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AGENDA ITEM NO. 4 REPORT TO: Planning Committee REPORT NO. HCWD/57/12 DATE: 1 October 2012 REPORTING OFFICER: Head of Community Wellbeing and 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.

AGENDA ITEM NO. 4 - Wrexham · MR RONALD ERIC JENKINS : GRANT . 8 - 13 . MAE : P/ 2011/0694 . MR JAMES SADOWSKI . GRANT : 14 - 17 . ... To ensure that the caravan …

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Page 1: AGENDA ITEM NO. 4 - Wrexham · MR RONALD ERIC JENKINS : GRANT . 8 - 13 . MAE : P/ 2011/0694 . MR JAMES SADOWSKI . GRANT : 14 - 17 . ... To ensure that the caravan …

AGENDA ITEM NO. 4 REPORT TO:

Planning Committee

REPORT NO.

HCWD/57/12

DATE:

1 October 2012

REPORTING OFFICER:

Head of Community Wellbeing and 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.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

Community Code No Applicant Recommendation Page No

ROS

P/ 2011/0616 MR K MURPHY & MISS T COMBERBACH

GRANT 2 - 7

ROS

P/ 2011/0631 MR RONALD ERIC JENKINS

GRANT 8 - 13

MAE

P/ 2011/0694 MR JAMES SADOWSKI GRANT 14 - 17

ROS

P/ 2011/0873 MR DENNIS BEBBINGTON

GRANT 18 - 23

ROS

P/ 2012/0180 MR TIMOTHY BAILEY GRANT 24 - 29

HOL

P/ 2012/0192 MR & MRS STENSON GRANT 30 - 34

RHO

P/ 2012/0439 MRS GRACE LOCKHART

GRANT 35 - 43

HOL

P/ 2012/0474 H ROUTE & SONS GRANT 44 - 46

BRY

P/ 2012/0478 MISS CATHY HUGHES REFUSE 47 - 48

ROS

P/ 2012/0544 MR P KENT GRANT 49 - 54

ABE

P/ 2012/0557 MR NICK GARNELL GRANT 55 - 59

RUA

P/ 2012/0560 MR M PRYDE GRANT 60 - 64

RHO

P/ 2012/0561 WATKIN JONES & SON LTD DIRECTORS PENSION SCHEME

GRANT 65 - 74

ROS

P/ 2012/0571 MR MARTIN GLEDHILL GRANT 75 - 79

WRO

P/ 2012/0598 KRAZY ABOUT PIZZA MR IMRAN ASHIQ

GRANT 80 - 85

Total Number of Applications Included in Report: 15 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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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

APPLICATION NO: P/2011 /0616 COMMUNITY: Rossett WARD: Rossett

LOCATION: PLOT 20 ROVERS MEADOW ALMERE FERRY ROAD ROSSETT WREXHAM LL12 0BY DESCRIPTION: CONTINUED SITING OF TWIN CARAVAN HOLIDAY HOME (PREVIOUSLY GRANTED UNDER CODE NO. P/2005/1027) APPLICANT(S) NAME: MR K MURPHY & MISS T COMBERBACH

DATE RECEIVED: 30/08/2011 CASE OFFICER: SJG AGENT NAME: MR K MURPHY & MISS T COMBERBACH

_____________________________________________________________________ THE SITE The site is on the banks of the River Dee, 3km east of Rossett.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

PROPOSAL As above. The structure is clad in timber with a ridged dark tiled roof. It is raised above the ground level by over 1 metre. The site is fenced off and includes a storage shed, touring caravan, garden area and steps down to a small platform in the river. RELEVANT HISTORY WRDC 505/61 Continued use of 11 sites for stationing of 1 caravan on

each plot. Granted 23/3/1962 P/2005/1027 Caravan holiday home (twin unit) plot 20. Granted

temporary permission 7/11/2005 (expired 31/12/2010) P/2010/0957 Continued siting of mobile home. Withdrawn A memorandum from the Chief Planning Officer dated 21/3/1990 accepted that many other caravans were on site but had been on site for 20 years or more, and enforcement action would not be appropriate. DEVELOPMENT PLAN The site lies outside the settlement limits, and within a zone C2 floodplain. The River is designated as a SAC and an SSSI. Policies PS2 EC6 EC12 CLF9 H5 and GDP1 of UDP are relevant, together with LPGN 7. TAN5 Nature Conservation and TAN15 Flood Risk are relevant. The site falls within LANDMAP area 14 Dee Floodplain. CONSULTATIONS Rossett C Council: No objections Local Member(s): Notified 6/9/2011 Highways: No comments Public Protection: No comments CCW: Comments regarding SAC and impacts of

development Env Agency: As the site benefits from a historical residential

status, the EA agree that the current situation on this site is a great improvement on the original.

Welsh water: Comments Chester & WC Council Consulted 6/9/2011 Site Notices: Expired 30/9/2011 Other representations: No adjoining occupiers notified SPECIAL CONSIDERATIONS/ ISSUES Background: The site benefits from the 1962 permission for a caravan. This proposal seeks a renewal for an established holiday accommodation use previously approved by planning application P/2005/1027.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

In view of the planning history there are no objections on policy grounds. The site has an established use and this application merely attempts to regularise the continued use of the caravan in this location. The application also allows for more effective management of the site in order to mitigate against any potential adverse ecological impact. Discussions have been taking place with the landowner to address the ecological issues brought about by the recent designation of the river Dee and tributaries as a Special Area of Conservation under TAN5. The approach taken has been to formulate conditions for any approvals to address ecological concerns in consultation with the CCW and landowner. Ecology: Section 40(1) of the Natural Environment and Rural Communities Act 2006 applies to this development and the Local Planning Authority must have regard to the purpose of conserving biodiversity. There are concerns relating to applications in such close proximity to the SAC. The cumulative impacts of all the applications we are likely to receive will require an appropriate assessment. The site as a whole should provide some "like for like" habitat compensation in the form of an area of river bank fenced off and planted up with native shrubs. The applicant and landowner have now confirmed that willing to cooperate with the implementation of an ecological management scheme. This will be prepared by consultants already employed by the landowner, to examine how existing biodiversity habitats will be protected and enhanced, to help to off-set the issues caused by the changes to the holiday caravans/ chalets. The CCW do not object as the proposal does not increase the footprint of development, subject to the conclusion of a favourable appropriate assessment. Appropriate Assessment: In accordance with the Conservation of Habitats and Species Regulations 2010, an appropriate assessment is being prepared.

It is expected that it will be demonstrated that the location of this caravan does not have a negative impact on the River Dee SAC, following discussion with the landowner.

Most of the cabins/caravans on this site pre-date planning legislation. Their usage has almost certainly increased in recent years with many now used as semi-permanent dwellings rather than weekend fishing retreats. This has increased the disturbance throughout the site to levels far higher than the surrounding area. The Countryside Council for Wales has considered a draft assessment, and concurs that the proposal will cause a significant effect, either alone or in

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

combination with other plans or projects. They take the view, however, that the proposal will not affect the ecological integrity of the European site provided planning conditions and/or obligations are imposed.

The long-standing use of the Almere Ferry site for this purpose is a significant consideration. Following the advice of the CCW, it is considered that the impacts of this cabin can be adequately mitigated for in perpetuity by virtue of the controls exercised by the CCW and appropriate planning conditions.

Flooding: TAN15 advises that highly vulnerable development should not be allowed in floodplains, and development sites should be flood free at all times. This was confirmed by the recent appeal decision at Parkside, Rossett P/2008/0705, where permission for caravans was refused on flooding grounds in 2009. The speed of inundation is a particular characteristic of this area. TAN 15 also states that caravan sites should be refused in zone C2 areas, as should proposed changes of use to residential mobile homes or permanent housing. However in this case the Environment Agency accepts the previous permissions and considers that there is a degree of betterment involved in raising the approved structures 1 metre above ground levels. A flood warning system and emergency plan have been put in place. Landscape: There are no additional impacts as a result of retaining the existing structure. Conclusion: The site benefits from a planning permission for a holiday caravan. The suggestion by the CCW of imposing planning conditions is noted and accepted. RECOMMENDATION A That the Head of Community Wellbeing and Development be granted delegated powers to sign the Regulation 61 Appropriate Assessment concluding that that there will be no significant adverse impact upon the SAC. RECOMMENDATION B That planning permission be granted on signing of the Appropriate Assessment subject to the following conditions: CONDITION(S) 1. The works granted consent shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 30 August 2011 and as contained within the application documentation. 2. The caravan hereby permitted shall only be occupied as a holiday

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caravan and shall not be occupied between 1 January and 1 February in any one year. 3. No storage shall take place in the open on any part of the site. 4. 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. 5. Fuels or chemicals required in connection with the residential use of the site shall be stored within a bunded area, the details and location of which to be agreed with the Local Planning Authority prior to any fuels or chemicals being brought onto the land. 6. No soil, sand or other buildings materials shall be stored on any part of the site at any time. 7. Details of any proposed planting to be carried out on the site in connection with the residential use of the land shall be submitted to the Local Planning Authority for approval, prior to any plants being brought onto the land. 8. The location of any new caravan to be brought onto the site shall be agreed on site by the Local Planning Authority. The caravan shall only remain in the agreed location and shall at no time be moved elsewhere on the site. 9. No decking, sheds, or other buildings shall be placed on the site without the prior permission of the Local Planning Authority. 10. Details of any proposed external lighting for the site shall be submitted to and approved by the Local Planning Authority prior to its installation on the site. Only approved lighting methods shall be installed on the site. REASON(S) 1. To ensure that the development fully complies with the appropriate policies and standards. 2. To ensure that the caravan is only occupied as a holiday caravan and is not used as a permanent dwelling contrary to adopted policies on development in the countryside. 3. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 4. To prevent pollution of the water environment. 5. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 6. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 7. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 8. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

9. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 10. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. NOTE(S) TO APPLICANT The site is located within a floodplain and the advice of the Environment Agency is attached. _____________________________________________________________________

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

APPLICATION NO: LOCATION: P/2011 /0631 21 ROVERS MEADOW ALMERE

FARM ROSSETT WREXHAM LL12 0BY

COMMUNITY: DESCRIPTION: Rossett CONTINUED SITING OF CARAVAN UNIT

WARD: APPLICANT(S) NAME: Rossett MR RONALD ERIC JENKINS

DATE RECEIVED: 05/09/2011 CASE OFFICER: SJG AGENT NAME: MR RONALD ERIC JENKINS

_____________________________________________________________________ THE SITE The site is on the bank of the River Dee, 3km east of Rossett.

PROPOSAL As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

The application seeks permission to retain the caravan, which has been on site for many years. It is elevated by over 1 metre above the land and sits on the bank of the river Dee, including a fishing platform built out into the river. It is surrounded by a fence and includes a garden area. RELEVANT HISTORY WRDC 505/61 Continued use of 11 sites for stationing of 1 caravan on

each plot. Granted 23/3/1962 P/2005/0887 Replacement of caravan with chalet. Granted 3/10/2005-

not implemented P/2010/0994 Continued siting of mobile home. Withdrawn A memorandum from the Chief Planning Officer dated 21/3/1990 accepted that many other caravans were on site but had been on site for 20 years or more, and enforcement action would not be appropriate. DEVELOPMENT PLAN The site lies outside the settlement limits, and within a zone C2 floodplain. The River is designated as a SAC and an SSSI. Policies PS2 EC6 EC12 CLF9 H5 and GDP1 of UDP are relevant, together with LPGN 7. TAN5 Nature Conservation and TAN15 Flood Risk are relevant. The site falls within LANDMAP area 14 Dee Floodplain. CONSULTATIONS Rossett C Council: No objections Local Member: Notified 9/9/2011 Highways: No comments Public Protection: No comments CCW: Comments regarding SAC and impacts of

development Env Agency: As the site benefits from a historical residential

status, the EA agree that the current situation on this site is a great improvement on the original.

Welsh Water: No comments Chester & WC Council: Consulted 9/9/2011 Site Notices: Expired 30/9/2011 Other Representations: No adjoining occupiers notified. SPECIAL CONSIDERATIONS/ ISSUES Background: The site has the benefit of 1962 permission for a caravan. In view of the planning history there are no objections on policy grounds. The site has an established use and this application merely attempts to regularise the continued use of the caravan in this location. The application also allows

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

for more effective management of the site in order to mitigate against any potential adverse ecological impact. Discussions have been taking place with the landowner to address the ecological issues brought about by the recent designation of the river Dee and tributaries as a Special Area of Conservation under TAN5. The approach taken has been to formulate conditions for any approvals to address ecological concerns in consultation with the CCW and landowner. Ecology: Section 40(1) of the Natural Environment and Rural Communities Act 2006 applies to this development and the Local Planning Authority must have regard to the purpose of conserving biodiversity. There are concerns relating to applications in such close proximity to the SAC. The cumulative impacts of all the applications we are likely to receive will require an appropriate assessment. The site as a whole should provide some "like for like" habitat compensation in the form of an area of river bank fenced off and planted up with native shrubs. The applicant and landowner have now confirmed that they are willing to cooperate with the implementation of an ecological management scheme. This will be prepared by consultants already employed by the landowner, to examine how existing biodiversity habitats will be protected and enhanced, to help to off-set the issues caused by the changes to the holiday caravans/ chalets. The CCW do not object as the proposal does not increase the footprint of development, subject to the conclusion of a favourable appropriate assessment. Appropriate Assessment: In accordance with the Conservation of Habitats and Species Regulations 2010, an appropriate assessment is being prepared.

