PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 APPLICATION No: 05/51270/FUL APPLICANT: M Keelty And M Field LOCATION: 6-8 Trinity Court St Stephen Street Salford PROPOSAL: Erection of a nine storey building comprising 50 apartments, 305 sq.m ground floor commercial unit (A1, A2, B1) and basement car parking WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL This application relates to the site of an existing two-storey office block located on St Stephen Street approximately 70m from Chapel Street. The site measures just 0.06 hectare and backs onto Trinity Way and Lamb Lane and is bounded to the north by a small park and to the south by a recently constructed five-storey apartment building. The site is prominent when viewed from Trinity Way and is square, having a 24m frontage to St Stephen Street. It is proposed to erect a nine-storey building comprising 50 apartments on the site. The building would have just five storeys adjacent to the existing apartment block and would then rise up to nine storeys adjacent to the park. A total of 305sq.m of commercial floorspace would be provided at ground floor level and this is proposed to be occupied by one of the applicants who currently occupies the existing office building. Pedestrian access would be from St Stephen Street with a secondary pedestrian access for the office space on to Trinity Way. A total of 30 spaces would be provided in two basement levels, 25 of which would be for future residents and 5 for the office users. These would be accessed from St Stephen Street. Cycle and bin storage would also be provided in the basement. The building has been designed so that it would both compliment and improve on the recently constructed adjacent apartment block. As with the adjacent building the predominant facing material would be brick, augmented by zinc cladding to the park elevation with timber cladding. There is just a 3m gap to the adjacent building but both have been designed taking this into account and both are equidistant from the common boundary. The proposed building has obscure glazed bedroom windows that directly face the adjacent building as well as windows that are angled to Trinity Way and St Stephen Street in order to give future occupants an acceptable level of amenity. These are windows to the second bedroom in a two-bed apartment. The adjacent building has no main living room windows that face the common boundary. 1 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 There are no trees within the site but one small cherry tree in the adjacent park would be removed and replaced. SITE HISTORY In November 2003 an outline application for a five-storey building comprising 33 apartments was approved (03/46911/OUT). CONSULTATIONS Director of Environmental Services – no objections but given the location recommends conditions regarding contaminated land, noise and for the management of dust during the construction phase. Greater Manchester Police Architectural Liaison Unit – no objections but make a number of detailed comments regarding security issues relating to the entrances to the apartments. Central Salford Urban Regeneration Company – the location of this proposal is in a key transformational area as identified by the draft Vision and Regeneration Framework for Central Salford. In addition the site is in a high profile location on Trinity Way. Therefore the design quality of this proposal and its relationship with the heritage of the area is crucial as it will be setting a benchmark for the URC’s aspirations for Chapel Street. With this in mind, and in light of protocols that are being established between the URC and the City Council, it is felt that this scheme would benefit consideration by the ‘to be appointed’ design panel. Greater Manchester Passenger Transport Executive – the site in question is well located in relation to public transport being within walking distance of the bus stops on Chapel Street, New Bailey Street as well as Salford Central Station. Frequent bus and train services are therefore available to a large number of destinations within Greater Manchester and beyond. Future occupants would therefore have access to a choice of travel mode that should help to reduce the amount of car travel otherwise generated by this development. Although the site is accessible by public transport, there is a growing need to encourage future occupants to use it, as the Chapel Street area appears to becoming more congested with traffic. GMPTE would expect the applicant to help encourage future occupants to use sustainable modes of travel by raising awareness of the public transport services in the area and encouraging their use. PUBLICITY The application has been advertised by means of both site and press notices. The following neighbour addresses were notified: All apartments at Trinity Edge 1 St Mary Street Turret House St Stephen Street Chapel Street and Hope United Reformed Church Chapel Street REPRESENTATIONS I have received two letters of representation / objection in response to the planning application publicity. The following issues have been raised:- 2 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Too many flats already Loss of light Existing parking problems would be made worse Loss of privacy Car parking insufficient Any permission should require that the residents parking is free REGIONAL SPATIAL STRATEGY. SD1 – The North West Metropolitan Area Regional Poles and Surrounding Areas DP3 - Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Other policies: none Other policies: H1 – Meeting Housing Needs DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime T13 – Car Parking H6 and H11 Open Space Provision Within New Housing Developments CS1 – Central Salford EC14/1 – Improvement Proposals REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: none Other policies: H1 – Provision of New Housing Development DES1 – Respecting Context DES11 – Design and Crime A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments ST11 - Location of New Development H8 - Open Space Provision Within New Housing Development MX1/2 – Development in Mixed Use Areas INSPECTOR’S REPORT Draft policy H1 - recommended a number of changes but the thrust of the policy remains largely the same. Draft policy DES1– recommended only relatively minor amendments Draft policy DES11 - recommended no changes to this policy. Draft policy A10 - recommended only relatively minor amendments Draft policy ST11 – recommended a number of minor changes but the thrust of the policy remains the same. Draft policy H8 – recommended a number of changes but the thrust of the policy remains the same. 3 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Draft policy MX1/2 – recommended only relatively minor changes. PLANNING APPRAISAL I consider the main issues in the determination of the application to be: whether the principle of the use is acceptable; whether the proposal would have a detrimental impact on the amenity of neighbouring residents; whether the design of the proposed building is acceptable; whether the proposed level of car parking is acceptable; whether the proposal would be satisfactorily secure; whether there would be appropriate contributions towards public open space and environmental improvements in the area and whether the proposed development accords with the Adopted and Revised Deposit Draft Replacement UDP. I shall deal with each in turn below. Principle Of Development Policy ST11 advocates a sequential approach to the location of new development, which gives priority to previously developed land ahead of Greenfield land. In his report the Inspector has recommended that the policy be amended to give priority to the re-use/conversion of existing buildings where they are sound and worthy of reuse and/or of architectural or historic interest ahead of other previously developed land. The site is previously developed land and I am of the opinion that the proposed development is in accordance with the sequential approach to the location of new development outlined in Policy ST11 and the Inspectors Report. The application site is located in an existing mixed use area but one that is increasingly becoming more residential in nature and I am therefore of the opinion that the use of the land for residential purposes would be compatible with surrounding land uses. Adopted Policy H1 states that the Council will endeavour to ensure that the city’s housing stock is able to meet the housing requirements of all groups within Salford by promoting a number of measures, including the release of land to accommodate new house building. Draft Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. Planning permission has already been granted in outline for a residential scheme on this site and therefore the principle of residential development is already established. The wider surrounding area comprises predominantly older semi-detached and terraced dwellings with a smaller number of older low-rise apartment buildings and an increasing number of new apartment blocks. I am of the opinion that, as this application proposes a mix of studio 1 and 2 bedroomed apartments, it would contribute to the provision of a mix of dwelling types in the area, in accordance with policies H1. I consider that in a location such as this so close to the regional centre apartments are appropriate and I do not therefore agree that there are too many apartment blocks in the area already. I therefore consider the principle of the proposed development to be acceptable. Amenity of neighbours and future residents 4 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Adopted Policy DEV1 outlines a number of criteria to which regard should be had in the determination of planning applications. Of most relevance to this application are the location of the proposed development, including its relationship to existing and proposed land uses, the size and density of the proposed development and the impact on neighbouring residents. Draft Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The separation distances for future occupiers of the development would (with the exception of 10 windows to the second bedroom in 10 apartments) comply with those normally required under the Council’s normal separation distances. Issues of privacy and overlooking have been overcome through the orientation of habitable room windows and in the light of the above I am satisfied that there would be no unacceptable detrimental impact on the amenity of existing or future residents. I am therefore of the opinion that the application accords with Policy DES7. The issue of loss of light has been raised by an adjoining office user and I do not therefore consider that this objection carries significant weight given that the Council’s current policies do not seek to protect the amenity of office workers. Design Adopted Policy DEV2 states that planning permission will not normally be granted unless the Council is satisfied with the quality of the design and the appearance of the development. