Item 4. Page 15. Planning Committee REPORT TO: HEP/81/16 REPORT NO. DATE: 7 November Head of Environment and Planning REPORTING OFFICER:

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1 Item 4 REPORT TO: REPORT NO. Planning Committee HEP/81/16 DATE: 7 November 2016 REPORTING OFFICER: Head of Environment and Planning CONTACT OFFICER: David Williams (Ext 8775) SUBJECT: WARD: Development Control Applications N/A PURPOSE OF THE REPORT To determine the listed planning applications. INFORMATION Detailed reports on each application together with the recommendations are attached. RECOMMENDATION See attached reports. BACKGROUND PAPERS None. Page 15

2 Community Code No Applicant Recommendation Pages PEN P/2015 /0561 MR M WRIGHT GRANT WRO P/2016 /0023 MR PAUL WOOLLAM GRANT ROS P/2016 /0384 MR IAN GARDEN GRANT GWE P/2016 /0655 MR PETER EAMES GRANT WRO P/2016 /0707 MR RODERICK MCLEAN GRANT LLR P/2016 /0716 MR WILLIAM NOTT GRANT GRE P/2016 /0755 MR DEREK ROBERTS GRANT GRE P/2016 /0756 MR DEREK ROBERTS GRANT WRA P/2016 /0767 MR CHRISTOPHER J GROSVENOR GRANT ROS P/2016 /0780 B DAVIES GRANT WRO P/2016 /0799 MRS COREEN HOWELL REFUSE WRA P/2016 /0816 MR STEPHEN MURPHY GRANT WRA P/2016 /0817 H3G UK LIMITED GRANT COE P/2016 /0836 MR IAN ELLIS GRANT WRC P/2016 /0847 BARDON PROPERTIES LTD MR DON BIRCHAM GRANT GWE P/2016 /0865 MR KIM TAYLOR GRANT ROS P/2016 /0875 MR & MRS S AND G ANTROBUS AND ROGERSON GRANT WRR P/2016 /0897 MR RUSSELL JONES GRANT Page 16

3 GRE P/2016 /0904 MR JONATHAN HUNT GRANT OVE P/2016 /0910 MR BARBER GRANT GLY P/2016 /0943 MR DAFYDD ROBERTS GRANT OVE P/2016 /0946 MR ABUL HUSSAIN GRANT WRA P/2016 /0956 MR DAVID ELLIS GRANT 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 17

4 APPLICATION NO: P/2015 /0561 COMMUNITY: Penycae WARD: Penycae & Ruabon South LOCATION: SITE OF WRIGHTS GARAGE AND ADJOINING LAND HALL STREET PENYCAE WREXHAM LL14 2RU DESCRIPTION: DEMOLITION OF GARAGE AND OUTLINE PLANNING PERMISSION FOR RESIDENTIAL DEVELOPMENT (8 DWELLINGS) WITH ALL DETAILED MATTERS RESERVED FOR FURTHER APPROVAL APPLICANT(S) NAME: MR M WRIGHT DATE RECEIVED: 20/07/2015 CASE OFFICER: SEH AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD THE SITE PROPOSAL As above. Page 18

5 RELEVANT PLANNING HISTORY None relevant DEVELOPMENT PLAN The application site is on Brownfield land and is located within the settlement limit. Policies PS1, PS2, PS3, PS4, GDP1, H2, EC13 and T8 of the Wrexham Unitary Development Plan (UDP) are applicable. These policies are amplified in Local Planning Guidance Notes (LPGN) Nos. 16 Parking Standards and 21 Space around Dwellings. CONSULTATIONS Community Council: Re-consulted Local Member: Re-notified Highways: No objection subject to conditions. WW: No objection subject to standard drainage conditions. NRW: No objection subject to conditions. PP: No objection subject to conditions relating to contaminated land and construction noise. Flood Officer: Satisfactory infiltration tests are required to show that the land can support the proposed soakaways. Once this is confirmed, there are no objections subject to conditions relation to SuDs. Education: Contribution required for Ruabon secondary School in accordance with LPGN 27. Site Notice: Expired Neighbours: 3 responses received sharing the following views: Loss of privacy and view; Potential noise from the demolition, building, builders, vehicles etc.; objection due to the fact that when it was a garage / business it was only operational from 9am - 5pm Mon - Fri which meant evenings and weekends there wasn't any disruption or noise from the garage. Building houses will dramatically change the environment with noise from families, dogs and vehicles etc.; Increased traffic generation will impact upon highway safety; Although the regeneration of the site will be beneficial for the area, access via the unadopted road is undesirable; Page 19

6 SPECIAL CONSIDERATIONS Loss of on-street parking which currently fronts the site where the access is intended; Access should not interfere with the bus stop. Re-consulted Background: The proposal is for the removal of the existing garage building and for the residential development of this brownfield land. The application is made in outline with all matters reserved for further consideration. An indicative site plan was originally submitted showing 9 no. two storey dwellings. This was considered to be discordant with the existing pattern of development and the applicant has now amended the scheme. An amended site layout plan is now provided showing the potential layout of the development for 8 no. dwellings (5 two storey and 3 bungalows). The main issues to consider relate to the impact of the development upon the character and appearance of the area, the impact upon the amenities of the occupiers of the adjacent properties, and the impact upon highway safety. Policy: The proposed development of the land for housing accords with UDP Policies PS1, PS2, PS3 and PS4 which are the strategic polices which relate to the broad location of the development. It is also in accordance with Policies H2 and GDP1 which allow for residential development of land within settlement limits provided that it accordance with the character of the site, the development would make a positive contribution to the appearance of the area. Highways: The development will have 3 access points. There will be two access onto Hall Street (which is subject to a 30mph speed limit), one serving 5 dwellings, the other being a driveway serving one property. The other access is via an unadopted road to the west of the site and will serve 2 dwellings. Adequate visibility in accordance with national guidance is achievable from the proposed access points on Hall Street. The access onto the unadopted road is substandard however the traffic generated by the 2 properties served by it will be significantly lower than that generated by the users of the existing garage and will be an improvement in terms of highway safety. The highway authority has requested conditions be attached to the permission to secure the visibility splays together with a footway across the site frontage which will to the benefit of all road users. Scale, Design and Site Layout: Whilst the proposal is made in outline, with matters relating to layout, scale and appearance reserved for approval at a later stage, the Council can broadly rely upon the contents of the illustrative plan and supporting documentation, such as the Design and Access Statement, in determining the anticipated impact of the development. The proposed site layout (as amended) demonstrates that it is possible to achieve Page 20

7 a functional development that sits comfortably in the street scene and makes a positive contribution to the character and appearance of the area. Indicative site layout The properties can be sited at sufficient distances from the existing nearby dwellings to avoid any significant loss of light or overlooking, and the proposal accords with UDP Policies GDP1, PS2 and PS4. Separation in accordance with LPGN 21 can be achieved in all cases except where the block of 3 mews style two storey dwellings front the highway, opposite Nos. 30 and 31 Hall Street. The separation distance between the proposed dwellings and those as existing would be around 14 metres. The minimum separation distance recommended in Local Planning Guidance Note 21 is 22 metres. However in this instance I am satisfied that development as proposed would represent a typical layout, sympathetic to the character of this area where dwellings are located in close proximity to the street. For this reason, I consider that the principles of good design outweigh the need to maximise separation standards in this instance. Furthermore, the rooms of existing dwellings that face the site are already overlooked by vehicles and pedestrians using the adjoining highway. Matters relating to the detailed planning such as boundary treatments etc. will be dealt with at reserved matters application stage. Drainage: It is proposed to discharge the surface water by means of on-site soakaway. Infiltration testing results should therefore be submitted prior to determination of the application. These results should demonstrate that the land is capable of supporting on-site soakaways allowing a detailed SuDS scheme to be secured by condition (see conditions no.11 and 12). Other matters: Although matters relating to the construction works are not strictly planning considerations, advisory notes will be attached to any approval which advise the developers of their responsibilities in limiting any noise and dust pollution through the development phase. Page 21

8 There is no right for individuals to park their cars on the public highway and so the displacement of the on-street parking along the frontage of the site is not a valid reason for refusal. Finally, the loss of a view over private land if not a relevant planning consideration. CONCLUSION The proposal presents the opportunity to regenerate the site and make a contribution to the housing land supply. The amenity that will be afforded to the occupiers of the proposed units is acceptable and the development will make a positive contribution to the appearance of the area. It therefore accords with relevant UDP policies. As the infiltration test results have not yet been received I request delegated powers to determine the application based on the outcome of the test results. RECOMMENDATION A Upon the submission of sufficient information to demonstrate that the development will not be at unacceptable risk of surface water flooding (on or off-site) the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990 requiring:- Payment of a financial contribution towards the provision of secondary education facilities in accordance with LPGN.27. The final form and amount shall be determined by the Head of Environment and Planning. RECOMMENDATION B If no or insufficient infiltration test result are submitted to demonstrate that the development will not be at unacceptable risk of surface water flooding, that the Head of Environment and Planning be given delegated authority to REFUSE planning permission for the following reason: 1. Insufficient information has been submitted to demonstrate that the development will not be subject to an unacceptable risk of flooding or give rise to an unacceptable increase in the risk of off-site flooding and therefore the proposals conflict with policy EC12 of the Wrexham Unitary Development Plan. RECOMMENDATION C That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990, as detailed above, is not completed within six months of Page 22

9 the date of the Committee resolution, the Head of Environment and Planning be given delegated authority to REFUSE planning permission for the following reasons:- 1 Lack of adequate contribution to schools to offset the development. That the Head of Environmental and Planning is given delegated authority to determine the final form and content of reasons for refusal. RECOMMENDATION D Upon the completion of the S106 obligation the Head of Environment and Planning be given delegated authority to GRANT planning permission subject to the following conditions as well as any other conditions as may be necessary to require the implementation of measures to address issues of flood risk:- 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 layout of the building(s) b. the scale of the building(s) c. the 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 approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Details of proposed finished floor levels shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters application. The development shall be carried out in strict accordance with the details as are approved. 5. The contents of the indicative site plan ref: W093/007 Rev L submitted in support of this application shall not be regarded as representing an approved site layout or scale of development. 6. Prior to first use of the development hereby approved the joint vehicular access onto Hall Street shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. Page 23

10 7. Prior to first use of the development hereby approved the single vehicular access onto Hall Street shall provide visibility splays of 2.0 metres x 25 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 8. Prior to first use of the development, the highway fronting the existing vehicular access to be closed as part of this application shall be re-instated to full height footway in accordance with construction details which have been submitted to and approved in writing by the Local Planning Authority. 9. Prior to first use of the development a widened footway shall be constructed along the frontage of the site details of which shall be submitted to and approved in writing as part of the reserved matters application. 10. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 11. No part of the development shall commence until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in strict accordance with the details as approved. Those details shall include: i. a timetable for its implementation, and ii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime. 12. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 11. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 13. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. Page 24

11 14. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 13 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority. 15. There shall be no raising of ground levels within the Zone C2 Flood Zone area. 16. No part of the development shall commence until a Biosecurity Risk Assessment has been submitted to and approved in writing by the Local Planning Authority. The Assessment shall include appropriate measures to prevent the introduction of Invasive Non Native Species (INNS) during the construction phase, and measures to control INNS as are currently present on site. The measures and proposals shall be fully implemented in strict accordance with the details as are approved. 17. The proposed development site is crossed by a 225mm combined public sewer and a 225mm foul sewer with the approximate positions being marked on the attached Statutory Public Sewer Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No development shall be permitted within 3 metres either side of the centreline of the public sewer. 18. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and Monday to Friday, and to on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 19. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, F and G of Schedule 2 Part 1, other than the development hereby granted permission. 21. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2005; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; Page 25

12 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 22. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved. 23. The details submitted in respect of condition no. 13 shall identify any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and a plan for such monitoring as well as arrangements for contingency action. Reports on monitoring, maintenance and any contingency action should be carried out in accordance with a long-term monitoring and maintenance plan and shall be submitted to the Local Planning Authority in accordance with a timescale that has been set out in that plan. On completion of the monitoring programme, a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. 24. No infiltration of surface water drainage into the ground shall be permitted unless details have been submitted to and approved in writing by the Local Planning Authority to demonstrate other than with the express written consent of the Local Planning Authority that it will not give rise to a risk to the pollution of controlled waters. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order To comply with Section 92 of the Town and Country Planning Act, To comply with Section 92 of the Town and Country Planning Act, To protect the amenities of the occupiers of nearby properties. 5. To ensure that all details are reserved for future consideration. 6. To ensure that adequate visibility is provided at the proposed point of access to the highway. 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. 8. In the interests of highway safety. 9. In the interests of pedestrian safety. 10. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. Page 26

13 11. To ensure satisfactory drainage of the site and to avoid flooding. 12. To ensure satisfactory drainage of the site and to avoid flooding. 13. In the interests of the amenities of the future occupants of the buildings 14. In the interests of the amenities of the future occupants of the buildings 15. To avoid the loss of floodplain storage and an increased flood risk elsewhere. 16. To prevent the spread of Invasive Non Native Species. 17. To protect the integrity of the public sewer and avoid damage thereto. 18. To protect the amenities of the occupiers of nearby properties. 19. To protect the amenities of the occupiers of nearby properties. 20. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority. 21. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 22. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 23. In the interests of the amenities of the future occupants of the buildings 24. To prevent pollution of the water environment. NOTE(S) TO APPLICANT The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway. Further advice on compliance with condition no. 13 and 14 may be obtained by contacting the Council's Environmental Protection Team on Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, Page 27

14 particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: You are advised that this grant of planning permission was made following the completion of an Agreement under Section 106 of the Town and Country Planning Act. Before undertaking any work under this permission you are advised to obtain full details of the Agreement and ensure that you are able to comply with its terms. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as ""conditions precedent"". You should be aware that it is important that you comply with any ""conditions precedent"". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. The applicant is advised that compliance with condition no. 18 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where Page 28

15 deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Environment and Planning Department on for further advice and information. Applicants are advised that compliance with condition no. 19 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on for further advice and information. Page 29

16 APPLICATION NO: P/2016 /0023 COMMUNITY: Offa WARD: Brynyffynnon LOCATION: BRIARY CLOSE CROESNEWYDD ROAD WREXHAM LL11 3BN DESCRIPTION: OUTLINE APPLICATION TO ERECT 9 NO TWO STOREY DWELLINGS AND CONSTRUCTION OF NEW ACCESS APPLICANT(S) NAME: MR PAUL WOOLLAM DATE RECEIVED: 14/01/2016 CASE OFFICER: KH AGENT NAME: PARRY DAVIES ARCHITECTS LTD MRS KATHRYN GRATTON P/2016/0023 THE SITE The site is located off the North East side of Croesnewydd Road and is occupied by an existing redundant and derelict bungalow. The site is bounded by offices on Ellice Way. The parking areas for Wrexham Hospital are to the South East. Application site Page 30

17 PROPOSAL REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING Outline planning application for 9 dwellings. HISTORY None. DEVELOPMENT PLAN Within the settlement limit. Policies PS1, PS2, GDP1, H2 and T8 of the UDP refer. CONSULTATIONS Community Council: No objection in principle but concerns that turning circle is inadequate, safety of the access to and from the site from Croesnewydd Road and scheme is over-intensive. Re-consulted on amended scheme. Local Member: Notified and re-consulted on amended scheme. Highways: Access proposed access arrangements are acceptable and visibility splays of 2.4m x 56m would appear achievable. The limit of adoption would remain as the back of the footway and proposed layby / footway arrangements would be privately managed. Condition required ensuring this is the case. Footway fronting the site should be widened to 2m. Parking provision is acceptable. Limited additional information has been requested regarding minor modifications to some of the parking bays and the proposed refuse collection arrangements. Public Protection: Planning conditions required regarding hours of construction work, dust management scheme and a noise survey to inform noise attenuation / noise insulation schemes. Wales and West: Apparatus may be affected. Must not build over or enclose any of the apparatus. Welsh Water: Drainage condition and advisory notes. Natural Resources Wales: No objections. North Wales Police: Should adopt design and layout recommendations for crime prevention purposes Note to applicant. Other representations: Neighbours re-consulted on amended scheme with concerns regarding the sensitive nature of the adjoining uses. Site Notice: Expired Page 31

