APPLICATION NO: P/2014 /0708 COMMUNITY: Sesswick WARD: Marchwiel LOCATION: LAND ADJOINING 10 BEDWELL CRESCENT CROSS LANES WREXHAM LL13 0TT DESCRIPTION: OUTLINE PLANNING APPLICATION FOR RESIDENTIAL DEVELOPMENT WITH ALL MATTERS RESERVED. DATE RECEIVED: 19/09/2014 CASE OFFICER: MP AGENT NAME: MR ROBERT BENNETT APPLICANT(S) NAME: MRS ISABEL CHASE THE SITE Indicative position of site access Application site and indicative position of dwelling PROPOSAL Outline planning permission is sought for the erection of a single dwelling. All matters are served for subsequent approval. 144
HISTORY No history. DEVELOPMENT PLAN Within settlement limit. Policies GDP1, H2 and T8 apply. CONSULTATIONS Community Council: No objection provided it is in accordance with the County LDP. It is noted that the proposed access is shown from the vehicle turning point of Bedwell Crescent, and that a small leylandi hedge may, at least in part, need to be removed. Local Member: Notified 24.9.14 Public Protection: Recommend condition and advisory notes in respect of the impact of construction. Highways: Have made the following comments: - Visibility from the existing junction of Bedwell Crescent is adequate; - Recommend that any proposed access is a minimum of 3 metres wide, paved for 5m behind the highway boundary and an Aco drain provided to prevent surface water flowing onto the highway. No gates shall be erected within 5m of the highway; - Given the existing issues of on-street parking within the turning head fronting the site I would recommend that maximum parking provision is provided and appropriate turning for ease of access. - No objections subject to conditions. Welsh Water: Consulted 24.9.14 NRW: Standard advice applies. Site Notice: Expired 22.10.14 Neighbours: The owners/occupiers of 8 dwellings and 1 business premises notified 2 October 2014. 4 letters of objections received and 1 anonymous letter sent on behalf of a number of unnamed local residents expressing the following concerns: - The new property will look cramped and out of place; - Loss of turning/parking spaces for residents; - Bedwell Crescent is already overcrowded with parking; - Construction vehicles ruin the road and will block access to properties; 145
SPECIAL CONSIDERATIONS - Bin wagons currently have difficulty because of parked cars; - Loss of parking for properties that have no onsite parking of their own; - Difficulties for emergency vehicles to access the Crescent; - Loss of the turning/parking area at the end of the Crescent encouraging in more parking on Bedwell Road and resulting in congestion and compromising highway safety; - Noise, pollution and dust from construction vehicles; - The development will breach resident s Human Rights (Protocol 1 Article 1 Protection of Property and Article 8); - Traffic generation; - Bedwell Crescent is narrow and is already overloaded with cars and is very difficult to manoeuvre and park as a disabled person. The development will make access even more difficult or impossible; - Site notice was removed; - Contrary to the claim it is too onerous, the applicant is more than capable of looking after the land; - Impact upon an existing right of access across the property from Bedwell Crescent to a property on Bedwell Road. 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: The application site is a generously sized plot (400 sq.m in area) with a frontage of comparable width to the plots occupied by existing dwellings in the cul-de-sac. I am therefore satisfied that the development will not appear cramped. Subject to an acceptable external appearance the development will not detract from the appearance of the site or its surroundings. Amenity: It will be possible erect a dwelling on the site in accordance with LPG21 and as such the development will not adversely impact upon the standard of amenity afforded to the occupiers of nearby properties by way of loss of light, loss of privacy or by being visually overbearing. Access and Parking: The indicative plans show the dwelling being provided with a private driveway accessed via the turning head at the end of Bedwell 146
Crescent. Highways have not expressed any concerns about the intended access arrangements and I therefore have no reason to conclude it will be unacceptable with regards to highway safety. The majority of the properties in Bedwell Crescent have private driveways capable of accommodating 2 vehicles but despite this the turning head is regularly used as a parking area. I understand the occupiers of Croft Cottage and Anvil Cottage on Bedwell Road in particular rely on the turning head for parking because there is no off-street parking within the curtilage of either property. Notwithstanding the above turning heads are provided to enable vehicles to turn. They are not provided for use as an on-street parking area. Local residents have no right to use the turning head as parking area and the fact the development would impede their ability to do so would not be a valid reason to refuse planning permission. Indeed the provision of a vehicular access to the development is more likely to mean the turning head will be kept clear of parked cars and therefore available for its intended purpose both during the period when the erection of the dwelling is taking place and once it is occupied. It has been suggested that the occupiers of Croft Cottage have a right of pedestrian access across the site. I have no evidence to confirm whether this is the case or not however it is a private matter that is outside of the scope of planning control. Nevertheless the development would not physically prevent the occupiers of that property being able to cross the site if indeed they have a right to do so. There is sufficient space within the site to provide off-street parking and turning in accordance with the requirements of Local Planning Guidance Note 16. Highways have recommended conditions in respect of the width of the access, the surfacing of the access and requiring details of the verge crossing. Access is a reserved matter so it is unnecessary to impose the conditions on the outline planning permission stage. Highways have also requested a condition be imposed to prevent gates from being erected across the site access within 5 metres of the highway. Given that the site will be accessed via a relatively lightly trafficked cul-de-sac it is unlikely that vehicles waiting on the highway whilst gates are closed/opened will significantly impede traffic within the cul-de-sac. As such I consider the condition unnecessary in this instance. Construction: It is inevitable that there will be some short term disruption during construction but this would not be a valid reason to refuse planning permission. Imposing a condition to limit the times when construction works take place should ensure that those impacts are kept to a minimum. 147
Human Rights: An objector has made reference to the Human Rights Act of 1998. As discussed above the development of the site will accord with adopted planning policies and relevant local planning guidance notes and a condition will be imposed to limit the impact of construction works. As such I am satisfied that the development will not: i) Deprive nearby occupiers of their entitlement to the peaceful enjoyment of their possessions (Protocol 1, Article 1); or ii) Deprive nearby occupiers of the right for respect of their private and family life (Article 8). CONCLUSION The development of the site accords with policies GDP1, H2 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 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. The submissions made in respect of condition 01 shall include details of an off-street parking and turning area that shall be provided within the development site. The parking and turning area as approved shall be laid out, surfaced and drained prior to the first occupation of the dwelling hereby granted planning permission and thereafter retained, kept free of any obstruction and made solely available for the parking and turning of vehicles at all times. 5. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 7. This permission allows for a maximum of 1 (one) dwelling to be built on the site. 148
REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 6. To protect the amenities of the occupiers of nearby properties. 7. In the interests of the standard of amenity afforded to the occupiers of nearby properties and the appearance of the area. NOTE(S) TO APPLICANT The applicant is advised that compliance with condition no. 06 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The 149
applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. 150