PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 APPLICATION No: 05/50434/FUL APPLICANT: Peel Investments North Limited LOCATION: Land On The South West Side Of Michigan Avenue Salford PROPOSAL: Demolition of existing industrial unit and erection of two 21 storey and two 29 storey towers providing 600 residential units together with retail, leisure and creche development on ground floor with part underground and part integral car parking on ground to first floor, alterations to existing vehicular access and alterations to public realm. WARD: Ordsall DESCRIPTION OF SITE AND PROPOSAL This site comprises land at the southern end of Michigan Avenue adjacent to the Harbour City Metrolink Stop. The site is split into two and is divided by the roundabout at the southern end of Michigan Avenue. At present on the eastern half of the site, between the roundabout and the existing seven floor multi-storey car park, is a single storey industrial unit which is occupied. On the western half of the site, between the roundabout and the Metrolink line, the site is vacant and enclosed with a security fence. The harbour city tram stop is located immediately adjacent to the eastern half of the site. To the north of the site lie low rise industrial units whilst to the south across the Quays Loop Road and Metrolink line are the three NV Buildings at 17 storeys each. Also across the Quays Loop Road are the Conran Buildings which are under construction and which have a 22 storey tower, and the Victoria & Alexandra Office buildings. Also along the Quays Loop Road is the Millennium development which has permission for a 22 storey tower. Planning permission is sought for four towers containing 600 one, two and three bedroom residential units, 1,309sq.m. retail use and 1574 sq.m of crčche and gym use. Twenty-four three bed flats are proposed, 492 two bed flats are proposed and 84 one bed flats are proposed. Two towers would be sited on each half of the site. To the eastern side there would be one 21 storey tower and one 29 storey tower, the western part of the site would also house a 21 storey tower and a 29 storey tower. The 29 storey towers are proposed to be sited adjacent to Michigan Avenue toward the centre of the site with the 21 storey towers flanking the taller towers. The towers have angular forms and are each finished with a sloped south facing roof which would include a photovoltaic system to capture energy from the sun for lighting communal areas within the building. The towers are proposed to be built on podiums which would contain the retail and leisure space to the south, west and east frontages. The retail and leisure uses would have full height glazing. Six hundred and twenty-nine car parking spaces are proposed on two underground levels and across 1 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 two levels on the northern part of the podiums. Vehicular access is proposed off the roundabout at the southern end of Michigan Avenue. A recessed floor above the podium level would provide some shared amenity space for residents. The proposal also includes level access to the eastbound Metrolink platform and architectural canopy, with photovoltaic roof system, to provide shelter at the tram stop. Public realm works also include seating areas, a water wall and a sculpture. The applicant has submitted a planning and design statement which explains the architects justification for the form and mass of the proposed building and considers views between the buildings and connectivity in the area. The planning policy framework is also considered as is the future redevelopment of the area. The applicant has also submitted a wind study which analyses the existing wind conditions at the site and the impact of the proposed buildings upon the wind conditions at ground level. The wind study concludes that mitigation measures of soft landscaping should be included at ground level to disperse wind. The applicant has also submitted a Transport Assessment which addresses capacity issues on several local roads, public transport provision, cycle access and access for people with impaired mobility and considers the planning framework with respect to transportation. The transport assessment includes existing developments in its analysis and also permitted but as yet unimplemented developments in the area. Also included are the applicants proposed future redevelopment plans for the remainder of the Dock 9 site. The transport assessment explains the development would not itself require the construction of the Broadway Link to ease pressure on the local traffic network. The transport assessment concludes that the proposed development would not have any significant impacts upon the local highway network and the development would promote sustainable transport choices. SITE HISTORY Wider Dock 9 Site (including the western part of this site) In 2000, Outline permission was granted for a mixed use development including 600 residential units, 90,473sq.m. of office space, 2415sq.m. retail space and 3716sq.m. of leisure space and a 300 bedroom hotel (97/36749/OUT). In 2003, outline planning permission was renewed for a mixed use development including 600 residential units, 90,473sq.m. of office space, 2415sq.m. retail space and 3716sq.m. of leisure space and a 300 bedroom hotel (03/46042/OUT). The Application Site No previous planning history other than the two outline applications listed above. CONSULTATIONS Manchester Airport – No objection subject to the imposition of a condition requiring the use of lighting on cranes during construction. Civil Aviation Authority – Advises the Council to be sure the development accords with Government guidance on proximity to Aerodromes. Greater Manchester Archaeological Unit – No known features of archaeological interest. 2 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Director of Environmental Services – The site is on the edge of the former dockland area and is currently under industrial use. It is highly likely that there will be some contamination to the ground in the area with a possibility for gas migration affecting the ground floor levels. A full site investigation report will be required to determine the risk and any necessary ground contamination or gas which could affect the amenity of future residents. The site is also adjacent to one of two major access routes to the Lowry centre and associated facilities as well as several other large scale mixed use sites. It is likely that noise from these uses will have an impact on the future residents on site. The site is also surrounded on two sides by the Eccles-Manchester Metrolink service. The third side is also abutting industrial sites. Noise is likely to have a significant impact on this application and as such a condition will be required to assess and propose mitigation measures commensurate with the end uses. Noise from the site may also be an issue for other surrounding residential uses from the retail uses proposed on the ground floor. Greater Manchester Passenger Transport Executive – Explain that public transport links are good and that high density development such as this is supported by GMPTE. Recommend a free one year travel pass for each residential unit, a buyers pack to include information on public transport and a personalised journey planner. Environment Agency – No objections subject to conditions relating to surface water drainage and a contaminated land condition. Lowry Development Company – No comments received Trafford Metropolitan Borough Council – No comments received United Utilities – No objections subject to the applicant agreeing drainage details with United Utilities. Highways Agency – Provide comments on the Transport Assessment which relates to the applicants proposals for the wider area. State that this proposed development would not have a material impact on the safety and operation of the Trunk Road network. Grain Wharf Residents Association – No comments received Grain Wharf Management Company – No objections received Central Salford Urban Regeneration Company – No comments received Peter Hunter – Had concerns over the submitted scheme with regard to integration to the Metrolink platform and lack of information on the elevations of the towers. Following the submission of amended plans Peter Hunter has advised the scheme has addressed his previous concerns and that the scheme is acceptable. GM Architectural Liaison Unit – No comments received Central Salford URC – No comments received PUBLICITY The application has been advertised by way of site and press notices. The following neighbour addresses were notified: 60 – 97 Vancouver Quay 30 – 58 Winnipeg Quay 15 – 173 Labrador Quay 1 – 164 NV Buildings 3 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 43-68 St Lawrence Quay City Lofts, Harrogate Alexandra Building Victoria Building Capstan House, Broadway Chandlers Point 33-37 Broadway Air Products Ltd, Broadway JDS Trucks, Broadway Spinnaker Court, Chandlers Point, Broadway Abbey Life Insurance, Broadway Lowry House, 5 Ohio Avenue 1 - 4 Ohio Avenue Units 1, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15 Michigan Avenue Batleys Plc, Ohio Avenue 1 - 5 Central Park, Ohio Avenue Avis Fleet Services, Ohio Avenue Hedgehog House, Ohio Avenue Unisafe House, Ohio Avenue Units 2 – 7 Washington Centre, 102 – 112 Broadway 114 – 116, 122, 124, 200, 210 Broadway Freshbake Foods, 101 Broadway 1a, 1 - 4 Anchorage Quay Bupa Offices, Anchorage Quay Newscentre, Anchorage Quay Wright Health Group, Anchorage Quay Barclays Bank, Anchorage Quay Youth Centre, Anchorage Quay Food Mountain, Anchorage Quay Ventor Factors Plc, Anchorage Quay FM Insurance, Anchorage Quay Trillium, Anchorage Quay Allianz Cornhill, Anchorage Quay Amec, Anchorage Quay REPRESENTATIONS I have received one letter, in support of the application, in response to the application publicity. The letter has been received from a resident of the NV buildings. The following issue was raised: The proposal would be an excellent continuation of the redevelopment of the Quays. REGIONAL SPATIAL STRATEGY DP3 Quality in New Development 4 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 UNITARY DEVELOPMENT PLAN POLICY Site specific policies: none Other policies:DEV 1 - Development Criteria, DEV2 - Good Design, H1 Housing, H6 and H11 Open Space Provision Within New Housing Developments, EN20 Pollution Control, EC3 Re-use of Sites REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: MX1/3 Development in Mixed Use Areas Other policies: ST11 – Location of New Development, E5 – Development Within Established Employment Areas, DES1 – Respecting Context, DES5 – Tall Buildings, DES3 Design of Public Space, DES4 Relationship to Public Space, DES5 Tall Buildings, DES7 Amenity of Users and Neighbours, H1 Housing, H8 Open Space Provision Within New Housing Developments, S2B Retail and Leisure Development Outside Town and Neighbourhood Centres, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments, A1 Transport Assessments and Travel Plans, A2 Cyclists, Pedestrians and the Disabled, EN17a Resource Conservation, EN14 Pollution Control. INSPECTOR’S REPORT ST11 – Explains sites for development will be brought forward in the following order; re-use and conversion of existing buildings, then previously developed land and deleting greenfield sites from the policy. The reasoned justification is to be modified. E5 – Modification to the reasoned justification to give a fuller explanation of the areas to which the policy should apply. H1 – Recommended a number of changes but the thrust of the policy remains largely the same. DES7 – Recommended no change to this policy. H8 – Recommended a number of changes but the thrust of the policy remains the same. MX1/3 – Recommended minor changes to the policy and change to the reasoned justification requiring the Council to set out a brief vision for the area. DES1 - Recommended minor changes to the policy. DES2 - Recommended minor changes to the policy. DES3 – No changes DES5 – No changes S2B – Modifications proposed and some criteria deleted EN17a – No modifications proposed EN14 – Policy revised general thrust remains the same H8 – Modifications proposed general thrust remains the same A10 – Modify by adding a paragraph stating car parking developments will be assessed on a case by case basis and that provision of more than 1.5 spaces per dwelling is unlikely to be regarded as being sustainable A1 – Modifications proposed A2 – No modifications proposed 5 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 PLANNING APPRAISAL The main planning issues relating to this application are the principle of residential, retail and leisure development on this part existing employment site and the scale, mass and design of the development. Also of importance is the proximity and interaction with public realm, transport and highway issues, parking and also the open space requirement. Policy MX1/3 requires a mix of uses including housing, offices and retail and food and drink uses. MX1/3 also requires the necessity to have regard to regeneration of the wider area. Policy MX1/3 allocates the site as part of the Salford Quays mixed use area with a broad range of uses proposed including housing, leisure, education, retail and food and drink uses. The policy states that in determining the appropriate mix of uses on individual sites regard will be had to six criteria i) positive impact on regeneration of the wider area; ii) use of adjoining sites and the impact of the proposal on maintaining a mix and balance of uses throughout the mixed use area; iii) contribution toward activity throughout the day; iv) prominence of the location in relation to key pedestrian and other transport routes; v) the size of the site; and vi) existing and previous uses on the site. MX1 also explains where developments have high design quality or have high levels of sustainable design this may be consideration to outweigh the requirements for a mix of uses. Policy H1 requires new development to contribute to a mix of dwelling types and be of an appropriate density. E5 relates to the reuse or redevelopment of sites within employment areas for non employment uses and states permission will only be granted where the operating conditions of nearby firms would not be compromised and if one of four criteria apply a) the developer can demonstrate no current or future demand for the site; b) if there is a strong environmental case for rationalising land use or creating open space; c) the development would contribute to the implementation of an approved regeneration strategy or plan for the area; or d) the site is allocated for another use within the UDP. Policy S2B relates to retail and leisure use outside town and neighbourhood centres. The policy runs through criteria which must be met for retail development to be acceptable. The criteria includes the requirement for a quantitative need, that there are no more appropriate sites, there would be no unacceptable impact upon vitality and viability of any town or neighbourhood centre, the site is accessible, the development would not give rise to unacceptable traffic levels, the development is of a scale appropriate to the location, the development would to high standard of design and would not have a negative impact upon environmental quality. The reasoned justification for the policy explains that additional retail and leisure development will be required within Salford Quays in order to meet the needs of the growing residential and business communities and increasing numbers of visitors to the area. Policy DES5 states tall buildings will be permitted where eleven criteria are met which include i) scale appropriate to context and location; ii) location highly accessible; iii) building positively relate to and interact with adjacent public realm; iv) high quality building; v) building produce a positive impact upon skyline and not detract from important views; vi) no unacceptable 6 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 overshadowing resulting from development; vii) no unacceptable impact upon listed buildings or conservation areas; viii) no unacceptable impact on microclimate; iX) no unacceptable impact upon telecommunications; x) no unacceptable impact on aviation safety and Xi) no unacceptable impact upon other policies of the UDP. Policy DEV1 seeks, inter alia, development that respects surrounding buildings and uses and DEV2 requires good quality design. Policy DES1 also requires regard to be had to the surrounding townscape, impact upon views and vistas and the areas horizontal and vertical rhythms as well as the quality and durability of proposed materials. Principle of Development Policy ST11 requires a sequential approach to new development where the re-use of existing buildings are to be considered first with brownfield land in locations well served by a choice of public transport and are well related to housing employment, services and infrastructure. I am satisfied that this brownfield site adjacent to Metrolink, bus routes and other services is in conformity with policy ST11. The principle of residential, retail and leisure development has been established through the outline consent for the wider Dock 9 site and the recent reserved matters application on the western part of this site. The eastern part of the site was not included within the outline application and an existing employment unit is located on the site. Both parts of this application site are allocated for a mix of uses within policy MX1/3, the appropriate uses include the proposed uses of residential, retail and leisure. With regard to the six criteria of policy MX1/3 I consider that the proposed uses and scale and design of development will have a positive impact upon regeneration of the wider area. The proposed buildings are consistent with the scale and nature of recently completed and approved developments within Salford Quays. This proposal is only on a small part of the outline approval for Dock 9 and would not impinge upon the implementation of that permission. I am satisfied the proposal would not impinge upon mixed use development throughout the rest of the mixed use area. The uses proposed would increase pedestrian activity throughout the day and would improve public transport facilities through a new canopy on the Metrolink platform and the pedestrian environment. I consider the retail, creche and gym uses would help to meet the needs of the growing residential population, business community and visitors at Salford Quays. The applicant proposes a mix of dwelling sizes and I consider the intended density to be appropriate at this accessible location. Policy E5 of the deposit draft UDP relates to development within established employment areas. The policy states that ‘planning permission will only be granted for the reuse or redevelopment of sites within an established employment area for non-employment uses where development would not compromise the operating conditions of other remaining employment uses’ and if one of four criteria apply. One of the four criteria is whether the site is allocated for another use within the UDP. The reasoned justification for policy E5 explains ‘where sites and buildings remain occupied proposals for redevelopment to non-employment uses will be resisted, except where this is required by the UDP or as part of an approved regeneration strategy/plan. Whilst the Director of Environmental Services has no objections to the proposed mix of uses on the site he does recommend a noise assessment is undertaken to ensure the impacts of noise from surrounding 7 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 uses, including Metrolink and employment uses to the north of the site, are mitigated to protect future residents. I consider it essential that appropriate acoustic mitigation is installed to the development to ensure an appropriate level of residential amenity for future residents in accordance with policies DES7, EN20 and EN14. Acoustic mitigation should also ensure that the operating conditions of firms to the north of the site are not compromised by the proposed residential units. Although there is no current area based strategy for redevelopment at Salford Quays the mixed use allocation for the site sets out appropriate land uses which this proposed development conforms to. Whilst the proposed development would result in the loss of an existing employment use the proposed development provides an increased amount of commercial floorspace. As the site is allocated for a mix of uses within policy MX1/3 I am satisfied the proposal conforms with policy E5 subject to noise conditions. With regard to the proposed retail and gym use policy S2B applies. The retail units are proposed to be divided into six small units and would front onto the proposed public realm adjacent to the Metrolink stop. The applicant has stated that there is a need for the retail, creche and gym for future occupiers of the development, other nearby residential units and employees of the area. I consider the proposed subdivision of the retail, gym and creche into separate units would, along with the increasing population at the Quays, perform a local need. Subject to a condition to ensure the retail units are not amalgamated into larger units I am satisfied that the proposed retail uses will perform a local needs function which would not harm the vitality and viability of other centres. I am satisfied there would still be a genuine mix of uses within Salford Quays and that a domination of one particular land use would not result if this application is granted. I consider the proposed residential and retail uses would be in accordance with mixed use policy for the area, employment and retail policies and that the proposal would contribute to the regeneration of the mixed use area. Scale, Mass, Design & Public Realm Policy DES5 specifically refers to tall buildings and states they can contribute positively to an area given the efficient use of land but impact upon the surrounding area of the roofline, silhouette and materials needs to be carefully considered. Policies DEV1, DEV2, DES1 and DES2 further relate to the design of buildings and the requirement for development to respect its context and accessibility. The applicant has set out within his design statement the context of this site in relation to ongoing regeneration at Salford Quays. There are a number of tall buildings that have been completed close to the site, including the NV buildings. There are also sites close by that have the benefit of planning permission for taller buildings. I consider the size and scale of the four proposed towers to be complimentary to the scale of redevelopment at this part of Salford Quays. The towers have been positioned to allow a north-south view along an axis in line with the Detroit Bridge. I am also satisfied with the design, roofline and silhouette of the proposed towers which will be appropriate when viewed from all directions including long views from Langworthy Road. The proposed towers are to the north of other residential development at Salford Quays. I do not consider that there would be an impact on any surrounding residential amenity through loss of light as a result of this proposal. I also consider the separation distance of 21m between the proposed 8 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 towers to be acceptable at this location. I have proposed a condition in relation to safeguarding TV reception in the area. I am satisfied that the proposal is in conformity with policies DES5 and DES7. At ground level the proposed podiums present active frontages to newly created public realm. The retail, leisure and crčche uses and entrances to the flats would front the line of Metrolink and would significantly improve natural surveillance and pedestrian activity in the area. The proposed footpaths around the podiums, seating areas and public art would further improve the usability of the development. The proposed canopy, seating area and information system at the Harbour City Metrolink stop, which would be at grade with the eastern podium, would be a significant improvement to public transport provision and would encourage the use of Metrolink by residents, workers and visitors to the Quays. Proposed footpaths around the development connect to the existing pedestrian network and will improve pedestrian connectivity from the north through this site toward The Lowry and the Detroit Bridge. To the north facing elevations at ground level the proposal includes some active uses from the leisure use and crčche which would be appropriate in the event land to the north is redeveloped in the future. The inclusion of landscaping within the public realm will not only enhance the appearance the development but would help to mitigate the existing and resultant impacts of wind. I consider the scale and appearance of the proposal to be in accordance with the design related policies and is of an appearance that would impact favourably upon the regeneration of Salford Quays. Highway Issues, Parking and Access The submitted transport assessment concludes this development would not have a significant impact on the trunk road network or local roads and junctions. I have no objection to the proposed vehicular access from the roundabout at Michigan Avenue. I have forwarded the consultation response of GMPTE to the applicant. The applicant has advised because he is providing 100% parking and making improvements to the Metrolink stop he considers the need to provide a free one year travel pass for each residential unit to be unnecessary. The applicant is willing to provide an information pack, on public transport, for future occupiers. I have no objections to the level of traffic created and am satisfied with the conclusions of the submitted transport assessment. I consider that the 600 parking spaces for the 600 apartments (100%) and 29 spaces for the commercial development to be appropriate at this accessible location, with Metrolink running past the site, and is in accordance with maximum parking standards of the revised UDP. The development includes 32 disabled spaces (5% of total), cycle and motorcycle parking and would improve the functioning of the existing Metrolink stop. Much of the parking is situated underground which I consider to be positive given the need to conserve and introduce efficient land use. I recommend a condition to ensure that servicing and the recycling of waste from the retail, residential, crčche and leisure uses are controlled. Open Space Requirement Each apartment has a small amount of useable space on balconies and an area of incidental open space is proposed above the podiums. The proposed 600 units on this site are subject to the requirements of policies H6, H11 and H8 and also SPG7. The development includes 1,740 bedspaces. The applicant proposes to provide a commuted sum in lieu of the additional open space 9 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 on site. The commuted sum is £416,348 and would go toward children's play-space, informal open-space and/or local environmental improvements. Resource Conservation The developer proposes photovoltaic roof systems which would contribute to the energy needs of the building. I have attached conditions to require schemes for grey water recycling and recycling of waste. I consider the applicant has made reasonable endeavours to maximise resource conservation in accordance with policy EN17a. VALUE ADDED TO DEVELOPMENT I have secured the following amendments/improvements to the scheme: Public realm improvements including the canopy for the Metrolink platform; Photovoltaic roof system, to the towers and Metrolink canopy, to capture energy from the sun; Introduction of active uses to ground floor areas; Moving car parking underground from initially submitted proposal which had five floors of car parking above ground level on the north elevation; Section 106 Obligation has been negotiated for open space, children’s play space and local environmental improvements. CONCLUSION I consider the proposed mix of uses to be acceptable within this mixed use area. I consider that the scheme would produce a good quality development that would sit comfortably within the existing high density area of The Quays. I am satisfied with the impact upon the local highway network and the level of parking proposed at this accessible location. I also consider that there would not be a significant detrimental impact upon nearby commercial or residential properties. I recommend the application be approved subject to the following conditions. RECOMMENDATION: 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 and S278 of the Highways Act to secure the provision of improved local open space/play equipment, local environmental improvements. Approve Subject to the following Conditions: 1. Standard Condition A01 Five year time limit 2. No development shall be started until samples of the facing materials to be used for the walls and roofs of the development have been submitted to and approved in writing by the Local Planning Authority. 10 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 3. Before the development hereby permitted is brought into use not less than 629 car parking spaces shall be provided within the curtilage of the site to the satisfaction of the Local Planning Authority and such spaces shall be made available at all future times the premises are in use. 4. No development shall be commenced unless and until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development. 5. 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 first occupation of the development 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. 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 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for open space and recreation space purposes. 7. No development shall be commenced unless and until a site investigation report (the Report) has been submitted to and approved in writing by the Local Planning Authority. 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. 11 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 8. No development shall be commenced unless and until a scheme detailing servicing and delivery times and methods for the functioning of the retail, gym and creche units has been submitted to and approved in writing by the Local Planning Authority. Once approved such scheme shall be implemented for deliveries and servicing of the retail unit(s) hereby approved. 9. No development shall be commenced unless and until a scheme detailing the form and appearance of all public realm works has been submitted for the approval of the Local Planning Authority. No development shall commence until such scheme has been approved in writing by the Local Planning Authority. No dwelling, retail, crèche or leisure unit shall be occupied unless and until all public realm works as approved under the above scheme have been constructed and are open for public use. Once constructed the public realm works shall remain open and accessible for all members of the public. 10. No development shall be commenced unless and until a scheme detailing the disposal of foul drainage and recycling of grey water has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development. 11. No development shall be commenced unless and until a scheme detailing recycling of waste from the development has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the commercial and residential units hereby approved. 12. Prior to the commencment of development the developer shall submit a scheme for the written approval of the Local Planning Authority to detail the incorporation of photovoltaic system to the roofs of the developments hereby approved. Such photovoltaic system shall be used to provide energy for the development hereby approved. Prior to the occupation of any retail, lesiure, creche or residential unit the approved scheme shall be installed and shall therefater be retained. 13. Prior to the commencement of development the developer shall submit a report, which shall be undertaken by a body approved by the Independent Television Commission, detailing the existing level and quality of TV reception of properties at Salford Quays. Prior to first occupation of the development the developer shall submit, for the approval of the Local Planning Authority, a scheme that will detail measures to remedy any identified television signal reception problems which have been caused as a result of the development hereby approved. The scheme, which shall be verified by a body approved by the Independent Television Commission, shall identify such measures necessary to maintain at least the pre-existing level and quality of signal reception. The approved scheme shall be implemented prior to first occupation of any residential property. 14. No development shall be commenced unless and until a scheme, detailing the provision of lighting on cranes during the construction of the development hereby approved, has been submitted to and approved in writing by the Local Planning Authority. Once approved such scheme shall be implemented for the duration of the use of cranes on the site. 12 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 15. The maximum gross floor areas for each of the six retail units within the development including any internal alterations shall not exceed 250sq.m. 16. Prior to the commencement of any building works on site, the applicant shall submit for written approval an assessment of noise likely to affect the development. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding tram and road network, and any other neighbouring industrial and commercial uses. 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. 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 first occupation of any residntial unit and thereafter retained. 17. An assessment shall be submitted for written approval to the Local Planning Authority which details the levels of noise likely to be generated from the proposed commercial uses of the site (retail, creche and gym uses and traffic generation for the site). This assessment shall be used to identify and determine appropriate noise mitigation measures (such as soundproofing) and shall propose reasonable opening hours which are required to protect the amenity of adjoining and adjacent noise sensitive properties. Any noise mitigation measures identified by the assessment shall be implemented prior to the commencement of the proposed use and retained thereafter. 18. Details of the fume extraction system serving the cooking or/and food preparation areas shall be designed such that there will be no odour or noise nuisance to local premises and shall be approved in writing by the Local Planning Authority prior to the development taking place. The approved system shall be installed and shall be used at all times when the premises are used for cooking or preparing foods. The system shall be maintained and serviced in accordance with manufacturers recommendations (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R015A Safety-users of highway 4. Standard Reason R004A Amenity-area 5. Standard Reason R004A Amenity-area 13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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 R028A Public safety 8. Standard Reason R015A Safety-users of highway 9. Standard Reason R004A Amenity-area 10. In order to prevent pollution of the adjacent watercourse in accordance with policy DEV1 and EN20 of the City of Salford Unitary Development Plan. 11. In order to provide recycling facilities in accordance with policy DEV1 and EN20 of the City of Salford Unitary Development Plan. 12. In order to provide recycling facilities in accordance with policy DEV1 and EN20 of the City of Salford Unitary Development Plan and EN17a of the Salford City Council Deposit Draft UDP. 13. To provide a remedy to the identified loss of TV reception as a result of the development hereby approved and to ensure that the development at least maintains the existing level and quality of television signal reception as advised in PPG 8: Telecommunications and policies DEV1 of the Adopted UDP and DES7 of the Deposit Draft UDP. 14. Reason: To provide for the safety in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 15. To prevent the amalgamation of retail units in accordance with policy S2B of the Revised Deposit Draft Unitary Development Plan. 16. Standard Reason R024A Amenity of future residents 17. Standard Reason R024A Amenity of future residents 18. Standard Reason R024A Amenity of future residents 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. 14 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 2. The applicant's attention is drawn to the contents of the attached letter from United Utilities. 3. The applicant's attention is drawn to the contents of the attached letter from the Environment Agency. 4. This permission shall relate to the amended plans received on the 6th October 2005, plan numbers 6974/01_02/A, 6974/01_18/A, 6974/01_17/A, 6974/01_16/A, 6974/01_09/A, 6974/01_22/A, 6974/01_01/A, 6974/01_03/A, 6974/01_04/A, 6974/01_05/A, 6974/01_10/A, 6974/01_11/A, 6974/01_12/A, 6974/01_19/A, 6974/01_20/A, 6974/01_21/A, 6974/01_28, 6974/01_29, 6974/01-12 third and fourth floors, 6974/01-14 typical upper floors (same for all towers) (originally submitted as 01-12), 6974/01-34 22nd & 16th floors (higher and lower towers), 6974/01-35 23/24th & 17/18th floors (higher and lower towers), 6974/01-36 25th & 19th floors (higher and lower towers), 6974/01-37 26th & 20th floors (higher and lower towers), 6974/01-38 27th & 21st floors (higher and lower towers). 5. The developer should refer to legislation controlling the use of cranes is set out in the Air Navigation Order and Cranes and Planes 168 and British Standard Institute Code of Practice for the safe use of cranes, BS 7121:Part 1, paragraph 9.3.3. (Crane Control in the Vicinity of Aerodromes) and the Directorate of Airspace Policy at the CAA. The approved scheme shall be implemented and thereafter retained during the construction period. 6. The Environmental Services Directorate can be contacted on 0161 737 0551 for further discussions concerning the assessment of noise and subsequent mitigation measures at this site. 7. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 Saturdays 08:00 to 13:00 Construction works shall not be permitted on Sundays or Bank or Public Holidays Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 8. The developer should be made aware of the sensitivity of local residents to potential noise from construction works in this area generally. Best practice towards reducing noise emitted from the site during construction shall be employed at all times. Any unusually loud events or phases of construction should be notified to local residents and Environmental Protection (0161 737 0551) with at least 72 hours notice prior to the event occurring. 9. The lighting provided in the scheme should be erected and directed so as to avoid nuisance to residential accommodation in close proximity. Guidance can be obtained from the Institute of Lighting Engineers which relates to these matters (Guidance Notes for the Reduction of Light Pollution). I would recommend the lighting be designed to provide a standard maintained illumination (LUX) of between 5 and 20 LUX with the lower level being the preferable one. 15 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 APPLICATION No: 05/51089/FUL APPLICANT: Wilterton Ltd LOCATION: Crown Theatre Church Street Eccles PROPOSAL: Demolition of rear extension, alterations to the existing elevations, an increase in roof height by 2.4m and the erection of five storey rear extension to the rear together with the conversion of existing building to form 37 apartments and two retail units together with associated landscaping and car parking WARD: Eccles DESCRIPTION OF SITE AND PROPOSAL This application relates to the ‘L-shaped’ former Crown Theatre, Church Street, Eccles. The building is Grade II Listed and was last used as a bingo hall. It has been vacant for the last 20years and is now a building at risk of being lost. This application should be considered alongside the application for Listed Building Consent (05/51404/LBC). To the north of the site is a sign making company, beyond which are residential properties. Planning permission was approved in November 2004 for the demolition of the sign making company and the erection of a terrace of four dwellings (04/49160/FUL). To the east of the site are flats set in landscaped gardens. To the south, on the opposite side of Church Street, is an open grassed area with a public footpath running through. To the west, on the opposite side of Mather Road but fronting Church Street, is a parade of retail premises, some with flats above. Beyond this parade is the Patricroft Key Local Centre (60m away). The proposal is to convert the existing building and to erect a five-storey rear extension to provide 37 apartments together with retail space at ground floor (232m2 floorspace of which 110m2 is retail storage). There is an existing single storey rear extension that was a later addition to the building. It is proposed to demolish this extension to create 8 on-site car parking spaces, cycle and bin storage and a small area of landscaping. Three new angled windows, which would project between 1 and 1.2m from the eastern elevation and which would extend the full height of the building are also proposed. These would be set back 8m, 10.8m and 13.2m from the front elevation. In addition, a similar projecting structure is proposed to provide balconies to the living rooms of three of the residential units (at first, second and third floor levels). These balconies would again project from the eastern elevation but would be set back 1.1m from the front elevation. They would project 2.2m. All four window/balcony structures would be finished in timber cladding. 16 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The 5-storey rear extension would form part of the east facing elevation and would project 12.5m in a northerly direction (from the rear of the building) to form a small courtyard as detailed above. The extension would be approximately 8.7m wide and would be supported on stilts to allow for additional parking at ground floor level. It would be constructed from a mixture of brickwork, render and glass block and would incorporate circular feature windows in the east facing elevation. Projecting from the east facing elevation (made up of both the existing building and the proposed extension) would be a new 5-storey external staircase together with a series of 5 balconies (one for each floor). The staircase and balcony structure would collectively measure 7.8m X 2.7m and would be set back 15.2m from the front elevation. This structure would be constructed from glass block and render. Alterations to the main roof of the building are proposed which would result in an increase in its height at the rear of 2.4m. The small roof extension would be recessed from the main faēade by 0.3m and would be constructed from brickwork that would contrast with the existing elevations to highlight it as a modern addition. Due to variations in floor levels within the building, various alterations to window openings are also proposed. In addition, two new double door openings are proposed in the front elevation (south) to serve the proposed retail units. SITE HISTORY 04/48824/COU and 04/48818/LBC – No decision has been issued on these applications. The developer has stated his intention to withdraw these applications following a decision on the current applications. In March 2003, planning permission was refused for the erection of one 5 storey block of 19 two bedroom apartments together with the creation of new vehicular access (03/45454/FUL) In December 2002, a planning application was withdrawn for the erection of one five storey block of 19 apartments together with creation of new vehicular access (02/45093/FUL). CONSULTATIONS Director of Environmental Services – no objections, but recommendations made with regard to preventing noise nuisance. Greater Manchester Police Architectural Liaison Officer – Several concerns raised. recommend the proposal is constructed in line with the ‘Secured By Design’ scheme. Environment Agency – no objection. United Utilities – no objection, but recommendations made with regard to drainage. 17 They PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The Theatres Trust – Although concern is raised with regard to level of demolition and reconfiguration of architectural elements, it is accepted that more sympathetic uses are unviable because of the overall cost of repair and restoration. Therefore, they support the scheme on the basis that the external shell will be restored to make this a landmark building for the area. However, they are of the opinion that more extensive restoration of the main theatre elevation should be carried out to compensate for the extensive internal demolition. They request specifically that the following restorations/details be considered: The parapet pinnacles, relief moulding and pyramid-shaped roof; The canopy; and The details of the new entrance doors. It is also requested that a condition be attached for a record of the internal elements to be made prior to the commencement of development. English Heritage – Objection is raised to the loss of the principle staircase and clarification is requested with regard to the re-use of the cast iron columns. However, since their comments the scheme has been amended to allow retention of the principle staircase. Ancient Monuments Society – support the views of the Theatres Trust. PUBLICITY A press notice was published on 4th August 2005. A site notice was displayed on 26th July 2005. The following neighbour addresses were notified: 190-204 (even), 190A, Church Street St Marys Presbytery, Hemming Drive 1-9 (odd), 1A, 2, 2A, 4, 4B, 4C, 4D, and garage premises Mather Road Garner House, Lowry House, Harty House and Buckle House Monton Lane 2-6 (even) Plum Tree Close (off Mather Road) 47 Catherine Street 6 Byron Street REPRESENTATIONS I have received no letters of representation / objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY 18 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Policies: UR6 Existing Housing Stock and Housing Renewal SD1 The North West Metropolitan Area – Regional Poles and Surrounding Area UR4 Setting Targets for the Recycling of Land and Buildings ER3 Built Heritage ER4 Contribution of Built Heritage to Regeneration UNITARY DEVELOPMENT PLAN POLICY Site specific policies: H7/1 Housing Area Improvement and Renewal – Private Sector Other policies: EN12 Protection and Enhancement of Listed Buildings Conservation Areas H1 Meeting Housing Needs H6 & H11 Open Space Provision DEV1 Development Criteria DEV2 Good Design DEV4 Design and Crime T13 Car Parking S2 Location of New Retail Development REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: none Other policies: ST11 Location of New Development CH2 Works to Listed Buildings H1 Provision of New Housing Development H8 Open Space Provision Associated With New Housing Development DES1 Respecting Context DES7 Amenity of Users and Neighbours DES11 Design and Crime S2B Retail and Leisure Development Outside Town Centres, Neighbourhood Centres and Salford Quays A10 Provision of Car, Cycle and Motorcycle Parking in New Developments PLANNING APPRAISAL The main planning issues relating to this application are the principle of development, the impact of the development on the listed building and surrounding area, the impact of the development on the amenity of neighbouring occupiers and the amenity provisions for future occupants. Principle of Development Both H1 policies seek to meet the housing needs of all groups within Salford. Policy H7/1 promotes the improvement of housing in the area. Policy SD1 states that development should be focused within the North-West Metropolitan Area, which includes Salford. Policy UR6 seeks to improve the quality of the Region’s housing stock by ensuring sufficient supply across all tenures and values. 19 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The development would see the re-use of an existing building thus complying with criteria 1A of Policy ST11 and the guidance contained within Planning Policy Guidance Note 3 – Housing (PPG3), which seeks to prioritise conversion of buildings and the development of previously developed land over land which has not been previously developed (greenfield land). This is reiterated in Policy UR4 which states that the redevelopment and re-use of vacant sites within urban areas should be a priority. This policy sets a target for at least 90% of new dwellings in Salford to be on previously developed land. Policy S2B states that the City Council will normally require all new retail development to be located in or immediately adjacent to existing shopping centres, unless it is to meet purely local needs. It goes on to say that such developments must be of an appropriate scale and character to the areas which they serve. The policy also identifies exceptions which may justify new retail development. The first criterion refers to urban regeneration. Policy S2B sets out a number of criteria which must be satisfied prior to the granting of planning permission. The general thrust of the policy seeks to ensure that retail development outside of town and neighbourhood centres are accessible, necessary, of an appropriate scale, would not have an negative impact on the character of the area or residential amenity and would not detract from the vitality of nearby centres. This proposal would offer significant regeneration benefits for the area, and would encourage a greater mix of uses. The scale of the retail element is appropriate for the local area and would not, in my view, detract from the vitality of the neighbouring centres or neighbouring businesses. The site is in a highly accessible location well served by public transport. In terms of the necessity of the development, the ground floor retail element is appropriate in this location and would play a significant role in rescuing the listed building and making it a functional element of the local area. Policy CH2 states that a change of use from the original use of a listed building will only be permitted where it is not practical or economically feasible to continue that original use, or a new use is required to secure the long-term future of the listed building. Policy EN12 encourages new uses for Listed Buildings where it can be shown that the buildings are no longer able to support their original use. The building has been vacant for 20years and is now seen as a building at risk of being lost. It is unrealistic to expect that the building will be brought back into use as a theatre. Therefore, I am satisfied that the conversion of this listed building will secure its long-term future and am satisfied with the principle of development. Impact of the development on the Listed Building and the Amenity of the Area Policy ER3 seeks to protect, conserve and enhance the built heritage of the Region. Policy ER4 seeks to use the Regions built heritage to drive forward urban regeneration. Policy CH2 states that proposals involving the alteration or change of use of a listed building will only be permitted where they would preserve or enhance the character and features of special architectural or historic interest that contribute to the reasons for its listing. This is reiterated in Policy EN12. Policy DEV2 seeks to ensure good design for all new developments. The former Crown Theatre is a landmark building for Eccles and is in a very prominent location. At present it is falling into severe dis-repair and is in need of significant investment. This proposal 20 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 would provide the necessary investment to bring the building back into use which would in turn act as a catalyst for the regeneration of the wider area. The proposal would retain the main frontages of the building and would result in their repair and cleaning. Given the extensive demolition that is taking place and the advice of the Theatres Trust, a condition has been attached for three original features of the building which were above the front (Church Street) elevation to be re-instated. These are: The parapet pinnacles; Relief moulding; and Pyramid-shaped roof. To make the conversion of the building economically viable, a large 5-storey extension is proposed to the rear. The extension would marry with the east facing elevation and would respect the scale and massing of the parent building. The modern materials proposed for the extension, as with the other additions to the building, would distinguish them from the original Theatre and would result in notable contrasts. The alterations proposed respect the character and setting of the listed building and, in my view, would contribute to the organic history of the building in accordance with Annex C5 of Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15). Impact on the amenity of neighbouring residents and the provisions for future occupants Policies DEV1, DES1, and DES7 seek to protect the amenities of neighbouring residents in terms of privacy, sunlight/daylight and general disturbance. Council Guidance stipulates minimum separation distances from habitable room windows in order to provide future occupants and neighbouring residents with sufficient levels of amenity. There would be a distance of 17m from facing habitable room windows to the gable wall of the single storey sign making building to the north. The recently approved planning application (04/49160/FUL), if implemented, would maintain the same separation distance but would introduce a two-storey gable elevation facing part of the main rear elevation of the former Crown Theatre, which is acceptable in this context. There would be a distance of 11m to the single storey properties on the opposite side of Mather Road. I am satisfied with the separation distances that this development would maintain. The applicant has provided a sunlight / shadowing study to illustrate the impact of the proposed extension on the amenities of future occupiers of the dwellings to the north (as approved by 04/49160/FUL). The study shows that during the summer months, when people are most likely to be in their gardens, the extension has no impact. The shadow of the Theatre and extension would not reach the gardens because the solar azimuth is high. During Spring and Autumn months the shadow does reach the garden areas in the late morning and early afternoon. Without the extension, however, some overshadowing would still occur. In the early morning and late afternoon no overshadowing occurs. In the Winter months significant overshadowing occurs during the day, but this could be accredited to the existing Theatre and so the extension has only a minor influence. Given the existing impact of the Theatre and that no overshadowing would result 21 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 in the Summer months, I am satisfied that the proposed extension would not have an unacceptable impact on the amenities of the future occupants of the houses. Policies T13 and A10 seek to achieve appropriate provision of parking for new developments. Planning Policy Guidance Note 13 – Transport and Policy A10 seek to encourage the use of more sustainable forms of travel such as public transport, cycling and car sharing. Therefore, one of the measures encouraged is maximum levels of parking. The site is located on a major arterial road which is well served by public transport. It is also close to Eccles Town Centre and the Patricroft Key Local Centre. Given the advice of Government, the constraints of the site and the benefits of bringing the Listed Building back into use, I am satisfied with the level of parking proposed. However, I am concerned about the parking layout proposed and its accessibility and security. Therefore, I have attached a condition which requires a revised layout to be submitted and agreed. Policies H6 & H11 and also H8 require appropriate formal and informal open space within developments. These policies also require a contribution for open space provision which is outlined in Supplementary Planning Guidance – Provision of Open Space and Recreation Space Associated with New Residential Development. As such the applicant is required to make adequate provision for open space or contribute through a commuted sum payment to local environmental improvements. A total sum of £62,257 is levied and the applicant has been notified of this payment. Local environmental improvements could be through any combination of street works, public art, art projects and community policing or other local environmental improvements. Although the level of amenity space proposed in-curtilage is limited, the regeneration benefits which this development would bring for the area are significant. Policies DEV4 and DES11 require development to be designed to minimise the risk of crime. The decorative half-height railings proposed for the windows fronting Mather Road would, in my view, help improve the character of the listed building whilst improving security. Supplementary Planning Guidance – Designing Out Crime encourages natural surveillance for new developments (i.e. windows overlooking parking areas and courtyards in order to discourage criminal activity). The proposal would provide sufficient levels of natural surveillance for the central courtyard and parking area. However, further details of fencing and entrances is required. A condition has been attached for a crime prevention scheme to be submitted and agreed which will deal with these issues. An informative has also been attached which explains that if ‘Secured By Design’ accreditation is secured from Greater Manchester Police, then the Council will be satisfied with the security of the proposal subject to implementation. Therefore, I consider the proposal to be in accordance with Policies DEV4 and DES11. VALUE ADDED TO DEVELOPMENT The original proposal included the removal of several trees on the adjacent site to the east (the amenity land of the adjacent flats) to provide additional car parking. Following negotiation, this element was removed. Timber windows will replace the UPVc windows originally proposed and extruded aluminium rainwater pipes and gutters will replace the plastic originally proposed. This will enhance the character of the listed building. 22 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Half-height decorative railings have been incorporated into the development for several of the ground floor windows fronting Mather Road. This would contribute to the character of the listed building whilst improving the security for future residents. Reinstatement of the pyramidal tower cap, pinnacles and relief moulding. CONCLUSION The main planning issues relating to this application are the principle of development, the impact of the development on the listed building and surrounding area, the impact of the development on the amenity of neighbouring occupiers and the amenity provisions for future occupants. I am satisfied that the principle of the development is acceptable and that the proposal would enhance the character and setting of the listed building. I consider that the proposal will not have a detrimental impact on the amenity of neighbouring residents and that the amenity provisions for future occupants would be satisfactory. I therefore recommend the application for approval. 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 external elevations of the development have been submitted to and approved in writing by the Local Planning Authority. 3. The materials to be used for the windows of the development shall be timber, the style and finish of which shall be agreed in writing by the Local Planning Authority prior to the commencement of development. The materials to be used for the rainwater pipes and gutters shall be extruded aluminium. 4. The retail elements hereby permitted shall NOT be operated on Sundays and Bank Holidays and shall ONLY be operated between the hours of 8am and 6pm on all other days. 5. The windows of all habitable rooms to the elevation facing Church Street shall be acoustically dual glazed to the standards of the Noise Insulation Regulations 1975 (as amended). An alternative would be to install sealed double glazed units comprising glass of 10mm and laminated 6.4mm with a 12mm air gap. The unit shall be installed in accordance with the 23 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 manufacturer's recommendations to avoid air gaps when fitting the frames. Alternative means of ventilation, which must be sound attenuated, shall be provided to these rooms prior to first occupation and shall be maintained thereafter. The details of the ventilation shall be agreed in writing by the Local Planning Authority prior to the commencement of development. 6. 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. 7. Notwithstanding the details of the plans, a revised parking layout shall be submitted to and approved in writing y the Local Planning Authority prior to the commencement of development. The approved layout shall be hardsurfaced and marked out prior to first occupation of any of the dwellings hereby approved and shall be made available thereafter for the parking of residents and visitors cars. 8. Prior to the commencement of development, a scheme to reduce the vulnerability of the development to crime shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development hereby approved and retained thereafter unless otherwise agreed in writing by the Local Planning Authority. 9. No development shall be commenced until details for the provision of replica parapet pinnacles, relief moulding and a pyramid tower cap above the Church Street elevation of the building have been submitted to and approved in writing by the Director of Development Services. The parapet pinnacles, relief moulding and a pyramid tower cap shall be carried out in accordance with approved details prior to the first occupation of any dwelling or retail unit unless otherwise agreed in writing by the Local Planning Authority. 10. 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 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for open space and recreation space purposes. 11. Prior to the commencement of development, detailed elevations for the retail units shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented as part of the approval hereby granted consent. 24 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 12. No development shall be commenced unless and until a scheme detailing recycling of waste from the development has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the commercial and residential units hereby approved. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. 4. Standard Reason R024A Amenity of future residents 5. Standard Reason R024A Amenity of future residents 6. Standard Reason R004A Amenity-area 7. Standard Reason R012A Parking only within curtilage 8. Standard Reason R040A Secured from crime 9. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. 10. 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. 11. Standard Reason R004A Safeguard of Area 12. In order to provide recycling facilities in accordance with policy DEV1 and EN20 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. 25 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 2. Please note that the basement will be vulnerable to flooding and therefore should be pumped. 3. Please find attached a copy of the consultation response from United Utilities which raises issues that need to be considered. 4. With regards to condition 8 and crime reduction measures, it is advised that the developer contacts the Greater Manchester Police Architectural Liaison Unit to discuss the Secured By Design accreditation scheme. It is advised that the principles of Secured by Design form the basis for the scheme which is to be submitted to the LPA. Any development which secures accreditation under the Secured by Design scheme shall be considered to have satisfied the requirements of this condition. 5. Please find attached a copy of the consultation response from Greater Manchester Police which raises issues that need to be considered with regard to crime prevention. These issues should be dealt with as part of condition 8. 6. With regard to the replica tower cap, pinnacles and relief moulding, please contact Mark Price from the Theatres Trust [(020) 7836 8519] for further advice before the scheme is submitted to the City Council. 7. This approval relates to the amended plans that were received on 1st December 2005. APPLICATION No: 05/51200/HH APPLICANT: Mr Lazer Reich LOCATION: 2 Legh Road Salford M7 4RT PROPOSAL: Erection of front porch, two storey side extension, single storey rear extension and construction of dormer extension in roof space WARD: Kersal DESCRIPTION OF SITE AND PROPOSAL The property is located on the corner of Legh Road and Brantwood Road and has significant windowed elevations facing onto both roads. The rear elevation is also prominent when viewed northwards along Legh Road. The 2 storey side extension (which actually fronts onto Legh Road) extends 4.4 metres towards the boundary with Legh Road, the distance to the boundary with Legh Road being reduced to 1.75 metres. In addition there is an angled square bay window at ground floor which would come within 0.65 metre of the same boundary. The existing property has a hipped roof but it is now proposed to create a gabled elevation to the roof which is designed to 26 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 facilitate the incorporation of a rear dormer across the rear elevation of the new roof. The front porch would be a relatively large flat roofed structure (projecting 1.9 metres and 4 metres wide). The single storey rear extension projects 2.4 metres along the boundary with the adjoining semi and 4.9m on the other side parallel to and within 1.75 meters of Legh Road. SITE HISTORY 04/49078/HH- Erection of new front porch, part two storey part single storey side extension and single storey rear extension – Refused 21.10.2004 due to being within 2m of side boundary. 