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Page No 1

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008

Community Code No Applicant Recommendation Page Nos

ESC P/ 2007/0682 Countryside Properties (Northern) Ltd

GRANT 3 - 8


GRANT 9 - 16


GRANT 17 - 42

BRY P/ 2007/0955 Mr G Hughes GRANT 43 - 46

GLY P/ 2007/1114 Malcolm Evans REFUSE 47 - 50

CEF P/ 2007/1276 PennafMr Richard Williams

GRANT 51 - 55

CEF P/ 2007/1282 Mr & Mrs Edwards GRANT 56 - 59

WRR P/ 2007/1400 Mr PI Wright GRANT 60 - 63

ROS P/ 2007/1424 MR ALAN BROOKE GRANT 64 - 68

WRO P/ 2007/1428 N E WALES NHS TRUST GRANT 69 - 72

RHO P/ 2007/1431 MR D HANNABY GRANT 73 - 78

GLY P/ 2008/0001 MRS RP DAVIES GRANT 79 - 81

WRO P/ 2008/0007 McINERNEY HOMES HOMES (NW) LTD

GRANT/REFUSE 82 - 85

LLA P/ 2008/0015 MR L WARBURTON GRANT 86 - 90

MIN P/ 2008/0031 E ROGERS GRANT 91 - 95

RUA P/ 2008/0034 DWR CYMRU WELSH WATER

GRANT 96 - 98

RUA P/ 2008/0062 DWR CYMRU WELSH WATER

GRANT 99 - 101

WRO P/ 2008/0042 THE SPIRIT GROUP LTDMRS K TURTON

GRANT 102 - 105

CEF P/ 2008/0052 WREXHAM C B C GRANT 106 - 108

MAE P/ 2008/0065 PENLEY RAINBOW CENTRE GRANT 109 - 112

BRO P/ 2008/0066 PRICEHARRIS DEVELOPMENTS LTD

GRANT 113 - 118

WRA P/ 2008/0083 MR N GRIFFITHS GRANT 119 - 121

WOR P/ 2008/0085 CB HOMES LTD GRANT 122 - 125

WRA P/ 2008/0086 MR & MRS E WILLIAMS GRANT 126 - 129

Page No 2

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008LLA P/ 2008/0087 AUTO SALES CHESHIRE &

NORTH WALESGRANT 130 - 132

BRY P/ 2008/0095 GILL MCNAMARA GRANT 133 - 136

Total Number of Applications in Report: 26

All plans included in this report are re-produced from Ordnance Survey Mapping with the permission of the Controller of Her Majesty’s Stationery Office. Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. WCBC Licence No. LA0902IL

All plans are intended to be illustrative only and should be used only to identify the location of the proposal and the surrounding features. The scale of the plans will vary. Full details may be viewed on the case files.

Page No 3


APPLICATION NO:P/2007 /0682

COMMUNITY:Esclusham

WARD:Esclusham

LOCATION: Land At Wrexham Road Rhostyllen Wrexham

DESCRIPTION:Variation of condition no. 5 imposed under Planning permission code no. P/2004/0940 to allow the installation of signal controlled junctions instead of two roundabouts on Wrexham Road.

APPLICANT(S) NAME: Countryside Properties (Northern) Ltd

DATE RECEIVED: 30/05/2007

CASE OFFICER: JGK

AGENT NAME:Countryside Properties (Northern) Ltd

_____________________________________________________________________THE SITE

PROPOSAL

Variation of condition no 5 imposed under planning permission code no p/2004/0940 to allow the installation of two signal controlled junctions instead of two roundabouts on Wrexham Road. (at Church St/Wrexham Rd and Eldon Grove/Wrexham Rd).

RELEVANT HISTORY

P/2004/0940 Outline application for residential development and open amenity land, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian. Granted 06.12.04.

Traffic light junctions

Page No 4

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008P/2007/0683 Construction of 2 new footpaths/cycleways and erection of three

footbridges. Granted 20.07.07.P/2007/0684 Fell 1 no. Ash tree (TPO WCBC No. 23). Refused 10.07.07.P/2007/0685 Development of community centre (D1) retail (A1) and cafe (A3).

(next application on agenda)P/2007/0686 Residential development (223 dwellings) and construction of new

vehicular and pedestrian accesses (granted in outline under code no. P/2004/0940). Application later on this agenda.

DEVELOPMENT PLAN

Site allocated for residential within the settlement limits The policies relevant to considering these proposals are PS1, PS2 and GDP1.

CONSULTATIONS

Community Council: Notified 31.May.07.Local Member: Notified 31.May.07. (oral response: objects)Highways: Traffic signal controlled junctions will provide greater

safety for pedestrians crossing the road.Other representations: Comments received as follows:

Safety of pedestrians is vitally important at the proposed junctions

Hazards associated with the existing parking arrangements with the Co Op (at junction of Eldon Grove with Wrexham Road) need addressing

Pedestrian crossings should be “Toucan” design Noise and light pollution should not create a

nuisance to nearby properties Insufficient drainage provision at junction of Eldon

Grove with Wrexham Road

SPECIAL CONSIDERATIONS/ ISSUES

(See also my reports P/2007/0685 & 0686)

Background: Outline planning consent (ref no P/2004/0940) was granted in 2004 and condition 5 stated that:

‘No development shall take place until details of all off-site road improvements have been submitted to and further approved by the Planning Authority. These shall include:a. construction of two new roundabouts on Wrexham Road.b. pedestrian/cycle crossing on Wrexham Road.c. works to Church Street to improve pedestrian facilities.The works shall be implemented within a timescale to be further agreed with the Local Planning Authority.’

The applicant now considers that it would be better to install signal controlled junctions in place of the two roundabouts on Wrexham Road and seeks to vary the condition in this respect only.

Page No 5

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Highways: At the time of the outline consent the form of development was not known but similarities were identified between this development site and the Holt Road development. Consequently, a condition requiring that access be provided by means of roundabouts was agreed. As details of the development progressed it became apparent that traffic signal control of the main points of access would be more appropriate. The housing development has the potential to generate significant numbers of pedestrian movements and it is considered that traffic signal control will provide greater safety the movement of vehicles and for pedestrians/cyclists crossing the road. Apart from the control of traffic at the junctions, traffic signals in the form of puffin crossings will also be utilised to provide designated crossing points along the Wrexham Road for pedestrians and cyclists (see my report P/2007/0686).In addition, the introduction of a traffic signal controlled at the Eldon Grove junction with Wrexham Road will improve the parking arrangements for the Co-op.

Conclusion: I consider that the introduction of traffic signal controlled junctions will be an improvement to the proposed scheme and will provide for increased highway and pedestrian safety.

RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. As part of the reserved matters, a Final Masterplan shall be submitted for the further approval of the Local Planning Authority. The Final Masterplan will take account of the approved Wrexham Road Rhostyllen Planning Development Brief, consisting of a detailed site survey/appraisal, establish the development framework and identify a sustainable design strategy.2. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced:a. the siting of the building(s)b. the design of the building(s)c. the external appearance of the building(s)d. the means of access to the site and building(s)e. the proposed layout and functions of the external spaces, including the layout of vehicle parking and turning facilities.3. Plans and particulars of the reserved matters referred to in condition 1 and 2 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved.4. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later.5. No development shall take place until details of all off-site road improvements have been submitted to and further approved by the Planning Authority. These shall include:a. construction of two signal controlled junctions on Wrexham Road.b. pedestrian/cycle crossing on Wrexham Road.c. works to Church Street to improve pedestrian facilities.The works shall be implemented within a timescale to be further agreed with the Local Planning Authority.

Page No 6

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 20086. No development shall take place within the site until a scheme detailing the proposed access arrangement and the layout, design, drainage and construction of the internal estate roads has been submitted and approved by the Local Planning Authority prior to the commencement of any site works.7. Details of internal and external footpath and cycle path provision are to be submitted to and further approved by the Planning Authority.8. Prior to commencement of development, a Travel Plan shall be submitted to and further approved by the Planning Authority. Any agreed proposals shall be implemented in accordance with a timescale to be further approved.9. The estate roads and footways shall be progressively constructed to base coat standard from the junction with the adjacent highways across the frontage of each plot prior to occupation of the building erected thereon.10. The reserved matters for the housing area shall include details for the provision of public open space within the site at a minimum level of 80sm per dwelling. Such details shall include a management plan for the future maintenance of such areas.11. Prior to commencement of any development full details of surface water drainage scheme shall be submitted for the further approval of the Local Planning Authority. The scheme as approved shall be completed prior to the occupation of the first dwelling or the first of the units on the employment site.12. Prior to commencement of the development provision shall be made to offset the shortfall in education facilities as agreed with the Local Planning Authority. This will be a financial contribution towards the provision of additional facilities to nearby existing primary schools.13. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. the works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details.14. No development shall take place until details of earthworks have been submitted to and approved by in writing by the Local Planning Authority. The works shall be implemented in accordance with a time scale to be approved in conjunction with the scheme of details15. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of development or any phase of the development, whichever is sooner, for its permitted use. The approved landscape management plan shall be carried out as approved.16. The erection of fencing for the protection of trees and shrubs shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of 2.1m 'Heras' fencing fixed to a scaffold framework and erected at full extent of each tree and shrub. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority.17. No part of the development shall be commenced until a noise survey has been undertaken to determine noise levels for both day and night having regard to Planning

Page No 7

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Policy Guidance (Wales) Technical Advice Note 11 - Noise. The detailed report to be submitted and approved by the Local Planning Authority shall include:a. noise levels arising from day/night activities arising from the A5152 and the railway line in the vicinity to the proposed development site and the impact on the proposed accommodation.b. a detailed scheme on noise insulation and/or attenuation measures so designed to safeguard the amenity of the future occupants of the proposed accommodation hereby approved.c. an assessment and proposed mitigation measures of likely noise impacts associated with the construction phase upon existing noise receptors on both sides of the A5152.All data shall be representative of typical conditions for both day (0700 - 2300 hours) and night (2300 - 0700 hours). Any mitigation measures required shall be implemented in accordance with timescales to be agreed as part of the measures before development is commenced.18. Prior to commencement of development an air quality assessment in relation to the A5152 for the road traffic pollutants of Nitrogen Dioxide (NO2) and Particulate (PM10) using appropriate monitoring methods, as described in the guidance note, "Review and Assessment: Monitoring Air Quality LAQM T1 (00) May 2000", shall be made. The monitoring shall be undertaken for a minimum of three months. The results obtained from the monitoring shall be used in a suitable model to evaluate the likely pollutant concentrations at any point at the development. It shall be demonstrated that the air quality objectives as set out in the Air Quality (Wales) Regulations 2000 are not exceeded. The development shall only be constructed in strict accordance with Building Regulations.19. A dust management scheme shall be submitted and approved by the Local Planning Authority prior to commencement of the developmente. Any mitigation measures required shall be implemented in accordance with timescales to be agreed as part of the measures before development is commenced.20. The submitted details shall provide for an element of affordable housing within the overall housing scheme and as agreed with the Local Planning Authority. The number and mechanism for securing continued affordability shall be included in such details21. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from car parking areas and hardstandings shall be passed through trapped gullies with an overall capacity compatible with the site being drained.22. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority. Surface water generated from new impermeable surfaces must be limited to equivalent Greenfield rate for the site, the level of which to be agreed with the Agency.23. No part of the development shall be occupied until the Public Right of Way level crossing to the railway is replaced by measures which ensure pedestrian safety in full accordance with details which have been submitted and approved by the Local Planning Authority.

Page No 8

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008REASON(S)

1. To accord with UDP Policies, the Council's LPG Notes and Planning Policy.2. To comply with the provisions of the Town and Country Planning (General Permitted Development Procedure) Order 1995.3. To comply with Section 92 of the Town and Country Planning Act 1990.4. To comply with Section 92 of the Town and Country Planning Act 1990.5. In the interests of the free and safe movement of traffic on the adjacent highway network.6. To ensure the formation of a safe and satisfactory access in the interests of highway safety.7. To ensure adequate facilities are available to enable safe and satisfactory access by pedestrians and cyclists.8. To ensure the provision of sustainable travel.9. In the interests of highway safety.10. To ensure that the development is afforded adequate public open space, in the interests of the amenities of the future residents.11. To ensure a satisfactory method of drainage and to prevent flooding/pollution.12. To accord with UDP Policies GDP2 and CLF1 together with LPG Note 16 - Developer Contributions to Schools.13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.14. To ensure that the works on the site properly take into account of the future health of trees15. To ensure landscape features are properly considered and protected.16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.17. To protect the amenities of the occupiers of nearby properties.18. To protect the amenities of the occupiers of nearby properties.19. To protect the amenities of nearby properties.20. To accord with UDP Policy H7.21. To prevent pollution of the water environment.22. To prevent the increased risk of flooding on and off site.23. For the safety of all pedestrians._____________________________________________________________________

Page No 9



COMMUNITY:Esclusham

WARD:Esclusham


DESCRIPTION:Development of community centre (D1) retail (A1) and cafe (A3)



CASE OFFICER: JGK


_____________________________________________________________________

P/2007 /0685

THE SITE

Land on south side of Wrexham road, Rhostyllen (see overleaf for plan)

PROPOSAL

Development of community centre (D1) retail (A1) and cafe (A3).

RELEVANT HISTORY

P/2004/0940 Outline application for residential development and open amenity land, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian. Granted 06.12.04.

P/2007/0682 Variation of condition no 5 imposed under planning permission code no p/2004/0940 to allow the installation of signal controlled junctions instead of two roundabouts on Wrexham Road. Current application.

P/2007/0683 Construction of 2 new footpaths/cycleways and erection of three footbridges. Granted 20.07.07.

P/2007/0684 Fell 1 no. Ash tree (TPO WCBC No. 23). Refused 10.07.07.P/2007/0686 Residential development (223 dwellings) and construction of new

vehicular and pedestrian accesses (granted in outline under code no. P/2004/0940). Current application.

DEVELOPMENT PLAN

Within the settlement limits and allocated as housing site [H1 (10)]. The policies relevant to considering these proposals are PS1, PS2, PS4, GDP1, S6 and T8. Local Planning Guidance Note 16 – Parking Standards.

Page No 10


Plan 1 Application Site

CONSULTATIONS

Community Council: Notified 01.06.07.Local Member: Notified 01.06.07.Public Protection: Add conditions re Dust Management Scheme and noise

control. Notes to Applicant re hours of operation.Environment Agency: Include conditions re storage of oils, fuels, etc. and

protection of any watercourse. Add Notes to Applicant.Highways: Substantially less parking than required by LPG 16. No

justification for shortfall. Welsh Water: No objections. Add conditions to protect the integrity

of the public sewerage system.

Location of retail units and café

Location of community centre

To Wrexham

Page No 11

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Adjoining Occupiers: Objection received as follows:

Nationally, many village shops are closing Difficult for independent traders to maintain

viability in the face of larger shopping chains situated locally – Co-operative store at corner of Eldon Grove and those in nearby Wrexham town

Demographic, transport and modern lifestyle will affect the long term survival of village businesses such as those proposed

Doomed to failure from the start and will be destined to become fast food outlets attracting local youth, nuisance and crime


Background: Outline planning permission (P/2004/0940) was granted in 2004. The proposal was then for residential development and open amenity land. There were no further details under consideration. Following extensive deliberation by the applicant and discussions with the local community the proposals contained within the ‘reserved matters’ submission now show the provision of a new community building located at the end of the village square fronting onto Wrexham Road. The development to the immediate north of this square will also provide retail units and a café.

Policy: The site is a housing allocation within the adopted UDP and has outline planning permission for residential development. Policy PS1 directs new development for community services to within settlement limits, therefore the provision of a new community centre would be supported. Furthermore, policy GDP1 (k) states that new development should secure the development of sustainable communities, which a mixed-use development would facilitate. Policy S4 states small scale shopping developments will be allowed within settlement limits, providing the development is accessible on foot, does not harm residential amenity and that the sales area does not exceed 300 square metres. Both the shop and café fall below this threshold, and are well integrated within the proposed development, so would also accord with this policy. Therefore, there are no policy objections in principle to the proposal.

Amenity and Design: The proposed community hall is a strong feature two storey building located at either end of the two public squares/greens and is the centrepiece of the development (see Plan 1). It has significant presence with floor to ceiling heights nearly twice those of the houses and provides an interesting outlook facing Wrexham Road. I am concerned that at some time in the future the Council may be faced with an application to change the use to a fast food outlet. I consider this inappropriate and I have added a condition to ensure that the proposed development is only used for the intended purposes.

Page No 12


Drawing showing elevation of retail units and community hall facing Wrexham Road

Highways: Since the initial application for this development further information has been submitted to address the shortfall in parking.

Community Centre - There is a communal parking area some 30m walk from the Community centre providing 18 spaces. This would leave a shortfall on the maximum standards of just 4 spaces. The applicant has assessed the potential traffic generation for the community hall using TRICS. This indicates a peak rate of 14 trips between 12 midday and 1pm; just 7 vehicles per hour. Clearly there could be potential for increased vehicular movement in the evenings when the centre may be used for meetings or parties. It should be noted however that there are additional parking spaces provided at the shop/tearooms, which is likely to have spare capacity in the evenings. I have conditioned that this area of communal parking be dedicated for the sole use of the Community Centre. Cycle parking for 8 bicycles are also provided for this facility.

Tearoom - there is a communal parking area immediately adjacent to these facilities providing 21 spaces. My initial assessment of the parking requirements for the cafe usage was based solely on A3 use under LPGN 16, which caters for pubs, restaurants and fast food stores. A café in this location will clearly not require the sort of provision required for a fast food store. It can be assumed that the vast majority of people using the facility will be pedestrians and certainly people who live in the locality. I consider that the requirements for parking provision can be significantly reduced in this instance. An appropriate planning condition is attached to ensure that the unit is solely used as a café and adequate measures will be put in place to ensure that a fast food store is not permitted on site. Cycle parking for 12 bicycles are also provided for this facility.

Village Store - the figures derived from TRICS for a village store indicate a peak traffic generation between 5 pm and 6pm. It is considered likely that a similar peak occurs during the 8am to 9am period as people journey to work. This is not demonstrated on the submitted information so for the purposes of this assessment I will assume a more robust figure of 23 is used (similar to the evening peak). It is highly unlikely that the café will be occupying any spaces in the morning peak hour so the full 21 space capacity is available. This should adequately cater for the anticipated demand on parking.

It is anticipated that peak demand on the car park is likely to be between 12 and 1pm. TRICS predicts a total of 39 vehicles using the café and shop facilities will arrive at the car park within that hour. I do not envisage this number putting any undue pressure on parking provision given that the continuous nature of comings and goings associated with a village store will mean parking spaces become available on a regular basis.

Page No 13


Conclusion: The Community Centre is intended to be the hub of the proposed development and the existing Rhostyllen community. There are numerous points of access into the development site and this permeability is intended to encourage the existing residents of Rhostyllen to walk to the proposed new facilities. Given current National guidelines on promoting sustainable development I consider that adequate parking is provided for the Community centre. The village store and tea-room are centrally located for the benefit of existing and proposed dwellings and it is anticipated that a significant number of residents will walk to these facilities rather than use a vehicle. The communal parking areas will be shared between tea-room/ village store facilities. It is considered that their peak usage will not coincide and that adequate parking is therefore being provided. In consideration of parking provision it must be noted that Local Planning Guidance Note 16 parking standards are maximum standards. I consider the Travel Plan submitted by the developer is adequate justification for any perceived shortfall.

The community hall will be an important feature building within the proposed development. It is well designed as is the proposed retail and café development and together will provide additional community facilities for the village. The proposals are in accord with Wrexham Unitary Development policies and Guidance Notes. I understand that the National Trust will retain ownership of the retail and café development and therefore control their uses. Nevertheless, I have attached appropriate conditions to ensure that the units are only used for retail and a café.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.4. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).5. Notwithstanding the provisions of the Town and country Planning (Control of Advertisements) Regulations 1992 (or any Order revoking and re-enacting that Order with or without modification) no advertisement shall be displayed on the premises or within the site without the approval of Local planning Authority.6. The retail unit shown as a village store on the approved plans shall not be used for any other purpose other than a purpose within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent

Page No 14

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008to that class in any statutory instrument revoking and re-eancting that Order with or without amendment).

7. Notwithstanding the provisions of Class A3 of the Town and Country Planning (Use classes) Order 1987 (or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order with or without amendment), the unit shown as a tearoom shown on the approved plans shall only be used as a tea room for the sale of food for consumption on the premises. For the avoidance of doubt, no food shall be sold by means of take-away or delivery from the premises.8. Details of any security shutters or any facilities for the provision of security to the premises shall be submitted to and approved in writing by the Local Planning Authority before their installation. No other means of security for the premises shall be installed without the further approval of the Local Planning Authority.9. Full details of a scheme to manage the general use of the community building including measures to prevent potential noise and disturbance, and measures to ensure that the communal parking area is used solely for users of the Community hall shall be submitted to and approved in writing by the Local Planning Authority. The scheme as agreed shall be implemented throughout the use of the building.10. For 12 months from the date of the first operation, the hours of use of the community hall shall be strictly limited to 0700 hours to 2200 hours (Sundays to Thursdays) and 0700 hours to 2230 hours (Fridays and Saturdays). Thereafter, unless prior permission has been granted by the Local Planning Authority, the development shall only be used between the hours of 0700 hours and 2230 hours.11. The community hall development hereby approved shall be provided and available for community use prior to occupation of the 75th residential unit.12. No part of the retail/café development hereby approved shall be brought into use until the communal car and cycle parking as detailed on the approved plan (drawing no RHOS-SITE-107 rev B) has been provided and is in operation, and thereafter retained for those purposes.13. No part of the community hall development hereby approved shall be brought into use until the communal car and cycle parking as detailed on the approved plan (drawing no RHOS-SITE-104 rev B) has been provided and is in operation, and thereafter retained for those purposes.14. Foul water and surface water discharges shall only be drained separately from the site.15. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.16. No land drainage run-off will be permitted, either or in directly, to discharge into the public sewerage system.17. Grease traps shall be provided to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents.18. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.

Page No 15

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200819. Details of equipment to be installed for the extraction and/or treatment of fumes from the process (including any external ducting) shall be submitted to the Local Planning Authority. No part of the process shall be commenced until those details have been approved in writing by the Local Planning Authority and the approved scheme has been fully implemented. The works shall be retained in full accordance with the approved details.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. 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.5. To minimise clutter and to avoid excessive display to the detriment of the visual amenities of the area.6. In the interest of amenity.7. In the interest of amenity.8. In the interest of amenity.9. To protect the amenities of the occupiers of nearby properties.10. To protect the amenities of the occupiers of nearby properties.11. To ensure that the community facility is provided at an early stage of the overall development12. To provide adequate parking facilities for the approved development.13. To provide adequate parking facilities for the approved development.14. To protect the integrity of the public sewerage system.15. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.16. To prevent hydraulic overload of the public sewerage system and pollution of the environment.17. To protect the integrity of the public sewerage system and sustain an essential and effective service to existing residents.18. To prevent pollution of the water environment.19. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

You are advised that the planning permission hereby granted does not authorise any building over, diversion, connection or other interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, PO Box 10, Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any groundwork in connection with the development. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice with regard to the submission of amended plans and / or a new planning application.

Page No 16

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Regarding a connection to the public sewerage system you are advised to contact Dwr Cymru welsh Water's Network Development consultants on tel no 01443 331155.

All works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 0730 hours to 1930 hours Monday to Friday, between 0800 hours to 1400 hours on Saturdays and at no time on Sundays and Bank Holidays.

There shall be no fires on the site, to include the prohibition of the burning of cleared vegetation.You are advised that the Council has the power to control construction site noise by means of a Control of pollution Act 1974, Section 60, Notice, where deemed necessary.

Noise - D1, A1 &A3 uses - the rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by no more than 3 dB(A). The noise levels shall be determined at the nearest noise sensitive premises. Measurements and assessments shall be made in accordance with BS4142:1997 "Method of Rating Industrial Noise Affecting Mixed Residential and Industrial Areas".

The premises are required to comply with relevant Food Hygiene Legislation. You are advised to contact the Chief Housing and Public Health Officer for advice on these matters.

Any works (including temporary works) in, under, over or adjacent to any watercourse may require the formal consent of the Environment Agency prior to works commencing. In accordance with the Agency's "no-culverting" policy, consent for culverting will only normally be granted for site access purposes.

Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990.

The activity of importing waste into the site for use as, for example hardcore, must be registered by the Environment Agency Wales as an exempt activity under the Waste Management Licencing Regulations 1994._____________________________________________________________________

Page No 17



COMMUNITY:Esclusham

WARD:Esclusham


DESCRIPTION:Residential development (223 dwellings) and construction of new vehicular and pedestrian accesses (granted in outline under code no. P/2004/0940)



CASE OFFICER: JGK


_____________________________________________________________________

THE SITE

Land at Wrexham Road, Rhostyllen, Wrexham.

Plan 1: Application Site

PROPOSAL

Residential development (223 dwellings) and construction of new vehicular and pedestrian accesses (granted in outline under code no. P/2004/0940).

Page No 18


RELEVANT HISTORY

P/2004/0940 Outline application for residential development and open amenity land, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian access. Granted 06.12.04.

P/2007/0682 Variation of condition no 5 imposed under planning permission code no P/2004/0940 to allow the installation of signal controlled junctions instead of two roundabouts on Wrexham Road. previous item.

P/2007/0683 Construction of 2 new footpaths/cycleways and erection of three footbridges. Granted 20.07.07.

P/2007/0684 Fell 1 no. Ash tree (TPO WCBC No. 23). Refused 10.07.07.P/2007/0685 Development of community centre (D1) retail (A1) and cafe

(A3).previous item.

