
P/2005/0348
GRANTED
on 19/05/2005
8 Green Meadows New
Broughton Wrexham LL116SG
Relaxation of Condition No. 3 in order to
move window to north east elevation
(window will be non-opening and have
obscure glass)
COE
P/2005/0349
GRANTED
on 09/05/2005
2 Heol Wen Coedpoeth
Wrexham LL113HD
Erection of garage and store
WRC
P/2005/0353
GRANTED
on 19/05/2005
16 Newport Close Wrexham
LL13OJZ
Extension over garage to provide additional
living accommodation and alterations to
rear conservatory
CEF
P/2005/0354
GRANTED
on 10/05/2005
56 Coronation Street Cefn Mawr
Wrexham LL143PW
Extensions to form kitchen, bedrooms and
conservatory
GWE
P/2005/0356
GRANTED
on 19/05/2005
4 Carlton Drive Gwersyllt
Wrexham LL114RS
Outline application to erect 1 No. three
bedroomed detached dwelling
RUA
P/2005/0357
GRANTED
on 19/05/2005
Bridge End Public House Bridge
Street Ruabon Wrexham
LL146DG
Felling of elm tree
CEF
P/2005/0358
GRANTED
on 19/05/2005
Former Enterprise, Chemist and
Cheers Crane Street Cefn Mawr
Wrexham LL143AB
Alterations, modernisation and extensions
ROS
P/2005/0360
GRANTED
on 19/05/2005
19 Darland View Rossett
Wrexham LL120EH
Single storey rear extension
GRE
P/2005/0362
GRANTED
on 19/05/2005
2 Orchard View Gresford
Wrexham LL128NL
Extension to front of property to create bay
window and covered porch area
Page No 111
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
WRO
P/2005/0363
GRANTED
on 19/05/2005
8 Green Park Wrexham
LL137YE
First floor extension to dwelling and
erection of new garage
RHO
P/2005/0364
REFUSED
on 11/05/2005
33 Maes Isaf Johnstown
Wrexham LL141UU
Entrance porch with shower room
BRY
P/2005/0366
GRANTED
on 19/05/2005
5 The Court Yard Ffynnon Y
Ceirw, Brymbo Road
Bwlchgwyn Wrexham
LL115UA
Two storey side extension to existing
dwelling
ISY
P/2005/0369
GRANTED
on 19/05/2005
Land To Rear Of Limpet Labels
Abbey Road Wrexham
Industrial Estate Wrexham
LL139XG
Construction of an industrial unit
GLY
P/2005/0371
REFUSED
on 03/05/2005
Ty Mawr Erwallo Dolywern
Pontfadog Llangollen Wrexham
LL207AG
Detached double garage with hobby rooms
OVE
P/2005/0377
GRANTED
on 24/05/2005
13 Bangor Road Overton
Wrexham LL130HB
Two storey gable extension
GRE
P/2005/0381
GRANTED
on 10/05/2005
42 Stancliffe Avenue Marford
Wrexham LL128LW
Extension to existing property
LGC
P/2005/0382
GRANTED
on 19/05/2005
6 Maybury Avenue Glyn Ceiriog Loft conversion and extension to dwelling
Llangollen Wrexham LL207EY for utility room
LLA
P/2005/0383
GRANTED
on 10/05/2005
19 Ffordd Gwenllian Llay
Wrexham LL120UW
Single storey rear extension and pitched
roof to existing dormer
RHO
P/2005/0384
GRANTED
on 19/05/2005
2 Tudor Court Johnstown
Wrexham LL141RJ
Erection of rear conservatory
Page No 112
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
WRA
P/2005/0385
GRANTED
on 19/05/2005
Rowlands Pharmacy 26 Borras
Installation of steel security roller shutter
Park Road Wrexham LL127TH
ROS
P/2005/0390
GRANTED
on 24/05/2005
Roft Cottage Burton Road
Rossett Wrexham LL120HY
Erection of 2 no. dwellings with detached
garages and alterations to existing
vehicular access
CEF
P/2005/0397
REFUSED
on 24/05/2005
Land at Plas Kynaston Lane
Cefn Mawr Wrexham
LL143AT
Erection of 2 no. three bedroom dwellings
LLA
P/2005/0401
GRANTED
on 19/05/2005
88 Shones Lane Llay Wrexham
LL120PL
Demolish existing outbuilding and erection
of rear kitchen extension and associated
works
CHI
P/2005/0406
GRANTED
on 19/05/2005
Chirk Golf Club Chirk
Wrexham LL145AD
Extension to existing golf club (renewal of
Planning permission code P/2000/0229)
OVE
P/2005/0407
GRANTED
on 19/05/2005
Yew Tree Cottage Station Road
Overton Wrexham LL130LJ
Two storey extension to rear and utility
room to side
CEF
P/2005/0414
GRANTED
on 19/05/2005
Bank Cottage Well Street Cefn
Mawr Wrexham LL143AE
Erection of new garage and storeroom
WRO
P/2005/0417
GRANTED
on 24/05/2005
5 Royton Close Wrexham
LL137EP
Kitchen extension
ISY
P/2005/0419
GRANTED
on 25/05/2005
The Cottage Sun Lane Bowling
Bank Wrexham LL139RW
Demolition of porch, garage and rear
extension and erection of new extension
CEF
P/2005/0423
REFUSED
on 24/05/2005
Part of garden of Bro Awelon
Coed Richard Acrefair
Wrexham LL143HS
Outline application for erection of dwelling
Page No 113
REPORT OF THE CHIEF PLANNING OFFICER – Date 6th June 2005
LLA
P/2005/0425
GRANTED
on 19/05/2005
Bryn yr Eithin Farmhouse Park
Road Cefn-y-bedd Wrexham
LL129YF
Extension and replacement conservatory
WRR
P/2005/0428
REFUSED
on 17/05/2005
43 Park Street Rhosddu
Wrexham LL112NN
Kitchen and bathroom extension and loft
conversion
BRY
P/2005/0430
GRANTED
on 19/05/2005
Sharian Cefn Road Bwlchgwyn
Wrexham LL115YE
Demolition of existing porch and
conservatory to rear and erection of
replacement conservatory
MAE
P/2005/0437
GRANTED
on 19/05/2005
2 Cambrian View Bettisfield
Whitchurch Shropshire
SY132LL
Two storey kitchen and bedroom extension
BAN
P/2005/0539
WITHDRAWN
on 19/05/2005
4 Chester Way Bangor Isycoed
Wrexham LL130JQ
Bedroom and en-suite extension