PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 APPLICATION No: 06/52639/HH APPLICANT: Parkfield Properties LTD LOCATION: 96 Rocky Lane Eccles M30 9LY PROPOSAL: Erection of detached garage in rear garden WARD: Eccles DESCRIPTION OF SITE AND PROPOSAL This application relates to a detached property on Rocky Lane in Eccles. The proposal is for the erection of detached garage with playroom and dormer window constructed in roofspace in rear garden. The proposed garage would be 7m in length, 5.5m in width and 6.8m high. The garage would have a pitched roof and which would have a small dormer in the roof space on the north elevation. The dormer would extend from the brick elevation by 4.6m to 1.2m from the ridgeline and would be 3.4m wide. This dormer would have a pitched roof ad would be a window to the playroom. SITE HISTORY There are two previous planning applications on this site Demolition of existing garden store, erection of a two-storey rear extension, a rear conservatory and detached garage at the rear of dwelling. This application was approved on the 7th September 2005 (Reference 05/51049/HH) Demolition of existing garden store and existing outrigger and erection of two storey rear extension including area of raised decking. This application was approved on the 7 th April 2005 (Reference 05/50156/HH) PUBLICITY The following neighbour addresses were notified: 94, 98, 121, 123, 125 Rocky Lane 26, 38 Egerton Road REPRESENTATIONS I have received 6 letters in response to the planning application publicity. Issues raised are highlighted below: Outlook for neighbouring residents The garage used for other purposes 1 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Impact on sunshine and daylight The size of the garage The disruption caused by the development The building is an eyesore REGIONAL SPATIAL STRATEGY Site Specific Policies: None Other Policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DES7 – Amenity of Users and Neighbours DES8 – Alterations and Extensions PLANNING APPRAISAL The main planning issues relating to this application are: whether the proposal would seriously injure the amenity of existing residential properties and whether the proposal complies with the relevant policies of the Adopted UDP and Supplementary Planning Document. Policy DES7 of the Adopted UDP states that development will not be permitted where it would have an adverse impact upon the occupiers or users of other developments in the vicinity or an unacceptable impact on the character and appearance of the street scene. Policy DES8 of the Adopted UDP states that permission to extend, or alter an existing building will only be permitted if it respects the general scale, character and proportions of the existing building and compliments the surrounding area. The Council’s Supplementary Planning Document (SPD) House Extensions is in consultation period and should be given substantial weight when determining planning applications. It provides additional guidance on the factors to be considered and standards maintained when determining householder applications. This application is for the erection of detached garage in the rear garden of a detached property on Rocky Lane in Eccles. The proposal would be 7m in length, 5.5m in width and 6.8m high. The garage would have a pitched roof and which would have a small dormer in the roof space on the north elevation. The dormer would extend from the brick elevation by 4.6m to 1.2m from the ridgeline and would be 3.4m wide. This dormer would have a pitched roof and would be a window to the playroom. HE3 states that planning permission will normally not be granted for a two-storey gable extension that does not maintain 13m from facing habitable room windows. There are habitable room windows in the rear elevation of 26 Egerton Road which are 17m from the gable of the proposed garage. I consider that the proposal is a suitable distance from the habitable windows not to have an unacceptable impact upon the amenity of these residents. The proposed garage is situated close to the boundary with 94 Rocky Lane. The majority of the garage would be adjacent to land at 94 Rocky Lane, which the neighbouring residents use to park their cars. Also there is a difference in ground levels, 94 Rocky Lane is 1m higher than the application site. The applicant has submitted a sun shadow survey in support of the 2 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 application, which demonstrates that due to the proposals orientation there would not be an unacceptable overbearing impact or loss of sunlight to the neighbouring gardens. I therefore consider that this proposal would be in accordance with DES7 of the Adopted UDP. There is a habitable room window in the rear elevation of 94 Rocky Lane. This would maintain between 12m and 14m from this window. I consider that this is acceptable, as the garage does not directly face this window. I am of the opinion that the garage would not have an unacceptable impact on light or outlook from this window therefore would not have an unacceptable impact on residential amenity that these residents currently enjoy. HE2 states that planning permission will not normally be granted for extensions that introduce windows close to gardens of neighbouring dwellings. There is a dormer window in the proposal at first floor level. This window would not be to a habitable room. The window would maintain 11.5m from the boundary with 98 Rocky Lane. I therefore consider that introducing this window would not have an unacceptable impact on the privacy enjoyed by the residents at 98 Rocky Lane. HE1 states that planning permission will not normally be granted for the erection of a garage with an up and over door unless a hardstanding of 5.5m in length and at least 2.4m in width. I consider that this proposal would have adequate hardstanding for at least one car of the highway and comply with this policy of the SPD. I have received objections as to the use of the proposed garage. I consider that the uses involved in the proposal are ancillary to the use of the existing property, therefore would have no potential to have an adverse impact upon residential amenity of neighbours. I have also received objections as to the size of the existing property and the need for another large addition. Large extensions to residential properties can be acceptable provided they do not have an unacceptable impact on the street scene or residential amenity and meet other policies. I am satisfied that this extension would not have an unacceptable detrimental impact on amenity and therefore have no objections to this proposal based on its size. CONCLUSION The proposed detached garage with playroom in roof space is not considered overbearing, dominant or to be out of character with the area or street scene. The proposal accords with the SPD on House Extensions and DES7 and DES8 of the Adopted UDP. I consider the design of the proposed extension to be acceptable and I am also satisfied that the proposal would not result in an unacceptable adverse impact on the amenity of neighbouring residents by virtue of overlooking or loss of privacy. Therefore I recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The facing materials to be used for the walls and roof of the development shall be the same type, colour and texture as those of the existing building, unless otherwise agreed in writing by the Local Planning Authority. 3 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 (reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R007B Development-existing building 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 APPLICATION No: 06/52781/FUL APPLICANT: Dairmiles Developments Ltd LOCATION: 37 - 39 Cavendish Road Salford M7 4WP PROPOSAL: Demolition of existing properties and erection of a part two/three/four storey building with undercroft car parking to provide eight apartments WARD: Kersal DESCRIPTION OF SITE AND PROPOSAL This application relates to 37 and 39 Cavendish Road, Salford 7. It is proposed to demolish the existing buildings and erect a part two/three/ four storey building comprising eight apartments. The properties are vacant at present. Number 37 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. Number 39 is a two storey detached vacant dwelling. 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 land is covered by an area TPO and there are protected trees to the front of the site and within it. There would be under croft car parking with one space per apartment and an area of hardstanding to the front of the development for any visitors. 4 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 SITE HISTORY In May 2005, planning permission was refused for the demolition of existing building (number 37) and erection of a three/four storey building comprising six apartments together with associated landscaping, car parking and alteration to existing vehicular and pedestrian accesses (05/50397/FUL). There were four reasons for refusal: 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 39 Cavendish Road due to its overbearing nature on the first floor side/rear conservatory. The application is therefore contrary to Policy DES7 of the Revised Deposit Draft Replacement Unitary Development Plan. The applicant has not submitted sufficient economic evidence to justify 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. The proposed development would result in the substantial pruning of tree T1 and felling of T3 (as shown on drawing no. 5416.20) that is protected by the City of Salford Tree Preservation Order No 4 and 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. The proposed development would, by virtue of its height, massing and location, have an unacceptably detrimental impact on the amenity of neighbouring residents, namely those of 35 Cavendish Road due to its overbearing and dominant nature. The application is therefore contrary DES7 of the Revised Deposit Draft Replacement Unitary Development Plan. In February 2005, planning permission was refused for the demolition of existing building (number 37) and erection of a part three/four storey building comprising six apartments together with associated landscaping and car parking (04/48546/FUL). There were four reasons for refusal: i) ii) iii) iv) 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. 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 application is therefore contrary to Policy DES7 of the Revised Deposit Draft Replacement Unitary Development Plan. Insufficient information has been submitted to enable the acceptability of the design of the front elevation of the proposed building to be fully assessed. 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. 5 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 In 1995, planning permission was refused for the change of use from a domestic dwelling to use for education purposes (94/33341/COU). The reason was due to ‘The proposed development would be out of character in this area of predominantly single family houses and would injure the amenity of neighbouring residents because of the traffic congestion and disturbance that would result from the use’. 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). 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). The reason was ‘The proposed use of the dwelling house as a residential home for the elderly would be out of character in this area of predominantly single family houses in particular because of its close proximity to the adjacent dwelling and inadequate parking provision’. 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). The reasons were: i) The development of this land in the manner proposed would be inappropriate and detrimental to the character and amenities of the good quality residential area. ii) In the interests of public and highway safety, in particular because of the narrow and inadequate access on to Cavendish Road. CONSULTATIONS Strategic Director of Environmental Services – no objections Environment Agency – no comments received Broughton Park Residents’ Association – no comments received Consultant Arborist - advised to retain tree 3881 and remove the others as indicated on the plan. The landscaping scheme shall also include suitable semi-mature trees to replace the ones removed and the appropriate tree protection measures shall be used during construction. PUBLICITY A site notice was displayed on 1 June 2006. The following neighbour addresses were notified: 18 to 36 Cavendish Road 23 to 49 Cavendish Road REPRESENTATIONS I have received six letters of objection in response to the planning application publicity. Two of the letters are from two properties, therefore eight households have objected. The following issues have been raised: 6 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Increase in traffic congestion Car parking problems Out of character with the area Impact on house prices in the area Loss of light Out of scale with the other properties on the road Impact on trees REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: DP3 Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: H1 – Provision of New Housing Development DES1 – Respecting Context DES7 – Amenity of Users and Neighbours A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments ST11 - Location of New Development 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 there would be a detrimental impact on the amenity of neighbouring residents; and whether the application accords with the policies of the UDP. Principle of the Proposal Policy H1 states that new housing development should, inter alia, contribute to the provision of a balanced mix of dwellings within the local area, not lead to an oversupply of any particular type of residential accommodation and provide a high quality residential environment. Policy ST11 seeks to locate new development in the most sustainable sites that are well related to housing, employment, services and infrastructure. This development would see the re-use of brownfield land, which complies with 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 that has not been previously developed (greenfield land). The site is less than 500m from Bury New Road which is served by a number of bus routes, and Bury New Road runs from Prestwich in Bury to Manchester City Centre. Employment and services are therefore accessible to future residents of the development. PPG3 also advises that development densities should be between 30 and 50 dwellings per hectare, and paragraph 58 of PPG3 reiterates Policy H1 by saying there should be a “greater intensity of development at places with good public transport accessibility such as city, town, district and local centres or around major transport nodes along good public transport corridors”. Draft PPS3 provides more recent, albeit only draft, guidance on suitable densities. 7 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Annex C of Draft PPS3 suggests a density of development of between 35 and 55 dwellings per hectare, given the suburban location of the site concerned. The density of this application is 40 dwellings per hectare, which therefore accords with the above policies. The proposal would create eight three-bedroom apartments in a residential area of houses and flats. 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. I would therefore consider the proposal to be in accordance with the above polices and the Adopted UDP. Design 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. Planning Policy Guidance Note 3 Housing is also relevant. It states that ‘new housing development of whatever scale should not be viewed in isolation. Considerations of design and layout must be informed by the wider context, having regard not just to any immediate neighbouring buildings but the townscape and landscape of the wider locality. It also states that local planning authorities should reject poor design’. Planning Policy Statement 1 Delivering Sustainable Development states that ‘local planning authorities should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness particularly where this is supported by clear plan policies or supplementary planning documents on design’. The surrounding area does contain a number of different styles of buildings. The wider area is characterised by a mix of both residential and non-residential buildings and I am satisfied that there is no particular style or form of building that is required in this particular location. The proposal has been amended from that originally submitted following a meeting with the case officer, the applicant’s architect and the Council’s architect. This was to ensure the contemporary interpretation of 1930s art deco inter-wars style the applicant was aiming for ‘works’ and is of a high standard with facings and finishes which are appropriate for the ‘look’. The original development was to be constructed with a buff brick with concrete edgings and curved glazing. The facing brickwork would now be in a soft red brick with feature banding, external cornice and detailing to the vehicular and pedestrian entrances. The glazed facade provides a visual break between the two elements of the proposed building; this together with the red brick and flat roofs combine to give a massing less intrusive than the existing situation as well the previous proposals for an apartment building in a Victorian style. The building is set back a minimum of 14m from the highway and given the height of the new building will be less than the existing situation with 37 and 39, I consider that the proposed building would sit happily in the street scene and I am of the opinion that the proposed building would not have an adverse impact upon the visual amenity of the area. It is well designed and incorporates materials of the highest quality thereby ensuring that the proposed building makes a positive contribution to the character of the area. On the above basis, I am of the opinion that the application accords with policy DES1, regional policy DP3 and central government advice as contained in PPS1 and PPG3. 8 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Trees Policy EN10 states that development that would result in the unacceptable loss of, or damage to, protected trees will not be permitted. Where the loss of trees is considered acceptable, adequate replacement provision will be required. Policy TD6 of the Council’s Supplementary Planning Document on Trees and Development says in the case of replacement tree planting the Council will require wherever practicable, the replacement on the basis of at least two news trees for each tree lost. There are trees covered by Tree Preservation No.4 to the front of the site and to the rear. The applicant has submitted a tree survey that has been checked by the Council’s consultant arborist and a site visit undertaken. The Council’s arborist confirmed the loss of the six trees that are to be removed (as per drawing 5416.10) would not have any effect upon the local amenity as they are in a poor condition with the exception of 3881, which is a sycamore in a good condition. The applicant has agreed to the retention of 3881 and to the replacement of the TPO trees that will be felled. I have attached a landscape condition which includes the requirement for replacement tree planting. Amenity Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The proposed building makes use of the existing site levels by providing a split-level solution resulting in three storeys at the front and four levels at the rear. (The ground floor at the rear would be lower than at the front). The western part of the building which replaces number 37 would be set back 6m further from Cavendish Road than number 37 due to there being a habitable room window in the side elevation of number 35. This will therefore ensure there is no overlooking, loss of light or privacy to the occupiers. The two storey part of the building to the east of the site is located in the same position, albeit at a different alignment, as the existing property number 39. There should therefore be no significant impact on the occupiers of number 41. There are no residential properties directly to the rear and there would be more than 35m between the new building and the properties on the opposite side of Cavendish Road. As the car parking would be under croft this leaves residents with a large area of private amenity space to enjoy with views of the wooded area to the rear of the site. There are also patio areas and the apartments would have balconies. I am therefore of the opinion there would not be an unacceptable detrimental impact on the amenity of the neighbouring residents and the future occupiers in accordance with policy DES7. Car parking Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. 9 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 There would be one space per apartment in the secure under croft car park to the rear of the building which totals eight spaces. There would also be an area of hardstanding to the front of the development for any visitors. There is space in the under croft car park for cycle parking. Cavendish Road is a relatively busy road and is used not only by residents but other drivers due to a school, church and youth club being located on this road. I would not consider the introduction of eight apartments to significantly increase the amount of traffic or parking on the street to an unacceptable level that would have a detrimental impact on highway safety and I have no objections on highway grounds. I consider the proposed level of parking to be acceptable and in accordance with Policy A10. CONCLUSION In conclusion, I consider the principle of the proposed development to be acceptable, that the scheme would contribute to the provision of a mix of dwelling types in the area. I am satisfied that the amenity of existing or future residents would not be unacceptably detrimentally affected as a result of this scheme. Consequently, I am satisfied that the application accords with the relevant policies of the Adopted UDP. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. Prior to the commencement of the development hereby approved, samples of all the materials for the external elevations and the roof of the building shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, (there shall be 4-6 semi-mature trees planted to replace the ones removed as per drawing 5416.10) walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. Standard Condition C04X Fencing of Trees protected by T.P.O. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004B Amenity - area 10 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 3. Standard Reason R004B Amenity - area 4. Standard Reason R010B Protect TPO trees Note(s) for Applicant 1. The responsibility to properly address contaminated land issues, including safe development, irrespective of any action taken by this authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council's Public Protection Unit on 0161 737 0551 as soon as is practicable should contamination be encountered during development of the site. 2. This planning permission relates to the amended plans received 20 July 2006. 3. As per drawing 5416.10 tree 3881 shall be retained. APPLICATION No: 06/52239/REM APPLICANT: Carmen Associates LOCATION: Site Of Formers Builders Grove/Haysbrook Avenue Worsley PROPOSAL: Details of the siting, design and external appearance of 10three storey town houses, 12- two storey dwellings and one three storey building comprising nine apartments together with associated landscaping, car parking and construction of new vehicular access WARD: Little Hulton Yard Brakesmere +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ADDITIONAL OBSERVATIONS The application was deferred to investigate the legal position on a) whether outline consent implied that access must be taken from a public highway ie Brakesmere Grove, b) whether the existing right of access to Seddons (builders) could be considered to form an access to the site under outline consent, and c) whether Council owned land could be incorporated into reserved matters application. The legal advice in response to the above is as following: a) & b) The outline consent implies only that access is to be a reserved matter and that details of the exact nature of that access will be supplied at the time of the reserved matters application. It is not possible to construe the outline consent in such a way as to infer from where the access should be taken. The red line relating to the outline consent indicates that in the applicant’s mind, access is to be taken directly from Brakesmere Grove. For another access route to be considered, it would have to be expressly indicated within the red line. 11 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 c) It is not possible for the purposes of the reserved matters application to expand the outline consent to include land outside the red line. The red line should include all land necessary to carry out the proposed development including land required for access to the site from a public highway, visibility splays etc. A fresh application would be required covering the Council owned land if this were to be considered for a means of access. As the applicant only has a right of way over this land, they would not be able to dedicate the land as public highway once development completed unless they were the free holder. The Council’s Property Development Department was asked to look into whether it would be possible to sell its land to the north of the application site to the applicant for it to be used for access into the site. The Council is currently undergoing a stock transfer of Housing owned property and this may mean it would not be possible to agree to sell any assets until that has been completed, and negotiations over price cannot be entered into until a formal decision from the Housing Committee has been reached. In conclusion, it is not possible to consider an access into the site that is not within the red line boundary of the outline consent. Even if it were possible, moving the access from Brakesmere Grove to Haysbrook Avenue would move the concerns raised by residents of Brakesmere Grove to the residents of Haysbrook Avenue. A revised site layout plan has been received to show the widening of Brakesmere Grove by almost 2m through the removal of 0.5m of the amenity space for the proposed apartments, and the removal of the landscaping strip. This would add almost 2m to the overall carriageway width to improve the free flow of traffic. I remain of the opinion the application should be recommended for approval. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ At a meeting of the Panel held on 20th June 2006 consideration of this application was DEFERRED FOR THE CASE OFFICER TO OBTAIN LEGAL ADVICE REGARDING ACCESS TO THE SITE. At a meeting of the Panel held on 15th June 2006 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. My previous observations are set out below: DESCRIPTION OF SITE AND PROPOSAL This application relates to the site of a former builders yard at Haysbrook Avenue/Brakesmere Grove close to the Little Hulton district centre. The site is bounded by residential property to the east and west, to the north is an office building beyond which is Haysbrook Avenue and the district centre. To the south is open land within the grounds of Woodlands Hospital. The access to the site would be from Brakesmere Grove. The proposal comprises a mix of apartments, town houses, detached and semi-detached properties. Apartments There would be a three storey apartment block fronting onto Brakesmere Grove which would have nine two bedroom apartments with car parking at the rear. Town houses - 12 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 There would be ten three storey town houses located along the southern part of the site, all with three bedrooms and an integral garage on the ground floor. Each house would also have a driveway and a rear garden. Corner houses Three two storey houses would be located in the south west corner. The central dwelling would have three bedrooms and on either side there would be two bedrooms. All would have a car park space at he front of the properties and a rear garden. Semi-detached properties There would be four pairs of semi-detached properties with three bedrooms, a driveway and a rear garden. Three pairs would be located to the west of the site and the other pair would be located centrally within the site. Detached properties – There would be two detached properties which would each have three bedrooms and driveway and a rear garden. SITE HISTORY Outline planning permission for the principle of residential development has been granted four times over the last 10 years: 1996 - 96/35560/OUT 1999 - 99/40108/OUT 2003 - 02/45282/OUT 2006 - 05/51946/OUT CONSULTATIONS Strategic Director of Environmental Services – a condition for a contaminated land investigation report has been recommended. United Utilities – have no objections providing the site is drained on a separate system with only foul drainage connected into the foul sewer. A pair of public sewers cross the site and United Utilities would not permit building over them however the sewers could be diverted. Environment Agency – no objections. Greater Manchester Police Architectural Liaison Officer – comments and advice has been provided on the lighting, landscaping, bin stores and the private amenity spaces. PUBLICITY A site notice was displayed on 24th March 2006. The following neighbour addresses were notified: Court Welfare Service, Haysbrook Avenue 2 to 6 Brakesmere Grove 30 to 48A Hulton District Centre 15 to 31 Armitage Avenue 13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 1 and 3 Haysbrook Avenue 21 Haysbrook Avenue ‘Wicheves’ Haysbrook Avenue REPRESENTATIONS I have received two letters of objection, one with signatures from eight households and the other with signatures from four households in response to the planning application publicity. The following issues have been raised: Increase in traffic Headlights shining into windows of existing properties Disruption during construction period Access should be from Haysbrook Avenue REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: none UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: H1 – Provision of New Housing Development A10 – Provision of car, cycle and motorcycle parking in new developments DES1 – Respecting Context DES7 – Amenity of Users and Neighbours DES13 – Design Statements ST11 - Location of New Development H8 - Open Space Provision Within New Housing Development PLANNING APPRAISAL The principle of residential development has been established through the previous outline planning applications. The main planning issues relating to this application are: whether the proposed density and mix of dwellings is acceptable whether the design of the proposed dwellings is acceptable; whether there would be an impact on the amenity of residents as a result of the proposal; whether the proposed level of car parking is acceptable; and whether the proposed development complies with the relevant policies of the Adopted and Draft Replacement UDP. I shall deal with each in turn below. Density and Dwelling Mix Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. National Policy contained within Planning Policy Guidance Note 3: Housing highlights the need to develop previously developed brownfield sites. It also states that where appropriate higher densities should be considered. The density of the proposed development would be approximately 61 dwellings per hectare. The proposal includes a variety of dwelling types and sizes including two bedroom 14 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 apartments and two and three bedroom houses for families. I am satisfied that this is an appropriate mix and accords with policies H1. The development site is within walking distance of Little Hulton District Centre, and food supermarkets on Armitage Avenue. The site is accessible by public transport with bus stops being located on Manchester Road and on Armitage Avenue. As such, I consider the density to be acceptable and the proposal to accord with the thrust of the policies highlighted above. Design Policy DES11 requires applicants for major developments to demonstrate that the proposal takes account of the need for good design. A written statement should be submitted which explains the design concepts and how these are reflected in the development’s layout, scale and visual appearance, the relationship to the site and its wider context and how the proposal meets the Council’s design objectives and policies. A design statement has been submitted with the application that demonstrates how the development meets the design objectives and policies of the City Council. The existing properties in the immediate area are a mix of semi-detached houses and terraced properties. This scheme provides a mix of dwelling types to increase housing choice, which includes apartments at the entrance to the site. The layout is such to allow accessibility and ease of movement whilst maintaining separation distances and providing car parking provision and sufficient private amenity space for future occupiers. The design of the front elevation of the apartments has been amended to include additional detailing and mock entrance features (entrance at the rear from car park) to improve the appearance of the entrance to the development and also provide a more interesting outlook for the residents of Brakesmere Grove. I have attached a condition requiring the submission of samples of materials to be submitted and approved prior to the commencement of development to ensure that they accord with those of surrounding buildings and that they are of a suitable high quality. Amenity of Users and Neighbours 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. 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 neighbouring residential properties are located to the east and west of the site. The layout of the proposed development ensures that the Council’s minimum separation distances are maintained. I am of the opinion that these distances are sufficient to ensure that the proposed buildings would not be overbearing, reduce the amount of light existing residents currently receive or result in neighbouring residents being overlooked. Consequently neighbouring residents would not experience an unacceptable reduction in the residential amenity they currently enjoy should the proposed development be implemented. This also ensures future occupiers will also have privacy and not be overlooked by existing properties. Each town house, semi-detached dwelling and detached dwelling has a rear garden and the apartments 15 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 have amenity space for future residents. I therefore consider the proposal accords with the above policies. Car Parking Policy A10 states that the maximum car parking standards should not be exceeded. The access cannot be directly from Haysbrook Avenue as this is not within the red line boundary of the outline application. A total of 32 car parking spaces would be provided within the site and ten of the properties would have integral garages. Given the total number of units proposed (32), the proposed level of car parking is acceptable, particularly given the site’s proximity to Armitage Avenue and Manchester Road and a number of bus services. The proposed provision is in accordance with the maximum car parking standards advocated by the government in PPG13 and in the Draft UDP. I have no highway objections and do not consider there would be an unacceptable increase in traffic. I therefore have no objections to the application in this regard. Open Space 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 is aware that a contribution towards the provision and maintenance of an equipped children’s playground and associated open space in the vicinity is required. The total contribution in this regard would be £73,837. I have attached a condition requiring such a contribution. I am therefore satisfied that the application therefore accords with Policy H8. CONCLUSION In conclusion, I consider that this proposal incorporates a mix of dwelling types and sizes, with good design. I do not consider that there would be an unacceptable impact on the amenity of existing residents. The application accords with the relevant policies of Adopted UDP. I therefore recommend that the application be approved. It is recommended that authority be given for the Strategic Director of Customer and Support Services to enter into a legal agreement under Section 106 of the Town and Country Planning Act to secure the future maintenance of the play area. RECOMMENDATION: Approve Subject to the following Conditions 1. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of all the buildings shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority. 2. Prior to the commencement of development a site investigation report (the Report) shall be submitted to and approved in writing by the Local Planning Authority. The 16 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 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 investigation shall where appropriate include a risk assessment and an options appraisal including the remedial strategy. The proposed risk assessment, including the sampling and analytical strategy shall be approved in writing by the Local Planning Authority prior to the start of the site investigation survey. The development shall be carried out in accordance with the approved Report including its risk assessment, options appraisal and recommendations for implementation of the remedial strategy. 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 were completed in accordance with those agreed by the Local Planning Authority. 3. The landscaping scheme hereby approved shall be implemented within 12 months of the commencement of development unless agreed otherwise in writing by the Local Planning Authority. 4. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policy H8 of the City of Salford UDP and the Draft Salford Greenspace Strategy 2006 will be paid to the Local Planning Authority for open space and recreation space purposes and for local environmental improvements or such purposes as agreed in writing by the Local Planning Authority. (Reasons) 1. Reason: To safeguard the amenity of the area in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 2. Reason: To safeguard the amenity of the future occupants of the development accordance with policy DEV 1 of the City of Salford Unitary Development Plan. in 3. Reason: To safeguard the amenity of the area in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 4. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policy H8 of the City of Salford Unitary 17 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Development Plan. Note(s) for Applicant 1. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 Saturdays 08:00 to 13:00 Construction works shall not be permitted on Sundays or Bank or Public Holidays Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 2. The contractor who demolishes the building shall contact Salford City Council's Building Control Unit to discuss demolition prior to work commencing. 3. The existing warehouse on the site has corrugated roof covering which is likely to be asbestos, removal of which is controlled under the Licensing Regulations and as such any work to remove these must be carried out by a contractor licensed by the Health & Safety Executive. 4. This planning permission relates to amended plans received on 23rd May 2006 (floor plans and elevations) and in relation to the general site layout drawing no.6728 P-05 C received 4th August 2006. APPLICATION No: 04/49486/FUL APPLICANT: Adam Geoffrey Management Limited LOCATION: Conavon Court 12-16 Blackfriars Street Salford 3 PROPOSAL: Alterations to existing building together with change of use of part ground floor from offices to restaurant (A3) and bar (A4), erection of a part single/part ten storey rear extension and four storey side extension to provide office accommodation (A2 and B1 uses) WARD: Ordsall At the meeting of the panel held on the 11th August 2006 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. My previous observations are set out below: DESCRIPTION OF SITE AND PROPOSAL 18 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Conavon Court is a five storey former warehouse and office building. It is Grade II listed and situated within the Flat Iron Conservation Area, close to the junction of Blackfriars Street and Chapel Street. Part of the building is currently in use as offices, although large parts of the building are vacant. The surrounding area comprises a mix of uses. 10 Blackfriars Street (the former Textile Institute, now known as the Textile Apartments) and 18 Blackfriars Street (The Gallery), on either side of Conavon Court, are both in residential use in the form of apartments. Adjacent to the former Textile Institute, which is a Grade II listed building, is a public house, beyond which are other commercial properties which front Chapel Street, with some residential accommodation at first floor level. On the opposite side of Chapel Street is the Sacred Trinity Church, which is a Grade II* listed building. On the opposite side of Blackfriars Street is Dial House, which is used for telecommunications purposes, and a hotel. A new apartment block is currently under construction at the junction of Blackfriars Street and Chapel Street. To the rear of Conavon Court is Booth Street, beyond which is The Edge development, which comprises several buildings which are predominantly used for residential purposes. The proposed rear extension to Conavon Court would be part single story, part ten storeys in height. The single storey element would accommodate car parking and a landscaped garden area above at first floor level (when viewed from Booth Street). The extension would be located on an area of hardstanding at the rear of the building. The ten storey element of the proposed extension would maintain a minimum of 19m from its side elevation to the side elevation of the Textile Apartments. The proposed side extension would front Blackfriars Street and would infill what is currently a void between the main building of Conavon Court and the Textile Apartments. It would be four storeys in height, above an existing single storey element of the building. A total of thirty three car parking spaces, including three disabled spaces, would be provided within the lower and upper basement areas of the building. Vehicular access into the car park would be from Blackfriars Street via the original carriageway opening. Provision for the parking of ten bicycles would also be made in the upper basement area of the building. The ground floor of the building would accommodate a restaurant and a bar, which would be accessed from Blackfriars Street. At the rear of the building on the ground floor, located within the proposed rear extension, there would be an office unit. The remaining floors would accommodate office units, with air conditioning and extraction units contained within the pavilion (ninth floor). The external elevations of the proposed extensions would be glazed and would be of a modern design and appearance, as will be discussed in more detail below. Important original features of the exterior of the existing building, including the chimneys and the viewing room, would be retained as part of these proposals. In addition to the proposed extensions and change of use of part of the building, the applicant is proposing a number of alterations to the interior and exterior of the building. The alterations to the exterior are relatively minor and mainly involve reinstating original windows within the rear elevation where these have been bricked up. The remainder of the work to the exterior, including painting, re-pointing and repairing certain features such as windows, does not require planning permission. The internal alterations do not require planning permission, but do require listed building consent. That application appears elsewhere on this agenda. 19 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 CONSULTATIONS Environment Agency – no objections Strategic Director of Environmental Services – no objections subject to conditions requiring a noise assessment and site investigations, as well as an appropriate fume extraction system. English Heritage – no objections Greater Manchester Police Architectural Liaison Officer – no objections United Utilities – no objections Central Salford Urban Regeneration Company – no objections PUBLICITY The application has been advertised by site and press notices. The following neighbour addresses were notified: 1 – 274 The Edge, Clowes Street Countryside Properties Apartments 1 – 55 The Gallery, 18 Blackfriars Street 1, 2, 3 Chapel Buildings, 83 Chapel Street 1 – 29, Textile Apartments, 10 Blackfriars Street 10, 11, 18 – 28 (E) Blackfriars Street 65 – 95 (O) Chapel Street 10 Booth Street 1 – 5 Black Lion Court, 75 – 79 Chapel Street REPRESENTATIONS I have received letters of objection from eleven local residents in response to the planning application publicity. I have also received an objection from a neighbouring developer and an objection from a planning consultant on behalf of a number of local residents. Many of the objectors have sent in several letters in relation to the various amendments to the scheme. The following issues have been raised: Detrimental impact on the Listed Building Detrimental impact on the Conservation Area The height, scale and massing of the proposed building is inappropriate The proposed extension would result in an unacceptable level of overshadowing and loss of light The proposed extension is unnecessary The proposed extension would result in a loss of privacy The proposed scheme fails to provide adequate amenity space for residents and visitors Increase in traffic Increase in noise The proposed extension would discourage new residents moving into the area The extension would be too close to neighbouring residential properties Bats roost in the building 20 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Loss of view Loss of open space There would be fumes and odours from the proposed restaurant The financial information submitted by the applicant is incorrect Noise and disturbance from building work Devaluation of property REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: DP1 – Economy in the Use of Land and Buildings DP2 – Enhancing the Quality of Life DP3 – Quality in New Development SD1 – North West Metropolitan Area – Regional Poles and Surrounding Areas EC8 – Town Centres – Retail, Leisure and Office Development UR1 – Urban Renaissance UR4 – Setting Targets for the Recycling of Land and Buildings T9 – Demand Management ER1 – Management of the North West’s Natural, Built and Historic Environment UNITARY DEVELOPMENT PLAN POLICY Site specific policies: CH5/1 – Works Within Conservation Areas MX1/1 – Development in Mixed Use Areas Other policies: ST7 – Mixed Use Development ST8 – Environmental Quality ST11 – Location of New Development ST12 – Development Density ST15 – Historic Environment DES1 – Respecting Context DES5 – Tall Buildings DES7 – Amenity of Users and Neighbours DES8 – Alterations and Extensions DES10 – Design and Crime DES11 – Design Statements A8 – Impact of Development on the Highway Network A10 – Provision of Car, Cycle and Motorcycle Parking in New Development CH1 – Works to, and Demolition of, Listed Buildings CH2 – Development Affecting the Setting of a Listed Building CH3 – Works within Conservation Areas PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of the proposed uses is acceptable; whether there would be an impact on the setting of listed buildings or the character and appearance of the conservation area; whether there would be an impact on the amenity of neighbouring residents and whether parking and access arrangements would be satisfactory. I shall deal with each of these in turn below. 21 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Principle of the Proposed Uses Policy MX1 highlights Chapel Street East as an area to be developed for a mixture of uses. Appropriate uses include housing, offices, tourism, leisure, retail and community facilities. In determining the appropriate mix of uses on the site, regard will be had to a number of factors, including the positive impact of the proposal on the regeneration of the wider area, the contribution the proposed development would make towards securing activity in the area throughout the day and the prominence of the location. Policy ST7 states that mixed use development schemes that minimise the need to travel will be focused towards specific areas including Chapel Street Regeneration Area, Salford Quays, the Ordsall Lane Riverside Corridor, Lower Broughton, the town centres, neighbourhood centres and other locations well served by public transport. Policy ST11 outlines the sequential approach to the bringing forward of land for development and details the order in which sites for development should be brought forward: existing buildings; previously developed land which is well served by a choice of means of transport and is well related to housing, employment, services and infrastructure; previously developed land in other locations provided that adequate levels of accessibility could be achieved; and finally greenfield sites in locations which are, or would be made to be, well served by a choice of transport and well related to employment, services and infrastructure. The proposed development comprises a mixture of uses, namely offices, a restaurant and a bar. These accord with the mix of uses outlined in Policy MX1. The proposed restaurant and bar use on the ground floor of the building would contribute towards increasing activity in the area throughout the day and in the eveining, given the entrances to the building from Blackfriars Street. The majority of the building would remain as offices, which is considered appropriate given the existing use of the building. The site is located within the Chapel Street Regeneration Area and is in close proximity to Manchester City Centre. It is therefore within one of the areas cited in Policy ST7. Given that the application would bring a semi-vacant building back into use and proposes an extension on an under-utilised and unattractive piece of land, the proposal is considered to be in accordance with Policy ST11. Given that the site is located within the Regional Centre, the principal of office, restaurant and bar use is considered acceptable and in accordance with RSS Policy EC8. In light of the above, I consider the proposed mix of uses to be entirely appropriate in this location and consistent with the relevant polices. Impact on listed buildings and the conservation area and whether the proposal would respect its context Policy CH1 outlines a number of factors to which regard will be had in the consideration of proposals for the alteration, extension, change of use or demolition, whether partial or total, of a listed building. These include the effect on the importance of the building, the features of the building, its setting and contribution to the local scene and the extent to which the proposed works would bring substantial benefits for the community. It continues to state that such works will only be permitted where they would preserve or enhance the character and features of special architectural interest that contribute to the reasons for its listing. The policy states that total or partial demolition of a listed building, or its change of use, will only be permitted where: it is not practicable or economically feasible to continue to use the building for its existing or pervious purpose; it can be clearly demonstrated that there is no other viable use of the building and no other viable means of securing its preservation; and in relation to 22 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 total demolition, any proposed redevelopment or the creation of a cleared site would not cause unacceptable harm to the setting of any remaining listed buildings. Finally, the policy states that, where consent for demolition is granted in accordance with the above criteria, it would be subject to a number of conditions, including the prior approval of detailed plans for the replacement development and the recording of details of the listed building. Policy CH2 states that planning permission will only be granted for development that would not have an unacceptable impact on the setting of any Listed Building. Policy CH3 states that development within conservation areas will only be permitted where it would preserve or enhance the character or appearance of the area. Regard will be had to whether the proposal is of a high standard of design, retains or improves features which contribute to the character or appearance of the conservation area and protects and improves important views within, into and out of the conservation area. 