18 SPECIAL CONSIDERATIONS Proposal: The proposal involves provision of 9 three bedroom properties. The application is for outline permission with access and layout approved as part of this application. The scheme has been amended from the original application to ensure the rooting system of protected trees on the eastern boundary and to avoid a reduction in natural light to the gardens and living rooms. The amended scheme will ensure the TPOs are not compromised whilst protecting the residential amenity of future occupiers. Policy: This is an unallocated site within the settlement limit. Policy H2 permits residential development on such sites subject to compliance with policy GDP1. Highways: The proposed development site is located on Croesnewydd Road which is a busy, classified road subject to a 30 mph speed limit. The access layout is considered acceptable and the required visibility splays of 2.4m x 56m in both directions appear achievable. Normally 21 parking spaces would be required based on LPGN 16. The proposed level of parking (18 spaces) is considered adequate given its sustainable location. Double yellow lines front the property and Croesnewydd Road in general and I would not anticipate any illegal parking on the road. The layout would also appear to be capable of accommodating a refuse vehicle in the proposed layby to the site frontage, whilst the car parking areas appear to provide sufficient space for the turning of medium sized delivery vehicles. A number of planning conditions will be required. Design / Layout: The layout has been carefully considered and provides for a safe access and layby for refuse vehicles off the main busy Croesnewydd Road. It also ensures that the protected trees (TPOs on the eastern boundary) are not compromised and will contribute positively to the street scene. Adequate separation distances are achieved between the proposed dwellings and individual gardens to an acceptable size. The existing trees and proposed landscaping will help integrate the development into the streetscene. The site layout plan is included below. Page 32

19 Design will be carefully considered at the Reserved Matters stage with the consideration of the provision of windows in the gable elevation of Unit 1 to ensure it contributes positively to the streetscene. Conclusion: I am satisfied the scheme is acceptable. It provides a safe access and a layby to enable refuse collection. Parking is acceptable with the provision of 18 spaces with the development in a sustainable location. I do not consider the development to be over intensive with adequate parking, turning provision within the site and individual gardens and the retention of important TPOs on the eastern boundary. I have re-consulted on the amended plan and I will report comments on the addendum prior to committee. A Section 106 agreement will be required for school contributions. Page 33

20 RECOMMENDATION A That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990 requiring:- Education contribution towards a shortfall in provision at Victoria Primary School. The final form and amount shall be determined by the Head of Environment and Planning RECOMMENDATION B Subject to the completion of the Section 106 obligation, planning permission be GRANTED subject to the following conditions:- CONDITION(S) 1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the scale of the building(s) b. the appearance of the building(s) c. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No /2 Rev C 5. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 215 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 6. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 7. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: a) Detailed layout, design, lighting, drainage and construction of the proposed new footway / access / layby Page 34

21 b) Signage detail c) Extension to existing refuge island The scheme as approved shall be fully implemented prior to first use of the development. 8. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented. 9. The proposed internal estate road, parking areas and layby shall be maintained in perpetuity by a public management company. 10. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: a) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; b) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; c) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; d) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; e) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; f) Method for protecting retained trees during demolition works; g) Details of all proposed tree works, including felling and pruning. 11. No part of the development shall commence until full details for any hard surfaced areas within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan, have been submitted to and approved in writing by the Local Planning Authority. The details shall include existing and proposed levels, a specification for hard surfaces, and a method statement detailing the construction process. The works shall be carried out in strict accordance with the details as are approved. 12. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2012 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved. 13. Prior to their use on the development samples of all external facing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. Page 35

22 14. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a timescale for the implementation of works have been submitted to and approved in writing by the Local Planning Authority. 15. The landscaping scheme submitted and approved in connection with condition no. 14 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 16. The planting scheme implemented in connection with condition no. 15 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 17. The development shall be carried out in strict accordance with the Recommendations and Conclusions of the protected species survey dated 12th January 2016 by Clwydian Ecology. 18. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 19. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and Monday to Friday, and to on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 20. No part of the development shall commence until a noise survey in order to determine noise levels for both day and night has been carried out, and a detailed report of the survey findings together with a detailed scheme of noise attenuation and/or noise insulation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 21. No part of the development shall commence until a scheme of noise insulation and attenuation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented in strict accordance with the scheme prior to first occupation / use of the development and shall thereafter be retained as such. 22. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 Page 36

23 2. To comply with Section 92 of the Town and Country Planning Act, To comply with Section 92 of the Town and Country Planning Act, In the interests of highway safety. 5. To ensure that adequate visibility is provided at the proposed point of access to the highway. 6. In the interests of highway safety. 7. In the interests of highway safety. 8. In the interests of highway safety. 9. In the interests of highway safety. 10. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 11. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 12. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To protect named species / habitats / biodiversity which would otherwise be damaged / lost by the development hereby permitted. 18. To ensure that effective drainage facilities are provided for the proposed development and that no adverse impact occurs tot eh environment or the existing public sewerage system. 19. To protect the amenities of the occupiers of nearby properties. 20. To protect the amenities of the occupiers of nearby properties. 21. To protect the amenities of the occupiers of nearby properties. 22. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT Your attention is drawn to the advisory notes from Welsh Water and attached to this decision. Your attention is drawn to the advisory notes from Wales and West Utilities and attached to this decision. Any existing lighting columns and road gullies affected by the new access arrangements will need to be relocated away from the access points. The applicant will need to contact the Highway Street Lighting Section (Contact Paul Rogers on Tel: ) to discuss their requirements and any upgrade to the existing street lighting. Page 37

24 The scheme of arboricultural supervision required in connection with condition no. 12 above shall make provision for a pre-commencement site meeting between the Local Planning Authority's Arboriculturist, the Developer/ Applicant/ Agent and their appointed Arboricultural Supervisor to agree matters of detail. It shall specify the frequency of arboricultural monitoring and reporting to the Local Planning Authority on the status of all tree protection measures throughout the course of the development and make provision for the submission and approval of a satisfactory arboricultural completion statement. The development site is in close proximity to Croesnewydd Road and commercial units and the developer is therefore required to carry out a noise survey in connection with condition no. 20 in order to determine noise levels for both day ( hours) and night ( hours) having regard to Planning Guidance (Wales), Technical Advice Note (TAN) 11 - Noise. The report of the noise survey findings shall include: a) Noise levels arising from day/night time activities in the vicinity of the proposed development site and the impact upon the proposed accommodation, and b) A detailed scheme of noise insulation and / or attenuation measures so designed to safeguard the amenity of the future occupants of the proposed accommodation hereby approved. Applicants are advised that compliance with condition no. 22 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on for further advice and information. Page 38

25 APPLICATION NO: P/2016 /0384 COMMUNITY: Rossett WARD: Rossett LOCATION: GAMFORD HOUSE GAMFORD LANE ROSSETT WREXHAM LL12 0EW DESCRIPTION: CHANGE OF USE AND CONVERSION OF BARNS TO FORNM 6 NO. RESIDENTIAL UNITS, CONSTRUCTION OF 2 NO. SEMI- DETACHED DWELLING HOUSES (REPLACEMENT OF EXISTING FARM HOUSE) AND DEMOLITION OF REMINING STRUCTURES ACROSS THE SITE APPLICANT(S) NAME: MR IAN GARDEN DATE RECEIVED: 18/04/2016 CASE OFFICER: MP AGENT NAME: CASSIDY AND ASHTON MR GUY EVANS THE SITE Application site Page 39

26 PROPOSAL As above. HISTORY REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 6/0036 Erection of pig unit, grain store and storage tank. Granted /1856 Proposed extension to existing farm office. Granted /0122 Alterations and extension to dwelling and improvements to existing vehicular access. Granted /1432 Proposed extension to dwelling to provide additional lounge, and construction of new vehicular access. Granted CB1060 Redevelopment of site with 18 dwellings and associated garages, including conversion of existing buildings and alteration to existing vehicular and pedestrian access. Refused Appeal dismissed DEVELOPMENT PLAN Outside of settlement limit, within Green Barrier and Special Landscape Area. Policies GDP1, EC1, EC5, EC6, H3, H10 and T8 apply. CONSULTATIONS Community Council: Consulted Local Member: Notified Highways: Have made the following comments: - The access to the farm buildings suffers from inadequate visibility in both directions; - The access servicing the farmhouse suffer from inadequate visibility in both directions; - It is proposed to use the existing main access currently serving the farm buildings; - Any proposed shared access would need to be 4.8m wide. The proposed access appears to be approximately 6.5m wide which is considered acceptable; - It would appear possible to provide adequate visibility from the access subject to the removal of existing boundary trees and hedges; - It would be preferable to serve any proposed development site by a single shared access in the interest of highway safety; - Gamford Lane has no footway or street lighting provision. Pedestrians would therefore have to Page 40

27 Public Protection: REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING Education: Consulted Welsh Water: NRW: Site Notice: Expired Neighbours: walk a significant distance along an unlit rural lane. I would therefore not consider this site to be a sustainable location to support any significant residential development; - I would recommend any proposed development is limited to previous traffic generation levels; - The information submitted appears to indicate that the farm previously generated a particularly high number of daily movements. Based on the information submitted the development is likely to generate fewer vehicular movements; - The provision of 3 parking spaces per dwelling is considered adequate; - Consideration should be given how the site will be serviced by an 11.2m refuse vehicle. The proposed site layout appears capable of accommodation the turning movements of such a vehicle; - It is important to ensure any proposed bin store is of adequate size/design and suitably located to serve such a development - Although the development site would not appear to meet the requirements of the settlement policies (3.4) detailed TAN17, conditions recommended if the application is supported. Recommend conditions to control/limit the impact when the development is carried out. As the applicant intends utilising a septic tank facility we would advise that the applicant contacts Natural Resources Wales who may have an input in the regulation of this method of drainage disposal. The survey and assessment in respect of the great crested newt considered to be satisfactory for the purposes of informing the public decision making process. The proposal is not likely to be detrimental to the maintenance of the favourable conservation status of any local populations of GCN. No objection, subject to the imposition of suitable conditions being attached to any planning permission in respect of the safeguard of bats. 1 objection received expressing the following comments: - Additional traffic; Page 41

28 SPECIAL CONSIDERATIONS - Existing highway safety issue due to volume of traffic, speeding traffic, the lane being narrow, visibility being reduced, speeding traffic, heavy vehicles using the lane, the road being used as a rat run, the junction of Gamford Lane and Rossett Road being dangerous; - Impact upon wildlife; - Would support a development of 2-3 houses but this development is too big Policy: UDP policy H3 is applicable to existing buildings that are to be converted to 6 dwellings. Policy H10 is applicable to the proposals to demolish the existing farmhouse and erect 2 semi-detached properties. A number of other buildings will be demolished with the resulting space used to provide private garden areas, parking spaces, allotments for residents and some shared landscaped open spaces. Conversion proposals Policy H3 allows for the conversion of buildings in the countryside to dwellings subject to the following criteria being met: a) in the case of agricultural buildings, there is no longer an agricultural need and alternative non-residential uses have proved inappropriate; and The site comprises of agricultural buildings last used as a pig farm as well as a substantial farmhouse. The site does not appear to have been in regular use for some time, indeed the Design and Access Statement suggests the farm has been out of use for approximately 10 years. No consideration appears to have been given to alternative non-residential uses however Technical Advice Note 6, which is more up to date than the UDP, advises that when assessing applications for the re-use of a rural building, the primary consideration should be whether the nature and extent of the new use is acceptable in planning terms. Therefore subject to meeting the other criteria of policy H3 and other relevant UDP policies, there are no planning reasons to object in principle to the conversion of the buildings to residential use. b) the building is structurally sound and capable of conversion without extensive rebuilding tantamount to the erection of a new dwelling; and The buildings are in a reasonably well maintained condition and will not require extensive rebuilding works in order to convert them to residential use. Three of the buildings will be increased in height, two by 0.6 metres and the other by around 2 metres. These works do not constitute extensive reconstruction the new build works resulting relatively modest in proportion to the resulting dwellings as a whole. The overall form of those buildings is also retained as a result of the works. Page 42

29 c) any inherent characteristics of merit in the building are retained; and The buildings are all brick built although only two have any architectural merit. The conversion proposals respect the character of those buildings. In the cases of the other buildings, the development represents a significant enhancement to their appearance. In addition to the increases in height referred to above, two extensions are proposed, one to replace a dilapidated brick structure adjacent to one of the buildings and the other being the erection of a glazed link to facilitate the use of two other buildings as a single dwelling. In the context of the site as a whole, both extensions are relatively modest in scale and have been sympathetically designed. One building will have a more contemporary appearance as a result of the design its window and door openings as well as the use of timber cladding and zinc coated roof. The existing building has very few openings and its appearance is of little merit. The resulting dwelling will enhance the appearance of the site and ensure that each of the converted buildings has an element of distinctiveness whilst the scheme as a whole respects the rural character of the site and its surroundings. d) the proposed dwelling and the resulting curtilage does not constitute an undesirable intrusion into the landscape, create access problems, nor require the provision of services at public cost; and The curtilages of the dwellings will be located within the boundaries of the existing farmyard so will not represent and intrusion into the countryside. In fact the overall appearance of the site will be enhanced by the removal of several modern but dilapidated agricultural buildings and the provision of areas of landscaping. Three timber-framed and clad car ports are to be erected within proposed parking areas. All will be erected on the site of existing farm buildings that are to be removed. The scale and appearance of the buildings is appropriate and will represent an overall improvement to the appearance of the site. I will comment on the site access and parking provision separately below. e) the floor plan of the existing building is sufficient to create a habitable dwelling. The existing buildings are large enough to create habitable dwellings without significant extensions. The extensions discussed above are relatively modest in the context of the site as a whole and enable a higher standard of development to be achieved rather than being necessary to facilitate conversion to residential use. Page 43

30 Replacement of existing farm house with 2 dwellings The existing farmhouse, whilst unoccupied and in need of modernisation, is capable to being made habitable without extensive rebuilding works. The building is not listed nor is it in a conservation area and as such is not afforded any specific protection. It is also a permanent building so there would be no policy objection in principle to it being replaced. However policy H10 only makes provision for the erection of dwellings on a one for one basis. The applicant is proposing to erect 2 new dwellings located slightly further to the east of but still partial on the footprint of the existing dwelling. Whilst erecting 2 new dwellings in place of 1 is not strictly accord with the policy there are a number considerations that weigh in favour of the current proposals. The existing dwelling is large enough to be subdivided into two dwellings. It has however been enlarged considerably in the past in a manner unsympathetic to the original dwelling. In its current condition the existing dwelling arguably detracts from the appearance of the site. The proposed dwellings have been designed to look like a single farmhouse that has been had a subsidiary side extension and subsequently subdivided. The proposed dwellings are of a high standard of design and will enhance the appearance of the site. In terms of overall scale, the floor area of the proposed dwellings will have a similar footprint to the existing dwelling although taken together the floor area will be 25% larger. The dwellings will partially occupy the footprint of the existing and partially occupy part of the existing curtilage of the dwelling. I am nevertheless satisfied that the dwellings will not have a significantly greater impact upon the rural landscape. Green Barrier: The site lies within the Green Barrier. Policy EC1 does not specifically make provision for the conversion of buildings to dwellings or for the erection of replacement dwellings. However Planning Policy Wales advises that the re-use of buildings in a Green Wedge (which is consistent with the UDP designation of Green Barrier) provided that: the original building is substantial, permanent and capable of conversion without major reconstruction; the new use will not have a greater impact on the openness of the green wedge and the purposes of including land within it. Strict control will need to be exercised over the extension, alteration or any associated use of land for re-used buildings; and the building is in keeping with its surroundings. Page 44

