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REPORT OF THE CHIEF PLANNING OFFICER – 6 April 2010

Community / Code No / Applicant / Recommendation / Page Nos
ISY / P/ 2009/0355 / ENTREC LIMITED / GRANT / 2 – 6
WRC / P/ 2009/0727 / GOWER HOMES / GRANT / 7 – 18
RHO / P/ 2009/1041 / MR ANDREWLEWIECKI / GRANT / 19 – 21
LLR / P/ 2010/0026 / MRS ANNROBERTS / GRANT / 22 – 26
WRA / P/ 2010/0036 / MRS C APIERCE / GRANT / 27 – 31
BRY / P/ 2010/0045 / MRS ALUCAS / GRANT / 32 – 36
PEN / P/ 2010/0057 / MR GWILYMJONES / GRANT / 37 – 46
PEN / P/ 2010/0058 / MR GWILYMJONES / GRANT / 47 – 50
SES / P/ 2010/0077 / MR SRIGBY / GRANT / 51 – 60
MIN / P/ 2010/0081 / MR DGRIFFITHS / GRANT / 61 – 65
WRA / P/ 2010/0092 / J R CATERING / GRANT / 66 – 71
LLA / P/ 2010/0102 / MR RJONES / GRANT / 72 – 77
COE / P/ 2010/0113 / DANT Y COED DENTAL PRACTICE / REFUSE / 78 – 80
WRA / P/ 2010/0118 / MRS JULIEWILKINSON / GRANT / 81 – 85
ROS / P/ 2010/0124 / MR JAMES GOULD / GRANT / 86 – 91
WRO / P/ 2010/0132 / VETS 4 PETS LTD / GRANT / 92 – 98
WRA / P/ 2010/0136 / MR J PINKHAM / GRANT / 99 – 102
LLR / P/ 2010/0140 / TREVOR TOWER ESTATE / REFUSE/GRANT / 103 - 109

Total Number of Applications in Report: 18

All plans included in this report are re-produced from Ordnance Survey Mapping with the permission of the Controller of Her Majesty’s Stationery Office.  Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

WCBC Licence No. LA0902IL

All plans are intended to be illustrative only and should be used only to identify the location of the proposal and the surrounding features. The scale of the plans will vary. Full details may be viewed on the case files.

APPLICATION NO:
P/2009 /0355
COMMUNITY:
Isycoed
WARD:
Holt / LOCATION:
ENTREC LTDREDWITHER ROADWREXHAM INDUSTRIAL ESTATEWREXHAM
LL13 9RD
DESCRIPTION:
RELAXATION OF CONDITION NO.14 OF PLANNING PERMISSION CODE NO. P/2004/0327 TO EXTEND THE RANGE OF MATERIALS TO BE PROCESSED ON SITE
APPLICANT(S) NAME:
ENTREC LIMITED / DATE RECEIVED:
30/04/2009
CASE OFFICER:
DSW
AGENT NAME:
MR JOHN WILLIAMS

______

THE SITE

An existing industrial unit. Redwither Inn lies approximately 100m north-west of the site which is surrounded by predominantly industrial uses. The site presently operates as a tyre shredding and end of life vehicle dismantling business.

PROPOSAL

As above.

RELEVANT HISTORY

P/2004/0327 Use of site as tyre shredding and end of life vehicle dismantling. Granted 07/06/04.

P/2005/0707Relaxation of Condition No. 14 to allow storage of general scrap materials as well as those detailed in Planning Permission Code No. P/2004/0327. Refused 23/06/05. Appeal dismissed 06/04/06.

P/2006/1101Extend facility to shred tyres brought to site other than from scrap cars. Storage of skips within site area and use of mobile baling machine (in retrospect). Application withdrawn 30/06/08.

DEVELOPMENT PLAN

Within settlement limit of the Industrial Estate. UDP Policy GDP1 is relevant.

CONSULTATIONS

Community CouncilConsulted: 26 May 09

Local MemberConsulted 26 May 09

Public ProtectionNo objections

Environment AgencyNo objections. The site has an Environmental Permit for treatment and keeping of metal, end of life vehicles (ELV) and end of life tyres. The EA regulates this site and therefore any concerns we have will be dealt with through the permitting process.