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, the quality and appropriateness of proposed materials and the impact on views. Policy DES5 sets out twelve circumstances where tall buildings will be permitted. These include where: the scale of the development is appropriate to its context and location; the location is highly accessible; the building would positively relate to and interact with the adjacent public realm; the building would be of the highest quality design; it would make a positive addition to the skyline; the building would not detract from important views; there would be no unacceptable overlooking or overshadowing; there would be no unacceptable impact on the setting of a listed building or the character or appearance of a conservation area; there would be no unacceptable impact on microclimate, telecommunication activity or aviation activity; and would be consistent with other policies and proposals of the UDP. The reasoned justification confirms that this policy applies to all buildings and other structures which are significantly higher than surrounding buildings, or which could have a significant impact on their surroundings by virtue of their height. Policy ST15 states that the historic and cultural assets that contribute to the character of the city will be preserved and, wherever possible and appropriate, enhanced. RSS Policy ER1 advises local authorities to promote a positive approach to the management of the Region’s natural, built and historic environment and protect it from development likely to cause harm. Planning Policy Guidance Note 15: Planning and the Historic Environment, is also of relevance. Paragraph 3.8 states that ‘generally the best way to secure the upkeep of historic buildings is to keep them in active use.’ It recognises that a building’s original use may no longer be appropriate or viable. In considering alterations and extensions to listed buildings, paragraph 3.13 states that many listed buildings can sustain some degree of sensitive alteration or extension to accommodate new uses. Paragraph 3.15 advises that ‘achieving a proper balance between the special interest of a listed building and proposals for alterations and extensions is demanding and should always be based on specialist expertise; but is rarely impossible, if reasonable flexibility and imagination are shown by all parties involved.’ In relation to conservation areas, paragraph 4.17 of PPG15 states that many conservation areas include gap sites which make no positive contribution to, or detract from, the character or appearance of the area, and that their replacement should be seen as an opportunity to 23 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 enhance the area. It emphasises that new buildings should not directly imitate earlier styles, but that they should be designed with respect for their context as part of a larger whole which has a well-established character and appearance of its own. The primary and most important elevation of the building is the front elevation facing Blackfriars Street. This is emphasised by the treatment and architectural detailing of the front elevation, such as the central round-arched door with marble shafts and moulded architraves, Venetian Gothic windows and string courses. Such detailing is absent from the rear elevation, which serves to reinforce the fact that this is, and always has been, a less important elevation. During the nineteenth and early twentieth centuries, there were buildings between the rear of Conavon Court and Booth Street, so the rear elevation of the building was not intended to be as visible as it is today and was not therefore designed to the same high standard as the front elevation. The area to the rear of Conavon Court, beyond Booth Street, has changed significantly over recent years, due largely to The Edge development, which has introduced high rise modern buildings into the area, in close proximity to the conservation area and a number of listed buildings. Booth Street is now a cul-de-sac, rather than a through-route, terminated by The Edge buildings. Given the lesser importance of the rear elevation of Conavon Court and the significant changes which have taken place around Booth Street over the past few years, I consider that the introduction of an extension to the rear of the building would be acceptable and would serve to preserve and enhance the character of the conservation area and the listed building. The proposal would result in the redevelopment of what is currently an underused and unattractive area to the rear of Conavon Court and its replacement with an extension which would be of a high quality design. This would serve to improve views within the conservation area, as recognised by PPG 15 and as required by Policy CH3. The height of the proposed rear extension relates to the height of the lower elements of The Edge, to the rear of Conavon Court. In the assessment of the application for The Edge, the height of the buildings was considered acceptable, given the distance they would be set back from Blackfriars Street. They were considered to have a positive impact on the area. The principle of a building of a ten storey building in this location is therefore considered acceptable. The proposed rear extension would be set back from the main bulk of Conavon Court, thereby reducing its visual impact in relation to the existing building when viewed from Blackfriars Street. Indeed, views of the proposed rear extension would be relatively limited at street level from Blackfriars Street and Chapel Street. In those locations where it would be visible, only the upper floors would be visible from Blackfriars Street, and the extension would appear as a separate entity, distinct from the main building. This would also allow the articulation and mass of Conavon Court to remain complete and for the original front elevation, with chimneys and viewing room, to remain dominant. On this basis, I am satisfied that the proposed rear extension would not have an unacceptable or dominant impact on Conavon Court. The external elevations of the proposed extensions would be predominantly glass. The applicant has confirmed that glazing was selected to ensure that there would be no unacceptable adverse impact on the listed building, the conservation area, or the setting of other listed buildings in the vicinity. The use of different materials from those used in the original building serve to make the extensions distinct and separate from the original building. The use of relatively few materials and the uncomplicated architectural style and detailing within the extensions would create a sympathetic setting to the more elaborately articulated original building. Such an approach is considered preferable to one which seeks to imitate or replicate the design of an original building, and is a common approach used when extending listed buildings. The use of such materials is also considered appropriate given the materials 24 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 used for surrounding recent developments, such as The Edge, which also contain a large amount of glazing. I am therefore of the opinion that the proposal complies with policies CH1 and CH3 in respect of the standard of the design and its contribution to the preservation and enhancement of the listed building and the conservation area. Conavon Court was extended in 1914 to fill in a gap which existed between the main building and the former Textile Institute. The extension was intended to provide a high status entrance to the building for visitors and customers. The bricks used for the upper floors of this extension are however poor quality and it has been poorly pointed, particularly when compared to the brickwork and architectural embellishments of the original building. This would indicate that some form of infill extension above the single storey entrance was considered at the time of the original design and construction of the building, but was never carried out. As discussed above, the design and materials of the extension are considered appropriate, given their modern character and relative simplicity. The proposed side extension would enhance the character and appearance of the conservation area and Conavon Court by virtue of its design and materials and through filling a gap between two buildings where the current architectural detailing is inferior to the remainder of the building. I therefore consider the proposed side extension to be acceptable and in accordance with the above policies. In considering the proposal’s impact on the setting of adjacent listed buildings, it is important to consider the application in relation to the Textile Apartments. Given that the proposed side extension would occupy a gap between the side of Conavon Court and the former Textile Institute, and that, as discussed above, it is likely that it was always the intention to fill this gap, I consider that the principle of an extension in this location would not unacceptably impact on the setting of the former Textile Institute. As discussed above, the proposed materials are considered to be acceptable, particularly in creating a distinction between the original building and the proposed new elements. The proposed side extension would also be different to the former Textile Institute in terms of architectural style and detailing. The front elevation of the former Textile Institute contains what are almost continuous bands of fenestration at each floor. The upper floors have bays defined by pilasters, as well as other decorative features. The building is generally very decorative with considerable architectural detailing. The proposed side extension would, in comparison, be of a relatively simple design using glazed panels. In relation to height and scale, the former Textile Institute is five storeys with an attic. The proposed side extension would be similar in height to the main body of the former Textile Institute, although it would be lower than the highest point of the former Textile Institute. It would also be relatively narrow. I consider that the scale, height, materials and design of the proposed side extension are such that it would appear as a subordinate, rather than a dominant, feature in the street scene and would not have an unacceptable impact on the setting of the former Textile Institute. I therefore consider that the proposed side extension complies with Policy CH2. The proposed rear extension would be higher than the Textile Apartments. However, as discussed above, views of the proposed rear extension from street level along Blackfriars Street would be relatively limited, and in those positions where it could be seen, it would appear as a separate entity to the rest of Conavon Court, given the materials used and the design of the extension. I do not therefore consider that the proposed rear extension would dominate the street scene along Blackfriars Street. I acknowledge that, from Booth Street and the Textile Apartments, the proposed rear extension would be highly visible. I do not however consider that this alone means that there would be an unacceptable impact on the setting of the former Textile Institute. I have already discussed that I am of the opinion that the proposed extension would be of a high quality in terms of its design and the materials used. I have also explained that the extension would be built on what is currently an unattractive and 25 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 disused area. In light of all of the above, I therefore consider that the application would enhance the setting of the listed building and that it accords with Policy CH2. As discussed above, Policy DES5 relates to tall buildings. The reasoned justification to the policy advises that the policy applies to all buildings which would be significantly higher than surrounding buildings, or which could have a significant impact on their surroundings due to their height. Whilst The Edge development is taller than the proposed development, the proposed rear extension would be higher than Conavon Court and other surrounding buildings. I therefore consider that the rear extension should be assessed against the criteria of Policy DES5. I have already discussed the scale of the proposed rear extension and have concluded that, given its siting to the rear of the building and its design and materials, its scale would be appropriate and accords with criterion i). As also discussed above, the site is in close proximity to Manchester City Centre and is therefore highly accessible by public transport, walking and cycling, in accordance with criterion ii). Although the rear extension would be adjacent to Booth Street, which is a public highway, there are no other areas of public realm which would be directly affected by the proposed rear extension, and criterion iii) of the policy is not therefore directly relevant. As discussed above, I consider the proposed rear extension to be of a high quality design, due to the proposed materials and its relationship to the listed building and the conservation area. I am therefore satisfied that it complies with criterion iv). I have considered the impact of the proposed rear extension on the street scene, particularly from Blackfriars Street and have concluded that where it would be visible, it would serve to enhance the character and appearance of the area. When viewed from Chapel Street and Blackfriars Stretet, I consider that it would be seen in the context of The Edge buildings, which are, for the most part, significantly higher than the proposed extension. I am satisfied that, given the quality of the design and materials, the proposed rear extension would be a positive addition to the skyline, in accordance with criterion v). Similarly, I do not consider that the extension would detract from important views. As discussed, views of the proposed rear extension would be limited from street level on Blackfriars Street, and where it is visible, it would enhance views. I am therefore satisfied that it would comply with criterion vi). Issues relating to overshadowing and overlooking will be discussed in detail in the subsequent section of this report. However, as will be explained in more detail below, I am satisfied that there would be no unacceptable detrimental impact on the amenity of neighbouring residents as a result of this proposal, in accordance with criterion vii). I have discussed in detail the proposed rear extension’s impact on the setting of the adjacent listed building and on the character and appearance of the conservation area earlier in this report and have concluded that there would be no unacceptable impact on its setting, in accordance with criterion viii) of Policy DES5. In relation to impact on microclimate, I am doubtful whether there would be any unacceptable detrimental impact, given that the proposed extension would only be ten storeys in height, and that the buildings immediately adjacent, including the existing part of Conavon Court, the former Textile Institute, the Gallery apartments, are lower in height. Likewise, given that the extension would only be ten storeys, I do not consider that there would be any unacceptable impact on telecommunications activity or aviation safety, in accordance with criteria ix), x) and xi). The scheme’s compliance with other policies of the UDP will be discussed in more detail below. I am however of the opinion that it complies with other relevant policies and is therefore in accordance with criterion xii). It should be noted that the reasoned justification to Policy DES5 states that tall buildings are more likely to be appropriate in the mixed use areas. This site is within one of the mixed use areas identified by Policy MX1, and I therefore consider that this lends support to the application. In light of the above, I am satisfied that the application accords with all of the criteria of Policy DES5. 26 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 It should also be noted that the Council’s conservation officer has been heavily involved in the formulation of the proposals and has provided feedback to the applicant at pre-application stage and during the consideration of the planning application. He has confirmed that he has no objections to the application and that it would preserve and enhance the character and appearance of the conservation area and the listed building, and would not unacceptably harm the setting of the Textile Apartments. English Heritage has been consulted on the application, and representatives were involved in pre-application discussions with the applicant. English Heritage has no objections to the application. In view of the advice from both the Council’s conservation officer and English Heritage, I am satisfied that the proposal would not have an unacceptable adverse impact on the character or appearance of the conservation area, Conavon Court itself, or the setting of other adjacent listed buildings. I consider that the proposal would be a positive addition to the area, resulting in the re-use of a vacant and unattractive piece of land to the rear of the building and would secure the long term use of the building. I am satisfied that the proposed development would preserve and enhance the character and appearance of the conservation area and the listed building, and would enhance the setting of adjacent listed buildings. I therefore consider that the application complies with the above policies. Impact on Amenity of Neighbouring Residents 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. A number of neighbouring residents have raised concerns that the proposed development would impact on their amenity. These concerns largely relate to the proposed rear extension, its height and its proximity to the former Textile Institute. Residents are concerned that it would result in a loss of privacy and would have an overbearing impact. The proposed rear extension includes a landscaped area which would be the equivalent of first floor level (when viewed from Booth Street, although it is labelled as ground floor on the plans, due to the change in levels between the front and rear of the building). This would be a minimum of 4.6m from the side of the Textile Apartments. However, given that it would be relatively similar in height to the first floor of the Textile Apartments, I do not consider that it would have an overbearing impact on the residents of that building. The ten storey element of the side elevation of the proposed extension would be a minimum of 19m from the side elevation of the Textile Apartments. This would increase to a maximum of 20m closest to Booth Street. There are main habitable room windows within the side elevation of the Textile Apartments. In relation to overlooking and loss of privacy, the applicant has tried to address the concerns of residents by providing samples of the glazing which would be used for the building. Although different types of glazing would be used for the elevations, the samples submitted would be obscure, to prevent occupiers of the office units within the proposed extension from looking into the habitable rooms of the apartments within the former Textile Institute. Given that the extension would be used for commercial, and not residential purposes, and in light of the materials to be used for the proposed extension, I am satisfied that there would be no unacceptable detrimental impact due to overlooking. Residents of the Textile Apartments are also concerned about the overbearing impact of the proposed rear extension, given that there are habitable room windows within the side 27 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 elevation. I acknowledge that the proposed rear extension would be ten storeys in height and that it would result in the introduction of a ten storey building where there is currently just hardstanding. I also acknowledge that residents of the Textile Apartments would experience some loss of light as a result of the proposed rear extension. It is however necessary to establish whether the loss of light as a result of the development would be acceptable, and this must then be considered against the benefits of the proposal. In order to assist with this consideration, the applicant was requested to submit information relating to shadowing and loss of light as a result of the proposal, which the applicant has provided. From this information, I accept that residents of the Textile Apartments would experience some loss of light as a direct result of the proposed rear extension. However, the building is already surrounded by relatively tall buildings, particularly since The Edge buildings were constructed and I do not therefore consider that the proposed rear extension would significantly, or unacceptably, alter this situation. It should also be noted that the site is within the Regional Centre, close to Manchester City Centre and within the Chapel Street Regeneration Area, where high density development is encouraged in order to make the most efficient use of land. In such areas, it is unusual, and not often appropriate given the need to achieve high density development, for residents to have the same level of outlook or benefit from the same level of light as those who reside in suburban or rural areas. The distance of 19m between the ten storey element of the rear extension and the side elevation of the former Textile Institute is comparable to the relationship between the different blocks of The Edge, which are mainly residential and directly face each other, and actually exceeds the relationship between other properties in the area, such as The Edge and the Chapel Wharf developments, where there would be approximately 12m between facing habitable room windows. Taking all of the above into account, I consider that there would be no unacceptable detrimental impact on the amenity of residents of the Textile Apartments by virtue of overlooking, loss of privacy or loss of light. I am therefore satisfied that the application accords with Policy DES7 in this regard. The ten storey element of the proposed rear extension would, from the information supplied by the applicant, be a minimum of 9.6m from Bock D of The Edge development. It would not directly face any of the other buildings constructed as part of The Edge development. Although there are habitable room windows within the elevation of Block D, these rooms have other windows with different outlooks, and I do not therefore consider that the proposed rear extension would have an unacceptable impact on the amenity of residents of this building. Notwithstanding this, I consider that, as the proposed rear extension does not directly face the whole of the side elevation of Block D, residents of that building would still have an acceptable outlook. The proposed rear extension would be located adjacent to the side elevation of the Gallery building, which is used for residential purposes. There are no main habitable room windows within the side elevation of the Gallery building, as these front Booth Street. I do not therefore consider that the proposed rear extension would have an unacceptable detrimental impact on the amenity of those residents. One objector is also concerned about loss of view. It is well established that there is no right to a view which the planning system should protect. This is not therefore a material planning consideration, and is not a matter which can be afforded any weight in the determination of this planning application. I have already discussed the positive impact the proposal would have on views into and within the conservation area, due to the redevelopment of an unattractive site with a high quality modern building which respects its surroundings. I therefore have no objections to the application in this regard. 28 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Residents have also raised concerns relating to increases in noise as a result of the proposal. In relation to noise, I am doubtful whether the additional office space created as a result of this proposal would result in a significant increase in noise. The offices within the building can at present operate 24 hours a day, seven days per week, and I do not therefore consider it necessary or reasonable to restrict the hours of operation of the offices within the proposed extensions. In addition, the site is located in close proximity to Manchester City Centre, within the Regional Centre and close to the junction of two busy roads. There is therefore a high level of activity in the area during the day and evening, in terms of traffic, pedestrians and other neighbouring uses. The background noise levels in the area are therefore relatively high, and I do not therefore consider that any increases in noise would be unacceptable. Noise from construction activity is an inevitable consequence of development and only occurs for temporary periods. In view of this, I do not consider that these concerns warrant the refusal of the application. Finally, residents have raised concerns regarding fumes and odours from the proposed restaurant, and the impact of any extraction systems on the appearance of the building. To address this, the applicant has submitted a plan showing the location of the proposed services and fume extraction system within the pavilion area of the proposed rear extension, as well as a fume and ventilation extraction strategy. The applicant has confirmed that no extraction or ventilation equipment would be positioned on the side or rear elevations of the proposed rear extension. Given their location within the pavilion of the proposed rear extension, they would not be visible from the surrounding area and would not therefore impact on the character or appearance of the conservation area or the listed building. Parking and Access Policy A8 states that development will not be permitted where it would compromise highway safety by virtue of traffic generation and access. Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. Policy T9 of RSS advises local authorities to develop maximum parking standards, which should be more restrictive in urban areas to reflect characteristics such as higher levels of public transport accessibility. A total of thirty-three car parking spaces would be provided within the scheme, in addition to facilities for the parking of ten bicycles. The site is located within the Regional Centre and on the border with Manchester City Centre. It is therefore situated in a highly accessible location, in close proximity to a range of public transport facilities, including bus, train and Metrolink services. I therefore consider it essential, and in accordance with national and local planning policies, that car parking provision within the proposed development is kept to a minimum in order to encourage the use of modes of transport other than the car. I consider thirty-three spaces to be an appropriate number, given the site’s location and in view of the level of floorspace within the building and I am satisfied that the proposal complies with the thrust of national and local planning policies. I have attached a condition requiring the car parking spaces and cycle parking provision to be provided in accordance with the plans submitted. Given the relatively limited number of car parking spaces proposed, I do not consider that the proposed development would generate a significant amount of traffic, and I am satisfied that the road network would have the capacity to deal with any increase. I therefore have no 29 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 objections to the proposal in highway safety terms and consider the application to be entirely consistent with the relevant policies in this regard. Other Issues Objectors to the application have raised a number of other concerns in relation to the proposals. In response to residents’ concerns relating to bats, the applicant has submitted a bat survey. This has revealed that there was no evidence of bats using Conavon Court and that, when the survey was undertaken, given the absence of suitable foraging areas in the immediate vicinity, the building is considered of only limited potential for bats and is very unlikely to represent a main roost site. Notwithstanding this, a further survey is recommended. I have therefore attached a condition requiring a further survey to be undertaken prior to the commencement of the development. Comments have also been received from neighbouring residents that the proposed extensions are unnecessary. In response to this, I would comment that it is unusual for developers to propose developments unless they are themselves satisfied that there is a need for what they are proposing, and I consider that, in this situation, the need for the extension is a commercial decision for the applicant rather than a material planning consideration. Concern has been raised that the proposal would discourage new residents from moving into the area. Given my comments in the previous sections of this report, and my conclusions that the proposal would preserve and enhance the character and appearance of the conservation area and the listed building, that it would result in the redevelopment of an unattractive site and the return of the whole of the building into active use, I see no reason to assume that the proposal would discourage people from moving into the area. As stated above, I am of the opinion that the proposal would be an improvement to the area. One resident has objected to the application on the basis that it would result in the loss of open space. As discussed above, the proposed rear extension would be built on an area of hardstanding, which I do not consider to constitute ‘open space’. I therefore have no objections to the application in this regard. There has been an objection to the failure of the proposal to provide adequate amenity space for residents and visitors. The objector does not however provide more details in respect of this issue, and I am not therefore clear on exactly what the objector’s concerns are. The Council’s policies do not require applicants proposing commercial schemes to provide amenity space for residents of adjoining properties. There have been objections asserting that the proposal will result in the devaluation of adjacent properties. The value of land and property is not a material planning consideration and is not therefore a matter which can be afforded any weight in the determination of this application. Residents have also raised the issue of ‘right to light’. Whilst impact on the amenity of residents is a material planning consideration, which encompasses issues relating to loss of light, right to light is a separate legal issue. Individuals’ right to light is protected in England and Wales under common law, adverse possession or by the Prescription Act 1832, and not by the planning system. In some circumstances, it may be possible for development to be prevented even though planning permission has been granted, but this should not carry any weight in the determination of this planning application. 30 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Finally, objectors are concerned relating to the financial information submitted by the applicant in relation to the need for the proposed extensions. Objectors are concerned that the information submitted is incorrect and that there is no need, in financial terms, for the proposed extensions and that the application should therefore be refused. I have already discussed the need for the proposed development above, and have confirmed that the need for this type of development is a matter for the applicant to consider. The applicants have requested that the time limit for the commencement of the development be extended from three years to five years. They are concerned that there are a number of precommencement conditions which need to be dealt with and that an additional two years would allow them extra time in which to satisfy these requirements. I have no objections to extending the time period in this instance, particularly if it will enable the listed building to be re-used and refurbished. VALUE ADDED TO DEVELOPMENT The current proposals have been formulated following lengthy discussions with the applicant, involving the Council’s conservation officer, English Heritage and Urban Vision. These discussions have resulted in significant improvements to the scheme, including an increase in the distance between the proposed extension and the Textile Apartments and the use of appropriate high quality materials for the external elevations of the proposed extensions. In addition to the above, the applicant has agreed to make a contribution to environmental improvements within the vicinity of the site in accordance with the Council’s Policy Note on planning obligations within the Chapel Street Regeneration area. Given that the existing building is already in use as offices, albeit that some of the floorspace is currently vacant, I consider it reasonable to require the applicant to make a contribution in respect of the new floorspace created as a result of the proposed extensions. The Policy Note requires £10 per square meter. The applicant has confirmed that the proposed new floorspace created as a result of the proposed extensions would be 4,351sqm. The contribution therefore agreed would be £43,510. I have attached a condition in relation to this matter. CONCLUSION In conclusion, I am satisfied that the proposal would preserve and enhance the character and appearance of the conservation area and the listed buildings. The proposal would secure the continued use of the building for appropriate purposes in this part of the city and would, due to its high quality design and materials, be a positive addition to the area. I am satisfied that there would be no unacceptable detrimental impact on the amenity of neighbouring residents by virtue of loss of privacy, overlooking or overshadowing and that there would be no unacceptable impact on highway safety. I am of the opinion that the application accords with the provisions of the relevant national and local planning policies. I therefore recommend that the application is approved and that authority be given for the Strategic Director of Customer and Support Services to enter into a legal agreement under Section 106 of the Town and Country Planning Act. RECOMMENDATION: Approve Subject to the following Conditions 1. The development must be begun not later than the expiration of five years beginning with the date of this permission. 31 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 2. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of the building shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority. 3. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 4. Prior to the commencement of the development hereby approved, a scheme providing full details of the fume extraction system serving the restaurant shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to first use of the restaurant and retained at all times the restaurant is in use. 5. Prior to first occupation of the extensions hereby approved, a travel plan shall be submitted to and approved in writing by the Local Planning Authority. Such a plan shall provide details of the objectives, targets and measures to promote and facilitate public transport use, walking, cycling and practices/facilities to reduce the need to travel and to reduce car use. It shall also provide details of its management, monitoring and review mechanisms, travel plan coordination, and the provision of travel information and marketing. The initiatives contained within the approved plan shall be implemented and shall be in place prior to the first occupation of the extensions hereby approved, unless otherwise agreed in writing by the Local Planning Authority. 6. No development approved by this permission shall commence until further survey work has been undertaken to discover the location of possible bat roosts present within the building. If roost sites are identified, a method statement detailing the measures to be taken to mitigate against any disturbance to bats and the timescales involved in such mitigation should be submitted to and approved in writing by the Local Planning Authority. The approved method statement shall be implemented in full in accordance with the approved timescales. 7. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4) (a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town 32 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by the Salford City Council Development Control Policy Note - The Use of Planning Obligations in the Chapel Street Area will be paid to the Local Planning Authority for environmental improvement purposes. 8. The car parking spaces shall be laid out in accordance with drawing numbers 0795(02)01 Rev D and 0795(02)02 Rev D (or any subsequent approved amendments) prior to first occupation of the extensions hereby approved and shall be available at all times the premises is in use. 9. The cycle parking facilities shown on drawing number 0795(02)02 Rev D (or any subsequent approved amendments) shall be provided prior to first occupation of the extensions hereby approved and shall be available at all times the premises is in use. 10. Prior to the commencement of the development hereby approved, a scheme showing the provision of refuse and waste recycling facilities within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to first occupation of the extensions hereby approved and shall be available at all times the premises is in use. 11. Prior to first use of the car parking areas hereby approved, the existing gates at the vehicular entrance to the building from Blackfriars Street shall be relocated a minimum of 5.5m from the back of the footpath, in accordance with the details shown on Drawing No. 0795(02)03 Rev F. 12. Prior to the commencement of the development hereby approved, a scheme for the landscaped area shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within twenty four months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. (reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R004B Amenity - area 3. Standard Reason R024B Amenity of future residents 4. Standard Reason R004B Amenity - area 5. Reason: In order to encourage the use of more sustainable modes of transport, in accordance with Policy A1 of the Unitary Development Plan. 6. Reason: In order to ensure than legally protected species are not unacceptably affected, in accordance with Policy EN7E of the Unitary Development Plan. 7. Reason: To ensure the residential development provides appropriate environmental 33 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 improvements within the Chapel Street Area in accordance with Salford City Council Development Control Policy Note - The Use of Planning Obligations in the Chapel Street Area 8. Standard Reason R012B Parking only within curtilage 9. Reason: In order to encourage the use of sustainable modes of transport, in accordance with Policy A10 of the Unitary Development Plan. 10. Reason: In order to encourage high standards of environmental management, in accordance with Policy ST8 of the Unitary Development Plan. 11. Standard Reason R026B Interests of highway safety 12. Standard Reason R004B Amenity - area Note(s) for Applicant 1. The applicant is advised that the basement areas may be vulnerable to flooding. 2. The applicant is advised that connections to the sewers will require approval from United Utilities. 3. The applicant is advised that this permission relates to the following plans: 0795(00)00 Rev B 0795(00)01 Rev C 0795(00)02 Rev C 0795(00)03 Rev C 0795(00)04 Rev C 0795(00)05 Rev C 0795(00)06 Rev C 0795(00)07 Rev C 0795(00)07 Rev C 0795(00)08 Rev C 0795(00)09 Rev D 0795(00)10 Rev C 0795(00)12 Rev B 0795(00)13 Rev B 0795(01)01 Rev C 0795(01)02 Rev C 0795(01)03 Rev C 0795(01)04 Rev C 0795(01)05 Rev C 0795(01)06 Rev C 0795(01)07 Rev C 0795(01)08 Rev C 0795(01)09 Rev C 0795(01)10 Rev C 0795(01)12 Rev C 0795(01)13 Rev C 34 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 0795(02)00 Rev C 0795(02)01 Rev D 0795(02)02 Rev D 0795(02)03 Rev F 0795(02)04 Rev D 0795(02)05 Rev D 0795(02)06 Rev D 0795(02)07 Rev E 0795(02)08 Rev D 0795(02)09 Rev D 0795(02)10 Rev D 0795(02)11 Rev D 0795(02)12 Rev D 0795(02)13 Rev F 0795(02)14 Rev E 0795(02)15 Rev E 0795(02)16 Rev D 0795(02)19 Rev C 0795(02)20 Rev C 0795(02)21 Rev E 0795(02)22 Rev B 0795(02)23 Rev A 0795(02)24 Rev A 0795(02)25 Rev B 0795(02)18 Rev C 0795(02)28 APPLICATION No: 04/49487/LBC APPLICANT: Adam Geoffrey Management Limited LOCATION: Conavon Court 12-16 Blackfriars Street Salford 3 PROPOSAL: Listed Building Consent for internal and external alterations to the existing building, cleaning of the interior and exterior and the erection of a part single/part ten storey rear extension and four storey side extension WARD: Ordsall At the meeting of the panel held on the 11th August 2006 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. My previous observations are set out below: 35 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 DESCRIPTION OF SITE AND PROPOSAL Conavon Court is a five storey former warehouse and office building. It is Grade II listed and situated within the Flat Iron Conservation Area, close to the junction of Blackfriars Street and Chapel Street. Part of the building is currently in use as offices, although large parts of the building are vacant. The surrounding area comprises a mix of uses. 10 Blackfriars Street (the former Textile Institute, now the Textile Apartments) and 18 Blackfriars Street (The Gallery), on either side of Conavon Court, are both in residential use in the form of apartments. Adjacent to the former Textile Institute, which is a Grade II listed building, is a public house, beyond which are other commercial properties which front Chapel Street, with some residential accommodation at first floor level. On the opposite side of Chapel Street is the Sacred Trinity Church, which is a Grade II* listed building. On the opposite side of Blackfriars Street is Dial House, which is used for telecommunications purposes, and a hotel. A new apartment block is currently under construction at the junction of Blackfriars Street and Chapel Street. To the rear of Conavon Court is Booth Street, beyond which is The Edge development, which comprises several buildings which are predominantly used for residential purposes. The proposed rear extension to Conavon Court would be part single storey, part ten storeys in height, with a single storey element which would accommodate car parking and a landscaped garden area. It would be located on an area of hardstanding at the rear of the building. The proposed extension would maintain a minimum of 19m from its side elevation to the side elevation of the Textile Apartments. The proposed side extension would front Blackfriars Street and would infill what is currently a void between the main building of Conavon Court and the former Textile Institute. It would be four storeys in height, above an existing single storey element of the building. The external elevations of the proposed extensions would be glazed and would be of a modern design and appearance, as will be discussed in more detail below. Important original features of the exterior of the existing building, including the chimneys and the viewing room, would be retained as part of these proposals. The work to the exterior of the building includes repairing external joinery, cleaning the building’s faÄ“ade, re-pointing the external brickwork, painting the existing windows and cills within the front and rear elevations and in some instances replacing windows within the rear elevation, installing steel bars to the basement windows fronting Blackfriars Street, altering the existing rear elevation in order to accommodate the proposed rear extension and repairing/replacing existing brickwork, stonework, roof coverings, gutters, flashings and parapets. In addition, the existing garage building at the rear of the site would be demolished. The proposed work to the interior of the building largely involves the removal of the nonoriginal doors, partitions and column casings in order to create a more open plan environment, cleaning internal features, making good existing features which are to be retained, inserting a mezzanine floor between the first floor and second floor and removing a staircase between the basement and the second floor. In addition to the above works, the applicant is also proposing to change the use of part of the ground floor of the existing building to a restaurant. This does not require listed building consent, but is the subject of a separate application for planning permission. That application appears elsewhere on this agenda. 36 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 CONSULTATIONS English Heritage – no objections Victorian Society – no comments received to date Georgian Group – no comments received to date Ancient Monuments Society – no comments received to date The Council for British Archaeology – no comments received to date Society Protection of Ancient Buildings – no comments received to date PUBLICITY The application has been publicised by site and press notices The following neighbour addresses were notified: 1 – 274 The Edge, Clowes Street Countryside Properties Apartments 1 – 55 The Gallery, 18 Blackfriars Street 1, 2, 3 Chapel Buildings, 83 Chapel Street 1 – 29, Textile Apartments, 10 Blackfriars Street 10, 11, 18 – 28 (E) Blackfriars Street 65 – 95 (O) Chapel Street 10 Booth Street 1 – 5 Black Lion Court, 75 – 79 Chapel Street REPRESENTATIONS I have received letters of objection from three local residents in response to the planning application publicity. The following issues have been raised: Loss of light The proposed extensions are unnecessary Devaluation of adjacent properties Detrimental impact on listed buildings and the conservation area Loss of view Loss of privacy and overlooking REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: DP3 – Quality in New Development ER1 – Management of the North West’s Natural, Built and Historic Environment UNITARY DEVELOPMENT PLAN POLICY Site specific policies: CH5/1 – Works Within Conservation Areas MX1/1 – Development in Mixed Use Areas 37 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Other policies: ST15 – Historic Environment CH1 – Works to, and Demolition of, Listed Buildings CH4 – Development Affecting the Setting of a Listed Building PLANNING APPRAISAL The main issue in relation to this application is whether the proposed works would have an unacceptable detrimental impact on Conavon Court. Policy CH1 outlines a number of factors to which regard will be had in the consideration of proposals for the alteration, extension, change of use or demolition, whether partial or total, of a listed building. These include the effect on the importance of the building, the features of the building, its setting and contribution to the local scene and the extent to which the proposed works would bring substantial benefits for the community. It continues to state that such works will only be permitted where they would preserve or enhance the character and features of special architectural interest that contribute to the reasons for its listing. The policy states that total or partial demolition of a listed building, or its change of use, will only be permitted where: it is not practicable or economically feasible to continue to use the building for its existing or pervious purpose; it can be clearly demonstrated that there is no other viable use of the building and no other viable means of securing its preservation; and in relation to total demolition, any proposed redevelopment or the creation of a cleared site would not cause unacceptable harm to the setting of any remaining listed buildings. Finally, the policy states that, where consent for demolition is granted in accordance with the above criteria, it would be subject to a number of conditions, including the prior approval of detailed plans for the replacement development and the recording of details of the listed building. Policy CH2 states that planning permission will only be granted for development that would not have an unacceptable impact on the setting of any Listed Building. Policy ST15 states that the historic and cultural assets that contribute to the character of the city will be preserved and, wherever possible and appropriate, enhanced. RSS Policy ER1 advises local authorities to promote a positive approach to the management of the Region’s natural, built and historic environment and protect it from development likely to cause harm. Planning Policy Guidance Note 15: Planning and the Historic Environment, is also of relevance. Paragraph 3.8 states that ‘generally the best way to secure the upkeep of historic buildings is to keep them in active use.’ It recognises that a building’s original use may no longer be appropriate or viable. In considering alterations and extensions to listed buildings, paragraph 3.13 states that many listed buildings can sustain some degree of sensitive alteration or extension to accommodate new uses. Paragraph 3.15 advises that ‘achieving a proper balance between the special interest of a listed building and proposals for alterations and extensions is demanding and should always be based on specialist expertise; but is rarely impossible, if reasonable flexibility and imagination are shown by all parties involved.’ The primary and most important elevation of the building is the front elevation facing Blackfriars Street. This is emphasised by the treatment and architectural detailing of the front elevation, such as the central round-arched door with marble shafts and moulded architraves, Venetian Gothic windows and string courses. Such detailing is absent from the rear elevation, which serves to reinforce the fact that this is, and always has been, a less important elevation. During the nineteenth and early twentieth centuries, there were buildings between the rear of Conavon Court and Booth Street, so the rear elevation of the building was not intended to be 38 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 as visible as it is today and was not therefore designed to the same high standard as the front elevation. The area to the rear of Conavon Court, beyond Booth Street, has changed significantly over recent years, due largely to The Edge development, which has introduced high rise modern buildings into the area, in close proximity to the conservation area and a number of listed buildings. Booth Street is now a cul-de-sac, rather than a through-route, terminated by The Edge buildings. The height of the proposed rear extension relates to the height of the lower elements of The Edge, to the rear of Conavon Court. The principle of a building of this height is therefore considered acceptable. In the assessment of the application for The Edge, the height of the buildings was considered acceptable, given the distance they would be set back from Blackfriars Street. They were considered to have a positive impact on the area. The proposed rear extension would be set back from the main bulk of Conavon Court, thereby reducing its visual impact when viewed from Blackfriars Street. Indeed, views of the proposed rear extension would be relatively limited at street level from Blackfriars Street and Chapel Street, and where it is visible, it would appear as a separate entity, distinct from the main building. This would also allow the articulation and mass of Conavon Court to remain complete and for the original front elevation, with chimneys and viewing room, to remain dominant. The external elevations of the proposed extensions would be predominantly glass. The applicant has confirmed that glazing was selected to ensure that there would be no unacceptable adverse impact on the listed building. The use of different materials from those used in the original building serve to make the extensions distinct and separate from the original building. The use of relatively few materials and uncomplicated architectural style and detailing within the extensions would create a more sympathetic setting to the more elaborately articulated original building. Such an approach is considered preferable to one which seeks to imitate or replicate the design of an original building, and is a common approach used when extending listed buildings. The use of such materials is also considered appropriate given the materials used for surrounding recent developments, such as The Edge, which also contains a large amount of glazing. I am therefore of the opinion that the proposal complies with Policies CH1 in respect of the standard of the design and its contribution to the preservation and enhancement of the character and special features of the listed building. Conavon Court was extended in 1914 to fill in a gap which existed between the main building and the former Textile Institute. This extension comprises part single/part four storey elements, fronting Blackfriars Street. It was intended to provide a high status entrance to the building for visitors and customers. The bricks used for the upper floors of this extension are however poor quality and it has been poorly pointed, particularly when compared to the brickwork and architectural embellishments of the original building. This would indicate that some form of infill extension above the single storey entrance was considered at the time of the original design and construction of the building, but was never carried out. In view of this, I have no objections to the principle of an extension in this location and do not consider that it would be detrimental to the character or appearance of the building. As discussed above, the design and materials of the extension are considered appropriate, given their modern character and relative simplicity. The proposed side extension would enhance the character and appearance of the conservation area and Conavon Court by virtue of its design and materials and through filling a gap between two buildings where the current architectural detailing is inferior to the remainder of the building. I therefore consider the proposed side extension to be acceptable and in accordance with Policy CH1. As discussed earlier in this report, the work to the exterior of the building includes repairing external joinery, cleaning the building’s faÄ“ade, re-pointing the external brickwork, painting the existing windows and cills within the front and rear elevations and in some instances 39 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 replacing windows within the rear elevation, installing steel bars to the basement windows fronting Blackfriars Street, altering the existing rear elevation in order to accommodate the proposed rear extension, repairing/replacing existing brickwork, stonework, roof coverings, gutters, flashings and parapets, as well as the demolition of the existing garage building at the rear of the site. I have no objections to the principle of any of these works, as they would serve to improve the appearance of the building. I have however attached conditions requiring the submission and approval of samples or details of the materials to be used for these works in order to ensure they are of a sufficiently high standard and in keeping with the rest of the building. The proposed work to the interior of the building largely involves the removal of the nonoriginal doors, partitions and column casings in order to create a more open plan environment, making good existing features which are to be retained, inserting a mezzanine floor between the first floor and second floor, undertaking cleaning and removing a staircase between the basement and the second floor. Many of the partitions are modern additions to the building and some are of a particularly crude construction. The column casings, which are also modern additions, are largely considered to be ungainly and intrusive and detrimental to the listed building. As with the proposed external alterations, I have no objection to the principle of the proposed internal alterations and consider that they would result in significant improvements to the building. I have however attached conditions requiring the submission and approval of samples or details of materials in order to ensure they are of a sufficiently high standard and in keeping with the rest of the building. Although I have no objections to the removal of the staircase between the basement and the second floor, as I do not consider it to a significantly important architectural or historic feature within the building, it constitutes the substantial demolition of part of the interior of the building. As a result, and should Members be minded to approve the application, it would need to be referred to the Secretary of State in accordance with the provisions of the Planning (Listed Building & Conservation Areas) Act 1990. The applicant also proposes to clean the interior and exterior of the building, again to improve its appearance. The cleaning of listed buildings often requires consent as the processes involved can, as confirmed in PPG15, have a marked effect on the character of buildings and affect the historic fabric. I have therefore attached a condition requiring the submission of a scheme detailing the cleaning methods and processes to be submitted and approved in order to ensure that they do not harm or destroy any of the building’s important detailing. Subject to compliance with all of the conditions discussed above, I am satisfied that the proposal complies with Policy CH1. It should be noted that the Council’s conservation officer has been heavily involved in the formulation of the proposals and has provided feedback to the applicant at pre-application stage and during the consideration of this application. He has confirmed that he has no objections to the application and that it would preserve and enhance the character and appearance of the listed building. English Heritage has been consulted on the application, and representatives were involved in pre-application discussions with the applicant. English Heritage has no objections to the application. In view of the advice from both the Council’s conservation officer and English Heritage, I am satisfied that the proposal would not have an unacceptable adverse impact on the character or appearance of Conavon Court itself. I consider that the proposal would be a positive addition to the area, resulting in the re-use of a vacant and unattractive piece of land to the rear of the 40 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 building and would secure the long term use of the building. I am satisfied that the proposed development would preserve and enhance the character and appearance of the listed building. I therefore consider that the application complies with the above policies. Other Issues Issues relating to loss of light, the need for the extensions, the value of adjacent properties, loss of view and loss of privacy are not considerations in the determination of applications for listed building consent. These issues cannot therefore be afforded any weight in the consideration of this application, but they have been taken into account in the assessment of the planning application, and are discussed in detail in that report. The applicants have requested that the time limit for the commencement of the development be extended from three years to five years. They are concerned that there are a number of precommencement conditions which need to be dealt with and that an additional two years would allow them extra time in which to satisfy these requirements. I have no objections to extending the time period in this instance, particularly if it will enable the listed building to be re-used and refurbished. VALUE ADDED TO DEVELOPMENT The current proposals have been formulated following lengthy discussions with the applicant, involving the Council’s conservation officer, English Heritage and Urban Vision. These discussions have resulted in significant improvements to the scheme, including an increase in the distance between the proposed extension and the Textile Apartments and the use of appropriate high quality materials for the external elevations of the proposed extensions. CONCLUSION In conclusion, I am satisfied that the proposal would preserve and enhance the character and special features of the listed building. The proposed alterations and extensions would secure the continued use of the building and would, due to its high quality design and materials, be a positive addition. I am satisfied that the internal and external alterations proposed would not result in the removal of any features of special architectural or historic significance and that the conditions attached would ensure that the alterations would be of a high quality and in keeping with the listed building. I am of the opinion that the application accords with the provisions of the relevant national and local planning policies. I therefore recommend that Members be minded to approve the application subject to referral to the Secretary of State in accordance with the Planning (Listed Building & Conservation Areas) Act 1990. RECOMMENDATION: Approve Subject to the following Conditions 1. The development must be begun not later than the expiration of five years beginning with the date of this permission. 2. Prior to the commencement of the development hereby approved, samples of the following shall be submitted to and approved in writing by the Local Planning Authority: materials for the external elevations and roofs of the extensions; materials for the mezzanine floor; bricks, roof materials, flashings, gutters and parapets required for repair of the external elevations of the existing building; frames, glazing bars and glazing for the replacement windows to the existing building; rooflights; new floor materials for the 41 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 existing building; and materials for new internal walls within the existing building. The work shall be carried out using the approved samples, unless agreed otherwise in writing by the Local Planning Authority. 3. Prior to the commencement of the development hereby approved, full details of the following shall be submitted to and approved in writing by the Local Planning Authority: colour of the paint to be used for the window surrounds, window glazing bars and cills; colour of the mortar to be used for the re-pointing and repairs to the brickwork; colour, design and material of replacement and new doors; colour, design and height of the steel bars to the basement windows within the front elevation of the building; and the dimensions, colour and precise location of the steel hangers for the mezzanine floor. The work shall be carried out in accordance with the approved details, unless agreed otherwise in writing by the Local Planning Authority. 4. Prior to the commencement of the development hereby approved, a scheme for the cleaning of the internal features and external elevations of the existing building shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include details of the cleaning processes involved. The cleaning of the internal features and external elevations of the existing building shall be carried out in accordance with the approved scheme. (reasons) 1. Standard Reason R038 Section 18 2. Standard Reason R007B Development-existing building 3. Standard Reason R007B Development-existing building 4. Reason: In order to preserve and enhance the character and special features of the listed building, in accordance with Policy CH1 of the City of Salford Unitary Development Plan. 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. The applicant is advised that this permission relates to the following plans: 0795(00)00 Rev B 0795(00)01 Rev C 0795(00)02 Rev C 42 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 0795(00)03 Rev C 0795(00)04 Rev C 0795(00)05 Rev C 0795(00)06 Rev C 0795(00)07 Rev C 0795(00)07 Rev C 0795(00)08 Rev C 0795(00)09 Rev D 0795(00)10 Rev C 0795(00)12 Rev B 0795(00)13 Rev B 0795(01)01 Rev C 0795(01)02 Rev C 0795(01)03 Rev C 0795(01)04 Rev C 0795(01)05 Rev C 0795(01)06 Rev C 0795(01)07 Rev C 0795(01)08 Rev C 0795(01)09 Rev C 0795(01)10 Rev C 0795(01)12 Rev C 0795(01)13 Rev C 0795(02)00 Rev C 0795(02)01 Rev D 0795(02)02 Rev D 0795(02)03 Rev F 0795(02)04 Rev D 0795(02)05 Rev D 0795(02)06 Rev D 0795(02)07 Rev E 0795(02)08 Rev D 0795(02)09 Rev D 0795(02)10 Rev D 0795(02)11 Rev D 0795(02)12 Rev D 0795(02)13 Rev F 0795(02)14 Rev E 0795(02)15 Rev E 0795(02)16 Rev D 0795(02)19 Rev C 0795(02)20 Rev C 0795(02)21 Rev E 0795(02)22 Rev B 0795(02)23 Rev A 0795(02)24 Rev A 0795(02)25 Rev B 0795(02)18 Rev C 0795(02)28 43 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 APPLICATION No: 06/53042/FUL APPLICANT: W Smart LOCATION: Land At Side Of 14 Vauban Drive Salford M6 8ET PROPOSAL: Erection of a detached bungalow WARD: Weaste And Seedley DESCRIPTION OF SITE AND PROPOSAL The application relates to the side garden of the semi detached dwelling house No.14 Vauban Drive in Salford. Vauban Drive is a cul de sac and the application site is located on the northern side of the Drive at the end of the cul de sac. Adjoining properties are all residential and two storey. The application proposal is for the erection of a detached bungalow in the side garden of No.14 Vauban Drive. Access to the site would be from Vauban Drive via a shared driveway with No. 14. A detached garage in the garden of No.14 would be demolished to accommodate a new driveway to the proposed bungalow. There are a number of trees and mature shrubs along the boundaries of the site. The applicant has stated that no trees will be felled as a result of this proposal. PUBLICITY The following neighbour addresses were notified: 30,32,34,36,38 Victoria Road 9,10,11,12,16 Vauban Drive 11,16, Acacia Drive REPRESENTATIONS I have received one letter of objection in response to the planning application publicity. The following issues have been raised: the proposal is for financial gain at the expense of loss of the environment insufficient car parking access will be dangerous loss of wildlife loss of green area proposal will set a precedent proposal does not include a tree report and a tree will be affected by the creation of a new driveway. will add to problems of drainage in the area. construction work will cause disturbance. Councillor Deas has requested that the application be considered by Panel due to the concerns of local residents. 44 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 REGIONAL SPATIAL STRATEGY Site specific policies: None Other policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DES1 – Respecting Context DES7 – Amenity of Users and Neighbours A10 - Provision of car, cycle and motorcycle parking in new developments H1 – Provision of New Housing Development PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of the proposal is acceptable; whether the proposal would seriously injure the amenity of existing residential properties, whether there would be an unacceptable impact on the street scene and whether there would be any highway safety issues. Principle Policy H1 states new housing should contribute to a balanced mix of dwellings within the local area and provide a high quality residential environment with an adequate level of amenity. The area is predominantly residential with a mix of detached, semi-detached, terraced properties and it is considered that the proposed bungalow would contribute to the mix of dwelling types in the area. The development would see the re-use of brownfield land as defined within Planning Policy Guidance Note 3 – Housing (PPG3), which seeks to prioritise the development of such land over land that has not been previously developed (greenfield land) and to secure the more efficient use of land. I am therefore of the opinion the principle of the proposal is acceptable. Amenity Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The bungalow would be sited within the side garden of 14 Vauban Drive. The site is adjoined on all sides by existing residential properties. The bungalow would be sited 8m a way from the side wall of the applicant's property No.14 Vauban Drive. The bungalow would be constructed in brick with a pitched roof. All accommodation would be at ground floor level only with no accommodation proposed in the roof space. Habitable room windows are proposed on the front and rear elevation of the bungalow. The distance to properties at the rear of the site in Victoria Road is 26m to the main rear wall and 21m to the rear outrigger. There would be 7.6m distance between the rear wall of the bungalow and the rear boundary of the site adjoining the rear of properties in Victoria Road. I am of the opinion that the proposal would not have any adverse impact on the amenity of the occupants of the properties in Victoria Road. 45 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Residential property to the north of the site, No16 Acacia Drive the side garden of which will adjoin the side garden of the proposed bungalow is over 25m a way and would not be affected by this proposal. The distance between the front elevation of the bungalow and the boundary of the site with 12 Vauban Drive would be 6.5m. There are no habitable room windows on the side elevation of 12 Vauban Drive facing towards the proposed bungalow, and the boundary between the two properties is screened by mature shrubbery and a 1.5m high fence. I am therefore satisfied that the proposal will not have any significant adverse impact on the amenity of the occupants of this property. In order to protect the amenity of adjoining residents from any potential future extensions to the bungalow I recommend that a condition removing permitted development rights for extensions and alterations is imposed. The proposal includes sufficient private amenity space to the rear and parking within the curtilage of the site would be provided. I therefore consider the scheme to be acceptable in terms of providing future occupiers with a satisfactory level of amenity without having an unacceptable impact on neighbouring properties which complies with DES7. Design 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 proposed bungalow would be sited on land forming part of the side garden of No.14 Vauban Drive. Access to the bungalow would be via a shared driveway with No.14 Vauban Drive. A detached garage would be demolished to accommodate the new driveway. Adjacent to the garage and the side boundary of the site is a mature oak tree. The applicant has stated that no trees will be felled as a result of this proposal. However, no details have been submitted to indicate how this tree will be protected when the garage is demolished and the new driveway is constructed. It is therefore recommended that a condition is imposed requiring that a method statement is submitted to show how this tree will be protected when these works are carried out. The proposal includes curtilage parking and private amenity space for the future occupants. I have attached a condition requiring samples of materials to be submitted for approval. Due to the location of the application site at the end of the cul de sac the proposed bungalow would only be visible when viewed from the head of the cul de sac and I therefore consider the proposal will not have any adverse impact on the character of the area or the street scene. I therefore consider the proposal complies with policy DES1. Car Parking Policy A10 states that the maximum car parking standards should not be exceeded. The proposed bungalow and the existing property No.14 Vauban Drive would have a driveway for at least one car to be parked clear of the highway. The proposed bungalow would utilise the existing access which is used by the occupiers of No.14 Vauban Drive. I do not consider that the use of this access by one additional dwelling will have any impact on highway safety in the area. I therefore have no highway safety objections. Other Issues An objector has raised the issue of drainage problems in the area. However, this is not a planning consideration, and is a private matter. The objector has also stated that if this proposal is allowed it will set a precedent for similar developments in other large gardens in the area. Each application has to be determined on its individual merits and has to be assessed 46 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 against current adopted planning policies for the area and Government Guidance as set out in Planning Policy Guidance and Statements. The objector has also raised the issue of construction noise from the development. It is not normal practice to impose planning conditions to control construction noise on such a small development and there are other controls available under the Environmental Protection Act to control nuisance caused by noise. I do not therefore consider that the above concerns warrant the refusal of the application. CONCLUSION In conclusion, I consider that the siting of the proposed bungalow to be acceptable and that it would not have any unacceptable detrimental impact on the amenity of nearby residential properties in terms of overshadowing, overlooking or loss of privacy. I am of the opinion that the proposal complies with the relevant policies of the Adopted UDP and there are no material considerations which outweigh this finding. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 3. No development shall commence unless and until a arboricultural method statement specifying how the drive will be constructed in the vicinity of the oak tree has been submitted and approved in writing by the Locsal Planning Autority. The development shall be carried out in accordance with the approved method statement. 4. Notwithstanding the provisions of Article 3 and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (and any subsequent amending order), there shall be no development within the curtilage of the dwelling hereby approved as defined in Part 1 of Schedule 2 of the above Order without the prior grant of planning permission by the Local Planning Authority. (Reasons) 1. Standard Reason R000 Section 91 2. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of the buildings shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority. 2. Standard Reason R004B Amenity - area 3. Standard Reason R004B Amenity - area 4. In order to safeguard the amenity of the residents, in accordance with Policy DES7 of the City of Salford Unitary Development Plan. 47 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 APPLICATION No: 06/52416/OUT APPLICANT: Dain Properties Ltd LOCATION: Land To East Of Boat Yard Off Worsley Road Worsley PROPOSAL: Demolition of existing buildings and outline planning application for the development of land for residential purposes to include siting, design and external appearance of 75 dwellings (67 houses and 8 apartments - maximum 3 storeys) and means of access from The Moorings (61 units) and Boatyard Lane (14 units) WARD: Worsley At a meeting of the Panel held on 15 June 2006 consideration of this application was DEFERRED FOR AN INSPECTION BY THE PLANNING AND TRANSPORTATION REGULATORY PANEL. Since the site visit the applicant has made further amendments to the application. My report has been amended accordingly and these amendments are in bold print. DESCRIPTION OF SITE AND PROPOSAL This application relates to the site of the former boatyard in Worsley. The site covers an area of 1.93 hectares and is irregular in shape. It is bounded to the north by the rear of the listed terraced cottages that front Worsley Road; to the east by the rear of houses on Drywood Avenue; to the south by the Bridgwater Canal and to the west by the existing functioning boatyard/dry dock and by land to the rear of the houses that front the Green some of which are also listed. The application is submitted in outline but approval is sought for all matters except for landscaping. The site is currently largely vacant but contains several small, old, low grade, two and single storey, brick, wooden or prefabricated industrial buildings, stores and garages on the northern third of the site. These existing buildings are in a poor state of repair. Until recently the lower portion of the site closer to the canal contained a number of steel containers and was used for the storage of scrap metal. This part of the site is now cleared though. The Worsley Village Conservation Area borders the site on the western and northern boundaries. The site includes Old Boat Yard Lane that is currently the only access to the site. This narrow road also provides access to the existing working boatyard that lies to the west of the site. The site is generally level but has a sharp drop of approximately 2m from Drywood Avenue and a more gentle fall from the north of the site to the canal. The scale of buildings around the site varies from the small two storey listed cottages fronting Worsley Road to larger properties fronting the Green to the modern large detached houses on Drywood Avenue. On the western boundary within the existing functioning dry dock there stands a large modern two-storey building and to the south, beyond the canal are recently built three storey apartment buildings. There is no dominant style of building in the vicinity of the site with existing buildings ranging from three storey apartments to small two storey terraced cottages. 