application no:old.wrexham.gov.uk/minutesdata/planning/reports/hc… · web viewit is also a highly...

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Page No 1 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -– 2 April 2012 Community Code No Applicant Recommendation Page Nos RUA P/ 2011/0688 MRS J PARRATT GRANT 3 - 8 WRO P/ 2011/0884 WORTHINGTON PROPERTIES / CASTLEMEAD GROUP / PREMIER INN HOTELS GRANT 9 - 19 WOR P/ 2011/0927 MR & MRS ALLEN GRANT 20 - 29 ROS P/ 2012/0017 FRE-ENERGY MR C MORRIS GRANT 30 - 45 BRO P/ 2012/0024 OAK HOMES LTD MR DEREK HAWKINS GRANT 46 - 57 WRA P/ 2012/0041 ASDA STORES LTD GRANT 58 - 61 CEF P/ 2012/0080 LLEWELLYN RIDGE LTD MR STEPHEN RIDGE GRANT 62 - 67 WRO P/ 2012/0097 LIDL UK GMBH MR E WHALLEY REFUSE/GRANT 68 - 70 WRR P/ 2012/0102 C/O NEW ROAD BAPTIST CHAPEL MR J ELLIS GRANT 71 - 76 WRR P/ 2012/0105 MRS SHARON GRIFFITHS GRANT 77 - 82 WRA P/ 2012/0107 ASDA STORES GRANT 83 - 85 WRR P/ 2012/0113 MR & MRS M BODEN GRANT 86 - 89 LLR P/ 2012/0118 MR & MRS MICHAEL CUNNAGH GRANT 90 - 93 CEF P/ 2012/0123 CEFN DRUIDS FC MR JOHN DAVIES GRANT 94 - 98

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Page 1: APPLICATION NO:old.wrexham.gov.uk/MinutesData/Planning/Reports/hc… · Web viewIt is also a highly sustainable location, adjacent to the main railway station, 10 minutes walk to

Page No 1

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

Community Code No Applicant Recommendation Page Nos

RUA P/ 2011/0688 MRS J PARRATT GRANT 3 - 8

WRO P/ 2011/0884 WORTHINGTON PROPERTIES / CASTLEMEAD GROUP / PREMIER INN HOTELS

GRANT 9 - 19

WOR P/ 2011/0927 MR & MRS ALLEN GRANT 20 - 29

ROS P/ 2012/0017 FRE-ENERGYMR C MORRIS

GRANT 30 - 45

BRO P/ 2012/0024 OAK HOMES LTDMR DEREK HAWKINS

GRANT 46 - 57

WRA P/ 2012/0041 ASDA STORES LTD GRANT 58 - 61

CEF P/ 2012/0080 LLEWELLYN RIDGE LTDMR STEPHEN RIDGE

GRANT 62 - 67

WRO P/ 2012/0097 LIDL UK GMBHMR E WHALLEY

REFUSE/GRANT 68 - 70

WRR P/ 2012/0102 C/O NEW ROAD BAPTIST CHAPELMR J ELLIS

GRANT 71 - 76

WRR P/ 2012/0105 MRS SHARON GRIFFITHS

GRANT 77 - 82

WRA P/ 2012/0107 ASDA STORES GRANT 83 - 85

WRR P/ 2012/0113 MR & MRS M BODEN GRANT 86 - 89

LLR P/ 2012/0118 MR & MRS MICHAEL CUNNAGH

GRANT 90 - 93

CEF P/ 2012/0123 CEFN DRUIDS FCMR JOHN DAVIES

GRANT 94 - 98

GRE P/ 2012/0127 MRS TINA SUTCLIFFE GRANT 99 - 101

WRC P/ 2012/0139 MR AZIZ BUYUKDENIZ

GRANT 102 - 107

LLA P/ 2012/0153 MARSTONS PLC GRANT 108 - 111

BRY P/ 2012/0162 MR & MRS STEVEN MOORE

GRANT 112 - 115

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

BRO P/ 2012/0176 MR KEVIN BENNETT GRANT 116 - 119

WRO P/ 2012/0179 WALES & WEST HOUSING ASSOCIATIONMR CRAIG SPARROW

GRANT 120 - 128

Total Number of planning applications included in the report: 20

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 -–2 April 2012

APPLICATION NO:P/2011 /0688

COMMUNITY:Ruabon

WARD:Penycae & Ruabon South

LOCATION: FIELD ADJOINING EASTERN SIDE OF MAIN DRIVE WYNNSTAY PARK RUABON WREXHAM LL14 6LA

DESCRIPTION:INSTALLATION OF 2 X ELECTRIC JUNCTION / METER BOXES

APPLICANT(S) NAME:MRS J PARRATT

DATE RECEIVED: 22/09/2011

CASE OFFICER: SJG

AGENT NAME:MRS J PARRATT

_____________________________________________________________________

THE SITE

The site is on the east side of the approach to Wynnstay Hall.

NB: cable route to fishing cabin now amended as part of 2009 application

PROPOSAL

As above.

RELEVANT HISTORY

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

P/2009/0092 Fisherman’s cabin Withdrawn April 2009P/2009/0612 Fisherman’s cabin Granted 1/6/2010P/2009/0923 Stable WithdrawnP/2010/0004 Fencing Granted 1/3/2010P/2010/0508 Stable Granted 2/8/2010P/2010/0911 Fencing Granted 6/12/2010P/2011/0536 Fencing Granted 14/10/2011 (this application was considered at a committee site visit held on 14/10/2011)

DEVELOPMENT PLAN

The site lies outside the settlement limits, and is within a Special Landscape Area and the Grade I historic park and garden of Wynnstay hall. TPO 182 2011 affects the site. Wynnstay hall is a Grade II* listed building, and there are several other listed buildings in the vicinity, including the semi-circular garden wall to the south. Policies PS2 EC4 EC5 EC9 and GDP1 of UDP are relevant, together with LPGN 7. The site is within LANDMAP area 13a Welsh Maelor. National planning policy guidance is contained within Circ. 61/96 – Planning and the Historic Environment: Historic Buildings and Conservation Areas.

CONSULTATIONS

Ruabon C Council: Consulted 27/9/2011Local Member: Notified 27/9/2011Public Protection: No commentsGarden History Society: Consulted 27/9/2011Cadw: No concernsWelsh Historic Gardens Trust: Object, on grounds of:

1. Any further infrastructure within the historic parkland should be refused. 2. The junction meter boxes would add another feature in the paddock area to the existing fencing, water troughs and damaged boundary fencing at the approach to Wynnstay. This area and the fenced area beside the cabin are currently unsightly.3. No further infrastructure should be provided for it as this would enable and encourage inappropriate residential and more permanent usage.4. Nothing should be done to enable any further development of the stables or cabin. Both these developments have done harm to the landscape, providing no benefit whatsoever - so the presumption must be against any further infrastruc-ture here.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

5. All trees on site must be protected from damage including underground services. The woodland and protected species should be surveyed. 6. Planning Policy Wales requires that sites on the register should be protected. To permit the development would further establish undesirable developments and would serve no public interest in a nationally and internationally significant landscape.

Wynnstay Hall Management Company: No objectionSite Notices: Expired 24/10/2011 Other representations: Adjoining occupiers notified 3/10/2011. No

comments received.

SPECIAL CONSIDERATIONS/ ISSUES

Background: The application is to provide an electricity supply to the approved fishing cabin, P/2009/0612 and the stable P/2010/0508. The fishing cabin includes a kitchen and bathroom, and a route for underground cabling was approved. The stable block requires a security light.

The proposal is for two small boxes in green coloured material, 1.1 metres high, adjoining the overhead line crossing the site, to reduce the voltage for a power supply to the two approved buildings. The application includes a method statement for the installation of the meter boxes and cabling.

Listed Building setting: The construction of the meter boxes requires planning permission as development within the curtilage of the listed building the avenues are a particular feature of significance within the grounds and a greater degree of sensitivity is required for any proposals or development within this location. Concern has recently been expressed from a number of bodies with regards to both authorised and unauthorised piecemeal developments which they consider are eroding the special character of the site.

The siting, form and colour of the boxes is such that the impact upon the setting of historic buildings is negligible and impact on the character of the historic landscape is limited. I therefore raise no objections from a listed building point of view.

Landscape: The proposed boxes are shown to be located away from the historic tree avenue, within a slight dip in landform and at some 80m from the nearest available viewpoint from the driveway leaving the Hall.  The boxes would be partly obscured by landform and the historic tree avenue and would not draw attention to themselves particularly given the colour, viewing distance and limited availability of views when passing northwards along the drive.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

The proposed underground routing of the electricity cable confirms that construction work will not affect the historic tree avenue or a near by sycamore tree. I therefore have no objections on landscape grounds.

Conditions to control the use of the proposed light at the stable block and to require details of any additional external lighting are proposed.

Trees: I have no objections to the proposed junction box and underground cabling from an aboricultural point of view, subject to appropriate fencing being erected to prevent damage to the veteran trees within the avenue during the works. However the route of the cable to the fishing cabin is a cause of concern, as it affects a very important avenue of trees.

An aboricultural report has now been received detailing the route of the cabling. The submitted arboricultural method statement demonstrates that excavations for the underground cable can be implemented without causing undue harm to the avenue trees in the north westerly section of the avenue, provided that the method statement is adhered to.

With regards to the south easterly section of the avenue the proposed underground cable and the position of the junction box will not be detrimental to the avenue trees, provided that the underground route is kept away from the avenue trees. This is feasible as there is sufficient space to keep the development activities out of the avenue trees root protection areas.

Conclusion: It would be unreasonable to refuse permission for small-scale development to supply electricity to two buildings granted planning permission in the recent past, especially in the case of the fishing cabin which includes a kitchen and bathroom. The route for the underground cabling is now acceptable. The type of installation proposed, and its siting and construction methods, are acceptable on landscape and listed building grounds and so I recommend that permission is granted subject to appropriate conditions.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 22 September 2011 and as contained within the application documentation.3. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made.4. The tree protection fencing and ground protection measures approved in connection with condition no. 3 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority.5. The external security light to the stable block shall include a sensor and automatic cut off.6. Within one month of commencement of development details of any additional external lighting shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into use except in strict accordance with such details as are approved.7. The development shall be carried out in strict accordance with the following plans and report submitted and approved as part of this application:Arboricultural Method Statement ref no. WPR/01/12/AMSNo development or other operations shall take place except in strict accordance with the reports as approved.8. No part of the development shall commence until adequate steps have been taken to safeguard all trees on the site or whose root structure may extend within the site, which are the subject of WCBC 182 Tree Preservation Order 2011, against damage or injury caused during construction works in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. In particular, no excavations, site works, trenches or channels shall be cut or pipes or services laid in such a way to cause damage or injury to the trees by interference with their root structure and no soil, waste or materials of any kind shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees by affecting their root structure.9. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made.10. The following activities should not be carried out under any circumstances:1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree.2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works.3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree.4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

substances could cause them to enter tree root protection areas or tree construction exclusion zones.5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

11. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained trees Root Protection Areas, as specified by BS5837:2005 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. To ensure that the retained trees are adequately protected during development in the interests of amenity.4. To ensure that the retained trees are adequately protected during development in the interests of amenity.5. To ensure that the lighting is not left on over night and potential night time impacts are limited.6. To enable the control of matters not detailed in the application in compliance with the appropriate policies and standards7. To protect trees which are of significant amenity value to the area.8. To protect trees which are of significant amenity value to the area.9. To ensure that the retained trees are adequately protected during development in the interests of amenity.10. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity.11. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s)._____________________________________________________________________

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

APPLICATION NO:P/2011 /0884

COMMUNITY:Offa

WARD:Brynyffynnon

LOCATION: SITE OF FORMER JACQUES YARD REGENT STREET WREXHAM LL11 2AD

DESCRIPTION:ERECTION OF HOTEL (USE CLASS C1), CREATION OF NEW ACCESS ROAD, ASSOCIATED CAR PARKING, LANDSCAPING, IMPROVEMENT WORKS TO WATS DYKE AND OTHER ASSOCIATED WORKS

APPLICANT(S) NAME:WORTHINGTON PROPERTIES/CASTLEMEAD GROUP/PREMIER INN HOTELS

DATE RECEIVED: 05/12/2011

CASE OFFICER: KH

AGENT NAME:WORTHINGTON PROPERTIES/CASTLEMEAD GROUP/PREMIER INN HOTELS

_____________________________________________________________________P/2011 /0884THE SITE

Located on the site of the former Jacques Scrap Yard, off the southern side of Regent Street, Wrexham. The site is bounded to the east and west by railway lines and to the south by the remaining undeveloped section of Jacques Yard.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

PROPOSAL

The application seeks to provide an 83 bed Premier Inn Hotel, create a new access road, associated car parking, landscaping and improvement works to Wat’s Dyke.

HISTORY (Most Recent)

P/2008/1279 72 extra care apartments. Pending subject to completion of Section 106 legal agreement.

P/2008/1038 60 apartment extra care development. Pending subject to completion of Section 106 legal agreement.

P/2006/0756 Residential development. Granted 17.3.2008.

DEVELOPMENT PLAN

Within settlement limit. UDP policies PS1, PS2, PS3, PS4, GDP1, EC11 and EC12 refer. Local Planning Notes 7 – Landscape and Development, 16 – Parking Standards and 30 – Design are applicable.

CONSULTATIONS

Community Council: No objections subject to full signalised junction.Adj Community Council: No objection in principle but concerns regarding

traffic.Local Member: Notified 7.12.2011.Adj Local Member: Notified 7.12.2011.Public Protection: Contamination. Whilst site investigation works

have taken place there remain outstanding issues. Conditions required. Condition also required with regard to controlling construction noise.

Highways: No objections subject to conditions and a Section 106 legal obligation requiring funding for the future maintenance of the proposed signals and associated equipment along Regent Street.

Welsh Water: No objections subject to conditions.Environment Agency: No objections with Flood Risk Assessment and

Geo-environmental Desk Study report submitted with application. Condition requested to ensure an acceptable rate of run-off is agreed for the site.

Network Rail: A new access gate / right of way to their site needs to be agreed which meets their operational requirements, suitable noise mitigation should be built into the development given the proximity to the railway, trespass proof fencing required to the east and various other requirements with regard to encroachment and safety requirements.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

CCW: No objections and not likely to have a significant effect on the natural heritage interest of the site.

CPAT: No objections. With very little of the remains of Wat’s Dyke. Only a watching brief required.

CADW: No objections with the works subject to a requirement for Scheduled Monument Consent from CADW. Conditions of the Consent will relate to the archaeological aspects of the project, the methodology for protecting the genuine remains and reinstating the bank and then its subsequent preservation and maintenance. CADW consider the scheme will have a positive impact upon the monument in fully identifying the extent of its remains, preserving them in situ and perpetuating the line of the Dyke which will help establish Wat’s Dyke as a significant topographic feature.

Other representations: None.Press Notice: ExpiredSite Notice (4): Expired

SPECIAL CONSIDERATIONS/ISSUES

Background / Proposal: The site has been the subject of three recent planning applications of significance. In March 2008 planning permission was granted for a residential scheme, with provision of 228 apartments within four blocks and covering the full site. The permission is still extant. A scheduled Monument Consent was also approved by CADW to preserve, enhance and stabilise the monument.

Two applications have also been submitted for extra care apartments on the site but both applications are still pending subject to completion of Section 106 legal obligations.

This application seeks to utilise approximately half of the site. Scheduled Monument Consent will be required from CADW for works to Wat’s Dyke.

Policy: As the site lies within the settlement limit there can be no objection in principle to the proposed use, provided the criteria set out in policy GDP1 are satisfied. The reuse of previously developed land in urban locations and its sustainable location accords with key objectives as set out in Planning Policy Wales.

Design / Appearance: The proposed hotel is a modern design four storey in height with a flat roof. The siting gives an east to west orientation of windows with a gable end facing Mold Road.

The elevations have a combination of brick, glazing, grey metal cladding and render. The range of materials provides visual interest, helps break up the mass of the building, whilst giving relief to the horizontal lines. The gable

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

elevation facing Mold Road has the same range of materials, with a good percentage of glazing and is sympathetic to the street scene. The building is set back a substantial distance from the road and at a lower level, with landscaping further complimenting the design.

The hotel’s design will positively contribute to one of the main routes into the town centre.

Highways: The site has had permission for 228 apartments and a traffic assessment has been undertaken by the applicant to assess the cumulative impact of the proposed hotel and up to the potential for 110 apartments on the remaining part of the site, should residential development be progressed in the future.

Whilst noting the concerns of the adjoining Community Council, Highways have raised no objections to the proposal subject to conditions regarding improvements to the access to provide a signal controlled junction, a signal controlled crossing across the proposed access and Regent Street, a scheme to co-ordinate traffic signals along Mold Road / Regent Street, including details of how potential future signalling of Maesgwyn Road / Mold Road would co-ordinate with the proposed signalised junction serving the development site. Vehicles will be able to turn right, into the site when travelling along Mold Road from the south east into the town. The existing Network Rail access on the north east edge of the site will also be permanently closed and an alternative access provided within the hotel car park which will be a significant highway benefit.

The proposed works will ensure highway safety is maintained, whilst the co-ordination of signals along Regent Street / Mold Road will ensure no unnecessary interruption to traffic flows.

Parking is provided on the basis of 83 spaces, 1 space per bedroom, with 5 dedicated for disabled persons only and 10 secure cycle spaces, which is in compliance with the Council’s adopted standards. It is also a highly sustainable location, adjacent to the main railway station, 10 minutes walk to the bus station and regular bus services along Mold Road, which may result in lower car usage of the site.

I am satisfied that the impact during key peak hour periods will not be significant. A safe junction and a safe pedestrian crossing point on Mold Road will ensure vehicular and pedestrian safety is not compromised. The hotel is well located to encourage non-car usage to the site.

Amenity: The nearest residential dwelling on Maesgwyn Road to the west would be approximately 80m from the proposed hotel building, 65 metres to the edge of the garden curtilage and 80 metres to the rear elevation. The link-road serving the proposed car park would be approximately 25 metres from the edge of the garden curtilage. Given the significant distances, the site

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

separated by the railway line and proposed planting, I would not anticipate any significant loss of amenity.

Contamination: Given the previous use of the site, any permission will be conditioned to address any potential contamination issues.

Ecology: Ecological survey / assessment submitted with the application identified only a potential impact on ‘the common lizard’, which is protected by UK legislation. A scheme has subsequently been submitted to safeguard the lizard by virtue of a lizard proof fence on the western boundary and which will also provide 185 m2 of new habitat. An additional 489 m2 of new habitat on Wat’s Dyke will also be provided. This is considered acceptable on the basis of a condition requiring a long term management plan for the site.

Landscaping: A landscaping plan has subsequently been submitted toaccompany the application. The scheme provides for tree planting either side of the site entrance, tree planting on the western boundary, tree planning and beech hedging on the eastern boundary with prominent views of the building from Mold Road and perimeter tree planting around the parking areas. A beech hedge is also proposed on the rear (southern) boundary.

The scheme will soften the overall impact of the new development, both the building and car park and will effectively help integrate the new development within the locality, whilst increasing opportunities for wildlife.

Archaeology: The proposed development will have a direct impact on the Scheduled Ancient Monument, Wat’s Dyke which runs alongside the eastern boundary. In CADW’s opinion, the scheme will have a positive impact upon the monument in fully identifying the extent of the remains, preserving them in situ and perpetuating the line of the Dyke in a locale where it has been much absent or removed in its entirety. This would help re-establish a significant topographical feature within Wrexham. The key issues relating to works on the Dyke, identified by CADW are reflected in the Archaeological Assessment submitted with the application. These will be conditioned within the Scheduled Monument Consent which will be issued by CADW. I will however, condition a watching brief in an area to the north of the Dyke and outside the Scheduled area where the Archaeological Assessment notes the potential for buried remains of the Dyke may survive.

Conclusion: The modern design of the hotel will contribute positively to the locality, which is located adjacent to one of the main traffic routes into the town centre. The proposed signalised junction at the site accesses, the proposed controlled pedestrian crossing of Mold Road and the co-ordination of traffic signals along Mold Road / Regent Street will ensure vehicular and pedestrian safety, whilst not unduly interrupting the free flow of traffic. CADW consider that the works to Wat’s Dyke will have a positive impact and help re-establish an important topographical feature. The Scheduled Monument Consent issued by CADW will closely control the details.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

I am satisfied the proposal is acceptable.

My recommendation is however, in two parts to reflect the requirements for a Section 106 legal obligation and the funding of the future maintenance of the proposed signals and associated equipment along Regent Street.

