PLANNING & TRANSPORTATION REGULATORY PANEL
PART I
SECTION 1: APPLICATIONS FOR PLANNING PERMISSION
16 September 2010
APPLICATION No:
10/59187/HH
APPLICANT:
Mr Neil Branchflower
LOCATION:
9 Rattenbury Court, Salford, M6 7RU,
PROPOSAL:
Erection of a first floor rear extension
WARD:
Claremont
Description of Site and Surrounding Area
This application relates to a mid terraced property on Rattenbury Court, Salford 6. The area is
predominantly residential in nature with a mix of house types. Rattenbury Court is made up of four
blocks of three terraced properties and one block of four terraced properties. The application property
has an existing single storey rear extension as do the adjoining properties. Boundary treatment to the
side and rear boundaries consists of 1.9m high fencing.
The Rattenbury Court development was built in the mid 1980's. Prior to the housing development
being built the site was occupied by a number of garages. No.6 Park Lane pre-dates the Rattenbury
Court housing development. No.6 Park Lane was situated in substantial grounds. Three properties on
Rattenbury Court (No 8, 9 and 10) face 6 Park Lane at a distance of approximately 18.4m away. The
remaining properties in this row of Rattenbury Court faced the side gardens of No.6. In 1998 outline
planning permission was granted for the erection of a single dwelling on land adjacent to 6 Park Lane.
Full planning permission was then granted for a dwelling, now known as 4a Park Lane. 4a Park Lane
faces 5 and 6 Rattenbury Court. The seperation distances between the properties is approximately
18m. In 2006 a further planning permission was approved for the erection of a dwelling to the rear of
11, 12 and 14 rattenbury Court. The proposed dwelling was approved with a seperation distance of
21m from these properties. To date this permission has not been implemented and has now expired.
Description of Proposal
Permission is sought for the erection of a first floor rear extension.
The proposed extension would be sited on top of the existing single storey rear extension. It would
project 3m from the main rear elevation of the existing dwelling and would be 3.66m in width. It
would be 6m in height at its highest point from ground level with a hipped roof.
Internally the proposed development would accommodate two bedrooms.
Site History
The site has no previous planning history.
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Neighbour Notification
Neighbours notified: 3/8/10
The following neighbour addresses have been notified:
8 and 10 Rattenbury Court
6 Park Lane
Councillor Owen has requested that the application be determined by the Planning and Transportation
Regulatory Panel for the following reasons:
"The application should go to panel for a fair adjudication also we have given these people advice
which they have followed. These are special circumstances."
Representations
None received to date
Planning Policy Framework
Development Plan Policy
Unitary Development Plan - Policy DES1 - Respecting Context
Unitary Development Plan - Policy DES7 - Amenity of Users and Neighbours
Unitary Development Plan - Policy DES8 - Alterations and Extensions
Other Material Considerations
Supplementary Planning Document - House Extension
Appraisal
The main issues for consideration with this application are the impact of the proposed extension on the
amenity of the surrounding and future residents, and the impact of the proposed development on the
character of the area.
Design
UDP Policy DES1 states that development will be required to respond to its physical context and
respect the positive character of the local area in which it is situated and contribute towards a local
identity and distinctiveness.
UDP Policy DES8 states that planning permission will only be granted for alterations or extensions to
existing buildings that respect the general scale, character, rhythm, proportions, details and materials
of the original structure and complement the general character of the surrounding area.
The proposed development would not be visible from the road as it would be sited to the rear of the
property.
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It would be approximately 1.4m lower than the main dwelling therefore appearing subordinate. It is
considered that the proposed development is of appropriate design and would be in keeping with the
character and appearance of the existing dwelling and the surrounding area.
It is considered, therefore, that the proposal would not look out of place or have a significant effect on
the character of the area nor would it be an incongruous feature in the residential context in accordance
with policies DES1 and DES8.
Amenity
UDP Policy DES7 states that alterations and extensions to existing buildings will be required 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 occupiers or users of other developments.
Policy HE1 of the House Extensions SPD states planning permission will not normally be granted for
extensions that do not maintain a minimum distance of 21m between facing principal windows of
habitable rooms and a minimum distance of 10.5m between the principal window of any habitable
room of the proposed extension and the common boundary with the facing property if applicable.
Policy HE6 of the House Extensions SPD states planning permission will normally be granted for a
two storey extension or first floor extension along the common boundary where the adjoining dwelling
has an existing single storey extension provided that: the first floor does not project beyond the
neighbour’s ground floor extension and the first floor does not project beyond a 45 degree line from
the mid point of a first floor principal window of a habitable room in the neighbouring dwelling or a
point 3m along the common boundary from the rear elevation of the adjoining or adjacent dwelling.
Policy HE7 of the House Extensions SPD states in the absence of an extension along the common
boundary of the adjoining dwelling planning permission will normally be granted for a two storey/first
floor extension provided its projection is equal too or less than its distance from the nearest common
boundary.