04/49562/HH - Erection of new front porch, part two storey/part single storey side extension and single storey rear extension (Resubmission of planning application 04/49078/HH)- Approved 24.12.2004 PUBLICITY The following neighbour addresses were notified: 16 to 20 New Hall Road 2 Brantwood Road 1 Brantwood Road REPRESENTATIONS I have received one letter of representation and one letter of objection has been received in response to the planning application publicity. The issues raised are:Loss of light The letter supports the application REGIONAL SPATIAL STRATEGY None 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 INSPECTOR’S REPORT 27 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 DES7 – no modifications PLANNING APPRAISAL The main planning issues related to this application are the cumulative impact of the two storey side, single storey extension, front porch and impact of the dormer on the street scene and the character of the original dwelling house. Policy DEV8 of the Adopted UDP and Policy DES7 of the Revised Deposit Draft Replacement Plan state that development will not be permitted where it would have an adverse impact upon the occupiers or users of other developments in the vicinity or an unacceptable impact on the character and appearance of the street scene. Policies DES8 of the Revised Deposit Draft Replacement Plan reiterate the sentiments of DEV8. The Council’s Supplementary Planning Guidance (SPG) was adopted in December 2002 after public consultation. It provides additional guidance on the factors to be considered and standards maintained when determining householder applications. SPG policy HH14 requires that a minimum 2m separation distance is maintained between the proposed gable wall of a side extension and the boundary with the pavement. This is to preserve the building line of the street scene and prevent an extension dominating the street scene. The proposed two storey side extension would project out from the side of the existing gable elevation by 4.4m. This would result in a two storey gable elevation being only 0.65m from the boundary with Legh Road. There is a well-detailed building line on Legh Road and the property is located on a prominent corner site at the crest of the road. As such the proposed two storey side extension combined with a gable end roof would have a significant detrimental impact on the street scene that would be out of character with the other properties in Legh Road . The single storey rear extension projects 2.4 metres along the boundary with the adjoining semi and 4.9m on the other side parallel to and within 1.75 meters of Legh Road. The combination of the two extensions is considered contrary to HH14 and HH8. This is considered contrary to Adopted UDP Policy DEV8 and Revised UDP Policy DES7. Policy HH15 of the Council’s Supplementary Planning Guidance on House Extensions states that dormers are not normally acceptable where they face an adopted highway used by vehicular traffic and are not an original feature of the street scene unless they are designed in such a way that their impact can be significantly reduced. It goes on to provide specific guidance on how dormers can be designed in order to minimise their impact upon the street scene advocating dormers which have pitched or hipped roofs and are sited below the ridge line and set well back and in from the eaves. The proposed dormer has a “boxy” design and it is very large extending across the entire roof from the ridge to the eaves. The absence of boxy design on the original house and the conversion of the roof to create a gable end also accentuate the bulkiness of the dormer. The proposed dormer would therefore form a very obvious and incongruous feature within the roofspace, which would, as a result of the position of the rear of 2 Legh Road be clearly visible to those travelling through Legh Road. This high visibility and poor design means that the proposed dormer would have an adverse 28 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 impact upon the street scene and the character and appearance of the original dwellinghouse. The development is therefore contrary to policy DEV8 of the City of Salford Unitary Development Plan, policies DES7 and DES8 of the Revised Deposit Draft Replacement Plan and policies HH8 and HH15 of the Council’s Supplementary Planning Guidance on House Extensions The are some inconsistencies and omissions from the plans:- No side elevations of the proposed porch and no side elevations for the steps and “decking” to the rear and no plans illustrating the extent of the “decking” or balcony to the rear have been received. This proposal could set a precedent for further similar extensions within the surrounding area as there are many properties on corner plots which have scope for similar proposals. Cumulatively this leads to erosion of the character of the area and has a detrimental impact upon the character and appearance of the original dwellinghouse. CONCLUSION Overall, the siting of the house is such that the proposed development would be highly visible to those travelling along Legh Street. The boxy design of the dormer in combination with the gabling up of the roof means that the proposed dormer forms an incongruous feature within the roofscape which would have a negative effect on the street scene. It is therefore contrary to policy DEV8 of the City of Salford Unitary Development Plan, policies DES8 of the Revised Deposit Draft Replacement Plan and policy HH15 of the Council’s Supplementary Planning Guidance on House Extensions. The size and siting of the two storey side extension and the single storey rear extension results in a dominant and strident feature obtrusive feature in the street scene that also has a detrimental impact upon the character and appearance of the original dwellinghouse. I am of the opinion that the proposal does not comply with the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs and the House Extension Supplementary Planning Guidance and therefore recommend it for refusal. RECOMMENDATION: Refuse For the following Reasons: 1. The proposed 2 storey side extension would by reason of its size position and design be detrimental to the character and appearance of the existing dwelling house and would be an obtrusive feature in the street scene contrary to policies HH8 and HH14 of the City of Salford Supplementary Planning Guidance and DEV8 of the Adopted UDP and DES8 of the Revised Deposit Draft Replacement UDP 2. The proposed dormer extension would by reason of its size position and design be detrimental to the character and appearance of the existing dwelling house and would be an obtrusive feature in the street scene contrary to policies HH8 and HH15 of the City of Salford 29 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Supplementary Planning Guidance and DEV8 of the Adopted UDP and DES8 of the Revised Deposit Draft Replacement UDP 3. The proposed porch would by reason of its size position and design be detrimental to the character and appearance of the existing dwelling house and would be an obtrusive feature in the street scene contrary to policy HH8 of the City of Salford Supplementary Planning Guidance and DEV8 of the Adopted UDP and DES8 of the Revised Deposit Draft Replacement UDP 4. The proposed single storey rear extension would by reason of its size position and design be detrimental to the character and appearance of the existing dwelling house and would be an obtrusive feature in the street scene contrary to policies HH8 and HH14 of the City of Salford Supplementary Planning Guidance and DEV8 of the Adopted UDP and DES8 of the Revised Deposit Draft Replacement UDP 5. The submitted plans have omitted important elevations and layout details in respect of the decking/balcony. 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 BACKGROUND At the meeting of the Panel held on 17th of November 2005 consideration of this application was deferred in order that – To give further consideration to the architectural merit of the building and the potential for listing The applicant could make amendments to the scheme that would address concerns relating to scale and massing, design and impact on neighbouring residents at 50 Park Road. 30 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 1. Architectural merit The building is not on the Council’s Local List. However at the request of Councillor Ainsworth the Council’s conservation officer has inspected the building. He does not feel that the building is worthy of listing for two reasons. Firstly the building does not possess any features of architectural merit as the architectural style of the building is mundane and the original windows have been replaced and secondly the building does not have any historic significance as it was not designed by a notable architect and no noteworthy people have occupied it in the past. 2. Amendments to the scheme – The architect has made numerous changes to the original scheme that reduces the scale and mass of the proposed building when viewed in the street. These include – 1. Amending the footprint of the building so that the front elevation is staggered in order to give the impression that the building is made up of 2 distinct portions, a main block and a subordinate block which is set back 0.6m from the main frontage. 2. Altering the roof structure by splitting the roof into two sections, one for each “block”. The pitch of both sections of roof is shallower and as a result the mass of roof has been reduced as has the overall height of the building has gone from 10.8m to 10m. 3. Altering the design of the building by introducing a front entrance and a vertical rather than a horizontal emphasis The amended scheme also reduces the impact the development would have on the occupants of 50 Park Road. This has been achieved by Altering the footprint of the proposed apartments and position of the proposed apartments in relation to the common boundary to ensure greater separation. Previously the apartments were set 1m in from the common boundary, this has been increased to 2m at the front increasing to 2.8m at the rear where footprint of the apartments has been altered to step away from the boundary. Altering the design of the apartments so the accommodation to the rear at second floor level is provided partly in the roof space. This has allowed the ridge height of the roof to be reduced from 10.8m to 10m and the pitch of the roof to be reduced. Together these revisions have served to dramatically reduce the amount of roof and in doing so the massing of the proposed building when viewed from 50 Park Road. Also the roof would have a shallow hipped end (gable originally) so shortening the overall roofscape and the ridge. The architect has also increased the level of amenity space provided by 84% by increasing the communal area and providing “gardens” to 3 of the proposed flats. The location of bin and cycle stores has also been clearly shown on the plans. As I had previously I have placed a condition on the permission that requires full details to be submitted prior to the commencement of development. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 31 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The original report is detailed below. The section immediately below are comments made by Councillor Ainsworth following the publication of the agenda and my response. Councillor Ainsworth 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”. 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 – 32 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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 Response to Cllr Ainsworth’s 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 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 33 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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. ORIGINAL PANEL REPORT 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. 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 34 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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. 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 35 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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. 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. 36 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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. 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. 37 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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 surrounding area. This should ensure that the proposed building makes a positive contribution to the character of the area. 38 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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 39 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 protection measures to ensure that its health is not unnecessarily adversely affected by the proposed development. 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 40 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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. 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 available for use prior to the first occupation of the apartments. Such provision shall be retained and kept available 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 41 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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 1. The permission shall relate to the amended plan received on the 30th of November 2005. 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: 05/51323/HH APPLICANT: Lowry Developments LOCATION: Lowry House 1 Bank Place Salford M3 6BS PROPOSAL: Erection of single storey rear extension with roof terrace (re-submission of planning application 04/49814/HH) WARD: Irwell Riverside At a meeting of the Panel held on 1st December 2005 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. 42 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 My previous observations are as follows: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ADDITIONAL OBSERVATIONS Background At the Panel meeting of 6th October 2005, consideration of this application was deferred for the provision of further information regarding the wider implications that the proposed extension has on car parking provision for the Old Court House; the alleged legal easement that allows the residents of the Old Court House to access a second car park; and the impact on the setting of the listed building. Parking In relation to the car parking provision for the Old Court House, I have examined the planning history for the Old Court House. On 9th June 1997, a planning application (97/36742/COU) and Listed Building Consent application (97/36744/LBC) were submitted for the conversion of the Old Court House into 16 dwellings. The proposal included the demolition of 25 Bank Place (now the applicant property) in order to provide six car parking spaces and a vehicle access to the site from Bank Place. A Conservation Area Consent application (97/37771/CON) was also submitted on 16th June 1997 for the demolition of 25 Bank Place. It would appear that during the consideration of the application at the Planning Committee on 31st July 1997, concerns were expressed regarding the proposed demolition of 25 Bank Place. The applicants advised that that they would defer the demolition of 25 Bank Place for a period of time in order to examine the possibility of purchasing part of the adjacent land to provide 16 parking spaces for the Old Court House conversion. Conservation Area Consent (97/37771/CON) was granted on 17 September 1997 for demolition of 25 Bank place with a condition being imposed which prevented the demolition taken place for a period of six months and for the applicants to proceed to purchase the adjacent land to provide 16 parking spaces for the Old Court House. Planning permission (97/36742/COU) and Listed Building consent (97/36744/LBC) was approved on the same day for the conversion of the Old Court House under the condition which none of the dwellings be occupied until provision for off-street parking has been completed and made available for the use . On 18 August 1998, Conservation Area Consent was submitted and approved for the demolition of a single storey factory unit adjacent to the Old Court house to facilitate the development of the Salford Royal Hospital and to provide 16 ancillary car parking for the Old Court House (98/38247/CON), with vehicle access from the Upper Cleminson Street. 43 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 At present, the parking spaces for the Old Court House are provided at the former factory site. There are currently more than 16 parking spaces on the site as the approved vehicle access from the Upper Cleminson Street has been blocked up to provide additional spaces and the plot of land between the 1 Bank Place and the Old Court House has also been used for parking. The vehicle access is currently gained from the Bank Place. I am of the opinion that the proposed development would only lead to the loss of one parking space. This is because the application site is currently serving as the main vehicle access to the car park at the Old Court House. The application site would not be wide enough for parking more than one car whilst at the same time providing vehicle access. Although the extension would lead to the loss of one off-street parking space, there is on-street car parking available on Encombe Place and the Cleminson Street, Furthermore, the site is located in close proximity to Chapel Street, which is a main route through the city and which has a number of bus services available. The proposed extension would mean the access to the rear car park would be obstructed. However alternative vehicular access into the site can be achieved from its original access from Upper Cleminson Street which has been blocked-up. I do not foresee any unacceptable detrimental impact on highway safety if this entrance is reinstated. Right of Way Regarding to the right of passage across the site, the Council’s solicitor has considered the evidence submitted by the agent for the Old Court House and the applicant. He is of an opinion that under normal circumstances the Local Planning Authority should not become embroiled in issues of property rights. However if such rights involve the use of land then that can be a material planning consideration. The grant of planning permission does not convey a warranty that the developer has a legal right to carry out the development. The onus is on the developer to procure any necessary consents from interested third parties. I have concluded above that, having regard to the planning history for the Old Court House and in particular the approved parking provision, approval of this application would not have an unduly material effect on the availability of the parking for residents of the Old Court House. Impact on the setting of the listed building In relation to the impact on the setting of the listed building, Policies EN12 state that the Council will not normally permit any development which would detract from the architectural and historic character to the setting of a Listed Building, something that is reiterated in Policy CH4. The proposed extension is set at the rear of the Old Court House and 1 Bank Place, therefore it would not be observable from the street scene. The scale and the quality of the proposed extension would also harmonized with the surrounding development, This view has been agreed by the Conservation Officer. Thus I do not foresee the proposed extension would have an adverse impact upon the setting of the Old Court House. 44 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 I have received two further objections in response to the planning application publicity. The issues such as loss of car parking space, excessive size of extension, right of way, loss of natural light, out of character and problems with future maintenance has been already identified in the previous report and the additional observation. In relation to the problem for manoeuvre, I do not foresee that the extension would affect the manoeuvrability as the proposed extension would not projected any closer to the existing parking spaces. I therefore consider the application is acceptable and that planning permission should be granted. My previous observations are as follows: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DESCRIPTION OF SITE AND PROPOSAL This application relates to the erection of a single storey rear extension at The Lowry House, 1 Bank Place, Salford. The proposal is located within Adelphi/Bexley Square Conservation Area and the site is located within Chapel Street regeneration area. There is a three-storey Grade II listed residential apartment (Old Court House) and a car park situated at the east and west hand side of the site respectively. The site itself is currently using as a car parking spaces for the applicant and the residents at the Old Court House. The proposed single storey extension will project total 3.1 m in height (plus a 1.8m in height railing set back 2.1m at the roof) and 9m to the rear of the property. A 4m x3.5m courtyard have been introduce between the existing and the proposing extension, the proposal also include a 2.2m high mesh screening to the courtyard and a high level obscure glazing window position 2m above the floor at the right hand side elevation. SITE HISTORY There are three relevant planning histories relating to the application site. On the 16th June 1997, Conservation Area Consent has been approved for demolition of the property at 25 Bank Place (Reference 97/36771/CON). On the 20th December 2001, planning permission has been approved for the erection of railings and pedestrian and vehicular gates to front elevation (Reference 01/43488/FUL). On the 11th of February 2005, planning permission has been refused for the erection of two-storey rear extension. It is because the two storey rear extension would by reason of its size and sitting result in an over-bearing and dominant structure on the neighbouring residents living at the Old Court House and is contrary to Policy DEV8 of the adopted City of Salford Unitary Development Plan, Policy DES7 of the First Deposit Draft Replacement City of Salford Unitary Development 45 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Plan, and HH3 of Supplementary Planning Guidance - House Extensions (Reference 04/49814/HH). PUBLICITY A press notice was published on the 7th September 2005. A conservation area site notice was displayed on 30th September 2005 The following neighbour addresses were notified: 1 Encombe Place, Salford Flat 3,5,7,9,11,15,17,19,21,23,25,27,29,31,33,35 Old Court House Solicitors, 123 Deansgate The Studio, 3 St Georges Close REPRESENTATIONS I have received ten letters of representation /objection in response to the planning application publicity. The following issues have been raised: Loss of car parking space Excessive size of extension Right of way over the land Loss of natural light Out of character with conservation area Problems with future maintenance of Old Court House UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: EN11 - Protection and Enhancement of Conservation Areas EN13 - Works to Listed Buildings and Buildings Within Conservation Areas DEV2- Good Design DEV8 - House Extensions REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None. Other policies: CH5 - Works Within Conservation Areas DES7 - Amenity of Users and Neighbours DES8- Alterations and Extensions PLANNING APPRAISAL 46 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The main planning issue relating to this application are the acceptability of the design of the extension proposed, the impact the proposed extension may have on the architectural and historic character of the Adelphi/Bexley Square Conservation Area and the residential privacy and amenity currently enjoyed by neighbouring residents. Policies EN13, EN11 and DEV2 states that the Council will not normally permit any development which would detract from the architectural and historic character of a building within conservation area, something that is reiterated in Policy CH5. In order to do this, the Council will seek to ensure that extensions are in keeping with the character of the building. The proposed extension has been designed to respect the character of in terms of its size, location and proposed materials. Consequently it would preserve the character and appearance of Adelphi/Bexley Square Conservation Area. The proposal has been also assessed by the Conservation Officer, who has approved the design and the appearance does not envisage any detrimental impact on the character of the conservation area. 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 location and positioning of the proposed extension is such that a distance of 9m between the habitable room windows of the proposed extension and the habitable room windows of properties opposite. In normal circumstances a minimum distance of 21m would be required between facing habitable room windows. However, in this circumstance the proposed window would be positioned 2m above the floor, which is well above head height level and it proposed to be obscure glazed. It is therefore the right hand side elevation of the single storey extension could be consider treated as a blank gable wall. Hence, it complies with the separation distance, as a minimum distance of 9m would be required between facing habitable room windows and a blank gable wall for single storey extension. In this instance I consider this separation distance sufficient to negate any serious impact on the amenity of the residents in these flats in terms of outlook and visual amenity. The proposal will also involve the erection of a 1.8m high mesh screening at the roof of the extension. I envisage that it would not result an overlooking or overshadowing impact to the neighbouring residents at the Old Court House. It is because the 1.8m height fence would provide an overhead screening which avoid direct overlooking and provide privacy to the neighbourhoods and the 2.1m set back from the ground floor extension would provide a reasonable 11m distance between the proposed extension and the Old Court House, it vitally negate the affect of loss of natural lighting and ventilation for the residents in the Old Court House. I therefore consider this new extension sufficient to negate any overbearing impact on the amenity of the residents in the Old Court House in terms of natural lighting and visual amenity. Several objections have been received relating to legal easement of right of way and car parking, the applicant has submitted a Certificate A so the proposal is being built solely on the ground owned by the applicant as such I do not consider the access the car parking a material consideration in the determination of this application. 47 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 I also do not consider the objection point on post development maintenance of the Old Court House a material planning consideration. VALUE ADDED TO DEVELOPMENT Three amended plans were received in response to recommendations made by the Planning Officer, which secured improvements to the original submission to ensure that the proposed extension would emulate the distinct character of the surrounding properties and area in accordance with policies DEV7, DES7 and DES 8. CONCLUSION Overall, the proposed development complies with the relevant policies of the adopted Unitary Development Plan and the Revised Deposit Draft Replacement Plan. It would not therefore detract from the character or setting of the building to which it would be attached nor would it have an adverse impact upon the character of the Roe Adelphi/Bexley Square Conservation Area. It would make effective use of the site and protected the privacy and amenity of the neighbourhoods. 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. 3. Prior to first occupation the glazing for the element of the extension facing the Old Court House shall be obscured, and shall be maintained thereafter to the satisfaction of the Local Planning Authority. 4. No development shall be commenced unless and until full details of the wooden louvred screening have been submitted to and app4oved in writing by the Local Planning Authority. The screening shall be erected in accordance with the approved details prior to first use of the roof area and retained as such thereafter. 5. The use of the flat roof area of the extension hereby permitted shall be limited at all times to that area enclosed by the wooden louvred screening. (Reasons) 48 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 1. Standard Reason R000 Section 91 2. Standard Reason R007A Development-existing building 3. Standard Reason R005A Amenity-neighbours 4. Standard Reason R005A Amenity-neighbours 5. Standard Reason R005A Amenity-neighbours APPLICATION No: 05/51317/OUT APPLICANT: Urban Splash LOCATION: Land To The East And North Of Springfield Lane Adjacent To The River Irwell Salford PROPOSAL: Outline application for the erection of 469 flats, a 171 bed hotel and 3407 sq.m of retail/commercial space (Option 3) WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL The site comprises 2.6 hectares and is currently vacant having been previously used primarily for industry and storage uses. The site has been vacant and awaiting redevelopment for some ten years. The land lies within the Greengate North area of Central Salford to the north of Trinity Way and bounding onto the River Irwell as far as Bridgewater Street. The site includes the King William VI public house and former industrial land on both sides of Springfield Lane. The main interest in the land lies with the Council although there are two other owning interests. The application is a red line outline application with all matters reserved. The applicant has however submitted illustrative information to demonstrate that the development described can be accommodated on the site, together with a supporting planning statement. The developer is considering 3 options for the development of this site and has submitted 3 separate outline applications for each of the options. Each application proposes a different mix and amount of development but in general terms the development in all 3 options can be described as a high density, residential led, mixed development in six 9/10 storey building blocks. The illustrative material has been developed from the original design competition on this site. 49 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The scheme would allow for the building of a footbridge across to development in Manchester City Centre but this is subject to funding and commercial appraisal and is not at this stage a commitment. It has been established however that there is a commitment to providing a new riverside walkway along the Irwell. The Traffic Engineering Report submitted with the application establishes that access to the application site and the development proposed, can be provided via Springfield Lane. The report goes on to say that the impact on the junction at Springfield lane and Trinity Way is not significant and would not require any material changes to the junction or its signalling. The applicant has indicated that car parking could be provided at below ground level across the whole site and it has been demonstrated that 814 parking spaces can be provided. This application concerns Option 3. This represents the scheme with the least residential content with 469 flats and unlike the others a large hotel. Each scheme includes retail/commercial uses and in this case the floorspace amounts to 3407 sq m. SITE HISTORY 02/44925/DEEM3 – Outline consent for 90 houses and offices (land between Springfield Lane and the River Irwell). Approved 12.12.2002. 02/44926/DEEM3 – Outline consent for 60 houses and offices (land between Springfield Lane and the River Irwell). Approved 01.02.2001. 03/46053/OUT – Outline for residential (small site at Reservoir Street and Dean Road). Approved 06/08/2003. 03/46054/OUT – Outline for residential (site if King William VI PH). Approved 06/08/2003. 04/48283/FULL – Change of use to temporary car park. Approved 16/07/2004. 