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. Draft policy DES13 requires that applicants for major developments must demonstrate how their development takes account of the need for good design through the submission of a design statement. The design of the building is of high quality and a design statement has been submitted with the application that demonstrates how the development meets the design objectives and policies of the City Council. The design deliberately addresses the height of the adjacent building and appropriately rises to provide a proper end to the street scene and a landmark on Trinity Way. I am of the opinion that the proposed development would have a positive impact upon the visual amenity of the area. I have attached a condition requiring the submission of samples of materials to be submitted and approved prior to the commencement of development and I am satisfied that this will ensure that they will be of a suitably high quality. On the above basis, I am of the opinion that the application accords with Adopted Policy DEV2 and Draft Policy DES1. 5 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Car Parking and access Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards and that car parks are designed to a high standard, with particular regard to access arrangements, surface materials, boundary treatments and security measures. Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. A total of 30 car parking spaces would be provided within the site. There would be 5 parking spaces for office users and 25 for residents. In addition, there would be a cycle storage area within the site. The site is close to the regional centre and to means of public transport. I am therefore satisfied that the proposed level of car parking is acceptable and accords with the Council’s maximum car parking standards and do not agree that the development would necessarily contribute to parking problems in the area, the solution to which would not be affected by the number parking spaces provided within the development. Whether or not the parking spaces are charged for is not a matter that I consider it appropriate to include within the sphere of planning control but is instead a matter for the developer and occupiers. Trees Policy EN7 encourages the conservation of trees and woodland through supporting the retention of trees and aims to ensure that new tree planting is designed to contribute to landscape quality. Policy EN10 of the Revised Replacement Plan states that development that would result in the unacceptable loss of trees will not be permitted. The adopted Supplementary Planning Guidance for trees states that “In the case of residential buildings, a development in which a principle window (main window to a lounge, dining room or main bedroom) is overshadowed by a tree, or where any part of a tree is sited within 3.6m of a window will be resisted”. The one tree affected by this proposal is a small specimen that will be replaced and therefore I do not consider that the proposal conflicts with the policies highlighted above regarding trees. VALUE ADDED TO DEVELOPMENT In accordance with the policies H6, H11, H8, SPG7 and the approved Chapel Street Planning Obligations Development Control Policy Note, the applicant has agreed to make a financial contribution towards children’s play space, open space and local environmental improvements. A total of £126,177 would be contributed in this regard. CONCLUSION In conclusion, I consider the principle of the proposed development to be acceptable, that the scheme proposes a building designed to a high quality that would contribute to the provision of a mix of dwelling types in the 6 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 area and to the street scene and major views within the City. I am satisfied that the amenity of existing or future residents of neighbouring properties and the proposed building would not be unacceptably detrimentally affected as a result of this scheme. Consequently, I am satisfied that the application accords with the relevant policies of the Adopted and Revised Deposit Draft Replacement UDPs. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions and that the Strategic Director of Customer and Support Services be given authority to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the provision of improved local open space/play equipment and environmental improvements in accordance with the approved Chapel Street Planning Obligations Development Control Policy Note. (Conditions) 1. Standard Condition A01 Five year time limit 2. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 3. No development shall be started until samples of the facing materials to be used for all external elevations and roofs of the development have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved materials. 4. No dwelling shall be occupied until the associated provision for off street parking has been completed and made available for the use to the satisfaction of the Local Planning Authority. Such spaces shall be available at all times for the parking of a private motor vehicle. 5. Standard Condition M08 Site Investigation - new 6. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003, SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development and the Chapel Street Planning Oblications Development Control Policy Note will be paid to the Local Planning Authority for open space, recreation space and environmental improvements 7 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 purposes. 7. Prior to the commencement of development the applicant shall submit for written approval an assessment of noise likely to affect the application site. The assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road and tram network including Trafford Road, and any other local noise sources which are deemed significant on the site. The assessment shall identify all noise attenuation measures which may be determined appropriate to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. Consideration shall also be given to achieving adequate rapid ventilation and Summer cooling whilst achieving the requirements of BS28233:1999. If deemed necessary, alternative ventilation measures shall be identified and incorporated into the noise assessment report. Once agreed, all identified noise control measures shall be implemented prior to occupation and shall be thereafter retained. 8. Prior to the commencement of development the developer shall submit, for the approval of the Local Planning Authority, a scheme to detail measures to ensure entrances are operated on a secure entry system. Once approved the scheme shall be implemented prior to the occupation of the residential units hereby approved and shall be thereafter maintained. 9. Notwithstanding the details shown on the elevations the perforated sheet balustrade shall not form part of the approved plans and should instead be replaced with glass balustrading or such other material which shall be submitted to and approved in writing by the Local Planning Authority in accordance with condition 3. 10. Prior to the commencement of development the developer shall submit a scheme for the approval of the Local Planning Authority which shall detail secured and covered cycle parking, disabled parking, bin stores and recycling facilities. Once approved such a scheme shall be implemented prior to the occupation of any apartment hereby approved. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R008A Development-Buildings in vicinity 4. Standard Reason R012A Parking only within curtilage 5. Standard Reason R024A Amenity of future residents 6. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 7. Standard Reason R024A Amenity of future residents 8 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 8. To safeguard the security of the area in accordance with policy DEV4 of the City of Salford Unitary Plan 9. Standard Reason R008A Development-Buildings in vicinity 10. To safeguard the amenity of the area in accordance with policy DEV 1 of the City of Salford Unitary Development Plan and to ensure appropriate cycle and disabled parking provision in accordance with policy A10 of the Revised Deposit Draft UDP. Note(s) for Applicant 1. Construction works should not take place outside the following hours: Monday to Friday inclusive 08:00 to 18:00, Saturdays 08:00 to 13:00. Construction works should not be undertaken on Sundays or Bank/Public Holidays. Access and egress for delivery vehicles should be restricted to the working hours indicated above. 2. This development is subject to the planning obligation entered into by the applicant under Section 106 of the Town and Country Planning Act 1990, prior to the granting of planning permission. 3. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. 4. For further discussions regarding the requirements of the Contaminated Land Condition, the applicant/developer is advised to contact the Pollution Control Section of the Environment Directorate (Tel: (0161) 737 0551 9 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 APPLICATION No: 05/51527/HH APPLICANT: Mrs Daniella Berkeley LOCATION: 11 Park Lane Salford M7 4JE PROPOSAL: Erection of two storey side extension, single storey rear extension including construction of dormer extension to roofspace. Alterations to existing main house roof and construction of dormer extension to front of dwelling (amendment to previous planning application 05/50921/HH) OPTION ONE WARD: Kersal DESCRIPTION OF SITE AND PROPOSAL 13 Park Lane has an existing two-storey rear extension which projects approximately 3m from the rear elevation. No 9 Park Lane is set an angle to number 11 Park Lane. It has an existing single storey rear extension which projects 5.2m from the rear main wall of the property. 11 Park Lane itself has an existing single-storey rear extension which projects approximately 2.6m from the rear main wall of the property. The ground floor element of the proposed side extension would be set back by 2m from the front of the property, with the first floor element set back a further 2m. It would be a maximum of 11m in length. The single storey rear extension would be a maximum of 12.5m wide and would project 3.5m from the rear of the house. There would be two small dormer windows, one to the front and one to the rear, both of which would have pitched roofs. The application also involves the construction of a pitched roof over the existing two-storey side extension. SITE HISTORY There are two relevant planning applications relating to the application site. On the 1st August 2005, planning permission was approved for the erection of a two-storey side extension, single storey rear extension including construction of dormer extension to roof space. Alternations to existing main house roof and construction of dormer extension to front of dwelling (Reference 05/50801/HH). There is another planning application at 11 Park Lane for erection of a two-storey side extension, single storey rear extension including construction of dormer extension to roof space, alterations to existing main house roof and construction of dormer extension to front of dwelling (Reference 05/51531/HH). That application appears elsewhere in this agenda. 