The rear elevation of the proposed extension would introduce two bedroom windows. Currently the
distance between the first floor of the application site and 6 Park Lane is 18.4m and 7.2m to the rear
boundary. The distance that would be maintained if the extension was built would be 4.2m to the rear
boundary and 15.4m to 6 Park Lane. The separation distance between the application site and the
property to the rear is currently less than 21m. The proposed extension would reduce this distance by
a further 3m.
It is recognised that the existing relationship between the application property and No.6 Park Lane is
currently less than 21m. In addition it is recognised that planning permission was granted for a
dwelling in 1998 and 2000 (now 4a Park Lane) that also had a distance of less than 21m between the
properties. However the House Extension Supplementary Planning Document was adopted in July
2006. The document contains a number of policies that relate to house extensions and the minimum
standards required to overcome issues of privacy, loss of light and loss of amenity generally. Given
the proposal would only maintain a distance of 15.4m, which is considerable less than the usual
standard it is considered the proposal would result in an unacceptable loss of privacy to the occupiers
of both the application site and the property to the rear contrary to policy DES7 of the Unitary
development Plan and HE1 of the House Extension SPD.
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It is considered therefore that the proposed development would result in an unacceptable loss of
privacy to the occupiers of 6 Park Lane contrary to policy DES7.
The side gables of the proposed extension would introduce no windows.
The adjoining property, 8 Rattenbury Court has a single storey rear conservatory adjacent to the
common boundary with the application site. The proposed first floor extension would project
approximately 0.6m beyond its rear elevation and would maintain a distance of 0.5m from its side
elevation. The side/rear corner of the conservatory is cut off at a 45 degree angle and as such the
windows in the rear elevation of the conservatory would be set in 1.3m from the side gable of the
proposed extension. The garden area adjacent the rear corner of the conservatory is very small and is
unlikely to provide significant amenity value to the occupiers of the property especially given that the
main garden area to the rear also provides an adequate sized area of private amenity space. The
proposed first floor extension would not project beyond a 45 degree line taken from a point 3m along
the common boundary from the main rear elevation of 8 Rattenbury Court.
The other adjoining property, 10 Rattenbury Court has a single storey rear extension adjacent to the
common boundary with the application property. The proposed first floor extension would not project
beyond the rear elevation of the extension at number 10 nor would it project beyond a 45 degree line
taken from a point 3m along the common boundary from its rear elevation.
It is considered, therefore, that the proposed development would not result an unacceptable loss of
light or be overbearing to the occupiers of surrounding properties in accordance with policies HE6 and
HE7.
Conclusions/Summary
It is considered that the proposed development would not result in an unacceptable detrimental impact
on the street scene, however it is considered that the proposed development would result in an
unacceptable loss of privacy to the occupiers of 6 Park Lane contrary to policy DES7 of the UDP. It is
considered that the proposed development would not result in an unacceptable detrimental impact on
the occupiers of other surrounding properties.
Recommendation
Refuse
1.
The proposed development by reason of its size, siting and incorporation of habitable room
windows within 21m of the opposing property would result in an unacceptable loss of privacy to
the occupiers of 6 park Lane contrary to Policy DES7 of the Adopted Unitary Development Plan
and HE1 of the House Extension SPD.
Notes to Applicant
1.
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Please note this refusal relates to drawing number 1009-01.
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APPLICATION No:
09/58343/DEEM3
APPLICANT:
Salford City Council
LOCATION:
Bracken Avenue, Worsley, M28 3FY,
PROPOSAL:
Erection of 12 no. two-storey houses and 4 bungalows together
with access road and allotments
WARD:
Walkden North
Description of Site and Surroundings
This scheme relates to a former special needs school in Walkden. This site has been cleared although
the slab of the former buildings together with car parking areas and sub station are still evident.
The site is located within a predominantly residential area and is bounded by houses to the north, east
and south. To the west is a park and open space. The houses in the locality are typically two storey
semi detached properties although to the south (on Manchester Road) are terrace properties.
Description of Proposal
This proposal seeks to erect 12 two storey houses and 4 bungalows. Each house would have three
bedrooms and each bungalow would have two bedrooms. A new street is proposed and each dwelling
would have an off street car parking space and be orientated to face the street. Allotments are also
proposed to the west of the site together with a new substation.
The housing is proposed as part of the nation wide Central government ‘Housing Pledge’ programme,
with funding direct from the Homes & Communities Agency (HCA), through a Social Housing Grant
(SHG). The application therefore, is the subject of a housing programme by Salford City Council, who
have established a simple model to fund, rent and manage the properties. This proposal forms one of
ten similar projects across the city and comprises 100% affordable housing.
Each dwelling would be predominantly brick with contrasting elements of brick detailing. The
southern slope of each roof would include solar panels. Each dwelling would have front and rear
gardens together with off street car parking provision. Car parking is also proposed for the allotment
provision.
The dwellings would be located on each side of the new street and would comprise a mix of houses
and bungalows on each side.
Relevant Planning History
There is no relevant planning history relating the provision of residential provision on this site.
Planning permission was approved in 2002 for the erection of single storey extension
(02/44297/DEEM3) which has now also been demolished.