04/49526/OUT - Outline for 178 apartments and 515sq m. offices. (Land opposite the application site to west of Springfield Lane) Approved 06/01/2005. CONSULTATIONS Director of Environmental Services - The site is adjacent to an extremely busy inner ring road serving Manchester and Salford. The proximity of this road will create certain issues for any future occupiers of the site. Primarily this relates to noise and also Air Quality resulting from both the size and scale of the development as well as the surrounding site uses. 50 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The Air Quality aspect will require that an assessment is made to determine the impact of such a development on the surrounding area, recommending any necessary mitigation measures or other controls which can attempt to reduce the exposure and impact of the site. A condition will be recommended which details more specific matters relating to this aspect of the development. Noise from surrounding site uses will also have to be considered carefully. There are a number of commercial/retail type outlets on the opposite side of the river at this point. There is a possibility that noise or other potential nuisances will exist and become apparent to the site on first occupation. Assessments will have to include such surrounding uses and necessary mitigation measures for all acoustic matters will have to be developed. Ventilation will also figure highly in this equation, if mitigation measures are provided to protect against noise ingress, opening windows will therefore enhance the effects of any noise problems to future occupiers. It may be necessary to incorporate alternative ventilation to prevent the necessity of opening windows in a potentially noisy area. A full acoustic assessment will be necessary for the site to identify any areas which require mitigation measures and to further specify the necessary measures to protect the amenity of the future site occupiers. The site is also brownfield, former buildings on the site and various previous uses including the uprating of the site due to the proximity of the River Irwell will demand that a full assessment into contaminated land and possible landfill gas will be required. The combination of Flats and Retail/Commercial/hotel uses on one site may also create possible conflicts between the future site users. Special attention will have to be paid to the internal layout of the buildings to ensure that compatible uses are located together, separation distances and careful arrangement of rooms between individual uses will have to be considered. This will need to be considered as part of any acoustic assessment as well as part of other matters detailed below. The commercial and retail uses will have to be mindful of any emissions produced, as there is a hotel aspect to this development, there is likely to be a degree of commercial catering involved. This and any other A3, 4 or 5 uses incorporated into the design will have to be considered and necessary mitigation measures included in any full planning submissions. Noise from such uses will also require assessment to ensure that the amenity of future occupiers of the site is adequately against any such deterioration by nature of the mixed use site. It is likely that some form of odour abatement plants to be installed. Due to the height of the building, it is likely that any such plants will have to be abatement/neutralisation plants as opposed to a simple dispersion stack which clears the height of the building. Greater Manchester Police Architectural Liaison Unit – No comments received. Manchester and High Peak Area Footpaths Society – No comments received. Greater Manchester Pedestrians association – No comments received Ramblers Association – No comments received. 51 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Open Spaces Society – No comments received Manchester City Council – No comments received. Environment Agency –The applicant has submitted a Flood Risk Assessment and subject to appropriate conditions there are no objections in principle. United Utilities – No objections in principle subject to details and appropriate conditions. GMPTE – Recommends that the applicant makes a contribution to improvements in the pedestrian environment and that a Travel plan be requested. Central Salford Urban Regeneration Company – No objections in principle but has some concerns in respect of: 6. Need to ensure that quality is compromised by possible over development. 7. The riverside walkway should be a requirement of permission. PUBLICITY A press notice was published 20th October 2005 A site notice was displayed on 13th October 2005 The following neighbour addresses were notified: 1 – 11 (o), 17, 2-16(e), 18-28 (e) Georgette Drive. Greengate Community Centre, Units 5-11 Irwell House 2-5, 11-16, 21-26, 31-36, 41-46, 51-56, 61-66, 71-76, 81-86, 91-96, 102-106, 111-116, 121-126, 131-136, 141-146, Grey Friar Court Trident Manufacturing, 89,93, Greengate Street 5, 6, Irwell House, K and T Coatings, Mobility Components, Wilson Hudson, East Phillip Street David Bentley, Dunlop Greengate Polymers, Greengate 125 Greengate West 17, The Eagle Inn Collier Street 1-4, 11-16, 21-26, 31-36, 41-46, 51-56, 61-66, 71-76, 81-86, 91-96, 101-106, 111-116, 121-126, 131-136, 141-146, 151-156 Newbank Tower 1-12 Twillbrook Drive 1-17 Poplin Drive 1-32 Evans Street 10- 66(e) Bridgewater Street 15-23(o) Anaconda Drive Units 2,3,11,12 Springfield Business Centre 52 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Renault Manchester, Trinity Way REPRESENTATIONS I have received three letters of representation / objection in response to the planning application publicity to date. One writer from Evans Street welcomes development but suggests the number of flats is rather high. In detail the following points are made: Pedestrian facility required at the traffic lights at Springfield lane/Trinity Way Insufficient car parking Loss of scrub land may affect run off into the river Tree planting needed Continued traffic management to prevent Springfield Road being used as a short cut. The second writer, also from Evans Street, makes the following points: Replacement landscaping should be of native species to support local wildlife. The area is used as a common area and that the proposal to make all the land private with no community access is unacceptable. 10 storey buildings are too high and would overlook existing properties. Such “high rise” development will set a precedent for other landowners with residential aspirations. The traffic assessment is considered too optimistic, highway improvements will be required and parking is inadequate. The third writer is an architect in practice in Salford considers that the site offers a great opportunity to bring people to the River Irwell and to improve access along the waterfront. In detail the following points are made: Loss of trees. The development is too high. The scheme is poorly designed in outline. REGIONAL SPATIAL STRATEGY Policy SD1 seeks to focus development and urban renaissance resources, particularly in the regional pole of Manchester and Salford. The site is located within the area identified as a regional priority. Policies DP1 and UR4 encourages the re-use of land and buildings. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC13/9 – Sites suitable for industrial and warehousing development. EN15 – Environmental Improvement Corridor Other policies: 53 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 CS2 – Central Salford Greengate North Spatial Framework – Central Salford will be the major focus for regeneration and investment. EC3- Re-use of sites and premises. H10 - Affordable Housing REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY ST2 – Housing Supply ST3 - Employment Supply ST7 - Mixed Use development ST11 – Location of new Development ST12 – Development Density A1- Transport Assessments and Travel Plans H1 - Provision of New Housing Development H4 – Affordable Housing DES1 – Respecting Context DES6 – Waterside Development DEV5 – Planning Conditions and Obligations E5 – Development within established Employment Areas. THE INSPECTORS REPORT ST2 – recommends a number of amendments but the thrust of the policy remains the same. ST3 – recommends minor amendments only. ST7 – no modifications ST11 – recommends a number of amendments but the thrust of the policy remains the same. ST12 – no modifications A1 – recommends minor amendments only. H1 – recommends a number of amendments but the thrust of the policy remains the same. H4 – recommends a number of amendments but the thrust of the policy remains the same. DES1 – recommends minor amendments only. DES6 – recommends a number of amendments but the thrust of the policy remains the same. DEV5 – recommends minor amendments only E5 – recommends minor amendments only. PLANNING APPRAISAL The location of this application site and its development for a mixed use scheme is entirely consistent with the urban renaissance of our cities. The re-use of sites in our inner cities is essential to not only achieving sustainable development but also to bring back confidence and improve the environment (physically, economically and socially) for local communities. As an outline application with all matters reserved the issues to be addressed relate to: Compliance with policy guidance. 54 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The principle of the land uses proposed. The scale and density of development proposed. This report and recommendation does not concern itself with design issues or other matters, which are reserved. Compliance with policy guidance. The development of the application site is entirely consistent with established strategic and spatial policies at both regional and local level, having regard to the both the uses proposed and the site location. In particular policy CS2 promotes the renewal of the area through a number of measures that include “the redevelopment of vacant land between Trinity Way and the River Irwell for a mixture of new housing, industry and non-retail commercial uses” and “the improvement of pedestrian links to and along the River Irwell frontage”. The existing industrial buildings are not worthy of retention and represent outmoded forms of industrial buildings which are no longer in demand or economically viable. Whilst not retaining the existing industrial buildings in the area the application is generally consistent with Policy CS2. Policy EC13/9 of the Unitary Development Plan allocates part of the site for industrial and warehousing development and this allocation was based on the adjoining land uses and the fact that the site is in an area of high unemployment. However the relocation of Cromtech Engineering has enabled the creation of a larger site (the planning application site) which now adjoins residential areas and allows for a range of other uses to be considered. The inclusion within the application of retail/commercial uses will allow for jobs to be created thus addressing employment issues whilst allowing a form of development which is sympathetic to the neighbouring residential properties. It is therefore considered that the proposals do not conflict with policy EC13/9, although the emphasis has changed. This change of emphasis is supported by Regional strategies and policy CS2 of the Unitary Development Plan. The indicative arrangements in the scheme demonstrates compliance with policy DES6 by providing significant public realm spaces and access in association with the River Irwell. The applicant has stated that the site lies in an area with public and Registered Social Landlords and that the introduction of private sector housing is needed to broaden the mix and range of dwellings. On this basis it is argued that there is no requirement for affordable housing under policies H10 and H4. Until such time that the Council have adopted a Supplementary Planning Document the issue of affordable housing is a matter of negotiation rather than a policy based requirement. The applicant is in discussion about this matter with both the Council and a Registered Social Landlord. The Council has a current policy of securing contributions to support the Chapel Street Regeneration Strategy. The applicant has made no reference to the making of a financial contribution in accordance with the policy in the supporting statement. This is considered to be a 55 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 serious omission and it is proposed that a condition be imposed requiring compliance with the current policy. Other detailed policies in respect of design and layout will be considered at reserved matters stage. The principle of the land uses proposed: The Planning history indicates that over the past 3 years what was primarily an employment area has become accepted as a suitable location for housing opportunities. The older industrial uses were closely adjoined by residential uses and their redevelopment, at least in part, for residential purposes is considered to be appropriate and consistent with improving the environment for existing communities. The site lies within the Manchester and Salford Pathfinder and the residential component to this scheme will help to create sustainable communities. The residential elements of the proposal are therefore considered appropriate, particularly in the context of a mixed use scheme. The applicant refers to a mix of 1, 2 and 3 bedroomed accommodation, some with large gardens. Such a mix is to be welcomed but the precise form of development will only be resolved at the detailed stage of the planning process. The policies in the Plans concerning employment land and premises have also been developed in the Draft Replacement Unitary Development Plan to reflect a more realistic approach to both the re-use of old dilapidated industrial uses and the creation of new and relevant working environments. The application includes 3407 sq m. of retail/commercial floorspace and a 171 bed roomed hotel which will provide for modern employment opportunities consistent with employment policies of the Unitary Development Plan. This option provides a reasonable “mix” of land uses the site can also be considered in the context of the Regional Centre where there is an established and developing mix of land uses. The site immediately adjoins the Regional Centre (the boundary lies along Trinity Way) and hence may be regarded as an extension of the Regional Centre in terms of both the site density and the mix of land uses. Whilst the application site does have a significant residential component it is very much associated with the developing mix of land uses within the Regional Centre. The scale and density of development proposed: The scale of development is undoubtedly high and in terms of the residential elements equates to over 215 dwellings per hectare. The only practicable way to achieve this density is by constructing a high-rise built form. The indicative proposals show that the buildings will be between 8 and 10 storeys high. The applicant has also indicated that with this option much of the ground floor units will be residential with private open space. The density proposed is again consistent with strategic policies for this part of the urban core and in particular those associated with the Regional Centre but the issue remains as to how this will impact on local residents and whether the development can meet adequate design standards to produce a high quality development. 56 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 In terms of the local communities the applicant has met with residents and confirmed a commitment to work with the residents to overcome their specific concerns (as outlined by the representations referred to above). The Central Salford Urban Regeneration Company has raised the issue of whether the quality of development will be compromised by the scale of the development. Answers to these questions cannot be given at this stage of the process as all matters are reserved. An assessment of the quality of the development and the impact of the designs on the local community will be an issue for future applications. The density alone is not necessarily a cause for concern unless the high-rise option is not acceptable in principle. Based on the indicative layouts and the indicative height of development, I am satisfied that the amount of development is not prejudicial to the delivery of an acceptable layout and appropriate space standards, and the achievement of a good quality development. The outline transport assessment has indicated that the existing highway infrastructure is capable of accommodating development without significant physical alterations. The site is also well located in respect of public transport routes and the rail network. The issue of specific details required to facilitate development are not for consideration at this stage. These details need to be the subject of further study and a more detailed analysis but at this stage I have no objections to the principles of the development in the context of traffic and transportation. The request from the GMPTE for a Travel Plan is considered to be a reasonable one in that having regard to the scale of development it would be sensible to aim to towards minimising use of the car and maximising access to public transport and cycling and pedestrian facilities. CONCLUSION I am satisfied that the redevelopment of this site for a mixed use development incorporating residential, hotel and retail/commercial uses is acceptable and consistent with the applicable strategic and spatial policies. The scale of the development and the high rise building solution that will be required is consistent with other development in Central Salford and is appropriate to this location. The development and the proposed details would make a positive contribution to the area and would result in the redevelopment of a vacant and unused land and buildings. RECOMMENDATION 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 environmental improvements, open space and recreation space in compliance with the Chapel Street Regeneration Strategy and Policies H6 and H11, H8 and SPG7. 57 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Subject to the following Conditions 1. Standard Condition B01B New reserved matters 2. Standard Condition B01X Reserved Matters 3. 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 commuted sums as required by the Chapel Street Planning Obligations Development Control Policy Note and by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for environmental improvements, open space and recreation space purposes. 4. Prior to the first occupation of any part of the development the developer shall submit a travel plan for the approval of the Local Planning Authority. The travel plan shall address measures to reduce the reliance on the private car to access the site, the methodology for which shall be agreed by the Local Planning Authority prior to submission. Once approved such measures shall be implemented and shall thereafter be maintained. 5. Prior to submission of any reserved matters a full and detailed Transportation Assessment shall be submitted and approved by the Local Planning Authority. Any amendments or additions to the existing infrastructure required by the assessment shall be implemented prior to the first occupation of any development. 6. That before development commences the detailed design of the riverside walkway and public realm space shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be implemented prior to the first occupation of any dwelling and shall be maintained at all times thereafter. 7. No development shall commence until details of the existing and proposed levels have been submitted to and approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved levels. 8. Any facilities for the storage of chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Local Planning Authority for approval. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or 25% of the total combined capacity of the interconnected tanks whichever is the greatest. All filling points, vents, gauges and sight 58 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. 9. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from the River Irwell shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with, the site being drained. Roof water shall not pass through the interceptor. 10. No development shall be commenced until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning authority. Such a scheme shall be constructed and completed in accordance with the approved plans. 11. No development shall commence unless and until the necessary consents have been obtained for the closure of any rights of way. 12. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. 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 Local Planning Authority 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 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 Local Planning Authority. 13. No individual A1 or D2 unit located within the development shall have a gross floorspace of more than 700sq.m. and no hotel shall have more than 171 bedrooms. 14. Externally mounted plant and equipment shall be insulated in accordance with a scheme submitted to and approved by the Local Planning Authority before the development hereby approved is first brought into use. Such works shall be completed before first use and shall be retained at all times thereafter. 59 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 15. Prior to commencement of development, full details of a scheme for the management, destruction and/or disposal of Japanese knotweed and Giant Hogweed shall be carried out by the developer, submitted to and approved in writing by the Local Planning Authority. This scheme shall include a timetable for implementation. Should a delay of more than one year occur between the date of approval of the management scheme and either the date of implementation of the management scheme or the date of development commencing, a further site survey must be undertaken and submitted to the Local Planning Authority for approval in order to ensure that the agreed scheme is still applicable. 16. Prior to the commencement of development an air quality assessment shall be submitted to and approved in writing by the Local Planning Authority The report shall predict the effect of the development on air quality and risk of public exposure against the air quality objectives set out in the National Air Quality Strategy (Air Quality Regulations 2000) for the following pollutants: Nitrogen Dioxide and PM10. Details of measures to be put in place or actions taken to reduce the impact of the development on air quality shall be included in the report. The development shall only take place in accordance with the findings of the air quality assessment report as approved by the Local Planning Authority. 17. Prior to the commencement of any building works on site, the applicant shall submit for written approval an assessment of noise likely to affect the application site. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network including Trinity Way, and any other local noise sources including Industrial and Commercial Uses both in the immediate vicinity of the site and those along Trinity Way, Mary Street and Great Ducie Street which are deemed significant on the site. The assessment shall also identify noise sources created within the scope of the development. 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 Summer Cooling and Rapid Ventilation. 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 and thereafter retained. 18. Noise from fixed plant and machinery on the site (LAeq,t) including shall not exceed the background level (LA90,t) at the boundary of the nearest noise sensitive properties at any time. 19. Details of the fume extraction system serving the hotel and any other A3/A4/A5 uses shall be designed such that there will be no odour or noise nuisance to local premises and shall be approved in writing by the Local Planning Authority prior to the development taking place. The approved system shall be installed and shall be used at all times when the premises are used for cooking or preparing foods. The system shall be maintained and serviced in accordance with manufacturers recommendations 20. The lighting provided in the scheme shall be erected and directed so as to avoid nuisance to 60 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 residential accommodation in close proximity. Guidance can be obtained from the Institute of Lighting Engineers which relates to these matters (Guidance Notes for the Reduction of Light Pollution). I would recommend the lighting be designed to provide a standard maintained illumination (LUX) of between 5 and 20 LUX with the lower level being the preferable one. 21. Prior to the commencement of the development, the developer shall submit a Dust Management Plan for the written approval of the Local Planning Act. The Dust Management Plan shall identify all areas of the site and site operations where dust may be generated and further identify control methods to ensure that dust does not travel beyond the site boundary. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control dust fail, the site shall cease all material handling operations immediately until the dust control equipment has been repaired or replaced. 22. Prior to the commencement of the development, the developer shall submit a Noise Management Plan for the written approval of the LPA. The Noise Management Plan shall identify all areas of the site and site operations where Noise from construction works may be generated and further identify control methods to ensure that Noise does not create problems to nearby noise sensitive properties. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control noise fail, the site shall cease all construction operations within 1 hour until the noise control equipment has been repaired or replaced. 23. Any trees or buildings on the site which are to be felled/removed and which have the potential to provide bat roosts shall be surveyed by a competent specialist one month prior to their felling/removal. If the presence of bats is recorded mitigation measures shall be first submitted to and agreed in writing by the Local Planning Authority. The felling/removal of such trees/buildings shall be carried out in accordance with the approved mitigation measures. (Reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R002 Reserved Matters 3. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with the Chapel Street Planning Obligations Development Control Policy Note and policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 4. To ensure that proper accessibility by public transport, cycling and walking is provided in accordance with policy A1 of the City of Salford Revised Deposit Draft Unitary Development Plan. 61 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 6. Standard Reason R041A Access for people with disabilities 7. Reason: To ensure that the development is subject to minimum risk of flooding and to safeguard the amenity of the future occupants of the development in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 8. To prevent pollution of the River Irwell in accordance with policy EN20 of the City of Salford Unitary Development Plan 9. To prevent pollution of the River Irwell in accordance with policy EN20 of the City of Salford Unitary Development Plan 10. To ensure a satisfactory means of drainage in accordance with policy EN20 of the City of Salford Unitary Development Plan. 11. Standard Reason R026A Interests of highway safety 12. Standard Reason R028A Public safety 13. To ensure compliance with policies EC8 of Regional Spatial Strategy and Policy S2B of the City of Salford Unitary Development Plan - Revised Deposit Draft Replacement Plan. 14. Standard Reason R024A Amenity of future residents 15. To prevent the spread of invasive Japanese knotweed and Giant Hogweed in accordance with policy EN20 of the City of Salford Unitary Development Plan. 16. To minimise the effect on local air quality in accordance with policy EN20 of the City of Salford Unitary Development Plan. 17. Standard Reason R024A Amenity of future residents 18. Standard Reason R024A Amenity of future residents 19. Standard Reason R024A Amenity of future residents 20. Standard Reason R024A Amenity of future residents 21. Standard Reason R024A Amenity of future residents 22. Standard Reason R005A Amenity-neighbours 23. To ensure the ecological interest on the site is maintained in accordance with policies EN7C, EN7D and EN7E of the City of Salford Unitary Development Plan - Revised Deposit Draft Replacement Plan. 62 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Note(s) for Applicant 1. The decision to grant planning permission has been taken having regard to the policies and proposals in the City of Salford Unitary Development Plan set out below and to all relevant material considerations, including Supplementary Planning Guidance. There are no other material planning considerations that outweigh this finding: 2. The Environment Agency would seek any new landscaping scheme adjacent to the River Irwell wildlife corridor, be largely based on native, and preferably local provenanced plant species, improves existing riparian habitat, whilst creating new and safe riverside access. Any planting scheme should avoid the mistakes of the past in this location, where views of the river are limited due to inappropriate and dense planting that has lacked routine conservation maintenance and provides an unsafe environment for pedestrians. Also any existing planting retained as part of the development should be sympathetically managed i.e. scrub woodland thinned, hedges laid etc. 3. The applicants attention is drawn to the contents of the letter from United Utilities. 4. For further discussions regarding the requirements of the Contaminated Land Condition, the applicant / developer is advised to contact the Director of Environmental Services on 737 0551. 5. For further discussions regarding the requirements of the noise condition, the applicant / developer is advised to contact the Director of Environmental Services on 737 0551. Please note guidance such as PPG24, WHO guidelines, BS4142 (1997).BS8233:1999,Department of education guidelines. 6. The level of insulation to be provided and / or noise permitted from externally mounted machinery shall aim to be such that the rated level of noise emitted from the development is below the existing background level by at least 5dB(A). You are advised to contact the Director of Environmental Services on 737 0551 to discuss the measurement methodology and monitoring position. 7. 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. 8. Under the terms of the Water Resources Act 1991 and the Land Drainage Bylaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 meters of the top of the bank of the main River Irwell. Details of any proposed new surface water outfalls, which should be constructed entirely 63 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 within the bank profile, should be approved by the Environment Agency in accordance with the water Resources Act 1991. All downspouts should be sealed directly into the ground ensuring that the only open grids present around each dwelling are connected to the foul sewage systems. No rainwater contaminated with silt/soil from disturbed ground during construction, must drain to the surface water sewer or watercourse without sufficient settlement. Surface water from yard storage areas, vehicle washing areas, loading and unloading areas and any other areas likely to be contaminated by spillage should be connected to the foul sewer. The formal consent of United Utilities will be required. In the absence of a sewerage system, such drainage must go to a tank(s) with no discharge to watercourse. 9. If any commercial or retail uses incorporate A3/4/5 uses and they operate on site beyond 23.00 they may fall under requirements of the new licensing regime. The applicant is advised to contact the Licensing Team at the earliest opportunity to clarify what licences or special conditions may apply under the Licensing Act. Contact the Licensing Team on 0161 793 3114 for further advice. 10. For Commercial and Retail uses within the site, the applicant should contact the Commercial Services team for discussions and advice on the layout, design and procedures undertaken by the proposed use prior to the commencement of businesses. Commercial Services can provide such advice concerning matters relating to the Food Safety Act and the Health & Safety at Work etc Act. For further advice please contact 0161 737 0551. 11. The reference period 't' is taken as being a 1 hour period between 07.00 and 23.00 hours inclusive and as 5 minutes at any time outside of those hours. 12. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 inclusive Saturdays 08:00 to 13:00 inclusive Construction works shall not be permitted on Sundays or Bank or Public Holidays Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 13. Before undertaking an air quality assessment, it is advisable that datasets and methodologies to be used are agreed with Salford City Council Environmental Protection Service. The Design Manual for Roads and Bridges (DMRB) method will be acceptable for this study. Where the DMRB assessment predicts exceedence of a National Air Quality Objective a more detailed assessment will be required. 64 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The air quality assessment should address the opening year of the development and years 2010 and 2020 with and without the development. Pollutant concentrations should be estimated at locations where the Air Quality Strategy objectives apply. These are locations where members of the public will be exposed to the pollution over the appropriate timescales of the objective. The report detailing the results of the air quality assessment should provide a transparent account of the modelling undertaken, assumptions made and validation of results. 