It is expected that it will be demonstrated that the location of this caravan does not have a negative impact on the River Dee SAC, following discussion with the landowner.

Most of the cabins/caravans on this site pre-date planning legislation. Their usage has almost certainly increased in recent years with many now used as semi-permanent dwellings rather than weekend fishing retreats. This has increased the disturbance throughout the site to levels far higher than the surrounding area. The Countryside Council for Wales has considered a draft assessment, and concurs that the proposal will cause a significant effect, either alone or in combination with other plans or projects. They take the view, however, that the proposal will not affect the ecological integrity of the European site provided planning conditions and/or obligations are imposed.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

The long-standing use of the Almere Ferry site for this purpose is a significant consideration. Following the advice of the CCW, it is considered that the impacts of this cabin can be adequately mitigated for in perpetuity by virtue of the controls exercised by the CCW and appropriate planning conditions.

Flooding: TAN15 advises that highly vulnerable development should not be allowed in floodplains, and development sites should be flood free at all times. This was confirmed by the recent appeal decision at Parkside, Rossett P/2008/0705, where permission for caravans was refused on flooding grounds in 2009. The speed of inundation is a particular characteristic of this area. TAN 15 also states that caravan sites should be refused in zone C2 areas, as should proposed changes of use to residential mobile homes or permanent housing. However in this case the Environment Agency accepts the previous permissions and considers that there is a degree of betterment involved in raising the approved structures 1 metre above ground levels. A flood warning system and emergency plan have been put in place. Landscape: There are no additional impacts as a result of retaining the existing structure. Conclusion: The site benefits from a planning permission for a holiday caravan. The suggestion by the CCW of imposing planning conditions is noted and accepted. RECOMMENDATION A That the Head of Community Wellbeing and Development be granted delegated powers to sign the Regulation 61 Appropriate Assessment concluding that that there will be no significant adverse impact upon the SAC. RECOMMENDATION B That planning permission be granted on signing of the Appropriate Assessment subject to the following conditions: CONDITION(S) 1. The works granted consent shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 5 September 2011 and as contained within the application documentation. 2. The caravan hereby permitted shall only be occupied as a holiday caravan and shall not be occupied between 1 January and 1 February in any one year. 3. No storage shall take place in the open on any part of the site. 4. Any facilities for the storage of oils, fuels or chemicals shall be sited on

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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. 5. Fuels or chemicals required in connection with the residential use of the site shall be stored within a bunded area, the details and location of which to be agreed with the Local Planning Authority prior to any fuels or chemicals being brought onto the land. 6. No soil, sand or other buildings materials shall be stored on any part of the site at any time. 7. Details of any proposed planting to be carried out on the site in connection with the residential use of the land shall be submitted to the Local Planning Authority for approval, prior to any plants being brought onto the land. 8. The location of any new caravan to be brought onto the site shall be agreed on site by the Local Planning Authority. The caravan shall only remain in the agreed location and shall at no time be moved elsewhere on the site. 9. No decking, sheds, or other buildings shall be placed on the site without the prior permission of the Local Planning Authority. 10. Details of any proposed external lighting for the site shall be submitted to and approved by the Local Planning Authority prior to its installation on the site. Only approved lighting methods shall be installed on the site. REASON(S) 1. To ensure that the development fully complies with the appropriate policies and standards. 2. To ensure that the caravan is only occupied as a holiday caravan and is not used as a permanent dwelling contrary to adopted policies on development in the countryside. 3. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 4. To prevent pollution of the water environment. 5. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 6. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 7. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 8. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 9. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 10. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan.

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NOTE(S) TO APPLICANT The site is located within a floodplain and the advice of the Environment Agency is attached. _____________________________________________________________________

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2011 /0694 WALNUT COTTAGE OVERTON

ROAD PENLEY WREXHAM 23/09/2011

LL13 0LY

COMMUNITY: CASE OFFICER: DESCRIPTION: Maelor South PF ERECTION OF CONSERVATORY APPLICANT(S) NAME: WARD: AGENT NAME: MR JAMES SADOWSKI Overton PARRY DAVIES

PARTNERSHIP MR RICHARD GRATTON

_____________________________________________________________________ THE SITE

PROPOSAL The proposal is for the erection of a conservatory to the eastern elevation of the dwelling. The structure measures 2.8 metres projecting from the side elevation of the dwelling at a width of 6 metres. The conservatory is proposed to be constructed out of timber.

SITE – Shaded area denotes extension

Unit 2

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HISTORY P/2006/1015 Conversion of redundant farm outbuildings to 2 no.

dwelling. Granted 02.04.2007 P/2012/0093 Conversion of outbuilding to form 1 no. dwelling and

erection of detached garage (amendment to planning permission P/2006/1015). Granted 07.09.2012

DEVELOPMENT PLAN The site is outside settlement and within a Special Landscape Area. Policies PS2, GDP1, EC5 and T8 refer. Local Planning Guidance Notes 13 – Housing in the Countryside, 16 – Parking Standards and 20 – House Extensions are also relevant. CONSULTATIONS Community Council: No objections Local Member: Notified 27.09.2011 Site Notice: Expired 24.10.2011 Other representations: 1 neighbouring occupier notified. 1 representation

received raising the following points: The proposed alterations will spoil the view of

the farm and it will no longer look like a barn conversion but some sort of new build. Conservatories don’t suit barn conversions.

A full reconsultation exercise was carried out 17.08.2012 following the receipt of amended plans. SPECIAL CONSIDERATIONS Background: Planning permission was granted in 2006 for the conversion of the building from a redundant agricultural building to 2 no. residential units. The overall conversion was carried out without any significant alterations to the footprint of the building. Planning permission is has recently been granted for an extension and erection of detached garage to the larger unit of the two residential units (unit 2). Design: LPG13 requires that extensions to dwellings in open countryside locations should be subsidiary to the original dwelling and respect their visual character. In converting rural buildings for residential purposes the council expects that the existing structure should be capable of modern habitation without a need to add incongruous extensions to the structure. This proposal seeks to add a modern extension in the form of a conservatory. Whilst acknowledging the guidance contained within LPG13 and LPG20, I have sought amended plans reducing the overall roof height of the structure not to

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exceed the height of the eaves of the existing dwelling and the use of a timber construction as opposed to uPVC. The main public viewpoint of the structure would be a brief glance from the highway some 100m to the east. I do not consider that this brief view of the extension would cause significant harm to the wider character of the landscape and the amendments sought represent a structure which would appear subsidiary to the main structure. Together with the reduced impact of a mainly glazed elevation I am satisfied that the proposal would be considered acceptable. Conclusion: I am satisfied that the proposal would not have an adverse impact upon the neighbouring occupiers of the site and the visual impact is acceptable in terms of the special landscape area. As such 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. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. The conservatory hereby approved shall be of a timber construction and prior to first occupation shall receive a painted finish in accordance with details to be submitted for the further written approval of the local planning authority. The development shall be carried out in strict accordance with these details. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure the works reflect the character and appearance of the building. NOTE(S) TO APPLICANT The applicant is advised that there are conditions pursuant to plannng permission MAE P/2006/1015 which remain outstanding. You are advised to make contact with the Plannning Department in order to discharge these conditions to avoid any formal enforcement proceedings. The applicant is advised that the unauthorised wall and gate pillars to the north of the site require the benefit of an application for planning permission. This matter should be resolved at your earliest convenience to avoid any formal enforcement proceedings.

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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. _____________________________________________________________________

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APPLICATION NO: LOCATION: P/2011 /0873 10 ORCHARD MEADOW ALMERE

FERRY ROAD ROSSETT WREXHAM

DATE RECEIVED: 17/11/2011

LL12 0BU

COMMUNITY: CASE OFFICER: DESCRIPTION: Rossett ERECTION OF TIMBER LOG CABIN TO REPLACE EXISTING STATIC CARAVAN

SJG WARD: AGENT NAME:

Rossett MR DENNIS BEBBINGTON APPLICANT(S) NAME:

MR DENNIS BEBBINGTON

_____________________________________________________________________ THE SITE The site is on the west bank of the River Dee just north of the confluence with the Rive Alyn. The site is fenced off from the field, and contains a static caravan, sheds and a landing jetty projecting into the river.

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PROPOSAL As above. The proposed cabin has a flooorspace of 64m2, and consists of a twin unit raised 0.3 metre above ground level on concrete pillars. The unit would have a single pitched roof and contains 2 bedrooms, living room, kitchen and bathroom. Applicant’s statements The proposal is to erect a timber holiday fishing cabin on an established site, which will only be occupied intermittently as a fishing cabin. There are examples of other cabins erected nearby. Low level planting will be carried out to soften the elevations. The applicant refers to consultation with the Environment Agency, and confirms that the floor level will be above existing ground level. RELEVANT HISTORY WRDC 505/61 Continued use of 11 sites for stationing of 1 caravan on

each plot. Granted 23/3/1962 P/2010/0056 Erection of timber log cabin to replace existing static

Caravan. Refused 1/3/2010 DEVELOPMENT PLAN The site lies outside the settlement limits, and is within a Special Landscape Area and a zone C2 floodplain. It borders the River Dee/Bala Lake Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI), and is within the buffer zones. Policies PS2 PS11 EC5 EC6 EC12 CLF9 H5 and GDP1 of UDP are relevant, together with LPGN 7 Landscape and 32 Biodiversity. TAN 5 Nature Conservation, TAN12 Design and TAN15 Development and Flood Risk are also relevant. The site falls within LANDMAP area 14 Dee Floodplain. CONSULTATIONS Rossett C Council: No objections but express concern at the location

within a flood plain Local Member(s): Consulted 1/12/2011 Highways: No comments Public Protection: No comments Welsh Water: Recommend conditions Environment Agency: Comments CCW: Objected prior to an appropriate assessment being

carried out. Comments regarding the assessment Cheshire West & Cheshire: Consulted 1/12/2011 Site Notices: Expired 28/12/2011 Other Representations: No adjoining occupiers to be notified.

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SPECIAL CONSIDERATIONS/ ISSUES Background: The site benefits from a 1962 permission for a caravan. In view of the planning history there are no objections on policy grounds. The site has an established use and this application merely attempts to regularise the continued use of the caravan in this location. The application also allows for more effective management of the site in order to mitigate against any potential adverse ecological impact. Discussions have been taking place with the landowner to address the ecological issues brought about by the recent designation of the river Dee and tributaries as a Special Area of Conservation under TAN5. The approach taken has been to formulate conditions for any approvals to address ecological concerns in consultation with the CCW and landowner. The proposal has been amended following the previous refusal, in terms of the size and height of the unit and the site coverage, and is now comparable to the existing, authorised caravan. The application is not in retrospect. Ecology: Section 40(1) of the Natural Environment and Rural Communities Act 2006 applies to this development and the Local Planning Authority must have regard to the purpose of conserving biodiversity. There are concerns relating to applications in such close proximity to the SAC. The cumulative impacts of all the applications we are likely to receive will require an appropriate assessment. The site as a whole should provide some "like for like" habitat compensation in the form of an area of river bank fenced off and planted up with native shrubs. The applicant and landowner have now confirmed that they are willing to cooperate with the implementation of an ecological management scheme. This will be prepared by consultants already employed by the landowner, to examine how existing biodiversity habitats will be protected and enhanced, to help to off-set the issues caused by the changes to the holiday caravans/ chalets. The CCW do not object as the proposal does not increase the footprint of development, subject to the conclusion of a favourable appropriate assessment. Appropriate Assessment: In accordance with the Conservation of Habitats and Species Regulations 2010, an appropriate assessment is being prepared.

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It is expected that it will be demonstrated that the location of this caravan does not have a negative impact on the River Dee SAC, following discussion with the landowner.

Most of the cabins/caravans on this site pre-date planning legislation. Their usage has almost certainly increased in recent years with many now used as semi-permanent dwellings rather than weekend fishing retreats. This has increased the disturbance throughout the site to levels far higher than the surrounding area. The Countryside Council for Wales has considered a draft assessment, and concurs that the proposal will cause a significant effect, either alone or in combination with other plans or projects. They take the view, however, that the proposal will not affect the ecological integrity of the European site provided planning conditions and/or obligations are imposed.

The long-standing use of the Almere Ferry site for this purpose is a significant consideration. Following the advice of the CCW, it is considered that the impacts of this cabin can be adequately mitigated for in perpetuity by virtue of the controls exercised by the CCW and appropriate planning conditions.

Flooding: TAN15 advises that highly vulnerable development should not be allowed in floodplains, and development sites should be flood free at all times. This was confirmed by the recent appeal decision at Parkside, Rossett P/2008/0705, where permission for caravans was refused on flooding grounds in 2009. The speed of inundation is a particular characteristic of this area. TAN 15 also states that caravan sites should be refused in zone C2 areas, as should proposed changes of use to residential mobile homes or permanent housing. However in this case the Environment Agency refers to the previous permissions and considers that there is a degree of betterment involved in raising the approved structures 1 metre above ground levels. A flood warning system and emergency plan have been put in place. Landscape: The proposed structure would be no more conspicuous that the existing authorised caravan, following the amendments made to the scheme. Conclusion: The site benefits from a planning permission for a holiday caravan. The suggestion by the CCW of imposing planning conditions is noted and accepted. RECOMMENDATION A That the Head of Community Wellbeing and Development be granted delegated powers to sign the Regulation 61 Appropriate Assessment concluding that that there will be no significant adverse impact upon the SAC.

