REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014 LOCATION: PLAS DRAIN PLAS DRAIN ROAD PENYCAE WREXHAM LL14 1UH

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1 APPLICATION NO: P/2013 /0740 COMMUNITY: Rhos WARD: Ponciau LOCATION: PLAS DRAIN PLAS DRAIN ROAD PENYCAE WREXHAM LL14 1UH DESCRIPTION: CONVERSION OF OUTBUILDINGS TO SINGLE DWELLING APPLICANT(S) NAME: MR GARY BILLINGTON DATE RECEIVED: 28/10/2013 CASE OFFICER: JS AGENT NAME: CULLIS ARCHITECTURAL DESIGN MR SPENCER CULLIS THE SITE The site is located on the higher slopes of Ruabon Mountain, well above the nearest villages of Rhosllanerchrugog and Penycae, which are located to the east and south east. SAC/ SSSI Settlement area of Rhos Public footpath PROPOSAL As above. Page 58

2 Application submitted with both structural and ecology reports. The structural report is the same as submitted with an earlier application, but the buildings do not show any significant structural differences since the earlier application. Amended plans submitted to make some external alterations to the proposal. HISTORY P/2011/0083 Conversion and extension to house to form 2 dwellings. Refused P/2011/0164 Change of use of barns to 3 dwellings. Granted DEVELOPMENT PLAN Outside settlement limits and within a Special Landscape Area, and within Clywdian Range Area of Outstanding Natural Beauty (AONB). The site is near a Special Area of Conservation (SAC) Berwyn and South Clwyd Mountains and SSSI. Policies H3, EC5, GDP1, PS2 and T8 of the UDP apply. CONSULTATIONS Community Council: Consulted Local Member(s): Based upon the history, requests application to be considered by planning committee. Welsh Water: No connection to the pubic sewerage network no comments Natural Resources Wales: Consulted Clwyd Powys ArchTrust: Requests photographic survey of the buildings before being altered. Highways: Site is accessed along a narrow classified roadway with only occasional passing place to allow vehicles to pass. Visibility at site access onto Plas Drain Road is adequate in westerly direction but it is substandard eastwards. However, any vehicle leaving the site is able to pull forward slowly to allow adequate visibility eastwards, and therefore no objections in this instance. Also noted the site benefits from planning permission for more dwellings and traffic generation for one additional dwelling is not significant enough to warrant the construction of new passing bays along Plas Drain Road. No objections raised subject to conditions. Site Notice: Expired Other Representations: 2 neighbours notified Page 59

3 SPECIAL CONSIDERATIONS Policy: The site benefits from planning permission for conversion of the building to residential use and therefore the principle of development has already been established. Similarly, nearly all the works are limited to the established area and openings of that building and other buildings within the site, and therefore impacts to the surrounding countryside will be no greater than the extant permission. However the scheme now incorporates a new driveway area along the SE edge of the site and those additional impacts of this area must be considered. Details: The proposal has reduced the scale of development from 3 proposed dwellings to 1. As a consequence this reduces amenity impacts of the use. In addition to reducing the number of dwellings the proposal introduces a new driveway roadway along the SE side of an existing outbuilding. This is intended to provide the proposed dwelling with its own driveway separate to the one serving the existing house, although the same access onto the highway will be used. Although this driveway area will be contained by a new post and rail fencing, this edge of the site will be more open to public view both from the approach road leading to the site as viewed from the east, and from a public footpath. Since the area of the driveway together with the proposed turning/parking area (to be surfaced with crush slate) is quite large a scheme of hedgerow planting is required to ensure that the visual amenities of the area are suitably protected. This will be required by planning condition. The amended plans have addressed some of the detailing regarding windows and doors, but some further information is still required to ensure that this detailing is sympathetic to the character of the buildings and area. These will be secured by planning condition. Ecology: The application has been submitted with an ecological report and this confirms that ecology issues at the site have not significantly changed since the last permission was granted. The building is likely to be used occasionally by bats and as a result the ecology report makes recommendations in respect of mitigation measures. The implementation of these will be secured by planning condition. The site is approximately about 170m from the boundary of the Berwyn and South Clwyd Mountains Special Area of Conservation. The building is located within a complex of other buildings and the land around them has been disturbed due to it being used for agricultural purposes. The development will have no direct impact upon the SAC. Highways: Because only one additional dwelling is now proposed Highways have advised that there is no longer a need for the passing bays along Plas Drain Road that were required as part of the previous permission. It is noted that the site contains a fairly sizeable outbuilding, and therefore a condition is Page 60