HighwaysObject. Current visibility from the existing access in the south westerly direction is only approximately 2.4 x 60m measured to the nearside edge of the adjoining highway. TAN 18 requires a visibility splay of 2.4m x 120m. Visibility is impeded in this direction by the existing boundary fence and recently planted trees which front the development site.

Wrexham Access Group:Consulted 28 May 2009

Other representations:Neighbours notified: 24 June 2009

Site Notice:Expired 26 June 2009

SPECIAL CONSIDERATIONS/ISSUES

Background: The existing permission granted under Code No. P/2004/0327 specifically relates to tyre shredding and ‘end of life’ vehicle dismantling with outside storage confined to a screened area. This was restricted by Condition 14 which also prevented any retail sales from the site. A subsequent application to relax Condition 14 to allow for general scrap metal at the site was refused as it would increase vehicular movements to and from the site to the detriment of highway safety and would also result in a larger area of stored scrapped metals adversely affecting the amenity of area. The subsequent appeal was dismissed. In dismissing the appeal the Inspector identified the impact of open storage on the visual amenity of the area as the main issue, as at the time no significant screening was in place between the open area of the site and Redwither Road. In the circumstances the Inspector considered it would be inappropriate and premature to encourage further storage activity on the site as it would be very intrusive when travelling along Redwither Road. This was in contrast to other areas of Redwither Road which were well landscaped. No specific comments were made in respect of access arrangements or traffic movements.

The current application to vary Condition 14 seeks to extend the range of materials to include non ferrous metals, principally copper, mainly in the form of wire and cable, which would be partly processed on site and then conveyed to the main processor by road. I have added a condition to control any processing. In addition the variation seeks to include the capability to import ferrous scrap materials from various sources to complement the vehicle processing. The application does not seek to increase the storage capacity of the facility from that previously granted, however the organisation of the facility will be revised on the proposed layout plan. There will be no retail sales.

Visual Amenity: Since the previous appeal decision the applicants have erected a 3 metre high green mesh fence along the frontage which has been set back within the site to allow for more planting along Redwither Road. This was in accordance with the requirements of the original permission and is beginning to mature to provide good screening along this frontage. The landscaping has been implemented in accordance with the approved scheme. I believe the existing boundary treatment adequately screens the storage area from view and in time will enhance the visual amenities of the area. In this regard I consider that the previous concerns raised by the Inspector have been satisfactorily addressed and the application complies with LPG 26 ‘Landscape and Industrial Development’ and the underlying objective of policy GDP1 (a) of the UDP.

Highways: Highways have objected to this proposal as the existing access fails to provide adequate visibility. TAN 18 requires a visibility splay of 2.4 x 120m measured to the nearside edge of the adjoining highway. Current visibility from the existing access in the south westerly direction is only approximately 2.4 x 60m measured to the nearside edge of the adjoining highway. Visibility is impeded in this direction by the existing boundary fence and recently planted trees which form part of the landscaped area along the site frontage. To achieve the requirements of TAN 18 (2.4 x 120m) would require the removal of the fence and a substantial amount of the landscaped area. Further information including a speed survey has been provided by the applicants in an attempt to relax the visibility requirement in this direction. By relocating the existing access to the eastern extremity of the site frontage a visibility splay of 90m can be achieved. Whilst this remains short of the requirements of TAN 18 it represents a significant improvement on the existing situation. It would also result in the retention of the existing landscaped area.