DEVELOPMENT PLAN

Within settlement limits Policies relevant are PS1, PS2, PS4, PS5, PS11, GDP1, GDP2, EC4, EC6, EC12, H1, H7, CLF5, CLF 6, T1, T6, T8 and T9. Local Planning Guidance Notes 7 – Landscape and Development, 10 – Public Open space in New Housing Development, 15 – Cycling, 16 – Parking Standards, 17 – Trees and Development, 21 – Space around dwellings, 22 – Sustainable Buildings, 23 – Development Sites with Land Contamination, 24 – Designing out Crime, 27 – Developer Contribution to Schools and 28 – Affordable Housing.

CONSULTATIONS

Community Council: Has concerns in relation to road safety, housing density and parking standards; but will support improvements that the Council choose to condition in relation to these matters.

Local Member: Notified 31.05.07.Highways: No objections in principle. It is accepted that the use of

traffic signal controlled junctions and pelican crossings will improve highway and pedestrian safety. Travel Plan submitted to address shortfall in parking. Most of earlier concerns addressed through resubmission of a revised scheme. Conditions required for: the submission of detailed design for the traffic light controlled junctions; a more comprehensive Travel Plan and retention of the existing pedestrian link through the church car park. S106 Agreement to ensure payment of commuted sums in respect to improvements to Esless Lane link to Clywedog School and in lieu of future maintenance of proposed adopted highways.

Public Protection: Air Quality and TAN 11 - Noise reports submitted are acceptable. Add conditions re. Noise mitigation measures, submission of dust management scheme; and add Notes to Applicant re. Construction phase – contamination and hours of working.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Environment Agency: No objections in principle. Proposal intends to

incorporate Sustainable Urban Drainage System – provision and implementation of SUDS scheme to be conditioned. Attach standard Notes to Applicant.

Education: Conditional contribution offer from National Trust of £229,320 towards improving education accepted by Education department.

Welsh Water: Add conditions to protect integrity of public sewerage system. Add Note to Applicant to protect existing sewers.

CCW: No objections in principle to the proposal. Further ecological appraisal and amphibian reports submitted and acceptable.

CPRW: Notified 31.05.07.PRoW: Notified 31.05.07.Ramblers: Been working with the National Trust. Satisfied with

proposals. Adequate signage of ProW is made through the development.

Network Rail: Notified 31.05.07.Wales & West Utilities: No objections.WAG: Requested by third party to ‘call in’ the planning

application. Issues considered and concluded that they are not of more than local importance and application. WAG do not consider that the application should be called in for determination by Welsh Ministers and it is for the Council to determine the application as it sees fit.

Wrexham Civic Society: Fully supportive in principle, some concerns in that the scheme lacks cohesion, too diverse in house styling and layout, with little way of character of existing settlement.

Site Notice: Expired 26.06.07.Press Notice: Expired 13.07.07.Other representations: 27 letters of objection received raising the following

concerns:(a) The site is an area of open land and would be

a great loss to the village of Rhostyllen.(b) The extra traffic resulting from the

development will cause congestion on Wrexham Road and will lead to pedestrian and road traffic accidents.

(c) The installation of a signalled control junction will lead to further congestion.

(d) The homes will not be affordable to local residents.

(e) 75% unaffordable executive housing is not beneficial to the community.

(f) The development is too large for Rhostyllen putting strain on medical and education facilities.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008(g) The school is not large enough to cope and

already there are a large number of cars parked on the street outside the entrance; this will only increase having a detrimental impact on child safety.

(h) The proposed number of dwellings may lead to an increase in on-street parking. The scheme should include a strategy for public transport.

(i) The distance from the front of the proposed dwellings on Wrexham Road does not reflect the character of those existing on the opposite side.

(j) The sewerage and drainage systems in the area are unlikely to cope with the development.

(k) There is likely to be a negative affect on wildlife.

(l) Object that the National Trust is taking local heritage and selling land that was for the people of Rhostyllen to enjoy, and to develop it for profit when it was acquired at no cost. It would be against the wishes of the Squire Yorke.

(m)The development will reduce the amount of countryside and green belt enjoyed by the local community.

(n) Question the need for the development – there are numerous properties that are unsold in Rhostyllen; the Little Chef is empty so another catering outlet is not needed; the Parish Hall is under utilised as a community centre.

(o) The proposals block the view currently enjoyed by those living on Wrexham Road.

(p) The original outline stated that there were 150 dwellings, this has now increased to 223, which will be an overdevelopment of the area.

(q) Request that a site visit be carried out. (r) There is no local need for the development

Prior to the submission of the application 72 letters were received by the Planning Department, of these 56 were signed leaflets that had been distributed by the ‘Homes for Locals’ group. The following objections were received:

(a) Development will destroy the character of Rhostyllen, which will no longer be classed as a village.

(b) Increased pressure on schools and local services.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008(c) Use of green fields is bad for the

environment(d) Traffic will be a problem on the main road(e) Local people will not be able to afford the

houses – homes should be for locals.(f) Development is completely unnecessary.(g) Don’t want Rhostyllen to be an English

suburb.(h) Houses should be used for first time buyers

that have lived all their lives in Rhostyllen.One letter of support received raising the following points:

(a) The development will benefit everyone who lives in Rhostyllen.

(b) The development will being in people with disposable income creating new opportunities for local businesses and support the development of new facilities. It is prejudicial to say these people won’t integrate with the existing community.

(c) The National Trust should be praised for promoting such a high quality and environmentally friendly development.

(d) The provision of a broad range of houses offers choice and opportunity for all and is a very positive thing.

A Poll of the Local Government Electors of the Community of Esclusham was taken on 22 January 2008 with 209 voting for and 389 voting against ‘the proposed development by the National Trust of 223 houses on Erddig Grounds, or any other development within the community that is not based on local need?’

The National Trust summary response to comments made under ‘Other Representations’ (A more detailed response is available)

(a) + (m) The site has been farmland and is not public open space. There is a public footpath accessed over a stile. The proposals will improve public amenity and access with the provision of five integrated open spaces, access to the other side of river, leading to the Trust woodland and the Erddig estate.

(b)+(c)+(g)+(h) To improve traffic management and enable pedestrians to cross the Wrexham Road safely, it is recommended that traffic lights and pedestrian crossings are introduced which should encourage walking and cycling rather than using cars for the “school run”. The travel plan includes a strategy for public transport. The layout of the development encourages parking within the mews areas and parking spaces provided.

(d)+(e) There will be a broad mix of housing from one bedroom apartments to four bedroom houses. Of the 223 homes proposed, 25% (55) will be affordable homes for people qualifying with housing need and a local connection to Esclusham.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008(f) The Trust has agreed to pay for new classroom at Rhostyllen County Primary School, and is advised there is sufficient capacity at the Secondary School to accommodate all the new pupils.

(i) + (o) The design of the proposed dwellings on Wrexham Road endeavours to create a variety of distances from the Wrexham Road, ensuring a visually attractive and sympathetic frontage.

(j)+(k) The development will include a sustainable urban drainage system which will allow storm water to enter the watercourse at a carefully controlled rate through the use of elements such as porous paving and rainwater attenuation features. The landscape proposals should have a positive effect on wildlife. The open spaces will be managed for biodiversity of flora and fauna. Hundreds of native trees, shrubs and plants will be planted creating a diversity of habitats.

(l) The Trust is able to sell this land under the “Deed of Gift” from Philip Yorke in 1973. The proceeds are to be used to create an endowment for Erddig.

(n) The emerging Local Development Plan shows that there continues to be a need for housing development. Through the community consultations proposals emerged to create a more sustainable community by including local facilities and services.

(p) The outline planning consent did not specify the number of dwellings. The Local Planning Guidance Note on Sustainable Development recommends that land be used more effectively with a minimum density of 30 dwellings per hectare, where there is access to services locally. The proposed density of development is 29.5 dwellings per hectare. It also includes a proportion of smaller properties suitable for first time buyers.


Background: The application site, currently in agricultural use, covers land allocated for housing in the Wrexham Unitary Development Plan and its predecessor, the Wrexham Maelor Local Plan, together with land to the south adjacent to Glan yr Afon Brook which is to be safeguarded for open space purposes. Outline planning permission was granted in December 2004 for residential development, a decision that also took into account the Council’s Development Brief for the site (Wrexham Road, Rhostyllen Planning Development Brief approved 19th October, 2004). See also, comments later upon the issue of the principle of the development.

In compliance with conditions attached to the outline consent this is a ‘reserved matters’ application and has been submitted following a number of discussions with the Council’s planning, highways and housing/public protection departments. The applicant held two ‘community consultation workshops’ during the Masterplan development period aiming to keep the local community informed of progress and to provide an opportunity for members of the local community to input into the scheme. A further public meeting was held in June 2006 to inform the local community of the development proposals.

The A5152 Wrexham Road forms most of the north west boundary of the site. The eastern boundary is formed by the Chester-Wrexham-Shrewsbury rail line and the southern by the Glan yr Afon Brook and two businesses fronting the road leading to Bersham Enterprise Park. Holy Trinity Church and its churchyard, together with an adjoining car park and numbers 93-07 Wrexham road form a group onto Wrexham

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008road and backing onto the site. Two commercial properties and a house opposite the junction to Henblas Road form another group further north east.

The total site area is 20.96 acres (8.48 hectares). The site is relatively level except for the part that falls away towards Glan-yr-Afon brook. This low lying area has been identified as a flood plain by the Environment Agency and totals 1.38 acres (0.58 hectares) and is identified as open space. Additional open space is identified within the proposed residential areas and as a structured landscaped area alongside the railway. There is one large tree on the site, a mature Ash, which is the subject of a Tree Preservation Order. This tree provides significant amenity and has been retained within the scheme as an entrance feature to the main square. A small pond, which dries out in summer, lies at the northeastern end of the site.

Summary of Development: The proposed development includes: 223 residential units including 155 houses and 68 flats split as follows:

- 5 no 5 bed- 80 no 4 bed- 42 no 3 bed- 83 no 2 bed- 13 no 1 bed

55 units as affordable housing ‘pepper potted’ throughout the scheme New community facilities

- Community hall- Café and shops- Extension to existing Pocket Park (north of the Glan yr Afon Brook forming informal open space)- Cycleway link to Erddig Country Park

Signalised junctions onto Wrexham Road Diversion of an existing public footpath Removal of the existing agricultural bridge Contribution towards education facilities

A new pedestrian/cycle link to the Erddig estate has already been approved. It should also be noted that the applicant has submitted two other planning applications in relation to these proposals: one seeks to vary condition 5 of the outline planning consent to allow the installation of signal controlled junctions instead of two roundabouts on Wrexham road (P/2007/0682 refers) and the other seeks planning permission for the development of the community hall, retail store and café (P/2007/0685 refers). Both are reported to this meeting.

The submitted Design Statement provides detail on architectural style, urban design, transport and movement, landscape, ecology, open space, and how issues of sustainability will be met, in particular in the layout, construction techniques and energy and water conservation.

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Plan 2: Masterplan (illustrative purposes only) but showing the initial overall design strategy (A larger plan will be available at the Planning Committee meeting)

To Wrexham

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Principle of development: This scheme has generated a significant amount of local interest, culminating in the Community Poll that took place at the end of January 2008. Of the representations received, the majority object in principle to the site being developed for housing. The majority of those who voted in the Community Poll also voted against the site being developed. The result of the poll in relation to this development is as follows

Proposal For Against

1 Are you for the proposed development by the National Trust of 223 houses on Erddig Grounds, or any other development within the community that is not based on local need?

209 389

Whilst I appreciate there will always be concerns when a large housing development is proposed, the principle of the site being developed is in fact long established. The site is allocated for housing in the adopted Unitary Development Plan and was similarly allocated in the previous Wrexham Maelor Local Plan. The proposal is also in accord with the previously mentioned Council Development Brief for the site. Finally, outline planning permission for residential development was granted in December 2004.

Following three objections to the inclusion of this site for residential development in the Wrexham Unitary Development Plan the Inspector in the Public Local Inquiry stated that:

‘The land is of limited agricultural value. It is conveniently located to the local school, services and public transport and to local employment sources. The land was previously allocated for residential development in the adopted Wrexham Maelor Local Plan (1996), and the Council indicate that there are positive indications from the landowners that the site will shortly be released for development. The affinity of the objection land is with the existing built development of Rhostyllen, and its defensible boundary set by the railway line. It is a sustainable location, close to Wrexham, and will help meet the housing requirement.’

The current application seeks approval for those matters reserved for subsequent approval under the 2004 outline permission and includes full details of the housing development (layout of dwellings, design, landscaping etc). Because this is an application for the approval of reserved matters, the Council should only consider whether the details submitted are acceptable and it is not possible to re-evaluate the principle of development. Nevertheless it is worth noting that because the site is allocated specifically for housing in the UDP its development remains acceptable in principle. Circumstances have not changed since 2004 that would lead me to believe the outcome of the outline planning application would be substantially different were it submitted today.

Affordable Housing: In accordance with Wrexham Unitary Development Policy H7 and Local Planning Guidance Note 28 – Affordable Housing 25% of the units on this site will be affordable homes. The site will provide 55 such homes ‘pepper potted’ throughout the proposed development. Property type and tenure are as follows:

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Property Type Social Rented Shared Ownership3 bedroom 5 person house 4 82 bedroom 4 person house 8 202 bedroom 3 person apartment 6 9Total 18 37

The properties will be sold to Cymdeithas Tai Clwyd (a locally based Registered Social Landlord) at a discounted value to ensure that they are affordable for future occupants. The cost of the social rented properties will be line with average weekly affordable rent levels in Wrexham. Shared ownership is housing let by a long lease to a tenant who owns an initial share of between 25 and 75% of the equity and who pays rent in respect of the remaining share of the equity.

Some objectors have expressed concerns that the percentage of affordable housing to be provided is not high enough, with reference made to other Local Planning Authorities which have policies requiring housing schemes with the majority or all dwellings being affordable. I am unable to comment in detail on the policies of other Local Planning Authorities, however policies differ from one authority to another reflecting specific local circumstances and needs and local authorities are obliged to determine planning applications in accordance with the policies contained in their adopted development plan. The Wrexham UDP states that where there is a proven lack of affordable housing to meet local needs, the Council will negotiate with developers to provide an element of affordable housing in new proposals of 25 dwellings or more (Policy H7 refers). The current element of affordable housing is specified in Local Planning Guidance Note 28 – Affordable Housing, which supplements the policy, and is set at 25% of total site capacity. It is not adopted policy to seek 100% affordable housing on sites within settlement limits and, on the basis of the Wrexham Housing Needs Assessment (2006), such an approach could not currently be justified.

The cost of the social rented properties will be in line with average weekly affordable rent levels in Wrexham e.g. approximately £66 for a 3 bed 5 person house. The shared ownership properties will be sold at around £30,000 for a 50% share for an apartment and £45,000 for a 3 bed house with a rent payable on the other 50% share. Occupants will be given the opportunity to “staircase” their owned share up to 75%.

As part of the application process, Cymdeithas Tai Clwyd will assess the financial circumstances of potential purchasers to ensure that they can afford this level of housing cost, but would not be able to afford to purchase a property on the open market.

The development will, therefore, directly contribute to the aim of the County Borough’s Local Housing Strategy 2007-2012 to develop more good quality affordable housing. The National Trust has worked very closely with both Cymdetithas Tai Clwyd and the Council’s Housing and Public protection department to develop a s106 Agreement to ensure that the properties will remain affordable in perpetuity. It also proposes the following local connection criteria which potential purchaser must satisfy in order to qualify for the scheme:

- Have resided in Esclusham Community Council area (ECCA) for a continuous period of one year

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008- Be in permanent full time employment within the ECCA (not less than 30

hours per week) for a period of 6 months- Have previously resided in ECCA or been in continuous full time employment

in the area (not less than 30 hours per week) for a continuous period of 5 years- Have a family connection with a person who satisfies one of the above

conditions

If no qualifying person is found then the local connection area will be extended to include the adjoining Brynyffynnon, Offa, and Erddig Community Council areas.

If there are still no qualifying persons the area will be extended to include the whole Wrexham County Borough Area before then considering as a final measure anyone in housing need.

Welsh Language/cultural issues: Policy GDP1(j) states that developments should have regard to the need to safeguard those areas that possess a strong Welsh cultural and/or linguistic identity from development that could harm this identity.

Rhostyllen does not have a high number of Welsh speakers, with 2001 census data indicating that 17% of the population of Esclusham ward are Welsh speakers. This compares to wards such as Ponciau, the Ceiriog Valley and Pant (Rhos) where, respectively 40%, 37% and 36% of the populations speak Welsh. I have no reason to conclude that the development will adversely impact upon the linguistic identity of the local community. Even so it is worth noting that national planning policy (Technical Advice Note 20: The Welsh Language – Unitary Development Plans and Planning Control) clearly advises Local Planning Authorities not to discriminate against individuals on the basis of their linguistic ability. Local Planning Authorities are advised not to seek to control housing occupancy on linguistic grounds. Therefore whilst the occupancy of the 25% affordable housing will be controlled it will be on the basis of income/housing need rather than language ability and as detailed earlier.

Scale and Density: The total site area measures 20.96 (8.48) hectares giving a gross density of 26.30 dwellings per hectare. Excluding the structural open space the net density is 30.14 dwellings per hectare. Welsh Assembly Government advises that ‘ … higher density development, including residential development should be encouraged, near public transport nodes, or near corridors well served by public transport … ’ and that‘ … higher densities should be encouraged on easily accessible sites’ (Planning Policy Wales refers). I consider that the figure of 30 dwellings/hectare for this site, adjacent to an existing well-served public transport corridor, is in accord with this advice and maximises the efficient and careful use of land as also identified in the Council’s Local Planning Guidance Note 22 – Sustainable Building. The outline planning consent did not restrict a maximum number of dwellings for the site. In consideration of another large residential site on the edge of Wrexham Town the Inspector in the Public Local Inquiry into the Wrexham Unitary Development Plan stated that it was ‘ … the development of larger sites will enable a range of housing provision and gives a particularly opportunity to develop at a higher density’ and ‘ … provide for a minimum of 30 dwellings/hectare.’I am also mindful of a recent consent for housing at Tudor Court, Rhostyllen, which is being completed at a gross density of 36/hectare and that Esless Park, completed in the 1980’s, has a gross density of 23.2/hectare.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008The potential impact that this development would have upon the village of Rhostyllen was an important consideration when it was first suggested as a possible housing site within the development plan process (see earlier comment on ‘Principle of Development’. It was thought then that the development of this site would have a limited adverse impact upon existing facilities particularly when considering that it is located close to Wrexham town. Pressure upon education facilities has been identified as an issue but this is being addressed by the applicant as discussed later. The development is also providing a number of community facilities (community hall, retail and café units, village squares and public open space with easy links to Erddig Country Park) for the benefit of the whole village and not just the residents of the proposed development. I remain of the opinion that the scale of this development will not have an adverse impact upon the village. The provision of the proposed retail units is also in accord with Wrexham Unitary Development plan policies and not of a scale to erode existing facilities. The detailed layout is designed to include areas where the density is varied, providing a range of house types and apartments and establishing ‘places’ of individual interest.

Sustainable Development: A key objective of the Council is to significantly increase the overall sustainability of development proposals. The submitted design statement has demonstrated that the provisions of Local Planning Guidance Note 22 have been fully addressed in the development with the use of sustainable building principles, preference for locally sourced new and reclaimed materials and embedded renewable energy and water conservation technologies. The Building Research Establishment system for assessing environmental performance in housing (EcoHomes 2006) will be used as a method of assessing compliance with environmental performance standards. It is intended that all houses and flats will achieve an EcoHomes accreditation of 'Very good'. This will more than address the requirements of LPG22 and the Development Brief. Furthermore, an average density of approx. 30 units / hectare demonstrates an efficient use of land, whilst still maintaining a high standard of design. A sustainable Urban Drainage System (SUDS) will be incorporated into the proposed scheme to manage storm water drainage and, as far as possible, retain natural ‘greenfield’ drainage patterns. An acceptable SUDS Strategy has been submitted with a key priority to ensure that any water discharged into the natural watercourses is of a high quality and free from pollutants.

Design and Amenity: Following detailed discussions and a number of meetings with the Council amended details have been submitted which have addressed most issues. A principal aim of the development is to minimise the presence of vehicles on site. In most areas this involves siting the residential units close to the pavement with parking courts to the rear. The major streets converge on the two main public squares, one that opens off Wrexham Road and includes a café and shops, and the other that splays out from the community hall to face the Pocket Park. One end of each of the two squares is closed by a public building, the community hall, which becomes the centrepiece of the development. Minor streets lead from the major streets, connecting back to Wrexham Road. The community hall is a well designed feature building. Floor to ceiling heights are nearly twice those of the houses.

I consider that the scheme integrates well with the existing village. Despite its location on the other side of Wrexham Road there are sufficient vehicular and , more importantly safe pedestrian and cycle, links across this main road. For pedestrians

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008and cyclists there are a total of three separate crossings in addition to the two identified in at the traffic signal controlled junctions.New buildings along Wrexham Road, particularly to the southwest, reflect the form and type of existing buildings on the other side of the road – they are terraced and mainly brick in response to the late Victorian/early 20th century terraces. The proposed range of house types are of varying size and height creating less predictable and visually interesting street frontages.

In the majority of instances the proposed layout fully meets the Council’s adopted separation standards (Local Planning Guidance Note 21 – Space around Dwellings refers) ensuring adequate privacy is maintained throughout the development and in relation to existing dwellings on the other side of Wrexham Road. Where the distances are shorter (in only two locations) these are supported within the design statement. The scheme is of modern urban design with dwellings terraced, linked or detached to maintain a continuous building frontage to the street.

Highways: New vehicular access is provided from Wrexham Road by major streets from the crossroads formed at Eldon Grove and from a T junction close to Church street crossroads. These major streets connect to minor streets , squares and lanes that serve the development. Traffic calming measures, footpaths and cycleways have been integrated within the development. These links are supported by the frequent bus services along Wrexham Road between Wrexham and surrounding villages with additional services to Oswestry and Llangollen. None of the three bus stops within the site frontage has a shelter for passengers – I have conditioned the submission of further details for the replacement bus stop facilities. A public footpath crosses the site from Wrexham Road near Church Street to a pedestrian level crossing on the railway line. Following discussions with Network Rail the applicant has consent to divert this footpath under the bridge on the side of Glan yr Afon Brook and links it to the recently approved cycleway and footpath link to Erddig Estate. In general, parking areas are provided to the rear of development blocks with some additional on street and visitor parking.

Wrexham Road - at the time of submission and the granting of outline planning consent in 2004 the detailed form of development was not known but similarities were identified between this development site and the Holt Road development. Consequently, a condition requiring that access be provided by means of roundabouts was agreed. As details of the development progressed it became apparent that traffic signal control of the main point of access would be more appropriate. This development has the potential to generate significant numbers of pedestrian movements and it is considered that traffic signal control (at the two junctions and three ‘Puffin’ controlled crossings) will provide greater safety for pedestrians crossing the road. Apart from control of traffic at the junction, traffic signals in the form of puffin crossings can also be utilised to provide designated crossing points along the road. The submitted plans demonstrate an intention to use a zebra crossing in two locations. Current DfT / National assembly advice indicates that signalised pedestrian crossings and zebra crossings should not be mixed and all installations should be the same style. The design of the traffic light controlled junctions at Chapel Street and Eldon Grove and the Henblas Street realignment with Wrexham Road need further agreement. These are not matters that result in a highway objection and the details can be conditioned for further submission and approval.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Proposed layout - is designed with the new Manual for Streets (MfS) document firmly in mind [Manual for Streets (2007) complements Planning Policy Wales and comprises technical guidance in the design of lightly-trafficked residential streets in new development]. MfS recognises that driver behaviour is not fixed; rather, that it can be influenced by the environment. It addresses issues of visibility and design, and revises key geometric design criteria. Much of the initial concern over the layout of the development has been addressed through resubmission of further plans. There is a need to provide a pedestrian route through the Church car park to the site from Wrexham Road and I have attached an appropriate condition.

Future maintenance - discussions have also taken place regarding the provision of a commuted sum in lieu of future maintenance of the proposed highways within the proposed scheme. A figure of £88,200 has been proposed. It is the Highway Authority opinion that the type of surfacing being proposed is more costly to replace than standard construction materials and that the commuted sum is essential if we are to accept on going liability for the site. I would therefore anticipate that further agreement is required on the amount the Highway Authority requires in lieu of future maintenance.

Parking - there is a shortfall in parking provision across the site. The car parking standards within Local Planning Guidance Note 16 are maximum standards. In comparison to these maximum standards there is a shortfall in parking provision across the site. There appears to be a shortfall of one space per dwelling for the vast majority of the 2 and 3 bed dwellings. Most of the 4 bed properties appear to provide adequate off road provision. I estimate that Local Planning Guidance Note maximum standards require the provision of 603 residential parking spaces. 470 spaces are provided. This represents a 22% shortfall.Recent Welsh assembly appeal decisions do however indicate that this level of parking provision is acceptable with planning inspectors determining that such provision conforms to national policies in Planning Policy Wales. Two such examples are:

Granny Midges, Watery Road, Wrexham. – 46% shortfall. The Inspector commented:‘.. due to its favourable and well served location, it might be seen by prospective occupiers as a place where private car ownership is not an essential requirement. This would align with sustainable transport initiatives to discourage the use of the private car. Therefore I consider the level of parking provision would be adequate…’

Redrow, Mold Road, Gwersyllt – 36% shortfall on residential apartments. The Inspector commented: ‘ ..the site is highly sustainable in a number of respects. There is a good choice of public transport. Bus services are frequent with stops within easy walking distance. A footpath cycleway has been provided past the site, there is a good variety of local facilities and services in Gwersyllt. Coupled with the fact that they are proposed at the closest point of connectivity with public transport and local services there is much to support a reduction in parking for the apartments for the maximum stipulated.