14. With regard to condition 22 noisy operations including powerfloating shall be notified to the local authority and with at least 2 weeks prior to the commencement of such works. Such activities shall occur between the permitted construction site working hours only unless agreed previously with the Local Planning Authority in advance. Any such operations shall be accompanied by mitigation measures to minimise the impact of noise on nearby noise sensitive properties. Any such operations shall be notified to nearby local residents along with emergency contact numbers should noise mitigation measures fail. APPLICATION No: 05/51524/OUT APPLICANT: Urban Splash LOCATION: Land To The East And North Of Springfield Lane Adjacent To The River Irwell Salford PROPOSAL: Outline application for the erection of 540 flats and 4029 sq.m of retail/commercial space (Option 1) WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL The site comprises 2.6 hectares and is currently vacant having been previously used primarily for industry and storage uses. The site has been vacant and awaiting redevelopment for some ten years. The land lies within the Greengate North area of Central Salford to the north of Trinity Way and bounding onto the River Irwell as far as Bridgewater Street. The site includes the King William VI Public House and former industrial land on both sides of Springfield Lane. The main interest in the land lies with the Council although there are two other owning interests. The application is a red line outline application with all matters reserved. The applicant has however submitted illustrative information to demonstrate that the development described can be 65 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 accommodated on the site, together with a supporting planning statement. The developer is considering 3 options for the development of this site and has submitted 3 separate outline applications for each of the options. Each application proposes a different mix and amount of development but in general terms the development in all 3 options can be described as a high density, residential led, mixed development in six 9/10 storey building blocks. The illustrative material has been developed from the original design competition on this site. The scheme may allow for the building of a footbridge across to development in Manchester City Centre and in these circumstances the extent of non commercial uses can be increased but this is subject to funding and commercial appraisal and is not at this stage a commitment. It has been established however that there is a commitment to providing a new riverside walkway along the Irwell. The Traffic Engineering Report submitted with the application establishes that access to the application site and the development proposed, can be provided via Springfield Lane. The report goes on to say that the impact on the junction at Springfield lane and Trinity Way is not significant and would not require any material changes to the junction or its signalling. The applicant has indicated that car parking could be provided at below ground level across the whole site and it has been demonstrated that 814 parking spaces can be provided. This application concerns Option 1. This represents the scheme with a significant amount of mostly residential content with 540 flats. Each scheme includes retail/commercial uses and in this case the floorspace amounts to 4029 sq m. SITE HISTORY 02/44925/DEEM3 – Outline consent for 90 houses and offices (land between Springfield Lane and the River Irwell). Approved 12.12.2002. 02/44926/DEEM3 – Outline consent for 60 houses and offices (land between Springfield Lane and the River Irwell). Approved 01.02.2001. 03/46053/OUT – Outline for residential (small site at Reservoir Street and Dean Road). Approved 06/08/2003. 03/46054/OUT – Outline for residential (site if King William VI PH). Approved 06/08/2003. 04/48283/FUL – Change of use to temporary car park. Approved 16/07/2004. 04/49526/OUT - Outline for 178 apartments and 515sq m. offices. (Land opposite the application site to west of Springfield Lane) Approved 06/01/2005 CONSULTATIONS Director of Environmental Services - The site is adjacent to an extremely busy inner ring road serving Manchester and Salford. The proximity of this road will create certain issues for any future 66 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 occupiers of the site. Primarily this relates to noise and also air quality resulting from both the size and scale of the development as well as the surrounding site uses. The air quality aspect will require that an assessment is made to determine the impact of such a development on the surrounding area, recommending any necessary mitigation measures or other controls which can attempt to reduce the exposure and impact of the site. A condition will be recommended which details more specific matters relating to this aspect of the development. Noise from surrounding site uses will also have to be considered carefully. There are a number of commercial/retail type outlets on the opposite side of the river at this point. There is a possibility that noise or other potential nuisances will exist and become apparent to the site on first occupation. Assessments will have to include such surrounding uses and necessary mitigation measures for all acoustic matters will have to be developed. Ventilation will also figure highly in this equation, if mitigation measures are provided to protect against noise ingress, opening windows will therefore enhance the effects of any noise problems to future occupiers. It may be necessary to incorporate alternative ventilation to prevent the necessity of opening windows in a potentially noisy area. A full acoustic assessment will be necessary for the site to identify any areas which require mitigation measures and to further specify the necessary measures to protect the amenity of the future site occupiers. The site is also brownfield, former buildings on the site and various previous uses including the uprating of the site due to the proximity of the River Irwell will demand that a full assessment into contaminated land and possible landfill gas will be required. The combination of Flats and Retail/Commercial uses on one site may also create possible conflicts between the future site users. Special attention will have to be paid to the internal layout of the buildings to ensure that compatible uses are located together, separation distances and careful arrangement of rooms between individual uses will have to be considered. This will need to be considered as part of any acoustic assessment as well as part of other matters detailed below. Any A3, 4 or 5 uses incorporated into the design will have to be considered and necessary mitigation measures included in any full planning submissions. Noise from such uses will also require assessment to ensure that the amenity of future occupiers of the site is adequately against any such deterioration by nature of the mixed use site. It is likely that some form of odour abatement plants to be installed. Due to the height of the building, it is likely that any such plants will have to be abatement/neutralisation plants as opposed to a simple dispersion stack which clears the height of the building. Greater Manchester Police Architectural Liaison Unit – No comments received. Manchester and High Peak Area Footpaths Society – No comments received. Greater Manchester Pedestrians association – No comments received Ramblers Association – No comments received. 67 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Open Spaces Society – No comments received Manchester City Council – No comments received Environment Agency –The applicant has submitted a Flood Risk Assessment and subject to appropriate conditions there are no objections in principle. United Utilities – No objections in principle subject to details and appropriate conditions. GMPTE – Recommends that the applicant makes a contribution to improvements in the pedestrian environment and that a Travel plan be requested. Central Salford Urban Regeneration Company – No objections in principle but has some concerns in respect of: 1. Need to ensure that quality is compromised by possible over development. 2. The riverside walkway should be a requirement of permission. PUBLICITY A press notice was published 20th October 2005 A site notice was displayed on 13th October 2005 The following neighbour addresses were notified: 1 – 11 (o), 17, 2-16(e), 18-28 (e) Georgette Drive. Greengate Community Centre, Units 5-11 Irwell House 2-5, 11-16, 21-26, 31-36, 41-46, 51-56, 61-66, 71-76, 81-86, 91-96, 102-106, 111-116, 121-126, 131-136, 141-146, Grey Friar Court Trident Manufacturing, 89,93, Greengate Street 5, 6, Irwell House, K and T Coatings, Mobility Components, Wilson Hudson, East Phillip Street David Bentley, Dunlop Greengate Polymers, Greengate 125 Greengate West 17, The Eagle Inn Collier Street 1-4, 11-16, 21-26, 31-36, 41-46, 51-56, 61-66, 71-76, 81-86, 91-96, 101-106, 111-116, 121-126, 131-136, 141-146, 151-156 Newbank Tower 1-12 Twillbrook Drive 1-17 Poplin Drive 1-32 Evans Street 10- 66(e) Bridgewater Street 15-23(o) Anaconda Drive Units 2,3,11,12 Springfield Business Centre Renault Manchester, Trinity Way 68 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 REPRESENTATIONS I have received three letters of representation / objection in response to the planning application publicity to date. One writer from Evans Street welcomes development but suggests the number of flats is rather high. In detail the following points are made: Pedestrian facility required at the traffic lights at Springfield lane/Trinity Way Insufficient car parking Loss of scrub land may affect run off into the river Tree planting needed Continued traffic management to prevent Springfield Road being used as a short cut. The second writer, also from Evans Street, makes the following points: a) Replacement landscaping should be of native species to support local wildlife. b) The area is used a common area and that the proposal to make all the land private with no community access is unacceptable. c) 10 storey buildings are too high and would overlook existing properties. Such “high rise” development will set a precedent for other landowners with residential aspirations. d) The traffic assessment is considered too optimistic, highway improvements will be required and parking is inadequate. The third writer is an architect in practice in Salford considers that the site offers a great opportunity to bring people to the River Irwell and to improve access along the waterfront. In detail the following points are made: e) Loss of trees. f) The development is too high. g) The scheme is poorly designed in outline. REGIONAL SPATIAL STRATEGY Policy SD1 seeks to focus development and urban renaissance resources, particularly in the regional pole of Manchester and Salford. The site is located within the area identified as a regional priority. Policies DP1 and UR4 encourages the re-use of land and buildings. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC13/9 – sites suitable for industrial and warehousing development. EN15 – Environmental Improvement Corridor Other policies: CS2 – Central Salford Greengate North Spatial Framework – Central Salford will be the major focus for regeneration and investment. 69 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 EC3- re-use of sites and premises. H10 - Affordable housing REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY ST2 – Housing Supply ST3 - Employment Supply ST7 - Mixed Use development ST11 – Location of new Development ST12 – Development Density A1- Transport Assessments and Travel Plans H1 - Provision of New Housing Development H4 – Affordable Housing DES1 – Respecting Context DES6 – Waterside Development DEV5 – Planning Conditions and Obligations E5 – Development within established Employment Areas. THE INSPECTORS REPORT ST2 – recommends a number of amendments but the thrust of the policy remains the same. ST3 – recommends minor amendments only. ST7 – no modifications ST11 – recommends a number of amendments but the thrust of the policy remains the same. ST12 – no modifications A1 – recommends minor amendments only. H1 – recommends a number of amendments but the thrust of the policy remains the same. H4 – recommends a number of amendments but the thrust of the policy remains the same. DES1 – recommends minor amendments only. DES6 – recommends a number of amendments but the thrust of the policy remains the same. DEV5 – recommends minor amendments only E5 – recommends minor amendments only. PLANNING APPRAISAL The location of this application site and its development for a mixed use scheme is entirely consistent with the urban renaissance of our cities. The re-use of sites in our inner cities is essential to not only achieving sustainable development but also to bring back confidence and improve the environment (physically, economically and socially) for local communities. As an outline application with all matters reserved the issues to be addressed relate to: 8. Compliance with policy guidance. 9. The principle of the land uses proposed. 10. The scale and density of development proposed. 70 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 This report and recommendation does not concern itself with design issues or other matters, which are reserved. Compliance with policy guidance. The development of this application site is entirely consistent with established strategic and spatial policies, having regard to the both the uses proposed and the site location. In particular policy CS2 promotes the renewal of the area through a number of measures that include “the redevelopment of vacant land between Trinity Way and the River Irwell for a mixture of new housing, industry and non-retail commercial uses” and “the improvement of pedestrian links to and along the River Irwell frontage”. The existing industrial buildings are not worthy of retention and represent outmoded forms of industrial buildings which are no longer in demand or economically viable. Whilst not retaining the existing industrial buildings in the area the application is generally consistent with Policy CS2. Policy EC13/9 of the Unitary Development Plan allocates part of the site for industrial and warehousing development and this allocation was based on the adjoining land uses and the fact that the site is in an area of high unemployment. However the relocation of Cromtech Engineering has enabled the creation of a larger site (the planning application site) which now adjoins residential areas and allows for a range of other uses to be considered. The inclusion within the application of retail/commercial uses will allow for jobs to be created thus addressing employment issues whilst allowing a form of development which is sympathetic to the neighbouring residential properties. It is therefore considered that the proposals do not conflict with policy EC13/9, although the emphasis has changed. This change of emphasis is supported by Regional strategies and policy CS2 of the Unitary Development Plan. The scheme also indicates compliance with policy DES6 by providing significant public realm spaces and access in association with the River Irwell. The applicant has stated that the site lies in an area with public and Registered Social Landlords and that the introduction of private sector housing is needed to broaden the mix and range of dwellings. On this basis it is argued that there is no requirement for affordable housing under policies H10 and H4. Until such time that the Council have adopted a Supplementary Planning Document the issue of affordable housing is a matter of negotiation rather than a policy based requirement. The applicant is in discussion about this matter with both the Council and a Registered Social Landlord. The Council has a current policy of securing contributions to support the Chapel Street Regeneration Strategy. The applicant has made no reference to the making of a financial contribution in accordance with the policy in the supporting statement. This is considered to be a serious omission and it is proposed that a condition be imposed requiring compliance with the current policy. Other detailed policies in respect of design and layout will be considered at reserved matters stage. 71 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The principle of the land uses proposed: The Planning history indicates that over the past 3 years what was primarily an employment area has become accepted as a suitable location for housing opportunities. The older industrial uses were closely adjoined by residential uses and their redevelopment, at least in part, for residential purposes is considered to be appropriate and consistent with improving the environment for existing communities The site lies within the Manchester and Salford Pathfinder and the residential component to this scheme will help to create sustainable communities. The residential elements of the proposal are therefore considered appropriate, particularly in the context of a mixed use scheme. The applicant refers to a mix of 1, 2 and 3 bedroomed accommodation, some with large gardens. Such a mix is to be welcomed but the precise form of development will only be resolved at the detailed stage of the planning process. The policies in the Plans concerning employment land and premises have also been developed in the Draft Replacement Unitary Development Plan to reflect a more realistic approach to both the re-use of old dilapidated industrial uses and the creation of new and relevant working environments. The application includes 2437 sq m. of retail/commercial floorspace which will provide for modern employment opportunities consistent with employment polices of the Unitary Development Plan. There is a clear emphasis on the residential component in this application, (the supporting statement confirms that the commercial uses would be confined to a single block of development fronting Trinity Way). Whilst this option provides a limited “mix” of land uses the site needs to be considered in the context of the Regional Centre where there is an established and developing mix of land uses. The site immediately adjoins the Regional Centre (the boundary lies along Trinity Way) and hence may be regarded as an extension of the Regional Centre in terms of both the site density and the mix of land uses. Whilst the application site does have an emphasis on residential development it is very much associated with the developing mix of land uses within the Regional Centre. The scale and density of development proposed: The scale of development is undoubtedly high and in terms of the residential elements equates to over 215 dwellings per hectare. The only practicable way to achieve this density is by constructing a high-rise built form. The indicative proposals show that the buildings will be between 8 and 10 storeys high. The applicant has also indicated that with this option much of the ground floor accommodation will be residential with private open space. The density proposed is again consistent with strategic policies for this part of the urban core and in particular those associated with the Regional Centre but the issue remains as to how this will impact on local residents and 72 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 whether the development can meet adequate design standards to produce a high quality development. In terms of the local communities the applicant has met with residents and confirmed a commitment to work with the residents to overcome their specific concerns (as outlined by the two representations referred to above). The Central Salford Urban Regeneration Company has raised the issue of whether the quality of development will be compromised by the scale of the development. Answers to these questions cannot be given at this stage of the process as all matters are reserved. An assessment of the quality of the development and the impact of the designs on the local community will be an issue for future applications. The density alone is not necessarily a cause for concern unless the high-rise option is not acceptable in principle. Based on the indicative layouts and the indicative height of development, I am satisfied that the amount of development is not prejudicial to the delivery of an acceptable layout and appropriate space standards, and the achievement of a good quality development. The outline transport assessment has indicated that the existing highway infrastructure is capable of accommodating development without significant physical alterations. The site is also well located in respect of public transport routes and the rail network. The issue of specific details required to facilitate development are not for consideration at this stage. These details need to be the subject of further study and a more detailed analysis but at this stage I have no objections to the principles of the development in the context of traffic and transportation. The request from the GMPTE for a Travel Plan is considered to be a reasonable one in that having regard to the scale of development it would be sensible to aim to towards minimising use of the car and maximising access to public transport and cycling and pedestrian facilities. CONCLUSION I am satisfied that the redevelopment of this site for a mixed use development incorporating residential and retail/commercial uses is acceptable and consistent with the applicable strategic and spatial policies. The scale of the development and the high rise building solution that will be required is consistent with other development in Central Salford and is appropriate to this location. The development and the proposed details would make a positive contribution to the area and would result in the redevelopment of a vacant and unused land and buildings. RECOMMENDATION 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 73 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 provision of environmental improvements, open space and recreation space in compliance with the Chapel Street Regeneration Strategy and Policies H6 and H11, H8 and SPG7. Subject to the following Conditions 1. Standard Condition B01B New reserved matters 2. Standard Condition B01X Reserved Matters 3. 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 commuted sums as required by the Chapel Street Planning Obligations Development Control Policy Note and by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for environmental improvements, open space and recreation space purposes. 4. Prior to the first occupation of any part of the development the developer shall submit a travel plan for the approval of the Local Planning Authority. The travel plan shall address measures to reduce the reliance on the private car to access the site, the methodology for which shall be agreed by the Local Planning Authority prior to submission. Once approved such measures shall be implemented and shall thereafter be maintained 5. Prior to submission of any reserved matters a full and detailed Transportation Assessment shall be submitted and approved by the Local Planning Authority. Any amendments or additions to the existing infrastructure required by the assessment shall be implemented prior to the first occupation of any development. 6. That before development commences the detailed design of the riverside walkway and public realm space shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be implemented prior to the first occupation of any dwelling and shall be maintained at all times thereafter. 7. No development shall commence until details of the existing and proposed levels have been submitted to and approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved levels. 8. Any facilities for the storage of chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Local Planning Authority for approval. The volume of the bunded compound should be at least equivalent to the 74 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or 25% of the total combined capacity of the interconnected tanks whichever is the greatest. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. 9. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from the River Irwell shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with, the site being drained. Roof water shall not pass through the interceptor 10. No development shall be commenced until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning authority. Such a scheme shall be constructed and completed in accordance with the approved plans 11. No development shall commence unless and until the necessary consents have been obtained for the closure of any rights of way. 12. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. 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 Local Planning Authority 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 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 Local Planning Authority. 13. No individual A1 or D2 unit located within the development shall have a gross floorspace of more than 700sq.m. 14. Externally mounted plant and equipment shall be insulated in accordance with a scheme submitted to and approved by the Local Planning Authority before the development hereby 75 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 approved is first brought into use. Such works shall be completed before first use and shall be retained at all times thereafter 15. Prior to commencement of development, full details of a scheme for the management, destruction and/or disposal of Japanese knotweed and Giant Hogweed shall be carried out by the developer, submitted to and approved in writing by the Local Planning Authority. This scheme shall include a timetable for implementation. Should a delay of more than one year occur between the date of approval of the management scheme and either the date of implementation of the management scheme or the date of development commencing, a further site survey must be undertaken and submitted to the Local Planning Authority for approval in order to ensure that the agreed scheme is still applicable 16. Prior to the commencement of development an air quality assessment shall be submitted to and approved in writing by the Local Planning Authority The report shall predict the effect of the development on air quality and risk of public exposure against the air quality objectives set out in the National Air Quality Strategy (Air Quality Regulations 2000) for the following pollutants: Nitrogen Dioxide and PM10. Details of measures to be put in place or actions taken to reduce the impact of the development on air quality shall be included in the report. The development shall only take place in accordance with the findings of the air quality assessment report as approved by the Local Planning Authority 17. Prior to the commencement of any building works on site, the applicant shall submit for written approval an assessment of noise likely to affect the application site. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network including Trinity Way, and any other local noise sources including Industrial and Commercial Uses both in the immediate vicinity of the site and those along Trinity Way, Mary Street and Great Ducie Street which are deemed significant on the site. The assessment shall also identify noise sources created within the scope of the development. 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 Summer Cooling and Rapid Ventilation. 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 and thereafter retained. 18. Noise from fixed plant and machinery on the site (LAeq,t) including shall not exceed the background level (LA90,t) at the boundary of the nearest noise sensitive properties at any time. 19. Details of the fume extraction system serving the hotel and any other A3/A4/A5 uses shall be designed such that there will be no odour or noise nuisance to local premises and shall be approved in writing by the Local Planning Authority prior to the development taking place. The approved system shall be installed and shall be used at all times when the premises are used for cooking or preparing foods. The system shall be maintained and serviced in 76 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 accordance with manufacturers recommendations 20. The lighting provided in the scheme shall be erected and directed so as to avoid nuisance to residential accommodation in close proximity. Guidance can be obtained from the Institute of Lighting Engineers which relates to these matters (Guidance Notes for the Reduction of Light Pollution). I would recommend the lighting be designed to provide a standard maintained illumination (LUX) of between 5 and 20 LUX with the lower level being the preferable one. 21. Prior to the commencement of the development, the developer shall submit a Dust Management Plan for the written approval of the Local Planning Act. The Dust Management Plan shall identify all areas of the site and site operations where dust may be generated and further identify control methods to ensure that dust does not travel beyond the site boundary. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control dust fail, the site shall cease all material handling operations immediately until the dust control equipment has been repaired or replaced 22. Prior to the commencement of the development, the developer shall submit a Noise Management Plan for the written approval of the LPA. The Noise Management Plan shall identify all areas of the site and site operations where Noise from construction works may be generated and further identify control methods to ensure that Noise does not create problems to nearby noise sensitive properties. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control noise fail, the site shall cease all construction operations within 1 hour until the noise control equipment has been repaired or replaced. 23. Any trees or buildings on the site which are to be felled/removed and which have the potential to provide bat roosts shall be surveyed by a competent specialist one month prior to their felling/removal. If the presence of bats is recorded mitigation measures shall be first submitted to and agreed in writing by the Local Planning Authority. The felling/removal of such trees/buildings shall be carried out in accordance with the approved mitigation measures. (Reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R002 Reserved Matters 3. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with the Chapel Street Planning Obligations Development Control Policy Note and policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 4. To ensure that proper accessibility by public transport, cycling and walking is provided in accordance with policy A1 of the City of Salford Revised Deposit Draft Unitary Development Plan 77 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 5. Standard Reason R016A Safety of traffic 6. Standard Reason R041A Access for people with disabilities 7. Reason: To ensure that the development is subject to minimum risk of flooding and to safeguard the amenity of the future occupants of the development in accordance with policy DEV 1 of the City of Salford Unitary Development Plan 8. To prevent pollution of the River Irwell in accordance with policy EN20 of the City of Salford Unitary Development Plan 9. To prevent pollution of the River Irwell in accordance with policy EN20 of the City of Salford Unitary Development Plan 10. To ensure a satisfactory means of drainage in accordance with policy EN20 of the City of Salford Unitary Development Plan. 11. Standard Reason R026A Interests of highway safety 12. Standard Reason R028A Public safety 13. To ensure compliance with policies EC8 of Regional Spatial Strategy and Policy S2B of the City of Salford Unitary Development Plan - Revised Deposit Draft Replacement Plan. 14. Standard Reason R024A Amenity of future residents 15. To prevent the spread of invasive Japanese knotweed and Giant Hogweed in accordance with policy EN20 of the City of Salford Unitary Development Plan 16. To minimise the effect on local air quality in accordance with policy EN20 of the City of Salford Unitary Development Plan. 17. Standard Reason R024A Amenity of future residents 18. Standard Reason R024A Amenity of future residents 19. Standard Reason R024A Amenity of future residents 20. Standard Reason R024A Amenity of future residents 21. Standard Reason R024A Amenity of future residents 22. Standard Reason R005A Amenity-neighbours 78 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 23. To ensure the ecological interest on the site is maintained in accordance with policies EN7C, EN7D and EN7E of the City of Salford Unitary Development Plan - Revised Deposit Draft Replacement Plan. APPLICATION No: 05/51525/OUT APPLICANT: Urban Splash LOCATION: Land To The East And North Of Springfield Lane Adjacent To The River Irwell Salford PROPOSAL: Outline application for the erection of 555 flats and 2437sq.m of retail/commercial space (Option 2) WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL The site comprises 2.6 hectares and is currently vacant having been previously used primarily for industry and storage uses. The site has been vacant and awaiting redevelopment for some ten years. The land lies within the Greengate North area of Central Salford to the north of Trinity Way and bounding onto the River Irwell as far as Bridgewater Street. The site includes the King William VI public house and former industrial land on both sides of Springfield Lane. The main interest in the land lies with the Council although there are two other owning interests. The application is a red line outline application with all matters reserved. The applicant has however submitted illustrative information to demonstrate that the development described can be accommodated on the site, together with a supporting planning statement. The developer is considering 3 options for the development of this site and has submitted 3 separate outline applications for each of the options. Each application proposes a different mix and amount of development but in general terms the development in all 3 options can be described as a high density, residential led, mixed development in six 9/10 storey building blocks. The illustrative material has been developed from the original design competition on this site. The scheme may allow for the building of a footbridge across to development in Manchester City Centre and in these circumstances the extent of non commercial uses can be increased but this is subject to funding and commercial appraisal and is not at this stage a commitment. It has been established however that there is a commitment to providing a new riverside walkway along the Irwell. 