31 PPW also advises that other forms of development would be inappropriate development unless they maintain the openness of the green wedge and do not conflict with the purposes of including land within it. The conversion of the existing buildings accords with PPW advice. Furthermore I am satisfied that the dwellings that will replace the existing farmhouse are of an appropriate size and will therefore not harm the openness of the Green Barrier. Indeed the development will contribute towards the openness of the Green Barrier by the removal of several modern farm buildings and the provision of large landscaped areas within the site. Access and Parking: The site has two accesses, one serves the farm buildings and the other services the existing farmhouse. Both suffer from poor visibility visibility being obstructed by hedges and trees. The development will be served by the existing access to the farm buildings. Adequate visibility splays can be provided subject to the removal or reduction in height of existing obstructions. These works will not require the removal of any substantial mature trees. Each dwelling will be provided with at least 3 parking spaces which accords with LPG16-5 x 4 bedroom dwellings and 3 x 3 bedroom dwellings being proposed. There will also be space for vehicles to turn within the site, include a refuse lorry. Whilst noting the concerns regarding traffic from the site and along Gamford Lane, the existing site is a large farm complex. The site could revert to its previous use without the need for planning permission and based on information submitted by the applicant, this used to generate up to 117 vehicular movements per day, including HGVs and agricultural vehicles. By comparison 8 dwellings are likely to generate around 88 movements per day. With the exception of refuse collection vehicles, the proposed development is far less likely to be visited by large vehicles than the previous agricultural use. Highways have expressed doubts about the sustainability of the site and have requested conditions be imposed to require street lights to be installed from the site along Gamford Lane to Darland Lane and for the implementation of a 30mph zone along Gamford Lane. I do not believe these conditions meet the test of being necessary as set out in Circular 06/2014. National and local planning policies allow for the conversion of buildings to residential use the countryside, which inevitably result in dwellings in areas inaccessible by public transport and without dedicated pedestrian provision or street lights. The proposed development will result in a net increase of 7 dwellings on the site. This will not significantly increase pedestrian usage of Gamford Lane and, given the traffic generated by the previous use, will on balance be of benefit to pedestrians who use Gamford Lane. Finally Highways have confirmed that the proposed access arrangements are acceptable. It would therefore be difficult to justify refusing permission were the condition Highways have requested not imposed. Page 45

32 Ecology: A bat roost has been identified in the existing dwelling. The other buildings also have features that make then suitable for use by bats. The application is accompanied by a mitigation scheme that includes compensatory habitat. A precautionary approach to demolition and the use of lighting that takes account of the presence of bats are also proposed. Taken together these measures should ensure the development does not adversely impact upon the favourable conservation status of bat species. The implementation of the mitigation measures will be required by condition. CONCLUSION The development will enhance the overall appearance of the site, will not detract from the wider rural landscape, Green Barrier or highway safety and adequate ecological mitigation is proposed. As such the proposals accord with policies GDP1, EC1, EC6 and T8. The conversion of the existing buildings to dwellings accords with policy H3. Whilst erecting two new dwellings in place of the existing farmhouse does not fully accord with policy H10, I am satisfied there are valid reasons for not strictly imposing the policy in this instance. Furthermore the overall objective of the policy to protect the rural landscape (paragraph 6.20 of the UDP) is satisfied. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of three years from the date of this permission. 2. The development shall be carried out in strict accordance with the following approved drawings: i) L03 Revision P5: Proposed Site Plan ii) L07 Revision P7: Plots 1 & 2 Proposed Plans & Elevations iii) L08 Revision P3: Plots 3 & 4 Proposed Plans & Elevations iv) L09 Revision P4: Plots 5 & 6 Proposed Plans & Elevations v) L10 Revision P4: Plots 7 & 8 Proposed Plans & Elevations vi) L11 Revision P1: Proposed Residents parking barn. 3. No part of the development shall commence until the following have been submitted to and approved in writing by the Local Planning Authority: i) The location and specification for the bat boxes to be installed in / on plots 5 and 6; ii) A detailed lighting scheme for each plot; iii) A timetable for the implementation of all mitigation measures set out in the Cassidy and Ashton Gamford Farm, Rossett, Ecology Mitigation Strategy. The development shall thereafter be carried out in strict accordance with the details as approved and the Cassidy and Ashton Gamford Farm, Rossett, Ecology Mitigation Strategy. Page 46

33 4. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented. 5. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 6. Prior to their installation on each dwelling, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, method of opening and glazing type and include cross sections for glazing bars, sills and heads etc. The works shall only be carried out in strict accordance with such details as are approved. 7. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 8. The landscaping scheme submitted and approved in connection with condition no. 07 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 9. Within three months of the commencement of development a landscaping Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. The landscaping shall be managed and maintained in strict accordance with these details as are approved. 10. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 215 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 11. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 12. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 13. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and Monday to Friday, and to on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 14. Notwithstanding the provisions of Part 1, Classes A, B, C, D and E of Schedule 2 of the Town and Country Planning (General Permitted Page 47

34 Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any order revoking, re-enacting that Order with or without modification), no enlargements to any of dwellings the subject to this permission shall be erected and no buildings or enclosures shall be sited or erected within the curtilages of those dwellings. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. In order to protect wildlife interests, which are afforded special protection. 4. In the interests of highway safety. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure landscape features are properly considered and protected. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 12. In the interests of highway safety. 13. To protect the amenities of the occupiers of nearby properties. 14. In the interests of protecting the rural landscape and the character of the site and buildings. 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 applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on Page 48

35 Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Environment and Planning Department on for further advice and information. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Environment and Planning Department on for further advice and information. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is Page 49

36 trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: Page 50

37 APPLICATION NO: P/2016 /0655 COMMUNITY: Gwersyllt WARD: Gwersyllt East & South LOCATION: AUSTIN EAMES PLAS ACTON ROAD PANDY WREXHAM LL11 2UB DESCRIPTION: DEMOLITION OF EXISTING BUILDING OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (1 NO DETACHED DWELLING AND 1 NO BLOCK OF 4 APARTMENTS) APPLICANT(S) NAME: MR PETER EAMES DATE RECEIVED: 07/07/2016 CASE OFFICER: PF AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD MR DAFYDD EDWARDS THE SITE Site A483 and Gresford slip road PROPOSAL Planning permission is sought in outline for the demolition of the existing commercial building and for the residential redevelopment of the site. All detailed matters are reserved for further approval, however in accordance with Page 51

38 planning legislation; an indicative masterplan for the site has been submitted. This details the proposed likely development of the site consisting of a single detached dwelling and a small block of 4 no. apartments. A single access point would be made from Plas Acton Road. HISTORY P/2015/0702 Outline application for residential development (4 x 2 bed houses and 1 x 3 bed house) and also incorporating demolition of building. All detailed matters reserved for further approval. Withdrawn. DEVELOPMENT PLAN The site is located within a defined settlement. Policies PS1, PS2, PS3, PS4, GDP1, H2, EC4, EC13 and T8 of the Wrexham Unitary Development Plan (UDP) are relevant. Guidance is also contained in Local Planning Guidance 16 Parking Standards and 21 Space Around Dwellings. Welsh Government guidance is also contained in Technical Advice Note 11 Noise. CONSULTATIONS Community Council: Local Member(s): Site notice: Expired Highways: Public Protection: Supports this outline application, but has concerns about the nearness of the proposed development to the adjacent A483 bypass and the impact of road traffic noise on the development. Cllr B. McCann no observations at this stage. Cllr D. Griffiths notified Adequate visibility can be achieved. - The existing use of the site could generate significant amounts of traffic. - There no objections on highways grounds. - Land contamination survey should be carried out prior to commencement of the development. - The noise mitigation measures recommended in the submitted report should be designed into any approved scheme to minimise the impact of external noise. Welsh Government (Highways): Does not issue a direction. Welsh Water: Advise that a drainage scheme should be submitted. NRW: Consult with County Ecologist. Page 52

39 North Wales Police: Offers standard Designing Out Crime advice. Neighbouring occupiers: 7 neighbouring occupiers notified. 3 representations received raising the following points: The properties directly adjacent will be overlooked by the development which would impact upon privacy. The properties are currently not overlooked; The proposal will entail uprooting a perfectly healthy sycamore tree; and A previous ecological report for the site indicated that there was no bat presence within the building however two bats can regularly be seen flying around the area at night so there must be habitation nearby. SPECIAL CONSIDERATIONS: Background and policy: A similar application for outline planning permission was submitted in late This was subsequently withdrawn following concerns regarding the proximity of the development to the neighbouring A483 trunk road. The applicant has subsequently carried out a detailed noise monitoring assessment in consultation with Public Protection. It is on the basis of this additional information that the application before the Planning Committee has been submitted. The site is located within a defined settlement limit and is not a greenfield site. Redevelopment of the site is acceptable in principle in accordance with policies PS1 and H2 of the adopted UDP. Planning Policy Wales (PPW) also advises that previously developed land should be developed in preference to greenfield sites where the design of a scheme permits a suitable standard of development in terms of amenity. Amenity and design: The site is currently occupied by a low level single storey commercial building and is used as a mixture of retail and servicing/repair for lawn mowers and similar equipment. Planning history confirms that this use is unrestricted and effectively could be used as a retail or general industrial use. In comparison to the overall site area, the existing building represents a small area with the site frontage laid to hardstanding. I am satisfied that the indicative layout plan as submitted is generally sympathetic to the overall settlement character of the area. A detached property at the site frontage would assimilate easily into the existing streetscene. An apartment block is proposed to the rear of the site on the footprint of the existing building. It is noted that a building of this stature would Page 53

40 have a greater massing than the existing building, however it would not sit out of place given the heights of existing dwellings surrounding the site. The amenity of the existing neighbouring occupiers has been considered. The submission includes detail of the maximum and minimum height parameters of the proposed buildings. I am satisfied that the site could be developed in a manner that would not present a detrimental loss of natural daylight to the neighbouring occupiers. Separation standards could be achieved between the buildings as normally required by LPG21 Space Around Dwellings. Whilst I appreciate that neighbouring occupiers have enjoyed an open aspect across the existing low level building to some extent, there is no such right to an outlook provided that any proposed development would not be overbearing. I am satisfied that the proposed development would not be overbearing and conclude that the amenity of the neighbouring occupiers would not be unduly harmed. For the benefit of Members the indicative site layout is shown below. Indicative site layout Noise: The application has been accompanied by a Noise Assessment which details noise readings taken at various times across the day. The main Page 54

41 source of noise is identified as the traffic flow on the neighbouring A483 and its slip road. The methodology adopted has been accepted by Public Protection and the readings presented are not disputed. Welsh Government TAN11 sets out guidance on development proposals and how they should be considered in terms of potential noise disturbance and future amenity of occupiers. The noise levels as monitored put the development into a category whereby development should not normally be permitted unless there are significant material considerations which outweigh the noise levels and that conditions can be imposed be mitigate noise disturbance. The results of the noise report have dictated the indicative site layout as presented and particularly the provision of an apartment block. This allows for a wider scope to position habitable rooms and amenity spaces away from the noise sensitive areas. The report details mitigation measures such as suitable window specifications, ventilation, and building material types. An acoustic wall around the garden area of any dwelling will be required and to a minimum of 2.5m. Whilst I appreciate that this is high for a boundary wall, based on the indicative layout, it will represent a short section along an access road and could be designed in a manner as not to cause visual detriment. These details would be subject to detailed design as part of any reserved matters application. A condition to ensure that the mitigation measures as detailed in the submitted noise assessment must be applied to any outline planning permission granted. In respect of the advice contained in TAN1, the site is considered to be previously developed land, the Council are not able to demonstrate a 5 year housing land supply and the proposal can demonstrate noise mitigation measures. I am satisfied that this represents a significant material consideration in favour of allowing the development to occur. Highways: Highways are satisfied that the development can be achieved without causing detriment to the adjoining highway network. The current site use has a traffic generation level. An A1 and B2 use could feasibly generate a higher level of traffic than a residential use. I am satisfied that the proposal development is acceptable in highway safety terms. Other matters: There is a tree to the site frontage by the access which would require removal. Whilst its loss would be unfortunate, I do not consider that this tree is of sufficient amenity value to outweigh the benefits of the provision of up to 5 dwellings on this previously developed site. Whilst there are anecdotal sightings of bats in the locality, I rely on the information presented as part of the application and the observations of the County Ecologist. The main issue to consider is whether there are any bats within the existing building. I have no firm information to suggest otherwise and therefore cannot seek to refuse this application on the basis of these observations. Page 55

42 The site is currently developed and laid to hardstanding. I am satisfied that this proposal will lead to a betterment in terms of surface water drainage. Whilst Welsh Water has requested detail of a drainage scheme, I have no evidence to suggest that surface water cannot be dealt with adequately. This is a matter dealt with by other legislation (primarily through the Building Regulations) and as such does not require replication through the planning system. Education has confirmed that there are no capacity issues in the locality. No contributions will be required. Conclusion: I am satisfied that the proposed development accords with local and national planning policy and would represent a positive reuse of the site. I recommend accordingly. 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 layout of the building(s) b. the scale of the building(s) c. the 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 approved. 3. The development as permitted shall be commenced before the two years from the date of approval of the last of the reserved matters required to be approved. 4. As part of the requirements of Condition No. 1 (the 'Reserved Matters'), a scheme of noise attenuation measures shall be provided in accordance with the measures identified in the approved Environmental Noise Survey of AB Acoustics dated September The measures shall be implemented in accordance with the approved plans and prior to the first occupation of the development. 5. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved Page 56

43 scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. 6. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 5 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority. 7. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order To comply with Section 92 of the Town and Country Planning Act, To comply with Section 92 of the Town and Country Planning Act, In order to protect the amenity of the future occupiers of the development. 5. In the interests of the amenities of the future occupants of the buildings 6. In the interests of the amenities of the future occupants of the buildings 7. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily Page 57

44 visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and hrs Monday to Friday, and to hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations The presence of such assets may affect the proposal. In order to assist Dwr Page 58

45 Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Page 59

46 APPLICATION NO: P/2016 /0707 COMMUNITY: Offa WARD: Erddig LOCATION: 10 EARLE STREET WREXHAM LL13 7DH DESCRIPTION: CHANGE OF USE FROM USE CLASS C3 (DWELLING) TO USE CLASS C4 (HMO) APPLICANT(S) NAME: MR RODERICK MCLEAN DATE RECEIVED: 22/07/2016 CASE OFFICER: PF AGENT NAME: MR RODERICK MCLEAN THE SITE APPLICATION SITE PROPOSAL Planning permission is sought to change the use of the existing dwelling (C3) to a house in multiple occupation (C4). The details accompanying the application state that the proposal is to alter the layout of the dwelling to provide a fourth bedroom and an additional bathroom. Page 60

47 HISTORY None. DEVELOPMENT PLAN The site is within a defined settlement limit. Policies PS2, GDP1, EC7, H4 and T8 are applicable. Guidance is also contained in Local Planning Guidance Notes 16 Parking Standards. The site is also located with the Salisbury Park Conservation Area. CONSULTATIONS Community Council: Object on the grounds of over intensive occupation as the size of the accommodation is too small for 4 residents. There is no parking provision and limited on street parking. Local Member: Consulted Highways: On the basis that the proposed use would require the same maximum parking standards as the current lawful use and also given the sustainable edge of town centre location, there are no objections on highway grounds. Public Protection: No comments Site Notice: Expired Neighbouring occupiers: 23 neighbouring occupiers notified. 2 representations received raising the following concerns: Object if the accommodation is to be let to Glyndwr University students as their behaviour is likely to be anti-social and disrespectful to other local residents; There are limited spaces available for current tenants of the properties in the immediate surrounding area which is further exacerbated with parents picking up and dropping off their children at school; The genre of occupants may lead to the appearance of the dwelling and the wider area becoming scruffy, unkempt and poorly maintained; This may have an impact upon property value/sale potential; and The communal entranceway currently has a lockable gate. What assurances Page 61

48 are there that this will be continued when occupied; SPECIAL CONSIDERATIONS Background: In February 2016 a new use class was introduced in Wales Class C4. This use class covers small houses in multiple occupation (HMO), which is defined as those occupied by 3 to 6 tenants who are not related but share one or more basic amenity. HMOs that accommodate more than 6 tenants remain a sui-generis use. Planning permission is therefore required if the owner of a property in either Class C3 or Class C4 use wishes to let the property to more than 6 unrelated tenants. The applicant is proposing to convert the property from a 3 bedroom dwelling into a 4 bedroom HMO to be let for to up to 6 tenants, thus falling within Class C4. There are two bathrooms, a communal/tv room and a kitchen also proposed. The property also has an external amenity space. Policy: Policy H4 allows for the subdivision of dwellings where: a) sub-division is possible without major alterations, extensions, or additional new buildings which would significantly alter the character of the original dwelling; and b) proposals accord with Policy GDP1; and c) adequate private open space is available; d) the proposal would not result in the over-concentration of Houses in Multiple Occupation to the detriment of crime levels, the social fabric of the area, and the amenity of existing residents. Dealing with each of the above in turn: a) Extent of extensions/alterations No extensions or external alterations are proposed. The proposal will therefore not have a detrimental impact upon the character of the Salisbury Road Conservation Area; b) Compliance with policy GDP1 I will deal with issues of amenity and parking separately; c) Private open space The property has a secure and private rear yard area of approximately 40m 2. This is adequate to provide occupiers with an amenity area, an external drying area and storage for bins. Page 62

