PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 APPLICATION No: 04/47773/FUL APPLICANT: Manchester Ship Canal Developments LOCATION: Barton Aerodrome Barton Moss Road Eccles PROPOSAL: Erection of two-storey reception and administration block, new hangar with two storey workshop/office accommodation together with associated car parking WARD: Barton DESCRIPTION OF SITE AND PROPOSAL The Aerodrome is accessed via one road that joins the A57. The site is characterised by a mixture of buildings three of those being listed structures including the control tower, one hanger and the original terminal building. There are a number of other buildings and hangers around the site some of which relate directly to aircraft operations. The control tower and main hanger are in the applicants ownership whilst the original terminal building is in the ownership of Manchester City Council. Planning permission is sought for the erection of one replacement hanger and for the erection of an administration and training building. The scheme will involve the demolition of three buildings on site, one an existing hanger, one the existing Lancashire Aero Club facility and one an unused timber clad building. These buildings are not listed and their demolition would not require planning permission. The hanger to be demolished has a footprint of 1290sq.m. whilst the replacement hanger has a footprint of 1440sq.m. plus mezzanine level. The existing aero club house has a footprint of 380sq.m. whilst the proposed administration and reception building has a footprint of 950sq.m plus mezzanine level. The replacement hanger and the proposed administration and training building will be sited slightly to the south west of their existing positions. The unused timber clad building will not be replaced. The application has been amended to alter the materials of the proposed building to include brickwork to match that of the control tower and to move the buildings further away from the Control Tower. The proposed buildings also include green metal panels for the walls and grey panels for the roofs. The application now also includes annotation within the training and administration building to show a bar. An overspill over car park to compensate for the loss of parking displaced by the replacement buildings will be provided instead. The additional car parking will utilise an existing vehicular access point and this part of the site is covered by hardstanding with trees surrounding. SITE HISTORY 1 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 In 2004, Listed Building Consent was granted for the siting of a CCTV camera on the Control tower (04/48531/LBC). In 1996, planning permission was granted for the establishment of reinforced taxiway tracks and runway approaches for light aircraft around eastern perimeter of Barton Aerodrome (built upon existing grass taxiway routes) (96/35126/FUL). In 1994, planning permission was granted for the re-siting of 4 portacabins for use as briefing rooms and public visitor information centre and the laying out of an additional 20 car parking spaces in connection with the aero club (93/32086/FUL). CONSULTATIONS English Heritage – No objections 20th Century Society – No objections Coal Authority – No objections PUBLICITY A site notice was displayed on 16th March 2004 and has been advertised by press notice. The following neighbour addresses were notified: Barton Moss Secure Unit, Barton Moss Road Pendlewood, Barton Moss Road P B & T Builders, Barton Moss Road Touchwood Joinery, Barton Moss Road Foxhill Cottage Farm, Liverpool Road Foxhill Cottage, Liverpool Road Airport Garage, Liverpool Road The Bungalow, Liverpool Road REPRESENTATIONS I have received 17 letters of objection in response to the planning application publicity, including an objection from Cllr Beryl Howard. The following issues have been raised:The applicant did not discuss the application with the Aero Club prior to submitting the application, No replacement facility is proposed for the Aero Club, The lack of replacement facilities could drive the Aero Club out of existence, Access for planes from existing hangers will be restricted if these buildings are built, Hangar capacity will be reduced, Setting of the Listed buildings will be diminished, Historic fabric of the aerodrome will be lost, Safety will suffer and noise pollution will get worse as a result of this proposal, The visitor centre will be lost to the development, 2 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 There are other more suitable areas for development rather than this site. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: none Other policies: DEV1 Development Criteria, DEV2 Good Design, R1 Protection of Recreation Land and Facilities, R9 Ancillary Recreation Facilities, SC2 Provision of Social and Community Facilities by Private and Voluntary Agencies, EN12 Protection and Enhancement of Listed Buildings REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: A14 Barton Aerodrome Other policies: DES1 Respecting Context, R1 Protection of Recreation Land and Facilities, CH4 Development Affecting the Setting of a Listed Building PLANNING APPRAISAL The main planning issues relating to this application are whether the demolition of the existing Aero clubhouse is contrary to policies, whether the replacement facilities support the principal recreational activity and ancillary functions, the impact of the replacement buildings upon the setting of the Listed buildings, whether alternative sites are more appropriate and an increase in noise and safety problems. Policy R1 of the adopted UDP is essentially concerned with protecting land devoted to sporting activities and related facilities and does not presume against development if it is for formal or informal recreational or non-commercial purposes related to the recreational use of the land. Policy R1 of the deposit draft UDP is