PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 APPLICATION No: 07/54057/FUL APPLICANT: Alan Norwood LOCATION: Wentworth High School Wentworth Road Eccles M30 9BP PROPOSAL: Replace existing boundary fencing with 2.4m high palisade fencing WARD: Eccles Following deferral at the Panel meeting of the 5th April 2007 where members recommended that the design of the fence is altered, and a subsequent meeting with The Greater Manchester Police Architectural Liaison Officer, the school’s Business Manager and the Salford City Council School Security Co-ordinator, the applicant has amended the scheme. The alterations include a change in the style of fencing from the original 2.4 metre high palisade fencing to 3 metre high vertical bar railings along the boundary with Wentworth Road and along the Western boundary at the end of Westminster Road. It is proposed that a second fence also of vertical railing design is erected at a height of two metres in from the Northern and Western site boundaries to create an area between the two fences where defensive planting can take place. It is proposed that the area between the two fences is planted with thorny species which would create a barrier to deter intruders as the single fence at present is not sufficient to ensure this. The school will be responsible for the upkeep of the area between the two fences and this area will remain part of the school grounds. I consider that the amended scheme is less visually intrusive and would have a lesser impact upon the quality of the Ellesmere Park Conservation Area, whilst still providing an adequate level of security for the school. I consider that the proposed fences would be in accordance with all of the relevant policies within the Unitary Development Plan and the requirements of the Supplementary Planning Document ‘Design and Crime’. I subsequently recommend that the amended scheme is approved subject to the following conditions: 1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. Prior to the commencement of development full details of the colour of the fences hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The fences shall be powder coated in the approved colour prior to installation and shall be maintained as such thereafter. 1 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 3. This permission shall relate to the amended plan received on 22.05.2007 which shows an amended fence line and vertical railings +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DESCRIPTION OF SITE AND PROPOSAL Permission is sought for the erection of a 2.4 metre high security fence at the front boundary, rear entrance and boundary adjacent to the playing field at Wentworth High School in Eccles. The design of the fencing is proposed to be palisade. Weld mesh fencing currently exists at the site. The change in fence types is required to reduce the likelihood of crime and vandalism which the school has fallen victim to in the last twelve months. Replacement of the existing fencing is also required to increase security for staff and pupils of the school. It is proposed that the fencing is constructed of polyester powder coated galvanized steel palisading and would be powder coated in green to match the existing fencing. The access to the school would remain the same as the existing gates would be replaced by gates to match the proposed fencing in the same location. The site is within a predominantly residential area and houses on Chatsworth and Wentworth Road would either back onto, or face the proposed fencing. To the North of the site is a wooded area. SITE HISTORY 99/40254/DEEM3 - Erection of two sections of 2.4 metre high palisade fencing - Permitted 04/49421/DEEM3 - Erection of 2.4m high boundary fencing adjacent to Chatsworth Road entrance and on part of northern boundary – Permitted CONSULTATIONS Police Architectural Liaison Unit – No Comments PUBLICITY The following neighbour addresses were notified: 7-13 Portland Road (Odds) 36 Westminster Road 45 Westminster Road 1 Wentworth Road 2-32 Wentworth Road (Evens) 13-25 Salisbury Road (Odds) 2 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 75-85 Salisbury Road (Odds) 18-24 Chatsworth Road (Evens) 21-25 Chatsworth Road (Odds) 33-37 Chatsworth Road (Odds) 34-40 Chatsworth Road (Evens) REPRESENTATIONS I have received three letters of objection to the proposal. The following issues have been raised: The school will have a ‘prison-like’ appearance and would not be welcoming Eyesore and loss of view Loss of value to property Fencing already in place and the need to replace it Intruders access the site over the gate rather than via the existing railings Wentworth High should seek to utilise security staff and site security more effectively in liaison with the police. I have received one letter in support of the application stating that the new fencing would bring welcome peace of mind. Councillor Alan Broughton has formally requested that the application is decided by the Planning and Regulatory Panel giving the reason that the school has recently been vandalised and a stronger fencing type will help to reduce this. UNITARY DEVELOPMENT PLAN POLICY Site Specific Policies: Adopted Ellesmere Park Supplementary Planning Document Other policies: DES1 – Respecting Context DES7 – Amenity of Users and Neighbours DES10 – Design and Crime SPD Policy DC16 – Boundary Treatments PLANNING APPRAISAL The main planning issues relating to this application are whether the development is acceptable in terms of design especially having regard to the requirements of the Adopted Supplementary Planning Document relating to Ellesmere Park, and if the proposed fencing would have a negative impact upon the amenity of the area and users and occupiers of it. Policy DES1 of the Adopted Unitary Development Plan requires that all developments should respect the context of the area within which they are set and where possible contribute positively to the landscape character type. 3 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Policy DES7 of the Adopted Unitary Development Plan requires that developments do not impact detrimentally upon the amenity of users or occupiers of the development or occupiers of adjoining uses. Policy DES10 of the Adopted Unitary Development Plan states that all development should be designed to a high standard, and discourage crime, the fear of crime and anti social behaviour. Policy DC16 requires that boundary treatments are designed to a high standard and are visually permeable to reduce areas of concealment where criminal activity can occur. The Adopted Supplementary Planning Document which relates to Ellesmere Park has the function of ensuring that the character and environment of Ellesmere Park and its individual buildings, landscape and streets is enhanced and that new development within Ellesmere Park is built to the highest standard. The SPD is designed to raise awareness of the need for good design in the Ellesmere Park Area. A key characteristic of Ellesmere Park are the strong boundary features which include low walls and significant landscaping. Although it is recognised that such a treatment is not feasible for a school which has different security needs bearing in mind the site is not always occupied, the design of the palisade fence which is usually associated with industrial areas, is considered unacceptable. Whilst it is acknowledged that the school needs protection from crime and vandalism Policy DC16 of the Adopted Supplementary Planning Document Design and Crime states that crime prevention measures should not be at the expense of overall design quality, and requires that proposals are not permitted where they would have a hostile appearance or would engender a fortress like atmosphere. I consider that the proposed fencing would have an unacceptable impact upon the outlook of a number of residents, and from those houses whose rear gardens back onto the proposed fencing there would be a significant enclosing effect and it is considered that the fencing type proposed would have a fortress like appearance to these neighbours. The erection of this type of fencing would constitute a hostile appearance, and is considered to be of a poor design. In design terms it is not considered that the circumstances warrant accepting a less satisfactory fence type, and the location of the site, part within and part adjacent to Ellesmere Park, that extra regard should be had to the special character of the area and the need to protect it from proposals such as this. I consider that the development is contrary to the requirements of the Adopted Supplementary Planning Document relating to Ellesmere Park and Policies DES1 and DES10 of the Adopted Unitary Development Plan. CONCLUSION I consider that the proposed fence type would constitute a hostile feature and would engender a fortress-like atmosphere contrary to the provisions of Policy DES10 of the 4 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Adopted Unitary Development Plan. The development would be out of place in the local area and would compromise the special character of Ellesmere Park contrary to the requirements of Policy DES1 of the Adopted Unitary Development Plan and the Adopted Supplementary Planning Document relating to Ellesmere Park. RECOMMENDATION: Approve Subject to the following Conditions 1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. Standard Condition D05C Colour treatment, colour not known 3. This permission shall relate to the amended plan received on 22nd May 2007 which shows amended fenceline and vertical railings. (Reasons) 1. Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. Standard Reason R004B Amenity - area 3. For the avoidance of doubt. APPLICATION No: 07/54444/OUT APPLICANT: Countryside Properties UK Limited 5 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 LOCATION: Land Bounded By Fenney Street/Hilton Street/Upper Camp Street And Great Clowes Street Salford 7 PROPOSAL: Outline planning application (to include means of access) for use of land for residential purposes (Site U) WARD: Broughton DESCRIPTION OF SITE AND PROPOSAL This application relates to a 0.73 hectare site within Lower Broughton. The site is bounded by Fenney Street to the north, Great Clowes Street to the west and Upper Camp Street to the south. The eastern boundary of the site comprises of Hilton Street and Lancashire Motor Bodies, an accident repair specialist. The site has a slight gradient and as a consequence there is a retaining wall along the site boundary with Great Clowes Street and Upper Camp Street. Security fencing has been erected along the boundaries of the site and the parts of the site, which are outside the security fencing, have been landscaped with oriental planting. The application site forms part of the Lower Broughton regeneration area, which comprises approximately 74 hectares. The applicants, Countryside Properties, have formed a development partnership with the Council and have developed an agreement, which establishes a framework under which the redevelopment of the wider Lower Broughton area will be planned, phased and implemented. Land to the south, on the west side of Great Clowes Street, phase one of the redevelopment is under construction. The application is for outline planning permission for residential development with all matters except access reserved for subsequent consideration/approval. This application is therefore considering the principle only. An indicative site layout plan and elevation of the frontage have been submitted with the application. The application has also been supported by a number of documents including Air Quality Impact Assessment, Noise Assessment, Archaeological Desk Based Study, Transport Statement, Japanese Knotweed Survey, Desk-Based Site Investigation and GEO-Environmental Assessment and Outline Remedial Action Plan. There is another application on the agenda for the adjacent land at the Junction of Great Clowes Street and Camp Street. The application is for outline permission with all matters except access reserved for subsequent consideration/approval. SITE HISTORY E14362 – Use of vacant land as a car storage compound, including erection of security fencing and alteration to existing vehicular access– Approved 17th February 1983 6 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 E16944 – Construction of car compound and erection of boundary fencing together with associated landscaping and alteration to existing and construction of new vehicular access – Approved 18th July 1984 E24568 – Demolition of two houses and use of land for car storage together with erection of security fencing – Approved 21st June 1989 E30043 – Erection of railings to act as additional security fencing - Approved 17th March 1993 CONSULTATIONS Environment Agency – Recommend that any removal of Japanese knotweed should be in accordance with 'Knotweed code of practice' guidance document (EA, 2006). Strategic Director of Environmental Services – recommends a number of conditions relating to contamination, and noise mitigation measures. Architectural Liaison Officer - has requested that a condition be attached to the permission requiring that the developer meets Secure By Design standards on this development. United Utilities - No objection to the proposal Greater Manchester Archaeological Unit – There is some potential archaeology at this site relating to Romano-British settlement. It is intended to undertake archaeological trial trenching in former garden areas to test for the presence of archaeological remains. If significant remains are found then this is likely to lead to a further stage of archaeological mitigation in the form of a detailed excavation. Nick Finch of Scott Wilson has produced a Written Scheme of Investigation for the archaeological evaluation which GMAU are satisfied with the works which will last for two weeks on site commencing Tuesday 29th May. Central Salford Urban Regeneration Company –support the application G M Passenger Transport Executive – no comments to make PUBLICITY A site notice was displayed on the 6th April 2007 A press notice was published on the 12th April 2007 The following neighbour addresses were notified: 16, 18, 20, 22 Upper Camp Street Dover Inn, 15-17 Fenney Street 7, 9, 22, 24, 26, 28, 32 Pentlands Avenue 7 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 31, 33, 35 Hilton Street BOHM, 271 –291 Bury New Road 208 - 210 Great Clowes Street 59, 60, 61, 62, 63, 64, 65 Camponia Gardens Lancashire Motor Bodies, Upper Camp Street North Western Commericals, Upper Camp Street Lancashire Motor Bodies, Hilton Street REPRESENTATIONS There has been one letter of objection in relation to this proposal. The objector recognises that the site does need to be redeveloped. The objector considers that the erection of a multi-story building would not be in the best interest of properties on Hilton Street as it would have an unacceptable impact on privacy and would not complement the existing two storey residential properties along Hilton Street. REGIONAL SPATIAL STRATEGY Site specific policies: None Other Policies: SD1 The North West Metropolitan Area – Regional Poles and Surrounding Areas UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: ST11 - Location of New Development DES1 – Respecting Context DES2 – Circulation and Movement DES7 – Amenity of Users and Neighbours DES9 - Landscaping DES10 – Design and Crime DES11 – Design Statements H1 – Provision of New Housing Development H4 – Affordable Housing H8 – Open Space Provision associated with New Housing A2 - Cyclist, Pedestrian and the Disabled A8 - Impact of Development on the Highway Network A10 – Provision of car, cycle and motorcycle parking in new developments R1 –Protection of Recreational Land and Facilities CH2 – Development affecting the Setting of a Listed Building CH5 – Archaeology and Ancient Monuments E5 – Development within Established Employment Areas SUPPLEMENTARY PLANNING DOCUMENTS 8 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The application site is within the area covered by the Lower Broughton Design Code Adopted 18th January 2006 (SPD) which contains policies that will particularly inform the development of detailed layouts and designs. These policies includeLBDC 1: Design statements LBDC 2: Character of the area LBDC 5: Archaeology LBDC 11: Housing Other Supplementary Planning Documents, which are of relevance to the determination of this application, include Design Out Crime, Greenspace Strategy, Planning Obligations and Supplementary Planning Housing Guidance. PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of the proposed use is acceptable; whether the housing mix is acceptable; whether there would be an impact on the amenity of neighbouring residents; whether there would be an impact on the highway network or highway safety; whether there would be an appropriate contribution towards public open space and affordable housing; and whether the proposal would comply with the relevant policies of the Adopted Unitary Development Plan. I shall deal with each in turn below. PRINCIPLE OF THE PROPOSAL Policy SD1 of Regional Spatial Strategy states that priority should be given to investment and development that will enhance the economic strength, complementarily of roles, overall quality of life, environmental enhancement and social regeneration within the regional poles and their surrounding inner areas. 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. Policy E5 of the Adopted Unitary Development states that within established employment areas, planning permission will be granted for the reuse or redevelopment of sites within an established employment area for non employment uses where the development would not comprise the operating condition of other remaining employment uses and one or more of the following apply: 9 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 a) the developer can clearly demonstrate that there is no current or likely future demand for the site or building for employment purposes b) there is a strong environmental case for rationalizing land uses or creating open space c) the development would contribute to the implementation of an approved regeneration strategy or plan for the area; or d) the site is allocated for another use in the UDP The site, although not formally allocated as a specific employment site within the UDP is considered to form part of a wider established employment area that extends towards Bury New Road. As such the application should be assessed against Policy E5 which seeks to protect such areas. The applicants have submitted a supporting text in the Planning Statement. The text submitted is supported by the Strategic Director of Environment Services and adequately addresses the first criterion of policy E5 and suggests that the siting of development would not compromise surrounding employment uses. The supporting text further states that the proposal would also meet criterion c, of the list, as the development would contribute to the implementation of an approved regeneration strategy. The application site is located within the area covered by the Lower Broughton Design Code. The regeneration strategy for Lower Broughton covers a 74 hectare site and will provide housing, open space, local amenities in order to support a sustainable community. A conscious decision was taken to include this site within the development area and this can be explained by its location at a prominent road junction. It is considered that the development of this site would make an important contribution to the enhancement of Lower Broughton in accordance with the SPD. I consider that the proposal would contribute to the implementation of the Lower Broughton Design Code and regeneration of Lower Broughton. The proposal would comply with Policy E5 and therefore the principal of the development is considered acceptable. HOUSING MIX Policy H1 states that new housing development should, inter alia, contribute to the provision of a balanced mix of dwellings within the local area and be built at an appropriate density of not less than 30 dwellings per hectare. In determining whether the proposed mix and density of dwellings is acceptable, regard will be had to a number of factors, including the size of the development, the physical characteristics of the site, the mix of dwellings in the surrounding area, any special character of the surrounding area that is worthy of protection, the accessibility of the site, the strategy and proposals of the Housing Market Renewal Initiative, and any other relevant housing, planning or regeneration strategies approved by the council. Policy HOU1 of the Supplementary Planning Guidance expands on policy H1 and states that within Central Salford new developments should provide a broad mix of dwelling 10 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 types and that apartments should only be the predominant form of provision on sites in the most accessible locations. Alternative approaches on individual sites may be permitted where it can be clearly demonstrated that there are specific circumstances that justify this which have particular regard to criteria A-H of UDP Policy H1. Policy LBDC 11 also states that residential development should contribute to the provision of a balanced mix and range of property types within Lower Broughton that, among other criteria, creates an attractive location, meets the needs of existing residents, provides family housing of different sizes and underpins economic regeneration. Each character area should incorporate a range of property types and tenures. Policy HOU2 states requires a significant proportion of three bedroom apartments should provided within a development, whilst paragraph 4.31 of the reasoned justification to this policy states that the majority of apartments should be a minimum of 57sq/m. The indicative layout plans show how the site could accommodate 107 units in three apartment blocks, with a density of 147 dwellings per hectare. The applicants have indicated that at least 50% of the units will have a floor area greater than 57sq/m in size. The supporting documents state that the site would be developed entirely for apartments and this could be justified in accessibility terms as the transport assessment suggests that the site is ‘highly accessible, by public transport’. Whilst public transport accessibility maybe a factor which could justify the higher proportion of apartments in the housing mix, it is considered that, although served by a good bus route, the site is not adjacent to the Metrolink or railway stations. Therefore 100% apartments provision is difficult to justify purely in accessibility terms. The applicants have provided further supportive text in order to justify the scheme for 100% apartments. They believe that apartments are required to the west of the site to fully address the corner and this important junction into the redevelopment area. They believe that this could not be achieved in the form of housing. The east of the site is located adjacent to an established industrial use (Lancashire Motor Bodies). Technical surveys have demonstrated that a satisfactory level of residential amenity can be achieved in the form of apartments; the same would not be true of family dwellings due to presence of private gardens. The restrictions of both design and environmental considerations are felt to outweigh the need to provide a mix of housing. Therefore a 100% apartments scheme is acceptable on this site. AFFORDABLE HOUSING Policy H4 states that where there is a lack of affordable housing to meet local needs the developer will be required through negotiation to provide an element of affordable housing. 11 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Policy HOU3 states that 20% of the dwelling on residential sites over 1 hectare 25 units should be in the form of affordable housing. In this instance the applicants are proposing a commuted sum, rather than providing affordable units on site. This has been agreed in principle following pre-application discussions. However there have been discussions concerning the amount of commuted sum. It is recommended that the formula should be derived using the formula. Total commuted sum = 0.05 x total no of dwellings x average market price of dwelling. Further discussions are to be held with colleagues in housing to establish the average market price and how the money could be spent in the local area or how it could be used to fund a shared equality scheme. I have therefore attached a condition, which will require the applicants to submit a scheme in accordance with H4. I am therefore satisfied that the application accords with the above policies. DESIGN AND LAYOUT 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 DES2 requires the design and layout of new development to maximise the movement of pedestrians through and around sites and enable safe, direct and convenient access to public transport facilities. Policy LBDC 2 states that the design of new development should respond to the emerging character of the “character area” within which it is located, as identified in the SPD, and should contribute to the character of Lower Broughton as a whole. Policy DES10 states that the Council will encourage the increased safety and security of people and their property through the design of new developments. Issues raised regarding the lack of defensible space on the Liverpool Road frontage received from the Greater Manchester Police Authority can be dealt with at the reserved matters stage. 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. Policy LBDC1 states that for all major developments within the Lower Broughton Area should be accompanied with a design statement which specifically identifies and address design issues. 12 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 In accordance with Policy DES11 and LBDC1, the applicant has submitted a design statement which outlines the design principles of the development and provides an explanation for the site’s layout and how this relates to the wider area. The support text illustrates the how the proposed development of the site has evolved through pre-application discussions. Design and layout are not matters for consideration as part of this application as they are reserved for future determination. The applicant has submitted indicative layout plans to demonstrate how they can achieve a successful residential scheme on the site. I consider that it is important to discuss them when assessing this application. The indicative plans proposals illustrate three individual apartment blocks. The biggest block would be on the junction of Upper Camp Street and Great Clowes Street and would turn to address Fenney Street. The second block would front Upper Camp Street and the third block would front Fenney Street. The proposed blocks would be a maximum of 13.5m in height (5 stories) and a minimum of 10.8m (4 stories). The applicant has demonstrated an indicative layout to show how the site could accommodate the level of development proposed in a satisfactory manner. The applicant has stated that the precise ridges height could only be established on confirmation of finished floor levels. As this may change due as a result of the technical build the applicant has requested that the finished floor levels are conditioned for later approval and must accompany any future approval of the reserved matters. An apartment scheme would not have a negative impact in terms of re establishing a character for the area. The apartments on the corner would address this important junction. The site consists of three entrances to parking across the site. In terms of Urban Design this response should be welcomed as it is able to break up the parking courts that are a by-product of apartment schemes. The smaller parking allows better security and an increased sense of ownership amongst users. It is considered that a satisfactory disposition and interrelationship to existing properties could be achieved. I have attached a condition requiring the submission of separate design statements with applications for reserved matters, which will be expected to accord with the requirements of the Lower Broughton Design Code SPD. I am satisfied that this condition will ensure that the design statements contain the relevant information, properly explain the rationale for the design and, most importantly, ensure that the design is of a suitably high quality. The indicative plans show that perimeter blocks have a close relationship to public realm and create a high level of natural surveillance to both the public and private spaces which would be in accordance with Policy DES10 of the Adopted Unitary Development Plan and the principles contained within the Supplementary Planning Document: Design Out Crime. The Architectural Liaison Officer has requested that a condition be attached to the permission requiring that the developer to meet Secure By Design standards on this development. 