48 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 The site contains a number of mature trees along the eastern boundary with Drywood Avenue that are protected by preservation order. In addition there are many trees that lie just outside the site but within the Conservation Area. The majority of the vegetation within the site has been cleared recently but a number of trees remain that have been incorporated within the scheme. These have been protected by a new provisional tree preservation order. It is proposed to demolish all buildings on the site and erect a total of 75 dwellings on the site. Vehicular access to fourteen of these dwellings would be from Old Boat Yard Lane with the main access to the site coming from The Moorings via Drywood Avenue. The site provides predominantly family accommodation. The mix of dwellings is as follows:8 apartments 67 houses A more detailed breakdown is as follows:8 two-bed apartments 34 three-bed houses 27 four-bed houses 6 five-bed houses On entering the site from Old Boat Yard Lane there is a terrace of six smaller dwellings and then as this access road penetrates deeper into the site a row of four larger properties leads on to a row of four three-storey townhouses and then the only apartment block on the site which accommodates eight apartments and faces the canal. As the vehicular route turns to the left towards the existing dry dock it also provides access to eight further houses. The main access from The Moorings is flanked by pairs of semi-detached properties and the access road splits to the south, to provide access to four dwellings that front the canal and then becomes the fully pedestrianised canalside walkway. To the north the main access leads into a ‘home zone’ cul-de-sac. This main access road continues into the site and leads to a parking court overlooked directly by properties that provides the parking to those houses and the apartments that front the canal. All buildings vary in height between two and three storeys. A pedestrianised extension to Old Boat Yard Lane provides a clear pedestrian access through the site to the canal side walkway. Houses with front doors as well as apartment blocks would front onto the canalside walkway. Some interface distances fall below the City Council’s normal standards but do accord with the design principals of ‘home zones’ and the advice of the Commission for Architecture and the Built Environment. I consider that the internal layout of the scheme is well designed and appropriate. The design of the buildings has been altered from the contemporary approach on the earlier scheme to a far more traditional design with all buildings now having pitched roofs and materials that match the local vernacular are used so that this development is compatible with its surroundings. The use of brickwork and render reflects materials found within the conservation area. Parking would be provided in a variety of ways; on drives, in integral garages within the curtilage and in parking courts. The site lies within a five minute walk of the facilities within the centre of Worsley village. Regular bus services stop in either direction on Worsley Road within 100m of the site entrance. There are also frequent bus services on Barton Road that are within a few minutes walk of the site. 49 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 The application has been amended significantly since it was first submitted. These amendments have been driven by officer concerns and more recently by concerns of the local community and comments made by members at the previous Panel meeting. These amendments have resulted in the number of dwellings being reduced from 132 to 100 and now from 100 down to 75, maximum storey heights reducing from four to three storeys, far fewer apartments and more houses so that apartments now comprise just over 10% of the total number of dwellings on the site, more family accommodation and greater separation distances to dwellings surrounding the site. In addition the applicant undertook community consultation on the application through a well attended exhibition of the proposals at Worsley Courthouse that resulted in improvements to the scheme before it was submitted to the City Council. In addition to this there have been pre-application discussions that resulted in improvements to the scheme prior to the community consultation. The application is accompanied by a number of documents:Supporting Planning Statement Design Statement Transport Assessment Statement of Community Consultation Noise Assessment Arboricultural Assessment Environmental Impact Assessment Screening Request SITE HISTORY There is no planning application history that is relevant to this application but the site has been allocated for residential development for more than 20 years in successive plan documents. CONSULTATIONS Worsley Village Community Association – (The following comments relate to the scheme for 132 dwellings) The development is far too dense. If this site is used for housing, the number of properties should be much reduced. Worsley village is in danger of becoming overcrowded, its resources and amenities sorely stretched. We feel the area would benefit from more family housing and smaller properties for residents who wish to downsize without moving from the area and this should be paramount when deciding what is eventually built on the site. The design is far more suitable for a holiday resort or Salford Quays. We do not expect all new developments to be black and white timbered houses – though these are extremely popular in the area. Whatever is built on this land will impose itself on the Crescent and The Green that contains listed buildings and any new development should bear this in mind. The style shown on the plans appears to be a formula that could be used in any part of the country and it should not be beyond the skill of an architect to design properties that would make their own statement but blend with the already established properties. The building of any apartment will impinge on the privacy of any house that backs onto this development. Public transport in this area is totally inadequate to support a level of parking of just one space per dwelling. Most families have at least two cars. Children shouldn’t play on streets and a playground should be provided. 50 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 The Old Boat Yard lane junction with Worsley Road has extremely poor sight lines making this a very hazardous corner. The bulk of the traffic from this site will enter and exit via the Moorings and Drywood Avenue. The burden of traffic would make the lives of residents of the Moorings and Drywood Avenue untenable. Any construction phase would cause severe problems throughout the whole area not just Worsley village. When the Unitary Development Plan went out to consultation it stated that the inspector did not feel that this land was needed for housing. Bearing this in mind, the consultation document has since been accepted by the City Council so why are we looking at building residential properties on this land. Whilst we accept that something must be done with this unattractive piece of land it should be taken out of commercial use and used for a much smaller development of mixed family homes and hopefully a village hall could be built into the plan. The planning application should be refused in its submitted form. Strategic Director of Environmental Services – A search of historic maps reveals that the site has a history of coal and coke working along with railway and canal side working. This indicates the need for a full contaminated land and gas survey. The applicant has submitted a noise report that identifies that the ambient noise level is high in this area. No further assessment of noise is necessary. United Utilities – No objections following discussions with the applicant. Environment Agency – No objection in principle to the proposed development but requests that conditions be attached regarding drainage. The issue of bats has also been raised and I have therefore requested a bat survey from the applicant. The results of this will be reported to the Panel. Greater Manchester Architectural Liaison Unit – Has concerns about the lack of defensible space around the apartment blocks with all elevations of the buildings being publicly accessible. Access to the development from the canal towpath should be prevented by preferably 2.4m high railings. Greater Manchester Passenger Transport Executive – No comments to make on this application. Manchester Ship Canal Company – Has no objections to the proposed development subject to proper safeguards on the integrity of the canal wall. PUBLICITY The application has been advertised by means of both site and press notices. The following neighbour addresses were notified of both the submitted and both sets of amended plans: 11 to 41 The Crescent, Worsley Road Flats 1 and 2, 3 and 4 The Wharfside, Worsley Boatyard 51 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 9 to 33 Northbank House, Waterside House and 2 to 24 Chandlers Row 12 Greenside, Worsley Road 1 to 5 The Gatehouse and 2 to 24 Stablefold The Queen Victoria Boat House, The Boathouse and 140 to 157 The Green 20 to 26 Worsley Road 1, 2, 3, 4 and 6 The Moorings 1, 2 and 4 Sefton Drive 33 to 43 Riding Fold Lane 8 to 15 The Lime Kilns 1 to 21 Drywood Avenue Flat 1 The Dock House, The Green Worsley Dry Docks, The Boatyard REPRESENTATIONS I have received a total of 61 letters of objection in response to the planning application publicity on both the submitted and amended schemes. I have received eleven objections to date regarding the latest amendments. Objections have principally been to the amount of development, traffic problems and the height and design of the dwellings. Some residents have pointed out that they do not object to the development in principle. Residents who have responded to the first set of amended plans are reiterating their previous concerns. Residents who have responded to the latest amended plans are also reiterating previous concerns regarding the density of the development and the traffic implications of the number of dwellings being served from The Moorings as well as objecting to the increase in the number dwellings that are served from Boat Yard Lane. One resident states that at least 50% of the dwellings should be served from Boat Yard Lane. One letter is on behalf of all 27 occupiers of Chandlers Row. The following issues have been raised:The density is too high/overdevelopment. Apartments are not in character with the area. Too much traffic on the surrounding roads already. Loss of light/sunlight. As compensation for the noise and disturbance during the construction phase the ginnel to the rear of the cottages at The Crescent should be made up Overlooking and loss of privacy. Four-storey development is unacceptable. Damage caused during construction phase should be made good by the developers. There is no objection to residential development in principle. Local facilities such as schools and facilities for young people are inadequate to cope with such an increase in population. The development will overshadow listed buildings and the conservation area. Too many houses are served from Boat Yard Lane. Limitations should be put on traffic movements during the construction phase. REGIONAL SPATIAL STRATEGY. DP3 - Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site Specific: none Other policies: DES1 Respecting Context, DES3 Design of Public Space, ST11 Location of New Development, H1 Provision of New Housing Development, H8 Open Space Provision 52 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Associated with New Housing Development, DES2 Circulation and Movement, DES6 – Waterside Development, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments, DES7 Amenity of Users and Neighbours, DES10 Design and Crime, EN22 Resource Conservation, CH2 Development Affecting the Setting of a Listed Building, CH3 Works Within Conservation Areas. PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of the development is acceptable, whether the amount of development is appropriate, whether the scale, massing and design of the buildings is of sufficiently high quality in this sensitive location, whether there is significant detrimental impact on neighbours, whether there is sufficient parking and open space provision and whether the development has any impact on the adjacent conservation area and listed buildings. Principle of the Development Policy H1 requires that an adequate supply of housing be brought forward with higher densities being required at accessible locations such as this site. Policy H1 also requires development to contribute toward a balanced mix of dwellings within the local area in terms of size, type, tenure and affordability. Policy ST11 seeks to ensure that new development is located on the most sustainable sites within the City and that less sustainable sites are only brought forward when necessary. The policy is based on the sequential approaches to development that are set out in national policy guidance and policy DP1 of Regional Planning Guidance for the North-West. The site was allocated for residential development in the old UDP. Policy H9/35 stated that the uses on the site were unsightly and detracted from the surrounding area. It stated that housing development would considerably enhance the local environment but that the housing development would need to be of exceptionally high quality reflecting the character of the conservation area and exploiting the potential of a canalside setting. It is important to note the written observations of the Inspector who undertook the public inquiry into objections to the replacement UDP. The site had been allocated in the draft replacement plan. The Inspector deleted the site from the housing allocation and made a number of important observations. He considered that the site was too small to warrant its own community facilities He considered that the proposed density in the allocation of 45 dwellings per hectare was acceptable in the context of the national drive to make the best use of land. He noted that the site had been allocated for housing for more than 20 years but had never come forward for development. He did not consider that the site would come forward for development within the lifetime of the Plan and that it should therefore, for that reason alone, be deleted as a housing allocation. He did not consider it as a priority site so far as urban regeneration objectives were concerned. The site is previously developed land in an accessible location close to a range of local facilities. The site is surrounded by residential development and is currently in industrial use albeit at a level that causes few problems to neighbours. The site had been allocated for residential development for more than 20 years and the inspector on the UDP public inquiry only took the site out of its residential allocation because he had no evidence that the site would be brought forward for development within the plan period. The principle of the 53 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 residential redevelopment of the site is therefore acceptable and in accordance with national government guidance. The application proposes a mix of dwelling types and sizes that is in accordance with policies H1 and ST11. The Quantity/Density of Development Detached and semi-detached homes currently account for 63% of Worsley’s housing stock. The applicant has stated, in support of his application, that local estate agents consider that demand for two bedroom apartments in the area is particularly high. Planning Policy Guidance Note 3 on housing calls on local planning authorities to make the best use of land. It states that the inefficient use of land should be avoided and that policies that place unduly restrictive ceilings on the amount of housing that can be accommodated on a site, irrespective of its location and the type of housing envisaged or the types of households likely to occupy the housing should be avoided. It goes on to state that local planning authorities should encourage development between 30 and 50 dwellings per hectare and should seek greater intensity of development at places with good public transport accessibility such as city, town, district and local centres or around major nodes along good quality public transport corridors. This development is now at a density of 39 dwellings per hectare. There is a good public transport service along Worsley Road supplemented by good public transport on Barton Road that is within easy walking distance of the site. The draft Planning Policy Statement 3 on housing calls for a density on suburban sites such as this of between 35 and 55 dwellings per hectare. I do not consider that the density proposed here is inappropriate and following the latest amendments the density is now close to the minimum density to be required on any site. Design, Scale and Massing Policy DES1 states that developments will be required to respond to their physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness via a number of factors that include the scale and size of the building, its contribution in the street scene and the quality of the proposed materials. Policy DES3 states that where development includes the provision of, or works to, public space, that public space must be designed to: i) Have a clear role and purpose, responding to established or proposed local economic, social, cultural and environmental needs; ii) Reflect and enhance the character and identity of the area; iii) Form an integral part of, and provide an appropriate setting for, surrounding developments; iv) Be attractive, safe, uncluttered and appropriately lit; v) Be of an appropriate scale; vi) Connect to established pedestrian routes and other public spaces; and vii) Minimise, and make provision for, maintenance requirements. Policy DES6 states that all new development adjacent to the Bridgewater Canal will be required to facilitate pedestrian access to, along and where across the waterway by the provision of; a safe and attractive waterside walkway, accessible to all and at all times of the day; pedestrian links between the waterside walkway and other key pedestrian routes; and where appropriate ground floor uses that generate pedestrian activity, and larger waterside spaces to act as focal points for public activity. It also states that all built development along the waterway will be required to; face onto the water and incorporate entrances onto the 54 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 waterfront; be of the highest standard of design, creating a positive addition to the waterside environment and providing an attractive elevation to it; be of a scale sufficient to frame the edge of the waterside; and enhance views from, of, across and along the waterway and provide visual links to the waterside from surrounding areas. The scheme has been designed in close collaboration with the local community and the architects of the scheme have sought to achieve a high quality of design that does not seek to mimic its surrounding but seeks to respect the qualities of the adjacent conservation area through a simple palette of materials and a traditional treatment appropriate to its setting. The provision of the new public spaces on the site between the apartment buildings and on the canal frontage are features of the scheme. The spaces are designed well with the canal side walkway being overlooked by habitable room windows and front doors and link the site and the canal side walkway directly through to the Green and the heart of Worsley village. The new public spaces form an integral part of the scheme and are of an appropriate scale. I consider that the development fully accords with policies DES3 and DES6. The scale and massing of the development has been reduced so that there are no four-storey elements at all in the scheme. A mix of two, two and a half and three storey buildings are now proposed with the closest buildings to the Conservation Area and those most visible from it being two storey to match the row of cottages on the Crescent. For the above reasons I do not share the view that the design, scale or massing of the buildings is unacceptable or that apartments are inappropriate in design terms. Impact on adjacent Conservation Area Policy CH2 states that planning permission will not be granted for development that would have an unacceptable impact on the setting of any listed building. The Worsley Village Conservation Area wraps around this development on its northern and western boundaries and this development does not lie within the Conservation Area at all. The proposed development would be set back from the Conservation Area boundary by at least 6m and the closest building would be two-storey only although other buildings are three storeys in part. Existing trees within the conservation area lie within the curtilage of neighbouring gardens and are not affected by this development and are therefore retained and will soften the impact of the new development. Now that the maximum number of storeys has been reduced to three I am satisfied that the proposed development would not have a detrimental impact on views into or from the Conservation Area. I consider that the removal of the old industrial buildings on the site and their replacement with well designed residential properties will enhance the adjacent Worsley Village Conservation Area. For the above reasons I do not share the view that the development will overshadow listed buildings and the Conservation Area. Effects of the development on neighbours 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. I have received a number of objections from neighbouring residents regarding the impact of the proposed development on their amenity, and in particular that there would be overlooking, loss of sunlight and loss of privacy. At the nearest point, the proposed dwellings are at least 8m from the common boundary with neighbouring private rear gardens. Trees within the 55 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 conservation area provide some additional screening and habitable window to window distances are in excess of 21m. I do not therefore consider that there will be any significant loss of privacy, loss of sunlight or an unacceptable outlook suffered by residents surrounding the site. I do not consider that the height of the buildings are such that they would prove overdominant when viewed from any neighbouring property given the distances and circumstances described above. I therefore have no objections to the application in respect of residential amenity. Highways, Parking and Public Transport Policy A10, in line with Government guidance, seeks maximum parking standards for all developments. Within the emerging planning framework and in line with central government advice there is no policy requirement for a minimum level of parking. The traffic impact assessment submitted by the applicant shows that the proposed development would not have a material impact on the local highway network. This assessment was undertaken at the proposed level of 132 dwellings. Capacity assessments at the proposed site access junction with Drywood Avenue and Worsley Road show that this junction would operate within capacity with minimal delays. As part of the application the applicant does propose to improve the visibility at this junction by building out the kerb on each side of the junction by 0.5m and providing some white line hatching on Worsley Road. I have received objections to the level of parking proposed that there is insufficient parking provided for the proposed development. The parking levels are in accordance with policy in this accessible location and I consider the parking levels proposed to be acceptable and would consider a greater level of provision over 150% to be contrary to both good practice, government advice and planning policy. In terms of highway safety I have no objections to the submitted scheme. I have received objections to the increase in the number of dwellings served from Old Boat Yard Lane. The amended plan increases the number served from this unadopted road from 11 to 14. I do not consider that this increase is unacceptable. Users of this road are required to drive slowly and the caution that is enforced by the narrowness of the road and the poor visibility ensures that drivers are cautious. I have attached a condition though to require a scheme for traffic calming of this road that will ensure that the caution necessary is adhered to. Sustainable Construction Policy EN22 of the deposit draft UDP explains planning permission will not be granted if the development will have an unacceptable impact on the conservation of non-renewable resources. The applicant has stated the following with regard to sustainable construction:the development is on a brownfield site all units are fully accessible to all durable materials are proposed low energy lighting will be used throughout occupants will be provided with information regarding reducing energy requirements all units will have acoustic party walls to minimise sound transmission natural surveillance is promoted throughout Open Space Provision 56 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 The development provides some public amenity space to the south of the site adjacent to the canal side walkway. In accordance with policy H8 of the UDP and the draft Supplementary Planning Document on Housing open space and children’s play space can be accommodated off site through a financial contribution. This application proposes 331 bed spaces, which equates to a commuted sum value of £178,740. Crime I consider that the concerns of the architectural liaison unit cannot be fully successfully addressed while at the same time meeting the desire of the City Council for good pedestrian links through the scheme from Worsley village to the canalside walkway. I consider that the concerns of the liaison unit must be balanced against the benefits that such a development will bring and I am satisfied that the majority of the justifiable concerns of the police architectural liaison unit can be met through a condition requiring a scheme to be submitted that is capable of meeting their secure by design standards. Other Objections Raised by Neighbours i) That there is an oversupply of flats in the area and that the scheme amounts to overdevelopment. This is a location close to the heart of Worsley village where higher dwelling densities should be encouraged and where it is right to provide a broad mix of dwelling types and sizes. The level of apartments has now been brought down so that they form just over 10% of the total number of dwellings on the site. ii) Loss of light/sunlight I am satisfied that the proposed buildings are sited and designed such that there will be no significant loss of light or direct sunlight to any neighbouring property. iii) That the development is contrary to policy Planning policy should properly be examined as a whole and I am satisfied that the development is supported by national, regional and local planning policy. iv) Compensation as a result of the development phase I do not consider that I can impose on the applicants a requirement as requested by neighbours. v) Local facilities cannot cope The site has been allocated for many years and I do not share the view that there would be a significant detrimental effect on the local community as a result of this development. VALUE ADDED TO DEVELOPMENT In accordance with the policy H8, the applicant has agreed to make a financial contribution towards equipped children’s play space and public open space. A total of £178,740 would be contributed in this regard. The applicant has also confirmed the use of sustainable building techniques. CONCLUSION 57 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 I am satisfied that the amended design is of the necessary high quality required and that the application would not have any significant detrimental effect upon the amenity of neighbouring residents or on the surrounding area in general. I consider that the amount and type of development proposed is now, as a result of the amended scheme, now appropriate and acceptable on this site. Through the development of this existing industrial site I am satisfied that the proposed development would not only enhance the character and appearance of the adjacent conservation area but enhance the surrounding area in general. I am also satisfied that the level of on site parking is acceptable. I am satisfied that the application complies with policies of the development plan as a whole. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition B01B New reserved matters 2. No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: - the colour and type of facing materials to be used for all external elevations - a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. 3. Standard Condition M08 Site Investigation - new 4. No development shall commence until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the local planning authority. Such scheme as is approved shall be implemented in full in accordance with the approved plans. 5. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from impermeable parking areas, roadways and hardstandings for vehicles shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor. 6. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4) (a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policy H8 of the City of Saford Unitary Development Plan and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development, will be paid to the Local Planning Authority for open space and recreation space purposes 7. Prior to the commencement of the development a scheme for the provision of recycling facilities within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of any of the residential units hereby approved. 58 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 8. No development shall be commenced unless and until a scheme(s) demonstrating sustainable construction techniques , the use of renewable energy sources and energy efficiency in the design and operation of the buildings and associated external areas (including sustainable urban drainage systems) has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented and maintained thereafter in accordance with the approved scheme(s) prior to the first occupation of the development hereby approved. 9. Standard Condition F04D Retention of Parking Spaces 10. No development shall be commenced unless and until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development. 11. No development shall be commenced until full details of the proposed bin stores have been submitted to and approved in writing by the Local Planning Authority. The approved bin stores shall be implemented and thereafter retained prior to the fist occupation of any apartment. 12. No development shall be commenced until a scheme detailing security measures capable of meeting the standards of the Greater Manchester Police 'Secured By Design' award scheme has been submitted to and approved in writing by the Local Planning Authority. Such scheme as is approved shall be implemented in full in accordance with the approved plans prior to the occupation of any dwelling. 13. No development shall be commenced until a scheme detailing security measures capable of meeting the standards of the Greater Manchester Police 'Secured By Design' award scheme has been submitted to and approved in writing by the Local Planning Authority. Such scheme as is approved shall be implemented in full in accordance with the approved plans prior to the occupation of any dwelling. 13. Development shall not commence until a scheme for traffic calming on Boat Yard Lane has been submitted to and approved in writing by the local planning authority. Such scheme as is approved shall be implemented in full prior to the occupation of any dwelling served by this access. (Reasons) 1. Standard Reason R002 Reserved Matters 2. Standard Reason R002 Reserved Matters 3. Standard Reason R028A Public safety 4. To reduce the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal in accordance with policy EN16 of the replacement City of Salford Unitary Development Plan 5. To prevent pollution of the water environment in accordance with policy EN22 of the replacement City of Salford Unitary Development Plan. 59 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 6. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 and H11 of the City of Salford Adopted UDP, Policy H8 of the Revised Deposit Draft Replacement UDP and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development. 7. Standard Reason R024A Amenity of future residents 8. Standard Reason R004A Amenity-area 9. Standard Reason R012A Parking only within curtilage 10. Standard Reason R004A Amenity-area 11. Standard Reason R005A Amenity-neighbours 12. Standard Reason R024A Amenity of future residents 13. To protect the interests and safety of traffic on Boat Yard Lane in accordance with policy A8 of the City of Salford Unitary Development Plan. Note(s) for Applicant 1. The site falls within the 2005 declared Air Quality Management Area for Nitrogen Dioxide. 2. The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk 3. 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 contents of the attached letter from the Environment Agency. 5. 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. 6. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 Saturdays 08:00 to 13:00 60 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Construction works shall not be permitted on Sundays or Bank or Public Holidays Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 7. All bat species are legally protected from any harm, damage or disturbance under the Wildlife and Countryside Act 1981, as amended by the Countryside and Rights of Way Act 2000. It is a criminal offence to knowingly or recklessly harm, damage, or disturb bats or their roosts. Bats are also protected under the Conservation (Natural Habitats) Regulations 1994. Approval must be sought from English Nature for any works affecting bats or their roost sites. 8. The applicant should incorporate a landscaping scheme composed solely of native species. If there are distinct local varieties where the local gene pool should be maintained, then stocks of local provenance should be used. British forms tend to be more resistant to frost and damp than their European counterparts, and flower and fruit at times more appropriate to the British animals that depend on them. APPLICATION No: 06/52688/FUL APPLICANT: Peel Investments (North) Ltd And Manchester Ship Canal Co LOCATION: Wharfside Irlam Wharf Road Irlam PROPOSAL: Erection of four buildings comprising 16 light industrial units (Classes B1(c) and B8) and one office unit (Class B1(a)) together with associated landscaping and car parking WARD: Cadishead DESCRIPTION OF SITE AND PROPOSAL The site is currently vacant and was formerly the curtilage to a previous industrial use. The land extends to 1.54 hectares is overgrown and naturally vegetated but with no species worthy of retention The site is accessed off Irlam Wharf Road adjacent to Cadishead Way. The adjacent land to the north and east is occupied by industrial and storage uses. Adjoining the site to the west is the Manchester Ship Canal. The development comprises four buildings (16 individual units) the proposed use of which is either B1(c) (light industrial) or B8 (warehousing). Units A, B and C will be single storey with a mezzanine upper floor in ancillary office use. The upper floor area measures 7.5m by 5.3m. Unit A would measure 38m by 24m, unit B would measure 22m by 26m and unit C would measure 26m by 72m. The units would be of standard construction – brick with colour coated steel cladding, roller shutter doors and the height would be 8.8m. 61 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 A detached three storey office building is also proposed measuring 14.5m in height by 20.5m in length. The building would be constructed of brick and glazing panels with a tiled hipped roof. The development has been designed around a single access of Irlam Wharf Road. It is proposed to provide 104 parking spaces including 14 disabled bays. CONSULTATIONS Environment Agency: – No objection subject to conditions to protect the Ship Canal. United Utilities - No response received to date Trafford MBC – No response received to date GMP Architectural Liaison Officer – No response received to date Strategic Director of Environmental Services: no objection but recommends several conditions be attached including a maximum noise levels. United Utilities: no objection subject to satisfactory drainage Northbank Industrial Park Management Park – No objection Manchester Ship Canal Company – No objection subject to condition restricting access on the embankment PUBLICITY A site notice was displayed on 12th July 2006 A press notice was published on 13th July 2006 REPRESENTATIONS I have received no letters of representation or objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY UR2 – An Inclusive Social Infrastructure UNITARY DEVELOPMENT PLAN POLICY Site specific policies: E4/7 Sites for employment development. Other policies: ST3 – Employment Supply DES1 Respecting Context DES6 Waterside Development DES7 Amenity DES9 Landscaping DES10 Design and Crime A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments 62 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 PLANNING APPRAISAL The site is allocated for employment uses and Policy E4/7 comments that offices, general industry, storag44e and distribution or light industrial uses are suitable on this site and would complement the adjacent industrial uses. The main planning issues therefore are whether the scheme should incorporate a dedicated pedestrian footpath along the canal side in accordance with the provisions of the adopted UDP and whether a maximum noise level condition should be attached . Adopted UDP policy DES6 requires all new developments adjacent to the Manchester Ship Canal to facilitate pedestrian access to, along and, where appropriate, across the waterway by the provision of safe, attractive and overlooked routes. The site is bounded by the Manchester Ship Canal to the west. The Canal is located down a steep embankment approximately 8m below the level of the site. The canal frontage extends some 260m from Cadishead Way to the boundary with the Irlam Container Terminal. I consider that an attempt to construct a dedicated pedestrian footpath along the canal side up to the boundary with the container wharf would not be desirable due to the characteristics of the site. Contrary to policy DES6, it is considered that any pedestrian access would not be attractive to users due to the steepness of the embankment and proximity to the container port. As such on balance I consider the scheme would be better served by not requesting a footpath route along the canal-side. The Strategic Director of Environmental Services has requested that a noise level condition be attached to protect nearby noise sensitive premises. I note that the nearest residential properties are located over 700m on Alexandra Grove. Also as the site has been allocated for the uses proposed in this application I do not consider it necessary in this instance to attach a noise level condition. The scale, massing and height of the proposed industrial units and the office building is considered to be in keeping with the character and appearance of the street scene as the area is characterised by modern industrial units and office buildings. The proposed buildings would respect the context given the neighbouring uses of a van hire compound and the container port that have industrial and office units similar to that proposed. The design and materials proposed are considered to be acceptable and appropriate for this location and in accordance with policy DES1 of the adopted UDP I have attached a condition requiring the developer to submit a statement detailing their intentions regarding site security and crime prevention and reduction. A condition has also been attached relating to the need for a 2.4m security fence to be erected to the perimeter of the site. This is in accordance with policy DES10 of the adopted UDP. The site includes provision for 104 car parking spaces of which 14 would be for disabled users. The level of car parking proposed is in accordance with appendix B and C and policy A10 of the adopted UDP. The access to the site would be from a single entrance point located on Irlam Wharf Road. This would provide both an entrance and exit to the site. The internal road layout is considered acceptable and I have no serious concerns over highway safety for vehicle or pedestrian users of the site. I have attach a condition requiring the developer to provide cycle storage facilities on site. 63 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 CONCLUSION I am satisfied that the proposed development is consistent with both the site specific policies and the other policies of the Council. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No development shall be started until full details of the colour and type of facing materials to be used for the walls and roof; of the development have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken using the approved materials. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans. 5. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 6. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from vehicle parking shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being 64 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 drained. Roof water shall not pass through the interceptor. 7. The site boundaries shall be fenced with a security fence to a minimum height of 2.4 metres in accordance with a scheme to be submitted and approved by the Local Planning Authority prior to the commencement of development of the site. The fencing, as approved, shall be erected prior to the first occupation of the premises and retained thereafter. 8. Prior to the commencement of the development a scheme and statement indicating what measures are employed to minimize the risk of crime shall be submitted to and approved by the Local Planning Authority. The scheme and statement as approved shall be implemented prior to the first occupation of the premises and retained thereafter. 9. Unless agreed otherwise in writing by the Local Planning Authority, the buildings hereby approved shall be a minimum of 300mm above the adjacant road level. 10. Before the development hereby permitted is brought into use that part of the site to be used by vehicles shall be laid out, surfaced and sealed to the satisfaction of the Local Planning Authority and shall thereafter be made available at all times the premises are in use. 11. Within four months of the date of this decision notice full details of the location, design and construction of bicycle parking facilities have been submitted to and approved in writing by the Local Planning Authority. Such approved bicycle parking facilities shall thereafter be constructed and made available for use before the first occupation of the building. 12. Prior to being discharged into any watercourse, surface water sewer or soak away system, all surface water drainage from vehicle parking shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor. 13. Any facilities for the storage of chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Director of Development Services for approval. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to 110% of the capacity of the largest tank, or 25% of the total combined capacity of the interconnected tanks whichever is the greatest. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R008B Development-Building in vicinity 3. Standard Reason R004B Amenity - area 65 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 4. Standard Reason R004B Amenity - area 5. Standard Reason R028B Interests of public safety 6. Standard Reason R028B Interests of public safety 7. Standard Reason R004B Amenity - area 8. In accordance with DES10 Design and Crime 9. Reason: To safeguard the amenity of the future users of the development in accordance with policy DES 7 of the City of Salford Unitary Development Plan. 10. Standard Reason R026B Interests of highway safety 11. To ensure that adequate provision is made for the parking of bicycles within the curtilage of the site in accordance with policy A10 of the City of Salford Unitary Development Plan. 12. To ensure a safe form of development that poses no unacceptable risk of pollution. 13. To ensure a safe form of development that poses no unacceptable risk of pollution Note(s) for Applicant 1. The applicant is advised to contact United Utilities prior to the commencement of development to discuss drainage and sewer issues APPLICATION No: 06/52770/FUL APPLICANT: University Of Salford LOCATION: Peel Park Campus University Of Salford Crescent Salford PROPOSAL: Erection of a part four/part five storey building comprising 379 student bedrooms (Amendment to planning permission 05/49963/FUL) WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL The proposed building would be located within Salford University’s Peel Park Campus. The application site is currently an unused grassed area adjacent to the students’ union, the Myers Building, which houses the University’s estate’s section and Constantine and Horlock Courts, which comprise student accommodation. To the west of the proposed building is University Road. 66 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 The proposed building would be part four storeys and part five storeys, with the highest part of the building at corner where the main entrance is located. Due to the shape of the proposed building and the location of Constantine Court, a courtyard area would be created which would be landscaped with walkways providing pedestrian access to the different entrances to the proposed building. A total of 70 car parking spaces, including three disabled spaces, would be provided as part of this proposal. Vehicular access into the site would be from University Road. New boundary treatment to the site along University Road would be provided as part of this proposal. The proposal would necessitate the demolition of the Lankester Building, which is one of the University’s administration buildings. SITE HISTORY In May 2005, planning permission was granted for ‘Demolition of existing administration buildings and erection of one part four/part five storey block comprising 348 student bedrooms together with associated communal facilities and conference rooms’ (05/49963/FUL). This new application sees the conference facilities on the ground floor of the northern element being removed and replaced with bedrooms. This is how a further 31 bedrooms have been accommodated. There will still be a reception, finance office, general enquiries office, other offices and interview rooms on the ground floor of the western element for staff. CONSULTATIONS The Strategic Director of Environmental Services – no objections to the principle of the proposal, subject to conditions requiring a noise assessment and site investigations Police Architectural Liaison Officer – comments received. The ALO makes a number of suggestions to improve security and safety, including security gates and a secure car park. Greater Manchester Passenger Executive – comments received. The site is located within close proximity of Salford Crescent Station and a number of bus stops. Future residents of the apartments would therefore have a choice of transport modes, which would help to reduce reliance on the private car. The GMPTE suggests seeking a contribution from the applicant for improvements to the lighting and installation of CCTV along University Road to improve security and safety for future residents accessing public transport facilities. Environment Agency – no objections United Utilities – no objections Central Salford Urban Regeneration Company – no comments to make PUBLICITY A site notice was displayed on 1st June 2006. The following neighbour addresses were notified: Business House, University Of Salford, University Road, Salford Midland Bank, University Road, Salford Blocks 8, 9, 10, 11, 12, 13 and 14 Horlock Court, University Road Blocks 15, 16, 17, 18, 19, 20 and 21 Constantine Court, University Road 67 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 REPRESENTATIONS I have not received any objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: none UNITARY DEVELOPMENT PLAN POLICY Site specific policies: none Other policies: DES1 – Respecting Context DES13 – Design Statements DES11 – Design and Crime H7 – Provision of Student Accommodation A10 – Provision of Car, Motorcycle and Cycle Parking in New Developments PLANNING APPRAISAL The principle of this proposed development, its design, level of car parking provision and whether there would be an impact on the surrounding highway network have already been assessed in the previous planning application (05/49963/FUL) and approval was granted due the development being in accordance with the relevant policies. Therefore the main issue in the determination of this application is: whether the increase in the number of student bedrooms is acceptable. Provision of student accommodation Policy H7 states that planning permission will be granted for the provision of student residential accommodation provided that the following criteria are met: there is a proven need for the development; the development is in a location with very good access by public transport, walking and cycling to local facilities and to the educational establishment that it is designed to serve; there would be no unacceptable impact on the amenity of the occupiers of neighbouring developments; the use would not have an unacceptable impact, either in itself or cumulatively, on the character of the area; and the proposal is compatible with wider regeneration objectives, and is consistent with other policies and proposals of the UDP. In the supporting information for the previous planning application, the University confirmed it had 3,200 student accommodation contracts from 3,985 applications received for the year 2004/2005, thereby demonstrating that demand for student accommodation was greater than supply. The University’s strategic aim is to update and increase the quality and quantity of bed stock on campus consolidating in outlying areas. The University also confirmed that there is a need and demand from students for higher quality accommodation, particularly ensuite accommodation. On the above basis, I am satisfied that the applicant demonstrated that there is both a quantitative and a qualitative need for the proposal for more bedrooms, in accordance with criterion i of Policy H7. The University is however planning to reduce the 68 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 number of rooms within Lester Court by 55 in order to create living rooms in each of the existing 3 person flats. Thus the overall strategy in relation to the provision of student bedrooms remains unchanged. In fact the increase from 348 to 379 rooms in this building would not change the numbers of provision for the university; there would actually be a reduction of 24 bedrooms overall. The site is located adjacent to a high frequency bus route