RECOMMENDATION A

That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990 to secure a commuted sum for the future maintenance of the proposed signals and associated equipment along Regent Street.

The Head of Community Wellbeing and Development be given delegated authority to settle the final form and content of the obligation.

RECOMMENDATION B

Subject to completion of the above obligation, planning permission be GRANTED subject to the following conditions:-

CONDITION(S)

1. Each new non-residential building hereby permitted shall be constructed to achieve a minimum [Building Research Establishment Environmental Assessment Method (BREEAM)] overall 'Very Good' standard and achieve the mandatory credits for 'Excellent' under issue Ene1 - Reduction of CO2 Emissions (or subsequent equivalent quality assured scheme) in accordance with the requirements of BREEAM 2011. The development shall be carried out entirely in accordance with the approved assessment and certification.2. Reduction of CO2 Emissions (or subsequent equivalent quality assured scheme) has been achieved for that individual building in accordance with the requirements of BREEAM 2011.3. Prior to the occupation of the individual building hereby permitted, a 'Final Certificate' shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall 'Very Good' standard and the mandatory credits for 'Excellent' under issue 'Ene1 - Reduction of CO2 Emissions' (or subsequent equivalent quality assured scheme) has been achieved for that building in accordance with the requirements of BREEAM 2011.4. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority and the Plan as is approved has been fully implemented.5. A Final Travel Plan shall be submitted to and approved in writing by the Local Planning Authority following the first anniversary of first use of the development.

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6. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority:-1) Detailed layout, design, drainage and construction of the proposed new signal controlled junction;2) Signal controlled crossing across the proposed access and Regent Street;3) Details of a replacement bus stop along Mold Road / Regent Street.The scheme as is approved shall be fully implemented prior to first use of the development.

7. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority:1) Detailed layout, design, drainage and construction of the proposed new carriageway / footway serving the development site;2) Signal controlled crossing across the proposed access;3) A scheme for the provision of a new Network Rail access away from the proposed signal controlled junction connecting the site to Regent Street. The existing Network Rail access shall be permanently closed up. The new access shall be brought into use prior to the occupation of the new hotel.The scheme as is approved shall be fully implemented prior to the first use of the development.

8. No part of the development shall commence until a scheme detailing the following has been submitted to and approved in writing by the Local Planning Authority:1) A scheme enabling the co-ordination of traffic signals of how any future signalization of the Maesgwyn Road / Mold Road junction will be co-ordinated with the proposed signals for the development site.9. The vehicular parking and turning areas as shown on the approved drawings shall be fully laid out, surfaced and drained prior to the first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction and made available solely for the parking and turning of vehicles at all times.10. No part of the development shall commence until a Stage 1 - Safety Audit has been submitted to and approved in writing by the Local Planning Authority.11. The landscaping scheme approved as part of this application shall be fully implemented in strict accordance with approved drawing no. 3240002E within three months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use.12. The landscaping scheme as carried out in connection with condition no. 11 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority.

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13. Details of any external lighting (attached to building or freestanding) shall be submitted to and approved by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved.14. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented before the construction of impermeable surface draining t this system, unless otherwise agreed in writing by the Local Planning Authority.15. 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.16. Details of permanent lizard proof fencing along the north east boundary with the railway shall be submitted to and approved, in writing, by the Local Planning Authority. The fencing shall be erected prior to any works on site and retained thereafter. No works or storage shall take place within the protected area other than the removal of existing trees or the planting of new trees.17. The areas indicated on the approved drawing 3240002E for lizard habitat shall be provided in conjunction with the approved landscaping scheme and maintained thereafter in accordance with a long term management plan, which has been submitted to and approved, in writing, by the Local Planning Authority. The recommendations as approved shall be fully implemented in accordance with timescales to be agreed in writing before any part of the development commences on site.18. Each new non-residential building hereby permitted shall be constructed to achieve a minimum [Building Research Establishment Environmental Assessment Method (BREEAM)] (or subsequent equivalent quality assured scheme) overall very good standard and achieve a minimum of 6 credits under category Ene 1 - Reduction of CO2 Emissions in accordance with the requirements of BREEAM 2008. The development shall be carried out entirely in accordance with the approved assessment and certification.19. Construction of any building hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum BREEAM overall very good standard and a minimum of 6 credits under Ene 1 - Reduction of CO2 Emissions, has been achieved for that individual building in accordance with the requirements of BREEAM 2008.20. Prior to the occupation of the individual building hereby permitted, a 'Final Certificate' shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall very good standard and a minimum of 6 credits under 'Ene 1 - Reduction of CO2 Emissions' has been achieved for that building in accordance with the requirements of BREEAM 2008.21. 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.

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22. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter.23. Prior to the first use of the development hereby approved, a suitable grease trap shall be provided to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer content, or which would prejudicially affect the treatment and disposal of such content.

REASON(S)

1. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)4. In the interests of highway safety.2. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4).3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4).4. In the interests of highway safety.5. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle.6. In the interests of highway safety.7. To ensure adequate off-street car parking and servicing facilities in the interests of both highway safety and visual amenity.8. In the interests of highway safety.9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.10. In the interests of highway safety.11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.13. In the interests of highway safety, nearby residential amenity, general light pollution and the general visual amenities of the site.14. To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.15. To protect the amenities of the occupiers of nearby properties.16. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted.17. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted.18. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)19. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)

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20. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4).21. 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.22. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system.23. To protect the integrity of the public sewerage system and sustain an essential and effective service to existing residents.

NOTE(S) TO APPLICANT

The proposed scheme should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under s.38/278 of the Highways Act 1980.

You are advised that the Highway Authority will require such works to be completed to their satisfaction before they will formally adopt the relevant Highway works for public use and to be maintained at public expense. This will include the provision of a bond to cover the estimated value of such works.

The appropriate fees will become due to the Council when the Highways Authority approve the proposed works to be carried out.

The applicant should liaise with the WCBC Transport Officer - Keith Garvey on Tel: 01978 729759 to discuss/agree the relocation of the existing bus stop on Regent Street.Your attention is drawn to Highway Supplementary Notes Numbered 1, 2, 3, 4 and 5 on the "Applicants' Rights and General Information".

Your attention is drawn to Network Rail's requirements contained within their letter attached to this decision.

Your attention is drawn to the Environment Agency's standard note.

If connection is required to the public sewerage system, teh developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 08009172652.

RECOMMENDATION C

That if the obligation pursuant to Section 106 of The Town and Country Planning Act is not completed within six months of the date of the Committee resolution the Head of Community Wellbeing and Development be given delegated authority to refuse the application for the following reason:

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01 The development makes inadequate provision for the maintenance of the proposed traffic signals and associated equipment along Mold Road/Regent Street which would result in increased highway danger. The proposal as such would be contrary to Policy GDP1(d) of the Wrexham UDP._____________________________________________________________________

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APPLICATION NO:P/2011 /0927

COMMUNITY:Willington and Worthenbury

WARD:Bronington

LOCATION: LAND TO THE REAR OF 1 CHURCH VIEW CHURCH LANE WORTHENBURY WREXHAM LL13 0AW

DESCRIPTION:ERECTION OF 1 NO 2 STOREY DETACHED HOUSE WITH ATTACHED ANNEXE (2 DWELLINGS) DETACHED GARAGES AND ASSOCIATED DRAINAGE AND ALTERATIONS TO ACCESS

APPLICANT(S) NAME:MR & MRS ALLEN

DATE RECEIVED: 23/12/2011

CASE OFFICER: SJG

AGENT NAME:DAVID OWEN ASSOCIATES

_____________________________________________________________________

THE SITE

The site is on the north-east side of Church Lane. It consists of the rear garden of 1 Church View.

Indicative layout only. NB- garage for Church View now deleted

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PROPOSAL

As above. The development consists of two dwellings, one 3 bed and one 1 bed, linked by a door. A garage and outbuilding are to be demolished. Access is via a shared driveway to the north-west of the dwelling. A new sewage treatment plant is proposed discharging to a soakaway system on land to the north.

2 garages are proposed:A double garage for the larger of the two dwellings, in the location of the approved and commenced footings for the dwelling approved under the 2006 permission, and a single garage for the smaller of the two dwellings.

The application includes a Design and Access Statement, Code for Sustainable Homes Report, drainage report and highways report.

Agent’s statement regarding the annexe:

The annexe has been designed for the applicant’s father who is in a wheel chair, the ground floor has a shower room, living room and kitchen/dining and the room sizes are to accommodate the assistance he requires to allow the easy movement of his wheelchair. Their parents want to enjoy the best of modern day living and the utility is shared with the proposed new dwelling to allow internal access to support their parents when required.

A letter from Social Services and a statement of needs has been supplied for the applicant’s parent.

Revised Plans received 6 and 13/3/2012

The annexe has been reduced in size by removing part of the first floor element and the rooflights. It now has 1 large bedroom on the first floor, in place of the 2 bedrooms plus a living room. The elevation is now stepped down to the north-east in three sections, following the contours of the site. A shared turning area is now proposed together with adequate parking spaces for the existing and proposed dwellings. The garage for the existing dwelling has been deleted.

RELEVANT HISTORY

P/2006/0258 Erection of a dwelling and garages Granted 8/5/2006This permission has been implemented by the construction of footings for the dwelling.

P/2011/0042 Erection of 2 dwellings and annexe and garages. Withdrawn

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DEVELOPMENT PLAN

The site lies within the settlement limits and Worthenbury Conservation Area. Public footpath 12 runs to the north of the site. Policies H2 EC4 EC7 PS1 PS2 and GDP1 of UDP are relevant, together with LPGN 4 17 21 and 30.

CONSULTATIONS

Willington and WorthenburyC Council: Consulted 30/12/2011 and 7/3/2012Local Member: Consulted 30/12/2011 and 7/3/2012Highways: Recommended refusal with regard to the original

proposal, on grounds of restricted visibility and consequent danger to road users and pedestrians, lack of a communal turning facility and inadequate parking provision. No objections to revised proposal subject to conditions, including restriction of use of annexe and compliance with revised access layout plan.

Public Protection: Recommend condition and advice notesRights of Way: No objections subject to safeguarding of right of

wayRamblers: Consulted 30/12/2011Environment Agency: No commentsWelsh Water: No commentsCPAT: Recommend a contracted watching briefSite Notice: Expired 20/1/2012Press advert: Expired 27/1/2012Other representations: Adjoining occupiers notified 30/12/2011 and

7/3/2012. 5 objections received, on grounds of:a. Increased use of a substandard access onto

Church Lane would be detrimental to highway safety. This is acknowledged by the applicant’s own highway statement.

b. Access also serves as a footpath used by pedestrians and increased traffic would be dangerous to them

c. Site is not infill development but is on garden land which should be excluded from the settlement boundary

d. Already adequate supply of housing in the village, and better sites are available for development.

e. The LDP proposes to remove this site from the development boundary, in view of the limited services available, access and drainage problems.

f. Development will have a significantly detrimental impact on the natural and cultural

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heritage of the area and will further erode the setting of a fine Georgian church

g. The applicant does not own the site.h. Loss of privacy from overlooking windows of

the high dwellingi. Loss of fruit trees and wildlife habitatj. The application is for 2 dwellings and cannot be

described as a dwelling with an annexe. k. Foul drainage will be an issue in this area.

3 letters received to re-affirm the above objections following receipt of revised plans.

SPECIAL CONSIDERATIONS/ ISSUES

Previous permission: The permission was for a 3 bedroom dwelling located in the position of the double garage for the main dwelling. As this dwelling could still be built if the current proposal is approved, the 2006 permission will have to be revoked.

Conservation and design: The revised proposals are a significant improvement on the previously submitted scheme, the design and layout being more reflective of the settlement pattern and vernacular trends within the village than the two previous schemes. Further details have been supplied of the design/materials to be used for the new fence to the re-aligned front boundary and the hard surface treatment within the development. Conditions would be required to cover materials, pointing and external joinery. The development will be at a similar level to Church Lane and will not be unduly prominent from the village.

Archaeology: This issue was resolved for the previous application and a watching brief was carried out. A similar requirement would be imposed on any permission for this development.

Residential amenity: Separation distances are met for the adjoining dwellings due to the positioning of the proposed dwellings.

Highway safety: The highway authority recommends refusal on grounds of restricted visibility and consequent danger to road users and pedestrians, lack of a communal turning facility and inadequate parking provision. They draw attention to the nature of the proposals which are effectively for 2 dwellings, thereby increasing traffic flows over the approved development. Splays of 18 metres to the south-east (towards the village) and 25 metres to the north-west (out of the village) can be achieved with a 2.4 metre set-back. Current standards would require splays of 2.4 metres by 33m in both directions measured to the nearside edge of the road.

The highway authority advises that the 2.4 metre set back should not be relaxed to 2 metres (as suggested by the agent) given the narrow width of the road and the use of the shared access by other dwellings and as a public

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footpath. A reduction to a 2 metre set back would achieve visibility of 25 m to the south-east and 56 metres to the north-west.

The access is already used by 2 dwellings and a smallholding, plus 1 dwelling as approved previously. The increase in use arising from the 1 bedroom annexed dwelling is not considered to be a significant issue in this case.

The parking and turning requirements have now been met by the revised plan with appropriate conditions.

Drainage: The proposed sewage treatment plant would be dealt with under the Building Regulations under Environment Agency requirements.

Landscaping There are orchard trees on the site but they are not of particular significance. New hedges are to be planted as part of the landscape scheme.

Land ownership: The issue has been referred to the applicant’s agent but he maintains that the certificate is correct.

Conclusion: The size of the annexe and the impact upon highway safety is the main issue, as it is capable of being used as a separate dwelling. The agent has reduced the size of the annexe in response to concerns. Information has been supplied on the needs of the applicant for an assisted dwelling, and medical confirmation has been received. The access is clearly substandard but due to the location near the end of the road and the nature of the proposal, it is considered that permission could be granted on the basis of use as one dwelling and an annexe.

RECOMMENDATION A

That an order be made under Section 97 of the Town and Country Planning Act 1990 (using the procedure set out in Section 99 of the Act for unopposed cases) revoking the planning permission granted on 8/5/2006 under Code No. WOR P/2006/0258 for the construction of detached dwelling and garages together with septic tank drainage on land to the rear of Church View, Church Road, Worthenbury Wrexham LL13 0AW.

RECOMMENDATION B

That subject to the coming into effect of the Revocation Order, planning permission be GRANTED 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 development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered W11/2130/01A, 02C, 03B, 04A and contained within the application documentation.

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3. Prior to their use on the development samples of all roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.4. 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 further development shall take place under Classes A, B, C and D of Schedule 2 Part(s) 1, other than the development hereby granted permission.5. 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.6. The site shall be developed in accordance with the ground and / or floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority.7. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification8. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3.9. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3.10. No part of the soakaway system shall discharge directly to a watercourse or be within 10 metres of any watercourse or land drain.11. The vehicular parking and turning areas as shown on approved drawing No. W11/2130/02C shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times.12. The access to the site from Church Road shall be laid out, surfaced and sign-posted prior to occupation of the dwelling, in accordance with drawing W11/2130/02C. Within the visibility splays there shall be no obstruction in excess of 0.6 metres in height above he level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.

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13. Prior to first use of the development hereby approved a pedestrian visibility splay shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.14. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway.15. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary.16. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development.17. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority.18. The landscaping scheme submitted and approved in connection with condition no. 18 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme.19. The landscaping scheme as carried out in connection with condition no. 19 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 20. The annexe comprising the eastern unit shall only be used for purposes ancillary to the use of the main dwelling (western unit) as a single dwelling house and for no other purpose.21. No development / works shall commence until the applicant has secured the maintenance of an on-site watching brief by a suitably qualified archaeologist during construction works in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. In the event of the discovery of important archaeological features outside of the scope of the watching brief, all works shall cease until otherwise advised in writing by the Local Planning Authority.22. A copy of the watching brief as carried out in connection with condition no. 21 above shall be submitted to and approved in writing by the Local Planning Authority within two months of completion of the fieldwork.23. All re-pointing works shall be carried out using a lime based mortar only. The Council's Conservation Officer shall be given 5 days notice in writing of a meeting on site to approve the mix and finish. Works shall only be carried out in strict accordance with such details as are approved.24. Prior to their installation on the building, drawings to the scale 1:5 and 1:20 fully detailing all new or replacement windows, doors and rooflights shall be submitted to and approved in writing by the Local Planning Authority. The

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details shall fully describe the proposed materials and decorative/protective finishes. The works shall only be carried out in strict accordance with such details as are approved.25. The effluent drainage for the sewage treatment plant shall be sited to be at least 6 metres from the public footpath in accordance with details to be submitted to and approved, in writing, by the Local Planning Authority.26. No trees shall be lopped, topped, felled or uprooted without the prior written permission of the Local Planning Authority, nor shall any trees be wilfully damaged.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.4. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority.5. To protect the amenities of the occupiers of nearby properties.6. To ensure that the development fully complies with the appropriate policies and standards.7. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)8. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)9. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)10. To ensure the proper drainage of the site and to minimise the risk of pollution11. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.12. To ensure that adequate visibility is provided at the proposed point of access to the highway.13. To ensure that adequate visibility is provided at the proposed point of access to the highway.14. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.15. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access.16. In the interests of highway safety.17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

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19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.20. In the interests of highway safety.21. The site contains archaeological remains which it is essential should be protected from damage.22. The site contains archaeological remains which it is essential should be protected from damage.23. To ensure the works reflect the character and appearance of the building.24. To ensure the works reflect the character and appearance of the building.25. To safeguard the amenities of users of the path.26. To protect trees which are of significant amenity value to the area.

NOTE(S) TO APPLICANT

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

You are advised that the use of renewable energy could enhance the value of your development and make savings in terms of energy costs and reduce your carbon footprint. You may wish to refer to the Council's published guidance on small scale renewable energy generation and energy efficiency. Advice is also available from a variety of sources including www.energysavingtrust.org.ukwww.therenewableenergycentre.co.uk

The applicant is advised that compliance with condition no. 5 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal;- Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution;

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- 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.

Please note the attached comments from the Clwyd Powys Archaeological Trust, Environment Agency and Rights of Way Section._____________________________________________________________________

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APPLICATION NO:P/2012 /0017

COMMUNITY:Rossett

WARD:Rossett

LOCATION: LODGE FARM BORRAS ROAD HOLT WREXHAM LL13 9TE

DESCRIPTION:AN APPLICATION TO IMPORT AND RECYCLE A WIDE RANGE OF MATERIALS INCLUDING ENERGY CROPS AND INDUSTRIAL BIOWASTES TO COMPLEMENT FEEDSTOCKS IN THE EXISTING AGRICULTURAL ANAEROBIC DIGESTION FACILITY, THE CONSTRUCTION OF A SMALL BUND, AN UNDERGROUND STORAGE TANK (IN RETROSPECT), AND THE RELOCATION OF THE CONSENTED GENERATOR EXHAUST STACK.

APPLICANT(S) NAME:MR C MORRIS FRE-ENERGY

DATE RECEIVED: 09/01/2012

CASE OFFICER: FL2

AGENT NAME:ENVIRONMENTAL BUSINESS DEVELOPMENTMR R CARTER

_____________________________________________________________________

THE SITE

The application site, (Lodge Farm) is located 3km to the west of the village of Holt, just off Borras Road between the villages of Borras Head and Holt, in a rural location surrounded by agricultural land. Lodge Farm is an Organic Farm. Public Footpath No. 20 is located approximately 100m to the west of the application site and follows the route of the access track.

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PROPOSAL

A full planning application has been submitted to allow the importation and recycling of an additional 2,000m3 per annum of a variety of biodegradable waste materials to utilise the spare capacity in the existing anaerobic digester (AD) tank at Lodge Farm. The output of the digester, referred to as ‘digestate’ can be separated to form a liquid and a solid organic fertiliser. At present the applicant is not permitted to import waste or export any of the digestate produced from the existing AD facility. This application seeks to allow the exportation of a proportion of the digestate to the local land holdings in the control of the applicant. The proposal also includes the construction of a rainwater catchment area, a low clay containment bund that would be constructed around the site area on 3 elevations and a low concrete wall on the fourth elevations, an underground reception storage tank/pit with a capacity of 81m3 (retrospective) and a 7 metre high generator exhaust stack.

