18/07/2008 Minutes : Planning Committee

MINUTES OF A MEETING OF the PLANNING COMMITTEE HELD AT VARIOUS SITES WITHIN THE COUNTY BOROUGH AND AT THE GUILDHALL, WREXHAM ON FRIDAY, 18 JULY 2008

MEMbers

Councillor M.G. Morris, Chair

Councillor Paul H. Pemberton, Vice-Chair

Councillor		*	I. David Bithell, MBE	Councillor		*	D.J. Griffiths
	“	*	Mrs. Beryl L Blackmore		“	*	G.W. Griffiths
	“	*	R.W. Caldecott		“	*	Carrie Harper
	“	*	Gerry M. Craddock		“	*	Marc Jones
	“		Ron Davies		“		David Kelly
	“	*	R. Mark Davies		“		Howard Moysen
	“		Mike Edwards		“	*	Ronnie Prince
	“		Terry Evans		“	*	Mrs. J.M.B. Roberts
	“	*	Keith Gregory		“	*	Robert Shepherd

* Absent

32	APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors I. David Bithell, MBE, Gerry Craddock, R. Mark Davies, Keith Gregory, D.J. Griffiths, Carrie Harper, Marc Jones, Ronnie Prince, Mrs J.M.B. Roberts and Robert Shepherd.

33	OUTLINE APPLICATION FOR DEMOLITION OF PRINTING WORKS AND ERECTION OF 6 NO. SELF-CONTAINED FLATS AND PARKING AT 69 RHOSDDU ROAD, WREXHAM (APPLICATION CODE NO P/2008/0438)

(Councillor Gwyneth Roberts was present as Local Member)

The Chief Planning Officer submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Local Member asked Members to consider the impact of the proposed development, being a three storey building, on the character of the surrounding area and the proposed access arrangements.

During consideration of the application several Members suggested that, if the Committee was minded to grant permission, further conditions should be included requiring that the southern wall of the new building should not be closer than the original (two-storey) building from the site boundary and to limit the development to one bedroom accommodation.

This was agreed by Committee.

After hearing the views of Members, it was

RESOLVED – That permission be GRANTED

Conditions

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced:

a. the siting of the building(s)

b. the design of the building(s)

c. the external appearance of the building(s)

d. the means of access to the site and building(s)

e. the landscaping of the site.

2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are thereby approved.

3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later.

4. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes, free of all obstruction.

5. Development shall not begin on site until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Where remediation works are required, the development shall not be occupied/used until a Validation Report to show that the works have been satisfactorily carried out has been submitted to and approved in writing by the Local Planning Authority.

6. Prior to commencement of the development, provision shall be made to offset the shortfall in education facilities as agreed with the Local Planning Authority. This will be a financial contribution towards the provision of additional facilities to the nearby existing primary school.

7. No demolition or development or other opeations shall commence until an arboricultural method statement has been submitted to and has been approved in writing by the Local Planning Authority. The statement shall include a specification for protective fencing that complies with BS5837 : a plan showing the position of the protective fencing; a full specification for the construction of any access, driveway or path under the crown spread of the trees, and related sections, details of general arboricultural matters including proposed practices with regard to cement mixing, material storage and fires; and details of the frequency of supervisory visits and procedures for notifying the finding of such visits to the Local Planning Authority. Works shall be carried out strictly in accordance with that approved method statement.

8. Notwithstanding any detail shown on the illustrative site plan, the southern wall of the new building shall not be closer to the site boundary than the existing two storey wall.

9. Notwithstanding any detail within the application documents, the development shall be strictly limited to one bedroom accommodation.

Reasons

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995.

2. To comply with Section 92 of the Town and Country Planning Act, 1990.

3. To comply with Section 92 of the Town and Country Planning Act, 1990.

4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.

5. In the interests of the amenities of the future occupants of the buildings

6. To accord with UDP policies GDP2 and CLF5 together with Local Planning Guidance Note 27 - Developer Contributions to Schools.

