REPORT of the CHIEF PLANNING OFFICER 1 February 2010

Page No 1

REPORT OF THE CHIEF PLANNING OFFICER – 1 February 2010

Community / Code No / Applicant / Recommendation / Page Nos
WRO / P/ 2008/0649 / HARROW ESTATES PLC / GRANT/REFUSE / 3 – 21
WRO / P/ 2008/0728 / HARROW ESTATES PLC / GRANT / 22 – 28
CEF / P/ 2009/0719 / GOWER HOMES / GRANT/REFUSE / 29 – 36
COE / P/ 2009/0794 / BRYN PROPERTY CO LTD / GRANT/REFUSE / 37 – 46
RHO / P/ 2009/0927 / WALES AND WEST HOUSING ASSOCIATION / GRANT / 47 – 61
CEF / P/ 2009/0948 / WREXHAM COUNTY BOROUGH COUNCIL / GRANT / 62 – 67
WRR / P/ 2009/1000 / MR PRHODES / GRANT / 68 – 73
BRO / P/ 2009/1001 / BLOOR HOMES (WILMSLOW) LTD / GRANT/REFUSE / 74 – 80
RHO / P/ 2009/1003 / MR JHUGHES-LLOYD / GRANT / 81 – 86
WRO / P/ 2009/1004 / HAWK DEVELOPMENTS / GRANT/REFUSE / 87 – 94
LLA / P/ 2009/1006 / MR CRISPINWHITING / GRANT / 95 – 97
BRO / P/ 2009/1007 / PRICEHARRIS DEVELOPMENTS / GRANT/REFUSE / 98 – 102
BRO / P/ 2009/1032 / MR JOHNMORGAN / GRANT / 103 – 106
LLA / P/ 2009/1009 / MARSHALLS MONO LTD / GRANT / 107 – 118
LLA / P/ 2009/1027 / ELSTEEL UK / REFUSE / 119 – 121
WRR / P/ 2009/1028 / ARGOS DISTRIBUTION LTD / GRANT / 122 – 125
RUA / P/ 2009/1040 / MR COLINBAILIFF / GRANT / 126 – 127
RUA / P/ 2010/0007 / MRS BARBARA STEVENS / GRANT / 128 – 129
WRO / P/ 2009/1043 / MR DAVIDEDWARDS / GRANT / 130 – 132
GRE / P/ 2009/1053 / WREXHAM COUNTY BOROUGH COUNCIL / GRANT / 133 – 135
WRR / P/ 2010/0002 / CYRIL JONES AND CO / REFUSE / 136 - 139

Total Number of Applications Included in Report = 21

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/2008 /0649
COMMUNITY:
Offa
WARD:
Brynyffynnon / LOCATION:
LAND AT FORMER BROTHER INDUSTRIESCROESNEWYDD ROAD WREXHAM
LL13 7YP
DESCRIPTION:
OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT (84 DWELLINGS) AND ALTERATION TO EXISTING VEHICULAR AND PEDESTRIAN ACCESS
APPLICANT(S) NAME:
HARROW ESTATES PLC / DATE RECEIVED:
10/06/2008
CASE OFFICER:
JGK
AGENT NAME:
THE PLANNING CONSULTANCY

______

THE SITE

As above – the site is opposite Yale Hospital and backs onto the A483.

PROPOSAL

As above – as submitted it was for 121 dwellings but has now been amended.

Screening Opinion

A Screening Opinion (Town and Country Planning [Environment Impact Assessment][England and Wales] Regulations 1999) was adopted on 1 July 2008 assessing the proposal concluding that there would be no significant environmental impacts that would justify a decision to require an Environmental Impact Assessment.

RELEVANT HISTORY

P/2005/1464Outline application for residential development (122 no. dwellings) and alteration to existing vehicular and pedestrian access. Refused 15.09.06.

appeal dismissed 11.12.07.

P/2006/1044Earth works to form a development platform for residential development. Withdrawn 01.11.06.