10 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 PUBLICITY The following neighbour addresses were notified: The Croft, 3 Worthington Drive 1, 2A, 2, 4 Worthington Drive 9, 13, 12 Park Lane REPRESENTATIONS No representations have been received in response to the planning application publicity. Councillor Connor has request the application to be considered by Members of the Panel. The reason that Councillor has requested the application to be considered by Panel for the benefit of neighbourly cohesion. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV8 - House Extensions REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None. Other policies: DES7 - Amenity of Users and Neighbours DES8- Alterations and Extensions PLANNING APPRAISAL The main planning issue relating to this application are the siting and size of the proposed extension in relation to the building, and the impact of the residential privacy and amenity that the proposed extension would have on the current and future neighbouring occupiers. Policy DEV8 state that development must not have an unacceptably adverse impact on the amenity of neighbouring residents by reason of overlooking, overshadowing, dominance, loss of privacy or light, something which is reiterated in DES7 and DES8. The proposed single storey rear extension would not project any closer to properties at the rear than the existing rear extension, and the mature hedgerows at the rear of the property provide screening to the proposed rear extension. I consider the proposed extension would be acceptable and would not result in any loss of amenity or privacy to the future occupiers or neighbouring residents. Several precedents have been set in the nearby properties for various sizes and designs of dormer extension and the proposed pitched roof of the dormers would improve their appearance. Therefore, I consider the proposed dormers in the front and the rear roof spaces would be acceptable and would not have an unacceptable detrimental impact on the street scene and the character of the area and would not have an unacceptable detrimental impact on the amenity of neighbouring residents due to loss of privacy. 11 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 The construction of a new hipped roof over the existing roof would improve the building’s current appearance and would be in keeping with the surrounding development. I therefore have no objections to this aspect of the proposal. The location of the proposed two storey side extension is such there would be only 3.2m between the proposed side extension and first floor rear bedroom window of 9 Park Lane. The first floor element of the two storey side extension would be within a 45 degree line drawn from the mid point of the first floor bedroom window of 9 Park Lane. However, only a small proportion of the extension would fall within the 45-degree line and I consider that any impact of this section of the extension on the amenity of the residents of 9 Park Lane would be minimal, particularly given the orientation of the extension. I am therefore of the opinion that there would not be an unacceptable overbearing impact as a result. I am therefore of an opinion that the proposed side element would not create a significant adverse impact to the neighbouring residents. I have no highway objections. CONCLUSION I am of the opinion that the proposal would not significantly affect the amenity of neighbouring residents. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The facing materials to be used for the walls and roof of the development shall be the same type, colour and texture as those of the existing building, unless otherwise agreed in writing by the Local Planning Authority. (reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R007A Development-existing building APPLICATION No: 05/51531/HH APPLICANT: Mrs Daniella Berkeley 12 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 LOCATION: 11 Park Lane Salford M7 4JE PROPOSAL: Erection of two storey side extension, single storey rear extension including construction of dormer extension to roofspace. Alterations to existing main house roof and construction of dormer extension to front of dwelling.(amendment tp previous planning application 05/50921/HH) OPTION TWO WARD: Kersal DESCRIPTION OF SITE AND PROPOSAL 13 Park Lane has an existing two-storey rear extension which projects approximately 3m from the rear elevation. No 9 Park Lane is set an angle to number 11 Park Lane. It has an existing single storey rear extension which projects 5.2m from the rear main wall of the property. 11 Park Lane itself has an existing single-storey rear extension which projects approximately 2.6m from the rear main wall of the property. The ground floor element of the proposed side extension would be set back by 2m from the front of the property, with the first floor element set back a further 2m. It would be a maximum of 11m in length. The single storey rear extension would be a maximum of 12.5m wide and would project 3.5m from the rear of the house. There would be two small dormer windows, one to the front and are to the rear, both of which would have pitched roofs. The application also involves the construction of a pitched roof over the existing two-storey side extension. SITE HISTORY There are two relevant planning applications relating to the application site. On the 1st August 2005, planning permission was approved for the erection of a two-storey side extension, single storey rear extension including construction of dormer extension to roof space. Alternations to existing main house roof and construction of dormer extension to front of dwelling (Reference 05/50801/HH). There is another planning application at 11 Park Lane for erection of a two-storey side extension, single storey rear extension including construction of dormer extension to roof space, alterations to existing main house roof and construction of dormer extension to front of dwelling (Reference 05/51527/HH). That application appears elsewhere in this agenda. PUBLICITY The following neighbour addresses were notified: 13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 The Croft, 3 Worthington Drive 1, 2A, 2, 4 Worthington Drive 9, 13, 12 Park Lane REPRESENTATIONS I have received one representation (9 Park Lane) in response to the planning application publicity. The following issues have been raised: The non-habitable room (Kitchen) is more important than the bedroom for the occupant at 9 Park Lane The proposal would not seriously affect the loss of natural light in the habitable room They do not want to preserve the current view in the habitable room Councillor Connor has request the application to be considered by Members of the Panel. The reason that Councillor has requested the application to be considered by Panel for the benefit of neighbourly cohesion. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV8 - House Extensions REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None. Other policies: DES7 - Amenity of Users and Neighbours DES8- Alterations and Extensions PLANNING APPRAISAL The main planning issue relating to this application are the sitting and size of the proposed extension in relation to the building, and the impact of the residential privacy and amenity that the proposed extension would have on the current and future neighbouring occupiers. Policy DEV8 state that development must not have an unacceptably adverse impact on the amenity of neighbouring residents by reason of overlooking, overshadowing, dominance, loss of privacy or light, something which is reiterated in DES7 and DES8. Given that the proposed single storey rear extension would not project any closer to properties at the rear than the existing rear extension, and the mature hedgerows at the rear of the property provide screening to the proposed rear extension. I consider the proposed extension would be acceptable and would not result in any loss of amenity or privacy to the future occupiers or neighbouring residents. Several precedents have been set in the nearby properties for various sizes and designs of dormer extension and the proposed pitched roof of the dormers would improve their appearance. Therefore, I consider the proposed dormers in the front and the rear roof spaces would be acceptable and would not have an unacceptable detrimental impact on the street scene and the character of the area and would not have an unacceptable detrimental impact on the amenity of neighbouring residents due to loss of privacy. 14 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 The construction of a new hipped roof over the existing roof would improve the building’s appearance and would be in keeping with the surrounding development. I therefore have no objections to this aspect of the proposal. The location and positioning of the proposed extension is such that those at number 9 Park Lane would only have a distance of 3.2m between the proposed side extension and their first floor rear bedroom window. The first floor element of the two-storey side extension would fall within a 45-degree line drawn from the mid point of the first floor bedroom window of 9 Park Lane. Unlike the other application for this property which appears elsewhere on this agenda and which is recommended for approval, a significant proportion of the first floor element falls within the 45 degree line, I consider that the projection of the first floor element and its proximity to the bedroom windows of 9 Park Lane are such that it would have an unacceptable detrimental impact on the amenity of those residents, contrary to policies DEV8, DES7 AND DES8. The neighbouring residents at 9 Park Lane have written a letter of representation to support the proposed scheme as they state that the first floor habitable room would not normally be used in daytime. The proposed side extension would not block out the summer evening sun and they did not want to preserve the current view for their bedroom. I acknowledge the neighbours comment. I do not however consider it appropriate to place significant weight on the personal circumstances of neighbouring residents, as these inevitably change over time, I remain of the opinion that, in view of the projection of proximity of the extension, and given that the window in question is the only window to that habitable room, the first floor element of the extension would have an unacceptable impact adverse impact of overbearing, dominance and loss of visual amenity to the bedroom which would not be possible to alter for the future occupiers. I have no highway objections. CONCLUSION Overall, the proposed development does not comply with the relevant policies of the adopted Unitary Development Plan and the Revised Deposit Draft Replacement Plan. It would therefore adversely affect the amenity and privacy to the future occupiers or neighbouring residents. I therefore recommend that the application to be refused. RECOMMENDATION: Refuse For the following Reasons: 