PLANNING & TRANSPORTATION REGULATORY PANEL
PART I
SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 3rd February 2005
APPLICATION No:
04/48546/FUL
APPLICANT:
Dairmiles Developments Ltd
LOCATION:
37 Cavendish Road Salford 7
PROPOSAL:
Demolition of existing building and erection of a part three/four
storey building comprising six apartments together with
associated landscaping and car parking
WARD:
Kersal
DESCRIPTION OF SITE AND PROPOSAL
This application relates to 37 Cavendish Road, Salford 7. It is
proposed to demolish the existing building and erect a part
three/part four storey building comprising six apartments. The
property is vacant at present. It was last used as a nursery, prior
to which it was a dwelling. The existing building is predominantly
two storey. There is however a single storey garage to the east,
adjacent to the boundary with No. 39. The site is located in a
predominantly residential area. To the north of the application site
is a large piece of land which previously accommodated a tennis court.
The proposed building would have a 20m frontage to Cavendish Road and would be a maximum
of 24.2m in length. It would be a minimum of 9.4m from the back of the footpath on Cavendish
Road. Due to the changes in levels on the site, the proposed building would be three storeys at the
front and four storeys at the rear. At the front, the building would be 11.7m high to the ridge and at
the rear it would be 13.7m high. Car parking would be provided on the ground floor of the building
and would be accessed directly from Cavendish Road.
SITE HISTORY
In 1995, planning permission was refused for the change of use from a domestic dwelling to use
for education purposes (94/33341/COU).
In 1989, an outline application for residential development on land to the rear of 37 Cavendish
Road was withdrawn (ref: E/24959).
In 1986, planning permission for the conversion of the existing swimming pool to a children’s
nursery/play centre was approved (ref: E/19961).
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In 1983, planning permission for the change of use from a dwelling house to a residential home for
the elderly was refused (ref: E/15594)
In 1974, planning permission for the erection of 15 no. 1 bed flats, 12 no. 2 bed flats and 1 no.
penthouse, including garages and car parking facilities, on land at 37 Cavendish Road was refused
(ref: E/300)
CONSULTATIONS
Director of Environmental Services – no comments received to date
Environment Agency – no objections
Broughton Park Residents’ Association – no comments received to date
PUBLICITY
The following neighbour addresses were notified:
29 – 35 (O), 39 – 43 (O), 20 – 38 (E) Cavendish Road
REPRESENTATIONS
I have received objections from nine local residents. Several residents have however sent more
than one letter. The following issues have been raised:
Overshadowing/loss of light
Increase in traffic
Increase in noise
Out of character with what is a ‘green and wild’ area
Loss of privacy
The building is too high
There are too many flats in the area
The value of neighbouring properties would be reduced
Out of character with the surrounding area
Councillors Connor and Wilson have both requested that the application be determined by the
Panel.
REGIONAL SPATIAL STRATEGY
Site specific policies: none
Other policies: none
UNITARY DEVELOPMENT PLAN POLICY
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Site specific policies: DEV10 – Broughton Park Development Control Policy
Other policies: H1 – Meeting Housing Needs
DEV1 – Development Criteria
DEV2 – Good Design
EN7 – Conservation of Trees and Woodlands
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: none
Other policies: H1 – Provision of New Housing Development
DES1 – Respecting Context
DES7 – Amenity of Users and Neighbours
EN10 – Protected Trees
PLANNING APPRAISAL
I consider the main issues in the determination of this application to be: whether the principle of
the proposal is acceptable; whether the design of the proposed building is acceptable; whether the
proposed building would have a detrimental impact on the trees within and adjoining the site and
whether this would have a detrimental impact on the amenity of the area; whether the design of the
proposed building is acceptable; whether there would be a detrimental impact on the amenity of
neighbouring residents; and whether the application accords with the policies of the Adopted and
Revised Deposit Draft Replacement UDP.
Principle of the Proposal
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.
Adopted Policy DEV10 states that planning permission for development within Broughton Park
where a number of criteria are satisfied, including maintaining the predominantly residential
character of the area, having regard to matters of siting, design and height, and, in the case of the
redevelopment of existing properties, it can be demonstrated that the existing property cannot be
retained and converted economically for an acceptable use appropriate to the residential character
of the area.
Draft Policy H1 states that new housing development should contribute to the provision of a
balanced mix of dwellings within the local area.
The application site is located in a predominantly residential area and the property was used for
residential purposes prior to its conversion to a nursery. The site is also located within the area
covered by the Broughton Park Development Control Policy (Adopted Policy DEV10), which
encourages the maintenance of the predominantly residential character of the area. This proposal
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would maintain the residential character of the area. One of the objectors is concerned that there
are too many flats within this area. I can however confirm that the majority of properties in the
vicinity are houses and I do not consider that this application would result in an oversupply of the
number of flats in the area. The proposed development would however be contrary to criterion (iii)
of Adopted Policy DEV10, which, in the case of the redevelopment of existing properties, requires
it to be demonstrated that the existing property cannot be retained and converted economically for
an acceptable use appropriate to the residential character of the area. The applicants have not
submitted such information and I am not therefore in a position to assess whether the demolition of
the existing property and the subsequent redevelopment of the site is acceptable. I therefore
consider the application to be contrary to this criterion of Adopted Policy DEV10.
Trees
Adopted Policy EN7 states that the Council will encourage the conservation of trees and woodland
by supporting the retention of trees, woods, copses and hedgerows.
Draft Policy EN10 states that states that development which would result in the unacceptable loss
of, or damage to, protected trees will not be permitted.
All the trees along the Cavendish Road frontage of the site are protected by a Tree Preservation
Order (TPO4). In addition, trees to the rear and side of the existing building are protected by
TPO295, which is provisional.
In accordance with the Council’s Supplementary Planning Guidance on trees, the applicants have
submitted a tree survey. The site has been visited by the Council’s arboricultural officer, who
agrees with some of the recommendations in the applicant’s tree report, relating to the removal of
a number of trees along the frontage of the site, all which are in a poor condition, subject to their
replacement on a two for one basis. It is proposed to fell a total of nine trees. However, a sycamore
currently overhangs the existing single storey garage and although the proposed building would
not be closer to the tree than the existing building, it would be significantly higher. The tree survey
states that, to accommodate the proposed building, the tree would be pruned back to ‘appropriate
points’ to the boundary. The Council’s tree officer is of the opinion that this would have an
unacceptable detrimental impact on the tree and would greatly reduce its amenity value and visual
impact. An apple tree, located adjacent to the application site, and a horse chestnut, within the site,
would also be similarly pruned. Given the importance of the treescape in this area, I consider that
the proposed building would have an unacceptable detrimental impact on the amenity of the area
due to the proposed pruning and loss of these trees. I am also doubtful that the required number of
replacement trees (eighteen) could be accommodated within the application site. I do not consider
that the benefits accrued from the removal of a vacant building and the re-use of the site outweigh
the detrimental impact on amenity which would be caused as a result of this application. The
applicant has not submitted any justification to support the pruning and loss of these trees. I am
therefore of the opinion that the application is contrary to Adopted Policy EN10 and Draft Policy
EN7.
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Design
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.
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 proposal has been amended from that originally submitted and the conservatories to the front
and rear of the proposed building have been replaced by balconies. The plans indicate that there
would be a parking area on the ground floor of the building which would accommodate six
vehicles. The front elevation does not provide full details of the ground floor, as it shows vehicles,
trees and boundary treatment which obscure the ground floor. I therefore have insufficient
information to assess the appearance of the proposed building and whether it would be in keeping
with the character of the surrounding area.
Amenity
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, the size and density of the proposed development and the effect on
sunlight, daylight and privacy for neighbouring residents.
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.
The proposed building would be 4.2m from the side elevation of 35 Cavendish Road. There would
be no habitable room windows in the western elevation of the proposed building. There are a
number of windows in the side elevation of no. 35, the majority of which are also non-habitable.
There is however a bedroom window on the second floor, which is the only window to that room.
Whilst the existing building is only 3.9m from the gable of No. 35, it is single storey adjoining the
boundary, increasing to two storey. The proposed building would be three storeys in height. A
distance of 9m is ordinarily required between habitable room windows and gable walls on the
same level in order to ensure that residential amenity would not be adversely affected. The
distance in this instance is less than half of that ordinarily required. I consider that, given the height
of the proposed building and its proximity to no. 35, it would be overbearing and would have an
unacceptable detrimental impact on the amenity of the residents of no. 35, contrary to Draft Policy
DES7.
Other Issues
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Turning to other issues raised by local residents, the value of land and property is not a material
planning consideration and is not therefore a matter on which any weight can be placed in the
determination of this application.
In terms of highway safety and increases in traffic, I am of the opinion that the six flats proposed
by this application would not result in a significant increase in traffic on the surrounding roads or
have an unacceptable detrimental impact on highway safety. I have not received any objections to
the application from the Council’s Traffic Management Control Section and do not therefore
consider that such concerns warrant refusal of the application in this instance.
In relation to noise, the proposal is for residential accommodation and I do not consider that six
additional apartments would result in a significant increase in noise in the area. I therefore have no
objections to the application in this regard.
Finally, whilst there are a significant number of trees within Broughton Park and within and
adjacent to the application site, I do not consider it to be a ‘green and wild’ area.
CONCLUSION
In conclusion, I am of the opinion that the proposed development would have a detrimental impact
on the amenity of the area through the proposed substantial pruning and loss of a number of trees
protected by a Tree Preservation Order, contrary to Adopted Policy EN7 and Draft Policy EN10. I
also consider that the proposed development would have an unacceptable detrimental impact on
the amenity of neighbouring residents, namely those of 35 Cavendish Road, due to the siting and
height of the proposed building, contrary to Draft Policy DES7. There is insufficient information
to enable the design of the proposed building, namely the front elevation, to be assessed fully, and
the applicant has not submitted any information to support the demolition of the existing building,
contrary to Adopted Policy DEV10. I therefore recommend that the application be refused.