On balance, I consider the advantages of re-locating the access in terms of retaining the planting/screening outweigh the shortfall in visibility in one direction. In addition, it does not necessarily follow that greater flexibility in terms of the type of storage will result in increased traffic movements. The area available for storage within the site is defined and the capacity controlled by condition. In the circumstances the relocation of the existing access could therefore be considered as an improvement to highway safety, which would also allow for the retention of the fencing and landscaped area. Conditions will be imposed to ensure this planting is maintained to prevent any encroachment onto the public highway.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1.The development hereby permitted shall be begun before the expiry of five years from the date of this permission.
2.The development shall only be carried out in strict conformity with the details shown on the approved drawings and in the application documentation.
3.Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order no part of the premises shall be used except for the precise purposes described in the application plans and documents.
4.Noise levels arising from the development shall not exceed 55 dBLA eq (60 min) between 0700 hours to 1900 hours, Monday to Friday and 0700 hours to 1300 on Saturday as measured at any point along the boundary of the site.
5.The car parking spaces for employees and visitors as shown on the approved plan shall be permanently retained solely for such use free from all obstruction.
6.No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.
7.There shall be no outside storage apart from that detailed in the approved plan.
8.The development shall be strictly limited to that described in the application documentation and there shall be no retail sales from the site.
9.No operations shall take place on site outside the hours of 0700 to 1900 Monday to Friday or 0700 to 1300 on Saturday.
10.No operations shall take place in the open air.
11.Any storage of materials on site shall be limited to a height of no greater than 3 metres from ground level.
12.Vehicular and pedestrian access to the development shall be limited to the new access shown on the approved plan and the existing access shall be permanently closed in accordance with details to be agreed in writing with the Local Planning Authority when the new access is first brought into use.
13.The landscaping along the site frontage shall be managed and maintained to prevent any encroachment into the approved visibility splays. Any planting which dies, becomes seriously damaged or diseased shall be replaced by plants of similar size and speciess tothat originally planted unless otehrwise agreed win writing by the Local Planning Authority.
14.The site access as relocated shall have a visibility splay of 2.4m x 90m in a westerly direction and 2.4 x 120m in an easterly direction as 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 1m in height above the level of the adjoining carriageway. The splay shall be provided prior to the commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction.

15.The exisitng green besh boundary fence along the site frontage shall be retained and in the event of damage shall be replaced by similar fencing.

16.Scrap metals and materials shall only be stored and processed strictly in accordance with the details shown in the revised working plan dated 30 April 2009. No burning shal take place on site.

REASON(S)

1.To comply with Section 91(3) of the Town and Country Planning Act, 1990.
2.To ensure that the development fully complies with the appropriate policies and standards.
3.To control the nature and intensity of the development.
4.To minimise disturbance to residential properties in the area.
5.To provide for the parking of vehicles clear of the highway.
6.To prevent hydraulic overloading of the public sewerage system.
7.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
8.In order to control the intensity of the development.
9.To minimise disturbance to residential properties in the area.
10.To minimise disturbance to residential properties in the area.
11.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
12.In the interests of highway safety.
13.To provide adequate screening and to prevent any obstruction into the visibility splay.
14.To ensure that adequate visibility is provided at the proposed point of access to the highway.

15.To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.
16.To minimise disturbance to residential properties in the area.

NOTE(S) TO APPLICANT

With regards to Condition 07 above there shall be no storage within any areas visible from Redwither Road.

______

APPLICATION NO:
P/2009 /0727
COMMUNITY:
Caia Park
WARD:
Smithfield / LOCATION:
FORMER GAS WORKS SITEBURY STREET AND GREENBANK STREET WREXHAM
LL13 8HF
DESCRIPTION:
RESIDENTIAL DEVELOPMENT (29 NO. HOUSES AND 2 NO. FLATS)
APPLICANT(S) NAME:
MR MICHAELFORGRAVEGOWER HOMES / DATE RECEIVED:
27/08/2009
CASE OFFICER:
SEH
AGENT NAME:
LOVELOCK MITCHELL ARCHITECTS
MR ROB SCHUMACHER

______

THE SITE

The former Gas Works site with two main parts separated by a sandstone retaining wall. This application relates to the upper section to the south, which currently has no vehicular access onto the highway.

PROPOSAL

PROPOSAL

This is a full application for 31 no. units (29 no. houses and 2 no. flats). The application includes a Design and Access Statement and Noise Impact Assessment.

RELEVANT HISTORY

6/6821 Construction of transport depot, for purpose of garaging and repairing gas vehicles. Granted 17.12.80

6/20930Hazardous Substances Consent

P/2000/0494Hazardous Substances Consent (for storage of gas). This Consent is revoked because the site is now in more than one ownership.