1. The size and siting of the proposed two storey side extension would create an overbearing impact and dominance to the residents of the neighbouring property at 9 Park Lane. It would therefore have an unacceptable detrimental impact on the amenity of the residents of 9 Park Lane, contrary to policy DEV8 of the City of Salford Unitary Development Plan and policies DES7 and DES8 of the Revised Deposit Draft Replacement City of Salford Unitary Development Plan. 15 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 APPLICATION No: 05/51106/FUL APPLICANT: Degussa Feb LOCATION: Feb Limited Albany House Swinton Hall Road Pendlebury Swinton M27 4DT PROPOSAL: Retention of the erection of an external storage racking system WARD: Pendlebury At the meeting of the Panel held on 20th October 2005 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. My previous observation are as follows:DESCRIPTION OF SITE AND PROPOSAL This application relates to Albany House on Swinton Hall Road in Swinton. The applicant Degussa Feb is applying to retain a wooden external racking system used for storage puposes, which is located at the north east of the site. It is approximately 70m in length, 1.2m in depth and 3.6m in height. SITE HISTORY A complaint was made to the Council by a nearby resident regarding the racking system and its location within the site. The complainant claimed the racking was higher than the height of the boundary wall. A site visit was undertaken by an Enforcement Officer and due to the racking being fixed to the floor by bolts it is considered to be a permanent structure used to store drums and hence required planning permission. A retrospective application was submitted by Degussa Feb Ltd to retain the racking. CONSULTATIONS The Director of Environmental Services – no objection. PUBLICITY A site notice was displayed on 20th September 2005. The following neighbour addresses were notified: 16 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 1, 2, 3 and 4 Acme Drive 2 – 20 (E) Old Mill Close 26 – 36 (E) Old Mill Close REPRESENTATIONS I have received 3 letters of objection in response to the planning application publicity. One of the letters included a petition with twenty-one names. Four of the names on the petition appear on the other two objection letters. The following issues that have been raised which are relevant to this application are: Proximity of chemical storage to residential properties Loss of privacy Unacceptable visual impact Increase in noise Height of racking UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV1 – Development Criteria EN20 – Pollution Control REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: DES1 – Respecting Context DES7 – Amenity of Users and Neighbours EN14 – Pollution Control INSPECTOR’S REPORT Draft Policy DES1 - The report of the Planning Inspector into the objections to the replacement plan has recommended no changes to this policy. Draft Policy DES7 - The report of the Planning Inspector into the objections to the replacement plan has recommended no changes to this policy. Draft Policy EN14 - The report of the Planning Inspector into the objections to the replacement plan has suggested there are six further environmentally sensitive areas that should be considered along with the original five considerations. The policy would also give consideration to the cumulative effect of pollution, having regards to the effects of existing sources of pollution and any balancing benefits of the development. As such I consider that this policy can be afforded significant weight. PLANNING APPRAISAL The main planning issues relating to this application are: whether there is an unacceptable impact on the amenity of nearby residents both visually and in 5erms of noise and disturbance from stacking operations and whether the proposal accords with the provisions of the development plan. 17 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Adopted Policy DEV1 and Revised Policies DES1 and DES7 state regard should be had to factors such as the relationship to existing buildings and its surroundings, the character of the area, the visual appearance of the development and the amenity of users and neighbours. Adopted Policy EN20 and Revised Policy EN14 state development would not normally be allowed if it is considered to have an unacceptable increase in noise particularly around sensitive areas such as housing. The use of Albany House as an industrial unit which handles chemicals has been operating for many years prior to planning permission being granted for the residential development of the former Acme Mill into 59 dwellings in 1988. It was therefore considered acceptable to have housing on the land adjacent to Degussa Feb. The company does have existing external storage within the site and has recently erected a racking system to the north east of the site. This racking is the subject of this planning application. The boundary treatment between the racking system and the residential properties consists of an embankment with tall trees to the rears of 2 to 10 Old Mill Close, and fencing/walls to the rears of 12 to 38 Old Mill Close. The nearest property to the application site is 30 Old Mill Close where it is the side elevation of the house facing the application site. There are no habitable room windows on this elevation. The neighbouring properties on Old Mill Lane have their rear gardens between the rear of the properties and the boundary with Degussa Feb which is in excess of 15m at the minimum distance and I consider there to be sufficient screening with the fencing and walls for there not to be an unacceptable detrimental impact on the residential amenity of Old Mill Lane and Acme Drive and any overlooking. As previously mentioned the use of Albany House as a unit which handles and stores chemicals has been in existence for many years and so the issue of these chemicals near to houses is not a new occurrence. I would consider the presence of the racking system to be a suitable and safer method of storing the drums rather than having the drums simply put one on top of the other. There is existing activity eg fork lift trucks etc. in this part of the site and as such members need to consider whether the activities associated with the stacking of materials (fork lift trucks, lifting and unloading materials and so on) is significant in terms of the frequency, intensity and nature of the activities themselves. In response the Director of Environmental Services has not objected to the proposal. He has assessed the proposals and given existing site conditions and activity that already takes place, the addition of a stacking system would not unduly harm the living conditions of residents in terms of noise and disturbance. CONCLUSION In conclusion, I consider that the racking system is acceptable, as it does not have an unacceptable detrimental impact on the amenity of the nearby residential properties in terms of overlooking, loss of privacy and any increase in noise. I am of the opinion that the proposal complies with the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs and there are no material considerations which outweigh this finding. I therefore recommend that the application be approved. . 18 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 RECOMMENDATION: Approve - unconditional APPLICATION No: 05/51321/FUL APPLICANT: Del Greco Homes Ltd LOCATION: Oakwood 337 Manchester Road Clifton M27 6PT PROPOSAL: Demolition of existing dwelling and erection of two three-storey building comprising 18 apartments together with associated landscaping, car parking and alteration to existing vehicular access WARD: Pendlebury At the meeting of the Panel held on 20th October 2005 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. My previous observations are as follows:ADDITIONAL OBSERVATIONS Since writing my report I have received three additional letters of objection. Whilst the letters do not raise any new issues, they do raise concerns over the amended location of block B and possible implications upon the TPO’d trees. Urban Vision’s arboricultural consultant has assessed the trees and the submitted tree assessment. He has also met with the applicant’s own aborist on site and discussed the amendment to the siting of block B. He is of the opinion that the amendment to the siting of block B would be sufficient to safeguard the protected (confirmed and provisional) trees on site. DESCRIPTION OF SITE AND PROPOSAL This application relates to a large detached property which is bounded by a belt of mature TPO’d trees on its northern and western boundaries. To the front of the site is a stone wall approximately 1.5m in height. The site is within an established residential area comprising mainly of two storey semi detached properties, although there are some three storey apartments opposite and bungalows on Oakwood Avenue to the west. The proposal seeks to demolish the existing property and erect two blocks of apartments. Each block would contain 9 two bed apartments. Both blocks would be three storey with the front proportion of each block 19 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 utilising the roof space. Access would be taken from the existing vehicular access. Car parking for 18 cars would be provided between each of the blocks. Amenity space would be provided to the rear of block B, the front of block A and along the eastern common boundary. SITE HISTORY A similar scheme was refused under delegated authority earlier this year (05/50777/FUL). The following reasons for refusal were attached: 1. The design of Block A would be harmful to the character and appearance of the area by reason of its height, scale and proportions of the proposed roof. The proposed development is contrary to Policy DEV2 of the Adopted City of Salford Unitary Development Plan and Policy DES1 of the Revised Deposit Draft Replacement Unitary Development Plan. 2. The proposed development would result in the removal of a mature tree which has the protection of a provisional Tree Preservation Order. The loss of this tree would be to the significant detriment of the character and appearance of the local area, contrary to both the City Council's Supplementary Planning Guidance on Trees and policy EN10 of the Revised Deposit Draft Replacement Unitary Development Plan CONSULTATIONS The Director of Environmental Services – No objection subject to conditions regarding site investigations and noise assessments Environment Agency – no objection in principle subject to drainage condition United Utilities – no objection in principle Police Architectural Liaison Officer – Advises that a cul-de-sac would enable greater secured by design principles. PUBLICITY The site has been advertised by way of press and site notice. The following neighbour addresses were notified: 2 – 16 Oakwood 16 – 24 (even), 21 – 31 (odd) Solway Close Clifton Post Office 1 – 48 (con) Kirkstile Place 321 – 335 and 343 – 347 Manchester Road Flat 1 – 18 (con) Clifton Court 20 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 REPRESENTATIONS I have received 13 letters of objection in response to the application publicity. The following issues have been raised: Impact of additional vehicles Bats Removal of mature trees Overlooking Loss of privacy Amount of development already in area Amount of flats in area Shadows effect upon Solway Access to property Character of the area Work has already commenced REGIONAL SPATIAL STRATEGY Site specific policies: Other policies: None None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: Other policies: None H1 – Meeting Housing Needs, DEV1 Development Criteria, DEV2 – Good Design, DEV4 – Design and Crime, T13 – Car Parking EN7 Conservation of Trees and Woodlands, REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: Other policies: None H1 – Provision of New Housing Development, DES1 – Respecting Context, DES11 – Design and Crime, A10 – Provision of Car, Cycle and Motorcycle Parking in New Development, EN10 Protected Trees PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of residential development in this location is acceptable; whether the development would have any impact upon the TPO’d trees; whether the proposal satisfies the previous reasons for refusal of a similar scheme and whether the proposal complies with the provisions of the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDP. These issues will be discussed in turn below. The Principle of Residential Development Adopted Policy H1 states that the Council will endeavour to ensure that the city’s housing stock is able to meet the housing requirements of all groups within Salford by promoting a number of measures, including the release of land to accommodate new house building. 