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Publicity
Site Notice: Article 8 site notice
Reason: Article 8
Date Displayed: 24 November 2009
Press Advert: Salford Advertiser
Date Published: 14 December 2009
Reason: Article 8 Standard Press Notice
Neighbour Notification
The following neighbouring properties have been notified of the application:
4 Bracken Avenue
3A - 19A Brookside Crescent
1 -13 Larkside Avenue
158 - 204 Manchester Road
1 - 25 (o) Sharp Street
Representations
1 letter of objection has been received in response to the application publicity. The following issues
have been raised:
The noise and disturbance of construction vehicles
Impact of traffic upon Sharp Street
Consultations
Greater Manchester Ecology Unit - No objection
Design For Security - Some concerns have been raised regarding aspects of the submitted scheme
which has been addressed by the revised details. They conclude, " I am happy to support this
application"
Main Drainage - No objection subject to conditions relating to drainage, surface water and minimum
floor levels
Highways - No objection
Environment Agency - No objection subject to conditions relating to finish floor levels and surface
water regulation
Urban Vision Environment - no objection subject to the inclusion of a condition relating to site
investigation and remediation together with conditions relating to control of noise and acoustic
fencing.
United Utilities - No objection but provide advice relating to drainage (on a seperate system) foul
drainage, surface water and discharge rates.
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Planning Policy Framework
Development Plan Policy
Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan Unitary Development Plan -
Policy ST1 - Sustainable Urban Neighbourhoods
Policy ST12 - Development Density
Policy H1 - Provision of New Housing Development
Policy H4 - Affordable Housing
Policy DES1 - Respecting Context
Policy DES2 - Circulation and Movement
Policy DES3 - Design of Public Space
Policy DES7 - Amenity of Users and Neighbours
Policy DES9 - Landscaping
Policy EN9 - Wildlife Corridors
Policy DES10 - Design and Crime
Policy EN17 - Pollution Control
Policy ST14 - Global Environmental
Other Material Considerations
Planning Policy Statement - PPS3 Housing
Supplementary Planning Document - Nature Conservation and Biodiversity
Supplementary Planning Document - Design and Crime
Supplementary Planning Document - Trees and Development
Supplementary Planning Document - Planning Obligations
Supplementary Planning Document - Sustainable Design and Construction
Supplementary Planning Document - Design
Appraisal
The main planning issues to be considered in the determination of this application are:
•
The principle of development;
•
The design and appearance;
•
Crime Prevention;
•
Addressing Climate Change;
•
The impact of the development on the amenity of neighbouring occupiers and future occupants;
•
Trees and ecology ;
•
Noise, air quality and contaminated land;
•
Drainage and Flood Risk;
•
Transportation, Parking and highway safety; and
•
Whether an appropriate planning contribution should be provided.
Principle
(1) Location
One of the criteria to be considered under paragraph 5 of PPS1 (Delivering Sustainable Development)
states that “Planning should facilitate and promote sustainable and inclusive patterns of urban and rural
development by ensuring that development supports existing communities and contributes to the
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creation of safe, sustainable, liveable and mixed communities with good access to jobs and key
services for all members of the community”.
The government further expresses the need to focus development in sustainable locations under PPS3
(Housing) which makes reference back to PPS1 and the need for housing development to comply with
the key principles of sustainable development. At its core is the need for housing to be well connected
and located in accessible locations, providing future residents with good socio-economic opportunities.
UDP Policy ST1 (Sustainable Urban Neighbourhoods) encourages development that creates
sustainable neighbourhoods in the urban areas of the city.
The application is located within the built up area of the City in close proximity to bus routes offering
connections to the nearby centres of Walkden and Swinton. The location is considered to be
sustainable and as such the development is fully in accordance with the above national and local policy
objectives.
(2) Previous use of site
A further test of the sustainable credentials of a site are addressed under PPS1 paragraph 21 which
states that “The broad aim should be to ensure that outputs are maximised whilst resources used are
minimised” (for example, by building houses at higher density on previously developed land, rather
than at low density on Greenfield sites).
Clearly, the site is previously developed as the existing buildings are still in use and evident on site.
The proposal complies with the PPS’s identification of suitable housing sites, which includes
“additional housing in established residential areas” (paragraph 38) and the criteria for effective use of
land “A key objective is that Local planning Authorities should continue to make effective use of land
by re-using land that has been previously developed" (paragraph 40).
The density of the area for housing (excluding the allotment provision) exceeds 30 dwellings per
hectare,
As the application proposes the re-sue of previously developed land within a predominantly residential
area, it is considered to be a suitable location for development of housing and whilst recent
amendments to PPS3 have removed the minimum density requirement it is considered an efficient use
of the site.
(3) Housing Mix (Tenure, Type & Accommodation)
Paragraph 23 of PPS3 (Housing) states that “Developers should bring forwards proposals for market
housing which reflects demand and the profile of households requiring market housing, in order to
sustain mixed communities. Proposals for affordable housing should reflect the size and type of
affordable housing required”.