In encouraging higher densities Welsh Assembly Government advises that local planning authorities should adopt a flexible approach to parking standards (Planning Policy Wales refers). The Council’s Guidance Note goes on to state that where the developer is not providing the maximum they should demonstrate how the shortfall

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008would be catered for. Consequently the applicant has submitted a travel plan in lieu of this shortfall. The Plan has been externally assessed on the Council’s behalf by the North Wales Regional Travel Plan Co-ordinator and following further discussion the applicant has agreed to provide additional information. It is accepted that reduced parking can serve as a measure to promote and secure the use of alternative transport and, together with an approved Travel Plan, establish a sustainable development. The Travel Plan refers to travel packs, improved bus facilities, making contact with public transport operators, provision of cycle facilities and management issues. I have conditioned that the resubmitted Travel Plan further detail clear measures to ensure that alternative modes of transport are available and encouraged, and that these will be implemented and overseen by the management company/warden.

External links – the site is well served with several controlled pedestrian and cycle crossings over Wrexham Road which enables easy and safe access to the remainder of the village and existing facilities. As mentioned earlier, the continuation of the Council’s Pocket Park into the new development north of Glan yr Afon Brook not only provides attractive informal open space but affords easy access for both walkers and cyclists to countryside to the south of the brook and to Erddig Estate. As part of the outline permission on this site, the developer was expected to contribute to off site improvements on the Esless Lane link to Clywedog School, to improve safety of school children. The Council designed Safe Routes to School Scheme in 2006 in respect of this route details work for this link to include street lighting, bridge improvements and footpath surfacing at a current cost of £60000.

S106 agreement – I consider that the above highway financial contributions (improvements to the Esless Lane link and contribution towards future maintenance) should be incorporated within a s106 agreement together with identifying the responsibilities of the management company/warden in implementing and ongoing management and monitoring of the Travel Plan.

Landscape: The site is predominantly improved pasture bounded by an agricultural hedge along its boundary with Wrexham Road. There is an existing Ash tree subject to a Tree Preservation Order close to Wrexham Road and a small pond with limited vegetation. Located off site and in the grounds of the church are mature chestnut and lime trees which offer a significant visual contribution from within and outside the site. As the site falls away to Glan-yr-Afon Brook there are remnants of hedgerows that have become overgrown. The most significant area of vegetation is the existing Council owned Pocket Park to the immediate south of the brook. Although outside the site boundary the trees and undergrowth make a major contribution to the rural character and ecological value of the site.

The landscape concept includes a variety of linked spaces within the residential area and a larger open area forming a new extension to the existing Pocket Park, which encompasses the flood plain area adjoining Glan-yr-Afon Brook. This informal open space will be linked by footbridges to the existing Pocket Park on the opposite side of the brook. A tree belt is proposed alongside the railway line to act as a screen and partial noise buffer between the built development and the railway line. It will also act as a wildlife corridor. This tree belt will also reinforce the existing tree belt on the opposite side of the railway that screens Rhostyllen from Erddig Hall. The submitted Masterplan and Landscape Strategy show the retention of most of the existing vegetation apart from the hedge alongside Wrexham Road. I consider that the landscape proposals, supported by a design code, are of high quality.

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I have conditioned the submission of a detailed landscape scheme for the site together with details of boundary treatment and use of surface materials to define private and semi-private space. A Management Company will be established to be responsible for overseeing the implementation of the Management Plan and to maintain in perpetuity, all of the public realm areas within the residential development including the river corridor together with areas of formal and informal open space. Until the Management Company is set up the developer will be responsible for the ongoing management of the site. In addition, I have also attached a condition to set the framework for how the landscape scheme would be implemented and maintained in a phased way to reflect any phased development of the built site elements. It is also important to exclude construction works from the existing and new Pocket Park.Only a detailed specification of ground preparation and how the area would be reinstated to a wildflower meadow (by condition) could provide an alternative appropriate approach.

Ecology: The majority of the site is improved grassland although there is a small area of unimproved grassland within the floodplain adjacent to Glan yr Afon Brook. There is a pond in the northeastern end of the site which dries out in summer. The applicant undertook an updated ecological appraisal of the site including an Amphibian Assessment. No GCNs are present and the pond is unsuitable as a habitat. No indications were found that Water Voles are resident within the area of Glan yr Afon Brook or use it regularly. The Brook and its adjoining floodplain, including the mature hawthorns and area of more species-rich grassland will be retained intact, safeguarded from development and managed for biodiversity as well as amenity purposes. No outlying badger setts are present and no evidence found to suggest that the site forms a prime breeding area. The proposed open spaces will be interconnected with the adjoining countryside of Erddig Estate providing wildlife corridors. The Countryside Council for Wales has no objections to the proposed development. I have attached appropriate conditions to ensure that: the proposed SUDS scheme includes retention ponds; certain mitigation compensation measures are in place during construction and an ecological management plan is submitted and approved detailing any existing and proposed feature/habitat will be managed for nature conservation purposes.

Education: In accord with Local Planning Guidance Note 27 – Developer Contributions to Schools an appropriate condition is attached to the existing outline planning consent to ensure that consideration is given to any possible shortfall in education facilities within the locality resulting from the development proposal. Advice received from the Council’s education department confirms that, if consent is granted for the proposed development, there would be an overall shortfall of 33 class spaces. Therefore, a ‘developer’s contribution’ is required for the provision of a new classroom and associated infrastructure specifically for Rhostyllen County Primary School. The cost of such provision has been identified as £229,320 as agreed with the applicant and the Council as local education authority. The sum and payment will be secured through a s106 agreement.

Public Open Space: In accord with Wrexham UDP Policy CLF5 and Local Planning Guidance Note 10 – Public Open Space in New Housing Development, a development of 223 units would need to provide 1.78ha of POS. The proposed development provides for 1.69 hectares of open space. A proportion of this

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008requirement has been provided by using the land north of Glan yr Afon Brook as informal open space, a proportion of which is within the floodplain; a principle recognised earlier within the Council approved Wrexham Road, Rhostyllen Development Brief. The development’s Masterplan has been designed to incorporate the existing, Council owned Pocket Park, into the scheme substantially extended with the addition of the flood plain area on the site’s side of Glan yr Afon Brook as part of the Park and providing informal open space, extending the footpath system over the brook with pedestrian bridges to improve access. The remainder of the open space provision includes 2 play areas, a number of greens together with more informal open space (particularly alongside the railway), which takes into account biodiversity through the provision of wildlife corridors and grassland habitats, and is well integrated within the development, therefore it is in accordance with policies CLF5 and EC6. As mentioned above the developers intend that the open spaces within the site will be managed by a management company. They are not asking the Council to adopt any of the open space areas.

Drainage: A Sustainable Urban Drainage Scheme (SUDS) will be incorporated within the scheme to manage surface water, particularly stormwater. In accord with Planning Policy Wales Technical Advice Note 15: Flood Risk, the scheme will ensure that surface water generated from new impermeable surfaces are limited to equivalent Greenfield rate for the site. I have conditioned that a detailed SUDS scheme be submitted for approval and implemented throughout the proposed development. Houses with gardens will be provided with rainwater butts for garden watering and for reducing storm water runoff. Permeable hard surfaces will be used wherever possible to reduce storm water runoff.

Designing out Crime: The development proposal has considered the Council’s guidance given in Local Planning Guidance Note 24 - Designing out Crime. The developer has had several meetings with the Council’s Local Architectural Liaison Officer to discuss the scheme and also with Tai Clwyd Housing association in respect of the affordable housing units. Following these discussions and subsequent amendments to the scheme I am satisfied that the layout is now designed in accord with best practice and the Council’s guidance thereby achieving a safer and higher quality environment.

Noise /Air/Dust: The development site is in close proximity to the A5152 and the Wrexham – Oswestry railway line. It is therefore likely that the development will be exposed to increased noise levels. The applicant undertook a TAN 11 Noise Assessment Report to assess the likely noise impacts for the proposed development resulting from traffic and train noise. As a result the properties close to Wrexham Road and the railway have been designed to ensure acceptable noise levels internally. I have also added a condition to ensure that the noise mitigation measures as detailed in Section 7.0 of the SRL Technical Report (dated February 2006) are implemented in full throughout the proposed development. An Air Quality Assessment was also undertaken to look at the transportation and engineering elements of the development particularly again in relation to the A5152 Wrexham Road. It concluded that the predicted concentrations are below statutory air quality objectives and considered that air quality should not be a barrier to the proposed development. The report also attempts to address the issue of dust management and suggests a number of dust

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008suppression methods. Nevertheless, I have conditioned the further submission of a Dust Management Scheme to establish detailed proposed mitigation measures.

Local community objections: Members are reminded applications for planning permission shall be determined in accordance with the development plan unless material considerations indicate otherwise. In Wrexham's case the development plan is the adopted Unitary Development Plan. Material considerations must relate to genuine planning matters and must also be fairly and reasonably related to the development concerned.

Planning Policy Wales (2002) recognises that the relevant views of neighbouring occupiers, local residents and any other third parties must be taken into account in the determination of planning applications. Paragraph 4.1.8 of Planning Policy Wales says:

‘When determining planning applications local planning authorities must take into account any relevant view on planning matters expressed by neighbouring occupiers, local residents and any other third parties. While the substance of local views must be considered, the duty is to decide each case on its planning merits. As a general principle, local opposition or support for a proposal is not, on its own, a reasonable ground for refusing or granting a planning permission; objections, or support, must be based on valid planning considerations. There may be cases where the development proposed may give rise to public concern. The courts have held that perceived fears of the public are a material planning consideration that should be taken into account in determining whether a proposed development would affect the amenity of an area and could amount to a good reason for a refusal of planning permission. It is for the local planning authority to decide whether, upon the facts of the particular case, the perceived fears are of such limited weight that a refusal of planning permission on those grounds would be unreasonable.’

Conclusion: I understand the level of opposition from the local community and I have considered the comments made in my deliberations upon the proposal. However, the objections to the principle of development cannot override the fact that the site:

- has been identified for residential use in various development plans from as far back as the mid 1990s;

- is currently an allocated site as shown in the adopted Wrexham Unitary Development Plan

- the subject of an approved Development Brief and- was given outline planning consent in 2004.

It must be remembered that this is a reserved matters application with the principle of residential development having already been established.

Pre-application consultation with the local community took place in an attempt by the applicant to inform and involve the local community. A number of meetings were held with the relevant departments of Wrexham County Borough Council to identify the issues relating to the development of the site and ensure that these would be addressed within the submission.

I consider that the end result is a scheme that is well integrated with the existing village, is a best practice layout reflecting the most current guidance employed in

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008urban design and has met WAG guidance in that the ‘ … design of housing should be to establish a sense of place and community, with the movement network used to enhance these qualities’ and that ‘ … the layout and built form should reflect local context, including topography and building fabric’ (Planning Policy Wales Technical Advice Note 12: Design refers). Particular care has been given to where and how cars are parked to improve the quality of the development resulting in a scheme with streets for people rather than vehicles.

I consider that the proposal, with the satisfactory adherence to the attached conditions, will be in accord with Wrexham Unitary Development Plan Policies and Local Planning Guidance.

RECOMMENDATION A

That the Council and/or applicant enter into an obligation under Section 106 of the Town and Country Planning Act 1990, requiring: That 55 plots (plots to be agreed) are secured as affordable housing in perpetuity.

The affordable housing shall be for a mix of tenures and shared ownership via an approved registered social landlord. Persons granted shared ownership should meet the appropriate criteria for shared ownership. Priority shall be given to applicants who already feature on the Council or Registered Social Landlord waiting list who can be defined as ‘local’ in the context of the site.

The establishment of a management company to ensure the future maintenance of all public open space, landscape features and areas of ecological importance

The payment of £229,320 as developer’s contribution to the shortfall in education facilities

The payment of £60,000 to contribute to improvements on the Esless Lane link to Clywedog School

The payment of £88,200 as commuted sum in lieu of future maintenance of the proposed adoptable highways

That the Chief Planning Officer is given delegated authority to determine the final form and content of the obligation.

RECOMMENDATION B

That the reserved matters be approved on completion of the obligation subject to the following conditions:

CONDITION(S)

1. The development hereby approved shall be commenced before 06/12/2009.2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.4. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no gate, fence, wall or other means of enclosure shall be erected, constructed or placed in front of the forward most part of the dwelling fronting onto the highway.6. The estate roads and footways shall be progressively constructed to base coat standard from the junction with the adjacent highways across the frontage of each plot prior to occupation of the building erected thereon.7. The detailed layout design, drainage and construction of the internal estate roads shall be submitted to and approved by the Local Planning Authority in consultation with the Highway authority prior to the commencement of any site works.8. Prior to commencement of development, a scheme demonstrating appropriate traffic signal controlled junctions and puffin crossing points on Wrexham Road shall be submitted for the further approval of the Local Planning Authority. The scheme as agreed shall be implemented prior to occupation of the first dwelling.9. Prior to commencement of development, a scheme demonstrating improvements to the Henblas Street junction with Wrexham Road shall be submitted for the further approval of the Local Planning Authority. The scheme as agreed shall be implemented prior to occupation of the first dwelling.10. Prior to commencement of development, a scheme demonstrating improvements to the Chapel Street junction with Wrexham Road shall be submitted for the further approval of the Local Planning Authority. The scheme as agreed shall be implemented prior to occupation of the first dwelling.11. Prior to commencement of development, a revised Travel Plan shall be submitted for the further approval of the Local Planning Authority. Any agreed proposals shall be implemented in accordance with a timescale to be further approved.12. Full details of a pedestrian link from the proposed development site to the exusting church car park shall be submitted for the approval of the Loacl Planning authority. Such details as agreed shall be imlemented to an agreed timescale and retained thereafter.13. Prior to any development commencing on site, a scheme of improvements to bus stop facilities shall be submitted for the further approval of the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of the first dwelling.14. The communal parking areas shown on the improved plans shall be laid out, surfaced and drained prior to each phase of development being occupied and shall thereafter be avaible at all times, retained free of all obstructions.15. Prior to the commencement of development, details of all street lighting and street furniture shall be submitted to and agreed in writing with the Local planning Authority. The agreed scheme shall be implemented strictly in accordance with the approved scheme.16. The private garages shown on the approved plans shall be retained for the use of private vehicle parking of the residents only and the front elevation thereto shall not be altered without prior planning permission.17. No development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the local planning

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of sustainable drainage systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment provided to the local planning authority. Where a SuDS scheme is to be implemented, the submitted details shall:(i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters;(ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and,(iii) Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority of statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.The scheme as approved shall be implemented in accordance with a timescscale to be agreed as part of the submitted details and maintained thereafter.18. No part of the development hereby permitted shall be commenced until full details of existing trees, shrubs and hedges to be retained are indicated on a plan, with the extent and specification of protective fencing, has been submitted to and approved in writing by the Local Planning Authority.All vegetation indicated on this plan to be retained, shall not be cut down, grubbed out, lopped or uprooted without the previous written permission of the Local Planning Authority. Any tree, shrubs or hedges removed without such permission, or being severely damaged or diseased within three years of the date of occupation of the development for its permitted use shall be replaced with trees, shrubs and hedging plants of such a size and species as may be agreed with the Local Planning Authority.19. The erection of fencing for the protection of trees and shrubs shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority.20. The erection of fencing for the protection of the existing and new pocket park shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of a scaffold framework in accordance with Figure 2 of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to resist impacts, with vertical tubes spaced at a maximum interval of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the full extent of the pocket park. Nothing shall be stored or placed in any area fenced and no construction activity is to be permitted within this area, in accordance with this condition without the written permission of the Local Planning Authority.21. No part of the development hereby permitted shall be commenced until full details of hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The proposals are to implement

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008the range, character and quality of materials within the approved Design Code for the site.22. No part of the development hereby permitted shall be commenced until phasing proposals for site development have been submitted to and approved in writing by the Local Planning Authority. The plan is to indicate the extent of all hard and soft landscape works, which are associated with each development phase, and include phasing of all private, public open space and public realm areas. All hard and soft landscape works shall be implemented in advance of the occupation of any part of each associated phase.23. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of similar size and species to those originally required to be planted; and no planting shall be removed after that five year period, unless otherwise approved in writing by the Local Planning Authority.24. No part of the development hereby permitted shall be commenced until a detailed landscape management plan for all hard and soft areas, within public open space and public realm, have been submitted to and approved in writing by the Local Planning Authority.25. No development shall take place until details of earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed and showing the relationship of proposed mounding to existing vegetation and surrounding landform. Details of soil stripping, storage and replacement shall be included where appropriate. Development shall be carried out in accordance with the approved details.26. Before development commences, a ecological management plan for the site including timescales for implementation shall be submitted to and approved by the Local Planning Authority. The management plan shall detail any feature/habitat that will be managed for nature conservation purposes by way of description and prescription. It shall also include monitoring work and recommendations for habitat and species enhancement.27. Before development commences, an ecological method statement shall be submitted to and approved by the Local Planning Authority. It shall detail the full extent of the works and proposed mitigation compensation measures, and shall be implemented to agreed timescales.28. Wildlife friendly kerb stones and gully pots shall be provided to safeguard amphibians from harm through incidental capture.29. Before beginning work, the contractor shall contact the Chief Planning Officer giving him seven days notice of a meeting on site to review all work procedures, access routes, storage areas and tree protection measures. Development shall be carried out in strict accordance with the agreed measures.30. Noise mitigation measures as detailed in Section 7 of the SRL Technical Report (Report Number C/05/6W/1578/R01/PVCS/jsc) shall be implemented in full prior to the occupation of each individual unit.31. Prior to the commencement of development, a Dust Management Scheme shall be submitted for the approval of the Local Planning Authority. In addition to dust mitigation measures, the scheme shall establish a procedure in order to effectively respond to any dust complaints that may be received. The procedure shall allow for an assessment of the source of dust of cocern and a review of mitigation

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008measures as appropriate. The approved scheme shall operate for the duration of the construction phase.32. Foul water and surface water discharges shall only be drained separately from the site33. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.34. No land drainage run-off shall be permitted, either or in directly, to discharge into the public sewerage system.35. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order the work spaces in house types Rhos J(a), Rhos J(b) and Rhos K shall only be used for B1a uses unless the prior written approval of the Local Planning Authority is obtained for any other use. For the avoidance of doubt, the work spaces shall not be used for residential purposes.36. The work spaces in house types Rhos J(a), Rhos J(b) and Rhos K shall only be used by persons residing in those properties. For the avoidance of doubt, no other persons shall be employed in the premises without the further written approval of the Local Planning Authority.

REASON(S)

1. To comply with Section 92 of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. 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.5. 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.6. In the interests of highway safety.7. To ensure the estate roads are built to a standard suitable for adoption.8. In the interests of highway safety9. In the interests of highway safety.10. In the interests of highway safety11. To ensure that the reduced level of proposed parking does not have a detrimental impact on the highway12. In the interests of pedestrian accessibility13. To ensure the provision of an adequate bus service infrastructure.14. In the interests of highway safety.15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.16. To ensure adequate parking provision for the development.17. To ensure proper drainage of the site.18. To ensure the retention of existing trees, shrubs and hedges, which are of significant value to the site.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200819. To protect existing trees, shrubs and hedges which are of significant value to the site.20. To safeguard the area of existing and new pocket park from construction activity.21. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.22. To ensure the proper implementation of the landscape scheme as the development of the site progresses.23. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.24. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.25. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.26. To ensure that the features identified as having wildlife importance are protected and maintained in the long term.27. To ensure that the features identified as having wildlife importance are protected and maintained in the long term.28. To protect protected species.29. To ensure that the works on the site properly take account of the future health of the trees.30. To protect the amenities of the occupiers.31. To protect the amenities of adjoining occupiers.32. To protect the integrity of the public sewerage system.33. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.34. To prevent hydraulic overload of the public sewerage system and pollution of the environment.35. In the interest of amenity and in order to ensure the retention of the workspaces.36. In the interest of amenity and highway safety


You are advised that the planning permission hereby granted does not authorise any building over, diversion, connection or other interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, PO Box 10, Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any groundwork in connection with the development. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice with regard to the submission of amended plans and / or a new planning application.

The scheme of landscaping referred to in the above conditions shall inlcude any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. In addition, any of the following which apply to the particular site must be included:-means of enclosure, car parking layout, access and circulation areas, materials for hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008equipment) location of services, and any historic landscape features to be retained/improved.

Regarding a connection to the public sewerage system you are advised to contact Dwr Cymru welsh Water's Network Development consultants on tel no 01443 331155.

Any new roads serving more than five dwellings should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under section 38 of the Highways Act 1980 so that the new road can be adopted for maintenance at the public expense.

All works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 0730 hours to 1930 hours Monday to Friday, between 0800 hours to 1400 hours on Saturdays and at no time on Sundays and Bank Holidays.

The Council has the option to control site construction noise by means of a Control of Pollution Act 1974 section 60- Notice, where deemed necessary.

There shall be no fires on the site, to include the prohibition of the burning of cleared vegetation.You are advised that the Council has the power to control construction site noise by means of a Control of pollution Act 1974, Section 60, Notice, where deemed necessary.

Noise - D1, A1 &A3 uses - the rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by no more than 3 dB(A). The noise levels shall be determined at the nearest noise sensitive premises. Measurements and assessments shall be made in accordance with BS4142:1997 "Method of Rating Industrial Noise Affecting Mixed Residential and Industrial Areas".

The premises are required to comply with relevant Food Hygiene Legislation. You are advised to contact the Chief Housing and Public Health Officer for advice on these matters.

Any works (including temporary works) in, under, over or adjacent to any watercourse may require the formal consent of the Environment Agency prior to works commencing. In accordance with the Agency's "no-culverting" policy, consent for culverting will only normally be granted for site access purposes.

Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990.

The activity of importing waste into the site for use as, for example hardcore, must be registered by the Environment Agency Wales as an exempt activity under the Waste Management Licencing Regulations 1994

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Cycle /pedestrian barriers are required at various locations near the Wrexham Road. These can be further agreed under the Section 38 agreement.

The applicants attention should be drawn to the following Highway Supplementary Notes 1 to 9 on the enclosed 'Applicant's Rights and General Information'.

Carriers transporting waste from the site must be registered waste carriers.

If controlled wastes are to be utilised for construction purposes the developer must register the activity with the Environment Agency Wales. The duty of care Regulations apply to all movements of controlled waste.

The developer should adopt all appropriate pollution control measures, both underground and on the surface, to ensure that the integrity of the aquatic environment, both groundwater and surface water, is assured.

Only clean surface water from roofs and paved areas should be discharged to any soakaway.

All facilities for the storage of liquids must be in double skinned containers or secure bunded containers and in all cases must be stored a minimum of 10 metres away from surface water drainage points.

This site lies within the designated River Dee Water Protection Zone. The storage or use of controlled substances at the site may require the formal consent of the Environment Agency Wales, under the Water Resources Act 1991. Further guidance regarding this requirement is contained in Guidance Note Dee WPZ1. It is the developer's responsibility to ensure that this matter is discussed with the Agency.

The development is adjacent to a garage, therefore, if evidence of hydrocarbons are found during the development then it would be prudent to investigate the contamination and you contact the Public Protection department of the Council on 01978 297041.

On completion of the developer you are advised to submit an application to Dwr Cymru Welsh water for the adoption of the sewers that by their construction and layout should be deemed 'Public Sewer'._____________________________________________________________________

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COMMUNITY:Brymbo

WARD:Brymbo

LOCATION: Land adjacent to Bryn Derfel St Albans Road Tanyfron Wrexham

DESCRIPTION:Erection of 1 no. detached two storey dwelling.

APPLICANT(S) NAME:Mr G Hughes


CASE OFFICER: SEH

AGENT NAME:Plot 2 Design LtdMr Paul Tulk

_____________________________________________________________________THE SITE

A sloping site located on land adjacent to Bryn Derfyl, Church View, Tanyfron.

PROPOSAL

As above.

RELEVANT HISTORY

P/2004/1371 Outline application for residential development (1 no dwelling) Approved 04.07.05

P/2002/0646 Outline application for residential development (1 no dwelling) Refused 10.09.02

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Page No 44


DEVELOPMENT PLAN

Within settlement limit. UDP Policies PS1, PS2, GDP1, H2 and T8, and Local Planning Guidance Notes 16 – Parking Standards and 21 – Space around Dwellings relevant

CONSULTATIONS

Community Council: Re-consulted 18.02.2008Local Member: Re-consulted 18.02.2008Public Protection: No objections - advisory notes.Highways: No objections subject to recommended conditions. Env Agency: No objections - advisory notes.Welsh Water: No objections subject to recommended conditionsAccess Group: Notified 01.08.2007Site Notice: Expired 31.09.07Other Representations: Re-notified 18.02.2008


Background: This proposal was reported to planning committee in January 2008 with a recommendation for approval following expiration of the consultation period. Prior to determination, further amended plans have been received for consideration. Additional details have been received in relation to land levels and the design of the dwelling has been altered slightly. The main issues to consider relate to the impact upon local residential amenity and the visual impact of development.

Design and Residential Amenity: The design of the dwelling has been amended to allow the building to be more in keeping with the surrounding properties.

The proposed dwelling has been situated within the site allowing for access to the rear of the property, and adequate private garden space has been provided. Appropriate boundary treatments have been proposed to ensure that there are no issues of overlooking into the habitable room windows or private garden areas of the surrounding properties, and daylight to these properties is not affected to a significant level. That said the proposal accords with the council's guidance on space around dwellings.

The finished floor levels have now been submitted to show how the dwelling will fit into the streetscene and the extent of the change in ground levels to the rear of the property.