49 d) Concentration of HMO properties There are currently no registered HMO properties in Earle Street. The total number of currently licenced HMOs on roads surrounding Earle Street are shown in the tables below: Existing situation Street No. of houses No. of HMOs HMOs as a % Earle Street % Fairfield Street % Erddig Court % Erddig Road (200m % radius) Total % Number of HMOs if no.10 Earle Street is granted planning permission Street No. of houses No. of HMOs HMOs as a % Earle Street % Fairfield Street % Erddig Court % Erddig Road (200m % radius) Total % The above figures show that the proposal would have a negligible increase in the number of HMOs in the vicinity of the application site. There are no existing HMO properties registered on Earle Street and the nearest registered property can be found some 52 metres away on Fairfield Street to the south and the next closest some 65 metres to the north west on Erddig Road. Whilst policy H4 seeks to avoid an over concentration of HMOs, it does not provide a threshold to define acceptable/unacceptable numbers of HMOs in a given area. Similarly Local Planning Guidance Note 5 does not give any such advice. Furthermore the geographical extent of the area to be taken into account to be assessed for concentrations of HMOs is not defined. However, it is quite clear that the above exercise confirms that there is not an over concentration of HMO properties. A total of 8.5% of properties defined as HMOs on the surrounding streets is a low number and plainly demonstrates that such properties will not have an adverse impact upon the social fabric of the locality. It should also be stressed that, out of 16 properties on Earle Street, only one would be classed as a HMO should this application be approved. Amenity of existing residents: The use of the premises as a HMO will not impact upon the privacy or visual amenity of nearby occupiers particularly because no external alterations or extensions are proposed. Page 63

50 The fact that the property has adequate garden space for use by the occupiers as well as space for bin storage should assist ensuring the use of the premises does not prove disruptive to nearby occupiers. Preventing tenants generating excessive noise or engaging in anti-social behaviour at the properties is outside of the scope of planning control. Similarly, the planning system cannot control the type of occupant of a property such as students, professionals or unemployed persons etc. In addition to obtaining planning permission the applicant will need a licence issued by Housing in order to let the property as a HMO. Licenced HMOs are subject to conditions that require landlords to take all reasonable steps to control noise and anti-social behaviour. Breaching licence conditions can ultimately result in landlords being prosecuted and their licence(s) being revoked. Parking: In common with most other properties in Earle Street and adjoining streets, the property does not have any dedicated off-street parking provision. Local residents therefore rely on on-street parking. Whilst I understand the concerns expressed by objectors on this matter, the proposed development is unlikely to increase demand for parking in the immediate locality. The existing property has 3 bedrooms and in accordance with LPG16, the maximum parking provision for a dwelling of this size is 3 spaces. The proposed HMO will have 4 bedrooms. LPG5 and LPG16 advise the maximum parking provision for HMOs is 1 space per 2 bed spaces or 2 spaces in total in this particular case. Even if the property were let to the maximum number of tenants allowed by the C4 use, the maximum parking standards would still only be 3, in line with the current lawful demand. The site is within walking distance of the town centre, a wide range of retail and leisure facilities and public transport. It is therefore in an area where parking provision below maximum standards are generally considered acceptable. Other Matters: The impact upon the value of properties in the area is not a material planning consideration. CONCLUSION The development accords with policies GDP1, H4 and T8 and my recommendation reflects this. RECOMMENDATION: That permission be GRANTED CONDITION(S) Page 64

51 1. The development hereby permitted shall be commenced 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, NOTE(S) TO APPLICANT This permission allows the property to be used for a purpose falling within Use Class C4. This means that no more than 6 tenants can occupy the property at any one time. You are advised that a further planning application will be required if you intend to let the property to more than 6 tenants. The applicant is reminded that any works that would affect the external fabric or appearance of the building may require planning permission. Page 65

52 APPLICATION NO: P/2016 /0716 COMMUNITY: Llangollen Rural WARD: Llangollen Rural LOCATION: WOODBANK COTTAGE PONTCYSYLLTE WREXHAM LL20 7YR DESCRIPTION: VARIATION OF CONDITION NO 12 IMPOSED UNDER PLANNING PERMISSION P/2011/0117 TO ALLOW DUAL USE OF CONVERTED GARAGE AS BOTH GRANNY ANNEX AND AS HOLIDAY ACCOMMODATION (IN RETROSPECT) APPLICANT(S) NAME: MR WILLIAM NOTT DATE RECEIVED: 26/07/2016 CASE OFFICER: PF AGENT NAME: MR WILLIAM NOTT THE SITE Shared access under control of applicant Site Page 66

53 PROPOSAL REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING Planning permission is sought to vary condition no. 12 of planning permission P/2011/0117. This planning permission allowed for the change of use of a double garage to a granny annex and for the erection of a new single garage. Condition no. 12 restricted the use of the building to a granny annex to be used solely as an ancillary building associated with the main dwelling known as Woodbank. This application seeks to allow the building to be also used as a holiday let. The application is made in retrospect. HISTORY P/2003/0562 Listed Building Consent for the erection of a garage. Withdrawn. P/2003/0563 Erection of garage. Granted P/2006/1251 Alterations and rear extension. Granted P/2006/1252 Listed Building Consent for alterations and rear extension. Granted P/2011/0117 Change of use from double garage to granny annex, new single garage and car port. Granted DEVELOPMENT PLAN The site is located within a defined settlement limit and within the Clwydian Range & Dee Valley AONB. The site also sits adjacent to the Llangollen Canal which is a designated World Heritage Site. Polices PS2, GDP1 and T8 are relevant. Guidance is contained in LPG16 Parking Standards. CONSULTATIONS Community Council: No objections. Local Member(s): No problems with the proposal. Site notice: Expired Highways: No recommendations. Public Protection: No comments. Canal & River Trust: No comments. Neighbouring occupiers: 3 neighbouring occupiers notified. 1 representation received raising the following points: The applicants previously advised the neighbouring occupier that the converted building subject to the 2011 application would only be used by members of their family. Within a few weeks of its completion, the building was for rent as a holiday let. The neighbouring occupier would never have agreed to such a use 7 days a week for 52 weeks of the year; Page 67

54 SPECIAL CONSIDERATIONS: Whilst property values are not planning matters, they set council tax values which is something not understood by the objector; Customer wrongly mistake the neighbouring property for the holiday let causing disturbance and suspicions; Vehicles using the holiday let do speed along the drive causing hazards; Dog owning holiday makers allow their dogs to foul in the neighbouring garden; The neighbouring occupier is required to keep the part of the drive in maintained state in accordance with deeds. This should be proportioned fairly; Woodbank is set above the holiday let and suffers none of the problems identified above; and There is no economic benefit as a result of the holiday let; The council should uphold its own condition restricting the use of the building something which it has not done so far. Policy: The site of the building in question is located within a defined settlement limit. There are no policy restrictions which would prevent the use of the building in question as a holiday let. The main issue to consider is whether the use of the building as a holiday let would have a detrimental impact upon the wider character of the area or the amenity of the neighbouring occupiers in accordance with policy GDP1. Impact: The building in question is modest in its scale, consisting of a large open plan sitting and kitchen area, a separate small bedroom with an en suite bathroom. The footprint of the building sits detached from the main dwelling (Woodbank), and has a circulatory parking area. The vehicular access to Woodbank is shared with Pen y Graig (identified on the map above). I acknowledge the comments made by the neighbouring occupier in relation to visitors mistakenly visiting his property rather than the holiday cottage. However in reality, given the context of the two properties and position, this could easily happen as a result of other visitors trying to get to Woodbank such as delivery drivers etc. I do not consider that this is sufficient justification to refuse this application. Page 68

55 Highways have not raised any concerns regarding the proposal. Any additional vehicular usage of the access to serve the holiday let will be marginal and not detrimental given its small scale occupation potential. The Council has already accepted the impact of additional occupation of the building in approving an annex. Speeding vehicles on private land is a matter of driver responsibility and site management. I am therefore satisfied that the use of the annex as a holiday let will not be detrimental to the wider environmental character of the area. Other matters: The local planning authority is required to determine all planning applications on the merits presented in accordance with the development plan in force. Any discussions or agreements between applicants and neighbouring occupiers are not material planning considerations. The impact of any development upon property value is also not a material planning consideration. The setting of Council Tax rates is a separate matter governed by other legislation and is of no consequence to the merits of this planning application. Issues relating to property deeds and maintenance responsibilities are not planning matters and cannot be considered in the determination of this planning application. I am satisfied that there is a safe and convenient access to the development site within the control of the applicant. Conclusion: I am satisfied that the additional impact of allowing the building to be utilised as a holiday let as well as a granny annex will be minimal. The proposal accords with the Council s general development principles and I therefore recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no windows, including dormer windows, shall be inserted into the roof of the granny annex accommodation. 2. The existing trees, shrubs and hedges shown on drawing(s) No(s). LL/AIA/WXM/64 Drawing No. 1 (forming part of the approved documentations in relation to planning permission P/2011/0117) to be permanently retained shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be Page 69

56 replaced with trees, shrubs or hedging plants of the equivalent size and species. 3. The accommodation forming part of this approval shall remain ancillary to use of Woodbank Cottage as a single dwelling house or as a holiday let, and for no other purpose. The owners/operators of the building shall maintain an up-to-date register of the names of all occupiers of it, their duration of stay and their main home address and shall make the information available at all reasonable times, to the local planning authority. 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 5A (forming part of the approved documents in relation to planning permission P/2011/0117) shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. REASON(S) 1. To protect the amenities of the occupiers of nearby properties. 2. To ensure the amenity afforded by the trees is continued into the future. 3. To ensure that only a nominal amount of extra traffic is generated by the use at the substandard access which has substandard visibility onto the highway at this location. 4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. Page 70

57 APPLICATION NO: P/2016 /0755 COMMUNITY: Gresford WARD: Marford & Hoseley LOCATION: DISUSED SHIPPON LAND ADJOINING POPLAR COTTAGE MARFORD HILL MARFORD WREXHAM LL12 8SZ DESCRIPTION: DEMOLITION OF DISUSED SHIPPON (WITHIN MARFORD CONSERVATION AREA) APPLICANT(S) NAME: MR DEREK ROBERTS DATE RECEIVED: 04/08/2016 CASE OFFICER: PF AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD MR DAFYDD EDWARDS THE SITE POSITION OF SHIPPON PROPOSAL Conservation Area Consent is sought for the demolition of an existing shippon. A concurrent planning application has been submitted (P/2016/0756) for the erection of a replacement structure to from a new dwelling. Page 71

58 HISTORY P/2016/0756 P/2015/0512 Erection of detached dwelling and associated double garage and construction of new access off Village Walks. Pending. (See following report in Agenda) Conversion and extension of shippon to form one dwelling with associated parking and private amenity space. Granted DEVELOPMENT PLAN The site is located within a defined settlement limit and within the Marford Conservation Area. Policies PS1, PS2, PS3, PS4, GDP1, EC4, EC7, H2 and T8 of the Wrexham Unitary Development Plan are relevant. Guidance is also contained in the Marford Conservation Area Assessment and Management Plan. CONSULTATIONS Community Council: Requested an extension of time to comment but no response received. Local Member(s): Notified Site notice: Expired CPAT: No objection but recommends photographic survey. Neighbouring occupiers: 7 neighbouring occupiers notified. 4 responses received raising the following points: Planning permission for the Village Walks development was only allowed on the basis that the road would only serve 11 dwellings. This would go against the Council s original condition; The parking arrangement for the proposed garage is questionable and it is likely that residents would park their vehicles on the road; The justifications in the submission relating to the need to demolish rather than convert because of the height of the neighbouring land are unfounded and the applicant should be made to adhere to the original planning permission; The Shippon is an integral part of the street scene of Village Walks Page 72

59 SPECIAL CONSIDERATIONS / ISSUES and also forms part of the Conservation Area and it should be retained; and The proposed garage is plain and may appear incongruous and doesn t match the character of the rest of the recent estate; Impact: The demolition of the of shippon in its entirety is unfortunate - the former shippon is of historical value within the area and is believed to have historically been associated with Beechmount, a grade II listed early Marford Cottage located on the opposite side of access drive to the village walks estate. The shippon itself is not considered to be curtilage listed having been in separate ownership at the time of listing. The former association of the shippon with Beechmount has also been lessened by the Village Walks access road which has physically separated the two buildings. The demolition is considered to be justified in this instance as it became apparent that in order to convert the shippon as previously approved would require excavation of the bank on which two grade II listed circular privies are located which could undermine their structure and lead to further decay of their fabric and possible collapse. The two privies are also believed to have been associated with Beechmount and it is important to ensure the listed structures are conserved and that re-use of the shippon does not compromise their structure. A condition will be required for the submission and approval of the methodology for the temporary protection of the two listed privies during construction works this should be prior to commencement. This should include details for temporary scaffold/support and detail of any works or repair or making good of the two structures. Other matters: Other matters have been raised in correspondence relating to the merits of the proposed replacement dwelling to form a dwelling and associated visual amenity issues and parking impact. I have fully dealt with the justifications for the removal of the existing shippon. Those matters relating to the merits of the proposed development are dealt within the following report in this agenda. Suitable conditions can be imposed to ensure that a planning permission and contract for the proposed redevelopment works are in place as not to risk the building being demolished and the site being left open to the detriment of the character of the Conservation Area. Conclusion: I am satisfied that the applicant has sufficiently justified the proposal to demolish the shippon. The proposal is submitted in conjunction with an application for planning permission which is deemed acceptable and will mitigate the loss of the building. I recommend accordingly. Page 73

60 RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The works hereby granted consent shall be commenced before the expiry of five years from the date of this consent. 2. The building shall not be demolished until a copy of a contract for the carrying out of the works of redevelopment of the site has been submitted to and approved in writing by the Local Planning Authority, and before planning permission has been granted for the redevelopment for which this consent provides. REASON(S) 1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act To ensure that redevelopment of the site takes place immediately following demolition of the existing building, thereby ensuring that an unattractive gap does not exist in the street scene to the detriment of the character and appearance of the area. Page 74

61 APPLICATION NO: P/2016 /0756 COMMUNITY: Gresford WARD: Marford & Hoseley LOCATION: DISUSED SHIPPON LAND ADJOINING POPLAR COTTAGE MARFORD HILL MARFORD WREXHAM LL12 8SZ DESCRIPTION: ERECTION OF DETACHED DWELLING AND ASSOCIATED DOUBLE GARAGE AND CONSTRUCTION OF NEW ACCESS OFF VILLAGE WALKS APPLICANT(S) NAME: MR DEREK ROBERTS DATE RECEIVED: 03/08/2016 CASE OFFICER: PF AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD MR DAFYDD EDWARDS THE SITE PROPOSAL Planning permission is sought for the demolition of an existing shippon and for the erection of a replacement building to form a single four bed dwelling with Page 75

62 associated access, parking provision and amenity space. The application was originally submitted with the provision of a detached two bay garage. This has subsequently been removed from the scheme. HISTORY P/2016/0755 P/2015/0512 Demolition of disused shippon (within Marford Conservation Area). Pending (See preceding Report). Conversion and extension of shippon to form one dwelling with associated parking and private amenity space. Granted DEVELOPMENT PLAN The site is located within a defined settlement limit and within the Marford Conservation Area. Policies PS1, PS2, PS3, PS4, GDP1, EC4, EC7, H2 and T8 of the Wrexham Unitary Development Plan are relevant. Guidance is also contained in Local Planning Guidance Notes 16 Parking Standards, 17 Trees and Development and 21 Space Around Dwellings and the Marford Conservation Area Assessment and Management Plan. CONSULTATIONS Community Council: Requested an extension of time to comment but no response received. Local Member(s): Notified Site notice: Expired Highways: The principle of the development is supported. Welsh Water: Conditions required to control NRW: disposal of foul and surface water. Object based on the findings of a previous ecological survey. Neighbouring occupiers: 7 neighbouring occupiers notified. 4 representations received raising the following points: The proposed garage would result in a loss of amenity to the neighbouring occupiers; The application does not indicate the position of a very large tree which is not in good condition The proposed dwelling does not have any resemblance to the character of Poplar Cottage; Page 76

