REPORT TO: Planning Committee REPORT NO.moderngov.wrexham.gov.uk/documents/s500000903/Report.pdf ·...

REPORT TO:

Planning Committee

REPORT NO.

HCWD/14/15

DATE:

2 March 2015

REPORTING OFFICER:

Head of Community Wellbeing & Development

CONTACT OFFICER:

David Williams (Ext 8775)

SUBJECT:

Development Control Applications

WARD:

N/A

PURPOSE OF THE REPORT To determine the listed planning applications. INFORMATION Detailed reports on each application together with the recommendations are attached. RECOMMENDATION See attached reports. BACKGROUND PAPERS None.

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT –

2 March 2015

Community Code No Applicant Recommendation Pages SES

P/2014 /0781

MAELOR POULTRY LTD GRANT

47 – 67

ABE

P/2014 /0845

BREEDON AGGREGATES ENGLAND LIMITED MS JO DAVIES

GRANT

68 – 78

MIN

P/2014 /0851

MR DAVE JONES GRANT

79 – 85

WRO

P/2014 /0868

MARSTONS ESTATES LIMITED

GRANT

86 – 110

PEN

P/2014 /0895

MRS E BUCKLEY REFUSE

111 – 116

BRN

P/2014 /0919

CAS ESTATES LTD GRANT

117 – 120

BRN

P/2014 /0920

CAS ESTATES LTD GRANT

121 – 127

MIN

P/2014 /0923

P N & J A TOMLINSON GRANT

128 – 130

CHI

P/2014 /0935

MS DAWN WILLIAMS REFUSE

131 – 134

MAE

P/2014 /0946

MR GEORGE MELLITZER GRANT

135 – 140

WRO

P/2014 /0948

MARSTONS PLS GRANT

141 – 145

COE

P/2014 /0956

MR WILLIAM PEARSON GRANT

146 – 150

OVE

P/2015 /0010

MS BELLA RICHFIELD GRANT

151 – 154

HOL

P/2015 /0062

JC BAMFORD EXCAVATORS LTD MR PETER DAVIES

GRANT

155 – 158

Total Number of Applications in Report: 14

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.


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APPLICATION NO: P/2014 /0781 COMMUNITY: Sesswick WARD: Marchwiel

LOCATION: MAELOR CREAMERY PICKHILL LANE CROSS LANES WREXHAM LL13 0UE DESCRIPTION: CHANGE OF USE TO POULTRY PROCESSING FACILITY APPLICANT(S) NAME: MAELOR POULTRY LTD

DATE RECEIVED: 21/10/2014 CASE OFFICER: MP AGENT NAME: CASSIDY & ASHTON MR G EVANS

______________________________________________________________ P/2014/0781 THE SITE

PROPOSAL As above. Live birds will be delivered to the site by lorry, slaughtered on site, processed, chilled and then dispatched from the site by lorry. 122 tonnes of poultry will be processed at the site each day.

Application site

Proposed storage enclosure

Main Site Access

Pickhill Lane/A525 junction


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HISTORY P/2011/0750 Demolition of existing factory buildings and construction of new cheese cutting and packing plant including offices together with new chill storage warehouse. Granted 4.12.12 DEVELOPMENT PLAN Outside of a settlement limit. Policies PS1, PS2, PS3, GDP1, EC6, T8 and T10 apply. CONSULTATIONS Community Council: Have made the following comments:

- The overall view of Sesswick Community Council is to support this application. However, concerns have been expressed regarding the impact on the community of any necessary construction work and the long term operation of the proposed plant;

- Councillor's concerns include the safety, adherence to regulations, noise, smell, emissions, dust, other pollution and environmental matters affecting local residents;

- The former Creamery emitted noise and light pollution that affected residents, not just in the Pickhill area, but also in other parts of Sesswick. An abattoir already exists in the area, which emits foul smells that are often windblown;

- WCBC and the other agencies involved should ensure that this proposal meets the highest standards and has the lowest impact on residents;

- Although a 40 mph speed restriction is in force to mitigate risks at the junction of the A525 and Pickhill Lane, this junction still presents risks. Drivers on the A525 have only a few seconds visibility of the Pickhill Lane exit, from which HGVs leave slowly and must occupy both A525 carriageways in order to turn;

- While no accidents are said to have been recorded at this junction, over the years there have been several near misses, particularly when drivers on the A525 speed or become distracted;

- This junction should be examined to determine if improvements can be made.


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Local Member: Has the following comments: 1) Concerns that this Factory has been a Dairy

Producing Plant for over 60 years, which originated with Cadbury working in conjunction with local Dairy Farmers within the area, this continued with Dairy Crest with the areas’ milk being delivered to the plant. I have concerns that we now have an application for a slaughter house / chicken factory;

2) Concerns regarding residents within close proximity to the site, noise, vermin, smell, they would have to endure from this type of production at the plant. Traffic movements onto the A525 Junction with Pickhill. Lane is also a concern. I do feel a similar plant regarding Dairy Production on this site as it has been for the past 60 years would be acceptable. I do understand jobs are an important factor but feel concerns from the local Community and myself, the residents of Sesswick and Cross Lanes and maybe our neighbours at Bangor On Dee, overcome the importance of the type of employment opportunities that would become available.

Economic Development: Have made the following comments: - Emphasise the considerable economic benefits

that this project will contribute to the wider economy. I would request that these benefits are not overlooked in any consideration of this application. The initial £10 million investment by this company will create up to 150 new jobs. It should also recognised that this business would contribute at least an estimated £3 million annually to the local economy in terms of wages to employees and goods and services purchased from local suppliers;

- The Assets and Economic Development Department recognise that the proposed investment and the development of this facility would be a major boost to the local economy. In addition, it would also send a very positive & confident message to the wider region, as it represents yet another substantial investment and vote of confidence in the area by a company choosing to move to Wrexham in preference to other competing locations;

- In conclusion, the benefits and substantial investment that this investment will bring to Wrexham County Borough should not be


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underestimated. It would be a significant boost in particular to local agriculture, - and I know it is supported by numerous businesses in that particular sector

Public Protection: Have made the following comments/recommendations: - Conditions regarding noise, working times

during conversion works and dust management recommended;

- The applicant will be required to apply for an A(1) PPW Permit with NRW. The permit will control operational noise and odour;

- Proposed odour mitigation measures should ensure that odours from the different processing areas and offal storage should be adequately contained and controlled to minimise the likelihood of off-site odour complaints.

Highways: Have made the following comments: - The main access route to the development

appears to be the A525/Pickhill Lane Junction. I understand a recent speed survey along this section of the A525 determined 85th percentile speeds of 41mph for vehicles travelling northbound and 44mph for vehicles travelling southbound. This survey was carried out when this section of the A525 was subject to a 60mph speed limit. The speed limit along this section has recently been amended to 40mph;

- If a fresh speed survey were carried out determined 85th percentile speeds may well be lower. However if 40mph speeds are assumed then the existing junction would be required to provide visibility splays of 2.4 x 120m in both directions;

- Visibility from this junction is adequate in the north-westerly direction providing a splay of approximately 2.4 x 150m. However visibility to the south easterly direction is inadequate providing a splay of approximately 2.4 x 95m. Visibility is impeded by an existing hedgerow and farm buildings;

- A summary of the existing/proposed staff and daily HGV numbers has been provided. Based on this minimal increase in HGV movements through the A525/Pickhill Lane junction it would be considered inappropriate to request improvements to it;


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- The total number of staff to be employed is significantly less than previous staff numbers employed at the site. It is therefore considered that the overall daily HGV movements and staff movements combined will be less than previous/approved traffic generation levels;

- Pickhill Lane is a rural classified road subject to a 60mph speed limit;

- There would appear to be to existing accesses serving the development;

- The main (south western) access is 18m wide and is gated 4.3m behind the carriageway. I understand that all delivery vehicles and staff utilise this access. Visibility is inadequate in both directions providing splays of 2.4 x 55m to the southwest and 2.4 x 22m to the north east measured to the northeast;

- Visibility to the southwest is impeded by an existing hedgerow fronting the adjoining field. I understand the field is under 3rd party control and visibility cannot therefore be improved;

- Visibility to the northeast is impeded by an existing boundary fence fronting the site. I understand that the applicant is willing to setback the fence for a distance of 60 metres. This will provide a significantly improved visibility splay of 2.4 x 172m which is the maximum splay achievable splay due to the bend in the road;

- There is a second access at the north-eastern corner of the site which I understand is rarely used. This access is 7m wide and is gate 17m behind the carriageway. Visibility is inadequate in both directions providing splays of 2.4 x 150m to the south west and 2.4 x 25m to the north east. Forward visibility for vehicles approaching from the south-west is also inadequate providing a stopping distance of 110m. I assumed this access will be used as an “emergency access” only as previously conditioned as part of planning consent: P/2011/0750;

- Based on LPG16 requirements a B2 General Industrial Use would require 281 spaces;

- I understand that as the operation of the site (including operational shit patters) is similar to previous operations at the site, and overall staff numbers are lower, the proposed level of parking provision (150 spaces) would be


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adequate. There would also appear to be ample space within the site to cater for any future increase in parking demand;

- Turning facilities for HGVs within the curtilage of the site appear adequate;

- The Framework Travel Plan submitted appears adequate. I would recommend a Final Travel Plan is submitted after 12 months of occupation of the premises;

- In terms of providing alternative means of transport, land is safeguarded for a cycle and walking route between Wrexham and Overton via Cross Lanes and Bangor Is Y Coed following the route of the dismantled railway. The route passes through the development site. I understand that should this route be progressed, a diversion would be required around the edge of the site for operational and safety reasons. I understand that the applicant would be willing to safeguard a section of land around the northern edge of the site to support this proposal;

- Conditions recommended. Welsh Water: Consulted 27.10.14 NRW: No objection to the proposed development but

wish to make the following comments: Environmental Permitting

- Based on the information provided, we believe the proposed activity will require an Environmental Permit to operate;

- As part of the permit determination process, NRW will assess control measures for noise and odour, amongst other potential impacts;

- Based on previous regulatory knowledge of the existing facility, it is our understanding that there is no foul sewer connection. Discharges of process effluent from the site were previously authorised to the River Dee, but any new potential discharge would be subject to permitting;

- Any discharge to surface water (likely to be direct to the river Dee based on site location) would be subject to approval by NRW as part of the environmental permitting process referred to within our previous letter. No discharge shall take place until such a permit is in place. We strongly recommend that the applicants begin pre-permit application discussions with the Regulatory Officer as soon as possible. At this


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stage, we have no reason to believe that a permitted discharge to the river Dee would be refused, but that any discharge quality and quantity would be restricted as part of any possible permit;

- the existing discharge permit would not authorise the discharge of trade effluent from a proposed abattoir to the river Dee;

- Any surface run-off, which has the potential to be contaminated, will also need to be treated sufficiently either through an interceptor or other suitable treatment process.

Site Drainage - Only surface water from roofs and paved areas

not accessible to vehicles, should be discharged to any soakaway, watercourse or surface water sewer;

- Any facilities, above ground, 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%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bund;

- Foul and surface water manhole covers should be marked to enable easy recognition, convention is red for foul and blue for surface water. This is to enable water pollution incidents to be more readily traced;

- This development lies within the River Dee Water Protection Zone. A Dee Protection Zone Consent will be required from Natural Resources Wales in order to store or use certain controlled substances;

- Protected Sites - The proposed development is to take place

approximately 130 metres away from the River Dee Special Area of Conservation (SAC) and River Dee Site of Special Scientific Interest (SSSI);


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- We advise that a test of likely significant effects under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) is carried out by the competent authority. We can help you reach a conclusion on likely significant effects. If that assessment concludes there is likely to be a significant effect, we can also advise on the further, appropriate assessment that would be required under the Regulations.

Protected Species: Otters - Otters live along rivers and in marshes, small

streams, ditches, lakes, and inland coastal waters. Their holts, or dens, take a variety of forms including cavities in the roots of bank side trees, piles of logs or flood debris, drains and caves. Otters also use resting sites above ground in reed beds and dense scrub such as brambles and blackthorn. The holts are not restricted to being adjacent to a watercourse and are often located some distance from any water-bodies;

- Surveys should be undertaken for all such habitat on or directly adjacent to a works area (we recommend a survey distance of 30m from all work sites). Should any otters be found, a licence will need to be obtained from WAG prior to works commencing;

- To ensure no damage is caused to foraging otters in the area any excavations should not be left open overnight / a ramp should be provided to ensure otters can escape if they have fallen in. If works are to be undertaken overnight, where possible, lighting should be directional and focused on the development area and away from the wider countryside and any areas of shrub/scrub.

Protected Species: Bats - NRW recommends that the Council’s Ecologist

is consulted; Protected Species: Great Crested Newts - Great crested newts are likely to be present in

the area due to the habitats and features present nearby. Whilst it is not considered that these proposals will have a significant impact upon the favourable conservation status of newts in the area, no formal survey has been undertaken to confirm their absence from the area.


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HSE: The proposed site does not lie within the HSE consultation zone of any major accident pipeline.

National Grid: Consulted 27.10.14 Site Notice: Expired 20.11.14 Neighbours: The owners/occupiers of 8 nearby properties were

notified on 30.10.14. 4 representations received expressing the following objections/concerns; - There is a large difference between a cheese

packing plant and an abattoir; - Noise; - Odour; - Animal welfare; - Disturbance from traffic movements to/from the

site during the night and during shift changes; - Hope the jobs created go to local people and

not given to large agencies that bus poorly paid workers in form other areas;

- Do not consider the application constitutes a change of use but a new development and its appropriateness assessed as such;

- A slaughter house would not be an appropriate development for the site;

- The quantity of waste to be produced; - Health and safety risks; - Traffic; - More suitable locations/should be directed to

Wrexham Industrial Estate; - Safety of the junction of the A525/Pickhill Lane; - The traffic survey was not a representation of

the use of the lane throughout the day; - Cyclists, dog walkers, families and horse riders

use the lane on a regular basis. The large volume of traffic and smell would stop this;

- The land is used as a cut through by some traffic from the Industrial Estate;

- The volume of traffic will increase the risk of accidents on the lane itself;

- Impact upon the value of property. 1 representation received expressing no objections

Other Representations: 1 letter received from Freeths, solicitors acting on behalf of clients who have interests in the poultry supply chain and production process in North Wales. Their clients object for the following reasons:

Principle objections - The development of a major new processing

facility in the area, with two existing facilities of


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this kind, will put strain on the supply of poultry given that grown space is limited and suppliers are operating at maximum output;

- This will cause the new facility to source from outside North Wales, an unsustainable practice, and/or drive up the price of poultry. The new facility would destabilise the North Wales poultry industry;

- The development would be contrary to Technical Advice Note 23 by undermining the existing poultry industry in North Wales and would be likely to lead to job losses;

Transport/isolation - Although staff numbers will be similar to the

former use, recruitment of experienced staff, probably not local residents, will inevitably lead to long distance commuting- the applicant’s main HQ is location in the West Midlands;

- The applicant indicates that cycling and car sharing schemes would be encouraged but in reality, single occupant car traffic would make up the majority of staff movements, increasing disturbance to the local population;

- It is also proposed that a total of 90 HGVs would arrive and leave each week. Some of these trips would be undertaken at night presenting a nuisance to occupants of neighbouring properties;

- Although the scheme represents broadly similar numbers of vehicle movements to those undertaken by previous occupiers, the nature of the products (live animals and odorous waste) combined with the consistent transportation during anti-social hours is an onerous burden on the location population;

- At a similar plant at Sandycroft 1 million birds per week can be slaughtered and there are 164 commercial vehicle movements per day, 1100 staff employed and 2,020 car movements per day,

Noise - Noise produced by the operations would be

significant. These concerns have been raised in a critique of the Noise Impact Assessment;

- Question the methodology adopted during the survey;

- The applicant’s Assessment has failed to address the high probability that operational noise will involve specific characteristics such


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as tonality, impulsivity and the intermittent nature of other noise sources;

- The Assessment fails to take account of the impact that conducting activities at night will have on local residents as well as the de-facto change in sound levels considering that the site has been largely unused for some months;

- The critique suggests that the Noise Impact Assessment needs to be questioned thoroughly and reworked to reflect the actual effects of this development on the local residents;

- The development poses a risk of harm to amenity that will not be effectively controlled by permit conditions alone and that additional information is required in order for decision makers to understand the impact of the development.

Odour - One key difference between the previous

usage of the site and that proposed is the significant odour emissions relating to the operation of a poultry processing facility;

- Agricultural industry, including the waste products of poultry, has been identified as a major source of ammonia by National Government. The UN’s Gothenburg Protocol lays out an ammonia emissions target for the UK in international law. As a contributor to these emissions, the proposed use should be reviewed in light of this commitment by the Environment Minister;

- Experience indicates that complaints relating to odour may be received from the occupiers of properties up to 300 metres from the site;

- Additional odour sources include the delivery of live poultry to the site, particularly during warmer months when extra ventilation into vehicles is required for the sake of animal welfare, and the storage/processing of blood;

- It should be noted that the proposed development appears not to include construction of a Chemical Odour Scrubber for the scald area; this omission elevates the level of potential odour emissions;

- The issue of odour has already been raised in objections by local residents and represents a significant risk to the quality of life for the residents of properties neighbouring the site;


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River Pollution - The River Dee SSSI is at risk of water pollution

and subsequent impacts on the native wildlife from developments of this site. Unless effective steps are taken to prevent polluted surface run-off and other waste water from entering the River, the proposed development is at risk of being environmentally unsustainable.

Summary - The applicant has outlined that the new facility

will process 122 tonnes of poultry (55,454 birds) per day utilising circa 14,000 sq.m of floorspace. We submit this is a severe underestimation.

- Considering that an existing poultry processing facility in Sandycroft Deeside, with a floor space of 10,916 sq.m processes 298.6 tonnes (between 135,714 and 150,714 birds) of poultry per day. Industry averages indicate that the proposed facility could produce up to 2.5 times more than the applicant has detailed. The production at the facility is therefore very likely to be higher than the applicant’s estimates. The magnitude of the operations would directly affect the scale of the impacts unless the Planning Authority is willing to limit production levels by planning obligations.

SPECIAL CONSIDERATIONS Background: The site has been in use for over 60 years having first being developed by Cadburys and was last used as a cheese cutting and packing plant. Proposals for the comprehensive redevelopment of the site (reference P/2011/0750), including the erection of new factory buildings, were reported to Committee in March 2012. Following the completion of a Planning Obligation to secure the long term management of ecological mitigation areas planning permission was granted in December 2012. The planning permission has not been implemented. The applicants are seeking to change of use of the site to a poultry processing facility and will be re-using the existing buildings. Other than the erection of a new covered storage area (26m x 13m x 8m high) no additional built development is proposed. Whilst noting the concerns expressed about noise, odour and the impact the development may have on walkers, cyclists and horse riders using Pickhill Lane, irrespective of the outcome of this planning application, the site could be re-used provided no material change of use occurs. There are currently no


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conditions limiting the operating times of the site so another alternative use is just as likely to generate traffic and noise as the proposed use. I do however appreciate that there is a greater risk of odour. The potential impact of the development in respect of noise, odour and traffic are considered in more detail below. Policy: The UDP has no specific policies dealing with the change of use of established employment sites in the countryside. The proposals do however broadly accord with policy PS3 with regards to the re-use of previously developed land. Planning Policy Wales (Chapter 7) is also broadly supportive of new businesses being established in rural areas. As such there are no valid reasons, on planning policy grounds, to object in principle to the proposed development. Economic Impact: Objections have been received from Freeths Solicitors on behalf of another business with interests in the local poultry supply chain and production process. One of their grounds for objection is the impact the development will have on businesses that are engaged in similar activities or the wider local poultry industry. However this is not a material planning consideration. It is not the role of the planning system to regulate competition by preventing rival businesses from opening new facilities in the area. The proposed chicken processing facility will employ up to 150 people. I note the suggestion that the need to recruit experienced staff will result in people commuting to the site from outside of the area but it is outside of the scope of planning control to require or ensure that a specific number of jobs are filled by local people. This would place unreasonable restrictions on the ability of the operators of the development to secure the staff best suited to the roles they need to fill. The development will bring additional employment opportunities to the local area and whilst it is not possible for to predict how many employees will live within the County Borough, it is equally the case that the objectors cannot say with any certainty that a large proportion of employees will come from outside of the area. The development will bring economic benefits through the re-use of previously developed employment site and by presenting employment opportunities to local residents that currently do not exist. It represents a £10 million investment in the County Borough and will benefit the wider economy as a result of goods and services for being purchased from local businesses. Amenity: Noise The application is accompanied a Noise Impact Assessment (NIA) that demonstrates that no noise mitigation measures are required to protect the amenity of the occupiers of nearby dwellings.