21 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Draft Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. The Inspector has recommended a number of amendments to this policy including the deletion of some of the criteria but that density of 30 dwellings per hectare should be sought. National planning policy guidance is also relevant. PPG3: Housing highlights the need to develop previously developed brownfield sites and where appropriate higher densities should be considered. PPG3 also states that, when considering conversions, a more flexible approach is required with regard to densities, car parking, amenity space and overlooking. The site has previously been developed and considered as a brownfield site, as such, I consider the principle of the redevelopment of this site for residential accommodation to be acceptable and accords with the thrust of the policies highlighted above. This has to be balanced against the loss of a potential tourism asset and the existing building. Design, Layout and Siting Adopted Policy DEV1 identifies a number of issues that should be taken into account when determining applications, including the visual appearance of the development, its relationship to its surroundings and the amount, design and layout of car parking provision. Adopted Policy DEV2 states that planning permission will not normally be granted unless the Council is satisfied with the quality of the design and the appearance of the development. Adopted Policy DEV4 encourages greater consideration of crime prevention and personal and property security in the design of new development. Regard will be had to a number of factors including the provision of security features. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. The Inspector has recommended no changes to this policy. Draft Policy DES11 updates Policy DEV4 of the Adopted UDP. Block A The applicant’s agent has provided a street scene elevation of the proposal within the context of the neighbouring semi detached property. Block A has been amended to reduce the height of the ridge from 9.3m adjacent to the common boundary. It would also include a hipped roof similar to that of the neighbouring semi detached dwelling. The height of the scheme would then increase to a height of 10.7 some 10m from the main wall of the neighbouring semi. This section also includes a hipped roof. The foot print of this element of the scheme would measure 18.4m X 13.6m. The element closet to the common boundary would be on a similar building line to that of the rear of the neighbouring property. The part of block A which would project beyond that of the rear elevation would measure 5m and would be 5m from the common boundary. There are no habitable windows within this neighbouring semi detached gable. 22 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Access to the block would be provided from both the Manchester Road Elevation and the rear car park elevation. Block B Block B would be three storey with the third storey partially in the roof space and would include hipped roofs. It would also include two storey bays to reflect the design and appearance of the surrounding residential properties. Three dormers would be provided within the elevation facing the car. The rear elevation would be of a three storey appearance. The footprint of this block would measure 17 X 14m. The eaves height at the front of the block would be 6.7m stepping to 8.6m. The highest part of ridge would be 12.2m. This block would provide 6 two bed apartments and 2 one bed apartments The block would be 6m from the common boundary and 12.8m to the closest corner of the properties on Solway Avenue. Block B would be sited parallel to the space between 24 and 31 Solway. These neighbouring properties on Solway are sited so that the main rear aspects would not face the gable of the proposed block B. Given that the aspects do not face the proposal I consider that this part of the proposal acceptable. The policy architectural liaison officer has raised some concerns with regard to the gated access at the front of site. He has recommended that the inclusion of a cul-de-sac would enable the scheme to accord with the principles of secured by design. However, whilst the proposal would not achieve secured by design status the constraints of the site including position of TPO’d trees are such that a cul-de-sac could not be incorporated into the scheme and provide the neighbouring properties and future occupiers with the same level of amenity. The site would include gated vehicular and pedestrian access points which would accord with the design and crime policies of the adopted and revised plan and with guidance provided within the Council’s adopted SPG for Design and Crime. Trees Policy EN7 encourages the conservation of trees and woodland through supporting the retention of trees and aims to ensure that new tree planting is designed to contribute to landscape quality. Policy EN10 of the Revised Replacement Plan states that development that would result in the unacceptable loss of trees will not be permitted. The Inspector has recommended no changes to this policy. The Inspector has recommended no changes to this policy. Urban Vision’s arboricultural consultant has assessed the trees and the submitted tree assessment. The previous reason for refusal stated: “The proposed development would result in the removal of a mature tree which has the protection of a provisional Tree Preservation Order. The loss of this tree would be to the significant detriment of the character and appearance of the local area, contrary to both the City Council's Supplementary Planning Guidance on Trees and policy EN10 of the Revised Deposit Draft Replacement Unitary Development Plan” The siting of Block B has been amended so that it would be 12.5 from the Sycamore which has been afforded the protection of a provisional TPO. Moreover, Urban Vision’s arboricultural consultant is of the opinion that this tree is in need of pruning. He has recommended that the crown be reduced by 1m. The 23 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 revised siting coupled with the suggested pruning work would ensure that this element of the proposal would accord with the adopted Supplementary Planning Guidance for trees. In conclusion, I am satisfied that the proposal accords with the policies highlighted above regarding trees. Car Parking Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards and that car parks are designed to a high standard, with particular regard to access arrangements, surface materials, boundary treatments and security measures. Draft Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. The applicant has indicated that a total of 18 car parking spaces would be provided, I have no highway objection to the application. Given that the site is located on a major route in and out of City and one that is well served by public transport, I consider the level of car parking to be appropriate and in accordance with the Council’s maximum car parking standards. Two spaces would be marked for disabled persons. I have attached a condition requiring details of cycle stores to be provided. Turning to the proposed access. The City Council’s highway engineer is of the opinion that the proposed access is sufficient for the proposed development providing adequate protection measures are provided to ensure visibility. Other issues I have instructed the applicant’s agent to undertake a bat survey following comments from the Greater Manchester Ecology Unit. I will report the findings of this assessment to the Panel. VALUE ADDED TO DEVELOPMENT Since the refusal of the last scheme the design of the proposal has been amended to address reason for refusal number one. The siting of block B has also been amended so that the large sycamore on the edge of the mature woodland can be retained. I consider that these amendments address the reason why the previous scheme was refused. Moreover, the improvements to the design of block A have also been replicated on block B to the rear of the site. CONCLUSION I consider that the amendments made to the design of Block A and the siting of Block B are sufficient to offset the reasons for refusing the previous scheme. As such I consider that this revised scheme should be approved. I do not consider that there are any material considerations that outweigh this view. RECOMMENDATION: 24 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No development shall be started until samples of the facing materials to be used for the external elevations of the development have been submitted to and approved in writing by the Local Planning Authority. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. Standard Condition F03X Surfacing 5. Standard Condition J04X Bin Stores 6. No development shall commence until a scheme of recycling facilities for the apartments has been submitted to and approved in writing by the Local Planning Authority. Such scheme as is approved shall be implemented in full prior to the occupation of any dwelling. 7. No development shall commence until an external lighting scheme for the apartments has been submitted to and agreed in writing by the Local Planning Authority. Such scheme as is approved shall be implemented in full prior to the occupation of any dwelling. 8. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 9. Prior to commencement of the development; the developer shall undertake an assessment to determine the external noise levels from the surrounding roads that the proposed residential elements will be subjected to (day time and night time). The developer shall detail what steps have to be taken to mitigate the disturbance from the above. The assessment shall have due regard to the Department of the Environment Guidance PPG 24 - Planning and Noise, achieving BS8233: 1999 in all habitable rooms. 25 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 This assessment and mitigation measures shall be submitted for the approval of the Local Planning Authority prior to commencement of the development. Once agreed, all identified noise control measures shall be implemented and thereafter retained. 10. This permission shall relate to the amended plan received on 4th October 2005 which shows the revised siting of Block B and amendments to the design of both blocks 11. Standard Condition C04X Fencing of Trees protected by T.P.O. 12. Prior to the commencement of development a scheme for the provision of surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The drainage shall be constructed in accordance with the approved details prior to first occupation of the dwellings (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R008A Development-Buildings in vicinity 3. Standard Reason R004A Amenity-area 4. Standard Reason R013A Use of parking areas 5. Standard Reason R005A Amenity-neighbours 6. Standard Reason R024A Amenity of future residents 7. Standard Reason R024A Amenity of future residents 8. Standard Reason R028A Public safety 9. Standard Reason R024A Amenity of future residents 10. Standard Reason R019 Avoidance of Doubt 11. Standard Reason R009 Safeguard Existing Trees 12. To reduce the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal in accordance with policy DEV 11 of the City of Salford Unitary Development Plan. Note(s) for Applicant 1. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. 26 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 2. For further discussions regarding the requirements of the Contaminated Land Condition and issues relating to noise during construction and demolition, the applicant/developer is advised to contact the Environmental Protection Team in the Directorate of Environmental Services (Tel: (0161) 737 0551). 3. The applicant is advised to contact United Utilities with regarding to drainage and connection to the sewer network APPLICATION No: 05/51282/FUL APPLICANT: The David Ellwood Lever Sipp LOCATION: 48 Park Road Salford 6 PROPOSAL: Demolition of existing office building and erection of one three storey building comprising nine apartments together with associated car parking and alteration to existing vehicular access WARD: Weaste And Seedley At the meeting of the Panel held on 20th October 2005 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. My previous observations are as follows:Since writing the panel report Cllr Ainsworth has made additional comments on the following aspects of the proposal Car parking and access The driveway and gated access inhibit users of car parking space number 1 (located to the front of the property) from entering/leaving the site in a forward gear. The driveway is not wide enough to allow two way flow of traffic The location of Park Road in close proximity to Hope Hospital means that existing on road car parking space is already under pressure and as a result residents only parking scheme and a restricted waiting bay have been introduced. Consequently Cllr Ainsworth is of the opinion that on site parking provision is inadequate as there is no provision for visitors and the possible demand for car parking by residents of the proposed apartments could exceed supply as the proposed apartments are all 2 bed and only 9 spaces are provided. Cllr Ainsworth has also requested that members are made aware of the proposed changes to policy A10 advocated by the Inspector in their review of the revised deposit draft replacement plan namely the addition of a penultimate paragraph that states “Car parking provision in residential developments will be assessed on a case by case basis, having regard to the type and accommodation of the properties, their location, the availability of and proximity to public transport, the availability of shared parking facilities, and the existing level of on street parking. Development with more than 1.5 off-street parking spaces per dwelling or unit of accommodation, averaged over the city area, is unlikely to be regarded as sustainable”. 27 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Dwelling type – The most appropriate from of new residential development that would contribute to a balanced mix of housing in the area would be larger family houses not the apartments proposed. Design – The attractiveness of the design is a matter of subjective opinion. If any new building is to make as distinctive a contribution to the streetscape and contribute to the present eclectic mix of styles present along Park Road then it should be more 'modernistic' and 'purist' design. Contribution to open space within the area - Policy H8 applies and therefore the developer should make a contribution, via a section 106 agreement, to open space provision within the area, particularly given that the locality is identified within the UOSS as being deficient in formal and informal recreation space and the development would create additional demand for open space. Cllr Ainsworth has also asked that a note be made of his lack of awareness of vandalism to the building despite being both a local resident and a local Councillor. In the light of these observations and those made previously Cllr Ainsworth has requested that the conditions that require the following are attached – A contribution to the provision and or maintenance of public open space in the vicinity of the site. Either a contribution to the introduction of a residents parking scheme or a restriction on the number of car owning residents that can occupy the apartments together with a ban on occupants of the proposed apartment obtaining residents parking permits. Details of the proposed cycle store and bin stores. The driveway and car park to be surfaced in paviors. A revision to the proposed car-parking layout to ensure compliance with the minimum standards for disabled spaces A revision to the front elevation, which involves the removal of the ground floor French doors and the insertion of traditional windows. My Additional Observations Policy H8 seeks to secure new open space or open space improvements as part of new housing developments and is to be read in conjunction with the Council Supplementary Planning Guidance on Open Space Provision that provides details of when a contribution to open space provison is required and what the contribution should be. It states that the policy only applies to developments that encorporate 50 or more bedspaces (the number of bedspaces in each dwelling/apartment being equal to the number of bedrooms plus one). In this case 27 bedspaces would be provided, insufficient to trigger the requirement for open space provison and therefore I cannot attach a condition that requires a contribution to open space provision in the locality. Attaching a condition restricting the number of car owning residents of the proposed apartments would not satisfy the 6 tests of a condition as such a condition would not be reasonable nor would it be enforceable. A 28 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 condition requiring a contribution to the introduction of additional residents car parking would not satisfy the 6 tests either as it would not be reasonable as the proposed development would not generate significant traffic or parking demand. Details of the proposed cycle stores have already been provided and a condition has been attached that requires the details of the proposed bin stores to be submitted and approved prior to the commencement of development. Similarly a landscaping condition has been attached which requires details of any proposed surface treatments to be submitted and approved prior to the commencement of development. With regards to the provision of disabled car parking the standards in the revised deposit draft replacement plan state that 5% of the total number of parking spaces provided should be suitable for use by disabled persons. To be suitable spaces should be 3.6m wide. 9 spaces will be provided on site and therefore 1 disabled space should be provided. The proposed car-parking layout does not currently include any spaces suitable for use by disabled persons. It can however be amended in order to incorporate 1 space and therefore I have added a condition requiring a revised car parking layout that incorporates 1 disabled space to be submitted and approved prior to the commencement of development. I do not feel that it is necessary to revise the design of the proposed apartments. An additional letter of representation has also been received since the writing of the attached report. The writer does not raise any new issues to those already highlighted. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DESCRIPTION OF SITE AND PROPOSAL The application site comprises of a vacant three-storey office building together with and a single storey outbuilding to the rear. The site fronts onto Park Road and is bounded on three sides by residential properties. Vehicular access into the site is from Park Road. The proposed L shaped building would be three storeys in height. It would be a minimum of 5m from the back of the footpath on Park Road. It would be set in 1m from the boundary with 50 Park Road and would run for 16m along this boundary. It would have a 16m frontage along Park Road. It would be 7.3m to the eaves and 10.8m to the ridge. A total of nine car parking spaces would be provided to the rear of the proposed building and vehicular access into the site would be gained from Park Road. A cycle storage area would also be provided within the site. SITE HISTORY An application for the demolition of the existing offices and the erection of a three-storey building comprising of 9 apartments together with associated landscaping was submitted in May 2005 (Ref – 05/50659/FUL). This application was withdrawn in June 2005. 