Highways: The proposed site is situated on an unclassified road which is subject to a 30 mph speed limit. A footpath link runs along the northern boundary of the site. Adequate on-site parking provision has been catered for, and the proposed widening of the existing access is acceptable.

Conclusion: The proposal is acceptable as being in accordance with local planning policy and the development would make a positive contribution to the area.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008RECOMMENDATION That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. The development shall only be carried out in accordance with the amended plan(s).4. No gates shall be erected at the proposed new access point within 5 metres of the highway boundary.5. Prior to the first use of development, the access shall be paved using hardbound materials for a minimum distance of 5 metres behind the highway boundary.6. The parking spaces as indicated on the approved plan shall be fully implemented prior to first use of the development, and shall thereafter be retained free of all obstruction and made available for the parking of vehicles at all times.7. The existing dropped vehicular crossing shall be widened to accommodate the proposed widened access.8. There must be no discharge of surface water to the combined sewer system.9. All foul drainage should be directed to a foul sewerage system and all surface water drainage to a surface water system unless otherwise agreed by the Local Planning Authority.10. No land drainage run-off shall be permitted, either directly or indirectly, to discharge into the public sewerage system.11. A scheme showing all boundary treatments (minimum 1.8 metre high close boarded fencing to the east and west) shall be submitted to and approved, in writing, by the Local Planning Authority, and such details shall be fully implemented prior to first occupation of the site.12. The development shall be carried out in strict accordance with the finished floor levels as shown on the approved plan.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. 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 and to ensure that no deleterious material is carried onto the highway.6. In the interests of highway safety.7. In the interests of pedestrian safety.8. There is insufficient capacity in the existing system to cater for additional surface water flow.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 20089. To ensure the proper drainage of the site and to minimise the risk of pollution10. To ensure the proper drainage of the site and to minimise the risk of pollution11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.12. To protect the amenities of the occupiers of nearby properties.


If a connection is required to the main sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.

All ancillary operations and the use of plant and machinery, which are audible at the boundary, shall be carried out only between 0730 hours to 1930 hours Monday to Friday, between 0800 hours and 1400 hours on Saturdays and at no time on Sundays and Bank Holidays.

There shall be no fires on site; to include the prohibition of the burning of cleared vegetation.

A suitable dust management scheme shall be implemented on site to prevent dust nuisance from arising.

Plans detailing the proposed foul drainage layout should be submitted to the Housing and Public Protection Department._____________________________________________________________________

Page No 47



COMMUNITY:Glyntrian

WARD:Ceiriog Valley

LOCATION:Land adjacent to Cattle Finishing Unit Tyn Y Mynydd Pontfadog Llangollen

DESCRIPTION:Outline application for erection of new farm house.

APPLICANT(S) NAME: Malcolm Evans


CASE OFFICER: MP

AGENT NAME:John Pugh

_____________________________________________________________________SITE

The application site is located next to an existing agricultural building (permission granted in 2004 for this building – see history) approximately 1 km to the north of Dolywern. The main farm complex is located on the edge of Pontfadog some 3km away (by road).

PROPOSAL

The farm business utilises land adjoining the farm house located at Tan Y Garth in Pontfadog, at Tyn Y Mynydd near Dolywern as well as near the village of Weston Rhyn in Shropshire. This is an outline application for the erection of an agricultural workers dwelling on land at Tyn Mynydd. All matters are reserved for subsequent approval.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008HISTORY

P/2004/0437 Erection of farm building. Granted 28.6.2004

DEVELOPMENT PLAN

Outside settlement & in Special Landscape Area. Policies PS1, PS2, GDP1, EC5 & H5 apply.

CONSULTATIONS

Community Council: Notified 17.7.07Local Member: Requested application is reported to committee.Highways: Recommend planning conditions requiring adequate

provision for parking, turning and visibility to be provided.

Environment Agency: The proposal has low environmental risk.Welsh Water: No comments as private drainage facilities are

proposed. No objections to septic tank and soakaway drains provided they are suitable. Recommend percolation test to be carried out to establish if ground conditions are suitable for soakaway drains.

Public Protection: Advise site to be investigated for contamination if evidence of storage or spillage of agro-chemicals found on site.

CCW: No comments.Other representations: Nearby occupiers notified 19.9.07Site Notice: Expired 11.10.2007 SPECIAL CONSIDERATIONS

Policy: The site lies outside a settlement limit and in accordance with adopted local and national policies, there would normally be a presumption against permitting the erection of new dwellings at this site. National planning policy, through Ministerial Interim Policy Statement 01/2006 (Housing) and supplemented by Technical Advice Note 6 (Agricultural and Rural Development), as well as U D P Policy H5 does make provision for the erection of dwellings where there is a clear and justified need for an agricultural worker to be housed at or close to their place of work. On the basis of the application and supporting documentation submitted it is within this policy framework the proposals have been considered.

Functional requirement for dwelling: The applicant has provided an agricultural appraisal prepared by ADAS and this concludes that it is essential that two workers are resident on the holding. I have sought advice on this appraisal from the Council’s Senior Valuer whose conclusions are:i) Expenditure of a steel portal framed agricultural three years ago demonstrates

a long term commitment to the business;ii) The Tan Y Garth Homestead is farm from ideal, being too close to the village

with traditional farm buildings in poor state of repair and unsuitable for modern methods of farming.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008iii) Labour requirements justify having 2.9 full time workers;iv) The business is established on a sound financial footing.

On the basis of the above I have no reason to question the viability of the enterprise or the need for two full workers to enable the business to operate effectively. Nevertheless I am not convinced this translates into adequate justification for the erection of an entirely new dwelling. The current business is run by a father and son who both reside in a two bedroom bungalow at Tan Y Garth Farm. Although considered by the applicants to be unsuitable for their current needs, the dwelling at Tan Y Garth does nevertheless provides accommodation for the two workers the ADAS report advises are essential to the operation of the business.

From the information provided it appears that the principal reason for there being ‘need’ for the new dwelling arises is because the farmer’s son wishes to move out of the family home to live with his partner. Paragraph 47 of TAN6 advises that in considering proposals for new agricultural workers dwellings, it is the requirements of the enterprise rather than that of the owner or occupier that should be taken into account. In making planning decisions, whilst personal circumstances are a material consideration, they rarely outweigh other planning considerations. In my opinion the applicant’s personal circumstances do not outweigh planning policy objectives designed to protect the countryside from additional built development.

The other principal reason given for requiring the dwelling is to improve site security amid concerns that on many farms theft of live and dead stock has become a regular occurrence. No evidence of security problems at the farm has been provided and in the absence of such evidence I can only conclude that the business has operated successfully under the current arrangements for the past 3 years. I do not dispute the advantages to animal welfare of having someone living on or close to an agricultural holding, however the existing dwelling is only around 3km/1.8 miles from the application site. In my opinion the travelling time between to the two sites would not unduly compromise the operation of the business. Furthermore legislation makes allowances for caravans to be sited on agricultural land for short periods during particular seasons (e.g. when cattle are calving). The Town and Country Planning (General Permitted Development) Order 1995 and paragraph 7 of Schedule 1 to the Caravan Sites and Control of Development Act 1960 make adequate provision for those circumstances when it is necessary for someone to be present at a site on a more full time basis. Outside specific times of year, such as when cattle are calving, the holding could be adequately managed from existing property close by.

Alternative accommodation: A number of alternative ways to provide additional living accommodation have been discounted by the applicants but I am of the opinion they have not been adequately explored in detail. These alternatives include:

Extension and subdivision of existing house or erection of a replacement dwelling: The applicant’s agent discounts subdividing the existing house and due to its size, I accept this would not be a viable alternative. The agent accepts that extending/redeveloping the house is feasible but it would not provide the accommodation at Tyn Y Mynydd, which is what the applicants consider essential to the operation of their business.

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Converting existing buildings: There are a number of traditional buildings at Tyn Y Garth which could be converted to provide a new dwelling. The agent has discounted this option on the grounds that these buildings are used for farming and whilst not modern buildings have been adapted to suit the needs of the business. He also states that it would be difficult to site a modern replacement agricultural building in the farm complex. Furthermore he is of the opinion it would not be possible to provide sufficient amenity space due to a lack of land around the farm buildings.

It is worth noting that the ADAS report states that using the traditional buildings for agriculture requires increases labour when compared to modern buildings. Members will also note the comments made by the Senior Valuer that the traditional buildings are unsuitable for modern methods of agriculture.

Notwithstanding the views of the applicant, I am not convinced that the conversion of one of the traditional buildings to a dwelling has been fully explored or shown not to be viable. I recognise that if converted, there would be a need to provide additional farm buildings and that the farm complex at Tan Y Garth may not be able to accommodate them. The applicant does farm extensive areas of land in the locality however, therefore I would be prepared to consider alternative locations for new/additional farm buildings.

Other accommodation in the area: The applicant has stated that there are no properties in the locality that are affordable, however beyond this statement there does not appear to have been any detailed examination of properties available in the area

Conclusion: On the basis of the details submitted there is insufficient justification to demonstrate that there is an essential need to provide additional permanent accommodation at this site. I am also of the opinion that the business could continue to be managed effectively from the existing farm dwelling and that there are suitable alternative approaches to provide additional accommodation. In the absence of sufficient supporting information the proposal would represent a new dwelling outside any settlement and in an area designated as of special landscape value without adequate justification contrary to policies H5, PS1 and PS2 of the Wrexham UDP.

P/2007 /1114

RECOMMENDATION That permission be REFUSED

REASON(S)

1. Insufficient justification has been provided to demonstrate there is an essential need to provide additional permenant accomodation for an agricultural worker at this site. The Council is not satisfied that the agricultural business could not continue to be managed effectively from the existing dwelling at Tan Y Garth Farm or that there is no suitable alternative means of accomodation for an agricultural worker in the locality. Accordingly, the proposal would represent a new dwelling outside any settlement and in a designated Special Landscape Value without adequate justification therefore being contrary policies H5, PS1 and PS2 and CLF5 of the Wrexham Unitary Development Plan.____________________________________________________________________

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COMMUNITY:Cefn

WARD:Plas Madoc

LOCATION: Land at Hampden Way Acrefair Wrexham

DESCRIPTION:Outline application for residential development consisting of 2no semi-detached two bedroom bungalows, 4 no semi-detached three bedroom dwellings and 1 no three bedroom dwelling. Construction of new vehicular and pedestrian access.

APPLICANT(S) NAME:Mr Richard Williams Pennaf


CASE OFFICER: SEH

AGENT NAME:ISP Architects LLPMiss Cornelia Oehrling

_____________________________________________________________________

THE SITE

A triangular shaped piece of land, measuring approximately 2520 sq metres, comprising vacant green space, located adjacent to No.112 Hampden Way.

PROPOSAL

Outline application for 7 dwellings.

Application Site

Page No 52


RELEVANT HISTORY

None relevant.

DEVELOPMENT PLAN

Within settlement limit. UDP Policies PS1, PS2, GDP1, GDP2, H2, EC4, and T8 apply. Local Planning Guidance Notes Nos. 17 ‘Trees and Development’, 16 ‘Parking Standards’, 21 ‘Space around Dwellings’ and 27 ‘Developer Contributions to Schools’ are also relevant.

CONSULTATIONS

Community Council: Support this applicationLocal Members: Councillor Moysen re-consulted 22/01/2008

Councillor Coleman supports this application Public Protection: no objections subject to the imposition of an appropriate

condition to deal with potential contamination at the site Noise from railway may be an issue – add condition

Highways: No objection subject to recommended conditionsOther representations: 1 letter received raising the following:

Loss of a pleasant and green amenity area; Increased traffic flows to a dangerous level; Possible loss of trees on site and impact on birdlife; Brownfield land within the area should be

considered as an alternative.Housing: Commuted sum for contribution towards education

facilities is required.Network Rail: No objection but request that the following be

considered: Drainage for the site Security for the railway line Noise impact upon the new dwellings Tree planting

Welsh Water: Notified 12/02/2008Environment agency: No representations.Site Notice Expired: 20/11/2007Press Advert Expired: 30/11/2007


Background: This is an outline application for the erection of 7 no. dwellings of mixed house type, with all further details including siting, landscaping, design, appearance and access reserved for subsequent approval. The main issues to consider relates to the impact on the highway of the additional dwellings, the loss of green space and the impact that development will have on the visual amenities of the area.

Page No 53

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008The proposal was originally for 10 dwellings, but the numbers have been reduced to 7 units to allow for an improved site layout and to minimise the impact upon the existing poplar trees which form the rear boundary of the site.

Loss of green space: The locality does not suffer from a lack of amenity areas, and there is a surplus of open spaces in the vicinity (there is over 2.3 Ha in Plas Madoc area). The proposal will not see the whole of the site developed, and some of the open space will remain.

Residential Amenity: The site is considered large enough to accommodate seven dwellings. It is possible to achieve the proposed development on this land in accordance with the Council’s separation distances and guidance on ‘Space around Dwellings’. However, these details have been reserved for subsequent approval and will be properly considered at the reserved matters stage.

Highway Access and Parking: No objection subject to the provision of a 2 metre footway across the full site frontage which will enhance pedestrian safety in the vicinity. A 2 metre footway has been demonstrated on the submitted layout plan, and will be secured by way of planning condition.

Adequate on-site parking provision has been demonstrated, and the required visibility splays are achievable at the access points. These provisions will also be secured by planning condition.

Noise: The development site is in close proximity to a main railway line. It is therefore likely that the development will be exposed to increased noise levels arising from the use of the railway. I would therefore advise that the developer undertake a noise survey in order to determine noise levels for both day and night having regard to Planning Guidance – Technical Advice Note (Wales) 11 – Noise.

commencement of the use hereby permitted and be permanently retained thereafter.

Trees: Over twenty mature poplar trees exist along the southern boundary of the site. These trees are a prominent feature of the site and streetscape and make a positive contribution to the visual amenities of the area. As part of the reserved matters, a full arboricultural survey will be requested and replacement tree planting secured to compensate for any loss, which is not expected to exceed more than four trees.

Contributions for schools: Whilst the nearest primary school to the development site has spare capacity, the designated secondary school will not accommodate the extra pupils. That said, the developer will be required to make a financial contribution towards educational facilities in accordance with Local Planning Guidance Note No. 27 ‘Developer Contributions to Schools’. Further detail will be secured as part of the reserved matters application.

Conclusion: The site is capable of supporting 7 no. dwellings and the increase in traffic generation will not give rise to additional danger to road users. The proposed development will make a positive contribution to the area and will not adversely impact upon the visual amenities of the area. The proposal accords with local planning policy and I recommend accordingly.

Page No 54



CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the siting of the building(s) b. the design of the building(s) c. the external appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site.2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved.3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later.4. This development shall be for a maximum of 7 no dwellings only5. As part of the reserved matters an arboricultural implication study and method statement dealing comprehensively with all tree issues shall be submitted and development shall only be carried out in accordance with the scheme as is approved.6. Development shall not begin on site until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Where remediation works are required, the development shall not be occupied/used until a Validation Report to show that the works have been satisfactorily carried out has been submitted to and approved in writing by the Local Planning Authority.7. Any proposed access shall provide visibility splays of 2.4 x 33 metres in both directions measured to the nearside of the adjoining highway within which there shall be no obstruction in excess of 1 metre in height. The visibility shall be provided before any dwelling is occupied and shall be protected thereafter8. Prior to first occupation of any dwelling, a 2.0 metre wide footpath shall be constructed to Highways Authority adoptable standard along the entire site frontage along Hampden Way, details of which shall be submitted as part of the reserved matters.9. Any proposed access shall take the form of a dropped vehicular crossing.10. The contents of the indicative site plan submitted in support of this application shall not be regarded as representing an approved site layout.11. As part of the reserved matters, full details of the proposed hard and soft landscaping proposed for the site, to include the specification for any replacement tree planting, shall be submitted.12. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).

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REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200813. The reserved matters application shall include details of a financial contribution to be made towards the shortfall in education facilities in accordance with Local Planning Guidance Note no. 27 'Contributions for Schools'.14. Prior to commencement of development, a detailed report of a noise survey shall be submitted to the Local Planning Authority to include:

(a) Noise levels arising from day/night time activities arising from the use of the railway adjacent to the proposed development site and the impact on the proposed accommodation.

(b) Details of the present noise and vibration levels arising from rail traffic in relation to the proposed development site. The developer shall consult with the railway operator to determine if there are proposals for significant operational changes.

(c) A detailed scheme of noise insulation and/or attenuation measures so designed to safeguard the amenity of the future occupants of the proposed accommodation as detailed above.

All data shall be representative of typical conditions for both day (0700-2300 hours) and night (2300-0700 hours).Development shall only be carried out in strict accordance with the details which have been approved in writing by the Local Planning Authority.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995.2. To comply with Section 92 of the Town and Country Planning Act, 1990.3. To comply with Section 92 of the Town and Country Planning Act, 1990.4. To ensure that a satisfactory unit of residential accommodation is retained within the premises and to protect the amenities of the occupiers of nearby properties.5. To ensure the amenity afforded by the trees is continued into the future.6. In the interests of the amenities of the future occupants of the buildings7. In the interests of highway safety.8. In the interests of highway safety.9. In the interests of highway safety.10. To ensure that all details are reserved11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.12. 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.13. To ensure that the development fully complies with the appropriate policies and standards.14. To protect amenity of future residents.


The applicant is referred to the Environment Agency guidance note for developers, as enclosed._____________________________________________________________________

Page No 56



COMMUNITY:Cefn

WARD:Cefn

LOCATION:Land adjacent to Braemore Hill Street Cefn Mawr Wrexham

DESCRIPTION:Erection of dwelling and garage and associated garden/yard.

APPLICANT(S) NAME:Mr & Mrs Edwards


CASE OFFICER: KH

AGENT NAME:Menna Gerrard Ltd

_____________________________________________________________________

P/2007 /1282

THE SITE

Derelict land located off the southern side of Hill Street.

PROPOSAL

As above – this is a full application with all details.

HISTORY

P/2005/0296 Alteration to vehicular access (adjoining site, Braemore).

Land with outline for housing

site

Page No 57


DEVELOPMENT PLAN

Within settlement limit. The Conservation Area boundary runs along the northern boundary of the site. Policy GDP1 and EC 7 refers.

CONSULTATIONS

Community Council: Supports application.Cllr Coleman: Supports application.Cllr Moysen: Subject to condition regarding visibility splays, no

objection.Public Protection: Consulted 30.10.07Highways: No objections subject to conditions to improve visibility

and parking provision.Environment Agency: No observationsHealth & Safety Executive: Do not advise against.Welsh Water: Conditions required.Other Representations: Additional consultation expires 29.02.08Site Notice: Expired 19.12.07

SPECIAL CONSIDERATIONS/ISSUES

Streetscene: The proposed property is a substantial 2.5 storey building and consideration is required of the impact on the streetscene. Viewed from Hill Street the impact is reduced with the land levels approximately 2m lower and a boundary perimeter wall. The property will be lower in height than Braemore to the east and whilst newer properties to the west would be lower I do not consider the property would significantly compromise the streetscene. When viewed from the south the property will be seen against the backdrop of properties at a higher level. It would not untypical of Cefn in general, where there are properties at different levels.

Landscaping will further reduce the impact.

The Conservation Area bounds the site but as the dwelling will be at a lower level I do not consider it will compromise the setting and the appearance of the area will be preserved.

Highways: Access to the site will be via the existing access to Braemore. Alterations to the access were granted planning permission in May 2005(P/2005/0296) which were intended to permit the use of the access for a second dwelling.

I am satisfied that works already carried out to the access in terms of widening and further improvements to visibility in a westerly direction will ensure a safe access.

Amenity: I am satisfied that separation distances to properties to the north of the site ensure no significant loss of amenity with distances of over 27m between properties.

Properties to the immediate east and west will not be significantly affected by virtue of loss of privacy, light or the dwelling being overbearing.

Page No 58


There is an outline permission on land to the south-west of the site. No details were submitted as to the siting of properties on the land but I am satisfied that this permission would not compromise future development of that land.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details.4. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved by the Local Planning Authority. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted.5. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).6. Foul water and surface water discharges shall be drained separately from the site.7. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise agreed, in writing, by the Local Planning Authority.8. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.9. The proposed access shall have visibility splays measuring 2.4 x 33m in a westerly direction and 2.4 x 56m in an easterly direction measured alongside the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to the commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction.10. No windows, doors or other openings shall be inserted into any elevation other than those indicated on the approved drawings.11. No gates shall be permitted within 5m of the highway boundary.

Page No 59

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200812. Details of all boundary means of enclosure shall be submitted in writing for the further approval of the Local Planning Authority. The details, as approved, shall be implemented prior to the first occupation of the dwelling hereby approved and retained thereafter u nless otherwise agreed, in writing, with the Local Planning Authority.13. Details of works to the boundary wall to improve visibility in a westerly direction shall be submitted, in writing, for the furtehr approval of the Local Planning Authority. The works shall be carried out strictly in accordance with the details as approved prior to the first occupation of the dwelling hereby approved and retained thereafter.14. The site shall only be developed in accordance with the ground and floor levels which have been agreed in writing by the Local Planning Authority before development commences. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local PlanningAuthority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.5. 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.6. To protect the integrity of the public sewerage system.7. To prevent hydraulic overloading of the public sewerage, to protect the health and safety of existing residents and ensure no detriment to the environment.8. To prevent hydraulic overload of the public sewerage system and pollution of the environment.9. To ensure that adequate visibility is provided at the proposed point of access to the highway.10. To protect the amenities of the occupiers of nearby properties.11. In the interests of highway safety.12. In the interests of nearby residential amenity and the general visual amenities of the area.13. In the interests of the character of the Conservation Area and the general visual amenities of the area.14. In the interests of amenity of adjoing properties and highway safety_____________________________________________________________________

Page No 60



COMMUNITY:Rhosddu

WARD:Grosvenor

LOCATION: 52 Spring Gardens Wrexham

DESCRIPTION:Ground floor garage / utility extension.

APPLICANT(S) NAME:Mr PI Wright


CASE OFFICER: LG

AGENT NAME:Mr PI Wright

_____________________________________________________________________THE SITE

PROPOSAL

As above.

HISTORY

P/2001/0359 Residential development, construction of new vehicular and pedestrian access roads and alterations to existing vehicular and pedestrian access. Granted.

Site

Location of proposed ground floor extension

Page No 61


DEVELOPMENT PLAN

Within settlement limit. UDP Policy GDP1 applies. Local Planning Guidance Notes No. 20 ‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: No objection. Re-consulted 04.02.08Local Member: Consulted 04.12.07. Re-consulted 04.02.08Other Representations: Two letters of objection received objecting on the

following grounds:1) The intended extension will be over

domineering and unsightly due to the height the building will become.

2) Outlook from rear of property would be a massive plain red brick wall that is invasive.

3) The wall forms part of our boundary thus any building work carried out to the wall would be a health and safety risk to children and pets.

4) The planned new build will be directly alongside the rear fence and will dominate the rear garden.

5) The extension will come several metres closer to kitchen and bedroom and impact on the living space.

6) The size and scale of the extension would impact negatively on living space.

Re-notified 04.02.08Site Notice: Expired 02.01.08.


Background: The existing dwelling is a modest 3 bedroom semi-detached dwelling located on the Spring Gardens estate in Rhosddu. Planning permission was originally sought for a two-storey side extension to create a smaller garage and new utility room on the ground floor and two further bedrooms above. Amended plans have been received showing the deletion of the first floor element of the extension and this report will address the amended proposal for a ground floor garage and utility room extension only.

Residential Amenity: The amended proposal is for a single storey extension to move the garage further forward and create a utility room at the rear. The extension is in accordance with the British Research Establishment 45 degree daylight and would not result in a detrimental loss of light to the surrounding properties.

The extension would come no closer to the ground floor rear windows of number 30 Spring gardens, which faces onto the side of the site, than the existing garage and I do not consider the extension to be visually overbearing when viewed from the facing habitable rooms.

Page No 62

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Parking: The proposal involves moving the garage further forward which will result in the length of the garage being reduced to below the parking standard in LPGN 16. However the applicant has sufficient parking within the curtilage to accommodate 3 vehicles in accordance with Council guidance.

Conclusion: The design of the extension is reflective of the original and surrounding dwellings and would not adversely affect the character or appearance of the area or the amenity of the surrounding properties.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. No facing materials shall be used other than materials matching those used on the existing building.3. The development shall only be carried out in accordance with the amended plan(s) dated 31 January 2008.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.


The proposed development lies within a former coal mining area. You should take account of any hazards to stability which may arise from coal working in or near the site. Specific advice on any past working may be obtained from the Coal Authority Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.

Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050.

The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property.

Page No 63

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority._____________________________________________________________________

Page No 64



COMMUNITY:Rossett

WARD:Rossett

LOCATION: NEWHAVEN COTTAGE & GARAGE CHESTER ROAD ROSSETT WREXHAM

DESCRIPTION:REMOVAL OF CONDITION NO. 7 OF PLANNING PERMISSION CODE NO. P/2007/0426 RELATING TO HEIGHT OF DWELLINGS.

APPLICANT(S) NAME:MR ALAN BROOKE


CASE OFFICER: SJG

AGENT NAME:MR ALAN BROOKE

_____________________________________________________________________

THE SITE

The site is on the south-west side of Chester Road at the junction with The Green.

PROPOSAL

Removal of condition 7 which states:

2 = two storey1 = bungalow

2

1

Page No 65

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008The proposed dwelling(s) shall be single storey to the eaves. Reason: To protect the amenities of the occupiers of nearby properties.

The original application was for residential development of a 870m2 site including the garage buildings and Newhaven Cottage.

APPLICANT’S SUBMISSIONS

The owner has tried to sell the site but without success. Potential purchasers stated that condition 7 deterred them from purchasing. Photographs have been supplied of dwellings surrounding the Green and most are 2 or even 3 stories. It is illogical that this site should be restrained to “single storey to the eaves” as there are only 2 bungalows next to the garage, which have no architectural merit. The site is an eyesore and has caused parking problems in the locality, and its removal or redevelopment for residential purposes would benefit the community and local residents.