RELEVANT HISTORY

P/2010/0779 Condition 1 of P/2010/0181 to be removed as it prevents the generation of renewable energy, and Condition No. 2 of P/2010/0181 to be varied to apply the restriction to cow slurry only. Refused 01/11/2011

P/2010/0181 Removal of condition No. 6 and variation of conditions No. 3 and No. 10 of planning permission P/2009/0476 to allow the continued movement of farm yard muck and arable waste by the

Application Site

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road network and the pumping of slurry via an umbilical pipeline, and for additional time to be given so that the slurry storage can be assessed over a longer time period. Granted 05/07/2010

P/2009/0476 Erection of anaerobic digester, reception building and associated storage tanks. Granted 15/12/2009

P/2008/0177 Construction of cow slurry digester. Granted 30/05/2008

DEVELOPMENT PLAN

Outside of a defined settlement limit. Policies GDP1, PS2, PS10, PS12, EC9, MW12 and MW13 of the Wrexham Unitary Development Plan (UDP) apply.

TAN 6, TAN 8, TAN 18, TAN 21, Regional Waste Plan, National Waste Strategy

CONSULTATIONS

Community Council: Consulted 16/01/2012 No comments have been received

Adj Community Council: Provided the applicants do not breach any of the conditions which may be imposed, Holt Community Council do not have any objections to the proposal. Their main concerns relate to additional traffic travelling through the village of Holt and request that no vehicles associated with the proposal travel through the village.

Local Member: Consulted 16/01/2012No comments have been received

Adjoining Member: Notified 17/01/2012No comments have been received

Public Protection: Odour Management Control Plan required prior to the importation of waste materials

Highways: No objection subject to conditions relating to restrictions on vehicle movements and the achievement of adequate visibility splays

Welsh Water: Consulted 16/01/2012No comments have been received

Environment Agency: Provided information on the Environmental Permitting for waste operations and installations

CCW: Consulted 16/01/2012No comments have been received

Access Group: Consulted 16/01/2012No comments have been received

Public Rights of Way Consulted 17/01/2012No comments have been received

Glamorgan University Consulted 16/01/2012

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No comments have been receivedSite Notice: Expired 06/02/2012Press Notice Expired 10/02/2012Bangor University: Supports the application as it presents a

sustainable waste management project; turning a waste product into a valuable resource. Co-digestion of waste with cattle slurry offers a multitude of benefits which has been proven by research undertaken by DEFRA

NFU Cymru: Supports the application and provided their position statement on Anaerobic Digestion

Ian Lucas MP: Supports the application and suggests that the Council should encourage small scale sustainable energy projects

Other responses: 4 letters of support received raising the following: The access to the site is adequate for the

scale of the proposed operation The proposal would not present a substantial

increase in traffic movements This proposes a sustainable energy project

on a small scale thus would save fossil fuels, reducing carbon emissions and provide many other environmental benefits

Granting permission would allow the plant to operate to its full potential in terms of renewable energy production

Anaerobic Digestion is a pollution abatement technology that provides additional benefits such as pathogen destruction, odour reduction and reduces leaching of nutrients

The proposal supports many local jobs Diversion of food waste from landfill to AD

9 letters of objection or concern have been received raising the following: Need and local requirement The residual waste produced from the

operation and its disposal Increase in heavy goods vehicle movements

on congested, poor quality, inadequate and narrow country lanes.

Both importing and exporting materials to the site will degrade the air quality and increase carbon dioxide emissions and cause pollution

Increase in traffic would impact on residents and businesses in the area

Highway safety and poor visibility

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Hours of delivery to be reduced to ensure that there is no impact on the quiet rural location

Safety of the users of the road including pedestrians, cyclists, and horse-riders

Inappropriate activity in a rural location The plant should be located on the local

Industrial Estate where there is better infrastructure and a source of food waste

The industrialisation of the open countryside; harming the appearance, character, ambience and tranquillity of the countryside

Inappropriate development in the Greenbelt The proposed flare (exhaust stack) with

regards to the height, visual appearance and 24 hour a day ‘flaring-off’

Risk of explosion due to the storage of gas Burning of waste Noise 24 hours per day from the plant Noise from the importation of waste materials Odour and air-borne bacteria Open storage of waste Environmental pollution and light pollution Visual impact Monitoring and enforcement of the proposed

conditions Control on the scale of the operation Concerns about the incremental expansion of

the site

SPECIAL CONSIDERATIONS/ISSUES

Background: A proposal for a waste management facility in the form of an anaerobic digester (AD) at Lodge Farm was first brought to Wrexham County Borough Council’s planning service in 2007. Planning Policy MW12 of the Wrexham UDP states that waste management facilities will be permitted on general industrial estates. The development proposal for a waste facility at this site, as initially put forward by the applicant was, at that time considered to be inappropriate in terms of location and scale, and contrary to Policy MW12 as Lodge Farm is situated in the open countryside, relatively close to residential properties, within the setting of a Listed Building, and at that time, the site had a substandard vehicular access.

In response to these concerns the scheme was significantly reduced in scale, and instead, it was proposed to construct a cow slurry digester to process the slurry and agricultural waste generated from Lodge Farm and adjacent Lower Park Farm. The environmental benefits of AD as opposed to the existing open slurry storage lagoons provided a clear justification for granting planning

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permission for a digester capable of processing and storing the slurry generated by the existing adjacent farms.

This application was subsequently made in 2008 (P/2008/0177) and planning permission was granted. The intensity of use was strictly controlled and limited to process on-farm waste only, and prohibited the exportation of the produced digestate.

In 2010, a section 73 planning application was submitted (P/2010/0779) to effectively remove the restriction regarding the importation of other waste materials, and to allow exportation of the digestate. This application was refused. The reasons for refusal were:

1. The increased traffic movement would materially detrimentally impact upon the character and appearance of the countryside and would make a negative visual contribution to the landscape. The increased volume of traffic movements would be harmful to the character of the setting of the Listed Building and the development therefore conflicts with Policies EC9, PS2 and GDP1 of the Wrexham UDP.2. The development will result in unacceptable disturbance to the occupiers of nearby properties by was of noise, odour, vibration and increased traffic, and therefore conflicts with Policy GDP1 a) and f) of the Wrexham UDP. 3. The highway network serving the site is unable to cater for the additional traffic that will be generated by the development. The development will therefore give rise to congestion and/or highway safety problems and as such the development conflicts with Policy GDP1 d) of the Wrexham UDP.4. Due to substandard visibility to the east, the development will not be provided with a safe and satisfactory access and therefore conflicts with Policy GDP1 d) of the Wrexham UDP.5. To use the cow slurry digester previously approved as a Waste Management Facility would be contrary to Policies MW12 and MW13 of the Wrexham UDP which directs such facilities to be sited on general industrial estates.

Rather than appealing the Council’s decision to refuse the above planning application, the applicant has chosen to resubmit a full planning application, (as opposed to resubmitting a section 73 application) and has provided more information to support their application and to address the reasons for refusal.

Principle of the Development: The principle of an AD facility at Lodge Farm has been established by virtue of previous planning consents as listed above. Planning permission has been granted for the construction of the digester and various storage tanks/building. Therefore, the focus of this application is the consideration of the importation of 2,000 m3 of biodegradable waste materials to the site per annum, and also the exportation of digestate to other local farms within the applicant’s control.

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Location: The previous section 73 application P/2010/0779 was refused as it was considered that the proposal would be contrary to Policies MW12 and MW13 of the Wrexham UDP as facilities for waste management should be sited on a general industrial estate. These concerns predominately related to the potential unrestricted importation of waste. However further information from the applicants indicates that they seek only to import 2,000m3 of biodegradable waste in addition to the existing agricultural waste sourced from the farm; this represents 15% of the total feedstocks and would contribute to further diversification of the farm. Should planning permission be granted, the quantity of imported waste would be controlled by condition. With the benefit of additional information submitted to support this planning application, it is considered that the importation of the small percentage of total feedstocks would be appropriate in this location and would not be contrary to Policy MW12 of the Wrexham UDP.

Policy PS10 of the Wrexham UDP states that waste will be managed at, or as near as practicable, to the location where it is initially produced in line with the Proximity Principle which aims to ensure that waste is not exported from one area or region to another which is repeated in Policy MW12 c) of the Wrexham UDP.

There are two chicken farms within 2 miles of Lodge Farm, as well as a hatchery at Borras which supply additional nutrients to the farm at present in the form of chicken litter. The hauling and spreading of nutrients such as chicken litter is normal agricultural procedure that does not require planning permission. Should planning permission be granted, the applicant would be permitted to feed the AD plant with the chicken litter instead of spreading direct to land which would reduce the unpleasant characteristics and odour of spreading raw chicken litter, or other wastes such as sludges. Wrexham industrial estate is located 3.5 miles from Lodge Farm where other biodegradable wastes could be sourced. It is considered therefore that the proposal would comply with the proximity principle as the site is located near to the additional source of waste required.

Scale: TAN 6 seeks to encourage small on-farm operations such as renewable energy generation. The proposal would therefore contribute to renewable energy targets and reduce a reliance on fossil fuel for energy production and reduce greenhouse gas emissions. On-farm AD has been proposed by the Welsh Government as a key strategy to help to reduce carbon emissions.

The application seeks to allow a wider range of waste materials to be digested which contain a higher dry matter percentage compared to slurry. This would result in an increase in the amount of biogas produced which would increase the amount of renewable electricity and heat that could be produced by the plant to a potential 160kW per hour, thus doubling the capacity of the plant.

Research undertaken by DEFRA has demonstrated that co-digestion of small amounts of food wastes with cattle slurry is the most productive method of

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methane generation and provides greater effectiveness of the AD process, hence improved generation of renewable energy.

The overall scale of the proposed operation, and in particular its input is dictated by the spare capacity of the digester (2,000m3) and the subsequent output of digestate and nitrogen per hectare limit (170kg/ha). Should planning permission be granted, conditions would control the total annual volume of imports, the associated vehicle movements and the areas to which digestate could be applied. Transfer notes and records of imported material shall be kept by the operator and provided on the request.

It is considered that the importation of an additional 2,000m3 of waste would not represent an intensification of use of the site and would not be inappropriate or have a detrimental impact on the open countryside and would accord with Policy PS2 of the Wrexham UDP. The vehicles that would import the waste would of an agricultural nature and many of which already exist on the road network as they deliver nutrients to the farm at present.

Concerns have been raised with regards to ensuring that the farm unit; Lower Park Farm and Lodge Farm and FRE-Energy Limited are linked together. Whilst both farmers are Directors of FRE-Energy Limited, it was considered necessary to explore all the options available to ensure that the existing agricultural holding is linked to the operations of FRE-Energy Limited in some way. This would ensure that the majority of the feedstocks to the AD plant would be continued to be sourced from Lodge Farm and Lower Park Farm, no more than 15% of the feedstocks would be sourced externally from third parties, and that land within the farm holdings would be available to spread the digestate produced. Tying the two in some way is considered important due to the policy implications of Policy MW12.

Various options were considered including the applicant entering into a section 106 legal agreement. However, it is considered that an agricultural tie condition would facilitate the same level of control required but without the restrictions of a legal obligation. This agricultural tie condition combined with conditions restricting vehicle movements and the importation of third party waste would ensure that the AD plant does not become a stand alone waste disposal facility in its own right which would be contrary to Policy MW12.

Highways and Access: The resubmitted planning application under consideration contains more information in relation to the proposed traffic movements. 2,000m3 of additional biowaste material imported per year in either 20m3 tankers (akin to milk tankers) or agricultural vehicles such as 10m3

tractor and trailer, amounts to between 100 – 200 vehicles per year; averaged over the year this amounts less than 1 vehicle per day.

However, due to seasonal and agricultural variations this would give rise to concentrations of waste arisings. As such, the applicant has requested that a limit of 5 vehicles per day (10 movements) but no more than 200 vehicles

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(400 movements) in any calendar year be imposed on any planning decision should permission be granted.

The applicant seeks to export digestate to other farms within their control within the local area. Prior to the commissioning of the existing AD facility, farm yard manure was stored at Lodge Farm and exported from Lodge Farm to their other farm holdings when required. Therefore, the exporting of digestate from Lodge Farm does not represent a material change in vehicles exiting the site. The applicant does not wish to export the digestate to other land outside of their control as they wish to retain the enhanced nutrients on their land holdings this would be controlled by condition.

Holt Community Council has requested that the vehicles associated with this development do not travel through the village of Holt. One of the applicant’s land holdings lies south of the village of Holt. Agricultural vehicles currently access the farm holding by travelling through the village. It would be unreasonable and also unenforceable to impose restrictions to prohibit the access to this holding through Holt. However, the applicant has confirmed that only agricultural vehicles would travel through the village. The applicant has also offered a suggested route for the majority of vehicle movements associated with waste imports/exports which would typically approach the site via Buck Road and Borras Road. Should planning permission be granted, a condition would be imposed to ensure that a no left turn sign is erected on the exit of the site to encourage drivers to turn right to avoid Holt.

The applicant has confirmed that the required visibility for the access to the site can be achieved. It would be conditioned to ensure that the required visibility is achieved and maintained throughout the life of the development.

Pollution Control: The site would be regulated by the Environment Agency Wales and the applicant would not be able to import waste until an Environmental Permit has been issued. This permit has a number of controls including odour and noise management to ensure that the proposal would not give rise to pollution. The permit would also list the types of biodegradable waste that could be fed through the AD plant. The application contains pollution controls and the Environment Agency has confirmed that the pollution controls proposed are acceptable. As part of the Environmental Permit application, the applicant would need to demonstrate that the pollution controls shall be compliant and that storage and processing tanks are fit for purpose and constructed and maintained to a recognised standard with appropriate leak detection. The applicant would be required to demonstrate compliance prior to a permit being granted. The operation would also have to comply with the Animal By-Products (Enforcement) (Wales) Regulations 2011.

With regards to noise and vibration, and vermin control, should planning permission be granted, the applicant would be required to operate the site in strict accordance with the noise mitigation and vermin control measures as submitted and approved as part of planning permission P/2009/0476. The approved planting scheme as required by planning permission P/2009/0476

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would assist to abate any existing noise from the generators as would the proposed bund.

With regards to odours, the AD treatment process itself is completely enclosed and therefore does not allow the release of odours. Therefore, the point at which odours could be released is at the vehicle unloading point. Should planning permission be granted, all imported liquid materials would be loaded from a tanker straight into the AD facility, or directly into the sealed reception pit, and there would be no external stockpiling of waste material.

Should planning permission be granted, an odour management plan would be required to be submitted for approval prior to any importation of waste. Furthermore, the Environment Agency would require an odour management plan in place prior to the granting of an Environmental Permit.

Hours of Operation: The AD process is required to operate continuously. The applicant would however like the flexibility to accept waste deliveries between the hours of 7am and 7pm every day of the week. The applicant has confirmed that generally there would be no deliveries received on a Sunday. It is considered however that, as the surrounding area is of a rural nature and the access to the site is not from a main route, that it would be more acceptable to permit deliveries to the site between 07:30 – 18:30 Monday to Friday and between 08:30 – 16:00 Saturday, Sunday and Public Holidays, to reduce the potential disturbance of vehicles accessing the site.

Visual Amenity: Whilst residents have expressed concerns with regards to the visual impact of the development, the only additional material change proposed would be the 7 metre high exhaust stack (necessary for the requirements of the Environmental Permit for the facility). However, as this exhaust would be no higher than the approved reception building, it is considered that there would be no material change in the visual appearance of the approved scheme.

Furthermore, the separator tank is now proposed to be placed inside the receptor building, the proposed containment bunding would go some way to screen the low level pipe-work associated with the approved development. Furthermore, the planting required by planning permission P/2009/0476 and P/2010/0181 would be conditioned to be planted in the next available planting season to assist to screen the development.

Conclusion: The principle of AD has already been established on this site. The applicant has provided detailed information with regards to the additional capacity within the existing AD facility and nutrient availability for the farm. The imported material would have a higher dry matter percentage which would produce more renewable energy, and amount to an average of 1 vehicle per day some of which exist on the local road network to deliver fertilisers to the site.

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Should planning permission be granted, 85% of the feedstock to the digester would be sourced from on-farm wastes arisings; with the remaining 15% or no more than 2,000m3 consisting of locally sourced biodegradable material. Whilst Planning Policy MW12 provides a presumption in favour of waste management facilities at general industrial estates, it does provide examples of waste facilities which may be suitable on farms as part of farm diversification and this is supported by the Welsh government. The majority of the feedstocks would still be sourced from the farms and therefore, it is considered that the principle purpose of the AD facility would be to process farm waste, with an ancillary amount of imported waste.

As such, it is considered that permitting the importation of 15% of the total waste arisings would not be contrary to the provisions of Policy MW12 of the Wrexham UDP. Noise, vibration and odour would be controlled by the Environment Agency Permit, and subject to appropriate conditions to control the level of waste and ensure an agricultural tie between Fre-Energy Ltd and the land holdings, I have no objection to the proposal.

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. Written notification of the date of commencement of the development and importation of waste shall be provided to the Waste Planning Authority within seven days of such commencement.3. Except as otherwise required by conditions attached to this planning permission, the development hereby permitted shall be carried out in accordance with the following approved documents and plans received by the Local Planning Authority on 09 January 2012 (unless otherwise stated):- Application form dated 23/11/2011- Design and Access Statement - Appendices 1-15- Assessment of farm slurry arisings and storage requirement undertaken by Kite Agricultural Consultants Dated 23/03/2009- Location Plan and Lodge Farm Site Access from Borras Road- Lodge Farm Site access from Borras Road- Site Boundary Drawing No. P01

- Proposed Site Layout Drawing No. 170-1002 revision '1' (18/02/12)- Proposed Site Layout Drawing No. 170-1003 revision 0 (04/12/2011)- Proposed Site Layout Drawing No. 170/1004 revision 0 (09/12/2011)

- Lodge Farm Digester Plan, view from the south (21/11/2011)- Lodge Farm Digester Plan A (22/11/2011)

- Containment Bund Drawing No. P 1- Containment Bund and Lagoon Drawing No. CG01- Typical Details Drawing No.CG02

- Existing Site Access Arrangements Including Visibility from Access to Borras Road Drawing No. 1139-01-SK01.

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4. In the event of the approved anaerobic digestion operations ceasing for a period in excess of 12 months, the site shall be reinstated to an agreed agricultural standard in a scheme to be submitted to the Local Planning Authority and agreed in writing. The scheme shall be submitted to and approved by the Local Planning Authority within two months of the cessation of the anaerobic digestion activities. The site shall be fully restored within six months of the cessation of the anaerobic digestion in accordance with the approved scheme.5. Other than for testing and maintenance purposes, the anaerobic digester and its buildings shall not be managed and operated other than by the owners/partners/directors of FRE-Energy Limited.6. The anaerobic digester (1), associated storage tanks (3) and reception building approved by planning permission P/2009/0476 shall be only used to receive, digest and store cow slurry, farm yard manure/muck and arable waste generated by 'Lodge' and 'Lower Park' Farms and any other land farmed and managed by Mr RJ Tomlinson. In any calendar year, no more than 2,000 cubic metres of biodegradable waste arisings of a non hazardous nature shall be imported from outside those lands specified within this condition. For the avoidance of doubt, a calendar year shall comprise the period between 1st January and 31st December in any year.7. The FRE-Energy Limited (or any subsidiary businesses of FRE-Energy Limited) shall maintain a record of consignment note records and waste transfer note records relating to waste materials imported to, stored on and exported from the site. The record shall include waste transfer notes, the time and date of delivery, the point of origin of the arisings, the vehicle registration number and type of the transporting vehicle, and the quantity of the individual load. The record shall be made available to the Local Planning Authority within 24 hours notices of prior written request. A report of the total of waste imported to the Site in each successive calendar year shall also be provided to the Local Planning Authority in writing within one month of the year end.8. Digestate (the output) from the plant shall not be exported from Lodge Farm, unless it is to be spread on, or injected into land farmed and managed by Mr RJ Tomlinson.9. Throughout the life of the development the approved un-separated digester store, as detailed on approved plan Proposed Site Layout Drawing No. 170-1002 revision '1' (18/02/12) shall not be heated and shall not be fed by un-digested waste. It shall only be fed by digested materials.10. There shall be no external storage of undigested imported wastes. All imported, undigested wastes accepted on to the site that will be fed through the approved anaerobic digester must be handled in the approved building (enclosed), underground reception pit and/or fed directly into the approved anaerobic digester.11. Only biodegradable wastes shall be accepted on site and fed through the approved anaerobic digester.12. Any approved liquid waste shall be fed directly into the approved anaerobic digester or directly into the approved reception pit. If there is no capacity in the approved anaerobic digester or in the approved sealed reception pit, liquid food waste shall not be accepted on site.