79 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The Traffic Engineering Report submitted with the application establishes that access to the application site and the development proposed, can be provided via Springfield Lane. The report goes on to say that the impact on the junction at Springfield lane and Trinity Way is not significant and would not require any material changes to the junction or its signalling. The applicant has indicated that car parking could be provided at below ground level across the whole site and it has been demonstrated that 814 parking spaces can be provided. This application concerns Option 2. This represents the scheme with the most residential content with 555 flats. Each scheme includes retail/commercial uses and in this case the floorspace amounts to 2437 sq m. SITE HISTORY 02/44925/DEEM3 – Outline consent for 90 houses and offices (land between Springfield Lane and the River Irwell). Approved 12.12.2002. 02/44926/DEEM3 – Outline consent for 60 houses and offices (land between Springfield Lane and the River Irwell). Approved 01.02.2001. 03/46053/OUT – Outline for residential (small site at Reservoir Street and Dean Road). Approved 06/08/2003. 03/46054/OUT – Outline for residential (site if King William VI PH). Approved 06/08/2003. 04/48283/FULL – Change of use to temporary car park. Approved 16/07/2004. 04/49526/OUT - Outline for 178 apartments and 515sq m. offices. (Land opposite the application site to the west of Springfield Lane) Approved 06/01/2005. CONSULTATIONS Director of Environmental Services - The site is adjacent to an extremely busy inner ring road serving Manchester and Salford. The proximity of this road will create certain issues for any future occupiers of the site. Primarily this relates to noise and also air quality resulting from both the size and scale of the development as well as the surrounding site uses. The air quality aspect will require that an assessment is made to determine the impact of such a development on the surrounding area, recommending any necessary mitigation measures or other controls which can attempt to reduce the exposure and impact of the site. A condition will be recommended which details more specific matters relating to this aspect of the development. Noise from surrounding site uses will also have to be considered carefully. There are a number of commercial/retail type outlets on the opposite side of the river at this point. There is a possibility 80 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 that noise or other potential nuisances will exist and become apparent to the site on first occupation. Assessments will have to include such surrounding uses and necessary mitigation measures for all acoustic matters will have to be developed. Ventilation will also figure highly in this equation, if mitigation measures are provided to protect against noise ingress, opening windows will therefore enhance the effects of any noise problems to future occupiers. It may be necessary to incorporate alternative ventilation to prevent the necessity of opening windows in a potentially noisy area. A full acoustic assessment will be necessary for the site to identify any areas which require mitigation measures and to further specify the necessary measures to protect the amenity of the future site occupiers. The site is also brownfield, former buildings on the site and various previous uses including the uprating of the site due to the proximity of the River Irwell will demand that a full assessment into contaminated land and possible landfill gas will be required. The combination of Flats and Retail/Commercial/hotel uses on one site may also create possible conflicts between the future site users. Special attention will have to be paid to the internal layout of the buildings to ensure that compatible uses are located together, separation distances and careful arrangement of rooms between individual uses will have to be considered. This will need to be considered as part of any acoustic assessment as well as part of other matters detailed below. Any A3, 4 or 5 uses incorporated into the design will have to be considered and necessary mitigation measures included in any full planning submissions. Noise from such uses will also require assessment to ensure that the amenity of future occupiers of the site is adequately against any such deterioration by nature of the mixed use site. It is likely that some form of odour abatement plants to be installed. Due to the height of the building, it is likely that any such plants will have to be abatement/neutralisation plants as opposed to a simple dispersion stack which clears the height of the building. Greater Manchester Police Architectural Liaison Unit – No comments received. Manchester and High Peak Area Footpaths Society – No comments received. Greater Manchester Pedestrians association – No comments received Ramblers Association – No comments received. Open Spaces Society – No comments received Manchester City Council – No comments received. Environment Agency –The applicant has submitted a Flood Risk Assessment and subject to appropriate conditions there are no objections in principle. United Utilities – No objections in principle subject to details and appropriate conditions. 81 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 GMPTE – Recommends that the applicant makes a contribution to improvements in the pedestrian environment and that a Travel plan be requested. Central Salford Urban Regeneration Company – No objections in principle but has some concerns in respect of: Need to ensure that quality is compromised by possible over development. The riverside walkway should be a requirement of permission. PUBLICITY A press notice was published 20th October 2005 A site notice was displayed on 13th October 2005 The following neighbour addresses were notified: 1 – 11 (o), 17, 2-16(e), 18-28 (e) Georgette Drive. Greengate Community Centre, Units 5-11 Irwell House 2-5, 11-16, 21-26, 31-36, 41-46, 51-56, 61-66, 71-76, 81-86, 91-96, 102-106, 111-116, 121-126, 131-136, 141-146, Grey Friar Court Trident Manufacturing, 89,93, Greengate Street 5, 6, Irwell House, K and T Coatings, Mobility Components, Wilson Hudson, East Phillip Street David Bentley, Dunlop Greengate Polymers, Greengate 125 Greengate West 17, The Eagle Inn Collier Street 1-4, 11-16, 21-26, 31-36, 41-46, 51-56, 61-66, 71-76, 81-86, 91-96, 101-106, 111-116, 121-126, 131-136, 141-146, 151-156 Newbank Tower 1-12 Twillbrook Drive 1-17 Poplin Drive 1-32 Evans Street 10- 66(e) Bridgewater Street 15-23(o) Anaconda Drive Units 2,3,11,12 Springfield Business Centre Renault Manchester, Trinity Way REPRESENTATIONS I have received three letters of representation / objection in response to the planning application publicity to date. 82 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 One writer from Evans Street welcomes development but suggests the number of flats is rather high. In detail the following points are made: Pedestrian facility required at the traffic lights at Springfield lane/Trinity Way Insufficient car parking Loss of scrub land may affect run off into the river Tree planting needed Continued traffic management to prevent Springfield Road being used as a short cut. The second writer, also from Evans Street, makes the following points: Replacement landscaping should be of native species to support local wildlife. The area is used a common area and that the proposal to make all the land private with no community access is unacceptable. 10 storey buildings are too high and would overlook existing properties. Such “high rise” development will set a precedent for other landowners with residential aspirations. The traffic assessment is considered too optimistic, highway improvements will be required and parking is inadequate. The third writer is an architect in practice in Salford considers that the site offers a great opportunity to bring people to the River Irwell and to improve access along the waterfront. In detail the following points are made: Loss of trees. The development is too high. The scheme is poorly designed in outline. REGIONAL SPATIAL STRATEGY Policy SD1 seeks to focus development and urban renaissance resources, particularly in the regional pole of Manchester and Salford. The site is located within the area identified as a regional priority. Policies DP1 and UR4 encourages the re-use of land and buildings. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC13/9 – sites suitable for industrial and warehousing development. EN15 – Environmental Improvement Corridor Other policies: CS2 – Central Salford Greengate North Spatial Framework – Central Salford will be the major focus for regeneration and investment. EC3- re-use of sites and premises. H10 - Affordable housing 83 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY ST2 – Housing Supply ST3 - Employment Supply ST7 - Mixed Use development ST11 – Location of new Development ST12 – Development Density A1- Transport Assessments and Travel Plans H1 - Provision of New Housing Development H4 – Affordable Housing DES1 – Respecting Context DES6 – Waterside Development DEV5 – Planning Conditions and Obligations E5 – Development within established Employment Areas. THE INSPECTORS REPORT ST2 – recommends a number of amendments but the thrust of the policy remains the same. ST3 – recommends minor amendments only. ST7 – no modifications ST11 – recommends a number of amendments but the thrust of the policy remains the same. ST12 – no modifications A1 – recommends minor amendments only. H1 – recommends a number of amendments but the thrust of the policy remains the same. H4 – recommends a number of amendments but the thrust of the policy remains the same. DES1 – recommends minor amendments only. DES6 – recommends a number of amendments but the thrust of the policy remains the same. DEV5 – recommends minor amendments only E5 – recommends minor amendments only. PLANNING APPRAISAL The location of this application site and its development for a mixed use scheme is entirely consistent with the urban renaissance of our cities. The re-use of sites in our inner cities is essential to not only achieving sustainable development but also to bring back confidence and improve the environment (physically, economically and socially) for local communities. As an outline application with all matters reserved the issues to be addressed relate to: Compliance with policy guidance. The principle of the land uses proposed. The scale and density of development proposed. This report and recommendation does not concern itself with design issues or other matters, which are reserved. 84 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Compliance with policy guidance. The development of this application site is entirely consistent with established strategic and spatial policies, having regard to the both the uses proposed and the site location. In particular policy CS2 promotes the renewal of the area through a number of measures that include “the redevelopment of vacant land between Trinity Way and the River Irwell for a mixture new housing, industry and non-retail commercial uses” and “the improvement of pedestrian links to and along the River Irwell frontage”. The existing industrial buildings are not worthy of retention and represent outmoded forms of industrial buildings which are no longer in demand or economically viable. Whilst not retaining the existing industrial buildings in the area the application is generally consistent with Policy CS2. Policy EC13/9 of the Unitary Development Plan allocates part of the site for industrial and warehousing development and this allocation was based on the adjoining land uses and the fact that the site is in an area of high unemployment. However the relocation of Cromtech Engineering has enabled the creation of a larger site (the planning application site) which now adjoins residential areas and allows for a range of other uses to be considered. The inclusion within the application of retail/commercial uses will allow for jobs to be created thus addressing employment issues whilst allowing a form of development which is sympathetic to the neighbouring residential properties. It is therefore considered that the proposals do not conflict with policy EC13/9, although the emphasis has changed. This change of emphasis is supported by Regional strategies and policy CS2 of the Unitary Development Plan. The scheme also indicates compliance with policy DES6 by providing significant public realm spaces and access in association with the River Irwell. The applicant has stated that the site lies in an area with public and Registered Social Landlords and that the introduction of private sector housing is needed to broaden the mix and range of dwellings. On this basis it is argued that there is no requirement for affordable housing under policies H10 and H4. Until such time that the Council have adopted Supplementary Planning Guidance the issue of affordable housing is a matter of negotiation rather than a policy based requirement. The applicant is in discussion about this matter with both the Council and a Registered Social Landlord. The Council has a current policy of securing contributions to support the Chapel Street Regeneration Strategy. The applicant has made no reference to the making of a financial contribution in accordance with the policy in the supporting statement. This is considered to be a serious omission and it is proposed that a condition be imposed requiring compliance with the current policy. Other detailed policies in respect of design and layout will be considered at reserved matters stage. The principle of the land uses proposed: 85 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The Planning history indicates that over the past 3 years what was primarily an employment area has become accepted as a suitable location for housing opportunities. The older industrial uses were closely adjoined by residential uses and their redevelopment, at least in part, for residential purposes is considered to be appropriate and consistent with the aim of improving the environment for existing communities. The site lies within the Manchester and Salford Pathfinder and the residential component to this scheme will help to create sustainable communities. The residential elements of the proposal are therefore considered appropriate, particularly in the context of a mixed use scheme. The applicant refers to a mix of 1, 2 and 3 bedroomed accommodation, some with large gardens. Such a mix is to be welcomed but the precise form of development will only be resolved at the detailed stage of the planning process. The policies in the Plans concerning employment land and premises have also been developed in the Draft Replacement Unitary Development Plan to reflect a more realistic approach to both the re-use of old dilapidated industrial uses and the creation of new and relevant working environments. The application includes 2437 sq m. of retail/commercial floorspace which will provide for modern employment opportunities consistent with employment polices of the Unitary Development Plan. There is a clear emphasis on the residential component in this application, (the supporting statement confirms that the commercial uses would be confined to a single block of development fronting Trinity Way). Whilst this option provides the least “mix” of land uses the site needs to be considered in the context of the Regional Centre where there is an established and developing mix of land uses. The site immediately adjoins the Regional Centre (the boundary lies along Trinity Way) and hence may be regarded as an extension of the Regional Centre in terms of both the site density and the mix of land uses. Whilst the application site does have an emphasis on residential development it is very much associated with the developing mix of land uses within the Regional Centre. The scale and density of development proposed: The scale of development is undoubtedly high and in terms of the residential elements equates to over 215 dwellings per hectare. The only practicable way to achieve this density is by constructing a high-rise built form. The indicative proposals show that the buildings will be between 8 and 10 storeys high. The applicant has also indicated that with this option much of the ground floor accommodation will be residential with private open space. The density proposed is again consistent with strategic policies for this part of the urban core and in particular those associated with the Regional Centre but the issue remains as to how this will impact on local residents and whether the development can meet adequate design standards to produce a high quality development. In terms of the local communities the applicant has met with residents and confirmed a commitment to work with the residents to overcome their specific concerns (as outlined by the two 86 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 representations referred to above). The Central Salford Urban Regeneration Company has raised the issue of whether the quality of development will be compromised by the scale of the development. Answers to these questions cannot be given at this stage of the process as all matters are reserved. An assessment of the quality of the development and the impact of the designs on the local community will be an issue for future applications. The density alone is not necessarily a cause for concern unless the high-rise option is not acceptable in principle. Based on the indicative layouts and the indicative height of development, I am satisfied that the amount of development is not prejudicial to the delivery of an acceptable layout and appropriate space standards, and the achievement of a good quality development. The outline transport assessment has indicated that the existing highway infrastructure is capable of accommodating development without significant physical alterations. The site is also well located in respect of public transport routes and the rail network. The issue of specific details required to facilitate development are not for consideration at this stage. These details need to be the subject of further study and a more detailed analysis, to be required by condition, but at this stage I have no objections to the principles of the development in the context of traffic and transportation. The request from the GMPTE for a Travel Plan is considered to be a reasonable one in that having regard to the scale of development it would be sensible to aim to towards minimising use of the car and maximising access to public transport and cycling and pedestrian facilities. CONCLUSION I am satisfied that the redevelopment of this site for a mixed use development incorporating residential and retail/commercial uses is acceptable and consistent with the applicable strategic and spatial policies. The scale of the development and the high rise building solution that will be required is consistent with other development in Central Salford and is appropriate to this location. The development and the proposed details would make a positive contribution to the area and would result in the redevelopment of a vacant and unused land and buildings. RECOMMENDATION 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 environmental improvements, open space and recreation space in compliance with the Chapel Street Regeneration Strategy and Policies H6 and H11, H8 and SPG7. Subject to the following Conditions 87 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 1. Standard Condition B01B New reserved matters 2. Standard Condition B01X Reserved Matters 3. 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 commuted sums as required by the Chapel Street Planning Obligations Development Control Policy Note and by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for environmental improvements, open space and recreation space purposes. 4. 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 commuted sums as required by the Chapel Street Planning Obligations Development Control Policy Note and by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for environmental improvements, open space and recreation space purposes. 4. Prior to the first occupation of any part of the development the developer shall submit a travel plan for the approval of the Local Planning Authority. The travel plan shall address measures to reduce the reliance on the private car to access the site, the methodology for which shall be agreed by the Local Planning Authority prior to submission. Once approved such measures shall be implemented and shall thereafter be maintained 5. Prior to submission of any reserved matters a full and detailed Transportation Assessment shall be submitted and approved by the Local Planning Authority. Any amendments or additions to the existing infrastructure required by the assessment shall be implemented prior to the first occupation of any development. 6. That before development commences the detailed design of the riverside walkway and public realm space shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be implemented prior to the first occupation of any dwelling and shall be maintained at all times thereafter. 7. No development shall commence until details of the existing and proposed levels have been 88 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 submitted to and approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved levels. 8. Any facilities for the storage of chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Local Planning Authority for approval. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or 25% of the total combined capacity of the interconnected tanks whichever is the greatest. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. 9. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from the River Irwell shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with, the site being drained. Roof water shall not pass through the interceptor 10. No development shall be commenced until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning authority. Such a scheme shall be constructed and completed in accordance with the approved plans 11. No development shall commence unless and until the necessary consents have been obtained for the closure of any rights of way. 12. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. 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 Local Planning Authority 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 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 Local Planning Authority. 89 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 13. No individual A1 or D2 unit located within the development shall have a gross floorspace of more than 700sq.m. 14. Externally mounted plant and equipment shall be insulated in accordance with a scheme submitted to and approved by the Local Planning Authority before the development hereby approved is first brought into use. Such works shall be completed before first use and shall be retained at all times thereafter 15. Prior to commencement of development, full details of a scheme for the management, destruction and/or disposal of Japanese knotweed and Giant Hogweed shall be carried out by the developer, submitted to and approved in writing by the Local Planning Authority. This scheme shall include a timetable for implementation. Should a delay of more than one year occur between the date of approval of the management scheme and either the date of implementation of the management scheme or the date of development commencing, a further site survey must be undertaken and submitted to the Local Planning Authority for approval in order to ensure that the agreed scheme is still applicable 16. Prior to the commencement of development an air quality assessment shall be submitted to and approved in writing by the Local Planning Authority The report shall predict the effect of the development on air quality and risk of public exposure against the air quality objectives set out in the National Air Quality Strategy (Air Quality Regulations 2000) for the following pollutants: Nitrogen Dioxide and PM10. Details of measures to be put in place or actions taken to reduce the impact of the development on air quality shall be included in the report. The development shall only take place in accordance with the findings of the air quality assessment report as approved by the Local Planning Authority 17. Prior to the commencement of any building works on site, the applicant shall submit for written approval an assessment of noise likely to affect the application site. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network including Trinity Way, and any other local noise sources including Industrial and Commercial Uses both in the immediate vicinity of the site and those along Trinity Way, Mary Street and Great Ducie Street which are deemed significant on the site. The assessment shall also identify noise sources created within the scope of the development. 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 Summer Cooling and Rapid Ventilation. 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 and thereafter retained. 18. Noise from fixed plant and machinery on the site (LAeq,t) including shall not exceed the background level (LA90,t) at the boundary of the nearest noise sensitive properties at any time. 90 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 19. Details of the fume extraction system serving the hotel and any other A3/A4/A5 uses shall be designed such that there will be no odour or noise nuisance to local premises and shall be approved in writing by the Local Planning Authority prior to the development taking place. The approved system shall be installed and shall be used at all times when the premises are used for cooking or preparing foods. The system shall be maintained and serviced in accordance with manufacturers recommendations 20. The lighting provided in the scheme shall be erected and directed so as to avoid nuisance to residential accommodation in close proximity. Guidance can be obtained from the Institute of Lighting Engineers which relates to these matters (Guidance Notes for the Reduction of Light Pollution). I would recommend the lighting be designed to provide a standard maintained illumination (LUX) of between 5 and 20 LUX with the lower level being the preferable one. 21. Prior to the commencement of the development, the developer shall submit a Dust Management Plan for the written approval of the Local Planning Act. The Dust Management Plan shall identify all areas of the site and site operations where dust may be generated and further identify control methods to ensure that dust does not travel beyond the site boundary. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control dust fail, the site shall cease all material handling operations immediately until the dust control equipment has been repaired or replaced 22. Prior to the commencement of the development, the developer shall submit a Noise Management Plan for the written approval of the LPA. The Noise Management Plan shall identify all areas of the site and site operations where Noise from construction works may be generated and further identify control methods to ensure that Noise does not create problems to nearby noise sensitive properties. Once in place, all identified measures shall be implemented and maintained at all times. Should any equipment used to control noise fail, the site shall cease all construction operations within 1 hour until the noise control equipment has been repaired or replaced. 23. Any trees or buildings on the site which are to be felled/removed and which have the potential to provide bat roosts shall be surveyed by a competent specialist one month prior to their felling/removal. If the presence of bats is recorded mitigation measures shall be first submitted to and agreed in writing by the Local Planning Authority. The felling/removal of such trees/buildings shall be carried out in accordance with the approved mitigation measures. 23. To ensure the ecological interest on the site is maintained in accordance with policies EN7C, EN7D and EN7E of the City of Salford Unitary Development Plan - Revised Deposit Draft Replacement Plan. (Reasons) 1. Standard Reason R001 Section 92 91 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 2. Standard Reason R002 Reserved Matters 3. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with the Chapel Street Planning Obligations Development Control Policy Note and policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 4. To ensure that proper accessibility by public transport, cycling and walking is provided in accordance with policy A1 of the City of Salford Revised Deposit Draft Unitary Development Plan 5. Standard Reason R016A Safety of traffic 6. Standard Reason R041A Access for people with disabilities 7. Reason: To ensure that the development is subject to minimum risk of flooding and to safeguard the amenity of the future occupants of the development in accordance with policy DEV 1 of the City of Salford Unitary Development Plan 8. To prevent pollution of the River Irwell in accordance with policy EN20 of the City of Salford Unitary Development Plan 9. To prevent pollution of the River Irwell in accordance with policy EN20 of the City of Salford Unitary Development Plan 10. To ensure a satisfactory means of drainage in accordance with policy EN20 of the City of Salford Unitary Development Plan. 11. Standard Reason R026A Interests of highway safety 12. Standard Reason R028A Public safety 13. To ensure compliance with policies EC8 of Regional Spatial Strategy and Policy S2B of the City of Salford Unitary Development Plan - Revised Deposit Draft Replacement Plan. 14. Standard Reason R024A Amenity of future residents 15. To prevent the spread of invasive Japanese knotweed and Giant Hogweed in accordance with policy EN20 of the City of Salford Unitary Development Plan 16. To minimise the effect on local air quality in accordance with policy EN20 of the City of Salford Unitary Development Plan. 17. Standard Reason R024A Amenity of future residents 92 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 18. Standard Reason R024A Amenity of future residents 19. Standard Reason R024A Amenity of future residents 20. Standard Reason R024A Amenity of future residents 21. Standard Reason R024A Amenity of future residents 22. Standard Reason R005A Amenity-neighbours APPLICATION No: 05/51404/LBC APPLICANT: Wilterton Ltd LOCATION: Crown Theatre Church Street Eccles M30 0LZ PROPOSAL: Listed Building Consent for the partial demolition of building, retention of elevations to Church Street and Mather Road, erection of five storey rear extension and conversion of existing building to form 37 apartments and two retail units WARD: Eccles DESCRIPTION OF SITE AND PROPOSAL This application relates to the ‘L-shaped’ former Crown Theatre, Church Street, Eccles. The building is Grade II Listed and was last used as a bingo hall. It has been vacant for the last 20years and is now a building at risk of being lost. This application should be considered alongside the application for Planning Permission (05/51089/FUL). To the north of the site is a sign making company, beyond which are residential properties. Planning permission was approved in November 2004 for the demolition of the sign making company and the erection of a terrace of four dwellings (04/49160/FUL). To the east of the site are flats set in landscaped gardens. To the south, on the opposite side of Church Street, is an open grassed area with a public footpath running through. To the west, on the opposite side of Mather Road but fronting Church Street, is a parade of retail premises, some with flats above. Beyond this parade is the Patricroft Key Local Centre (60m away). 