REPORT OF THE CHIEF OFFICER PLANNING AND REGULATORY … · 2020-07-21 · REPORT OF THE CHIEF OFFICER PLANNING AND REGULATORY Dated 27th JULY 2020 HISTORY P/2005/1248 Outline application

REPORT OF THE CHIEF OFFICER PLANNING AND REGULATORY Dated 27th JULY 2020

APPLICATION NO: P/2020 /0103 COMMUNITY: Rhos WARD: Ponciau

LOCATION: LAND OFF NORTH ROAD PONCIAU WREXHAM LL14 1HF DESCRIPTION: APPLICATION FOR APPROVAL OF RESERVED MATTERS PURSUANT TO PERMISSION P/2019/0939 - LAYOUT, SCALE, APPEARANCE, LANDSCAPING FOR THE ERECTION OF 23 DWELLINGS APPLICANT(S) NAME: CLWYD ALYN HOUSING ASSOCIATION

DATE RECEIVED: 13/02/2020 CASE OFFICER: MP AGENT NAME: MR IAN STOCKDALE

______________________________________________________________ THE SITE

PROPOSAL As above

Application site


HISTORY P/2005/1248 Outline application for erection of dwelling and garage.

Refused 6.2.06 P/2006/0762 Outline application for erection of dwelling and garage. Withdrawn 5.10.06 P/2007/1016 Outline application for residential development. Granted 9.10.2007 P/2009/1030 Submission of reserved matters pursuant to outline planning

permission code no. P/2007/1016 granted October 2007 in respect of siting, design, external appearance, means of access and landscaping – residential development (erection of 17 dwellings). Approved 24.5.2012.

P/2015/0382 Outline application for the erection of 23 dwellings – all matters

reserved except for access. Granted 10.1.2017 P/2016/0458 Outline application to erect 1 no. detached dwelling with associated

parking and new access. Granted 10.1.2017 P/2019/0939 Application for variation of conditions no.2 and 3 imposed under

planning permission P/2015/0382 to extend time limit for commencement of development by 5 years. Granted 10.2.2020

P/2019/0940 Application for variation of conditions no.2 and 3 imposed under

planning permission P/2015/0382 to extend time limit for commencement of development by 5 years. Granted 10.2.2020

Part of the site covered by P/2007/1016 P/2007/1309 Erection of detached dwelling and double garage. Approved 26.3.2008. P/2009/0443 Erection of detached dwelling and garage with ancillary works (partly in

retrospect). Granted 20.7.2009. DEVELOPMENT PLAN Within the settlement limit. Policies PS1, PS2, GDP1, GDP2, EC4,, EC6, H2, CLF5 and T8 apply. CONSULTATIONS Community Council: Concerns were raised regarding the following:

Application P/2015/0382 were for a specific type of housing and a separate applicant, this was for 24, which is seems 1 was built in 2016 covered by application no. 2016/0458.


Applications received P/2019/0939 & 0940 related but only to extend the time limit by 5 years.

This application now relates to P/2019/0939 and reserved matters, altering the layout, scale, and appearance and also the use now for social housing.

Council does support social housing but there is also a need in the community for larger family housing and although this application does include 9 x 3 bed apartments, this is not what council supported in the original application. There are also 6 units of a 1 bed house and includes 40 parking spaces which in effect means 40 cars.

The concerns raised were that should this have been a new application altogether?

The increase in traffic on an already busy area, with the possible access used being Oak Road or

Stanley Road, both of which have restricted view onto Fennant Road.

This application does not include access, will there be a further application that will consider the access once the planning of the properties has been approved?

Request that the concerns are raised when considering the application further. Commented as follows on the amended plans:

There have been many concerns raised previously regarding this application;

The new plan shows that block F, which is a block of 1 x 1bed x 1 person has been moved to a different location sideways onto the gardens of Park Road residents, it also shows on the plan that 1 corner is outside the planning area curtilage. Council are fully supporting the residents preference, in that the Block F should remain in the far right hand corner (NNE) as specified in the plan received on 13th February and dated 10.02.20 and that C be moved back to that position.

Council accept that the access has been determined in line with previous planning approval and would re-iterate the plan dated 10.02.20 if the preferred layout and to maintain the 23 dwellings as originally planned.

Local Members: Both Local Members expressed no concerns. Public Protection: No comments Highways: The proposed site layout is considered acceptable. No

objections on highways grounds. Contaminated Land: No comments – contaminated land conditions have been

imposed on the outline planning permission. Senior Flood Officer: Confirmed that an application for SAB approval has been

submitted.


Welsh Water: No objection subject to compliance with the requirements of conditions 5 and 6 of permission P/2019/0939.. This application was not registered before 7th January 2020 therefore the development is subject to Schedule 3 of the Flood and Water Management Act 2010.