63 SPECIAL CONSIDERATIONS: Two accesses of Village Walks is excessive and not suitable from a safety perspective; and This proposal is not the same as was promised when the previous applicants gained planning permission on the land. The land is now sold and the proposal is not was as agreed. Background: Planning permission has previously been granted on this site in late 2015 for the erection of an extension to the existing shippon to create an additional dwelling. The principle of the creation of a new dwelling in this location has already been accepted. This current application has been prepared and submitted following pre-application discussions. Design and impact: The demolition of the of shippon in its entirety is unfortunate - the former shippon is of historical value within the area and is believed to have historically been associated with Beechmount, a grade II listed early Marford Cottage located on the opposite side of access drive to the village walks estate. The shippon itself is not considered to be curtilage listed having been in separate ownership at the time of listing. The former association of the shippon with Beechmount has also been lessened by the Village Walks access road which has physically separated the two buildings. The demolition is considered to be justified in this instance as it became apparent that in order to convert the shippon as previously approved would require excavation of the bank on which two grade II listed circular privies are located which could undermine their structure and lead to further decay of their fabric and possible collapse. The two privies are also believed to have been associated with Beechmount and it is important to ensure the listed structures are conserved and that re-use of the shippon does not compromise their structure. A condition will be required for the submission and approval of the methodology for the temporary protection of the two listed privies during construction works this should be prior to commencement. This should include details for temporary scaffold/support and detail of any works or repair or making good of the two structures. The proposed design of the new building has attempted to replicate the inherit characteristics and details of the both shippon and of the distinctive Marford Cottages and the new building is considered to sit comfortably within the conservation area. It is somewhat similar to the design of the extensions to the existing shippon. For the benefit of members I have indicated a comparison of the most prominent elevation of the extant planning permission and the current proposal. Page 77

64 Extant planning permission (northern elevation) P/2015/0512 Proposed (northern elevation) P/2016/0755 Amenity: The character of the proposed development is similar to the scheme previously approved. As such, I am satisfied that this proposal will not have any additional harm upon the amenity of the neighbouring occupiers and accords with LPG21. Trees: There are trees on the site. To the east, within the ownership of Poplar Cottage is a large Wellingtonia tree. This tree would be influenced by the provision of the detached garage within the proposed scheme. This element has now been removed and no longer forms part of the proposal. I am therefore satisfied that health of this tree will not be harmed by the proposed development. Ecology: NRW have raised concerns relating to this proposal based on the conclusions of a previous ecological assessment of the site. However, the site was assessed by way of dusk surveys at the time which identified that there was evidence of minor foraging activity. I have discussed this matter at length with the Council s Ecologist who is satisfied that the proposal will be low risk. The provision of bat boxes on the new build will result in a positive outcome from the proposed development. Conditions can be added. Highways: The proposal includes for a single parking bay to the frontage of the dwelling with two parking spaces to towards the eastern boundary. Village Page 78

65 Walks is not classified, therefore parking areas are not required to have turning areas on site. The parking areas are considered acceptable as part of this proposal. Conclusion: I am satisfied that the proposed development accords with local planning policy and guidance. I therefore recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby approved shall be commenced before the expiration of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered R065/003 Sheet 1 of 1 Rev C and R065/004 Sheet 1 of 1 Rev C and contained within the application documentation. 3. With the exception of those shown on the approved plan, no windows or other openings shall be inserted in the building facing Poplar Cottage (South). 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E, G of Part 1 and Class A of Part 2 other than the development hereby granted permission. 5. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 18 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 6. The vehicular parking and turning areas as shown on approved drawing(s) No(s). R065/004 Sheet 1 of 1 Rev C shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 7. No vehicular access shall be provided to the development hereby approved other than that shown on the approved layout plan numbered R065/004 Sheet 1 of 1 Rev C. 8. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 9. Prior to their installation on the building, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to Page 79

66 and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, method of opening and glazing type and include cross sections for glazing bars, sills and heads etc. The works shall only be carried out in strict accordance with such details as are approved. 10. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved in writing by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority. 11. All new and replacement rainwater goods shall be cast iron only. 12. All roof lights hereby approved shall be 'conservation type' only fitted flush with the adjoining roof surface. 13. Development shall not begin until an appropriate photographic survey, equivalent to an English Heritage Level 1 study, of the existing building/s has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting digital photographs should be forwarded on a CD to the Local Planning Authority and the Development Control Archaeologist, Clwyd-Powys Archaeological Trust, 41Broad Street, Welshpool, Powys, SY21 7RR. markwalters@cpat.otg.uk Tel: After approval by the Local Planning Authority, a copy of the photographs should also be sent to the Historic Environment Record Officer, Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record. 14. No development shall commence, to include any demolition, until a detailed ground investigation survey has been carried out in relation to the 2 no. neighbouring grade II listed privies and submitted to and approved in writing by the local planning authority. The investigation shall propose mitigation measures to ensure the long term stability of the privies during the construction and occupation phase of the development hereby approved. The development shall be carried out strictly in accordance with the scheme as may be approved. 15. Prior to commencement of the works hereby approved a site meeting between the Council's Conservation Officer and the Contractor shall take place in order to determine the extent of repair and replacement of the historic fabric. The applicant/contractor shall give the Council's Conservation Officer no less than 5 working days notice in writing of this meeting. 16. No new pipework, extracts, meter boxes, flues, vents or ductwork shall be fixed to or formed through the external walls or roofs of the building until their exact position, type, number and finish has been submitted to and approved in writing by the Local Planning Authority. Works shall only be carried out in strict accordance with such details as approved. 17. Prior to the commencement of development a scheme shall be submitted to and approved in writing by the local planning authority which identifies the specification, number and location of bat boxes to be located on the building. The bat boxes shall be installed in accordance with the detail as may be approved and retained thereafter. Page 80

67 REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. To protect the amenities of the occupiers of nearby properties. 4. Due to the restricted nature of the application site and its prominence within the Marford Conservation Area. 5. To ensure that adequate visibility is provided at the proposed point of access to the highway. 6. 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. 7. 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. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure the works reflect the character and appearance of the building. 10. To ensure the works reflect the character and appearance of the building. 11. To ensure the works reflect the character and appearance of the building. 12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13. To provide for a record of a building or buildings of local architectural or historic interest 14. To ensure the works are carried out in a manner to ensure that the setting of the neighbouring listed structures is protected. 15. To protect the integrity of the Listed Building. 16. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building 17. To ensure that the development makes provision for statutorily protected species which may otherwise be harmed by the development. Page 81

68 APPLICATION NO: P/2016 /0767 COMMUNITY: Acton WARD: Maesydre LOCATION: THE GRANGE HOLLY WALKS WREXHAM LL12 7AJ DESCRIPTION: ERECTION OF GARDEN STORE / SHED / COVER IN SIDE GARDEN (PARTLY IN RETROSPECT) APPLICANT(S) NAME: MR CHRISTOPHER J GROSVENOR DATE RECEIVED: 08/08/2016 CASE OFFICER: PF AGENT NAME: MR CHRISTOPHER J GROSVENOR THE SITE BLANKET TPO SHOWN BY DARKER AREA POSITION OF SHED PROPOSAL Planning permission is sought partly in retrospect for the erection of a garden store and covered area. The building is proposed on an isolated section of the curtilage associated with the property known as The Grange. The proposed structure measures 8m by 8.5m and is 2.5m high. Page 82

69 HISTORY P/2007/1185 Outline application for one dwelling. Refused P/2008/0355 Removal of yew bush and pruning of silver birch (WCBC no. 21). Granted DEVELOPMENT PLAN The site is located within a defined settlement. Policies PS2, GDP1, EC4 and T8 are relevant. Guidance is also contained in Local Planning Guidance 16 Parking Standards and 17 Trees and Development. CONSULTATIONS Community Council: Consulted Local Member(s): Notified Site notice: Expired Neighbouring occupiers: 7 neighbouring occupiers notified. 6 representations received raising the following points: When occupiers moved in to holly Walks, they were told that the all the trees had orders on them; Over the years trees have been felled and most of the trees that are left are now just an outline of what was there originally; No buildings are allowed on the plot in question and over the years planning applications have failed; The area has been used as a builders dump over the past few years; If the proposed building were to only be a garden shed, then planning permission would not be required; and The view from neighbouring dwellings will be marred by this ugly and obtrusive structure; SPECIAL CONSIDERATIONS: Visual amenity: The proposed structure is located in an area which is surrounded by mature boundary hedging. From a wider public view, the Page 83

70 structure cannot be seen and I therefore have no objection to the proposal on the grounds of visual impact or the loss of amenity to the neighbouring occupiers. Planning permission is required as the structure sits forward of the principle elevation of the dwelling it is associated with. This would apply even if the structure was a smaller garden shed. Trees: The overall site, which includes the curtilage of The Grange and nos. 1, 2 and 3 Holly Walks is covered by a group Tree Preservation Order. I am aware of observations in relation to the previous removal of trees within the vicinity of the proposed structure. However, any such removal of trees in the past is not directly attributed to this proposal and there are no formal enforcement proceedings open in relation to this site. I am aware of previous informal agreements between the applicant and the Council to remove dead growth without the need for a formal application for approval. I am also aware of a previous approved tree removal application which requires additional planting. This planting has not yet been carried out, agreement having been made to replant within the next available planting season. This proposal does not affect these agreements. There are no arboricultural objections to the application. Highways: The site is located in an area where there is a deficiency of off street parking provision and this is characteristic of many of the edge of centres areas of the town. Other matters: There has been a previous planning application on this site for the erection of a dwelling which was refused. This is not the same scale or type of development and as such, does not automatically mean this application should be refused. Conclusion: I am satisfied that this proposal will not have an adverse impact upon the wider environmental character of the area, nor the amenity of the neighbouring occupiers. I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 18 August 2016 and as contained within the application documentation. REASON(S) 1. To ensure that the development fully complies with the appropriate policies and standards. Page 84

71 APPLICATION NO: P/2016 /0780 COMMUNITY: Rossett WARD: Rossett LOCATION: COXWOOD FARM COX LANE ROSSETT WREXHAM LL12 0BG DESCRIPTION: APPLICATION FOR REMOVAL OF CONDITION 8, IMPOSED UNDER PLANNING PERMISSION P/2003/ TO ALLOW THE HOLIDAY ACCOMMODATION AND SHORT TERM LETS TO BE USED AS PERMANENT RESIDENTIAL ACCOMMODATION APPLICANT(S) NAME: B DAVIES DATE RECEIVED: 12/08/2016 CASE OFFICER: PF AGENT NAME: FISHER GERMAN MR IAN STEVENS THE SITE Coxwood Farm Marford Page 85

72 PROPOSAL REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING Planning permission is sought to vary condition no. 8 imposed under planning permission P/2003/1288 to enable to the previously converted barns to be utilised as permanent residential properties as opposed to purely holiday accommodation and short term lets. HISTORY None. DEVELOPMENT PLAN The site is located outside any defined settlement limit. Policies PS2, GDP1 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 Parking Standards and 21 Space Around Dwellings. CONSULTATIONS Community Council: Consulted Local Member(s): Fully supports this application and sees no value in keeping the current restrictions on holiday lettings. Site notice: Expired Highways: No objections. Neighbouring occupiers: One representation received raising the following objection: This is a small country lane used by farm vehicles and horse riders; Having permanent occupiers in the dwellings will affect traffic on the lanes which are dangerous and have had many near misses over the years; The occupiers will require access to the village amenities which are insufficient to cope. SPECIAL CONSIDERATIONS: Background and policy: Planning permission was granted in 2003 to allow redundant buildings on the farmstead to be converted to holiday lets. This resulted in the provision of three individual units of accommodation (2 no. three beds units and 1 no. 1 bed unit. As part of the scheme, a games room and laundry were proposed as well as a swimming pool within a detached building located within the curtilage of the units. Condition no 8 was imposed as part of this approval which applied the following restriction on the residential use of the buildings: Page 86

73 8. The accommodation hereby approved shall only be used as holiday accommodation for short term lets and shall not be used as permanent residential accommodation. Reason: To accord with the Council's conversion policies regarding the use of buildings in the countryside. The proposal was considered in line with the current adopted UDP given its advanced nature in late Policy CLF9 allowed for the conversion of these buildings outside of any defined settlement limit because of their tradition permanent nature, their structural soundness without the need for significant rebuilding, their adequate floor area and without the need to have an adverse incursion into the open countryside. Policy H3 of the same UDP allows for the conversion of rural buildings for their use as permanent dwellings providing that the same criteria are met. However, there are other material considerations which relate to the provision of good quality permanent dwellings. These are generally summarised as ensuring adequate private amenity spaces and suitable privacy and separation between dwellings. The requirements are stipulated in LPG21 Space Around Dwellings. It is worth noting that the use of a building as a holiday let falls within the same use class as a standard domestic dwelling (C3). I am satisfied that the principle of allowing the three existing holiday lets to be utilised as permanent residential occupation is acceptable. Were the buildings to be presented for this proposed use in 2003 and considered in line with H3 it is safe to assume that agreement of the policy principle would be reached. The approved layout plan from the 2003 permission is shown below. Page 87

74 Unit 2 Unit 3 Unit 1 Previously approved site layout Amenity: The main issues to consider are whether the allowing the permanent occupation of the units would result in the provision of good quality accommodation and meet with the Council s normal amenity standards. The position of the buildings is dictated by their previous agricultural use, this special character forming part of the desire to retain the buildings in their current state. Like most other conversions this places restrictions on providing standard external layouts as would be expected on new builds. I am satisfied that the individual units have a reasonable element of private amenity space. Where there is a shortfall, this is mitigated by the large play area to the frontage of the courtyard of buildings which falls within the established planning unit. Again, where there is a shortfall in amenity separation between the habitable rooms, this is characterised by the type of property and the restrictions imposed by the conversion. I am satisfied that 14 Page 88

75 metres gives a reasonable degree of separation and any prospective purchasers will bear this in mind. Other material considerations: The applicant has identified as part of their justification that the Council currently cannot identify a five year supply of housing land in accordance with TAN 1 and that this proposal will make a contribution to that shortfall. I acknowledge the Council s position and agree that in allowing the removal of the occupancy condition, this proposal will make a small but valid contribution to the Council s requirement. Concerns have been raised regarding the impact upon highway safety of allowing the permanent occupation of the units. I consider that such concerns are unfounded. Whilst it is acknowledged that the site is accessed by a typical narrow rural highway, the increase/change in traffic movements is likely to be marginal and will not represent a material increase that will cause adverse safety concerns. Conclusion: I am satisfied that the proposal accords with the Council s policies and standards and I therefore recommend as follows. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The use of the accommodation shall only operate with the benefit of 8 car parking spaces, in accordance with the plans approved under planning permission P/2003/1288. REASON(S) 1. To ensure that sufficient on-site parking is provided, in the interests of highway safety. Page 89

76 APPLICATION NO: P/2016 /0799 COMMUNITY: Offa WARD: Erddig LOCATION: 69 ERDDIG ROAD WREXHAM LL13 7DP DESCRIPTION: REPLACEMENT OF 3 NO. WOODEN FRAMED WINDOWS TO UPVC WINDOWS IN FRONT OF HOUSE (WITHIN FAIRY ROAD CONSERVATION AREA) APPLICANT(S) NAME: MRS COREEN HOWELL DATE RECEIVED: 22/08/2016 CASE OFFICER: KH AGENT NAME: MRS COREEN HOWELL P/2016/0799 THE SITE Terraced property off the eastern side of Erddig Road. Application site Page 90

77 PROPOSAL REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING Replacement of 3 no wooden framed windows with UPVC windows on front of house (in retrospect). HISTORY None DEVELOPMENT PLAN Within settlement limit and Fairy Road Conservation Area. Policies PS2, GDP1 (a) and EC7 of the Wrexham UDP refer. Fairy Road Conservation Area Assessment is also applicable. CONSULTATIONS Community Council: Object as any replacement windows need to be in keeping with other properties in the Conservation Area and made of the same materials. Local Member: Notified 24 th August 2016 WACS: Other representations: Objects to the introduction of UPVC fittings as detrimental to the character of the Conservation Area and this street in particular which relates to many original features. One neighbour objecting to proposal on the following grounds:- Replacing wooden windows and doors with plastic UPVC is not allowed in a Conservation Area These windows that have been installed are not only plastic but an ugly imitation of the original. They are completely different, with the replacement windows in particular should be sash in keeping with the other houses in the area. Previous planning applications to change from wooden windows to modern plastic windows have been refused by Planning. Present owners have a moral obligation to maintain their property to the required standard. One letter of support received:- No problem with appearance of windows. Site notice: Expired 21 st September 2016 Page 91