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Based on the information provided in the Transport Assessment (see below), the development will not result in a significant increase in HGV movements compared to the previous use or the development proposed by the 2012 planning permission. In light of this traffic noise will not be worse than if the former were to resume or if the latter were implemented. The site will operate 24 hours a day which means that there will be both staff vehicles and HGVs leaving the site at night. However there are no conditions limiting the operating times of the existing site and none were imposed on the 2012 planning permission. As such the development will not increase the likelihood of night-time traffic passing nearby dwellings. The Noise Impact Assessment (NIA) has been criticised for using outdated guidance – a critique commissioned by Freeths Solicitors pointing out that it was carried out in accordance with BS4142:1997 rather than the guidance that replaced it in October 2014, BS4142:2014. Public Protection have not expressed any concerns about the NIA or its conclusions therefore I have no reason to believe that operational noise will be significantly greater than that associated with the previous use of the site or that the development will have a significant adverse impact upon residential amenity. Odour A supporting document ‘Odour Risk Assessment & Proposed Control Measures’ considers the processes that will be carried out on site and acknowledges that some present a high risk of odour problems if mitigation/controls are not put in place. I understand that historically there have been complaints about odour from local residents and businesses located in the vicinity of two similar plants in Sandycroft and Llangefni. Those plants are approximately 25 metres and 800 metres from housing respectively. NRW regulate both of the above mentioned sites via Pollution Prevention and Control (PPC) permits. Both plants were constructed without odour abatement controls but improvements have been made in recent years that have resulted in a significant reduction in the number of complaints received, although some complaints are still nevertheless received. The above demonstrates that there is clearly a risk of odour arising from the operation of this type of facility. However it would not be reasonable to conclude that because the operation of those plants has given rise to odour problems the same will automatically be the case with the current proposals. As noted above, both of those plants were constructed without adequate odour control measures so these measures will have been installed retrospectively. The application proposals are for an entirely new plant so it


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will be possible to fit out the buildings to take account of current best practice and install odour control measures from the outset. It will not be possible to completely eliminate the risk of odour problems, however the implementation of odour control measures can significantly minimise the risk. In summary these measures include;

i) The enclosure of all processing areas; ii) The use of ventilation systems with odour removal systems; iii) Daily cleaning and sanitising of process areas; iv) Daily removal of waste.

Provided the site is well managed and the above measures employed I consider the risk that its operation will give rise to significant odour to be low. Public Protection have confirmed they agree this to be the case. The submission and subsequent implementation of an odour management plan will be required by planning condition. Whilst noting concerns nearby residential properties may experience odour when vehicles transporting live chickens to the site pass by, the vehicles will normally only momentarily be in front of those properties. As such the risk of significant odour problems from passing vehicles is low. Pollution Prevention and Control Permit (PPC) The operation of the site will be subject to a PPC permit issued by Natural Resources Wales. The permit, if granted, will require the future operator to put in place measures to prevent or minimise both noise and odour. A permit is only issued if NRW are satisfied that the development will not have a significant impact on the local environment. The site will be inspected by NRW to ensure that the operator is complying with the requirements of their permit. If it is found that they are not complying enforcement action will be taken. This can include revocation of the permit. NRW have confirmed that they are familiar with the site and its setting (i.e. that there are residential properties close by). I am therefore satisfied that there will be an appropriate regulatory regime in place to ensure that the proposed use will not give rise to unacceptable noise or odour. Welsh Government Circular 016/2014 “The Use of Planning Conditions for Development Management” states that planning conditions should not duplicate controls under other legislation unless there is a planning reason for doing so. Whilst noise and odour controls will be put in place by the PPC Permit, ensuring development does not harm the amenity local residents is a material planning consideration. As such I consider there to be a valid planning reason to impose conditions in respect of odour and noise. I consider these conditions will complement the controls imposed via the PPC Permit rather than being an unnecessary duplication of them.


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Proposed covered storage area This will be over 100 metres from the nearest dwelling with the existing factory buildings located in between. As such it will not adversely impact upon the standard of amenity afforded to the occupiers of that or any other nearby dwellings by way of loss of light or by proving visual overbearing. Highways: A summary of the staff numbers and daily HGV movements from the last use, the development proposed by planning permission P/2011/0750 and the development now proposed is set out in the table below:

Use Total Staff Numbers Weekday Operational Vehicle Movements

Historic 220 22

Approved development (P/2011/0750)

230 26

Proposed Development 150 29

Visibility at the site access onto Pickhill Lane is substandard in both directions. The required splays to the south-west cross third party land so cannot be provided without the agreement of the adjoining landowner. Significant improvements in visibility to the north east can be made and will be required by condition. Visibility at the junction of Pickhill Lane and the A525 is also substandard to the south-east. Despite the above Highways have not expressed any concerns about the development. Whilst the development will result in a modest increase in the number of HGV movements to/from the site that the previous use or the 2012 planning permission it will employ fewer staff. The overall number of vehicular movements to/from the site will therefore be less than both. I therefore have no reason to believe that the development will have a significant or detrimental impact upon highway safety. There are 210 parking spaces within the site which will be more than sufficient to cater for the number of staff that will be employed. There is also sufficient space within the site for HGVs to manoeuvre, load and unload. Production Capacity: The objection from Freeths Solicitors indicates that this site could have a far higher processing capacity than the application documents suggest. They have cited the example of the similar plant in Sandycroft that has a gross floor area of just over 10,000 square metres and where up to 1 million birds can be slaughtered each week. This is over twice the number that would be processed at the applicant’s proposed facility (floor area 14,025 sq.m). Freeths Solicitors have submitted traffic generation figures for the Sandycroft site which suggests the number of both staff car and


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HGV movements to/from it are also considerably higher than the Transport Assessment suggests will be the case with the applicant’s proposals. I have no information before me to allow me to make a direct comparison between the Sandycroft plant with the applicant’s site. However the latter employs more people thus explaining why car movements to/from the site are higher. If the applicant’s plant does indeed have the capacity to produce more poultry than the supporting documents suggest there could be a far higher number of HGVs travelling to/from the site along Pickhill Lane and using the Pickhill Lane/A525 junction. Highways have advised that this would not be a concern in respect of the Pickhill Lane/A525 junction but would be a concern in respect of the site access itself owing to the fact that it has substandard visibility splays. A higher number of HGV movements to/from the site may result in the occupiers of the dwellings close to the site on Pickhill Lane experiencing higher levels of noise than if the previous use were to resume or the 2012 planning permission implemented, to the detriment of their amenity. To ensure that production capacity does not exceed the level proposed in the interests of both highway safety and the amenity of nearby residents I intend to impose a condition to prevent more 400,000 birds (which equates to 122 tonnes) per week are processed. The applicants will also have to keep a log of the number of birds processed that can be made available for Officers to inspect. Appearance: The only external alteration to the site will be the erection of the proposed covered storage area. This building will reflect the industrial appearance of the existing buildings and due to its relatively modest size and position within the site it will not be prominent or harm the wider rural landscape. Drainage: Foul water is currently collected and stored on site before being removed by tanker for treatment. When the site was last operational effluent was treated in an on-site effluent treatment plant. This discharged clean water into an existing storm drainage which in turn drains into the River Dee. A new treatment plant is to be installed so that both foul water and effluent are treated on-site. Treated clean water will then be discharged from the site and ultimately flow into the River Dee. There will be no additional areas of hard standing therefore the development will not increase the amount of surface water run-off from the site. Nevertheless a Flood Consequences Assessment accompanying the application recommends that opportunities to reduce surface water run-off should be taken, such as the use of infiltration (soakaway) drainage and the


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provision of soft landscaping. A condition requiring the submission of and implementation of a surface water drainage scheme will be imposed. Ecology: Other than the proposed covered storage building no additional built development taking place within the site. The storage building will not require the removal of any substantial trees that may provide habitat for bats. It will also be some 300 metres from the River Dee itself and located well within the existing operational area of the site so will not impact upon otters. Great Crested Newts (GCN) are present in the area however NRW have confirmed that the development will have a significant impact upon their favourable conservation status. I have no reason to disagree with this conclusion however a scheme of Reasonable Avoidance Measures should be put in place whilst the new storage building is erected to ensure that those works take account of the possible presence of GCN. This will be required by condition. The proposed treatment plant will ensure that only clean water is discharged from the site into the River Dee. Full details of the proposed treatment plant will be required by condition. In addition the surface water drainage scheme I intend to require by condition should also reduce the risk of polluted water entering the river. The drainage arrangements referred to above will ensure that polluted water does not enter the River Dee. As such I am satisfied that the development will not have a significant or detrimental impact upon the River Dee SSSI and SAC. Animal Welfare: Whilst concerns for animal welfare are understandable this is regulated by separate legislation and is outside of the scope of planning control. As such it is not a material consideration. Other Matters: Ensuring that the agricultural and associated industries comply with ammonia emission targets is outside of the scope of planning control. CONCLUSION The proposed development is unlikely to give rise to significant or unacceptable impacts with regards to noise, odour, traffic, visual impact and ecology and as such accords with the relevant UDP policies.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the


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Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 3. No part of the development shall commence until a scheme of Reasonable Avoidance Measures (RAMs) in respect of Great Crested Newts has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in strict accordance with the Reasonable Avoidance Measures as are approved. 4. The use hereby granted permission shall not commence until an odour management plan has been submitted to and approved in writing by the Local Planning Authority. All odour measures set out in the plan shall be installed prior to first use of the premises for the purposes hereby granted permission and the site shall thereafter be operated in strict accordance with the odour management plan as approved. 5. The use hereby granted permission shall not commence until a system for the treatment of foul water and effluent has been provided on site and made operational in accordance with details that has first been submitted to and approved in writing by the Local Planning Authority. The system for the treatment of foul water and effluent shall thereafter be retained and maintained in an operational condition. 6. The use hereby granted planning permission shall not commence until a noise management plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of the measures and procedures that will be put in place to ensure noise emissions accord with the requirements of condition 09. All measures and procedures set out in the plan as approved shall be installed/put in place prior to first use of the premises for the purposes hereby granted permission and the site shall thereafter be operated in strict accordance with the noise management plan as approved. 7. The use hereby granted permission shall not commence until a scheme for the management of surface water run-off from the site has been implemented in accordance with a scheme that has first been submitted to and approved in writing by the Local Planning Authority. The mechanisms put in place for the management of surface water run-off shall thereafter be retained and maintained in an operational condition. 8. The use hereby granted permission shall not commence until the main (south-western) vehicular access has been provided with a visibility splay to the north-east of 2.4 metres x 172 metres as measured to the nearside edge of the adjoining carriageway. With this splay there shall be no obstruction above the level of the adjoining carriageway. The splay shall thereafter be permanently retained clear of any such obstruction to visibility. 9. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 14-L37-PL002D shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 10. Prior to first use of the development, a Final Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. This plan shall include details of an annual monitoring which shall be submitted to the Local Planning Authority for written approval following the anniversary of


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first use of the development, and every year after up to and including the fifth anniversary. 11. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 12. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 13. 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. 14. No more than 400,000 birds shall be processed each day at the site subject to this permission. 15. The site owner(s)/operator(s) shall at all times maintain an up to date log of the number of birds processed each day. The log shall be made available at all reasonable times for inspection by officers of the Local Planning Authority. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the amenities of the occupiers of nearby properties. 3. In order to protect wildlife interests, which are afforded special protection. 4. To protect the amenities of the occupiers of nearby properties. 5. To prevent pollution of the water environment. 6. To protect the amenities of the occupiers of nearby properties. 7. To ensure satisfactory drainage of the site and to avoid flooding. 8. To ensure that adequate visibility is provided at the proposed point of access to the highway. 9. 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. 10. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle. 11. 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. 13. To prevent pollution of the water environment. 14. To protect the amenities of the occupiers of nearby properties.


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15. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. ______________________________________________________________


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APPLICATION NO: P/2014 /0845 COMMUNITY: Abenbury WARD: Holt

LOCATION: LAND AT CLYWEDOG ROAD NORTH WREXHAM INDUSTRIAL ESTATE WREXHAM LL13 9XN DESCRIPTION: CONSTRUCTION OF ASPHALT PLANT BUILDING, INCORPORATING WEIGHBRIDGES, PARKING AND CIRCULATION AREAS APPLICANT(S) NAME: MS JO DAVIES BREEDON AGGREGATES ENGLAND LIMITED

DATE RECEIVED: 12/11/2014 CASE OFFICER: KH AGENT NAME: S L R CONSULTING LTD MR KEITH OWEN

______________________________________________________________ /2014/0845 THE SITE Located on the Wrexham Industrial Estate off Clywedog Road North, at the junction of Abenbury Way/Coed Aben Road, which is the main road through the estate and Clywedog Road. Industrial/commercial units are located to the north, south, and east with residential properties to the north east. PROPOSAL Construction of an asphalt plant building, incorporating weighbridges, parking and circulation areas. HISTORY No recent history. DEVELOPMENT PLAN Located within the Wrexham Industrial Estate. Policies PS1, PS2, PS3 and GDP1 (a) (d) (e) and (f) refer. CONSULTATIONS Community Council: Objects as considerable concern on the possible effect on important and developing food and other industries in the nearby vicinity. Also concerns over the likely increase of traffic in the area. Local Member: Notified 18.11.14 Public Protection: Conditions required regarding levels of noise by reason of the development not exceeding


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pre-existing background levels by more than 4dB(A) and hours of construction limited to specific hours. Contamination conditions also required. Highways: Visibility at access is adequate whilst 90 vehicle movements per day at the site are considered to be relatively low. Parking and turning provision is also considered adequate to serve the proposed development. Conditions required. Welsh Water: Condition required to ensure no detriment to existing residents, the environment and Welsh Waters assets. NRW: Site lies within a Zone A flood area with their flood

map information confirming the site to be outside of the extreme flood risk outline. NRW acknowledge that the submitted Flood Consequences Assessment recognises that the scheme could increase both the rates and volumes of surface water leaving the developed site compared with existing and recommends mitigation measure. Surface Water Regulation system is recommended by NRW. Great Crested Newts occur on the Industrial Estate and a condition requiring a Reasonable Avoidance Measures Strategy to be submitted and approved by the Local Planning Authority.

Other Representations: 4 objectors/concerns from nearby food companies on the following grounds: - Dust from breaking up aggregate - Odour and fumes will contaminate nearby food

products with food such as dairy products subject to taints from strong smells

- Reliance on fresh air ventilation and cheese and dairy products generally susceptible to contamination

- Potential increased costs to protect products from odours and contamination. Costly to install and increased costs to comply with food hygiene requirements of retailers

- Increase in costs could result in relocation of business

- Jobs at risk and future investments - Rely on external fresh air ventilation and some

products highly susceptible to contamination - Retailers to site would be likely to be concerned

given the close proximity of an asphalt plant - Air fillers are unable to remove odours - Incompatible neighbour for manufacturers of

food products


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- Increase in traffic could result in increased highway danger.

2 letters from nearby residents objecting on grounds of:

- Visual impact - Over dominance - Air pollution, toxic smells, dust and noise - Additional traffic noise - 24 hour operation - Artificial lighting - Height of the storage enclosure - Impact on wildlife

2 letters of support:

- Good for local suppliers Site Notice: Expired 15.12.2014 Press Notice: Expired 02.01.2015 SPECIAL CONSIDERATIONS Proposed plant/operation: The plant would be fully enclosed with all the aggregate storage within the enclosure. Only point source emission to air is the main stack – 25m in height with all other potential sources of odour, fugitive sources mainly associated with the handling and storage of bitumen. Bitumen is blended with road stone and other materials to provide a range of asphalt and coated roadside products. Raw materials used in production, such as aggregate and bitumen are imported to the site and stored within the proposed enclosed unit and tank respectively. On commencement of production a loading shovel would move aggregates from the storage bays and place into hoppers within the enclosure. Aggregate would be released from the raised hoppers down onto a conveyor which would transport the material to the asphalt plant. In the plant the aggregate would be heated to remove any moisture that could adversely affect the quality of the coated road stone product. Following this process aggregate would be moved to a mixer where filler and bitumen would be added. Bitumen would be stored in electrically heated storage tanks to keep the bitumen warm and in a liquid state. Other admixtures would be stored in sealed tanks. A dry bag type dust collection system would be fitted to the process equipment in order to recover any surplus dust, thereby reducing the potential for dust impacts from the process. Surplus steam from the process would be emitted via a 25m stack. The filling of asphalt from the enclosed storage hoppers into wagons for export of the product will be carefully controlled. Drapes will be installed on the load out such that any fumes released will be enclosed and should be


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drawn back into the plant through the vents located next to the load out hoppers. Lorries will be sheeted as soon as possible post filling. Design: The aggregate storage enclosure measures 40m x 30m x 13.5m high, whilst the asphalt plant enclosure has a maximum height of 21 metres in height, which represents the tallest component of the asphalt coating plant. Overall, the majority of the structures on site would have a maximum height of 13.5m or lower. Surplus steam from the process would be emitted via a stack of 25m in height. The footprint of the buildings is comparable to numerous buildings in the vicinity. A number of the buildings will have similar ridgelines to the height of the majority of the asphalt plant. I am satisfied that whilst elements of the building will be higher than existing nearby buildings, I do not consider the scale is inappropriate or will be overly intrusive given existing development. Existing vegetation will help soften the building to some extent and I will condition that a landscaping scheme submitted to help further integrate the development. Highways: The proposed development site is located on Clywedog Road North which is an unclassified road. Clywedog Road North is subject to a 40mph speed limit. Vehicles travelling in the north easterly direction may travel up to 40mph along this section of road. Typical vehicle speeds are estimated at being around 25mph for vehicles travelling in the south westerly direction given the proximity of the junction with Coed Aben Road. Visibility at the access is considered to be adequate in both directions providing splays of approximately 2.4 x 120m to the south west and in excess of 2.4 x 33m to the north east. The existing access is approximately 7.4m wide which is acceptable. Previous uses of the site and the existing haulage business will have generated a significant number of vehicle movements including HGV movements. The submitted planning statement suggests staff/visitor/contractor movements will generate no more than 20 movements per day and typical HGV movements will equate to 70movements a day. 90 vehicle movements a day is considered to be relatively low. The existing access is adequate to serve the proposed movements with acceptable parking and turning provision, with projected vehicle movements unlikely to have any significant impact on the highway network. Environmental Impacts: The proposal has the potential for noise, dust and odour impacts. The plant needs the ability to operate 24 hours/day to cater for specific out of hour contracts, although typical working hours would be day time only.