7. To ensure the amenity afforded by the trees is continued into the future.

8. To ensure that the impacts upon the protected lime tree are minimised.

9. To reduce the likely car parking requirement and to enable the development to provide adequate manoeuvring space and to allow additional provision for private open space within the stite.

Notes to Applicant

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

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

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

4. Further advice on compliance with Condition No. 5 may be obtained by contacting the Council's Environmental Protection Section on Wrexham 297041.

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

6. You are reminded that the Disability Discrimination Act 1995 applies to residential development and you will be required to provide (amongst other things) level access, down stairs cloak room and wider doorways.

7. The lime tree on the frontage is covered by a tree preservation order.

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

9. The detailed scheme should take account of the following issues:

a. The need to ensure safe and sustainable demolition and re-use of materials, under the terms of guidance notes published by the Council.

b. There may be a requirement for developer contribution to schools, depending on the size of the apartments.

c. A sensitive design is required for this site as it adjoins a listed building.

34	DEMOLITION OF EXISTING SHOP UNIT AND TWO STOREY FLAT OVER, ERECTION OF 1 NO. BLOCK OF 6 NEW FLATS, CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS AND PARKING AREA AT 79 HOLT ROAD, WREXHAM (APPLICATION CODE NO P/2008/0418)

(Councillor Judith Connolly was present as Local Member)

The Chief Planning Officer submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Local Member commented that she had no objection to the application provided the development was adequately landscaped.

During considration of the application several Members suggested that, if the Committee was minded to grant permission, a further condition be included providing for appropriate landscaping of the site. Furthermore, proposed Condition No 12 be reworded to ensure that the dropped kerb crossing fronting the development along Borras Road is reinstated and the existing speed cushions are relocated prior to occupation of the development. These were agreed by the Committee.

After hearing the views of Members, it was

RESOLVED – That permission be GRANTED.

Conditions

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

2. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved.

3. Before they are installed on the development, drawings to scale 1:20 fully detailing all new windows (including roof lights) and doors shall be approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative finish, sills, heads etc, method of opening and glazing type. Works shall only be carried out in strict accordance with such details as are approved.

4. No development shall commence until finished floor levels for the proposed building in relation to existing development has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out strictly in accordance with these details.

5. Notwithstanding the approved plans full details of the finished treatment of all elevations including areas of brickwork, render and timber cladding shall be submitted to and approved by the Local Planning Authority. Works shall only be carried out in strict accordance with the details as approved.

6. Details of all boundary means of enclosure shall be submitted to and approved by the Local Planning Authority. Works as approved shall be completed prior to the first occupation of any of the units hereby approved and retained thereafter.

7. No windows, doors or other openings shall be inserted into any elevation of the building, other than those indicated on the approved plans.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no gates shall be erected within 5m of the highway boundary.

9. Development shall only be carried out strictly in accordance with the recommendations/mitigation contained within the Protected Species Survey dated 8 May 2008.

10. The proposed access shall have a visibility splay of 2.4m x 33m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction.

11. From a point on the centre line of the access 2.4 metres back from the edge of the footway, to points 3.3 metres to both sides of that point measured along the edge of the carriageway, all obstructions to visibility shall be reduced to and thereafter maintained at a height not exceeding 0.6 metre above the level of the adjacent carriageway.

12. Prior to commencement of development a scheme of details for reinstating to full height construction the existing dropped vehicular crossing along Borras Road and relocation of the existing speed cushions fronting the proposed access along Borras Road shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the works as approved have been carried out in strict accordance with such details as have been thereby approved.

13. Foul water and surface water discharges shall be drained separately from the site.

14. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved, in writing, by the Local Planning Authority.

15. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

16. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes, free of all obstruction.

17. Notwithstanding the approved plans, details of bin storage and cycling parking provision shall be submitted to and approved in writing by the Local Planning Authority. Works as approved shall be fully implemented prior to the first occupation of any units hereby approved and retained thereafter.

18. Within three months of commencement of development on site, full details of both hard and soft landscaping 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.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990.

2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

4. To protect the amenities of the occupiers of nearby properties.

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 protect the amenities of the occupiers of nearby properties.