broadly similar to the adopted policy. I consider that the primary use of the aerodrome is the actual flying operations that are conducted and the clubhouse is ancillary to those operations. I consider that the proposed administration block is properly related to the principal use and that the proposal is not contrary to that policy. The replacement administration/reception block would also have a larger footprint by 2 ½ times. Policy R9 seeks to ensure that maximum use can be made of existing recreational facilities by encouraging the provision of ancillary recreation facilities whilst policy SC2 also seeks to support additional social and community facilities rather than preventing the loss of existing facilities. I consider that the proposal will be encouraging the provision of ancillary facilities and the proposal is in accordance with this policy even though all of the existing facilities are not shown on the submitted application. It does not follow however that the applicant/developer is restricted from providing all of the existing facilities within the existing aero club building. Within the deposit draft UDP policy A14 relates directly to Barton Aerodrome and seeks to retain and protect the aerodrome for general aviation purposes and states that planning permission will be granted for development that would improve aviation facilities. Objection has been raised to the siting of the buildings that would result in access not being possible to the runway from the 3 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 hangers. The applicant has confirmed that wingspans of the planes at the site are typically less than 12 metres. There is one hanger from where planes would have to taxi past the replacement buildings. The resultant gap is 15m and consequently I consider there is sufficient room for planes to manoeuvre. The replacement hanger would have a greater floor area than the existing hanger. I consider that the proposal will not harm or interfere with general aviation activities at the aerodrome. I also consider that the proposed reception and administration building could be argued as being an improvement to aviation facilities and although all of the existing Aero Club facilities are not identified within the proposed administration/reception block I do not consider that the proposal is contrary to draft policy A14. As mentioned earlier it does not follow that the applicant/developer is restricted from providing all of the existing facilities within the existing aero club building. The proposed 112 parking spaces on site is at an appropriate level to the services and operations provided at the aerodrome. The applicant has amended the application to include annotation to indicate a bar/reception area and also a lounge/training area with windows looking toward the airfield. The applicant and the Aero Club have confirmed that a meeting has been arranged on the 24th August 2004 between the applicant and the Aero Club to discuss the clubs future involvement at the aerodrome. I consider that the facilities and siting of the proposed hanger and administration/reception building are consistent with the Councils adopted and emerging policies with regard to operations at the aerodrome and community facilities. I do however consider it important that the applicant note the concern expressed to the Council over the replacement of all the facilities within the existing clubhouse. Turning now to the impact of the replacement buildings on the setting of the Listed Buildings at the Aerodrome I have consulted with English Heritage and the 20th Century Society over this matter. Policies EN12 and CH4 seek to preserve the setting of listed buildings whilst policies DEV1, DEV2 and DES1 seek a good standard of design in developments. I have received objection, from members of the public and flying clubs, to the loss of the existing buildings and their historic fabric and to the impact upon the setting of the listed buildings. The buildings to be demolished are not listed and were not deemed worthy of listing when English Heritage last surveyed the site last year. Following amendments to the scheme the replacement hangar and administration building are proposed to be sited further away from the Listed Control Tower and Main Hangar than the buildings to be demolished which will increase the space around the listed structures and consequently will improve the setting. Furthermore the application has been amended to introduce a matching brick to the control tower on the hangar and also the administration building. The replacement buildings will also reflect the style and proportions of the larger listed main hangar. I am satisfied with the siting, size and materials of the replacement buildings and their interaction with the listed buildings on the site. The proposal does not involve the loss of any trees, as the car parking is proposed on existing made up ground. I have added a landscaping condition however it should be noted that any trees would need to be planted appropriately so as not to interfere with flight paths. 