RECOMMENDATION:
Refuse For the following Reasons:
1. The proposed development would result in the substantial pruning of trees T1 and T3 (as
shown on drawing no. 5416.10) which are protected by the City of Salford Tree Preservation
Order No 4 and the City of Salford Tree Preservation Order No 295 respectively. This would
have an unacceptable detrimental impact on the amenity of the area, contrary to Policy EN7 of
the Adopted City of Salford Unitary Development Plan and Policy EN10 of the Revised
Deposit Draft Replacement UDP.
2. The proposed development would, by virtue of its height and location, have an unacceptable
detrimental impact on the amenity of neighbouring residents, namely those of 35 Cavendish
Road due to its overbearing nature on the second floor habitable room window. The
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application is therefore contrary to Policy DES7 of the Revised Deposit Draft Replacement
Unitary Development Plan.
3. Insufficient information has been submitted to enable the acceptability of the design of the
front elevation of the proposed building to be fully assessed.
4. The applicant has not submitted any economic justification to demonstrate that the existing
property cannot be retained and converted economically for an acceptable alternative use.
The application is therefore contrary to Policy DEV10 of the Adopted City of Salford Unitary
Development Plan.
APPLICATION No:
04/49291/FUL
APPLICANT:
Tupelo Ltd
LOCATION:
Land Bounded By Viaduct Street King Street Queen Street And
Blackfriars Road Salford 3
PROPOSAL:
Demolition of existing buildings and erection of 12 blocks of 3-15
storeys comprising 578 apartments, 2295sm of class A1, A2 and
B1, retail/office floorspace, 428 parking spaces & associated
landscaping
WARD:
Ordsall
DESCRIPTION OF SITE AND PROPOSAL
This application relates to the sites of the Honda and Smart car dealerships on Blackfriars Road.
The site covers an area of just under 1 hectare and is bounded by Blackfriars Street to the west,
Viaduct Street to the south beyond which is the railway viaduct and King street to the north beyond
which lies industrial premises, surface car parking and cleared sites.
It is proposed to demolish the buildings on the site and erect a series of individual buildings set on
a raised podium. The site lies within the Exchange, Greengate area where the City Council is
working with Ask Property Developments and Network rail to secure the transformation of the
area. Opposite the site on Blackfriars Road are a number of Listed Buildings including the Tennis
and Rackets Club.
The proposals have been developed in parallel with the Strategic Development Framework for the
Exchange, Greengate area.
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The proposals would include four rectangular towers set in pairs at right angles to Blackfriars
Road. These towers would be 15 and 13 storeys high and would lie in the heart of the site. Around
the perimeter of the site would be smaller buildings, ranging in height between eight and three
storeys all of which would contain active uses at ground floor level.
The two 15 storey blocks are located closer to Trinity Way and are half the width of the 13 storey
blocks. The higher blocks are located opposite the Listed Buildings on Blackfriars Road but are
set back from the perimeter of the road frontage by between 4m and 19m. In addition the smaller
buildings around the perimeter of the site that are at back of pavement are much more comparable
with the Listed Buildings in terms of height.
The development would comprise a total of 578 apartments and 2300sq.m of retail and
commercial floorspace in a number of small units. A total of 428 car parking spaces would be
provided on two basement levels. A new street would be formed in the centre of the site that would
connect Blackfriars Road to King Street. Vehicular access into the site would be from Viaduct
Street and the new road that bisects the site.
It is proposed to use a mottled blue/black brick with a semi-glazed finish, that takes its cue from
the dark brickwork of the adjacent railway viaduct, to the perimeter base of the development and to
four small three storey commercial buildings that are located on the King Street frontage between
the taller blocks. On the upper storeys of the four towers there would be a mix of grey terracotta
rainscreen and glazing with frameless glass balustrades to balconies. On the upper storeys of the
other buildings there would be a mix of the same dark brick, render and Douglas fir rainscreen
boarding.
SITE HISTORY
There is no site history relevant to the application.
CONSULTATIONS
Greater Manchester Archaeological Unit – The site has significant archaeological interest and a
condition should be attached ensuring that a programme of archaeological works takes place.
United Utilities – No objections but provides advice.
Director of Environmental Services – No comments to date.
Police Architectural Liaison Officer – No response to date.
Environment Agency – Requires removal of ground floor A3 uses due to conflict with lst floor
residential accommodation. Applicant has agreed to this amendment. Also recommend a numer of
conditions regarding acoustif glazing.
PUBLICITY
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The application has been advertised by means of both site and press notices
The following neighbour addresses were notified:
5 to 11, 27 to 33, 43 and the Black Friar public house Blackfriars Road
39, 47, 51 and 55 Queen Street
27 Gravel Lane
REPRESENTATIONS
I have received no letters of representation / objection in response to the planning application
publicity.
REGIONAL SPATIAL STRATEGY
Site specific policies: none
Other policies: DP1 Economy in the Use of Land and Buildings, SD1 The North West
Metropolitan Area – Regional Poles and Surrounding Areas
UNITARY DEVELOPMENT PLAN POLICY
Site specific policies: EC14/2 Improvement Proposals
Other policies: DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, T13
Car Parking, EN12 Protection and Enhancement of Listed Buildings, H1 Meeting Housing Needs,
H6 and H11 Open Space Provision Within New Housing Developments, CS3 Central Salford.
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: MX1/1 Development in Mixed Use Areas
Other policies: DES1 Respecting Context, DES7 Amenity of Users and Neighbours, DES11
Design and Crime, DEV6 Incremental Development, H1 Provision of New Housing
Development, H8 Open Space Provision Associated with New Housing Developments, A10
Provision of Car, Cycle and Motorcycle Parking in New Development, CH4 Development
Affecting the Setting of a Listed Building.
PLANNING APPRAISAL
The main planning issues relating to this application are the principle of the development, whether
the design, form and layout of the proposal accords with the relevant provisions of the
development plan and whether the proposal is acceptable in relation to the Listed Buildings on
Blackfriars Road.
The Principle of Residential Development
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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.
National planning policy guidance is also relevant. PPG3: Housing highlights the need to develop
previously developed brownfield sites and where appropriate higher densities should be
considered. PPG3 also states that, when considering conversions, a more flexible approach is
required with regard to densities, car parking, amenity space and overlooking.
The site has previously been developed and is a brownfield site, as such, I consider that the
principle of the redevelopment of this site for residential accommodation is acceptable and accords
with the thrust of the policies highlighted above.
Design, Layout and Interface Distances
Adopted policy DEV1 states that the City Council will have regard to a number of factors when
dealing with applications for planning permission. These factors include the location of the
proposed development and its relationship to existing land uses, the relationship to the road
network, the potential for noise nuisance, the visual appearance of the development and the effect
on neighbours.
Adopted policy DEV2 states that the City Council will not normally grant planning permission
unless it is satisfied with the quality of design and the appearance of the development and policy.
Adopted Policy DEV4 encourages greater consideration of crime prevention and personal and
property security in the design of new development. Regard will be had to a number of factors
including the provision of security features.
The proposed development is located within the Greengate Masterplan area. The applicant has
sought o ensure that the design, siting and layout of the new buildings will reflect the proposals for
the redevlopment of the wider area as set out in the draft masterplan. In this respect, I follows the
design principle of locating tallr buildings towards the outer edges of the Greengate Area.
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 DES11 updates Policy DEV4 of the Adopted UDP.
Policy DES7 of the Revised Deposit Draft Replacement UDP requires all new developments to
provide potential users with a satisfactory level of amenity. Development which would have an
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unacceptable impact on the amenity of the occupiers or users of other developments will not
normally be permitted.
The site lies within the regional centre and it is not considered that the usual privacy and
overlooking distances are appropriate in this part of the city. A minimum of 20m is maintained
between each of the blocks. This is comparable with other developments within the regional
centre and is considered acceptable. I consider that sufficient amenity space is provided within the
site in the form of high quality hard landscaping and planting. These internal amenity areas are
gated and there is a high level of security incorporated into the scheme.
With regard to the design I consider this to be of high quality. The scheme has been assessed by
both the Council’s head of architecture and by Peter Hunter, the Council’s architectural consultant,
and they are of the opinion that this is a well thought out and well executed scheme that will
significantly improve the environment of the local area.
Effect on Listed Buildings
Policy EN12 states that the Council will not normally permit any development that would be
detrimental to the setting of a Listed Building or the environmental quality of the surrounding area.
Policy CH4 states that planning permission will not be granted for development that would have an
unacceptable impact on the setting of any listed building.
The reasoned justification to policy CH4 states that the setting of a listed building forms an integral
part of its character, and may consist of adjoining open space or nearby buildings that form part of
the street scene. In this instance there are two Listed Buildings on the opposite side of Blackfriars
Road, the Real Tennis and racquets Club at 33 Blackfriars Road and the old Manchester Baths at
31 Blackfriars Road. The facade on that side of the road is continuous and made up of buildings of
varying heights which present a broken skyline.
The proposal deliberately provides a series of lower buildings that vary in height on the street
frontage. The taller blocks are deliberately set back from the street frontage and at right angles to
it, thus creating a street scene that echoes and compliments the existing southern facade of
buildings.
I consider that the proposal has a positive effect on the setting of the Listed Buildings as it removes
from the site the inappropriate and poorly designed car showrooms that did not complement the
southern facade of buildings and replaces it with a well designed group of buildings.