93 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The proposal is to convert the existing building and to erect a five-storey rear extension to provide 37 apartments together with retail space at ground floor (232m2 floorspace of which 110m2 is retail storage). There is an existing single storey rear extension that was a later addition to the building. It is proposed to demolish this extension to create 8 on-site car parking spaces, cycle and bin storage and a small area of landscaping. Three new angled windows, which would project between 1 and 1.2m from the eastern elevation and which would extend the full height of the building are also proposed. These would be set back 8m, 10.8m and 13.2m from the front elevation. In addition, a similar projecting structure is proposed to provide balconies to the living rooms of three of the residential units (at first, second and third floor levels). These balconies would again project from the eastern elevation but would be set back 1.1m from the front elevation. They would project 2.2m. All four window/balcony structures would be finished in timber cladding. The 5-storey rear extension would form part of the east facing elevation and would project 12.5m in a northerly direction (from the rear of the building) to form a small courtyard as detailed above. The extension would be approximately 8.7m wide and would be supported on stilts to allow for additional parking at ground floor level. It would be constructed from a mixture of brickwork, render and glass block and would incorporate circular feature windows in the east facing elevation. Projecting from the east facing elevation (made up of both the existing building and the proposed extension) would be a new 5-storey external staircase together with a series of 5 balconies (one for each floor). The staircase and balcony structure would collectively measure 7.8m X 2.7m and would be set back 15.2m from the front elevation. This structure would be constructed from glass block and render. Alterations to the main roof of the building are proposed which would result in an increase in its height at the rear of 2.4m. The small roof extension would be recessed from the main faēade by 0.3m and would be constructed from brickwork that would contrast with the existing elevations to highlight it as a modern addition. Due to variations in floor levels within the building, various alterations to window openings are also proposed. In addition, two new double door openings are proposed in the front elevation (south) to serve the proposed retail units. SITE HISTORY 04/48824/COU and 04/48818/LBC – No decision has been issued on these applications. The developer has stated his intention to withdraw these applications following a decision on the current applications. In March 2003, planning permission was refused for the erection of one 5 storey block of 19 two bedroom apartments together with the creation of new vehicular access (03/45454/FUL) 94 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 In December 2002, a planning application was withdrawn for the erection of one five storey block of 19 apartments together with creation of new vehicular access (02/45093/FUL). CONSULTATIONS The Theatres Trust – Although concern is raised with regard to level of demolition and reconfiguration of architectural elements, it is accepted that more sympathetic uses are unviable because of the overall cost of repair and restoration. Therefore, they support the scheme on the basis that the external shell will be restored to make this a landmark building for the area. However, they are of the opinion that more extensive restoration of the main theatre elevation should be carried out to compensate for the extensive internal demolition. They request specifically that the following restorations/details be considered: The parapet pinnacles, relief moulding and pyramid-shaped roof; The canopy; and The details of the new entrance doors. It is also requested that a condition be attached for a record of the internal elements to be made prior to the commencement of development. English Heritage – Objection is raised to the loss of the principle staircase and clarification is requested with regard to the re-use of the cast iron columns. However, since their comments the scheme has been amended to allow retention of the principle staircase. Ancient Monuments Society – support the views of the Theatres Trust. The Victorian Society – no comments received. Government Office for the North-West – no comments received. The Council for British Archaeology – An initial response was received on 13th October requesting a copy of the listing description. This was faxed on 27th October and no further comments have been received since. Society Protection of Ancient Buildings – no comments received. The Georgian Group – no comments received. PUBLICITY A press notice was published on 29th September 2005. 95 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 A site notice was displayed on 21st September 2005. REPRESENTATIONS I have received no letters of representation / objection in response to the application publicity. REGIONAL SPATIAL STRATEGY Policies: ER3 Built Heritage ER4 Contribution of Built Heritage to Regeneration UNITARY DEVELOPMENT PLAN POLICY Site specific policies: H7/1 Housing Area Improvement and Renewal – Private Sector Other policies: EN12 Protection and Enhancement of Listed Buildings Conservation Areas REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: none Other policies: CH2 Works to Listed Buildings PLANNING APPRAISAL The main issues relating to this application are the change of use of the building to residential and retail uses, and the impact of the internal and external alterations on the building. Change of use of the Building Policy CH2 states that a change of use from the original use of a listed building will only be permitted where it is not practical or economically feasible to continue that original use, or a new use is required to secure the long-term future of the listed building. Policy EN12 encourages new uses for Listed Buildings where it can be shown that the buildings are no longer able to support their original use. The building has been vacant for 20years and is now seen as a building at risk of being lost. It is unrealistic to expect that the building will be brought back into use as a theatre. Therefore, I am satisfied that the conversion of this listed building will secure its long-term future and am satisfied with the principle of development. Impact of the development on the Listed Building Policy ER3 seeks to protect, conserve and enhance the built heritage of the Region. Policy ER4 seeks to use the Regions built heritage to drive forward urban regeneration. Policy CH2 states that proposals involving the alteration or change of use of a listed building will only be permitted where they would preserve or enhance the character and features of special architectural or historic interest that contribute to the reasons for its listing. This is reiterated in Policy EN12. 96 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The former Crown Theatre is a landmark building for Eccles and is in a very prominent location. At present it is falling into severe dis-repair and is in need of significant investment. This proposal would provide the necessary investment to bring the building back into use which would in turn act as a catalyst for the regeneration of the wider area. The proposal would retain the main frontages of the building and would result in their repair and cleaning. Given the extensive demolition that is taking place and the advice of the Theatres Trust, a condition has been attached for three original features of the building which were above the front (Church Street) elevation to be re-instated. These are: The parapet pinnacles; Relief moulding; and Pyramid-shaped roof. To make the conversion of the building economically viable, a large 5-storey extension is proposed to the rear. The extension would marry with the east facing elevation and would respect the scale and massing of the parent building. The modern materials proposed for the extension, as with the other additions to the building, would distinguish them from the original Theatre and would result in notable contrasts. The alterations proposed respect the character and setting of the listed building and, in my view, would contribute to the organic history of the building in accordance with Annex C5 of Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15). The proposal also seeks to reuse the existing ten cast iron columns as features within a common space area. Two flights of the main decorated staircase will be retained. The character of the interior as a cinema would be effectively removed and remodelled for residential use but this is outweighed by the retention and reuse of external shell of the building. PPG15 advises that specific information should be provided to justify any demolition works that that are proposed. These are:The marketing history. A survey of the condition of the building. Economic justification comparing the development costs with the end values. I am satisfied with the marketing that has been carried out which accords with the requirements contained in PPG 15. I am satisfied that it is unlikely that the building would ever be converted back to its original use as a theatre and that the current proposal is acceptable and will secure the long-term future of the building. An economic justification and building condition survey has also been provided. The report sets out the current condition of the vacant building, estimates the cost of the proposed conversion, together with the expected minimal profit from the sale of all apartments. This clearly indicates that to reinstate the building as a theatre is uneconomic. VALUE ADDED TO DEVELOPMENT 97 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Timber windows will replace the UPVc windows originally proposed and extruded aluminium rainwater pipes and gutters will replace the plastic originally proposed. This will enhance the character of the listed building. Half-height decorative railings have been incorporated into the development for several of the ground floor windows fronting Mather Road. This would contribute to the character of the listed building whilst improving the security for future residents. Reinstatement of the pyramidal tower cap, pinnacles and relief moulding. Re-use of the 10 cast iron columns and the retention of the main staircase within the building have been agreed following negotiation. CONCLUSION The main issues relating to this application are the change of use of the building to residential and retail uses, and the impact of the internal and external alterations on the building. I am satisfied that the residential and retail use of the building has been adequately justified and will secure the long-term survival of the building. I am also satisfied that the alterations proposed are sympathetic to the building and are necessary to make the proposal economically viable. 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 external elevations of the development have been submitted to and approved in writing by the Local Planning Authority. 3. The materials to be used for the windows of the development shall be timber, the style and finish of which shall be agreed in writing by the Local Planning Authority prior to the commencement of development. The materials to be used for the rainwater pipes and gutters shall be extruded aluminium. 4. No development shall commence until a method statement for cleaning the brickwork and terracotta has been submitted to and approved in writing by the Local Planning Authority. Only the approved method of cleaning shall be employed. 5. No development shall commence until a method statement for cleaning the brickwork and terracotta has been submitted to and approved in writing by the Local Planning Authority. Only the approved method of cleaning shall be employed. 5. No development shall commence until the interior of the building has been fully recorded in accordance with a method statement to be agreed in writing previously with the Local Planning Authority. 6. No development shall be commenced until details for the provision of replica parapet 98 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 pinnacles, relief moulding and a pyramid tower cap above the Church Street elevation of the building have been submitted to and approved in writing by the Local Planning Authority. The parapet pinnacles, relief moulding and a pyramid tower cap shall be carried out in accordance with approved details prior to the first occupation unless otherwise agreed in writing by the Local Planning Authority. 7. Prior to the commencement of development, detailed elevations for the retail units shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented as part of the approval hereby granted consent. (Reasons) 1. Standard Reason R038 Section 18 2. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. 3. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. 4. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. 5. To ensure a record of the Listed Building is collated to protect its historical significance. 6. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. 7. To ensure the development respects the character of the listed building in accordance with policy EN12 of the adopted City of Salford Unitary Development Plan. Note(s) for Applicant 1. This approval relates to the amended plans that were received on 1st December 2005. 2. With regard to the replica tower cap, pinnacles and relief moulding, please contact Mark Price from the Theatres Trust [(020) 7836 8519] for further advice before the scheme is submitted to the City Council. 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. 99 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 APPLICATION No: 05/51472/FUL APPLICANT: Taylor Woodrow Developments Ltd LOCATION: Land Lumns Lane And Agecroft Road Pendlebury Swinton PROPOSAL: Erection of seven - three storey buildings comprising 96 apartments together with associated landscaping, car parking and construction of new vehicular access WARD: Pendlebury The application site is currently vacant and undergoing remediation works in relation to a previous planning application approved on the site (04/47881/FUL). The previous application was for the erection of 58 dwellings and 96 apartments. The site has changed owners and the current application relates to amendments of the 96 apartments. The whole site is bounded by the railway line to the west and Agecroft Road to the south, beyond which are residential properties. To the north of the site is the area for the proposed Slack Brook Country Park and to the east is Lumns Lane. The proposed development comprises 96 two bedroom apartments in seven three storey buildings. There would be 118 car parking spaces associated within the site including 11 disabled spaces and 20 cycle spaces. Vehicular access into the site would be from Agecroft Road. The apartments would be surrounded by dwellings to the east, south and west of the site. To the north would be the proposed Slack Brook Country Park. The dwellings surrounding the apartments have not yet been constructed. SITE HISTORY In March 2005 planning permission was granted for the erection of 58 dwellings and 96 apartments with associated car parking together with the creation of a new vehicular access of Agecroft Road. The application also includes the provision of a footpath / cycle way through the site linking Agecroft Road to the proposed country park (ref: 04/47881/FUL). In February 2004, a full planning application was submitted for the erection of 60 residential dwellings on part of the application site, with associated car parking together with the creation of a new vehicular access and alterations to an existing pedestrian access, the application was withdrawn. (ref: 04/47878/FUL) 100 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 In February 2000, planning permission was granted for the erection of 56 dwellings with vehicular access off Agecroft Road (ref: 99/39133/FUL) In March 1998, planning permission was granted for the erection of 115 dwellings with vehicular access off Lumns Lane (ref: 97/36458/FUL) CONSULTATIONS Director of Environmental Services – recommends a condition requiring details of noise protection measures and contaminated land Greater Manchester Passenger Transport Executive – advises that the site is poorly served by public transport, but that the layout of the scheme does take account of pedestrian safety through the provision of road humps and footpath links. Network Rail – no comments received to date Greater Manchester Geological Unit – comments received relating to contamination and a number of conditions have been recommended Environment Agency – No objection recommends a condition relating to surface water United Utilities – no objection but recommends a separate drainage system for the site Police Architectural Liaison Officer – no objections subject to adequate fencing PUBLICITY 2 – 30 (evens) Agecroft Road 1 – 6 Park Lane West 4 – 7 Frankby Close 2 – 38 (evens) Pendlecroft Avenue Biffa Waste 1 – 7 Lock Keepers Mews 1 – 7 (odds) Kilcoby Avenue 1 – 7 Bolbury Crescent REPRESENTATIONS I have received two letters of objection and in response to the planning application publicity. The following issues have been raised:Loss of trees Neighbour conflicts 101 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 UNITARY DEVELOPMENT PLAN POLICY Site specific policies: H9/16 – Sites for New Housing – Lumns Lane/Agecroft Road, Pendlebury (3.3ha) EN5 – Nature Conservation EN17 – Croal-Irwell Valley EN23 – Croal-Irwell Valley Other policies: H4 – Housing Allocation DEV1 – Development Criteria DEV2 – Good Design T13 – Car Parking T2 – Network of Major Roads of More Than Local Importance T10 – Pedestrians EN20 – Pollution Control EN10 - Landscape REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: EN6 – Irwell Valley EN7D – Wildlife Corridors R4 – Key Recreation Areas Other policies: DES1 – Respecting Context H1 – Provision of New Housing Development H8 – Open Space Provision Associated with New Housing Development DEV7 – Amenity of Users and Neighbours A1 – Transport Assessments and Travel Plans A8 – Impact of Development on the Highway Network A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments A2 – Cyclists, Pedestrians and the Disabled DES9 – Landscaping EN13 – Contaminated Land DES11 – Design and Crime INSPECTOR’S REPORT Draft policy EN6 – recommended no further modifications Draft policy EN7D – recommended no further modifications in relation to this site Draft policy EN13 – recommended no further modifications 102 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Draft policy R4 – recommended only minor amendments 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 DES7 - recommended no changes to this policy. Draft policy DES9 – recommended minor amendments Draft policy DES11 - recommended no changes to this policy. Draft Policy DES13 – recommended no changes to policy. Draft policy A1 – recommended no further modifications Draft policy A2 – recommended no further modifications Draft policy A8 – recommended no further modifications Draft policy A10 - recommended only relatively minor amendments Draft policy H8 – recommended a number of changes but the thrust of the policy remains the same. Draft policy EN6 – recommended no further modifications PLANNING APPRAISAL I consider the main issues in the determination of this planning application to be: whether the principle of the proposed development is acceptable, whether the proposal would provide adequate access into the site; whether the applicant would make an appropriate contribution to the provision of open space; whether issues of contamination have been taken into account, whether the layout and design of the site is acceptable; and whether the proposal complies with the relevant provisions of both the Adopted and Revised Deposit Draft UDP. I will deal with each in turn below The Principle of the Proposed Development Adopted Policy H9/16 identifies the application site as a site for new housing, in accordance with Policy H4. It states that outline planning permission for the development of the site for residential purposes was granted in 1987. As the site lies on the edge of the proposed Slack Brook Country Park, the reasoned justification states that pedestrian access into the Country Park should be provided as part of the housing development. 103 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Draft Policy H1 states that new housing development should, inter alia, contribute to the provision of a balanced mix of dwellings within the local area, provide a high quality residential environment and make adequate provision for open space. Draft Policy EN6 states that development within the Irwell Valley will not be permitted where it would be contrary to a number of factors, including where it would reduce public accessibility of the valley, result in the unacceptable loss of land of acknowledged recreational value or have an unacceptable impact on important views into, through or within the valley. Draft Policy R4 states that planning permission will only be granted on land within, adjoining or directly affecting a Key Recreation Area where it would be consistent with a number of objectives, including the protection and enhancement of the existing and potential recreational use of the area, the protection and improvement of the amenity of the area, the provision of public access for walking and cycling and the provision of open land recreational uses. The site is located within the Croal-Irwell Valley and an area of search for wildlife habitats and corridors in both the Adopted and Revised UDPs, and is also allocated for recreational purposes in the Revised Deposit Draft Replacement UDP under Policy R4. The site has an extant permission for the erection of 58 dwellings and 96 apartments including the provision of a footpath / cycle way through the site linking Agecroft Road to the proposed country park. The current application seeks to amend the apartment element of the previous planning application. The current application would be linked to the extant permission by amending the existing Section 106 Legal Agreement, to include the proposal set before the panel. The amended Section 106 would ensure the provisions of the footpath / cycle way agreed by the extant permission. I am therefore of the opinion that the proposal complies with the policies above and I am therefore satisfied that the principle of the proposal is acceptable. Impact on the Highway Network 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. Adopted Policy T2 states that the Council will safeguard the network of roads of more than local importance, including the A6044 Agecroft Road. Proposals likely to have a materially harmful impact on the network’s ability to accommodate appropriate traffic flows will only be permitted if they include measures to deal with that impact. Draft Policy A8 states that development will not be permitted where it would have an unacceptable impact on highway safety and on the ability of the Strategic Route Network to accommodate 104 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 appropriate traffic flows. The A6044 Agecroft Road is identified as forming part of the Strategic Route Network. 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. In terms of car parking within the site, it is proposed to provide 118 parking spaces. This would be 12 less than that approved on the application earlier in the yearI consider the proposed level of car parking to be acceptable and accords with Adopted Policy T13 and Draft Policy A10. Open Space Policy H6 requires adequate provision of informal open space and children’s play within new housing developments. This policy is linked to Policy H11 which sets out a sliding scale for such provision. Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments. In accordance with the above policies, the applicants have agreed to make a contribution towards open space. This would be through a combination of on-site provision and the provision of a commuted sum towards open space in the vicinity. The proposed footpath/cycle link and the wooded area to the rear of the site would constitute the on-site informal open space provision. The existing Section 106 agreement would be amended to reflect the current application. This is in accordance with Adopted policies H6 and H11 and the Council’s Supplementary Planning Guidance on open space. Contamination and Landfill Gas Adopted Policy EN20 states that the Council will support and encourage measures to reduce land contamination and noise. It states that development such as housing will not normally be permitted where existing pollution, including land contamination, is unacceptable unless it can be demonstrated that the development includes sufficient improvement measures to reduce the nuisance to an acceptable level. Draft Policy EN13 requires the submission of a site investigation report with planning applications for the development of contaminated sites. In accordance with Draft Policy EN13, the applicants have submitted a site investigation report with the application. This has been considered by the GMGU. The site has been previously been landfilled and is a gassing site. Having received advice from the GMGU on the previous planning application, I have attached a number of conditions relating to landfill gas in order to ensure that the safety of future residents is not compromised. The S106 agreement also makes requirements of the applicants in respect of contamination. Given the previous permissions for residential 105 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 development on the site, and in light of the conditions attached and the contents of the S106 agreements, I am satisfied that this application accords with Adopted Policy EN20 and Draft Policy EN13. Layout and Design of the Proposal 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 visual appearance of the development. 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 EN10 states that the City Council will protect and enhance landscape quality through the provision of improved standards of landscaping within all new developments. 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 DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development which would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. Draft Policy DES9 states that landscaping should be of a high quality, reflect the character of the area and the development, not detract from safety and security and form an integral part of the development. Given the siting of the proposed apartments and the distance between the application site and neighbouring residential properties, I am satisfied that there would be no unacceptable loss of privacy or detrimental impact on the amenity of existing residents as a result of this proposal. The proposed apartments would be an adequate distance to the proposed dwellings that would surround the current application site. I am of the opinion that the application accords with Adopted Policy DEV1 and Draft Policy DES7. Samples of materials have been provided as part of the application and I am satisfied that the materials are of a suitably high quality and in keeping with the surrounding area, in accordance with Adopted Policy DEV2 and Draft Policy DES1. I have attached a condition requiring details of landscaping within the site. I am satisfied that this will ensure that the landscaping meets the criteria of Draft Policy DES9. Other Issues 106 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 One objector is concerned regarding the loss of trees on the site. The extant and previous permission also necessitated the loss of the majority of the trees on the site. The majority of the trees are self seeded and are not worthy of protection and I therefore have no objection to their loss. I have attached a condition requiring the submission, approval and implementation of a landscaping scheme for the site, which will include a number of replacement trees. I consider that a well-designed landscaping scheme will enhance the area. The adjacent land user Biffa Waste has objected on the grounds that future occupation of the site could lead to constraints on the development of the adjacent development. No previous objections have been received from Biffa Waste and they suggest careful consideration of noise attenuation. I have attached a condition requiring a noise assessment. VALUE ADDED TO DEVELOPMENT The applicants will enter into a Section 106 Agreement to secure public access along the footpath/cycle link and through the wooded area and contributions towards the provision and maintenance of open space and in the area. CONCLUSION On balance, I am satisfied that the application is acceptable. This proposal would be an amendment to the extant permission and would provide a satisfactory footpath/cycle link from Agecroft Road to the proposed Country Park. I am satisfied that the conditions will ensure that the landscaping, materials, footpath/cycle link and wooded area would be of a suitably high standard and that future residents would not be detrimentally affected by contamination. I therefore make the following recommendation: 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. Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. Prior to the commencement of building works, the applicant shall submit for written approval to the Local Planning Authority a scheme detailing precise noise protection measures to allow all habitable rooms to achieve the requirements of BS8233:1999. This assessment shall also 107 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 identify additional measures (if deemed necessary) to allow all habitable rooms either facing or with a direct line of sight to Agecroft Road, Lumns Lane or the Railway line to achieve the requirements of BS8233:1999 whilst allowing for the provision of summer cooling and rapid ventilation. Once agreed by the Local Planning Authority, all measures shall be incorporated and maintained thereafter. 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. Notwithstanding the provisions of Article 3 and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (and any subsequent amending order), there shall be no development within the curtilage of any dwelling hereby approved as defined in Part 1 of Schedule 2 of the above Order without the prior grant of planning permission by the Local Planning Authority. 5. No development approved by this permission shall commence until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the approved details prior to first occupation of any of the dwellings hereby approved, unless agreed otherwise in writing by the Local Planning Authority. 6. No development shall be started until: a) The site has been subjected to a detailed scheme for the investigation and recording of all contamination, including soil/ground contamination and its potential to be harmful to human health and to pollute the water environment, and a report has been submitted to and approved by the Local Planning Authority b) Detailed proposals to protect future occupiers and to prevent pollution of groundwater and surface waters in line with current best practice for the contaminant monitoring protocols, remediation of such contamination and confirmatory testing has been submitted to and approved in writing by the Local Planning Authority. These contamination proposals shall be carried out either before or during such development as appropriate. c) If further contamination is identified during development then the contamination proposals shall be revised and the revisions submitted to and approved by the Local Planning Authority 7. Prior to the commencement of development detailed designs of the gas protection measures shall be submitted to and approved in writing by the Local Planning Authority. This shall include all details of the gas control schemes for the site and individual properties, details of the gas vent stacks, the method of connection between the stacks and the Geofin, the method of connection around service entries to the houses and the layout of foundation down stands. 108 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 8. The development hereby approved shall not be brought into use until the means of vehicular access from Agecroft Road has been constructed and laid out in accordance with the approved plans. 9. Prior to the commencement of the development hereby approved, a scheme showing the provision of waste recycling facilities within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to first occupation of any of the dwellings hereby approved, unless agreed otherwise in writing by the Local Planning Authority. 10. Car parking within the site shall be laid out in accordance with the details shown on drawing no. 12138 PSP01 Revision H and shall be made available at all times. 11. Prior to the commencement of the development hereby approved, full details of the location and design of cycle storage, bin storage and recycling facilities within the site shall be submitted to and approved in writing by the Local Planning Authority. Such approved cycle and bin stores and recycling facilities shall be constructed in accordance with the approved details and shall be made available for use prior to the first occupation of any unit and retained thereafter. 12. 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 and H11 of the City of Salford Adopted UDP, Policy H8 of the Revised Deposit Draft Replacement UDP and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for open space and recreation space purposes. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R024A Amenity of future residents 3. Standard Reason R004A Amenity-area 4. Reason: In order to protect occupiers from landfill gas 5. Reason: In order to reduce the risk of flooding 6. To prevent future occupiers, prevent pollution and to assess the risks to the water environment 109 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 7. The site has been landfilled in the past and contains landfill gas and measures are required to prevent this becoming a hazard to occupiers 8. Standard Reason R026A Interests of highway safety 9. Reason: In order to encourage waste recycling, in accordance with Policy MW11 of the Adopted City of Salford Unitary Development Plan 10. Standard Reason R012A Parking only within curtilage 11. In order to encourage the use of more sustainable transport modes and in order to encourage waste recycling, in accordance with Policy A10 of the Revised Deposit Draft Replacement Unitary Development Plan and Policy MW11 of the Adopted City of Salford Unitary Development Plan 12. 