REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 LOCATION: LAND AT WREXHAM ROAD HOLT WREXHAM LL13 9TS

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1 APPLICATION NO: P/2013 /0823 COMMUNITY: Holt WARD: Holt LOCATION: LAND AT WREXHAM ROAD HOLT WREXHAM LL13 9TS DESCRIPTION: OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT INCLUDING FORMATION OF MULTI- USER GAMES AREA. APPLICANT(S) NAME: MR P JENKINS BARKIN DEVELOPMENTS LTD DATE RECEIVED: 22/10/2013 CASE OFFICER: KH AGENT NAME: P L PLANNING MR P LLOYD P/2013 /0823 THE SITE Currently a playing field, located off Wrexham Road, Holt. Residential properties at Castlegate bounds the site to the north east, with residential properties on Francis Lane to the south east. Bellis Country Market is located immediately adjacent to the site off the north west side of Wrexham Road. Open land and some residential lie to the south east. Dee Meadows Application site Settlement limit Page 65

2 PROPOSAL Outline application for residential development including formation of a multiuse games area. Approval for the position of the site access is sought at outline planning permission stage. Appearance, landscaping, layout and scale are reserved for subsequent approval. DEVELOPMENT PLAN Outside of the settlement limit and Grade I agricultural land. The site is an established playing field and the protection of playing fields is strongly encouraged at national level in Planning Policy Wales. Policies PS1, PS2, GDP1 (a) (b) (d) (e) (f) (i) and (k), EC4, EC6, EC13 and CLF4 refer. HISTORY Application site CB00935 Relaxation of condition 10 imposed under planning permission code no to allow the field to be used for team games after 30 June Planning permission granted 7 April HOL23244 Use of land for recreational purposes. Granted 9 May Other relevant history land at Dee Meadows P/2004/1224 Outline application for residential development. Granted 13 December 2005 subject to a section 106 Planning Obligation. CONSULTATIONS Community Council: (Original comments) The playing field, although not in use as a football pitch, is still used for recreation and has an existing 106 to safeguard the facility for the community if development is granted and there will be a deficiency of such facilities in the village. The proposed number of properties is too many, the area for the MUGA and land around is sufficient and additional land should be available for people not wanting to use the MUGA. If the land is developed it should be to a reduced density to reflect existing pattern of development in the village and is the effect of other resources in area being considered ie only one doctors surgery in Farndon which is the closest. The Council is aware of the requirements for housing but the Page 66

3 application needs to be acceptable to residents as well as the developer. Community Council (Comments on Masterplan):Agrees in principle to revised plan to increase open space. Make the following comments: - Landscaping of the recreation area would not be suitable with tree planting dotted around as this would compromise recreational use. - The open space indicated on the plan is the minimum they would accept. - Vehicular access to the recreation area would be required for maintenance of the grass. - MUGA, fencing and landscaping would be at the expense of the developer. - Strong landscaped boundary between proposed houses and amenity land required. - Residents need to be fully consulted. Local Member: Notified Highways: Public Protection: No objection. It would appear possible to provide adequate visibility splays. 2m footpath should be provided to site frontage, appropriate turning heads constructed to adoptable standards and proposed footpath link to the rear of the site onto Francis Lane should take the form of a 3m wide shared footpath/cycleway incorporating appropriate signage, barriers and lighting. Conditions required. Conditions required ZP06 (construction hours of work) and ZP07 (noise survey and any required noise attenuation due to proximity of houses to the A534). Natural Resources Wales: The site is likely to increase the surface area of impermeable ground, thus reducing percolation and increasing rapid surface run-off and to ensure the development does not increase flood risk elsewhere a condition is required to provide a scheme for the provision and implementation of a surface water regulation system. Given the distance to protected sites, the River Dee and Bala Lake Special Area of Conservation (SAC) and the River Dee Site of Special Scientific Interest (SSSI) and surface water controls it is unlikely protected sites will be impacted upon. There are records of various protected species in the area, however, it is considered unlikely the proposals will have an adverse effect upon the favourable consideration status of any statutory protected species in the area. Page 67