NRW: No objection. Coal Authority: Further information requested. Unable to recommend

discharge of condition 04. Ramblers: This is near footpath Rhos 48 which should not be

diverted of block by the development no during its construction.

Site Notice: Expired 12.3.2020 Neighbours: The owners/occupiers of 23 properties notified 19.2.2020.

3 representations received making the following comments: - There is a need for larger properties as opposed to

social housing; - Increased traffic on North Road, Oak Road and

Stanley Road; - The application is in breach of a restrictive covenant

placed on the land in November 2002. The owners/occupiers of 12 properties notified 1/7/2020 in respect of the submission of amended plans.

23 objections received expressing the following concerns: - Did not receive any notification initially - Visibility coming out of north Road; - Lack of pavement for pedestrians using North Road to

get to the bus stop on Bank Street; - Proximity to local services without using a car – bus

stop 300m, shop, 1km, medical 1km, school, 900m; - Proximity to neighbouring boundaries; - Overlooking; - Loss of mature trees; - Density of dwellings near boundaries; - Increased traffic on the road into the site and on North

Road, Stanley Road, Oak Road and Fennant Road; - Noise; - Noise due to increased traffic; - Impacts upon parking; - Fear of crime; - Increase in crime, noise disturbance and nuisance

because the properties being social housing; - Nature conservation; - The appearance of the dwellings/not in keeping with

the area; - This is now a totally different application due to a

change from private to social housing. - The area cannot support so many people; - Loss of green space; - Flooding;


- Impact upon doctors, dentists; - Japanese knotweed; - Insufficient local infrastructure; - Planning permission rejected in 2004; - Site should be used for low density development; - Unsure why Highways have no raised objections; - Conflict with LDP policy DM1; - Incorrect boundary with neighbouring property shown; - Lack of garden for flats; - Proximity of dwellings to boundary; - Bin storage is inadequate; - Lack of footway to the flats; - Offa’s Dyke runs behind the development; - Bats and newts have been found in the area. - Flats are overbearing and out of scale; - Proximity of the flats to Grango school fence; - Type of housing has changed to social housing which

spells bad news for local residents. - Parking - Residents may trespass on the school fields; - Proximity of houses to rear gardens of Park Road; - Increase from 17 dwellings previously approved to 23

dwelling - No proper right of way to former scrapyard further

along the track SPECIAL CONSIDERATIONS Principle of development: The site lies within the settlement limit and the principle of developing it for 23 dwellings is established by way of the extant planning permission P/2019/0939 which was granted in February 2020 and renewed an earlier outline planning permission P/2015/0382 which was granted in January 2017. Matters relating to the principle of development and the number of dwellings proposed is proposed is appropriate were considered when application P/2015/0382 was granted. The position of the site access was also approved at outline planning permission stage. In considering this application the Council cannot revisit these matters and is limited to considering the merits of the development in respect of appearance, landscaping, scale and layout. Refusal of the application due to concerns about matters that have already been approved would almost certainly result in an award of costs being made in the event of a planning appeal. Layout and Design: Whilst noting the comments made by the Community Council, the proposals fall within the scope of the extant outline planning permission. The layout plan submitted with application P/2015/0382 was an indicative plan only – layout having been reserved for subsequent approval. The application proposes the erection of:

6 x 1 bedroom apartments

12 x 2 bedroom dwellings;


5 x 3 bedroom dwellings A copy of the site layout plan is included below:

Representations have questioned the need for or expressed concerns about the provision social housing and suggested that there is a local need for larger houses. The UDP does not include any policies to require a specific mix of house types, either County Borough wide or within specific settlements. The extant permission also imposes no restrictions on the tenure of properties that are built on site. Indeed other than where proposals for 25 or more dwellings are specifically required to provide affordable houses under policy H7, the tenure of housing provided on a site is entirely outside of the scope of planning control. It is therefore the case that there are no planning grounds to object to the tenure or the size of the properties proposed.


Notwithstanding the above, Ponciau falls within an area of the County Borough that the Local Housing Market Assessment Update (April 2018) has identifies as having a high level of need for affordable housing, with the need for 1 and 2 bedroom units being the greatest. The site also lies within an area of the County Borough that both the WCBC Viability Study (January 2018) produced by Andrew Golland Associates (AGA) and the more recent Wrexham Viability Study (September 2019) produced by the District Valuer Services (DVS) both recommended be subject to a 0% affordable housing required. The delivery of affordable housing in this part of the County Borough is therefore entirely dependant upon sites brought forward social housing providers, including the applicants. The site has secured Welsh Government funding for the development of social housing, however the Welsh Government and the Council are going to be reviewing the sites that funding has been allocated to in early September. Funding is likely to be de-committed from sites where the social housing providers are unlikely to be in a position to commence development. The layout of the site is broadly similar to the reserved matters previously approved in 2012 (reference P/2009/1030), albeit incorporating some changes to enable an additional 6 dwellings to be accommodated. It is also broadly reflective of the indicative plan submitted with outline application P/2015/0382, which includes a higher density of development on the western part of the site. The scheme includes a variety of house types, with variations in external facing materials between plots. The front elevations for the Type A and Type F are shown below, however these are broadly representative of the overall character of the development:


The majority of the dwellings will front onto an area of open space that will adjoin the boundaries of the existing properties Ger yr Owen and Grango Park. A mix of different means of boundary treatment will also be used, taking into account the relative prominence of respective boundaries. Development in the immediate locality displays a variety of architectural styles and viewed in this context the proposals an acceptable form of development that is in keeping with the character of the area. Whilst there are self seeded trees within the site, these are mostly located on its periphery. There are no mature trees of high amenity value likely to be affected by the development. Amenity: The position and orientation of the dwellings relative of existing properties ensures that the separation standards recommended by Local Planning Guidance Note 21 are exceeded, therefore I am satisfied the proposals will not prejudice the standard of amenity afforded to nearby occupiers by way of loss of light, privacy or by being overbearing. Whilst I note comments have specifically been made regarding the 6 proposed flats, the location of these is acceptable from a Planning perspective. The flats are to be located in the north-west corner of the site. The flats will be over 30 metres from the nearest dwelling in Park Road and just over 3 metres from its boundary. The closest part of the flats comprises of a gable elevation with no windows. The nearest elevation with windows facing a south-westerly direction (i.e towards properties in Park Road) will be around 49 metres from the nearest dwelling and around 14 metres from the boundary. Having regard to the position and orientation of the flats relative to the dwellings in Park Road, as well as the fact that the separation distances recommended in LPG21 are significantly exceeded, there would be no valid grounds to refuse the application on the basis of harm to residential amenity or defer the application for further amendments to be made. The site layout provides sufficient separation between proposed dwellings as well as garden space to adequately provide for the amenity of future occupiers of the


development. In respect of the flats, there is a private area in excess of the 60 sq.m recommended by LPGN16. The flats will also have a dedicated area of bin storage. The applicants are aware of the concerns that have been expressed about the application, in particular the location of the flats. They have however requested that the proposal be determined on the basis of the amended plans they have already submitted. They have however offered to put forward revised proposals for boundary treatment along the western boundary of the site (i.e. with properties Park Road) so that a more substantive means of enclosure, such as a brick wall, is provided in place of the 1.8m fence currently proposed. Access and parking: Access was approved at outline planning permission so cannot and the extant planning permission establishes the principle of up to 23 dwellings being erected on the site. These matters cannot be revisited. The impact of the traffic associated on the wider road network was considered when outline planning permission was granted. Highways did not object to the outline planning application. The proposed flats will benefit from a footway directly in front of the units. Residents will need to cross a turning head to access footpaths that will provide pedestrian access onto North Road. I am satisfied the layout adequately provides for pedestrian access within the development and to the wider area. The LPGN16 maximum parking provision is 1.5 spaces per 1 bedroom property, 2 spaces for a 2 bedroom dwelling and 3 spaces for 3 bedroom dwellings. The proposed 1 bedroom flats will have 1 space each and all of the dwellings will have 2 spaces each. This is below the LPGN16 maximum by 0.5 space per flat and 1 space per 3 bedroom dwelling. Data from the 2011 census for the Ward is shown below indicating the availability of vehicles by house type.

Accommodation Type

Total Car or Van Availability

No cars or vans in household

1 car or van in household

2 cars or vans in household

3 or more cars or vans in household

Houses 100% 21% 43% 28% 8%

Flats 100% 61% 34% 4% 1%

The above demonstrates that very few households living in houses in the Ward have more than 2 vehicle, and that a very small minority of households living in flats have more than 1 vehicle. Indeed the majority of households living in flats do not have access to a vehicle at all. The site lies also within a settlement that is reasonable well served by public transport. A small shortfall in the maximum LPGN16 maximum provision would not be a valid reason to refuse the application in this instance. Coal Mine Risk Assessment: Because the site lies within in an area that the Coal Authority classifies as high risk area due to past mining activities, condition 04 of the outline planning permission requires that a scheme of intrusive site investigations been carried out and a report of the findings, including details of any remedial