8. In the interests of the free and safe movement of traffic on the adjacent highway.

9. In order to protect wildlife interests, which are afforded special protection.

10. To ensure that adequate visibility is provided at the proposed point of access to the highway.

11. For the safety and convenience of all pedestrians, but in particular, the elderly, the disabled and wheelchairs, pram, and pushchair users.

12. In the interests of vehicular and pedestrian safety.

13. To protect the integrity of the public sewerage system.

14. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

15. To prevent hydraulic overload of the public sewerage system and pollution of the environment.

16. In the interests of highway safety.

17. To ensure adequate provision is provided in order to protect residential amenity and to reduce reliance on the car.

18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

Notes to Applicant

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

2. The proposed access shall take the form of a dropped vehicular crossing for which the applicant will need to construct a dropped kerb crossing outside the property including strengthening of the footway at the point of access and will need to apply for formal consent pursuant to Section 184 of the Highways Act 1980.

3. The reinstatement of the existing dropped kerb crossing fronting the development site along Borras Road to full height construction will also require Section 184 consent.

4. The relocation of the existing speed cushions fronting the proposed access along Borras Road will require a public consultation and the necessary construction works. In order to carry out these works the applicant will be required to enter into a Section 278 agreement with the Council. The cost of the consultation process and construction works shall be borne by the developer.

5. With regard to Condition 05 further consideration is required of the areas to be rendered or clad with timber and areas of brickwork.

6. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru, Welsh Waters Network Development Consultants on 01443 331155.

35	CONVERSION AND EXTENSION OF EXISTING GARAGE INTO SELF-CONTAINED RESIDENTIAL ACCOMMODATION AT SWN Y COED, TURNPIKE LANE, MARFORD, WREXHAM (APPLICATION CODE NO P/2008/0316)

The Chief Planning Officer submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee. He reported that a further e-mail had been received from the Highways Department and he drew Members’ attention to its content.

The Local Member (Councillor Mike Edwards) commented that the application site was outside the settlement limit and that the number of dwellings served off Turnpike Lane, which was an unadopted road, already exceeded the number permitted by the Council’s adopted guidance. Therefore, in his opinion, the application should be refused as the proposed access to the site would exacerbate local problems of highway safety. The Committee agreed with the views expressed by the Local Member.

RESOLVED – That permission be refused.

Reason

Notwithstanding the proposed restriction of the occupation to an ancillary nature to the existing house, the Council believes that the development is likely to generate additional traffic on an unadopted and unmade roadway contrary to the Council’s policy limiting develoments to five houses served off such a private access. As such the development would fail to comply with policy GDP1 of the Wrexham Unitary Development Plan.

(Councillor M.G. Morris vacated the Chair prior to consideration of the following application as he had declared a personal interest in the matter and the Vice-Chair presided).

36	OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (2 NO. DWELLINGS) ON LAND BETWEEN HILL VIEW AND VILLAGE HALL, ISYCOED, WREXHAM (APPLICATION CODE NO P/2008/0526)

The Chief Planning Officer submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Vice-Chair asked Members to consider whether the proposal constituted infill development within a well developed built frontage.

After hearing the views of Members, it was

RESOLVED – That permission be REFUSED.

Reason

The site is located outside any settlement limit in the Wrexham Unitary Development Plan. The proposal would not constitute “infill” development because the site does not form a small gap in a well developed built frontage. To allow the development would adversely affect the character and appearance of the area and result in the consolidation of sporadic groups of housing in the countryside, which would be contrary to adopted Unitary Development Plan Policy H5.

(The Chair (Councillor M.G. Morris) declared a personal interest in this matter pursuant to the Council’s Code of Conduct for Members, the applicant being a relative, and left the meeting whilst the application was being considered).

37	RECONSTRUCTION OF BUILDING TO DWELLING (PREVIOUSLY GRANTED PERMISSION FOR CONVERSION UNDER PLANNING APPLICATION CODE NO P/2003/0582) AT LOWER OAK FARM, OAK ROAD, WREXHAM INDUSTRIAL ESTATE, WREXHAM (APPLICATION CODE NO P/2008/0558)

The Chief Planning Officer submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee. He reported that a further letter in support of the application had been received from Ian Lucas MP and he drew Members’ attention to its content.

