AGENDA ITEM NO.
REPORT TO: / Planning CommitteeREPORT NO. / CPLO/15/04
DATE: / 8 March 2004
REPORTING OFFICER: / Chief Planning Officer
(Development Services Directorate)
CONTACT OFFICER: / Stephen Griffiths (Ext 2482)
SUBJECT: / “Dalewood Brook”, Off Smithy Lane, Pentre Bychan, Wrexham
WARD: / Ponciau
PURPOSE OF THE REPORT
To seek Members’ authority to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 in respect of the unauthorised construction of a wooden store building, the unauthorised stationing of a static caravan for residential purposes and the unauthorised storage of concrete moulds at the above mentioned site.
INFORMATION
The Site
1The land is a small parcel of agricultural land situated between the B5097 road which runs between Legacy and Rhosllanerchrugog and the B5426 which runs between Legacy and Pentre Bychan. The site is adjoined on its eastern boundary by six residential properties, on its southern boundary by one residential property, and on its western boundary by one residential property and a commercial site.
The Development Plan
2The site is outside the defined settlement limits of the adopted Wrexham Maelor Local Plan and the emerging Unitary Development Plan.
Background Information
3The site is a unit of approximately 3.8 hectares of agricultural land on which the current owner has planted a large number of trees. The land is not currently being grazed and the information the Planning Department has is that this has been the case for a number of years.
4The Planning Department first became involved with this site when complaints were received regarding the construction of a field track across it. A retrospective planning application to retain the track was approved, subject to conditions, on 9 April 2001. At the time of the approval, the owner had constructed a compound on the northern part of the site, within which his dogs were kept. There was also a touring caravan present, which was being used for storage and a mess facility.
5On 23 August 2001, the owner made a planning application for the erection of a barn “to store hay, fodder, machinery (ie tractor) and tools”. This was approved, subject to conditions, on 12 November 2001.
6In September 2003, the Planning Department received complaints from the occupiers of a number of properties in the vicinity. The complaints were made regarding a number of issues. They were as follows:-
i)The barn approved under planning permission code number P/2001/0814 was in the wrong position.
ii)There were three caravans present on the site, one static and two tourers.
iii)An excessive number of vehicles were parked/stored on the site.
iv)There were a large number of concrete moulds stored on the site.
v)Drainage works connected with the construction of the field track had not been carried out in full.
7Following an investigation by the Area Planning Enforcement Officer, it was also found that there was an unauthorised wooden barn/shelter which was being used for general storage. In meetings with the owner of the site, my Officers made a number of requests to resolve the breaches of control on the site. He was asked to remove two of the three caravans on the site, and was warned that any residential use of the remaining static caravan would likely result in formal planning enforcement action being taken. The owner gave an assurance to my Officer that he had no intention of using the caravan for residential purposes. With regard to the concrete moulds, my Officer asked that they be removed and received an assurance that they would be before Christmas 2003. With regard to the other complaints about the site, it was considered that the re-positioning of the approved barn was not significant, the number of vehicles present were not excessive and a drainage scheme for the site had been approved and it was agreed that it would be fully implemented by the end of June 2004.
8Despite the assurances of the owner of this site, a retrospective planning application to retain the wooden store building has not been submitted. The concrete moulds also remain on the site. The Planning Department has also received information that since early January 2004, the static caravan on the site has been used for residential purposes.
Local Councillors
9Both Local Members are aware of the circumstances at this site and support the recommendation.
Conclusion
10The three breaches of planning control outlined are contrary to Policies S1, S4 and H5 of the adopted Wrexham Maelor Local Plan, and Policies PS1, GDP1 and H5 of the Unitary Development Plan, which is given significant weight for development control purposes. This site has now been included in the Special Landscape Area in the Unitary Development Plan. In this area, priority is given to the conservation and enhancement of the landscape, and development will be required to conform with a high standard of design, and special attention will be paid to minimising its visual impact.
RECOMMENDATION
That authority be given for the issue of Enforcement Notice/Notices under Section 172 of the Town and Country Planning Act 1990 to remedy the breaches of planning control and that the Chief Planning Officer be authorised to settle the final form and content of the Notice.
BACKGROUND PAPERS
None.