4 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 I do not consider that whether the applicant consults with his tenants or not prior to submitting the application is a material planning consideration. The applicant and the Aero Club have however confirmed that a meeting is scheduled for the 24th August to discuss the Aero Clubs future involvement at the site. Objection was also raised to the siting of this new development given other available space between the site and the A57. As discussed above I consider the proposed buildings to be appropriate with regard to UDP policies. Objection was also raised to the impact of additional planes and resultant safety and noise problems. I do not consider that the proposal would necessarily result in an increase in noise pollution or in safety problems. Objection has also been raised to the loss of the visitor centre which is currently housed in a portakabin next to the main car park. The visitor centre has not been included in any of the applicants proposals and the applicant has confirmed these proposals will not affect other buildings including the visitor centre. VALUE ADDED TO DEVELOPMENT Following consultation with English Heritage, 20th Century Society and the Greater Manchester Archaeological Unit the application was amended to improve the impact upon the listed buildings. The application has also been amended to include a bar within the administration/reception area and to increase the windows overlooking the airfield from within this area. I have suggested to the applicant that the visitor centre could be located within the original terminal building, thereby bringing the listed building a purposeful use, however this vacant listed building is not within the applicants control at present. CONCLUSION I consider that the proposal does not result in the loss of facilities that would contravene adopted or emerging development plan policy with regard to aircraft activities. I also consider that the proposed replacement buildings will be appropriately designed and sited with respect to the listed buildings on site and there will be a resultant improvement in the setting of the listed buildings. I have no objections to the proposed car parking levels and no highway objections and recommend approval. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A01 Five year time limit 5 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 2. No development shall be started until samples of the facing materials to be used for the walls and roofs of the development have been submitted to and approved in writing by the Director of Development Services. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Director of Development Services before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Director of Development Services. 4. Standard Condition F04D Retention of Parking Spaces (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R004A Amenity-area 4. Standard Reason R004A Amenity-area Note(s) for Applicant 1. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. 2. The decision to grant planning permission has been taken having regard to the policies and proposals in the City of Salford Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance. There are no other material planning considerations that outweigh this finding: ADOPTED UNITARY DEVELOPMENT PLAN POLICY Site specific policies: none Other policies: DEV1 Development Criteria, R1 Protection of Recreation Land and Facilities, R9 Ancillary Recreation Facilities, SC2 Provision of Social and Community Facilities by Private and Voluntary Agencies, EN12 Protection and Enhancement of Listed Buildings REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY 6 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Site specific policies: A14 Barton Aerodrome Other policies: DES1 Respecting Context, R1 Protection of Recreation Land and Facilities, CH4 Development Affecting the Setting of a Listed Building APPLICATION No: 04/48300/OUT APPLICANT: Oakglade LOCATION: Land Bounded By New Bridge Street The River Irwell And Greengate Salford 3 PROPOSAL: Renewal of outline planning permission for the erection of 30 storey mixed use development comprising retail units (3010 sq.m), offices (2850 sq.m), 280 residential units, 720 bed hotel and ancillary leisure units WARD: Blackfriars DESCRIPTION OF SITE AND PROPOSAL This application relates to an approximately 0.5 hectare site that is bounded to the north east by the River Irwell, to the north west by New Bridge Street, to the south west by Greengate and to the south east by the elevated railway. The site is currently used for surface car parking. The area is generally run down and although some existing industrial premises remain there are very few active uses, many buildings have been demolished and the major use in the area is surface car parking. This application is a renewal of an earlier outline permission that does not expire until November 2004. The application is for a 30 storey development comprising 280 apartments, a 720 bedroom hotel, 3010sq.m of retail floorspace and 2850sq.m of offices. Parking would be at basement level. Vehicular access would be from Gorton Street. SITE HISTORY Outline planning permission was granted with all matters reserved in November 2001 (00/41272/OUT) Planning permission was granted to retain the car parking use on the site in December 2002 for a period of 12 months. 7 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 CONSULTATIONS Environment Agency – Objects to the application on the grounds that the site lies within a high risk area liable to flood and that the proposed development would be at risk of flooding and could unacceptably increase the risk of flooding elsewhere. The basement and sub-basement are likely to be below the anticipated 1 in 100 year flood level and could be at risk of flooding depending on the design. The Agency then goes on to give advice about the siting of buildings with regard to access needed to the bank of the river. Greater Manchester Passenger Transport Executive – The site is extremely well located in relation to public transport facilities being within walking distance of Victoria Railway Station and Metrolink. Furthermore, the use of this site for high density residential development is supported as it maximises the benefits of the site’s excellent public transport accessibility and access to all the facilities in the city centre contributes to sustainable development. Director of Environmental Services – The varied uses on the site in the past indicates that there is a potential for contamination to exist in the sub-soil areas on site. A full contaminated land assessment is required. The site is close to Trinity Way, an extremely busy inner ring road and therefore a full noise survey is also required. PUBLICITY The application has been advertised by means of both site and press notices. The following neighbour addresses were notified: 57 Gravel Lane 89 to 93 Greengate REPRESENTATIONS I have received no letters of representation / objection in response to the planning application publicity. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC14/2 Improvement Proposals, CS3 Greengate South Other policies: DEV1 Development Criteria, DEV2 Good Design, H6 and H11 Open Space Provision Within New Housing Developments, S2 Location of New Retail Development REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: MX1/1 Development in Mixed Use Areas 8 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Other policies: DES1 Respecting Context, DES5 Tall Buildings, DES6 Waterside Development, H8 Open Space Provision Associated With New Housing Development, S5 Sites for New Retail Development, DEV6 Incremental Development. PLANNING APPRAISAL The main planning issues relating to this application are whether or not the circumstances have changed such that a different decision should be made on this application for renewal of outline planning permission. Since the original permission was granted two new material considerations have emerged, namely the deposit draft UDP and the emerging Greengate Masterplan, and these need to be taken into account when considering whether to renew the existing permission. Policy Considerations The site is unallocated in the adopted and draft UDPs, although it is situated within the Greengate South area to which UDP policies CS3 and EC14/2 apply. Policy CS3 generally encourages the improvement of the Greengate South area through a variety of measures including the retention and improvement of industrial and commercial uses, the rationalisation of the local road network, improvements to open space and car parking, and the retention and enhancement of certain buildings and facades. The policy also makes reference to the possible designation of the area as an Industrial and Commercial Improvement Area, and this general intention is carried forward into policy EC14/2, which indicates that the City Council will consider plans to maintain, renew and develop the area with an overall improvement and development framework. The broad thrust of policies CS3 and EC14/2 is essentially to secure the retention of existing employment uses and encourage the general improvement of the area. However, the policies do not preclude selective demolition a redevelopment for employment and related purposes, and given that the proposed development will provide a significant element of office provision, as well as other employment opportunities in the retail, leisure and hotel elements of the scheme, I would consider this application to be broadly acceptable when viewed against these two policies. Draft UDP Policy ST7 supports mixed use development in the Chapel Street regeneration area, whilst more specifically the site lies within the Chapel Street East mixed use area (policy MX1/1). The policy states a range of uses including housing, hotels, offices and retail facilities (where consistent with the retail and leisure policies of the Plan) will be appropriate. However, regard has to be paid to the positive impact the development could have on the regeneration of the area and the extent to which the proposed development would support the objective of maintaining a mix and balance of uses throughout the mixed use areas. I consider that the scheme would constitute an acceptable mix of uses, help contribute to the regeneration of Greengate and the wider Central Salford area, and so therefore be acceptable in principle. Additionally the site is within the Chapel Street Regeneration area, and the proposal for a mixed-use development is in accordance with the strategy. 9 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Policy S2 of the adopted and draft UDP normally requires all new retail provision to be located in or immediately adjacent to existing shopping centres, unless it is to meet purely local needs. In this instance, the site lies within the Regional Centre, and close to main shopping thoroughfares and recent/proposed retail developments. I would therefore consider the retail element of the development to be broadly acceptable in principle. Policy DEV1 of the adopted UDP lists a number of factors that the City Council will have regard to in the determination of planning applications. Detailed consideration is required of issues such as density, the relationship of the surrounding area, and visual appearance, as well as numerous other factors. Policy DEV2 also promotes good design, whilst requiring developments to pay due regard to existing buildings and townscpae, and the character of the surrounding area. Policy DES5 of the draft UDP applies to all buildings and other structures that are significantly higher than surrounding buildings, or which could have a significant impact on their surroundings by virtue of their height. The proposed development would be significantly higher than its current surroundings, and so it would need to be carefully designed to ensure that any negative impacts are minimised. However, this application is in outline and design is a matter for a reserved matters application. I do consider though that the design of such a tall building will have to be of the very highest quality in order for it to comply with policy DES5. The Development Control Policy Note ‘The use of planning obligations in the Chapel Street area’ should be applied to this development. This Policy Note states that it is the Council’s policy to use planning obligations within the Chapel Street Area “to ensure that developers contribute to the provision of infrastructure, services, facilities and maintenance required in association with their