The Chair, in his capacity as Local Member, asked Members to consider whether there was sufficient of the building still remaining standing and capable of conversion without the requirement of substantial re-building to accord with the Council’s adopted policy of conversion of a building within the open countryside.

After hearing the views of Members it was

RESOLVED – That permission be REFUSED.

Reason

The site is located outside any recognised settlement limit as defined in the adopted Wrexham Unitary Development Plan where there is a presumption against new residential development. To allow the development would, in the absence of an essential need justification, result in an unacceptable form of isolated rural housing development, contrary to policies PS1 and H5 of the Wrexham Unitary Development Plan.

38	OUTLINE APPLICATION FOR THE ERECTION OF DWELLING AND GARAGE AT GOFFWYSFA, METHODIST HILL, FRONCYSYLLTE, LLANGOLLEN (APPLICATION CODE NO P/2008/0574)

The Chief Planning Officer submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

During consideration of the application it was suggested that, if the Committee was minded to grant permission, a further condition be included providing for a passing bay to be created along the curtilage of the site. This was agreed by the Committee.

After hearing the views of Members it was

RESOLVED – That permission be GRANTED.

Conditions

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced:

a. the siting of the building(s)

b. the design of the building(s)

c. the external appearance of the building(s)

d. the means of access to the site and building(s)

e. the landscaping of the site.

4. As part of the reserved matters, details shall be submitted providing parking and vehicular turning for both the new dwelling and Gorffwysfa in accordance with Local Planning Guidance Note No 16, Parking Standards, The scheme, as approved, shall be implemented prior to first use of development, and shall thereafter be retained.

5. This development shall be for a maximum of one dwelling only.

6. The contents of the indicative site plan submitted in support of this application shall not be regarded as representing an approved site layout.

7. As part of the reserved matters, full details of the proposed hard and soft landscaping proposed for the site, to include the specification for any replacement tree planting, shall be submitted.

8. As part of the reserved matters, details of all of the proposed boundary treatments shall be submitted.

9. There must be no discharge of surface water to the combined sewer system.

10. Foul water and surface water discharges shall be drained separately from the site.

11. No land drainage run-off shall be permitted, either directly or indirectly, to discharge into the public sewerage system.

12. The development site is crossed by a public sewer and no part of the building shall be erected within three metres either side of the centreline of the public sewer.

13. The proposed access shall be provided with visibility splays of 2.4 metres x 11 metres (west) and 2.4 metres x 18 metres (east) prior to first occupation of the dwelling and shall thereafter be retained clear of obstruction.

14. No part of the development shall be occupied until a passing bay (not less than 6 metres in length) has been constructed to Highway Authority adoptable standard in accordance with details which have been submitted to and approved in writing by the Local Planning Authority.

Reasons

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995.

2. To comply with Section 92 of the Town and Country Planning Act, 1990.

3. To comply with Section 92 of the Town and Country Planning Act, 1990.

4. To ensure that adequate manoeuvring and parking is available within the application site and adjacent dwellings, in the interests of highway safety.

5. To ensure that a satisfactory unit of residential accommodation is achieved and to protect the amenities of the occupiers of nearby properties.

6. To ensure that all details are reserved for future consideration.

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. There is insufficient capacity in the existing system to cater for additional surface water flow.

10. To ensure proper drainage of the site.

11. To prevent hydraulic overload of the public sewerage system and pollution of the environment.

12. To protect the integrity of the public sewer and avoid damage thereto.

13. To ensure that adequate visibility is provided at the proposed point of access to the highway.

14. In the interests of safety and the free flow of traffic on the adjoining highway.

Notes to Applicant

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

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

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

4. For further details relating to the location of the public sewer, please see the attached plan.

Councillor M.G. Morris

Chair

APOLOGIES FOR ABSENCE