29 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 PUBLICITY A site notice was displayed on the 13th of September 2005. The following neighbour addresses were notified: 37 to 43m (odd) Park Road 50 to56 (even) Park Road St Peter & St Paul Church, Park Road 1 and 3 Tandis Court 6 to 18 (even) Tandis Court 9 to 17 (odd) Tandis Court 21 Victoria Road 63 to 79 (odd) Victoria Road 77 and 83 St Georges Crescent 209 Eccles Old Road Gilda Brook Post Offices, 258 Eccles Old Road. REPRESENTATIONS I have received 12 letters of representation / objection in response to the planning application publicity, including one from Councillor Ainsworth. The following issues have been raised:Inadequate plans that are difficult to understand Loss of a building with lots of character that makes a positive contribution to the area The building should be reused for office purposes – Salford does not need any more apartments but more affordable family accommodation and more specifically in this area accommodation for hospital workers. The building should be reused as according to the Inspector’s report priority should be given to the re-use of buildings that are sound and worthy of re-use. Disruption during the construction period Loss of view Loss of light Overshadowing Loss of privacy Inadequate parking provision Over-development of the site Insufficient amenity space for future residents Failure to provide a separate pedestrian access will result in conflicts between pedestrians and vehicular traffic to the detriment of pedestrian safety Insufficient space to maintain the side if the building that runs along the boundary with 50 Park Road Impact on trees Disruption during the construction period and loss of view are not material planning considerations, nor is future maintenance of the building. 30 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Cllr Ainsworth also raised concerns about the position of the gated access and its relationship to car parking space number 1 which would, in his opinion, inhibit users of space 1 to enter and leave the site in a forward gear, thus causing highway safety concerns. Councillor Ainsworth has also requested that members consider a site visit in order to appreciate the scale and context of what is proposed (and the difficulties likely to impact on existing residents) and to respond to the significant amount of local opposition, as many residents cannot attend this meeting. UNITARY DEVELOPMENT PLAN POLICY Other policies: Site specific policies: none Other policies: H1 – Meeting Housing Needs DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime T13 – Car Parking REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: none Other policies: H1 – Provision of New Housing Development DES1 – Respecting Context DES11 – Design and Crime A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments ST11 Location of New Development INSPECTOR’S REPORT Draft Policy H1 - recommended a number of changes but the thrust of the policy remains largely the same. Draft Policy DES1– recommended only relatively minor amendments Draft Policy DES11 - recommended no changes to this policy. Draft Policy A10 - recommended only relatively minor amendments ST11 – recommended re-wording to give priority to the re-use/conversion of existing buildings where they are sound and worthy of reuse and/or of architectural or historic interest and their re-use is effective. PLANNING APPRAISAL I consider the main issues in the determination of the application to be: whether the principle of the use is acceptable; whether the proposal would have a detrimental impact on the amenity of neighbouring residents; whether the design of the proposed building is acceptable; whether the proposed level of car parking is acceptable; whether the proposal would be satisfactorily secure; and whether the proposed development accords with the Adopted and Revised Deposit Draft Replacement UDP. I shall deal with each in turn below. 31 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Principle Policy ST11 advocates a sequential approach to the location of new development, which gives priority to previously developed land ahead of Greenfield land. In his report the Inspector has recommended that the policy be amended to give priority to the re-use/conversion of existing buildings where they are sound and worthy of reuse and/or of architectural or historic interest ahead of other previously developed land. The site is currently occupied by a three-storey building and a single storey outbuilding, which have been vacant for a number of years as they are not compliant with legislation passed under the Disability Discrimination Act. The applicant submitted a supporting statement that outlines their reasoning for not re-using the existing buildings. They state that their ability to be reused for office purposes or converted to residential accommodation is limited as considerable economic outlay would be required to make the buildings DDA compliant and suitable for use particularly given that the buildings have been vandalised in the past and the out building is in a poor state of repair. Consequently the applicant is of the opinion that re-use or conversion of the existing buildings would not therefore be an effective solution to bring the site back into use. I am satisfied with this justification for not reusing the existing buildings and therefore I am of the opinion that the proposed development is in accordance with the sequential approach to the location of new development outlined in Policy ST11 and the Inspectors Report. I do not have any objections to the demolition of the existing buildings as the site is not located within a conservation area and the buildings themselves do not have any architectural merit nor do they have any “special” history that makes them worthy of listing or re-use. The application site is located in a predominantly residential area and I am therefore of the opinion that the use of the land for residential purposes would be compatible with surrounding land uses. Adopted Policy H1 states that the Council will endeavour to ensure that the city’s housing stock is able to meet the housing requirements of all groups within Salford by promoting a number of measures, including the release of land to accommodate new house building. Draft Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. The surrounding area comprises predominantly semi-detached and terraced dwellings, and I am therefore of the opinion that, as this application proposes apartments, it would contribute to the provision of a mix of dwelling types in the area, in accordance with policies H1. I therefore consider the principle of the proposed development to be acceptable. Amenity of neighbours and future residents Adopted Policy DEV1 outlines a number of criteria to which regard should be had in the determination of planning applications. Of most relevance to this application are the location of the proposed development, including its relationship to existing and proposed land uses, the size and density of the proposed development and the impact on neighbouring residents. 32 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 Draft Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. There would be habitable room window-to-window separation distances of 23.5m to the properties at the rear of Victoria Road and 24m to those opposite on Park Road. The proposed apartments would not therefore result those on Victoria Road or Park Road experiencing a loss of privacy or a reduction in the residential amenity they can reasonable expect to enjoy. The relationship between the proposed apartment block and the properties located within Tandis Court is such that there would not be any facing habitable room windows. At its closest the building would be located 13.5m from the habitable room windows contained within Tandis Court, the same as the existing building. There are 2 mature trees on the common boundary of the site, which provide screening. I am therefore of the opinion that the proposed apartment block would not form an overbearing structure and therefore its introduction would not have an adverse impact upon the amount of light the residents of Tandis Court currently receive. Consequently the residential amenity the occupants of Tandis Court currently enjoy would not be adversely affected by the proposal. The residential amenity the occupants of 50 Park Road would not be affected by the proposal either as those residents at 50 Park Road do not have any habitable room windows in their gable end and the building would not project beyond a 45-degree line drawn from any habitable room window in the rear elevation of the property. In the light of the above separation distances, I am satisfied that there would be no unacceptable detrimental impact on the amenity of existing or future residents of the neighbouring dwellings and the proposed apartments. I am therefore of the opinion that the application accords with Policy DES7. Design Adopted Policy DEV2 states that planning permission will not normally be granted unless the Council is satisfied with the quality of the design and the appearance of the development. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. The majority of the adjacent buildings are two storeys in height, I do not however have any objections to the scale and massing of the proposed building, as it would only be 1m higher than the existing building and despite having a larger footprint and a more prominent front elevation I am of the opinion that the proposed building would not have an adverse impact upon the visual amenity of the area. It respects the existing building line and it is well designed so it incorporates a number of the local architectural features. I have attached a condition requiring the submission of samples of materials to be submitted and approved prior to the commencement of development and I am satisfied that this will ensure that they will be of a suitably high quality and in keeping with the 33 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 surrounding area. This should ensure that the proposed building makes a positive contribution to the character of the area. On the above basis, I am of the opinion that the application accords with Adopted Policy DEV2 and Draft Policy DES1. Car Parking and access Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards and that car parks are designed to a high standard, with particular regard to access arrangements, surface materials, boundary treatments and security measures. Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. A total of nine car parking spaces would be provided within the site. In addition, there would be a cycle storage area within the site. The application site is also well located in terms of public transport. I am therefore satisfied that the proposed level of car parking is acceptable and accords with the Council’s maximum car parking standards. Part of the proposal involves the widening of the exiting vehicular access, which will be gated 9.5m from the site boundary and the introduction of a separate pedestrian access. The City Council’s highway engineer is of the opinion that the proposed car parking layout and the new access is acceptable and therefore I do not have any concerns with the proposal on highway safety grounds. Trees Policy EN7 encourages the conservation of trees and woodland through supporting the retention of trees and aims to ensure that new tree planting is designed to contribute to landscape quality. Policy EN10 of the Revised Replacement Plan states that development that would result in the unacceptable loss of trees will not be permitted. The adopted Supplementary Planning Guidance for trees states that “In the case of residential buildings, a development in which a principle window (main window to a lounge, dining room or main bedroom) is overshadowed by a tree, or where any part of a tree is sited within 3.6m of a window will be resisted”. There are two large trees within the grounds of 48 Park Road, a sycamore and a horse chestnut. City of Salford Tree Preservation Order Number 13 protects the sycamore. The horse chestnut is not protected. The City’s arboricultural consultant has inspected the horse chestnut, which has been topped in the past, and therefore in his opinion it is not worthy of protection, particularly given the limited contribution the tree makes to the visual amenity of the area. The applicant has however stated that they intend to retain the tree and consequently I feel it is appropriate to use protection measures to ensure that its health is not unnecessarily adversely affected by the proposed development. 