78 SPECIAL CONSIDERATIONS AND VISUAL IMPACT The application is retrospective and replaced timber (non-original) windows with UPVC alternatives. The replacement, by virtue of the design, opening method and materials fail to emulate a traditional style and are inappropriate for the building and character and appearance generally of the Conservation Area and will have a detrimental impact. One letter of support on grounds of appearance of new windows for building and the area. CONCLUSION The works are unacceptable and inappropriate for the Conservation Area ad would have a detrimental impact on the character of the building and general character of the Conservation Area. RECOMMENDATION: That permission be REFUSED REASON(S) 1. The replacement windows, by virtue of their design, opening method and use of materials fail to emulate a traditional style suitable for the period of the property and so fail to preserve the special character and appearance of the Fairy Road Conservation Area. As such the proposal is contrary to policies PS2, GDP1 (a) and EC7 of the Wrexham UDP and the adopted Fairy Road Conservation Area. Page 92

79 APPLICATION NO: P/2016 /0816 COMMUNITY: Acton WARD: Little Acton LOCATION: 28 LITTLE ACTON DRIVE WREXHAM LL12 8DH DESCRIPTION: REPLACEMENT OF EXISTING CONSERVATORY, BEDROOM EXTENSION AND PORCH APPLICANT(S) NAME: MR STEPHEN MURPHY DATE RECEIVED: 30/08/2016 CASE OFFICER: KH AGENT NAME: STEPHEN CHARLES ARCHITECTS MR STEPHEN CHARLES P/2016/0816 THE SITE Detached property off the south east side of Little Acton Drive. Residential properties to all sides. Application site and position of extensions Page 93

80 PROPOSAL Replacement of existing conservatory, bedroom extension and porch. HISTORY None DEVELOPMENT PLAN Within settlement limits. Policies PS1, PS2 and GDP1 of the Wrexham UDP refer. CONSULTATIONS Community Council: No objections Local Member: Consulted Neighbours: Concerned impact of the development of the larger higher conservatory on their property which would be overbearing. Site notice: Expired SPECIAL CONSIDERATION / ISSUES Rear conservatory: The proposed conservatory will replace a smaller existing flat roofed conservatory. The length is the same as the existing and approximately 1 metre wider. A pitched roof replaces a flat roof. The height to the highest point of the new roof is 5.447m with a large expanse of glass on the three sides. The extension is sympathetic to the character of the existing property. Hedges and fences on the rear boundaries will ensure no significant loss of amenity. A neighbour has raised concerns regarding the visual impact of the conservatory roof, In terms of their windows and use of their gardens but at approximately 13m to windows and 10m to the boundary of the garden, I would not anticipate any significant loss of amenity with the neighbours garden lower and bounded by a 2 m hedge. Porch: A porch is also sought to the front of the property, 3.7m wide with a depth of 1.8m with the front elevation largely glazed. The proportions and design are acceptable and respect the scale and character of the existing property. The orientation of the porch to the closest property ensures no loss of amenity. Bedroom: An additional bedroom is also proposed to the North-east side of the property. The design is sympathetic to the existing dwelling. No impact on 31 to the north with the structure next to the gable of that property and boundary planting protecting the amenity of the property to the east. A condition will require that the existing boundary hedge is retained to the east of a minimum height of 2 m. Page 94

81 Conclusion: I am satisfied the proposal is acceptable from a design perspective and will not have any significant impact on any nearby properties. No impact on existing parking arrangements. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered A Rev A and A Rev A contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. The existing hedge on the eastern boundary shall be maintained at a minimum height of 2 m. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 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 the interests of the amenity of the occupiers of the property to the immediate east. Page 95

82 APPLICATION NO: P/2016 /0817 COMMUNITY: Acton WARD: Rhosnesni LOCATION: ORANGE STREETWORKS SITE TELECOMMUNICATIONS MAST BORRAS PARK ROAD WREXHAM LL12 7TG DESCRIPTION: PROPOSED UPGRADE OF EXISTING SITE COMPRISING REMOVAL OF EXISTING MONOPOLE, INSTALLATION OF NEW 12.5M HIGH PHASE 5 MONOPOLE, NEW EQUIPMENT CABINET AND ASSOCIATED WORKS APPLICANT(S) NAME: H3G UK LIMITED DATE RECEIVED: 30/08/2016 CASE OFFICER: MP AGENT NAME: BILFINGER GVA MISS VICTORIA PARSONS SITE Proposed equipment cabinet Proposed mast Page 96

83 PROPOSAL As above. HISTORY P/2000/0654 Erection of 11.8m high telecom lamp-post together with associated equipment. Refused Allowed on appeal DEVELOPMENT PLAN Within settlement limit. Policies GDP1 and CLF8 apply. CONSULTATIONS Community Council: No objection. Local Member: Agrees to requests to re-site proposed cabinet. Wants health impact taken into account (comments made verbally to case officer). Public Protection: No objection provided the application is submitted with a Declaration of Conformance to ICNIRP Public Exposure Guidelines. Highways: No objection in principle. However the location of the equipment cabinet is likely to look odd. I would suggest further consideration is given to positioning the cabinet against the existing wall provided it does not restrict pedestrian movements or impede visibility from the Caernarvon Road / Borras Park Road junction. Site Notice: Expired Neighbours: The owners/occupiers of 21 nearby properties notified and the head teachers of Borras Park Infants and Junior Schools notified representations received expressing concerns about radiation/electromagnetic emissions. SPECIAL CONSIDERATIONS Policy: National guidance on telecommunication development in Wales is contained in Planning Policy Wales Technical Guidance Advice Note (Wales) 19: Telecommunications. The importance of providing an efficient telecommunication infrastructure is considered crucial to the economic viability of Wales. However TAN19 also advises that this provision must be made without adverse impact upon the environment. Wrexham UDP Policy CLF8 allows for the development of telecommunications facilities subject to an appraisal has been carried out that: Page 97

84 firstly, of the potential for sharing other masts and sites; if there is no potential; secondly, of the potential to use existing buildings and structures; if there is no potential; thirdly, of the potential to use other sites. Policy GDP1 is also applicable to the proposals. Site selection: The proposed mast will replace an existing one therefore I do not consider it necessary for alternative sites to have been considered in this instance. Health effects and public perception: It is a statutory requirement that applications for prior approval or planning permission for the type of telecommunications development proposed 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. Where transmissions from a proposed base station meet the ICNRP guidelines it is unnecessary for a local planning authority to consider further the health aspects and concerns about them when processing a planning or prior approval application. 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 material 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 wellbeing of those who live in the locality, I consider that there is no basis in national or local policy for refusal for that reason alone. A finding of 'no risk' can never be achieved with complete certainty in relation to any form of development and, in the absence of any widely-accepted demonstrable risk, there only remains a perception. Whilst perception or risk must be considered it has been given little weight by Planning Inspectors and the Court in the decision making process where conformance with the ICNIRP guidelines is demonstrated. The application documents include such a Declaration of Conformity with ICNIRP Public Exposure Guidelines. Siting and appearance: The new mast will be located 4 metres to the south of the existing one and will be 0.6m higher. The diameter of the mast and antenna shroud will be 0.4m and 0.6m respectively compared to around 0.2m for the existing mast and antenna. Whilst the new mast will slightly higher and bulkier than the one it places, the differences will not result in it having a significantly greater or detrimental impact upon the appearance of the locality. Page 98

85 An additional equipment cabinet is proposed. The location initially chosen would have detracted from the appearance of the site and potentially obstructed pedestrian movements. It has therefore been re-sited to take account of those concerns. It will be located adjacent the northern most existing cabinet behind the wall that encloses the site frontage of Borras Park Road retail units. I am satisfied the proposed siting will minimise the impact it has on the street scene, will not obstruct pedestrian movement or impede visibility from the Caernarvon Road / Borras Park Road junction. CONCLUSION The proposals accord with policies GDP1 and CLF8. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 11848_002 Issue A2 dated 26/09/2016 and 11848_003 Issue A2 dated 26/09/2016 and contained within the application documentation. 3. The existing 11.9 high streetworks monopole shall be completely removed within one month of the erection of the 12.5m high phase 5 monopole hereby granted planning permission. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 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. NOTE(S) TO APPLICANT The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures Page 99

86 required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: Page 100

87 APPLICATION NO: P/2016 /0836 COMMUNITY: Coedpoeth WARD: Coedpoeth LOCATION: LAND AT VICTORIA ROAD AND RETAIL PREMISES FRONTING HIGH STREET COEDPOETH WREXHAM LL11 3SB DESCRIPTION: ERECTION OF 3 NO. 1 BEDROOM APARTMENTS AND CHANGE OF USE OF EXISTING ELECTRICAL CONTRACTORS STORAGE UNIT TO A STORAGE AREA FOR USE IN CONJUNCTION WITH THE ADJOINING RETAIL PREMISES FRONTING HIGH STREET APPLICANT(S) NAME: MR IAN ELLIS DATE RECEIVED: 05/09/2016 CASE OFFICER: MP AGENT NAME: REAL PLANNING MR GERRY KELLETT SITE Owned by applicant Application site and position of proposed development Part of No.24 No.24 building subject to change of use Page 101

88 PROPOSAL As above. HISTORY 6/6847 Erection 5 five flats with integral garages. Refused / maisonettes. Refused Appeal dismissed. 6/13495 Outline application for one pair of semi-detached properties. Refused Appeal dismissed. 6/17759 One pair of semi-detached properties. Refused P/2009/0941 Outline application for the erection of 4 no. apartments and associated parking. Refused Other relevant history (referring to 26 High Street) 6/5319 Extension to form electrical contractors store. Granted /17154 Extension to existing building to form additional storey with two flats. Granted DEVELOPMENT PLAN Within settlement limit. Policies GDP1, H2 and T8 apply. CONSULTATIONS Community Council: Consulted Local Members: Notified Public Protection: Recommend conditions to deal with potential contamination and to limit construction times. Highways: Have made the following comments: - The development site has an existing access on to an unadopted road known as Victoria Road. The road varies between 3.0 and 3.5m wide and is therefore of inadequate width to permit the simultaneous passage of two vehicles. The unadopted road serves as a pedestrian route into the village centre from Fron Las and other areas in the vicinity; - The submitted application confirms that the use of the site as an electrical contractors business will cease. The building is to be used as a storage facility by an adjoining commercial facility with no means of vehicular or pedestrian access off Victoria Road; - It is reasonable to assume that the site could potentially generate up to 10 vehicular Page 102

89 movements per day as a result of its existing use as an electrical contractor; - Although the existing access along Victoria Road is substandard the site has an existing usage and it is not unreasonable to offset the past traffic generation against that arising from any new residential development. The scale of the development should be limited to ensure there is no increase in traffic generation. - The submitted plans demonstrate 1 parking space per 1 bedroom apartment which is considered to be adequate give the highly sustainable location of the site. An off road turning facility is provided for use by each parking space. Conditions recommended. Welsh Water: Consulted NRW: No comments. Site Notice: Expired Neighbours: The owners/occupiers of 14 nearby properties notified initially and in regard to amended plans on representations received expressing the following concerns: - cannot remember when the premises were last used for an electrical unit. It has been used for various things over the years such as car and motor cycle repairs and storage and most recently by a trader who came and went twice a day; - there will be no reduction in traffic; - with the onset of flat conversions on High Street with access down Victoria Road the volume of traffic has increased; - footfall has increased, there is little street lighting, no footpaths and people que at the junction next to the bus stop; - Victoria Road is already in a bad stage of repair; - The junction to High Street is already gridlocked due to traffic passing through; - This could mean a further 6 cars. Will there be space for this number on the plot; - The existing flats at Gabriel Place have no parking facilities so visitors/deliveries to this building block residents in; - Impact on trees. Page 103

90 SPECIAL CONSIDERATIONS Background: Outline planning permission (all matters reserved) for the erection of 4 apartments was refused in 2010 for the following reasons: i. The development would not accord with the pattern of development in the locality and would appear cramped; ii. The proximity to the rear of no.26 would adversely impact upon the iii. amenity of future occupiers of the development; The proximity of the development to nearby commercial properties would prejudice the amenity of the future occupiers; iv. The loss of a service area for 24 and 26; v. Victoria Road not providing a safe means of vehicular and pedestrian access. The current application seeks full planning permission for 3 apartments thus allowing the appearance of the development and its relationship with the immediate locality to be revaluated. Furthermore the change of use of an existing business unit, no.24 High Street, which is located to the rear of nos.22 and 26 High Street is proposed in order address the 2 nd, 3 rd, 4 th and 5 th reasons for refusal. There have also been other changes in circumstance since 2010 that are relevant to the 2 nd reason for refusal that will be discussed below. Policy: Subject to complying with policy GDP1 in respect of access, siting, design and the impact upon neighbouring properties, the erection of a dwelling on the site accords with policy H2. Design: Whilst most of the development in the locality fronts onto High Street, Victoria Road there are existing residential properties fronting Victoria Road, including 4 apartments, nos.5-8 Gabriel Place, immediately to the north-east of the application site. The proposed apartments will be similar in character to the ones on the adjacent site and will strengthen the existing built frontage along Victoria Road. Indeed the appearance of the site, which is currently enclosed with a palisade fence and comprises of a large hard surfaced area, will be improved as a result of the development. There are two mature trees in the vicinity of the development. One lies directly opposite nos.5-8 Gabriel Place and the other adjacent to the northeastern corner of the site. Both are located far enough away from the proposed building that it is unlikely that any damage to them will occur. Amenity: The development will not adversely impact upon the occupiers of neighbouring properties by way of loss of light, privacy or by being overbearing. I am satisfied the position of the proposed building and the windows serving habitable rooms in each flat will ensure future occupiers will be afforded an adequate standard of daylight, privacy and general outlook. Page 104

91 The apartments will have access to 126 sq.m of shared amenity space. Whilst this will be overlooked from adjacent buildings, it is common for the shared amenity space associated with flats to be overlooked to a greater extent that private gardens associated with dwellings. The space will provide future occupiers with some unusable external space as well as adequate space for bin storage. When the previous application was being considered the site lay opposite the service yard/parking area of the New Inn public house. The New Inn has subsequently been converted to residential use with small scale class D1 use on the ground floor thus considerably reducing a potential source of noise and disturbance. The previous proposals made no specific provision for access to the business unit occupying no.24 High Street via Victoria Road to cease, thus there was potential for occupiers of the site to be disturbed by the use of that premises. The current application addresses that issue by proposing to use the business unit for storage in conjunction with the retail premises occupying nos. 22 and 26 High Street with no provision for continued access via the application site. These changes mean that the occupiers of the flats are unlikely to suffer a significant degree of disturbance from nearby business uses. Access and parking: Victoria Road is a narrow unadopted road without any dedicated pedestrian provision. It is therefore unsuitable to serve as means of access for any development likely to generate an increase in traffic. Whilst noting representations have been received suggesting that the business unit in no.24 High Street has been used for purposes other than in connection with an electrical contractors business, the fact remains that it has a lawful use for storage and as such there is the potential for traffic to use Victoria Road in connection with that use. By proposing to use no.24 for storage in conjunction with the retail premises occupying nos. 22 and 26 High Street with no means of access retained via the application site, there should be a reduction in commercial traffic using Victoria equivalent to the traffic generated by the proposed development. Accordingly the development is unlikely to prejudice highway or pedestrian safety or give rise to traffic problems in the locality. In accordance with LPG16 the maximum parking provision for the development is 4.5 spaces. The development will be provided with 3 offstreet parking spaces. Whilst this is 1.5 spaces less than the LPG16 maximum, there are a number of local needs retail and other facilities accessible in the centre of Coedpoeth within walking distance of the site. Coedpoeth is also reasonably well served by public transport. I therefore do not consider it necessary to insist upon the maximum parking provision in this instance. Page 105