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RECOMMENDATION B That planning permission be granted on signing of the Appropriate Assessment subject to the following conditions: CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The works granted consent shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 1 December 2011 and as contained within the application documentation. 3. The chalet hereby permitted shall only be occupied as a holiday chalet and shall not be occupied between 1 January and 1 February in any one year. 4. No storage shall take place in the open on any part of the site. 5. 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. 6. Fuels or chemicals required in connection with the residential use of the site shall be stored within a bunded area, the details and location of which to be agreed with the Local Planning Authority prior to any fuels or chemicals being brought onto the land. 7. No soil, sand or other buildings materials shall be stored on any part of the site at any time. 8. Details of any proposed planting to be carried out on the site in connection with the idential use of the land shall be submitted to the Local Planning Authority for approval, prior to any plants being brought onto the land. 9. Any new cabin/chalet brought onto the land shall be sited at least 5 metres away from the riverbank. 10. No decking, sheds, or other buildings shall be placed on the site without the prior permission of the Local Planning Authority. 11. Details of any proposed external lighting for the site shall be submitted to and approved by the Local Planning Authority prior to its installation on the site. Only approved lighting methods shall be installed on the site. 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.

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3. To ensure that the caravan is only occupied as a holiday caravan and is not used as a permanent dwelling contrary to adopted policies on development in the countryside. 4. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary Development Plan. 5. To prevent pollution of the water environment. 6. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 7. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 8. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 9. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 10. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 11. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. NOTE(S) TO APPLICANT The site is located within a floodplain and the advice of the Environment Agency is attached. _____________________________________________________________________

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APPLICATION NO: LOCATION: P/2012 /0180 53 ALMERE FERRY FARM ALMERE

FERRY ROAD TREVALYN ROSSETT WREXHAM

DATE RECEIVED: 09/03/2012

COMMUNITY: CASE OFFICER: LL12 0BY

Rossett SJG DESCRIPTION: RETAIN EXISTING CARAVAN AND CLAD WITH INSULATED PLASTIC SHEETING. INSTALL INSULATED TIN ROOF OVER EXISTING CARAVAN (IN RETROSPECT)

WARD: AGENT NAME: Rossett MR TIMOTHY BAILEY

APPLICANT(S) NAME: MR TIMOTHY BAILEY

_____________________________________________________________________ THE SITE The site is on the north bank of the River Alyn just west of the confluence with the River Dee.

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PROPOSAL As above. The works have already taken place and involved extending the width of the caravan by 1 metre and a new roof. RELEVANT HISTORY No applications on this site. WRDC 505/61 Continued use of 11 sites for stationing of 1 caravan on

each plot. Granted 23/3/1962 A memorandum from the Chief Planning Officer dated 21/3/1990 accepted that many other caravans were on site but had been on site for 20 years or more, and enforcement action would not be appropriate. DEVELOPMENT PLAN The site lies outside the settlement limits, and is within a Special Landscape Area and a zone C2 floodplain. It borders the River Dee/Bala Lake Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI), and is within the buffer zones. Policies PS2 PS11 EC5 EC6 EC12 CLF9 H5 and GDP1 of UDP are relevant, together with LPGN 7 Landscape and 32 Biodiversity. TAN 5 Nature Conservation, TAN12 Design and TAN15 Development and Flood Risk are also relevant. The site falls within LANDMAP area 14 Dee Floodplain. CONSULTATIONS Rossett C Council: Consulted 13/3/2012 Local Member(s): Consulted 13/3/2012 Highways: Consulted 13/3/2012 Public Protection: No comments Environment Agency: Comments CCW: Object unless a satisfactory assessment is carried

out Site Notices: Expired 28/12/2011 Other Representations: Adjoining occupiers notified 14/3/2012. No

comments received. SPECIAL CONSIDERATIONS/ ISSUES Background: This site does not benefit from the 1962 permission, but there has been a caravan on site for many years on this and several adjoining plots, as was recognised by the Local Planning Authority in 1990. Therefore there are no policy objections to the proposal. The application seeks retrospective permission for alterations to a previous holiday caravan on the site. The site itself has been developed by the erection of high fences and structures.

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Discussions have been taking place with the landowner to address the ecological issues brought about by the recent designation of the river Dee and tributaries as a Special Area of Conservation under TAN5. The approach taken has been to formulate conditions for any approvals to address ecological concerns in consultation with the CCW and landowner. Conclusion: The suggestion by the CCW of imposing planning conditions and a section 106 agreement is noted and accepted. Ecology: Section 40(1) of the Natural Environment and Rural Communities Act 2006 applies to this development and the Local Planning Authority must have regard to the purpose of conserving biodiversity. There are concerns relating to applications in such close proximity to the SAC. The cumulative impacts of all the applications we are likely to receive will require an appropriate assessment. The site as a whole should provide some "like for like" habitat compensation in the form of an area of river bank fenced off and planted up with native shrubs. The applicant and landowner have now confirmed that they are willing to cooperate with the implementation of an ecological management scheme. This will be prepared by consultants already employed by the landowner, to examine how existing biodiversity habitats will be protected and enhanced, to help to off-set the issues caused by the changes to the holiday caravans/ chalets. The CCW do not object as the proposal does not increase the footprint of development, subject to the conclusion of a favourable appropriate assessment. Appropriate Assessment: In accordance with the Conservation of Habitats and Species Regulations 2010, an appropriate assessment is being prepared.

It is expected that it will be demonstrated that the location of this caravan does not have a negative impact on the River Dee SAC, following discussion with the landowner.

Most of the cabins/caravans on this site pre-date planning legislation. Their usage has almost certainly increased in recent years with many now used as semi-permanent dwellings rather than weekend fishing retreats. This has increased the disturbance throughout the site to levels far higher than the surrounding area. The Countryside Council for Wales has considered a draft assessment, and concurs that the proposal will cause a significant effect, either alone or in combination with other plans or projects. They take the view, however, that

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the proposal will not affect the ecological integrity of the European site provided planning conditions and/or obligations are imposed. The long-standing use of the Almere Ferry site for this purpose is a significant consideration. Following the advice of the CCW, it is considered that the impacts of this cabin can be adequately mitigated for in perpetuity by virtue of the controls exercised by the CCW and appropriate planning conditions. Flooding: TAN15 advises that highly vulnerable development should not be allowed in floodplains, and development sites should be flood free at all times. This was confirmed by the recent appeal decision at Parkside, Rossett P/2008/0705, where permission for caravans was refused on flooding grounds in 2009. The speed of inundation is a particular characteristic of this area. TAN 15 also states that caravan sites should be refused in zone C2 areas, as should proposed changes of use to residential mobile homes or permanent housing. However in this case the Environment Agency refers to the previous permissions and considers that there is a degree of betterment involved in raising the approved structures 1 metre above ground levels. A flood warning system and emergency plan have been put in place. Landscape: The existing structure is conspicuous in the flat landscape and has changed in appearance in recent years, but is similar to other structures in the locality. Conclusion: The suggestion by the CCW of imposing planning conditions and a section 106 agreement is noted and accepted. RECOMMENDATION A That the Head of Community Wellbeing and Development be granted delegated powers to sign the Regulation 61 Appropriate Assessment concluding that that there will be no significant adverse impact upon the SAC. RECOMMENDATION B That planning permission be granted on signing of the Appropriate Assessment subject to the following conditions: CONDITION(S) 1. The works granted consent shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 5 September 2011 and as contained within the application documentation. 2. The caravan hereby permitted shall only be occupied as a holiday caravan and shall not be occupied between 1 January and 1 February in any one year.

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3. No storage shall take place in the open on any part of the site. 4. 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. 5. Fuels or chemicals required in connection with the residential use of the site shall be stored within a bunded area, the details and location of which to be agreed with the Local Planning Authority prior to any fuels or chemicals being brought onto the land. 6. No soil, sand or other buildings materials shall be stored on any part of the site at any time. 7. Details of any proposed planting to be carried out on the site in connection with the residential use of the land shall be submitted to the Local Planning Authority for approval, prior to any plants being brought onto the land. 8. The location of any new caravan to be brought onto the site shall be agreed on site by the Local Planning Authority. The caravan shall only remain in the agreed location and shall at no time be moved elsewhere on the site. 9. No decking, sheds, or other buildings shall be placed on the site without the prior permission of the Local Planning Authority. 10. Details of any proposed external lighting for the site shall be submitted to and approved by the Local Planning Authority prior to its installation on the site. Only approved lighting methods shall be installed on the site. REASON(S) 1. To ensure that the development fully complies with the appropriate policies and standards. 2. To ensure that the caravan is only occupied as a holiday caravan and is not used as a permanent dwelling contrary to adopted policies on development in the countryside. 3. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 4. To prevent pollution of the water environment. 5. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 6. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 7. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 8. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. 9. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan.

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10. To safeguard the ecological value of the River Dee and comply with policy EC6 of the Wrexham Unitary development Plan. NOTE(S) TO APPLICANT The site is located within a floodplain and the advice of the Environment Agency is attached. _____________________________________________________________________

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APPLICATION NO: P/2012 /0192 COMMUNITY: Holt WARD: Holt

LOCATION: 2 LILAC COTTAGE CROSS STREET HOLT WREXHAM LL13 9JD DESCRIPTION: CHANGE OF USE FROM RETAIL TO DOMESTIC ACCOMMODATION, INSTALLATION OF PORCH CANOPY AND REPLACEMENT OF RETAIL ENTRANCE WITH WINDOW APPLICANT(S) NAME: MR & MRS STENSON

DATE RECEIVED: 15/03/2012 CASE OFFICER: PF AGENT NAME: MR & MRS STENSON

_____________________________________________________________________ Background: Members will recall that this application was presented before the June 2012 Planning Committee with a recommendation that the proposal be refused on the grounds of the visual impact of the proposed window alterations on the character of the conservation area. A site visit was subsequently carried out by the Committee and a resolution made to defer consideration of the application to allow officers to discuss possible amendments to the proposed window alterations. Further discussions have been held with the applicant to discuss suitable window alterations. However a scheme which would seek to either preserve or enhance the character of the conservation area acceptable to the applicants needs has not been possible and on this basis, the applicant has agreed to delete this element of the scheme. This proposal now consists of the following elements:

change of use of the retail floor area to residential accommodation; installation of porch canopy to the building frontage; and replacement of retail doorway with single window opening.

My original report can be found below along with a revised recommendation.

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Original report THE SITE

SITE

PROPOSAL The proposal is to change the use of the existing ground floor retail area to residential accommodation associated with No. 2 Lilac Cottage and alter all the windows fronting onto Cross Street to allow for the installation of double glazing. HISTORY None. DEVELOPMENT PLAN Within a defined settlement limit, Holt Conservation Area (Article 4(2)) and Holt District Shopping Centre. Policies PS2, GDP1, EC7, S5 and T8 refer. Local Planning Guidance Note 4 – Conservation Areas, and 16 – Parking Standards are relevant.

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CONSULTATIONS Community Council: Consulted 19.03.2012 Local Member: Requested application be presented to Planning

Committee. Site Notice: Expired 10.04.2012 Press Notice: Expires 15.06.2012 Highways: No recommendations. Public Protection: No comments. WACS: Consulted 19.03.2012 Wrexham Access group: Consulted 19.03.2012 Other Representations: 8 neighbouring occupiers notified. SPECIAL CONSIDERATIONS Policy: The development site is located within Holt Conservation Area and Holt District Shopping Centre. A statutory requirement of the Local Planning Authority is to ensure that, in allowing development to take place, it must either seek to preserve or enhance the character of the Conservation Area in accordance with policy EC7. Additionally, where any proposal will result in the change of use of an existing facility which would have an adverse impact upon the vitality of a district shopping centre, it would not normally be considered acceptable. Change of use: The existing small retail facility forms a small part of the larger residential element of No. 2 Lilac Cottage. The business, an off licence, is no longer viable for the current owner / applicant due to retirement. The applicant has submitted detail with the application to demonstrate that reasonable attempts have been made to market the business and house since December 2009 both locally and with a selling agent, however there has been no interest from potential buyers. The proposal seeks to change the use of the retail floor area so that the applicant can remain at the property. Given that the retail space subject to this application is relatively small and is somewhat devoid from the core of the district shopping centre I do not consider that its loss will be detrimental to the vitality of the shopping area. I am also mindful that there is an existing convenience store within close proximity to the application site which provides for similar products, therefore the loss of the retail floor area referred to will not result in a lack of facilities for villagers. Visual Impacts: In order to allow for the installation of double glazed units and change the use of part of the ground floor to residential, the applicant seeks to change the detailing of the existing windows on the principle elevation of the application site and replace the doorway with a window. Whilst it is noted that the existing windows are not considered to have significant architectural merit they do feature traditional characteristics such as narrow, equally spaced glazing bars.