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Noise: The application includes a noise assessment which considers the impact on residential amenity – closest residential property and assesses impact of fixed plant operating within the buildings and site related heavy goods vehicle movements on the site and once outside the site. With regard to fixed plant the main plant is fully enclosed and external activities kept to a minimum. The main structure is constructed from acoustic panels which are 100mm thick. The vehicle access doors to the storage bay and feed hopper shed remain closed at all times other than when making a delivery. The assessment concludes that the noise levels produced by worst case operational noise and the movements of site related vehicles would have a minor, barely perceptible impact on the ambient noise levels at the nearest residential property. Public Protection are satisfied with the methodology and have no objections subject to conditions restricting hours of construction work and noise levels from the operational development not exceeding pre-existing background level by more than 5dB(A) at any time. I am also conscious with regard to vehicle movements other potential or previous uses would generate similar or greater movements. Dust: An assessment of potential air quality impacts has also been taken and a qualitative assessment of potential dust impact. The construction phase, operational phase and vehicular exhaust emissions have been taken into consideration on human receptors and ecological receptors. Various objections have been raised by both residential and commercial/industrial/food companies and it is critical that the construction and operational phases do not compromise the amenity of residents/public generally, and the nearby businesses in the vicinity (including food manufacturers). To offset any significant impact, various mitigation measures are proposed. Construction phase activities will be conducted in accordance with various mitigation proposals. Good practice measures deployed to minimise fugitive dust impacts will include a Dust Action Plan (DAP) as part of a Construction Environmental Management Plan (CEMP). The DAP will provide for additional dust suppression measures beyond normal and routine dust abatement measures. The low additional number of vehicle trips during the construction phase is predicted to be a neutral impact on air quality from exhaust fumes. The proposed asphalt plant will be fully enclosed with all the aggregate storage and processing taking place within the enclosure. Risk of any potential off-site dust impact is low. The Environmental Permit required by the development, however, will be likely to contain additional measures/mitigation to ensure vehicles leaving the site to be sheeted, dust abatement equipment on plant and haul routes dampened where required. Stack emissions will be controlled by the Environmental permit.


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The methodology to address the issues is acceptable and an Environmental Permit will be required by the Council’s Public Protection Department. Odour: No odour assessment was initially submitted but a subsequent assessment now accompanies the application. A number of nearby food companies in particular have strongly objected to the potential impacts of odour which would taint and/or contaminate food products, including dairy products. The submitted assessment highlights that the plant will be fully enclosed with all aggregate storage taking place within the building to reduce potential releases of odour. The bitumen and other materials used to produce a range of asphalt and coated road stone products will be imported directly to the site and stored within the enclosed building and associated tanks. Odour control measures are proposed to reduce the risk of potential emissions from the plant. The likely main sources of odour from the development are fumes from the discharge stack and odours released during the loading of vehicles for export or product. Odour controls would be included in the required Environmental Permit and odour controls required to meet BAT (best available techniques) as detailed in the Process Guidance Note. Ecology: The submitted ecological report does not recognise the site’s importance as part of a wider ecological network and underestimates its biological value. Whilst there is no objection generally to the use of the site which is currently hard standing, the extension of the hard standing with no compensation or mitigation is unacceptable. The submitted report does not recognise the significance of the ditch on the site, which is similar to others on the Industrial Estate, which are found to support the great crested newt and the terrestrial habitat is high quality for feeding and hibernating amphibians. The site forms part of a green network of sites which is vital to enable populations isolated around the Industrial Estate to function. The population of great crested newts is currently not considered to be at a favourable level making the protection of green corridors and wedges vitally important. The site is also known to support a grizzled skipper butterfly population, a section 42 species, or Welsh Priority Species. Only currently three populations in Wales making the Wrexham Industrial Estate extremely important. The species was found to have declined in many of its previous sites on the Industrial Estate but numbers have grown on that particular site, which highlights its importance. The proposal seeks to destroy an important habitat with no attempt to mitigate for the loss or protect or improve the remaining habitat. Detailed butterfly surveys are required in 2015 and additional suitable habitat provided prior to the proposed loss.


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The effect on great crested newt connectivity also needs to be addressed as the proposal methods of avoidance are insufficient. In providing mitigation or compensation an equivalent area of land must be provided. The application does not comply with SPG 29, TAN 5, the Local Planning Authority’s duty under Section 40 of the NERC Act and the Habitats Regulations 2010. CONCLUSION I am satisfied that the design/scale of the development is acceptable and whilst there are aspects of the proposal higher than existing development, it will not be overly intrusive in the context of the immediate or wider area. Highways are satisfied that the access has adequate visibility and the access can accommodate the predicted movements and will not have any significant impact on the highway network. Objections have been raised in relation to noise, dust and odour from residential and industrial users. A noise and dust assessment has been submitted with the application. The majority of the plant is contained within the building which would be insulated and conditions will control construction and operational noise levels. The Environmental Permit will also control dust and stack emissions. Odour is a particular concern for a number of objectors including a number of large food companies. An odour assessment was not initially submitted but has subsequently been submitted. The plant will be largely enclosed including aggregates to prevent odour release. Odour control would also be a requirement of the Permit and will need to meet BAT (Best Available Techniques). I am satisfied that with appropriate conditions and the Permit the proposal will not be to the detriment of residential or industrial users. However, ecology concerns have not been addressed and my recommendation is therefore in two parts. RECOMMENDATION A That the Head of Community Wellbeing and Development be given delegated powers to GRANT permission should a suitable scheme of mitigation/ compensation be submitted to overcome the concerns, subject to the conditions below and any additional conditions. CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in


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writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 4. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 5. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 120 metres to the south west and 2.4 metres x 33 metres to the north east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 6. The vehicular parking and turning areas as shown on the approved drawing(s) shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 7. There shall be no gates or other means of enclosure across the vehicular access point within 20 metres of the highway boundary. 8. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 9. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 10. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 09 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 11. The development hereby permitted shall not be commenced until such time as a scheme for the implementation of a surface regulation system has been submitted to and approved, in writing, by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 12. No work in connection with the construction of the scheme hereby approved shall take place until Noise and Dust Management plans for the construction phase have been submitted to and approved by the Local


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Planning Authority. The approved Noise and Dust mitigation measures shall be fully implemented for the entire duration of the construction phase. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. 5. To ensure that adequate visibility is provided at the proposed point of access to the highway. 6. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 7. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 8. In the interests of highway safety. 9. In the interests of the amenities of the future occupants of the buildings 10. In the interests of the amenities of the future occupants of the buildings 11. To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site. 12. To protect nearby residential amenity, nearby industrial development and the wildlife interests of the area. NOTE(S) TO APPLICANT The applicant is advised that compliance with condition no. @@ does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply


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with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The proposed Asphalt plant will require a Part B permit with Wrexham County Borough Council prior to first operation. Your attention is drawn to the Advisory Notes of Welsh Water attached to this decision. The applicant is advised that should Great Crested Newts be discovered during the works, all work should stop immediately and NRW contacted for further advice. Where a European protected species is present, a development may only proceed under a licence. The applicant is advised that should badgers be identified a NRW protected species licence must be obtained prior to any work clearance taking place. Your attention is drawn to Highway Supplementary Notes numbered 1, 2, 3, 4 and 5 on the enclosed Applicants 'Rights and General Information'. Your attention is drawn to Wales and West Utilities. General conditions and advice relating to the protection of apparatus, working in the vicinity of gas medium pressure pipes/apparatus and prevention of disruption to gas supply. RECOMMENDATION B That the Head of Community Wellbeing and Development be given delegated powers to REFUSE the application should the concerns not be addressed for the following reason: 01 The proposal is not considered acceptable by virtue of the loss of habitat for a S42 species (Welsh priority) and a lack of mitigation and compensation for great crested newts. As such, the proposal by virtue of non-compliance with the requirements of Local Planning Guidance Note 29 and provision of an equivalent area of mitigation would have a detrimental impact on the Conservation Status of protected and priority species.


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The proposal as such would be contrary to Wrexham UDP policies EC4, EC6 and GDP1(h) and Local Planning Guidance Note 29. ______________________________________________________________


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APPLICATION NO: P/2014 /0851 COMMUNITY: Minera WARD: Minera

LOCATION: ROWANS THE SPINNEY OLD ROAD BWLCHGWYN WREXHAM LL11 5UF DESCRIPTION: OUTLINE APPLICATION (WITH ALL MATTERS RESERVED) FOR DEMOLITION OF EXISTING DOMESTIC GARAGE AND RESIDENTIAL DEVELOPMENT. APPLICANT(S) NAME: MR DAVE JONES

DATE RECEIVED: 13/11/2014 CASE OFFICER: SEH AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD

______________________________________________________________ THE SITE

PROPOSAL As above. RELEVANT HISTORY None relevant.

Application Site


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DEVELOPMENT PLAN Within defined settlement limit. UDP Policies PS1, PS2, PS3, PS4, GDP1, H2, EC6 and T8 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant. CONSULTATIONS Community Council: Consulted 19.11.14 Local Member: Notified 19.11.14 Public Protection: Recommend conditions and notes requiring measures to limit the impact of construction works and to investigate potential land contamination. Highways: No objection subject to recommended conditions. (See Special Considerations below) NRW: No objection WW: Notified 19.11.14 Site Notice: Expired 10.12.14 Neighbours: 1 letter of objection (signed by 5 neighbouring

residents) received expressing the following concerns: - Height of the building is not known; - The site could be put on the general housing

market; - Development could impact upon the private

drive to the dwelling known as ‘Kalulushi; - The presence of restrictive covenants should

be investigated; - Development could increase flood risk further

down the hill; - The development should accord with the

appearance of the exiting dwellings in scale, design and materials.

SPECIAL CONSIDERATIONS Background: This is an outline application for the demolition of an existing garage and erection of 1 no. dwelling, with all matters reserved for subsequent approval. The main planning issues to consider relate to the impact of the development of the site upon the character and appearance of the locality, flood risk, highway safety and residential amenities of the occupiers of the surrounding properties in terms of loss of light and privacy.

Design and Amenity: The site is located at The Spinney which is a well-established cul-de-sac off Old Road. The site is considered large enough to accommodate a single dwelling whilst providing adequate on-site parking and outdoor space. Having considered also the properties around the site, it is possible to achieve the erection of a dwelling on this land in accordance with the Council’s separation distances and guidance on ‘Space around Dwellings’


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(LPGN No.21). The development would not therefore lead to a significant loss of light or privacy to the surrounding dwellings. The proposal would afford a good standard of residential amenity for the future occupiers of the development. The Applicant has submitted an indicative layout plan which demonstrates that the plot is large enough to accommodate a dwelling which would be of character in relation to the surrounding properties, whilst protecting the visual amenities of the area. However, design and appearance will be properly considered at the reserved matters application stage to ensure that there is no significant loss of light or privacy to surrounding properties, and that the development accords with the character and appearance of the area. Highway Safety and Parking: The proposed development site is located off a private drive currently serving 3 other properties. The private drive is accessed via The Spinney; an unclassified highway with access on to the B5430, Old Road. The speed limit has recently been reduced to 40mph and visibility splays from The Spinney on to the B5430 are considered acceptable. There is nothing on the plans to indicate that the adjacent driveway leading to the dwelling at the rear (Kalulushi) will be compromised by the development, and the proposed dwelling is shown to be wholly within the Applicant’s land. An advisory note will be attached to the decision notice to advise the Applicant that the development should not encroach upon the adjacent driveway. Ecology: The existing garage has some features which could potentially support roosting bats. The risk of disturbance is low and so it would be sufficient to advise the Applicant of his responsibilities to avoid damage to the species by way of advisory note attached to the decision notice. Flood Risk: Concerns have been raised in relation to the potential for increased flood risk as a result of the development. The site is not within a PRFA and neither Welsh Water nor Natural Resources Wales have raised any objection to the proposal. There will likely be a requirement for the installation of an Aco drain to intercept and water run-off from the site, however this will be properly dealt with at reserved matters application stage. Other matters: The presence of restrictive covenants preventing development of the site is not a relevant planning consideration for this application. CONCLUSION The development accords with the relevant UDP policies and I recommend accordingly.


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RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the means of access to the site and building(s) e. the landscaping of the site. 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development as permitted shall be commenced before the two years from the date of approval of the last of the reserved matters required to be approved. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 5. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 6. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 05 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 7. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 8. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and


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the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 9. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 08. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 10. Details of all of the proposed boundary treatments and any retaining walls in and around the site shall be submitted to and approved, in writing, by the Local Planning Authority as part of the reserved matters application. The boundary treatments as are approved shall be fully implemented in strict accordance with the details as are approved prior to first use of the development. 11. The contents of the indicative site plan submitted in support of this application shall not be regarded as representing an approved site layout or scale of development. 12. Details of the proposed vehicular parking and turning facilities for both the proposed and existing dwellings shall be submitted to and approved, in writing, by the Local Planning Authority as part of the reserved matters application. The facilities as are approved shall be fully laid out, surfaced and drained prior to first use of the development, and shall thereafter be permanently retained and kept free of all obstruction and made solely available for the parking and turning of vehicles at all times. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To protect the amenities of the occupiers of nearby properties. 5. In the interests of the amenities of the future occupants of the buildings 6. In the interests of the amenities of the future occupants of the buildings 7. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 8. To ensure satisfactory drainage of the site and to avoid flooding. 9. To ensure satisfactory drainage of the site and to avoid flooding.


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10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 11. To ensure that all details are reserved for future consideration. 12. 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. NOTE(S) TO APPLICANT The applicant is advised that compliance with condition no. 04 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.


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Further advice on compliance with condition nos. 05 and 06 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 0800 917 2652 The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. The applicant is advised that the existing garage has some features which could potentially support roosting bats. Although the risk of disturbance is low, please be aware that it is a criminal offence to: a) Deliberately capture, injure or kill a bat; b) Intentionally or recklessly disturb a bat in its roost or deliberately disturb a group of bats; c) Damage or destroy a bat roosting place (even if bats are not occupying the roost at the time), d) Possess or advertise/sell/exchange a bat (dead or alive) or any part of a bat; e) Intentionally or recklessly obstruct access to a bat roost. All contractors should be made aware and if bats are disturbed during work, all work must stop and Natural Resources Wales contacted for further advice. ______________________________________________________________


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APPLICATION NO: P/2014 /0868 COMMUNITY: Offa WARD: Hermitage

LOCATION: KINGS MILL HOTEL KINGSMILLS ROAD HIGHTOWN WREXHAM LL13 0NS DESCRIPTION: ERECTION OF NEW CONVENIENCE RETAIL STORE (CLASS A1) 400m2 GROSS / 298m2 RETAIL SALES) WITH ALTERATIONS TO EXISTING ACCESS, PARKING AND ASSOCIATED WORKS APPLICANT(S) NAME: MARSTONS ESTATES LIMITED

DATE RECEIVED: 24/11/2014 CASE OFFICER: SEH AGENT NAME: PEACOCK SMITH LTD MR STEPHEN BUCKLEY

______________________________________________________________ THE SITE

PROPOSAL As above. Accompanying the application is a Transport Statement, Geo-Environmental Investigation and Risk Assessment, Noise Assessment, Planning Statement, and Arboricultural Impact Assessment and Method Statement.

Application Site

Proposed Convenience

Store

Proposed Access


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HISTORY No recent relevant history. DEVELOPMENT PLAN Partially within the settlement limit and partially within the Green Barrier and Special Landscape Area as designated in the UDP. Policies PS1, PS2, PS3, PS4, GDP1, EC1, EC4, EC5, S6, T8 and T9 apply. Local Planning Guidance Note No. 16 ‘Parking Standards’ is also relevant. CONSULTATIONS Community Council: Members are supportive of the development

in principle. However, given the close proximity to the Kings Mill Heritage Centre and Kings Mill Hotel a design more in keeping with the surrounding environment is requested. There are concerns regarding access visibility and this needs to be addressed and approved by the highway authority before final planning approval is given.

Local Member: Notified 02.12.14 Adjacent Local Member: Objects to the proposal on the following

grounds: - It will increase the flow of traffic on the

road to the detriment of highway safety in a location where shorts cuts to the trading estate already take place. Cars speed down the road from the access onto the Kingsmills Road which compounds the problem. We have already had an accident on the bridge at the bottom of Abenbury Road leading to costly repair. There is a bus stop on either side of the road where school children access their busses. The increase in traffic movement will increase danger for the children crossing the road;

- It will cause congestion in the residential area and customers will park on the nearby residential streets;

- There will be an increase in noise and light pollution because of the unsociable opening hours;


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- Children will be tempted to buy junk food from the store on their way to and from school;

- The increased traffic within the site will be a danger for children and families when accessing the outdoor play area associated with the public house;

- The proposal could have a negative impact on the local community as may cause small business in the area to close with the loss of jobs. There is already a small convenience store within walking distance (Premier Store, Pentre Gwyn) and a supermarket (Farm Foods, Hightown) also with walking distance.

- If the store is built and the environmental area is removed, this will increase the amount of litter in the area;

- Kingsmills is a very quiet area and it should remain so.

Public Protection: Have the following comments: - Recommend restricting times when

deliveries can be made to between 07:30 and 22:00 to protect the amenity of local residents;

- Restrict hours of construction works and noise generation from any plant.

Highways: No objection to the proposed development subject to recommended conditions. (Please see Special Considerations below)

Welsh Water: No objection subject to recommended drainage conditions.

NRW: Low environmental risk, standard advice to the developer applies. Recommends that the Council’s ecologist is consulted on the need for a bat survey.

Advert: Expired 09.01.15 Site Notice: Expired 24.12.14 Objections from/on behalf of local businesses- Bob Dewey Planning on behalf of the Proprietor of the Premier Store at Pentre Gwyn, Caia Park: Object for the following reasons:

- The proposal is unacceptable. I believe that the policy background is absolutely clear and that there is no


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doubt that the proposal attracts no support from the UDP;

- The site lies outside of any settlement limit in open countryside and is within a Green Barrier and a Special Landscape Area;

- UDP policy PS1 directs new development to within settlement limits and Policy PS2 seeks to protect the countryside. This means that developments such as this should not be allowed unless there are strong over-riding reasons to justify them. This does not appear to be the case here;

- Policy EC1 relates to green barrier which affords a much higher level of protection from development. This policy does not permit development which would affect the ‘open character’ of the area. The development should be refused for this reason alone. No overriding reason has been put forward;

- The site is within a Special Landscape Area (Policy EC5) which the submitted documents totally omit from analysis. This policy requires developments other than for countryside uses to be strictly controlled. There must be a high standard of development and minimisation of visual impact. Since three elevations are of blank brick it is difficult to see how this can be described as meeting the high standard test. Any illuminated advertisements would further increase the visual impact of development;

- Underlying all national and local planning policy is that all development should be sustainable. Developments should sustain and enhance communities including reduction in unnecessary travel. If this development is allowed it is bound to draw trade away from existing shops (Tesco, Asda, Lidl,


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Farm Foods and Premier Stores) and threaten their viability and thus producing the immediate communities. UDP text 8.13 states that outside of defined shopping centres, but within settlement limits, it is acknowledged that there is a role for local need shops to cater for the day to day needs of customers in the immediate area that are conveniently accessible on foot. This is supported by Policy PS4.

- Policy S6 recognises opportunities for stores within settlement limits where safely accessible on foot. 100% pedestrians will be required to cross the fairly busy road to reach the shop, and for the majority a fairly long walk with gradients. It cannot remotely be described as a good location for access by pedestrians;

- Policy T8 refers to car parking requirement. Given the difficulty in attracting pedestrian traffic, a high proportion of customers are expected to travel by car. There is thus an increase in parking demand whilst the proposal results in a decrease in parking spaces (loss of 15 spaces) on site. As the applicant suggests that the parking requirements are at different times of the day, it would be useful to know when the maximum pub usage is;

- The applicant claims that the development will increase the viability of the pub, but this is not explained and the reality is whilst some people may combine the two visits, the likelihood is more that the store will offer food deals and cheap priced alcohol that will attract people away from the pub;

- The claim of additional employment in the area is dubious because trade will be diverted from elsewhere rendering employment there reduced;


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- The nearby listed mill and bridge should be properly assessed in terms of the impact of development upon the character and appearance of the listed structures;

- The adjacent trees have not been properly assessed.