UDP Policy ST2 (Housing Supply) requires control over the type of housing delivered. The Housing
Planning Guidance (2006) provides clearer advice concerning this control over type of housing
through Policy HOU1. This policy states that “Within West Salford the majority of dwellings within
new development should be in the form of houses rather than apartments, in order to protect the
existing character of the areas and reflect the generally lower levels of accessibility compared to other
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parts of the city”. Policy HOU2 of the Guidance goes on to state that “The majority of new houses
should have at least three bedrooms”. As such it is considered to accord with policy HOU2.
The scheme comprises 12 two storey semi detached houses each with three bedrooms and 4 detached
bungalows with two bedrooms each. As stated earlier all of the proposed would be affordable.
The development plans for Salford and national advice seeks the delivery of affordable housing in
major schemes. UDP Policy H4 (Affordable housing) is the most relevant in this instance and is
supported by a suite of policies in the Housing Guidance document (HOU3 and HOU4). As the
scheme includes 100% affordable housing it is considered that the proposals accords with the policies
identified above.
It is considered, therefore that the principle of residential development is fully in accordance with
national advice and the development plan for Salford.
Housing Need
The Homes and Community Agency is the single, national housing and regeneration agency for
England. Their role is to create opportunity for people to live in high quality, sustainable places. They
provide funding for affordable housing, bring land back into productive use and improve quality of life
by raising standards of the physical and social environment.
A £1.5billion Housing Pledge was announced in June 2009 as part of the Building Britain’s Future
scheme. This funding pledge came in addition to that announced through the 2009 Budget, where £100
million was identified for local authorities to deliver new council homes for social rent. It is
anticipated that there will be 3,900 homes developed nationally with this fund. This scheme is the
final scheme of ten submitted bids seeking to benefit from this funding. The nine other schemes have
the benefit of planning permission and are currently under construction.
Salford’s Housing Planning Guidance indicates that, “Salford is increasingly being faced with
affordability problems in its housing markets...these worsening problems of affordability are
potentially highly damaging for the city.” The Salford Affordable Housing Strategy (2006) and Update
Report (2007/08) outlines the need for affordable housing in Salford. The report indicates that tackling
the lack of affordable housing issue in Salford is a key priority for Salford’s Strategic Housing
Partnership. Despite this, the growing problem of affordable housing has seen demand for social
housing increase while the volume of affordable social stock has decreased every year from 2001 to
2007. The Affordable Housing Strategy indicates that the number of households on the social waiting
list has increased by 7.2% (from 8,644 in 2000 to 9,269 in 2007), whilst the affordable social stock
supply has decreased by 9.8% (from 40,134 in 2000 to 36,552 in 2007).
Providing affordable housing assists in the creation and maintenance of balanced and stable
communities, where a wide range of housing needs can be met. The Salford Housing Needs
Assessment (2007) revealed that there would be a projected net annual shortfall of 674 affordable
homes in Salford, with 90% of these being for social rented dwellings. The study indicates that the
type and size of property let in the social sector has also changed. Fewer three plus bedroom properties
and houses are becoming available for re-letting indicating that further dwellings of this type are
required. The proposals will increase the supply and quality of affordable housing, increasing the
availability of the affordable housing offer to help meet the growing population forecasts across the
city.
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Little Hulton and Walkden Local Housing Market Assessment (2006) provides an overview of the
housing market needs for the area. The research indicates that there will be an increase in demand for
1, 3 and 4 bed semi detached properties, indicating a rise in the demand for medium sized households.
The study also identified that there will be an increase in demand for properties rented from Registered
Social Landlords. The development will secure improvements in the quality and range of housing,
through the introduction of 3 bedroom properties that will help to attract families to live in Salford.
This approach will assist in achieving Salford’s Housing Strategy aim of providing choice and access
to quality homes for all.
Developing these affordable units will ensure that there is a diverse range of available residential
accommodation, in terms of type, tenure and cost. The planning system, through PPS3 aims to deliver
a, “mix of housing, both market and affordable, particularly in terms of tenure and price, to support a
wide variety of households in all areas.” This process will support the process of social inclusion and
integration.
As a result, the proposal would meet an identified need for 3-bed affordable housing and is considered
to be in accordance with the national, regional and local policies relating to housing.
Design, Scale and Amenity
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 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.
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,
Planning Policy Statement 1 (PPS1) is concerned with ensuring that development is well designed and
adopts the Governments principles of sustainable development.
Paragraph 34 states that “Planning authorities should plan positively for the achievement of high
quality and inclusive design for all development, including individual buildings, public and private
spaces and wider area development schemes. Good design should contribute positively to making
places better for people. 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”.
Planning Policy Statement 3 (PPS3): Housing (2006) identifies under paragraph 12 that good design is
fundamental to the development of high quality new housing, which contributes to the creation of
sustainable, mixed communities. Paragraph 16 goes on to note matters to consider when assessing
design quality in new developments, including, along with other things, whether the proposal:
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•
Is well integrated with and complements the neighbouring buildings and the local area more
generally in terms of scale, density, layout and access;
•
Takes a deign-led approach to the provision of car parking space that is well integrated with a
high quality public realm and streets that are pedestrian, cycle and vehicle friendly; and
•
Creates or enhances, a distinctive character that relates well to the surroundings and supports a
sense of local pride and civic identity.