92 CONCLUSION REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING The proposed development is of an acceptable design, will afford future occupiers with an appropriate standard of amenity and will not adversely impact upon highway or pedestrian safety or the amenity of the occupiers of neighbouring properties. It therefore accords with relevant UDP policies. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered - E035/003 Revision C,E035/004 Revision B and E035/005, Revision B and contained within the application documentation. 3. No part of the development hereby shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority: i) external alterations to no.24 High Street Coedpoeth to prevent vehicular and pedestrian access to it from Victoria Road; ii) alterations to no.24 High Street Coedpoeth to facilitate internal access to it from nos.22 and/or 26 High Street Coedpoeth. The details as approved shall be implemented prior to the first occupation of the apartments hereby granted planning permission and the external alterations thereafter permanently retained. Thereafter the ground and basement storey of no.24 High Street shall only be used for storage in conjunction with the use of no.22 and/or no.26 High Street Coedpoeth for purposes falling within Class A1 of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking, re-enacting that Order with or without modification). 4. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. Page 106

93 5. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 4 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority. 6. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 7. Within three months of commencement of development, a scheme of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented prior to the first occupation of the apartments hereby granted planning permission. 8. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 9. Nothing shall be planted, allowed to grow or erected to a height greater than 1 metre in height above the level of the nearside edge of the adjoining highway for a distance of 2.0 metres measured back from the adjoining highway along the entire site frontage. The splays shall be provided prior to first use of the development and shall thereafter be permanently retained clear of any such obstruction. 10. The vehicular parking and turning areas as shown on approved drawing(s) No(s). E035/005 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 11. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 12. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and Monday to Friday, and to on a Saturday, and at no time on a Sunday or a Bank Holiday unless the prior written approval of the Local Planning Authority has been obtained. 13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2 REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. In the interests of the amenities of occupiers of the apartments hereby granted permission and of highway safety. Page 107

94 4. In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 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 that no deleterious material is carried onto the highway, in the interests of highway safety. 9. To ensure that adequate visibility is provided at the proposed point of access to the highway. 10. To 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. 11. In the interests of highway safety. 12. To protect the amenities of the occupiers of nearby properties. 13. In the interests of highway safety. Page 108

95 APPLICATION NO: P/2016 /0847 COMMUNITY: Caia Park WARD: Smithfield LOCATION: THE BLACK HORSE INN 10-11A YORKE STREET WREXHAM LL13 8LW DESCRIPTION: EXTERNAL ALTERATIONS, NEW FIRST FLOOR EXTENSION AND TERRACE AND INSTALLATION OF NEW EXTRACT DUCTWORK APPLICANT(S) NAME: MR DON BIRCHAM BARDON PROPERTIES LTD DATE RECEIVED: 08/09/2016 CASE OFFICER: MP AGENT NAME: JUST-H ARCHITECTS LTD MRS LUCY JONES SITE Extension Terrace PROPOSAL As above. Page 109

96 HISTORY No recent history. DEVELOPMENT PLAN Within settlement, the town centre conservation area and the town centre shopping area. Policies GDP1, EC7, S2, S3 and T8 apply. CONSULTATIONS Community Council: No objections. Local Member: Notified Public Protection: Recommend conditions to require extraction equipment and to limit noise from such equipment. Highways: No objections. Civic Society: Notified Site Notice: Expired Neighbours: The owners/occupiers of 5 nearby properties notified and regarding amended plans on objection received expressing the following concerns; - Increased noise; - Noise levels are already unacceptable; - There has already been unacceptable noise from improvement works to the building. SPECIAL CONSIDERATIONS Background: The applicants are proposing to refurbish and extend the existing building to enable it to be opened as a bar/restaurant. The proposed use falls within Class A3 of the Town and Country Planning (Use Classes) Order 1987 the same use class as a public house, the last use of the site. As such the proposals do not constitute change of use. Works to refurbish the building have already commenced however the works carried out to dated fall outside of the scope of this application and do not require planning permission. Design: The building is not listed but its front elevation is an integral part of the street frontage and therefore in turn makes an important contribution to the character of this part of the town centre conservation area. Other than the installation of additional roof light no alterations are proposed to the front elevation of the building. This minor addition will not detract from the character of the building nor will it adversely impact upon the wider street scene or wider conservation area. Page 110

97 The extension will be located at the rear of the building and will provide an enclosed first floor dining area as well as a small (approximately 20 sq.m. in area) external first floor terrace. The latter will be linked to a ground floor seating area via an external staircase. The extension will be of a contemporary design that will enhance the overall appearance of the rear of the site views of it being possible from Eagles Meadow for example, and in turn the conservation area. The proposed extraction vent from the kitchen will project above the rear roof slope of the building. It has been sited and designed to minimise the impact it has on the appearance of the building and wider street scene. Amenity: The extension will not adversely impact upon nearby properties by way of loss of light, an unacceptable increase in overlooking of residential properties or by being overbearing. Whilst noting the concerns expressed about noise, there are no planning restrictions preventing the provision of an external seating or dining area to the rear of the site. Whilst I appreciate that at present any external seating or dining area would be at ground level, in my opinion it is unlikely that the modestly sized first floor terrace will significantly increase the risk of noise associated with the use of the site as a restaurant/bar. Public Protection have requested a condition be imposed to require details of extraction equipment however the submitted plans confirm that such equipment will be installed in the existing building. I therefore do not consider it necessary to impose the condition in this instance, particularly as the proposed extension does not include any areas for food preparation. Furthermore food preparation could take place on site irrespective of whether the proposed development is carried out. A condition requiring the development to be carried out in accordance with the submitted plans will be sufficient in this instance. CONCLUSION The development accords with UDP policies. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered AV01/E, AV02 - E, AL01/I and AL02 - Revision A and contained within the application documentation. Page 111

98 3. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 4. Prior to their installation on the building, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, method of opening and glazing type and include cross sections for glazing bars, sills and heads etc. The works shall only be carried out in strict accordance with such details as are approved. 5. All new and replacement rainwater goods shall be cast aluminium only. 6. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure the works reflect the character and appearance of the building. 5. To ensure that the development includes an element of affordable housing in accordance with policy H7 of the Wrexham Unitary Development Plan 6. To protect the amenities of the occupiers of nearby properties. 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 an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. Page 112

99 It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: Page 113

100 APPLICATION NO: P/2016 /0865 COMMUNITY: Gwersyllt WARD: Gwersyllt East & South LOCATION: 16 CEDAR CLOSE BRADLEY WREXHAM LL11 4DL DESCRIPTION: TWO-STOREY SIDE EXTENSION AND SINGLE-STOREY REAR EXTENSION APPLICANT(S) NAME: MR KIM TAYLOR DATE RECEIVED: 13/09/2016 CASE OFFICER: SEH AGENT NAME: BH ARCHITECTS LTD MR BARRY HELLEN THE SITE Proposed Extensions Parking Area PROPOSAL As above HISTORY None relevant Page 114

101 DEVELOPMENT PLAN The site is within settlement. UDP Policies PS2, T8 and GDP1 apply. Local Planning Guidance Notes Nos. 16 parking Standards, 20 House Extensions and 21 Space around Dwellings are also relevant. CONSULTATIONS Community Council: No observations. Local Member: Notified Site notice: Expired Other representations: 1 letter of objection received raising the following concerns: Loss of light and privacy to the adjacent dining room/kitchen area and garden caused by the rear extension; Noise and dust nuisance during the construction phase; this will upset the neighbouring household pets; No objection to the side extension or enlarged parking area which will reduce on-street parking congestion; The wall of the rear extension and its foundations should not encroach into the neighbouring land; The rear extension exceeds 3m from the house. It is nearly 4.5 M which means it would cover nearly all of the neighbouring rear garden with a high building; The outlook from the neighbouring garden would be terrible and there would be a loss of view. 1 letter of support received. SPECIAL CONSIDERATIONS Design and residential amenity: The rear and side extensions will be constructed utilising matching materials and are in keeping with the character and appearance of the existing dwelling and surrounding area. There are no windows proposed for the side elevations of the extensions which will result in loss of privacy to the adjacent dwellings (to be secured by condition). The extensions are a sufficient distance from the adjacent properties to ensure that there will not be a loss of light and the development would not over dominate either the existing or adjacent dwellings in terms of their habitable rooms and private garden areas. Page 115

102 No objections have been received to the two storey side extension. The one objection received is in relation to the single storey rear extension. The rear extension measures 3.1 metres in height which is just 0.1 metre higher than that which would otherwise be allowed by permitted development. The development accords with the guidance contained within LPGN Nos. 20 House Extensions, and 21 Space around Dwellings which seek to protect the amenity of the occupiers of surrounding properties and will not have a materially greater impact than an extension built under permitted development rights. Other matters: Although matters relating to the impact of construction works are not strictly planning considerations, advisory notes will be attached to any approval which advise the applicants of their responsibilities in limiting any noise and dust pollution through the development phase. Whilst these are private matters between land owners, a note will also be added reminding the applicant of his responsibilities under the Party Wall Act 1996 and that the development should not encroach upon land over which he may have no control. Further, there is no right to a view over private land and the loss of that view is therefore not a relevant planning consideration. Conclusion: I consider the extensions to be acceptable in terms of scale and design, and there would be no significant impact upon visual or residential amenity. The development is in accordance with the Council s adopted policies and guidance and I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 15/026/KT02 Rev A, 15/026/KT03, 15/026/KT10 and 15/026/KT13 and contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. The vehicular parking area as shown on approved drawing(s) No(s). 15/026/KT02 Rev A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking of motor vehicles at all times. Page 116

103 REASON(S) REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the parking of vehicles clear of the highway in the interest of traffic safety. NOTE(S) TO APPLICANT The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and hrs Monday to Friday, and to hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Environment and Planning Department on Page 117

104 APPLICATION NO: P/2016 /0875 COMMUNITY: Rossett WARD: Rossett LOCATION: CHAPEL COTTAGE ROSSETT ROAD TREVALYN ROSSETT WREXHAM LL12 0ER DESCRIPTION: DEMOLITION OF EXISTING GARAGE AND REPLACEMENT WITH A SINGLE STOREY EXTENSION TOGETHER WITH A FIRST FLOOR EXTENSION OVER PART OF THE GROUND FLOOR APPLICANT(S) NAME: MR & MRS S AND G ANTROBUS AND ROGERSON DATE RECEIVED: 19/09/2016 CASE OFFICER: SEH AGENT NAME: MILES DESIGNS LTD MR S H MILES THE SITE Existing Garage Proposed Extensions Parking Area PROPOSAL As above Page 118

105 HISTORY None relevant DEVELOPMENT PLAN The site is outside of settlement. UDP Policies PS2, T8 and GDP1 apply. Local Planning Guidance Notes Nos. 13 Housing in the Countryside, 16 Parking Standards, 20 House Extensions and 21 Space around Dwellings are also relevant. CONSULTATIONS Community Council: Re-consulted Local Member: Re- Notified Site notice: Expired Other representations: 1 letter of objection received raising the following concerns: Loss of light to the stair/landing area of the adjoining property; A party wall agreement will be required; The extension may cause damage to the neighbouring property and restrict access to maintain it. SPECIAL CONSIDERATIONS Design and residential amenity: The first floor side and single storey rear extensions are in keeping with the character and appearance of the existing dwelling and surrounding area. The extensions represent an increase in floor area of just over 40 % of the original floor area. Whilst this exceed the one third maximum recommended in LPGN 13, the extension would be clearly subsidiary to the dwelling and strikes a reasonable balance between providing additional floor space and maintaining a broad range or rural housing accommodation. There will be no loss of privacy to the adjacent dwellings and the extensions are sufficient distance from the habitable room windows in the adjacent properties to safeguard against issues of loss of light, and the development would not over dominate either the existing or adjacent dwellings. The development accords with the guidance contained within LPGN Nos 20 House Extensions and 21 Space around Dwellings which seek to protect the amenity of the occupiers of surrounding properties. Other matters: Although matters relating to the impact of construction works are not strictly planning considerations, advisory notes will be attached to any approval which advises the applicants of their responsibilities in limiting any noise and dust pollution through the development phase. Page 119

106 Whilst these are private matters between land owners, a note will also be added reminding the applicant of his responsibilities under the Party Wall Act 1996 and that the development should not encroach upon land over which he may have no control. Further, matters raised in relation to access for maintenance to properties are private matter and are not relevant planning considerations in the determination of this application. Conclusion: I consider the extensions to be acceptable in terms of scale and design, and there would be no significant impact upon the character and appearance of the countryside or residential amenity. The development is in accordance with the Council s adopted policies and guidance and I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 01 Rev B, 03 Rev A and 04 Rev A and contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 04 Rev A shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. Page 120

107 NOTE(S) TO APPLICANT The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and hrs Monday to Friday, and to hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on Page 121

108 APPLICATION NO: P/2016 /0897 COMMUNITY: Rhosddu WARD: Garden Village LOCATION: 14 SNOWDON DRIVE WREXHAM LL11 2UY DESCRIPTION: SINGLE-STOREY EXTENSION TO REAR OF PROPERTY APPLICANT(S) NAME: MR RUSSELL JONES DATE RECEIVED: 23/09/2016 CASE OFFICER: PF AGENT NAME: MR RUSSELL JONES THE SITE SITE PROPOSAL Planning permission is sought for a single storey rear extension to the dwelling. The extension is 4.6m wide projecting 5.3m from the rear elevation. It features a dual pitch gable roof design. The application is being reported before the Planning Committee as the applicant is an employee of the Council. Page 122

109 HISTORY None. DEVELOPMENT PLAN The site is located within a defined settlement limit. Policies PS2, GDP1, EC4 and T8 are relevant. Guidance is also contained in Local Planning Guidance Notes 16 Parking Standards, 17 Trees and Development and 20 House Extensions. CONSULTATIONS Community Council: Consulted Local Member(s): Notified Site notice: Expired Neighbouring occupiers: 5 neighbouring occupiers notified. SPECIAL CONSIDERATIONS: Design and amenity: The proposed extension is located to the rear of the dwelling and cannot be seen from public viewpoint. Nevertheless, I am satisfied that the design of the extension is sympathetic to the character of the dwelling. The visual appearance of the proposal is therefore acceptable. The projection of the extension from the rear elevation is acceptable. The neighbouring dwelling to the north west has an extension of similar scale. The neighbouring property to the south east is set at a lower level with a reasonable separation between the two footprints. The proposed extension will not result in a loss of natural daylight to either property and passes the adopted BRE daylight test in LPG20. There is a side facing French door facing towards the neighbouring dwelling. However, there is a distance of 5.8m to the boundary, which then drops to the amenity area of the neighbouring dwelling. On this boundary there is a significant mature evergreen hedge. On balance, I do not consider that there will be a detriment to the privacy of either occupier as a result of this door position. I am satisfied that the proposed extension accords with the requirements of LPG20. Other matters: There is currently a semi mature apple tree in the garden area which will require removal. This tree is only evident from within the garden area. Its removal will accord with policy EC4 which seeks to safeguard trees of significant amenity value. The proposal will not impact upon, or trigger the need for additional parking spaces. Page 123

110 Conclusion: I am satisfied that the proposal accords with the Council s policies and standards in relation to householder extensions. I therefore recommend as follows. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 23 September 2016 and as contained within the application documentation. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Page 124

111 Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on Further information is available on The Coal Authority website at: All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and hrs Monday to Friday, and to hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Environment and Planning Department on Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Page 125

112 APPLICATION NO: P/2016 /0904 COMMUNITY: Gresford WARD: Marford & Hoseley LOCATION: 17 HILLOCK LANE GRESFORD WREXHAM LL12 8YL DESCRIPTION: ERECTION OF FENCE (IN RETROSPECT) APPLICANT(S) NAME: MR JONATHAN HUNT DATE RECEIVED: 23/09/2016 CASE OFFICER: SEH AGENT NAME: MR JONATHAN HUNT THE SITE PROPOSAL As above HISTORY None relevant Page 126

113 DEVELOPMENT PLAN Inside settlement. UDP Policies PS2 and GDP1 apply. CONSULTATIONS Community Council: Objects. It has a negative visual impact on the surrounding area and is not in keeping. Local Member: Notified Highways: No objection (see special consideration below) Site notice: Expired Other representations: SPECIAL CONSIDERATIONS 2 letters of objection received raising the following concerns: The highway authority is wrong. Visibility for drivers existing the private driveway onto Hillock Lane is poorer since the fence replaced the hedge; Negative impact upon the appearance of the area especially when compared to the hedge which it has replaced; Interference with a dee valley water metre and electric cable. Design: A close boarded timber fence which measures approximately 2 metres in height has been erected around the side and front boundaries. The fence replaces a mature hedge. The fence has had a significant impact upon the appearance of the area given its proximity to the footway and stark materials of construction (see image below). However, I am of the view that the impact of the fence can be adequately mitigated by painting it dark green and the implementation of a planting scheme to the front boundary which will soften its appearance. The applicant Page 127