4 Sport Wales: Welsh Water: Neighbours: Refers to Planning Policy Wales and the protection of playing fields. No information provided to justify the development, in respect of the exceptions to the policy and as such Sports Wales objects to the application. Sports Wales have discussed the application with Fields in Trust Cymru and it supports the objection. Drainage conditions required. 14 letters of objection on the following grounds: - Outside settlement and within a Green Barrier. - No traffic study/travel plan, no consideration of traffic volumes and traffic congestion already a problem. - Playing field policy and no evidence of equal or enhanced alternative provision to formal or informal recreation. Deficiency of open space/recreational land in Holt. - With the closure of leisure facilities in Wrexham should be looking to preserve free recreational facilities. People with low incomes cannot afford to travel. - The number of properties proposed is too dense. - Siting inappropriate, privacy will be compromised, will compromise views from residents living on Castlefield and contravenes the Human Rights Act in terms of the impact of the proposed development. - No neighbourhood consultation has taken place. - Design and Access Statement refers to unused playing field and no prospect of bringing it back into use. The playing field is used on a daily basis. - No details of MUGA, MUGA is inadequate in terms of size, inappropriate location for safety and security and insufficient parking for the MUGA. - Overloading existing drainage system. - Proposed new footpath link unacceptable and involves removal of hedgerow and existing access is acceptable. - Schools are already stretched in Holt and Farndon and increased pressure on closest doctors in Farndon. - Only space left for recreation in Holt opposite Peal of Bells. Page 68

5 - Greenspace should be promoted and preserved and addresses childhood obesity and important for childrens health. - Applicant does not appear to have had any dialogue with Sports Wales. - Number of properties should be limited and more focus on outdoor space. No safe area for games proposed. - Application contains supposition as opposed to evidence especially in regards to releasing the site from its existing use. - A previous request in 2006 for other land in the area to be utilised for residential development was rejected as sufficient sites designated. - Additional neighbour consultation on amended masterplan. Site Notices: Expired Press Notice: Expired SPECIAL ISSUES/CONSIDERATIONS Proposal/Background: Application is an outline application with all matters reserved, with the exception of access. Access is proposed off Wrexham Road. A master plan is included for illustrative purposes and applicant has indicated that 24 properties would be provided, which would be likely to be two and 2.5 storey buildings. Siting, design and numbers are however reserved for any further detailed application. The application site is subject to a s106 Planning Obligation in respect of planning permission P/2004/1224 for residential development at the end of the nearby Dee Meadows cul-de-sac. The Planning Obligation secured the use of the application site as recreational land. It also required the provision of alternative land for recreation if the application site was no longer available for that purpose. The site will need to be released from that obligation to allow the proposed development to proceed. The land has previously been used as a field for team games and is currently used for recreational purposes. It was leased from its current owner by the Community Council, although I understand that the lease has now expired. The applicants are proposing a multi-use games area (MUGA) to the rear of the site. A revised masterplan has recently been provided which increases the area for recreation. Policy: The land is a Greenfield site previously used as a playing field outside the settlement of Holt. It is also Grade I agricultural land. The land has been previously established as a playing field, identified in 2009 POS Assessment and whilst the situation in respect of the lease to the Community Council is noted, the protection of playing fields is strongly Page 69