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In order to allow for the retention of top hinged opening casements the proposed changes to the window frames appear out of proportion, losing their equally spaced glazing bars to have a horizontal emphasis. This is not considered to be a traditional feature and has also resulted in extremely thick glazing bars. The applicant has justified these changes on the basis that side hung casements, as opposed to top hung casements, would allow a significant security risk to occur given that the dwelling fronts immediately onto a highway. I do not consider that this is significant enough justification, given that there are other examples of side hung casements within close proximity and security features available to prevent windows being fully opened from outside when left ajar. I also have concerns that the cill level of the proposed window in the doorway is too low and does not respect the position of the existing window openings in the building. On this basis, it is considered that the window frames as proposed do not represent an improvement over and above that of the existing frames and therefore do not seek to preserve or enhance the character of the conservation area. Other matters: There is an existing gated vehicular access to the side of the property. The proposal to change the use of the retail floor area to part of the existing dwelling is not considered to generate additional vehicular movements. It is therefore considered that the existing parking provision is adequate. Conclusion: Whilst it is accepted that the loss of the retail floor area to residential use is acceptable, I do not consider that the proposed window frame alterations seek to preserve or enhance the character of the conservation area. I recommend as follows. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The porch canopy as shown on the approved plans shall be constructed of materials matching those on the existing building unless otherwise agreed, in writing, by the local planning authority. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure the works reflect the character and appearance of the building.

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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. 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/2012 /0439 COMMUNITY: Rhos WARD: Ponciau

LOCATION: BERLIN HOUSE 46 MARKET STREET RHOSLLANERCHRUGOG WREXHAM LL14 2HY DESCRIPTION: VARIATION OF CONDITIONS 2 AND 3 OF PLANNING PERMISSION CODE NO. P/2011/0247 TO ALLOW DRINKS TO BE SOLD FOR TAKEAWAY AND TO ALLOW LATER OPENING OF THE CAFE ON WEEKDAYS AND SATURDAYS AND TO ALLOW OPENING ON SUNDAYS AND BANK HOLIDAYS APPLICANT(S) NAME: MRS GRACE LOCKHART

DATE RECEIVED: 21/06/2012 CASE OFFICER: MP AGENT NAME: MRS GRACE LOCKHART

_____________________________________________________________________ Members will recall that this application was reported to Committee in September and was deferred. Members had suggested that a closing time of 8pm on Thursdays, Fridays and Saturdays would be preferable. Outcome of discussions with the applicant: The applicant has agreed to the amended opening times for Thursdays, Fridays and Saturdays. If this application is granted on the basis of the amendment the opening hours of the café will be restricted to: 8.30am to 8pm any week day and on Saturdays 11am to 3pm on Sundays. Conclusion: The amendment accords with the suggestions of Members. My original report is attached below as is a recommendation that planning permission be granted subject to the conditions which are also listed below. Condition 02 has been amended to take account of the opening hours referred to above.

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THE SITE As above.

Application site

PROPOSAL As above. HISTORY 6/21342 Change of use from hardware shop to launderette. Granted

12.7.1993 P/2000/0786 Change of use of ground floor to Indian restaurant and take-

away. Refused 13.11.2000 P/2002/0956 Conversion of dwelling to 3 no. flats. Granted 16.1.2003 P/2011/0247 Change of use from shop to café. Granted 18.5.2011. DEVELOPMENT PLAN Within settlement and Rhos District Shopping Centre. Policies GDP1 and S5 apply. CONSULTATIONS Community Council: Object and make the following comments:

- Not located within the to traffic calming area;

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- the Police have not been consulted; - there has been no consultation with local

members; - the site is directly on the highway, a very busy

junction; - there are no toilet facilities – particularly once

the public toilets nearby are closed; - there isn’t a ramp – lack of access; - neighbours have not been consulted; - request before any future decisions or

applications be discussed, the Police, neighbour and local members are consulted together with the Community Council;

- received several notifications from local residents to their objections;

- have been notified that the Police will be making an objection;

- concerns of gathering by the doorway, which is directly onto the highway.

Local Members: Both request application is reported to planning committee.

Public Protection: No comments. No records of complaints being received regarding odour.

Highways: Unlikely the proposal will create any on-street parking issues in the locality. No recommendations on highway grounds.

Site Notice: Expired 18.7.12 Other Representations: 2 representations received expressing the

following concerns: - cooking odour; - noise and nuisance; - privacy – noise transmitted through floors in

both directions; - new opening hours will reduce quality of life; - location of bin stores and staff smoking area.

Longer hours will increase rubbish leading to increase in smell and possible vermin. More passive smoking;

- why is a community church café opening on a Sunday;

- this is a predominantly residential area and is not a shopping area;

- youths who hang about the Coop will relocated here;

- litter; - lack of customer toilets; - application is misleading – site is not in with the

one way system and is opposite a junction. There is no bus stop near by, no evidence to

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support claim the café is supported by the local community.

Inspector Nick Evans (North Wales Police) has made the following comments: - No pre-application consultation – nor have the

police indicated support; - Have reservations about proposed opening

hours; - There would be safety implications due to the

proximity of the entrance to the corner on Market Street. The pavement is extremely narrow which means people end up walking into the road as they exit the shop. This is particularly the case for those pushing buggies. This will not be an acceptable situation in the hours of darkness in the winter;

- No toilets in the premises. Come the evening when the public toilets are closed concerned there will be an increase in the number of people urinating in the alleyways;

- Impact upon local residents in terms of increased noise.

SPECIAL CONSIDERATIONS Background: The café was granted planning permission subject to a condition that prevented the sale of hot food and drink for consumption off the premises (i.e. prevented the site operating as a hot food takeaway) due to the lack of short stay parking in the locality and also due to the potential impact upon the residents of nearby properties – in particular the 3 flats in the same building. The existing condition does not prevent cold food (e.g. sandwiches) or cold drinks being sold for consumption off the premises – indeed it would be permitted development for the premises to open as a shop and sell these items for takeaway. The hours of operation are restricted to those originally proposed by the applicants and limit the use of the café to 08:30 - 15:00 Monday to Friday, 09:00 - 13:00 Saturday and prevent the premises being used as a café at all on Sundays or Bank Holidays. These hours were considered unlikely to harm the amenity of nearby residents. The applicant is now proposing to vary these two restrictions to permit hot drinks to be sold for consumption off the premises and to extend the opening hours to:

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Monday to Wednesday: 8.30am to 8pm Thursday and Friday: 8.30am to 10pm Saturdays: 9am to 10pm Sunday: 11am to 3pm The applicant has stated that the variation of the above mentioned conditions is required to meet growing demand and to enable drinks to be sold for takeaway. Impact: The site lies within a defined district shopping centre. Its immediate surroundings are mixed use in character comprising of A1, A2 and A3 uses, a dentist and a bookmakers in addition to a number of residential properties – both stand alone dwellings and flats attached to/over business premises. As noted above customers can already buy cold food and drinks to takeaway and I do not believe the ability to buy a hot drink and take it away will have a greater impact upon amenity. The customers of the café are likely to arrive and spend time on site whilst being served so are unlikely to generate the same level of activity as hot food takeaways which rely on a much higher frequency of comings and goings. In any case the additional opening hours are unlikely to significantly add to the existing level of general activity in the area to the extent that it will significantly and harmfully increase noise. The site is located on a main route through Rhos (and on a bus route) where a number of other nearby businesses open during the evenings. These include:

i) Chinese takeaway: 12am closing time; ii) the Coop: 8am to 10pm; iii) the Spar: 7am - 11pm Monday to Saturday and 7am to 10.30pm on

Sunday. Taking the above into account, it is highly likely that there will be passing traffic (both vehicular and pedestrian) and therefore associated noise at times later in the evenings than the current closing times of the cafe. I note concern has been expressed about food odour. The applicant submitted details of extraction and odour control equipment with the original planning application and a condition attached to the planning permission required their installation before the café commenced operation and their retention thereafter. The applicant has confirmed that the equipment has been installed. No complaints have been made to Public Protection about the operation of the café and of the two representations received, only 1 of the objectors raised odour as an issue. Furthermore objections have not been received from the occupiers of the two other flats in Berlin House suggesting that the operation of the business is not generating significant odour issues.

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Provided the extraction equipment originally approved is retained and maintained (in accordance with the planning condition) then the proposed opening hours should not give rise to significant odour issues. A condition requiring the provision and permanent retention of this equipment will be attached to this permission. The location of the site in a mixed use nature of the area and the proximity to dwellings and flats is comparable to 26 West View Chirk for which planning permission for a hot food takeaway was recently granted planning permission on appeal in (reference P/2011/0684). In that particular case the Planning Inspector felt that as the site was close to a taxi office and another hot food takeaway which both operated in the evenings the general a degree of activity in the locality would already be higher than that which would be expected in a purely residential area. He concluded that impact of the additional takeaway would not be harmful subject to conditions restricting opening times until 10pm and requiring the provision of odour control/extraction equipment. Notwithstanding the above the application site is located in a district shopping centre which is a notable difference to 26 West View. Whilst district shopping centres are intended to be a focus for retail and leisure developments policy S5 allows for other uses provided they do not harm their vitality and viability. In my opinion cafes are a use that can assist in achieving this objective by providing a reason for people to visit the district centre and by adding to its overall attractiveness to local residents by adding the range of uses/services on offer. I appreciate that there are already a number of A3 uses within the district centre however they primarily operate as takeaways and therefore cater for a different market than a café. The existing opening hours do not enable the premises to fully contribute towards the vitality and viability of the district shopping centre. The premises will in fact be ‘dead frontage’ for a significant part of the day which is actually harmful to vitality and viability. As such the extended opening hours will be beneficial to the vitality and viability of the district shopping centre by allowing visitors to it to access a wider range of facilities for longer periods during the day and evening. Parking: Allowing the sale of hot drinks for consumption off the premises is unlikely to give rise to significantly more car borne trade in the same way as if hot food were also allowed to be sold. The lack of short stay parking in the locality is however a valid reason to retain restrictions on the sale of hot food for consumption off the premises. Whilst the hours of operation were imposed in order to limit amenity rather than highway, the extended hours are unlikely to cause or add to parking issues in the locality. The later opening hours coincide with times when some businesses located on Market Street have closed and therefore when demand for parking will have reduced. A café is also less likely to be reliant on car borne trade that a hot food takeaway. The site is also well located to be accessed from surrounding residential areas on food and by bus. I also note

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Highways have not expressed any concern about the extended opening hours. Other Matters: The provision of customer toilets is not a planning policy requirement. The stepped entrance to the building is unlikely to cause any greater difficulties if the hours of operation are extended. I acknowledge that the pavement immediately outside of the site is narrow (around 1m wide) however this is comparable to the width of the pavements along most of Market Street. Market Street is well lit by street lights and traffic speeds are generally slow and I am unaware that the operation of other commercial premises later in the evening has given rise to any significant highway or pedestrian safety issues. The Community Council has expressed concern that neighbours were not notified. Whilst it may be advisable to do so, applicants are not required to publicise their proposals in advance of submitted a formal planning application. The application has been subject to the required statutory publicity and the receipt of representations confirms that those living nearest the site are aware of the proposals Conclusion: Extended opening hours and the sale of hot drinks for takeaway are unlikely to give rise to significant or unacceptable additional impacts upon amenity or result in traffic/highway problems. The proposals are also likely to contribute towards the vitality and viability of the district shopping centre. As such the application accords with policies GDP1 and S5. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The premises shall not be used for any purpose within Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), other than as a restaurant/cafe. For the avoidance of doubt, no hot food shall be sold for consumption off the premises. 2. No use of the premises shall be made other than between the following hours: 08:30 - 20:00 on any week day and on Saturdays; and 11:00 - 15:00 on Sundays. 3. No use of the premises for sale of hot food shall take place until/unless the extraction equipment shown on plans approved on 18 May 2011 in conjunction with planning permission code no. P/2011/0247 has been installed and made operational. Once installed the equipment shall thereafter be permenantly retained. 4. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by

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more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. REASON(S) 1. In the interests of highway safety due to a lack of short stay parking in the locality. 2. To protect the amenities of the occupiers of nearby properties. 3. To protect the amenities of the occupiers of nearby properties. 4. 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 which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by

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each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. 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 Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com _____________________________________________________________________

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APPLICATION NO: LOCATION: P/2012 /0474 RIDLEY WOOD FARM HOLT ROAD

RIDLEY WOOD WREXHAM

DATE RECEIVED: 02/07/2012

LL13 9YA

COMMUNITY: CASE OFFICER: DESCRIPTION: Holt GENERAL AGRICULTURAL BUILDING OVER FORMER SILAGE CLAMP

JS WARD: AGENT NAME: Holt MICHAEL CLARK

APPLICANT(S) NAME: H ROUTE & SONS

_____________________________________________________________________ THE SITE The site is on west side of B5130, and comprises the farm known as Ridley Wood.

Application Site

PROPOSAL As above. The agricultural building measures 18.5m wide, 30.6m long and 7.3m high to central ridge line.