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13. The leak detection system associated with the underground reception pit shall be checked on a monthly basis to ensure that there are no leaks. The developer shall report any leaks to the Local Planning Authority as soon as any leak has been detected and no more waste shall be received in the reception pit until the leak has been fixed.14. On any day, the maximum number of vehicle movements associated with the importation of third party waste to the site shall not exceed 10 (5 vehicles in, 5 vehicles out) and shall not exceed 400 (200 vehicles in, 200 vehicles out) in any calendar year.15. Prior to the importation of waste material the vehicular access shall provide visibility splays of 2.4 metres x 215 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays, there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining carriageway. These splays shall thereafter be permanently retained clear of such obstruction to visibility throughout the life of the development hereby approved. As detailed on approved plan Existing Site Access Arrangements Including Visibility from Access to Borras Road Drawing No. 1139-01-SK01.16. Prior to the importation of waste, signage shall be erected at the egress of the site (Lodge Farm) at the junction with Borras Road to encourage vehicles associated with waste importation to turn right and not travel through the village of Holt unless necessary. A 'no left turn' sign shall be erected to instruct drivers of vehicles associated with waste importation to only turn right when leaving the site.17. The operations involving the importation of waste hereby permitted shall be restricted to the hours of 07:30 - 18:30 Monday to Friday, 08:30 - 16:00 Saturday, and at no time on a Sunday or Bank Holiday.18. The planting scheme as submitted and approved by planning permission P/2009/0476 shall be fully implemented in the next available planting season. In the event that any planting is removed, dies or is severely damaged or diseased it shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted.19. The development hereby permitted shall only be operated in strict accordance with the noise protection measures as submitted and approved by P/2009/0476 unless otherwise agreed in writing by the Local Planning Authority.20. The development hereby permitted shall only be operated in strict accordance with the pest control measures as submitted and approved by P/2009/0476 unless otherwise agreed in writing by the Local Planning Authority.21. No part of the development shall commence until a detailed report of the odour levels arising from the development and any associated plant, together with measures of control, has been submitted to any approved in writing by the Local Planning Authority. The measures as agreed shall be fully implemented prior to the first use of the development and shall remain in place for the life of the development.22. The development shall be carried out in strict accordance with the recommendations contained with the ecology report and approved as part of

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planning permission code P/2009/0476 and as carried out by T & P Perry Amphibian and Reptile Conservation dated July 2009.23. A traffic management plan shall be submitted to the Local Planning Authority prior to the commencement of development. Traffic movement to and from the site shall be in strict accordance with the approved traffic management plan.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To formally establish the date when the development commenced3. To ensure that the development fully complies with the appropriate policies and standards.4. To safeguard amenity and landscape character and to ensure that site is restored properly should the development cease operations, having regard to Policy GDP1 a) and PS2 of the Wrexham UDP.5. To ensure that the development fully complies with the submitted plans, appropriate policies and standards, for the avoidance of doubt, and having regard for to Policy MW12 of the Wrexham UDP.6. For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved documents. The site is closely adjoined by residential properties and it is considered necessary to strictly control the nature and intensity of the use of the site and to ensure that the development remains within the general levels of activity specified in the planning application, in the interests of highway safety and general amenity. To accord with the provisions of Policies GDP1 and PS2 and having regard for Policy MW12 of the Wrexham UDP.7. To facilitate monitoring of imported materials to the anaerobic digestion facility and exported from the site by the Local Planning Authority. To accord with the provisions of Policies GDP1 and PS2 of the Wrexham UDP.8. To specify the scope of the permission, for the avoidance of doubt. To accord with the provisions of Policies GDP1 and PS2 of the Wrexham UDP.9. To ensure that the development fully complies with the submitted details, to control the scale of the permitted operations and to prevent the un-separated digester store to become an anaerobic digester, having regard for Policies GDP1 and PS2 of the Wrexham UDP.10. To ensure that any waste materials that are received are contained appropriately to prevent pollution, in the interests of residential amenity, to mitigate against any odours and having regard to Policy GPD1 f) of the Wrexham UDP.11. For the avoidance of doubt and to ensure development fully complies with the submitted planning application and approved documents and in the interest of amenity and having regard to Policy GPD1 f) of the Wrexham UDP.12. To ensure that any waste materials that are received are contained appropriately to prevent pollution, to ensure that storage of feedstocks for the approved anaerobic digester can be adequately accommodated within the site, in the interests of residential amenity, to mitigate against any odours and having regard to Policy GPD1 f) of the Wrexham UDP.

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13. To prevent any ground water pollution or contamination, having regard to Policy GDP1 f) of the Wrexham UDP.14. For the avoidance of doubt, to ensure that the scale of the development is controlled, to minimise the environmental impact, to safeguard the amenities of the rural area and in the interest of highway safety, having regard to Policies GDP1 f) and PS2 of the Wrexham UDP.15. To ensure that the visibility of the access meets the necessary standards of Technical Advice Note 18, in the interests of highway safety and in accordance with Policy GDP1 d) of the Wrexham UDP.16. For the avoidance of doubt, to safeguard the amenities of the rural area and in the interest of highway safety, having regard to Policies GDP1 f) and PS2 of the Wrexham UDP.17. To protect the amenity of nearby residential properties.18. To ensure a satisfactory standard of appearance of the development, to ensure appropriate landscaping of the site, having regard to section 197 of the Town and Country Planning Act 1990, to minimise any visual impact of the development and to safeguard the visual amenity and having regard to Policies GDP1 a) and PS1 of the Wrexham UDP.19. To protect the interests of local amenity having regard to Policy GDP1 f) of the Wrexham UDP and to ensure that the development fully complies with the appropriate policies and standards.20. To protect the interests of local amenity having regard to Policy GDP1 f) of the Wrexham UDP and to ensure that the development fully complies with the appropriate policies and standards.21. To protect the interests of local amenity having regard to Policy GDP1 f) of the Wrexham UDP and to ensure that the development fully complies with the appropriate policies and standards.22. To protect the great crested newt which may otherwise be damaged by the development hereby permitted and having regard for Policy EC6 of the Wrexham UDP.23. In the interests of highway safety and to comply with GDP1 d) of the Wrexham UDP.

NOTE(S) TO APPLICANT

No change to the surface of the right of way can be approved without consultation with Wrexham County Borough Council. The developer should be aware of his/her obligations not to interfere with the public right of way either whilst development is in progress or once it has been completed; such interference may well constitute a criminal offence. In particular, the developer must ensure that:-- There is no diminution in the width of the right of way available for use by members of the public;- No building materials are stored on the right of way;- No damage or substantial alteration, either temporary or permanent is caused to the surface of the right of way;- Vehicle movements are arranged so as no to unreasonably interfere with the public's use of the way;

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- No additional barriers (e.g. gates) are placed across the right of way, of either a temporary or permanent nature;- No wildlife fencing or other ecological protective features associated with wildlife mitigation measures are placed across the right of way or allowed to interfere with the right of way; and- The safety of members of the public using the right of way is ensured at all times.Any variation to the above will require prior consent from Wrexham County Borough Council.

The developer should be made aware that should a protected species be subsequently found on the site, all work should stop until further surveys for the species are carried out and a suitable mitigation package for the species is developed.

1. Any adjacent works e.g. vehicular crossing of a footway or verge, retaining wall, service connection and such required to be carried out within or adjacent to the existing highway will require a separate consent of the Highway Authority in order to comply with the provisions of the Highway Act 1980. Formal application should be made to the Chief Transportation and Engineering Officer, Crown Buildings, PO Box 1293, Wrexham, LL11 1WQ.3. No water of any kind generated by the proposed development is to be allowed to flow from any part of the site, such as driveways and paved areas, on to the highway or into the highway drainage system or be allowed to accumulate in such a way as to affect the highway surface or structure. 4. The development must not interfere with any existing highway surface water drainage facilities, whether within existing highway boundaries or not.5. Prior to the commencement of the works, it is necessary that the development should inform any Statutory Undertakers, or other body whose plant, or apparatus should be affected by the proposal and/or which may have to be re-located, altered or protected, The financial liability for any such works occasioned by the proposed development is that of the developer.

This development will require an Environmental Permit under the Environmental Permitting (England and Wales) Regulations 2010.

Digestate (the output) from the plant shall not be exported from Lodge Farm, unless it is to be spread on, or injected into land farmed and managed by Mr RJ Tomlinson. It is accepted that a very small 'de minimis' quantity may be exported off site for further research and testing purposes for either testing for PAS 110 accreditation or for undertaking research by organisations such as Universities.

_____________________________________________________________________

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APPLICATION NO:P/2012 /0024

COMMUNITY:Broughton

WARD:New Broughton

LOCATION: LAND AT SCHOOL LANE SOUTHSEA WREXHAM LL11 6SF

DESCRIPTION:RENEWAL OF PLANNING PERMISSIONS BRO. P/2007/0055 (OUTLINE) AND BRO. P/2008/0227 (RESERVED MATTERS) FOR CONSTRUCTION OF 15 APARTMENTS WITH PARKING AND AMENITY SPACE

APPLICANT(S) NAME:MR DEREK HAWKINS OAK HOMES LTD

DATE RECEIVED: 10/01/2012

CASE OFFICER: SJG

AGENT NAME:FSP NORTHERN ARCHITECTS LTDMR STEPHEN QUICKE

_____________________________________________________________________

THE SITE

The site is between School Lane and Ysgol Penrhyn on Gatewen Road. It has an area of 0.4 hectare and is steeply sloping, with a hedge along the edge of the estate road on the west side.

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PROPOSAL

As above.

RELEVANT HISTORY

P/2007/0055 Outline for residential developmentGranted 5/3/2007

P/2008/0227 Reserved matters for 15 apartments, parking and amenity space and formation of vehicular access Approved 5/3/2010 following signing of section 106 agreement

DEVELOPMENT PLAN

The site lies within the settlement limits. Policies CLF4 CLF5 EC4 H2 PS1 PS2 T8 GDP2 and GDP1 of UDP are relevant, together with LPGN 7 landscape, 10 public open space, 16 parking, 17 trees, 21 space around dwellings, 27 schools contributions and 30 residential design.

CONSULTATIONS

Broughton C Council: object on grounds of:a- 15 apartments is an over development for the site.b- the proposed development is out of character

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with the area.c- the development will have an adverse visual impact on properties in School Lane.

Local Member: Consulted 12/1/2012Highways Recommend conditionsPublic protection Recommend conditionsEducation Schools contributions required for both secondary

and primary school placesWelsh water Recommend conditionsEnvironment Agency CommentsCCW No objectionsAirbus No aerodrome safeguarding objectionsPress advert Expired 10/2/2012Site Notices: Expired 3/2/2012Other representations: Adjoining occupiers notified 12/1/2012. 6

objections received, on grounds of: 1. Additional traffic would have an adverse impact

on a quiet residential area and the amenity of residents

2. Loss of roadside hedge and trees would cause loss of rural feel of the area and cause a loss of wildlife habitat

3. Danger to pedestrians and children from additional traffic

SPECIAL CONSIDERATIONS/ ISSUES

Background: The application is for renewal of a full planning permission. Guidance in Circular 35/95 states that such applications should be approved unless there has been a material change in circumstances or planning policy since the original decision was made. The land was sold for development by the Council following the granting of outline permission.

The dwellings are arranged in two blocks of three storey, 2 bedroom units. The blocks would appear as 2 storey units from School Lane and 3 storey from the Gatewen Road direction. Parking is provided at the lower ground floor level, involving an access way passing beneath the blocks. A new footway would be provided along School Lane.

Topography: The site has a steep (1 in 4) slope from School Lane down towards the school curtilage, (which contains a large all-weather playing pitch). It constitutes unallocated land within settlement limits. Policy H2 states "residential development on un-annotated land within settlement limits will be permitted subject to compliance with Policy GDP1". Given the slope and the adjoining school fields, this will be a difficult site to develop.

The site is very prominent and overlooks the school, and there is potential for the residential amenity of future occupants to be compromised by the proximity to the all-weather pitch. The layout shows the dwellings positioned

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close to the School lane frontage, allowing a gap of 16-20 metres from the east boundary with the play area. This is considered to provide a reasonable separation from the school/ play area and allows for planting and open space.

Landscape: The site comprises a rectangular field of rough grassland and brambles within a bowl shaped steeply sloping hillside location, with an easterly aspect. The site is located above a school and community all-weather playing pitch and is largely enclosed by housing development to the north, west and south west where this occupies less steep land within the vicinity.

The site’s boundaries comprise tall hedgerows and occasional trees, which provide rural characteristics, and where intermittent allow views of and over the site to the wider area. The site therefore has a positive function in providing rural characteristics, naturalness (of at least local nature conservation value) and openness within the built settlement pattern. These site features and attributes are all the more visible by virtue of the elevated site position. With the exception of the inevitable removal of the hedge fronting School lane, the scheme reflects these characteristics and includes acceptable sketch landscaping details.

Four mature protected trees (Tree Preservation Order WCBC No. 65) are located to the south of the application site. A tree report has been supplied under LPGN17.

Design: The units have been broken up into two blocks and care has been taken to ensure that the design fits in with the locality, in terms of the elevations facing from School Lane. It is inevitable that the dwellings will be conspicuous from the east/ south-east.

Residential Amenity/ Separation distances: The dwellings comply with adopted guidance with regard to the separation distances for the dwellings opposite in School Lane.

Open space: The scheme includes an area of private open space. The development adjoins a large area of open space provided for the adjoining development. The Council’s landscape manager has previously identified a need for improvements to play facilities in the locality, and a contribution towards these improvements is required under policy CLF5 and LPGN10. There is also a need to review the footpath links in the locality as part of the landscaping scheme.

Schools Contributions: A contribution towards additional school places is required under policy GDP2 and LPGN 27, totalling £59,400.

Sustainable Development: The application includes a full site survey, design statement, ecological assessment, DAS and Code for Sustainable Homes report and is considered to comply with TAN22. The development site has good links to surrounding schools and facilities.

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Ecology: There are no objections in principle to this development. However, the site has moderately-high biodiversity value, particularly the ancient and diverse hedging and trees surrounding the site. Further information on the trees has been supplied.

A condition is needed to prevent scrub clearance on site between March and September to protect nesting birds on site.

Parking / Access: The site fronts School lane which is subject to a 30mph speed limit, but speeds are estimated to be in the order of 20mph. The existing carriageway is less than the required 5.5 metre width and it is proposed to widen this, together with a 2 metre footway. This will improve access for pedestrians to the school via the existing footpath to the north. Parking provision shows 26 spaces for the 15, two bedroom flats. Whilst this is below the maximum standard in guidance note 16 it is considered that this level of provision is acceptable given the government guidance in TAN18 and recent appeal decisions. The access road and parking bays are to remain under private control.

Conclusion: The scheme is considered acceptable as a renewal of a recent planning permission.

RECOMMENDATION A

That the Council enters into an obligation under section 106 of the Town and Country Planning Act 1990, requiringa. A commuted sum of £7500 based on Local Planning Guidance Note 10 for

contribution towards provision and improvement of public open space provision in the community

b. A contribution towards primary and secondary school provision of £59,400.c. A management fee of £3,345The Head of Community Wellbeing & Development be given delegated authority to determine the final form and content of the obligation.

RECOMMENDATION B

That planning permission be granted on completion of the obligation, subject to 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 development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 517/100, 25A, 26A, 27A, 28, 29A, 30, 31, 36, 251, WSL 2DH and as contained within the application documentation.

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3. Prior to their use on the development samples of all external facing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.4. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification5. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3.6. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3.7. The site shall be developed in accordance with the ground and / or floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority.8. 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 further development shall take place under Classes A B and E of Schedule 2 Part 1, other than the development hereby granted permission.9. The vehicular parking and turning areas as shown on approved drawing(s) No(s). WSL 22 DH shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times.10. Prior to first use of the development a 2.0m wide footway shall be constructed along the entire site frontage in strict accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority.11. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 33 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.

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12. No part of the development shall be occupied until School Lane fronting the development site has been widened to a minimum width of 5.5m in accordance with Highway Authority adoptable standards.13. The proposed access shall be a minimum of 4.5 m wideand shall have a gradient no greaterthan 1 in 24 for the first 5 m behind the public highway.14. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed new footway / carriageway, 2) Retaining wall on School Lane frontage 3) Road widening,4) Scheme of wtreet lighting4) Road widening, and5) Report on slope stability.The scheme as is approved shall be fully implemented prior to first use of the development.

15. 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.16. No development shall take place within 3 metres either side of the public sewer which crosses the site.17. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter.18. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a five year Maintenance Plan and timescale for the implementation of works shall be submitted to and approved in writing by the Local Planning Authority.19. The landscaping scheme submitted and approved in connection with condition no. 18 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme.20. The landscaping scheme as carried out in connection with condition no. 19 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 21. There shall be no scrub clearance on site between March and September.22. The development shall be carried out in strict accordance with the following plans and report(s) submitted and approved as part of this application:1) Arboricultural Implication Assessment ref no.PM/05/02/12 dated 5/2/2012

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2) Tree Protection Plan ref no.517/25ANo development or other operations shall take place except in strict accordance with the reports as approved.23. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made.24. The following activities should not be carried out under any circumstances:1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree.2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works.3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree.4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones.5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)6. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4)7. To ensure that the development fully complies with the appropriate policies and standards.8. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development

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as described in the condition is carried out without the permission of the Local Planning Authority.9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.10. In the interests of pedestrian safety.11. To ensure that adequate visibility is provided at the proposed point of access to the highway.12. In the interests of highway safety.13. In the interests of highway safety.14. In the interests of highway safety.15. To protect the amenities of the occupiers of nearby properties.16. To protect the integrity of the public sewer and avoid damage thereto.17. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system.18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.20. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.21. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted.22. To protect trees which are of significant amenity value to the area.23. To ensure that the retained trees are adequately protected during development in the interests of amenity.24. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity.

NOTE(S) TO APPLICANT

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.

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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When preparing detailed drawings and/or implementing this permission you are advised to give full consideration to the housing needs of the disabled.

You should check carefully that the levels agreed as part of this permission are complied with. Any divergence from these levels is likely to invalidate your permission and could result in enforcement action which could require demolition of the building(s).

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.

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

This planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act 1980. It is essential therefore that the detailed proposals are submitted to the Highway Authority and confirmed as acceptable BEFORE development commences. Please contact the Highway Authority on telephone no. 01978 729690 for further guidance.

The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s). 14 to be formally discharged in writing.

The applicant is advised that compliance with condition no. 15 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:

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- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal;- Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

Please note the attached comments from Welsh Water, Countryside Council for Wales, Environment Agency and Public Protection.

The scheme of landscaping referred to in the above conditions shall include any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. In addition, any of the following which apply to the particular site must be included:-means of enclosure, car parking layout, access and circulation areas, materials for hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play equipment) location of services, and any historic landscape features to be retained/improved. The details should include full details of boundary treatment including measures to prevent unauthorised access to / from the school and the adjoining open space area to the south.

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.

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· Coal mining subsidence. · Water emissions from coal mine workings.

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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

RECOMMENDATION C

If the Agreement is not completed within six months of the date of the Committee decision, the Head of Community Wellbeing & Development be given delegated powers to refuse the application for the following reason:

1. The development does not secure commuted sums for schools contributions and open space provision in the locality, and is therefore contrary to policies GDP2 and CLF5 of the Wrexham Unitary Development Plan.

_____________________________________________________________________

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

APPLICATION NO:P/2012 /0041

COMMUNITY:Acton

WARD:Maesydre

LOCATION: ASDA SUPERSTORE HOLT ROAD WREXHAM LL13 8HL

DESCRIPTION:VARIATION OF CONDITION 4 OF PLANNING PERMISSION CODE NO. P/2011/0803 RE. HOURS OF OPERATION ON SUNDAY AND BANK HOLIDAY FROM 10.00 - 16.00 TO 07.00 - 22.00

APPLICANT(S) NAME: ASDA STORES LTD

DATE RECEIVED: 19/01/2012

CASE OFFICER: KH

AGENT NAME:PLANNING POTENTIALRACHEL FORD

_____________________________________________________________________

THE SITE

Asda supermarket to the North-West of Holt Road and bounded by residential properties to the South-East side of Holt Road and to the North and North-East of the site. Access to the supermarket car park is off the roundabout on the A5152 Bodhyfryd Road with the service access for deliveries to the store onto Holt Road.

Extension to building

Compound area

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PROPOSAL

A previous application P/2011/0803 was granted to allow an extension and loading canopy to the side (south east facing elevation) of the existing store, to facilitate home shopping from the store. This application seeks to vary condition 04 of that permission to enable home shopping deliveries on Sunday and Bank Holidays from the previously approved hours 1000 – 1600 hours to 0700 – 2200. The hours would coincide with the weekdays and Saturday hours previously approved.