development”. This may take the form of a service provided directly by the developer or a financial sum paid to the Council. In this instance a financial sum payable to the Council is appropriate. As a broad guide, in the year 2000/2001, the impact of a typical residential development is considered to equate to around £1000/unit, that of a hotel to about £500/bedroom, and an office development to approximately £10/m2. A financial contribution of £668,500 will be required in respect of this scheme for environmental improvements in the Chapel Street area. In addition to paying a sum under policy in the Chapel Street Development Control Policy Note, the developer is also required to meet the requirements of the adopted Supplementary Planning Guidance on the Provision of Open Space and Recreational Spaces associated with New Residential Development (SPG7). Paragraph 2.15 of the SPG confirms that Policy H6 will apply to the renewal of existing residential planning permissions if the policy was not satisfactorily agreed originally. The SPG was fully adopted by the Council on 18 February 2004, following a 6 week public consultation period, which involved developers, house builders, and planning consultants, as well as local community and other interest groups. The policy of applying the requirement in addition 10 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 to the Chapel Street Obligation was not raised as an objection during the preparation or adoption of the SPG, nor was paragraph 2.15 (Other Circumstances). This application is for outline only, therefore it is not possible to calculate the actual open space requirement associated with this development, at this stage. However, it is still important to attach a condition to an outline permission, requiring the details of the open space provision and future maintenance to be agreed in line with the provisions of SPG7, or to secure s106 agreement for the open space requirement. The proposed s106 agreement would be required at Reserved Matters stage. Greengate Masterplan The application needs to have due regard to the emerging Greengate Masterplan which is currently being finalised through a partnership between Salford City Council, Network Rail, and Ask Property Development. The Masterplan is not yet adopted as a statutory document, therefore although it is a material consideration in determining this application, I do not consider that it can be accorded significant weight. Policy DEV6 of the draft plan outlines policy for Incremental Development. It states that on sites within or immediately adjacent to an area identified for major development, planning permission will not be granted for development that would unacceptably hamper or reduce the development options for that wider area. The justification also explains that ‘in some circumstances it may be appropriate for development to be resisted until a masterplan has been produced for the wider site.’ I consider that in the context of the masterplan there are concerns about the visual impact of the scheme, and also that the proposed development is much taller than anything else proposed in the masterplanning exercise. The scheme as it is currently proposed does not fit well with the wider plans for the Greengate area, however, advice from Counsel indicates that as the application is for a renewal of permission and that he previous permission preceded the masterplanning exercise, it would not be reasonable to withhold planning consent for the scheme. The scheme would not conflict with the broad aims of DEV6. Other Issues With regard to the comments of the Environment Agency I note that they do state that flooding depends on design. As this application is for the renewal of an outline permission that has all matters 11 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 reserved I consider that the important issue of flooding can be addressed at reserved matters stage. VALUE ADDED TO DEVELOPMENT £668,500 required as a result of the Chapel Street contribution requirements additional monies required as a result of the SPG7 for Open Space Provison. CONCLUSION In conclusion, the proposed development is in accordance with the sequential approach to development in RPG and the draft UDP, and is broadly consistent with policies in the adopted and draft UDP’s. Additionally the site already benefits from outline planning permission (which this application seeks to renew) therefore its development is considered to be acceptable in principle. While there are now concerns with the future design of the development, especially in relation to the development of the masterplanning exercise for Greengate as a result of the new deposit draft UDP policies DES5 and DES6, these are matters that should be properly addressed at reserved matters stage. RECOMMENDATION: If Members are minded to grant planning permission subject to the conditions below and the legal agreement, the Deputy Prime Minister will have to be consulted under the terms of the Town and Country Planning (Shopping Development) (England and Wales) (No. 2) Directive 1993. i. that the Director of Corporate Services be authorised to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the payment of a commuted sum for, and implementation of, environmental improvements in the local area to the value of £668,500; ii. that the applicant be informed that the City Council is minded to grant planning permission, subject to the conditions stated below, on completion of such legal agreement; iii. that authority be given for the decision notice relating to the application be issued, (subject to the conditions and reasons stated below) on completion of the above-mentioned legal agreement, iv. that authority be given to refuse the application if the applicant fails to complete the S106 agreement within a reasonable period on the grounds that the proposals do not support the aim and objectives of the Chapel Street Regeneration Project. Conditions 1. Standard Condition A02 Outline 2. Standard Condition B01X Reserved Matters 12 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 3. Any Reserved Matters application for siting shall include provision for a riverside walkway along the River Irwell. The approved proposals shall be implmented prior to the first occupation of the development.. 