to the east of the site which runs along the A6 (Broad Street) and close to Salford Crescent Railway Station. The site is also close to the facilities available at Salford Shopping City to the west and Manchester City Centre to the east, which could be reached by bus, train or walking. Therefore, the proposal is located in a highly accessible location, consistent with criterion ii of Policy H7. Given that the development is sited within an existing university campus, I do not consider there would be an unacceptable impact on the amenity of neighbouring occupiers or on the character of the area, in accordance with Policy H7 criteria iii and iv respectively. The proposal would be compatible with wider regeneration objectives by assisting in achieving the provision of on-campus, high quality student accommodation, which would be sited in a more secure, sustainable and accessible location, thereby being consistent with Policy H7 criteria ii and v. In light of the above, I am satisfied that the increase in the number of student bedrooms from 348 to 379 (a further 31 rooms) is acceptable and that the applicant has demonstrated the proposal’s compliance with Policy H7. The 8% increase in number of bedrooms would not be significantly different compared to the original proposal in terms of impact on the surrounding area. The proposed building size and siting would not change, only the internal use of it. I therefore have no objections to the application in this regard. Design 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 design and siting has previously been approved. The siting of the proposed building is the same as the one already approved and there are minor changes such as the addition of some windows and others being omitted. The proposed materials would still be a combination of brick and render, with concrete detailing and curtain walling. I have attached a condition requiring samples of the materials to be submitted and approved and I am satisfied that this will ensure they are of a suitably high quality. On the above basis, I am of the opinion that the application accords with the above policy in relation to design. Car Parking Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. A total of 70 car parking spaces would be provided within the site, including three disabled spaces. Both national and local planning policies emphasise the need to reduce reliance on the 69 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 private car and encourage the use of more sustainable transport modes. The site is located in close proximity to public transport links and, in accordance with Policy A10, cycle parking facilities would be provided within the site. As the proposed accommodation would be located within one of the University’s campuses, students would be able to travel to their lectures on foot and there are a number of other facilities, such as the library, students’ union and shops located within close proximity of the proposed building. I am therefore of the opinion that car use would be relatively limited and the need for car parking would therefore be reduced. The car parking would be provided in two phases, and I have attached a condition reflecting this. On the above basis, I am of the opinion that the proposed level of car parking provision accords with Policy A10. I therefore have no objections to the application in this regard. Other Issues A condition has been attached requiring the submission of a traffic calming scheme for University Road to be submitted and approved in order to ensure that the surrounding highway network would not be unacceptably detrimentally affected as a result of this proposal. As per the previous approval the applicant will be required to make a contribution towards environmental improvements within the Chapel Street Regeneration Strategy Area in accordance with the Development Control Policy Note in this regard. Such a contribution would be secured through a Section 106 Agreement. A condition has been attached requiring this agreement to be in place prior to the commencement of the development. In accordance with the Council’s Policy Note on S106 agreements in this area, applicants normally make a contribution of £1,000 per apartment. However, as the application is for student accommodation it was previously agreed that the applicant would contribute £200 per unit, which is a fifth of what is normally required. The applicant has requested that this contribution be used for environmental improvements in the vicinity of the site, and Firestation Square and Peel Park have been suggested as possible locations for such environmental improvements. Further to the application being submitted, where it was stated no trees would be felled, the applicant has found it will be necessary to remove some of the trees on the site. The trees are not visually significant and a condition has been attached for a landscaping scheme to be submitted and approved prior to commencement of development which would include replacement tree planting. Finally, I have received some comments from the Police Architectural Liaison Officer in respect of this application which have forwarded to the applicant for information. These recommendations are to install fob access to the security gates and erecting fencing to secure the car park. VALUE ADDED TO DEVELOPMENT The applicant has agreed to make a financial contribution towards environmental improvements within the Chapel Street Regeneration Strategy Area. A total contribution of £75,800 has been agreed, taking into account the contents of the Development Control Policy Note on planning obligations within Chapel Street and the fact that this proposal is for student accommodation. 70 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 CONCLUSION In conclusion, I am satisfied that the increase in the number of student bedrooms and the minor changes to the building are acceptable and that the application accords with the relevant policies. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of the building shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within two years of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. The development hereby approved shall not be brought into use until the means of vehicular access from University Road has been constructed and laid out in accordance with the approved plans. 5. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4) (a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by the Salford City Council Development Control Policy Note - The Use of Planning Obligations in the Chapel Street Area will be paid to the Local Planning Authority for environmental improvement purposes. 6. The cycle and refuse storage facilities shown on the approved plans shall be provided and made available for use prior to occupation of any of the apartments hereby approved and shall be retained thereafter, unless agreed otherwise in writing by the Local Planning Authority. 7. A minimum of 25 car parking spaces shall be provided in accordance with the layout shown on the approved plans prior to occupation of any of the apartments hereby approved. The remaining spaces shall be provided within eighteen months of the commencement of the development, unless agreed otherwise in writing by the Local Planning Authority. 71 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 8. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property.The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site.Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 9. Prior to the commencement of the development hereby approved, a noise assessment shall be submitted to and approved in writing by the Local Planning Authority. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network and the railway. The assessment shall identify all noise attenuation measures and alternative means of ventilation which may be determined appropriate to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. Unless agreed otherwise in writing by the Local Planning Authority, all approved noise control and ventilation measures shall be implemented prior to first occupation of any of the apartments hereby approved and thereafter retained. 10. Unless agreed otherwise in writing by the Local Planning Authority, a traffic calming scheme for University Road shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The approved scheme shall be implemented prior to first occupation of any of the apartments hereby approved, unless agreed otherwise in writing by the Local Planning Authority. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004B Amenity - area 3. Standard Reason R004B Amenity - area 4. Standard Reason R026B Interests of highway safety 5. To ensure the residential development provides appropriate environmental improvements within the Chapel Street Area in accordance with Salford City Council Development Control Policy Note - The Use of Planning Obligations in the Chapel Street Area 6. In order to encourage the use of more sustainable transport modes, in accordance with Policy A10, and to safeguard the amenity of the area in accordance with policy DES1 of the City of Salford Unitary Development Plan. 72 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 7. Standard Reason R012B Parking only within curtilage 8. Standard Reason R024B Amenity of future residents 9. Standard Reason R024B Amenity of future residents 10. Standard Reason R026B 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. The applicant's attention is drawn to the attached letter from Greater Manchester Police 3. The applicant is advised to contact the Traffic and Transportation Section regarding the traffic calming scheme. 4. The applicant is advised to contact the Pollution Control Section of the Directorate of Environmental Services (0161 737 0551) for further discussions regarding the requirements of the Contaminated Land Condition. 5. The applicant is advised that this permission relates to the amended plans received on 31st May 2006 which shows the amendments to the elevations. APPLICATION No: 06/52795/REM APPLICANT: Shepborough Development Co Ltd LOCATION: Agecroft Commerce Park Agecroft Road Pendlebury Swinton PROPOSAL: Details of the siting, design and external appearance of a warehouse/distribution unit with associated two storey offices together with associated landscaping, car parking and access WARD: Irwell Riverside ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 73 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 ADDITIONAL OBSERVATIONS With regards to the siting of the proposed unit and the access, it is necessary to discuss why these are considered acceptable. I have amended the report to address the issues and the description of the proposal has been amended to include the reserved matter of means of access as per the application forms. I have also attached a further condition regarding minimum floor levels. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DESCRIPTION OF SITE AND PROPOSAL The application site is located within the Agecroft Commerce Park. The site is currently vacant. The unit would be located to the south of the Commerce Park. To the south of the units is Bunzl and to the west is unit 4 which is under construction, beyond this is a railway line and beyond this a number of residential properties. To the east are a number of small units. The remainder of the Commerce Park comprises a mixture of light industrial units and warehouse buildings. Some of the land within the Commerce Park, to the north of the application site, is currently vacant. However, outline planning permission has been granted for B1, B2 and B8 uses. Consent is sought for details of the siting, design, external appearance, means of access and landscaping for the unit. It would be accessed from a road off the roundabout to the east which has been constructed as part of a separate phase of the Commerce Park. The unit would comprise a total of 4645sqm floor space. A total of 47 car parking spaces, including three spaces for disabled use, would be provided between the proposed unit and the access road. The service area would also be to the front of the unit and the boundary of the site would be landscaped. The proposed unit would be a maximum of 13.2m in height. SITE HISTORY In January 2002, outline planning permission was granted for the development of the part of the former Agecroft Colliery site and Brindle Heath Sidings to form a commerce park, including light industrial, general industrial, warehousing uses and intermodal facility (ref: 00/41657/OUT). In November 2003, planning permission was granted for the details of the siting, design and external appearance of one Business (B1)/Industrial (B2)/Warehousing (B8) speculative unit (Unit 4) including means of access together with the siting of gate house (ref: 03/46854/REM). In June 2005, an application to extend the period for submission of reserved matters in respect of outline planning application 00/41657/OUT for the development of land to form a commerce park including light industrial, general industrial, warehousing and intermodal facility was approved (ref: 05/50437/OUT). In September 2005, an application for details of siting, design, external appearance and means of access for two industrial units (Units 4 & 5) together with associated landscaping was approved (05/50919/REM). 74 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 CONSULTATIONS The Strategic Director of Environmental Services – no objections. Environment Agency – no objections but recommends condition relating to a site investigation. Greater Manchester Passenger Transport Executive – no objections. Police Architectural Liaison Officer – has provided guidance regarding fencing, glazing and the unit should be designed to the minimum standards of the Secured By Design award. Railtrack – no comments received to date. Central Salford Urban Regeneration Company – no objections. Greater Manchester Ecology Unit – no comments received to date Lancashire Wildlife Trust – no comments received to date Bury Metropolitan Borough Council – no comments received to date PUBLICITY A site notice was displayed on 9th June 2006. The following neighbour addresses were notified: 2 – 40 (E) Broomhall Road 50 – 80 (E) Broomhall Road 1, 3, 5, 112 & 114 Bank Lane 31 & 32 Dettingen Street 31 & 32 Minden Street 31 & 32 Egmont Street Units 1, 4 & 5 Agecroft Commerce Park 2 Overman Way Units 14 – 18 Lamplight Way Units 11 & 12 Lamplight Way REPRESENTATIONS I have not received any letters of objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY Site specific policies: None Other policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: E4/10 – Sites for Employment Development DES1 – Respecting Context 75 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 DES7 – Amenity of Users and Neighbours DES9 – Landscaping A10 – Provision of car, cycle and motorcycle parking in new developments PLANNING APPRAISAL The main planning issues relating to this application are: whether the design of the proposed buildings is acceptable; whether the proposed landscaping scheme is acceptable and whether the proposed level of car parking is acceptable. I shall deal with each matter in turn below. Design, siting and access 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 design of the proposed unit would be similar to the existing units within the Commerce Park, which have already been approved. I have attached a condition requiring samples of the materials to be submitted and agreed, which will ensure that the materials are of a sufficiently high quality and an appropriate colour. The five units will be sited square-on to each other and the northern elevation of unit 3 would be in line with the northern elevation of unit 4 (currently under construction), which gives a clear building line along this road. The access to the site would be off the roundabout and the car parking and servicing would located be to the front of the unit. There is already the existing situation where the car parks for units 1 and 2 are to the front of the units facing the roundabout. The car parking for units 4 and 5 is also located to the front of the units. Weldmesh fencing, trees and hedges will be located around the perimeter of the site in order to soften the landscape and improve the quality and appearance of the commerce park. I therefore consider that the scheme accords with the above policy. Landscaping Policy DES9 states that developments will be required to incorporate appropriate hard and soft landscaping provision. Where landscaping is required as part of a development, it must be of a high quality, reflect and enhance the character of the area, not detract from safety and security, form an integral part of the development, be easily maintained and respect adjacent land uses. The proposed landscaping scheme incorporates hedgerows and trees along the outer boundaries of the unit. 2.4m high weld mesh fencing would be provided around the perimeter of the site, which the applicant has confirmed would be green. A strip of close mown grass would be provided between unit 3 and the access road to unit 4. To the south of the unit, between unit 3 and unit 1 would be an area of close mown grass and clipped hedgerows. Ornamental shrub planting would be at the entrance to the unit. The landscaping scheme has been designed by the same company, and is similar, to that of the approved schemes for units 4 and 5. The developer of units 4 & 5 is the same developer as this application. I am satisfied that the number of trees to be planted is appropriate and that the type, height and colour of the fencing is acceptable. I am of the opinion that the proposed landscaping scheme is of a high quality and would make a positive contribution to the character and appearance of the area. I have attached a condition requiring the landscaping 76 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 scheme to be implemented within eighteen months of the commencement of the development. I am satisfied that the proposal complies with the above policies. Car Parking Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. A cycle storage area would be provided within the curtilage of the site which would accommodate six bicycles, which is based on the proposed floor space and accords with Policy A10. I am therefore satisfied that this will encourage the use of more sustainable modes of transport in accordance with local and national policies. There would be three disabled spaces provided on site which is in line with the Council’s standards. Amenity 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. I have not received any objections from the Strategic Director of Environmental Services in relation to this proposal or any objections from nearby residents or units. I am of the opinion the proposed unit would not have any unacceptable impact on nearby occupiers or users and so the proposal complies with DES7. CONCLUSION In conclusion, I consider the design of the proposed building and the landscaping scheme to be acceptable and in keeping with the remainder of the Commerce Park. I am satisfied that there would be no unacceptable detrimental impact on the amenity of neighbouring residents and I have no objections to the means of access into the site. I therefore recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of the building shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority. 2. The landscape scheme hereby approved shall be carried out within 18 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 3. The fencing hereby approved shall be painted green RAL6005 prior to its erection on site and shall be retained as such thereafter. 4. The fencing hereby approved shall be erected prior to first occupation of the unit hereby 77 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 approved and shall be retained thereafter. 5. The car parking spaces, servicing area and cycle parking provision shown on drawing number 4170-002C shall be provided and made available for use prior to occupation of the unit and shall be retained thereafter. 6. The minimum floor levels of thr unit shall be 300mm above the adjacant road. (reasons) 1. Standard Reason R004B Amenity - area 2. Standard Reason R004B Amenity - area 3. Standard Reason R005B Amenity - neighbours 4. Standard Reason R004B Amenity - area 5. Standard Reason R012B Parking only within curtilage 6. To safeguard the amenity of the future occupants of the development in accordance with policy DES 7 of the City of Salford Unitary Development Plan. 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 APPLICATION No: 06/52995/HH APPLICANT: L Hudson LOCATION: 3 Montonmill Gardens Eccles M30 8BQ PROPOSAL: Erection of a two storey side extension WARD: Winton 78 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 DESCRIPTION OF SITE AND PROPOSAL This application relates to a detached dwelling house located on Montonmill Gardens in Eccles. The application is for the erection of a two storey extension to the side of the dwelling house 3 Montonmill Gardens. The extension would provide an extended kitchen at ground floor level and a fourth bedroom at first floor level. PUBLICITY The following neighbour addresses were notified: 1-12 (inclusive) Monton Lodge, Montonfields. 1, 2 and 5 Montonmill Gardens. Land formerly Monton Traders and labour Club, 3 Parrin Lane. REPRESENTATIONS I have received one letter of objection to the planning application. The following issues have been raised: Overlooking Loss of privacy Noise and disturbance Overbearing Work has already commenced The application is being reported to Panel as the applicant is an employee of the Council. REGIONAL SPATIAL STRATEGY Site Specific Policies: None Other Policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DES1 – Respecting Context DES7 – Amenity of Users and Neighbours DES8 – Alterations and Extensions PLANNING APPRAISAL The main planning issues relating to this application are: whether the proposal would seriously injure the amenity of existing residential properties and whether the proposal would have an unacceptable impact on the street scene. 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 79 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 policy, regard will be had to a number of factors, including the relationship to existing buildings the character of streets, impact on views, scale and the quality and appropriateness of proposed materials. Policy DES7 of the Adopted UDP states that development will not be permitted where it would have an adverse impact upon the occupiers or users of other developments in the vicinity or an unacceptable impact on the character and appearance of the street scene. Policy DES8 of the Adopted UDP states that permission to extend, or alter an existing building will only be permitted if it respects the general scale, character and proportions of the existing building and compliments the surrounding area. The Council’s Supplementary Planning Document (SPD) House Extensions was adopted on the 19th July 2006. It provides additional guidance on the factors to be considered and standards maintained when determining householder applications. The property already has a single storey extension at the side which was originally built as an attached garage and has since been converted in to a study. The existing single storey extension lines up with the front of the house. The proposed extension would be set back 1.8m from the front wall of the dwellinghouse and would be set in 1m from the side boundary. This is in accordance with Policy HE8 of the Council's Supplementary Planning Guidance for House Extensions. It would measure 2.4m wide and would be 6m in length extending over the rear part of the existing ground floor study and lining up with the main rear wall of the dwelling house. It has been designed to have a lower ridge height than the existing house. It would be constructed in materials to match the existing house. The windows would also match the style of the existing house. I consider that the extension is of a good design and would not detract from the street scene, in accordance with Policy DES1. The extension would have a new kitchen window at ground floor level on the rear elevation and bedroom windows at first floor level on both the front and rear elevations. No windows are proposed on the side elevation. Privacy distances to both the front and rear of the dwellinghouse are in excess of the Council's standards as set out in its Supplementary Planning Document for House Extensions. The side wall of the adjoining dwellinghouse No.1 Montonmill Gardens which faces towards the proposed extension does not have any habitable room windows on it and I am therefore satisfied that the proposed extension would not have any adverse impact on the amenity of the adjoining residents, in accordance with Policy DES7. In addition to the above, the objector is concerned that the proposed extension would result in an increase in the level of noise and disturbance as it would be close to his kitchen and bedroom. Given that the extension is for domestic purposes, I do not consider that there would be any unacceptable increase in noise as a direct result of the proposed extension and do not consider that such concerns warrant the refusal of the application. CONCLUSION The proposal accords with the Council's Supplementary Planning Document on House Extensions, policies DES1, DES7 and DES8 of the Adopted UDP. I consider the design of the proposed extension to be acceptable and I am satisfied that the proposal would not result in an unacceptable adverse impact on the amenity of neighbouring residents by virtue of overlooking or loss of privacy. I am also of the opinion that the proposal would not have an unacceptable impact on the street scene or the character of the surrounding area. 80 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 17th August 2006 Therefore I recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit (Reasons) 1. Standard Reason R000 Section 91 81