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HISTORY P/2005/1450 Conversion of redundant farm buildings to

2 no. residential properties Refused 2/2/2006

P/2006/1164 Conversion of farm building to 2 no. farm workers cottages

Granted 15/11/2006

DEVELOPMENT PLAN Outside the settlement limits. Policies PS2, GDP1 and EC3 of UDP are relevant CONSULTATIONS Community Council: Objects, the building seems very large. Local Member(s): Notified Welsh Water: No public sewers in the area Environment Agency: Standard advice applies. Highways: Site is located on B5130, and vehicle speeds are typically 50mph from the south and 40mph from the north, and therefore splays of 2.4m x 160m and 120m would normally be required for the development. The existing southern access is 6.5m wide, and it has visibility splays of 2.4m x 100m (south) and 2.4m x 105m. The existing northern access is 4.5m wide and the splays are about 2.4m x 120m (south) and 2.4m x 105m (north). Extra traffic would not be supported, however the proposed is unlikely to result in any significant increase in vehicle movements. No recommendation is made on highway grounds. Supplementary notes are relevant. Public Protection: Include advice note Site Notice: Expired 25.7.12 Other representations: 4 neighbours notified 4.7.12 SPECIAL CONSIDERATIONS Visual Impact: The building will be constructed with a typical block wall and Yorkshire boarding, with fibre sheeting as the roof. The building will utilise the former footprint (area) of a former silage clamp, and it is centrally located to the farmstead, and it will give good access for its use. The building will be used to provide storage for dry storage, bulk feed, implements and general agricultural usage. Based upon the location of the building, the size of the new agricultural building will not visually harm the area. It will be located immediately adjacent

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to the existing farmstead, set behind the existing buildings when viewed from the road, and an existing farm building already nearly extends as far back as the proposed building, and therefore its appearance will be less obvious, although the roof may appear a bit more noticeable in the local area until the material weathers to a darker colour, similar to some of the other buildings on site. Conclusion: Although the building will have some visual impact, these impacts are acceptable given the established farmstead. Accordingly the proposal complies with adopted policies of the UDP. 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 building shall only be used for agricultural purposes as defined by Section 336 of the Town and Country Planning Act 1990. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To control the nature and intensity of the use in the interests of the 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. _____________________________________________________________________

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APPLICATION NO: LOCATION: P/2012 /0478 28 PEN Y GRAIG ROAD BRYMBO

WREXHAM

DATE RECEIVED: 03/07/2012

LL11 5AE

COMMUNITY: CASE OFFICER: DESCRIPTION: Brymbo PF LOWERING OF KERB FOR DRIVEWAY ACCESS

WARD: AGENT NAME: APPLICANT(S) NAME: Brymbo MISS CATHY HUGHES MISS CATHY HUGHES

_____________________________________________________________________ THE SITE

PROPOSAL The proposal is for the creation of an access by the lowering of the kerbstones. Pen y Graig Road is a C classified highway subject to a 30mph speed restriction.

Access position

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HISTORY None. DEVELOPMENT PLAN The site is within settlement. Policies PS2, GDP1 and T8 refer. Local Planning Guidance Note 16 – Parking Standards is also relevant. CONSULTATIONS Community Council: 04.07.2012 Local Member: Request that the application is presented to the

Planning Committee for consideration. Site Notice: Expired 01.08.2012 Highways: Object on the grounds of inadequate forward

visibility or the provision or a turning area. Other Representations: 6 neighbouring occupiers notified. SPECIAL CONSIDERATIONS Highway safety: The application site is located on a classified highway which is subject to a 30mph speed limit although vehicular speed is considered to be no more than 25 mph. Welsh Government guidelines recommend visibility splays measuring 2.4 metres by 33 metres in both directions. Visibility from the proposed access to the site has been surveyed at 2.4 metres by 6 metres in a southerly direction and 2.4 metres by 20 metres to the north. The council currently requires that vehicular accesses onto classified highways should provide for an off road turning facility within the site curtilage. This would not be possible in this case and for the reasons identified it is considered that the proposal would be detrimental to highway safety. Conclusion: On the grounds that the proposal does not provide for adequate visibility from the site and with no provision for a vehicle to enter and exit the site in a forward gear I recommend accordingly. RECOMMENDATION: That permission be REFUSED REASON(S) 1. The vehicular access as proposed does not provide for sufficient forward visibility nor does it allow for the access and egress of motor vehicles in a forward gear onto a classified highway. To allow the development to occur would result in a danger to highway users and pedestrians contrary to policy GDP1 of the Wrexham Unitary Development Plan. _____________________________________________________________________

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APPLICATION NO: P/2012 /0544 COMMUNITY: Rossett WARD: Rossett

LOCATION: 1 TO 3 BARNEFELDE COTTAGES BARNEFELDE LANE BURTON WREXHAM

DATE RECEIVED: 25/07/2012 CASE OFFICER: LL12 0HY

DESCRIPTION: EXTENSION TO DWELLING

PF

AGENT NAME: APPLICANT(S) NAME: MR P KENT MR P KENT

_____________________________________________________________________ THE SITE

Tree referred to

SITE - greyed out area denotes extension footprint

PROPOSAL The proposal is to add several extensions at two storey level to facilitate a modernisation of the existing dwelling which originally consisted of two separate very small dwellings. In summary, the extensions consist of:

the removal of a small single storey scullery to the northern elevation and replacement with a two storey extension on a similar footprint;

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a two storey extension to the southern elevation wrapping around the to the rear (west) elevation; and

the erection of a garage to the southern portion of the extensions. HISTORY None. DEVELOPMENT PLAN The site is within settlement. Policies PS2, GDP1, EC4 and T8 refer. Local Planning Guidance Note 16 – Parking Standards, 17 – Trees and Development and 20 – House Extensions are also relevant. CONSULTATIONS Community Council: Consulted 27.07.2012 Local Member: Notified 27.07.2012 Site Notice: Expired 20.08.2012 Highways: No representations as accessed along a private

drive. Advise that fire authority be consulted regarding erection of wall and potential blockage of fire appliance access.

Welsh Water: Unrecorded apparatus may lie within the site. North Wales Fire Service: Consulted 24.08.2012 Other Representations: 5 neighbouring occupiers notified. 4 responses

received raising the following points: Concerns about the capacity of the drainage in

the area which should be improved as part of this proposal;

The access along Barnefelde Lane is narrow, any works through the implementation of the extension or the overall finished scheme may cause access problems in the future;

The extension will result in a large window overlooking the neighbouring property impacting upon privacy;

The proposed structure appears very modern and will make for a crowded feel within the site dominating this small enclave;

Disruption may be caused during building work; The works may cause visibility problems on the

narrow track and the works may impact upon existing mature trees.

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SPECIAL CONSIDERATIONS Design and amenity: The property as existing has resulted by the amalgamation of two small cottages. The proposal seeks to make additions and alterations to link the historical layout together into a modern layout. The property falls within a defined settlement therefore there is no guidance on a size increase limit provided that the proposals are acceptable in terms of the council’s general development principles. I consider that the proposed extensions have been sympathetically designed in order to respect the character and appearance of the existing dwelling. The two side extensions have been proposed in order that the form of the original dwelling can be interpreted. I am also satisfied that the layout of the scheme will not result in a detrimental impact upon the amenity enjoyed by the existing neighbouring occupiers. The rear elevation of the dwelling subject to this application directly faces the side elevation of No. 4 Barnefelde Lane, however there are no proposed or existing habitable window openings causing an issue in this instance. Suitable restrictive conditions would be required. The large window proposed on the western elevation is to serve a landing area which is not considered to be a habitable room. A large tree of significant amenity value is located on the adjacent field boundary outside the control of the applicant. I have requested the submission of an Arboricultural Implications Assessment and Method Statement to detail the potential development impact upon this tree and protective measures required. It is clear that at the very minimum, pruning works will be required. Access: Access to the dwelling is made from a private drive potentially serving another 5 dwellings. The applicant proposes to remove the existing scullery to the northern elevation and replace with a two storey extension. However, it is evident that the footprint of this replacement extension will project less that the existing and will not encroach upon this access track. The applicant has submitted an amended plan detailing the deletion of a dwarf wall on the boundary with the private track. Whilst the erection of this wall would be permitted development if less than 1 metre in height I recommend an informative with any approval reminding the applicant of the importance of retaining clear access for emergency vehicles to the additional properties along this track. I am satisfied that the proposed scheme will not cause any significant issues in terms of forward visibility on the track as the extension is on the same footprint as the existing part of the dwelling on the northern part of the site. Any issues with regards to construction traffic are unlikely to cause a long term hazard. Other matters: The additional loading on a sewage system as a result of a householder proposal is not a matter that can be considered as part of this application and ultimately will be a matter to be considered privately between interested parties and under the Building Regulations.

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Conclusion: I am satisfied that the proposal is acceptable in terms of its visual appearance and the limited impact upon the amenity of the neighbouring occupiers. Subject to a satisfactory arboricultural report, I recommend accordingly. RECOMMENDATION That the Head of Community Wellbeing and Development be given delegated authority to grant planning permission subject to the following conditions and any others which he deems necessary upon the satisfactory receipt of the arboricultural information demonstrating that the development will not have a detrimental impact upon the health and wellbeing of the adjacent tree. CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. 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 extension facing No. 4 Barnefelde Cottages. 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 the adjoining dwelling. NOTE(S) TO APPLICANT The applicant is advised that the erection of any boundary treatments adjacent to the private driveway may cause an obstruction in the access of any large vehicles. This may be particularly the case with emergency vehicles. The applicant is urged to seek further advice on this matter prior to the erection of additional boundary treatments. 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

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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. 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. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by

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each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. 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 Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com You are advised that the planning permission hereby granted does not authorise any building over, diversion, connection or other interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, PO Box 10, Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any groundwork in connection with the development. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice with regard to the submission of amended plans and / or a new planning application. _____________________________________________________________________

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APPLICATION NO: LOCATION: P/2012 /0557 UNIT 29 THE BRIDGEWAY CENTRE

BRIDGE ROAD WREXHAM INDUSTRIAL ESTATE WREXHAM

DATE RECEIVED: 01/08/2012

COMMUNITY: CASE OFFICER: LL13 9QS

Abenbury MP DESCRIPTION: CHANGE OF USE FROM OFFICE AND ESTATE AGENTS TO CAFE (A3)

WARD: AGENT NAME: Holt MR NICK GARNELL

APPLICANT(S) NAME: MR NICK GARNELL

_____________________________________________________________________ THE SITE As above.

PROPOSAL As above.

Existing café

Application site

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HISTORY No recent history. DEVELOPMENT PLAN With settlement. Policies GDP1 and T8 apply. Local Planning Guidance Note 9 Hot Food Takeaways is also relevant. CONSULTATIONS Community Council: Happy with the application. Local Member: Notified 1.8.12 Public Protection: Recommend a condition requiring extraction/odour

control equipment and a condition limiting the noise levels generated by that equipment.

Highways: Have the following comments: - Visibility to north east needs improving by way

of removal/reduction in height of an existing hedge;

- A maximum of 20 parking spaces required, however a number of customers may walk to the site rather than arrive by car;

- Only appears to be 14 spaces immediately fronting the premises. Understand at least 10 additional spaces are also available;

- Recommend that the applicant provide a plan indicating the proposed available parking spaces and details of the proposed directional signage;

- No objections - Recommend conditions regarding visibility

splays and plans of parking provision. Welsh Water: Advise a public sewer crosses the site as well as

recommends drainage conditions. Site Notice: Expired 30.8.12 Other Representations: 1 letter of objection expressing the following

concerns: - there is a large café/diner only 2 doors away

and has been for about 20 years; - the diner has already seen a drop in trade due

to the number of other food suppliers and mobile burger cans given permission to trade on the estate;

- it would be a poor business decision to grant permission.