By Design: DTLR (2001) helps implement the Government’s commitment to good design. It
reinforces the Urban Task Force’s report “Towards an Urban Renaissance” for better-informed urban
design. Page 20 of the document notes that it is important to integrate new development into its setting.
It goes on to address the importance of ensures that adjacent buildings relate to one another.
“Integrating existing buildings and structures into new development can maintain the continuity of the
built fabric as well as retaining buildings of local distinctiveness, historic or townscape merit”.
Proposed buildings scale, massing and height should be considered in relation to that of adjoining
buildings, views and landmarks. “The character of townscape depends on how individual buildings
contribute to a harmonious whole, through relating to the scale of their neighbours and creating a
continuous urban form”.
DES1 (Respecting Context) is also relevant. DES1 requires consideration of issues including scale,
character impact on views and vistas, respecting existing building lines, vertical and horizontal
rhythms and impact upon local identity.
The Planning Design and Access Statement offers a simple overview of how the development relates
to the surrounding context. Members should also note that the scheme has been amended since the
application was submitted to improve elevational treatment and provide increased access to the
allotment area.
The houses all have a simple design which incorporates brick as the predominant material with
brickwork to articulate detail. The mixture of housing and bungalows, together with the siting of the
dwellings to the proposed highway, introduces a rhythm within the roof line and interest to the street
scene.
UDP Policy DES2 (Circulation and Movement), DES3 (Design and Public Space) and DES9
(Landscaping) provide criteria on how the public realm should connect to the wider network of open
space and interface with private realm.
Urban Design Compendium: English Partnerships and the Housing Corporation (2000). The guidance
provides a comprehensive review of how to deliver good quality density, form, architecture and design
of both public and private realm. It promotes the creation of ample open space that is well connected to
the existing space network.
UDP Policy DES7 requires that developments respect sunlight, daylight, aspect and privacy and
general amenity of future occupiers and surrounding occupiers.
The properties on Larkside Avenue to the north of the site comprise two storey houses. The properties
to the west of Larkside Avenue (number 13) are closest to the shared boundary of the site. Those to
the east (lower house numbers) have their rear elevations further from the shared common boundary.
However, the layout of the proposal has had regard to the siting of the neighbouring dwellings on
Larkside Avenue to ensure that the closest relationship between main habitable windows is 22m. The
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closest relationship is between 13 Larkside Avenue and the right hand semi of the final pair to the
north western part of the side. This relationship is 18.5m but is such that the proposed dwelling is not
directly facing the existing dwelling. The proposed dwelling would also main maintain 10m to the
shared common boundary. Therefore, the relationship of the proposal to those properties on Larkside
is considered acceptable due to the positioning of the proposed dwellings.
The proposed dwellings on the south side of the site would maintain more than the Council’s normal
separation distances to the rear of those properties on Manchester Road. There is also a property (172
Manchester Road) which is located behind the main row of properties on Manchester Road adjacent to
the south western corner of the site. This property has its gable parallel to the side boundary, as such
the proposed dwellings are not positioned where they would be directly facing the main aspect of this
property. Therefore, it is not considered that the proposal would result in any loss of privacy to this
dwelling.
Internally the proposal would have a minimum separation distance of 20m which is considered
acceptable. Moreover, future occupiers would enjoy well proportioned individual gardens and access
to allotments adjacent to the neighbouring park.
The development has been designed to achieve a layout that supports sustainable development and
helps secure successful places. All properties will be fully DDA accessible and have been designed to
meet the Lifetime Homes standard, incorporating a fully accessible disabled toilet at ground level and
providing potential for the future installation of a lift and breakout panel between the main bedroom
and bathroom.
In conclusion, it is considered that the layout of the scheme relates appropriately to the surrounding
properties and the design, together with its use of materials, would comply with the relevant design
documents and policies highlighted above whilst safeguarding the amenity of existing and future
residents.
Crime Prevention
UDP Policy DES10 (Design and Crime) does not permit development unless it is designed to
discourage crime, anti-social behaviour and the fear of crime. The Design and Crime SPD (2006)
considers a range of issues in policies that are relevant to this development. These include, footpaths,
walkways and dedicated cycle routes, frontage of buildings, private spaces behind buildings, natural
surveillance, building entrances, lighting, boundary treatment and perimeter gates.
A Crime Impact Statement has been prepared for the proposed development. Advice provided by the
Greater Manchester Police Design for Security Architectural Liaison Officer has been sought and
subsequently incorporated into the design of the proposal in order to ensure that the development can
be built to Secured by Design standards. The proposal would augment natural surveillance in the area
and robust rear boundary treatments can be secured by condition to minimise the likelihood of a
dwelling being subject to a burglary. As a result, it is considered that the proposed development has
been designed to minimise the risk of crime and anti-social behaviour. The proposal is therefore in
accordance with UDP Policy DES10 and the Design and Crime SPD.