34 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 In the arboricultural consultants opinion the erection of protective fencing would ensure that the construction of the proposed apartments would not have a detrimental impact upon the trees. The separation distances between the canopies of the trees and habitable room windows in the proposed apartments complies with the guidance in the SPG and therefore the development would not result in an unacceptable impact upon the trees due to future people pressure either. Overall, I am therefore satisfied that the proposal accords with the policies highlighted above regarding trees. VALUE ADDED TO DEVELOPMENT As result of my concerns relating to its design and appearance in the street scene the scheme submitted under 05/50659/FUL has been amended to include architectural features typical of other buildings in the area. A separate pedestrian access has also been introduced in order to minimise the potential conflicts between pedestrians and vehicular traffic. CONCLUSION In conclusion, I consider the principle of the proposed development to be acceptable and that the proposed scheme would contribute to the provision of a mix of dwelling types in the area. I am satisfied that the amenity of existing or future residents of neighbouring properties and the proposed apartments would not be unacceptably detrimentally affected as a result of this scheme and that the design of the buildings is acceptable. Consequently, I am satisfied that the application accords with the relevant policies of the Adopted and Revised Deposit Draft Replacement UDPs. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No development shall be started until samples of the facing materials to be used for the walls and roof of the development have been submitted to and approved in writing by the Local Planning Authority. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. Before the first occupation of the apartments hereby permitted, the new vehicular access and pedestrian access to the development, as shown on the approved plans, shall be provided to the satisfaction of the Local Planning Authority. 35 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 5. No development shall be started until substantial fences, located 5m from the base of the trees, have been erected around the sycamore and horse chestnut trees located within the site. Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing. 6. Notwithstanding the details submitted, prior to the commencement of development an arboricultural method statement that details the special procedures and materials that will be used to remove the tarmacadum within the sphere of influence of the sycamore and horsechestnut tree and to construct the new driveway, car parking and landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. Once approved the tarmacadum shall be removed in accordance with the approved scheme and the new driveway, car parking and landscaped areas shall be constructed in accordance with the approved scheme. 7. No development shall be started until full details of the location, design and construction of bin stores have been submitted to and approved in writing by the Local Planning Authority. Such approved bin stores shall thereafter be constructed and made available for use before the development is brought into use. 8. Prior to the commencement of development a revised car parking layout providing 9 spaces that incorporates 1 disabled car parking space shall be submitted to and approved in writing by the Local Planning Authority. The car park shall be laid out and made avaliable for use prior to the first occupation of the apartments. Such provision shall be retained and kept avaliable for use thereafter. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R004A Amenity-area 4. Standard Reason R026A Interests of highway safety 5. Standard Reason R009 Safeguard Existing Trees 6. Standard Reason R009 Safeguard Existing Trees 7. Standard Reason R004A Amenity-area 8. To accord with Policy A10 of the revised deposit draft replacement plan in the interests of highway saftey and residentail amenity. Note(s) for Applicant 36 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 1. The permission shall relate to the amended plan received on the 3rd of October 2005 which shows a revised access arrangement. 2. The responsibility to properly address contaminated land issues, including safe development, irrespective of any action taken by this authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council's Environmental Protection Unit as soon as is practicable should contamination be encountered during development of the site. Historical map searches have identified a former potentially contaminative use (i.e. may be a former industrial use, an infilled feature such as a pond etc.) that may effect the development of the site. You need to ensure that your builder and the building control officer dealing with the developer are aware of this so that appropriate precautions can be taken to protect the developer, the public, the environment and the future occupants from contamination issues. For further discussions regarding the requirements of the Contaminated Land Advisory, the applicant/developer is advised to contact the Environmental Protection Team in the Environment Directorate (Tel: 0161 737 0551). APPLICATION No: 05/51082/HH APPLICANT: B Sutton LOCATION: 254 Manchester Road Worsley M28 3LZ PROPOSAL: Retention of detached garage at rear of dwelling WARD: Walkden North DESCRIPTION OF SITE AND PROPOSAL This application relates to a terraced property on Manchester Road in Walkden, Worsley. The application is to retain a detached garage to the rear of the dwelling in the alleyway. The garage is 5.868m by 6.136m and 3.45m in height. SITE HISTORY An application for the change of use of 254 Manchester Road from a single dwelling to two self-contained flats was granted planning permission in March 1999 (Salford City Council Ref: 99/38921/COU). In November 2001 an application for the erection of 2.1m high fencing and gates (Salford City Council Ref: 01/43340/HH) across the alleyway was received to provide secure car parking for the new tenants of the two flats at 254 Manchester Road. This application was withdrawn as the applicant no longer wishes to undertake that development. PUBLICITY The following neighbour addresses were notified: 37 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 252 Manchester Road 37 and 39 Firfield Grove REPRESENTATIONS I have received two letters of representation in response to the planning application publicity. The following issues have been raised: Restricts access of neighbouring residents Ownership of land One letter had an attached petition with eleven additional signatures. A neighbour of the resident of 252 Manchester Road, who sent in the petition, has confirmed in writing that there is a signature of their name on the letter but they did not sign it. There are also no addresses accompanying the signatures on the petition to know where they live. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV1 – Development Criteria REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: DES1 – Respecting Context DES7 – Amenity of Users and Neighbours INSPECTOR’S REPORT DES1 – Slight modifications recommended but no alteration to the policy stance. DES7 – No modifications recommended. PLANNING APPRAISAL The main planning issues relating to this application are: whether the proposal would seriously injure the amenity of existing residential properties and whether the proposal complies with the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs. Policy DEV1 of the adopted UDP and Policy DES1 of the Revised Deposit Draft Replacement Plan outline the factors that will be considered when determining planning applications. These include the location, nature, size, density and appearance of the proposed development and its relationship to its surroundings. Policy DES7 of the Revised Deposit Draft Replacement Plan states development will not be permitted where it would have an adverse impact upon the occupiers or users of other developments in the vicinity. Due to the garage being at the end of the alleyway I do not consider there is an unacceptable impact on the amenity of neighbouring residents. The properties on Firfield Grove are more than 30m away from the garage and to the east of the site is the car park of Linnyshaw Mill. 38 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 The garage does not have an unacceptable impact on the character of the area as other garages exist in the vicinity and due to being at the bottom of the alleyway it does not have any impact on street scene. As there is not an unacceptable detrimental impact on the occupiers of neighbouring properties I consider the garage to comply with polices DEV1, DES1 and DES7. As a result of concerns of the Councils drainage engineer the applicant was required to undertake a survey to establish the locations of the surface water and foul sewers and whether the construction of the garage had caused any damage. A CCTV survey was undertaken in October 2005 by a private contractor which confirmed no damage has been done to the sewers as they do not run directly underneath the garage. The red line boundary shows that the applicant owns the land at the rear of 254 Manchester Road and he has signed the relevant certificate to confirm this. I am therefore satisfied that the correct procedure has been followed. The alleyway is used by neighbouring residents on Manchester Road for vehicular access into their rear gardens. I do not consider the presence of the garage will restrict neighbour’s access into their rear gardens in any way as it is at the end of the alleyway. Although the doors open outwards the tenant of one of the flats at 254 confirmed the doors are kept closed when not in use for security reasons. CONCLUSION In conclusion I believe the garage should be granted planning permission as it complies with the policies in the adopted and revised Unitary Development Plan. I therefore recommend the approval of this application. RECOMMENDATION: Approve - unconditional 39 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 40 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th November 2005 41