13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 RESIDENTIAL 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. Adopted Policy DES9 states that landscaping should be of a high quality, reflect the character of the area and the development, not detract from safety and security and form an integral part of the development. The plans that have been submitted are indicative. The blocks shown on the indicative drawings would maintain suitable distances within the site and to existing properties to ensure that the privacy is maintained and that the proposal would not have an overbearing impact on neighbouring residents. The proposed elevation of the largest block, which is located on Fenney Street would be 19m from the gable elevation of the listed building on Great Clowes Street. The listed building is currently vacant but there are windows in the elevation facing the application site. Therefore this distance is below the Council’s separation standards. The applicant has noted that in any subsequent reserved matters application the internal layout of these units could be reviewed in order that non-habitable rooms windows would be in this elevation. I am therefore satisfied that the proposal would not have an unacceptable impact on future occupants on the listed building. In light of the above, I do not consider that the proposed development would have an unacceptable detrimental impact on the amenity of existing or future residents and that the application therefore complies with Policy DES7. Landscaping will form part of the reserve matters application. I am satisfied that this will ensure that the landscaping meets the criteria of Adopted Policy DES9. HERITAGE Policy CH5 states that planning permission will not be granted for development that would have an unacceptable impact on an ancient monument, or site or feature of archaeological importance or its setting. LBDC5 states that developers will be required to record, protect and where appropriate excavate archaeological features in accordance with national and local policies. 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. 208 and 210 Great Clowes Street are a Grade II listed buildings, designed to read as one. They date from circa 1840. The building is raised up onto slightly higher ground above road level. It is three stories with a pitched slate roof. The building currently enjoys a highly prominent position being surrounded by derelict land. However the derelict land 14 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 itself distracts from the appearance and therefore does not provide an adequate setting for such a building. An analysis of the historic setting shows that the Listed Building was once surrounded by developments with a similar footprint to those proposed. The site mirrors the historic form of development. Obviously the scale of the proposed development and materials etc. are reserved but will have an impact on the listed building and so the conservation officers for Salford City Council will require further consultation as the plans develop. However the indicative proposal does look reasonable and will successfully reintegrate the listed building into the street scene. Greater Manchester Archaeological Unit have identified that there is some potential archaeology at this site relating to Romano-British settlement, as it lies between a 'camp' to the east, shown on the OS 1st edition map, and Roman finds from parkland to the west. It is intended to undertake archaeological trial trenching in former garden areas to test for the presence of archaeological remains. If significant remains are found then this is likely to lead to a further stage of archaeological mitigation in the form of a detailed excavation. Nick Finch of Scott Wilson has produced a Written Scheme of Investigation for the archaeological evaluation which GMAU are satisfied. I have attached a condition that no development should commence on site until the applicant has secured the implementation of a programme of archaeological work in accordance with the written investigation which has been submitted to the local planning authority. IMPACT ON THE HIGHWAY NETWORK AND HIGHWAY SAFETY Policy A1 states that planning applications for developments which would give rise to significant transport implications will not be permitted unless they are accompanied by a transport assessment and, where appropriate, a travel plan. Policy A2 requires development proposals to make adequate provision for safe and convenient access by the disabled, pedestrians and cyclists through the protection and improvement of key routes. Adopted Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. The application seeks to approve the to the site. The application proposes three new vehicular accesses to the site into three separate car parking areas. The proposed new accesses would be off Upper Camp Street, Fenney Street and Hilton Street. A Transport Assessment has been submitted with the application. This has concluded that the proposed site is highly accessible and that the proposed development will not have an unacceptable detrimental impact on the highway network. Furthermore the means of 15 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 access into the site is considered to comply with the relevant standards and guidance for residential development. The indicative site plans show that there would be three car parking areas and providing 100 to 108 car parking spaces. In light of the Council’s maximum car parking standards and the need to encourage the use of more sustainable modes of transport, I am also of the opinion that suitable provision can be made within the site for disabled drivers and cyclists. A number of conditions and notes to applicant have been recommended, in order to ensure that visibility splays are correct and the proposed new access will not have an unacceptable impact on the highway safety. I am therefore satisfied that the proposal would be in accordance with A1 of the Adopted Unitary Development Plan. IMPACT ON THE ENVIRONMENT Air Quality and Noise Policy EN17 states that development proposal that would be likely to cause or contribute towards a significant increase in pollution to air or noise will not be permitted unless they include mitigation measures commensurate with the scale and impact of the development. Both sites are located in the Air Quality Management Area (AQMA) for nitrogen dioxide. Examination of the detail modelling for the area indicates levels to in the site are at 36 µg/m3 in 2005 falling to 31 µg/m3 in 2010 and therefore below that Air Quality objectives set in the Air Quality Regulations. The air quality has been predicted at number of locations (receptors) at the facades of both plots that are likely to experience the largest changes or greatest exposure to pollution. The approach used is suitable for the scale and type of development. The results from this data are summarised below: SW reports slight lower values for nitrogen dioxide and similar concentrations for particulates when compared to modelling by Salford undertaken in 2003. Annual mean levels of particulates and nitrogen dioxide will not exceed the Air Quality Objectives in 2010 The development will not lead to any significant changes in AQ by the additional traffic. The Director of Environmental Services therefore has no objections to the planning application on the grounds of air quality. The noise report submitted with the application outlines various noise sources, including; construction noise and vibration, road traffic noise and noise from Lancashire Motor Bodies. 16 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The noise assessment has predicted and measured the likely Noise Exposure Category (NEC) that the site lies within. None of the site lies within NEC D, which is where development should not be allowed. The faēade of block B, facing Upper Camp Street, lies within NEC C and the remainder of the site lies within NEC B and A. Noise mitigation measures have been proposed in order to ensure that future occupants enjoy a satisfactory level of amenity and I have included as a suggested condition. The site is located adjacent to Lancashire Motor Bodies and in close proximity to an extraction fan. The noise report refers to fan noise being audible at monitoring position M1, which is closest to the extractor fan on the rear wall of Lancashire Motor Bodies. The report does state that there are no tonal frequencies of concern. I have therefore recommended those elevations overlooking this section of Lancashire Motor Bodies and Manchester Auto Salvage, have upgraded sound insulation of the windows. The report has concluded that estimates of noise levels during construction work do not exceed LAeq(1hour) 70dB, however they show that there will be a moderate adverse impact with mitigation measures. The Director of Environmental Services recommends on this basis that a considerate contractor’s scheme should be considered for this site. The scale of the developments in the area are significant and will be over a significant period of time. The resilience of neighbouring sites against noise and disturbance will be reduced if construction activities are not controlled from the outset. I therefore recommend a considerate contractors scheme should be introduced, covering noise, dust, operating hours, delivery times as a minimum. The proposed new apartment blocks will need piling, however no details are provided of the type of piling which is proposed. In terms of vibration impacts the likelihood of building damage is negligible, however there is a moderate adverse impact of nuisance from vibration. This area of work can also be conditioned to limit the impact on local residents. Contamination Policy EN 16 states that development on sites known or thought to be contaminated will require the submission of a site assessment as part of any planning application, identifying the nature and extent of the contamination involved, the risk it poses to future users/occupiers of the site, and the practical remedial measures proposed to deal with the contamination. Planning permission for development on or near to contaminated land will only be granted where the development would not, expose the occupiers of the development and neighbouring land uses to unacceptable risk; threaten the structural integrity of any existing or proposed building on or adjoining the site; lead to the contamination of any watercourse, water body, or aquifer; or cause the contamination of adjoining land or allow such contamination to continue. Applicants submitted a Desk-Based Site Investigation and GEO-Environmental Assessment and Outline Remedial Action Plan with the application. The contaminated 17 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 land report has been assessed by GMGU and has raised several areas where further information is required and/or additional assessment is needed. It is therefore recommended that the full contaminated land condition should be applied to the site, the existing report submitted with the application will be accepted as part compliance with the condition, however, the outstanding issues can be assessed as and when they are complete and can be discharged as progress with compliance continues. DEVELOPERS CONTRIBUTION Policy H8 and Planning Obligations Supplementary Planning Document requires developers to make an appropriate contribution to The provision of open space Improvements to the city’s public realm, heritage and infrastructure The training of local residents in construction skills The offsetting of greenhouse gas emissions The contribution will apply to developments involving 10 dwelling or more. In this proposal although number of dwellings have not be specified, the indicative plans show 107 units therefore it is reasonable to assume that development will be above the threshold. The contributions are calculated on either numbers of dwellings or bedspaces. As the number of dwellings or bed spaces created as a result of the proposal is not known at this stage, as only indicative plans have been submitted, it is not possible to calculate the level of contribution. I have therefore attached a condition, which will require the applicants to provide a scheme in accordance with the Planning Obligations SPD. I am therefore satisfied that the application accords with the above policies. CONCLUSION In conclusion, I consider that the principle of the redevelopment of the site for residential purpose is acceptable and the indicative layouts produced clearly demonstrate that the number of apartments can be achieved on site. I am of the opinion that the proposal complies with the relevant policies of the Adopted Unitary Development Plan 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 B01B reserved matters time limit 2. No development shall be started until full details of the following reserved matters have 18 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 been submitted to and approved by the Local Planning Authority: a) appearance, including details of the aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, material, decoration, lighting, colour and texture; b) landscaping, including details of the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out or provisions of gardens, courts or squares, water features, sculpture, or public art, and the provision of other amenity features; c) layout, including details of the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development; d) scale, including details of the height, width and length of each building proposed within the development in relation to its surroundings. 3. Prior to the commencement of the development hereby approved, samples and details of the materials for the external elevations of the development 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. 4. Upon approval of the landscaping details, pursuant to Condition 2 of this permission, the new planting shall be carried out during the planting season October/March inclusive, (in accordance with the appropriate British Standards for ground preparation, staking etc in BS4428:1989 (1979)) immediately following commencement of the development. Any plants found damaged, dead or dying in the first five years are to be duly replaced and the scheme thereafter retained. 5. Any application for the approval of reserved matters for the development hereby approved shall be accompanied by a design statement, which shall be approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall be undertaken in accordance with the approved statement. 6. No part of the development shall be first occupied unless and until its associated car, cycle and motorcycle parking provision has been completed and made available for use. Such disabled, cycle and motorcycle spaces shall be retained and kept available for use thereafter. 19 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 7. No development shall be started until full details of the location, design and construction of bin stores have been submitted to and approved in writing by the Local Planning Authority. Such approved bin stores shall thereafter be constructed and made available for use before the development is brought into use. 8. Any application for the approval of reserved matters shall be accompanied by details of the provision of recycling facilities. Such details shall be approved in writing by the Local Planning Authority prior to the commencement of development. Such provision shall be made available prior to the first occupation. 9. Any application for the approval of reserved matters for the development hereby approved shall be accompanied with details of the existing and proposed floor levels for the development, which shall be approved in writing by the Local Planning Authority prior to the commencement of the development. The scheme shall be constructed and completed in accordance with the approved details. 10. Any application for the approval of reserved matters for the development hereby approved shall be accompanied by secure by design scheme, which shall be approved in writing by the Local Planning Authority. Such scheme shall be capable of being accredited by Greater Manchester Police Architectural Liaison Unit under the secure by design scheme. The approved scheme shall be implemented in full prior to the first occupation of any dwelling and retained thereafter unless otherwise agreed in writing by the Local Planning Authority. 11. Prior to the commencement of development details of carriageway markings at all the car park entrances / exits and externally illuminated highway signing (Camp Street access) shall be submitted to and approved in writing by the Local Planning Authority. The approved markings and signing shall be implemented in full prior to first occupation of any of the dwellings hereby approved. 12. Prior to the commencement of the development, the developer shall: a) 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 the wider environment; and b) Where necessary, submit a site investigation report to assess the risks to controlled waters for the approval of the LPA and in consultation with the Environment Agency. This report should also address points c.), d.) and e.) stated below and must be agreed in consultation with The Environment Agency. c) 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 20 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 within the approved report shall be implemented by the developer prior to occupation of the site. d) If, during any works on site, contamination is suspected or found, or contamination is caused, the Local Planning Authority shall be notified immediately. Where required, a suitable risk assessment shall be carried out and/or any remedial action shall be carried out in accordance to an agreed process and within agreed timescales in agreement with the Local Planning Authority. e) 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. 13. Prior to the commencement of development a close boarded solid wooden fence with a minimum surface density of 15 kg/m2 2-3m height to be erected along the North West boundary of the site it shall be retained as such for the duration of the construction activities. 14. No piling shall be permitted on site until a scheme indicating how the amenity of neighbouring residential properties will be protected against the effects of noise and vibration has been submitted to and approved in writing by the Local Planning Authority. Mitigation measures shall be clearly identified and once approved, shall be implemented throughout all piling operations. 15. Prior to the commencement of the development hereby approved, a ventilation scheme to minimise the need to open windows for ventilation purposes on facades identified as PPG 24 Category C shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall indicate alternative ventilation measures to minimise the impact of the amenity of future occupiers through road traffic noise. Unless agreed otherwise in writing by the Local Planning Authority, all approved ventilation measures shall be implemented prior to first occupation. 16. Prior to first occupation glazing shall be installed on facades in accordance with the Scott Wilson Report reference Lower Broughton Redevelopment Noise Assessment Site U, Planning Application, dated February 2007 and shall be implemented prior to first occupation and thereafter retained in accordance with the approved details. 17. No development authorised by this permission shall take place unless and until the local planning authority has received and approved in writing a site operating statement that shall include of details noise, dust, route that will be taken by construction traffic and no development or activities related or incidental thereto shall take place on the site in contravention of such site operating statement. 18. No development shall take place within the proposal area until the applicant has secured the implementation of a programme of archaeological work in accordance the 21 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Archaeological Desk Based Study, March 2007 which has been submitted by the applicant and approved by the Local Planning Authority. 19. No development approved by this permission shall commence unless a scheme to provide off-site Affordable Housing in lieu of it being provided on site to accord with the terms of Policy H4 of the Adopted Unitary Development Plan and a scheme in accordance with the requirements of the Planning Obligations Supplementary Planning Document are submitted to and agreed in writing by the Local Planning Authority. (Reasons) 1. Standard Reason R002 Reserved Matters 2. Standard Reason R002 Reserved Matters 3. Standard Reason R004B Amenity - area 4. Reason: To safeguard the amenity of the area in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 5. Reason: To ensure that future applications accord with the provisions of policies DES13 and DES9 of the Adopted Unitary Development Plan and policy 1 of the Salford City Council Supplementary Planning Document, Lower Broughton Design Code. 6. Standard Reason R012B Parking only within curtilage 7. Standard Reason R004B Amenity - area 8. In accordance with Policy EN22 of the City of Salford Unitary Development Plan. 9. To ensure that the development is subject to minimum risk of flooding in accordance with policy EN19 of the City of Salford Unitary Development Plan. 10. To ensure the design of the scheme discourages crime in accordance with Policy DES10 of the City of Salford Unitary Development Plan. 11. Standard Reason R026B Interests of highway safety 12. Standard Reason R024B Amenity of future residents 13. Standard Reason R005B Amenity - neighbours 14. Standard Reason R005B Amenity - neighbours 22 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 15. Standard Reason R024B Amenity of future residents 16. Standard Reason R024B Amenity of future residents 17. Standard Reason R005B Amenity - neighbours 18. Reason: In order to protect features of archaeological importance, in accordance with Policy CH5 of the Unitary Development Plan. 19. Reason: In order to ensure adequate affordable housing provision and financial contributions, in accordance with Policies H4 of the Unitary Development Plan and the Planning Obligations Supplementary Planning Document. Note(s) for Applicant 1. The drawing GM-139-PL01 is indicative and this permission does not relate to them and does not imply permission would be forthcoming. 2. Any Japanese Knotweed eradication refers to the newly amended 'Knotweed code of practice' guidance document (EA, 2006) which can be found on our website (www.environment-agency.gov.uk) 3. All existing vehicular accesses to the site which are not required for the new development are to be made up to footways to the agreed Highway Authority Specification. Sightline splays of 4.5m x 70m are to be provided at the new vehicular access points onto Upper Camp Street and Fenny Street. Minimum sightline splays of 2.4 x 70 m is to be provided at the new car park access to Hilton Street. The first two car parking spaces nearest to the access off Hilton Street are to be removed as they are encroaching onto the radii. Minimum access widths of 4.5 metres and 6.0 metre radii are to be provided at all the car park entrances / exits. Sightline splay to the left of 4.5 x 90m to be provided at the Fenny Street / Great Clowes Street junction. 23 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 APPLICATION No: 07/54445/OUT APPLICANT: Countryside Properties UK Limited LOCATION: Land At The Junction Of Great Clowes Street And Camp Street Lower Broughton Salford PROPOSAL: Outline planning application (including means of access) for use of land for residential purposes (Site T) WARD: Broughton DESCRIPTION OF SITE AND PROPOSAL This application relates to a 0.22 hectare site within Lower Broughton. The site is bounded by Camp Street to the south, Great Clowes Street to the east, a Public Right of Way to the west and Back Camp Street to the north. Albert Park is situated beyond Back Camp Street, which is a designated as a proposed district park. To the west beyond the PROW are residential properties Camponia Gardens. The site is currently vacant and in a poor condition. There is a billboard on the eastern boundary, which can be viewed along Great Clowes Street when travelling from the north. The application site forms part of the Lower Broughton regeneration area, which comprises approximately 74 hectares. The applicants, Countryside Properties, have formed a development partnership with the council and have developed an agreement, which establishes a framework under which the redevelopment of the wider Lower Broughton area will be planned, phased and implemented. Land to the south, on the west side of Great Clowes Street, phase one of the redevelopment is under construction. The application is for outline planning permission for residential development with all matters except access reserved for subsequent consideration/approval. This application is therefore considering the principle only. An indicative site layout plan and elevation of the frontage have been submitted with the application to illustrate that 29 units can be accommodated within the site. The application includes a number of supporting documents including Air Quality Impact Assessment, Noise Assessment, Archaeological Desk Based Study, Transport Statement, Japanese Knotweed Survey, Desk-Based Site Investigation and GEO-Environmental Assessment and Outline Remedial Action Plan. There is another application on the agenda for the adjacent land bounded by Fenney Street/Hilton Street/Upper Camp Street and Great Clowes Street. The application is for 24 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 outline permission with consideration/approval. all matters except access reserved for subsequent SITE HISTORY E5664 – Erection of porch and internal alterations to provide function room – Approved 15th February 1978 E11168 - Rebuilding of front porch, change of use of ground floor of residential hotel to public bar and restaurant and provision of new residential bar in basement and laying out of car park – Approved 19th August 1981 E16656 – Erection of new public house with managers living accommodation, together with associated landscaping, car parking and construction of vehicular and pedestrian accesses – Refused 21st March 1984 E19619 – Erection of eight houses and two bungalows together with associated landscaping, car parking and construction of a new vehicular access – Approved 16th April 1986 E26339 – Outline permission for the erection of eight houses and two bungalows Approved 19th September 1990 96/35961/OUT – Outline permission for the erection of a residential development – Approved 16th April 1997 CONSULTATIONS Environment Agency - Recommend that any removal of Japanese knotweed should be in accordance with 'Knotweed code of practice' guidance document (EA, 2006). Strategic Director of Environmental Services – recommend a number of conditions Architectural Liaison Officer - has requested that a condition be attached to the permission requiring that the developer to meet Secure By Design standards on this development. United Utilities – no objection to the proposal Greater Manchester Archaeological Unit – no more archaeological work is recommended Central Salford Urban Regeneration Company– support the application G M Passenger Transport Executive - no comments to make PUBLICITY The following neighbour addresses were notified: 208 - 210 Great Clowes Street 25 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 Camponia Gardens REPRESENTATIONS No responses have been received in response to this application. REGIONAL SPATIAL STRATEGY Site specific policies: None Other Policies: SD1 The North West Metropolitan Area – Regional Poles and Surrounding Areas UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: ST11 - Location of New Development DES1 – Respecting Context DES2 – Circulation and Movement DES7 – Amenity of Users and Neighbours DES9 - Landscaping DES10 – Design and Crime DES11 – Design Statements H1 – Provision of New Housing Development H4 – Affordable Housing H8 – Open Space Provision associated with New Housing A2 - Cyclist, Pedestrian and the Disabled A8 - Impact of Development on the Highway Network A10 – Provision of car, cycle and motorcycle parking in new developments R1 –Protection of Recreational Land and Facilities CH5 – Archaeology and Ancient Monuments SUPPLEMENTARY PLANNING DOCUMENT The application site is within the boundary of The Salford City Council Supplementary Planning Document, Lower Broughton Design Code Adopted 18th January 2006 (SPD) provides contains policies that will particularly inform the development of detailed layouts and designs: LBDC 1: Design statements LBDC 2: Character of the area LBDC 5: Archaeology LBDC 11: Housing 26 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Other Supplementary Planning Documents, which are of relevance to the determination of this application, include Design Out Crime, Greenspace Strategy, Planning Obligations and Supplementary Planning Housing Guidance. PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of the proposed use is acceptable; whether the housing mix is acceptable and the contribution to affordable housing; whether there would be an impact on the amenity of neighbouring residents; whether there would be an impact on the highway network or highway safety; whether there would be an appropriate contribution towards public open space; and whether the proposal would comply with the relevant policies of the Adopted Unitary Development Plan. I shall deal with each in turn below. PRINCIPLE OF THE PROPOSAL Policy SD1 of Regional Spatial Strategy states that priority should be given to investment and development that will enhance the economic strength, complementarily of roles, overall quality of life, environmental enhancement and social regeneration within the regional poles and their surrounding inner areas. 