In response to a request, the applicant has submitted sketch details of a possible development of the site. The plans indicate a development of 4 units along The Green, with Newhaven Cottage retained. The access leads to a shared parking area behind Newhaven cottage for 10 cars. The main block adjoining the Cottage is a full two stories in height, and the detached unit adjoining Peacehaven has a lower eaves line. There would no windows overlooking that bungalow.

RELEVANT HISTORY

CB03274 Demolition of garage and outline for residential development & new access Granted 9/7/1999

P/2007/0426 Outline for residential development Granted 17/5/2007

DEVELOPMENT PLAN

Within settlement limits. Policies H2 and GDP1 are relevant, together with LPGN 21.

CONSULTATIONS (re-consultations on sketch plans carried out 1/2/2008)

Rossett C Council: No objectionsLocal Member: Considers that condition should be retained. Site Notice: Expired 7/1/2008Other representations: Adjoining occupiers notified 17/12/2007

2 objections received, plus petition signed by 7 local residents, on grounds of:a. the height of any dwellings should not exceed the

height of adjoining propertiesb. Loss of daylight and sunlight to adjoining dwellingsc. Condition should be retained in the interests of

residential and visual amenity1 Letter of comment received:a. Parking is inadequate in terms of number, size and

layout of spaces

Page No 66

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008b. Visibility splay encroaches onto adjoining landc. Height of dwellings fronting Chester Road should not

exceed that of Newhavend. No windows should face Peacehaven


Residential amenity: The requirement imposed by condition 7 was also imposed on the 1999 permission, and does not rule out first floor accommodation. It was considered that the restriction was justified in order to protect residential amenity and visual amenity in general, and removal of the condition could be seen as encouraging a higher development on this site. It is accepted that there are 2 or 2.5 storey developments in the vicinity, as shown on the applicant’s photographs. However this proposal must be examined on its merits with regard to the specific site and its surroundings.

The sketch scheme allays some of the concerns over the visual impact of the development. The development of 4 new dwellings is unlikely to be acceptable on parking and layout grounds, but it is now accepted that the principle of a carefully designed 1.5-2 storey development could be acceptable.

On this basis it is considered that the original condition is not necessary, and an amended version is considered appropriate, plus an additional condition relating to overlooking windows.


CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the siting of the building(s) b. the design of the building(s) c. the external appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site.2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved.3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later.4. Development shall not begin on site until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Where remediation works are required, the development shall not be occupied/used until a Validation Report to show that the

Page No 67

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008works have been satisfactorily carried out has been submitted to and approved in writing by the Local Planning Authority.5. The site shall only be drained by means of a separate system of drainage with no surface water being discharged to the foul drain/sewer.6. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied7. The proposed dwelling(s) shall not exceed two storeys in height.8. No windows shall be inserted in the side (south-east) elevation of the dwelling adjoining Peacehaven.9. From a point on the centreline of the new site access 2.4 metres back from the nearside edge of carriageway to points on that same edge of carriageway 49 metres each side of the access, all obstructions to visibility shall be reduced to and thereafter maintained at a height not exceeding 1 metre above the level of teh adjacent carriageway.10. From a point on the centreline of the new site access 2.4 metres back from teh highway boundary to points on the highway boundary 3.3 metres each side of teh centreline all obstructions to visibility shall be reduced to and thereafter maintained at a height not exceeding 0.6 metres above the level of the adjacent footway.11. Where a footway not less than 2 metres in width does not now exist at any point along the site frontage, a footway 2 metres wide shall be constructed all to the satisfaction of the Local Planning Authority and shall be completed prior to the first occupation of any new dwelling.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995.2. To comply with Section 92 of the Town and Country Planning Act, 1990.3. To comply with Section 92 of the Town and Country Planning Act, 1990.4. In the interests of the amenities of the future occupants of the buildings5. To ensure proper drainage of the site.6. To ensure satisfactory drainage of the site and to avoid flooding.7. To protect the amenities of the occupiers of nearby properties.8. To protect the amenities of the occupiers of nearby properties.9. To ensure adequate visibility from and of emerging vehicles.10. To ensure adequate visibility of pedestrians, particularly young children using the footway.11. To accommodate increased pedestrian traffic generated by the proposed development.



Page No 68

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information".

If the applicant wishes the Highway Authority to adopt the new footway for maintenance at the public expense or intends to carry out works within the existing highway, he will need to enter into a formal agreement under the appropriate sections of the Highways Act 1980.

Further advice on compliance with Condition No. 4 may be obtained by contacting the Council's Environmental Protection Section on Wrexham 297041, and from the Environment Agency as explained in the attached consultation letter. Special attention will be required to the removal of the fuel tanks - please contact Trading Standards on 01978 292045.

Please note the attached comments from Welsh Water and Public Protection.

The detailed scheme must take account of the Council's standards for parking and space around dwellings contained in Guidance Notes 16 and 21 and must reflect the character and heights of the adjoining dwellings. It is considered that a development should be of low density and include designs specific to this site. _____________________________________________________________________

Page No 69



COMMUNITY:Offa

WARD:Brynyffynnon

LOCATION:RAILWAY LAND ADJOINING WREXHAM MAELOR HOSPITAL CROESNEWYDD ROAD WREXHAM

DESCRIPTION:CAR PARK AND HELIPAD (PREVIOUSLY GRANTED UNDER CODE NO. P/2004/0990)

APPLICANT(S) NAME: NORTH EAST WALES NHS TRUST


CASE OFFICER: KH

AGENT NAME:T A C P

_____________________________________________________________________

THE SITE

Land on the southern boundary of the hospital site. The land to the immediate south is part of the Ruthin Road development site.

PROPOSAL

Renewal of previous permission granted in 2004 for a car park and helipad. The current application includes an extra 65 spaces on the site of the future helipad. It is anticipated this additional parking will be of a temporary nature with the implementation of the helipad in the future.

HISTORY

P/2004/0990 Use of land as 475 space car park and helipad. Granted 07.10.04.

Link to Western Gateway spine road.

Helipad

Page No 70


DEVELOPMENT PLAN

Within settlement Policies PS1, PS2, PS3, GDP1, EC4, EC6, EC13, T8 and T10.

CONSULTATIONS

Community Council: No objectionsLocal Member: Notified 13.12.07Public Protection: Condition to deal with contamination of site

required.Highways: No objection to temporary permission.Environment Agency: No objection but may wish to consider Flood

Consequence Assessment.Countryside Council Wales: Recommends ecological surveys are carried out

and if surveys suggest protect species are present, appropriate compensation and mitigation schemes provided.

Network Rail: Consulted 21.12.07Railway Inspectorate: Consulted 21.12.07W.A.G Transport Directorate: No observationsOther Representations: Redrow Homes, adjoining land owners have no

objection in principle but subject to the receipt of further information which demonstrates that the car park can be accommodated within the site without prejudice to ecological, recreational and amenity interests. Further information required in terms of ecology, disposal of surface water, a detailed landscaping scheme demonstrating that the walking and cycling route can be provided and that future occupants of the committed housing development on land to the south will not suffer an unacceptable loss of amenity.

Site Notice Expired: 12/01/08


Background: A three year temporary permission was granted “To retain control of the use to enable future alternative access arrangements.” The background was to allow the car park access to be from Croesnewydd Road and thence to the A525.

The application has been varied to provide an extra 65 spaces to the east of the car park on the site of the proposed helipad. This is purely a temporary situation with the helipad to be implemented in the future.

Ecology: Detailed discussions between the applicants Ecological Consultants and the Councils Ecologist with regard to the presence of any protected species look place prior to the previous permission. The Common Lizard was identified as likely to be present and a survey was conditioned. Terrestrial searches and protective fencing was

Page No 71

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008erected. A scheme of mitigation and compensation proposals were agreed which involved the retention of a landscaped embankment on the northern boundary.

On the basis the majority of the site has been tarmaced for over 2 years and used extensively as a car park I do not consider any further surveys are required.

I will however, condition details of additional landscaping to supplement existing to compliment the existing habitat and the consolidation of a wildlife corridor on the southern boundary.

Highways: I do not consider I can recommend refusal of the application on the basis of increased pressure on the local highway network. The previous permission was granted on a temporary basis purely to retain control of the use to eventually enable traffic to access onto Croesnewydd Road and not to assess the implication of increased traffic movements. I have not seen any evidence that the use has resulted in unreasonable pressures on the existing highway network. I do consider a further temporary permission is necessary to ensure future alternative access arrangements are not compromised. However if this does take place it would be beneficial.

General: Concerns have been raised with regard to drainage. Run off from the car park is to soakaways and this was agreed in conjunction with the Environment Agency Wales as part of the previous approval.

The car park retains a central cycleway/pedestrian route which is tree-lined. With the maturity of the trees, the route will be enhanced.

With regard to proposed housing to the south, the main use of the car park is during the day. The lighting is low level with minimal overspill. The future use of the helipad should have a limited impact with occasional use for emergencies and I understand the licence would restrict flights to daylight hours.

Conclusion: I am satisfied the renewal of the permission will not adversely affect any ecological interests or significantly compound congestion in the local highway network. The scheme is similarly unlikely to have a significant impact on proposed residential properties to the south of the site.


CONDITION(S)

1. The use hereby permitted shall cease and be abandoned no later than 31 December 2010. The land shall be restored to its previous condition no later than one month after that date.2. The helipad shall be restricted for the use of emergency aircraft only.3. Within one month of this decision full details of works to provide and retain cycleway/footpath links to the adjoining land to the north-west and south-west shall be submitted in writing for the further approval of the Local Planning Authority. The details as approved shall be fully implemented in accordance with timescale to be agreed as part of the submitted details and retained thereafter.4. Notwithstanding the approved plans, within 3 months of the decision notice, a landscaping scheme shall be submitted in writing for the further approval of the Local

Page No 72

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Planning Authority. Details shall include hedge planting along the southern perimeter and additional planting along the northern boundary to supplement the existing landscaping. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. Any trees, hedging or shrubs removed, dying, being severely damaged, or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted.

REASON(S)

1. To retain control of the site to enable future alternative access arrangements.2. To minimise noise disturbance to existing and future occupiers of nearby residential properties.3. To ensure provision is made for a more comprehensive and continuous walkway/cycleway route.4. In the interests of the general visual amenities of the area and in the interests of nature conservation and preservation/ enhancement of habitats._____________________________________________________________________

Page No 73



COMMUNITY:Rhos

WARD:Ponciau

LOCATION:LAND ADJACENT TO CAPEL SALEM BANK STREET PONCIAU WREXHAM

DESCRIPTION:ERECTION OF 2 NO. 4 BEDROOM DETACHED DWELLINGS.

APPLICANT(S) NAME:MR D HANNABY


CASE OFFICER: MP

AGENT NAME:BLUE PRINT

_____________________________________________________________________SITE

The application site is a vacant parcel of land adjacent to Capel Salem.

PROPOSAL

Approval of reserved matters application providing full details of the site layout, access, design and external appearance of the dwelling and landscaping.

HISTORY

P/1999/0161 Erection of 2 No. link-detached houses and construction of new vehicular and pedestrian access. Granted 24.1.2000

Application site

Page No 74

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008P/2004/0345 Outline application for residential development (2 No. link detached

houses) and construction of new vehicular and pedestrian access. Granted 5.5.2004

P/2007/0913 Relaxation of condition 2 (planning permission P/2004/0345) to allow a further 12 months to submit reserved matters. Granted 30.8.2007

DEVELOPMENT PLAN

Within settlement limit. Policies PS1, PS2, GDP1 and H2 apply.

CONSULTATIONS

Community Council: Notified 13.12.07Local Member: Notified 13.12.07Highways: Visibility not fully to standard in to the east however

outline planning did not condition splays, the access is in optimum location. Adequate parking and turning provided. Conditions recommended.

Public Protection: Recommend measures are put in place to reduce the impact of works during construction.

Welsh Water: Recommend conditions regarding site drainage.Other representations: 1 letter expressing grave concerns. Following concerns

expressed:- proximity of one of the dwellings to Lluest Wen and

the number of windows overlooking this property;- brick wall which separates building plot and garden

of Lluest Wen from the road. Presumably part of the wall will be demolished. Will section on Lluest Wen be made good at no expense to its residents;

- visibility, this will be greatly compromised and residents of the two new dwellings will have great difficulty seeing up Bank Street when attempting to leave the area allocated for turning. The road is busy and is a bus route;

- on-road parking: several residents on Bank Street have no-off road parking. A number park their cars adjacent to the existing wall and gateway. This area will not be available when the dwellings are built so further restricting current residents parking options. The likely outcome is on-road parking will be shifted up Bank Street towards a blind bend where there are also bus stops on opposite sides of the road. Traffic may be forced to negotiate the bend on the wrong side of the road with no means of seeing if there is traffic coming in the opposite direction;

- Bank Street is used by children making their way to school. The potentially dangerous traffic conditions together with the lack of safe pedestrian routes, together with the lack of safe pedestrian footpaths in the vicinity could lead to accidents;

Page No 75

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008- Parking problems are further exacerbated whenever

there is a service at Capel Salem. Worshipers tend to use their cars to travel to the Chapel. This extra volume of parking will add to the potential danger and cause more than a little inconvenience to local residents.

Site Notice: Expired 8.1.08 SPECIAL CONSIDERATIONS

Background: The site has outline permission for two linked-detached dwellings. Although this application is for two non-linked detached dwellings, the outline permission established that the site could accommodate two dwellings. The fact that the reserved matters deviates slightly from the description of development granted permission at outline stage I do not believe it is an alteration could be considered as a material alteration from what currently has planning permission.

Siting and design of dwellings: Both dwellings would be set some 17 metres back from the road frontage. I consider this to be the most appropriate position for them as it will minimise the impact on the occupiers of the adjacent property Lluest Wen. I note that concern has been expressed about the impact this development will have on the occupiers of that property and I will consider this in more detail below.

Amenity: Lluest Wen has a number of windows facing directly onto the application site and the westerly plot would be 10 metres from the existing property. The new dwelling is set far enough back that a pair of ground floor windows and first floor windows will overlook its driveway rather than facing a blank elevation. Lluest Wen does have a rear extension that also has ground and first floor windows facing the development site. The ground floor has a window serving a utility room and a glazed door serving a kitchen. The utility room is not classes as a habitable room, therefore the standards set out in Local Planning Guidance Note 21 are not applicable. With regards to the kitchen, this does have another window in the west elevation, therefore the development will not unacceptable impact upon the amount of light received by this room.

At first floor, there are windows serving a bedroom, although the room does also have other windows in the north and west facing elevations. In my opinion the outlook from the windows will not be unacceptably compromised because the side elevation of the new dwelling will not exceed the height of the first floor windows significantly so as to prove visually overbearing or unacceptably compromise the amount of light received by the room.

The western plot will windows facing Lluest Wen, however the only windows serving a habitable room are on the ground floor. Appropriate boundary treatment will ensure that this arrangement does not unduly compromise the privacy enjoyed by occupiers of the existing property.

Page No 76

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008The property located behind the application site, known as Thorlie is set lower than the application site by approximately 2m and is 17 metres from the nearest proposed dwelling. Due to the orientation of the dwellings in relation to each other I am satisfied that no direct overlooking of habitable rooms will occur and that the distance is satisfactory so that the new development will not proving visually overbearing. Appropriate boundary treatment will be required to ensure that the use of the garden area of the new dwellings, particularly the eastern plot, does not affect the privacy of the existing property.

Design: The proposals are for two identical, albeit handed over so that they are a ‘mirror image’ of each other. The design is acceptable.

The initial plans suggested that the whole front garage area would be hard standing, which would have looked unattractive. Subsequent revision no show that there would be a single shared access to the site with each dwelling have a large driveway to the front. Sufficient space is left over to allow for some soft landscaping to take place.

Highways: Adequate space is provided for off-street parking and turning within the site. Highways have noted that visibility to the east does not fully meet the requirements of TAN18, but that the access is sited to maximise visibility. The applicant has confirmed he owns a small parcel of land to the front of Capel Salem that will allow him to remove obstructions to visibility exceeding 1 metre in height, namely a section if an existing wall.

I note that some concern has been expressed about the impact of the development on highway safety. I will deal with these in turn:

Visibility: The development itself will not compromise visibility. Visibility from the proposed access will be maximised by its position, the removal of obstructions on land under the applicant’s control as referred to above, and the provision of a 2 metre wide footway along the frontage of the site.

On street parking: The development itself is provided with adequate off-street parking, therefore there will be no need for future occupiers to park on the street. It is not possible for planning control to enforce against occupiers who choose not to however.

I note that the road in front of the development site forms part of the adopted highway and is not a formal parking area, therefore as far as I am aware nearby residents do not have any particular right to park there. The application site is also private land and has an existing, albeit presently little used, access onto Bank Street. It would therefore be entirely reasonable for the owners of the land to expect this access to be kept clear to enable them to gain access to their land, irrespective of whether it is developed.

Pedestrian safety: There is currently a footway on the opposite side of Bank Street. The development will also result in the construction of a 2 metre footway along the frontage of the site thus providing a refuge from on coming traffic for pedestrians who do walk along the north side of Bank Street.

Page No 77

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Parking problems when services are held at adjacent Chapel: There is already approval for two dwellings so the development is unlikely to add to or exacerbate parking problems arising from the use of the adjacent Chapel.


CONDITION(S)

1. The development hereby approved shall be commenced before 03.03.2010.2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.4. Within 3 months of commencement of development on site, full details of both hard and soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details.5. Within 3 months of the date of commencement of development a scheme of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented prior to the first occupation of the dwellings hereby approved.6. Notwithstanding the provisions of Part 2 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, no gates shall be erected across the vehicular access to the dwellings hereby approved within 5 metres of the highway boundary.7. The proposed access shall be provided with visibility splays of:i) 2.4 x 25 metres in an easterly direction as measured to the centreline of the adjoining highway; andii) 2.4 x 33 metres in a westerly direction as measured to the near side edge of the adjoining highway.Within the splayed areas there shall be no obstruction above 1 metre in height. The splays shall be provided prior to the first occupation of the dwellings hereby approved and thereafter maintained free of all such obstructions.8. The site access shall be a minimum of 4.1 metres wide and shall be hard surfaced in a bound material for a minimum distance of 5 metres behind the highway boundary.9. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes, free of all obstruction.10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no windows or other openings, other than those shown on the approved plans, shall be erected in the south-west facing elevation of the western plot hereby approved.11. The two metre footway shown on the approved plans shall be constructed, to Highway Authority adoptable standards, prior to the first occupation of the dwellings hereby approved and shal therafter be retained clear of obstruction.12. Foul and surface water discharges shall be drained separately from the site.

Page No 78

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200813. No surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) to the public sewerage system.

REASON(S)

1. To comply with Section 92 of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.5. In the interests of the amenities of the occupiers of nearby properties and the visual amenities of the area.6. To allow vehicles to access the site without having to stop in the highway to open gates, in the interests of highway safety.7. To ensure that adequate visibility is provided at the proposed point of access to the highway.8. To ensure the formation of a safe and satisfactory access and to ensure that deleterious material is carried onto the Highway.9. In the interests of highway safety.10. To protect the amenities of the occupiers of nearby properties.11. In the interests of pedestrian safety.12. To protect the integrity of the public sewerage system.13. To prevent hydraulic overload of the public sewerage system and pollution of the environment.


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 scheme of landscaping referred to in the above conditions shall inlcude any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. In addition, any of the following which apply to the particular site must be included:-means of enclosure, car parking layout, access and circulation areas, materials for hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play equipment) location of services, and any historic landscape features to be retained/improved.


The proposed footway on Bank Street will need to be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense. The developer should be advised that they will need to enter into an agreement under section 38 of the Highways Act 1980. Until such time that the Section 38 agreement

Page No 79

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008for the proposed new footway is complete, the developer will be liable for that portion of land._____________________________________________________________________

Page No 80



COMMUNITY:Glyntrian

WARD:Ceiriog Valley

LOCATION: PONTFADOG BRIDGE PONTFADOG LLANGOLLEN

DESCRIPTION:LISTED BUILDING CONSENT FOR 6" SQUARE TILE AND COMMEMORATIVE PLAQUE

APPLICANT(S) NAME:MRS RP DAVIES


CASE OFFICER: LB1

AGENT NAME:MRS RP DAVIES

_____________________________________________________________________

SITE

Pontfadog Bridge.

PROPOSAL

As above .

HISTORY

None Relevant.

Page No 81

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008DEVELOPMENT PLAN

Within settlement limit, Bridge is Grade II Listed Structure. GDP1, PS2, EC9 apply.

CONSULTATIONS

Community Council: Consulted 03/01/08Local Member: Notified 03/01/08Highways: No objectionWACivic Soc: Consulted 03/01/08RCAHMW: No objections to the proposalFlints Hist Soc: Object to the proposal – feel that the proposal is

misguided and that there is no overriding reason for siting the tile on the bridge. It would be more appropriate to site the tile within some public building.

Consider that the tile may be destroyed by vandals or destroyed by winter frost.Denbs Hist Soc: Consulted 03/01/08Other representations: Neighbouring properties notified 03/01/08Press Notice: Expired 01/02/2008Site Notice: Expired 29/01/08 SPECIAL CONSIDERATIONS

The bridge is a Grade II Listed Structure that was listed as an example of an unaltered road bridge and the group value of the structure together with the war memorial and adjacent milestone.

There has been a competition within the local schools for the design of three tiles to be placed on bridges in the Ceiriog Valley, as part of the Berwyn Festival (Annual Festival for music, arts and food). The tile is 6ins square and is to be placed on the bridge together with a memorial plaque giving the occasion and name of the designer.

The size of the proposal will mean that there will be little impact upon the character and appearance of the bridge. The method of fixing of the plaque and tile are such that there will be no permanent damage to the structure and the tile could be removed at a later date.

The location of the bridge has been chosen in order that a wide range of people will be able to view the bridge and find out about the Berwyn Festival. The organisers of the Festival will be responsible for maintenance of the plaque and tile should any damage, be it vandals or weather related occur.

Conclusion: The proposal will have little detrimental impact upon the character and setting of the Bridge and I therefore recommend accordingly.

RECOMMENDATION A

That the Welsh Assembly Government should be advised that Wrexham County Borough Council is disposed to grant Listed Building Consent with Article 3 of the

Page No 82

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Planning (Listed Building Conservation Area) Regulations 1990 subject to the conditions specified below:-

CONDITION(S)

1. The works hereby granted consent shall be begun before the expiry of five years from the date of this consent.2. The works granted consent shall only be carried out in strict conformity with the details shown on the approved drawing(s) and in the application documentation.3. Full details of the method of attaching the plaque and tile to the bridge shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990.2. To ensure the works reflect the character and appearance of the Listed Building.3. To ensure the method of fixing does not have a detrimental impact on the listed structure.

RECOMMENDATION B

That the Chief Planning Officer be authorised to issue the appropriate certificate forthwith if WAG refers the application back to the Council for determination._____________________________________________________________________

Page No 83



COMMUNITY:Offa

WARD:Brynyffynnon

LOCATION: LAND AT RUTHIN ROAD WREXHAM

DESCRIPTION:FORMATION OF VEHICULAR ACCESS

APPLICANT(S) NAME:MR ANDY PEPPER McINERNEY HOMES HOMES (NW) LTD


CASE OFFICER: SEH

AGENT NAME:McINERNEY HOMES HOMES (NW) LTDMR ANDY PEPPER

_____________________________________________________________________

THE SITE

Part of the residential development site, located in the south east corner adjacent to Lego.

PROPOSAL

Formation of temporary vehicular access to sales area in connection with the residential development of the site (P/2007/1187).

Screening mound as required by previous decisions

Parking Area

Access

Pedestrian crossing

Page No 84


P/2004/0517 Outline application for residential development Approved 06.09.2004

P/2007/1187 Reserved matters application for erection of 97 no dwellings and 65 no apartments. Decision pending.

DEVELOPMENT PLAN

Inside settlement limit. UDP Policies GDP1, T8 and PS2 apply.

CONSULTATIONS

Community Council: Object on the ground that the access is located in a dangerous location, close to a pedestrian crossing and the junction with Homestead Lane. Would prefer to see an access road through the site from the existing access.

Local Member: Consulted 04.01.08Highways: No objection subject to planning condition securing

adequate visibility for vehicles emerging from the site.Other Representations: One letter received raising the following points:

7) Increased traffic problems;8) Drainage;9) Impact on the oak tree near to the proposed

access.Site Notice: Expired 30.01.08


Background: The proposed new access will serve the sales area required in connection with the marketing of the residential development proposed for the site. The main issues to consider relate to the impact upon highway safety and upon the visual amenities of the area.

Highways: The site has access to a classified highway subject to a 30 mph speed limit. Visibility splays of 2.4 x 43 metres in both directions are required for an access at this location. It is considered that visibility from the proposed temporary access is adequate, and the required splays will be secured by way of planning condition.

Landscaping: Whilst the proposal is acceptable in terms of scale and location, a substantial screening mound is required in connection with the residential development of the site. This mound is an important feature of the overall development, necessary to ensure that the visual amenities of the area are protected. This proposal does not make adequate provision for the creation of this mound and planting.

Amendments to the scheme have been sought to make way for the creation and planting of the mound in accordance with the overall landscaping objectives for proposed.

Page No 85

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Other Representations: The drainage issues as raised are in connection with the residential development and are not relevant to this application. The mature oak tree located on the site boundary will be unaffected by this proposal.

Conclusion: The proposal is acceptable in terms of highway safety, but would negatively impact upon the landscaping/screening works proposed for the site. Should further planting details be received addressing my concerns, the proposal would be acceptable and would not impact negatively on the visual amenities of the area. My recommendation therefore is in two parts.