DEVELOPMENT PLAN

Within the settlement limit. Policies PS1 and GDP1 of the Wrexham UDP refer.

HISTORY (MOST RECENT)

P/2012/0107 - 2 refrigeration units. On this agenda.P/2011/0803 - Home shopping pod extension to side of existing store

with external steel framed loading canopy. Planning permission granted 05.12.11.

P/2011/0372 - Single storey home shopping unit extension. Application withdrawn 03.08.11.

P/2009/0845 - Enclosure of existing entrance lobby as part of store. Planning permission granted 07.12.09.

P/2009/0625 - Hand car wash within car park. Planning permission granted 15.09.09.

P/2009/0579 - Installation of roof mounted refrigeration plant with extended walkway. Planning permission granted 17.08.09.

CONSULTATIONS

Community Council: Consulted 19.1.12Local Member: Requests that the application and another

application relating to Asda on the agenda P/2012/0107 are presented to Committee as both applications raise potential noise issues.

Public Protection: No objections to increase in hours.Highways: No objectionsOther representations: One oral expression of concern by a resident living

close by, that the construction works may potentially cause harm to the property.

Site Notices (4): Expired 17.02.12

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SPECIAL ISSUES/CONSIDERATIONS

Background/proposal: P/2011/0803 has previously allowed the home shopping unit and the visual impact of the structure has previously been considered. Similarly the highway implications have previously been considered and will use the Bodhyfryd access to the store and will have a negligible impact on the movements on the roundabout.This application seeks purely to extend its operational hours on Bank Holidays and Sundays.

Amenity: The closest residential properties are located to the south-east of the store, on the opposite side of Holt Road, approximately 38 metres from the proposed development. A Noise Impact Assessment accompanies the application and has assessed the impact on the closest residential properties on Holt Road in terms of delivery vehicles arriving at the site, departure and the loading and unloading of delivery vehicles. Extensive noise monitoring has been carried out at the store, including between 0700 and 0800 hours and 2100 – 2200 hours, and monitoring noise levels from a scheme already in place at another Asda Store, which is very representative of the proposed scheme at Wrexham. The results of the assessment indicated a negligible change in noise at the façade of the nearest dwelling.I am satisfied that the proposal will not have any significant impact on nearby residential properties on Holt Road or the Mount (approximately 75m to the north), with the Council’s Public Protection section raising no objections.

General: Construction works are onto an existing car park and will be relatively minor in nature and will not impact on residential properties that are a substantial distance away from the works.

Conclusion: I am satisfied that the increase in hours on Bank Holidays and Saturdays will not have any significant impact on nearby residential amenity.

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 full details of the perimeter fencing to the compound has been submitted to and approved by the Local Planning Authority. The works shall be carried out strictly in accordance with the details as approved.3. No use of the development shall take place outside of the following hours:- 0700 hours and 2200 hours.4. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises and measurements and assessment shall be made in accordance

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with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas.

REASON(S)

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

NOTE(S) TO APPLICANT

You are reminded that the hours of delivery times to the service area to the north of the site and accessed off Holt Road are restricted in accordance with the hours on a previous appeal decision._____________________________________________________________________

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APPLICATION NO:P/2012 /0080

COMMUNITY:Cefn

WARD:Cefn

LOCATION: RAILWAY INN RAILWAY ROAD CEFN MAWR WREXHAM LL14 3AA

DESCRIPTION:CONVERSION AND CHANGE OF USE OF PUBLIC HOUSE (A3) TO DWELLINGS PROVIDING 2 NO. SEMI DETACHED HOUSES AND 1 NO. FLAT TO INCLUDE INTERNAL AND EXTERNAL ALTERATIONS AND DEMOLITION OF TOILET BLOCK TO PROVIDE PARKING

APPLICANT(S) NAME:MR STEPHEN RIDGE LLEWELLYN RIDGE LTD

DATE RECEIVED: 02/02/2012

CASE OFFICER: KH

AGENT NAME:LLEWELLYN RIDGE LTDMR STEPHEN RIDGE

_____________________________________________________________________

THE SITE

The public house is located on Railway Road to the west of the B5096 which in an easterly direction continues along Crane Street into the district shopping

Flat roof extension demolished to enable 7 vehicle spaces

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centre of Cefn. The former Flexsys works lie to the immediate west, with residential properties adjoining to the north and south.

PROPOSAL

The proposal seeks to convert the existing public house to provide 2 no. semi detached houses and 1 flat and the demolition of an existing toilet block to provide parking. This will provide four residential units in total on the site as an existing flat will remain.

DEVELOPMENT PLAN

Within the settlement limit and Conservation Area for Cefn. Policies PS1, EC7, EC8 and GDP1 refer. No policy objections to conversion.

CONSULTATIONS

Community Council : Supports applicationCouncillor Coleman : Supports applicationCouncillor Moysen : Notified 6.2.12.Public Protection : No objection, condition and

notes required.Highways: No objections, with adequate visibility at the access

points and the provision of 7 parking spaces adequate.

Welsh Water: No objections subject to conditions.Environment Agency: Low environmental risk. Standard note required.CPAT: No objections, photographic survey required.H.S.E.: Advise against the proposal.Other representations: NoneSite Notice: Expired 14.03.12

SPECIAL CONSIDERATIONS

Background: The applicant has indicated that the public house has struggled for business over the last few years and has been recommended for closure by the Police Licensing Officer. The use of the pub has caused concerns for the general public and it was highly likely that the premises licence allowing the sale of alcohol would have been lost. The applicant has advised that the Police Licensing Officer would have been recommending to the Licensing sub-committee that the licence be revoked.

Amenity: I do not consider the proposal will impact negatively on adjoining residential properties. In terms of separation distances between habitable rooms, the separation distances between windows on the proposed conversion facing towards windows on the existing residential property to the north, would be 16m. Whilst this is substandard compared to the 22m normally required, I am satisfied that given the previous use of the building the

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residential use will in effect improve the situation. With regard to a property to the immediate south, an existing pub window virtually on the boundary, which would look down into the rear garden, is obscurely glazed and I will condition that this remains the case.I am satisfied that in terms of privacy and noise generally that the proposed residential use will greatly improve the amenity of nearby residents.

Highways: Highways have no objections to the proposed conversion. The overall effect of the proposal will be to provide a total of 4 dwellings, 3 proposed and one existing with a total of 7 off road parking spaces.Whilst parking is marginally below the maximum standards required by LPG Note 16, given the sustainable location, on a main bus route and close to the village amenities, I consider the number of parking spaces provided to be adequate. Visibility at the access points is acceptable.

Health and Safety Executive: The proposed site adjoins the former Flexsys chemical works. Consultation zones have been previously imposed by the H.S.E around the factory and split into 3 zones of sensitivity, based on the past uses of the factory with product manufacture dependant on a range of raw materials, many of which were toxic or flammable. Materials included Chlorine, Ammonia and Sodium Cyanine. H.S.E have recommended against the proposal, with their recommendation based on the size/type of development within the sensitivity zones.Whilst recognizing this advice I consider certain factors mitigate against this. Flexsys has ceased operation a number of years ago and the buildings associated with the chemical works have been demolished. Whilst another company occupies a limited number of buildings they are not associated with the former use. The hazardous substances consent however remains on the site generally but I consider it would be unlikely that the Council would support any future application for the erection of new industrial buildings for a similar use. Future use on the land is likely to be for a more sensitive use. However should the Council be minded to grant permission, the H.S.E have to be given 21 days notice to allow them to consider whether to request the Welsh Government call the application in for determination.

Conservation: The site lies within the Cefn Conservation Area. The works are sympathetic to the character of the Conservation Area and any new windows, boundary treatment etc will be conditioned. The removal of the existing single storey flat roofed toilet block will be an enhancement to the Conservation Area. The works also ensure that the integrity of the World Heritage Status is not compromised with the site located within the Buffer Zone.

General: The scheme does provide limited amenity space for the occupiers of the new dwellings. However areas are provided for drying, bin storage and a small area for seating. However given the relative proximity to large areas of open space, I do not consider this to be a major constraint.

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Conclusion: I am satisfied the scheme is acceptable and the closure of the pub with its previously associated problems will benefit general nearby amenity. The removal of the flat roofed toilet block will enhance the character of the Conservation Area whilst adequate off-street parking and safe access points will ensure highway safety is not compromised.

With the closure of Flexsys and removal of the majority of the buildings, the relatively small increase in occupants and the likely more sensitive future use of the Flexsys site, I am satisfied that the scheme cannot be objected to from a Health and Safety perspective.

My recommendation is, however in two parts to enable the Health and Safety Executive 21 days to consider whether to request the Welsh Government to call the application in for determination.

RECOMMENDATION A

That the application be referred to the Health and Safety Executive for consideration as to whether to request the Welsh Government to call the application in for determination.

RECOMMENDATION B

If the Welsh Government do not call in the application then I recommend planning permission be GRANTED subject to the planning conditions below:-

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.2. Prior to the first use of the development, vehicle and parking facilities shall be provided in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. The facilities as are approved shall be fully laid out in accordance with the details as approved and shall thereafter be permanently retained and kept free of any obstruction and made available solely for the parking of vehicles at all times.3. Prior to the installation on the building, details of all new and replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The works as approved shall only be carried out strictly in accordance with such details as approved.4. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary.5. Prior to the first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 15 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.

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6. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development.7. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no. 01938 553670). 8. 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.9. Details of all external and internal boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved.10. Details of bin storage areas shall be submitted to and approved in writing by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved and maintained thereafter.11. Details of means to protect the amenity of the occupiers of 2 Railway Cottage from use of the south facing windows serving the proposed dining room, shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme as approved shall be fully implemented prior to the first use of the unit and maintained thereafter in accordance with the approved scheme.12. No part of the development shall commence until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To provide for the parking of vehicles clear of the highway.3. To ensure the works are sympathetic to the character of the Conservation Area.4. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access.5. To ensure that adequate visibility is provided at the proposed point of access to the highway.6. In the interests of highway safety.7. To provide for a record of a building or buildings of local architectural or historic interest8. 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.

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9. In the interests of maintaining the character of the Conservation Area and the general visual amenities of the area.10. In the interests of maintaining the character of the Conservation Area and the general visual amenities of the area.11. To protect the amenities of the occupiers of nearby properties.12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

Your attention is drawn to the attached Environment Agency 'Standard Advice' guidance note for developers.

With regard to Condition 02 as the site is within the Conservation Area, sympathetic finish and materials for the parking area will be required. Macadam finishes should be avoided and a traditional matrial or treatment with a softer finish should be used.

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.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information._____________________________________________________________________

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APPLICATION NO:P/2012 /0097

COMMUNITY:Offa

WARD:Erddig

LOCATION: LIDL SUPERMARKET SALOP ROAD WREXHAM LL13 7AF

DESCRIPTION:ERECTION OF 2 NO. 48 PAGE COLOUR BILLBOARDS

APPLICANT(S) NAME:MR E WHALLEY LIDL UK GMBH

DATE RECEIVED: 10/02/2012

CASE OFFICER: PF

AGENT NAME:LIDL UK GMBHMR E WHALLEY

_____________________________________________________________________

THE SITE

PROPOSAL

The proposal is to erect 2 no. 6 metre wide by 4.5 metre high bill boards within the curtilage of the Lidl supermarket.

HISTORY

Most relevant.

Sign 2

Sign 1

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P/2011/0208 Erection of two 48 page billboards. Refused 06.05.2011P2010/0414 Erection of 1 flagpole. Refused 05.07.2010P/2009/0372 Consent to display advertisement. Refused 30.06.2009P/2008/1248 Erection of 48 page colour billboard. Refused 05.01.2009P/2007/0319 Installation of 48 page Billboard. Refused 30.04.2007

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and Local Planning Guidance Note 1 – Adverts refer.

CONSULTATIONS

Community Council: Object on the grounds of the size of the signage and will look unsightly.

Local Member: Notified 13.02.2012Site notice: Expired 13.03.2012Highways: No recommendationsOther representations: 8 neighbouring occupiers notified 21.02.2012

SPECIAL CONSIDERATIONS

Amenity: There are two signs proposed. The sign that is most visually prominent is proposed on the southern portion of the site on the car park boundary. Given the large surface area of the sign I consider that it would be overly large and incongruous and would have a significant impact upon the visual amenity of the surrounding streetscape.

The frontage of the supermarket is relatively plain compared to other buildings in the locality with a white rendered frontage and no windows. The building is set well back from the road frontage and I consider that a sign against the modern appearance of the building will not have a significant detrimental impact upon its character of the wider locality.

Public safety: The proposed signage is non illuminated and not adjacent to the public highway. On this basis I am satisfied that the proposal will not cause detriment to the safety of highway users or pedestrians.

Conclusion: The Town and Country Planning (Control of Advertisement) Regulations 1992 allows for the local planning authority to issue a split decision. On this basis I recommend as follows.

RECOMMENDATION A

In respect of the sign labelled as Sign 1 (to the southern boundary of the car park) as part of the application documentation, that advertisement consent be REFUSED for the following reason:

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The proposed sign by reason of its size and position would constitute an unduly obtrusive feature and would be detrimental to the visual amenities of the area contrary to policy GDP1 of the Wrexham Unitary Development Plan.

RECOMMENDATION B

In respect of the sign labelled Sign 2 (adjacent to the supermarket building) as part of the application documentation, that advertisement consent is GRANTED subject to the following conditions:-

CONDITION(S)

1. The maximum height of the sign labelled 'Sign 2' on the approved plan shall not exceed the eaves height of the adjacent building to which it is located against.2. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.3. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.4. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.5. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission.6. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.6. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992._____________________________________________________________________

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APPLICATION NO:P/2012 /0102

COMMUNITY:Rhosddu

WARD:Stansty

LOCATION: BAPTIST CHURCH NEW ROAD WREXHAM LL11 2HD

DESCRIPTION:CONVERSION OF CHURCH TO RESIDENTIAL DWELLING

APPLICANT(S) NAME:MR J ELLIS C/O NEW ROAD BAPTIST CHAPEL

DATE RECEIVED: 13/02/2012

CASE OFFICER: LP1

AGENT NAME:BLUEPRINT ARCHITECTURAL SERVICES LTDMR D EDWARDS

_____________________________________________________________________

THE SITE

Baptist Church, New Road Rhosddu. Close to the junction of Ty Gwyn Lane.

PROPOSAL

Conversion of church to residential dwelling.

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HISTORY

P/2004/1048 Construction of car park and construction of new vehicular access. Granted 08/11/2004. The car park and access were not constructed

DEVELOPMENT PLAN

Lies within settlement limit, Policies GDP, PS2 and Guidance Notes 16, 20 and 21 apply.

CONSULTATIONS

Community Council: Express concern regarding the proposed new vehicular access onto New Road and the fact that cars park on this side of the road obstructing visibility

Local Member: Notified 15/02/2012Highways: No objections but require conditions relating to

visibility and access construction.Public Protection: Consulted 15/02/2012Welsh Water: No objection but request conditions relating to

drainage be placed on permission.Site Notice: Expired 12/03/2012Other representations: Two letters of objection received raising the following

points: The side window for the main bedroom will overlook

the garden of the property to the north. If a new vehicle access is granted then this would

remove car parking space on the road where other residents park.

Allowing vehicles to cross the footpath is dangerous as this is a very busy road. There is an access road to the back of the terraces would could be used to park vehicles.

SPECIAL CONSIDERATIONS

Background: The property is a Baptist Church that lies within a residential area on the busy New Road which runs through Rhosddu. It is of brick construction and has been largely unaltered since its construction. The proposal is to convert it into one residential property with the garden and parking area to the front.

Design and Amenity: The proposal includes a two storey extension to the rear of the dwelling; this replaces an existing single storey structure. The design of this extension reflects the existing building. A new porch is proposed to the front elevation which reflects the existing style of building and the PVC windows are to be replaced with timber framed windows.

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The window for the master bedroom faces over the garden of the property to the north. This is to be obscurely glazed to prevent overlooking; this will be secured in perpetuity by condition.

Highways and Parking: There is currently no access off New Road for the Church. A previous application for a new access and car park was not implemented. The proposal will provide four parking spaces and turning area within the site.

There is adequate visibility in both directions from the proposed access. Currently local residents park along New Road, however the Highways Department are currently investigating the possibility of a traffic restriction being introduced in this area. Regardless of whether this is implemented or not the proposal meets highway requirements.

Conclusion: The proposed change of use is acceptable and there will be no adverse impact on the amenity of neighbouring occupiers.P/2012 /0102RECOMMENDATION: 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 samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. Prior to their erection on site details of all boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. Development shall only take place in accordance with those details as are approved.4. 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) the windows in the master bedroom facing the property known as Avalon shall only be glazed or re-glazed using obscure glass which shall thereafter be permanently retained.5. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. B061/003 - dated February 2012.6. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.

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7. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway.8. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary.9. The vehicular access(es) hereby approved shall take the form of a dropped vehicular crossing.10. Prior to their installation on the building, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads etc, method of opening and glazing type. The works shall only be carried out in strict accordance with such details as are approved.11. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved in writing by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority. 12. All roof lights hereby approved shall be 'conservation type' only fitted flush with the adjoining roof surface.13. Any new or replacement rainwater goods shall be cast iron or aluminium only.14. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.4. In the interest of the amenity of the neighbouring property.5. In the interests of pedestrian safety.6. To ensure that adequate visibility is provided at the proposed point of access to the highway.7. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.8. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access.9. In the interests of highway safety.10. To ensure the works reflect the character and appearance of the building.11. To ensure the works reflect the character and appearance of the building.

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12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.14. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment.

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.

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.

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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

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

A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to lower the kerbline and cross the footpath at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on telephone 01978 729690._____________________________________________________________________

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APPLICATION NO:P/2012 /0105

COMMUNITY:Rhosddu

WARD:Garden Village

LOCATION: 52 HAYTOR ROAD WREXHAM LL11 2PU

DESCRIPTION:SINGLE STOREY EXTENSION TO FRONT, SIDE AND REAR ELEVATION. FIRST FLOOR EXTENSION TO SIDE ELEVATION.

APPLICANT(S) NAME:MRS SHARON GRIFFITHS

DATE RECEIVED: 14/02/2012

CASE OFFICER: PF

AGENT NAME:CULLIS ARCHITECTURAL DESIGNMR S CULLIS

_____________________________________________________________________

THE SITE

PROPOSAL

The proposal is to make substantial alterations to the dwelling consisting of a first floor extension on the north eastern part of the dwelling and ground floor extension to the south western and south eastern elevations. The proposal will effectively result in larger ground and first floor accommodation but would remain as a 3 bed dwelling.

Footprint of proposed extensions

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HISTORY

None.

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1, T8 and Local Planning Guidance Notes 16 – Parking Standards and 20 – House Extensions refer.

CONSULTATIONS

Community Council: Object to the large extension as it would be out of character and out of proportion with the two similar adjacent houses.

Local member: Notified 15.02.2012Site notice: Expired 08.03.2012Other representations: 11 neighbouring occupiers notified 21.02.2012

SPECIAL CONSIDERATIONS/ISSUES

Design: Haytor Road is generally characterised by a mixed architectural style. However, the dwelling subject to this planning application forms the most southerly of a set of three identical house types. The proposal would result in a two storey side extension which would significantly alter the appearance of the dwelling and a single storey side extension so much so that it would no longer appear as part of this group.

However, it is important to note that neither this dwelling, nor any of the others in this group are listed and the site does not fall within a conservation area. On this basis, I consider that the main issue is whether these alterations are suitable in terms of the plot size and whether the alterations make a positive contribution to the wider street scene and environmental character.

The image below shows the existing and proposed front elevation. I am satisfied that the works proposed are capable of being accommodated without being considered an over development of the site. The massing of the extensions and associated roof design are considered to tie in with those of the neighbouring dwellings and the proposed materials are sympathetic. I therefore do not consider that the proposed extensions will cause detriment to the character of the street scene.

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Existing and proposed front elevation

Amenity: The application site curtilage wraps around the curtilage of No. 36 Haytor Road. The corners of the proposed side and rear extension fall within close proximity of this boundary. I have had the opportunity to view the development site from the garden of No. 36 which is approximately 0.5m higher. The eaves height of the extensions will be at approximately the same height of the existing boundary fence and the proposed hipped roof will slope away from the boundary. I am satisfied that the extension will cause a minimal loss of natural daylight to the rear elevation of this property and its private garden area. A condition will be required to protect the privacy of both occupiers by the retention of the fence given the addition of clear glazed windows facing the boundary.