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. Policy R1 states that the development of existing recreation land or facilities for residential use will not be permitted unless; the development is for formal or informal recreational purposes that would contribute to the continued recreation use of the site or it can be clearly demonstrated that the site is surplus to recreational requirements or the development is ancillary to principal use of the site. The site is identified in the Greenspace Strategy (SPD) as a ‘greenspace’ site and is considered to have some recreational use. Therefore the principles in policy R1 must be applied to demonstrate that the site is surplus to recreation requirements. The existing condition of the site is poor albeit that PPG17, Sport and Recreation, confirms that the condition of a site should not lead to the assumption that it is surplus to recreation requirements. The site is located adjacent to Albert Park – an existing LEAP, NEAP, neighbourhood park and proposed district park and local semi-natural greenspace. The site is also located within the catchment of Kersal Dale an existing semi-natural greenspace. Currently Broughton and Blackfriars only meet 20-29% of the NPFA standard for Youth 27 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 and Adult Facilities. However it is expected that most of these facilities would be located within existing recreational sites. It can be concluded therefore that this site is not required to meet any of the above standards set by the Greenspace SPD. The site currently has limited recreational value and at most provides an informal footpath link across the site. Therefore it is considered that the development of this site would not have an unacceptable impact on the recreational requirements across the city. The site is located on Great Clowes Street, which is in Central Salford and has good public transport links via buses into Manchester City Centre. The area is subject to a joint venture regeneration project therefore the site would be well relates to housing, employment, services and infrastructure. Thus development of this site would be located within a sustainable location in accordance with policy ST11 of the Adopted Unitary Development Plan. The proposal would also conform to the Lower Broughton Design Code Supplementary Planning Document which identifies this major junction as a gateway into the area. I therefore consider the development of this site to have a positive impact on the surrounding area and would support the overall aim of the regeneration project. It is concluded that the principle of developing this site is acceptable and would be in accordance with policies ST11 and R1 of the Adopted Unitary Development Plan, the Greenspace Strategy SPD and the Lower Broughton Design Code. HOUSING MIX Policy H1 states that new housing development should, inter alia, contribute to the provision of a balanced mix of dwellings within the local area and be built at an appropriate density of not less than 30 dwellings per hectare. In determining whether the proposed mix and density of dwellings is acceptable, regard will be had to a number of factors, including the size of the development, the physical characteristics of the site, the mix of dwellings in the surrounding area, any special character of the surrounding area that is worthy of protection, the accessibility of the site, the strategy and proposals of the Housing Market Renewal Initiative, and any other relevant housing, planning or regeneration strategies approved by the council. Policy HOU1 of the Supplementary Planning Guidance expands on policy H1 and states that within Central Salford new developments should provide a broad mix of dwelling types and that apartments should only be the predominant form of provision on sites in the most accessible locations. Alternative approaches on individual sites may be permitted where it can be clearly demonstrated that there are specific circumstances that justify this, which have particular regard to criteria A-H of UDP Policy H1. Policy LBDC 11 also states that residential development should contribute to the provision of a balanced mix and range of property types within Lower Broughton that, among other criteria, creates an attractive location, meets the needs of existing residents, provides 28 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 family housing of different sizes and underpins economic regeneration. Each character area should incorporate a range of property types and tenures. Policy HOU2 states requires a significant proportion of three bedroom apartments should provided within a development, whilst paragraph 4.31 of the reasoned justification to this policy states that the majority of apartments should be a minimum of 57sq/m. The indicative layout plans show how the site could accommodate 29 units in a single block, with a density of 127 dwellings per hectare. The applicants have indicated that at least 50% of the units will have a floor area greater than 57sq/m in size. There is a presumption in the supporting documents that the site would be developed entirely for apartments and this could be justified in accessibility terms as the transport assessment suggests that the site is ‘highly accessible by public transport’. Whilst public transport accessibility maybe a factor which could justify the higher proportion of apartments in the housing mix, I consider due to the location of application site that it is difficult to justify this in purely accessibility terms as the reasoned justification of the Housing Planning Guidance Section 4.14 specifically states that highly accessible sites are those close to Metrolink or train stations. This application site would not meet this criterion. However the proposal for apartments in this location whilst departing from the general approach of policy HOU1 can be justified in design terms having regard to the Lower Broughton Design Code. The site is located in a prominent location at an important road junction. It is therefore considered that the design requirements, which enable a development to fully address the junction, outweighs the need to provide a mix of housing. Therefore a 100% apartments scheme is acceptable on this site. AFFORDABLE HOUSING Policy H4 states that where there is a lack of affordable housing to meet local needs the developer will be required through negotiation to provide an element of affordable housing. Policy HOU3 states that 20% of the dwelling on residential sites over 1 hectare or 25 units should be in the form of affordable housing. In this instance the applicants are proposing a commuted sum, rather than providing affordable units on site. This has been agreed in principle following pre-application discussions. However there have been discussions concerning the amount of commuted sum. It is recommended that the formula should be derived using the formula Total commuted sum = 0.05 x total no of dwellings x average market price of dwelling. 29 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Further discussions are to be held with colleagues in housing to establish the average market price and how the money could be spent in the local area or how it could be used to fund a shared equality scheme. I have therefore attached a condition, which will require the applicants to submit a scheme in accordance with H4. I am therefore satisfied that the application accords with the above policies. DESIGN AND LAYOUT 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 DES2 requires the design and layout of new development to maximise the movement of pedestrians through and around sites and enable safe, direct and convenient access to public transport facilities. Policy LBDC 2 states that the design of new development should respond to the emerging character of the “character area” within which it is located, as identified in the SPD, and should contribute to the character of Lower Broughton as a whole. Policy DES10 states the Councils encouragement of increased safety and security of people and their property through the design of new developments. Policy DES11 requires applicants for major developments to demonstrate that the proposal takes account of the need for good design. A written statement should accompany an appliaction 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. Policy LBDC1 states that for all major developments within the Lower Broughton Area should be accompanied with a design statement which specifically identifies and address design issues. In accordance with Policy DES11, LBDC1 and LBDC2, the applicant has submitted a design statement which outlines the design principles of the development and provides an explanation for the site’s layout and how this relates to the wider area. The supporting text illustrates the how the proposed development of the site has evolved through pre application discussions. Design and layout are not matters for consideration as part of this application as they are reserved for future determination. The applicant has submitted indicative layout plans to demonstrate how they can achieve a successful residential scheme on the site. I consider that it is important to discuss them when assessing this application. 30 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The indicative plans illustrate a ‘U’ shaped building which fronts Camp Street and Great Clowes Street and the northern elevation would turn to provide an active frontage to Albert Park. Car parking and amenity space would be located to the rear of the proposed block. The proposed block would be a maximum of 13.5m in height (5 stories) and a minimum of 10.8m (4 stories). The applicant has demonstrated an indicative layout to show how the site could accommodate the level of development proposed in a satisfactory manner. The applicant has stated that the precise ridges height could only be established on confirmation of finished floor levels. As this may change due as a result of the technical build the applicant has requested that the finished floor levels are conditioned for later approval and must accompany any future approval of the reserved matters. The application is in outline form and so there are no design details yet to consider. The proposal’s siting fronting the corner is completely acceptable for the area. There is no reason to believe that a scheme cannot be devised that would not be detrimental to the form and character of the area. It is considered that a satisfactory disposition and interrelationship to existing properties could be achieved. I have attached a condition requiring the submission of separate design statement with the application for reserved matters, which will be expected to accord with the requirements of the Lower Broughton Design Code SPD. I am satisfied that this condition will ensure that the design statements contain the relevant information, to properly explain the rationale for the design and, most importantly, ensure that the design is of a suitably high quality. The indicative plans show that the perimeter block clearly differentiates between public and private spaces. The private space within the site would be secured by a gated access. The design would create a high level of natural surveillance to both the public and private spaces which would be in accordance with Policy DES10 of the Adopted Unitary Development Plan and the principles within the Supplementary Planning Document: Design Out Crime. The Architectural Liaison Officer has requested that a condition be attached to the permission requiring that the developer to meet Secure By Design standards on this development. RESIDENTIAL 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. Adopted Policy DES9 states that landscaping should be of a high quality, reflect the character of the area and the development, not detract from safety and security and form an integral part of the development. At this stage there are no details of the development. The plans that have been submitted are indicative. The rear elevation of the apartment block would be 37m from the rear elevation of the properties on Camponia Gardens and the gable elevation of the block would along Camp Street would be 19m and offset from 65 Camponia Gardens. 31 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 In light of the above, I do not consider that the proposed development would have an unacceptable detrimental impact on the amenity of existing or future residents and that the application therefore complies with Policy DES7. Landscaping will form part of the reserve matters application. I am satisfied that this will ensure that the landscaping meets the criteria of Adopted Policy DES9. HERITAGE Policy CH5 states that planning permission will not be granted for development that would have an unacceptable impact on an ancient monument, or site or feature of archaeological importance or its setting. LBDC5 states that developers will be required to record, protect and where appropriate excavate archaeological features in accordance with national and local policies. The applicants has submitted an archaeological desk-based study with this application this was conducted to assess the archaeological and historical significance of the site. The study has indicated that there is low potential for archaeological remains to be encountered within the area of the application site. The study concludes that no archaeological works are recommended due to the low potential for archaeological remains occur. GMAU agree that no further archaeological work is recommended. IMPACT ON THE HIGHWAY NETWORK AND HIGHWAY SAFETY Policy A1 requires planning applications for developments which would give rise to significant transport implications will not be permitted unless they are accompanied by a transport assessment and, where appropriate, a travel plan. Policy A2 requires development proposals to make adequate provision for safe and convenient access by the disabled, pedestrians and cyclists through the protection and improvement of key routes. Adopted Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. The application seeks to approve access as part of the application. The proposed new vehicular access will be taken off Camp Street, which is close to the signalised junction of Camp Street and Great Clowes Street 32 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 A Transport Assessment has been submitted with the application. This has concluded that the proposed site is highly accessible and that the proposed development will not have an unacceptable detrimental impact on the highway network. Further more the means of access into the site is considered to comply with the relevant standards and guidance for residential development. The indicative site plans show that there would be a total of 29 car parking spaces which would be located to the rear of the building. In light of the Council’s maximum car parking standards and the need to encourage the use of more sustainable modes of transport. I am also of the opinion that suitable provision can be made within the site for disabled drivers and cyclists. A number of conditions and notes to applicant have been recommended, in order to ensure that visibility splays are correct and the proposed new access will not have an unacceptable impact on the highway safety. I am therefore satisfied that the proposal would be in accordance with A1 of the Adopted Unitary Development Plan. IMPACT ON THE ENVIRONMENT Air Quality and Noise Policy EN17 states that development proposal that would be likely to cause or contribute towards a significant increase in pollution to air or noise will not be permitted unless they include mitigation measures commensurate with the scale and impact of the development. Both sites are located in the Air Quality Management Area (AQMA) for nitrogen dioxide. Examination of the detail modelling for the area indicates levels to in the site are at 36 µg/m3 in 2005 falling to 31 µg/m3 in 2010 and therefore below that Air Quality objectives set in the Air Quality Regulations. The air quality has been predicted at number of location (receptors) at the facades of both plots, which are likely to experience the largest changes or greatest exposure to pollution. The approach used is suitable for the scale and type of development. The results from this data are summarised below: SW reports slight lower values for nitrogen dioxide and similar concentrations for particulates when compared to modelling by Salford undertaken in 2003. Annual mean levels of particulates and nitrogen dioxide will not exceed the Air Quality Objectives in 2010 The development will not lead to any significant changes in AQ by the additional traffic. The Director of Environmental Services therefore has no objections to the planning application on the grounds of air quality. 33 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The noise report outlines various noise sources, including; construction noise and vibration and road traffic noise. The site has been categorised into PPG24 Categories B & C. The frontages onto the major roads being Category C, the more shielded areas to the rear of the site being Category B. The report further identifies glazing specifications for the specific PPG categories. This level of protection will satisfy the requirements of BS8233:1999 providing that the windows are closed. Background ventilation is targeted via the use of acoustic trickle vents with a sound reduction index at least matching the glazing on each facade. The report submitted by the applicant indicates that the preferred method of ventilation at night is natural ventilation. It suggests that supplementary mechanical ventilation may be an option if necessary utilising the existing kitchen and bathroom fans to boost night-time ventilation. The Director of Environmental Services suggests that this is considered on the noisiest facades of the building to provide a viable option to opening the windows. A condition relating to this has been recommended. The report also considers noise from construction activities on site. It proposes that acoustic barriers and selection of silenced equipment along with considerate management of the activities on site should minimise the impact. The Director of Environmental Services recommends on this basis that a considerate contractor’s scheme should be considered for this site. The scale of the developments in the area are significant and will be over a significant period of time. The resilience of neighbouring sites against noise and disturbance will be reduced if construction activities are not controlled from the outset. I therefore recommend a considerate contractors scheme should be introduced, covering noise, dust, operating hours, delivery times as a minimum. The scheme also indicates piling of foundations may be necessary on site. The report indicates that standard methods have been considered and assessed with a conclusion of ‘moderate adverse impacts’ are likely at certain properties at Camponia Gardens. Should this be the case, it is recommended that alternative methods of piling be considered to minimise the impact on the amenity of local residents. Contamination Policy EN 16 states that development on sites known or thought to be contaminated will require the submission of a site assessment as part of any planning application, identifying the nature and extent of the contamination involved, the risk it poses to future users/occupiers of the site, and the practical remedial measures proposed to deal with the contamination. Planning permission for development on or near to contaminated land will only be granted where the development would not, expose the occupiers of the development and neighbouring land uses to unacceptable risk; threaten the structural integrity of any existing or proposed building on or adjoining the site; lead to the contamination of any watercourse, water body, or aquifer; or cause the contamination of adjoining land or allow such contamination to continue. 34 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Applicants submitted a Desk-Based Site Investigation and GEO-Environmental Assessment and Outline Remedial Action Plan with the application. The contaminated land report has been assessed by GMGU and has raised several areas where further information is required and/or additional assessment is needed. It is therefore recommended that the full contaminated land condition should be applied to the site, the existing report submitted with the application will be accepted as part compliance with the condition, however, the outstanding issues can be assessed as and when they are complete and can be discharged as progress with compliance continues. DEVELOPERS CONTRIBUTION Policy H8 and Planning Obligations Supplementary Planning Document requires developers to make an appropriate contribution to 1. The provision of open space 2. Improvements to the city’s public realm, heritage and infrastructure 3. The training of local residents in construction skills 4. The offsetting of greenhouse gas emissions The contribution will apply to developments involving 10 dwelling or more. In this proposal although number of dwellings have not be specified, the indicative plans show 29 units therefore it is reasonable to assume that development will be above the threshold. The contributions are calculated on either numbers of dwellings or bedspaces. As the number of dwellings or bed spaces created as a result of the proposal is not known at this stage, as only indicative plans have been submitted, it is not possible to calculate the level of contribution. I have therefore attached a condition, which will require the applicants to provide a scheme in accordance with the Planning Obligations SPD. I am therefore satisfied that the application accords with the above policies. CONCLUSION In conclusion, I consider that the principle of the redevelopment of the site for residential purpose is acceptable and the indicative layouts produced clearly demonstrate that the number of apartments can be achieved on site. I am of the opinion that the proposal complies with the relevant policies of the Adopted Unitary Development Plan 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 B01B reserved matters time limit 35 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 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: a) appearance, including details of the aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, material, decoration, lighting, colour and texture; b) landscaping, including details of the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out or provisions of gardens, courts or squares, water features, sculpture, or public art, and the provision of other amenity features; c) layout, including details of the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development; d) scale, including details of the height, width and length of each building proposed within the development in relation to its surroundings. 3. Prior to the commencement of the development hereby approved, samples and details of the materials for the external elevations of the development 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. 4. Upon approval of the landscaping details, pursuant to Condition 2 of this permission, the new planting shall be carried out during the planting season October/March inclusive, (in accordance with the appropriate British Standards for ground preparation, staking etc in BS4428:1989 (1979)) immediately following commencement of the development. Any plants found damaged, dead or dying in the first five years are to be duly replaced and the scheme thereafter retained. 5. Any application for the approval of reserved matters for the development hereby approved shall be accompanied by a design statement, which shall be approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall be undertaken in accordance with the approved statement. 6. No part of the development shall be first occupied unless and until its associated car, cycle and motorcycle parking provision has been completed and made available for use. Such disabled, cycle and motorcycle spaces shall be retained and kept available for 36 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 use thereafter. 7. No development shall be started until full details of the location, design and construction of bin stores have been submitted to and approved in writing by the Local Planning Authority. Such approved bin stores shall thereafter be constructed and made available for use before the development is brought into use. 8. Any application for the approval of reserved matters shall be accompanied by details of the provision of recycling facilities. Such details shall be approved in writing by the Local Planning Authority prior to the commencement of development. Such provision shall be made available prior to the first occupation. 9. Any application for the approval of reserved matters for the development hereby approved shall be accompanied with details of the existing and proposed floor levels for the development, which shall be approved in writing by the Local Planning Authority prior to the commencement of the development. The scheme shall be constructed and completed in accordance with the approved details. 10. Any application for the approval of reserved matters for the development hereby approved shall be accompanied by secure by design scheme, which shall be approved in writing by the Local Planning Authority. Such scheme shall be capable of being accredited by Greater Manchester Police Architectural Liaison Unit under the secure by design scheme. The approved scheme shall be implemented in full prior to the first occupation of any dwelling and retained thereafter unless otherwise agreed in writing by the Local Planning Authority. 