4. Standard Condition M05 Site investigation 5. Prior to the commencement of the development full details of the widening of Gorton Street to a minimum carriageway width of 5.5m with 1.8m wide footpaths shall be submitted to and approved in writing by the Director of Development Services. The development shall be implemented in accordance with the approved road widening scheme prior to the first occupation or bringing into use of any part of the development unless otherwise agreed in writing by the Director of Development Services. 6. Prior to the commencement of development a noise and vibration assessment shall be submitted to and approved in writing by the Director of Development Services. Such report shall address the impact of background noise and vibration, generated from both the surrounding road and rail networks and frominternal plant and equipment or other potentially noisy activities within the building, on residents of the development and shall detail measures to be taken to mitigate possible disturbance. Regard should be taken to PPG24, BS4142 and BS8233 for the purposes of establishing acceptable internal levels of noise. Recommendations and remedial works contained within the approved report shall be implemented prior to the occupation of any residential accommodation. 7. No development shall commence until details of open space provision in accordance with policies H6 and H11 of the adopted Unitary Development Plan have been submitted to and approved in writing by the Director of Development Services. Such details as are approved shall be implemented in full , should provision be on-site or, if off-site, via the payment of a commuted sum according to an agreed time table prior to the occupation of any dwelling. 8. Any reserved matters application for the siting of development shall be accompanied by a Flood Risk Assessment. The recommendations of any proposed migigation measures shall be incorporated into the siting and design of the development and shall be implemented prior to first occupation of the development. 9. The scheme hereby approved relates to the construction of the following uses: Class A1 retails units (3010 square metres), B1 offices (2850 square metres), 280 residential units a 720 bed hotel and ancillary leisure units. (Reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R002 Reserved Matters 13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 3. Standard Reason R024A Amenity of future residents 4. Standard Reason R028A Public safety 5. To protect the interests and safety of traffic on Gorton Street and greengate in accordance with policy DEV1 of the City of Salford Unitary Development Plan. 6. Standard Reason R024A Amenity of future residents 7. Standard Reason R024A Amenity of future residents 8. To safeguard the amenity of future residents against the possibility of flood risk from the River Irwell in accordance with Policy DEV 11 of the City of Salford adopted Unitary Development Plan and Policy EN16 of the deposit draft City of Salford Unitary Development Plan. 9. To ensure a satisfactory relationship with surrounding uses in accordance with policy DEV1 of the City of Salford Unitary Development Plan. Note(s) for Applicant 1. This development is subject to the planning obligation entered into by the applicant under Section 106 of the Town and Country Planning Act 1990, prior to the granting of planning permission. 2. The applicant's attention is drawn to the contents of the attached letter from the Environment Agency. 3. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. 4. The decision to grant planning permission has been taken having regard to the policies and proposals in the City of Salford Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance. There are no other material planning considerations that outweigh this finding: DEV1 Development Criteria EC14/2 Improvement Proposals CS3 Greengate South H6 and H11 Open Space Provision Within New Housing Developments S2 Location of New Retail Development 14 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 APPLICATION No: 04/48651/FUL APPLICANT: Valley And Vale Properties Ltd LOCATION: Land At Middlewood Street/ Oldfield Road Salford 5 PROPOSAL: Re-alignment of road network and formation of access spurs WARD: Ordsall DESCRIPTION OF SITE AND PROPOSAL The application site comprises sections of Middlewood Street, Liverpool Road, Oldfield Road, East Ordsall Lane, Wilburn Street and Hampson Street. To the south of Middlewood Street is vacant land which was previously occupied by industrial buildings. Planning permission has recently been granted for the redevelopment of that site for residential accommodation. There are a number of commercial units along the west side of Oldfield Road. To the north of Middlewood Street and extending from Oldfield Road to the west, East Ordsall Lane to the east and the railway line to the north is the site known as Middlewood Locks for which outline planning permission was granted in December 2003 for a mixture of uses, including residential, commercial and retail. To the east of East Ordsall Lane is the Mancentral Trading Estate. An application for the restoration of a section of the Manchester, Bolton and Bury Canal from the River Irwell in the east to Oldfield Road in the west has recently been submitted. This application would allow the restored Canal to run under part of East Ordsall Lane. The access spurs proposed as part of this application would provide access into the Middlewood Locks site. Two