Design for Security consultation response confirmed that the Greater Manchester Architectural Liaison
Officer has no objections to the scheme.
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It is considered that the proposal would accord with Policy DES10 of the development plan and would
add additional natural surveillance to the adjoining streets.
Trees
Policy EN13 seeks to ensure that development does not result in the unacceptable loss of, or damage
to, protected trees.
The trees on site are not protected by TPO and the site is not within a Conservation Area. The tree
report which accompanies the application is an accurate representation of the trees on the site. Drawing
No. AR 01-901 which accompanies the report indicates the trees proposed to be removed, retained or
planted on the site as part of the proposed development.
Four of the trees on site (T4, T15, T18 and T21) have been identified as category R, there are no
category A trees on the site. The remaining trees and groups are category B or C. None of the trees on
the site significantly constrain the development.
In order for the applicant to comply fully with the SPD policy TD4 and TD5, the applicant will need to
supply an Arboricultural method statement and Tree Protection Plan for the remaining trees on the
proposed development site. Conditions have been recommended.
Subject to the inclusion of conditions it is considered that the proposal accords with the policies
highlighted above.
Ecology
PPS9: Biodiversity and Geological Conservation sets out the Government’s planning policies on
protection of biodiversity and geological conservation through the planning system. It encourages local
authorities, inter alia, to:
•
Maintain, enhance, restore or add to bio-diversity and geological conservation interests;
•
Prevent harm to such interests; and
•
Ensure networks of natural habitats are protected from development, and, where possible,
strengthened by or integrated within it.
PPS9 emphasises that the aim of planning decisions should be to prevent harm to biodiversity and
geological conservation interests. Where granting planning permission would result in significant harm
to those interests, it is advised that local planning authorities will need to be satisfied that the
development cannot reasonably be located on any alternative sites that would result in less or no harm.
In the absence of any such alternatives, local planning authorities are required to ensure that, before
planning permission is granted, adequate mitigation measures are put in place. Where a planning
decision would result in significant harm to biodiversity and geological interests which cannot be
prevented, adequately mitigated against, or compensated for, PPS9 stipulates that the planning
permission should be refused.
Many individual wildlife species receive statutory protection under a range of legislative provisions
and the development management process plays a critical role in ensuring that the statutory protection
of these species is applied. Circular 06/05 states unequivocally that the presence of a protected species
is a material consideration when a planning authority is considering development proposals.
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UDP Policy EN9 stipulates that development that would affect a wildlife corridor or land that
functions as an important link between habitats will not be permitted where it would unacceptably
impair the movement of flora and fauna.
The overarching goal of Salford’s Nature Conservation and Biodiversity SPD (January 2006) is to
ensure that there is no net loss of nature conversation assets, and where appropriate there is an
improvement in them. The SPD recognises that biodiversity resources are under constant pressure
from human activity, and without specific consideration in decision-making they may suffer
significant decline. Accordingly, policy NCB1 of the SPD states that development proposals should
seek to maintain and enhance biodiversity and the nature conservation of sites. It goes on to state that
where significant negative impacts of development on biodiversity cannot be avoided or adequately
mitigated, appropriate compensatory provision should be provided as near as practicable to the
development site.
Policy NCB2 requires an ecological appraisal to be submitted alongside planning applications for
developments that could potentially have a detrimental impact on any designated nature conservation
site; locally significant areas of national and/or local priority habitat; or a protected species.
In relation to protected species, the Phase 1 Habitat Survey established that the site contains terrain
that has the potential to support Great Crested Newts. A pond assessed as having average potential to
support breeding Great Crested Newts was recorded adjacent to the north western corner. The Phase 1
Habitat Survey therefore recommends that great crested newt presence/absence surveys should be
undertaken. Further presence/absence surveys have been undertaken between March and June 2010 as
recommended in the habitat survey. This assessment has confirmed that there are no Great Crested
Newts within or adjecnt to the site. This information has been reviewed by the Greater Manchester
Ecology Unit who agree with the conclusions of the report.
It is considered therefore, the proposed development would not have an unacceptable adverse impact
on legally protected species or the ecological value of the site. Accordingly, the proposal is considered
to be consistent with national and local policies relating to ecology and biodiversity.
Climate Change
PPS22: Renewable Energy (August 2004) sets out the Government’s energy policy, including its
policy on renewable energy, is set out in the Energy White Paper. This aims to put the UK on a path to
cut its carbon dioxide emissions by some 60% by 2050, with real progress by 2020. The guidance
states that development proposals should demonstrate any environmental, economic and social benefits
as well as how any environmental and social impacts have been minimised through careful
consideration of location, scale, design and other measures.
All homes built under the Homes and Community Agency’s Social Housing Grant scheme are required
to achieve very high standards of sustainability. Specifically, all homes are required to achieve Code
for Sustainable Homes Level 3 as a minimum and the HCA strongly encourage proposals to aim
higher and strive to design and build high quality schemes of Code Level 4 and above.