Car Parking
Policy T13 of the adopted plan 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.
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Policy A10 of the Revised Deposit Draft Replacement UDP requires development to make
adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the
Council’s maximum standards. It also states that the maximum car parking standards should not be
exceeded.
The level of car parking for the scheme is well below 100% as would be expected in this city centre
location. I have no highway objections and I am of the opinion that the level of parking proposed
across the site is acceptable.
Open Space
Adopted Policy H6 requires adequate provision of informal open space and children’s play within
new housing developments. This policy is linked to Policy H11 that sets out a sliding scale for such
provision.
Draft 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 applicant has agreed to make a contribution towards the
provision and maintenance of open space in the vicinity. In accordance with the recently adopted
Supplementary Planning Guidance, the contribution in this regard would be £239,280. I am
satisfied that the application therefore accords with Adopted policies H6 and H11 and Draft Policy
H8.
Other Issues
The applicant has agreed to contribute an additional £578,000 towards environmental
improvements in accordance with the Council’s normal policy with regard to developments in the
Chapel Street area.
VALUE ADDED TO DEVELOPMENT
pre-application discussions were held that have resulted in improvements to the scheme
and the need for a new road opening up the area to the east of Blackfriars Road
£578,000 will go towards environmental improvements in the local area and over £230,000
will go towards improvements to children’s play facilities and open space in the area.
CONCLUSION
This is a brownfield site within the heart of the regional centre. It is appropriate that it is developed
to a high density commensurate with its location. The scheme is well designed and is of very high
quality. The buildings are arranged so that a street frontage on this side of Blackfriars Road
complements that on the southern side that contains two Listed Buildings and at the same time
provides a high standard of living accommodation and environment to future residents. The
development introduces active uses at ground floor around the perimeter of the site and opens up
the land to the rear by the provision of a new street.
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I consider that the development accords fully with the provisions of the development plan and that
there is no detrimental effect on any interest of acknowledged importance. I recommend that
permission is granted subject to the following conditions.
RECOMMENDATION
Approve subject to the followin planning oligations and conditions:
that the Director of Corporate Services be authorised to enter into a legal agreement under
Section 106 of the Town and Country Planning Act 1990 to secure the payment of a
contribution to the provision of open space and children’s play equipment and a commuted
sum for, and implementation of, environmental improvements in the local area to the value
of £817,280;
that the applicant be informed that the City Council is minded to grant planning
permission, subject to the conditions stated below, on completion of such legal agreement;
that authority be given for the decision notice relating to the application be issued, (subject
to the conditions and reasons stated below) on completion of the above-mentioned legal
agreement,
that authority be given to refuse the application if the applicant fails to complete the S106
agreement within a reasonable period on the grounds that the proposals do not support the
aim and objectives of the Chapel Street Regeneration Project.
Conditions
1. Standard Condition A01 Five year time limit
2. The site shall be treated in accordance with a landscape scheme which shall be submitted to
and approved by the Director of Development Services 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 24 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 Director of Development Services.
3. No development shall be started until samples of all facing materials to be used on the
development have been submitted to and approved in writing by the Director of Development
Services.
4. Standard Condition F03X Surfacing
5. No development/demolition shall take place within the proposal area until the applicant has
secured the implementation of a programme of archaeological work in accordance with a
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written scheme of investigation which has been submitted to and approved in writing by the
Director of Development Services.
6. 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 ont he 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 the risk to human health
and controlled waters. The investigation shall also address the implications of ground
conditions on the health and safety of the site workers, on nearby occupied building structures,
on services and landscaping schemes and on the 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 the 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 Local Planning Authority.
7. No development shall commence until a scheme for the provision of recycling facilities has
been submitted to and approved in writing by the Director of Development Services. Such
scheme shall be implemented in full prior to the occupatiuon of any dwelling.
8. No development shall commence until a scheme for the provision of cycle storage has been
submitted to and agreed in writing by the Director of Development Services. Such scheme as
is approved shall be implemented in full prior to the occupation of any dwelling.
9. The windows of all habitable rooms to the elevations listed below shall be acoustically dual
glazed to the standards the the Noise Insulation Regulations 1988 (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 manufacturers'
recommendations to avoid air gaps when fitting the frames.
Windows to all elevations of block I except the elevation facing Viaduct Street
Windows to the elevations of the concierge facing Viaduct Street
Windows to the easterly elevations of block 3.
Windows to the westerly elevations of block 5.
Windows to the elevations facing Blackfriars road and Viaduct Street of block 6.
Windows to the westerly elevations of block 9
Windows to the elevation of block 11 facing Blackfriars Road and Queen Street
Windows to the elevations of block 12 facing Blackfriars Road
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Acoustic mechanical ventilation shall be provided to the rooms listed below.
All habitable rooms of block 1 with windows in the elevation facing Viaduct Street
All habitable rooms of block 3 with windows on the easterly elevation
All bedrooms of block 5 with windows on the westerly elevation
All habitable rooms of block 6 with windows facing Blackfriars Road and Viaduct Street
All bedrooms of block 9 with windows on the westerly elevation
All habitable rooms of block 11 with windows facing Blackfriars Road and Garden Lane
All habitable rooms to block 12 with windows facing Blackfriars Road.
All habitable rooms to the concierge with windows facing Viaduct Street
10. The rating level of the noise emitted from the site from any fixed plant and equipment shall not
exceed the existing background noise level by more than 5dB at any time. The noise level shall
be determined/measured at the nearest noise sensitive premises. The measurement and
assessment shall be made according to BS4142:1997 "Rating Industrial Noise Affecting
Mixed Residential and Industrial Areas".
11. There shall be no deliveries to any of the retail units except between 8.00am and 10.00pm from
Monday to Sunday inclusive.
Reason(s)
1. Standard Reason R000 Section 91
2. Standard Reason R004A Amenity-area
3. Standard Reason R008A Development-Buildings in vicinity
4. Standard Reason R013A Use of parking areas
5. To make a record of remains of archaeological interest in accordance with policy EN14 of the
City of Salford Unitary Development Plan.
6. To ensure a safe form of development that poses no unacceptable risk of pollution in
accordance with policy DEV1 of the City of Salford Unitary Development Plan
7. Standard Reason R024A Amenity of future residents
8. Standard Reason R024A Amenity of future residents
9. Standard Reason R024A Amenity of future residents
10. Standard Reason R024A Amenity of future residents
11. Standard Reason R027A Amenity and quietude
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Note(s) for Applicant
1. 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
2. This permission shall relate to the amended plans that show alterations to the car parking
numbers and layout and to the alterations to the four commercial blocks on the King Street
frontage.
3. This development is subject to the planning obligation entered into by the applicant under
Section 106 of the Town and Country Planning Act 1990, prior to the granting of planning
permission.
4. The applicant's attention is drawn to the need to intercept surface water draining from the
development prior to its entering the highway across a footway, to meet the requirements of
Section 103 of the Highways Act 1980.
5. The applicant's attention is drawn to the contents of the attached letter from the Environment
Agency.
6. 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:
04/49596/FUL
APPLICANT:
Mr A Ambler
LOCATION:
718 Liverpool Road Eccles
PROPOSAL:
Erection of part single /part two storey extension and alterations
to existing showroom and erection of canopy to existing valeting
bay together with associated car parking and used car display
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area
WARD:
Barton
DESCRIPTION OF SITE AND PROPOSAL
This application relates to an existing garage and showroom located
on Liverpool Road, approximately 100m to the south-west of junction
11 of the M60. The site currently comprises of an ‘L-shaped’ showroom
and workshop/MOT building set back between 8–15m from Liverpool Road,
which incorporates a garage to the rear. Towards the rear of the
site, on elevated land, is an area of car parking and valeting with
an associated square building used for valeting, storage and offices.
This building is set back at least 28m from Liverpool Road and is
largely hidden behind the main showroom building when viewed from
Liverpool Road. Both buildings are constructed from brick and metal
wall cladding. The roofs are also clad in metal. The roof profiles
of the buildings vary but are either monoplane or pitched. The
highest part of the roof of the showroom building is 5.3m and the
highest part of the building to the rear of the site is 4.3m.
To the north of the site is the Peel Green Park and cemetery, with
the main Park lodge approximately 4m from the common boundary with
the application site. To the east, on the opposite side of Liverpool
Road, and to the south and west are residential dwellings.
The proposal is to demolish an existing single storey extension and to erect a part single, part
two-storey extension to the south of the showroom building, together with elevational alterations
to that building. The proposal also seeks to erect a canopy over the existing valeting bay which is
adjacent to the building located to the rear of the site. Finally, the proposal also seeks to formalise
the use of existing car parking and the used car display area.
The existing single storey extension to the showroom building, which is to be demolished,
measures approximately 7.5m X 5.6m with the highest part of the monoplane roof reaching 5m.
The proposed replacement extension would measure 7.5m X 7m. It would not come closer to 720
Liverpool Road than the existing building. The replacement extension would be designed with a
pitched roof and would have an eaves height of 5.8m and a ridge height of 7m. It would be higher
than the ridge height of the existing showroom building by 2m. It would form part of the new main
entrance and would be constructed from aluminium glazing frames and horizontal ‘micro-rib’
cladding (very shallow ridges).
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The additional elevational alterations to the main building include the insertion of aluminium
glazing frames with signage facias above to highlight a new reception area for the garage element
of the business. The new frontage would wrap around the northern corner of the building and
would extend across 5.2m on the front elevation and 4.2m on the side elevation. The height of the
new frontage would be 3.7m, approximately 0.3m below the eaves of the building. To the rear of
the main building it is proposed to remove one the of the garage entrance doors (to reduce the
number from 3 to 2) used by vehicles and to seal the doorway with cladding to match the existing.