Highway Planning Services (HPS) on behalf of the Proprietor of the Premier Store at Pentre Gwyn, Caia Park: In respect of the submitted Transport

Statement: - The TRICs data contained within the

submitted Transport Statement has been poorly selected which does not truly reflect the development that it is supporting. None of the sites chosen reflect the application site which is located on the edge of settlement limit and within easy access of only a limited number of residential properties;

- Use of unrepresentative survey data has resulted in unrealistic traffic generation figures. Section 5.2 of the Transport Statement states that in order to ensure a robust assessment, the TRICs data has been refined to exclude Greater London and Ireland. Yet it refers to Camden, Hackney and Tipperary;

- On a daily basis generated customers is considered likely to be 2676 – 1342 by car, and 1255 on foot. Of these 83 were anticipated to use the store during the morning peak hour with a further 99 during the evening peak hour. Basing these figures on the proposed opening hours, it would seem that there would be an average of 82 customers per hour outside of peak times, which is almost the same as the morning peak hour;

- Of the sites used a number are city centre based which do not have any dedicated off road parking and have traffic restrictions in place along the


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highway frontage. The accuracy of the number of customers arriving by car must be questionable;

- Inadequate parking provision – based on the submitted figures, 22 parking spaces are required. The anticipated 12 minutes of duration of stay would increase if shoppers combine the trip with the use of the public house, and turnover of parking spaces would drop;

- All pedestrians will be required to cross Kings Mills Road up to a total of 2,500 times in a day. In the absence of traffic flow data it is not possible to assess whether the provision of a central reservation or controlled pedestrian crossing facility is required;

- There is a lack of easy pedestrian access to the store and so it will be more attractive to customers arriving by car. The topography of the land will limit those using bicycles. No information has been provided as to the regularity of the bus service for customers to access the site. The provision of a store on this location is likely to generate a significant increase in the number of unsustainable short car journeys;

- Documentation submitted in support of the application does not provide a reasonable assessment of the highway impacts of the proposed development, without which it is not possible to ascertain anticipated traffic generation, the adequacy of parking provision, or the safety of pedestrian access. The application should be refused.

Sanderson Consulting Highway Engineers in support of / on behalf of the Applicant: Make the following comments in relation to

the Transport Statement and the comments made by HPS: - With regards to the multimodal data presented in section 5.0 of the Transport Statement, it is confirmed that areas within


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Greater London and Ireland have not been used. Contrary to the understanding of Highway Planning Services (HPS) Camden and Hackney are not located within Greater London, being in the city itself, and Tipperary was omitted from Appendix F. The remainder of the data in appendix F is used in connection with Section 7 of the Transport Statement; - The data presented in the two tables in section 5 relates to the level of two way trips, that is the total of arrivals and departures. The number of arrivals is therefore half of the values indicated. Contrary to the understanding of HPS (as above) this equates to 41 arrivals (half of 82); - Therefore the parking requirement also calculated by HPS (22no.) is also incorrect; The parking requirement, based on the predicted arrivals in the transport statement would therefore be 11 spaces. The statement is robust and is based on vehicular movements rather than vehicle occupants. - HPS claims that no data has been provided for Kingsmills Road. This is incorrect and the data can be found at Appendix C and is referenced in Section 2.3 of the Statement; - As regards safe access on foot, the proposals include for the provision of a continuous footway along the site frontage connecting to the existing bus stop (to which there is a regular bus service) and providing a significant improvement to safety for users of public transport and those on foot; - It is concluded that the Transport Statement does provide a reasonable assessment of the highway impacts and parking provision. Improvements are proposed to enhance existing footway provision. The findings and points raised by HPS have been shown to be based on incorrect interpretation of the data presented and can be offered no weight in relation to the proposals.


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Other Representations: 2 online comments received confirming that there are no objections to the development provided that a safe access is provided with sufficient visibility in both directions.

7 individual objection letters, 5 online objections and a petition carried out by the adjacent local member with 701 signatures objecting to the development have been received. The key objections are summarised below: - There isn't a need for the development; - Detrimental impact upon existing shops in the area; - Objections to a large retailer and unfair competition; - Noise/amenity impacts caused by unsociable opening hours and delivery times; - Not in keeping with the character and appearance of the area; - Inappropriate design of the building; - Inadequate parking; - Increased highway danger. The pavements are not sufficient to provide safe and convenient pedestrian movement, particularly in the light of the increased footfall associated with the proposed shop; - Additional traffic will exacerbate problems with already speeding traffic on the Kingsmills road, particularly HGVs; - Number of HGVs servicing the site; - Increased litter; - Inadequate provision for delivery vehicles; - Risk to children going to/from the school bus stops; - Rise in anti-social behaviour; - Impact upon the public house due to sale of cut price alcohol; - Ecology impacts; - Impact upon the adjacent trees; - Undesirable youth element; - The junction to the housing estate is directly opposite the proposed access to the new shop and existing pub. This will add considerably to the danger to users of the access to and from the housing estate; - The development is superfluous to requirements and this creeping urbanisation


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would be incongruent to its setting – which is so like being in the countryside. Traffic would be a nightmare, and the development would threaten the viability of other local stores.

SPECIAL CONSIDERATIONS Background: Proposed is the redevelopment of a site which is partially outside of the settlement limit and partially within Green Barrier and a Special Landscape Area, as defined within the UDP 2005. The site currently supports a Public House with ancillary outdoor play and eating space and associated car park. The proposed new building is to be located on the part of the site which is outside of the settlement, and within Green Barrier and a Special Landscape Area. The land is already hard surfaced and is utilised as a parking area for the Pub, and this part of the land also currently houses a recycling facility. The land which is outside of the settlement limit is thus already used for commercial purposes and I do not consider there to be a change of use of the land proposed in developing this land for a convenience store. The main issues to consider relate to the impact of the development upon the visual and residential amenities of the locality, and upon highway safety. Matters also raised for consideration are competition based, question the need for a local convenience store, and the sustainability of the proposed development in terms of location. Policy: Policies PS1 – PS4 are the strategic polices which apply the sustainable development principles contained in national planning policy. The strategy seeks to safeguard the amenity of settlements and secure economy and efficiency in the use of land resources through the regeneration of built up areas together with some limited outward growth (out of settlement development). This is particularly in relation to the principal Town Centre of Wrexham (of which the application forms part) as the hub where most of the main retailing, employment and services are concentrated and best suited to significant development. That is not to say that it is appropriate to allow growth in every direction as the town adjoins areas of high quality such as in this instance, the nearby Kings Mill and Erddig Estate beyond. These constraints should be taken into account when considering applications for outward growth, and the protection of these areas is of high importance. Though the development of the land outside of the settlement limit would conflict partially with Policy PS1 because it is outside of the settlement limit, as the use of the land had already changed to commercial and been hard surfaced it would not be contrary to the rest of the policies which seek to ensure that the countryside is not detrimentally affected, that previously development land is used and the settlement pattern is maintained. The proposed development would maintain the existing pattern of development as it would not encroach any further into the adjacent countryside / wooded area than the existing parking area already has; it is integrated with the existing transport network to help reduce the need to travel by car; it is previously


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development land (as a car park and recycling facility) and it will not detrimentally affect the openness of character of the site. The proposed development fully complies therefore with all but one (PS1) of the strategic policies aimed at securing sustainably located development sites. It is important to note though that PS1 only directs development to within settlements limits, the growth of such limits is acceptable provided that the development accords with the built environment Polices which will be further discussed later in the report. Though part of the site is located within Green Barrier as defined in the UDP 2005, the character of the site has obviously significantly changed since it was decided to include it within the designation. Policy EC1 seeks to protect land by way of Green Barriers which maintain the openness of the area and prevent development which conflicts with the purposes for including the land within the Green Barrier in the first place which are:

i) To prevent the coalescence of urban areas and villages with other settlement limits;

ii) To assist in safeguarding the countryside from encroachment; iii) To protect the setting of urban villages; iv) To assist in urban regeneration by encouraging the recycling of derelict

and other urban land. The development of the site would not be contrary to any of the purposes set out above (i – iv) as the land is already in commercial use and the development would not encroach any further into the countryside than the current ground conditions; the application site is previously development land; the erection of a building on site would not lead to the coalescence of urban areas. The application site is within and adjoining the Wrexham principal settlement limit and is not within an urban village as defined within the UDP, thus criterion iii) does not apply. The site is also within a Special Landscape Area as defined in the UDP 2005 and as such Policy EC5 relates. This Policy states that priority will be given to these areas to protect the character and enhancement of the landscape where it is considered to be of particularly high landscape value. The part of the application site where the building will be located cannot be described as high quality in any way as it consists of a hard landscaped parking area and recycling facility which make little contribution to the character and appearance of the locality. The site is well screened and as such both nearby and distant viewpoints are protected within the Special Landscape Area. The proposed development does therefore accord with Policy EC5. As members will be aware, the planning authority is currently writing the new Development Plan (LDP2). Given the current commercial use of the site and the character and appearance of the land; which upon recent assessment is found to be completely hard surfaced and adjacent to a wooded area which clearly forms a more appropriate and logical development boundary, it is likely to be included within the settlement limit in the new Development Plan by the extension of the development boundary to include the hard surfaced area as it


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no longer contributes to the quality of the Special Landscape Area and it does not conflict with the purpose of the Green Barrier or affect its openness in this instance. In light of the above and despite the location of the development boundary crossing the site, I consider Policy S6 relevant to this application. This Policy permits small scale shopping developments within settlement limits provided that: a) the development is safely accessible for customers on foot; b) the development does not harm residential amenity and / or does not give rise to traffic problems e.g. on-street parking that cannot be addressed; c) the sales floor area of each development does not exceed 300 square metres. Access, parking and amenity issues (criterion a and b) will be fully considered in later sections of this report below, but at this stage I confirm that the sales floor area being 280 square metres does not exceed 300 square metres, thus I am satisfied the development accords with part c) of policy S6. Also in light of the above there is no requirement for the applicants to demonstrate a need for the development, or to assess its impact on existing businesses within Wrexham or district shopping centres. Paragraph 8.13 of the UDP states that shops of the size proposed ‘would not materially detrimentally affect the vitality and viability of district shopping centres ’. Planning Policy Wales has been updated since the UDP was adopted but Chapter 10 (Planning for Retail and Town Centres) has not been changed substantially. I have no reason to believe that policy S6 is out of date or significantly at odds with national planning policy. Design: The existing site comprises of a Public House of traditional appearance with its side elevation fronting the highway. To the front of the Pub and also fronting the highway is a large expanse of unbroken hard standing (the pub car park) with some areas of soft landscaping adjoining the rear and front of the Pub. The land to the south east is a wooded area with a recycling facility directly in front. The only structures that have statutory protection are the nearby listed bridges close to the Kings Mill. Given their distance away from the site and due to the topography of the area I do not consider the proposal to adversely affect the setting of the bridges. Whilst the Pub and Mill are not listed structures there still have some historical interest and contribute to the visual and historic character of the area. Firstly in considering the Mill, the building is viewed more in connection with the listed bridges and occupies a riverside location set within large open grounds. The Mill is set down and located to the south east of the development site. The difference is site levels between the Mill and the development site is quite substantial and would not detract from the wider setting of the Mill. The trees to the rear of the new building will also offer some visual screening on approach to the site over the bridges and also when visiting the Mill.


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The Kingsmills pub whilst not listed is also of historic and architectural interest and retains some traditional detailing, and displays a variety of local building materials within its construction which further add interest. The proposed retail unit on the car park is of a standard design and appearance for such structures. Whilst the building is in contrast to the traditional detailing and scale and form of the pub, the single storey height of the new building is a benefit. Landscaping of the parking area and ensuring that materials, signage etc. is complimentary for the site in general will be important. Signage would be the subject of a separate application and would be properly considered at that time. The proposed building will have a pitched roof with hips to the front and rear to add visual interest to the roof scape. The external walls will be of brick and should planning permission be granted a condition should be attached to secure the submission of samples so that the only the most appropriate materials for the area will be used. The position of the building together with its relatively simple design will aid in keeping its impact upon the wider street scene to a minimum. As mentioned above, the building is in contrast the existing Pub which would not be an unusual feature; the development looks, as it is intended to, like a convenience store. Whilst the public house is of traditional appearance many of the dwellings in the immediate locality are comparatively modern in character. Taking these factors into account the appearance of the building would not be significantly at odds with the general character of the wider surroundings nor will it significantly alter the predominately residential character of the area. Amenity: The building will be approximately 30 metres from the nearest dwelling located across the car park and the Kingsmills Road. The building is thus far enough away to ensure that the building will not be oppressive or cause any loss of light or privacy to the surrounding residential properties. The proposed opening hours (07.00 – 23.00) are unlikely to give rise to significant levels of disturbance. I would expect the development to be busiest at peak morning (8-9am) and evening (5-6pm) times with steady levels of trade during the rest of the day/evening. The hours of use will also generally coincide with times when there will already be other noise as a result of passing traffic and/or staff and customers arriving/leaving the public house. Deliveries will be made to a service area adjoining the north-western side of the building. The submitted plans also show plant (such as air-conditioning equipment) being located in this area. The use of this area will therefore inevitably generate noise. Given the distance to the nearest property, this noise would not be considered to be significant and the noise level will be restricted by planning condition should permission be granted. A Delivery Management Plan for deliveries will also be secured by planning condition which will ensure that deliveries are not made before 07.30 or after 22.00 hours on any week day, or between the hours of 10.00. and 18.00 on a


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Sunday or Bank Holiday. This is with the exception of newspaper deliveries which are usually made by smaller vans. Taking into account the location of the site and its reasonable distance away from the residential properties opposite, I consider these times to be acceptable. The proposal therefore accords with Policy S6 (criterion b) and GDP1. Highway Safety, Access and parking: Safety of the vehicular access The proposed development site is located on the Kingsmills Road which is a classified road subject to a 30 mph speed limit. A speed survey was carried out on 05/09/2014 along this section of road which determined 85th percentile wet weather speeds of 28.9 mph for vehicles travelling westbound (uphill) and 30.0 mph for vehicles travelling eastbound (downhill). Such speeds would normally require any proposed access to provide visibility splays of 2.4 x 38m to the east and 2.4 x 46m to the west. Currently there are two access points to the application site. Visibility from the existing westerly access is adequate; however the access to the east suffers from substandard visibility in an easterly direction. It is proposed to close both existing access points and create a single access points which will be of appropriate width (7.5m) the serve the proposed development and existing pub, and will provide the necessary visibility splays in both directions to ensure a safe and satisfactory vehicular access. Access for delivery vehicles Submitted plans and swept path analysis demonstrate that the largest delivery vehicle (11m long ridged heavy goods) can enter and leave the site in a forward gear, making the necessary manoeuvre entirely within the application site which will not interfere with the pedestrian access to the north east of the site from Kingsmills Road to the store, or the pedestrian route from the Pub to the external seating/play area. The maximum size of delivery vehicle for both the store and the Pub can be controlled by Delivery Management Plan, the submission of which will be secured by way of planning condition should be permission be granted. I appreciate that the development will result in an increase in the number of both HGV and LGV travelling through this area however the increase will be comparatively small. The highway authority has not expressed any concerns about the number of additional goods vehicles travelling along this section of Kingsmills Road. Pedestrian access / safety Pedestrian access in a westerly direction is considered to be safe and satisfactory, with footways on both sides of the road. The Applicant has proposed to construct a 2.0m wide footway on the eastern side of the access


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which will provide a continuous link to the existing bus stop where there is currently no footway and passengers alight directly onto the road. This is considered to be of significant benefit to highway safety in comparison to the existing pedestrian facilities, and will ensure safe pedestrian access to and from the site. Based upon the forecast traffic flows and pedestrian movements an assessment of the need for a crossing point has been made, and the proposed development does not meet the recommended national criteria for the provision of a formal crossing point in this area. The footway improvements proposed which will increase pedestrian safety in the locality particularly for users of the bus service which includes school children. The parking areas for smaller retail developments are often also used by both vehicles and pedestrians. This does not make them inherently unsafe and I am aware of other local convenience stores in Wrexham where delivery vehicles access services areas via customer car parks/areas crossed by visiting pedestrians – notably the Spar on Rhosddu Road and the Coop on Borras Park Road. A pedestrian link from the back of the new footway leading directly to the store is proposed and this (together with the new footway) is considered to be adequate to ensure safe and convenient pedestrian access to cater for the increased footfall in accordance with UDP Policies S6 (Criterion a), T9 and GDP1. Parking The application site currently has 52 no. parking spaces to support the current use of the site as a Public House. A parking survey was carried out during pub opening hours in order to measure the usage of the existing car park. The survey covered the busiest days for the pub which are Friday, Saturday and Sunday. The maximum number of cars parked at any one time was found to be:

• 12.00 to 17.00 - 7 cars • 17.00 to 18.00 - 7 cars • 18.00 to 23.00 - 10 cars

Development of the site will see a reduction in car parking to 32 no. spaces to serve the both the proposed convenience store and the existing Pub. LPG16 permits a maximum of 63 spaces for the site as a whole – 29 for the proposed retail unit and 34 for the public house. A total of 32 spaces (or 51%) of the maximum will be provided for the whole site, and the car park is to be laid out so it can be used by customers visiting the Store and/or the Pub. Members will recall a recent Appeal decision at the Red Lion Pub in Marford following refusal of permission by the Council for a similar scheme for a convenience store in the existing car park. In that case 52% of the maximum parking standards contained within LPGN 16 was considered by the Inspector to be adequate to serve the proposed development. The conditions relating to this application site are very similar in terms of the deciding factors in the Appeal, such as availability of public transport, proximity to other local services and facilities, pedestrian accessibility, highway safety and amenity


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considerations. As such, the Council would find it very difficult to defend a position which it is not consist with this Appeal decision, and the Inspector’s decision is a material consideration in the determination of this application. As is the case with the users of the Red Lion Pub, whilst there may be occasions when a significant proportion of customers arrive by cars, public houses are generally attended by groups who travel together, those who travel by foot, public transport and taxi. The Public House is well located for customers to walk to it or arrive by bus or taxi. It would therefore be difficult to justify insisting upon the maximum provision for the site let alone the retention of the existing car park that exceeds the LPG16 maximum requirement by 18 spaces. In order to justify the level of parking proposed, the Applicant has presented parking accumulation data from both a similar outlet and from surveys carried out at the existing public house. This assessment indicated that the maximum combined parking demand during peak hours would be up to 18 spaces (7 for the pub and 11 for the store) leaving a further 14 spaces to be used by other staff and visitors to the site. It is not currently known how many staff will be employed at the store, but when combined with staff at the pub, I am satisfied that the surplus of 14 spaces is acceptable. Due to its size the proposed shop is likely to be a destination for top-up rather than main food shopping. Evidence from household surveys submitted with Retail Assessments supporting planning applications for much larger developments elsewhere in Wrexham consistently demonstrate that around half of people drive to do their top up shopping. The overwhelming majority of the rest walk. As the site will be easily accessible on foot it is highly likely that a significant proportion of the shop’s customers will arrive on foot. Indeed its location may well encourage people who currently drive to do their top-up shopping elsewhere to walk to this site. The development of this site is therefore considered to be in a sustainable location which promotes alternative means of travel other than by car. Dray wagon deliveries to the public house will use the same turning facility as the convenience store and visit 1 day each week. Other deliveries to the public house (food and fresh produce) are generally made by smaller vehicles via the car park 3 times a week, usually during the mornings when the public house is closed. These deliveries are unlikely to require the use of a significant number of parking spaces or to occupy parking spaces for any significant length of time. Deliveries to the site do have the potential to put pressure on the amount of parking available. However as already mentioned above, it is unlikely that peak demand for either use will overlap with deliveries. This should ensure that the short term loss of some spaces will not result in parking/access problems within the site or immediate locality. The Transport Statement suggests that individual parking spaces are likely to be occupied for around 12 minutes thus ensuring a high turnover of spaces. Taking into account the fact that the shop is likely to derive much of its trade


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from top-up shopping, I am mindful to agree that most parking will be relatively short stay ensuring parking spaces will frequently become available. Provided the car park is not subdivided between the two sites and it is retained as a communal facility for both premises (as is proposed), there should be a sufficient number of parking spaces to adequately cater for those times of day when demand for either premises is highest. Therefore whilst the overall provision is around half of LPG16 guidance it is unlikely to give rise to significant problems with indiscriminate on-street parking in this instance, and the proposal accords with UDP Policies S6 (criterion b), T8 and GDP1. Service and Delivery Management Plan In order to minimise any potential disruption caused by delivery vehicles servicing both the public house and proposed store, a Delivery Management Plan is required which will detail how and when deliveries will take place without impeding parking / access within the site. As part of this Plan, provisions can also be made to ensure the maximum size of delivery vehicle is adhered to together with the agreed delivery hours. It is assumed that any public house deliveries could take place in the mornings when the pub is closed and any deliveries arranged to avoid peak times, and this will all be controlled through the submission and approval of the Plan by conditions attached to any planning approval. There is thus no objection to the application on highway safety grounds. Ecology: Tree removal is not required in the wooded area to the east of the site, and the development will not extend beyond the existing hard standing area. Accordingly the development is unlikely to impact upon bats that may be present there. I note that a representation has been received in respect of potential impact wildlife on site; however Natural Resources Wales has not expressed any concern about this matter. As such I conclude the development will not have a significant or adverse impact upon them. A planning condition would be required for the submission and approval of a lighting scheme for the development to ensure that light is directed away for the trees to limit any potential impact upon bats. Trees: A full Arboriculture Impact Assessment (AIA) has been carried out and submitted in support of the application. The AIA demonstrates that the store can be erected on the footprint as proposed without adverse effect upon the health or stability of the trees located adjacent to the site on the eastern boundary. No trees will be removed from this area (which is outside of the development site). There is a requirement for some pruning of the lower branches of 2 trees to facilitate the construction, the extent of which is considered to be acceptable both visually and in terms of the health of these trees. The wooded area will be unaffected by the development which will protect the visual amenities of the area and ensure that the development is screened from an easterly direction. There are no proposals to alter the vegetation on the south west boundary and the building will remain suitably screened in this direction.


