PLANS to build 33 homes next to The Delph restaurant in Acrefair have been quashed by Welsh planning inspectorate PEDW.
Planning and Environment Decisions Wales inspectors ruled that the likely harm done to the River Dee and Bala Lake Special Area of Conservation (SAC) outweighed the benefits of providing a development of three and four-bedroom homes and infrastructure off Bethania Road by applicant Prospect Estates.
The appeal was lodged by agent Roger Lee Planning on behalf of Prospect Estates.
“This appeal is made as a result of the failure of Wrexham Borough Council to determine an outline planning application for the residential development of up to 33 dwellings on land off Bethania Road, Wrexham,” it argued. “Wrexham County Borough Council’s planning department failed to issue a decision within the prescribed deadline of November 11, 2024.”
A previous version of the planned development was refused permission in 2023.
Making the case for the development, Roger Lee Planning told PEDW it would bring economic benefits to Acrefair.
According to the appeal documents: “There would be economic benefits associated with the development, in terms of direct and indirect jobs during the construction period, spending within the construction industry supply chain and spending by future residents in the town, as well as benefits from council tax payments.
“There would be environmental benefits relating to the sustainable location, the proximity of the services and the resulting options for travel other than the private motor vehicle. There would also be social benefits from the provision of new housing.”
But Natural Resources Wales (NRW) raise serious concerns over contamination of both the land the homes would be built on and the SAC.
“The proposed development could potentially lead to an increase of phosphorus load from the receiving wastewater treatment works into the River Dee and Bala Lake Special Area of Conservation,” wrote Rhys Jones, Development Planning Advisor for NRW.
“The majority of the River Dee catchment in Wales is currently failing to meet water quality targets for phosphorus. The nutrient impacts of new connections need to be considered on a case-by-case basis within the Habitats Regulations Assessment process.
“We also note that the development site lies within the former Air Products Social Club landfill site and therefore has the potential for contamination to be present.”
Sam Ansloos, owner of the Delph restaurant which borders the proposed site, also lodged an objection with PEDW.
“There is clear local knowledge and concern surrounding ground instability and historical subsidence affecting this land,” he wrote. “The risk of further land movement directly threatens the structural integrity of The Delph, particularly due to the proximity of the proposal to our building’s boundary and foundations.
“The introduction of residential dwellings immediately adjoining such a venue will almost certainly give rise to conflict due to noise — either from normal business operations or outdoor activities.
“The area also suffers from poor drainage capacity. At The Delph, we must already take precautions (including use of specialist waste materials) to avoid pipework and surface drainage issues. The introduction of 33 homes will impose significant pressure on the already limited foul and surface water systems, increasing the risk of localised flooding or backups.”
Cllr Paul Blackwell also warned of the contaminated land issue.
“My particular concerns are the dumping of phenol chemicals from the now closed Monsanto chemical works,” he told the inspectors. “This does not appear on the desktop environment study.
“All use of this land for events and football ceased once the process of dumping and capping the site was completed in the early 1980s.
“The highway is also not suitable, my particular concerns are the blind single lane bend and the single lane entrance onto Llangollen Road.”
In its ruling PEDW stated: “The principle of the development is acceptable as well as aspects of the intended development including highway and pedestrian safety and active travel…these are matters expected of any development and do not outweigh the harm I have identified in relation to the main issues – land contamination and the proposal’s effects on existing or future occupants’ living conditions.
“For the reasons given and having taken all other matters into account, the appeal is dismissed.”