The proposed dwellings would achieve Level 4 of the Code for Sustainable Homes. As such, they
would achieve a level of energy efficiency that is 44% better than Part L of the 2006 Building
Regulations through a combination of measures to improve the energy performance of the dwellings,
including effective insulation to the walls, roof, floors and windows and the installation of solar panels
(1.2m x 2m) to provide solar water heating. The sustainability of the development would be further
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enhanced through the installation of rainwater harvesting systems and the use of modern construction
methods, including wooden frames and pre-fabricated houses.
The proposal involves the re-use of previously developed land and is therefore in line with national
guidance. The application site is located in close proximity to the A6 which is served by a high
frequency bus route that operates between Bolton and Manchester. It is also within reasonable walking
distance of Walkden. The site is also well related to open space and schools. The proposed
development site is therefore considered to be in a sustainable location.
As a result, the proposal achieves a very high standard of sustainability. It is therefore considered to be
in accordance with the national and local policies relating to climate change and sustainability and
accords with UDP Policy ST14 (Global Environment) and the Councils Sustainable Design &
Construction SPD (2007) Policy SDC1 (Sustainable Design and Construction in New Developments).
Noise, Air Quality and Contaminated Land
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 adequate mitigation measures commensurate with
the scale and impact of the development.
PPG24: Planning and Noise (DoE, September 1994) addresses mattes concerning the impact of noise
which is a material planning consideration. It notes that it must be a consideration, where practical, to
mitigate noise levels.
Urban Vision Environment have appraised the scheme in relation to potential noise, air quality and site
remediation. They advise that the proposal raised not issue in relation to noise or air quality. Similarly
a Contaminated Land Risk Assessment has been submitted with the application and has been assessed
to be satisfactory.
Conditions have been recommended in accordance with the advice of Urban Vision Environment with
respect contaminated land, as such, it is considered that the proposal accords with the provisions of
policy EN17 of the development plan.
Flood Risk
Policy EN19 states development, including the alteration of land levels, will not be permitted where it
would:
1. be subject to an unacceptable risk of flooding;
2. materially increase the risk of flooding elsewhere; or
3. result in an unacceptable maintenance liability for the city council or any other agency in terms of
dealing with flooding issues.
PPS25: Development and Flood Risk (CLG, December 2006) is the government’s policy document
addressing all forms of flooding and their impact on the natural and built environment. The aims of
planning policy on development and flood risk are to ensure that flood risk is taken into account at all
stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to
direct development away from areas at highest risk.
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A Flood Risk Assessment, Mains Drainage Statement and Utilities Statement has been undertaken and
assessed by Urban Vision Drainage. It is concluded that the development can be satisfactorily
accommodated within the local infrastructure. Moreover, no objection have been raised in response to
the application publicity from either United Utilities or the Environment Agency subject to inclusion
of conditions relating to surface water and finish floor levels. It is considered, therefore, that the
scheme accords with policies EN19 of the Unitary Development Plan.
Parking and Highway Safety
Planning Police Guidance 13 (PPG13 2001) provides strategic guidance on matters of transportation
with aims to discourage dependency on the private car and encourages development within settlement
boundaries, where the use of local centres, community facilities and commerce can be sustainable
accessed.
The site previously was used as offices for Salford City Council’s Children’s Services department and
whilst the buildings have been demolished car parking was provided for 40 vehicles. Consequently, it
is contended that the proposed development would not have an unacceptable impact on highway safety
as fewer vehicle movements would take place when compared to the previous use and each dwelling
would have off street parking provision.
Appendix C of the UDP set out the parking standards for the city. With regards to residential
development it refers to the guidance set out in Policy A10. This requires housing schemes to be
considered on a case by case basis, having regard to the type and accommodation of the properties,
their location, the availability of and proximity to public transport, the availability of shared parking
facilities, and the existing level of on-street parking.
In this case the proposal seeks to provide a ratio of 1.25 car parking space per dwelling which is
considered satisfactory within this urban setting together with additional parking provision adjacent to
the allotments.
The Council’s highway engineer has considered the application and policy A10 as well as policy A8
(Impact of Development on the Highway Network) and raised no objection. It is considered, therefore
that the scheme would accord with the relevant policies as set out above regarding transportation,
parking and highway safety.
Planning Obligations
UDP Policy H4 (Affordable Housing) seeks to ensure adequate affordable housing is provided and is
supported by further policies within the Housing Guidance document.
Policy DEV5 (Planning Conditions and Obligations) is now supported by the Planning Obligations
SPD (2007) which covers a number of standard areas. Firstly Policy OB1 (Open Space Provision),
secondly Policy OB2 (Public Realm Infrastructure and Heritage), thirdly Policy OB3 (Training
Programmes for Construction Workers) and finally Policy OB4 (Reducing and Offsetting Carbon
Dioxide Emissions).
The proposal forms part of the nation wide Central government ‘Housing Pledge’ programme, with
funding direct from the Homes & Communities Agency (HCA), through a Social Housing Grant
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(SHG). The application is therefore being funded from the public purse and it would be inappropriate
to request monies in connection with a central government programme for 100% affordable housing.
