REPORT of the CHIEF PLANNING OFFICER 7 March 2011

Page No 1

REPORT OF THE CHIEF PLANNING OFFICER – 7 March 2011

Community / Code No / Applicant / Recommendation / Page No
RUA / P/ 2010/0505 / SG ESTATES LTD
MR SGRIFFIN / REFUSE/GRANT / 2 – 9
HOL / P/ 2010/0851 / DAVCOT LTD / GRANT / 10 – 20
GWE / P/ 2010/0888 / MR & MRS KREFT / REFUSE / 21 – 25
BAN / P/ 2010/0935 / MR MARK BGROOM / GRANT / 26 – 32
BAN / P/ 2010/0936 / MR MARK BGROOM / GRANT / 33 – 37
HAN / P/ 2010/0998 / SCHOFIELD BROTHERS (T/A CARLTON HOLDINGS) / REFUSE/GRANT / 38 – 45
HAN / P/ 2010/0999 / SCHOFIELD BROTHERS (T/A CARLTON HOLDINGS) / GRANT / 46 – 49
WRR / P/ 2011/0004 / MR PETERCARRINGTON / GRANT / 50 – 57
COE / P/ 2011/0006 / MR MICHAELWILLIAMS / GRANT / 58 – 66
BRY / P/ 2011/0019 / MR MATTHEWHAYNES / GRANT / 67 – 70
WRO / P/ 2011/0024 / MRS JGILLAM / GRANT / 71 – 75
WRA / P/ 2011/0031 / MR ALIVESEY / GRANT / 76 – 80
GRE / P/ 2011/0039 / MR & MRS BRADBURY / GRANT / 81 – 89
WRC / P/ 2011/0041 / MR WILLIAMKENYON / GRANT / 90 – 98
SES / P/ 2011/0047 / MR J CARRIER / REFUSE / 99 – 101
OVE / P/ 2011/0054 / MR A WILLIAMS / GRANT / 102 – 104
RHO / P/ 2011/0066 / MR D KLEMM / GRANT / 105 – 108
GRE / P/ 2011/0081 / MR WHEATLY / GRANT / 109 - 114

Total Number of Applications Included in Report – 18

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.

APPLICATION NO:
P/2010 /0505
COMMUNITY:
Ruabon
WARD:
Ruabon / LOCATION:
PLOTS 1 TO 4LAND ADJACENT TO MAES Y LLANMAES Y LLAN LANERUABONWREXHAM
LL14 6AD
DESCRIPTION:
DEMOLITION OF EXISTING BARN AND ERECTION OF 4 NO. SEMI-DETACHED HOUSES AND ASSOCIATED GARAGES.
APPLICANT(S) NAME:
MRSGRIFFINSG ESTATES LTD / DATE RECEIVED:
15/06/2010
CASE OFFICER:
SJG
AGENT NAME:
CAPS
MR R J CARTWRIGHT

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The application was considered at the meeting of the Planning Committee held on 4/10/2010. It was resolved to grant planning permission and a section 106 agreement for the extension of the schools places and open spaces contributions under the legal agreement relating to planning permission P/2008/0509 to this application.

The legal agreement is in preparation. Two matters have been raised by the applicant’s agent that require committee consideration:

1. A revised plan has been received showing the garage for plot 1 set back from the road, with access to the lane rather than to the yard to the rear. The agent states that this would provide a visual break and avoid a clash of materials between the old and new brickwork. The highway authority has no objections to this change.
2. A request has been made to allow the use of uPVC windows for the front elevations. This matter was considered in the committee report, and the use of timber windows for the replica arched openings was considered preferable. However I am prepared to accept that the use of uPVC is widespread in the locality, which is well away from a Conservation Area.

I am satisfied that the two requests are acceptable and the revised details should be incorporated into the final decision when issued. Condition 7 of the draft permission should be deleted. However the proposed changes to plot 1 can be dealt with under the requirements of Condition 2.

My original report to Planning Committee on 4th October 2010 is set out below.

THE SITE

The site is on the south side of Maes y llan Lane.

PROPOSAL

As above. The dwellings are shown as two pairs of semi-detached houses.

The applicant states that during construction works it became obvious that conversion of the barn would necessitate the demolition of the structure, as neither the timbers holding up the first floor nor the roof timbers were reclaimable. Also the brickwork was totally unsafe for renovation.

Ecological reports have been supplied.

RELEVANT HISTORY

P/2006/1098 / Outline application for residential development / Granted 15/12/2006
P/2008/0079 / Conversion of redundant barns into 5 no. dwellings and erection of 14 no. dwellings / Withdrawn 7/3/2008
P/2008/0509 / Conversion of redundant barns into 4 no. dwellings and erection of 12 no. dwellings / Approved 20/2/2009
P/2009/0890 / Substitution of 3 approved housing plots (nos 14-16) with 4 houses and substitution of 1 approved garage with 2 new garages / Granted 18/2/2010
P/2010/0178 / Demolition of barn and erection of 4 dwellings, plots 1-4 / Withdrawn

DEVELOPMENT PLAN

The site lies within the settlement limits. Policies PS1 PS2 H2 EC6 T8 GDP1 GDP2 of UDP are relevant, together with LPGN 16 21 27 and 30. Technical Advice Notes 5 Nature Conservation and 12 Design are relevant.

CONSULTATIONS

Ruabon C Council:Object because the buildings to be demolished are vernacular buildings of quality that should be retained. The buildings proposed to replace them will not enhance the street scene and the amenity of the area will be diluted.

Local Member(s):No observations.

HighwaysRecommend conditions.

Public Protection:Comments.

Welsh water:Recommend conditions.

