MINUTES OF A MEETING OF THE PLANNING COMMITTEE

HELD AT THE GUILDHALL, WREXHAM

ON MONDAY, 25 JULY 2011

 

MEMBERS

 

Councillor M.G. Morris, Chair

Councillor Gerry Craddock, Vice-Chair

 

Councillor

 

I. David Bithell, MBE

Councillor

*

Carrie Harper

 

 

Mrs. Beryl L Blackmore

 

 

Hugh Jones

 

*

R.W. Caldecott

 

 

Marc Jones

 

*

Peter Davies

 

 

David Kelly

 

*

Mike Edwards

 

 

Howard Moysen

 

 

Terry Evans

 

*

Carole O’Toole

 

*

Keith Gregory

 

 

Paul Pemberton

 

*

D.J. Griffiths

 

*

Ronnie Prince

 

 

G.W. Griffiths

 

*

Gwyneth Roberts

 

* Absent

 

Also Present: Councillors R Mark Davies, R. Alun Jenkins, Barrie Price, Mark Pritchard and Ian Roberts.

 

20        APOLOGIES FOR ABSENCE

 

Apologies for absence were submitted on behalf of Councillors R.W. Caldecott, Mike Edwards, D.J. Griffiths, Carrie Harper, Ronnie Prince and Gwyneth Roberts.

 

21        CHAIR’S ANNOUNCEMENTS

 

The Chair referred to the following matters:

 

(I)         The deaths arising from the recent bomb attack and mass shooting in Norway and Members and Officers stood in silence as a mark of respect.

(ii)        The recent Land Tribunal ruling that Mersey Waste were not entitled to any compensation arising from the Council’s decision to modify the consent to extract minerals from part of Hafod Quarry protected as a Special Area of Conservation.  The Committee thanked officers from the Council’s Legal and Planning Departments who had assisted in obtaining a successful outcome to this matter.

 

22        MINUTES

 

The Minutes of the Meeting held on 4 July 2011 were submitted.

 

Correction to Minute

 

Page 2 - Outline application for residential development and formation of vehicular access to Plas Grono Road on land at Imperial Commercials Site, Wrexham Road, Rhostyllen, Wrexham (Application Code No. P/2011/0165): The adjoining Local Member (Councillor Mark Pritchard) commented that he had referred to the cumulative affect the proposed development, together with previously approved schemes, would have on highway safety along Wrexham Road.

 

RESOLVED – That, subject to the above, the Minutes of the Meeting held on 4 July 2011 be received and confirmed as a correct record.

 

23.       CHANGE OF USE OF PART OF GROUND FLOOR TO FORM

BRIC-A-BRAC/ANTIQUE/CURIO’S SHOP AT TALLY HO INN, NEWBRIDGE ROAD, WREXHAM (APPLICATION CODE NO P/2011/0328).

 

The Head of Community Wellbeing and Development submitted a report (HCWD/34/11 pages 34 - 37) together with a further addendum report in respect of the above-mentioned application.

 

The Planning Control Manager drew Members’ attention to the recommendation contained in the addendum report.

 

RESOLVED – That consideration of the application be deferred to allow the Head of Community Wellbeing and Development time to consider the further information submitted by the applicant.

24        PLANNING APPLICATIONS

 

The Head of Community Wellbeing and Development submitted a report (HCWD/34/11) for Members’ consideration of planning applications and attention was drawn to his addendum report where relevant.

 

___________________________________________________________________________

 

APPLICATION NO:

P/2010 /0105

 

 

COMMUNITY:

Llansantffraid Glyn Ceiriog

 

 

WARD:

Ceiriog Valley

LOCATION:

Cefn Uchaf Farm Nantyr Glyn Ceiriog, Llangollen LL20 7DF

 

DESCRIPTION:

Outline Application for Erection of Dwelling and Garage in Connection with Agriculture

 

APPLICANT(S) NAME:

Mr John Newbrook

 

DATE RECEIVED:

10/02/2010

 

 

CASE OFFICER:

KH

 

 

AGENT NAME:

EDP Planning

Mr Graham Powell

 

_____________________________________________________________________

 

Mr Graham Powell (agent) spoke in support of the application. 

 

RESOLVED -That  permission be REFUSED

 

Reasons

 

1.         The site lies outside of any recognised settlement in open countryside as defined in the adopted Wrexham Unitary Development Plan. Insufficient reasons have been given to demonstrate that there is an essential agricultural need for the proposal. To allow the proposal would be contrary to adopted Wrexham Unitary Development Plan Policies PS1, PS2, GDP1 and H5, Local Planning Guidance Notes 2 and 13 and TAN 6 - Planning for Sustainable Rural Communities.