1 petition with 293 signatures objecting to the application for the following reasons: - adverse impact upon the existing café nearby;

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- the business would not be able to survive with

competitors nearby; - this development is causing a lot of stress; - not in the interests of local businesses to allow

this change of use. SPECIAL CONSIDERATIONS Policy: There are no specific policies dealing with new A3 uses and LPG9 provides no specific guidance on cafes and takeaways within industrial estates. It is therefore only possible to consider the development in light of the requirements of policy GDP1 for convenient pedestrian and vehicular access to the site and to ensure the amenity of the public is protected. The requirement of policy T8 to provide parking spaces accordance with the Council’s adopted standards is also relevant. Amenity: There are no residential properties immediately adjacent to or close to the application site and as such there is no significant risk of the development harming residential amenity. Provided adequate extraction equipment is installed the odours from food preparation are unlikely to prove distracting/disruptive to staff occupying other nearby business premises. Parking and access: The parking allocated specifically for the use of Unit 29 is below the LPG16 maximum however the site is located within walking distance of a large number of industrial units and as such it is likely that not all customers will travel to the site by car. I also understand that there are parking spaces within the Bridgeway Centre that are not specifically allocated for use by individual units and therefore could be used by customers if required. As such I am satisfied that it is unnecessary to insist upon the maximum parking provision in this instance. I note that Highways have requested details of signage to direct customers to overspill car parking areas; however I consider it unnecessary to insist upon this signage. The customers of the café are likely to be staff employed by nearby businesses that will be familiar with the location of parking areas close to the site. Highways have also requested a condition requiring a plan of the parking allocated for use by the development. No new parking areas are proposed, there is a parking area immediately in front of the premises and all other parking areas within the Bridgeway Centre are also laid out and clearly defined. As such I believe this condition is unnecessary. The access arrangements to the site from Bridge Road are generally acceptable although achieving adequate visibility to the north-east is dependant upon the removal/reduction in height of an existing hedge. The applicant has confirmed that these works will be carried out by the landlord

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prior to the proposed use commencing. These works will be required by condition. Response to representations: UDP policies do not place any specific limit on the number of A3 uses that will be acceptable in a given area outside of the principle or secondary shopping streets of Wrexham town centre. I do not believe the cumulative impact of having two such uses nearby will be harmful in terms of amenity or parking. I also believe it is entirely appropriate to accommodate this type of use on the Wrexham Industrial Estate. Cafes/takeaways can provide a valuable service to the staff of nearby business premises and contribute towards the attractiveness and viability of the wider industrial estate. It is not the role of the planning system to regulate competition between businesses and therefore the potential impact this development will have on an existing café would not be a valid reason to refuse planning permission. Other Matters: Welsh Water has advised that there is a sewer crossing the site and that no development should take place within 3m of its centre line. The proposed development only involves a change of use so I am satisfied that there is no risk to the integrity of the sewer. Conclusion: I am satisfied that the development accords with policies GDP1 and T8. 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 details of the means of ventilation for the extraction and dispersal of cooking smells, including details of its method of construction, odour control measures, its appearance and finish have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to first use of the development and shall thereafter be permanently retained in an effective condition. 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 the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 4. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 33 metres to the north east and 2.4 metres x 43 metres to the south west 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

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highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 5. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 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. 4. To ensure that adequate visibility is provided at the proposed point of access to the highway. 5. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 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 grease traps are required on all catering waste to prevent entry into the public sewer system of matter likely to be prejudicial to its effective operation. _____________________________________________________________________

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0560 ENGADINE PENYCAE ROAD

RUABON WREXHAM 03/08/2012

LL14 6RH

COMMUNITY: CASE OFFICER: DESCRIPTION: Ruabon PF TWO STOREY EXTENSION TO REAR AND INTERNAL ALTERATIONS

WARD: AGENT NAME:

Ruabon MR M PRYDE APPLICANT(S) NAME: MR M PRYDE

_____________________________________________________________________ THE SITE

Footprint of extension

Position of neighbouring window referred to

PROPOSAL The proposal is to make a significant extension to the rear of the dwelling to an enlarged kitchen area at ground floor level and an additional bedroom and improved WC facilities at first floor level. The proposal would include the increase in the ridge height of the dwelling by 1.6 metres.

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HISTORY None. DEVELOPMENT PLAN The site is outside any defined settlement and within a Green Barrier. Policies PS2, GDP1, T8 and EC1 refer. Local Planning Guidance Notes 13 - Housing in the Countryside, 16 – Parking Standards and 20 – House Extensions are also relevant. CONSULTATIONS Community Council: Consulted 03.08.2012 Local Member: Notified 03.08.2012 Site Notice: Expired 28.08.2012 Welsh Water: Advise of potential sewage apparatus within

curtilage. Other Representations: 2 neighbouring occupiers notified. One

representation received raising the following points:

The extension will have an impact upon the existing natural daylight reaching the side facing kitchen window to the neighbouring dwelling; and

The increase in roof height would be preferable if the gable ran north to south not east to west.

SPECIAL CONSIDERATIONS Design: The dwelling sits in an isolated group of five properties fronting on to Penycae Road, all of which are unique in there design as a collective. Because of its open countryside location special regard must be had to the size of extensions and the potential impact that this could have upon the open character of the landscape in accordance with LPG13. I acknowledge that the proposed extensions would result in an increase in floor area of 75%, well above the one third stated in the relevant guidance. However, I have special regard to the quality of the design of the scheme and the relatively small scale changes when viewed from the site frontage. The only visible alteration from the site frontage would be the increase in ridge height. The retention of front facing gable means that an original element of the dwelling frontage is retained. The increase in ridge height is to allow for a single gable to be retained front to back to incorporate the new extension. Given that the neighbouring dwellings are of differing designs and although the new ridge height would be marginally in excess of these properties I do not consider that the proposed extension would cause significant harm to the character of the dwelling or the wider street scene.

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Montage photograph from site frontage (existing)

Amenity: The main issue to consider is the potential impact upon the amenity of the neighbouring dwelling to the west by way of loss of natural daylight to a side facing kitchen window. I have taken to opportunity view the site from within the neighbouring property and I am aware that there is a further opening within the affected kitchen which is now access to a conservatory. With this in mind, I consider that the additional source of light to this kitchen area and the favourable angle that the application dwelling sits against the neighbouring dwelling means that, as a result of the proposed extension, I do not consider that daylight levels to this kitchen area will be reduced to detrimental levels. BRE standards are satisfied. A floor to ceiling window is proposed on the eastern elevation of the proposed extension serving a kitchen diner. This would face the side elevation of the neighbouring dwelling, but separated by a 16.5 metre gap and a mature boundary hedge. On this basis I consider that a suitable condition to retain the existing boundary treatment would suffice to protect the amenity of both parties. Conclusion: I am satisfied that the proposed extension would not cause significant harm to the character of the group of dwellings or the wider landscape character. Following careful consideration, the impact upon the amenity of the neighbouring occupiers is considered acceptable. I therefore 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. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. The existing hedges along the south eastern boundaries shall be permanently retained and shall not be cut down, grubbed out or otherwise

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removed or topped or lopped so that the height falls below 1.8 metres at any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved in writing by the Local Planning Authority. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of the adjoining dwelling. 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. 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. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

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· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. 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 Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com _____________________________________________________________________

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APPLICATION NO: P/2012 /0561 COMMUNITY: Rhos WARD: Johnstown

LOCATION: NEW FOUNDRY BUILDINGS GUTTER HILL JOHNSTOWN WREXHAM LL14 1LT DESCRIPTION: CHANGE OF USE OF NEW FOUNDRY BUILDINGS FROM OFFICES (CLASS B1) TO 12 RESIDENTIAL APARTMENTS (CLASS C3) TOGETHER WITH ASSOCIATED EXTERNAL AND INTERNAL ALTERATIONS, LANDSCAPE WORKS AND OTHER ANCILLARY WORKS APPLICANT(S) NAME: WATKIN JONES & SON LTD DIRECTORS PENSION SCHEME

DATE RECEIVED: 02/08/2012 CASE OFFICER: JS AGENT NAME: WATKIN JONES GROUPMR IAIN SMITH

_____________________________________________________________________ THE SITE The site is located on the south side of Gutter Hill. It is occupied with a two storey building (864 square metres), and parking for 49 cars. 16 spaces are dedicated for general public usage in connection with the adjacent park – the Stryt Las Country Park. The park area has both SSSI and SAC designations.

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Application Site

PROPOSAL As above. The scheme includes 4 x 1 bed units and 8 x 2 bed units. Vehicle and cycle parking is provided, and a communal outdoor amenity area with a drying area and refuse facilities. HISTORY P/2007/1379 Change of used of building (part) to veterinary centre. Granted P/2010/0326 Change of use of ground floor offices (class B1) to a convenience store with a maximum sales area of 300 square metres plus storage and ancillary areas. Refused 13.6.10 P/2010/0745 Resubmission of planning application for the change of use of ground floor offices (Class B1) to a convenience store with a maximum sales area of 300 square metres plus storage and ancillary areas, together with associated landscape amendments. Granted 1.11.10 DEVELOPMENT PLAN Within the settlement limits as defined in Wrexham UDP. Policies PS2, GDP1, GDP2, EC6 and T8 refer. A small part of the site is within the SSSI and SAC.

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CONSULTATIONS Community Council: Consulted Local Member(s): Notified Environment Agency: No objection in principle. Site is surrounded by a SAC and CCW should be consulted. The impact of artificial lighting should be examined. Highways: Access is located within 30 mph speed limit, and visibility at access is concurrent with Welsh Government guidelines. LPGN 16 recommends a maximum of 22 spaces for C3 use, and the plans indicate 21 spaces. Given the proximity of the site to a bus route and village centre, it is considered that parking proposals are adequate. 16 spaces for public use in relation to the Stryt Las are also shown, and these will be retained. The scheme provides adequate room for a refuse vehicle to turn and improved pedestrian links will be provided to Gutter Hill. The use will generate fewer traffic movements than its permitted uses. Conditions are required. CCW: No objection is raised, although this comment is made without prejudice of any formal assessment. The site is within and adjacent to a SSSI and SAC, and proposal may have implications and therefore a test of likely significant effects under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 is required. The submitted proposals should ensure the long term integrity and functionality of the SAC, but planning conditions and obligations will be required to ensure implementation of these measures. The development can only proceed with a licence issued by Welsh Government. The proposed amphibian mitigation and conservation proposals should be delivered if permission is granted. Birds may also be affected by the proposal and this should be examined as part of the application. Public Protection: The development is located on the site of a former railway yard and possibly a gas works. Therefore conditions are required to consider potential contamination issues even those these were not requested before. Press Notice: Expired 14.9.12 Site Notice: Expired 6.9.12 Other Representations: 16 neighbours notified, and one response received raising the following:

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The scheme should not allow partial implementation of the earlier permission (P/2010/0326)

Trees are adjacent to the site, and work should not affect these items

The apartments are small. The flats will need to access along a single

corridor/staircase. Would a fire and safety assessment be carried out?

The bin area is on the wrong side of the building, and should be where the bike storage area is located. This would make bin collection easier, and vehicular access would not be blocked.

SPECIAL CONSIDERATIONS Policy: No objections to this change of use subject to the proposed scheme satisfying Policy GDP1. Sustainability: Since this proposal involves a change of use of an existing building, it is noted that the usual requirement for all new dwellings to meet Code 3 under the Code for Sustainable Homes is not mandatory. However the application indicates that there is an intention to improve the environmental performance of the building to achieve code 3, and therefore this commitment is worthwhile aspect of the proposed change of use. Ecology/Nature Interests: The scheme verifies that some habitat gains and losses will be necessary in order to enable the change of use. Some of these impacts will be permanent, and some will not be so permanent, and some impacts are direct or indirect. The impacts have been considered as part of the submitted ecology report, and an Appropriate Assessment under Regulation 61 of the habitat and species regulations, and this is just subject to CCW’s formal consideration. The outcome will be reported in the addendum. In general CCW are supportive of the use subject to suitable controls. The main positive impact for the scheme will be the removal of part of the existing car park area to form a new amenity grassland area, together with enhancements of existing habitat areas. Indirect impacts are less easy to evaluate but it is likely that some public pressure will be generated in terms of disturbance to habitats and introduction of invasive species or disease. It is confirmed that the current office building can accommodate 120 persons if fully utilised, and the 12 residential units may allow accommodation for 36 persons (plus visitors). Therefore pedestrian access to the SAC could be less, and the new communal gardens will help control the introduction of

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invasive species. However some residents may wish to have pets, and additional pathways etc, and therefore management measures are required proposed to ensure that the conservation objectives of the SAC are maintained. Special mitigation features will be introduced, and a sum of money will be paid to a local wildlife charity as approved by CCW and this will be paid before the dwellings are occupied. Although commuted sums are normally secured through a Section 106 legal agreement, in this instance the money will need to be paid as part of the licence. However to ensure that this is incorporated as part of the development, the need to implement the mitigation measures need to be controlled by planning condition, and this would allow confirmation that the money has been paid. Amenity impact: The scheme will have very limited impact for nearby residents. There are however, some concerns about position of the new refuse bin area, as residents of the scheme will need to walk close to ground floor habitable windows, and the use of the area may cause some noise or disturbance to those occupants. It is noted that this area is immediately adjacent to 2 ground floor apartments, and access to the area is tight to their windows. As a result, this matter should be reserved for further consideration, and a condition to control this should be included. Access/Parking: Highways have confirmed that the scale of use will have less highway implication than the authorised use of the site, and therefore the proposal does not raise any access and parking issues. The reduced parking area is consistent for the scale of use, and the site is close to bus services to the wider community and services. The proposed position of the refuse collection area does not cause any highway issues. The refuse lorry will be able to turn within the site clear of the classified highway, and there should be room for cars to get pass the lorry whilst it is temporarily stopped within the internal access road. However, any minor blocking of the access road would not be significant issue. Neighbour concerns: Although the application of P/2010/0326 is mentioned by the neighbour, the permission granting the retail use is P/2010/0745. If the current proposal is implemented then the retail use cannot be commenced. No trees are directly affected by the proposed use, although it is noted that there are some significant trees near to the site, and these are protected by a Tree Preservation Order. The new ecological mitigation works near these trees are limited, and it is noted that the works are within the grassed area between an existing pathway (which runs along the western edge of the site) and the building. Fire safety is a matter for Building Regulation approval, and based upon the layout, it appears no separate means of access (or external staircase) is