114 has confirmed that he is willing to paint the fence and provide some planting to the front boundary and this will be secured by planning condition. Highways: The fence is located on Hillock Lane which is a classified road subject to a 30 mph speed limit. Visibility from the existing shared private drive serving Nos.17, 19 and 21 Hillock Lane appears to be no worse when compared with the previous frontage (a hedge in excess of 1 metre in height). The highway authority therefore raise no objections on highway safety grounds. Other matters: Any interference with a water metre or electricity cable is not a relevant planning consideration. Conclusion: Subject to the imposition of the above detailed planning conditions, I consider the fence to be acceptable in terms of scale, design and highway safety and I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. Within one month of the date of the permission, the fence hereby approved shall be painted dark green. The fence shall thereafter only be recoloured dark green. 2. Within 3 months of the date of this decision, shrubs and hedging shall be planted on the site in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 3. The planting scheme implemented in connection with condition no. 2 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. REASON(S) 1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 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. Page 128

115 APPLICATION NO: P/2016 /0910 COMMUNITY: Overton WARD: Overton LOCATION: TROTTING MARE GARAGE KNOLTON OVERTON WREXHAM LL13 0LE DESCRIPTION: OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (3 NO. DWELLINGS) WITH ASSOCIATED PARKING APPLICANT(S) NAME: MR BARBER DATE RECEIVED: 26/09/2016 CASE OFFICER: MP AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD MR DAFYDD EDWARDS SITE Application site and approximate position of proposed dwellings PROPOSAL Outline permission is sought for 3 dwellings. All matters are reserved for subsequent approval. Page 129

116 HISTORY P/2003/1349 Erection of detached MOT testing bay. Granted DEVELOPMENT PLAN Outside of settlement limit and within Special Landscape Area. Policies GDP1, H5 and T8 apply. CONSULTATIONS Community Council: Local Member: Notified Public Protection: Highways: Whilst this application is not within the permitted Settlement Boundary, members voted in favour of the 2 dwellings shown on the application (drawing B098/004) as it complied with Policy H5 -d) Infill development. Members objected to the dwelling shown on the application (drawing B098/001) as this was in excess of the remit and supported the concerns of Highways in relation to the inadequate access (exit) onto the busy A528. Members supported the requirement for a footway to be added along the site frontage in the interest of pedestrian safety. Conditions regarding contamination remediation and hours of working are recommended. Have made the following comments: - Assuming typical speeds of 50mph any access in this location would be required to provide a splay of 2.4 x 160 in both directions; - The existing southerly access is 8.8m wide and provides access to both the garage and Trotting Mare Cottage. Visibility is inadequate in both directions providing splays of approximately 2.4 x 36m to the south east and 2.4 x 35m to the north-west. Visibility is impeded in both directions as the required splays as the required splays cross 3 rd party land. Visibility in the north westerly direction is also impeded by the existing garage sign; - The northerly access is 8.3m wide and provides access to the garage site only. Visibility is inadequate in both directions Page 130

117 providing splays of 2.4 x 36m to the south east and 2.4 x 37m to the north west. Visibility is impeded in both directions as the required splays cross 3 rd party land. Visibility in the south easterly direction is also impeded by the existing garage sign; - The submitted plan indicates a centrally shared access approximately 4.8m wide and providing parking and turning for 6 cars which is considered adequate. The submitted plan indicates visibility splays of 2.4 x 69m to the north west and 2.4 x 48m to the south-east. Although these splays fall short of TAN18 standards they represent a significant improvement on current visibility splays; - The submitted layout plan also indicates a shared access at the southerly end of the site to serve a new bungalow at the rear of the site and Trotting Mare Cottage. This access only appears to be 3.4m wide which is inadequate. I would normally recommend a shared access width of 3.5m for at least 5m behind the highway; - Any proposed accesses will need to be paved with hard bound materials for at least 5m behind the highway with no gates being erected within 5m of the highway boundary; - The access should take the form of a dropped kerb vehicular crossing. Any existing dropped kerbs that are not required shall be re-instated to full height; - There is an existing highway verge fronting the site. It may be considered beneficial to construct a 2m wide footway along the site frontage in the interests of pedestrian safety; - Parking and turning provision appears adequate; - The existing car dealership and MOT/servicing centre have the potential to generate a significant number of daily movements. In comparison the 3no dwellings are likely to generate fewer vehicle movements; Page 131

118 - In principle I have no objection on highways grounds. Welsh Water: Recommend drainage conditions. Natural Resources Wales: Have made the following comments: - Recommend contamination conditions; - Recommend the application be screened to see if there is a likelihood of bats being present; - Where mains drainage is not possible and private sewage treatment / disposal facilities are utilised, they must be installed and maintained in accordance with British Standard 6297 and Approved Document H of the Building Regulations 2000; - The written consent of NRW or registration for exemption by the developer will be required for any discharge e.g. foul drainage to a watercourse/ditch etc., from the site and may also be required for certain categories of discharges to land; - The proposal is within or may affect Maelor Landscape of Outstanding Historic Interest. While this is not a statutory designation, chapter 6 of Planning Policy Wales (PPW) states that it is a material consideration in the planning process and must be given due regard when reaching a determination. Site Notice: Expired Neighbours: The owners/occupiers of 5 nearby properties notified representation supporting the application for the following reasons: - Reduced light and noise pollution; - Reduced traffic; - Reduced parking on a busy road, which impedes my exit; - Benefit to wildlife. 1 representation supporting the application but expressing the following concerns: - The pictures on the application are outdated; - Safety con erns about the access onto a very busy road; - Overlooking; - Impact upon right of access. Page 132

119 SPECIAL CONSIDERATIONS Policy: The site existing garage site is part of a small cluster of development located in open countryside that also consists of 2 dwellings to the north-west of the site and 2 dwellings to the south-east of the main garage building. The Trotting Mare public house lies on the opposite side of the A528. In accordance with policy H5, residential development in the countryside is only likely to be permitted where it consists of the conversion of a suitable building, the subdivision of an existing dwelling, up to two dwellings on an infill plot, small scale affordable housing on sites adjacent to settlement limits or housing for rural enterprise workers where there is an essential need for them to live at or close to their place of work. The application proposes the erection of two dwellings in place of the main garage building fronting the A528 together with a third dwelling located at the rear of the site in place of two existing workshop buildings. The workshop buildings are situated directly behind the adjacent dwellings of Trotting Mare Barn and Trotting Mare Cottage. The main garage building is part of a well-developed built frontage that also consists of the dwellings located either side of the site. The erection of two dwellings in its place would constitute infill development and therefore be in accordance with policy H5. The dwelling proposed at the rear of the site would not constitute infill development. Furthermore UDP policies make no provision for the replacement of commercial/industrial buildings located in the countryside with dwellings. However Planning Policy Wales (paragraph ) advises that the sensitive infilling of small gaps, or minor extensions to groups of dwellings in the countryside may be acceptable depending on the character of the surroundings and the pattern of development in the area. It is unlikely that there will be many cases where extensions to small groups of existing dwellings/buildings in the countryside can take place without harm to the rural landscape, however in my opinion this is one of the limited cases that such development is acceptable. As noted above, the dwelling located at the rear of the site will replace two workshop buildings that are of an industrial character. The curtilage of the dwelling will be contained entirely within the curtilage of the existing garage so will not represent an undesirable intrusion into the countryside. The indicative plans suggest the dwelling will be a bungalow of up to 5 metres high compared to the existing workshop buildings that around 6 metres. The proposed bungalow would also occupy around half the area of the cumulative area of the two workshop buildings. The development will therefore have less impact upon the locality and wider Special Landscape Area than the existing garage buildings. Indeed the development presents an opportunity to enhance the appearance of the site and immediate locality by way of increase Page 133

120 soft landscaping. There are also a number of other benefits that I will discuss in more detail below. Design: All matters are reserved for subsequent approval, however the indicative plans confirm the development broadly reflects the existing pattern of existing development on the site and in its immediate surroundings. Amenity: The dwellings erected in place of the main garage building will not adversely impact upon neighbouring occupiers by way of loss of light, privacy or by being visually overbearing. Whilst the dwelling located at the rear of the site would be relatively close to Trotting Mare Cottage and Trotting Mare Barn, provided it is single storey (as indicated on the indicative plans), it will not result in unacceptable loss of light, privacy or be overbearing. The indicative site plan demonstrates that it will be possible to develop the site in a manner that provisions future occupiers with sufficient private amenity space. The development will improve the amenity of neighbouring occupier as a result of less traffic to/from the site as well as less potential for other noise and disturbance associated with commercial activities. Highways: The site has two existing accesses, one at the northern end of the site the other at the southern end. The latter also serves as the means of access to the adjoining property Trotting Mare Barn. Both accesses suffer from substandard visibility. Access is reserved for subsequent approval; however the indicative plans suggest that the two dwellings that will replace the main garage building will be served by a new centrally located access. The exiting southern access will be retained to serve the dwelling at the rear as well as continuing to provide access to Trotting Mare Barn. Whilst both accesses will have substandard visibility, the new central access will have better visibility than the existing northern access. Furthermore the development will significantly generate less traffic than the existing use and as such will be of benefit to highway safety. The indicative plans have been amended to take account of comments made by Highways and now demonstrate that a southern access 4.5m wide for the first 5 metres behind the highway is achievable and will therefore allow vehicles to enter and leave the site at the same time. The indicative plans confirm that there is sufficient space for 3 parking spaces for each dwelling and room for vehicles to turn within the site. The parking and turning provision will therefore accord with LPG16 for 3 or 4 bedroom dwellings. Page 134

121 Highways have recommended a footway be provided along the site frontage. There is short section of footway to the north of the dwellings to the north-west and another short section of footway on the opposite side of the road fronting the Trotting Mare public house. However neither footway connects with any other footway so there is no dedicated provision for pedestrians to walk to nearby settlements such as Overton. In my opinion provision of a footway long the site frontage would not serve be of any significant benefit to occupiers of the development and as such it would be difficult to conclude that it is necessary to allow the development to go ahead. Ecology: The existing buildings do not provide suitable habitat for bats. As such the development is unlikely to adversely impact upon the favourable conservation status of bat species. Contamination: NRW have recommended a number of conditions in respect of the investigation of the site for and the remediation and monitoring of potential contamination. Whilst I agree that it is necessary to ensure that any potential contaminated land within the site is identified and remediated, I do not intend to impose all of the conditions NRW have recommended. I consider this matter can be adequately dealt with via the conditions listed in my recommendation below. CONCLUSION The erection of two dwellings in place of the existing main garage building accords with policy H5. Whilst the erection of a bungalow at the rear of the site does not accord with that policy, it broadly accords with Planning Policy Wales advice and will improve to the appearance of the site and in turn have a positive impact upon the wider Special Landscape Area. The proposals will also have less impact upon the occupiers of neighbouring properties, generate much less traffic, be of benefit to highway safety and will have adequate off-street parking and turning. The proposals therefore accord with policies GDP1, EC5 and T8. 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 layout of the building(s) b. the scale of the building(s) c. the 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 Page 135

122 expiry of two years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of three years from the date of this permission or before the expiry of one year from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. No development shall take place until a phased site investigation of the nature and extent of contamination has been carried out and submitted to and approved in writing by the Local Planning Authority. If any contamination is found during the site investigation, no part of the development shall commence until a scheme specifying the measures that will be taken to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority. The site shall thereafter be remediated in accordance with the approved scheme. If during the course of development any contamination is found that has not been identified in the site investigation, no further development shall take place on those parts of the site where that contamination has been found until an additional scheme of remediation has been submitted to and approved in writing by the local planning authority for those parts of the site. The relevant parts of the site shall thereafter be remediated in accordance with the additional scheme of remediation. 5. Each part of the site subject to the remediation under the scheme(s) approved as part of condition 04 shall not be occupied/used until a Validation Report has been completed in respect of that part of the site and submitted to and approved in writing by the Local Planning Authority. 6. The details submitted in respect of condition 04 shall identify any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and a plan for such monitoring as well as arrangements for contingency action. Reports on monitoring, maintenance and any contingency action should be carried out in accordance with a long-term monitoring and maintenance plan and shall be submitted to the Local Planning Authority in accordance with a timescale that has been set out in that plan. On completion of the monitoring programme, a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. 7. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 8. Development shall not commence until a Construction Environment and Management Plan has been submitted to and approved in writing by the Local Planning Authority. Construction shall thereafter be carried out in strict accordance with the details as approved. 9. No infiltration of surface water drainage into the ground shall be permitted unless details have been submitted to and approved in writing by the Local Planning Authority to demonstrate other than with the express Page 136

123 written consent of the Local Planning Authority that it will not give rise to a risk to the pollution of controlled waters. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order To comply with Section 92 of the Town and Country Planning Act, To comply with Section 92 of the Town and Country Planning Act, In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. In the interests of the amenities of the future occupants of the buildings 7. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 8. To protect the amenities of the occupiers of nearby properties. 9. To prevent pollution of the water environment. Page 137

124 APPLICATION NO: P/2016 /0943 COMMUNITY: Glyntrian WARD: Ceiriog Valley LOCATION: BRYN BEDW DOLYWERN GLYN CEIRIOG WREXHAM LL20 7AG DESCRIPTION: ERECTION OF NEW GARAGE, RE- MODELLING OF FRONT GARDEN TO INCLUDE HARDSTANDING AND NEW VEHICULAR ACCESS APPLICANT(S) NAME: MR DAFYDD ROBERTS DATE RECEIVED: 06/10/2016 CASE OFFICER: LP1 AGENT NAME: DPA LTD MR GARETH EDWARDS SITE Detached property in Dolywern Proposed garage Page 138

125 PROPOSAL REPORT OF THE HEAD OF ENVIRONMENT AND PLANNING Erection of new garage, re-modelling of front garden to include hardstanding and new vehicular access HISTORY 5/13491 Erection of two storey extension to rear of property together with erection of dormer window and conservatory to the front and formation of new vehicular access and car port. Granted 02/09/1993 DEVELOPMENT PLAN Lies within settlement limit, Policies GDP1 and PS2 apply. CONSULTATIONS Community Council: Consulted 07/10/2016 Local Member: Notified 07/10/2016 Highways: No objections to proposal; require conditions relating to hard surfacing of access. Site Notice: Expired 03/11/2016 Other Representations: Neighbouring properties consulted 13/10/16 SPECIAL CONSIDERATIONS This application is being reported to Planning Committee as the wife of the applicant is an employee of the Council. The site: The property is a detached house that is set 4.5m above the level of the road. There is currently a car port that lies 1m back from the edge of the road. The proposal is to construct a new garage that would be set into the hillside at the same level of the road. The roof of the garage will be grassed over and form part of the front garden area for the property. Design and Amenity: Due to the land levels in this area several of the nearby properties have garages to the front of the house in similar locations. The design of the garage, being built into the hillside and with a roof that is incorporated into the terracing of the garden reduces the impact of the building. It will be set further back into the site than the current car port and the overall impact on the street scene will be minimal. There is no impact on the amenity of the neighbouring properties. Highways: The garage is set back more than 5.5m from the edge of the highway leaving room for parking clear of the highway in front of the garage. Page 139

126 The access will need to be hard surfaced prior to the first use. Visibility at the site is not affected by the proposal. CONCLUSION The design of the garage is acceptable with no adverse impact on the street scene or neighbouring properties and I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered P-03, P-04, P-05 and contained within the application documentation. 3. No facing or roofing materials shall be used other than materials matching those used on the existing building. 4. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 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 140

127 APPLICATION NO: P/2016 /0946 COMMUNITY: Overton WARD: Overton LOCATION: RESTAURANT 8A BANGOR ROAD OVERTON WREXHAM LL13 0HB DESCRIPTION: ERECTION OF TIMBER GENERAL STORAGE SHED (IN RETROSPECT) APPLICANT(S) NAME: MR ABUL HUSSAIN DATE RECEIVED: 06/10/2016 CASE OFFICER: SEH AGENT NAME: M A CLARK MR MICHAEL CLARK THE SITE Shed PROPOSAL As above HISTORY P/2016/0683 Change of use of the first floor restaurant to a residential flat. Permission Granted but not yet implemented Page 141