4 required to ensure that the use of this building is limited to ancillary residential or agricultural uses only. Conclusion: The conversion scheme is acceptable and represents a less intensive scheme than before. Habitat mitigation measures and landscaping can be required by condition. RECOMMENDATION: That permission be GRANTED CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their installation on the building, drawings to a scale of 1:5 and 1:20 shall be submitted to and approved by the Local Planning Authority to fully specify the detail of new and/or replacement windows and doors on the building. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads, etc., method of opening and glazing type. The work shall only be carried out in strict accordance with such details as are approved. 3. All roof lights hereby approved shall be of a 'conservation type' only, to be fitted flush with the adjoining roof surface. 4. All new re-pointing work shall be carried out with a lime based mortar. 5. The precautionary generic recommendations (listed as items 1 to 5) as outlined in the ecology assessment report (Ref: 0797/Plas y Drain/RP/-Ri-V2 by EDC) shall be implemented as part of the construction stage of the development. 6. The bat and bird friendly features as listed in the ecology assessment report (Ref: 0797/Plas y Drain/RP/-Ri-V2 by EDC) shall be implemented as part of the development, unless first agreed in writing with the Local Planning Authority. 7. Any works to the roof of the building to which this permission relates shall only be carried out between the months of September and April. If any bats are discovered during works, all work on the building shall cease and the Countryside Council for Wales contacted for further advice. 8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, reenacting that Order with or without modification), no further development shall take place under Classes A, B, C and D of Schedule 2 other than the development hereby granted permission. 9. Any new facing and roofing materials shall be strictly in accordance with the details as included on the application form. 10. All new and replacement rainwater goods shall be cast iron only. 11. 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. Page 61

5 12. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 13. The vehicular parking and turning areas as shown on approved drawing(s) No(s). BC/06 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. 14. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 15. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 16. Along the SE edge of the site shall between points marked A to B as shown on the approved Proposed Site Plan - plan no. BC/06, a new native species hedgerow shall be planted adjacent to the new post and rail fence, in accordance with a detailed specification, including details of maintenance regime(s), to be submitted to and approved by the Local Planning Authority before the dwelling is first occupied. The hedgerow specification as subsequently approved in connection with this condition shall be fully implemented within the first planting season (November to March) following first occupation of the dwelling. 17. The landscaping scheme as carried out in connection with condition no. 16 shall be permanently retained. Any planting becoming 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 with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 18. The outbuildings within the site shall only be used for ancillary residential or agricultural purposes. 19. The height of the stone retaining walls within the site shall not exceed 1.0m in height, and these shall be faced with natural sandstone to match the facing material of the adjacent building to be converted. 20. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no ). REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure that the works reflect the character and appearance of the building. Page 62

6 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure that the works reflect the character and appearance of the building. 5. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 6. To ensure that the development makes adequate provision for bat friendly features, in the interests of the conservation of wildlife. 7. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 8. To ensure that the character of the building is retained in this location, in the interests of the visual amenities of the area. 9. To ensure that the character of the building is retained in this location. 10. To ensure that the character of the building is retained in this location. 11. To protect the amenities of the occupiers of nearby properties. 12. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 13. 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. 14. In the interests of highway safety. 15. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 16. In the interests of the visual amenities of the area. 17. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 18. To ensure that the use of the buildings do not generate additional traffic to the site, in the interests of highway safety. 19. In the interests of the visual amenities of the area. 20. To provide for a record of a building or buildings of local architectural or historic interest NOTE(S) TO APPLICANT The applicant is advised that compliance with condition no. 11 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 Page 63

7 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. 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. If evidence of storage/spillage of agro-chemicals are found in or around the farm buildings/outbuildings/area, then it would be prudent to investigate the potential for residual contamination. The applicant is advised to contact the Housing and Public Protection Department of the Council on for further guidance. Page 64