P/2005/0787Outline application for residential development.

Withdrawn 1.2.06

P/2006/1035Residential Development. Approved 05/11/2009 subject to a S106 Agreement which remains unsigned.

DEVELOPMENT PLAN

Within settlement limit and allocated as a housing site. UDP Policies PS1, PS2, PS3, PS4, PS8, PS11, PS12, GDP1, GDP2, H1, H2, H7, EC4, EC10, EC11, EC12, EC13, CLF5, and T8 apply. LPG. 7 ‘Landscape and Development’, 10 ‘Public Open Space in New Housing Development’, 16 ‘Parking Standards’, 17 ‘Trees and Development’, 27 ‘Developer Contributions to Schools’, and 28 ‘Affordable Housing’ are also relevant.

CONSULTATIONS

Community Council:Although residential development has previously been considered acceptable in principle, the increased number of units to that which was previously approved on this part of the site is inappropriate in terms of traffic generation. This is further compounded by the Eagles Meadow development. To develop the site piecemeal is not conducive to a cohesive approach to development.

Re-consulted 15/03/2010

Adjacent Com Council:Consulted 15/03/2010

Local Members:Re-consulted 15 /03/2010

Highways:No objection. However, a development of this scale and in this location may have implications on the highway network in the vicinity of the site. Subject to the carrying out of public consultation in relation to traffic management measure being carried out to the satisfaction of the Council, no objections are raised. The plans should also be amended to increase footway widths and turning radii.

Re-consulted 17/03/2010

Welsh Water:No objection to connection to the public sewer subject to recommended conditions.

Environment Agency:No objection provided that Welsh Water have no objection to connection to the public sewer

Public Protection:A Noise Survey has been submitted with the application and there are no objections subject to compliance with the measures recommended within the report. Also, subject to an appropriate condition to deal with potential contamination issues, no objection raised.

Housing:The proposed number and location of the affordable plots is acceptable.

Environment:Smithfield ward is deficient in Children’s Play Area provision, and the proposal to make a financial contribution to facilities at ‘The Dunks’ Whitegate is appropriate. Estimates and costing to follow.

CPAT:This is the earliest gas works site at Wrexham (and Wales) and preceded the Marchwiel works. Although close to medieval core, the site is away from the main streets. The history of industrial activity at the site is of archaeological interest. However, given that evaluation techniques would probably not produce the archaeological return, an appropriate watching brief would be adequate in this instance.

Access Group:Re-consulted 15/03/2009

Other representations:18 letters received raising the following:

  • The development will unavoidably bring more traffic to Albert Street, Bury Street, Stanley Street and Greenbank Street.
  • All these roads are extremely narrow by nature and are used to park cars. The situation is bad enough already following the Eagles Meadow development without additional vehicles.
  • Making an entrance at the bottom of Albert Street where people park to go to the post office is inappropriate. Extra traffic will cause more congestion;
  • Adequate on-site parking must be provided as the surrounding streets are overflowing;
  • The access should be on Rivulet Road not Greenbank Street;

Press Advert:Expired 09/10/2009

Site Notice: Expired 24/09/2009

SPECIAL CONSIDERATIONS/ ISSUES

Background: This application proposes the development of land for residential purposes. Planning permission was previously approved by the Committee in May 2007 (P/2006/1035) subject to a section 106 agreement. The S106 has not been signed and it is believed that it is not going to be pursued by the developer. The proposal now relates to a smaller site area to the south (upper part), with the development of 31 residential units comprising of 29 two, three and four bedroom dwellings and 2 one bedroom flats.

Policy: The site is within the settlement limit and is allocated for housing, and as such, there can be no objection to the principle of residential development. There are a number of issues that should be addressing in order to ensure compliance with local policy including affordable housing provision, Public Open Space (POS), parking and education payments.

Highways and Access: No objection in principle subject to some minor amendments to the width of the footways and turning heads. A consultation exercise is to be funded by the developer which will consider traffic orders for the management of traffic will be carried out and any measures that are determined to be required and supported by local residents should be fully implemented. This will be dealt with by planning condition together with the submission of a suitable construction traffic management plan.