With regards to the proposed canopy over the existing valeting bay, it would project 3m from the
side of the building and would extend its full length (13m). It would be 2.8m in height and would
be designed with a shallow domed roof supported by cylindrical columns. It would be enclosed to
three sides with an opening into the car parking area.
The parking proposed, which at present is not marked out but is used informally, includes 21 car
parking spaces associated with the valeting service and the garage and 8 customer parking spaces
including one disabled space. The used car display areas proposed to the east (front) and north of
the main building would accommodate approximately 29 vehicles.
SITE HISTORY
04/49646/OUT – Outline application for demolition of existing buildings and use of land for
residential purposes. This application is also being considered by the Panel at this meeting.
In June 2002, advertisement consent was granted for the display of a non-illuminated
advertisement hoarding (02/44054/ADV)
In April 1999, planning permission was granted for the erection of single storey side extension
(99/38947/FUL)
In May 1998, advertisement consent was granted for the display of internally illuminated fascia,
entrance module and pylon signs (98/37826/ADV)
CONSULTATIONS
Director of Environmental Services – no objection, recommendations made.
PUBLICITY
A site notice was displayed on 1st December 2004.
The following neighbour addresses were notified:
720 – 730 (even), 759-793 (odd), 716 Liverpool Road
1-4 Shearwater Gardens
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REPRESENTATIONS
I have received 11 letters of representation / objection in response to the planning application
publicity. The following issues have been raised:Loss of view
Loss of light
Increased risk of Road Traffic Accidents and congestion
Increased noise
Loss of Privacy
The extension would dwarf the adjacent housing.
Increased congestion for the access adjacent to 720 Liverpool Road (mention is
given to the possibility of fire engines not being able to gain access).
Loss of parking space on the forecourt
Existing security lighting shines into houses on the opposite side of Liverpool
Road.
Existing fencing along northern boundary hides the ‘Cemetery House’ (716
Liverpool Road).
REGIONAL SPATIAL STRATEGY
DP3 – Quality in New Development
UNITARY DEVELOPMENT PLAN POLICY
Site specific policies:
Other policies:
DEV1 – Development Criteria
DEV2 – Good Design
EC7 – Industry and Commerce in Residential Areas
T13 – Car Parking
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies:
Other policies:
DES1 – Respecting Context
DES7 – Amenity of Users and Neighbours.
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 investing in an existing
commercial development in a predominantly residential area, the design and quality of the
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proposed development, and the impact of the development on the amenities of neighbouring
occupiers.
Principle of investing in an existing commercial development in a predominantly residential area
Policy EC7 states that the City Council will support employment initiatives within residential
areas where they do not have an unacceptable effect on the character, environment or amenity of
these areas. Given that the proposal seeks only to refurbish parts of the existing premises without
any significant intensification of the use of the site, I am of the opinion that the proposal would
make a positive contribution to the character, environment and amenity of the immediate
surrounding area in accordance with Policy EC7.
Design and quality of the proposed 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. Policy DP3 also supports good design in new developments.
The proposed extension and refurbishment of the existing business, in my view, would improve
the design and quality of the development, which in turn would make a positive contribution to the
amenity of the area.
Policies T13 and A10 seek to achieve appropriate provision of parking for new developments. The
proposal seeks to formalise the parking which presently exists at site and would not result in a loss
of parking on the forecourt area. I am satisfied that what exists is acceptable for a site of this size
given the nature of the business.
Impact of the development on the amenities of neighbouring occupiers
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.
Council Guidance stipulates minimum separation distances from habitable room windows in order
to provide future occupants and neighbouring residents with sufficient levels of amenity. The
proposed extension to the main showroom building would not come closer to the adjacent property
(720 Liverpool Road) than the existing extension although the height of the building would
increase by 2m at its maximum, height. However, given that there are no habitable room windows
close to the proposed extension or in the gable elevation of 720 Liverpool Road, I do not consider
the proposal would have a detrimental impact on the occupier’s amenity. The closest part of the
extension would be 6m from the residential property. The proposed canopy over the valeting bay
would be in a relatively secluded location and would not impact on the amenities of neighbouring
occupiers in my view. As the canopy would enclose valeting activity currently carried out in the
open, it is likely that there would be a reduction in any noise from these operations. I am also
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satisfied with the scale of the development which would be lower in height than the adjacent
residential properties.
With regard to road traffic accidents, congestion and noise, given that the proposal seeks only to
refurbish the existing premises without any significant intensification of the use of the site, I am of
the opinion that the development would not result in an increase in the occurrence of accidents,
congestion or noise. Furthermore, given that no new access is proposed off the access road
adjacent to 720 Liverpool Road, I am satisfied that the development would not have any additional
impact on this access and that it would not restrict access for the Fire Service.
Loss of view is not a material planning consideration and hence cannot be considered by this
Panel.
With regard to the existing floodlights shining into the properties on the opposite side of Liverpool
Road, the matter has been referred to the Director of Environmental Services to investigate.
With regard to the final objection, the fencing is existing and is not a matter under consideration
with this application.
CONCLUSION
The main planning issues relating to this application are the principle of investing in an existing
commercial development in a predominantly residential area, the design and quality of the
proposed development, and the impact of the development on the amenities of neighbouring
occupiers. I am satisfied with the principle of investing in this existing development and feel that
the design and quality of the development is sufficient. I do not consider the proposal would have
an unacceptable impact on the amenities of neighbouring occupiers.
RECOMMENDATION:
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 roof of the development have been submitted to and approved in writing by the Director of
Development Services.
3. 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
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and property.
The sampling and analytical strategy shall be approved by the Director of Environmental
Services 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 Local Planning Authority.
4. Within 2 months of the commencement of development, the car parking layout herby approved
shall be marked out and made available thereafter at all times for the parking of vehicles
associated with the site and customer's vehicles.
Reason(s)
1. Standard Reason R000 Section 91
2. Standard Reason R007A Development-existing building
3. To ensure a safe form of development that poses no unacceptable risk to human health.
4. Standard Reason R012A Parking only within curtilage
APPLICATION No:
04/49622/OUT
APPLICANT:
Morgan Sindall Plc
LOCATION:
A K Plant Site Clifton Road Monton Eccles
PROPOSAL:
Outline planning application for the erection of 17 residential
units.
WARD:
Eccles
DESCRIPTION OF SITE AND PROPOSAL
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This application relates to a 0.26 hectare site which at present accommodates A K Plant Hire.
Facing Clifton Road, but set back 9m, is the main building associated with the plant hire business.
This square building measures 34m X 10m and is constructed from brick and metal cladding. To
the rear of this building is the yard where some hire equipment is stored. There are a number of
ancillary buildings around the periphery of the yard. Again, these buildings are constructed of
either brick or metal cladding.
Adjoining the site to the north-east is a large detached brick-built property (36 Clifton Road)
which is in business use and beyond that are residential properties. To the east, on the opposite
side of Clifton Road are two-storey residential premises. To the south-west is a large industrial
site and beyond that the M602 (approximately 95m away). To the north-west is Greenside Court,
which is made up of four three-storey blocks of residential flats.
The proposal is in outline with all matters reserved and is to demolish the existing buildings and to
use the land for residential purposes (17 residential units). An indicative site layout has been
submitted for consideration to illustrate that the site can accommodate 17 units. The indicative
layout shows proposes a terrace of 10, 3 bedroom (2 ½ storey) dwellings fronting Clifton Road
with a further 7 units accommodated in a three storey block to the rear of 36 Clifton Road. Parking
is shown to the rear of the site adjacent to the common boundary with Greenside Court.
The development would result in a density o 65 units per hectare.
CONSULTATIONS
Director of Environmental Services – concern is raised over the methodology and
recommendations of the land contamination study and noise study which was submitted with the
application.
Environment Agency – no comments received.
Greater Manchester Police Architectural Liaison Unit – objection to the indicative scheme
submitted, but the principle of residential was not questioned.
United Utilities – no objection, recommendations made.
PUBLICITY
A site notice was displayed on 7th December 2004.
The following neighbour addresses were notified:
17-59 (odd), 36-54 (even), 59A, 67 Clifton Road
1-45 Greenside Court
143-147 (odd) Monton Road
1-12 and Decorshade Clifton Avenue
REPRESENTATIONS
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I have received 1 letter of representation / objection in response to the planning application
publicity. The following issues have been raised:
Erosion of the area as an Industrial Estate and the loss of the business/industrial site.
Adverse impact on traffic during construction.
Unsuitable location between two businesses.
Complaints (noise, traffic etc) from future occupiers of the development against the
adjacent businesses.
REGIONAL SPATIAL STRATEGY
SD1 - The North West Metropolitan Area
UNITARY DEVELOPMENT PLAN POLICY
Site specific policies: None.
Other policies: H1 Meeting Housing Needs
H6 & H11 Open Space Provision
DEV1 Development Criteria
EC3 – Reuse of Sites and Premises
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: None
Other policies: ST11 Location of New Development
H1 Provision of New Housing Development
H8 Open Space Provision Associated With New Housing Development
DES1 Respecting Context
DES7 Amenity of Users and Neighbours
PLANNING APPRAISAL
The main planning issues relating to this application are whether the principal of residential
development is acceptable, whether there will be a sufficient level of amenity for future occupiers,
and the impact of the development on the amenities of neighbouring occupiers.