2.         A tree survey has not been submitted to demonstrate that the property could be constructed without causing harm to adjacent trees. The proposed access and driveway would appear to adversely affect a number of good quality trees to the detriment of the landscape and as such the proposal would be contrary to the Wrexham Unitary Development Plan Policies PS2 and EC4 and Local Planning Guidance Note 17.

___________________________________________________________________________

 

APPLICATION NO:

P/2010 /1059

 

 

COMMUNITY:

Offa

 

 

WARD:

Brynyffynnon

LOCATION:

Fire Brigade HQ 3-5 Maesgwyn Road, Wrexham LL11 2AP

 

DESCRIPTION:

Demolition of Listed Building

 

APPLICANT(S) NAME:

Mr & Mrs Neville Dickens

 

DATE RECEIVED:

17/12/2010

 

 

CASE OFFICER:

JS

 

 

AGENT NAME:

McDyre and Co

Mr Glyn Bridge

 

_____________________________________________________________________

 

The Planning Control Manager informed the Committee that the application had been withdrawn.

 

RESOLVED -  To note that Application Code No P/2010/1059 had been withdrawn.

___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0199

 

 

COMMUNITY:

Chirk

 

 

WARD:

Chirk South

LOCATION:

Chirk Court Care Home Maes y Waun Chirk Wrexham LL14 5ND

 

DESCRIPTION:

Demolition of Existing Single Storey 30 Bedroom Residential Care Home and Phased Contsruction of New Two Storey 72 Bedroom EMI and Elderly Residential Care Facility

 

APPLICANT(S) NAME:

Clwyd Alyn Housing Association

 

DATE RECEIVED:

14/03/2011

 

 

CASE OFFICER:

SEH

 

 

AGENT NAME:

Munro Associates

 

_____________________________________________________________________

Mr Graham Powell (agent) spoke in support of the application.

 

The adjoining Local Member (Councillor Ian Roberts) indicated his objection to the application as, in his opinion, the proposed development did not provide adequate on-site car parking to meet the specific requirements of a 72 bedroom EMI (elderly mentally infirm) nursing and elderly residential care home. The intensive nature of this development would attract a significant number of staff and visitors and would result in a potential overspill of parking onto adjoining residential streets to the detriment of residential amenity and highway safety.   Furthermore, the new access road would result in the removal of a section of ancient hedgerow which would have a detrimental visual impact on the character of the existing street scene and he sought clarification that the revised access arrangements could be achieved without having to lower the hedgerow to a height of one metre to accommodate highway visibility requirements.   Finally, the development would lead to the loss of the only Grade ‘A’ listed tree on site, a mature beech tree located near to the northern boundary and, therefore, he requested that permission be refused.

 

Councillor Mark Pritchard (Lead Member for Housing and Planning) reiterated his comments made at the site visit, that the Grade ‘A’ listed beech tree was located in a prominent position within the site and was of high significance. In his opinion, the proposed development should be redesigned to enable the retention and protection of the tree on site.

 

During consideration of the application, several Members commented that, in their opinion, the development did not provide adequate on-site parking and would result in the loss of the only Grade ‘A’ listed tree on site. Therefore, they recommended that permission be refused for these reasons.  This was agreed by the Committee.

 

RESOLVED – That permission be REFUSED.

 

Reasons

 

1.         The proposed development does not provide adequate parking provision to meet the specific requirements of a 72 bedroom EMI (elderly mentally infirm) nursing and elderly residential care home. The intensive nature of this development would attract a significant number of staff and visitors and would result in a potential overspill of parking onto adjoining residential streets to the detriment of residential amenity and highway safety. To allow this development would therefore to contrary to Policies GDP1 (d) and PS2 of the adopted Wrexham Unitary Development Plan.   

2.         The proposed development would result in the loss of the only Grade A tree on site, a mature beech tree, the subject of a Tree Preservation Order located on the northern boundary. The tree is in good health and of significant visual amenity value. The Council consider that the proposed scheme has not had due regard to the protection of this tree through the design process and to allow this development would be contrary to Policy EC4 of the adopted Wrexham Unitary Development Plan. 

 

(Councillor Terry Evans declared a personal and prejudicial interest in this matter pursuant to the Council’s Code of Conduct for Members, being a Member of the Chirk Court Joint Advisory Committee and left the meeting whilst the application was being considered.) 