11. Prior to the commencement of development details of the carriageway marking are to be amended on the approach to the traffic signal lights on Camp Street and in front of the new access to the development shall be submitted to and approved in writing by the Local Planning Authority. The approved markings and signing shall be implemented in full prior to first occupation of any of the dwellings hereby approved. 12. Prior to the commencement of the development, the developer shall: a) 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 the wider environment; and b) Where necessary, submit a site investigation report to assess the risks to controlled waters for the approval of the LPA and in consultation with the Environment Agency. This report should also address points c.), d.) and e.) stated below and must be agreed in consultation with The Environment Agency. 37 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 c) 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. d) If, during any works on site, contamination is suspected or found, or contamination is caused, the Local Planning Authority shall be notified immediately. Where required, a suitable risk assessment shall be carried out and/or any remedial action shall be carried out in accordance to an agreed process and within agreed timescales in agreement with the Local Planning Authority. e) 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. 13. No development authorised by this permission shall take place unless and until the local planning authority has received and approved in writing a site operating statement that shall include of details noise, dust, route that will be taken by construction traffic and no development or activities related or incidental thereto shall take place on the site in contravention of such site operating statement. 14. No piling shall be permitted on site until a scheme indicating how the amenity of neighbouring residential properties will be protected against the effects of noise and vibration has been submitted to and approved in writing by the Local Planning Authority. Mitigation measures shall be clearly identified and once approved, shall be implemented throughout all piling operations. 15. Prior to the commencement of the development hereby approved, a ventilation scheme to minimise the need to open windows for ventilation purposes on facades identified as PPG 24 Category C shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall indicate alternative ventilation measures to minimise the impact of the amenity of future occupiers through road traffic noise. Unless agreed otherwise in writing by the Local Planning Authority, all approved ventilation measures shall be implemented prior to first occupation. 16. Prior to first occupation glazing shall be installed on facades in accordance with the Scott Wilson Report reference Lower Broughton Redevelopment Noise Assessment Site T, Planning Application, dated February 2007 and shall be implemented prior to first occupation and thereafter retained in accordance with the approved details. 17. No development approved by this permission shall commence unless a scheme to provide off-site Affordable Housing in lieu of it being provided on site to accord with the terms of Policy H4 of the Adopted Unitary Development Plan and a scheme in accordance with the requirements of the Planning Obligations Supplementary Planning Document are submitted to and agreed in writing by the Local Planning Authority. 38 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 (Reasons) 1. Standard Reason R002 Reserved Matters 2. Standard Reason R002 Reserved Matters 3. Standard Reason R004B Amenity - area 4. Reason: To safeguard the amenity of the area in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 5. Reason: To ensure that future applications accord with the provisions of policies DES1 of the Adopted Unitary Development Plan and policy 1 of the Salford City Council Supplementary Planning Document, Lower Broughton Design Code. 6. Standard Reason R012B Parking only within curtilage 7. Standard Reason R004B Amenity - area 7. Standard Reason R004B Amenity - area 8. In accordance with Policy EN22 of the City of Salford Unitary Development Plan. 9. To ensure that the development is subject to minimum risk of flooding in accordance with policy EN19 of the City of Salford Unitary Development Plan. 10. In the interest of design and crime in accordance with Policy DES10 of the City of Salford Unitary Development Plan. 11. Standard Reason R026B Interests of highway safety 12. Standard Reason R024B Amenity of future residents 13. Standard Reason R005B Amenity - neighbours 14. Standard Reason R005B Amenity - neighbours 15. Standard Reason R024B Amenity of future residents 16. Standard Reason R024B Amenity of future residents 17. Reason: In order to ensure adequate affordable housing provision and financial contributions, in accordance with Policies H4 of the Unitary Development Plan and 39 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 the Planning Obligations Supplementary Planning Document. Note(s) for Applicant 1. The drawing GM-138-PL01 is indicative and this permission does not relate to them and does not imply permission would be forthcoming. 2. Any Japanese Knotweed eradication refers to the newly amended 'Knotweed code of practice' guidance document (EA, 2006) which can be found on our website (www.environment-agency.gov.uk) 3. All existing vehicular accesses to the site which are not required for the new development are to be made up to footways to the agreed Highway Authority Specification. Sightline splays at the new access are to be a minimum of 4.5 x 70m. APPLICATION No: 07/54512/OUT APPLICANT: Innfield Ltd LOCATION: Buildings On Gardner Street, Formally 2 Police Street And Adjacent Former Bank At 83 Broad Street Salford 6 PROPOSAL: Outline planning application (to include layout, scale, external appearance and access) for the erection of a part 12/part 10 storey building comprising of basement carparking, 169 sq metres of retail use and 127 units of student accomodation. WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL This application relates to a site bounded by Gardner Street to the north and beyond that a carparking area for Pendleton House, 2 storey residential properties to the east, Broad Street and beyond that the A6 to the south and a carpark serving Pendleton House to the west. Two buildings exist on the site at present, a 3 storey red brick building on the northern part of the site and a 2 storey flat roof building on the southern part of the site. The red brick building was previously owned and used by Salford City Council as office accommodation and the 2 storey element was previously a bank. 40 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The application seeks outline-planning consent for the layout, scale, external appearance and access of a part 12/ part 10 storey building, to include basement carparking with 7 spaces, 169 sq m of retail use and 127 units of student accommodation, of which 9 would be specifically designed for disabled students. The proposed building is roughly rectangular in shape with the 12 storey element facing Broad Street and the 10 storey element facing Gardner Street. SITE HISTORY None relevant CONSULTATIONS Director of Environmental Services – Concerns regarding the sites location within an AQMA poor internal ventilation and lack of a noise survey. Manchester Airport – no comments received to date Salford Urban Regeneration Company – Support the principle of developing high quality accommodation, but do not consider the site to be an appropriate location for a development of this scale or nature. Specific concerns are related to the lack of amenity space around the building, the impact on the residential properties and St Thomas’s Church and the amenity of future users. United Utilities – Initially an objection regarding the building over main sewers, however this has since been resolved. New Deal for Communities Charlestown and Kersal – No comments received to date Greater Manchester Architectural Liaison Unit – No comments received to date Greater Manchester Passenger Transport Executive PUBLICITY A site notice was displayed on 24th April 2007 and 25th May 2007 A press notice was displayed in the Advertiser 19th April 2007 The following neighbour addresses were notified: 1-34 Gardner Street 66-72 Broad Street 1-11 Higham View Pendleton House 41 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Church of St Thomas The Unicorn, 10 Broughton Road REPRESENTATIONS I have received 2 petitions and 11 individual letters in relation of the site. The first of the petitions contained 106 signatures and came via Hazel Blears MP, the second petition contained a further 30 signatures. Although objecting to the application no specific reasons were given for objection. The grounds of objection for the 11 individual letters were as follows: Land could be better used Impact on the listed building The accuracy of the submitted wind survey Increase in noise Increase in traffic Lack of existing parking provision Increase in crime Loss of sunlight Loss of privacy Problems during construction Lack of demand for student accommodation Design of the building TV reception interference Opening hours of retail use Lack of consultation with local residents Restriction of disabled access to Pendleton house REGIONAL SPATIAL STRATEGY Site specific policies: None Other policies: DP1: Economy in the use of land and building is required DP3: Quality in New Development EC8: Town Centres – Retail, Leisure and Office Development UR4: Setting Targets for the Recycling of Land and Buildings ER3: Built Heritage UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies ST1: Sustainable Urban Neighbourhoods ST7: Mixed Use Development ST8: Environmental Quality ST11: Location of New Development 42 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 E5: Development within established employment areas DEV6: Incremental Development H7: Provision of Student Accommodation ST9: Retail, Leisure, Social and Community Provision S2: Retail and Leisure Development Outside Town Centres and Neighbourhood Centres ST14: Global Environment EN16: Contaminated Land EN17: Pollution Control EN22: Resource Conservation DES1: Respecting Context DES2: Circulation and Movement DES5: Tall Buildings DES7: Amenity of Users and Neighbours DES10: Design and Crime EN23: Environmental Improvement Corridors CH2: Development Affecting the Setting of a Listed Building CH8: Local List of Buildings, Structures and Features of Architectural, Archaeological or Historic Interest A1: Transport Assessments and Travel Plans A2: Cyclists, Pedestrians and the Disabled A10: Provision of Car, Cycle and Motorcycle Parking in New Developments DEV5: Planning Obligations There are a number of Supplementary Planning Documents and Planning Guidance which are also relevant to the development of the site. These include Design and Crime SPD, Planning Obligations SPD and Housing Planning Guidance, all of which have been subject to public consultation. The Planning Guidance is non-statutory and therefore is not included within the Council’s Local Development Framework, although it is set within the context of the UDP and emerging LDF. PLANNING APPRAISAL It is considered that the main planning issues relating to this application are the principle of redeveloping the land for student accommodation, the impact of the proposed development on the street scene an the nearby listed buildings, the impact of the proposed development on the amenity of the nearby residents, the design of the proposed building, the level of parking provision for the proposed building and the accessibility of the site. Principle Policy UR4 of the RSS requires the redevelopment and re-use of vacant sites and buildings within the urban areas to be a priority. 43 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Policy ST11 states that sites for development should be brought forward in the following order, the reuse and conversion of existing buildings, previously-developed land in locations that are well served by a choice of means of transport and well related to housing, employment, services and infrastructure, previously developed land in other locations and finally undeveloped land well served by a choice of means of transport. It is considered that the proposed development falls within the second category of land that is previously developed land in locations that are well served by public transport, it is therefore considered that the redevelopment of this land is appropriate in principle. Policy E5 states that planning permission will only be granted for the redevelopment of sites within an established employment area where the development would not compromise the operating conditions of other remaining employment uses and one the developer can demonstrate that there is no current or likely future demand for the site, there is a strong environmental case for rationalising the land, the development would contribute to an approved regeneration strategy or plan for the area or the site is allocated for another use within the UDP. Although the proposed development involves the loss of employment land it is not considered that the site falls within the criteria of policy E5 as it is not in an area with 5 or more adjacent business units, the site is less than 0.5ha and the existing building is less than 5000sqm. Policy DEV6 states that within or immediately adjacent to an area identified for major development, planning permission will not be granted for incremental development that would unacceptably hamper or reduce the development options for that wider area. The application is situated within the Charlestown and Lower Kersal New Deal for Communities area. Within the Area Development Framework (July 2004) the junction of Broughton Road and the roundabout are identified as being a key gateway to the area. The proposed development site is separated from this junction by a carpark currently used by the staff at Pendleton House. Although I am not aware of any plans to redevelop this carpark, it is considered that as the carpark is a key gateway site the proposed development should not hamper or reduce future redevelopment options. In order to minimise the impact that the proposed building would have on the redevelopment of the carpark it is proposed to prevent direct outward looking from the windows of the accommodation, instead views out of the window will be limited by opaque glass situated within the second skin of the building, thus limiting any potential impact for direct overlooking of the site. It is therefore considered that the redevelopment of this site could be achieved without prejudicing the future redevelopment of the carpark site. Student Accommodation Policy H7 relates to the provision of student accommodation and states that permission will only be granted for the provision of student accommodation where the following criteria 44 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 are met: there is a proven need for development, the development is in a location with good links to public transport, there would be no unacceptable impact on the amenity of the occupiers of neighbouring developments, the use would not have an impact on the character of the area; and the proposal is compatible with wider regeneration objectives and is consistent with other policies of the UDP. Policy HOU7 of the adopted Housing Planning Guidance expands further and states that major applications for student housing should be accompanied by an assessment for the need for student housing in the local area, and such assessment should identify the likely level of demand for student housing over the next 10 years, the existing number and location of student housing units, the sector of the student market at which the proposed development is targeted, any potential ‘leakage’ of demand to student housing outside the city, any impact on the local housing market and the adaptability of the proposed development for other uses. An objection has been received by a local resident in regards to the appropriateness of student accommodation in the area and the need for student accommodation. Comments received by the Urban Regeneration Company raise concerns regarding the nature and scale of accommodation on the site. Concerns have also been raised regarding how this development contributes to the vision of a ‘green’ campus and whether the location is likely to be a vibrant location for students given its close location to a residential area. The applicant has submitted the following information in support of policies H7 and HOU7: The large student population of Salford and Manchester is such that both universities can only offer accommodation to first year students. There are over 100,000 students within the universities of Salford, Manchester Metropolitan University and Manchester University. The applicants have stated that the amount of publicly available information relating to extant planning permissions is limited. Of the extant permissions considered the following conclusions were made: 06/52770/FUL an application for the erection of a part four/ part five storey building comprising of 379 student bedrooms on Peel Park Campus. The applicant has stated that they are not aware whether this has been built as yet. 05/51736/FUL an application for the conversion of the former BT telephone exchange on Pendleton Way. The applicant has stated that since the decision notice does not state the number of uses this application may not be of use. 03/46609/FUL an application for the erection of 240 student units at Riverside House. The applicant makes not comment on this application aside from the fact that the application is located further from the universities than the proposed development and there are less carparking spaces than the proposed development. 45 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Although it is acknowledged that it is difficult to obtain information relating to extant permissions, it is considered that little research has been undertaken by the applicant to try and understand the local student housing market and it is not considered sufficient to say that there are more than 100,000 students within Greater Manchester. Given the sites close proximity to the universities and its accessibility by public transport it is considered that the principle of student accommodation in this area may be acceptable, however insufficient information has been submitted to demonstrate how the proposed 127 units would affect the student housing market in the area, or to demonstrate the need or demand for such development in accordance with policies H7 and HOU7. Retail Policy ST9 states that the provision of retail facilities will be secured by protecting the vitality and viability of existing town centres, adopting a sequential approach to the location of new retail development and facilitating enhanced education, health and community provision that meets local needs. Policy S2 states that outside town and neighbourhood centres planning permission will be granted for retail development where all of the following criteria are met; it can be demonstrated that there is the need for development, it can be demonstrated that there are no more appropriate sites for the development, there would be no unacceptable impact on the vitality and viability of any town or neighbourhood centre, the site is accessible by public transport, the development would give rise to unacceptable levels of traffic, the development would be of an appropriate scale, the development would be of a high quality of design and the development would not have an unacceptable impact on environmental quality or residential amenity. Although the retail element is located out of a town centre, it is intended to primarily serve the student accommodation above and the local residential area. I am satisfied that the proposed retail element would serve local needs and would not have an adverse impact on the vitality or viability of Salford Shopping Precinct. Given that the proposed development would primarily serve local needs I am satisfied that the retail element would not give rise to an unacceptable level of traffic. No details have been provided as to what type of retail use is proposed within the development although the information provided indicates this is for an A1 use. The proposed hours of use for the retail unit are 9-5 Monday-Saturday and 10-4 on Sundays. It is considered that the proposed hours of use for the retail unit are acceptable. Environment Policy ST12 requires major development to minimise its impact on the global environment by demonstrating how proposals will minimise greenhouse gas emissions. 46 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Policy EN16 requires development proposals on sites known or thought to be contaminated to require the submission of a site assessment as part of any planning application. Policy EN17 requires development proposals that would be likely to cause or contribute to a significant increase in pollution will not be permitted unless they are accompanied by appropriate mitigation measures. Policy EN22 states that development proposals for more than 5000 sq m of floorspace to only be permitted where it can be demonstrated that the impact on the conservation of non-renewable resources on the local and global environments has been minimised as far as practicable and full consideration has been given to the use of realistic renewable energy options, and such measures have been incorporated into the development where practicable. The design of the proposed building incorporates twin-face faēade designed to utilise solar heat gain, increased daylight and moderation of temperature differences. It is considered that if this application is approved a conditions be attached requesting full details of a sustainability scheme for the site and building to be submitted to and approved in writing by the local planning authority together with details of recycling facilities. Design Policy DP3 of the RSS states that new development must demonstrate good design quality and respect for its setting. Policy DES1 states that development will be required to respond to its physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness. It states that in assessing the extent to which the development complies with this policy regard will be had to the impact to the existing landscape and any notable features, the character, scale and pattern of streets, the relationship to existing buildings, the impact on views and vistas, the scale of the proposed development, existing building lines, the streets vertical and horizontal rhythms, the quality of materials and compatibility with adjoining land uses. Policy DES5 states that tall buildings will be permitted where the scale of development is appropriate to its context and location, it is highly accessible by public transport, the building would positively relate to the adjacent public realm, the building would be of a high design quality, would make a positive contribution to the skyline, would not detract from important views, there would be no unacceptable overshadowing or overlooking to adjacent neighbouring occupiers, no unacceptable impact on the setting of a listed building, and there would be no unacceptable impact on microclimate, telecommunications activity or aviation safety. Policy EN23 states that development along any of the Cities major road corridors will be required to preserve or make a positive contribution to the corridors environment. In 47 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 determining the extent to which the development would achieve this regard will be had to the quality of design and landscaping including elevation treatment and impact on views, the extent to which the proposal would assist the implementation of corridor implementation strategies, the impact on the public realm, the contribution towards air quality improvement and accessibility, the impact on historic features and the extent to which wildlife habitats are protected and improved. In order to establish whether the design of the development is acceptable it is important to consider the context of the site. The site is situated in an elevated position on the northern side of the A6; on the southern side of this road the land drops away and gives rise to some large residential tower blocks. The northern side of the A6 is characterised by low rise residential buildings, punctuated by larger historic buildings including St Thomas’s Church and the former Coop building on Broughton Road. The northern part of the site is situated on an extended ridgeline, which is particularly important when considering the effects of the development on the setting of St Thomas’s Church and the former Co-op that are important landmarks in the skyline. The application is accompanied with a design statement, which outlines the principles of how the proposed building has been designed to respond to its local context and its role as a landmark building within Salford. The design statement identifies several nearby building which it considers to be contextually relevant to the proposed development, these include the university of Salford buildings that are 11 storeys in height, the student accommodation on the corner of Fredrick Road and Seaford Road, the residential towers in Pendleton, St James House a 9 storey building on the opposite side of the A6 and the recently approved Ford Lane Scheme, located close to St Thomas Church. Although the design statement has identified several tall buildings nearby the site, it has failed to address or justify how the proposed building interacts with its immediate surroundings, most notably the 2 storey residential dwellings on Gardner Street. It is considered that the juxtaposition of the proposed building to the surrounding housing and nearby Listed Buildings is not a positive response to the context of the area. PPS 1 states that design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions should not be accepted. It is considered that the proposed building makes minimal attempt to fit into the context of the site and its surroundings. The concept of the design is that the panes of glass to be used within the building are to represent Alistair Cooke’s ‘Letters from America’ and has been designed to echo the stained glass present in the windows of St Thomas’s Church. The core principle behind By Design guidance to PPS 1 is to respect the character of an area. Whilst using contrasting heights, styles and materials is an established technique for creating viability and activity in an area it should not be used to the detriment of local 48 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 character and should especially not recreate previous mistakes where tower blocks appear isolated and detached from an established area. An important consideration for policy DES1 and DES5 is the impact of the proposed development on established views and vistas. Currently within this area St Thomas’s Church is clearly the dominant building on the skyline and can be seen for a wider area around Pendleton and Charlestown. The proposed development would undoubtly dominate the street scene when approaching from any of the nearby radial routes and would significantly reduce the prominence of St Thomas’s Church and other nearby listed buildings. It is considered that the design and scale of the proposed buildings would have an unacceptable impact on the visual amenity of the area and therefore is contrary to the aims of policies DP3, DES1, DES5 and EN23. The ground floor level of the proposed building is to be located 1.5m above ground level, no details have been provided as to the treatment of this elevation at street level. It is considered that the proposed retail unit would not provide an active frontage in the area and therefore would not contribute