Principle of development
Policy SD1 of the Regional Spatial Strategy states that development should be focused within the
North-West Metropolitan Area, which includes Salford. The development would see the re-use of
brownfield land thus complying with criteria 1b of Policy ST11 and the guidance contained within
Planning Policy Guidance Note 3 – Housing (PPG3), which seeks to prioritise the development of
such land over land which has not been previously developed (greenfield land).
Policy EC3 states that, where existing non-retail commercial premises become vacant, the city
council will seek to re-use or redevelop them for similar uses except where one or more of three
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criteria are satisfied. The first criterion states that development must not result in a material or
unacceptable shortfall in the range of sites available for economic development.
I am mindful that the site is only one of three employment sites down this otherwise residential
road and is also surrounded by residential users to the rear (Greenside Court). As such it represents
a small enclave of employment provision within an otherwise residential neighbourhood.
Furthermore, a planning application (05/49866/FUL) has been submitted for the large industrial
site adjacent to the south-west to be developed for residential purposes. In 2004 the City Council
commissioned a study into employment provision across the City. This recommended that the
Council should protect and maintain the City’s existing allocated employments sites to maintain an
adequate supply of employment land, but as this application site is not part of a wider
industrial/employment area, I am satisfied that its loss to residential purposes would not have a
significant detrimental impact upon the city’s overall employment land supply.
The surrounding area is predominantly residential, therefore I am satisfied that the proposal would
respect the character of the area. Although the M602 is located only a short distance to the
south-west, there are existing residential properties which are closer to the motorway. The
Director of Environmental Services has no objection to the proposal.
Amenity provision for future occupants and the impact of the development on the amenities of
neighbouring occupiers
Policies DEV1, DES1 and DES7 require development to respect its context regarding height,
scale, mass, materials and also privacy and sunlight/daylight of surrounding properties.
All matters are reserved with this application, therefore all details of design and layout would be
considered at a reserved matters stage. I have concerns over the indicative layout and in particular
the location of the block of flats and the car parking. I am of the opinion that the illustrative layout
is not designed sensitively and would not deter crime. It could result in strangers being attracted
deep into the site to relatively secluded locations which, in turn, could attract vandalism. In
addition insufficient amenity space to the apartment blok would be provided. However, given the
size of the site and the nature of the surrounding uses, I am satisfied that an acceptable form of
residential development (for 17 units), which will provide the necessary amenity provisions for
future occupiers without compromising the amenities enjoyed by existing residents, can be
achieved subject to careful consideration to the design. I have attached an informative drawing the
applicant’s attention to the need to address crime prevention in any future proposed layout.
The Director of Environmental Services has raised concern over the noise assessment that was
submitted with the application, and has stated that the noise from the adjacent site may cause
unacceptable noise levels for the proposed development. However, given that a planning
application has been submitted for this adjacent industrial site which proposes further residential
development, it is likely that the small enclave of industrial uses which currently exists will be
re-developed for residential purposes. Therefore, any potential noise nuisance would be removed.
I am satisfied, therefore, that it will be possible to achieve the necessary noise levels for the
proposed development.
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The level of traffic likely to be generated by the development is likely to be modest. I am satisfied
that the site is suitably accessible and hence have no objections on highway grounds.
If the proposal were to provide 50 or more bed spaces, an open space contribution would be
required from this development, consistent with adopted policies H6, H11 and H8. However, the
number of bed spaces provided by this proposal has not been identified and so the open space
calculation cannot be completed. Given that it is likely that 50 bed spaces or more would be
applied for at reserved matters stage, a condition has been attached to ensure future negotiations.
With regard to the second objection raised, although I recognise that disruption may take place it
would only be for a relatively short period of time. Given the regeneration benefits that would
result from the proposal I consider the short-term disturbances to be acceptable.
The final objection draws a speculative conclusion. Future occupants would be aware of the
nature of the neighbouring uses prior to purchase. Furthermore, as detailed above, consideration is
being given the adjacent commercial site for residential development. The Director of
Environmental Services has no objection to the principle of residential development.
CONCLUSION
The main planning issues relating to this application are whether the principal of residential
development is acceptable, whether there will be a sufficient level of amenity for future occupiers,
and the impact of the development on the amenities of neighbouring occupiers. I am satisfied that,
in principle, residential development is acceptable for this site and that a suitable scheme can be
designed which would provide the necessary amenity provisions for future occupiers without
compromising the amenities enjoyed by existing residents. The proposal is in accordance with the
Adopted and Revised Unitary Development Plans and so I recommend approval.
RECOMMENDATION:
Approve Subject to the following Conditions
1. Standard Condition A02 Outline
2. Standard Condition B01X Reserved Matters
3. Prior to commencement of the development; the developer shall undertake an assessment to
determine the external noise levels that the proposed residential elements will be subjected to
(day time and night time). The developer shall detail what steps have to be taken to mitigate
the disturbance from the above. The assessment shall have due regard to the guidance
contained within PPG 24 - Planning and Noise, achieving BS8233: 1999 in all habitable
rooms. This assessment and mitigation measures shall be submitted for the written approval by
the Local Planning Authority prior to commencement of the development. Once agreed, all
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identified noise control measures shall be implemented and thereafter retained.
4. 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 Director of Environmental
Services 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 Local Planning Authority.
5. In accordance with policies H6 and H11 of the City of Salford Unitary Development Plan, an
area of open space shall be provided within the site commensurate with the scale of
development, or alternatively a contribution shall be made to the improvement of existing open
space or recreation facilities within the local area. No development shall be commenced until
full details of the area of open space or contribution have been submitted to and approved in
writing by the Local Planning Authority.
6. In accordance with policies H6 and H11 of the City of Salford Unitary Development Plan, an
area of open space shall be provided within the site commensurate with the scale of
development, or alternatively a contribution shall be made to the improvement of existing open
space or recreation facilities within the local area. No development shall be commenced until
full details of the area of open space or contribution have been submitted to and approved in
writing by the Local Planning Authority.
Reason(s)
1. Standard Reason R001 Section 92
2. Standard Reason R002 Reserved Matters
3. Standard Reason R024A Amenity of future residents
4. Standard Reason R024A Amenity of future residents
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5. To provide for the provision of open space in accordance with policies H6 and H11 of the City
of Salford Unitary Development Plan in the interests of future residents.
Note(s) for Applicant
1. 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
2. Please find attached comments from United Utilities.
3. The applicant should contact the Greater Manchester Police Architectural Liaison Unit with
regard to designing out crime from any future scheme.
APPLICATION No:
04/49633/OUT
APPLICANT:
Peel Investments (North ) Ltd
LOCATION:
Land To The North Of Fairhills Road Irlam
PROPOSAL:
Outline application for the development of land for residential
purposes
WARD:
Cadishead
DESCRIPTION OF SITE AND PROPOSAL
This application relates to a 2.09 hectare site. The site is bordered by Cadishead Way to the east,
Fairhills Road to the south and a residential development site which is still under construction to
the north and west. To the south of the site is the Kingsland’s Wines and Spirits industrial
premises. The site is currently in use for retail with associated car parking and servicing.
This is an outline planning application with all matters reserved. No supporting information has
been submitted with the application.
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SITE HISTORY
None relevant.
CONSULTATIONS
Director of Environmental Services – No objection in principle. A noise condition and site
investigation condition are recommended.
United Utilities – No objections to the proposal, providing that the site is drained on a separate
system, with only foul drainage connected to the foul sewer. Surface water should be discharged to
the watercourse/soakaway/surface water sewer and may require the consent of the Environment
Agency. A 1300mm diameter public sewer crosses the south of the site and United Utilities will
not permit building over it and access strip of not less than 12m wide will be required. A United
Utilities electricity substation is located within the site, the applicant should therefore check land
ownership/access rights.
Manchester Ship Canal Company – Confirmed that they have no comments to make on the
application.
Environment Agency – No comments received.
Greater Manchester Police Architectural Liaison Unit – No objections, but recommend a planning
condition requiring the developer to comply with Secure by Design standards given the large scale
of the site.
GMPTE – No comments received.
PUBLICITY
A press notice was published on 16th December 2004
A site notice was displayed on 13th December 2004
The following neighbour addresses were notified:
Kingsland Wines And Spirits, Fairhills Road
1 – 7 (o) Calamanco Way (off Fairhills Road)
2 – 26 (e) Calamanco Way (off Fairhills Road)
2 – 36 (e) Stickens Lock Lane (0ff Fairhills Road)
2 – 40 (e) Rixtonleys Drive (off Fairhills Road)
Redrow Homes
Persimmon Homes
REPRESENTATIONS
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I have received no letters of representation / objection in response to the planning application
publicity to date.
REGIONAL SPATIAL STRATEGY
SD1 - The North West Metropolitan Area
UNITARY DEVELOPMENT PLAN POLICY
Site specific policies: None.
Other policies: H1 Meeting Housing Needs
H6 & H11 Open Space Provision
DEV1 Development Criteria
DEV4 – Design and Crime
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: None
Other policies: ST11 Location of New Development
H1 Provision of New Housing Development
H8 Open Space Provision Associated With New Housing Development
S3 – Loss of Shops
DES11 – Design and Crime
PLANNING APPRAISAL
The main planning issues relating to this application are whether the principal of residential
development is acceptable, whether there will be a sufficient level of amenity for future occupiers,
the relationship between the development site and existing adjoining uses and whether the
proposal complies with the relevant provisions of both the adopted Unitary Development Plan and
the Replacement Plan.