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4no. trees (T1, T8, T9 and T10) are shown to be removed from within the application site (Please see plan below). These trees have all been assessed as Category ‘C’ trees which mean that they are of only fair to poor condition. A condition should be attached to any subsequent approval for the submission and approval of a comprehensive landscaping and planting scheme. This will ensure that adequate tree planting will be carried out to both break up views into the site and soften the appearance of the built development. This is particularly important on the highway boundary where 2 of the 4 Category ‘C’ trees will be removed to create the new footway and improved visibility splay to the east of the access. The replanting along this boundary will be an important consideration in the approval of landscaping scheme.

Other Matters: Concerns have been expressed about the potential for antisocial behaviour. The layout of the site will ensure that all customers have to gain access to the premises from an entrance facing the main road. The frontage of the site will benefit from natural surveillance from the highway and properties opposite which should aid in deterring anti-social behaviour. The issue of increased litter in the area as a result of the development has been raised. Whilst this is obviously something which we cannot strictly control, a condition should be attached to any subsequent permission which secures the submission and approval of a scheme of litter bins on site.

T1 Cat ‘C’ – Weeping Willow - Poor Condition

T8 Cat ‘C’ – Yew – Fair Condition

T9 and T10 Cat ‘C’ – Ash and Hornbeam - Fair Condition


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CONCLUSION The footprint of the proposed built development will be entirely on the part of the application site which lies outside of the settlement limit, within Green Barrier and a Special Landscape Area. However the land is already in commercial use and has been hard surfaced to provide for a parking area and recycling facility. The land in its current form makes little contribution to the appearance of the Special Landscape Area and development of the site would not conflict with the purposes for the Green Barrier designation nor would it affect the openness of the area due to the topography of and tree coverage on the adjacent land. The development is of an appropriate scale and design and accords with the character of the site. The wooded area to the east of the site will be unaffected by the development which will protect the semi-rural appearance of the site and retain the backdrop of the site as it is now. The removal of the recycling facility will improve the visual amenities of the area and the proposed development would make a positive contribution to the appearance of the nearby locality. The development site is located in a sustainable location and both safe and convenient pedestrian and vehicular access to the site can be provided, along with adequate on-site parking to cater for both the Pub and new store. As such the development accords with all of the UDP Policies mentioned above, the most relevant being Policies S6 and GDP1, and I recommended accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. 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 rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at nearby noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:2014 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 5. No use of the development shall be made before 0700 hours or after 2300 hours on any day. 6. All commercial vehicles visiting the application site for the delivery and collection of goods shall be limited to articulated vehicles not exceeding 11 metres in length or to vehicles with a turning capability equivalent or better than such a vehicle.


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7. No deliveries of goods to or collection of refuse from the retail unit hereby granted permission shall take place outside of the following times: 07:30 and 22:00 Mondays to Saturdays and, with the exception of the delivery of newspapers, 10:00 and 18:00 on Sundays. 8. No customer shall be admitted to the retail unit before 07:00 or after 23:00 hours on any day. 9. The sales floor area of the retail unit hereby granted permission shall not exceed 300 square metres. 10. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 11. The tree protection fencing and ground protection measures approved in connection with condition no. 12 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 12. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 13. The following activities should not be carried out under any circumstances: 1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works.


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3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 14. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 15. The existing trees, shrubs and hedges shown to be retained on the Tree Protection Plan shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be replaced with trees, shrubs or hedging plants of the equivalent size and species. 16. Within 3 months of commencement of development a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme as is approved shall be fully implemented in all respects prior to first use of the development. The approved lighting shall thereafter be retained and shall only be replaced on a like for like basis. 17. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a plan indicating the positions, design, materials and type of boundary treatment and timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 18. The landscaping scheme submitted and approved in connection with condition no. 18 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 19. The landscaping scheme as carried out in connection with condition no. 19 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 20. Within 3 months of commencement of development a scheme of litter/refuse bins shall be submitted to and approved in writing by the Local Planning Authority. The scheme as is approved shall be fully implemented in all respects prior to first use of the development. The approved bins shall thereafter be permanently retained in a usable condition. 21. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays


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shall thereafter be permanently retained clear of any such obstruction to visibility. 22. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. 4216-P01 Rev E. 23. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 4216-P01 Rev E shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 24. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed new access and closure of existing access points. 2) Detailed layout, design, drainage and construction of the proposed new footway fronting the development site. 3) Details of amendments to existing signs and lighting columns along site frontage. The scheme as is approved shall be fully implemented prior to first use of the development. 25. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 26. No development shall take place until a Service and Delivery Management Plan (SDMP) to include (but not limited to) the details of frequency of deliveries, type of delivery vehicles to be used, management of car parking to facilitate delivery vehicles has been submitted to and approved, in writing, by the Local Planning Authority. The SDMP as agreed shall be implemented in accordance with the approved details. 27. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented. 28. A Final Travel Plan shall be submitted to and approved in writing by the Local Planning Authority after six months of first use of the development. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties. 5. To ensure that the retail unit is not used at a time which would be likely to cause nuisance or disturbance to nearby residents. 6. In the interests of highway safety. 7. To protect the amenities of the occupiers of nearby properties.


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8. To protect the amenities of the occupiers of nearby properties. 9. To ensure that the development fully complies with the appropriate policies and standards. 10. To ensure that the retained trees are adequately protected during development in the interests of amenity. 11. To ensure that the retained trees are adequately protected during development in the interests of amenity. 12. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 13. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 14. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted, to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 20. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 21. To ensure that adequate visibility is provided at the proposed point of access to the highway. 22. In the interests of highway safety. 23. 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. 24. In the interests of highway safety. 25. In the interests of highway safety. 26. In the interests of highway safety. 27. In the interests of highway safety. 28. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle. NOTE(S) TO APPLICANT The applicant is advised that compliance with condition no. 05 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise


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from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. Lighting has the potential for classification as a statutory nuisance under the Environment Protection Act 1990. If lighting is found to be causing a nuisance than an Abatement Notice may be served, and the applicant is advised to consider this when designing the installation of any lighting. Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.


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You are advised that the separate written consent of the Council must be obtained in respect of any proposed illuminated or projecting sign. The scheme of landscaping referred to in the above conditions shall include 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. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as ""conditions precedent"". You should be aware that it is important that you comply with any ""conditions precedent"". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s). 25 to be formally discharged in writing. The proposed scheme 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 S.278 of the Highways Act 1980. You are advised that the Highway Authority will require such works to be completed to their satisfaction before they will formally adopt the relevant Highway works for public use and to be maintained at public expense. This will include the provision of a bond to cover the estimated value of such works. The appropriate fees will become due to the Council when the Highways Authority approve the proposed works to be carried out. I would recommend that the applicant contacts Jessica Pritchard - Regional Travel Plan Co-ordinator on Tel: 01352 704544 to discuss the proposed content of any Final Travel Plan. ______________________________________________________________


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APPLICATION NO: P/2014 /0895 COMMUNITY: Penycae WARD: Penycae & Ruabon South

LOCATION: LAND BETWEEN IDOMA AND 1 BRYN COTTAGES PENYLAN RUABON WREXHAM LL14 6HP DESCRIPTION: ERECTION OF NEW DWELLING (3 BEDROOMS) ATTACHED TO 1 BRYN COTTAGE APPLICANT(S) NAME: MRS E BUCKLEY

DATE RECEIVED: 02/12/2014 CASE OFFICER: MP AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD

______________________________________________________________ THE SITE

PROPOSAL As above.

Application site and approximate footprint of

dwelling

Vehicular access


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HISTORY P/2014/0452 Erection of dwelling. Granted 12.9.14 DEVELOPMENT PLAN Outside of a settlement limit and with a Special Landscape Area. Policies GDP1, EC5, H5 and T8 apply. CONSULTATIONS Community Council: Consulted 12.12.14 Local Member: Notified 12.12.14 Public Protection: Recommends a condition and advisory notes in

respect of construction impacts. Highways: Have made the following comments:

- Given the low speed and narrow width of the road visibility at the access is considered adequate;

- The driveway is less than 3.5m wide and does not provide for the simultaneous passage of vehicles. However the driveway already appears to serve two dwellings and it is considered that the addition of a third will not detrimentally impact on highway safety in this instance;

- Access rights over the private drive is a private matter for the owner of the road to resolve;

- Recommend conditions. Welsh Water: Consulted 12.12.14 NRW: Council’s Ecologist should be consulted in respect

of bat roosts. Site Notice: Expired 9.1.15 Neighbours: The owners/occupiers of 5 nearby properties

notified 29.12.14 and again on 27.1.15 in respect of amended plans. 2 representations objecting and expressing the following concerns: - It will detract from the appearance of

neighbouring dwellings and the village; - Unsympathetic to the appearance of Bryn

Cottages; - Use on non-matching materials is proposed; - Crime figures in the Design and Access

Statement are exaggerated. The dwelling will result in a slight not significant improvement in natural surveillance;


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- It would only mean one of three properties on the Bryn Cottages site would enjoy its own independent vehicular access in a village where there is no public transport;

- Create a precedent; - The road between the site and the church

opposite is heavily used by agricultural machinery during periods of peak agricultural activity and when church services are held. The application would increase traffic;

- Over development of a confined space; - Reduce natural light to Idoma and diminish the

efficiency of the solar panels installed on it; - Personal circumstances do not warrant making

an exception to the approved plan; 4 representations in support received and making the following comments: - It is a concern families have to leave Pen Y Lan

due to the lack of available housing; - Community is important – to have families

break up due to housing is a concern; - The applicants are a valuable member of the

community; - The applicants value the support from friends

and family in Pen Y Lan; - Dwelling would be in keeping with the village; - Pen Y Lan is in need of affordable housing for

children of existing residents who have grown up and left home;

- The applicants have lived in the area for their whole lives;

- The applicant was born and brought up in the village and will be given the chance to bring up his family here

SPECIAL CONSIDERATIONS Background: The applicants sought permission for the erection of a detached dwelling on the site in June 2014. After visiting the site Members refused planning permission for the development in September 2014 on the grounds that it would not reflect the character of the built frontage to which it belonged due to the restricted width of the plot and the dwelling. Policy: The site is outside of a settlement limit and therefore residential development is not normally permitted unless it accords with policy H5. Policy H5 permits infill development which is defined by paragraph 6.13 of the UDP as development of no more than two dwellings in a small gap within a


2 March 2015

well-developed frontage. However such development is only acceptable where no environmental damage occurs. The dwellings either side of the application site form part of a cluster of 8 that are all located on the northeast side of the highway. Together they form a well-developed built frontage. The proposed dwelling will be built in a gap between the dwellings either side that is between 6 and 8 metres wide. In the context of the built frontage as a whole this is a small gap and accordingly the site can be considered as infill development. It is however also necessary to consider the impact the development will have on the environment. Visual impact: The dwelling will extend from the site elevation of no.1 Bryn Cottages thus creating a terrace comprising of the new dwelling and nos.1 and 2 Bryn Cottages (see the front elevation and east elevation plans below).

Existing dwellings Proposed dwelling

Existing dwellings

Proposed dwelling


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I consider the provision of an additional dwelling by way of an extension to the existing semi-detached properties to be acceptable in principle. Unlike the previous proposals, and subject to good design, this will not give the impression of a dwelling crammed into a small gap. However the scale, proportions and appearance of the dwelling currently proposed are at odds with those of the existing semi-detached properties and will therefore detract from their appearance and that of the built frontage as a whole. The development is not of a scale that will have significant or harmful impact upon the wider rural landscape and Special Landscape Area. Amenity: The dwelling will not adversely impact upon the standard of amenity afforded to the occupiers adjacent existing properties by way of loss of light, privacy and will not be visually overbearing. Whilst noting the concern one neighbour has regarding the loss of light to solar panels, the Council has not specific policy or an adopted standard that requires the siting of a development to have regard to solar panels. Access and Parking: The applicant proposals to provide a driveway to the rear of nos.1 and 2 Bryn Cottages to the east of the site. This will connect to an existing private driveway which also serves those two dwellings. Whilst the private driveway is too narrow to permit vehicles to pass and to simultaneously exit and enter the adopted highway, traffic volume and speed along the latter is generally low. The limited amount of additional traffic generated by the development is therefore unlikely to detrimentally impact upon highway safety. It is unclear whether the applicant has any right to use the above mentioned private driveway however this is a private matter for the applicant and the owner of the driveway to agree. The proposed driveway will give access to 3 parking spaces located at the rear of the dwelling. The proposed parking provision accords with LPG16. Other matters: Whilst noting that there is support for the application, the applicant’s personal circumstances and the fact that her and her partner have lived in the village for all of their lives are not, by themselves, valid reasons to permit the development and do not warrant setting aside other planning considerations. CONCLUSION The development will detract from the appearance of the adjoining dwellings and that of the immediate locality so does not accord with policy GDP1(a).


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RECOMMENDATION: That permission be REFUSED REASON(S) 1. The scale, proportions and appearance of the proposed dwelling do not reflect those of the adjoining semi-detached properties and as such it will detract from both their appearance and that of the immediate area. Accordingly the development does not accord with policy GDP1(a) of the Wrexham Unitary Development Plan. ______________________________________________________________


2 March 2015

APPLICATION NO: P/2014 /0919 COMMUNITY: Bronington WARD: Bronington

LOCATION: KILN GREEN BARNS KILN LANE ISCOYD WREXHAM SY13 3AU DESCRIPTION: ERECTION OF HAY AND STRAW STORE BUILDING APPLICANT(S) NAME: CAS ESTATES LTD

DATE RECEIVED: 11/12/2014 CASE OFFICER: JS AGENT NAME: CHARTLAND DEVELOPMENTS LLP MR ANDREW JONES

______________________________________________________________ P/2014/0919 THE SITE The site is located on north side of a lane linking between Higher Wych Road and Foxholes Farm. The site is near a recent barn conversion scheme (see history below), and close to a public footpath (Iscoyd 9A). The site comprises part of an agricultural field.

PROPOSAL As above. The building measures 6.7m long, 3.7m wide and 3.7m high to eaves and 4.3m high overall. It will have open sides and a corrugated sheet roof.

New Store Building

Barn Conversion scheme under construction

New Manege and Stable


2 March 2015

HISTORY P/2008/0265 Conversion of barn to 5 residential units, alterations to

vehicular access and associated works. Granted 9.12.2010.

P/2014/0414 Revision to previous planning permission, to change one dwelling unit into three dwellings. Committee resolution to support (1.12.14), but awaiting S106 legal agreement regarding educational facilities.

P/2014/0920 Erection of stable building (3 stables, feed store and feed/tack room) and construction of manege (40m x 20m) adjacent to Unit 5 of Kiln Green Barns. See next item on agenda.

DEVELOPMENT PLAN Outside any settlement area and within a Special Landscape Area. Policies PS1, PS2, GDP1, EC5 and T8 of Wrexham UDP are relevant. CONSULTATIONS Community Council: Objects – loss of green belt land, and poor

highway access to the site. Local Member(s): Notified 16.12.14 Natural Resources Wales: Standard advice is relevant Highways: Recommends the provision of amended plans to

show on site turning facilities. Development would need to include planning conditions concerning visibility, surface treatment, and drainage – but it is noted that the development will use an existing access which is gated.

Site Notice: Expired 12.1.15 Other Representations: 1 neighbour notified and the following comments

have been received: • The store will be used to support horse

related uses in connection with occupiers of unit 5 of Kiln Green barns. The previous tenant farmer of Maes y Groes had no use for such a structure in that location. This is not a logical place to support agricultural operations.

• The store is on prime agricultural land, and exceptional landscape where non-agricultural buildings are not permitted. The development will substantially change the exception rural landscape.


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• It will set a dangerous precedent for further applications and facilities for further potential purchasers of other units.

SPECIAL CONSIDERATIONS Policy: Providing the storage building is used only in connection with the authorised agricultural use of the land there are no objections to this relatively small hay and straw store building – which is about the size of a single domestic garage. The building will be located close to an existing hedgerow to give some screening, and it is conveniently close to an existing field gate to allow access from the highway. Access issues will be examined below. Although the use is acceptable for agricultural reasons, it is known however that this building is likely to help support the use of a new development (e.g. stables and manege) which is intended to be located on the other side of the lane – see application P/2014/0920, the next item on this agenda. That proposal will allow some use of land for non-agricultural uses, and therefore that use could have implications for this development because that building will be supported by the grazing of horses on the land. But providing this adjacent field is only used for horse grazing purposes only, the store is not large enough facilitate additional non-agricultural uses at this location. It is also noted that the restricted area of the red line of the application site will ensure that control over the use of land on this side is maintained. Highway safety: Highways has recommended that on-site turning is controlled, but this is already possible within the field area, and this proposal does not provide a new or altered access point onto the highway. It is only possible to consider the safety implications of increased used but as mentioned above, this building is very small. It will only help with the grazing purpose of land (albeit for horses) and this is already an established use of the land. Therefore any need to impose further constraints on this access is unnecessary and unjustified. However the presence of the public footpath at location should be raised as a note to applicant as part of any decision.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The roofing material of the store building shall be finished with a dark grey colour. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of the visual amenities of the area.