to the street scene at street level. Historic Environment Policy ER3 of the RSS requires planning authorities to identify, protect, conserve and where appropriate, enhance the built heritage of the region. Policy CH2 states that planning permission will not be granted for development that would have an unacceptable impact on the setting of a listed building. Policy CH8 states that the impact of a development of any building on the Council’s local list will be a material planning consideration. The listed buildings within the immediate vicinity of the site represent the historic link to the former vibrant local community that was centred on the shops and commercial properties that fronted Broad Street. The existing building is the former police station for the area. The former Co-op buildings (Grade II listed) was one of the main providers of foods and services as well as a important local employer, the former Maypole Public House (Grade II listed) was built to complement the service provided by the two nearby railway stations located on Broughton Road. The former Brunswick Wesleyan School and St Thomas’s Church (both Grade II listed) were the local educational and religious centres of the community. As well as their listed status these buildings are still very important to the local community and therefore new development in the area should seek to complement and preserve its historical background and should not dominate them. In addition to the above mentioned listed buildings there are several locally listed buildings within the area including the Cooperative building workplace in Mona Street and the 49 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Former Railway public house. The former Co-op’s water tower and the church tower are prominent in the skyline and any new developments will also have to ensure a sensitive relationship with the vertical elements of the Listed Buildings. Due to differing ground levels and the distance away from the listed buildings, the tall buildings of Pendleton do not interrupt or distract from views of these prominent landmarks. It is considered that the introduction of such a large scale development in a prominent location will considerably detract from the settings of both the nearby listed building and locally listed buildings and therefore is contrary to the aims of policies ER3, CH2 and CH8. Amenity Policy DES 7 states all new development will be required to have regard to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. It states that development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments. The proposed building would be 12 storeys in height fronting onto Broad Street, reducing to 10 storeys in height on Gardner Street. As mentioned previously there are 2 storey dwellings located to the east of the site. The distance between the proposed building and the existing dwelling houses would be 4.6m to the 12 storey element and 5m to the 10 storey element at the closest points. The relationship between the existing building and dwelling house is 4.6m to the 2 storey element and 1.5m to the 3 storey building. Although the existing building undoubtedly dominates the gardens of the properties on Gardner Street an increase in height from 2 storeys to 12 storeys (6.35m – 40m) is considered to be unacceptable and would be overly dominant to the detriment of the residential properties on Gardner Street. In support of the proposed application the applicant provided a wind assessment and a sunlight/shadowing assessment. The wind assessment states that the building has been designed in such away as to minimise the impact of down drafts or unstable wind areas within the area. It concludes that the tower will simply divert wind and airflow around so that it may continue as normal. The wind assessment has been produced by a computer programme called Ecotect. Although visual diagrams have been provided to illustrate wind paths and the frequency of prevailing winds, no references have been made to where the wind data has come from. The wind assessments include directional arrows that are shaded as red high and yellow low, however no data has been provided to identify the potential wind speeds at ground level. Since no quantifiable data has been provided in regards to this wind assessment it is not considered that this can be afforded much weight in assessing the wind speeds at ground level. 50 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The sunlight/ shadowing survey provides assessments for the hours of 10am, 12pm and 3pm for all April, July and October. Additional surveys for the hours of 8am and 5pm were requested to enable the full impact of overshadowing to be assessed especially for the months of spring and winter when the shadow’s are at their longest, although it is acknowledged that the hours of daylight are shorter at this time of the year. The applicant provided no further assessments as it was considered that the shadows at other times of the year are of an infinite length and therefore give a false perspective. The existing building obviously produces an element of overshadowing at present, however the submitted assessments show the properties at 1-9 Gardner Street in considerable shade in the afternoons for all three months. Although no diagrams have been provided to show the impact of shading in the early evening, the diagrams indicate that the properties at 2-18 Gardner Street would be considerably overshadowed. It is considered that the amount of overshadowing provided by this development would unacceptably hamper the living conditions of the nearby residents. It is worth noting that the existing building also results in a element of overshadowing to the existing residential properties, however the proposed building would considerably exacerbate the problem to an unacceptable level. As mentioned previously the windows of the proposed development have been designed in such away as to prevent direct overlooking from the windows of the habitable rooms within the proposed development. Although diagrams have been provided to demonstrate how the second skin of the building will prevent overlooking when stood directly facing the window by the installation of opaque glass on the outer layer, it does not prevent direct overlooking when stood at an angle. Policy DES7 also requires a suitable level of amenity for future users of the development and it is considered that given habitable rooms would have limited outlook due to the opaque glass and the level of natural light is not known then the proposed window arrangement is likely to result in reduced living conditions for the future users. Although requested, no noise assessment has been provided to accompany this application. The Director of Environmental Services has raised concerns regarding the acoustic protection of the site and considers that as the twin-faēade approach is a novel design then an acoustic assessment in necessary in order to be able to fully assess the development. It is also considered that an acoustic assessment may in itself require some redesign of the system to protect against the high ambient noise levels found in this location. The Director of Environmental Services has raised concerns regarding the ambient air quality at the proposed development site, which is located within a declared air quality management area for Nitrogen Oxides. Of particular concern is the ventilation system to be used which draws air from ground level through the development to all levels, as the ground level air is poor quality and therefore all apartments would be supplied with poor quality air to the detriment of future users. Accessibility 51 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Policy DES2 states that the design and layout of new development will be required to ensure the development is fully accessible, maximise the movement of pedestrians and cyclists, enable safe, direct and convenient access to public transport facilities and other local amenities and minimise potential conflicts between pedestrians, cyclists and other road users. Policy A1 states that planning applications for developments likely to give rise to significant transport implications will not be permitted unless they are accompanied by a transport assessment and where appropriate a travel plan. Policy DES2 states that development proposals are required to make adequate provision for safe and convenient access by the disabled, other people with limited or impaired mobility, pedestrians and cyclists. Policy A10 states that new developments are required to make appropriate provision for disabled drivers, cyclists and motorcyclists in accordance with the minimum standards set out in the UDP, not exceed the maximum car parking standards set out in appendix C of the UDP and provide the parking facilities in a manner consistent with the provision and maintenance of adequate standards of safety and security. The proposed development provides the provision of 7 carparking spaces one of which is to be for disabled parking. The parking is for use by both the retail and student accommodation element of the development. The applicant has stated that the low level of carparking provision is due to the sites good links to public transport and the fact that the retail element is to serve local needs. Nevertheless the site is still required to meet the minimum standards set out in the UDP for disabled parking, cycle parking and motorcycle parking provision. As a minimum it is considered that one disabled carparking space should be provided for each of the scheme elements, giving a total of 2 spaces. This is considered to be the minimum required given that there are 9 disabled units proposed on site. A minimum of 2 cycle spaces are required to the retail element of the development. Given the fact that students will be unable to keep cars at the site provision should be made for a minimum of 15-20% cycle storage provision (around 30 spaces). The applicant currently proposes 10% provision for cycle storage although the only space identified for these cycles to be stored is a room 3.3m x 2.6 for 13 cycles. In addition to the disabled and cycle storage provision the development also requires a minimum of 3 motorcycle spaces to be provided on site. The proposed ground floor is to be located 1.5m above ground level, access to the retail unit is via some steps and access for disabled persons is by a passenger lift located adjacent to the steps. It appears from the plans provided that the entrance to the residential lobby is 52 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 still 1.5m above ground level, however it is not clear how this would be accessed by people entering from the street. Although information has been requested from the applicant, it is not clear how both the retail and the student accommodation will be serviced, no provision appears to have been made for bin storage or for deliveries and therefore it is not possible to fully assess whether servicing the property is physical possible or what impact this would have on the amenity of nearby residents. Sustainability Policy ST1 states that development will be required to contribute towards the creation and maintenance of a sustainable urban neighbourhood. Policy ST7 states that mixed use development that minimises the need to travel will be focused in locations well served by public transport. Policy ST8 requires development to contribute towards enhanced standards of environmental quality through high standards of design, amenity, safety and environmental maintenance and management. It is considered that the proposed development would provide a mix of uses helping to create a sustainable neighbourhood. Planning Obligations Policy DEV5 states that development that would have an adverse impact on any interest of acknowledged importance or would result in a material increase in the need or demand for infrastructure, services, facilities or maintenance will only be granted planning permission if planning obligations would ensure that adequate mitigation measures are put in place. If the application is to be approved then it would require a planning obligation in accordance with policy DEV5. CONCLUSION The application is considered to be inappropriate in regards scale, massing and design, not only would the development have an adverse impact on the street scene and the setting of listed buildings, the development would have an unacceptable impact on the amenity of the residents on Gardner Street. The development has inadequate levels of parking and cycle provision and therefore it is recommended that the application be refused. 53 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 RECOMMENDATION: Refuse For the following Reasons: 1. The proposed development would not provide adequate accommodation within the curtilage of the site for the parking, loading and unloading of vehicles in connection with the servicing of the retail and student accommodation units, contrary to policy A8 of the Adopted City Salford Unitary Development Plan. 2. Inadequate levels of disabled car parking, cycle parking and motorcycle parking has been provided on site and therefore the application is contrary to policy A10 of the Adopted Unitary Development Plan 3. The proposed development would form an unduly obtrusive feature in the street-scene and would seriously injure the visual amenity of the area by reason of its scale, massing, design and height, contrary to the aims of policies DES1, DES5 and EN23 of the Adopted UDP. 4. The proposed development by vitue of is scale, height and design would have an adverse impact on the setting of nearby statutory and locally listed buildings, in particular the Church of St Thomas and the former Co-op building and therefore is contrary to policies CH2 and CH8 of the Adopted City of Salford Unitary Development Plan 5. The proposed development by virtue of its design, massing and height would give rise to an unacceptable level of overshadowing and loss of privacy to the residents of Gardner Street contrary to policy DES7 of the City of Salford Unitary Development Plan. 6. The proposed development by virtue the internal window arrangement would serverly reduce the outlook of the future residents of the development and is therefore contrary to policy DES7 of the City of Salford Unitary Development Plan. 7. Insufficient details have been submitted to enable the full implications the need for student accommodation to be fully assessed in accordance with policy H7 of the Adopted City of Salford Unitary Development Plan and policy HOU7 of the Adopted Housing Planning Guidance. 8. Insufficient details have been submitted to enable the full implications of the impact of air quality and noise impacts to be fully assessed. 54 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 APPLICATION No: 06/53834/FUL APPLICANT: Tashbar School LOCATION: Tashbar School 20 Upper Park Road Salford M7 4HL PROPOSAL: Phased demolition of existing school and erection of a new primary school/nursery together with associated car parking WARD: Kersal DESCRIPTION OF SITE AND PROPOSAL It is intended to carry out a phased demolition and erection of a new primary/nursery school to replace the existing Tashbar School. The site is approximately 0.45 hectares in size and has a 68 metre frontage to Upper Park Road. The school site is adjoined on 3 sides by existing residential development, comprising a detached bungalow to the west and modern apartments to the north (Milton Court) and east (Langley Court) plus very large semi detached properties in commercial useage, to the north fronting on to Bury Old Road. Directly across Upper Park Road are existing educational establishments. The existing site comprises 3 school buildings plus open areas along the Upper Park Road frontage providing outdoor play facilities. The two buildings along the rear boundary are single storey and the main teaching block is a Victorian 3 – 4 storey building sited on the Upper Park Road frontage. The school is a 2 form entry boys primary school and is a voluntary –aided school as part of the maintained sector under the jurisdiction of the council. There would be a 60 intake per year which would be split between the infants, juniors and nursery. There are also nursery and creche facilities in the ground floor of the neighbouring Levi House. The existing access to the east of the frontage will remain as existing and on completion of the development there will be a limited area adjacent to the site access for 4 car parking spaces plus servicing. The new buildings will be constructed in 3 phases in order to allow the school to continue to function during the rebuilding. 55 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The first phase will be the demolition of the single storey building adjacent to Milton Court. This will then be replaced by a 3 storey teaching block including a roof top play area on the second floor. The new building would be sited 8 metres from the northern boundary (existing school building = 2.5m) and 12 metres from the existing blank elevation to Milton Court. A playground for reception classes will be provided adjacent to the northern boundary with Milton Court and an infants’ playground being located between the new building and Upper Park Road. The second phase will be the demolition of the main building on the Upper Park Road frontage and its rebuilding as a 2 storey block providing assembly facilities and teaching areas. The new building is to be sited 9.25 metres from the eastern boundary with Langley Court and a minimum of 23 metres (existing school building = 22m) from the actual building containing apartments at Langley Court. The third and final phase is the demolition of the single storey building at the rear of the site and its replacement with a 2 storey building with a roof top play area above. The new building would be 5.5 metres from the northern boundary (the existing school buildings extend up to the boundary) and 26 metres from the rear elevation of the main properties at Broadhurst and Enfield House, Bury Old Road. To the east the distances would be 8 metres to the boundary and 22 metres between windows and the apartment block (Langley Court). To the west the distance would be 8metres to the boundary and 17 metres to the apartment block (Milton Court), the habitable windows would not however directly face the new school building, which extends only 1 metre beyond the limit of Milton Court. The roof top play areas are to be treated with artificial grass in order to provide a diffuse surface that will reduce noise. It is further proposed to provide a screen around the area comprising an opaque but solid material to act as a noise baffle and to provide additional safety. 3 visitors parking spaces and one space for a disabled person are to be provided. It is proposed to finish the building in a buff brick with white rendered panels. The frontage to upper park Road will be presented by two elements; a traditionally designed teaching block with a pitched roof detail and the assembly/gymnasium block which will be finished in contrasting buff and dark red artificial stonework with a mansard style roof detail. SITE HISTORY Planning permission was granted in 1998 for the erection of single storey rear extensions to existing school to provide nursery unit (98/37565/FUL). CONSULTATIONS 56 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Strategic Director of Environmental Services – The main comments are in respect of the roof top playground. The elevated playground provides a greater level of screening to the lower floors of adjacent residential uses, than a traditional ground floor play area. The proposed screening to the roof top playground whilst not capable of removing all noise from the playground does represent a suitable means of minimising the adverse effects. It does offer the best solution other than providing a totally enclosed facility, which would be costly and not necessarily proportionate to the benefits gained. The risks of contamination on this site are considered to be low and it is not within 250 metres of any known landfill but it is recommended that a desk top study be undertaken (required by condition) to ensure that all aspects of possible contamination is considered Greater Manchester Police Architectural Liaison Officer – In addition to perimeter fencing it is recommended that there should be internal fencing to restrict access to the buildings. Concern has also been expressed about the deeply recessed main entrance which would not allow adequate surveillance. Head of Engineering and Highways – No objections Broughton Park Residents Association – Welcomes the proposed development and considers the scale of the development to be appropriate for this site. The loss of one tree, whilst regrettable, is considered to be outweighed by the new planting. The access provided for disabled persons is seen as a positive step and the provision of a roof top play area is considered to be a “good idea”. Overall the scheme is considered to be a distinct improvement which will form an attractive frontage. Arboriculturalist – No objections in principle but recommends a number of conditions relating to tree protection. PUBLICITY A site notice was displayed on the 28th November 2006. A press notice was displayed in the Advertiser on 30th November 2006 The following neighbour addresses were notified: 1 - 69 Gan Eden Stanley Road 13, 23, 26, 28, 30, Upper Park Road Flat 1 – 16 Ingledene Court Upper Park Road Flat 1 – 15 Langley Court Upper Park Road 13, Upper Park Road Broadhurst (7), Enfield House (5), Levi House (8), Bury Old Road Flat 1 – 30 Milton Court, Bury Old Road 7- 12 Ravenhurst, Bury Old Road Freedman Fankl and Taylor Bury Old Road Higher Broughton Hebrew Congregation, Bury Old Road 57 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 1 –9 4 Cadogan Place REPRESENTATIONS I have received 6 individual letters of objection together with joint responses from residents of Langley Court, letters from the management company for Milton Court and the Arcon Housing Association (Langley Court). There has also been a meeting held with the applicant and representatives from Langley Court and Milton Court. The following issues have been raised: There are considerable problems arising from the existing school in terms of noise, traffic and litter. Many of the adjoining residents are elderly The proposed roof top play area will be a source of noise and nuisance. There will be a loss of light and outlook. There will be a loss of privacy arising from the 2 storey buildings and roof top area. The development will be too close to flat 25-30 at Milton Court. REGIONAL SPATIAL STRATEGY Policy DP1: Policy DP2: Policy DP3: Policy DP4: Economy in the Use of Land and Buildings Enhancing the Quality of Life Quality in New Development Promoting Sustainable Economic Growth and Competitiveness and Social Inclusion UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DES1: Respecting Context DES2: Circulation and Movement DES7: Amenity of Users and Neighbours DES9: Landscaping DES10: Design and Crime EN12: Important Landscape Features EN13 – Protected Trees EN17: Pollution Control EHC1: Provision and Improvement of Schools and Colleges A2: Cyclists, Pedestrians and the Disabled A8: Impact of Development on the Highway Network A10: Provision of Car, Cycle and Motorcycle Parking in New Developments EN10: Protection of Species EN16: Contaminated Land EN17: Pollution Control 58 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 OTHER LOCAL PLANNING POLICY AND GUIDANCE Design and Crime Supplementary Planning Document. Trees and Development Supplementary Planning Document. DRAFT SUBMITTED REGIONAL SPATIAL STRATEGY Policy L1: Health and Education Services Provision PLANNING APPRAISAL The main planning issues relating to this application are:the principle of a replacement school in this location the scale, design, appearance and impact on the amenity of local residents the impact on the appearance and character of the locality impact on existing trees. Principle of Development The principle of the proposed development must be considered against policy EHC1 – Provision and Improvement of Schools and Colleges that places a general presumption in favour of such provision provided six fundamental criteria are met. Each criteria is considered in turn below: The development would not have an unacceptable impact on the amenity of neighbouring uses I am satisfied that the proposed development would not have a detrimental impact on the amenities currently enjoyed by the occupiers of adjacent properties. This is discussed in more detail below within the amenity section. An adequate standard of playing field and other recreation provision in an accessible and convenient location is provided There are no existing or proposed playing fields associated with this primary school. The current play areas would be re-located to the roof of the building. The development is accessible by a range of means of transport, particularly foot, cycle and public transport I am satisfied that the development is accessible by a range of means of transport, this is discussed in more detail below within the access section. The development incorporates adequate provision for disabled access 59 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The design and access statement states that the development would be DDA compliant. The provision of 1 disabled car parking space is proposed but this will need to be increased to 2 spaces in accordance with UDP policy A10, which can be achieved by imposing a planning condition. I therefore have no objection to the application in this regard. The development would not give rise to unacceptable levels of traffic congestion or have an adverse impact on highway safety in terms of traffic generation, parking or servicing I am satisfied that the development would not result in unacceptable traffic congestion or be detrimental to highway safety. This is discussed in more detail below within the access section. The development makes provision, wherever possible, for community use of the building and grounds. A condition has been attached requesting In conclusion, I have no objection to the principal of development in that I consider the proposed development to comply with policy EHC1 of the UDP, subject to the imposition of appropriate conditions discussed above. Design and appearance Policy DES1 states that development will be required to respond to its physical context, respect the positive character of the local area in which it is situated, and contribute towards local identity and distinctiveness. The existing school is of limited architectural merit and its demolition to provide modern facilities on the same site would be acceptable. The development site is largely landlocked at the rear by residential properties on three sides and by Upper Park Road to the south. The area contains a variety of architectural styles and building materials. The proposals are considered to adequately reflect the character of the area and are considered appropriate to this maturely landscaped site. A condition requiring the submission of sample materials would be attached to any planning consent and I am satisfied that this will ensure the materials are of sufficient quality and appropriate colour. Neighbouring residential properties vary considerably in height and the height of the development proposed is not considered to adversely affect the setting of adjacent residential properties in respect of height, massing and scale. Amenity 60 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Policy DES7 considers that all new development would not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments. The distance around the proposed buildings are consistent with the Council’s normal standards. One specific objection refers to the impact on certain apartments in Milton Court. The new building does not extend significantly beyond Milton Court and the existing direct aspects from the apartments will not be affected by the new building. This arrangement combined with a separation of 17 metres enusres that the scheme will not have any significant adverse impact on the residential amenity of the occupiers of the apartments. Policy EN17 relates to pollution control and considers that development proposals that would be likely to cause or contribute towards a significant increase in pollution to the air, by reason of noise, odour, artificial light or vibration, will not be permitted. Perhaps the most unusual element of the scheme is the roof top play area. This will bring benefits to neighbours at ground and first floors by reason of noise reduction. However due to its elevated position noise is likely to be greater at upper floor levels of neighbouring properties. However, the scheme does provide for significant noise reduction measures with which the Strategic Director of Environmental Services consider to be acceptable. It should also be said that the noise generating activities will be at limited times during the day and only during school hours. I am satisfied that the application would not result in an unacceptable detrimental impact on the amenity of residents due to overlooking or loss of privacy and would not result in unacceptable disturbance in terms of noise subject to conditions being attached to any consent relating to external lighting, noise from amplification equipment, noise from fixed plant and equipment, hours of operation of play areas. The application therefore accords with Policies DES7 and EN17. Access UDP Policy A2 – Cyclists, Pedestrians and the Disabled requires development proposals to make adequate provision for safe and convenient access by the disabled, pedestrians and cyclists through the protection and improvement of key routes. UDP Policy A8- Impact of Development on the Highway Network states that development will not be permitted where it would compromise highway safety by virtue of traffic generation and access. UDP Policy A10 states that development will be required to make adequate provision for disabled drivers, cyclists and motorcyclists. 