___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0363

 

 

COMMUNITY:

Minera

 

 

WARD:

Minera

LOCATION:

Tyn y Capel Church Road Minera Wrexham LL11 3DA

 

DESCRIPTION:

Change of use of Public Hosue to Daycare Centre (Ground Floor) and Offices (First Floor) and Change of use of Ground Floor of Outbuilding to Provide Additional Residential Accommdoation for Dwelling Previously Approved under Code No P/2009/0396 (Partly in retrospect)

 

APPLICANT(S) NAME:

Mr Keith Roberts

 

DATE RECEIVED:

25/05/2011

 

 

CASE OFFICER:

MP

 

 

AGENT NAME:

Barron Design Ltd

Mr Craig Barron

 

_____________________________________________________________________

 

Mrs Gale Taylor (representing local residents) spoke against the application. 

 

Mr Craig Baron (agent) spoke in support of the application .

 

The Local Member (Councillor David Kelly) indicated his objection to the application, as in his opinion, the proposed development would result in the loss of an established community facility which would detrimentally affect the quality of life of local residents and prove harmful to the social and economic fabric of the locality.    Furthermore the applicant had provided insufficient evidence to justify that the public house was no longer viable and the applicant had not undertaken reasonable attempts to sell or let the premises.  The Committee concurred with the views expressed by the Local Member. 

 

RESOLVED - That  permission be REFUSED

 

Reason

 

Insufficient information has been submitted to demonstrate that the continued use of the site/building as a public house is no longer viable and that adequate steps have been taken to market the premises as a public house.  As such the loss of the premises would prove harmful to the social and economic fabric of the locality.  The proposal would therefore not accord with Policy S9 of the Wrexham Unitary Development Plan.


___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0373

 

 

COMMUNITY:

Rhosddu

 

 

WARD:

Garden Village

LOCATION:

4 Kenyon Aveue Wrexham LL11 2SP

 

DESCRIPTION:

Alterations and Ground Floor Extensions

 

APPLICANT(S) NAME:

Mr & Mrs Gareth Davies-Jones

 

DATE RECEIVED:

26/05/2011

 

 

CASE OFFICER:

MP

 

 

AGENT NAME:

Tecwyn Williams Architect

Tecwyn Williams

 

_____________________________________________________________________

 

RESOLVED - That  permission be GRANTED

 

Conditions

 

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.

3.         The development hereby granted permission shall not be occupied until a fence of not less than 1.8 metres high and 2 metres in length has been erected along the boundary with No. 6 Kenyon Avenue from a point adjacent to the south-west corner of the garage shown on the approved plans to a point opposite the rear elevation of the existing dwelling.  The fence shall thereafter be permanently retained.

4.         The extension shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as No. 4 Kenyon Avenue.

5.         Notwithstanding the provisions of Class A of Part 1 of Schedule 2 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 or formed in the east facing elevation of the extension hereby granted permission.

 

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 protect the amenities of the occupiers of nearby properties.

4.         Due to its position and reliance on a single means of vehicular and pedestrian access and shared garden area it would be in appropriate for the extension to be occupied independently of No. 4 Kenyon Avenue.

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

 

Notes to Applicant

 

1.         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.

2.         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.

3.         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.

4.         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.

5.         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.

6.         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

_____________________________________________________________________

 

APPLICATION NO:

P/2011 /0377

 

 

COMMUNITY:

Rossett

 

 

WARD:

Rossett

LOCATION:

Side Garden Area Adjoining Alyndene Chester Raod Rossett Wrexham

LL12 0HN

 

DESCRIPTION:

Outline Application for Erection of 1 No. 5 Bedroom Dwelling

 

APPLICANT(S) NAME:

Mr David Robson

 

DATE RECEIVED:

31/05/2011

 

 

CASE OFFICER:

PF

 

 

AGENT NAME:

Insite Architecture

Mr Nick Wheeler

 

_____________________________________________________________________

 

Mr Aver (neighbour) spoke against the application. 

 

Mr Cameron Robson (representing applicant) spoke in support of the application. 

 

The Local Member (Councillor Hugh Jones) commented upon the planning history of the site and the consultation exercise undertaken by the applicant.  He indicated his objection to the application, as in his opinion, any development at this location would involve the infilling of a sensitive and visually prominent gap within the existing street frontage adjacent to the Church and War Memorial, both which were Grade II Listed Buildings.  The filling of this gap would compromise the setting of the Church and would have an adverse affect on the character of the existing streetscene, particularly when viewed from a southerly direction.  Therefore he supported the Officer recommendation that permission be refused.

 

During consideration of the application, several Members commented that this gap preserved and enhanced the setting of the Church and made a positive contribution to the existing streetscene and, therefore, recommended that permission be refused.  This was agreed by the Committee.