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NOTE(S) TO APPLICANT You are advised that this permission does not authorise any non-agricultural uses of the building or the adjacent fields. ""Agriculture"" is defined in the Town and Country Planning Act 1990 as being ""horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes"" Therefore if it is intended to utilise any part of the building/land for horses, this may is not allowed unless the field is used for grazing only. You are advised that the site is adjacent to Public Footpath No. 9A - Iscoyd, and this should not be interfered with. The applicant is advised to liaise with the Public Rights of Way Section of the Council (Tel No. 01978 729761) if any future alterations are proposed within this area. ______________________________________________________________


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APPLICATION NO: P/2014 /0920 COMMUNITY: Bronington WARD: Bronington

LOCATION: KILN GREEN BARNS KILN LANE ISCOYD WREXHAM SY13 3AU DESCRIPTION: ERECTION OF STABLE BUILDING (3 STABLES, FEED STORE AND FEED / TACK ROOM) AND CONSTRUCTION OF MANEGE (40X X 20M) ADJACENT TO UNIT 5 APPLICANT(S) NAME: CAS ESTATES LTD

DATE RECEIVED: 11/12/2014 CASE OFFICER: JS AGENT NAME: CHARTLAND DEVELOPMENTS LLP MR ANDREW JONES

______________________________________________________________ THE SITE The site is located on the south side of lane linking between Higher Wych Road and Foxholes Farm, and it is adjacent to the western edge of a recent barn conversion scheme (see history below). The site comprises part of an agricultural field

New Store Building

Barn Conversion scheme under construction

New Manege and Stable


2 March 2015

PROPOSAL As above. The building is a timber clad L-shaped building with sheeting material for its roof. The application documents also confirm that the use of the facility will be for private use only, to be used by the occupants of unit 5. The development will involve a change of use of the land as the proposed use will not be for agricultural purposes. HISTORY P/2008/0265 Conversion of barn to 5 residential units, alterations to

vehicular access and associated works. Granted 9.12.2010.

P/2014/0414 Revision to previous planning permission, to change one dwelling unit into three dwellings. Committee resolution to support (1.12.14), but awaiting S106 legal agreement regarding educational facilities.

P/2014/0919 Erection of hay and straw store building – see previous agenda item.

DEVELOPMENT PLAN Outside any settlement area and within a Special Landscape Area. Policies PS1, PS2, GDP1, EC5 and T8 of Wrexham UDP are relevant. CONSULTATIONS Community Council: Objects – loss of green belt land, and poor

highway access to the site. Local Member(s): Notified 16.12.15 Natural Resources Wales: Standard advice applies Highways: The development is located on Kiln Green Lane

which is an unclassified, narrow, rural road subject to a 60mph speed limit. Vehicle speeds are about 25mph. The access leading to the development from Kiln Green Lane is narrow in nature and it’s width is between 3 to 3.5m. There are no formal passing places, and it is bounded by tall hedgerows, with no footway or street lighting. The access is in a poor condition and generally unsuitable to serve as an access to any development that is likely to generate any significant increase in traffic. Forward visibility is poor for vehicles approaching from the east. The access requires visibility splays of 2.4m x 33m in both directions to the centre line of the road, and the width of the access should be 5m wide and it


2 March 2015

should be gated 10m behind the highway. Further plans are required to demonstrate this. Any car/trailer entering the site will need to have adequate space to turn, and this should also be demonstrated. Providing these design matters can be included – no objections are raised.

Site Notice: Expired 12.1.15 Other Representations: 1 neighbour notified, and 2 responses received,

raising the following concerns: • The proposal is not associated with agriculture,

and the building will be located on prime agricultural land and the landscape is an exceptional rural landscape. The tenant farmer has been obliged to relinquish and give up land to domestic/recreational development.

• The land is outside the curtilage of the approved development for the barns (P/2008/0265)

• The use will substantially change the character of the rural landscape.

• The use will set a precedent for further applications for stabling and facilities for further purchasers of the barns, and other agricultural land locations.

• Foxholes Farm is located along the same lane and this is a very active agricultural business, and this is not a single dwelling. Kiln Green lane is busy with heavy traffic including milk collection, and regular delivery of animal feed. It is also used by additional tractors and farm machinery all year round to another farm. Horses will be at risk from this traffic if they use the lane. The hay store should be located in same area as the stables, and not on the other side of the road.

• If the buildings become redundant, the land should be reverted back to agriculture.

• The full extent of land to be changed from agricultural land to pony paddock has not been shown, and the use should not allow the loss of good agricultural land.

SPECIAL CONSIDERATIONS Policy: Providing the proposed stables and manege area are used solely for person(s) connected with the adjacent residential property as described within the application documentation, the principle of the development for private equine related purpose(s) in close proximity to that use is not objected to.


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However the visual impact of the permanent elements needs to be suitable for the character of the area. The ancillary nature to that adjacent residential property can be controlled by planning condition, and if that use is no longer required, further planning permission would be required. Otherwise it would be acceptable for the area to revert to agricultural purposes. The visual impact to the character of the countryside is important as a result of the Special Landscape area designation, and this will be examined below under a separate heading. Likewise any impact of the use in relation to other adjacent residential property and the highway, are also assessed separately. Although noted by the community council that the site is within a green belt, it must be observed that the site is not within a green belt, or a green barrier. Visual impact/character of landscape: The stable building as proposed is designed as a typical stable building, and it would allow up to 3 horses to occupy. The building is relatively small scale in context with the adjacent residential barn conversion scheme, and it is well related to that development. The roofing colour of the sheeted material is not specified but a dark grey colour would allow it to generally match the colour of natural slate – as found on the adjacent barn buildings. The proposed manege will be located immediately alongside the stable building, and this area is relatively level so the area will not require substantial re-grading work, and it will not have a significant impact upon the landscape providing the area is not floodlit and the new fencing surrounding the area is controlled. It is likely that unpainted timber fencing would be acceptable and consistent with the rural character of the area. There can be concerns that this use will encourage adjacent fields to become subdivided into smaller pony paddocks, which could alter the general appearance of the area. To this regard, it has been confirmed by the applicant that two fields will be subdivided and both will be leased to Unit 5, and those areas have been identified on a separate plan. Despite this subdivision it is not within our scope to control those areas but it will be useful to remind the applicant and the user, that those paddock areas can only be used for agricultural purposes. Whilst this can include the grazing of horses if no significant amount of feed is imported to support the agricultural use, it does not include other horse or equine uses – such as horse jump area(s), etc. Highways: On the basis of the site history for the adjacent barns, a total of 6 residential units will be formed as part of that development. There is also a dwelling and a farm along this lane. Since the use of this development will be linked to one of the new dwellings for private use, I believe that any traffic increase of the road will be insignificant. It is important to ensure that no


2 March 2015

obstruction is caused to the roadway, and amended plans have been requested to allow some alterations to the proposed access, etc. to reflect some of the points raised by Highways. However the use of the development does not warrant all the alterations as raised by them. The road is a cul-de-sac road, and beyond the entrance to the site, there is one farm and some field access points. As a consequence it seems more important to ensure that the layout easily provides enough room for a car with trailer to turn into the site without gated obstruction. Impact upon adjacent residential units: The rear garden areas of the adjacent units within the barn conversion scheme are 20m long, and therefore the development is unlikely to have any significant impact on those properties, and some landscaping is possible along the boundary if required. CONCLUSION The proposal is relatively small scale and it will not be harmful to the visual amenities of the area providing the ancillary use is adequately controlled.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The stables and manege area hereby approved as part of this permission shall only be used for equine purposes only, and this use shall only be ancillary in connection with the use of Unit 5 as shown on the approved plan which is subject of planning permission P/2008/0265. In the event that the equine use is no longer required, the use of the land shall revert to agricultural purposes only. 3. The stables and manege area shall not be constructed until Unit 5 of planning permission P/2008/0265 has been first occupied. 4. Notwithstanding the approved drawing 'Site Plan as Proposed', a further layout plan for the site shall be submitted to and approved to demonstrate the following access details: a) No access gates within 10m of the highway edge of the site b) The position of visibility splays measuring 2.4m x 33m as measured to the centre line of the road in either direction of the access. The details as subsequently approved in connection with part a) of this condition shall be fully implemented as part of the development and thereafter retained in accordance with the approved details, and within the splays to be formed in connection with part b) of this condition, there shall no obstruction in excess of 1metre in height above the level of the nearside edge of the adjoining carriageway, and this shall be permanently retained clear of any obstruction. 5. The stables and manege hereby approved shall not be used for any business or commercial purposes. 6. The post and rail fencing to be erected around the site shall be maintained with a non-painted and natural timber finish.


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7. Details of the proposed surface treatment of manege area shall be submitted to and approved in writing before this part of the development is first implemented, and the area shall be fully implemented/maintained in accordance with the specification as approved. 8. No external lighting shall be installed within the site. 9. The roofing material of the stable building shall be finished with a dark grey colour. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development is justified in connection with an adjacent use, and to ensure that the use of the land reverts to an agricultural use if and when the ancillary purpose is no longer required. 3. To ensure that the development is required for an ancillary purpose in connection with an adjacent residential property. 4. In the interests of highway safety. 5. In the interests of the amenities of adjacent residential property, and to limit the additional use of the adjacent highway. 6. In the interests of the visual amenities of the area. and hedge should be established along the road boundary - behind visibility splays. 7. In the interests of the visual amenities of the area. 8. To control the visual impact and use of the development within this rural location. 9. In the interests of the visual amenities of the area. NOTE(S) TO APPLICANT Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. You are advised that this permission does not authorise the use of adjacent fields (to the south and north of the site) for any purpose which is not agriculture. "Agriculture" is defined in the Town and Country Planning Act 1990 as being "


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horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes" Therefore if it is intended to utilise any of the adjacent fields by the horses, the land should only be used for grazing purposes only. This permission does not authorise any non-agricultural uses of the land. This permission does not authorise external lighting within the area of the site. ______________________________________________________________


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APPLICATION NO: P/2014 /0923 COMMUNITY: Minera WARD: Minera

LOCATION: PEN Y PALMANT FARM OLD ROAD MINERA WREXHAM LL11 3YR DESCRIPTION: REPLACEMENT OF EXISTING TIMBER FRAMED AGRICULTURAL BUILDING WITH STEEL FRAMED BUILDING FOR AGRICULTURE (PARTLY IN RETROSPECT) APPLICANT(S) NAME: P N & J A TOMLINSON

DATE RECEIVED: 09/12/2014 CASE OFFICER: SEH AGENT NAME: HASTON REYNOLDS LTD MR IAN REYNOLDS

______________________________________________________________ THE SITE

PROPOSAL As above. RELEVANT HISTORY None relevant to this application.

Junction of Pen Y Palamant Road and Old Road

Replacement Building


2 March 2015

DEVELOPMENT PLAN Outside of a defined settlement limit. Policies PS2, GDP1 and EC3 apply. CONSULTATIONS Community Council: Object on the following grounds:

• The application has been made in retrospect; • Due to the replacement building being closer to the

highway than the original building, visibility is affected at the junction of Pen y Palmant Road with Old Road in a southerly direction;

• The condition of Pen Y Palmant Road should be improved to cater for the traffic associated with this development.

Local Member: Notified 17.12.14 Public Protection: Recommend conditions and notes requiring

measures to limit the impact of construction works. Highways: Given that the proposal is a replacement building

on a similar footprint to the previous structure, there are no recommendations in this instance.

Wales & West Utilities: No objections raised. National Grid: Consulted 17.12.14 Site Notice: Expired 20.01.14 Neighbours: Notified 29.12.14

SPECIAL CONSIDERATIONS Design and Amenity: The farm consists of predominantly modern steel framed buildings used to house livestock with some general storage areas. The portion of the buildings to the north of the farmstead, now to be replaced, were damaged by snow fall in 2013. These buildings were single storey in height and were of timber construction and used for cow kennels. The replacement timber framed agricultural building is acceptable in terms of scale and design. The height of the building is in excess of the previous building, being almost 6 metres, and the roof is now double pitched as opposed to the previous mono pitch. The building is an improvement upon the older more dilapidated structures and although adjacent to the highway, it is considered to be an enhancement to the visual amenities of the area. Highway Safety: Given that the application is for a replacement building on the same footprint of the structure to which it replaces, there are no recommendations in terms of access, on-site parking or traffic generation which is not expected to increase as a result of this development. The building does not significantly impact upon visibility for vehicles emerging from


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Pen Y Palmant Road onto Old Road, and there are no highway safety implications to the detriment of highway users. Other matters: The fact that this application has been made in retrospect has no bearing upon the consideration of the merits of the scheme. CONCLUSION The development accords with the relevant UDP policies and I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the premises shall be used except for the precise purposes described in the application plans and documents. REASON(S) 1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. To ensure that the development fully complies with the appropriate policies and standards. NOTE(S) TO APPLICANT All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. ______________________________________________________________


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APPLICATION NO: P/2014 /0935 COMMUNITY: Chirk WARD: Chirk South

LOCATION: 2 STATION AVENUE CHIRK WREXHAM LL14 5LU DESCRIPTION: CONSTRUCTION OF VEHICULAR ACCESS (PARTLY IN RETROSPECT) APPLICANT(S) NAME: MS DAWN WILLIAMS

DATE RECEIVED: 15/12/2014 CASE OFFICER: PF AGENT NAME: MS DAWN WILLIAMS

______________________________________________________________ THE SITE

PROPOSAL As above. HISTORY None relevant.

Site and position of access


2 March 2015

DEVELOPMENT PLAN The site is inside settlement and within the Chirk Conservation Area. Policies PS2, GDP1, EC7 and T8 are relevant. Guidance is also contained in Local Planning Guidance Note 16 and the Chirk Conservation Area Assessment and Management Plan. CONSULTATIONS Community Council: The Council has no objection to the

proposal provided the development complies with Chirk Conservation Area requirements.

Local Member: Request that the application be reported to Planning Committee.

Site Notice: Expired 20.01.2015 Press Notice: Expired 27.02.2015 Highways: No objections. Neighbouring Occupiers: 2 neighbouring occupiers notified. No

representations received. SPECIAL CONSIDERATIONS Background and policy: The property is included within the recently extended Chirk Conservation Area and is specifically identified as being of visual/historic interest within the adopted character assessment and management plan. The application documentation indicates that as part of the proposal, gates would be erected at the point of access. At the time of my site visit it was noted that gates had been erected at the point of the proposed access. The application is now being considered partly in retrospect. The Council is required to ensure that development proposals that fall within a conservation area either seek to preserve or enhance the character of the conservation area. Special consideration must be given to the nature of the development and whether its design compliments the architecture of the building and the general rural character of this part of the village and the conservation area.


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Design: A photograph of the gates as erected is shown below.

Photograph of gates in situ

No. 2 Station Avenue is specifically mentioned in the Assessment and it is noted that the row of properties in which it is a part sit behind low timber fencing. The simple painted picket style fence to No. 1 Station Avenue is particularly noted as enhancing the character of the property. Other boundary treatments in the immediate streetscene consist of typical low concrete post and close boarded fencing. Whilst this is a relatively modern boundary type, it is considered that it retains a low level simplicity. Numbers 1, 2 and 3 Station Avenue form part of the early 20th Century expansion of the village along Station Avenue and Castle Road where many of the buildings display the distinctive black and white mock timber framing to the upper storeys, popular in Edwardian and revival style architecture of this time. The simple restrained architectural detailing is now characteristic of this part of the Conservation Area and as the adopted assessment states, number 1, 2 and 3 Station Avenue are particularly important examples where their more elaborate application of the characteristic detailing strengthens the visual cohesion of the area. The Management Plan, which was recently adopted by Members, identifies that boundaries within the conservation area have suffered mainly due to the desire to create hard standings and vehicular accesses. This is a negative feature which requires positive management. Whilst there are no objections to

Existing boundary treatments

Gates referred to at position of proposed access


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the principle of the erection of gates at the application property, the gates currently in place are not considered to either preserve or enhance the character of appearance of the area through the ornate design and embellishment. Discussions have been held with the applicant with a view to negotiate a suitable amendment to the scheme which would include the removal of the top layer of finials/spearheads and the painting of all other features of the gates in black. The removal of this detail would result in the height of the gates appearing lower, in keeping with the existing boundary treatments, as well as resulting in a simplified appearance, more in keeping the architectural design of the terrace. However, the applicant does not wish to make these alterations and has requested that the application be determined in accordance with the detail presented. Highways: Highways have considered the creation of the access in conjunction with the erection of the gates. It is considered that sufficient visibility can be achieved from the site with the existing boundary treatments in place and although the gates taper higher than 1 metre, due to their see through nature they are not considered to hinder the visibility splay. There are no objections to the development on highway grounds. CONCLUSION The gates are considered to be overly ornate and feature embellishments that do not respect the character of the building to which they are associated with or that of the wider street scene. The proposals do not preserve or enhance the character of the conservation area and are contrary to policy GDP1 and EC7 of the UDP. I recommend accordingly.

RECOMMENDATION: That permission be REFUSED REASON(S) 1. By reason of the design of the gates which have been erected in association with the proposed access the development is considered unacceptable. The gates are located in a prominent position within the Chirk Conservation Area and include features in their design which are considered to be overly ornate and do not respect the character of the existing dwelling to which they relate or the wider street scene. As such it is considered that the development would neither seek to preserve or enhance the character of the Chirk Conservation Area and would be contrary to policies GDP1 and EC7 of the Wrexham Unitary Development Plan. ______________________________________________________________


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APPLICATION NO: P/2014 /0946 COMMUNITY: Maelor South WARD: Overton

LOCATION: 5 HILL CREST PENLEY WREXHAM LL13 0NL DESCRIPTION: TWO-STOREY REAR EXTENSION APPLICANT(S) NAME: MR GEORGE MELLITZER

DATE RECEIVED: 19/12/2014 CASE OFFICER: PF AGENT NAME: MR BARRY SMITH

______________________________________________________________ THE SITE

PROPOSAL As above. HISTORY None.

Site

Footprint of proposed extension


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DEVELOPMENT PLAN The site is inside settlement. Polices PS2, GDP1 and T8 are relevant. Guidance is contained in Local Planning Guidance Notes 16 - Parking standards and 20 – House Extensions. CONSULTATIONS A period of reconsultation was carried out on 21.01.2015 following receipt of amended plans. This is reflected in the dates shown below. Community Council: Consulted 21.01.2015 Local Member: Notified 21.01.2015 Site Notice: Expired 27.01.2015 Neighbouring Occupiers: 2 neighbouring occupiers notified

21.01.2015. 2 representations received raising the following points: • Concerns about the loss of daylight

especially as the sun rises from the direction of the site in the morning which could limit light into the kitchen and side facing window of the neighbouring dwelling to the east;

• This is a sizeable development which has undergone much development in recent months. Is there a reasonable need to add so much living space for 2 adults and 1 child?;

• The proposed extension would be in direct contravention of LPG20 as the proposal would reduce sunlight to the garden areas of neighbouring dwellings by reason of its scale;

• The ground will not be able to cope with the soakaways required to deal with roof water. Currently the gardens are very boggy and the wet conditions will spread to the neighbouring gardens rendering them useless;

• The proposal is in direct contravention of the LPG20 adopted BRE daylight test as it would block out light to the side facing kitchen window. The scale of the kitchen at the neighbouring property to the east is such that it requires a greater degree of natural daylight. It is not acceptable that the side facing window will be in shadow 100% of the time;


2 March 2015

• The 25 degree BRE test should also be considered;

• The extension will be out of keeping with the settlement pattern when compared with nos. 3 and 7 Hill Crest and the extension is an increase of 50% which is excessive and out of scale;

• The inclusion of a side facing window overlooking the neighbouring house and garden does not accord with the separation standard in LPG20. Whilst the window is fixed shut and obscurely glazed it would still lead to a loss of privacy;

• The application does not accord with LPG20 guidelines which require extensions to be limited in length in close proximity to the boundary;

• Consider the responsibilities of Wrexham County Borough Council under the Human Rights Act in particular Protocol 1, Article 1 which states that a person has the right to peaceful enjoyment of all their possessions which includes the home and other land. I believe that the proposed extension would have a dominating impact on us and our right to the quiet enjoyment of our property.