6 encouraged at National level through Planning Policy Wales and Policy CLF4 of the Wrexham Unitary Development Plan. There are caveats to the National Development Management Policy which states that fields should be protected from development except where: facilities can best be retained and enhanced through the redevelopment of a small part of the site, alternative provision of equivalent community benefit is made available or there is an excess of such provision in the area. A revised masterplan has reduced the area for residential development and increased the amount of publically accessible open space which could be utilised for general recreation and used in conjunction with the proposed Multi Use Games Area (MUGA) which can be used more extensively than the playing field and I am satisfied it meets the policy requirements set out nationally in Planning Policy Wales. I am conscious of the comments raised by the applicant in terms of housing supply and the 5 year supply of housing (the Council s current supply is 3.4 years). The argument in relation to the current housing supply is valid and the potential increase in supply proposed by the applicant should be given considerable weight. The proposed site is a natural extension to the existing settlement limit with residential development to the north east (Castlegate) to the south east (land off Francis Lane) and Bellis Country Market to the north west (across Wrexham Road). The development will result in the irreversible loss of Grade I agricultural land however at 1.2 hectares in area it does not represent the loss of significant amount of high quality agricultural land, nor will it encroach upon or impede the use of adjacent/nearby agricultural land. Accordingly the benefits of delivering additional housing land outweigh the loss of high quality agricultural land in this instance. Amenity: Neighbouring properties have raised concerns regarding loss of light/ privacy and loss of views. Whilst the application provides an illustrative plan, it is not to scale and siting and design of the properties are reserved for approval as part of any further detailed application. Separation distances will need to comply with the adopted standards to ensure no significant loss of light/ privacy. I am satisfied it will be possible to achieve those standards. Loss of view is not a planning consideration. Highways: The proposed development site is located on the B5102 Wrexham Road which is a classified road subject to a 30mph speed limit. Although typical speeds may well be 30mph for vehicles approaching from the south west, Highways estimate typical vehicle speeds at being around 25mph for vehicles approaching from the north east given the location of the existing flat topped kerb to kerb crossing across Wrexham Road. Based on the above speeds any proposed access in this location would normally be required to provide visibility splays of 2.4 x 56m to the south west and 2.4 x 33m to the north east. Page 70

7 It does appear possible to provide the required visibility splays from the proposed access indicated on the submitted layout plan. The existing access would need to be permanently closed up, a 2m wide footpath be provided across the site frontage and the proposed rear footpath link onto Francis Lane should take the form of a 3m wide shared footway/cycleway. Planning conditions are required to secure the above. Highways are raising no objections subject to appropriate conditions. Ecology: An ecological assessment accompanies the application. Natural Resources Wales are satisfied that given the scale of the development, the surface water drainage comments and the distance from the River Dee and Bala Lake Special Area of Conservation (SAC) and the River Dee Site of Special Scientific Interest (SSSI), it is unlikely that the development will have a significant impact upon these protected sites. There are records of various protected species in the area. However, given the current habitats on site and separation from other habitats, it is considered unlikely that these proposals will have an adverse effect upon the favourable conservation status of any statutory protected species in the area. General: Drainage concerns but Welsh Water and Natural Resources Water are satisfied that subject to planning conditions drainage will not be an issue. No parking provision is provided for the MUGA or open space area as it is anticipated they will be used by the local community. Conclusion: The lack of housing supply a material consideration of considerable weight and on balance the benefits of increasing the supply of houses, the provision a substantial area of open space together with the a MUGA outweighs the loss of the existing playing field and agricultural land in this instance. Highways have no objection subject to conditions, including visibility splays to the provision of the new access, which is included within this application. The detailed application will need to comply with the Council s adopted separation distances and provide a high standard of design. My recommendation is in two parts to reflect the requirement for a 106 legal agreement prior to planning permission being granted. RECOMMENDATION A That the Council enters into an obligation under section 106 legal obligation of the Town and Country Planning Act 1990 to secure: i) The release of the land from the section 106 legal obligation in respect of planning permission P/2004/1224; and ii) The transfer of the ownership of the public open space to the Council; and Page 71

8 iii) a commuted sum for the future maintenance of areas of open space and the proposed MUGA; and iv) contributions towards education provision. The Head of Community Wellbeing and Development be given delegated powers to settle the final form and content of the obligation. RECOMMENDATION B Upon completion of the obligation planning permission be GRANTED subject to conditions below: CONDITION(S) 1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 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. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 6. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 7. The development hereby permitted shall not be commenced until such time as a detailed scheme for the provision and implementation of a surface water regulation system has been submitted to and approved, in writing, by the Local Planning Authority. Prior to submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable drainage Systems (SUDS) and the results of the assessment provided to teh Local Planning Authority. Page 72