P/2008/0728Earth works to form development platform for residential development. Pending – report to committee follows this report

DEVELOPMENT PLAN

Within the settlement. The policies relevant are PS1, PS2, PS3, PS4, GDP1, GDP2, EC4, EC6, EC12, EC13, EC14, H2, H7, CLF5, T8, T9 and T10. LPG 7 Landscape and Development, 10 – Public Open space in New Housing Development, 15 – Cycling, 16 – Parking, 17 – Trees and Development, 21 – Space around Dwellings, 23 – Development Sites with Land Contamination, 24 – Designing out Crime, 27 – Developer Contribution to Schools, 28 – Affordable Housing and LPG 30 - Design.

Other relevant guidance is contained in Planning Policy Wales (May 2002), TAN 11 Noise (1997), 12 – Design (June 2009), 15 – Development and Flood Risk (July 2004) and TAN 18 Transport (2007).

CONSULTATIONS:

(Amended plans received 18.06.09, re-consultation undertaken, Amended layout plan received 17.12.09, internal re-consultation undertaken - any new comments received shown in italics)

Community Council: Objects on the following grounds:

• Over intensive development of the site.
• Insufficient parking allocation within the development.
• Insufficient green open space for recreational use - the nearest playing fields are at Maesgwyn and Ysgol Clywedog - Section 106 funding will be required from the developers.
• If the bund is removed from the front of the development the apartments blocks must still be set well back from the road with considerable landscaping in front to blend in with the frontage to the adjacent technology premises.
• The cycleway that runs from Ruthin Rd past the Redrow development to the railway bridge should be continued past the frontage of this development.
• The boundaries to the East and West of the development site should be of the same width and density as the northern boundary along the A483.
• A more imaginative scheme is called for.

Local Member:Notified 12.06.08

Highways:Subject to the provision/approval of revised layout plans demonstrating amendments to the following areas, no objection raised:

Turning heads, private driveways, footways/cycleways, parking provision, visibility splays, tree planting, retaining structures, construction details and the transport statement and travel plan. New Comments received as follows: the amended layout plan is considered acceptable - recommend conditions, S106 Agreement to ensure payment of commuted sums in respect to improvements to public transport and in lieu of future maintenance of proposed adopted highways.

Public Protection:The site has been used for a previous industrial use and is located within 250m of a former landfill site. Attach condition to deal with potential contamination. Provision of detailed noise mitigation measures in accord with submitted noise appraisal to be conditioned. Also attach conditions to control the environmental impact of noise generated by the construction phase and the submission of a Dust Management Plan. Add Notes to Applicant.

Economic Development:Notified 17.06.08.

Housing:Notified 17.06.08.

Welsh Water:Objects to development. The proposed development would overload the existing public sewerage system. Information provided by applicant to address this issue. Now no objections to the proposal - recommended conditions.

Environment Agency:No objections.

• Request that mitigation measures identified in Ecological survey are adopted as conditions.
• Request that a streamside buffer alongside the Afon Gwenfro that is at least 7 metres wide or to satisfaction of Council’s Ecologist
• The flood plain is identified within the submitted Croesnewydd Road Flood Consequence Assessment Update. No objection subject to conditions ensuring no changes to the flood plain area and that no development takes place until a scheme for the provision and implementation of a surface water run-off limitation has been approved. Add conditions and Notes to Applicant.

No objections to amendments.

CCW:No objection in principle but submits holding objection as the application does not include sufficient information to inform decision making. Advise that the application not be determined until satisfactory ecological survey for grass snakes, slow worms, common lizards, badgers, bats and breeding birds has been submitted. New comments received as follows:

Consider the survey to be satisfactory. However, the assessment fails to take into account that otters using the Gwenfro form part of the Afon Dee otter population. The Dee otter population is one of the features of the River Dee and Bala Lake SAC. Consequently the LPA will need to consider the provisions of Regulation 48 during the determination of the permission. We note that the application is for outline permission. To ensure no adverse impact on otter we advise the inclusion of condition requiring the provision a 30m buffer zone (15m from the edge of each bank) that runs parallel to the Afon Gwenfro.

Education:Developer contribution required towards primary school provision. No contribution required for secondary school provision.