The are two windows on the side elevation of No. 54 Haytor Road which appear to be a secondary living room window and a dining room / kitchen window. Nevertheless, there would be an 8 metre separation distance between the dining / kitchen window to the side elevation of the rear single storey extension. I do not consider that the proposal will result in a significant loss of natural daylight to these windows.

Other issues: The proposal will not result in a requirement for additional off street parking provision and I am satisfied that works will not result in the loss of existing parking provision. On this basis, the proposal will not result in a detriment to highway safety.

Conclusion: The proposal accords with the Council’s principles on good household extension design. The proposal will not cause detriment to the character of the streetscene and will seek to preserve the amenity of the neighbouring occupiers. On this basis 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. From the point marked 'X' on the approved plan numbered TS/02, a close boarded boundary fence which heads in a due east direction on the boundary with No. 36 Haytor Road shall be retained at a height of 1.8 metres measured from the finished ground floor level of the extensions hereby approved.4. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the extension facing south west or north east.

REASON(S)

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

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.

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).

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· 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

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

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prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal;- Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information._____________________________________________________________________

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APPLICATION NO:P/2012 /0107

COMMUNITY:Acton

WARD:Maesydre

LOCATION: ASDA STORES LTD HOLT ROAD WREXHAM LL13 8HL

DESCRIPTION:INSTALLATION OF 2 NO REFRIGERATION UNITS ON EXISTING ROOFTOP PLANT AREA TO REAR OF EXISTING RETAIL UNIT

APPLICANT(S) NAME: ASDA STORES

DATE RECEIVED: 14/02/2012

CASE OFFICER: KH

AGENT NAME:MDA ACHITECHURAL SERVICESMR M ARROWSMITH

_____________________________________________________________________

THE SITE

Asda supermarket to the North-West of Holt Road and bounded by residential properties to the South-East side of Holt Road and to the North and North-East of the site.

Unit 1

Approx. position of unit 2

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PROPOSAL

The proposal is to install 2 new refrigeration units on an existing rooftop plant area to the rear of the retail unit.

DEVELOPMENT PLAN

Within the settlement limit. Policies PS1 and GDP1 of the Wrexham UDP refer.

HISTORY (MOST RECENT)

P/2012/0041 - Variation of hours from previously granted home shopping facilities at the store, from previously allowed hours 1000 – 1600 hours to 0700 – 2200 on Sundays and Bank Holidays. On this agenda.

P/2011/0803 - Home shopping pod extension to side of existing store with external steel framed loading canopy. Planning permission granted 05.12.11.

P/2011/0372 - Single storey home shopping unit extension. Application withdrawn 03.08.11.

P/2009/0845 - Enclosure of existing entrance lobby as part of store. Planning permission granted 07.12.09.

P/2009/0625 - Hand car wash within car park. Planning permission granted 15.09.09.

P/2009/0579 - Installation of roof mounted refrigeration plant with extended walkway. Planning permission granted 17.08.09.

CONSULTATIONS

Community Council: Consulted 16.02.12Local Member: Requests that the application

and another application relating to Asda on the agenda P/2012/0041 are presented to Committee as both applications raise potential noise issues.

Public Protection: No objections Other representations: NoneSite Notices (3): Expired 22.03.12

SPECIAL ISSUES/CONSIDERATIONS

Proposal: The application seeks to provide 2 new refrigeration units on rooftop plant areas to the rear of the store. One of the units will sit on the roof of an existing electrical room, measuring just over 2m wide and deep and

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1.6m in height and replaces an existing unit with a second unit on the main roof over the warehouse 7.2m in length and nearly 1.3m in height.

Visual Impact: The units will have a minimal impact on the character of the building or the general visual amenities of nearby residents or the area generally, given their limited size and location. The unit on the roof of the existing electrical roof is of limited height and will be lower than the main roof and will only be viewed against the background of the building. The rooftop unit will be closely related to existing similar units and the limited height will ensure minimal impact.

Noise: The proposal seeks to provide refrigeration to the store via units operating more economically than the current units which will emit reduced noise levels, particularly at night. A noise assessment has been submitted with the application which includes a noise survey and considers the impact on nearby residential properties and concludes that the new plant would be acceptable in the proposed location.No objections have been raised by the Council’s Public Protection section subject to a suitable noise condition to ensure restricted noise levels. I am satisfied the plant will not have any significant impact on the amenity of residents closest to the units at The Mount and on Holt Road.

Conclusion: The impact visually of the new plant will be minimal and noise emissions from the new plant will not be to the detriment of nearby residential properties.

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 rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at 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. 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._____________________________________________________________________

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APPLICATION NO:P/2012 /0113

COMMUNITY:Rhosddu

WARD:Garden Village

LOCATION: 1 KENYON AVENUE WREXHAM LL11 2SP

DESCRIPTION:TWO STOREY SIDE EXTENSION INCLUDING RE-ROOFING TO FLAT ROOF AT REAR AND NEW ENTRANCE PORCH TO FRONT ELEVATION

APPLICANT(S) NAME:MR & MRS M BODEN

DATE RECEIVED: 15/02/2012

CASE OFFICER: LP1

AGENT NAME:MR M GRAY

_____________________________________________________________________

THE SITE

Semi-detached house in Acton.

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PROPOSAL

Two storey side extension including re-roofing to flat roof at rear and new entrance porch to front elevation.

HISTORY

None relevant.

DEVELOPMENT PLAN

Lies within settlement limit, policies GDP1, PS2 and Guidance Notes 16 and 20 apply.

CONSULTATIONS

Community Council: Consulted 17/02/2012Local Member: Notified 17/02/2012Site Notice: Expires 15/03/2012Other representations: One letter of objection received raising the

following points: The extension is to be two-storey which will

result in a completely different roof shape which would affect the neighbouring properties.

The two-storey element of the extension would seriously affect the amount and duration of sunlight to the garden of properties to the east.

SPECIAL CONSIDERATIONS

The site: The property is a semi detached, three bedroomed house in a residential area. There have been no previous extensions and there is currently off street parking to the front of the house.

The proposal is for a two storey side extension to provide additional living space on the ground floor and an additional bedroom on the first floor.

Design and Amenity: The design of the extension is in keeping with the existing house, the first floor of the extension is set back from the front of the house to ensure that the extension appears subsidiary to the existing house.

The extension passes the BRE tests in relation to the neighbouring dwelling and there will be no overlooking or overshadowing to houses.

The extension may affect the amount of sunlight to the rear of gardens to the east; however this is not a planning consideration as the house itself will not be affected.

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Other Considerations: The parking to the front of the property is not affected by the proposed extension. There is an increase in number of bedrooms at the property; however this will not require an increase in the number of parking spaces. The property lies less than 100 metres from the local shops and bus stop. This means that the house is within walking distance of local amenities and facilities.

Conclusion: The proposed extension is acceptable in terms of size and design and will not adversely affect the neighbouring properties and 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 materials matching those used on the existing building.

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.

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.

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).

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· 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 /0118

COMMUNITY:Llangollen Rural

WARD:Llangollen Rural

LOCATION: FRON HOUSE CANALSIDE FRONCYSYLLTE WREXHAM LL20 7RB

DESCRIPTION:CHANGE OF USE OF PART OF GROUND FLOOR AND GARDEN TO PROVIDE SEASONAL TEA ROOM ESTABLISHMENT AND DISABLED WC

APPLICANT(S) NAME:MR & MRS MICHAEL CUNNAGH

DATE RECEIVED: 16/02/2012

CASE OFFICER: SJG

AGENT NAME:MR MALCOLM SUTCLIFFE

_____________________________________________________________________

THE SITE

The site is on the south side of the canal below the A5.

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PROPOSAL

As above.

RELEVANT HISTORY

None on dwelling.

DEVELOPMENT PLAN

The site lies within the settlement limits and within Froncysyllte Conservation Area and the World Heritage Buffer Zone. Policies PS1 PS2 EC7 EC11 T8 and GDP1 of UDP are relevant, together with LPGN 4 Conservation Areas, 9 A3 uses and 16 parking and cycling.

CONSULTATIONS

Llangollen Rural C Council:Unable to support this application1. Disruption will be caused by up to 56 visitors extending the time they spend in Fron, should they choose to travel to Fron in vehicles rather than be walkers breaking their journey. The access to the property is on a steep hill and increased traffic would cause dangers to pedestrians.2. There is very limited on street car parking in Fron. The small car park at the canal bend is heavily oversubscribed during the season as it provides for the users of the permanent moorings alongside the canal as well as for visitors, and acts as a coach drop-off point.

Local Member: Consulted 20/2/2012Highways No objections subject to conditions to control

advertising and retain the parking for the existing dwelling

Public protection No commentsBritish waterways No objectionsEnvironment Agency No commentsCCW No objectionSite Notice: Expired 14/3/2012Other representations: Adjoining occupiers notified 21/2/2012. No

comments received

SPECIAL CONSIDERATIONS/ ISSUES

The property is very close to the aqueduct and parking area at Canalside. The proposal is to open a tea shop in part of the dwelling, with an external seating area. In pre-application correspondence the highway authority accepted that most access to the site will be by foot as the area is popular

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with coach parties, as a brief stop-off on many routes. A mobility toilet is proposed, accessed from the outside. The applicant states that a sign is proposed on the railings overlooking the canal.

Conservation: There are no objections to the proposed change of use of part of the building or to the small extension to accommodate the WC. Further details have been supplied to meet conservation requirements. The location and design of signage will need to be carefully considered given the highly sensitive nature of the area.

Highway safety: There is very limited parking available for the World Heritage site in this location. However visitors do come to the aqueduct and the provision of a useful facility for visitors need not add to traffic problems, providing car parking at the site is not publicised and retained for use by the dwelling. It is likely that visitors will access the property on foot, either from car parks on this side or the other side of the aqueduct or from a coach drop-off point. The highway authority has expressed concern that advertising could attract visitors if visible from the A5.

Amenity: A restriction to prevent a take-away or pub use is necessary in view of the location within a residential area and the requirements of LPGN9 relating to proximity to a primary school. Opening times restrictions are also appropriate and justified.

Conclusion: The proposed tea room will provide a useful amenity for visitors to the World Heritage Site.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered Fron 1 as amended by agent's email and details dated 03/03/2012 and contained within the application documentation.3. The premises shall be used as tea room purposes only and shall not be used for any other purposes including any other use within Class A3 of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment).4. No use of the development shall be made before 10.00 am or after 16.30 pm hours on any day.5. No customer parking shall be provided at the site.6. No facing or roofing materials shall be used other than materials matching those used on the existing building.7. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (or any Order revoking and re-enacint that Order with or without modification) no advertisement shall be

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displayed on the premises or within the site without the prior written approval of the local planning authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure that the development fully complies with the appropriate policies and standards.3. In the interest of highway safety and the amenities of the occupiers of nearby properties.4. To ensure that the team room is not used at a time which would be likely to cause nuisance or disturbance to nearby residents.5. In the interests of highway safety.6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

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

You are advised that the premises should comply with the relevant Food Hygiene Legislation, and you are advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

If it is proposed to provide any illuminated sign then this will require the separate written consent of this Council in order to comply with the Town and Country Planning (Control of Advertisements) Regulations, 1992.

The Equality Act 2010 applies to this development, and brings anticipatory and reactive duties for service providers, premises owners and public bodies. Relevant sections are:-3) Service and Public Functions4) Premises5) WorkWith regard to the sign for the business, a vinyl fabric sign would not be appropriate in this situation. A more traditional approach such as a timber framed painted sign would be acceptable. Details should be supplied to meet the requirements of condition 7._____________________________________________________________________

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APPLICATION NO:P/2012 /0123

COMMUNITY:Cefn

WARD:Cefn

LOCATION:DRUIDS FC STADIUM THE ROCK ROCK ROAD RHOSYMEDRE WREXHAM LL14 3YF

DESCRIPTION:VARIATION OF CONDITION NO 4 OF PLANNING PERMISSION CODE NO P/2008/1080 TO ALLOW CAR PARK TO BE USED FOR CAR PARKING AND AND TRAINING / GAMES AREA

APPLICANT(S) NAME:MR JOHN DAVIES CEFN DRUIDS FC

DATE RECEIVED: 17/02/2012

CASE OFFICER: PF

AGENT NAME:MR R BENNETT

_____________________________________________________________________P/2012 /0123THE SITE

SITE (car park)

Pitch

Nearest noise sensitive receptors

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PROPOSAL

This proposal is a relaxation of condition application to allow the use of the existing car park at the Cefn Druids football club to be surfaced with a tarmacadam finish and used for training purposes on none match days.

HISTORY

P/2008/1080 Replacement football club including erection of 500 seater stadium, clubhouse, TV gantry and ancillary works. Granted 27.04.2009

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1, T8 and Local Planning Guidance Notes 16 refer.

CONSULTATIONS

Community Council: SupportLocal Members: Notified 20.02.2012Site Notice: Expired 13.03.2012Highways: No objection subject to a condition to allow an

element of parking provision during training sessions and to prevent training sessions during match days.

Public Protection: Request additional information for any floodlighting and hours of use restriction condition.

Wrexham Access Group: Consulted 20.02.2012Sports Council for Wales: Consulted 24.02.2012Other representations: 52 neighbouring occupiers / interested parties

notified. 1 representation received raising the following points: The proposal will result in additional parking

pressures in Rhosymedre, particularly Rock Road;

Users will not park on the car park during training sessions as people will be concerned about their cars being damaged;

The access road is not wide enough if cars park along it causing emergency access problems;

Training should be restricted to 0900 and 2100 hrs daily.

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SPECIAL CONSIDERATIONS/ISSUES

Background: Planning permission was granted in 2008 for the relocation of the Cefn Druids Football Club to this site. A condition of this approval was that the car park should be retained solely for the parking of motor vehicles. This proposal seeks to relax this condition so that the parking area can be used for training purposes when it is not required for car parking during match days.

Amenity: The principle of the use of the site for recreational purposes has been established through the grant of the 2008 planning permission. The main issue to consider is whether the use of the northern part of the site for training purposes will have a detrimental impact upon any neighbouring occupiers. The nearest noise sensitive property is some 50m to the south west from the car park boundary and elevated 20m above. There are existing flood lights around the pitch and standard lighting around the car park which have been subject to previous assessment and approval. Whilst no floodlighting has been proposed as part of this planning application I would suggest that a condition would be required to approve the detail of any floodlighting prior to it being erected on site.

The existing planning permission restricts the use of the existing floodlighting up until 2200hrs on any day and the use of the club house until 0000hrs on any day. There is the potential to use the car park for training purposes later given that there are no restrictions on the timing of the car park lighting. I would suggest that a condition to restrict the use of the car park up until 2200hrs should strike a reasonable balance given the restrictions imposed upon the existing football pitch. I consider the impact upon the amenity of the adjacent properties would be minimal.

Highway safety: The applicant has confirmed that the car park would only be required for training purposes and associated activities on none match days. On this basis, the traffic demand for the site is unlikely to be at such a level that the users making their way to the site by car will be displaced outside the site.

However, there will still be an element of traffic on the site during non match days which is likely to be limited to those attending the training sessions. The area designated for car parking purposes extends to an area of approximately 0.3 hectares. I am satisfied that the number of visitors to the site during the training sessions will not exceed a level that would mean that on site parking provision could not be accommodated along side the training activities. I propose conditions of any approval to limit the use of the car park for training sessions on non match days only and for additional information to be submitted fully detailing an area of parking provision during training sessions and associated activities.

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Conclusion: I am satisfied that the use of the car park for the additional training purposes will not cause additional harm to the amenity of the neighbouring occupiers or highway safety. I recommend accordingly subject to the following conditions.

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 car park area shall be surfaced in materials identified in the application documentation unless otherwise agreed in writing by the local planning authority.3. No other use of the car park identified on the approved plan shall be made other than the parking of motor vehicles until a scheme has been submitted to and approved in writing by the Local Planning Authority fully detailing the layout of the proposed training/games area and parking area. The scheme shall include for an allocation of parking spaces to be provided within the application site during the use of the car park for training/games activities.4. The parking layout as submitted in relation to condition 3 shall be surfaced, fully laid out and drained prior to the first use of the development hereby approved and shall thereafter be permanently retained and kept free of any obstruction for the parking and turning of vehicles.5. There shall be no use of the application site as a training facility/games area when the stadium is being used for a sporting event. For the avoidance of doubt the car park shall remain free of obstruction and be solely used for the parking of motor vehicles on match days.6. No use of the application site shall be made for a training/games area before 0700 hrs or after 2200 hrs on any day.7. No additional floodlighting shall be installed unless otherwise agreed in writing by the Local Planning Authority.8. The use of the existing floodlights shall be restricted solely for matches and other football related activity and shall not be used before 0700 hrs or after 2200 hrs on any day unless otherwise agreed in writing by the Local Planning Authority.9. No use of the clubhouse shall be made before 0700 hrs or after 0000 hrs on any day.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.3. To ensure that sufficient off street parking is retained on the site in the interests of the amenity of the surrounding occupiers and highway safety.

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4. To ensure that sufficient off street parking is retained on the site in the interests of the amenity of the surrounding occupiers and highway safety.5. To ensure that sufficient off street parking is retained on the site in the interests of the amenity of the surrounding occupiers and highway safety.6. To protect the amenities of the occupiers of nearby properties.7. To protect the amenities of the occupiers of nearby properties.8. To protect the amenities of the occupiers of nearby properties.9. To protect the amenities of the occupiers of nearby properties._____________________________________________________________________

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APPLICATION NO:P/2012 /0127

COMMUNITY:Gresford

WARD:Gresford East & West

LOCATION: 14 ORCHARD VIEW GRESFORD WREXHAM LL12 8NL

DESCRIPTION:SINGLE STOREY EXTENSION TO REAR OF PROPERTY

APPLICANT(S) NAME:MRS TINA SUTCLIFFE

DATE RECEIVED: 21/02/2012

CASE OFFICER: SEH

AGENT NAME:AIMEE JONES DESIGNMR AIMEE JONES

_____________________________________________________________________

THE SITE

PROPOSAL

As above.

HISTORY

None relevant.

Application Site

Proposed Extension

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DEVELOPMENT PLAN

The site is within settlement. UDP Policies PS2 and GDP1 apply. Local Planning Guidance Notes Nos. 20 ‘House Extensions’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Consulted 24.02.2012Local Member: Notified 24.02.2012Site Notice: Expired 19.03.2012Other representations: 1 representation received raising the following

points: Foundation detail in respect of footings; Proximity of extension to neighbouring

property; Assurances should be given that Building

Regulations will be obtained.SPECIAL CONSIDERATIONS

Design: The extension as proposed seeks to utilise matching materials and has been designed to be sympathetic to the character and appearance of the existing dwelling. A single high level window only is proposed for the side elevation which will avoid any loss of privacy to the dwelling in the south easterly direction. Adequate space around the development exists in accordance with the adopted separation standards, and I am satisfied that there will be limited opportunity for overlooking to occur and the development would not significantly impact upon the privacy of the occupiers of the surrounding dwellings. In addition, adequate separation has been demonstrated and the proposal will not cause any significant loss of daylight to the detriment of the neighbouring occupiers.

Other Matters: Other matters have been raised in relation to construction methods etc; however these are not relevant planning considerations. These matters are governed by separate legislation and will be considered as part of any building regulations approval and by the Party Wall etc. Act 1996. The applicant will be advised of these responsibilities.

Conclusion: I consider the extension to the dwelling to be acceptable in terms of scale and design, and there would be no significant impact upon local visual or residential amenity. The development is in accordance with the Council’s adopted policy and guidance and 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 materials matching those used on the existing building.

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.

NOTE(S) TO APPLICANT

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

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

The accuracy of the detailed plans and drawings forming part of the application documents hereby approved shall remain the responsibility of the applicant/developer.

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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APPLICATION NO:P/2012 /0139

COMMUNITY:Caia Park

WARD:Smithfield

LOCATION: 84 SMITHFIELD ROAD WREXHAM LL13 8EP

DESCRIPTION:USE OF EXISTING COMMERCIAL PREMISES AS PIZZA AND KEBAB TAKEAWAY

APPLICANT(S) NAME:MR AZIZ BUYUKDENIZ

DATE RECEIVED: 24/02/2012

CASE OFFICER: SEH

AGENT NAME:HERITAGE PLANNING CONSULTANCYMISS ANNE LLOYD MORRIS

_____________________________________________________________________

THE SITE

The building is located at No. 84 Smithfield Road, Wrexham, and is currently vacant with the last known use being an A1 shop (greengrocers).

PROPOSAL

As above.

Application Site

Access to rear of site

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HISTORY

None Relevant.