 

RESOLVED - That  permission be REFUSED

 

Reason

 

The development of the site would involve the infilling of a sensitive and visually prominent gap within the existing street frontage.  The gap preserves and enhances the setting of the Church, a Grade II Listed Building and makes a positive contribution to the streetscene.  The Council considers that its loss would have an adverse affect upon the wider visual amenities of the area, particularly when viewed from a southerly direction.  The principle of developing this site, therefore, given its visual prominence and relationship with the Listed Building, would not make a positive contribution to the appearance of the area and would be contrary to Policy GDP1(a) of the adopted Wrexham Unitary Development Plan.

 

 

 

___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0378

 

 

COMMUNITY:

Offa

 

 

WARD:

Offa

LOCATION:

Land to the rear of 16 & 18 Alexandra Road, Wrexham LL13 7SH

 

DESCRIPTION:

Change of use of Land to Residential  Curtilage (In Retrospect)

 

APPLICANT(S) NAME:

Mr Nigel Cliff

 

DATE RECEIVED:

01/06/2011

 

 

CASE OFFICER:

PF

 

 

AGENT NAME:

Mr Nigel Cliff

 

_____________________________________________________________________

 

RESOLVED -  That  permission be GRANTED

___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0388

 

 

COMMUNITY:

Penycae

 

 

WARD:

Penycae & Ruabon South

LOCATION:

Liverpool House, Hall Street, Penycae, Wrexham LL14 2RT

 

DESCRIPTION:

Erection of New Single Storey Storage Building to Rear of Premises

 

APPLICANT(S) NAME:

Mr K Chandrakumar

 

DATE RECEIVED:

03/06/2011

 

 

CASE OFFICER:

SEH

 

 

AGENT NAME:

Mr J Edsall

 

_____________________________________________________________________

 

RESOLVED - That  permission be GRANTED

 

Conditions

 

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

2.         No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation.

3.         Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the premises shall be used except for the precise purposes described in the application plans and documents.

4.         No goods of any description shall be kept, stored, sold or displayed on any part of the site other than within the building(s).

5.         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.

6.         No use of the development shall be made before 7.30am or after 9.00pm on any day.

7.         The vehicular parking and turning areas as shown on approved drawing(s) No(s). K1/11 April 2011 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.

8.         In accordance with the floor plan approved as part of Planning Permission P/2009/0013, the storage area contained within the main building shall not be used for any other purpose and there shall be no increase in retail space within the building.

9.         The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time.  The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas.

10.       Prior to first use of the development anti-climb paint shall be applied around the top of the storage building in strict accordance with manufacturer's and application details, including colour, which have been submitted to, and approved in writing by, the Local Planning Authority.

 

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 protect the amenities of the occupiers of nearby properties.

4.         To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area, to protect the amenities of the occupiers of nearby properties and to ensure that a satisfactory provision of off-street car parking and turning facilities is maintained at all times in the interests of the free flow of traffic and highway safety.

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

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

7.         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.

8.         In the interests of highway safety.

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

10.       In order to ensure the safety and privacy of the neighbouring occupiers.

 

Notes to Applicant

 

1.         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.

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

3.         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.

4.         The applicant should also be advised 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 applicant is advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

5.         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.

6.         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 813700 for further advice and information.

7.         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 813700 for further advice and information.

8.         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.


___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0389

 

 

COMMUNITY:

Broughton

 

 

WARD:

Bryn Cefn

LOCATION:

Land Adjacent to Tir Na Nog Black Lane Road Pentre Broughton Wrexham LL11 6BA

 

DESCRIPTION:

Variation of Condition 2 of Planning Approval P/2008/0522 to allow additional time for the submission of reserved matters

 

APPLICANT(S) NAME:

Mr Russell Jones

 

DATE RECEIVED:

06/06/2011

 

 

CASE OFFICER:

MP

 

 

AGENT NAME:

Blueprint

Shaun Hamilton

 

_____________________________________________________________________

 

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 Cndition 1 (above) shall be submitted in writing to the Local Planning Authority before 18 June 2012.  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 18 June 2013 years or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later.

4.         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.

5.         The gradient of the access from the development site on to Erw Gaer shall be no greater than 1 in 10 for the first 10 metres.

6.         Vehicle parking and turning facilities shall be provided within the curtilage of the site in accordance with details to be submitted for further approval.  Such facilities shall be made available for those purposes prior to the first occupation of the building(s) hereby permitted and shall thereafter be retained.