CPAT:Photographic survey required.

Rights of way:Comments regarding footpath 86.

CCW:Holding objection pending more detailed information.

Site Notice:Expired 12/7/2010

Other representations:Adjoining occupiers notified 21/6/2010. No comments received.

SPECIAL CONSIDERATIONS/ ISSUES

Design: The design of the dwellings is in accordance with the design of the approved new dwellings. The location reflects the location of the existing barn, and the dwellings would have a similar ridge height but a higher eaves level. There will be an impact on the gardens of dwellings in Albert Grove to the north but separation distances to main windows are the same as the previous approval.

Ecology: The submitted bat survey is inadequate to establish the absence of bats in the barn. The accepted guidelines for bat surveys require more than one visit between the middle of May and early August when bats are most active in their roosts. The submitted survey was one visit conducted in early May.

Bats and their and their breeding sites and resting places are protected under the Conservation (Natural Habitats, &c.) Regulations 1994, which implements the EC Directive 92/43/EEC in the United Kingdom and the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

The local authority therefore needs to apply the three tests to the planning application, in terms of public health safety or public interest, no satisfactory alternative and no detrimental impact on the maintenance of the population of the species at favourable conservation status.

In order to satisfy these tests, accurate information on number and species of bat using the barn is required and mitigation must be in place prior to demolition of the barn. A revised survey report has now been submitted, concluding that very small numbers of bats use the building for roosting in the summer, and that the favourable conservation status of the protected species is unlikely to be adversely affected. Recommendations are made regarding the timing of works.

The mitigation refers to alterations to garages for plots 12A, 16 and 17 to the south, which has already been provided.

In conclusion, the development is considered to be acceptable and meets the tests required by habitats and protected species legislation.

Design and Appearance: The barns are not listed nor within the conservation area so there are no objections to their demolition although it does seem unfortunate to not re-use the traditional buildings and retain the original agricultural character of the site. The large arched windows to the front elevation are an attempt to introduce some traditional features however the Upvc frames will be bulky and make the window stand out. This aspect could be the subject of a condition.

Section 106 agreement: As the 2008 application was subject to a legal agreement relating to schools and public open space contributions, legal advice has been sought, and confirms that a further section 106 agreement is required for this variation.

Recommendation A

That the Council enters into an obligation under section 106 of the Town and Country Planning Act 1990, requiring:

The extension of the schools places and open spaces contributions under the legal agreement relating to planning permission P/2008/0509 to the current application.

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

RECOMMENDATION B

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

CONDITION(S)

1.The development hereby permitted shall be begun before the expiry of five years from the date of this permission.
2.Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.
3.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.Development shall not begin 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 by, the Local Planning Authority. The resulting photographs should be deposited with the CountySites and Monuments Record, operated by The Clwyd-Powys Archaeological Trust (7a Church Street, Welshpool, Powys, SY21 7DL. Tel: 01938 553670).
5.The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes.
6.The development shall be carried out in accordance with the recommendations of the ecological report dated May and September 2010.
7.The windows on the front elevation shall be of timber construction.
8.Within 3 months of commencement of development on site, full details of both hard and soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details.
9.All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 8. The works shall be carried out within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use.
10.Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.
11.The site shall only be drained by means of a separate system of drainage with no surface water being discharged to the foul drain/sewer.
12.The demolition of the barn shall take place during October or between 20 March and 30 April.

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 provide for a record of a building or buildings of local architectural or historic interest
5.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.
6.In order to protect wildlife interests, which are afforded special protection.
7.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
8.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
9.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
10.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
11.To ensure satisfactory drainage of the site and to avoid flooding.
12.To ensure that the development does not cause disturbance to roosting bats.

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

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

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

Applicants should note that the Council has the option to control construction site noise by means of a Control of Pollution Act 1974, Section 60, Notice, where deemed necessary.
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.
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

RECOMMENDATION C

If the Agreement is not completed within six months of the date of the committee decision, the Chief Planning Officer be given delegated powers to refuse the application for the following reason(s):-

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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APPLICATION NO:
P/2010 /0851
COMMUNITY:
Holt
WARD:
Holt / LOCATION:
GREDINGTON ARMSCROSS STREETHOLTWREXHAM
LL13 9JD
DESCRIPTION:
ERECTION OF TWO DWELLINGS WITH ONE DETACHED GARAGE
APPLICANT(S) NAME:
DAVCOT LTD / DATE RECEIVED:
07/10/2010
CASE OFFICER:
JGK
AGENT NAME:
BLUE PRINT

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THE SITE

Gredington Arms, Cross Street, Holt, Wrexham.

Plan 1: Application Site

PROPOSAL

Erection of two dwellings with one detached garage.

RELEVANT HISTORY

P/2010/0394Erection of 3 dwellings and change of use of former public house to antique store with living accommodation above. Withdrawn.

P/2010/0393Demolition of rear extension. Withdrawn 20.07.10.

P/2007/0910Erection of pitched roof canopy over new patio. New decked seating wrapped around two supports. Granted 01.10.07.

DEVELOPMENT PLAN

Within the settlement limits of Holt as shown in the Wrexham Unitary Development Plan. The policies relevant to considering these proposals are PS1, PS2, PS3, PS4, GDP1, EC7, H2, S5 and T8.

The following Local Planning Guidance Notes also apply: 7 – Landscape and Development, 16 – Parking Standards, 21 – Space around Dwellings and 30 - Design.

Other relevant guidance is contained in Planning Policy Wales Edition 3 (July 2010), TAN 11 – Noise, TAN 12 – Design (2002), TAN 18 Transport (2007) and TAN 22 Planning for Sustainable Buildings (2010).