Policy SD1 of the Regional Spatial Strategy states that development should be focused within the
North-West Metropolitan Area, which includes Salford. With regards to the principle of the
proposed development, the site is located within an area of mixed uses. The site is not allocated
within either the Adopted or Replacement UDP’s. It is a brownfield site and based on the
sequential approach to development outlined in Replacement UDP policy ST11, development of
this site would meet criteria 1B (i) and ii) through the re-use of previously developed land in a
location well related to housing, employment, services and well served by a choice of public
transport. This approach is also consistent with Government guidance as set out in paragraph 22 of
PPG3: Housing, which encourages local planning authorities to maximise the use of previously
developed land for development.
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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. Replacement UDP
Policy H1 states that new housing development should contribute to the provision of a balanced
mix of dwellings within the local area.
Policy S3 of the Replacement UDP relates to the loss of shops both within existing town centres
and neighbourhood centres and outside of these areas. This policy states that outside town and
neighbourhood centres, planning permission will be granted for the change of use of local shops
from Class A1 retail where the proposal is consistent with the other policies and proposals of the
plan, and it can be demonstrated either that there is no demand for the retail use of the property or
that an alternative use would be more appropriate. I consider that due to the close proximity of the
site to the Lower Irlam local centre and the large Tesco store on Fairhills Road, the impact on local
residents resulting from the redevelopment of this site and the subsequent loss of the retail use
would not represent a major loss in access to local retailing facilities.
Policies H6 and H11 of the Adopted UDP and H8 of the Replacement UDP require adequate and
appropriate provision to be made for formal and informal open space and its maintenance. I have
attached a condition requiring compliance with these policies. The financial contribution would be
secured through a s106 legal agreement at the reserved matters stage.
Policies DEV11 and DEV4 state that the City Council will encourage greater consideration of
crime prevention and personal and property security in the design of new development and will
have regard to a number of factors. With reference to comments made by the Greater Manchester
Police Architectural Liaison Unit regarding crime and security, a condition has been attached
requiring the details at the reserved matters stage to be in accordance with the Secured By Design
Award standards.
In conclusion, with regards to the proposed use of the site, I consider that the principle of
residential development on this site is acceptable, given that it is considered to be brownfield land
and also given the predominantly residential nature of the surrounding uses. I do not consider that
the proposal would result in any significant impact on surrounding residents’ access to local retail
facilities.
RECOMMENDATION:
Approve Subject to the following Conditions
1. Standard Condition A02 Outline
2. Standard Condition B01X Reserved Matters
3. In accordance with policies H6 and H11 of the City of Salford Unitary Development Plan, an
area of open space shall be provided within the site commensurate with the scale of
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development, or alternatively a contribution shall be made to the improvement of existing open
space or recreation facilities within the local area. No development shall be commenced until
full details of the area of open space or contribution have been submitted to and approved in
writing by the Director of Development Services.
4. Prior to commencement of the development; the developer shall undertake an assessment to
determine the external noise levels from the surrounding roads and the nearby industrial park
that the proposed residential elements will be subjected to (day time and night time). The
developer shall detail what steps have to be taken to mitigate the disturbance from the above.
The assessment shall have due regard to the guidance contained within PPG 24 - Planning and
Noise, achieving BS8233: 1999 in all habitable rooms. This assessment and mitigation
measures shall be submitted for the written approval of Development Services prior to
commencement of the development. Once agreed, all identified noise control measures shall
be implemented and thereafter retained.
5. 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 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 Local Planning Authority.
6. The reserved matters shall be designed to the minimum standards of the Secured by Design
Award.
7. There shall be no vehicular access to the site from Cadishead Way (A57).
Reason(s)
1. Standard Reason R001 Section 92
2. Standard Reason R002 Reserved Matters
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3. To provide for the provision of open space in accordance with policies H6 and H11 of the City
of Salford Unitary Development Plan in the interests of future residents.
4. Standard Reason R024A Amenity of future residents
5. Standard Reason R024A Amenity of future residents
6. Reason: To ensure that the development is appropriately secured from crime in accordance
with policy DEV 4 of the City of Salford Unitary Development Plan.
7. Standard Reason R026A Interests of highway safety
Note(s) for Applicant
1. 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
2. For further discussions regarding the requirements of the Contaminated Land Condition, the
applicant/developer is advised to contact the Pollution Control Section of the Directorate of
Environmental Services on 0161 737 0551.
3. The applicant is advised that the requirements of all the conditions precedent must be satisfied
prior to the commencement of the development. Failure to satisfy the conditions precedent
renders all development unauthorised and unlawful and appropriate action may be taken by the
Council.
4. The applicant's attention is drawn to the contents of the attached letter from United Utilities
dated 24.12.04.
5. The applicant's attention is drawn to the contents of the attached fax from the Greater
Manchester Police Architectural Liaison Unit dated 21.12.04.
APPLICATION No:
04/49646/OUT
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APPLICANT:
Mr A Ambler
LOCATION:
718 Liverpool Road Eccles
PROPOSAL:
Outline application for demolition of existing buildings and use of
land for residential purposes
WARD:
Barton
DESCRIPTION OF SITE AND PROPOSAL
This application relates to an existing garage and showroom located on Liverpool Road,
approximately 100m to the south-west of junction 11 of the M60. The site covers an area of
0.25hectares and currently comprises, in part, of an ‘L-shaped’ showroom building set back
between 8–15m from Liverpool Road. Towards the rear of the site, on elevated land, is an area of
car parking and valeting with an associated square building. This building is set back at least 28m
from Liverpool Road and is largely hidden behind the main showroom building when viewed from
Liverpool Road. Both buildings are constructed from brick and metal wall cladding. The roofs are
also clad in metal. The roof profiles of the buildings vary but are either monoplane or pitched. The
highest part of the roof of the showroom building is 5.3m and the highest part of the building to the
rear of the site is 4.3m.
To the north of the site is the Peel Green Park and cemetery, with the main Park lodge
approximately 4m from the common boundary with the application site. To the east, on the
opposite side of Liverpool Road, and to the south and west are residential dwellings.
The proposal is in outline with all matters reserved and is to demolish the existing buildings and to
use the land for residential purposes. Although the original proposal stipulated 28 dwellings and
an indicative site layout was provided, it has been agreed with the applicant not to specify the
number of units and the indicative scheme is not under consideration.
SITE HISTORY
04/49596/FUL – Erection of part single /part two storey extension and alterations to existing
showroom and erection of canopy to existing valeting bay together with associated car parking and
used car display area. This application is also being considered by the Panel at this meeting.
In June 2002, advertisement consent was granted for the display of a non-illuminated
advertisement hoarding (02/44054/ADV)
In April 1999, planning permission was granted for the erection of single storey side extension
(99/38947/FUL)
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In May 1998, advertisement consent was granted for the display of internally illuminated fascia,
entrance module and pylon signs (98/37826/ADV)
CONSULTATIONS
Director of Environmental Services – no objection, recommendations made.
Environment Agency – No objection, recommendations made.
Greater Manchester Police Architectural Liaison Unit – No objections, but recommend a planning
condition requiring the developer to comply with Secure by Design standards given the large scale
of the site.
United Utilities – no objection, recommendations made.
Highways Agency – no objection.
PUBLICITY
A site notice was displayed on 13th December 2004.
The following neighbour addresses were notified:
720 – 742 (even), 759-793 (odd), 716 Liverpool Road
1-4 Shearwater Gardens
REPRESENTATIONS
I have received 15 letters of representation / objection in response to the planning application
publicity. In addition I have received two petitions in objection to the proposal which have been
signed by a total of 39 people. The following issues have been raised:There is no access road to the proposed flats (both during and after construction).
Loss of light
Loss of Privacy
Four-storey development is too high.
Increased congestion and loss of parking (the issue of access for emergency services has
been raised).
Increased likelihood of road traffic accidents.
720 Liverpool Road is adjacent to a private alleyway for use only for residents from 720 to
742 suitable for 1 car width.
Increased noise
Housing prices will decrease in the area.
Loss of view
REGIONAL SPATIAL STRATEGY
SD1 - The North West Metropolitan Area
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UNITARY DEVELOPMENT PLAN POLICY
Site specific policies: None.
Other policies: H1 Meeting Housing Needs
H6 & H11 Open Space Provision
DEV1 Development Criteria
EC3 – Reuse of Sites and Premises
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: None
Other policies: ST11 Location of New Development
H1 Provision of New Housing Development
H8 Open Space Provision Associated With New Housing Development
DES1 Respecting Context
DES7 Amenity of Users and Neighbours
PLANNING APPRAISAL
The main planning issues relating to this application are whether the principal of residential
development is acceptable, whether there will be a sufficient level of amenity for future occupiers,
and the impact of the development on the amenities of neighbouring occupiers.
Principle of development
Policy SD1 of the Regional Spatial Strategy states that development should be focused within the
North-West Metropolitan Area, which includes Salford. The development would see the re-use of
brownfield land thus complying with criteria 1b of Policy ST11 and the guidance contained within
Planning Policy Guidance Note 3 – Housing (PPG3), which seeks to prioritise the development of
such land over land which has not been previously developed (greenfield land).
Policy EC3 states that, where existing non-retail commercial premises become vacant, the city
council will seek to re-use or redevelop them for similar uses except where one or more of three
criteria are satisfied. The first criterion states that development must not result in a material or
unacceptable shortfall in the range of sites available for economic development. Development of
this land would result in the loss of a car showroom with garage and valeting service. I am mindful
that this is a relatively small commercial site located in an otherwise residential area.
In 2004 the City Council commissioned a study into employment provision across the City. This
recommended that the Council should protect and maintain the City’s existing allocated
employments sites to maintain an adequate supply of employment land, but as this application site
is not part of a wider industrial/employment area, I am satisfied that its loss to residential purposes
would not have a significant detrimental impact upon the city’s overall employment land supply.
Furthermore, given that a significant element of the use of the site is for commercial retail, which
is not a major employment use, the re-use of the site for residential purposes is further justified.