7.         This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings).

8.         The existing trees, shrubs and hedges indicated on the Tree Survey dated 10 December 2004  to be retained shall not be cut down, grubbed out, lopped or uprooted without the previous written permission of the Local Planning Authority.  Any pruning of trees approved shall be carried out in accordance with the current British Standard 3998 and subsequent revisions (Tree Work).  Any tree, shrubs or hedges removed without such permission, or being severely damaged or diseased within three years of the date of occupation of the development for its permitted use shall be replaced with trees, shrubs and hedging plants of such a size and species as may be agreed with the Local Planning Authority.

9.         Full details of the boundary treatment shall be submitted as part of the reserved matters.

10.       The reserved matters application shall include a full hard and soft landscaping scheme.

11.       No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.

12.       No surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) to the public sewerage system.

13.       The reserved matters shall include a full details of the existing and proposed ground levels of the development site and the finished floor levels of the proposed dwelling and adjacent properties.

Reasons

 

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

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

5.         To ensure the formation of a safe and satisfactory access in the interests of highway safety

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

7.         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.

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

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 prevent hydraulic overloading of the public sewerage system.

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

13.       To ensure the site is developed in such a way that does not adversely impact upon the visual amenities of the locality and the amenities of adjacent occupiers.

 

Notes to Applicant

 

1.         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.

2          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.

3          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.

4          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.

5          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

___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0391

 

 

COMMUNITY:

Penycae

 

 

WARD:

Penycae & Ruabon South

LOCATION:

Roundabout Llangollen Road, Ruabon, Wrexham LL14 6TA

 

DESCRIPTION:

Erection of Colliery Wheel

 

APPLICANT(S) NAME:

Ruabon Community Council

 

DATE RECEIVED:

06/06/2011

 

 

CASE OFFICER:

PF

 

 

AGENT NAME:

Ruabon Community Council

 

_____________________________________________________________________

 

RESOLVED - That  permission be GRANTED

 

Conditions

 

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

2.         Prior to the commencement of development full details of the final finish and colour of the colliery wheel and time scale for its application shall be submitted to and approved, in writing, by the Local Planning Authority.  The development shall be carried out strictly in accordance with such details as may be approved unless otherwise agreed in writing by the Local Planning Authority.

3.         Prior to the installation of any public interpretation board or plaque full details shall be submitted to and approved, in writing, by the Local Planning Authority.  The scheme shall include full details of its proposed position, dimensions and use of materials.  The scheme shall be implemented strictly in accordance with the details as may be approved unless otherwise agreed in writing by the Local Planning Authority.

4.         Prior to the erection of the sculpture hereby approved a plan at a scale of 1:500 shall be submitted to and approved in writing by the Local Planning Authority fully detailing its precise location.  The scheme shall be implemented strictly in accordance with the details as may be approved.

 

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.         In the interests of highway safety and the visual amenities of the area.

4.         The proposed sculpture is located in a visually prominant location on a heavily trafficked intersection.  A detailed final location plan of the sculpture is considered necessary in the interests of visual amenity and highway safety.

 

Notes to Applicant

 

1.         The applicant is advised that a more suitable location for any public interpretation board or plaque would be adjacent to a public footway either on the north western or south western arm of the roundabout and not within the centre of the roundabout.

2.         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.

3.         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.

4.         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.

5.         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.

6.         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

7.         The applicant should also be advised 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 applicant is advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

8.         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.

9.         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 813700 for further advice and information.

10.       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 813700 for further advice and information.

11.       In order to erect a monument within the public highway the applicant must enter into agreement with the council under s.115 of the Highways Act 1990.

Section 115 of the Highways Act permits the erection of such a munument in the public highway with rights to maintain.  If the monument was ever to be moved then the licence holder will be responsible for reinstating the highway.

___________________________________________________________________________

 

APPLICATION NO:

P/2011 /0427

 

COMMUNITY:

Gresford

 

 

WARD:

Marford & Hoseley

LOCATION:

28 Woodridge Avenue, Marford, Wrexham LL12 8SU

 

DESCRIPTION:

Rear extension to provide extended Kitchen, Dining, Bed and Bathrooms

 

APPLICANT(S) NAME:

Mr M Taylor

 

DATE RECEIVED:

22/06/2011

 

 

CASE OFFICER:

LB1

 

 

AGENT NAME:

Carrick Technical Solutions Ltd

Mr S Gillespie

 

_____________________________________________________________________

 

RESOLVED -That  permission be GRANTED

 

 

Conditions

 

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.

3.         With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the building facing north west or south east.

 

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 protect the amenities of the occupiers of nearby properties.

 

Notes to Applicant

 

1.         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.

2.         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.

3.         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.

4.         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.

5.         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.

6.         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.

7.         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

 

 

Councillor M.G. Morris

Chair