RECOMMENDATION A

Should amended plans be received which adequately address the landscaping requirements, that temporary permission be granted subject to the following conditions:

RECOMMENDATION B

Should amended plans not be received, that permission is refused for the following reason:

1 The development as proposed would have an adverse impact upon the visual amenities of the area. The proposal fails to make a positive contribution to the appearance of nearby locality contrary to Wrexham UDP policies GDP1(a) and PS2.


CONDITION(S)

1. The use hereby permitted shall cease and be abandoned not later than 30 June 2009. All plant, equipment machinery and/or materials forming part of or connected with that use shall be removed not later than one month after that date.2. The proposed screening mound shall be fully implemented in accordance with the approved plan in the first planting season prior to commencement of development ie by the 31.03.2008.3. Prior to commencement of development the proposed planting scheme for the screening mound, in connection with condition no 2 shall be carried out in accordance with the approved details4. Visibility at the proposed access onto Ruthin Road shall be 2.4 x 43 metres in both directions measured to the nearside kerb edge within which there shall be no obstruction in excess of 1 metre in height.5. The proposed access shall serve the sales area only, as depicted on the approved plan, and shall not act as an access to, or exit from, the surrounding development site.

REASON(S)

1. To ensure that visual amenities of the area are not compromised2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

Page No 86

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 20083. 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 highway safety.5. In the interests of highway safety._____________________________________________________________________

Page No 87



COMMUNITY:Llay

WARD:Llay

LOCATION:LAND ADJOINING SEFTON FIRST AVENUE LLAY WREXHAM

DESCRIPTION:ERECTION OF 2 NO. 2 BEDROOM SEMI DETACHED DWELLINGS.

APPLICANT(S) NAME:MR L WARBURTON


CASE OFFICER: MP

AGENT NAME:MR L WARBURTON

_____________________________________________________________________

PROPOSAL

As above.

HISTORY

P/2007/0520 Outline application for erection of 4 bedroomed detached dwelling with double garage. Granted 4.6.2007

DEVELOPMENT PLAN

Within the settlement limit. Policies H2 and GDP1 apply.

CONSULTATIONS

Community Council: In their view the site is only suitable for one dwelling.

Application site

Sefton

Page No 88

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Councillor Broderick: Agrees with the comments of the Community Council.Councillor M Williams: Notified 11.1.08Highways: Notified 11.1.08Public Protection: Recommend measures are put in place to reduce the

impact of works during construction.Welsh Water: Recommend conditions regarding drainage provision.Other representations: 1 letter received referring to comments made when the

initial outline application was submitted. These comments were:- dividing the plot up and building another substantial

house can only detract from the neighbourhood and place further demands on local amenities;

- the development will reduce sunlight to the garden and dwelling to the rear;

- the development risks damaging an important tree adjacent to the site;

The following additional comments were received from the objector;- this type of application is happening all over the

country an exploits a loophole in the designation of land. Gardens are classed brown field sites as opposed to Greenfield. It was never the government’s intention to have radically altered neighbourhoods by increasing housing density within existing suburbs. The policy was designed to used brown field sites which are either poorly utilised or derelict. The government is now looking at closing this loophole as it is having a detrimental effect on neighbourhoods;

- dividing the plot up and building further substantial houses next to it could only detract from the neighbourhood and place yet further demands on local amenities;

- A two storey building will heavily impact on amenity of garden and natural light levels. The rear garden is already dark because of the proximity of the existing house, its hedge and the large street standing in the open space between the properties;

- This situation was accepted but it was not expected to be made worse by train to cram in more houses on the land;

- When Wimpey developed Acacia Court they had planned to build 40 houses but the council raised objections and the build limited to 38. Surely a development such as this also detracts from the open spaces of Acacia Court and wider neighbourhood;

- Another house so close to the trees may damage its root structure which would surely put it at risk and be inconsistent with the original objections sited against Wimpy;

Page No 89

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008- In addition any damage to the tree with its close

proximity to the existing houses would put all three houses at risk.


Background: The principle of development was established when outline permission was granted for a single dwelling on this site in 2007. The scheme includes the demolition of the existing (attached ) garage – so the site is bigger than currently appears on site. . The applicant has subsequently opted to pursue the development of the site by proposing a pair of 2 bedroom semi-detached properties.

Layout and design: The proposed dwellings taken together are similar in size and scale to the existing adjacent dwelling (Sefton). They have also been designed to reflect the character of the existing dwelling.

The dwellings are around 20 metres from the nearest property in Acacia Court but orientated so that direct overlooking of habitable rooms will not occur. The orientation of the new dwellings is such that it will not unacceptably compromise the privacy of the garden area of the property in Acacia Court . Overall I am satisfied that the siting and design of the dwelling is acceptable, will not harm the visual amenity of the area or unacceptably impact on the amenity/privacy enjoyed by nearby occupiers. Due to the size of the site there is little scope for additional development however, such as extensions or additional outbuildings, without compromising amenity or the appearance of the locality. It would therefore be prudent to withdraw permitted development rights so that control can be exercised over

Parking and access: There is sufficient space to provide each dwelling with 2 parking spaces. These will be accessed off a single shared access adjacent to the boundary with the remainder of the curtilage of Sefton. The position of the access will allow vehicles to turn in the dead end access road leading to the site so that they can travel onto First Avenue in a forward direction.

Trees: There are two prominent trees on the eastern boundary of the site, an ash tree in the south-east corner and an oak in the north-east corner. I am however satisfied that the development can take place without adversely impacting upon these trees, provided protective measures are put in place during construction works.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Prior to 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

Page No 90

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.4. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).5. From a point on the centre line of the access 2.4 metres back from the edge of the footway, to points 3.3 metres to both sides of that point measured along the edge of the carriageway, all obstructions to visibility shall be reduced to and thereafter maintained at a height not exceeding 0.6 metre above the level of the adjacent carriageway. 6. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes, free of all obstruction.7. The erection of fencing for the protection of trees and shrubs shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of a scaffold framework in accordance with Figure 2 of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres. Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the full extent of the canopy of each tree and shrub. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. 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.5. For the safety and convenience of all pedestrians, but in particular, the elderly, the disabled and wheelchairs, pram, and pushchair users.6. In the interests of highway safety.7. To protect trees which are of significant amenity value to the area.

Page No 91




All works, ancillary operations and the use of plant and machinery which are audible at the site boundary, shall be carried out only betwee 07.30 hours to 18.00 hours Monday to Friday, between 08.00 hours to 14.00 hours on Saturdays and at no time on Sundays and Bank Holidays.

There shall be no fires on the site, to include the prohibition of the burning of cleared vegetation.

A sustainable dust management scheme be implemented on site to prevent dust nuisance from arising.

Your attention is drawn to the following supplementary notes 1, 3, 4 and 5._____________________________________________________________________

Page No 92



COMMUNITY:Minera

WARD:Minera

LOCATION:LAND OFF OLD SMELT ROAD COEDPOETH WREXHAM

DESCRIPTION:ERECTION OF 1 NO. FOUR BEDROOM BUNGALOW AND DETACHED GARAGE (REVISIONS TO SCHEME APPROVED UNDER CODE NO. P/2007/1180.

APPLICANT(S) NAME: E ROGERS


CASE OFFICER: MP

AGENT NAME:G RAYMOND JONES & ASSOCIATESMR M DAVIES

_____________________________________________________________________

SITE

It is currently a vacant plot of land located on the south site of Old Smelt Road approximately 75 m from the junction with High Street.

PROPOSAL

A full application for the erection of a bungalow with a detached single garage.

Page No 93


P/2007/1180 Erection of 1 no. four bedroom bungalow and detached garage. Granted 5.11.07

P/2007/0870 Erection of 2 no. two bedroom bungalows with integral garage. Refused 3.9.07

P/2006/0234 Renewal of outline planning permission for erection of dwelling (previously granted under code no. P/2003/0116). Granted 26.4.06

P/2003/0116 Outline application for the erection of one detached dwelling and construction of new vehicular and pedestrian access. Granted 7.4.03

DEVELOPMENT PLAN

Within settlement limit. Policies PS2, GDP1 and H2 are applicable.

CONSULTATIONS

Community Council: Notified 16.1.08Local Member: Notified 16.1.08Adj Community Council: Notified 16.1.08Adj Local Members: Notified 16.1.08Highways: Recommend conditions regarding access/parking

provision.Public Protection: Notified 16.1.08Environment Agency: No commentsWelsh Water: Recommend conditions regarding drainage.Other representations: 2 letter received expressing the following concerns;

- Foul drainage not suitable to take waste from the new property across garden of adjacent property. It should be re-routed into the main drain system on the road instead. The proposed drain is storing up problems for the future;

- Would be very unhappy if raw sewerage seeps into garden where children play;

- Request application is accepted only if foul drain is re-routed to closest point of entry to main foul drain;

- The access to the site and also the footpath from Nantlais has no public footpath has seen an increase in traffic, resulting in boundary fence being damaged on several occasions;

- The development would be unsatisfactory and undesirable having regard to the substandard nature of Old Smelt road being used as the main access;

- The bungalow is in the process of being built.Site Notice: Expired 14.2.08 SPECIAL CONSIDERATIONS

Background: The application seeks to obtain permission for some fairly minor alterations to the bungalow previously granted permission in November 2007 under

Page No 94

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008code no. P/2007/1180. The changes relate to a modified roof design, revised internal layout and amended design and location of the detached garage.

It is also worth noting that construction of the bungalow is now at an advanced stage, however the applicant has failed to comply with condition 09 of the previous permission. The condition required the submission of an assessment of the site for contamination and mitigation measures to deal with any identified contamination. Progress to address this issue is on-going and a condition will be attached to this permission to reflect the fact that this matter has not yet been full dealt with.

Layout and design: The siting and overall scale of the bungalow is the same as approved in November and I am satisfied the revisions present no new issues in relation to residential amenity.

The revised roof design is acceptable as is the siting and design of the garage.

Highways: The principle of development is already established on this site and the proposals raise no new issues regarding highway safety.

Objections: None of the points raised relate to the changes to the design of the dwelling.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Prior to their use on the development samples of all roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.4. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes.5. The site shall be developed in accordance with the ground and floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority.6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no gates shall be erected within 5 metres of the highway boundary.7. Prior to the first occupation of the dwelling, the access shall be hard sufaced using a bound material for a distance of 5 metres behind the higway boundary.8. Prior to the first occupation of the dwelling, the vehicular access shall be provided with visibility splays of 2.0m x 18m in both directions as measured to the centre line of the adjoining carriageway within which there shall be no obstruction in

Page No 95

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008excess of 1 metre above the level of the adjoining carriageway. The splays shall thereafter be maintained free of such obstructions.9. The dwelling shall not be occupied until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Where remediation works are required, the development shall not be occupied/used until a Validation Report to show that the works have been satisfactorily carried out has been submitted to and approved in writing by the Local Planning Authority.10. There shall be no vehicular means of access to the site other than from Old Smelt Road.11. Foul and surface water discharges shall be drained separately from the site.12. No surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) to the public sewerage system.13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 no windows or other openings (including rooflights) shall be inserted in the north-west facing roof slope.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. To 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 ensure that the development fully complies with the appropriate policies and standards.6. In the interest of safety and the free flow of traffic on the adjoining highway.7. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.8. To ensure that adequate visibility is provided at the proposed point of access to the highway.9. In the interests of the amenities of the future occupants of the buildings.10. To ensure a satisfactory means of access in the interests of highway safety.11. To protect the integrity of the public sewerage system.12. To prevent hydraulic overload of the public sewerage system and pollution of the environment.13. To protect the amenities of the occupiers of nearby properties.

Page No 96

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008NOTE(S) TO APPLICANT




Public Footpath No.32 runs along Old Smelt Road up to the access to the development site and must be protected through the duration of any construction works. The applicant must consult with the WCBC Public Rights of Way Section to discuss any works that may affect this public footpath (Tel: Pete Bland - 01978 297179).

Public Footpath No.23 runs across the development site. This permission does not permit the applicant/developer to interfere with of obstruct the course of the Public Footpath. The applicant must consult with the WCBC Public Rights of Way Section to discuss any works that may affect this public footpath (Tel: Pete Bland - 01978 297179).

Further advice on compliance with Condition 09 may be obtained by contacting the Council's Environmental Protection section. Should the investigation identify contamination issues that may affect receptors other than the site users eg groundwater, then it is recommended that these issues are also addressed in consultation with the Public Protection Department prior to works commencing on site, so as to avoid enforcement under Part II of the Environmental Protection Act, 1990.

All works, ancillary operations and the use of plant and machinery which are audible at the site boundary shall be carried out only between 08:00 hours to 18:00 hours Monday to Friday, between 08:00 hours to 14:00 hours on Saturdays, and at no time of Sundays and Bank Holidays.

There shall be no bonfires on the site, to include the prohibition of the burning of cleared vegetation.

You should note that the Council has the option to control construction site noise by means of a Control of Pollution Act 1984, Section 60, Notice, where deemed necessary.

You should be aware that there may be an ongoing problem with the capacity of the sewerage system in the Coedpoeth area. Overloading of the system has previously caused properties on Talwrn Road, Bryn Hyfryd and Green Gates Farm to flood._____________________________________________________________________

Page No 97



COMMUNITY:Ruabon

WARD:Ruabon

LOCATION: LAND ADJACENT TO BANGOR ROAD JOHNSTOWN WREXHAM

DESCRIPTION:CONSTRUCTION OF LAYBY AND ASSOCIATED WORKS

APPLICANT(S) NAME: DWR CYMRU WELSH WATER


CASE OFFICER: LB1

AGENT NAME:EGNIOL CONSULTING LTD

_____________________________________________________________________

SITE

Bangor Road, Johnstown.

PROPOSAL

As above.

HISTORY

Various applications at adjoining Hafod Quarry/Landfill site. None directly relevant to this proposal.Application P/2008/0062 –Spill pipe and headwall. (next item)

This application

Next applic

Page No 98


DEVELOPMENT PLAN

Outside settlement limit, GDP1, PS2 apply. Adjoins SAC/ SSSI

CONSULTATIONS

Community Council: Holding objection to the proposal. Concerns that water may flow off landfill site and the equipment installed will result in potentially contaminated water entering Aberderfyn Brook. The Brook is a source of water for farm animals and wildlife and should be safeguarded.

Local Member: Unclear of the need for the developmentHighways: No objections subject to conditionsCCW No objections in principleOther representations: noneSite Notice: Expired 13/20/08 SPECIAL CONSIDERATIONS

Background: The application forms part of Welsh Waters’ objectives to upgrade and improve the sewerage facilities within Johnstown. (see also next application on agenda). There is an existing CSO (Combined Sewer Overflow) at the site, this is to be upgraded and a layby constructed. The development is to provide greater sewerage capacity during flood events and reduce the number of pollution incidents. The proposal does not have any connection to the adjoining land-fill site.

The modification and upgrading of the sewer equipment is permitted development.

The layby is required by Welsh Water in order to ensure the safety of officers visiting the equipment.

SSSI & SAC: The site lies close to the SSSI and SAC, however it is considered that as this site lies across a busy road (Bangor Road) and is isolated from the protected area then there will be no detrimental impact on the Newt population. CCW have no objections in principle.

Highways: Given the location of the sewer monitoring equipment adjacent to a busy road it is considered prudent that a permanent layby is constructed in order to maintain the free flow of traffic and ensure the safety of those requiring access to the equipment.

Other considerations: This development, together with the proposed spill pipe (next application) will facilitate an increased capacity in the sewerage system. This will reduce the number of incidences of discharge into the brook and flooding events in the local area, thus improving the local environment.

Page No 99

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Conclusion: I am satisfied that the proposed layby will not have a detrimental impact upon highway safety or the nearby brook and I therefore recommend that permission is granted.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.3. Prior to the first use of the layby the existing 'Johnstown' sign shall be relocated to the further satisfaction of the Highway Authority

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. In the interest of highway safety


The new layby should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under Section 38 of the Highways Act 1980_____________________________________________________________________

Page No 100



COMMUNITY:Ruabon

WARD:Ruabon

LOCATION:LAND ADJACENT TO BANGOR ROAD JOHNSTOWN WREXHAM

DESCRIPTION:PROVISION OF SPILL PIPE AND HEAD WALL

APPLICANT(S) NAME: DWR CYMRU WELSH WATER


CASE OFFICER: LB1

AGENT NAME:EGNIOL CONSULTING LTD

_____________________________________________________________________

SITE

See plan on previous report.

PROPOSAL

Provision of spill pipe and head wall – the pipe is buried in a mound 0.5 m above ground level.

HISTORY

Various applications at adjoining Hafod Quarry/Landfill site. None directly relevant to this proposalP/2008/0034 – Construction of layby and associated works . (Previous item)

DEVELOPMENT PLAN

Outside settlement limit, GDP1, PS2 apply. Adjacent to SSSI which was designated due to presence of Great Crested Newts.

CONSULTATIONS

Community Council: Holding objection to the proposal. Concerns that water may flow off landfill site and the equipment installed will result in potentially contaminated water entering Aberderfyn Brook. The Brook is a source of water for farm animals and wildlife and should be safeguarded.

Local Member: Unclear of the reasoning for the developmentCCW: no objections in principleEnvironment Agency: No objection but note that the development

should comply with the Agency publication ‘Pollution Prevention Guidance 5’

Highways: No objectionsPublic Protection: No objections

Page No 101

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Other representations: NoneSite Notice: Expired 13/20/08 SPECIAL CONSIDERATIONS

Background: The provision of the proposed pipeline is permitted development if the pipe were underground. In this instance the pipe will be above ground level (in a mound of 0.5m) and therefore permission is required.

This application has been put forward by Welsh Water to reduce the instances of untreated spillages into the Aberderfyn Brook. There is an existing CSO (Combined Sewer Overflow) at the site and this is to be modified and upgraded.

The proposal involves excavation of the land, laying of the pipe and then burying the pipe. This will result in a mound of approximately 0.5m in height along the length of the pipeline. The head wall will be constructed of pre-cast concrete to ensure no wet concrete will be used on the site.

SSSI & SAC: The proposed pipe lies adjacent to the SSSI and SAC, which were designated due to the presence of Great Crested Newts. Given the proximity of the SSSI it is conceivable that the adjacent field is used as a foraging area for newts, although it is likely that this area is not an optimal habitat for Newts. It is therefore considered important to ensure that the habitat is not damaged or newts harmed during the construction period.

The applicants have submitted a method statement indicating how the works will be undertaken and what steps will be incorporated in order to ensure that there was no detrimental impact upon the Newt habitat. The applicants have been in contact with CCW prior to the submission of the application and it is understood that there have been no objections raised, any further comments received from CCW will be reported on the addendum.

Once the works have been completed the resulting landscape will be as at present and would be acceptable in terms of habitat for Newts, it is however essential to ensure that Newts are not harmed during the construction phase of the development.

Other considerations: The proposed works are not linked to the landfill site and the existing CSO is not affected by runoff from that site. There is therefore no reason for this to impact upon drainage from the landfill.

Conclusion: I am satisfied that the proposed works are necessary to improve the capacity of the local sewerage network and that there will be minimal impact upon the adjacent Newt habitat. Providing that there are no adverse comments from CCW I recommend that permission is granted.

Page No 102



CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.3. Prior to the commencement of development newt proof fencing shall be erected around the boundary of the site in acordance with details which have previously been agreed in writing by the Local Planning Authority The fencing shall be retained intact during the whole of the construction period..

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. To protect Great Crested Newts in the Locality._____________________________________________________________________

Page No 103



COMMUNITY:Offa

WARD:Erddig

LOCATION: SQUIRE YORKE SONTLEY ROAD WREXHAM

DESCRIPTION:NEW SIGNAGE (IN RETROSPECT)

APPLICANT(S) NAME:MRS K TURTON THE SPIRIT GROUP LTD


CASE OFFICER: PF

AGENT NAME:ASHLEIGH SIGNS LIMITEDMISS C BINKS

_____________________________________________________________________

PROPOSAL

The application is made in retrospect. The proposal is to retain 8 signs within the curtilage of the public house. 7 of the 8 signs are replacement signs. The key alterations include a 1.2m x 1.2m Wacky Warehouse/Coffee Corner sign on the lower totem. The replacement car park directional sign is the same size as previously approved and is externally lit. An additional sign has been erected to the far north west of the site.

Page No 104


P/2005/0766 As above Erection of new signs (Partly in retrospect)

Granted 10/08/2005

P/2001/1177 As above Erection of signs Granted 11/03/200223088 As above Display of illuminated signs Refused 12/06/1995

(Dismissed on Appeal 12/12/1995)

23066 As above Extension to existing property and erection of indoor play facility

Granted 09/05/1995

DEVELOPMENT PLAN

Within settlement. Policies GDP1, PS2 and Local Planning Guidance Note 1 – Advertisements apply.

CONSULTATIONS

Community Council: Object. The establishment is a local facility situated in a residential area with no through traffic. There are currently far too many signs, which are obtrusive in this residential area.

Local Member: Notified 17.01.2008Highways: Consulted 17.01.2008Other representations: 4 neighbouring occupiers notified. 1 letter of objection

received raising the following concerns: The frontage of The Squire Yorke has too many

signs detrimental to visual amenity.Site Notice: Expired 10.02.2008

SPECIAL CONSIDERATIONS

Impact of signage: The signage on the building is replacement signage and there are alterations to the car park sign and the lower totem sign. The replacement signage is of similar scale to the previous. Given the building is set back into the site I do not consider that this signage will have a detrimental impact on the visual amenity of the area.

With regards the signage to front adjacent to the highway, the car park directional sign is a replacement, the same size as previous and externally illuminated. The bottom sign on the totem is slightly larger than previously approved and is double sided attached to the pole. An extra sign to the north has been placed (item 02). I consider that this sign is unnecessary and its presence has lead to visual clutter and a detrimental impact upon the street scene. An amended plan has been submitted to remove this sign (item 02).

Page No 105


Highways: The position of the car park directional sign is critical in terms of its impact upon visibility requirements for vehicles turning out of the site on to Sontley Road. The car park directional sign is mounted on existing posts. I have consulted Highways and their views will be reported in the addendum.

Illumination: The application documentation states that the illumination of the car park sign is to utilise the existing strip lamp and the lower totem sign is to utilise the external lamps at ground level. On this basis I am satisfied that that illumination on the site will not be increased nor cause detriment to residential amenity.

Conclusion: I consider that the replacement signage does not further impact upon the character of the area and with the removal of the additional sign (item 02) I recommend accordingly.


CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).

Page No 106

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 20086. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 250 candelas/sq.m.7. No light source to any sign(s) hereby granted consent shall be directly visible to drivers of motor vehicles using the adjacent highway.8. The signs hereby approved shall only be illuminated when the premises are open for customer use.9. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (or any Order revoking and re-enacting that Order with or without modification) no advertisement shall be displayed on the premises or within the site other than those hereby approved or previously given consent.10. The works granted consent shall only be carried out in strict conformity with the details shown on the approved amended drawing dated 15 February and in the application documentation.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.7. In the interests of highway safety.8. To protect the amenities of the occupiers of nearby properties.9. To minimise clutter and to avoid excessive display to the detriment of the visual amenities of the area.10. To ensure that the development fully complies with the appropriate policies and standards.


The applicant is reminded that the erection of any other signage, including banner signs, will require a separate application for advertisement consent to the Local Planning Authority as required by Condition No 9._____________________________________________________________________

Page No 107



COMMUNITY:Cefn

WARD:Plas Madoc

LOCATION:LAND IN FRONT OF NOS. 9 - 11 BODLYN ACREFAIR WREXHAM

DESCRIPTION:CONSTRUCTION OF OFF STREET / ON STREET PARKING FACILITIES

APPLICANT(S) NAME: WREXHAM COUNTY BOROUGH COUNCIL


CASE OFFICER: PF

AGENT NAME:WREXHAM COUNTY BOROUGH COUNCILS STEVENS - OPERATIONAL MANAGER - ENGINEERING

_____________________________________________________________________

SITE

PROPOSAL

Page No 108

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Alterations to the existing parking area and play area to create extra parking facilities including the provision of a new turning head and localised widening of the roadway. 15 car parking spaces are proposed two of which are disabled spaces.

HISTORY

None.

DEVELOPMENT PLAN

Within settlement. Policies GDP1 and PS2 apply.

CONSULTATIONS

Community Council: Objects on he basis of the removal of the trees.Local Member: Objects on the basis that trees, which have been

looked after by local residents, are to be removed.

Other representations: 19 neighbouring occupiers notified. 2 letters of objection received raising the following concerns:

The plan has deviated from the consultation plan shown to residents.

The shrubbery, plants and flowers have been looked after by residents for years.

There is already a large car park located adjacent to Bran.

The existing trees are decorative and ecological/environmentally important.

Site Notice: Expired 15.02.2008


Background: The site at present constitutes an access road to the rear of the properties. There are no formal parking arrangements and vehicles are parking in the turning head and on the grass verges. The schemes of improvements were originally put to residents as part of a consultation process, however, the scheme submitted for the planning application differed. Following further discussion between the applicant and residents, further amendments have been submitted. It is the scheme submitted that must be determined in this instance.

Layout and amenity: The proposal seeks to utilise the existing road layout and extend the parking area into the play area. This play area is gated and appears to be in an untidy and unused condition. There are five cherry trees at this site, 3 of which are to be removed. These trees in an area of dense population such as Plas Madoc do make a positive contribution to the visual amenity of the area and their removal would not be desirable. I have suggested amendments which allow most of the trees to be retained and replacement planting for any lost..

Page No 109

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Conclusion: I understand that residents have been reconsulted by the local Estate Office and Engineering Services. I am currently awaiting plans to show this amendment scheme and I will reconsult with the adjoining occupiers.