61 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 UDP Policy DES2 – Circulation and Movement requires the design and layout of new development to be fully accessible to all people, maximise the movement of pedestrians and cyclists to, through and around the site, enable pedestrians to navigate their way through an area by providing appropriate views, vistas and transport links, enable safe, direct and convenient access to public transport facilities and other local amenities and minimise potential conflicts between pedestrians, cyclists and other road users. UDP Policy A1 states that planning applications for developments likely to give rise to significant transport implications should be accompanied by a travel plan. The site represents the re-development of the school on the existing site incorporating the existing vehicular access. The site continues to be accessible via public transport and car, as well as on foot and by cycle and a travel plan will not be required. With respect to objectors concerns regarding traffic congestion along Upper Park Road, as identified above, the school would utilise the existing vehicular access on what is a fairly constrained site. The proposed development will not significantly alter the existing situation on the highway. The applicant has stated that the staff are primarily local residents who do not use cars and hence parking proposals have been limited to 3 for visitors and 1 for a disabled person. I propose however that a condition be attached requiring further details of this provision, increasing the disabled spaces to 2. There are also no indicated cycle facilities and I again propose a condition requiring cycling facilities to be provided. On the basis of the information submitted, I am satisfied that the proposed access arrangements would not give rise to unacceptable levels of traffic congestion or adversely affect highway safety. Landscaping Policy DES9 states that developments will be required to incorporate appropriate hard and soft landscaping provision. Policy EN12 considers that development that would have a detrimental impact on, or result in the loss of, any important landscape feature will not be permitted. Policy EN13 states that development that would result in an unacceptable loss of protected trees will not be permitted. The Trees and Development Supplementary Planning Document contains further policies and guidance in relation to tree protection that includes the requirement to replace trees that are lost on a two for one basis. The applicant has submitted a tree survey in support of the application. The proposal would include the loss of two tree protected by the City of Salford Tree Preservation Order No. 4 and 209. The two trees a located within the site and have a limited visibility from the highway due to the band of protected trees along the frontage. The Consultant 62 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Arboriculturalist has no objections to the proposal but recommends a number of conditions to ensure that the trees are protected throughout the construction phase. Insufficient detail has been submitted with the application relating to the proposed hard and soft landscaping on site. It is therefore recommended that a landscaping condition be attached to any planning consent requiring the submission, approval and implementation of a scheme before the new school is first brought into use. In accordance with the Trees and Development SPD, this condition would ensure that any trees removed are replaced on site on a two for one basis. Crime Prevention Policy DES10 states that development will not be permitted unless it is designed to discourage crime, anti-social behaviour and the fear of crime. Further detailed policies and guidance are provided in the Design and Crime Supplementary Planning Document. The comments of the Police Architectural Liaison Officer have been relayed to the agent who has confirmed a willingness to engage directly with GMP in order to address the concerns and a condition is attached requesting a crime prevention plan to be submitted. Sustainable Construction and Environmental Performance UDP Policy EN22 states that development proposals for development with a floorspace in excess 5000m2 will only be permitted where it can be demonstrated that the impact on the conservation of non-renewable resources, and on the local and global environments, has been minimised as far as practicable; and full consideration has been given to the use of realistic renewable energy options, and such measures have been incorporated into the development where practicable. The site is has a florspace less than 5000m2 however it is a requirement of the Department for Education and Schools that new school buildings achieve a ‘very good’ or ‘excellent’ BREEAM Schools rating. This is the industry standard, Building Research Establishment’s Environmental Assessment Methodology tailored specifially for schools. The applicants have provided a statement confirming that the deisgn will be progressed to achieve a ‘very good’ rating. To ensure such a positive outcome for the purposes of this planning application it is recommended that a condition be imposed to that effect. Nature Conservation and Biodiversity UDP Policy EN10 – Protection of Species states that development which would be likely to have an adverse impact on legally protected species will only be permitted where mitigation measures are put in place to maintain the population level of the species at a favourable conservation status within its natural range. 63 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Further detailed policies and guidance are provided in the adopted Nature Conservation and Biodiversity Supplementary Planning Document, including Policy NCB1 – Maintaining and Enhancing Biodiversity that states that development proposals should seek to maintain and enhance biodiversity and the nature conservation interest of sites. All species of bats are European Protected Species with full protection at all times under Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994. Bat roosts are also protected, even when unoccupied. Bats are found across Salford and roost in a variety of buildings, structures and natural features including trees with hollows, cracks and cavities and stone or/brick built structures. Given the proposals involve the demolition of the existing school building and the removal of a tree, a bat survey will be required to be undertaken by an appropriately licensed ecologist prior to any demolition. CONCLUSION In conclusion, the proposed development would provide a modern educational facility. The existing vehicular access would be utilised ensuring that there would be no detrimental impact on highway safety. The scheme would have significant benefits for the local community and would not have an unacceptable detrimental impact on the amenity of neighbouring residents. The design is such that the proposed building would make a positive contribution to the surrounding area. Adequate replacement trees would be provided to compensate for the felling of trees on site. The application accords with the relevant policies of the UDP. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. Unless otherwise agreed in writing by the Local Planning Authority, the development hereby approved shall be undertaken in accordance with the phasing shown on submitted Drawing No. M098 10 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 the initial implementation of the planting scheme shall be replaced to the satisfaction of the Local Planning Authority. 64 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 4. Notwithstanding the details of the car parking layout on drawing M2098 29 the proposal should include a minimum of 2 disabled parking bays. 5. Prior to the commencement of development a desk study shall be been submitted and agreed in writing by the Local Planning Authority. The study shall investigate and produce an assessment of the risk of the potential for on-site contamination. If the desk study identifies potential contamination, prior to commencement of development the developer shall submit a site investigation report for the approval of the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the Local Planning Authority 6. Prior to the commencement of the development hereby approved, samples and details of the materials for the external elevations of the development 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. 7. The rating level (LAeq,T) from all fixed plant and machinery associated with the development, when operating simultaneously, shall not exceed the background noise level (LA90,T) by more than -5dB at any time when measured at the nearest noise sensitive premises. Noise measurements and assessments shall be carried out according to BS4142; 1997. 8. Unless otherwise agreed in writing, prior to the commencement of development a scheme detailing noise attenuation measures in association with the roof top play areas shall be submitted to and approved in writing. The scheme shall include samples of materials to be used. The approved details shall be implemented in full prior to first use. 65 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Prior to discharge of this condition, a Completion Report shall be submitted to the LPA for approval. The Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 9. Notwithstanding the submitted plans, details of proposed cycle storage facilities shall be submitted to and approved in writing by the Local Planning Authority The facilities shall be installed in accordance with the approved details prior to first occupation and shall be made available for use thereafter. 10. The roof top play areas shall NOT be used on Sundays and Bank Holidays and shall ONLY be used between the hours of 8.30am to 5pm Monday to Fridays. 11. No development authorised by this permission shall take place unless and until the Local Planning Authority has received and approved in writing a site operating statement for each phase of construction in relation to provision of street sweeping, permitted hours for construction works, delivery of materials and delivery and collection of equipment and the provision and use of on-site parking for contractors' and workpeople's vehicles and no development or activities related or incidental thereto shall take place on the site in contravention of such site operating statement unless otherwise agreed in writing by the Local Planning Authority. 12. The development hereby approved shall achieve a post-construction Building Research Establishment Environmental Assessment Method (BREEAM) Schools rating of 'very good' or 'excellent', unless otherwise agreed in writing by the local planning authority. A post-construction review certificate shall be submitted to and approved in writing by the local planning authority before any of the buildings hereby approved are first used, unless otherwise agreed in writing by the local planning authority. 13. Within 1 month prior to demolition a full survey of the building shall be undertaken to establish whether or not it is being used as a hibernation site, roost or breeding site by bats (Chiroptera). Should the presence of bats be confirmed no development shall commence until the appropriate licence has been made to and granted by English Nature for the relocation of the bats. 14. No development shall be started until all the trees within (or overhanging) the site, with the exception of those trees clearly shown to be felled on the submitted plan, have been surrounded by substantial fences which shall extend to the extreme circumference of the spread of the branches of the trees (or such positions as may be agreed in writing by the Local Planning Authority). Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by Local Planning Authority and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing. 15. No trees which are the subject of a Tree Preservation Order (other than those clearly 66 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 shown to be so affected on the submitted plan) shall be topped, lopped or cut down without the prior approval of the Local Planning Authority. 16. Prior to the school building hereby approved being first brought into use, a community use scheme relating, shall be submitted to and approved in writing by the local planning authority. The Scheme shall include details of pricing policy, hours of use, access by non-school users/non-members, changing provision, management responsibilities and include a mechanism for review. The approved scheme shall be implemented in full and shall remain in place whilst the use is in operation unless otherwise agreed in writing by the local planning authority. (Reasons) 1. Standard Reason R000 Section 91 2. Reason: In order to ensure that any impact on the environment and the amenity of neighbouring residents is minimised, in accordance with policies DEV1 and EN20 of the City of Salford Adopted Unitary Development Plan and policies DES7 and EN14 of the Draft Replacement Unitary Development Plan. 3. Standard Reason R004B Amenity - area 4. To ensure an adequate provision of disabled parking bays in accordance with policy DES2 and A10 of the Adopted UDP. 5. Standard Reason R028B Interests of public safety 6. Standard Reason R004B Amenity - area 7. Standard Reason R005B Amenity - neighbours 8. Standard Reason R004B Amenity - area 9. In order to encourage the use of more sustainable transport modes, in accordance with Policy A10 of the Adopted UDP. 10. Standard Reason R005B Amenity - neighbours 11. Standard Reason R005B Amenity - neighbours 12. Reason: In the interests of resource conservation and environmental sustainability. This is in accordance with Policy EN22 of the City of Salford Unitary Development Plan 2004-2016. 13. In order to ensure the protection of bats in accordance with Policy EN10 of the City of 67 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Salford UDP. 14. Standard Reason R004B Amenity - area 15. Standard Reason R004B Amenity - area 16. Reason: To ensure satisfactory community facilities and to maximise community involvement that secures continuity of use is delivered. This is in accordance with Policies EHC1 of the City of Salford Unitary Development Plan 2004-2016. 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 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. 3. For further discussions regarding the requirements of the Contaminated Land Condition, the applicant/developer is advised to contact the Pollution Control Section of the Environment Directorate (Tel: (0161) 737 0551 4. Please see attached comments from Greater Manchester Police. APPLICATION No: 07/54446/FUL APPLICANT: Blackburn Property Limited 68 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 LOCATION: Site Of Former Wardley Service Station Manchester Road Wardley Swinton PROPOSAL: Erection of 22 no. three storey town houses including construction of new vehicular and pedestrian accesses together with associated landscaping and car parking WARD: Swinton North DESCRIPTION OF SITE AND PROPOSAL This application relates to a vacant, 0.33 hectare site fronting Manchester Road in the Swinton area of the City. A petrol filling station used to occupy the site but was demolished in 2006 and the site cleared for redevelopment. A tree report submitted in support of the application indicates that there are currently 26, mainly self-seeded trees, located primarily towards the rear of the site. The application site lies in a predominantly residential area. Short rows of two-storey terraced houses face the site to the north on the opposite side of Manchester Road between which lies the entrance to the Wardley Recreation Ground area of public open space. To the east lies more two storey terraced houses fronting Manchester Road behind which a collection of relatively modern, detached and semi-detached houses front Banbury Mews. Copplestone Court and Longview Court comprising two three-storey blocks of flats and a single two-storey block of flats lie immediately to the west of the application site. The Manchester to Wigan railway line and its associated tree-lined embankments lie immediately to the south of the site beyond which the industrial 'shed' buildings of the Wardley Industrial Estate are found. This application seeks permission for the development of 22 three-storey, three-bedroom (plus study) townhouses suitable for families. Each house would benefit from front and rear gardens and a single, on-street parking space. The proposed townhouses are split into two parallel rows with nine fronting Manchester Road itself and thirteen to the rear of the site. Three townhouses at the rear of the site closest to Banbury Mews have been brought forward to align with adjacent properties to protect the amenity of the occupants of existing properties. Vehicular access is gained directly from Manchester Road, incorporating an existing crossover, leading to a central parking court where on-street parking spaces are clustered in parallel rows. A turning head has been provided at the end of the access road able to accommodate waste collection vehicles. All of the proposed townhouses are of a uniform appearance with pitched roofs and are essentially a slightly larger, modern interpretation of the traditional terraced houses found across the City. Rendered gables projecting from the street facing elevations help animate, add depth and break up the mass of the terraces and also provide space for enclosed bin stores. Non-street facing, south elevations are of a more modern appearance incorporating 69 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 full height glazing with sliding solar shading panels and balconies in order to maximise the amount of natural light penetrating the buildings. The palette of materials selected reflect those of surrounding buildings and are dominated by red brick, render (three similar neutral colours) and slate coloured roof tiles together with white aluminium framed doors and windows, powder coated steel balcony railings and sliding solar panels of three similar neutral colours. Externally, indicative landscaping proposals state that front gardens would be enclosed by low level walls and railings. The rear gardens of the row backing onto the railway line would be enclosed by two metre high fencing whilst the rear gardens of the front row would be slightly lower at 1.8 metres high with visually permeable upper panels to increase surveillance. The surface of the access road and footpaths would be tarmacadam with pedestrian crossing points defined by contrasting setts or blocks. A sub station is proposed to serve the development. The applicant has submitted the following documents in support of the application: Design and Access Statement Tree Survey Site Investigations/Contamination Documents SITE HISTORY There are no previous planning decisions on the site of relevance to the application. CONSULTATIONS Strategic Director of Environmental Services - No objection in principle providing conditions are attached to any consent to secure the following: further detailed site investigation reports, including appropriate mitigation measures, be submitted, approved in writing and implemented in full prior to first occupation to address on-site gas and ground contamination given previous uses and the need for further assessment if the site is to be used for residential purposes as identified in the submitted documents; the submission, written approval and implementation of a noise assessment and appropriate acoustic attenuation measures to protect the amenity of future occupants given the site's proximity to a busy radial road traffic route, a railway line and industrial uses; the submission, written approval and implementation of an external lighting scheme to protect the amenity of existing and future residents. United Utilities – No objection in principle. Advice is provided. 70 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The Environment Agency – No objection in principle following a review of the submitted site investigation / contamination reports and are generally satisfied that the remediation undertaken on site has reduced the risk to controlled waters. They do however recommend that further investigations, monitoring and where necessary remediation works are carried out. Greater Manchester Police Architectural Liaison Officer – No objection in principle but made the following comments: 1. given the front row of houses would have dual access points it is important that rear doors are as secure as the front doors; the front row of houses rear boundary treatments should be at least 1.8 metres high to create a secure space but the upper half of the boundary should be visually permeable to ensure cars can be seen from the house at ground floor level with gates lockable at both sides; and the boundaries of the site should be securely fenced particularly at the rear where it could be vulnerable to attack. 2. 3. Greater Manchester Passenger Transport Executive - No objection or comments to make. PUBLICITY The application has been advertised by way of site and press notices. The following neighbour addresses were notified: Flats 1 to 19 Copplestone Court Flats 1 to 4 Longview Court 2 to 8 (evens) Banbury Mews 631 to 647 (odds) Manchester Road 576 to 604 (evens) Manchester Road 614 to 618 (evens) Manchester Road The Studio, Invar Road REPRESENTATIONS I have received one letter of objection in response to the planning application publicity from the residents of 2 Banbury Mews that lies directly adjacent to the application site. The following issues have been raised: the height of the proposed three storey townhouses in relation to their two storey house; loss of light to their downstairs toilet; the proposed layout will affect their back garden as the proposed building to the rear of the site is set further back from their property. 71 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 They also express concern about the height of the proposed sub-station, the distance between their property and the proposed dwellings and uncertainty over what will separate their property from the new development. REGIONAL SPATIAL STRATEGY The following policies from the adopted RSS are considered to be of relevance: Site specific policies: None Other policies: DP1 – Economy in the use of Land and Buildings UR4 – Setting Targets for the Recycling of Land and Buildings UR7 – Regional Housing Provision UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: ST11 – Location of New Development ST12 – Development Density ST14 - Global Environment DES1 – Respecting Context DES2 – Circulation and Movement DES4 - Relationship of Development to Public Space DES7 – Amenity of Users and Neighbours DES9 - Landscaping DES10 – Design and Crime DES11 - Design Statements H1- Provision of New Housing Development H2 – Managing the Supply of Housing H4 – Affordable Housing H8 – Open Space Provision Associated with New Housing Development A2 - Cyclists, Pedestrians and the Disabled A8 – Impact of Development of the Highway Network A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments EN12 - Important Landscape Features EN16 - Contaminated Land EN17 – Pollution Control EN18 - Protection of Water Resources EN23 - Environmental Improvement Corridors R2 – Provision of Recreation Land and Facilities DEV5 – Planning Conditions and Obligations 72 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 OTHER LOCAL PLANNING POLICY AND GUIDANCE Adopted Housing Planning Guidance Planning Obligations Supplementary Planning Document Salford Greenspace Strategy Supplementary Planning Document Design and Crime Supplementary Planning Document Trees and Development Supplementary Planning Document House Extensions Supplementary Planning Document DRAFT SUBMITTED REGIONAL SPATIAL STRATEGY The following policies of the Draft RSS – The North West Plan (March 2006) are considered to be of relevance: Site specific policies: None Other policies: DP1 – Regional Development Principles L4 - Regional Housing Provision PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of residential development in this location is acceptable; whether the density proposed is acceptable; whether an acceptable mix of house types is proposed; whether the design of the buildings are acceptable; whether the development's impact on the global environment is acceptable; whether there would be an unacceptable impact on the amenity of future and neighbouring residents; whether the applicant has adequately dealt with issues relating to crime prevention; whether the proposed access arrangements and level of car, motorcycle and cycle parking are acceptable; whether on-site contamination issues have been adequately addressed; whether acceptable planning obligations would be delivered; whether the landscaping proposals and impact on existing trees is acceptable; and whether the proposed development complies with other relevant policies of the City of Salford Unitary Development Plan. I shall deal with each of these issues below. Principle of the Redevelopment of the Site UDP 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 where necessary. The re-use and conversion of existing buildings is made a priority followed by 73 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 previously developed land in locations that are well served by a variety of means of transport and are accessible to housing, employment, services and other infrastructure. Policy H2 requires the release of land for housing development to be managed in accordance with the sequential approach set out in Policy ST11. RSS Policy DP1 requires economy in the use of land and buildings. It states that development plans should adopt a sequential approach to meeting housing needs as follows: firstly, the effective use of existing buildings and infrastructure within urban areas; secondly, the use of previously developed land; and finally the development of previously undeveloped land, where it would avoid areas of important open space, is well located in relation to houses, jobs, other services and infrastructure and is or can be made accessible by public transport, walking or cycling. RSS Policy UR4 adds to these objectives stating that: “The redevelopment and re-use of vacant sites and buildings within urban areas should be a priority…[and that]…additional development should be encouraged to make best use of such sites in sustainable locations” Policy DP1 of Draft RSS also encourages the effective use of land, buildings and infrastructure and advocates the sequential approach to meeting development needs, as outlined in Adopted RSS Policy DP1. The principle of development on this brownfield site is considered appropriate and performs well against UDP Policy ST11 given the site's close proximity to public transport services and other key infrastructure. The site is very well served by public transport with numerous bus services running along Manchester Road and Moorside Railway Station only 300 metres to the east. Wardley Recreation Ground faces the site on the opposite side of Manchester Road giving future residents easy access to areas of public open space. Swinton Town Centre is also easily accessible located a little over one kilometre to the east. Given the fact that the proposal involves the development of previously developed land in a sustainable location, the redevelopment of the site is supported in principle insofar as it would accord with the sequential approach to development as set out in Policy DP1 of RSS and UDP Policies ST11 and H2 and Policy DP1 of the Draft RSS. Principle of Proposed Use UDP Policy H2 seeks to ensure that an adequate supply of new housing is provided across the City in accordance with targets set out in the Regional Spatial Strategy. In response, the policy seeks to restrict housing development in areas where there is evidence of an “unacceptable actual or potential oversupply of housing”. 