new access points would be created from Middlewood Street. Two additional access spurs from East Ordsall Lane would also be created to form a crossroads. The existing roundabout at the junction of East Ordsall Lane, Middlewood Street and Wilburn Street would be replaced by a signal controlled junction. The eastern section of Middlewood Street and the southern section of East Ordsall Lane would be widened in order to accommodate the proposed junction. CONSULTATIONS Director of Environmental Services – no comments received to date Greater Manchester Passenger Transport Executive – no objections Greater Manchester Police Architectural Liaison Officer – no comments received to date Environment Agency – no objections United Utilities – no comments received to date 15 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Railtrack – no comments received to date Greater Manchester Archaeological Unit – no comments received to date Manchester Bolton and Bury Canal Society – no objections British Waterways – no objections to the principle of the proposed development, but advises the applicant to liaise with British Waterways’ engineers given the proximity of the site to the line of the former Manchester Bolton and Bury Canal PUBLICITY A site notice was displayed on 8th July 2004 A press notice was published on 8th July 2004 The following neighbour addresses were notified: Units A, B, C, D Mancentral Trading Estate, East Ordsall Lane 1, 2 Liverpool Street 2, 6, 52, Winsor Garage, Manchester and Cheshire Construction, Oldfield Road National Car Parks Granada Television, Quay Street REPRESENTATIONS I have received one letter of objection in response to the planning application publicity. The following issues have been raised: The proposal would result in an increase in noise and vibration due to an increase in traffic The proposal would affect access into adjacent premises UNITARY DEVELOPMENT PLAN POLICY Site specific policies: CS6 – Middlewood Other policies: T2 - Network of Major Roads of More Than Local Importance T3 – Highways T10 – Pedestrians T11 – Cycling EN27 – Manchester, Bolton and Bury Canal 16 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: MX1/2 – Development in Mixed Use Areas – Chapel Street West Policy CH9 – Manchester, Bolton and Bury Canal Other policies: A2 – Cyclists, Pedestrians and the Disabled A8 – Impact of Development on the Highway Network DES6 – Waterside Development PLANNING APPRAISAL I consider the main planning issues relating to this application to be as follows: whether the principle of the proposed highway works is acceptable; whether the proposal would take the requirements of pedestrians and cyclists into account; whether there would be an impact on the proposed restoration of the Manchester, Bolton and Bury Canal; and whether the proposal complies with the provisions of the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs. Each of the above issues will be discussed in turn below. The Principle of the Proposed Development Policy CS6 of the Adopted UDP states that the redevelopment and improvement of the Middlewood area for a range of leisure, business and residential uses will be supported. Emphasis will be placed on, inter alia, securing the redevelopment of vacant land. Policy MX1/2 of the Revised Deposit Draft Replacement UDP highlights Chapel Street West as an area to be developed for a mixture of uses. Appropriate uses include housing, offices, tourism, leisure, retail, community facilities and essential infrastructure and support facilities. Adopted Policy T2 identifies the A5066 - Ordsall Lane/Oldfield Road/Adelphi Street, the B5225 Hampson Street/Princes Bridge and the B5461 - East Ordsall Lane as roads of more than local importance, which are those roads which carry the highest volume of traffic within the city. It states that the network of such roads will be protected and that proposals likely to have a materially harmful impact on the network's ability to accommodate appropriate traffic flows will only be permitted if they include measures to deal with that impact. Adopted Policy T3 states that Council will maintain that part of the road network for which it is responsible and will promote road improvement and traffic management schemes which, inter alia, contribute towards urban regeneration and improve access to development sites and major industrial, commercial and shopping facilities. Draft Policy A8 states that development will not be permitted where it would have an unacceptable impact on highway safety by virtue of traffic generation or access, have an unacceptable impact on the ability of the Strategic Route Network to accommodate appropriate traffic flows or cause an unacceptable restriction to the movement of high, wide, long or heavy vehicles along Abnormal Load Routes. The A5066 Ordsall Lane, Oldfield Road, Adelphi Street is identified as forming part of the Strategic Route Network. 17 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 The proposed highway works are required for the redevelopment of the Middlewood Locks site. The application will ensure that the various parcels of land within the site could be accessed. I have no objections to the proposed locations of the access spurs and consider that, once complete, the works proposed would not detrimentally affect the highway network or highway safety. I am of the opinion that, due to this application’s links to the redevelopment of the Middlewood Locks site, this proposal would contribute towards regeneration and would improve access to the site. On the above basis, I am of the opinion that the proposed development accords with the above policies and I have no objections to the application in this regard. Pedestrians and Cyclists Adopted Policy T10 states that the needs of pedestrians throughout the city are given greater attention by, inter alia, taking account of the needs of pedestrians and the