9 8. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and Monday to Friday, and to on a Saturday, and at no time on a Sunday or a Bank Holiday. 9. No part of the development shall commence until a noise survey in order to determine noise levels for both day and night has been carried out, and a detailed report of the survey findings together with a detailed scheme of noise attenuation and/or noise insulation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 10. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres to the south west and 2.4 metres x 33 metres to the north east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 11. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved, in writing, by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed internal estate roads, footways including footway/cycleway links. 2) Scheme of street lighting for the internal estate roads and footway/cycleway link. 3) Detailed layout, design, drainage and construction of a new 2.0m wide footway along the site frontage along Wrexham Road. The scheme as is approved shall be fully implemented prior to first use of the development. 12. No part of the development shall commence until full details of the proposed MUGA have been submitted to and approved, in writing, by the Local Planning Authority. Works shall be carried out strictly in accordance with the details as are approved and provided in accordance with a timescale as agreed as part of the submitted details. 13. Prior to the commencement of development, provision shall be made to offset the shortfall in education facilities, in accordance with a scheme to be agreed with the Local Planning Authority. 14. The existing hedges shown on the Masterplan (Rev A) to be permanently retained shall not be cut down, grubbed out, lopped or uprooted. Any hedging removed or being severely damaged or becoming diseased shall be replaced with hedging plants of the equivalent size and species. 15. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until hedging protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved, in writing, by the Local Planning Authority. The details shall include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within these areas shall not be altered, nor shall any excavations be made. Page 73

10 16. The existing vehicular access to the site off Wrexham Road shall be permanently closed up prior to the first use of the new vehicular access hereby approved, in accordance with details that have previously been agreed, in writing, with the Local Planning Authority. 17. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 18. The landscaping scheme submitted and approved in connection with condition no. 17 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 19. The planting scheme implemented in connection with condition nos 17 and 18 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 20. The Reserved Matters application shall provide details of all internal and external boundary treatment. Works shall be carried out strictly in accordance with the details as approved and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 21. This permission allows for a maximum of 24 dwellings to be built on the site. REASON(S) 1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order To comply with Section 92 of the Town and Country Planning Act, To comply with Section 92 of the Town and Country Planning Act, To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 6. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 7. To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site. 8. To protect the amenities of the occupiers of nearby properties. 9. To protect the amenities of the occupiers of nearby properties. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. In the interests of highway safety. Page 74

11 12. To ensure the works are to a scale and design that are suitable for community recreation. 13. To meet the educational needs arising from the proposed development. 14. To ensure the amenity afforded by the trees is continued into the future. 15. To ensure that the amenity of the hedges and biodiversity value is continued into the future. 16. In the interests of highway safety. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 20. In the interests of the amenity of existing and future residents and the general visual amenities of the area. 21. In the interests of the standard of amenity afforded to the occupiers of nearby properties and the appearance of the area. NOTE(S) TO APPLICANT The applicant is advised that compliance with condition no. 08 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 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. Page 75

12 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 for further advice and information. 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 for further advice and information. The development site is in close proximity to the A534 and the developer is therefore required to carry out a noise survey in connection with condition no. 09 in order to determine noise levels for both day ( hours) and night ( hours) having regard to Planning Guidance (Wales), Technical Advice Note (TAN) 11 - Noise. The report of the noise survey findings shall include: a) Noise levels arising from day/night time activities in the vicinity of the proposed development site and the impact upon the proposed accommodation, and b) A detailed scheme of noise insulation and / or attenuation measures so designed to safeguard the amenity of the future occupants of the proposed accommodation hereby approved. The internal access road including footways should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense and the developer will need to enter into an agreement with the Council under S38/278 of the Highways Act You are advised that the Highway Authority will require such works to be completed to their satisfaction before they will formally adopt the relevant Highway works for public use and to be maintained at public expense. This will include the provision of a bond to cover the estimated value of such works. The appropriate fees will become due to the Council when the Highways Authority approve the proposed works to the carriageway. Page 76