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required, although some internal alterations might be required to provide suitable fire protection. School Contributions: It is understood that there is a requirement for a primary school shortfall POS: On site public open space is usually required for new housing schemes in excess of 10 dwellings. The proposal is however a conversion scheme rather than a new development, and it is immediately adjacent to an existing public open space area. Under some circumstances it could be appropriate for a commuted sum to be considered to help ensure that those adjacent areas are maintained. It is further noted that the proposal does not include any on site private amenity areas, and the occupants will share an amenity area of 206 square metres. This area is greater than the 120 square metres required to meet LPG 21: Space around Dwellings, i.e. 10 square metres per apartment/flat. It is also likely that the on-site communal amenity area will adopt a semi public role, and the scale of the accommodation will place less pressure on the adjacent public open space areas. As a result, I do not consider that a commuted sum for POS is justified in this instance. Conclusion: The scheme provides a suitable alternative use for this existing building within the settlement area, which over the years has struggled to maintain full occupancy. RECOMMENDATION A That the Council enters in an Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 requiring the payment of £15,680 as a developer’s contribution for the shortfall in primary educational facilities for eight two bed apartments. The final form and content of the agreement shall be determined by the Head of Community Wellbeing and Development. RECOMMENDATION B Subject to the completion of the Section 106 obligation, planning permission be GRANTED subject to the following: P/2012 /0561 CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The mitigation measures as included in section 4.0 of the submitted Assessment of the Potential Direct and Indirect Impacts on the Johnstown SAC - report ref: TEP 3484.001 Version 3.0 dated July 2012 shall be fully implemented as part of the development hereby approved. Evidence that

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these implementation measures has been fully complied with, together with the payment of the commuted sum to an appropriate wildlife organisation, shall be submitted to and approved by the Local Planning Authority before the apartments are first occupied. 3. Notwithstanding the approved plans, further details regarding the design and position of refuse and waste disposal for the use shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be fully implemented before the use is first implemented, and thereafter maintained for those purposes. 4. 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. 5. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 4 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 7. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. 4080-06. 8. A scheme of details for all external lighting to the building and the car park and amenity area shall be submitted to and approved by the Local Planning Authority before it is first introduced at the site. 9. The alterations to reduce the size of the existing car park area as shown on the approved plan shall be completed before the residential use first commences, and thereafter this parking area shall be retained for use by the development. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect nature conservation interests within and adjacent to the site. 3. To protect the amenities of residents and to ensure that the refuse and recycling facilities are provided which are suitable for the scale of use. 4. In the interests of the amenities of the future occupants of the buildings 5. In the interests of the amenities of the future occupants of the buildings 6. To protect the amenities of the occupiers of nearby properties. 7. In the interests of highway safety. 8. To ensure that the scheme does not prejudice wildlife interests of the site.

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9. To ensure that car parking does not exceed adopted maximum parking standards, and in the interests of maintaining an appropriate level of off street parking for the type of use NOTE(S) TO APPLICANT You are advised that the works to the Special Area of Conservation will require a separate licence from Welsh Government, and you are advised to contact Countryside Council for Wales regarding the content of this submission. You are advised that the Local Planning Authority will require evidence that the commuted sum to be paid to an appropriate conservation organisation before any of the apartments are first occupied, in line with condition 2 above. Therefore details of that organisation should be submitted to the Local Planning Authority to allow this information to be verified as part of the condition. 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. Further advice on compliance with condition no. 4 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. 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

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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. 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 this grant of planning permission was made following the completion of an Agreement under Section 106 of the Town and Country Planning Act. Before undertaking any work under this permission you are advised to obtain full details of the Agreement and ensure that you are able to comply with its terms. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: · Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional

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hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips. Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. 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 Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com The site is adjacent to footways, and the applicant should ensure that the footways are not interfered with. Further guidance can be obtained by contacting the Council's Rights of Way Officer. You are advised that the S106 will be subject to an administration charge in addition to the commuted sum to be paid. Based upon current guidelines the cost of this is 5% of the value of the commuted sum, to be paid on signing the agreement. _____________________________________________________________________

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0571 22 ALYN DRIVE ROSSETT

WREXHAM 09/08/2012

LL12 0HQ

COMMUNITY: CASE OFFICER: DESCRIPTION: Rossett DEMOLITION OF CONSERVATORY, CONVERSION OF GARAGE AND EXTENSIONS TO DWELLING

PF WARD: AGENT NAME:

Rossett PEAK ARCHITECTURAL APPLICANT(S) NAME: MR PAUL KENT MR MARTIN GLEDHILL

_____________________________________________________________________ THE SITE

Two storey element

Single storey element

PROPOSAL The proposal is to extend at single storey level to the rear of the property replacing an existing conservatory. This element would project a maximum of 3 metres from the rear elevation. A two storey extension is proposed to the side of the dwelling towards the front projecting some 2.5 metres from the side

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elevation. The scheme also includes for the conversion of the existing garage to habitable accommodation. HISTORY None. DEVELOPMENT PLAN The site is within settlement. Policies PS2, GDP1 and T8 refer. Local Planning Guidance Notes 16 – Parking Standards and 20 - House Extensions are also relevant. CONSULTATIONS Community Council: Consulted 14.08.2012 Local Member: Notified 14.08.2012 Site Notice: Expired 05.09.2012 Other Representations: 6 neighbouring occupiers notified. 1

representation received raising the following points: The proposed extension would have a visually

overbearing impact upon the neighbouring property due to its height and proximity to the boundary;

The rear extension will result in a loss of natural daylight and would fail the BRE daylight test in relation to the neighbouring conservatory;

Daylight would lost to the neighbouring conservatory and rear garden area as a result of the two storey extension;

No access would be available around the side of the dwelling resulting in the accumulation of bins etc. at the front;

The overall appearance is out of keeping with the surrounding streetscene, creating a terraced effect;

SPECIAL CONSIDERATIONS Design: The dwelling subject to this application forms a semi detached with the property to the west. The layout of the site means that it sits at an angle with the neighbouring dwelling to the east resulting in the front elevations facing away from each other and has left a wedged shape area to the side elevation where the two storey extension is proposed. This means that the footprint is limited to the front half of this elevation. The two storey element of the proposal has a matching pitched roof design, set lower than the existing dwelling ridge height. Set slightly back from the existing front elevation I am

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satisfied that the extension would not appear incongruous when viewed both directions at the frontage and does not result in a terracing effect. To the rear the single storey extension is proposed to replace an existing conservatory (on the same footprint) and then link with a kitchen extension towards the western boundary. I am satisfied that the proposed extension in terms of its form and use of materials is acceptable. Amenity: There are no side facing windows to the eastern neighbouring dwelling and no side facing windows proposed in the side facing elevations of either of the extensions. I am therefore satisfied that the proposed extensions would not result in a loss of privacy to the neighbouring occupiers of the site. It is worth noting that the proposed extension is replacing a fully open side conservatory adjacent to the eastern boundary. The situation would not be made any worse than at present. The neighbouring dwelling to the west already features a rear extension of similar projection to that proposed. In terms of existing daylight provision, the two storey element of this scheme would block a significant amount of daylight from the gap between the two dwellings. However, the existing conservatory at the neighbouring dwelling is fully open sided and it is not expected that existing rear extensions should rely upon natural daylight from across an existing boundary. I appreciate that due to the layout of the dwellings, the neighbouring side elevation of the this conservatory is skewed towards the application site, however the rear elevation of this neighbouring structure would not be affected by the proposal and I do not consider that the daylight levels will be reduced to the detriment of the occupiers. The single storey rear extension is proposed to be replaced with a blank brick side facing elevation, but the mass of the extension remains the same. The rear face of the neighbouring extension will not be impacted by the proposal and on this basis I am satisfied that all elements of the proposal fully pass the adopted BRE daylight test. Other issues: LPG20 advises that side extensions should allow for a metre wide gap to allow access to the rear of the dwelling. I note that the two storey extension will render external side access impossible, but the ground floor would result in an open access store room to allow for the storage of bins etc. at the rear. I consider this acceptable. The proposal would result in the loss of one vehicle parking space with no increase in the number of bedrooms. This loss of one space would still allow for the provision of 3 vehicle spaces in accordance with LPG16. Conclusion: I am satisfied the proposed extensions would not result in additions to the dwelling that would upset its existing character of the wider street scene character. The proposal is also acceptable in terms of the amenity currently enjoyed by the neighbouring occupiers of the site. As such I recommend accordingly.

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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 facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. 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 extension facing No.20 & No 24 Alyn Drive. 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. 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. 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.

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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/2012 /0598 COMMUNITY: Offa WARD: Offa

LOCATION: 58 PEN Y BRYN WREXHAM LL13 7HY DESCRIPTION: CHANGE OF USE TO HOT FOOD TAKEAWAY APPLICANT(S) NAME: MR IMRAN ASHIQ KRAZY ABOUT PIZZA

DATE RECEIVED: 23/08/2012 CASE OFFICER: MP AGENT NAME: KRAZY ABOUT PIZZA MR IMRAN ASHIQ

_____________________________________________________________________ THE SITE As above.

PROPOSAL As above.

Application site

Boundary of district shopping

centre

On-street parking areas

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HISTORY P/2010/1083 Change of use of ground floor from office to shop (A1 use)

conversion of first floor to living accommodation. Withdrawn. DEVELOPMENT PLAN Within settlement limit and Penybryn District Shopping Centre. Policies GDP1, S5 and T8 apply. Local Planning Guidance Note 9 Hot Food Takeaways is also relevant. CONSULTATIONS Community Council: Agree to change of use providing there is no

parking in front of the property due to the yellow line restrictions. All serving should be done from the rear. As this is a residential area business hours should be restricted to 10pm in line with other similar establishments nearby.

Local Member: Notified 24.8.12 Highways: Have the following comments:

- although there is no parking for the existing shop the proposed development is likely to result in an increased parking demand compared to the existing use;

- takeaways typically involve parking directly outside the premises, which in this case is close to the Pen Y Bryn/Ruthin Road junction. LPG9 considers properties on double yellow lines are unsuitable;

- although there are a number of limited waiting parking spaces in the vicinity of the site, these are intensively used and may not be available or considered convenient to customers visiting the proposed takeaway;

- recommend refusal due to lack of parking. Public Protection: Notified 24.8.12 Site Notice: Expired 21.9.2012 Representations: 1 representation received making the following

comments: - concerned about opening hours and litter.

Would support the application provided these matters were taken into consideration.

8 objections received expressing the following concerns; - traffic/highway safety issues;

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- youths congregating outside and bad

language; - problems with delivery vehicles; - parking problems; - vermin; - no need for another fast food outlet; - litter; - 3 schools close by.

SPECIAL CONSIDERATIONS Policy: There are no specific policies dealing with new A3 uses however policy GDP1 requires all new development to ensure convenient pedestrian and vehicular access to the site and ensure the amenity of the public. Policy T8 requires parking spaces to be provided for development in accordance with the Council’s adopted standards. Local Planning Guidance Note 9 provides guidance on locations where hot food takeaways should not be located and where they may be acceptable. Of direct relevance to this application is the advice that: LPG9 advises that hot food takeaways should not be located within 400 metres of the boundary of a school. However it also advises that hot food takeaways may be acceptable within non-principle shopping streets in the town centre and district shopping centers. No specific guidance is provided where the town centre or district shopping centres lie within 400 metres of schools. Proximity to schools The site is within 400m of 3 primary schools: St Giles Primary School, Poplar Road, St Mary's Catholic School, Lea Road and Victoria School, Poyser Street. However it is also within the Penybryn District Shopping Centre. Several of the district shopping centres within the County Borough are within 400m of primary schools (including Borras, Coedpoeth, Gresford, Rhos and Ruabon) and preventing any takeaways opening in them as a result could be overly restrictive. Whilst LPG9 advises that having additional takeaway outlets near to schools would negate efforts to support the Health Eating and Appetite for Life Programmes, it is doubtful whether refusing permission for this development would have significant impact in terms of limiting children’s access to takeaways. All of the schools referred to above are closer to one or more existing hot food takeaway than they are to the application site: St Giles School 7 takeaways within 400m and 1 within 250 metres

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St Mary’s School 9 takeaways within 400 metres of St Mary’s School including 5 within 250 metres. Victoria School 3 takeaways within 400m of Victoria School including two within 200m. The application site is approximately 300m from all of the schools referred to above. Vitality and viability of the district shopping centre There are currently 2 other hot food takeaways within the Pen y Bryn district shopping centre. Even if this proposal were allowed, hot food takeaways would occupy less than 10% of the total frontage of the district shopping centre. The site is also around 50m from and on the opposite side of the road to one takeaway and around 75 metres from the other. The proposals will not result in an overconcentration of this type of use in within the district shopping centre and it will return a currently vacant unit to beneficial use thus contributing to its vitality and viability. Amenity: Despite being in a district centre and being close to several other commercial premises, including public houses including two public houses, retail premises, a book makers and a launderette there are residential properties directly opposite and to the rear of the application premises. There is also a flat above this application site and another above the adjoining premises. The potential impact of cooking odours on nearby/adjoining residential properties can be adequately controlled via the installation of extraction and odour control measures. This can be required by planning condition. I appreciate that this type of use can generate noise and disturbance in the evenings as a result of customers arriving to pick up orders. However the site is on a main vehicular and pedestrian route to/from Wrexham town centre. The adjoining public house also opens until midnight ever day of the week meaning there will already be a reasonable amount of activity in the immediate vicinity of the site during the evenings. I do not believe the proposals will significantly or harmfully increase the level of this activity to an extent that it will prove harmful to residential amenity. The applicant has proposed opening hours of 4pm to 11:30pm Monday-Saturday and 12pm-11pm on Sundays. These hours accord with LPG9 advice for sites in district shopping centres where there is housing adjacent to or close to the site.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