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The surrounding uses are predominantly residential, therefore I am satisfied that the proposal
would respect the character of the area. Although the M60 is located only a short distance to the
north-east, there are existing residential properties which are closer to the motorway.
Furthermore, the Director of Environmental Services has no objection to the proposal.
Amenity provision for future occupants and the impact of the development on the amenities of
neighbouring occupiers
Policies DEV1, DES1 and DES7 require development to respect its context regarding height,
scale, mass, materials and also privacy and sunlight/daylight of surrounding properties.
All matters are reserved with this application, therefore all details of design and layout would be
considered at a reserved matters stage. Given the size of the site and the nature of the surrounding
uses, I am satisfied that an acceptable form of residential development, which will provide the
necessary amenity provisions for future occupiers without compromising the amenities enjoyed by
existing residents, can be achieved subject to careful consideration to the design.
If the proposal were to provide 50 or more bed spaces, an open space contribution would be
required from this development, consistent with adopted policies H6, H11 and H8. However, the
number of bed spaces provided by this proposal has not been identified and so the open space
calculation cannot be completed. Given that it is likely that 50 bed spaces or more would be
applied for at reserved matters stage, a condition has been attached to ensure future negotiations.
With regard to the first three objections raised, these are matters that would be considered at the
reserved matters stage. Similarly, the fourth objection relates to the indicative scheme which was
submitted with the application. This scheme was for illustration only and does not necessarily
represent what will be submitted at reserved matters stage. Any proposal for four storey
development, submitted in the future, will need to address the impact on the streetscene and on the
amenity of neighbouring residents having regard to th predominantly two storey character of the
surrounding area. Other issues relating to the density and provision of private amenity space
would also need to be addressed.
The congestion and/or noise that would result from the development is likely to be less than that
already created by the car showroom and garage. I do not consider the proposal would result in an
increase in road traffic accidents. There is no information to suggest that the alleyway adjacent to
720 Liverpool Road would be affected by the proposal. I have no objections from the Highways
Agency.
The final two objections raised are not material planning considerations and cannot, therefore, be
considered by the Panel.
CONCLUSION
The main planning issues relating to this application are whether the principal of residential
development is acceptable, whether there will be a sufficient level of amenity for future occupiers,
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and the impact of the development on the amenities of neighbouring occupiers. I am satisfied that,
in principle, residential development is acceptable for this site and that a suitable scheme can be
designed which would provide the necessary amenity provisions for future occupiers without
compromising the amenities enjoyed by existing residents. The proposal is in accordance with the
Adopted and Revised Unitary Development Plans and so I recommend approval.
RECOMMENDATION:
Approve Subject to the following Conditions
1. Standard Condition A02 Outline
2. Standard Condition B01X Reserved Matters
3. Prior to commencement of the development; the developer shall undertake an assessment to
determine the external noise levels that the proposed residential elements will be subjected to
(day time and night time). Particular attention should be paid to the noise generated from the
surrounding road network. The developer shall detail what steps have to be taken to mitigate
the disturbance from the above. The assessment shall have due regard to the guidance
contained within PPG 24 - Planning and Noise, achieving BS8233: 1999 in all habitable
rooms. This assessment and mitigation measures shall be submitted for the written approval by
the Local Planning Authority prior to commencement of the development. Once agreed, all
identified noise control measures shall be implemented and thereafter retained.
4. 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 Director of Environmental
Services 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 Local Planning Authority.
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5. In accordance with policies H6 and H11 of the City of Salford Unitary Development Plan, an
area of open space shall be provided within the site commensurate with the scale of
development, or alternatively a contribution shall be made to the improvement of existing open
space or recreation facilities within the local area. No development shall be commenced until
full details of the area of open space or contribution have been submitted to and approved in
writing by the Local Planning Authority.
Reason(s)
1. Standard Reason R001 Section 92
2. Standard Reason R002 Reserved Matters
3. Standard Reason R024A Amenity of future residents
4. Standard Reason R024A Amenity of future residents
5. To provide for the provision of open space in accordance with policies H6 and H11 of the City
of Salford Unitary Development Plan in the interests of future residents.
Note(s) for Applicant
1. 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
2. Please contact Shaun Bellamy from United Utilities to discuss details of the drainage proposal
(Tel No 01925 463639).
3. The applicant should note that the proposed density of the development shown in the
illustrative drawing is too high having regard to the location of the site and guidance provided
in Planning Guidance Note 3: Housing. The illustrative scheme also makes inadequate
provision for private amenity space within the site. Any proposed scheme for four storey
development will need to demonstrate how the impact on surrounding two storey dwellings
will be addressed in relation to both residential amenity and the streetscene.
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APPLICATION No:
04/49805/FUL
APPLICANT:
M A Din
LOCATION:
476 Great Cheetham Street East Salford 7
PROPOSAL:
Variation of condition 2 on planning permission 04/48359/COU
to allow for opening hours 11.00am to 9.00pm Monday to
Saturday
WARD:
Broughton
DESCRIPTION OF SITE AND PROPOSAL
This application relates to an existing mid terrace and seeks to vary the hours of operation of an
existing hot food take away. The authorised hours of operation are currently 8.00am till 6.00pm
six days a week.
The proposal seeks consent to open Monday to Saturday from 08.00am until 9.00pm.
Members will recall a similar application was refused by this panel for the extension of hours until
11.00pm Monday to Saturday.
The property is within a defined Key Local Centre, Dudley Street, within the adopted plan. To the
rear of the property and opposite are residential properties. There are no parking restrictions in
place outside the shop.
SITE HISTORY
In June last year, planning permission was granted for the change of use of the premises from shop
to shop for the sale of hot food (04/48350/COU). A condition was attached to that approval which
specified the requested hours of operation :“The use hereby permitted shall NOT be operated on Sundays and
Bank Holidays and shall ONLY be operated between the hours of
8.00am and 6.00pm”
In December last year, planning permission was refused for a similar application to vary the hours
of operation to allow for opening hours 11.00am-11.00pm (Monday - Saturday). The reason for
refusal states :“The proposed extended opening hours would be seriously detrimental to neighbouring
residents and would injure the character and amenity of the area by reason of noise and
disturbance and general activity and thus would be contrary to policy S5 of the City of
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Salford Unitary Development Plan and policy S4 of the Revised Deposit Draft Replacement
Unitary Development Plan”
In October last year, planning permission was refused to vary the hours of operation to allow for
opening hours 11.00am-11.00pm (Mon-Thurs/Sunday) 11.00am-12 midnight (Fri-Sat). The
reason for refusal states :“The proposed extended opening hours would be seriously
detrimental to neighbouring residents and would injure the
character and amenity of the area by reason of noise and
disturbance and general activity and thus would be contrary to
policy S5 of the City of Salford Unitary Development Plan and
policy S4 of the Revised Deposit Draft Replacement Unitary
Development Plan”
Planning permission was refused in 1995 for the change of use from retail with living
accommodation above to hot food takeaway with living accommodation above at 478 Great
Cheetham Street East (95/34175/COU)
Planning permission was refused in 2002 for the change of use from shop to shop for the sale of hot
food at 472 Great Cheetham Street East (02/44642/COU)
Both of these application were refused due to the relationship of residential properties directly
above and adjoining the application sites.
PUBLICITY
The following neighbour addresses were notified:
13 – 29 (o) Buile Street
462 – 472 (e), 478 – 488 (e), 335 – 347 (o) Great Cheetham Street East
REPRESENTATIONS
A petition in support was received along with the previous application for longer hours than this
proposal. The petition contained 256 signatures.
REGIONAL SPATIAL STRATEGY
Site specific policies: None
Other policies:
None
UNITARY DEVELOPMENT PLAN POLICY
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Site specific policies: None
Other policies:
S5 – Control of Food and Drink Premises, S3 Key Local Centres
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: None
Other policies:
S4 Amusement Centres and Food and Drink Uses
PLANNING APPRAISAL
I consider that the main issues concern the impact of the extended use on neighbouring residential
occupiers due to, noise, disturbance, and highway implications and whether the reduction in hours
from those previously refused is sufficient to safeguard residential amenity.
Policy S5 states that the Council will normally only permit proposals for A3 uses where they
would not have an unacceptably adverse impact on the amenities of surrounding residential
properties or significantly prejudice highway safety. Where an A3 use would directly adjoin a
residential unit, it is normally considered unacceptable as noise, disturbance, fumes and odours
adversely affect the occupiers. Policy S4 of the revised replacement plan UDP updates policy S5
of the adopted UDP.
Policy S3 seeks to retain, consolidate and improve Salford’s key local centres. Changes of use to
A3 will normally be permitted unless there would be an unacceptable effect on the amenity,
environment, vitality or viability of the key local centre either individually or by the cumulative
effect of such a development.
The area has not been identified as a neighbourhood centre within the Revised Deposit Draft
Replacement Plan.
In approving the initial change of use application, consideration was given to a previous planning
refusals at 472 and 478 Great Cheetham Street East . These application were refused due to the
relationship of a residential properties to the proposal, specifically residential directly above the
proposals. There is no residential directly adjoining 476 Great Cheetham Street, as such planning
permission for the use of the premises for hot food was approved. Condition two of that approval
reflected the proposed hours of operation.
There are no residential properties directly adjacent to the application site. However, there is
residential accommodation opposite and to the rear. Whilst the centre is no longer identified as a
neighbourhood centre within the replacement plan, there are a number of retail uses evident within
this and the neighbouring terrace and a number of vacant A1 uses. Moreover, the premises
adjoining currently operates as a news agent/off licence. I can find no record of any restrictive
hours for this neighbouring property. The applicant has informed me that the newsagent/off
licence currently closes at 11.00pm.