SPECIAL CONSIDERATIONS Design: The proposal would result in a two storey rear extension across the entire width of the two storey element of the existing dwelling and will provide for an enlarged living area at ground floor and an additional bedroom with associated WCs and dressing areas at first floor. The existing dwelling is of a typical appearance with gables facing east and west. The prosed extension would project 4.5 metres from the existing rear elevation and feature a gable facing south tying into the existing roof accordingly. It is acknowledged that the scale of the extension is larger than normally considered. However, attention has been given to the pattern of the layout of this and the neighbouring dwellings. There are reasonable distances between the proposed extension and the property boundaries (3 metres to the east and 1.4 to the west) and even greater distance between the footprints of the neighbouring dwellings and the proposed extension (4 metres to the east and 7.1 metres to the west). As such I do not consider that the scale of the extension will necessarily appear oppressive given the element of separation between the neighbouring properties.


2 March 2015

The design of the extension is sympathetic to the character of the existing property. It is to the rear of the dwelling and not widely visible from public view. Window positions are logical apart from one side facing window which is discussed later in the report. The applicant has indicated the use of solar photovoltaic panels on its roof which accords with the appearance of the dwelling. Amenity: The adopted BRE daylight test in LPG20 has been applied to the proposal and I am satisfied that it passes. There are side facing ground floor windows in both neighbouring dwellings. These are secondary windows which serve kitchens. Whilst the extension will be visible from these windows, by reason of their orientation a right to a particular view over a neighbouring property cannot be assumed. In addition, whilst daylight may be reduced to these windows I am satisfied that there are primary windows to these rooms which will provide sufficient daylight. Concerns have also arisen that the scale of the extension will reduce natural daylight to the garden area of no. 3 Hill Crest. Again, given the nature of the pattern of the layout of the dwellings I do not consider that the extension will result in a mass that would be overly oppressive by way of loss of daylight or visual presence. The proposal features the installation of a bedroom window in the side elevation facing No. 3. This is required as the extension would cross the existing bedroom window on the rear elevation. The applicant has amended the plans to show the window fixed shut and obscurely glazed with a skylight window serving that room. Subject to conditions to strictly control the detail of the new window I consider that this is acceptable and will not result in a loss of privacy to the neighbouring occupiers. Other matters: The proposed extension will be required to discharge surface water in accordance with the Building Regulations. I have no specific evidence to suggest that surface water disposal by soakaways will necessarily result in harm to the surrounding land to a point where this could justify a reason for refusal in this instance. Those concerns raised regarding the need for the development in comparison with the number of occupants are not material planning considerations. The site is located in settlement where there is no upper limit upon the scale of extensions provided that the scheme accords with the Council’s general development principles (GDP1). An objector has made reference to the Human Rights Act 1998. As discussed above the development accords with adopted planning policies and relevant local planning guidance notes. I am satisfied that the development will not: i) Deprive nearby occupiers of their entitlement to the peaceful enjoyment of their possessions (Protocol 1, Article 1); or


2 March 2015

ii) Deprive nearby occupiers of the right for respect of their private and family life (Article 8). CONCLUSION I am satisfied that the proposal as presented will not represent a detrimental impact upon the character of the dwelling or the wider landscape and will not impact upon the living standards of the neighbouring dwellings. As such I recommend that planning permission is granted.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 5A, 6A/1, 7A/1, 8A/1, 9A and 12A and contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the building facing Nos 3 and 7 Hill Crest. 5. The window highlighted in red on the approved plan numbered 7A/1 shall be glazed only using obscure glass which has first been approved, in writing, by the Local Planning Authority. The glass shall be installed strictly in accordance with the details as may be approved and retained in this condition thereafter. Any subsequent reglazing shall be carried out using the same style/pattern of obscure glazing as may be approved by this condition. 6. The window highlighted in red on the approved plan numbered 7A/1 shall be permanently fixed shut and shall be constructed and installed with no opening casement. 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 nearby properties. 5. To protect the amenities of the occupiers of nearby properties. 6. To protect the amenities of the occupiers of nearby properties.


2 March 2015

NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. All soffits shall be removed by hand. If bats or evidence of bats is found the applicant should contact Natural Resources Wales for further advice. ______________________________________________________________


2 March 2015

APPLICATION NO: P/2014 /0948 COMMUNITY: Offa WARD: Offa

LOCATION: NAGS HEAD INN MOUNT STREET WREXHAM LL13 8DW DESCRIPTION: NEW RAILINGS TO BOUNDARY WALL AND REMOVAL OF TWO TREES AND EXTERNAL ALTERATIONS TO CREATE AN EXTERNAL SEATING AREA AND GARDEN AREA APPLICANT(S) NAME: MARSTONS PLS

DATE RECEIVED: 22/12/2014 CASE OFFICER: SEH AGENT NAME: MR GARY BENTLEY

______________________________________________________________ THE SITE

PROPOSAL As above.

Existing External Seating Area

Proposed Seating Area Extension


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RELEVANT HISTORY P/2014/0655 Display of advertisements

- various signage on building (9 in total) and some to be illuminated

GRANTED 23.10.2014

P/2014/0656 Listed building consent for new signage and lights and re-painting of external render

GRANTED 11.11.2014

P/2014/0688 Alterations to existing rear patio area and car park

GRANTED 11.11.2014

DEVELOPMENT PLAN Within the setting of a listed building, defined settlement limit and conservation area. UDP Policies PS2, GDP1, EC4, EC6 and EC7 apply. CONSULTATIONS Community Council: Objections were made to the previous application

for the development of this area and those objections still remain. This area should be restored to a garden area with shrubs and a proper grassed area not artificial grass.

Local Member: Objects to the proposal because the land is an important environmental space of high amenity value, adjacent to a listed building and within the conservation area, and close to the Parish Church. Some trees have already been removed from the site last year which were healthy. To use this conspicuous and elevated area as an external eating area with the few remaining trees and artificial grass would spoil the visual amenity of the area, and cause a noise nuisance to nearby residential properties. These natural green spaces are important within the town centre.

Public Protection: No objection. The Applicant should be advised of the need to contact Licensing to arrange the necessary Premises Licence Variation.

WACS: Consulted 23.12.14 Site Notice: Expired 19.01.15 Neighbours: Notified 29.12.14


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SPECIAL CONSIDERATIONS Built Conservation: The erection of the railings and the use of this section of the outside space (which fronts the highway) as a beer garden forms part of a larger scheme of refurbishment and re-branding which has already taken place at the building, a grade II listed building sited prominently within Wrexham Town Centre Conservation Area.

The works in general are considered to offer an enhancement to the setting of the listed building by creating a more attractive, inviting and useable space for visitors to the pub. The outdoor area follows a rustic design and the materials finishes are considered appropriate. The railings to the raised seating area adjacent to Mount Street are an appropriate treatment to this elevation and accord with the general character of the Conservation Area. Residential Amenity: There is already an external seating area to the side of the public house. This application would see the seating area extended forward level with the front elevation of the building. Although the area is raised, it brings the external seating area just 5 metres further forward, and I do not consider that the minor extension to the useable outdoor space would have a significant detrimental impact upon the amenities of the occupiers of the flat above the business on the opposite side of the road. Trees: There are currently 8 trees on the application site, 6 of which are to be retained. The retained trees include 3 Silver Birch which provide a good amenity to the street scene and conservation A=area. The other 3 trees consist of 2 Mountain Ash and a Cherry tree which, though not as significant, do enhance the visual amenities of the area. It is proposed to use a three dimensional geogrid over the root protection areas, with porous wearing course, which will enable the area to be used by pedestrians without causing harm to the these trees. There are no concerns in relation to the impact of the development upon the heath and stability of the trees to be retained. It is proposed to remove 2 Cherry trees which are confirmed within the Arboricultural Impact Assessment as being in only ‘fair’ condition. As such there is no objection to their removal. The Applicant proposes to compensate for the tree removal with a replanting scheme which will, together with the 6 trees to be retained, preserve the character and appearance of the locality. The planting scheme will be secured by way of planning condition. Other Matters: Concern has been raised that some trees have already been removed from the application site. Upon investigation it was found that these trees were not removed by the owner, but by this Council without the owner’s consent. As part of this scheme, there are proposals for the remaining stumps of these trees to be properly grounded out and completely removed from site.


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CONCLUSION The development accords with the relevant UDP policies and I recommend accordingly. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Within one month of installation on site, the railings hereby approved shall receive a black coloured painted finish. The railings shall thereafter only be coloured and re-coloured black. 3. 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 in writing by the Local Planning Authority. 4. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 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.


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4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). NOTE(S) TO APPLICANT The applicant should be advised to contact the Licensing Section regarding the required Premises Licence Variation. The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. ______________________________________________________________


2 March 2015

APPLICATION NO: P/2014 /0956 COMMUNITY: Coedpoeth WARD: Coedpoeth

LOCATION: 13 HIGH STREET COEDPOETH WREXHAM LL11 3RY DESCRIPTION: ERECTION OF EXTERNAL STAIRCASE TO REAR OF BUILDING APPLICANT(S) NAME: MR WILLIAM PEARSON

DATE RECEIVED: 23/12/2014 CASE OFFICER: MP AGENT NAME: BLUEPRINT ARCHITECTURAL SERVICES LTD

______________________________________________________________ THE SITE

PROPOSAL As above. The proposed staircase is intended to provide independent access to the upper floor of the building to enable it to be used as a one bedroom flat.

Approximate position of proposed staircase


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HISTORY No recent history. DEVELOPMENT PLAN Within settlement and within Coedpoeth district shopping centre. Policies GDP1 and S5. CONSULTATIONS Community Council: Have made the following comments:

- Declare an interest because the building is leased by the wife of the Community Council’s caretaker and the manager of the Parish Hall and Old Carnegie Library;

- We welcome this improvement to the housing stock in the village;

- Whist part of the building is now used to provide the services of an optician we value the continued improvement to the building and to the residential accommodation;

- As a village with over forty street-fronting businesses, we welcome such improvements which help to support the retail and other services in the area;

- The plan appears to enhance the building and we note the high standard of the finished proposed for the works;

- We support and welcome the application. Local Members: Notified 31.12.14 Public Protection: No comments. Site Notice: Expired 28.1.15 Neighbours: The owners/occupiers of 6 nearby properties

notified 7.1.15. The owners/occupiers of the 2 adjoining properties notified regarding the amended plans 12.2.15.1 objection received to the original plans expressing the following concerns; - Bought adjoining property on the understanding

that no.13 is a business premises and not residential;

- There is not access at the back to the flat. The building of a staircase suggests the access would be at the back;

- There is no vehicular or pedestrian access over my land;


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- There is only a right of way for cleaning and repairs and a long standing situation of taking bins out;

- Overlooking of my garden where my children would be playing;

- Noise and security. SPECIAL CONSIDERATIONS Use of the building: The permitted use of no.13 is as a retail premises (Class A1 use) and the ground floor is currently occupied by an opticians. The conversion of the first floor to a flat is permitted development under Part 3, Class F of the Town and Country Planning (General Permitted Development) Order 1995 and therefore does not require planning permission. It is only the erection of the external staircase that requires planning permission. Amenity: The property subject to the application adjoins two dwellings, no.11 to the southeast and no.15 to the northwest. The position of the staircase means its use will not adversely impact upon the standard of amenity afforded to occupiers of the former. The plans initially submitted would have resulted in significant overlooking of the garden and a first floor bedroom window of the latter. The staircase has been amended by shortening the landing at the top of it thus significantly reducing the extent to which those using it can overlook the garden of no.15. Whilst it will still be possible to view the garden of no.15 when walking up/down the staircase, the amendment ensures that the staircase is only likely to serve as a means of access to the first floor flat rather than also being used as a balcony/amenity area. Those needing access to the first floor flat will only be afforded very brief views of the garden of no.15. This will not result in the garden being overlooked to a significantly greater extent that it is already from the first floor window of the application site. The amended plans propose the provision of 1.8m high glazed screen at the top of the landing. This will prevent views into the first floor bedroom window of no.15 by someone standing on the landing. This addition will not harm the standard of amenity afforded to the occupiers of no.15 by way of loss of light or by being visually overbearing. The use of the staircase is unlikely to give rise to significant levels of noise. Appearance: The staircase will be located to the rear of the building so will not impact upon the wider street scene. Other Matters: I am only able to consider the merits of the proposed staircase in terms of its impact upon neighbouring properties and its appearance. Whether the applicant has a right of access to the rear of the


2 March 2015

site via neighbouring curtilages is a private matter and outside of the scope of planning control. CONCLUSION The development will not harm the amenity afforded to occupiers of neighbouring properties or the appearance of the area. As such it accords with policy GDP1. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) P080/003 Revision B and as contained within the application documentation. 3. The 1800mm high obscured glazed screen shown on approved drawing no.P080/003 Revision B shall be provided prior to the first use of the staircase hereby granted permission. Thereafter a 1800mm high obscured glazed screen shall be permanently retained in that position. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the amenities of the occupiers of nearby properties. 3. To protect the amenities of the occupiers of nearby properties. NOTE(S) TO APPLICANT You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building


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Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority. ______________________________________________________________


2 March 2015

APPLICATION NO: P/2015 /0010 COMMUNITY: Overton WARD: Overton

LOCATION: 5 THE MILL STATION ROAD OVERTON WREXHAM LL13 0EF DESCRIPTION: NEW PITCHED ROOF TO EXISTING DORMER ON FRONT ELEVATION AND REAR SINGLE STOREY LEAN-TO EXTENSION APPLICANT(S) NAME: MS BELLA RICHFIELD

DATE RECEIVED: 09/01/2015 CASE OFFICER: PF AGENT NAME: KE-DESIGN MR CRAIG MARSTON

______________________________________________________________ THE SITE

PROPOSAL As above. Members should note that the rear extension element which is identified within the plans and as part of the proposal is considered permitted development and therefore is already granted planning permission under the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended).

Position of dormer alteration


2 March 2015

HISTORY None. DEVELOPMENT PLAN The site is within settlement. Polices PS2, GDP1 and T8 are relevant. Guidance is contained in Local Planning Guidance Notes 16 – Parking Standards and 20 – House Extensions. CONSULTATIONS Community Council: Objects. The property stands in a

conspicuous position and is part of a development of identically designed properties. The proposed application to alter the dormer window would impact greatly on the symmetry of the development. We therefore object to this section of the application. We do not object to the proposed single storey extension to the rear of the property.

Local Member: Notified 09.01.2015 Site Notice: Expired 05.02.2015 Neighbouring Occupiers: 6 neighbouring occupiers notified. 1

representation received stating that there appears to be no reason why the application should not go ahead.

SPECIAL CONSIDERATIONS Design: The proposal seeks to make an alteration to the existing flat roof dormer to the front elevation of the dwelling. It is proposed to add a shallow gable utilising matching roofing materials to that of the existing dwelling. For the benefit of members I have attached images below showing the proposed and existing front elevation of the dwelling as well as an image of the street scene.

Existing elevation (left) and proposed (right)


2 March 2015

Existing street scene

I acknowledge the points made by the Community Council regarding the symmetry of the application property in comparison neighbouring properties. However, I consider that this is a very minor change which is unlikely to represent an incongruous addition in the street scene. The massing of the property will effectively remain the same without an unbalancing effect occurring when viewed as a group. I am satisfied that the impact of the proposal will be acceptable. CONCLUSION I am satisfied that this proposal accords with planning policy and guidance and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 1423-MA(00)0003 and contained within the application documentation. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 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.

Application site


2 March 2015

NOTE(S) TO APPLICANT 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. 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. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. ______________________________________________________________


2 March 2015

APPLICATION NO: P/2015 /0062 COMMUNITY: Holt WARD: Holt

LOCATION: JCB TRANSMISSIONS ABENBURY WAY WREXHAM INDUSTRIAL ESTATE WREXHAM LL13 9UF DESCRIPTION: INSTALLATION OF 2 NO. ILLUMINATED ADVERTISEMENTS - COMPANY LOGO SIGNS TO FRONT AND SIDE ELEVATION APPLICANT(S) NAME: MR PETER DAVIES JC BAMFORD EXCAVATORS LTD

DATE RECEIVED: 29/01/2015 CASE OFFICER: MP AGENT NAME: BROWNHILL HAYWARD BROWN MR ADRIAN JORDAN

______________________________________________________________ THE SITE

Approximate position of proposed signs

Nearest dwelling


2 March 2015

PROPOSAL As above. The proposed signs are 12.4 metres wide and 4.8 metres high. They will replace two existing internally illuminated signs that are 5.2 metres wide and 4.8 metres high. HISTORY No recent history. DEVELOPMENT PLAN Within settlement limit. Policy PS2 applies. National planning guidance Technical Advice Note (TAN) 7: Outdoor Advertisement Control is also applicable. CONSULTATIONS Community Council: Consulted 3.2.15 Local Member: Notified 3.2.15 Highways: No objection subject to a condition preventing the

light source to the signs being directly visible to drivers using the adjacent highway.

Site Notice: Expired 27.2.15 Neighbours: The owners/occupiers of the 3 nearest residential

properties notified 2.2.15. 1 objection received expressing the following comments: - The building was previously protected by trees.

The majority of the trees were removed when the new road link was installed, increasing the view of JCB;

- The current sign is quite large and bright, if this is to increase in size it will create more light;

- The building was built in green metal to blend into the surroundings;

- A large illuminated light will stand out even more;

- Why does JCB need to have such a large sign that only I can view from my upper windows.

SPECIAL CONSIDERATIONS Extent of control: TAN7 advises that control of advertisements can only be exercised in:

a) the interests of amenity; b) the interests of public safety, for example the impact a sign will have

upon the safe operation of a mode of transport.


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TAN7 also advises that when considering applications for advertisement consent it is accepted that anyone proposing to display an advertisement needs to do so, whether for commercial or other reasons. The applicants therefore do not have to prove a need for the proposed signs. Amenity: The east facing sign will be 112 metres from the side boundary of the site and 190 metres from the nearest dwelling. The south-facing sign will be 100 from the boundary with Abenbury Way and will not be visible from the nearest dwelling. The proposals will not result in any additional signage being displayed. Despite being 2.5 times wider than the ones they replace, in the context of the existing appearance of the site and industrial character of its surroundings the size and position of the propose signs are acceptable and will not detract from the visual amenities of the area. The signs will be internally illuminated but the intensity of the illumination will be relatively low. Taking this, the fact that that the building is set back a considerable distance from the site boundaries and is in an area already illuminated at night by street lights, the signs will not be intrusive at night. The east facing sign is far enough away that it will not result in the nearest dwelling or any other dwelling being illuminated and therefore it will not adversely impact upon residential amenity. Safety: The signs will not impede the safe passage of vehicles along the highways bounding the site. The means of illumination will also be enclosed within the signs so will not prove distracting to passing motorists. As such I am satisfied they will not have a detrimental impact upon highway safety. Because the means of illumination will be enclosed I also do not consider the condition recommended by Highways to be unnecessary.

CONCLUSION The proposed signs will not have a detrimental impact in respect of amenity or public safety and are therefore acceptable.

RECOMMENDATION: That permission be GRANTED 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.


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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 such 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). 6. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 136 candelas/sq.m. 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. ______________________________________________________________


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LIST OF DELEGATED DECISIONS

BRN P/2014/0118

GRANTED

28/01/2015

LAND OFF, NEW HALL LANE, BRONINGTON, WREXHAM, SY13 3HE

ERECTION OF BUNGALOW

CHI P/2014/0228

GRANTED

28/01/2015

LAND TO THE EAST OF FORGE FARM, PONT Y BLEW, CHIRK, WREXHAM, LL14 5BH

SUBMISSION OF RESERVED MATTERS PURSUANT TO OUTLINE PLANNING PERMISSION P/2010/0694 (DESIGN, APPEARANCE, LANDSCAPING, ACCESS AND LAYOUT) ERECTION OF AGRICULTURAL WORKERS DWELLING. FORMATION OF VEHICUAR ACCESS AND INSTALLATION OF SEPTIC TANK.