measures required be submitted with the reserved matters. Whilst a report has been submitted the Coal Authority has advised that they require further information. They are not able to recommend the discharge of the condition at this time. I have asked that the applicant submit the information the Coal Authority have requested. Drainage: I note the comments made by Welsh Water. The outline planning permission is subject to a condition requiring a scheme of foul and surface water drainage to be submitted and approved prior to the commencement of development. This provides sufficient scope to ensure this matter is adequately dealt with from a planning perspective. The developer will also need to ensure that they comply with the requirements of the Flood and Water Management Act 2010 in respect of surface water drainage. Should this require any post-approval amendments to the site layout currently proposed then this is a matter that the applicants will need to address by seeking further planning approval. Ecology: The outline application was accompanied by an ecology assessment of the site and the planning permission is subject to a condition requiring mitigation measures to be put in place during construction in respect Great Crested Newts and nesting birds. Noise, Crime and Anti-social Behaviour: I recognise that there will be some noise during construction; however this is likely to be for a comparatively limited period. The traffic associated with the development is unlikely to generate a level of noise that result in significant disturbance for the occupiers of nearby properties. In any case, as already noted above, the principle of development and number of dwellings is already established. The layout of the development maximises opportunities for natural surveillance within the development, therefore I have no reason to believe that the proposals will be at risk of crime or anti-social behaviour in the area. Concerns regarding noise, nuisance, crime or anti-social behaviour arising from the occupation of properties would be matters arising from the behaviour of individual occupations. I have no evidence to suggest that the occupation of the proposed dwellings poses a greater risk of such problems than the occupation of existing dwellings in the locality. In any case, the behaviour of individual occupiers falls outside of the scope of planning control, planning being only concerned with the use of land. There are sufficient controls in place via other legislation to deal with crime, anti-social behaviour or noise should they occur. Other Matters: Whether or not there is a restrictive convent on the land is not a material planning consideration and therefore this has no bearing on the outcome of this reserved matters application. Concerns have been expressed that the plans submitted show land belonging to the owner of adjacent property as forming part of the application site. I have brought this matter to the attention of the applicant’s agent who has amended the site boundaries accordingly. This matter does not impact upon the layout of the development and I have taken it into account when commenting on the detailed aspects of the proposals above.


A representation has referred to there being no proposal to include access up to an adjoining plot of land. The planning permission imposes no requirements for the applicants to provide access to adjacent land. This is in any case primarily a private matter between the applicants and the owners of the adjoining land. Japanese Knotweed: I note concerns have been raised about this matter. It was not an issue identified when outline planning permission was granted, however it is a matter that can be addressed by condition. CONCLUSION Subject to the receipt of the outstanding information in respect of condition 04 of the outline permission and confirmation from the Coal Authority that the condition can be discharged, the proposals accord with the relevant UDP policies. RECOMMENDATION: That that the Chief Officer Planning and Regulatory be given delegated authority to Approve the application subject to:

a) the submission of the outstanding information in respect of condition 04 and confirmation from the Coal Authority that the condition can be discharged; and

b) subject to the conditions below: CONDITION(S) 1. The development shall be carried out in strict accordance with the following plans: i. 3276 000-001 Revision A Existing Site Location Plan ii. 3276 000-002 Revision D Proposed Demise Line & Site Layout iii. 3276-000-003 Revision D Proposed Site Layout - Boundary Treatments iv. 3276-000-004 Revision E Proposed Diagrammatic Site Layout - Landscaping v. 3276-000-005 Revision B Proposed Longitudinal Site Section A-A vi. 3276-100-001 Revision A 100 Series - Block A Proposed Elevations & Plans vii. 3276-200-001 Revision A 200 Series - Block B Proposed Elevations & Plans viii. 3276-300-001 Revision A 300 Series - Block C Proposed Elevations & Plans ix. 3276-330-001 330 Series - Block C.1 Proposed Elevations & Plans x. 3276-430-001 430 Series - Block D.1 Proposed Elevations & Plans xi. 3276-460-001 Revision A 460 Series Block D.2 Proposed Elevations & Plans xii. 3276-500-001 Revision A Series 500 Block F Proposed Elevations & Plans 2. The landscaping scheme approved as part of this application shall be fully implemented in strict accordance with approved drawing no. @@@@ within three months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 3. The vehicular parking and turning areas as shown on approved drawing(s) No(s). @@@@@ 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 motor vehicles at all times.


4. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 5. Development shall not commence until a scheme of remediation in respect of the presence of Japanese Knotweed within the site has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter only progress in strict accordance with the scheme as approved. REASON(S) 1. To comply with section 71ZA (2) 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 in accordance with Policies GDP1 and PS2 of the Wrexham Unitary Development Plan. 3. 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 in accordance with Policies GDP1 and T8 of the Wrexham Unitary Development Plan 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area in accordance with Policies GDP1 and PS2 of the Wrexham Unitary Development Plan. 5. To remove and control the spread of an invasive species in accordance with policy GDP1 of the Wrexham Unitary Development Plan ______________________________________________________________

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REPORT OF THE CHIEF OFFICER PLANNING AND REGULATORY … · 2020-07-21 · REPORT OF THE CHIEF OFFICER PLANNING AND REGULATORY Dated 27th JULY 2020 HISTORY P/2005/1248 Outline application