Statement of Community Involvement
The Council has adopted its Statement of Community Involvement (SCI) in March 2008. The SCI
states that the Council will encourage applicants to undertake pre-application discussions with officers
prior to the submission of application where the proposal would meet a number of criteria. The
document also highlights the importance of engagement with the local community which may be
affected by a development.
This process is supported by PPS1 ‘Promoting Sustainable Communities’ and PPS12 ‘Creating Strong
Safe and Prosperous Communities Through Local Spatial Planning’
A pre-application public consultation event was held on the 1st October 2009, at the Little Hulton Area
Office and the Walkden Gateway Centre.
Conclusions/Summary
The application has taken into account the full extent of national and local planning policy by seeking
to develop a sustainable community on a previously developed site.
The proposal offers a mix of houses and bungalows (including 3 bedroom houses) and is considered to
accord fully with the aspirations and needs set out in the cities Housing Guidance.
The housing accords with rigorous urban design principles which in this instance create a building
form that addresses the established development form in the locality, yet installing sustainable
credentials that create a sense of place and offer a new take on the traditional built form established in
the wider area. Good gardens are provided and acceptable separation distances to existing housing is
protected. Space is provided for refuse, recycling and cycle along with other general storage.
The houses are intended to meet Level 4 of the Code For Sustainable Homes and will therefore accord
with all level of government’s policy in tackling climate change, both through the use of a previously
developed site in an accessible locations as well as the use of construction techniques and technologies
in order to reduce dependency on finite energy sources.
Recommendation
Approve
1.
The development shall be begun not later than the expiration of three years beginning with the
date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act
1990.
2.
Within two months of the date of decision, samples and details of the materials for the external
elevations of the development shall be submitted to and approved in writing by the Local
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Planning Authority. The scheme shall be carried out using the approved materials, unless agreed
otherwise in writing by the Local Planning Authority.
Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of
Salford Unitary Development Plan.
3.
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 in relation to
provision of: Permitted hours for construction works; delivery of materials and delivery and
collection of equipment; provision and use of on-site parking contractors’ and workpeoples;
vehicles; wheelwashing; and street sweeping; and no development or activities related or
incidental thereto shall take place on the site in contravention of such site operating statement.
Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of
Salford Unitary Development Plan.
4.
I. A Site Investigation report shall be submitted to and approved in writing by the LPA. The
investigation shall address the nature, degree and distribution of land contamination on site and
shall include an identification and assessment of the risk to receptors focusing primarily on risks
to human health and the wider environment; and
II. The details of any proposed Remedial Works shall be submitted to, and approved in writing
by the LPA. Such Remedial Works shall be incorporated into the development during the course
of construction and completed prior to occupation of the development; and
III. A Verification Report shall be submitted to, and approved in writing by, the LPA. The
Verification Report shall validate that all remedial works undertaken on site were completed in
accordance with those agreed by the LPA
Reason: In the interests of public safety in accordance with policy EN16 of the City of Salford
Unitary Development Plan
5.
The development hereby approved shall achieve a 4 star Code for Sustainable Homes rating
unless otherwise agreed in writing by the Local Planning Authority. A post completion
certificate confirming the agreed outcome 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.
To ensure the development accords with policy EN22 of the Unitary Development Plan
6.
Within two months of the date of decision details of the finish floor levels shall be agreed in
writing with the Local Planning Authority. The development shall be carried out in accordance
with the approved details.
To prevent flooding in accordance with Policy EN19 of the City of Salford Unitary Development
Plan.
7.
The development hereby permitted shall not be commenced until such time as a scheme to
regulate surface water to 15 litres per second has been submitted to, and approved in writing by,
the Local Planning Authority. The scheme shall be fully implemented and subsequently
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maintained, in accordance with the approved details unless otherwise agreed in writing by the
Local Planning Authority.
To prevent flooding in accordance with Policy EN19 of the City of Salford Unitary Development
Plan.
8.
The site shall be treated in accordance with a landscape scheme which shall be submitted to and
approved by the Local Planning Authority within two months of the commencement of
development. 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 the first available planting
season following completion of the 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.
Reason: To safeguard the amenity of the area in accordance with policy DES 1 of the City of
Salford Unitary Development Plan.
9.
Prior to the commencement of development an Arboricultural Method Statement shall be
submitted for the written approval of the Local Planning Authority. The development hereby
approved shall be carried out in accordance with the approved details.
To safeguard the existing trees on the site and to ensure that adequate provision is made for their
protection whilst the development is carried out.
10.
The development shall be carried out in accordance with the following plans unless otherwise
agreed in writing by the Local Planning Authority:
AR 01-901 Rev P5
AR 01-910
AR 01-911
AR 01-912
AR 01-913
Reason: For the avoidance of doubt and in the interests of proper planning.
Notes to Applicant
1.
2.
3.
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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.
The applicants attention is drawn to the advice of United Utilities dated 9th December 2009
The applicants attention is drawn to the advice of the Environment Agency dated 3rd March
2010
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