DEVELOPMENT PLAN

Within defined settlement limit. UDP Policies PS2, PS4, GDP1, and T8 apply. Local Planning Guidance Nos. 9 ‘Hot Food Take-Aways’ and 16 ‘Parking Standards’ are also relevant.

CONSULTATIONS

Community Council: Whilst there are no objections to the re-use of this commercial premises, there are concerns in relation to the traffic generation and parking availability. Particular concern during the daytime hours when there is likely to be more conflict with the traffic generation associated with the existing local businesses.

Local Members: Notified 01.03.2012 Highways: The proposed use has a lesser parking demand

than the existing shop. No objections to the proposed development on highway safety grounds.

Public Protection Consulted 01.03.2012Access Group: Consulted 01.03.2012Site Notice: Expired 22.03.2012Other Representations: 5 letters of objection and 1 petition received (46

signatures) raising the following: Impact upon the character and appearance

of the area; Changing the character of the residential

nature of the area in the direction of commercial interests to the detriment of residential amenity;

The premises has been unused for decades and the amenity has gone away;

The business will be over dominate and the late hours of use will impact upon residential amenity;

Noise, odour, litter and pests; Undesirable customers and the hooligan

element will be attracted; Smithfield Road is a busy and congested

route from Caia Park to eagles Meadow and the parking issues will be compounded by the take-away;

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A number of collisions between parked cars and moving vehicles have already occurred in this area;

Car park on the footway and this will get worse to the detriment of pedestrian safety;

There is already a take-away here; Negative impact upon the environment

because of the waste generated; Fire risk.

SPECIAL CONSIDERATIONS / ISSUES

Background: The building which has been empty for a number of years was previously used as a shop (Use Class A1) on the ground floor with residential flat above. There has been no intervening since closure of the premises and now proposed is the change of use of the ground floor to a pizza and kebab take-away. There are no external alterations to the building proposed as part of the scheme. In accordance with LPGN 9 (Hot Food Take-Aways) the take-away would not be within 400 metres of a school. The main issues to consider relate to impact of the development upon local residential amenity and upon highway safety.

Highways: The proposed development site is located on Smithfield Road which is a classified road subject to a 30 mph speed limit. However, due to the existing traffic calming measures typical vehicle speeds are considered to be 25mph. There are double yellow lines in place fronting the development site, and around the junctions of Smithfield Road with Bertie Road and with Palmer Street.

There is currently a significant parking problem in this area of the town, and there is no off-road parking associated with the existing shop. However given the limited public floor area proposed for the take-away, and in accordance LPGN No.16 (Parking Standards), the change of use to a take-away would not have a greater parking requirement than the existing shop. The proposed use therefore would not lead to an increase in indiscriminate parking over and above the existing lawful use.

A letter from the adjacent business owner has been submitted as part of the application which confirms that customers visiting the take-away will be permitted to use the parking forecourt which has 6 no. parking spaces. This arrangement, though an informal one, is considered to be beneficial in reducing conflict between commercial and residential parking during the evening when residents are considered more likely to be utilising the surrounding streets. That being said though I think it more likely that customers will be local to the premises and will arrive on foot rather than by car.

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Amenity: There are residential properties close to the site and so details of extraction/odour control measures are required in order to ensure that the impact of cooking odour upon the surrounding dwellings is limited. The submission of these details and installation of the equipment will be required by condition. It is also important to secure proper storage facilities for the waste generated by the take-away to further protect residential amenity.

The existing shop is not restricted in any way with regards to opening hours and could, in principle, be opened for 24 hours on any day. However, given the proximity of the proposed take-away to residential properties, it is considered appropriate to restrict the hours of opening to between 5.30 pm and 11 pm Monday to Saturday, and between 5.30 pm and 10.30 pm on a Sunday and Bank Holiday. These hours accord with the advertised hours of opening of ‘Rainbow House’ take-away (except that the proposed takeaway will close earlier on Sundays and Bank Holidays) on the opposite corner of Bertie Road and Smithfield Road, and this will also be secured by planning condition.

Conclusion: The proposal offers the opportunity to bring the commercial premises back into use. On balance, the proposed use is not considered to give rise to an increase in indiscriminate on street parking over and above the existing lawful use and the development would not lead to significant highway safety issues. The change of use is acceptable in terms of the impact upon local residential amenity and community health, and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.2. The use hereby granted permission shall not commence until the means of ventilation for the extraction and dispersal of cooking smells has been submitted to and approved in writing by the Local Planning Authority. The equipment shall thereafter be installed in strict accordance with these details as are approved prior to first use of the premises and be permanently retained in an effective and operational condition.3. The rating level of any noise generated by reason of this development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at 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 extent of the floor area to be used by the public/customers shall be restricted to that area shown on the approved plan and the size of this area shall not be increased. There shall be no additional public/customer floor area provided externally on any part of the site.

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5. Notwithstanding the details contained within the approved application documentation, no use of the development shall be made before 5.30 p.m. or after 11.00 p.m. Monday to Saturday, or before 5.30 p.m. or after 10.30 p.m. on a Sunday or Bank/Public Holiday.6. No part of the development shall commence until a scheme for an external waste storage area for use in connection with take-away has been submitted to and approved in writing by the Local Planning Authority. The storage area shall thereafter be fully implemented prior to first use of the development, and the waste generated by the take-away shall only be stored in accordance with the approved scheme.

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. The premises are closely adjoined by residential properties and it is considered necessary to strictly control the nature and intensity of the use of the premises in the interests of the amenities of the area.5. The premises are closely adjoined by residential properties and it is considered necessary to strictly control the nature and intensity of the use of the premises in the interests of the amenities of the area.6. The premises are closely adjoined by residential properties and it is considered necessary to strictly control the nature and intensity of the use of the premises in the interests of the amenities of the area.

NOTE(S) TO APPLICANT

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

This permission does not by itself authorise the performance of any proposed acts of work materially affecting the external appearance of the premises, which proposals, if any, shall form the subject of a further submission to the Local Planning Authority.

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

Guidance on best management practice for catering outlet for the dispersal of fats, oils, grease and food waste, as issued by Water UK is available by contacting the Council's Housing and Public Protection Department on 01978 813700 for further advice and information

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You are advised that the premises should comply with the relevant Food Hygiene Legislation, and you are advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

You are advised that the separate written consent of the Council must be obtained in respect of any proposed illuminated or projecting sign.

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APPLICATION NO:P/2012 /0153

COMMUNITY:Llay

WARD:Llay

LOCATION: CROWN INN GRESFORD ROAD LLAY WREXHAM LL12 8RL

DESCRIPTION:ERECTION OF SIGNS

APPLICANT(S) NAME: MARSTONS PLC

DATE RECEIVED: 29/02/2012

CASE OFFICER: MP

AGENT NAME:SIGN SPECIALISTS LTDMRS DEBORAH PITT

_____________________________________________________________________

THE SITE

As above.

PROPOSAL

Consent is sought to display 6 signs:

- 1 externally illuminated sign on single storey north elevation comprising of individual letters of the word ‘The Dormouse’;

Proposed signs

Extension (under construction)

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- 2 externally illuminated signs on the chimneybreast of the east elevation. One will be individual letters of the word ‘The Dormouse’ and the other a corporate name and logo;

- 1 non-illuminated corporate name/logo sign on an east facing single storey extension currently under construction;

- 1 x 5.6m high externally illuminated totem sign located in the northern corner of the site;

- 1 x 2.2m high externally illuminated free standing sign adjacent to the access to the car park.

HISTORY

Most recent relevant history is for an extension to the public house:

P/2011/0815 Alterations to public house incorporating ground floor extensions, formation of ancillary managers accommodation at first floor and extension to existing car park. Granted 1.2.2012.

DEVELOPMENT PLAN

Within settlement limit. Policy PS2 is applicable. National guidance on the control of outdoor advertisements is provided by Technical Advice Note 7.

CONSULTATIONS

Community Council: No observations.Cllr Malcolm Williams: Objects due to name change of public house.Cllr Peter Davies: Notified 5.3.12Highways: Consulted 5.3.12Site Notice: Expired 28.3.12Other Representations: Nearby occupiers notified 6.3.12

SPECIAL CONSIDERATIONS

Extent of control: Control over the display of outdoor advertisements is exercised only in respect of:

a) the interests of the impact a sign will have upon the visual amenity of the area where a sign is displayed; and

b) the in the interests of public safety – the impact a sign will have on the safe operation of a form of transport.

Amenity: With the exception of the sign proposed for the extension and the signs on the building replace existing ones and will be broadly comparable in

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terms of appearance and size. The proposed signs are generally reflective of those displayed on public houses, are not unduly prominent and do not result in unattractive clutter or excessive signage.

The sign proposed for the extension is small (300m x 145mm) and will not harm the appearance of the building or wider area.

A proposed totem sign will be in a similar location to an existing one will be of a similar height bur will be slightly bulkier as it will consist of two horizontal posts 1.25 metres apart with sign boards in between. The existing sign consists of a single vertical post with a sign board at the top. Despite the differences, the proposed sign will not be unduly large or prominent and as such will not prove intrusive.

The proposed free standing sign will, taken together with the totem sign, result in two free standing signs within the site. However given that the site has two long highway frontages and that the signs will be a reasonable distance apart (nearly 30 metres), they will not result in a proliferation of this type of signage within the site and will not harm amenity.

The means of illumination of the signs is discreet and appropriate to the type and size of signage proposed.

Public Safety: The totem sign is in a similar location to the existing one but due to being of a bulkier design it could impede visible from a vehicular access to a service/staff parking area immediately to the west of the public house.

The other free standing sign will be located in the existing car park and will not impede visibility from any vehicular access. However it is unclear whether the proposed sign will result in the loss of parking spaces.

I have contacted the agent about these two matters. Nevertheless I am confident that they can be overcome with minor amendments to the positions of the signs should that prove necessary.

Other Matters: The existing or proposed name of a building is not a material consideration when considering applications for consent to display signs because the Local Planning Authority’s controls over the display of outdoor advertisements does not extend to the content of any proposed signs. Whilst I appreciate the concerns expressed about the proposals to change the name of The Crown Inn to The Dormouse this would not be a valid reason to refuse consent for the proposed signs.

Conclusion: The proposed signs are acceptable in respect of amenity. Whilst it is not completely clear that the totem and free standing signs will be sited so as not to impede visibility or parking spaces, I am satisfied that, subject to clarification or minor amendment, the proposals will not adversely impact upon public safety.

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RECOMMENDATION

That the Head of Community Wellbeing and Development be given delegated authority to grant advertisement consent upon submission of details that resolve the outstanding matters regarding highway safety.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission.5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).6. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 200 candelas/sq.m.7. The signs shall not be illuminated by intermittent or flashing lighting.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992.6. In the interests of the visual amenities of the area.7. In the interests of the visual amenities of the area and the safety of the users of the adjoining highway(s)._____________________________________________________________________

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APPLICATION NO:P/2012 /0162

COMMUNITY:Brymbo

WARD:Brymbo

LOCATION: 2 ST ALBANS HEIGHTS TANYFRON WREXHAM LL11 5SD

DESCRIPTION:TWO-STOREY SIDE EXTENSION

APPLICANT(S) NAME:MR & MRS STEVEN MOORE

DATE RECEIVED: 05/03/2012

CASE OFFICER: LP1

AGENT NAME:STAINSBY DESIGNMR BRIAN MOORE

_____________________________________________________________________

THE SITE

Semi detached property in Tanyfron.

PROPOSAL

Two-storey side extension.

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HISTORY

None relevant.

DEVELOPMENT PLAN

Lies within settlement limit, Policies GDP1, PS2 and Guidance Notes 16, 20 and 21 apply.

CONSULTATIONS

Community Council: Consulted 08/03/12Local Member: Notified 08/03/12Site Notice: Expired 02/04/12Other representations: One letter of objection received raising the

following points: The proposed extension will result in the

neighbouring properties being enclosed. The design of the property would be

different to those in the cul-de-sac and would not be in keeping with the street scene.

The extension would result in overlooking to the neighbouring gardens.

If this extension gets permission it would lead to the property being extended more.

SPECIAL CONSIDERATIONS

The site: The property lies at the entrance to a cul-de-sac in Tanyfron. It is a semi detached property with the adjoining house lying at right angles to this house. The property is pebble-dashed and the majority of other houses in the area being brick built.

The proposal is for a two storey side extension as shown on the above plan, with a car port on the ground floor with an additional bedroom at the first floor. The first floor windows will be in the front and rear elevation of the property.

Design and Amenity: The design of the property is in keeping with the existing building, the frontage of the building will not be unduly lengthened due to the layout of the two semi detached houses.

The current separation distance between this house and the one directly to the north (No. 3) is 13 metres; this will be reduced to 10 metres as a result of this extension. This is less than the recommendation in Guidance Note 21, however in this instance I consider it would be acceptable. The ground floor windows of No. 3 are already affected by a single storey garage in the rear

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garden and the extension would have no additional impact on these windows. The proposal passes the 25° BRE test in relation to the first floor windows and as No. 3 lies slightly higher than the application site and the property faces due south there will be no loss of light.

Whilst the proposed extension would bring the house closer to No. 3 the outlook of this property is already compromised by the existing garage and there would be no additional overbearing impact created.

There is an existing side facing first floor window in the property; this would be removed reducing the loss of privacy for the properties immediately to the north.

The proposed rear facing bedroom window would result in minimal overlooking to the gardens of nearby properties. Those closest lie at right angles to the proposed window which would reduce overlooking, properties directly to the rear would lie 22 metres away, a distance which is considered to be adequate for separation standards.

Other considerations: There is sufficient space at the property for 3 off street parking places, providing adequate space for the number of bedrooms.

Any additional extensions to the property would require planning permission and would be considered on their own merits should an application be received.

Conclusion: The proposed extension is acceptable in terms of design and will not adversely affect neighbouring properties and 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 materials matching those used on the existing building.

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.

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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._____________________________________________________________________

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APPLICATION NO:P/2012 /0176

COMMUNITY:Broughton

WARD:Bryn Cefn

LOCATION: BRYN CELYN CASTLETOWN ROAD MOSS WREXHAM LL11 6DW

DESCRIPTION:FIRST FLOOR BEDROOM/EN-SUITE ABOVE EXISTING STUDY

APPLICANT(S) NAME:MR KEVIN BENNETT

DATE RECEIVED: 08/03/2012

CASE OFFICER: SEH

AGENT NAME:MR KEVIN BENNETT

_____________________________________________________________________

THE SITE

PROPOSAL

As above.

Proposed extension

Existing Garage

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HISTORY

P/2003/1423 Garage and conservatory Granted 12/1/2004P/2006/0959 Re-siting and decrease in size of

garage (amendment to previous consent granted under Code No. P/2003/1423)

Granted 9/10/2006

P/2012/0051 First floor bedroom/en-suite above existing study

Withdrawn 5/3/2012

DEVELOPMENT PLAN

The site is within settlement. UDP Policies PS2, GDP1 and T8 apply. Local Planning Guidance Notes Nos. 16 – Parking Standards, 20 – House Extensions and 21 – Space around Dwellings are relevant.

CONSULTATIONS

Community Council: Consulted 13.03.2012Local Member: Notified 13.03.2012Site notice: Expired 02.04.2012Other representations: 4 neighbouring occupiers notified. 1 verbal

representation made in response to the notification on the previous application (P/2012/0051): Extension will over dominate the adjacent

property and cause a significant loss of daylight.

SPECIAL CONSIDERATIONS

Background: An application (P/2012/0051) was submitted in January this year for a first floor extension. However, following discussions relating to concerns with the scale and design of the extension the application was withdrawn. This resubmitted scheme reflects the pre-application discussions which subsequently took place, and the main issues to consider relate to the impact of the development upon local residential and visual amenity.

Design: The extension as proposed seeks to utilise matching materials and has been designed, by way of lower ridge height and set back from the front elevation, to be sympathetic to the character and appearance of the existing dwelling.

Amenity: There are no windows proposed for the side elevation which will avoid any loss of privacy to the dwelling in the north easterly direction. Adequate space around the development exists in accordance with the adopted separation standards, and I am satisfied that there will be limited opportunity for overlooking to occur and the development would not significantly impact upon the privacy of the occupiers of the surrounding

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dwellings. In addition, the proposal will not cause a significant loss of daylight to the detriment of the neighbouring occupiers.

Conclusion: I consider the extension to the dwelling to be acceptable in terms of scale and design, and there would be no significant impact upon local visual or residential amenity. The development is in accordance with the Council’s adopted policies and guidance and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.2. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the building facing north east.3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation.

REASON(S)

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

NOTE(S) TO APPLICANT

The accuracy of the detailed plans and drawings forming part of the application documents hereby approved shall remain the responsibility of the applicant/developer.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows:- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal;

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- Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information._____________________________________________________________________

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APPLICATION NO:P/2012 /0179

COMMUNITY:Offa

WARD:Hermitage

LOCATION:SITE OF FORMER HIGHTOWN FLATS LAND WEST OF KINGSMILLS ROAD HIGHTOWN WREXHAM LL13 7YB

DESCRIPTION:NEW COMMUNITY RESOURCE CENTRE AND ASSOCIATED EXTERNAL WORKS

APPLICANT(S) NAME:MR CRAIG SPARROW WALES & WEST HOUSING ASSOCIATION

DATE RECEIVED: 09/03/2012

CASE OFFICER: MP

AGENT NAME:ISP ARCHITECTS LTDALISON JONES

_____________________________________________________________________

THE SITE

As above.

Application site

Site with permission for 92 dwellings

Existing community centre

and clinic

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PROPOSAL

The proposed development will deliver a new community resource centre incorporating a community centre (D2 use), clinic (D1 use) and first floor offices (B1 use) and associated parking. This building is intended to replace the existing clinic and community centre located opposite the junction of Brynycabanau Road and Saxon Street which is due to be demolished to make way for the housing development recently granted planning permission.

HISTORY

P/2010/0583 Outline Application For Residential Development. Granted 4.10.2010

P/2011/0854 Demolition Of Existing Community Resource Centre, Erection Of 92 Dwellings To Comprise A Mix Of Houses And Flats And Formation Of Vehicular And Pedestrian Accesses. Granted 5.3.2012.

DEVELOPMENT PLAN

Within settlement limit for Wrexham. Policies PS2, PS3, PS5, GDP1, EC4, CLF5, T8 and T9 apply.

Relevant supplementary planning guidance is provided by:

Hightown Site Planning Brief adopted in October 2011;

Local Planning Guidance Note 16 Parking

CONSULTATIONS

Community Council: Consulted 13.3.12Ad Community Council (Caia): Consulted 13.3.12 Local Member (Cllr James): Notified 13.3.12Adjoining Local Members (Cllrs Jones & Gregory): Notified 13.3.12Highways: Consulted 13.3.12 Public Protection: Consulted 13.3.12 Welsh Water: Consulted 13.3.12 Site Notice: Expired 2.4.12Other Representations: Nearby occupiers notified 13.3.12

SPECIAL CONSIDERATIONS

Background: Members will recall they resolved to grant full planning permission for 92 houses and flats on the site of the former Hightown Flats in February (ref: P/2011/0854) and permission was subsequently granted in early March following the completion of a Planning Obligation. The demolition of the existing residential clinic/community centre was approved as part of that

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development in order to make way for the proposed dwellings. A condition attached to the permission prevents the demolition proceeding until a replacement facility has been provided.

The application for the housing development initially included proposals for a new Community Resource Centre (CRC) at the northern end of the site, however they were withdrawn so that the design of the building could be finalised. Permission is therefore now sought for the CRC.

Policy: There are no specific policies that deal with this type of development although the need for the CRC is identified in the approved Hightown Planning Brief. The site lies within the settlement and is not allocated for any other specific use in the UDP, therefore, subject to the development being of an appropriate standard in terms of siting, design, safe access and adequate parking there is no policy objection in principle.

The Hightown Site Planning Brief included a requirement for a new clinic and community centre with approximately 300 square metres of floor space comprising of a health centre of 100 square metres with 3 consulting rooms of 18 square metres as well as ancillary floorspace and a community centre with a floor area of approximately 200 square metres.

The proposed development will provide the following:

i) a building with a gross floor area of 623 square metres;ii) a clinic of 162.5 square metres comprising of 3 consulting rooms of

15.5 square metres, a treatment room of 15.5 square metres, reception and waiting areas, an ancillary office and staff facilities;

iii) a community centre with a floor area of 260.5 square metres;iv) a first floor office above the clinic of 200 square metres.