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The existing uses that neighbour the proposal site and those retail uses within the existing Key
Local Centre is a material consideration in this instance. The applicant has indicated that the hours
of opening would be reduced from those on the previous application. The hours of opening in this
instance would be between 11.00am and 9.00pm from Monday through to Saturday, no opening is
proposed on Sunday.
I consider that the proposed hours of operation, similar to those of the neighbouring use and those
of existing retail uses within the centre would have no further impact upon the neighbouring
properties opposite or to the rear. I have attached a condition restricting the hours of operation to
9.00pm six days a week with no Sunday and Bank Holiday openings.
As such I consider that the proposed extended hours would accord with policies S5 of the adopted
plan and S4 of the revised replacement plan. I do not consider that there are any other material
considerations which outweigh this view.
CONCLUSION
Having considered all the issues raised by this proposal, I consider that the proposed extended
opening hours would not have an unacceptable effect on the residential amenity of neighbouring
properties when compared to the opening hours of the previous use and existing neighbouring uses
of the key local.
RECOMMENDATION:
Approve Subject to the following Conditions
1. The use hereby permitted shall NOT be operated on Sundays and Bank Holidays and shall
ONLY be operated between the hours of 8.00am until 9.00pm
2. 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 residential premises and shall
be approved by the Local Planning Authority prior to the change of use taking place. The
extraction system approved by the Local Planning Authority shall be installed prior to the
commencement of the proposed use, and shall be used whenever the cooking equipment is in
use.
3. Prior to the development hereby approved coming into use, the applicant shall provide a litter
bin to the front of the premises. The applicant shall first submit details of the design and
position of the litter bin (in liaison with the Director of Environmental Services), for the
written approval of the Director of Development Services
(Reasons)
1. Standard Reason R005A Amenity-neighbours
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2. Standard Reason R005A Amenity-neighbours
3. Standard Reason R004A Amenity-area
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APPLICATION No:
04/49719/DEEM3
APPLICANT:
Mrs M O'Brien (Headteacher)
LOCATION:
Cathedral School Of St Peter & St John Mount Street Salford 3
PROPOSAL:
Siting of one metal storage container
WARD:
Irwell Riverside
DESCRIPTION OF SITE AND PROPOSAL
This application relates to the southwest side of Cathedral School of St Peter and St John
RC Primary School, Mount Street, Salford 3. There is predominantly housing
to the south, east and northwest sides of the school, with an open field to the northeast
side of the school .
There has been a recent release of funds from the government to the school for the
purpose of providing an external play area to encourage behavioural skills in pupils. The
proposal is for the siting of one metal storage container located on the southwest wing of the
school facing Arlington Street, to serve the new external play area and it’s equipment. The
container would measure 2.3m in height, 2.5m in length and 2.3m in depth. The container would
be painted dark green.
CONSULTATIONS
Environment Agency - No objections.
PUBLICITY
A site notice was displayed on the 5th January 2005.
The following neighbour addresses were notified:
1 to 7 (O) Barnett Drive
1, 20 to 23 Burton Walk
1 Allendale Walk
2 to 24 (E) Trinity Gardens
REPRESENTATIONS
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I have received one letter of objection in response to the planning application publicity. The
following issues have been raised: • The proposed container would be in the direct view from the objectors flat.
• The design and colour. The top of the container should be a dull green.
• There is no screening such as bushes or trees.
• The container would be a focus of criminal/anti-social behaviour.
• Any approval should only be temporary, for three years to allow the reassessment of its
appearance and condition.
• A tree within the site was recently felled and a replacement tree should be located near the site of
the container.
UNITARY DEVELOPMENT PLAN POLICY
Site specific policies: None
Other policies: SC4-Improvement/Replacement of Schools
EHC0A-Provision and improvement of schools and colleges
DEV1-Development Criteria
REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY
Site specific policies: None
Other policies: DES7-Amenity of users and Neighbours
DES1-Respecting Context
PLANNING APPRAISAL
The main planning issues relating to this application are: Whether the size, height and siting of the
proposal would have an unacceptable detrimental impact on the amenity of the neighbouring
residents; and whether the proposal would comply with the provisions of relevant policies of the
Adopted Unitary Development Plan and Revised Deposit Draft Replacement Plan.
Policy DEV1 of the Adopted Unitary Development Plan states that the City Council will have
regard to a number of factors when dealing with applications for planning permission. These
factors include the location of the proposed development, the visual appearance of the
development and the size of the development.
Policy SC4 of the Adopted Unitary Development Plan states that the City Council will make well
any deficiencies in school facilities through the improvement of old schools.
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EHC0A- of the Adopted Unitary Development Plan states that development will not be permitted
where it would have an unacceptable impact upon the amenity of neighbouring uses.
Policy DES1 of the Revised Deposit Draft Replacement Plan 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 a number of factors, including the
relationship to existing buildings and the quality and appropriateness of proposed materials.
Policy DES7 of the Revised Deposit Draft Replacement Plan states that development will not be
permitted where it would have an unacceptable impact upon the amenity of the occupiers or users
of other developments.
The proposed storage container is located on the southwest wing of the school, which is
necessitated by the location of the proposed play area for ease of storing the play area equipment.
The nearest residential housing is on Barnett Drive which is 37m away from the container. The
size and colour (green B.S Ref: 12B21) of the constainer is not overbearing or dominant and I
consider the proposal would not have an unacceptable impact on the amenity of neighbouring
residents, therefore I would consider the proposal meets the requirements of policies DEV1,
DES1, DES7 and EHC0A.
There has been a recent release of funds from the government to the school for the
purpose of providing an external play area to encourage behavioural skills in pupils. The
siting of one metal storage container is to serve the new external play area and it’s
equipment. I would consider the proposal meets the requirements of policy SC4.
With specific reference to concerns raised regarding the direct view from the objectors flat. There
would be a distance of 70m between the proposed container and number 6 Brotherton Drive,
Trinity Gardens. I would therefore consider the proposal would not have an unacceptable impact
on the amenity of neighbouring residents.
With reference to the screening of the container, the nearest residential housing is 37m away from
the container, the container is located within the school and there is an existing boundary
treatment. I am therefore satisfied there is sufficient screening and I would consider it unnecessary
to impose extra boundary treatment., not require replacement tree planting.
With reference to the top of the container, I have attached a condition, that prior to the installation
of the steel storage container hereby approved would be colour treated in green BS Ref: 12B21.
The container is located within the school. The school gates would be locked after the school is
closed.
.
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CONCLUSION
I consider the proposed storage container to be acceptable, in respect to the
councils policies and I am satisfied that the proposal would not result in an unacceptable
adverse impact on the amenity of neighbouring residents.
RECOMMENDATION:
Approve Subject to the following Conditions
1. Standard Condition A01 Five year time limit
2. Prior to installation on the site the steel storage container hereby approved shall be colour
treated in green BS 12B21and retained as such.
(Reasons)
1. Standard Reason R000 Section 91
2. Standard Reason R004A Amenity-area
APPLICATION No:
04/49720/DEEM3
APPLICANT:
Mrs J Murphy (Head Teacher)
LOCATION:
St Joseph R.C. Primary School Cutnook Lane Irlam
PROPOSAL:
Siting of one metal storage container
WARD:
Irlam
DESCRIPTION OF SITE AND PROPOSAL
This application relates to the existing primary on Cutnook Lane. The school is bordered to the
west by Moorfield County Primary School, to the east by St Joseph the Worker RC Church and to
the north by Lyndhurst Avenue. The application is for the siting of a steel container on the
southeast boundary of the playground to store play equipment. The proposed container would
measure 2.3m (l) x 2.3m (w) x 2.5m in height and would be colour coated green.
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SITE HISTORY
In 2004, planning permission was granted for the erection of a boundary fence (04/48602/FUL)
PUBLICITY
A site notice was displayed on 7th January 2005.
The following neighbour addresses were notified:
55-71 (odd numbers) and St Josephs RC Presbytery Cutnook Lane.
REPRESENTATIONS
I have received two objections in response to the planning application publicity. The following
issues have been raised:Loss of visual amenity from Cutnook Lane.
Loss of recreational space
UNITARY DEVELOPMENT PLAN POLICY
Site specific policies: None
Other policies: SC4-Improvement/Replacement of Schools
DEV1-Development Criteria
PLANNING APPRAISAL
The main planning issues relating to this application are the siting and design of the proposed
container.
The proposal is in general accordance with the aforementioned Unitary Development Plan
policies, in particular SC4, which seeks to improve school facilities to meet educational needs. I
am satisfied that should the container be situated in the proposed position that sufficient
recreational space would be retained for the school.
Policy DEV1 of the City of Salford Unitary Development Plan gives consideration to the location
and nature of the proposed development, including its relationship to existing and proposed land
uses. The Proposed container will be visible from Cutnook Lane, however I am of the opinion that
it will not have a significant impact on the visual amenity of neighbouring residents, as it will be
30m into the site away from Cutnook Lane. Railings surrounding the school to the rear of the
pavement on Cutnook Lane will screen the proposed container and I therefore consider the
proposed location to be in accordance with this policy.
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RECOMMENDATION:
Approve Subject to the following Conditions
1. Standard Condition A01 Five year time limit
2. Prior to its siting on the application site the metal storage container hearby approved shall be
colour coated green (BS12B21) prior to its siting on he site and retained as such thereafter.
(Reasons)
1. Standard Reason R000 Section 91
2. Standard Reason R004A Amenity-area
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:DEV1 - Development Criteria
DEV2 - Good Design
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