74 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Draft RSS Policy L4 increases the City’s annual rate of housing provision to 1,600 dwellings per annum, a threefold increase from current provision set out in RSS Policy UR7 at 530 dwellings per annum. At the current time there is no clear evidence of an oversupply of housing in this area. In addition, evidence at the national, regional and local level suggests that household growth is likely to continue, and as a result Draft RSS Policy L4 seeks to significantly increase the City’s annual housing target. The provision of 42 housing units on the application site is therefore considered to be in full accordance with UDP Policy H2. Density UDP Policy ST12 states that development within the regional centre, town centres, and close to key public transport routes and interchanges will be required to achieve a high density appropriate to the location and context. UDP Policy H1 states that new housing development should be built at appropriate densities which will be no less than 30 dwellings per hectare throughout the City and no less than 50 dwellings per hectare on sites within or adjoining designated mixed use areas, town and neighbourhood centres and major transport nodes along good quality public transport corridors. It goes on to state that these standards may be varied, having regard to other criteria listed in the policy. The proposed development creates a density of 67 dwellings per hectare. Whilst more than double the minimum citywide requirement, the proposed density is considered acceptable given the site’s sustainable location, particularly in respect of its proximity to key public transport infrastructure, employment opportunities and other facilities. Although the density proposed is higher than average in this part of the City, I am satisfied that a high quality design solution has been found that successfully integrates the development into its surroundings. On that basis, and given the site’s sustainable location, I consider the proposed density to be in accordance with UDP Policies ST12 and H1 and therefore have no objection in principle to the application in this regard. Housing Type and Size UDP Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area in terms of size and type. The City's adopted Housing Planning Guidance is a material consideration in the determination of planning applications and specifically supplements UDP Policies H1 and 75 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 H4. The guidance seeks to secure a sustainable mix of dwelling to meet housing need and contains a number of specific policies of relevance discussed in turn below: Policy HOU1 - Type of New Dwellings This policy states that the large majority of new dwellings in this part of the City should be in the form of houses rather than apartments to reflect the general character of the area and the generally lower levels of accessibility compared to other parts of the City. The policy goes on allow alternative approaches on individual sites where there are specific circumstances that justify this and advocates apartments as the most appropriate form of new housing in the City’s defined Town and Neighbourhood Centres to help maximise the number of people who have excellent access to local facilities. Given that the dwelling types proposed are solely family sized houses with front and rear gardens the proposals are wholly consistent with this policy objective. Policy HOU2 – Size of New Dwellings This policy states that the majority of new houses should have at least three bedrooms. All of the proposed houses have three bedrooms and a further room identified as a study that could be used as a fourth bedroom. The proposals are therefore wholly consistent with this policy objective Affordable Housing UDP Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area in terms of tenure and affordability. UDP Policy H4 states that in areas where there is a demonstrable lack of affordable housing to meet local needs, developers will be required, by negotiation with the Council, to provide affordable housing, of appropriate types, on all residential sites over 1 hectare or in housing developments of more than 25 dwellings. Policy HOU3 of the Councils Housing Planning Guidance supplements UDP Policy H4 by stating that on all residential sites over 1 hectare, irrespective of the number of dwellings, or in housing developments of 25 or more dwellings, 20% of the dwellings should be in the form of affordable housing. A lower proportion of affordable housing may be permitted where material considerations indicate that this would be appropriate. Exceptional circumstances include where there are exceptional costs associated with the development or where the scheme was substantially developed before the adoption of the Guidance on 20 December 2006. 76 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Given the proposed number of dwellings falls below the threshold of 25 units identified in the above policies I have no objection to the proposal without the provision of affordable housing. Design, Scale and Massing UDP Policy H1 states that new housing development should create a high quality residential environment and be consistent with other UDP policies. UDP 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. UDP Policy DES4 outlines that development, which adjoins public space, shall be designed to have a strong and positive relationship with that space. In particular buildings should clearly define the space around them, including streets through the continuity of street frontages and building lines for example and the visual impact of car parking should be minimised. UDP Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity, in terms of space, sunlight, daylight, privacy, aspect and layout. Development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. UDP Policy DES11 requires the submission of design statements with major applications that demonstrate the delivery of high quality design solutions. UDP Policy EN23 requires new development along any of the city's major road, rail and water corridors to preserve or make a positive contribution to the corridor's environment and appearance. I consider the design of the proposed development to be a high quality, bespoke design solution that successfully respects and enhances the character and appearance of the area and also Manchester Road and the railway line to the rear as designated environmental improvement corridors. I therefore have no objection in principle to the development on design grounds, subject to the imposition of appropriate conditions. I will deal with each element of the proposed design in more detail below. Layout The applicant submitted a detailed design and access statement in support of their application in full accordance with UDP Policy DES11. The statement describes a number of feasibility studies that the applicant undertook as part of the design appraisal process 77 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 before settling on the proposed layout. The need to fully respect and address the site context in terms of strengthening established building lines, infilling gaps in the townscape, defining primary frontages, minimising the visual impact of car parking and protecting the amenity of existing occupiers were correctly identified as key design criteria and have been successfully addressed. The proposed layout addresses the irregular visual break in the streetscene by ensuring the front elevations of the terraces are aligned with and strengthen the well-defined and established building line on Manchester Road. Similarly, the rear terrace is considered to have a comfortable relationship to surrounding dwellings. The position of the three townhouses closest to 2 Banbury have been repositioned to mirror the alignment of dwellings on Banbury Mews thus eliminating problems of an increased sense of enclosure and loss of light highlighted in the neighbour objection received. The proportion and location of outdoor greenspace is considered to successfully mirror and reinforce the areas existing suburban character and ensures the amenity of neighbouring properties is safeguarded in full accordance with the City Council’s adopted aspect distances. Locating the parking court behind the primary street ensures the visual impact of surface car parking is minimised. Similarly, the proposed layout ensures sufficient provision is made for enclosed refuse and recycling bins and containers thus avoiding problems of bins littering and cluttering the streetscene. The concerns and objections raised by local residents about the space between their property and the proposed townhouses are considered unsustainable given the amount of space proposed is very similar to the space between existing properties on Banbury Mews. Scale and Massing Although the height of the proposed terraces are a storey higher than the two storey properties to the east, they are approximately one metre lower than the three storey apartment blocks to the west whilst the depth of the proposed buildings mirror that of the smaller houses to the east. This relationship is considered an acceptable and appropriate infill solution creating a relatively smooth townscape transition between the contrasting scale and massing of adjacent dwellings whilst ensuring policy objectives relating to housing types and sizes and higher densities in sustainable locations are met. The height differential is also softened by the location of the access road and the two-storey terraced housing on Manchester Road whilst the visual impact of the mass and width of the terraces is broken up and softened by the insertion of projecting front gables and windows in prominent side elevations. Soft landscaping around the periphery of the site will further soften the visual impact of the proposed dwellings. Given the above, I consider the scale and mass of the proposed buildings to be acceptable and in accordance with UDP Policies H1, DES1 and DES7. External Appearance and Materials 78 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 As mentioned in the description, all of the proposed townhouses are of a uniform appearance with pitched roofs and are essentially a slightly larger, modern interpretation of the traditional terraced houses found across the City. Rendered gables projecting from the street facing elevations help animate, add depth and break up the mass of the terraces and also provide space for enclosed bin stores. Non-street facing, south elevations are of a more modern appearance incorporating full height glazing with sliding solar shading panels and balconies in order to maximise the amount of natural light penetrating the buildings. The palette of materials selected reflect those of surrounding buildings and are dominated by red brick, render (three similar neutral colours) and slate coloured roof tiles together with white aluminium framed doors and windows, powder coated steel balcony railings and sliding solar panels of three similar neutral colours. I consider the appearance of the proposed buildings to be a modern yet discreet intervention that would add visual and architectural interest to the street scene and therefore subject to the imposition of appropriate conditions, I am satisfied the external appearance of the proposed development would be in accordance with UDP Policies H1, DES1, DES 4 and DES7. Although the applicant has specified proposed materials in the Design and Access Statement and on plans, I consider it necessary that a condition be attached to any consent requiring the submission and written approval of materials samples, particularly in respect of the primary brick and render facing materials to safeguard design quality. Sustainable Design and Construction UDP Policy ST14 requires major new development such as this to minimise greenhouse gas emissions and their impact on the global environment. The applicant has confirmed in writing that it is their intention to seek to acheive an Eco-Homes rating of 'very good'. This is the stringent, industry standard, Building Research Establishment’s Environmental Assessment Methodology tailored specifially for new housing. I am satisfied that if this is acheived the requirements of UDP Policy ST14 will ultimately be met and that environmentally responsible, sustainable, resource efficient buildings will be delivered. To ensure such a positive outcome for the purposes of this planning application it is recommended that a condition be imposed to that effect. Trees & Landscaping UDP Policy EN12 states development that would have a detrimental impact on important landscape features, including trees, will not normally be permitted unless replacements of an equivalent amount and quality are provided. 79 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The Trees and Development Supplementary Planning Document contains further policies and guidance in relation to tree protection that includes the requirement to replace trees that are lost on a two for one basis. UDP 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, respect adjacent land uses and wherever possible make provision for the creation of new wildlife habitats. The applicant has submitted a Tree Survey and an indicative landscaping plan in support of the application. Eighteen of the twenty six trees on site are required to be felled to accommodate the proposed development. The survey and proposals have been reviewed by the Council’s consultant arboriculturalist who considers the proposals acceptable. He states that many of the existing trees on site are self-seeded and largely focused at the rear of the site. Given their quality and location they are not considered to be of significant public amenity value or worthy of a tree preservation order. Trees marked for retention are clustered at the rear of the site and would be located in the rear terrace’s back gardens. The applicant is aware of the policy requirement to replace lost trees on a 2 for 1 basis and is willing to accept a condition to that affect. The proposed layout plan indicates that soft landscaping provision would be largely limited to private front and rear gardens with some peripheral planting. The access road, footpaths and central parking court would be hard landscaped with traditional tarmacadam and kerb line stones with pedestrian access points defined by the use of contrasting blocks or setts. Detailed designs of proposed boundary treatments have not yet been provided but the indicative layout plan indicates they would comprise a mixture of walls and railings and solid boundary fences of varying heights depending on location and in accordance with Secured by Design principles. As mentioned above, enclosed bin stores would be provided in the building’s external envelope with additional space for recyclable material storage in front gardens allowing for easy access. I am satisfied this is a satisfactory strategy for refuse and recyclables storage and collection but recommend that further details of the proposed external bin stores be submitted for approval at a later date. I am satisfied that the proposed approach to landscaping highlighted in the tree survey and plans will satisfy policy objectives providing conditions are attached to any consent requiring the submission, written approval and implementation of a detailed landscaping scheme to include the requirement to replace lost trees on a 2 for 1 basis, provide adequate tree protection measures during construction and provide details of all surface treatments, external lighting, boundary treatments and external bin stores. 80 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Amenity UDP Policy H1 states that new housing development should provide a high quality residential environment and an adequate level of amenity and be consistent with other UDP policies. UDP 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. UDP Policy EN17 states that development proposals that would be likely to cause or contribute towards a significant increase in pollution to the air, water or soil, or by reason of noise, odour, artificial light or vibration, will not be permitted unless they include mitigation measures commensurate with the scale and impact of the development. Privacy and Overlooking The proposed development has been designed in full accordance with the Council’s adopted privacy and aspect distances and therefore I have no objection to the application in this regard. Nonetheless, it is considered necessary to attach a condition to any consent requiring the windows in the side elevations of units 13 and 22, added at a later stage to soften the scale and mass of the prominent side elevations, to be obscure glazed. Loss of Sunlight and Daylight Given the position and orientation of the building in relation to neighbouring properties following revisions to the location of the three townhouses closest to 2 Banbury Mews, I am satisfied that the proposed development would not result in an undue loss of daylight and sunlight entering the habitable room windows of neighbouring properties. I therefore have no objection to the application in this regard. In reference to the objection received, a WC is not classed as a habitable room. Light pollution In order to protect existing and future residents from any adverse effects of light pollution arising, it is considered necessary to attach a condition requiring the submission, written approval and implementation of a detailed external lighting scheme. Impact of Construction Phase Given the proximity of neighbouring dwellings I consider it necessary to restrict hours of construction to 08:00 am to 18:00 pm Mondays to Fridays and 08:00 to 13:00 on Saturdays and it is recommended that a condition be imposed to that effect. 81 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 Noise Given the site's proximity to a busy radial road traffic route, a railway line and industrial uses the Strategic Director of Environmental Services has recommended that a condition be attached to any consent requiring the submission, written approval and implementation of a noise assessment and appropriate acoustic attenuation measures to protect the amenity of future occupants. I also recommend that a condition be imposed restricting hours of construction (see above). Subject to the imposition of the conditions detailed above, I have no objection to the application on noise grounds. Contaminated Land UDP Policy EN16 states that development proposals on sites known or thought to be contaminated will require the submission of a site assessment as part of any planning application, identifying the nature and extent of the contamination involved, the risk it poses to future users/occupiers of the site, and the practical remedial measures proposed to adequately deal with the contamination. UDP Policy EN18 states that development will not be permitted where it would have an unacceptable impact on surface and ground water in terms of quality, level or flow. Given the site’s former use as a petrol filling station, the applicant submitted a number of site investigation and contamination reports that detail the extent of contamination and the remediation measures already undertaken on site. Both The Environment Agency and the Strategic Director of Environmental Health have reviewed these documents and although no in principle objections have been raised it is considered necessary to require the submission and written approval of further studies, surveys and reports to address all outstanding issues and concerns given the proposed sensitive residential use. I therefore recommend that a condition be imposed accordingly. I am satisfied that, subject to compliance with the condition, there would be no unacceptable detrimental impact as a result of the existing ground conditions and I consider that the application accords with the above policies. Crime Prevention UDP Policy DES10 states that development will not be permitted unless it is designed to discourage crime, anti-social behaviour and the fear of crime. Further detailed policies and guidance are provided in the adopted Design and Crime Supplementary Planning Document. In accordance, with the Design and Crime SPD, the Greater Manchester Police Architectural Liaison Officer (ALO) has reviewed the proposals and has raised no objection in principle but wishes to see secure rear doors on townhouses at the front of the site, secure but visually permeable rear boundary fencing to ensure car parking areas are overlooked and secure boundary fencing around the perimeter of the site. In response, the 82 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 applicants have amended their proposals to address the points raised. Issues relating to the provision of fences and gates within the site will be revisited when detailed landscaping are submitted for approval. Given the above, I am satisfied that all reasonable and appropriate crime prevention measures have been incorporated into scheme in accordance with policy objectives. Access and Parking Provision UDP Policy A2 – Cyclists, Pedestrians and the Disabled requires development proposals to make adequate provision for safe and convenient access by the disabled, pedestrians and cyclists through the protection and improvement of key routes. UDP Policy A8 – Impact of Development on the Highway Network states that development will not be permitted where it would compromise highway safety by virtue of traffic generation and access. UDP Policy A10 – Provision of Car, Cycle, and Motorcycle Parking in New Developments 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. UDP Policy DES2 – Circulation and Movement requires the design and layout of new development to be fully accessible to all people, maximise the movement of pedestrians and cyclists to, through and around the site, enable pedestrians to navigate their way through an area by providing appropriate views, vistas and transport links, enable safe, direct and convenient access to public transport facilities and other local amenities and minimise potential conflicts between pedestrians, cyclists and other road users. The proposals have been reviewed by the Council’s Highway Engineers who have raised no objection on highway safety grounds. I am therefore satisfied with the application in this regard. One dedicated parking space has been provided per unit (100%) and given the close proximity of public infrastructure I consider this level of provision sufficient to meet the needs of the development, in full accordance with UDP Policy A10. Nonetheless, given the need to ensure sufficient parking provision is made for the future residents I consider it necessary to attach a condition requiring the parking provision proposed to be made available before any of the proposed townhouses are occupied and thereafter remain available for use by future residents. The provision of back gardens provides secure, off-street storage spaces for cycles. In terms of access for people with disabilities, 18 of the 22 car spaces are of sufficient size to be used by people with mobility impairments. All of the proposed houses would be built to Lifetime Home standards with level entrance thresholds, minimum door and hallway widths of 900mm and entrance levels WCs. Externally dropped kerbs would be installed to 83 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 provide access from the parking court and tactile paving would be provided at pedestrian crossing points. I am therefore satisfied that the development would be accessible to all in accordance with UDP Policies A2, A10 and DES2 in this regard. Planning Obligations UDP Policy H1 requires new housing development to make adequate provision for open space and be consistent with other UDP policies. UDP Policy H8 states that planning permission will only be granted where adequate and appropriate provision is made for formal and informal open space and its maintenance over a twenty year period. Such provision is required either as part of the development or through an equivalent financial contribution to fund off-site provision. This policy refers to access to recreational land and facilities standards set out in UDP Policy R2. UDP Policy DEV5 states that development that would have an adverse impact on any interests of acknowledged importance, or would result in a material increase in the need for infrastructure, services, facilities and/or maintenance, will only be granted planning permission subject to planning conditions or planning obligations that would ensure adequate mitigation measures are put in place. The adopted Planning Obligations Supplementary Planning Document requires major residential developments of 10 dwellings or more to ordinarily contribute towards the provision, improvement and maintenance of open space and recreation facilities at a level of £598 per bedspace, together with £1,500 per dwelling for public realm, infrastructure and heritage, £150 per dwelling for construction training and £200 per dwelling for climate change mitigation measures where developments do not achieve ‘very good’ or excellent BREEAM ratings or equivalent. The applicant has agreed in writing to enter into a S106 agreement to deliver commuted sums for open space, environmental improvements, infrastructure and construction training in full accordance with the requirements set out in the Planning Obligations SPD. Given the scheme is required to achieve a ‘very good’ or ‘excellent’ BREEAM rating and that it is recommended that a condition be imposed to that affect, the scheme is exempt from the climate change contribution. The total contribution agreed equates to a financial contribution of £88,924. The Wardley Recreation Ground facing the site on the opposite side of Manchester Road is considered an obvious and appropriate target for the use of the sums secured. The applicant has agreed, in writing, to meet this requirement. I therefore recommend that a condition be attached to any consent to secure the agreed contribution. As such, I am satisfied that the application complies with UDP Policies H1, H8 and DEV5 and the policies contained with the adopted Planning Obligations SPD. Other Issues 84 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The residents of Banbury Mews have expressed concern at the height of the proposed sub station necessary to enable residential development of the site. Sub stations of this size are necessary development that do not require the express the consent of the local planning authority. VALUE ADDED TO DEVELOPMENT The applicant has agreed to make financial contributions of £88,924 in full accordance with the Planning Obligations SPD and associated UDP Policies. CONCLUSION In conclusion, I am satisfied that the scheme accords with the policies of the Development Plan and associated Supplementary Planning Documents. I do not consider that there are any other materials planning considerations that outweigh this view. Subject to the imposition of the following conditions, I recommend that the application be approved accordingly. RECOMMENDATION Approve subject to the following conditions and that the Strategic Director of Customer and Support Services be given authority to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the payment of a commuted sum for improvements to and maintenance of existing open space provision and public realm, infrastructure and heritage improvements and training programmes for local construction workers to the value of £88,924 in accordance with UDP Policy DEV5 and the policies contained within the adopted Planning Obligations Supplementary Planning Document. The heads of terms of the agreement are as follows: £52,624 for the provision and maintenance of open space; £33,000 for the provision or improvement of public realm, infrastructure or heritage features; and £3,300 for training programmes for local construction workers. Conditions 1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 85 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 2. Notwithstanding the approved plans, development shall not commence unless and until samples of the materials to be used on all external elevations, including the roof, of the development have been submitted and approved in writing by the local planning authority. The development shall be constructed using only the approved materials unless otherwise agreed in writing by the local planning authority. 