RECOMMENDATION

That delegated powers be granted to the Chief Planning Officer to determine the application accordingly when the reconsultation period expires, provided no new issues arise, subject to the following conditions:-


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.3. The planting scheme hereby approved shall be carried out and completed during the first planting season following the commencement of building operations. Such planting shall thereafter be maintained for a minimum period of five years and any tree or shrubs that dies or is vandalised during the maintenance period shall be replaced with one of a similar species.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area._____________________________________________________________________

Page No 110



COMMUNITY:Maelor South

WARD:Overton

LOCATION: SITE ADJOINING PENLEY HOSPITAL PENLEY WREXHAM

DESCRIPTION:CONSTRUCTION OF COMMUNITY AND ACTIVITY CENTRE FOR THE ELDERLY

APPLICANT(S) NAME: PENLEY RAINBOW CENTRE


CASE OFFICER: KH

AGENT NAME:T A C P

_____________________________________________________________________

THE SITE

0.27 hectares of vacant land. The site is bounded by newly built residential properties to the north and east.

PROPOSAL

Reserved matters application for the construction of Community and Activity Centre for the elderly. Access to the site is via the existing access which serves the adjoining hospital.

New houses

Site

Page No 111


Outline for erection of Community Centre and Activity Centre for the elderly Permission Granted 08.05.07

DEVELOPMENT PLAN

Within settlement limit, Policy GDP1 of the UDP refers.

CONSULTATIONS

Community Council: Welcome building of a new Community and Activity Centre for the Elderly and no objection to the exterior. However, the internal layout is entirely unsuitable for use of a Community Centre on the following Grounds;1. None of the rooms could accommodate parties,

lunches, dances etc,2. Insufficient storage for tables and chairs needed for

functions or activities in the building whilst;3. Kitchen is poorly located with regards to deliveries,

rubbish, ventilation etc and should have an exterior wall.

Based on the above comments the application should be rejected.

Local Member: Notified 23.01.08Public Protection: Consulted 23.01.08Highways: No objectionsEnvironment Agency: Consulted 23.01.08Other representations: NoneSite Notice: Expired 29.02.08


Use: A couple of rooms may be available for general public use on a more regular basis whilst opportunities may also exist for the main body of the building for general community use. The predominant day time use will however be as an activity centre for the elderly. The Community Council have objected to the internal layout as size of rooms could preclude general Community use whilst activities and storage areas to accommodate functions are inadequate. I cannot however influence the internal design and the extent to which the building can be used for general community purposes.

Amenity: The proposed building is bounded by residential properties to the north and east. Separation distances, orientation of windows and proposed additional planting will ensure no significant loss of privacy or light whilst the design ensures it will not be overbearing. Restricting the hours the building can be used at night for general Community use will help ensure it is not to the detriment of nearby residential occupiers. Members may recall that the Committee agreed to allow a trial one year period with longer opening hours on Fridays and Saturdays (see condition 6).

Page No 112

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Conclusion: I am satisfied the design will complement positively to the streetscene, the provision of the building and its use will not significantly impact on residential amenity whilst the existing access is suitable to cater for the increased movements.


CONDITION(S)

1. The development hereby approved shall be commenced before 08.05.20122. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes.4. Within 3 months of commencement of development on site, full details of both hard and soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details.5. Within six months of the first use of the development, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved by the Local Planning Authority. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted.6. For 12 months from the date of the first occupation, the hours of use of the development shall be strictly limited to 0700 hours to 2230 hours (Sundays to Thursdays) and 0700 hours to 2330 hours (Fridays to Saturdays). Thereafter unless the prior permission has been granted by the Local Planning Authority, the development shall only be used between the hours of 0700 hours and 2230 hours7. Full details of a scheme to manage the general community use of the building including measures to prevent the potential for noise and disturbance shall be submitted to and approved in writing by the Local Planning Authority for consideration before the use commences and once approved shall only be carried out in full accordance with such details.8. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.9. Full details of warning signs within the principal Penley Road A539, on both sides of the access, warning of the possible presence of elderly pedestrians shall be submitted to and approved in writing by the Local Planning Authority. No part of the building shall be occupied until the works as approved have been fully implemented10. Full details of finished floor levels in relation to existing adjoining residential development shall be submitted to and approved in writing by the Local Planning Authority. Works shall be carried out strictly in accordance with the details approved.11. Details of all boundary means of enclosure shall be submitted in writing for the further approval of the Local Planning Authority. The works as approved shall be fully implemented in accordance with a timescale to be agreed as part of the

Page No 113

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008submitted details. The works as implemented shall be retained thereafter unless otherwise agreed in writing with the Local Planning Authority.

REASON(S)

1. To comply with Section 92 of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. 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.4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.6. To protect the amenities of the occupiers of nearby properties.7. To protect the amenities of the occupiers of nearby properties.8. To ensure that the development fully complies with the appropriate policies and standards.9. In the interests of the safety of elderly pedestrians10. To protect the amenities of the occupiers of nearby properties.11. In the interests of nearby amenity and the general visual amenities of the area.


Due to the proximity of the development to residential properties construction works, ancillary works and the use of plant or machinery audible at or beyond the site boundary shall only be carried out between the hours of 0730 and 1930 (Monday to Friday) and 0800 to 1400 Saturday and at no time on Sundays or Bank Holidays.

With regards to Condition 09, you should discuss with the Council's Highways Department, the cost and implementation of the scheme.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information"._____________________________________________________________________

Page No 114



COMMUNITY:Broughton

WARD:Bryn Cefn

LOCATION: LAND AT GWALIA ROAD PENTRE BROUGHTON WREXHAM

DESCRIPTION:ERECTION OF 4 NO. TWO BEDROOMED FLATS AND CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS

APPLICANT(S) NAME: PRICEHARRIS DEVELOPMENTS LTD


CASE OFFICER: SJG

AGENT NAME:BLUE PRINT

_____________________________________________________________________

SITE

PROPOSAL

As above. The building is sited on the lower level fronting Gwalia Road, with a parking area for 6 cars on the north side. A shared amenity area is located to the east fronting dwellings on higher land. Cross-sections and levels have been supplied.

site

Page No 115

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008RELEVANT HISTORY

P/2004/0702 Outline for residential development & access Granted 22/7/2004P/2005/1400 Outline for 3 dwellings Granted 8/5/2006 P/2007/0970 4 apartments, parking area and access Refused 23/10/2007

DEVELOPMENT PLAN

Within settlement limits. Policies GDP2 H2 T8 EC11 and GDP1 of UDP are relevant, together with LPGN 16 and 21.

CONSULTATIONS

Broughton C Council: Concerned that there is insufficient off street parking included in the proposals

Local Member: Consulted 23/1/2008Highways: Consulted 23/1/2008Public Protection: Comments regarding construction worksAirbus Broughton: No objectionsEnv Agency: Standard advice appliesWelsh Water: Recommend conditionsEducation: Schools contribution of £15,840 required for both primary

and secondary school places at Pentre Broughton primary school and Gwersyllt High School.

CPAT: Recommend condition with regard to the defences of Bryn-y-Gaer Hillfort

Site Notice: Expired 14/2/2008Other representations: Adjoining occupiers notified 24/1/2008

3 objections received on grounds of:a. No details of amenity area and how it is to be accessed.

There should be no access to this area from Church View as it is narrow with no pavement.

b. Detrimental impact on privacy and amenity of adjoining dwellings to east by reason of levels, amenity area and proximity.

c. Land contains a rampart of a former Iron Age hillfortd. Additional traffic on narrow road, close to a bend and

car park, used by schoolchildren would be dangerous.e. Inadequate parking provision will lead to on-street

parking on adjoining roads. f. Plans do not include cross-sections and do not take

account of rocky outcrop. g. Concerns over stability of land above siteh. Over-development of a small site


Layout/ separation distances: The depth of the building has been reduced by 1.5 metres, giving greater space for rear gardens and increased separation distances from the dwellings above. The overall footprint is almost identical to the approved scheme

Page No 116

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008for 3 terraced dwellings, and achieves compliance with separation distances. The impact on the dwellings to the east is reduced by the at least 2 metre lower floor level of the proposed dwellings. The amenity space provision is also much improved from the 2007 scheme.

Loss of trees: The removal of trees was accepted under the 2005 permission, and site clearance work took place last year.

Highway safety/parking: There are still concerns over the reduced parking provision (6 spaces instead of the required 8). Provision has been made for a turning facility. Consideration must be given on the positive side to: the good visibility and adequate width of Gwalia road, the Council car park opposite, the fact that the units are 2 bedroom with no scope for extensionbut on the negative side to: Gwalia Road carries a high volume of local traffic and serves as a bus route, There are no waiting restrictions at present There is a bus stop outside the site.

On balance it is considered that a reduced provision is acceptable in this case bearing in mind the new guidance from the Welsh Assembly Government contained in TAN18.

Archaeology: An investigation would be required as part of the development

Schools Contributions: As the development is now for 4 dwellings, contributions are required. Pentre Broughton primary school is over-subscribed, and the approved developments at Brymbo steelworks mean that Gwersyllt High school will be over-subscribed,

Conclusion: It is considered that the revised scheme addresses the issues raised in the previous application, and I recommend accordingly.

RECOMMENDATION A

That the Council enters into an obligation under section 106 of the Town and Country Planning Act 1990, requiring:a. A contribution towards primary and secondary school provision of £15,840.b. The Chief Planning Officer be given delegated authority to determine the final

form and content of the obligation.

RECOMMENDATION B

That planning permission be granted on completion of the obligation, subject to the following conditions:

Page No 117


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.3. 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.4. The site shall be developed in accordance with the ground and floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority.5. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).6. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes.7. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details.8. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 7. The works shall be carried out within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use.9. All trees, shrubs and hedge plants supplied shall comply with the requirements of the current BS 3936 Specification for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirement of the current BS 4428 Code of Practice for General Landscape Operations (excluding hard surfaces). All new tree planting shall be in accordance with section 13 of BS 5837 Trees in Relation to Construction Recommendations (2005).10. No part of the development shall be occupied until the works for disposal of foul and surface water drainage have been provided in accordance with the approved plans.11. The proposed access shall have a visibility splay of 2.4m x 56m in the north direction measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction.

Page No 118

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200812. The proposed access shall have a visibility splay of 2.4m x 33m in the south direction measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction.13. The access shall be hard surfaced for a distance of 5m behind the highway boundary before the development is brought into use.14. No development shall take place within the application site, including any ground disturbance works until the applicant, or their agents or successors in title, has secured the implementation of a programme or archaeological work in accordance with a written scheme of investigation which has been submitted to the applicant and approved in writing by the Local Planning Authority.15. Details of boundary treatment and retaining walls shall be submitted to the Local Planning authority within 1 month of commencement of development and the development shall only be carried out in strict conformity with such details as are thereby approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.4. To ensure that the development fully complies with the appropriate policies and standards.5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.6. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.7. To ensure a satisfactory 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 a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.10. To ensure satisfactory drainage of the site and to avoid flooding.11. For the safety and convenience of all pedestrians, but in particular, the elderly, the disabled and wheelchairs, pram, and pushchair users.12. For the safety and convenience of all pedestrians, but in particular, the elderly, the disabled and wheelchairs, pram, and pushchair users.13. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.14. The site is considered to be of considerable archaeological interest and it is important that the opportunity created by the development to expose the history of the land is not lost.

Page No 119

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 200815. To ensure that the development fully complies with the appropriate policies and standards.


You are advised that this grant of planning permission was made following the completion of an Agreement under Section 106 of the Town and Country Planning Act. Before undertaking any work under this permission you are advised to obtain full details of the Agreement and ensure that you are able to comply with its terms.The proposed development lies within a former coal mining area. You should take account of any hazards to stability which may arise from coal working in or near the site. Specific advice on any past working may be obtained from the Coal Authority Mining Reports Service. Phone 0845 762 6848 or from www.coal.gov.uk.



The stability of the site shall remain the responsibility of the developer.

You should check carefully that the levels agreed as part of this permission are complied with. Any divergence from these levels is likely to invalidate your permission and could result in enforcement action which could require demolition of the building(s).When preparing detailed drawings and/or implementing this permission you are advised to give full consideration to the housing needs of the disabled.

Please note the attached comments from the Environment Agency, Public Protection and Clwyd-Powys Archaeological Trust._____________________________________________________________________

Page No 120



COMMUNITY:Acton

WARD:Borras Park

LOCATION: 2 BIESTON CLOSE WREXHAM

DESCRIPTION:EXTENSIONS TO BOTH SIDES OF DWELLING TO PROVIDE TWO EN-SUITE BATHROOMS AND SUN LOUNGE AND STUDY.

APPLICANT(S) NAME:MR N GRIFFITHS


CASE OFFICER: PF

AGENT NAME:MR N GRIFFITHS

_____________________________________________________________________

SITE

PROPOSAL

To extend the dwelling on the south eastern and north west elevations. The south eastern extension will consist of two en-suit bathrooms and will project 2.5 metres with a rounded hipped roof. The north western extension will provide a sun room and study, stepped against the boundary with a maximum projection of 3.3 metres.

Page No 121


P/2002/0729 As above Single storey flat roofed extension

Granted 28/08/2002

DEVELOPMENT PLAN

Within settlement. Policies GDP1, PS2 and LPGN 20- House Extensions applies.

CONSULTATIONS

Community Council: Consulted 28.01.2008 Local Member: Notified 28.01.2008Other representations: 8 neighbouring occupiers notified. 1 letter of objection

received raising the following concerns: Property will overlook the proposed extension on

the side of the dwelling and would look directly into the extension.

Site Notice: Expired 20.02.2008


Design: The position of the dwelling in relation to the boundary has resulted in the need to step the rear elevation of the north western extension. The roof line is set slightly lower than the existing dwelling. Given its position to the side/rear I do not consider that this design is detrimental to the character of the dwelling. The south eastern en-suite extension features a hipped roof. The projection of this is minimal and set lower than the existing ridgeline. Again I consider this acceptable.

Amenity: The dwellings most affected by this development are Nos. 3 and 5 Ffordd Cynan. The north western extension will not reduce any light to these dwellings and because the ground level of No. 2 Bieston Close is approximately 1.5 metres lower I do not consider that there will be any issue of overlooking. The plan submitted shows the side elevation fully glazed. Although this glazing will be seen from the dwellings on Ffordd Cynan I do not consider that it will be possible to see into or be seen from this extension. As part of any approval I would condition that the existing panel boarded boundary fence remains, as this is crucial in terms of maintaining privacy.

Conclusion: I am currently awaiting additional plans to confirm the detail of the rear elevation and changes to the glazed elevation, upon which it maybe necessary to carry out a reconsultation of the neighbouring occupiers. I recommend accordingly.

RECOMMENDATION

That delegated powers be granted to the Chief Planning Officer to determine the application accordingly when the reconsultation period expires, provided no new issues arise, subject to the following conditions.P/2008

CONDITION(S)

Page No 122


1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.3. No facing materials shall be used other than materials matching those used on the existing building.4. The existing close boarded boundary fence shall not be removed or reduced in height to below 1.5 metres (measured from ground level) without the prior written consent of the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure 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 protect the amenities of the occupiers of the adjoining dwelling.



You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans._____________________________________________________________________

Page No 123



COMMUNITY:Willington and Worthenbury

WARD:Bronington

LOCATION: TAWELFA TALLARN GREEN MALPAS

DESCRIPTION:ERECTION OF TWO STOREY DWELLING WITH DETACHED GARAGE. CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS AND INSTALLATION OF SEPTIC TANK.

APPLICANT(S) NAME: CB HOMES LTD


CASE OFFICER: LB1

AGENT NAME:SBS DESIGN

_____________________________________________________________________

SITE

PROPOSAL

Erection of two storey dwelling with detached garage, construction of new vehicular and pedestrian access and installation of septic tank.

Settlement limit

Page No 124


P/2007/1082 – Construction of 1 no. detached dwelling with garage. Withdrawn.

DEVELOPMENT PLAN

Within settlement limit, GDP1, PS2, :PGN 16, 20 & 21 apply.

CONSULTATIONS

Community Council: Consulted 29/01/08Local Member: Consulted 29/01/08Highways: Consulted 29/01/08Public Protection: No objection in principle subject to conditions.Welsh Water: No sewers in locality so no comment.Environment Agency: No objectionRamblers Association: No objections, footpath is opposite the site and

development will not impact upon itOther representations: One letter received expressing the following

concerns:There are no main drains in the area and the runoff from the septic tank will create flooding to the property to the rear. The plot of land appears to be of insufficient size to accommodate a septic tank.The proposed access would be close to the existing access for Temperance Hall and Pear Tree Cottage and obstruct visibility.

Site Notice: Expired 22/02/08 SPECIAL CONSIDERATIONS

The site: The plot of land lies on the main road through Tallarn Green within the settlement limit. The previous application on the site was withdrawn due to concerns over the siting and impact upon neighbouring properties.

The site is an area of relatively flat land that currently forms part of the garden area for Tawelfa. As the site lies within the settlement area for Tallarn Green there are no objections in principle to the development. The proposal is for a two storey property with detached garage. The plans also indicate the installation of a septic tank for the sole use of the property and a new vehicular access to the front.

Design and amenity: The design of the property is in keeping with the neighbouring houses and will not have a detrimental impact on the street scene. The front of the house will be in line with neighbouring property ‘The Crest’. Although this lies in front of Tawelfa there will be no adverse impact.

The property has been designed to ensure that there will be no overlooking to neighbouring properties. The separation distances are satisfactory and the dwelling passes the BRE tests in relation to neighbouring houses.

Page No 125


Drainage: Concerns regarding the proposed drainage were raised during the consultation of the previous application, as the issue had not been properly considered. The new application indicates that as there are no main sewers in the locality an independent septic tank is to be installed. The Building Control Section have advised that there is insufficient land for the proposed scheme and that currently the proposals in terms of drainage are unacceptable, however it should be possible to install a drainage system at the site.

The agent has been informed of the concerns and any further comments will be reported on the addendum. A condition will be placed on the permission to require drainage proposals to be submitted prior to the commencement of development to ensure that there will be no detrimental impact on adjoining land.

The neighbouring property has raised concerns regarding the surface water drainage and whether this will affect adjoining land given the slight slope in land levels. Public Protection have requested that percolation tests be carried out prior to the installation of surface water drains.

Highways: There is adequate parking provision at the property to provide a turning area and space to park 4 cars. The required visibility splays can be achieved without the loss of a large stretch of hedgerow and I am satisfied that the replanting of the hedge behind the visibility splay will maintain the current appearance of the land.

The proposed access to adjacent to the existing one for Tawelfa and some 14m from the lane to Temperance Hall and Pear Tree Cottage. As the hedge fronting the site is to be relocated behind the existing hedge line the visibility will be improved for those using the lane.

Conclusion: I am satisfied that the proposed dwelling and garage will not have a detrimental impact upon the street scene and I recommend accordingly.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.4. Notwithstanding the applicaion documentation no development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied

Page No 126

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 20085. No part of the development shall be occupied until the works for disposal of foul and surface water drainage have been provided in accordance with the approved plans.6. Any garage erected under this permission shall be used only for a purpose incidental to the use of that dwelling as a single dwelling house provided that such use shall not preclude the garaging of a private motor car.7. Visibility from the proposed access shall be 2.4 x 90m in both directions measured to the centreline of the adjoining highway in which there shall be no obstruction in excess of 1.0m in height.8. The proposed access shall be surfaced using hard bond materials for the first 5m behind the highway boundary with no gates being erected within 5m of the highway boundary.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. To ensure satisfactory drainage of the site and to avoid flooding.5. To ensure proper drainage of the site.6. To ensure that the garage is not used in a manner prejudicial to or likely to cause nuisance or disturbance to the occupiers of nearby properties and to ensure that facilities for the garaging of a car remain available at this address at all times.7. To ensure that adequate visibility is provided at the proposed point of access to the highway.8. To ensure that no deleterious material is carried onto the highway.


Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information"._____________________________________________________________________

Page No 127



COMMUNITY:Acton

WARD:Acton

LOCATION: 49 ELM GROVE WREXHAM

DESCRIPTION:BEDROOM AND EN-SUITE EXTENSION OVER EXISTING GARAGE.

APPLICANT(S) NAME:MR & MRS E WILLIAMS


CASE OFFICER: LG

AGENT NAME:MR B SMITH

_____________________________________________________________________

THE SITE

PROPOSAL

As above.

HISTORY

No History.

Site

Proposed first floor extension

Page No 128


DEVELOPMENT PLAN

Within settlement limit. UDP Policy GDP1 is relevant. Local Planning Guidance Notes No. 16 ‘Parking Standards’, 20 ‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Consulted 29.01.08. Re-consulted 12.02.08Local Member: No observations. Re-consulted 12.02.08Other Representations: Two letters of objection received objecting on the

following grounds: The new extension will substantially block light to the

back garden having an effect on amenity use of it and on the garden itself.

If this plan goes ahead there will be a blank wall facing a window at 12 feet away and it will reduce light.

The structure would mean that the properties become a terrace instead of semi-detached.

The noise and dust will cause concern if planning is given.

The following non-planning objections were also raised: The party wall is a single brick structure and no access

to it from my side. The garage roof will be damaged if planning is given. The value of property will be affected.

Re-notified 12.02.08.Site Notice: Expired 19.02.08.


Background: The existing dwelling is a semi-detached property with a link-detached garage. The proposal is to create a further bedroom by having a first floor extension above the existing ground floor garage. Amended plans have been received to address concerns regarding design and appearance.

Residential Amenity: The proposed extension is acceptable with regards to daylight and sunlight and accords with the British Research Establishment 45 degree daylight test.

The proposed extension will be located around 3.7 metres from the neighbouring dwellings first floor landing window. This window is not to a habitable room and Council guidance does not seek to protect the light to this window. Although there will some reduction light to the landing it is not considered to be significant or detrimental.

The proposed window on the rear elevation is to an en-suite bathroom and will be conditioned obscurely glazed to protect the privacy of the neighbouring dwelling.

Page No 129

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Appearance: The amended plans show the extension to be set back from the both the existing front and rear elevations with a clearly lower ridgeline to the original dwelling. This allows the extension to appear subsidiary to the main property. The extension does not create a terracing affect however the set back and lower ridgeline create a clear visual break between the original property and the extension.

The continuation of the front canopy across the extension and garage maintains the character and appearance of the existing dwelling. The proposal accords with the character of the area and would have little impact on the current street scene.

Parking: The number of bedrooms will increase from 3 to 4 so there is no increased demand for parking.

Conclusion: The proposed extension reflects the scale, design and appearance of the original property and accords with the character of the area. The proposal would not result in a detrimental loss of amenity to the surrounding dwellings and I recommend accordingly.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. No facing materials shall be used other than materials matching those used on the existing building.3. The development shall only be carried out in accordance with the amended plan(s) dated 11 February 2008.4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 any window or opening in the east elevation shall only be glazed or re-glazed using obscure glass.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that the development fully complies with the appropriate policies and standards.4. To protect the amenities of the occupiers of nearby properties.



Page No 130

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority.

The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property.


Any operations which may involve entry into former workings, shafts or adits or implementation of site investigations or other works may need permission from the Coal Authority._____________________________________________________________________

Page No 131



COMMUNITY:Llay

WARD:Llay

LOCATION: UNIT 9 AERIAL ROAD LLAY INDUSTRIAL ESTATE WREXHAM

DESCRIPTION:CHANGE OF USE FROM LIGHT INDUSTRIAL TO M.O.T. TESTING & VEHICLE SERVICING.

APPLICANT(S) NAME: AUTO SALES CHESHIRE & NORTH WALES


CASE OFFICER: MP

AGENT NAME:AUTO SALES CHESHIRE & NORTH WALES

_____________________________________________________________________

SITE

The application site is one of 9 light industrial units located between Aerial Road and Pinfold Lane on the Llay Industrial Estate.

PROPOSAL

To convert the existing light industrial/storage unit (B1/B8 use) to on MOT testing (a use that falls outside any Use Class) and vehicular servicing (B2) use

Page No 132


No recent relevant planning history.

DEVELOPMENT PLAN

Inside settlement limit. Policy GDP1 applies.

CONSULTATIONS

Community Council: Notified 29.1.08Local Members: Notified 29.1.08Highways: No observations.Public Protection: The development does have the potential to cause noise

nuisance to neighbouring properties. If permission is granted a condition to control the hours of usage should be attached. A condition also recommending full details of all machinery and power tools and noise mitigation measures are submitted.

Environment Agency: Recommend conditions to control drainage from the site so as to prevent pollution of the water environment.

Other representations: 2 letters received expressing the following concerns:- use of power tools, grinding etc late at night as the

premises is very close to dwelling. How will this be regulated;

- families in Acacia Court should not be expected to cope with excessive noise of garage power tools and machinery at any time of day or night.


Principle of development: The site forms part of an existing industrial estate so there is no policy objection in principle to the proposed uses. Given the proximity of the site to residential properties (the nearest dwelling is some 30m from the site), the development does need to be considered in light of policy GDP1(f) which seeks to protect the amenity of the public.

Amenity: The proposed use does have the potential to generate more noise than those falling within the existing use class, however I do not believe the development will unacceptably impact upon residential amenity for the following reasons: i) The main entrance to the building faces away from the residential properties

and onto the access road running to it and adjacent units from Aerial Road and Pinfold Lane. It is therefore likely that any noise associated with the repair/servicing of motor vehicles will be directed away from the residential properties;

ii) Both the site and the nearby residential properties are adjacent to the B5102, which is currently a busy road and one of the main sources of noise in the

Page No 133

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008locality at present, particularly during the day. It is my view the development will not result in significant additional noise/disturbance;

iii) The impact of the development can be minimised by imposing restrictions on the hours the premises can be used for the proposed purpose.