WRR P/2014/0518

GRANTED

28/01/2015

5 KING STREET, WREXHAM, LL11 1HF

ALTERATIONS TO GROUND FLOOR AND CONVERSION OF FIRST AND SECOND FLOOR TO 2 NO. FLATS.

WRR P/2014/0519

GRANTED

5 KING STREET, WREXHAM, LL11 1HF

LISTED BUILDING CONSENT FOR EXTERNAL ALTERATIONS TO GROUND FLOOR AND CONVERSION OF FIRST AND SECOND FLOOR TO 2 NO. FLATS.

WRO P/2014/0544

GRANTED

10/02/2015

CATHEDRAL CLERGY HOUSE, 47 REGENT STREET, WREXHAM, LL11 1RB

CROWN RAISE BY 1M TO CLEAR BUILDING 2 HOLLIES (T1, T3), REMOVE CROSSING BRANCHES FROM 1 CHERRY (T2), CROWN RAISE BY 2M 2 MACROCARPA (T4, T5), CROWN RAISE 1 MACROCARPA (T6) BY 3M, FELL 1 SYCAMORE (T9), 1 APPLE (T10), 2 CONIFERS (T13, T21), 1 EUCALYPTUS (T14) AND REDUCE BACK BY 1-2 METRES LOWEST LATERAL BRANCH OVER HIGHWAY FROM 1 ASH (T11), CROWN RAISE TO CLEAR HIGHWAY BY 5M AND BY 2M INSIDE WALL 1 CHERRY (T16), 1 BEECH (T17) AND 1 MAPLE (T19), CROWN RAISE BY 5M OVER HIGHWAY AND PRUNE BACK BY 2-3 METRES FROM LIGHTS 1 BEECH (T20) AND CROWN RAISE TO CLEAR BUILDING BY 3-4 M 1 SYCAMORE (T22). TREES


2 March 2015

PROTECTED BY GROSVENOR ROAD CONSERVATIO AREA.

HOL P/2014/0650

REFUSED

28/01/2015

GREDINGTON ARMS, HOLT ROAD, LLANYPWLL, WREXHAM, LL13 9SD

OUTLINE APPLICATION FOR ERECTION OF 4 NO. DWELLINGS ON CAR PARK AREA OF GREDINGTON ARMS PUBLIC HOUSE (ACCESS NOT RESERVED)

ABE P/2014/0667

GRANTED

10/02/2015

LAND ADJACENT TO, REDWITHER INN, BRIDGE ROAD NORTH, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9PS

ERECTION OF LIGHT INDUSTRIAL UNIT

CHI P/2014/0689

GRANTED

28/01/2015

RECREATION GROUND, STATION AVENUE, CHIRK, WREXHAM, LL14 5LS

CROWN LIFT BY 2 METRES 34 TREES OF VARIOUS SPECIES FOR A PERIOD OF 5 YEARS (TREES PROTECTED BY CHIRK CONSERVATION AREA)

RUA P/2014/0769

GRANTED

27/01/2015

PLAYING FIELD ON LAND ADJOINING, YSGOL RHIWABON, PENYCAE ROAD, RUABON, WREXHAM, LL14 6BT

NEW (SYNTHETIC TURF) 3G FOOTBALL PITCH, NEW BOUNDARY FENCING (1.2M HIGH PITCHSIDE), SECURITY FENCING (4.5M HIGH) AND 6 FLOODLIGHTS (15M HIGH) TO REPLACE EXISTING FLOODLIGHTS.

ROS P/2014/0773

GRANTED

03/02/2015

STRATHALYN, LLAY ROAD, ROSSETT, WREXHAM, LL12 0HS

REMOVE EPICORMIC GROWTH ANNUALLY FOR A FIVE YEAR PERIOD TO A HEIGHT OF 2 METRES FROM 1 LIME (T18), CROWN RAISE 1 LIME (T21), LIME AND BEECH GROUP (G2) AND SILVER BIRCH GROUP (G3) TO ACHIEVE 5.5 METRE CLEARANCE OVER THE HIGHWAY AND REDUCE SOUTH SIDE OF CROWN FROM 1 HORSE CHESTNUT (T35) BY 2-3 METRES LATERAL LENGTH. (TREES PROTECTED BY TPO WCBC NO 97)

ROS P/2014/0778

GRANTED

03/02/2015

EATON VIEW, GOLLY, ROSSETT, WREXHAM, LL12 0AL

SINGLE STOREY EXTENSION TO SIDE AND REAR TOGETHER WITH INTERNAL ALTERATIONS


2 March 2015

LLR P/2014/0787

GRANTED

16/02/2015

DORVILLE, CANALSIDE, FRONCYSYLLTE, WREXHAM, LL20 7RB

SINGLE STOREY EXTENSION

ROS P/2014/0798

GRANTED

28/01/2015

11, ROSELANDS COURT, ROSSETT, WREXHAM, LL12 0DD

EXTENSION TO ENTRANCE HALL

WRO P/2014/0816

GRANTED

10/02/2015

LAND NORTH OF, 49 PENDINAS, WREXHAM, LL11 3BQ

CROWN RAISE ONE OAK TREE (T1) WHERE OVERHANGING REAR GARDEN OF 49 PENDINAS BY APPROXIMATELY 4 METRES (TREE PROTECTED BY TPO NO 43)

GRE P/2014/0831

GRANTED

03/02/2015

EDGE HILL, HOSELEY LANE, MARFORD, WREXHAM, LL12 8YE

ERECTION OF REPLACEMENT DWELLING AND EXTERNAL WORKS

CHI P/2014/0832

GRANTED

11/02/2015

5 CHIRK GREEN GARDENS, CHIRK, WREXHAM, LL14 5QB

SINGLE STOREY REAR EXTENSION

HOL P/2014/0837

REFUSE/GRANT

18/02/2015

BRIDGEWATER, CHURCH STREET, HOLT, WREXHAM, LL13 9JP

REMOVE ONE NORWAY MAPLE (T1) AND ONE LAWSON'S CYPRESS (T2) PROTECTED BY HOLT CONSERVATION AREA

WRO P/2014/0842

GRANTED

27/01/2015

GWERN ALYN RESIDENTIAL HOME, 48, PERCY ROAD, WREXHAM, LL13 7EF

CROWN RAISE BY 4.5 METRES 1 BEECH (T1), REDUCE HEIGHT OF 1 HOLLY (T2) BY 1 METRE AND REDUCE BACK TO INITIAL HEIGHT HEIGHT OF CROWN REDUCTION ANNUALLY FOR A FIVE YEAR PERIOD, CROWN REDUCE 1 HOLLY (T3) BY 3 METRES, CROWN REDUCE 1 PORTUGUESE LAUREL (T4) AND 1 HOLLY (T5) BY 2.5 METRES AND FELL 1 LEYLAND CYPRESS (T6). TREES PROTECTED BY THE FAIRY ROAD CONSERVATION AREA


2 March 2015

GRE P/2014/0859

GRANTED

22/01/2015

LONGMYND, 43 STANCLIFFE AVENUE, MARFORD, WREXHAM, LL12 8LP

PARTIAL DEMOLITION TO ALLOW REPLACEMENT PORCH AND NEW RAISED FOOR AREAS TO FORM FIRST FLOOR ACCOMMODATION

OVE P/2014/0864

GRANTED

11/02/2015

WHOOTERS LODGE, OSWESTRY ROAD, OVERTON, WREXHAM, LL13 0LG

ERECTION OF ANCILLARY ANNEXE BUILDING IN CONNECTION WITH EXISTING SWIMMING POOL

GWE P/2014/0873

GRANTED

27/01/2015

UNIT 8B PANDY BUSINESS PARK, PLAS ACTON ROAD, WREXHAM, LL11 2UA

CHANGE OF USE OF FIRST FLOOR FROM CLASS B1 TO CLASS A2 FOR USE AS AN EMPLOYMENT AGENCY COMPANY

WOR P/2014/0877

GRANTED

10/02/2015

THE WOODLANDS, WILLINGTON, MALPAS, WREXHAM, SY14 7ND

CHANGE OF USE OF AGRICULTURAL OUTBUILDINGS TO FORM BED AND BREAKFAST ACCOMMODATION

WRR P/2014/0887

GRANTED

30/01/2015

LAND TO THE REAR OF, 10 ACTON GATE, WREXHAM, LL11 2PN

REMOVAL OF CONDITIONS 10, 11 AND 12 OF PLANNING PERMISSION P/2010/0937 (SUBJECT OF APPEAL DECISION APP/H6955/A/11/2151149 DATED 20/10/2011)

ROS P/2014/0891

GRANTED

27/01/2015

RANALD HOUSE, STONELEIGH, LLAY ROAD, ROSSETT, WREXHAM, LL12 0HS

REDUCE HEIGHT OF TWO GROUPS OF LEYLANDII (G1 & G2) TO APPROXIMATELY 15-20 FEET IN HEIGHT WHEN MEASURED FROM GROUND LEVEL (TREES PROTECTED BY TPO WCBC NO 97)

WRO P/2014/0898

GRANTED

10/02/2015

5 BELMONT ROAD, WREXHAM, LL13 7PW

RE-POLLARD LIME TREE (T1) BACK TO APPROXIMATELY 1 FOOT ABOVE PREVIOUS POLLARD POINT (AS SHOWN ON SUBMITTED PHOTOGRAPH AS A RED LINE) (TREE PROTECTED BY FAIRY ROAD CONSERVATION AREA)

MAE P/2014/0899

GRANTED

22/01/2015

5 OAKWOOD PARK, PENLEY, WREXHAM, LL13 0NE

CONVERSION AND EXTENSION TO EXISTING GARAGE TO PROVIDE KITCHEN / UTILITY AND INTERNAL ALTERATIONS


2 March 2015

ESC P/2014/0902

GRANTED

30/01/2015

FFERM ODYN GALCH, FRONDEG, RHOSTYLLEN, WREXHAM, LL14 4ND

ERECTION OF AGRICULTURAL WORKERS DWELLING

WRR P/2014/0907

GRANTED

22/01/2015

ALDI FOODSTORE LTD, PLAS COCH RETAIL PARK, PLAS COCH, WREXHAM, LL11 2BA

EXTERNAL ALTERATIONS TO EXISTING RETAIL UNIT (NEW ROOF COVERING, FASCIA CLADDING, REMOVAL OF STALLRISERS TO ALLOW FULL HEIGHT GLAZING FOR WINDOWS) AND ERECTION OF CAR PARK LIGHTING

ISY P/2014/0912

GRANTED

27/01/2015

REDWITHER TOWER, ABBEY ROAD SOUTH, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9XT

INSTALLATION OF DIESEL POWERED GENERATOR AND FUEL TANK, TOGETHER WITH FENCING AND EXHAUST FLUE

WRA P/2014/0915

REFUSED

30/01/2015

3 CAMBERLEY DRIVE, WREXHAM, LL12 7LN

OUTLINE APPLICATION FOR THE ERECTION OF DETACHED DWELLING ON LAND ADJACENT TO 3 CAMBERLEY DRIVE - ALL DETAILED MATTERS RESERVED FOR FURTHER APPROVAL

BRN P/2014/0916

GRANTED

30/01/2015

COACH DEPOT, MILL LANE, LITTLE GREEN, BRONINGTON, WREXHAM, SY13 3HQ

ERECTION OF BUILDING FOR THE STORAGE OF COACHES

WRO P/2014/0921

GRANTED

28/01/2015

ST CHRISTOPHERS SPECIAL SCHOOL, BRYNYCABANAU ROAD, WREXHAM, LL13 7BW

ERECTION OF SINGLE STOREY EXTENSION TO FORM 2 NO. CLASSROOMS ANCILLARY OFFICE / RECEPTION AND FORMATION OF OUTDOOR TEACHING AREA AND OTHER EXTENRAL WORKS

ESC P/2014/0924

GRANTED

02/02/2015

14 PARKEND WALK, RHOSTYLLEN, WREXHAM, LL14 4EX

APPLICATION FOR LAWFUL USE / DEVELOPMENT CERTIFICATE TO CONFIRM THAT PROPOSED REAR EXTENSION TO DWELLING IS PERMITTED DEVELOPMENT

GRE P/2014/0926

GRANTED

04/02/2015

STRODE HOUSE, THE GREEN, GRESFORD, WREXHAM, LL12 8RG

LISTED BUILDING CONSENT FOR REAR PORCH


2 March 2015

HOL P/2014/0930

GRANTED

04/02/2015

LONG MEADOW, HUGMORE LANE, LLANYPWLL, WREXHAM, LL13 9YE

OUTLINE APPLICATION FOR THE ERECTION OF TWO DETACHED DWELLINGS WITH ALL DETAILED MATTERS EXCEPT ACCESS RESERVED FOR FURTHER APPROVAL

WOR P/2014/0936

GRANTED

30/01/2015

WILLOW LODGE, WALLINGTON LANE, WORTHENBURY, WREXHAM, LL13 0AN

SINGLE-STOREY BEDROOM AND BATHROOM EXTENSION AND ALTERATION TO FRONT INCLUDING PORCH

ESC P/2014/0938

GRANTED

06/02/2015

BRAMBLEY HOUSE, BERSHAM ROAD, BERSHAM, WREXHAM, LL14 4HH

CHANGE OF USE FROM CLASS C2 (RESIDENTIAL INSTITUTION) TO CLASS C3 (DWELLING HOUSE)

ROS P/2014/0939

GRANTED

04/02/2015

THE VILLAGE STORES AND KENMAR, CHESTER ROAD, ROSSETT, WREXHAM, LL12 0HW

CHANGE OF USE OF EXISTING GROUND FLOOR FLAT TO ALLOW CLASS A1 RETAIL USE AND EXTERNAL ALTERATIONS TO PROVIDE NEW ENTRANCE DOOR AND ALTERATIONS TO EXISTING SHOPFRONT

HOL P/2014/0940

GRANTED

04/02/2015

CLWYD HOUSE, BRYN ESTYN ROAD, WREXHAM, LL13 9TY

RENOVATION AND UPGRADING WORKS TO EXISTING ELEVATIONS

WRA P/2014/0942

GRANTED

16/02/2015

4 WARRENWOOD ROAD, WREXHAM, LL12 7RN

ALTERATIONS TO ROOF OF EXISTING COVERED LINK

GWE P/2014/0944

GRANTED

03/02/2015

8 MEADWAY CLOSE, GWERSYLLT, WREXHAM, LL11 4RX

TWO-STOREY SIDE EXTENSION

GRE P/2014/0947

GRANTED

04/02/2015

TIMBERSCOMBE, 58 WYNNSTAY LANE, MARFORD, WREXHAM, LL12 8LG

TWO-STOREY AND SINGLE-STOREY EXTENSIONS AND ALTERATIONS

BRY P/2014/0949

WITHDRAWN

03/02/2015

LAND AT JUNCTION OF, BRYN ROAD AND HARWD ROAD, BRYMBO, WREXHAM, LL11 5BW

ERECTION OF 4 NO. DWELLINGS (2 DETACHED 3 BED HOUSES AND 2 SEMI-DETACHED 2 BED HOUSES)


2 March 2015

WRA P/2014/0951

WITHDRAWN

14/01/2015

1 WESTMINSTER CLOSE, WREXHAM, LL12 7AY

PROPOSED REAR EXTENSION

WRO P/2014/0952

GRANTED

06/02/2015

HSDU BUILDING, CROESNEWYDD ROAD, WREXHAM TECHNOLOGY PARK, WREXHAM, LL13 7YP

CONTINUED SITING AND USE OF METAL STORAGE CONTAINER (RELAXATION OF CONDITION NO 1 OF PLANNING PERMISSION P/2009/0807)

WRA P/2014/0955

GRANTED

03/02/2015

49, GOULBOURNE AVENUE, WREXHAM, LL13 9HQ

REMOVAL OF CONDITION 01 OF PLANNING PERMISSION P/2013/0763 TO ALLOW 1 NO. TAXI TO BE OPERATED FROM THE PREMISES PERMANENTLY

ISY P/2014/0957

REFUSED

10/02/2015

LAND ADJACENT TO BARN COTTAGE, HOLT ROAD, BOWLING BANK, WREXHAM, LL13 9RN

ERECTION OF TWO-STOREY DWELLING, DETACHED GARAGE AND FORMATION OF VEHICULAR AND PEDESTRIAN ACCESS

RHO P/2014/0958

GRANTED

10/02/2015

BOWLING GREEN, BRYN AVENUE, JOHNSTOWN, WREXHAM, LL14 2SU

ERECTION OF PAVILLION BUILDING TO REPLACE EXISTING CONTAINER

WOR P/2014/0961

WITHDRAWN

03/02/2015

GWERN Y TO, SHOCKLACH LANE, WORTHENBURY, WREXHAM, SY14 7AZ

DEMOLITION OF EXISTING HOUSE AND SHIPPON BARN AND ERECTION OF 4 BED DETACHED HOUSE AND REFURBISHMENT OF STABLE BUILDING

WRA P/2014/0962

GRANTED

16/02/2015

BORRAS PARK VETERINARY SURGERY, ROWALLAN, 2 BORRAS PARK ROAD, WREXHAM, LL12 8TG

VARIATION OF CONDITION NO. 2 OF PLANNING PERMISSION P/2014/0297 TO EXTEND THE OPENING HOURS TO 0830 TO 1830 HOURS MONDAY TO FRIDAY

LLR P/2015/0001

REFUSED

03/02/2015

SUNNYSIDE, WOODLANDS ROAD, FRONCYSYLLTE, WREXHAM, , LL20 7SA

APPLICATION FOR OUTLINE PLANNING PERMISSION FOR RESIDENTIAL DEVELOPMENT WITH ALL MATTERS RESERVED FOR FURTHER APPROVAL

BRY P/2015/0004

GRANTED

10/02/2015

THE BARN, PENTRE SAESON FARM, BRYMBO ROAD, BWLCHGWYN, WREXHAM, LL11 5TY

REMOVAL OF CONDITION 5 OF PLANNING PERMISSION CODE NO P/2003/0375 TO ALLOW REMOVAL OF PERMITTED DEVELOPMENT RIGHTS RESTRICTION


2 March 2015

GRE P/2015/0006

GRANTED

11/02/2015

26 STANCLIFFE AVENUE, MARFORD, WREXHAM, LL12 8LW

DEMOLITION OF CAR PORT AND EXISTING SINGLE-STOREY EXTENSION, NEW SINGLE STOREY SIDE EXTENSION TO ACCOMMODATE KITCHEN, UTILITY AND SHOWER ROOM, NEW PITCHED ROOF TO EXISTING DORMER AND NEW FRONT PORCH

WRR P/2015/0012

GRANTED

16/02/2015

FORMER SITE OF, 2, LODGE ROAD, STANSTY, WREXHAM, LL11 2DD

APPLICATION FOR NON-MATERIAL AMENDMENT TO P/2013/0703 TO PROVIDE ADDITIONAL VELUX ROOF WINDOW IN GARAGE AND AMENDMENT TO POSITION OF EXTERNAL STAIRCASE AND DOOR TO UPPER FLOOR

GRE P/2015/0016

GRANTED

11/02/2015

GREEN GABLES, VICARAGE LANE, GRESFORD, WREXHAM, LL12 8US

ERECTION OF WOOD SHED AND BOUNDARY WALL

ISY P/2015/0049

GRANTED

10/02/2015

WREXHAM RECYCLING PARK, BRYN LANE, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9UT

APPLICATION FOR NON MATERIAL AMENDMENT TO PLANNING PERMISSION CODE NO P/2011/0769 TO PROVIDE SMALL EXTENSION TO EAST SIDE OF EXISTING BUILDING (5M WIDE X 5M HIGH AND 3M DEEP)

REPORT TO: Planning Committee REPORT NO.moderngov.wrexham.gov.uk/documents/s500000903/Report.pdf ·...

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