Wrexham Access Group:Notified 17.06.08

WACivic Soc:comments received as follows:

• High density residential development would be an inappropriate use of this area which at present is used exclusively by largely hi-tech offices of a good design and appearance.
• The introduction of a large number of private dwellings would therefore surely be incongruous in this established and harmonious environment and clearly be out of character and damaging to what has been achieved here.
• The volume and frequency of vehicle movements would be an inevitable increase on present levels and would add to traffic congestion.

New comments received as follows:

• The development as proposed would be out of keeping and result in problems arising from increase in traffic movement which would exacerbate the busy nature of the roadway due to the proximity of hospitals and other developments in the area.

WAG (Transport Wales):Does not wish to issue a direction.

Site Notice:Expired 08.07.08.

Press Notice:Expired 11.07.08.

Other representations:Notified 17.06.08

APPLICANT’S SUBMISSIONS

Comments raised by Community Council/Wrexham Area Civic Society:

“Most of the comments listed from the two organisations relate to arguments that were well aired in relation to the previous application which was considered by the appeal inspector. The submitted supporting statement and Design and Access Statement carefully analyse what the inspector said about the principle and the detailed design and the conclusions have been taken forward as a basis for the current proposal. We feel that matters have moved on and the Inspectors’ decision provides an answer to the points raised.”

SPECIAL CONSIDERATIONS/ ISSUES

Background: The application site of approximately 3.9 ha has a long history of employment use having formed part of the Wrexham Technology Park developed by the former Clwyd County Council. It includes the site of a redundant factory building which was in operation up until four years ago. The premises have remained vacant although the parking areas did provide temporary parking for Wrexham Hospital.

The application is for outline permission seeking to establish siting, landscape and means of access for the proposed development originally for 121 dwellings. A Planning Statement was submitted in support of the application accompanied with detailed studies in relation to landscape, hydrology, ecology, transport and acoustics. A Travel Plan was also submitted.

This is the second application on the site that seeks outline planning permission for residential development. The previous application was refused on the grounds that the site was within an industrial area and the use of the site for residential purposes would decrease the attractiveness of the surrounding land for future business uses, that the location on the edge of Wrexham Technology Park would compromise the amenity of future occupiers and because approval would result in an unacceptable loss of landscaping. The application was subsequently dismissed at appeal on the grounds that the details of the proposed residential development were not considered appropriate. However significantly, the Inspector also concluded that there was no policy objection to the principal of residential development at the site.

The current application was submitted following the Inspector’s decision and pre-application advice with the LPA and this report is prepared following ongoing negotiations to the scheme resulting in a number of amendments. The current revised proposal has substantially reduced the number of units to 84.

A further application (P/2008/0728) has been submitted seeking full planning permission to carry out earthworks to construct a platform for the future residential development. The recommendation is to grant planning permission (see my report – P/2008/0728 refers).

Policy: The site is within the settlement limit. Although the previous application was dismissed at appeal the principle of developing the site for residential development was not objected to by the Inspector. It is therefore in accord with UDP Policies PS1, PS3, PS4 and H2 which directs development to within existing settlement limits, encourages the use of brown field sites while maintaining the existing settlement pattern. and requires that the site maintains the existing settlement pattern and allows for the integration with public transport.

The issues relating to this proposal are how it complies or not with the more detailed considerations in relation to UDP Policies which promote good design, safeguard amenity, enhance townscape/ landscape, protect the natural environment and ensure that there is no adverse impact upon the highway; requires necessary provision of additional infrastructure facilities on or off site; protects against flood risk and excessive surface run-off; requires adequate links to the adjacent proposed footway/cycleway; and which ensures provision of adequate public open space. There are also a number of Local Planning Guidance Notes, which are also relevant.

I comment on these as follows:

Sustainable Development: A key objective of the Council is to increase the overall sustainability of development proposals. LPG 30 – Design, offers advice to applicants on how this objective can be met. The proposal offers the opportunity to develop a brownfield site within walking distance of services, schools and Wrexham Town Centre and is in line with Local and National policy regarding sustainability. Discussions have taken place with the developers to secure improvements to the public transport links to and from the site. The proposed layout of the site has been designed to maximise solar gain to houses. Pedestrian and cycle routes will be promoted; a Travel Plan details measures to decrease the dependence upon the car and to also promote public transport.