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. 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. 2. The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk 3. The applicant is advised that trickle vents may not be able to achieve adequate rapid cooling for rooms. The Environmental Protection Team may be contacted for further advice on 0161 737 0551. 4. The applicants attention is drawn to the attached letter from United Utilities APPLICATION No: 05/51558/REM 110 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 APPLICANT: Williams Tarr Developments Ltd LOCATION: Land Between Cadishead Way Irlam Wharf Road Irlam PROPOSAL: Reserved matters application for siting, design, external appearance, means of access and landscaping for the erection of two industrial units (totalling 10,216 sq.m) WARD: Cadishead DESCRIPTION OF SITE AND PROPOSAL The site is within the Northbank Industrial Estate and is currently vacant. The site is adjoined by an industrial unit to the southeast, and new industrial units under construction to the north. The application includes 2 blocks of development. The first block lies adjacent and parallel to Cadishead Way and is to be divided into 9 units averaging 500sq.m. Access to these units will be off Irlam Wharf Road via the existing development under construction and approved under application reference 04/48821/FUL. The units will replicate those under construction in terms of height (8.6 metres) design and appearance. There are to be 89 parking spaces (including 9 for disabled persons), 10 cycle parking spaces and 4 motorcycle parking spaces. A HGV vehicle turning area will be provided at the head of the cul de sac in an area which will also be used as loading facilities for two of the units. The second block is proposed as a single unit warehouse of 5,600 sq.m. which has a separate dedicated access off Irlam Wharf Road. This unit would be considerably taller at 15 metres in height but would also be of similar design details and materials. There are to be 42 parking spaces (including 5 for disabled persons), 10 cycle parking spaces and 4 motorcycle parking spaces. Adjoining Irlam Wharf Road is to be a large surfaced area for the parking and turning of HGVs. Associated with this large warehouse unit are 2 external silo type sprinkler tanks and a pump housing. The application indicates landscaping strips to both highway frontages but the details of these are reserved for further approval. SITE HISTORY 95/33608/TPDC – Reclaiming of land for future development – approved in 1995 96/35170/TPDC – Erection of distribution warehouse with ancillary offices – approved in 1996 03/45992/OUT - Outline consent or B1, B2, B8 uses- approved in 2003 04/48821/FUL – 16 industrial/warehousing units approved in 2004 111 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 CONSULTATIONS Environment Agency – No objections subject to conditions Health and Safety Executive – No comments received (previously no objections) Northbank Management Company – no comments received. (previously no objections) Architectural Liaison Officer – no comments received (previously no objections) Manchester Ship Canal Company – no comments received (previously no objections) Trafford MBC – no comments received. (previously no objections) PUBLICITY A site notice was displayed on 11.11.2005 A Press Notice was published on the 17.11.2005. There are no neighbour addresses to be notified. REPRESENTATIONS I have received no letters of representation / objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY Policy DP1 – Economy in the Use of Land and Buildings Policy DP3 – Quality in New Development UR4 Setting Targets for the Recycling of Land and Buildings UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC13/31 – Sites for Industry and Warehousing Other policies: DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime T13 – Car Parking REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: E3/9 – Sites for Employment Development A9/6 – Provision of New Highways 112 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Other policies: ST3 – Employment Supply E5 - Development Within Established Employment Areas. DES1 – Respecting Context DES7 – Amenity of Users and Neighbours. A1 – Transport Assessments and Travel Plans A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments DES11 – Design and Crime INSPECTOR’S REPORT Draft Policy DES1 – recommended only minor changes Draft Policy DES7 – No modifications recommended. Draft Policy A1 – recommended no changes other than the Council’s own pre-inquiry changes ST3 – recommends minor amendments only. E5 – recommends minor amendments only. Draft Policy A10 - recommended only relatively minor amendments Draft Policy DES11 - recommended no changes to this policy. PLANNING APPRAISAL The principle of the proposed development has been established via the granting of outline consent. The remaining planning issues are the design of the development and the impact of the development on the neighbouring users. Design of the development Policy DEV2 states that the Council will not normally grant planning permission for new development unless it is satisfied with the quality of design and the appearance of the development. Policy DES1 states that development will be required to respond to its physical context. The proposed units would be comparable in design to surrounding industrial units and I am satisfied that the landscaped zones proposed are adequate, and would soften the visual impact of the development. Policies T13 and A10 seek to achieve appropriate provision of parking for new developments. Planning Policy Guidance Note 13 – Transport and Policy A10 seek to encourage the use of more sustainable forms of travel such as public transport, cycling and car sharing. Therefore, one of the measures encouraged is maximum level of parking. I am satisfied with the provision proposed and have negotiated additional facilities for motorcycle and bicycle provision. 113 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 In addition, Policy A1 requires large developments to be accompanied by a Travel Plan as a measure to encourage more sustainable forms of travel. The applicant has agreed to the principle of a Travel Plan and a condition has been attached. Policies DEV4 and DES11 seek to encourage the inclusion of design measures, which reduce criminal activity. The comments of the Police Architectural Liaison Officer are awaited but a quality 2.4 metre high fence has been agreed with the applicant. The details of landscaping are to be a further reserved matter. Impact of development on the neighbouring users Policy DEV1 states that the City Council will have regard to a number of factors in determining planning applications including the relationship to the road network, the likely scale and type of traffic generation, and the arrangements for servicing and access to the proposed development. This is reiterated in Policy DES1. Policy DES7 states that development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments. Given that the site is located within an existing industrial area, I am satisfied that the proposal would not have a detrimental impact on the amenity of neighbouring occupiers. I have no objections on highway grounds. VALUE ADDED TO DEVELOPMENT The parking provision has been amended to provide for cycle and motorcycle parking. Furthermore, the principle of a Travel Plan has been agreed with the applicant. Enlarged perimeter landscaping. Improved vehicle turning facilities. Improved pedestrian access. Agreed boundary fence details. CONCLUSION I am of the opinion that the design of the buildings and layout of the development is consistent with the policies contained within the UDP, and are acceptable. I therefore recommend approval. RECOMMENDATION: Approve Subject to the following Conditions 1. 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 Director of Development Services. 2. Prior to the first occupation of the development a Travel Plan shall be submitted to and 114 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 approved by the Local planning Authority. The Plan as approved shall be implemented thereafter monitored and targets met in accordance with the details within the Plan. 3. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans. 4. Prior to being discharged into any watercourse, surface water sewer or soak away system, all surface water drainage from vehicle parking shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor. 5. Any facilities for the storage of chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Director of Development Services for approval. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to 110% of the capacity of the largest tank, or 25% of the total combined capacity of the interconnected tanks whichever is the greatest. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. 6. The parking and vehicular turning facilities shall be made available prior to the first occupation and shall be retained thereafter at all times (Reasons) 1. Standard Reason R004A Amenity-area 2. To ensure that proper accessibility by public transport, cycling and walking is provided in accordance with policy A1 of the City of Salford Revised Deposit Draft Unitary Development Plan. 3. To ensure a satisfactory means of drainage. 4. To ensure a safe form of development that poses no unacceptable risk of pollution. 5. To ensure a safe form of development that poses no unacceptable risk of pollution. 6. Standard Reason R012A Parking only within curtilage Note(s) for Applicant 115 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 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. APPLICATION No: 05/51627/FUL APPLICANT: Equion Services Support (Manchester) Limted LOCATION: Swinton PFI Police DHQ Chorley Road Swinton M30 7LB PROPOSAL: Retention of Police Divisional Headquarters without complying with Condition 6 (emergency access) on planning permission 01/43362/FUL WARD: Swinton North DESCRIPTION OF SITE AND PROPOSAL This application relates to the Swinton Police Station Divisional Head Quarters on Chorley Road in Swinton. The application is to remove Condition 6 of planning permission 01/43362/FUL: ‘The Union Street access shall only be used for emergency egress and ingress’. The police station is located on the western side of Swinton District Centre. It lies to the north of Crompton House and formally contained Albert Mill. It’s western boundary lies along the rear gardens of houses on Lower Sutherland Street, its southern boundary to open space, its eastern boundary to Union Street with its frontage to Chorley Road. SITE HISTORY In March 2001 outline planning permission was granted for the erection of police divisional headquarters (01/41868/OUT). In February 2002 planning permission was granted for the erection of a Divisional Headquarters Police Station with associated landscaping, car parking and construction of new vehicular access (01/43362/FUL). CONSULTATIONS Director of Environmental Services – No comments received. PUBLICITY 116 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 The following neighbour addresses were notified: 2 – 16 (E) Crompton Street 2 – 14 (E) Lower Sutherland Street 18 – 28 (E) Lower Sutherland Street 38 and 40 Lower Sutherland Street 224 – 230 (E) Chorley Road 227 – 263 (O) Chorley Road 273 – 289 (O) Chorley Road 1 Abbey Drive REPRESENTATIONS I have received one letter in response to the planning application publicity. The following issues have been raised: Union Street is in a poor condition Residents parking scheme for Crompton Street 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: DES7 – Amenity of Users and Neighbours INSPECTOR’S REPORT Draft Policy DES7 - The report of the Planning Inspector into the objections to the replacement plan has recommended no changes to this policy. PLANNING APPRAISAL The main planning issues relating to this application are: whether there would be an unacceptable impact on the amenity of nearby residents on Crompton Street by removing the condition. Adopted Policy DEV1 and Revised Policy DES7 state development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments. 117 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 This application has been submitted on behalf of the police following several meetings with local residents and councillors. The headlights from vehicles exiting onto Chorley Road from the police station and the lights and noise from blue light traffic is having an unacceptable impact on the residents of Chorley Road who live opposite the main vehicular entrance/exit of the police station. It is proposed that the Union Street exit would continue to be used at all times by blue light traffic for egress and in hours of darkness the office staff would also leave the station through the Union Street exit. In day light hours the Chorley Road exit could be used by all vehicles. Condition 6 of the original application (01/43362/FUL) stated Union Street could only be used by emergency egress and ingress and so this would need to be removed in order to resolve the problem of disturbance and nuisance to Chorley Road residents. The rear elevations of residential properties on Crompton Street face Union Street. They currently have the situation where emergency blue light traffic can exit onto Union Street and along to Chorley Road. The distance from the nearest rear elevation to the exit point of the station on Union Street is approximately 40m. I do not consider there would be a significant increase in noise or disturbance from office staff using Union Street to egress during hours of darkness due to this distance, whereas the residents on Chorley Road currently suffer from lights shining directly into the windows at the front of their properties. CONCLUSION In conclusion, I consider that the removal of Condition 6 of planning permission 01/43362/FUL is acceptable, as it would not have a significant unacceptable impact on the amenity of the occupiers of the residential properties on Union Street in terms of noise and disturbance. 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. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No traffic shall egress from the police station main access to Chorley Road between dusk and dawn. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R005A Amenity-neighbours 118 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 APPLICATION No: 05/51677/FUL APPLICANT: P Janjic LOCATION: 82 Green Lane Eccles PROPOSAL: Retention and modification of existing house WARD: Eccles DESCRIPTION OF SITE AND PROPOSAL The application relates to a new end of terrace property on Green Lane, on the corner of Cromwell Road. The proposal is to broadly retain the size and shape of the property as built, with alterations to the exterior appearance, in order to ensure that it is more in accordance with the property previously approved (see site history below). Alterations to size of dwelling The design of the house to be retained differs from that previously approved in a number of ways. The whole side elevation of the house is 0.8m wider than approved, now being a maximum of 6.8m wide. The gable wall of the house immediately adjoins an open grassed area on the corner of Cromwell Road. The original scheme had proposed a detached garage at the rear, set approx 5.5m away from the house and accessed from the rear alley. The house as built has extended the two storey out rigger to a length of 6m, instead of 2.95, and linked the garage into the rear. The ridge line of the house is now 300mm higher than the height of the original house. Design and appearance The house has been built in a poor brick match to the front elevation, stone quoins and stone sills at the front and render along the whole gable wall and the rear. The proposal is to remove the quoins, render and front brickwork and re-brick the whole front and side elevation in a Flemish bond in order to reflect the style of the rest of the terraced block. The windows on the front elevation are to be removed and replaced with traditional sash windows in keeping with the rest of the block. The masonry around the windows on the front and side elevation will be removed and replaced with brick camber arches above and stone sills below. A solid timber door would replace the uPVC front door. The rear elevation would remain rendered. SITE HISTORY Planning permission was granted in August 2002 for a new terraced house at the end of an existing block. (ref. 02/44031/FUL). Construction was started but the house was not built in accordance with the approved scheme.. 119 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 As the applicant continued to build without complying with the original planning permission and enforcement notice was served in November 2004. The applicants appealed against the enforcement notice. A subsequent appeal was dismissed, the notice was upheld and planning permission was refused. The applicants were either required to totally demolish the house by 13th September 2005 or re-build it in strict accordance with the approved scheme by 13th December 2005 CONSULTATIONS Environmental Services – no objections. PUBLICITY A site notice was displayed on 15th November 2005 The following neighbour addresses were notified: 72 – 78 Green Lane 169 and 216 Cromwell Road REPRESENTATIONS I have received no letters of representation / objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY DP1 Economy in the Use of Land and Buildings DP3 Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: H1 Meeting housing needs, DEV1 Development Criteria, DEV2 Good Design REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: H1 Provision of New Housing Development, DES1 Respecting Context, DES7 Amenity o Users and Neighbours INSPECTOR’S REPORT DES1 – Minor modifications general thrust remains the same 120 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 DES2 – Recommends modifications to the reasoned justification DES7 – No modifications PLANNING APPRAISAL The main planning issues relating to this application are the design of this new house and the effect on the appearance of the street scene and the neighbouring residents from the retention of the property. Both H1 policies seek to ensure housing needs are met. I am of the opinion that the proposal is in accordance with H1, in that it would be suitable for family accommodation and would be on previously developed land. Policies DEV1, DEV 2, DES1 and DES7 seek to ensure that the development is acceptable in its size and siting, it is of good design and it reflects the surrounding character and design of the area. Alterations to size The house, as it has been built does not totally reflect the design and character of the surrounding area, particularly the rest of the terraced block. The ridge has been built 300mm higher than the adjoining house. However, I do not consider that in itself, the higher ridge line would adversely affect the street scene and leave the block unbalanced, particularly as the house at the other end of the block is also higher. The overall width of the house is now 0.8m wider, but again I do not consider that this leaves the property as out of keeping with the rest of the block as this gable extends into a grassed bank area which then adjoins Cromwell Road. Therefore the visual effect of the house does not create an over dominant appearance in the street scene. The two storey outrigger at the rear has now increased in size and linked to the single storey garage, which previously would have been detached. It now projects out 6m from the rear of the main body of the house. Therefore I have assessed the possible impact on the occupiers of no. 80. The new house is set to the north of no. 80. The terraced properties at the rear on Cromwell Road are off-set and not immediately behind no. 80. The out rigger is also set 2.5m in from the boundary with no. 80. Therefore I would consider that the overall circumstances would reduce the overshadowing and overbearing impact on the occupiers of this property. In considering this impact I am also mindful that the occupiers have not objected to the scheme. There are two new side facing window at first floor level that have been installed so that they are side facing towards no. 80 and its garden/yard area. I do not have concerns about the bathroom window, which is frosted. However, there is also a bedroom window. Such a window would not normally be allowed because of the possible loss of privacy to the neighbours. I would consider that it would be possible for this window to be moved either to the rear of the gable wall without having an adverse impact on either the house to the rear or the street scene. Therefore, having discussed it with the agent, I propose a condition to require details of a replacement window to be agreed and to be installed as part of the work, while the existing one is removed. 121 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Design and appearance. The proposed removal of the render and brickwork and its replacement with new bricks constructed in a Flemish bond would match the construction of the rest of the terraced block. Also the proposed change to the window and door design would ensure that the building would be much more in keeping. If this external appearance could be improved, I am of the opinion that the impact of the new house in the street scene would be greatly reduced. The size and shape of the windows in the side elevation would not be altered. However, given that they face into the side street and it is still intended to include brick camber arches and stone sills, I do not consider that the windows would be detrimental to the street scene. It is proposed to retain the render to the rear wall and to the inner wall facing no. 80 Green Lane. This is not the prominent elevations, and the some of other properties in the block also have render on rear elevation. Therefore I have no objections to this render remaining. Four trees were removed from the site in order to construct the house. These trees were not protected nor were they worthy of a preservation order, in the opinion of the City’s Arboricultural Officer. However, a condition was originally applied to require replacement planting and I would consider that it would still be appropriate to require eight replacement trees to be planted. An initial PPG24 noise assessment was carried out by Environmental Services for the previous planning application and it concluded that the development would fall into category C. Therefore a condition requiring a noise assessment to be undertaken to ensure that the property was constructed in order to ensure that the future occupiers were not adversely affected from external noise in the area. It is not clear whether adequate noise insulation has been provided and therefore I recommend that a condition be attached to require this to be adhered to. VALUE ADDED TO DEVELOPMENT A condition is recommended to require the approval of the facing materials in order to ensure a higher quality of appearance is achieved. Also conditions would require the planting of replacement trees and adequate measures to mitigate against noise nuisance. CONCLUSION The principal of a new residential unit on this site was previously accepted. However, the design of the house as has been constructed is out of character with the surrounding house. I am satisfied that the alterations proposed with this new application would ensure that the property would be much 122 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 more in keeping. Therefore I do not consider that this would have an adverse impact on the neighbouring residents or the street scene. It is clear that the time has elapsed for the applicant to comply with the terms of the enforcement notice upheld by the Planning Inspector. Action could still be taken against non-compliance with the notice, However, the applicant seeks to comply with the principle s of the second option in the notice, but with an amended house type. Having regard to the fact that the Inspector allowed 6 months for the applicant to comply with the originally approved plan, I consider it reasonable that a similar period is allowed for this scheme to be completed. RECOMMENDATION: Approve Subject to the following Conditions 1. Within six months of the date of this decision, demolish the dwelling as far as is necessary and rebuild it strict accordance with the approved plans no. A181 004 Rev C, and scheme to be submitted and approved for the replacement bedroom window, in accordance with condition 2. 2. Within one month of the approval of this application, a scheme to brick up the south facing bedroom window and replace it with a new window in the north or east elevation shall be submitted and approved in writing by the the Local Planning Authority. This scheme shall be implented during the alterations to the property hereby approved and in accordance with the timescales of Condition 01. 3. No rebuilding works shall be started until samples of the facing materials to be used for the brickwork of the development have been submitted to and approved in writing by the Local Planning Authority. The house shall be rebuilt in accordance with the approved samples. 4. Eight replacement trees shall be planted in accordance with a scheme that has first been approved in writing by the Local Planning Authority in the next available planting season between November to March, and this condition shall not be considered to have been complied with until the replacement trees have been established. Any trees dying within five years of planting shall be replaced. 5. Within one month of the date of this approval the developer shall undertake an assessment and submit a report to the Local Planning Authority determining the external noise levels that the residents in the house will be subject to (day and night). The assessment shall take into consideration the expected noise from surrounding development and traffic movements. The developer shall detail what steps are to be taken to mitigate any disturbances. The assessment shall have due regard to PPG24 Planning and Noise. This report shall be approved in writing before the rebuilding works commence and any mitigation measures shall be completed as part of the overall approved scheme. (Reasons) 123 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 1. Standard Reason R004A Amenity-area 2. Standard Reason R005A Amenity-neighbours 3. Standard Reason R004A Amenity-area 4. Standard Reason R004A Amenity-area 5. Standard Reason R024A Amenity of future residents 124 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 APPLICATION No: 05/51450/DEEM3 APPLICANT: Community Health And Social Care Directorate LOCATION: Hollybank Eccles Old Road Salford M6 8RA PROPOSAL: Alterations and erection of extension to existing garage to provide drop in centre WARD: Langworthy DESCRIPTION OF SITE AND PROPOSAL This application relates to Hollybank – a supported residential home for people with mental health problems. Hollybank is located within a predominantly residential area with residential properties to the north, south and west of the site. The land to the east of the site is used for commercial purposes. It is proposed to erect a single storey extension to the existing garage and then to convert the garage into an information point and drop in centre for users of the mental health services provided by Salford City Council. The Centre would be open Monday to Friday between 9am and 4pm. There would be 2 members of staff. Users of the centre will be able to drop in to pick up leaflets on the service provided by Salford as well as to arrange a formal interview with one of the centres 2 staff members during which the individuals needs will be assessed and the best sources of information/help identified. PUBLICITY A site notice was posted on the 7th of October 2005. The following neighbour addresses were notified: 1 to 6 Oden House, 395 Langworthy Road 7 to 27 (excluding 13) Theatre House, 397 Langworthy Road Salford Education Careeers Service, 36 Eccles Old Road 52 to 60 (even) Eccles Old Road 2 to 10 (even) Castleway 2 to 18 (even) Ashcroft Avenue 105 to 116 Humphrey Booth Gardens 17 to 24 Humphrey Booth Gardens REPRESENTATIONS I have received one letter of representation/objection in response to the planning application publicity. The following issues have been raised – 125 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 11. Increased traffic and resultant car parking problems. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV1 – Development Criteria DEV2 – Good Design SC9 – Health Care Facilities T13 – Car Parking REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: DES1 – Respecting Context DES7 – Amenity of Users and Neighbours A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments EHC1 – Provision and Improvement of Health and Community Facilities INSPECTOR’S REPORT Draft Policy DES1 – Draft Policy A10 - recommended only relatively minor amendments Draft Policy DES7 – No modifications recommended. Draft Policy A10 - Draft Policy A10 - recommended only relatively minor amendments Draft Policy ECH1 – No modifications recommended PLANNING APPRAISAL I consider the main issues in the determination of the application to be whether the design of the proposed extension and the proposed windows/ doors that would be inserted to facilitate conversion would be in-keeping with the existing building and whether the proposed conversion and opening of an information point/drop in centre would have an adverse impact upon the residential amenity currently enjoyed by neighbouring residents. 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. The proposed extension is well designed with a flat roof that matches that of the original building. The windows and doors that would be inserted to facilitate the conversion of the existing garage into the proposed information point/drop off centre are of a similar design/style to those contained within the existing building and therefore I do not therefore have any concerns with the proposed development in design terms, particularly as the site of the proposed development is set within the grounds of Hollybank, away from the main frontage to the street. 126 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 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 is the impact on neighbouring residents. Draft Policy DES7 states that development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The proposed extension would be an infill development. The extension would therefore be set further in from the site boundaries than the existing building. The removal of the existing garage door and its replacement with windows and a door would not have an adverse impact upon neighbouring residents as the land to the east of the site is not used for residential purposes. The proposed development would not have an adverse impact upon the residential amenity currently enjoyed by neighbouring residents by way of overlooking or overshadowing. The centre is a low-key use that will operate primarily on an appointment basis thus reducing the numbers of people visiting the unit on an ad hoc basis as individuals that drop in will only be able to pick up leaflets or browse the net to investigate services offered and to book an appointment. This in combination with the fact that the site is well served by public transport means that I am of the opinion that the proposed information point/drop in centre would not generate a significant amount of additional vehicular traffic to the site nor would it create unacceptable levels of noise and disturbance. The proposed conversion would result in the loss of 2 staff car parking spaces. I do not feel that this would be detrimental to highway safety as the 10 remaining on site are in my opinion adequate for the existing and proposed uses. Policy SC9 of the adopted UDP states that City Council will encourage the safeguarding, maintenance, and improvement of health care provision throughout the City. This commitement to improving health care facilities across the city is reiterated by Policy ECH1 of the Revised UDP. The proposed extension would contribute towards improving the health care facilities available to the people of Salford and consequently the proposal is in accordance with Policy SC9 of the adopted UDP and Policy ECH1 of the Revised UDP. CONCLUSION In conclusion, I am satisfied that the amenity of existing or future residents of neighbouring properties would not be unacceptably detrimentally affected as a result of this scheme and that the design of the proposed extension and garage as converted 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: 127 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The facing materials to be used for the walls, roof and windows 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. 3. Standard Condition M04 Landfill gas (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R007A Development-existing building 3. Standard Reason R024A Amenity of future residents Note(s) for Applicant 1. In order to satisfy the requirements of condition 3 guidance contained within CIRIA report 149 (referring specifically to characteristic situation No.2) should be followed. 128 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 15th December 2005 129