I appreciate concerns about vermin and litter however both of these matters are outside of the scope of planning control. However, the risk of vermin will be kept to a minimum if provided the site is well run and refuse adequately disposed of. The building has a small curtilage so it should there is an area where sealed bins can be kept. In addition to being outside of the scope of planning control litter is to a large extent outside of the control of the applicant given that the food prepared at the premises will be consumed elsewhere. Any containers the food is served/delivered in will therefore be disposed of off the premises. Parking: I note the concerns expressed by Highways however I doubt that the development will significantly increase demand over and above that of the existing use. LPG16 would allow a maximum of 6 spaces for the existing use. The parking requirements for A3 uses is calculated on the basis of the public floorspace. Proposed floor plans provided by the applicant indicate that there will be a very small public floor area (9 square metres) equating to a parking requirement of 2.25 spaces. Even if the serving area were to double in size, the parking requirement would still only be 5 spaces. I do not consider the plans comparable to the public floor area of many other takeaway businesses in the County Borough. I appreciate that takeaways often rely on a high proportion car borne trade and whilst there are parking restrictions immediately in front of the premises there are 3 on-street parking bays within a short distance of the site providing 11 parking spaces in total. These spaces are well used at all times of the day however there are often 2-3 spaces free – even during the day time when many of the other nearby business premises are open. It would therefore appear that existing short stay parking provision in the immediate vicinity of the site should be able to adequately cater for the development. It is also worth noting that the existing chip shop on the opposite side of Pen Y Bryn opens at 9am and serves takeaway food from 11am until 9pm or (on some days) 10pm and I am unaware of there being any significant highway problems as a result. The site is on a main pedestrian route in/out of town and close to several residential properties. The site is also only a short walking distance to the residential areas that lie to the south of Wrexham town centre. Whilst a lot of takeaway customers will prefer to drive to pick up take away orders by car I believe the site is well placed to ensure that a reasonable proportion of customers will also arrive on foot. Conclusion: I am satisfied that the development accords with policy GDP1.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

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 details of the means of ventilation for the extraction and dispersal of cooking smells, including details of its method of construction, odour control measures, its appearance and finish have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to first use of the development and shall thereafter be permanently retained in an effective condition. 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 the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 4. The use hereby permitted shall not be open to customers outside the hours of 16.00 to 23.30 Monday to Saturday and 12.00 to 23.00 on Sundays. 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. 4. 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. _____________________________________________________________________

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

LIST OF DELEGATED DECISIONS ISSUED

MAE P/2011/0886 LITTLEOAKS BARN OVERTON ROAD PENLEY WREXHAM LL13 0LU

CONVERSION OF FORMER POULTIGGERY TO HOME OFFICE GRANTED

on 30/08/2012 BRN P/2012/0060 MILL HOUSE HIGHER WYCH ROAD

WHITEWELL WREXHAM SY14 7JR CONVERSION OF EXISTING VIDEO STUDIO TO FORM NEW DWELLING AND EXTENSION TO EXISTING HOUSE TO FORM NEW VIDEO STUDIO

WITHDRAWN on 24/08/2012

MAE P/2012/0093 UNIT 2 SOUTH OF WALNUT COTTAGE OVERTON ROAD PENLEY WREXHAM LL13 0LY

CONVERSION OF OUTBUILDINGS TO FORM 1 NO. DWELLING AND ERECTION OF DETACHED GARAGE�(AMENDMENT TO PLANNING PERMISSION P/2006/1015)

GRANTED on 07/09/2012

BRO P/2012/0256 ST PAULS CHURCH BERSE ROAD CAEGO WREXHAM LL11 6SL

CONVERSION OF EXISTING CHAPEL TO SINGLE DWELLING GRANTED

on 07/09/2012 BRO P/2012/0257 ST PAULS CHURCH BERSE ROAD

CAEGO WREXHAM LL11 6SL LISTED BUILDING CONSENT FOR CONVERSION OF EXISTING CHAPEL TO SINGLE DWELLING GRANTED

on 13/09/2012 SES P/2012/0473 REFUSED on 22/08/2012

2 BRIAR CLOSE CROSS LANES WREXHAM LL13 0QB

SELF CONTAINED GRANNY ANNEX

WRO P/2012/0492 GRANTED on 29/08/2012

YALE HOSPITAL CROESNEWYDD ROAD WREXHAM LL13 7YP

CONSERVATORY EXTENSION

HOL P/2012/0500 WITHDRAWN on 22/08/2012

SYCAMORE HOUSE WREXHAM ROAD HOLT WREXHAM LL13 9YU

TWO-STOREY EXTENSION TO SIDE OF PROPERTY, DEMOLITION OF EXISTING DOUBLE GARAGE AND ERECTION OF NEW DOUBLE GARAGE

GWE P/2012/0502 GRANTED on 22/08/2012

CEMETERY PLAS ACTON ROAD PANDY WREXHAM LL11 4RG

VARIATION OF CONDITION 8 OF PLANNING PERMISSION P/2007/1141 TO ALLOW ANNUAL BOREHOLE MONITORING

LLA P/2012/0507 WITHDRAWN on 12/09/2012

UNIT D SCHAPPE BUILDING RACKERY LANE LLAY INDUSTRIAL ESTATE LLAY WREXHAM LL12 0PB

CHANGE OF USE FROM INDUSTRIAL UNIT (B1/B2) TO SPORTS AND LEISURE FOR GYMNASTICS CLUB (D2)

WRR P/2012/0513 GRANTED on 30/08/2012

34 ACTON GATE WREXHAM LL11 2PN

ALTERATIONS AND EXTENSIONS AND IMPROVEMENTS TO DRIVEWAY EXTRANCE TO PROVIDE TURNING AREA.

BRN P/2012/0516 BEFESA SALT SLAGS LTD MERESIDE INDUSTRIAL PARK FENNS BANK ROAD FENNS BANK BRONINGTON WHITCHURCH SY13 3PA

REAR EXTENSION TO HOUSE FILTER SYSTEM GRANTED on 30/08/2012

WRO P/2012/0520 HILLBURY HOUSE 2 HILLBURY ROAD WREXHAM LL13 7ET

PART DEMOLITION AND ERECTION OF SINGLE STOREY EXTENSIONS (CONTAINING THERAPY ROOMS AND 2 NO. EXTRA CARE APARTMENTS) TO EXISTING CHAPEL

GRANTED on 22/08/2012

WRO P/2012/0521 37 ALEXANDRA ROAD WREXHAM LL13 7SL

REPLACEMENT GARAGE GRANTED on 22/08/2012 WRC P/2012/0522 KFC MARKET STREET WREXHAM

LL13 8BY 7 NO. EXTERNALLY ILLUMINATED FASCIA SIGNS, 1 NO. INTERNALLY ILLUMINATED COLONEL SIGN BOX AND 3 NO. INTERNALLY ILLUMINATED INDIVIDUAL WHITE "KFC" LETTERS.� ��

GRANTED on 22/08/2012

WRR P/2012/0526 TY MAELOR 15 - 17 GROSVENOR ROAD WREXHAM LL11 1BW

REMOVE 6 LEYLANDII TREES AND REPLACE WITH HOLLY BUSHES AND A TREE WITH THE SPECIES, STOCK SIZE AND PLANTING LOCATION TO BE AGREED UPON WITH THE LOCAL PLANNING AUTHORITY.

GRANTED on 24/08/2012

GWE P/2012/0532 GLYN VILLA TOP ROAD SUMMERHILL WREXHAM LL11 4TE

LOFT CONVERSION COMPRISING 2 BEDROOMS, FRONT EXTENSION TO INCLUDE ENLARGED LIVING ROOM AND DINING ROOM

REFUSED on 30/08/2012

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

WRA P/2012/0533 63 HOLT ROAD WREXHAM LL13

8NF PROPOSED TWO STOREY EXTENSION

REFUSED on 23/08/2012 LLA P/2012/0534 UNIT 5 DAVY WAY LLAY

INDUSTRIAL ESTATE WREXHAM LL12 0PG

ALTERATIONS TO FRONT ELEVATION GRANTED on 30/08/2012 HOL P/2012/0536 LONG MEADOW HUGMORE LANE

LLANYPWLL WREXHAM LL13 9YE ERECTION OF REPLACEMENT DOUBLE GARAGE WITHDRAWN

on 18/09/2012 WRC P/2012/0538 26 ASHBURN WAY KINGSMILL

WREXHAM LL13 0NP TWO STOREY SIDE EXTENSION TO PROVIDE DAYROOM WITH BEDROOM AND BATHROOM OVER

GRANTED on 07/09/2012 LGC P/2012/0541 PANT Y GRAIG PLAS NANTYR

ROAD GLYN CEIRIOG WREXHAM LL20 7DB

INSTALLATION OF SOLAR PANELS TO ROOF OF PROPERTY GRANTED

on 30/08/2012 BRO P/2012/0546 GATEWEN VILLAGE GATEWEN

ROAD NEW BROUGHTON WREXHAM LL11 6YP

VARIATION OF CONDITION 10 OF P/2008/0790 IN ORDER TO RETAIN ACCESS FOR MAINTENANCE VEHICLES

REFUSED on 07/09/2012 WRO P/2012/0548 GRANTED on 30/08/2012

5 WINDSOR DRIVE WREXHAM LL11 2BD

ERECTION OF SINGLE STOREY REAR AND SIDE EXTENSIONS (IN RETROSPECT)

SES P/2012/0550 GRANTED on 30/08/2012

1 TY MANGRE COTTAGES HOLT ROAD CROSS LANES WREXHAM LL13 0UR

PROPOSED SINGLE STOREY SHOWER ROOM/UTILITY AREA EXTENSION

ERB P/2012/0552 GRANTED on 07/09/2012

EYTON SCHOOL EYTON WREXHAM LL13 0YD

SINGLE STOREY EXTENSION

BRN P/2012/0553 GRANTED on 14/09/2012

THE BEECHES SCHOOL LANE BRONINGTON WREXHAM SY13 3HN

GARDEN ROOM EXTENSION

HOL P/2012/0554 GRANTED on 30/08/2012

1 YEW TREE CLOSE HOLT WREXHAM LL13 9YU

REPLACEMENT ROOF TO CONSERVATORY

ROS P/2012/0555 GRANTED on 30/08/2012

2 TREVALYN COTTAGES ALMERE FERRY ROAD ROSSETT WREXHAM LL12 0BS

RETENTION OF GATES (IN RETROSPECT)

CHI P/2012/0556 26 WEST VIEW CHIRK WREXHAM LL14 5HN

SIGNAGE FOR A3 USE ON FRONT AND SIDE ELEVATIONS GRANTED

on 07/09/2012 WRR P/2012/0558 CURRYS RETAIL LTD UNIT E PLAS

COCH RETAIL PARK WREXHAM LL11 2BA

DISPLAY OF 1 NO. ADDITIONAL INTERNALLY ILLUMINATED BOX SIGN TO FRONT ELEVATION GRANTED

on 30/08/2012 WRO P/2012/0559 13 GREEN PARK WREXHAM LL13

7YE EXTENSION TO BEDROOM OVER GARAGE

GRANTED on 14/09/2012 BAN P/2012/0563 23 FRIARS COURT BANGOR ON

DEE WREXHAM LL13 0AT TWO SINGLE STOREY GROUND FLOOR EXTENSIONS TO PROVIDE TOILET/UTILITY AREA AND DINING ROOM

GRANTED on 07/09/2012 WRO P/2012/0564 31 PENDINAS WREXHAM LL11 3BQ USE OF GARAGE AS KITCHEN REFUSED on 07/09/2012 ove P/2012/0565 NO OBJECTION

DEE BANK WREXHAM ROAD OVERTON WREXHAM LL13 0HG

ERECTION OF 11 KV AND REBUILD AN LV OVERHEAD LINE

on 07/09/2012 LLR P/2012/0566 TAWELFRYN STATION ROAD

TREVOR LLANGOLLEN WREXHAM LL20 7TP

TWO STOREY REAR EXTENSION GRANTED on 07/09/2012 WRR P/2012/0570 1 IVY CLOSE RHOSDDU WREXHAM

LL11 2HE RETENTION OF SHED (RENEWAL OF PLANNING PERMISSION P/2007/1044) GRANTED

on 07/09/2012 ESC P/2012/0572 PLAS GRONO CAFE LTD PLAS

GRONO ROAD RHOSTYLLEN WREXHAM LL14 4EG

CHANGE OF USE OF PART OF BUILDING TO CAFE GRANTED

on 14/09/2012

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 1 October 2012

BRO P/2012/0585 VIEW FIELDS STRYT Y BYDDEN

NEW BROUGHTON WREXHAM LL11 6SN

EXTENSION TO REAR OF GARAGE AND INCREASE IN RIDGE HEIGHT TO CREATE ADDITIONAL STORAGE

GRANTED on 14/09/2012 ESC P/2012/0590 TALWRN NURSERY TALWRN ROAD

RHOSTYLLEN WREXHAM LL14 4ER ERECTION OF MENAGE AREA

GRANTED on 14/09/2012