3. The development hereby approved shall achieve a post-construction Eco-Homes/Building Research Establishment Environmental Assessment Method (BREEAM) rating, or equivalent, of 'very good' or 'excellent', unless otherwise agreed in writing by the local planning authority. A post-construction review certificate shall be submitted to and approved in writing by the local planning authority before any of the buildings hereby approved are first occupied, unless otherwise agreed in writing by the local planning authority. 4. A landscaping scheme shall be submitted to and approved by the local planning authority prior to the commencement of the development. The approved scheme shall be implemented in full not later than 12 months from the date the buildings are first occupied and thereafter shall be maintained to the satisfaction of the Local Planning Authority. The scheme shall include full details of trees and shrubs to be planted, walls, fences, boundaries, external bin stores and surface treatments. Any trees removed will be required to be replaced on site on a two for one basis unless otherwise agreed in writing. Any trees or shrubs dying within five years of the initial implementation of the planting scheme shall be replaced to the satisfaction of the Local Planning Authority. 5. No development shall be started until all the trees within (or overhanging) the site, with the exception of those trees clearly shown to be felled on the submitted plan, have been surrounded by substantial fences which shall extend to the extreme circumference of the spread of the branches of the trees (or such positions as may be agreed in writing by the Local Planning Authority). Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing. 6. Notwithstanding the approved plans, development shall not commence unless and until an external lighting scheme has been submitted to and approved in writing by the local planning authority. The approved scheme shall ensure that any lighting fixtures are appropriately selected, aimed and powered to avoid adverse effects on residential amenity. The approved scheme shall be implemented in full prior to the buildings hereby approved being first occupied. 7. The proposed windows in the side elevations of the buildings hereby approved shall contain only obscure glass. 86 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 8. The building works required to implement this development that are audible at the site boundary shall only be carried out between the hours of: - 08:00 hrs to 18:00 hrs Mondays to Fridays; and - 08:00 hrs to 13:00 hrs Saturdays; and - not at all on Sundays and Bank Holidays. 9. Before development commences, an assessment of noise likely to affect the application site shall be submitted to and approved in writing by the local planning authority. The assessment should follow the guidelines set out in PPG24 - Planning and Noise for assessing noise from the surrounding road network including Manchester Road, noise from the nearby Wardley Industrial Estate, the adjacent railway line and any other local noise sources of significance. The assessment shall identify all noise attenuation measures necessary to reduce the noise impact on residential properties to acheive the requirements of British Standard 8233 for internal noise levels. Consideration shall also be given to acheiving adequate summer cooling and rapid ventilation. Once agreed all identified noise control measures shall be implemented in full prior to first occupation of the dwellings hereby approved. 10. Prior to the commencement of the development, the developer shall: a) Submit a site investigation report for the approval of the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and the wider environment; and b) Where necessary, submit a site investigation report to assess the risks to controlled waters for the approval of the Local Planning Authority and in consultation with the Environment Agency. This report should also address points c), d) and e) stated below and must be agreed in consultation with The Environment Agency. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. If, during any works on site, contamination is suspected or found, or contamination is caused, the Local Planning Authority shall be notified immediately. Where required, a suitable risk assessment shall be carried out and/or any remedial action shall be carried out in accordance to an agreed process and within agreed timescales in agreement with the Local Planning Authority. 87 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 A Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the Local Planning Authority. 11. The parking indicated on the approved plans shall be surfaced, demarcated and made available for use prior to first occupation or first use of the buildings hereby approved. The car parking shall thereafter remain available at all times for use by residents. 12. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4) (a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that commuted sums as required by Policy DEV5 of the City of Salford Unitary Development Plan and the policies contained within the Planning Obligations SPD, will be paid to the Local Planning Authority for improvements to and maintenance of existing open space provision and public realm, infrastructure and heritage and training programmes for local construction workers. (Reasons) 1. Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. Reason: To safeguard the amenity, appearance and character of the area in accordance with Policy DES 1 of the City of Salford Unitary Development Plan. 3. Reason: In the interests of resource conservation and environmental sustainability. This is in accordance with Policy ST14 of the City of Salford Unitary Development Plan 2004-2016. 4. Reason - To ensure that a satisfactory landscaping scheme is carried out. This is in accordance with Policies DES9, EN12, DES2, DES3 and DES4 of the City of Salford Unitary Development Plan 2004-2016 and the City of Salford Trees and Development Supplementary Planning Document. 5. Reason - To ensure trees to be retained are adequately protected. This is in accordance with Policy EN12 and DES9 of the City of Salford Unitary Development Plan 2004-2016 and the City of Salford Trees and Development Supplementary Planning Document. 6. Reason: To safeguard the amenity of the neighbouring residents in accordance with Policy DES7 and EN17 of the City of Salford Unitary Development Plan 2004-2016. 88 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 7. Reason: To safeguard the privacy of neighbouring residents in accordance with Policy DES7 of the City of Salford Unitary Development Plan 2004-2016. 8. Reason: To safeguard the amenity of local residents. This is in accordance with Policy EN17 of the City of Salford Unitary Development Plan. 9. Reason: To safeguard the amenity of future residents in accordance with Policy DES7 and EN17 of the City of Salford Unitary Development Plan 2004-2016. 10. Reason: In the interests of public safety and to minimise negative environmental effects in accordance with Policy EN16 of the City of Salford Unitary Development Plan. 11. Reason: To ensure that adequate provision is made for the parking of vehicles on the site in accordance with Policy A10 of the City of Salford Unitary Development Plan 2004-2016. 12. Reason: To ensure that the development hereby approved is successful and sustainable and that it meets the need for new and improved facilities and infrastructure it generates. This is in accordance with Policy DEV5 of the City of Salford Unitary Development Plan 2004-2016. Note(s) for Applicant 1. For the avoidance of doubt this permission relates to the following plans: Site Location Plan (numbered 5845/S08 Rev E) Proposed Site Plan (numbered 5845/S16 Rev A) Proposed Elevations A and B (numbered 5845/S17 Rev A) Proposed Elevations C, D and E (numbered 5845/S19 Rev A) 2. The Environmental Services Directorate can be contacted on 0161 737 0551 for further discussions concerning the assessment of noise and subsequent mitigation measures at this site. APPLICATION No: 07/54610/COU APPLICANT: Miss J Cameron LOCATION: Unit 4 Fairhills Road Industrial Estate Tallow Way Irlam M44 6RJ 89 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 PROPOSAL: Change of use from warehousing/offices to childrens soft play warehouse WARD: Cadishead DESCRIPTION OF SITE AND PROPOSAL The application relates to an industrial unit located within the Fairhills Road Industrial Estate on the south side of Tallow Way in Irlam. The site is bounded to the west by a Tesco Superstore to the east and industrial uses to the surrounding areas. The application is for the change of use of the site from warehousing/ offices to a children’s soft play warehouse. The application site contains two car parks, the smaller of the two car parks is already marked out for 18 car parking spaces, the larger of the two car parks is currently used as a service yard for HGV’s it is proposed that this service yard could be used for an additional 38 car parking spaces. SITE HISTORY Although not directly related to the site, this application is linked to two previous applications by the applicant at Unit 5 Fairhills Road Industrial Estate: An application for the change of use of the unit to a children’s play warehouse was refused in September 2006 (06/53131/COU) An application for the change of use of the unit to a children’s play warehouse was withdrawn in June 2006 (Ref 06/52634/COU) CONSULTATIONS Director of Environmental Services – no comments received to date PUBLICITY A site notice was displayed on 15th May 2007 The following neighbour addresses were notified: Unit 1, 2, 3 Tallow Way Fairhills Road Industrial Estate, Tesco Stores Ltd, Fairhills Industrial Estate Akzo Nobel Inks Ltd, Soapstone Way, Irlam REPRESENTATIONS 90 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 I have not received any letters of representation / objection in response to the planning application publicity. Councillor Mann has requested that Panel consider this application as he supports the application as he feels the introduction of a children’s play warehouse would be beneficial to the local community. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DES7 Amenity of Users and Neighbours E5 Development within established employment areas A2 Cyclists. Pedestrians and the disabled A10 Provision of Car, Cycle and Motorcycle Parking in New Developments PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of the development is acceptable and whether there would be sufficient car parking provided for users of the proposed children’s play warehouse. Policy E5 of the adopted UDP sets out criteria for when planning permission will be granted for the reuse or redevelopment of sites or buildings within an established employment area for non-employment uses. It states that planning permission will only be granted where the development would not compromise the operating conditions of other related employment uses, and where one or more of the following apply: a) The developer can demonstrate there is no current or likely future demand for the site for employment purposes b) There is a strong case for rationalizing land uses or creating open space c) The development would contribute to the implementation of an approved regeneration strategy or plan for the area d) The site is allocated for another use in the UDP. It is not considered that the introduction of a children’s play area in this unit would compromise the operating conditions of the other units within the industrial estate and therefore I am satisfied that the application complies with the first part of policy E5. The applicant has provided the following information in support of their application: The current company occupies both units 3 and 4 Tallow way, employing a total of 22 staff. A portion of the company is being relocated to Luton (storage/ warehousing and distribution) and the design, sales, finance and administration departments will still be located in unit 3. 91 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The indoor play centre is a much-needed facility within the Irlam and Cadishead area and would attract visitors from the surrounding districts of Culcheth, Lymm, Woolston, Eccles and Worsley. According to a MIDAS search there are a total of 35 new units that will become available within the Fairhills Road area. In addition there are a further 11 units within the area that have been marketed for over 12 months. A letter from a surveyors stating that the following marketing of the site has been undertaken since December 2006, the erection of a marketing board, advertisement in housing brochures and in the Manchester Commercial Property Register, included on the MIDAS database and direct mailing. The surveyors have confirmed that the only interest received to date in regards to the site is from the applicant. The recently adopted Development Control Practice Note ‘Development within Established Employment Areas’ Adopted by the City Council on 12th February 2007 clearly sets out what information is required by the applicant in order to demonstrate that there is no current or future demand for the unit. The requirement under this adopted policy note requires the applicant to undertake a full market appraisal by a qualified person. As a minimum it is required that the appraisal consists of an assessment of the current availability and demand for the type of employment land in question and an assessment of the financial viability of re-using, refurbishing or redeveloping the site and/or buildings for other employment purposes. The policy note sets out in detail the specific level of information required to satisfy this criteria. I am of the opinion that the evidence provided by the applicant is insufficient to satisfy criterion a) of policy E5 and is therefore inadequate to allow an assessment to be made of whether there is any current or future demand for the use of the site for employment purposes. In the absence of such information and the applicants failure to satisfy any of the other criteria which justify the redevelopment of sites or buildings within an established employment area for non-employment uses there is a principled objection to the proposed change of use on the basis that it would result in the loss of employment land, contrary to policy E5 of the adopted UDP. Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. A total of 56 car parking spaces are to be provided on site. Apendix C of the UDP identifies the maximum car parking provision for this site to be 1 space per 25 sq m, this equates the a maximum of 60 car parking spaces, the proposed development is within the maximum limits. The applicant has stated that it is anticipated that a total of 60 vehicles would visit the site in an average day. It is considered that the car parking provision on the site is adequate. Policy A2 requires that development proposals make adequate provision for safe and convenient access by the disabled, pedestrians and cyclists. The application site is situated within the middle of an industrial estate; it is therefore reasonable to expect heavy goods vehicles to be travelling around the site. In addition, development is underway on a nearby site for the creation of 34 new B1, B2 and B8 units which will increase the amount of traffic 92 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 on Soapstone Way. It is considered that although the site is accessible by car, significant pedestrian/ vehicle conflicts will be created by those trying to enter the site on foot or by cycle. Therefore the proposed application is contrary to policy A2. CONCLUSION Overall, I do not consider that sufficient justification has been provided to clearly demonstrate that there is no current or likely future demand for the site or building for employment purposes. As such I consider that this proposal would be contrary to policy E5 of the adopted UDP. In addition the proposed development would give rise to significant pedestrian/ vehicle conflicts and therefore would be contrary to policy A2 of the Adopted UDP RECOMMENDATION: Refuse For the following Reasons: 1. The proposed development would result in the loss of an employment site leading to a material shortfall in the range of sites available for economic development. As such the proposal would be contrary to Policy E5 of the adopted City of Salford Unitary Development Plan. 2. The proposed pedestrian access to the site from the surrounding area would be detrimental to the safety of pedestrians, thereby being contrary to policy A2 of the Adopted City of Salford UDP. APPLICATION No: 07/54606/FUL APPLICANT: Punch Taverns LOCATION: Blue Bell 41 Monton Green Eccles M30 9LL PROPOSAL: Erection of canopy to external eating/drinking area to the front, construction of decking, fencing and planting area to the front. WARD: Eccles 93 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 DESCRIPTION OF SITE AND PROPOSAL The proposal relates to The Bluebell Pub on Monton Green. To the west of the Bluebell there are offices and to the east there are residential properties. There are also residential properties to the front and rear of the premises. The site lies to the south of the Monton Green Conservation Area. The application proposes the erection of an external canopy to the front of the site. This would be a goal post awning measuring 8 metres wide, 4 metres deep with a maximum height of 2.3 metres. SITE HISTORY 04/49180/ADV – Display of various externally illuminated and non-illuminated advertising signs – Permitted. CONSULTATIONS The Director of Environmental Services advises that the canopy will also double as a smoking shelter and is compliant with the legislation relating to these. There have been previous noise complaints regarding the Blue Bell and there is a current file open. Indications are that the current problem relates to noise from persons leaving the premises. As there are existing facilities outside, it is difficult to argue against having external shelters with those facilities. It is noted that the existence of the shelters may increase the likelihood of noise from patrons however it will not be possible to effectively condition noise from patrons. It would be feasible to require the management to undertake works or demonstrate steps to minimise a reduction in amenity for the neighbouring residential properties. PUBLICITY A site notice was displayed on 9th May 2007. A press notice was published on 24th May 2007. The following neighbour addresses were notified: 37-39 Monton Green 8 – 16 (evens) Monton Green 20 Monton Green 43 – 49 (odds) Monton Green 9 – 23 (odds) Mirfield Drive 214, 2A 214 Mirfield Drive REPRESENTATIONS 94 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 6 letters of objection have been received in response to the application publicity. The following concerns have been raised: Countless complaints have already been made on the grounds of public disorder, disturbance and licensing hours; The proposed works are disproportionate to the needs of customers; Garden areas connect to the seating area at the rear; The canopied areas will be used as smoking sheds; Increased noise and nuisance; Shelters will provide an area in which those who have left the inside of the pub are able to linger for an extended period; Will bring about a significant extension to the pub’s capacity; Proximity to the busy and potentially dangerous highway will pose safety risks; A bus stop style canopy is suggested at the side; and Residents have met with the licensee and 3 possible solutions are put forward, that the awning at the front be retracted at 9:30, that no drinks will be allowed outside after 9:30 and that no heaters be placed in the awning. REGIONAL SPATIAL STRATEGY DP3: Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None. Other policies: DES1 – Respecting Context EN17 – Pollution Control PLANNING APPRAISAL The main issues to be considered in the determination of this application are the design and appearance of the proposal including its impact on the adjacent Conservation Area and the impact on the amenities of neighbouring residential properties. Design and Appearance Policy DES1 considers that development will be required to respond to its physical context, respect the positive character of the local area in which it is situated, contribute towards local identity and distinctiveness. 95 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 The Bluebell pub is located to the south of the Monton Green Conservation Area. A decking area is proposed to the front elevation. The existing fence is constructed of brick with black metal railings inserted within it. It is proposed that the railings be replaced with timber. These measures would represent an improvement in terms of design and would therefore not have an adverse impact on the streetscene. The proposed canopy would have a single post at each end and a connecting rail to give a ‘goal post’ structure under the canopy and will be covered in fabric. I am of the opinion that the proposed canopy would not have an adverse impact upon the street scene as it would be of an appropriate size and scale for the building and as such it would not detract from the character of the conservation area either. A condition would be attached to any planning consent requiring the submission of materials to be used for the canopy roof to ensure that they are of an appropriate quality and colour. A further condition would be attached ensuring that details of the colour of the posts be submitted. The proposal therefore accords with policy DES1 of the UDP. Amenity Policy EN17 relates to pollution control and considers that development proposals that would be likely to cause or contribute towards a significant increase in pollution by way of noise, will not be permitted. Policy DES7 considers that all new development will be required to provide potential users with a satisfactory level of amenity, in terms of space, sunlight, daylight, privacy, aspect and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments. The established planning use of the premises is as a public house with existing outdoor seating to both the front and rear. This application does not therefore relate to the use of the premises or outdoor areas, it simply relates to the erection of a canopy to the front of the premises. The original application included the erection of a canopy to the rear of the premises but amended plans have been received omitting this element of the proposal. A landscaped planting area is proposed to the front elevation adjacent to the boundary with the nearest residential property 43 Monton Green, this would provide an element of screening for this property. The canopy to the front would be situated 15 metres from the nearest residential property 43 Monton Green to the east and as such would not have a materially significant impact on the amenities of neighbouring properties. The proposal therefore accords with policies DES7 and EN17 of the UDP. VALUE ADDED TO DEVELOPMENT The canopy proposed to the rear has been removed and no longer forms part of the application. 96 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 CONCLUSION The proposed canopy would not have an adverse impact upon the street scene, the adjoining conservation area or on the residential amenity currently enjoyed by neighbouring residents. It is therefore in accordance with policies DES1, DES7 and EN17 and consequently I recommend that the application be approved. A press notice was not published until 24th May 2007 and the publicity period will not expire until 14th June 2007. It is recommended that if the Panel are minded to approve this application that decision is delegated to the Chair plus one other member of the Panel unless objections are received from local residents that raise any new issues. If objections are received that raise new issues the application will be brought back to the next meeting of the Panel on 21 June 2007 to allow the consideration of any representations received during the publicity period. 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 and details of the materials for the proposed canopy roof 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 development, full details of the colour of the canopy posts hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The canopy posts shall be powder coated in the approved colour prior to their installation. 4. Prior to the commencement of development, full details of the proposed fence to the front elevation shall be submitted. The fence shall thereafter be constructed before the development is brought into use. 5. Prior to the commencement of development, full details of the proposed decking including details of the height shall be submitted to and approved in writing by the Local Planning Authority. The decking shall thereafter be constructed before the development is brought into use. 6. Prior to the commencement of development, full details of the proposed planting area including the planting boxes and the shrubs to be planted shall be submitted to and 97 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 approved in writing by the Local Planning Authority. The planting area shall thereafter be constructed before the development is brought into use and shall be maintained to the satisfaction of the Local Planning Authority. (Reasons) 1. Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of Salford Unitary Development Plan. 3. Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of Salford Unitary Development Plan. 4. Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of Salford Unitary Development Plan. 5. Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of Salford Unitary Development Plan. 6. Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of Salford Unitary Development Plan. Note(s) for Applicant 1. This permission does not grant consent under the Town and Country Planning (Control of Advertisements) Regulations 1992 for the advertisement(s) shown on the submitted plan, nor does it imply that such consent would be forthcoming. 98 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 99 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 7th June 2007 100