The proposed development will target Code for Sustainable Homes Code 3. (If the application had been submitted now this would be the mandatory requirement) In terms of energy consumption therefore, the target will be CO2 emissions to be at least 25% lower than that required under current building regulations. The adoption of Code 3 as the target will ensure that a whole range of environmental design measures will be considered in accordance with recent planning guidance. As this is an outline application matters relating to the sustainable building techniques will be addressed in more detail at the reserved matters’ stage. In this regard, I have attached a condition requiring a sustainable programme of works to be approved and implemented in accordance with a timescale to be agreed with the Council.

Layout: The development has been set back from Croesnewydd Road to allow for the retention of existing trees that provide visual value to the townscape along the site frontage. Additional landscaping to this frontage will help to soften the appearance of the development.

The orientation of the properties along the main access road into the site helps to provide an active frontage to the development. The access road leads down to a centrally located area of public open space which adds significant value to internal views of the development along the four main estate roads.

The amended layout also accommodates for the provision of a 15 metre buffer zone along the River Gwenfro to ensure the provision of the habitat for protected species. The buffer zone also provides significant amenity value to the development and has resulted in an amended layout of the scheme and a reduction in the number of dwellings. This reduction has resulted in a layout of a significant lower density which substantially improves views from within the site and from outside.

The layout proposed meets the relevant Council guidance for securing amenity to new dwellings, provides attractive views from within and outside the site through the positioning of the public open space areas and the landscaping to the frontage with Croesnewydd.

Building Design: This will be addressed at the reserved matters stage.

Highways: Access has not been reserved and so is subject to consideration within this report. Highways have raised no objections to the proposal following amendments to the scheme that have addressed concerns surrounding turning heads, footways/cycleways, parking provision, which are now considered sufficient and visibility splays, which have been adequately demonstrated at the internal junctions and with the junction at Croesnewydd Road.

The application has been submitted with a Transport Statement and Framework Travel Plan which assess the proposal and its potential needs. The Transport Statement submitted concludes that the proposed development would not represent a significant increase in traffic upon the highway network nor have a negative impact upon the highway network. The Framework Travel Plan identifies objectives and aims to reduce reliance on the car and support more sustainable means of travel to future residents. A Final Travel Plan will be secured by condition to ensure that the recommendations within the Framework Travel Plan are implemented.

To assist in creating a more sustainable development it is important that consideration is given to the needs of public transport and the provision of adequate facilities. To ensure the provision of adequate facilities, e.g. bus shelters, raised kerbs etc and diversion of existing services, will require funding comprising a one off payment of £5000 and £1200 per annum for a following five years. This contribution would be achieved through a section 106 Agreement.

Highways considers that the type of surfacing being proposed is more costly to replace than standard construction materials and that the commuted sum is essential if the council is to accept on-going liability for the site. I would therefore anticipate that the Agreement will require a contribution to the Highway Authority to cover the extra cost of future maintenance.

Ecology: The application has been submitted with an Ecological Survey and Assessment. It is recognised that there are areas of importance within and adjacent to the site which may be affected by the proposal. Of particular importance are the substantial existing woodland along this boundary and the River Gwenfro (along the south-western boundary). This has been identified as an important habitat for Otters and the site has the potential to support other protected mammal, reptile and amphibian species. Along with the river the ecological report highlights the woodland corridor as the key ecological habitat within the site and recommends measures to enhance this.

Following the amendments to the scheme as described above, Ecology and CCW are satisfied that the 15 metre buffer strip from the edge of the river to the built development will provide suitable protection to the Otter habitat during and after construction. The buffer strip will also provide visual amenity to the site. However, it will not be multi-functional in its use and to separate the protected area from the development a suitable native hedge and fence boundary will be required and secured through condition. The future protection of the nature conservation interest will be secured through the submission and approval of an Ecological Method Statement and Management Plan when considering the reserved matters’ application for residential development. However, in relation to this application, the important consideration is to ensure that the wildlife corridor has been identified and protected from any adverse development work. Protective fencing will be erected to ensure that this is the case (condition attached).