The proposals generally exceed the requirements of the brief although the consulting rooms are marginally smaller than that specified in the brief. The design of the building has been finalised in consultation with its intended users/occupiers therefore I am satisfied it will adequately cater for their needs so do not intend to require any changes to the size of the consulting rooms.

There are currently no prospective tenants/users of the proposed first floor office space although this space has been provided to allow it to be used entirely independently of both the clinic and community centre. The provision of the office clearly exceeds the minimum requirements of the brief but I understand it has been proposed to provide flexibility in terms of the future use of the building.

The office is a welcome addition to the building in that it increases the value of the building to the local community by providing a modern space that could allow a small business or businesses to create employment opportunities in the area. Alternatively the space could be used for a wide range of other

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uses, including space for additional community organisations to use or space for the community centre or clinic to expand should that be required.

Uses other than those falling within use class B1 (or B8 Storage and Distribution use as there are permitted development rights to change between B1 and B8) would require planning permission but provided the impacts of those uses were comparable to a B1 use, there is should be no reason why they could not be supported.

Layout and design: The building will be located at the northern end of the site and frontages facing both Kingsmills Road and Brynycabanua Road as well as the junction of those two roads. There will be an area of open space to the north of the building providing an attractive landscaped setting as well as a functional outdoor area that can be used in conjunction with the community centre. The public open space contributes to the total provision for the whole development (housing scheme and CRC scheme combined) however the area surrounding the CRC will be maintained by the applicants rather than being adopted by the Council.

The building will be of an attractive contemporary design that will clearly distinguish it from the residential development to be built immediately to the south and is appropriate for this prominent location.

Amenity: The Community Resource Centre building is far enough away from nearby properties so as not to impact upon the amenity of nearby residents. The uses proposed for the building are also appropriate to a predominantly residential area and as such are unlikely to give rise to significant disturbance.

Access/Parking: A total of 14 spaces parking spaces are to be provided for the Community Resource Centre. LPG16 standards would allow a maximum of 33 spaces (17 spaces for the community centre, 9 for the clinic and 7 for the offices) however it is unlikely the maximum will be required in this instance.

It is envisaged that the offices and clinic facilities will be used during the day where as the community centre will be mainly used during the evenings. This reflects the patterns and times of use of the existing facilities and as such it will therefore be possible for all three uses to share a parking area. Based on LPG16 standards the maximum provision is 16 spaces for the daytime uses and 17 spaces for the evening uses. Whilst 14 spaces is still fewer than the maximum in both instances it is not significantly or unacceptably so.

The LPG16 maximum parking provision for the existing clinic and community centre is comparable to of the proposed CRC yet there are only 6 parking spaces dedicated to be used in conjunction with the former and no dedicated parking provision at all for the latter. The proposed development represents a significant improvement (133% increase) in car parking provision. Furthermore, the Community Resource Centre will be a local facility primarily serving the local area. It is ideally located for local people to travel to it by

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means other than the private car. I am therefore of the opinion that the proposals will not cause or increase parking issues in the locality.

Trees: The most prominent and important trees on the site will be retained and will be integrated into the proposed area of public open space. New planting will also provided. Landscaping and boundary treatment will be required by conditions and I would expect these be addressed in a single scheme submitted for this development and the adjoining housing development.

Conclusion: The consultation period for the application does not expire until 10 April 2012. I believe I have addressed all key issues associated with this development and therefore conclude that the proposals accord with UDP policies.

RECOMMENDATION

That the Head of Community Wellbeing and Development be given delegated authority to grant planning permission upon expiry of the publicity period provided no new issues to those covered in the report are raised and subject to the conditions below:

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.3. No part of the development shall commence until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in strict accordance with the details as approved. Those details shall include:i. a timetable for its implementation, and ii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.4. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following:1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2005;

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2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted;3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees;4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires;5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority;6) Method for protecting retained trees during demolition works;7) Details of all proposed tree works, including felling and pruning.

5. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority.6. The landscaping scheme submitted and approved in connection with condition no. 08 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme.7. The landscaping scheme as carried out in connection with condition no. 09 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 8. A 3m wide combined footway and cycleway shall be provided along the full frontage of the site with Kingsmills Road to the junction of Kingsmills Road and Brynycabanau Road. The footway shall be constructed to a standard suitable for Highways adoption and shall be completed in full prior to the first use of the building hereby granted permission.9. The building hereby granted permission shall not be used until the estate road and footway adjoining the vehicular and pedestrian access to the development, as shown on approved drawing no. 6791/L(09) 07, has been constructed to base coat standard from Brynycabanau Road and across the full frontage of the site subject to this permission.10. 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.11. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

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 satisfactory drainage of the site and to avoid flooding.4. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s).5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.8. To provide an adequate pedestrian/cycleway link from the development site.9. To ensure adequate means of access to the development is provided prior to first occupation/use.10. To protect the amenities of the occupiers of nearby properties.11. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

The landscaping scheme required by condition 05 shall include full details of all boundary treatment, a planting specific for all soft landscaping and full details of the landscaping of the areas of public open space.

The applicant is advised that compliance with condition no. 10 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.

Applicants are advised that compliance with condition no. 11 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.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 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.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

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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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

LIST OF DELEGATED DECISIONS ISSUED

WRO P/2011/0677GRANTEDon 20/03/2012

50 BRIDGE STREET WREXHAM LL13 7HP

RELAXATION OF CONDITION 9 OF PLANNING PERMISSION CODE NO. P/2005/0695 TO RELOCATE PARKING SPACE

WRA P/2011/0749WITHDRAWNon 23/02/2012

12 FFORDD DYFED WREXHAM LL12 7EF

CHANGE OF USE AND SUB-DIVISION OF SUPPORTED HOUSING TO TWO DETACHED BUNGALOWS

WRO P/2011/0854GRANTEDon 05/03/2012

SITE OF FORMER HIGHTOWN FLATS LAND WEST OF KINGSMILLS ROAD HIGHTOWN WREXHAM LL13 7YB

DEMOLITION OF EXISTING COMMUNITY RESOURCE CENTRE, ERECTION OF 92 DWELLINGS TO COMPRISE A MIX OF HOUSES AND FLATS AND FORMATION OF VEHICULAR AND PEDESTRIAN ACCESSES

ROS P/2011/0912GRANTEDon 24/02/2012

BABKEN STATION ROAD ROSSETT WREXHAM LL12 0HE

FIRST FLOOR EXTENSION OVER EXISTING GARAGE

WRR P/2011/0924GRANTEDon 04/03/2012

22 QUEEN STREET WREXHAM LL11 1AL

REMOVAL OF EXISTING SHOP-FRONT AND INSTALLATION OF NEW SHOP-FRONT

WRR P/2011/0928GRANTEDon 24/02/2012

MINERS INSTITUTE 6 GROSVENOR ROAD WREXHAM LL11 1DN

CHANGE OF USE OF WELFARE ROOMS ON FIRST AND SECOND FLOORS TO CREATE A 1 NO. THREE BEDROOM RESIDENTIAL FLAT

ISY P/2012/0004GRANTEDon 23/02/2012

JESSAMINE COTTAGE HOLT ROAD BOWLING BANK WREXHAM LL13 9RL

EXTENSION TO DWELLING

HOL P/2012/0018REFUSEDon 04/03/2012

WATERWAYS GARDEN CENTRE HOLT ROAD LLANYPWLL WREXHAM LL13 8NE

DISPLAY OF SECTION POTS BOTH SIDES OF ENTRANCE

WRR P/2012/0019GRANTEDon 24/02/2012

18 CHESTER STREET WREXHAM LL13 8BG

CHANGE OF USE OF EXISTING FIRST FLOOR RESIDENTIAL FLAT TO A MIXED USE OF OFFICES (A2) AND WELSH LANGUAGE CULTURAL CENTRE (D1), AND ERECTION OF FLUE.

GWE P/2012/0026GRANTEDon 13/03/2012

RAILWAY BRIDGE NO BRO 53 HIGHFIELD ROAD GWERSYLLT WREXHAM LL11 4US

LISTED BUILDING CONSENT FOR INSTALLATION OF DECK SOFFIT TIE BARS

ROS P/2012/0027GRANTEDon 07/03/2012

LILAC COTTAGE GOLLY ROSSETT WREXHAM LL12 0AL

MINOR EXTENSION TO EXISTING OUTBUILDING

PEN P/2012/0029GRANTEDon 07/03/2012

OGWEN HOUSE HALL STREET PEN Y CAE WREXHAM LL14 2RU

DEMOLITION OF EXISTING AND ERECTION OF NEW DWELLING AND GARAGE

CHI P/2012/0031GRANTEDon 09/03/2012

24 PEN Y WAUN CHIRK WREXHAM LL14 5NJ

SINGLE STOREY EXTENSION TO SIDE OF PROPERTY

GLY P/2012/0033GRANTEDon 09/03/2012

FIELD FORMERLY PART OF CAE MOR FARM CAE MOR ROAD BEDWLWYN WREXHAM LL20 7BE

ERECTION OF AGRICULTURAL BUILDING

BRY P/2012/0034GRANTEDon 24/02/2012

WESTMINSTER ARMS RUTHIN ROAD BWLCHGWYN WREXHAM LL11 5UT

CHANGE OF USE OF PUBLIC HOUSE TO DWELLING

WRC P/2012/0037GRANTEDon 13/03/2012

UNIT 2 BORDER RETAIL PARK HOLT ROAD WREXHAM LL13 8NG

APPLICATION FOR A CERTIFICATE FOR THE PROPOSED USE OF PART OF RETAIL WAREHOUSE FOR PET CARE AND TREATMENT FACILITY (NOT EXCEEDING 140 SQ.M)

LGC P/2012/0038GRANTEDon 13/03/2012

LLWYN ONN PLAS NANTYR ROAD GLYN CEIRIOG WREXHAM LL20 7NW

ALTERATIONS & EXTENSIONS

OVE P/2012/0039GRANTEDon 13/03/2012

TY NEWYDD CLOY LANE OVERTON WREXHAM LL13 0HR

FIRST FLOOR INFILL EXTENSION FOR BEDROOM AND OFFICE GROUND FLOOR ALTERATIONS

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

HOL P/2012/0042GRANTEDon 14/03/2012

GOURTON HALL BORRAS HALL LANE BORRAS WREXHAM LL13 9SH

ALTERATIONS AND EXTENSION TO EXISTING FARMHOUSE

HOL P/2012/0046GRANTEDon 07/03/2012

HOLT LODGE HOTEL WREXHAM ROAD HOLT WREXHAM LL13 9SW

PARTIAL DEMOLITIONS (PART OF FUNCTION ROOM AND SIDE ENTRANCE AREA) AND ADDITIONS/REARRANGEMENTS OF FUNCTION ROOM, PATIO, WCS AND ENTRANCE FOYER

WRO P/2012/0047WITHDRAWNon 06/03/2012

LAND ADJACENT TO AND WEST OF THE MITRE VAULTS PENTREFELIN WREXHAM LL13 7NB

ERECTION OF 4 STOREY BUILDING TO PROVIDE STUDENT ACCOMMODATION

MIN P/2012/0049GRANTEDon 24/02/2012

BT CABINET OUTSIDE MIN RHODFA MINERA HALL ROAD MINERA WREXHAM LL11 3YE

SINGLE BT TELECOMMUNICATION DSLAM CABINET PAINTED GREEN (DIMENSIONS 700MM X 1288MM HIGH X 400MM)

ABE P/2012/0052GRANTEDon 24/02/2012

9 MILLBROOK ROAD WREXHAM LL13 8JH

SINGLE STOREY REAR CONSERVATORY

LGC P/2012/0054GRANTEDon 28/02/2012

THE OLD TRAMWAY ENGINE HOUSE NEW ROAD GLYN CEIRIOG WREXHAM LL20 7HE

CHANGE OF USE AND RENOVATIONS/ALTERATIONS TO EXISTING STORAGE SHED TO CREATE HERITAGE AND INTERPRETATION CENTRE AND EXTERNAL WORKS TO CREATE REPLICA STATION PLATFORM

ROS P/2012/0056GRANTEDon 29/02/2012

14 ROSSETT PARK ROSSETT WREXHAM LL12 0FB

DEMOLITION OF EXISTING REAR CONSERVATORY AND REPLACE WITH SINGLE STOREY REAR EXTENSION

WRA P/2012/0058GRANTEDon 24/02/2012

QUAKER MEETING HOUSE HOLT ROAD WREXHAM LL13 8NE

INSTALLATION OF 3.33 KWP SOLAR PHOTO VOLTAIC ROOF MOUNTED ARRAY

RHO P/2012/0061GRANTEDon 20/03/2012

SUNDAY SCHOOL BUILDING ADJOINING BETHLEHEM CHAPEL HALL STREET RHOSLLANERCHRUGOG WREXHAM LL14 2LG

CONVERSION OF REDUNDANT SCHOOLHOUSE TO 3 NO. RESIDENTIAL DWELLINGS

GRE P/2012/0063GRANTEDon 13/03/2012

12 GLANLLYN HIGH STREET GRESFORD WREXHAM LL12 8PT

REMOVE ONE SYCAMORE AND RE-PLANT WITH A STANDARD 8-10CM BETULA PENDULA OR OTHER SPECIES AS DIRECTED BY WREXHAM COUNTY BOROUGH COUNCIL AND REMOVE ONE TREE LOCATED ADJACENT TO THE SWEET CHESTNUT

WRO P/2012/0064GRANTEDon 15/03/2012

22 DRWS Y COED WREXHAM LL13 7QB

BEDROOM EXTENSION OVER EXISTING GARAGE

ROS P/2012/0065GRANTEDon 22/03/2012

ROSSALYN LLAY ROAD ROSSETT WREXHAM LL12 0HS

CONSERVATORY TO FRONT AND EXTENSION TO REAR

WRA P/2012/0067GRANTEDon 07/03/2012

PAVILLION ACTON PARK BOWLING GREEN OFF JEFFREYS ROAD WREXHAM LL12 7PG

CONSTRUCTION OF CANOPY OVER FRONT OF BOWLING GREEN PAVILION

ROS P/2012/0073GRANTEDon 07/03/2012

3 ROFT VIEW ROSEMARY LANE BURTON WREXHAM LL12 0LA

TWO STOREY SIDE EXTENSION AND SINGLE STOREY EXTENSION TO REAR AND FRONT

WRR P/2012/0074GRANTEDon 07/03/2012

60 PRICES LANE WREXHAM LL11 2NB

PARKING OF 3 NO BUSINESS VEHICLES (IN RETROSPECT)

HOL P/2012/0084GRANTEDon 20/03/2012

FOXLEA ROSSETT ROAD COMMONWOOD HOLT WREXHAM LL13 9SY

ERECTION OF TWO SINGLE STOREY EXTENSIONS TO REAR OF PROPERTY INCLUDING ADDITIONAL EXTERNAL ENTRY AT FRONT OF PROPERTY

PEN P/2012/0085GRANTEDon 07/03/2012

VALE HOUSE 34 CHAPEL STREET PENYCAE WREXHAM LL14 2RF

ERECTION OF TWO STOREY EXTENSION TO REAR OF DWELLING

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

WRO P/2012/0086GRANTEDon 02/03/2012

LOWER BERSE FARM RUTHIN ROAD BERSHAM WREXHAM LL11 3BW

REPLACEMENT AGRICULTURAL BUILDING FOR STORAGE OF AGRICULTURAL PRODUCTS AND MACHINERY

WRC P/2012/0087GRANTEDon 20/03/2012

85 KINGSMILLS ROAD WREXHAM LL13 8NN

RE-POSITIONING OF DETACHED GARAGE TO SERVE UNIT 3 OF DEVELOPMENT

WRO P/2012/0088GRANTEDon 20/03/2012

ST MARYS RC AIDED PRIMARY SCHOOL LEA ROAD WREXHAM LL13 7NA

SINGLE STOREY EXTENSION TO FORM PRACTICAL AREA

BRY P/2012/0090REFUSEDon 07/03/2012

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

TWO STOREY EXTENSION

HAN P/2012/0091GRANTEDon 20/03/2012

9 STRIGA BANK HANMER WREXHAM SY13 3BJ

ERECTION OF CONSERVATORY TO REAR, INTERNAL ALTERATIONS AND CONVERSION OF EXISTING GARAGE TO FORM ADDITIONAL ACCOMMODATION

BRO P/2012/0094GRANTEDon 07/03/2012

18 OGWEN CLOSE NEW BROUGHTON WREXHAM LL11 6QF

FIRST FLOOR EXTENSION OVER EXISTING GARAGE TO CREATE ADDITIONAL BEDROOM AND BATHROOM

BRN P/2012/0095GRANTEDon 20/03/2012

GABLE BARN GRANGE ROAD BRONINGTON WHITCHURCH SY13 3HL

REPLACE ROOF LIGHT AT REAR OF PROPERTY

WOR P/2012/0096REFUSEDon 20/03/2012

OAKFIELD HOLLYBUSH LANE ADRAFELYN PENLEY WREXHAM LL13 0NF

CONSTRUCTION OF MANEGE AND ALTERATIONS TO VEHICULAR ACCESS

WRR P/2012/0099GRANTEDon 20/03/2012

1 SPRING GARDENS WREXHAM LL11 2NX

EXTENSION TO SIDE OF PROPERTY

RHO P/2012/0100GRANTEDon 20/03/2012

47 TAN Y CLAWDD JOHNSTOWN WREXHAM LL14 2ST

EXTENSION TO REAR OF PROPERTY

WRO P/2012/0103REFUSEDon 20/03/2012

BUILDERS YARD TO REAR OF 27 POYSER STREET WREXHAM LL13 7RT

OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (TWO STOREY BUILDING CONTAINING FOUR FLATS)

WRR P/2012/0104GRANTEDon 14/03/2012

GUILDHALL CAR PARK NORTH OF COUNCIL OFFICES LAMBPIT STREET WREXHAM LL11 1AR

CROWN THIN 1 HORSE CHESTNUT (T5) BY 10%, REDUCE HEIGHT AND SPREAD OF ONE LIMB OVERHANGING FOOTPATH BY APPROXIMATELY 2.5 METRES FROM 1 NORWAY MAPLE (T6), PRUNE ONE HORNBEAM (T10) TO CLEAR SIGN BY 1 METRE, PRUNE ONE HOLLY (T13) TO CLEAR STREETLIGHT BY ONE METRE AND REDUCE LOWEST LATERAL LIMB FROM 1 ASH (T14) BY 2 METRES.

PEN P/2012/0106GRANTEDon 15/03/2012

2 CAE GABRIEL PEN Y CAE WREXHAM LL14 2PH

TWO STOREY SIDE EXTENSION

WRO P/2012/0109GRANTEDon 20/03/2012

PEMBROKE HOUSE ELLICE WAY WREXHAM TECHNOLOGY PARK WREXHAM LL13 7YT

INSTALLATION OF PV PANELS TO EXISTING OFFICE ROOF

BRN P/2012/0110GRANTEDon 20/03/2012

THE HAVEN LOWER WYCH ROAD TALLARN GREEN WREXHAM SY14 7JX

ERECTION OF STEEL PORTAL FRAMED BUILDING

BRN P/2012/0114GRANTEDon 20/03/2012

UNIT 8 BROAD OAK FARM BUSINESS PARK WHITCHURCH ROAD BRONINGTON WREXHAM SY13 3AQ

ENCLOSURE OF FRONT OF EXISTING BUILDING TO FORM 3 NO. UNITS

WRO P/2012/0119GRANTEDon 20/03/2012

20 DRWS Y COED WREXHAM LL13 7QB

DEMOLITION OF EXISTING CONSERVATORY AND ERECTION OF KITCHEN EXTENSION AND SUN LOUNGE

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT -–2 April 2012

GWE P/2012/0120GRANTEDon 20/03/2012

SUMMERHILL MOTORS SUMMERHILL ROAD SUMMERHILL WREXHAM LL11 4TE

EXTENSION TO SIDE OF UNIT (IN RETROSPECT)

RUA P/2012/0124GRANTEDon 20/03/2012

THE CORNER SHOP HENRY STREET RUABON WREXHAM LL14 6NS

CHANGE OF USE FROM ACCOUNTANTS OFFICE TO TWO-BEDROOMED FLAT

BRN P/2012/0125GRANTEDon 16/03/2012

NEW HOUSE FARM AROWRY LANE EGLWYS CROSS WREXHAM SY13 2JU

ERECTION OF AGRICULTURAL BUILDING FOR CATTLE

LLA P/2012/0129GRANTEDon 20/03/2012

ALYN WATERS COUNTRY PARK MOLD ROAD GWERSYLLT WREXHAM LL11 4AG

INSTALLATION OF 100M OF 1.8M HIGH GALVANISED PALISADE FENCING