Motor vehicle repairs falls within Use Class B2 (General Industry), therefore if this permission was granted without restrictions, it would be possible for future users to operate any general industrial use from the premises. Other general industrial users could well prove harmful to residential amenity, therefore the use of the premises will be restricted specifically to that proposed by condition.

Parking: The development is to provide 9 parking spaces, 2 of which will be to mobility standard. I consider this to be adequate for the size of premises.

RECOMMENDATION

That following the expiry of the consultation period (12 March 2008) and provided no new issues are raised, the Chief Planning Officer be given delegated powers to grant the planning permission subject to the following conditions.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order no part of the premises shall be used except for the precise purposes described in the application plans and documents.3. No use of the development shall be made before 08.00 or after 18.00 hours Monday to Friday, and before 09.00 or after 16.00 hours on Saturday and at no time on Sunday and Bank Holidays.4. No storage shall take place in the open on any part of the site.5. No plant or machinery shall be operated on any part of the site other than within the existing building.6. No retailing shall take place from any part of the site.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. The unrestricted use of the premises would prejudice the amenities of the occupiers of nearby properties.3. To protect the amenities of the occupiers of nearby properties.4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.5. To protect the amenities of the occupiers of nearby properties.6. To ensure the premises is not used for purposes prejudicial to the amenities of nearby occupiers or that do not accord with policies of the adopted development plan._____________________________________________________________________

Page No 134



COMMUNITY:Brymbo

WARD:Minera

LOCATION: GLYN HEDD LLANARMON ROAD BWLCHGWYN WREXHAM

DESCRIPTION:CONSTRUCTION OF NEW VEHICULAR ACCESS AND HARDSTANDING

APPLICANT(S) NAME: GILL MCNAMARA


CASE OFFICER: LB1

AGENT NAME:GILL MCNAMARA

_____________________________________________________________________

SITE

The site is about 500 m north of the Moors Inn.

PROPOSAL

As above.

HISTORY

P/2007/0924 – Two storey extension. Granted 03/09/07

Page No 135

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008P/2007/0794 Construction of new vehicular access to Glyn Hedd and land. Refused

15/08/07

DEVELOPMENT PLAN

Lies outside settlement limit, GDP1, PS2 apply.

CONSULTATIONS

Community Council: Object to the proposal for the following reason: The application appears to contravene GDP1(d)

which seeks to ensure safe and convenient pedestrian and vehicular access to and from the site.

The site is below the brow of the hill and there is limited vision of traffic approaching from the right (when leaving the site).

Vehicles along this stretch of road travel at excessive speeds, this new access will therefore be dangerous.

Local Member: Notified 31/01/08Highways: No objections subject to conditions (see below)Other representations: Neighbouring properties notified 31/01/08Site Notice: Expired 22/01/08 SPECIAL CONSIDERATIONS

Proposal: There was a previous application at the property, however this was further down the hill and involved a track across the adjacent field. This proposal was refused on the basis that the visibility was inadequate. The property has since changed hands and the adjacent field is not in the ownership of the current owners.

The proposed new access is adjacent to the property and does not involve the creation of a track across the field. There is an existing outbuilding adjacent to the proposed access and the hardstanding in this area will be widened. The new access will be approximately 5m wide and the wall to the south of the property will be lowered to a height of 0.85m.

The existing access is immediately adjacent to the neighbouring property and there is a wall to the front of this property that is outside of the applicant’s control, which is approximately 1m high.

Highways: Llanarmon Road is a classified highway on which the national speed limit applies. As the site lies at the just below the brow of a hill it is possible to achieve the required visibility to the north, however visibility to the south is impeded by the contours of the land.

The existing access, immediately adjacent to the neighbouring property therefore suffers from inadequate visibility splays which is compounded by the high wall and

Page No 136

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 2008proximity of the neighbouring house. Additionally the access is narrow creating difficulty for movement of vehicles.

Whilst the proposed access does suffer from inadequate visibility, in particular to the south, I am of the opinion that, on balance the proposed access would be an improvement to the current situation. The existing access should be closed once the new access has been formed and the wall a condition will be in place to ensure that the maximum visibility is achieved.

Conclusion: The replacement of the existing access with the proposed will be an improvement to the existing situation and I therefore recommend accordingly.


CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission.2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.3. Upon first use of the new access, the existing vehicular access shall be permanently closed and abandoned.4. The boundary wall fronting the property shall be lowered to height of 0.85 metres prior to the first use of the access and thereafter permanently retained at that height.5. No gates shall be erected within 5m of the highway boundary6. The proposed parking area hereby granted permission shall be permanently retained solely for that purpose7. The access shall be a minimum of 4.5m wide and shall be hard bound in a bituminious material for a minimum distance of 5m behind the highway boundary8. The proposed access shall have a visibility splay of 2.4 x 33m in a southerly direction measured to the nearside edge of the adjoining highway within which there shall be no obstruction in excess of 1m in height9. The proposed access shall have a visibility splay of 2.4 x 25m in a northerly direction measured to the centre line of the adjoining highway within which there shall be no obstruction in excess of 1m in height10. The width of the hardstanding shall be increased in length by 3m in a southerly direction from 15m to 18m11. No water of any kind shall be permitted to flow from the site on to the highway or into the highway drainage system.12. The centre line of the new access to the site shall be positioned 23m north of the centre line of the existing access.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. In the interests of Highway Safety

Page No 137

REPORT OF THE CHIEF PLANNING OFFICER – 3 March 20084. To ensure adequate visibility is achieved5. In the interests of highway safety6. To provide sufficient off-street parking for the property7. To ensure that no deletrious material is carried onto the highway8. To ensure the formation of a safe and satisfactory highway in the interests of highway safety9. To ensure the formation of a safe and satisfactory highway in the interests of highway safety10. To provide for the parking and turning of vehicles clear of the public highway11. In the interests of highway safety12. To ensure the formation of a safe and satisfactory highway in the interests of highway safety


The applicants attention should be drawn to the following supplementary notes; 1, 3, 4, 5._____________________________________________________________________

Page No 138


LIST OF DELEGATED DECISIONS ISSUED

COE P/2007/0607GRANTEDon 07/02/2008

Land at and in the vicinity of Terfynfa 12 Smelt Road Coedpoeth Wrexham LL11 3SH

Outline application for erection of 9 dwellings and alterations to vehiclular and pedestrian access.

GWE P/2007/1026GRANTEDon 18/02/2008

Pendine Medical Centre Summerhill Road Wrexham LL11 4YE

Erection of 64 bedroom dementia care unit.

GRE P/2007/1166REFUSEDon 18/02/2008

48 Wynnstay Lane Marford Wrexham LL12 8LG

Erection of detached dwelling.

BRO P/2007/1175WITHDRAWNon 05/02/2008

Amenity Land Cae Merfyn Tanyfron Wrexham LL11 5SS

Multi use games area with fencing and floodlights

RHO P/2007/1188GRANTEDon 20/02/2008

20 Market Street Rhosllanerchrugog Wrexham LL14 1AF

Erection of fence (in retrospect).

COE P/2007/1189GRANTEDon 11/02/2008

Plas Power Home Farm Buildings Ruthin Road Wrexham LL11 3BP

Change of use of farm buildings into 8 no dwellings with associated garage and new access

COE P/2007/1215GRANTEDon 08/02/2008

14 Heol Offa Coedpoeth Wrexham LL11 3EN

Certificate of lawfulness for existing use as garden area

WRA P/2007/1314GRANTEDon 01/02/2008

27 Little Acton Drive Wrexham LL12 8DH

Construction of en-suite bedroom in roof space.

MIN P/2007/1352GRANTEDon 10/01/2008

City Arms Minera Wrexham LL11 3DU

Erection of store room and re-siting of previously approved garage.

RHO P/2007/1361REFUSEDon 30/01/2008

Legacy Service Station Vinegar Hill Rhosllanerchrugog Wrexham LL14 1EH

Residential development (18 no. 2 and 2.5 storey mews style dwellings), construction of new vehicular and pedestrian access and associated site works.

WRR P/2007/1363GRANTEDon 08/02/2008

The Seven Stars Public House 18 Chester Street Wrexham LL13 8BD

Listed Building Consent for removal of felt roof and pitched parapet wall to form new flat roof

WRC P/2007/1374REFUSEDon 15/02/2008

Tesco Store Holt Road Wrexham LL13 8HF

Temporary car park extension

GRE P/2007/1393REFUSEDon 28/01/2008

Hillside Hoseley Lane Marford Wrexham LL12 8YE

Alteration and extension to provide dining room, study and master bedroom suite.

ISY P/2007/1399GRANTEDon 24/01/2008

Ridley Wood Farm Isycoed Wrexham LL13 9US

Re-location of agricultural building for fodder storage previously granted under code no. P/2006/0032.

WOR P/2007/1402GRANTEDon 15/02/2008

Broughton House Threapwood Malpas Cheshire SY14 7AN

Single storey extension to enlarge existing kitchen, form dining area and playroom.

RHO P/2007/1411GRANTEDon 13/02/2008

MAN TEG POPLAR AVENUE RHOSLLANERCHRUGOG WREXHAM LL14 1AE

INTERNAL ALTERATIONS, TWO-STOREY EXTENSION AND NEW PITCHED ROOF TO GARAGE

ISY P/2007/1412GRANTEDon 23/01/2008

BRIDGE ROAD BUSINESS PARK ASH ROAD SOUTH WREXHAM INDUSTRIAL ESTATE WREXHAM LL13 9PS

RELAXATION OF CONDITION NO. 8 OF PLANNING PERMISSION CODE NO. P/2007/0433 TO REMOVE REQUIREMENT FOR RIGHT HAND TURNING LANE

Page No 139


RHO P/2007/1416GRANTEDon 31/01/2008

LAND AT HALL STREET/JONES STREET RHOSLLANERCHRUGOG WREXHAM LL14 1AS

ERECTION OF 2 NO. TWO BEDROOM FLATS AND CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS

LLA P/2007/1418GRANTEDon 24/01/2008

CROWN INN LLAY WREXHAM LL12 0NT

ERECTION OF OUTDOOR SMOKING SHELTER IN THE FORM OF A PERGOLA

CEF P/2007/1420REFUSEDon 28/01/2008

LAND ADJACENT TO AIR PRODUCTS SPORTS & SOCIAL CLUB BETHANIA ROAD/LLANGOLLEN ROAD ACREFAIR WREXHAM

ERECTION OF 45 NO. RESIDENTIAL UNITS WITH NEW ACCESS, LANDSCAPING AND ANCILLARY DEVELOPMENT.

COE P/2007/1421GRANTEDon 23/01/2008

60 HIGH STREET COEDPOETH WREXHAM LL11 3SD

CONTINUED PARKING AND OPERATION OF 1 NO. PRIVATE HIRE VEHICLE (PREVIOUSLY GRANTED UNDER CODE NO. P/2006/1287) ON A PERMANENT BASIS.

MIN P/2007/1425REFUSEDon 25/01/2008

THE CITY ARMS MINERA WREXHAM LL11 3DU

CERTIFICATE OF LAWFULNESS FOR EXISTING USE OF AGRICULTURAL LAND AS DOMESTIC GARDEN.

CEI P/2007/1430GRANTEDon 28/01/2008

BRYNAFON NANT Y GLOG LLANARMON D C LLANGOLLEN LL20 7LF

ERECTION OF WOODEN SHED (IN RETROSPECT)

BRY P/2007/1432GRANTEDon 25/01/2008

FORMER COMMUNITY CENTRE AEL Y BRYN BRYMBO WREXHAM LL11 5DB

OUTLINE PLANNING PERMISSION FOR DEMOLITION OF EXISTING BUILDING AND RESIDENTIAL DEVELOPMENT.

WRA P/2007/1433GRANTEDon 25/01/2008

18 DENBIGH CLOSE BORRAS WREXHAM LL12 7TW

PARKING AND OPERATION OF 1 NO. PRIVATE HIRE VEHICLE FOR AIRPORT TRANSFERS AND SCHOOL TRANSPORT.

WRC P/2007/1434GRANTEDon 24/01/2008

15 FENWICK DRIVE WREXHAM LL13 9BY

EXTENSION TO DWELLING TO FORM ADDITIONAL BEDROOM AND EN-SUITE.

WRC P/2007/1435GRANTEDon 28/01/2008

OPPOSITE NUMBERS 79-101 DEVA WAY WREXHAM LL13 9HB

ON STREET PARKING.

RUA P/2007/1436REFUSEDon 04/02/2008

THE GREAT HALL WYNNSTAY HALL ESTATE RUABON WREXHAM LL14 6LA

CHANGE OF USE FROM C3 (DWELLING HOUSE) TO C1/C3 JOINT USE (DWELLING/GUEST HOUSE).

WRR P/2007/1437GRANTEDon 28/01/2008

TY MYNYDD NEW ROAD WREXHAM LL11 2HD

OUTLINE PLANNING APPLICATION FOR DEMOLITION OF EXISTING BUILDINGS AND RESIDENTIAL DEVELOPMENT FOR 2 NO. DWELLINGS.

BRN P/2007/1438GRANTEDon 06/02/2008

LAND AT PEN Y BRYN VIEW HIGHER WYCH MALPAS CHESHIRE SY14 7JU

CHANGE OF USE FROM AGRICULTURAL TO GRAZING OF HORSES. NEW STABLE FOR WINTER STORAGE FOR HORSES AND STORAGE FOR FOOD.

ROS P/2007/1442GRANTEDon 01/02/2008

5 BROADOAKS ROSSETT WREXHAM LL12 0FA

SIDE AND REAR SINGLE STOREY EXTENSION TO DWELLING.

BRN P/2007/1448GRANTEDon 24/01/2008

FAIRVIEW 9 BRONINGTON PARK BRONINGTON WHITCHURCH SY13 3EP

REAR CONSERVATORY

COE P/2007/1449GRANTEDon 13/02/2008

34 BRYN DRIVE COEDPOETH WREXHAM LL11 3LJ

TWO STOREY EXTENSION

ESC P/2007/1450GRANTEDon 24/01/2008

LAND ON SPRING ROAD RHOSTYLLEN WREXHAM LL14 4DY

ERECTION OF DETACHED BUNGALOW AND GARAGE AND CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS.

Page No 140


GWE P/2007/1451GRANTEDon 30/01/2008

39 WESTBURY DRIVE PANDY WREXHAM LL12 8PZ

SINGLE STOREY EXTENSION TO KITCHEN

BRO P/2007/1454GRANTEDon 28/01/2008

VACANT LAND 14 CEFN ROAD LODGE WREXHAM LL11 5NP

RENEWAL OF OUTLINE APPLICATION FOR ERECTION OF DWELLING (PREVIOUSLY GRANTED UNDER CODE NO. P/2004/1597)

GWE P/2007/1461GRANTEDon 30/01/2008

A A BUTLER & CO. (WREXHAM) LTD RHOSDDU INDUSTRIAL ESTATE RHOSDDU WREXHAM LL11 4YL

EXTENSION TO EXISTING BUILDING FOR STORAGE USE (B8)

ESC P/2007/1463GRANTEDon 25/01/2008

CROESFOEL ROUNDABOUT RHOSTYLLEN WREXHAM LL14 4EJ

DISPLAY OF AVERTISEMENT SPONSORSHOP SIGN

HOL P/2007/1467WITHDRAWNon 31/01/2008

HUGMORE HOUSE FARM HUGMORE LANE LLANYPWLL WREXHAM LL13 9YE

CONSTRUCTION OF FISHING POOL WITH ASSOCIATED LANDSCAPING

MAR P/2007/1468REFUSEDon 24/01/2008

LAND ADJOINING 1 CHURCH VIEW STATION ROAD MARCHWIEL WREXHAM LL13 0RT

ERECTION OF 1 NO. TWO STOREY DETACHED DWELLING

WRC P/2007/1469GRANTEDon 22/01/2008

GRASS VERGE OPPOSITE 67-71 DEVA WAY WREXHAM LL13 9EU

ON STREET PARKING

GRE P/2007/1470GRANTEDon 23/01/2008

5 BODWYN CRESCENT GRESFORD WREXHAM LL12 8NQ

PORCH EXTENSION

CEF P/2007/1471REFUSEDon 30/01/2008

PLOT 5 BROWNS LANE OFF CAE COCH LANE CEFN MAWR WREXHAM LL14 3PS

OUTLINE APPLICATION FOR THE ERECTION OF ONE DWELLING

BRO P/2007/1472GRANTEDon 23/01/2008

LAND ADJOINING HAREMIA HILL STREET PENTRE BROUGHTON WREXHAM LL11 6DA

RELAXATION OF CONDITION No. 5 OF PLANNING PERMISSION CODE No. P/2005/1236 TO ALLOW RETENTION OF BUILDING AT EXISTING HEIGHT

BRN P/2007/1473GRANTEDon 14/02/2008

RUSCOE COTTAGE THE CHEQUER BRONINGTON WHITCHURCH WREXHAM SY13 2JJ

ERECTION OF A TWO-STOREY REAR EXTENSION SINGLE STOREY UTILITY ROOM/WC ERECTION OF GARAGE AND CHANGE OF USE OF AGRICULTURAL LAND TO DOMESTIC GARDEN

WRO P/2007/1476GRANTEDon 08/02/2008

ST JOSEPH'S CATHOLIC AND ANGLICAN HIGH SCHOOL SONTLEY ROAD WREXHAM LL13 7EN

RETENTION OF DOUBLE MOBILE CLASSROOM UNIT (PREVIOUSLY GRANTED UNDER CODE No. P/2005/0857)

WRR P/2007/1479GRANTEDon 28/01/2008

27 LORD STREET WREXHAM LL11 1LS

INSTALLATION OF SATELLITE DISH

MAE P/2007/1480GRANTEDon 08/02/2008

SMALL FARM TARTS HILL HANMER WHITCHURCH SY13 3DR

RENEWAL OF PERMISSION FOR CONVERSION OF OUTBUILDINGS TO SMITHY (PREVIOUSLY GRANTED UNDER CODE NO. P/2006/0402)

RHO P/2007/1481GRANTEDon 11/02/2008

CO-OP FOOD STORE MARKET STREET RHOSLLANERCHRUGOG WREXHAM LL14 1AF

DISPLAY OF ILLUMINATED SIGNS

BRY P/2007/1482WITHDRAWNon 13/02/2008

BRYN Y FFYNNON HOUSE BRYN Y FFYNNON ROAD BRYMBO WREXHAM LL11 5DB

SUB-DIVISION OF EXISTING HOUSE INTO 3 APARTMENTS WITH SINGLE STOREY EXTENSION.

WRO P/2007/1483GRANTEDon 08/02/2008

FORMER NIGHTCLUB ABBOT STREET WREXHAM LL11 1TA

CONVERSION OF EXISTING BASEMENT TO PUBLIC BAR AND RELOCATION OF BASEMENT KITCHEN.

Page No 141


CHI P/2007/1484GRANTEDon 08/02/2008

CO-OPERATIVE STORE HOLYHEAD ROAD CHIRK WREXHAM LL14 5NA

EXTENSION AND ALTERATIONS TO GROCERY STORE INCLUDING PROVISION OF COMBINED CONDENSER HOUSING AND RE-POSITIONING OF ATM MACHINE.

WRR P/2007/1488GRANTEDon 08/02/2008

59 HAYTOR ROAD WREXHAM LL11 2PU

SINGLE STOREY EXTENSION TO REAR

WRR P/2008/0002GRANTEDon 21/02/2008

NORTH EAST WALES INSTITUTE PLAS COCH MOLD ROAD WREXHAM LL11 2AW

NEW DISABLED RAMP AND EXTERNAL DOOR TO QUADRANGLE

GRE P/2008/0004GRANTEDon 08/02/2008

JUNCTION OF PANT LANE & CHESTER ROAD MARFORD WREXHAM LL12 8SE

ERECTION OF COMMUNITY INFORMATION BOARD

GRE P/2008/0005GRANTEDon 08/02/2008

FRONT OF POST OFFICE CHESTER ROAD GRESFORD WREXHAM LL12 8NB

ERECTION OF COMMUNITY INFORMATION BOARD

MIN P/2008/0006REFUSEDon 18/02/2008

FRON ALED WERN BERSHAM WREXHAM LL14 4LU

REMOVAL OF AGRICULTURAL OCCUPANCY RESTRICTION IMPOSED UNDER CODE NO ESA/6/9166 DATED 11TH AUGUST 1982

HOL P/2008/0009GRANTEDon 13/02/2008

4 TURNBERRY AVENUE WREXHAM LL13 9GG

KITCHEN EXTENSION AND CONSERVATORY.

BRN P/2008/0010GRANTEDon 08/02/2008

BAY TREE FARM MILL ROAD BRONINGTON WHITCHURCH SY13 3HJ

TWO STOREY REAR EXTENSION AND SINGLE STOREY FRONT EXTENSION TO EXISTING DWELLING

GWE P/2008/0013GRANTEDon 11/02/2008

5 WHEAT CLOSE GWERSYLLT WREXHAM LL11 4UX

ERECTION OF TWO STOREY EXTENSION (RENEWAL OF PLANNING PERMISSION CODE NO. P/2002/1237 GRANTED 9 JANUARY 2003).

CHI P/2008/0014REFUSEDon 12/02/2008

LAND TO THE REAR OF 1 MYDDLETON TERRACE CHIRK WREXHAM LL14 5PS

OUTLINE APPLICATION FOR ERECTION OF DETACHED TWO BEDROOM DWELLING.

RUA P/2008/0016GRANTEDon 11/02/2008

ROSE COTTAGE NEWELL DRIVE RUABON WREXHAM LL14 6PT

2 NO. EXTRA VELUX ROOFLIGHTS TO REAR FIRST FLOOR BEDROOM. LOWERING OF HEIGHT BY 1 METRE (AMENDMENTS TO PREVIOUSLY APPROVED PLANNING PERMISSION CODE NO. P/2006/0603)

WRR P/2008/0018WITHDRAWNon 30/01/2008

WREXHAM STATION MOLD ROAD WREXHAM LL11 2AD

ERECTION OF 15 METRE SLIM LINE LATTICE TOWER SUPPORTING 6 NO. ANTENNAS AND SINGLE 600MM DISH ANTENNA WITH SINGLE EQUIPMENT CABINET AND ASSOCIATED WORKS.

RUA P/2008/0023GRANTEDon 18/02/2008

GLEN OFFA PEN Y GARDDEN RUABON WREXHAM LL14 6RE

FELLING OF TREE (WMBC NO. 13)

WRO P/2008/0024GRANTEDon 12/02/2008

16 EGLWYS TEG WREXHAM LL11 3BZ

ERECTION OF GARDEN SHED (IN RETROSPECT).

CHI P/2008/0026GRANTEDon 18/02/2008

16 RICHMOND GARDENS CHIRK WREXHAM LL14 5BF

TWO STOREY GARAGE/BEDROOM EXTENSION

HOL P/2008/0028GRANTEDon 18/02/2008

3 VICARAGE COURT HOLT WREXHAM LL13 9AL

FIRST FLOOR BEDROOM EXTENSIONS

MAE P/2008/0029GRANTEDon 18/02/2008

PENLEY VILLAGE HALL VICARAGE LANE PENLEY WREXHAM LL13 0NH

OUTLINE APPLICATION FOR DEMOLITION OF EXISTING VILLAGE HALL AND ERECTION OF SINGLE DWELLING.

Page No 142


LLA P/2008/0030GRANTEDon 18/02/2008

LLAY ROYAL BRITISH LEGION WATS DYKE LLAY WREXHAM LL12 0RL

ERECTION OF POST MOUNTED SIGN.

BRO P/2008/0037GRANTEDon 21/02/2008

15 RHODFA TEGID NEW BROUGHTON WREXHAM LL11 6QA

FIRST FLOOR BEDROOM/EN-SUITE EXTENSION OVER EXISTING GARAGE/UTILITY ROOM.

HOL P/2008/0040GRANTEDon 21/02/2008

5 MILLFIELDS HOLT WREXHAM LL13 9WJ

SINGLE STOREY UPVC EXTENSION TO REAR ELEVATON

BRO P/2008/0049GRANTEDon 22/02/2008

FERNDALE GARDEN CENTRE BERSE ROAD CAEGO WREXHAM LL11 6TP

RENEWAL OF TEMPORARY PLANNING PERMISSION FOR STORAGE OF 16 NO. CARAVANS (PREVIOUSLY GRANTED UNDER PLANNING PERMISSION CODE NO. P/2002/0706).

COE P/2008/0051GRANTEDon 18/02/2008

ADWY GRANGE TANLLAN LANE COEDPOETH WREXHAM LL11 3EL

DEMOLITION OF EXISTING UTILITY ROOM, SINGLE STOREY EXTENSION TO FORM KITCHEN EXTENSION, UTILITY ROOM AND ENTRANCE PORCH.

RHO P/2008/0054GRANTEDon 18/02/2008

CROSS KEYS AUSTRALIA STREET RHOS WREXHAM LL14 1ED

DEMOLITION OF EXISTING PUBLIC HOUSE AND ERECTION OF 6 NO. 1 BEDROOM RESIDENTIAL FLATS.

GLY P/2008/0056GRANTEDon 22/02/2008

TAL Y GARTH UCHA GLYN CEIRIOG LLANGOLLEN LL20 7AB

ERECTION OF TELESCOPIC POOL ENCLOSURE.

RUA P/2008/0080GRANTEDon 22/02/2008

18 VICARAGE FIELDS RUABON WREXHAM LL14 6LB

SINGLE STOREY AND TWO STOREY SIDE AND REAR EXTENSION.

MAR P/2008/0094REFUSEDon 22/02/2008

SMITHY COTTAGE SONTLEY ROAD SONTLEY WREXHAM LL13 0YW

TWO STOREY EXTENSION

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