presence of existing public rights of way in the design of highway maintenance, traffic management and road improvement schemes and by promoting schemes which improve pedestrian safety. Adopted Policy T11 states that the City Council will adopt a Cycling Strategy which will identify and implement a continuous network of safe cycle routes between neighbourhoods and other areas of activity protect the safety of cyclists and adequately reflect their needs in the planning of highway and traffic management schemes and new developments. Draft Policy A2 states that road improvement schemes and traffic management measures will be required to make adequate provision for safe and convenient access by the disabled, other people with limited or impaired mobility, pedestrians and cyclists. It states that such groups will also be catered for by the promotion of specific highway improvement and traffic management measures which increase safety for and afford greater priority to the disabled, other people with limited or impaired mobility, pedestrians and cyclists and the identification, protection and improvement of networks of key disabled, pedestrian and cycling routes. The proposed highway works include dedicated cycle lanes on Middlewood Street, Oldfield Road, Middlewood Street, East Ordsall Lane and Hampson Street. These would link into the existing cycle network. I am therefore satisfied that this application would make appropriate provision for cyclists and would in turn encourage the use of this mode of transport. Footpaths would be provided on both sides of all the roads included within this application. I am therefore of the opinion that the application makes adequate provision for cyclists and pedestrians in accordance with the above policies. The Manchester, Bolton and Bury Canal Adopted Policy EN27 states that the Council will improve the appearance and develop the recreational potential of the Manchester, Bolton and Bury Canal. The line of the Canal will be preserved wherever this is technically feasible and is acceptable when balanced against other policies and proposals of the Unitary Development Plan. Consideration will also be given to the development of a landscaped walkway based as closely as possible on the original line of the canal. 18 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Draft Policy CH9 states that planning permission will be granted for the restoration of the Manchester, Bolton and Bury Canal, and its line will be protected. Development which would prejudice the reinstatement of the Canal and its towpath will not be permitted. Major development adjacent to the Canal will be required to make an appropriate contribution to its restoration. Draft Policy DES6 states that all new development adjacent to the Manchester, Bolton and Bury Canal will be required to facilitate pedestrian access to, along and, where appropriate, across the waterway by the provision of: a safe, attractive and overlooked waterside walkway, accessible to all and at all times of the day, where this is compatible with the commercial role of the waterway; and pedestrian links between the waterside walkway and other key pedestrian routes. The restoration of the Canal is a fundamental part of the redevelopment of Middlewood Locks. Throughout the preparation of this application, the applicant has liaised with British Waterways in order to ensure that the proposed highway works would not prejudice the restoration of the Canal. The proposed highway works include alterations to East Ordsall Lane in order to ensure that once restored, the Canal would be able to pass underneath the road. I am of the opinion that this application would not prejudice the restoration of the Canal and I therefore have no objections to the application in this regard. Other Issues The objector is concerned that the application would result in an increase in noise and vibration, both during construction and after, as the proposal may result in an increase in traffic in the area. Some level of noise and vibration is an inevitable part of development and is temporary in nature. The objector currently occupies a unit which is in the ownership of the applicant. The applicant has confirmed that its tenants will be vacating the premises in question prior to development commencing on the section of highway closest to those premises. I am therefore of the opinion that the objector would not be detrimentally affected by the proposal. CONCLUSION In conclusion, I am of the opinion that the proposed development is acceptable. I have no objections to the locations of the proposed access spurs, the widening of the roads and the proposed junction improvements. The application would assist in the redevelopment of the Middlewood Locks site through enabling appropriate access points into the site to be created. The scheme would therefore contribute to the regeneration of the surrounding area. I am satisfied that the scheme would meet the needs of cyclists and pedestrians and would not be detrimental to highway safety. The application would not prejudice the restoration of the Manchester, Bolton and Bury Canal. I am of the opinion that the application accords with the provisions of the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs. I therefore recommend approval. 19 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A01 Five year time limit (Reasons) 1. Standard Reason R000 Section 91 Note(s) for Applicant 1. The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk 2. The decision to grant planning permission has been taken having regard to the policies and proposals in the City of Salford Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance. There are no other material planning considerations that outweigh this finding: CS6 - Middlewood; T2 - Network of Major Roads of More Than Local Importance; T3 Highways; T10 - Pedestrians; T11 - Cycling; EN27 - Manchester, Bolton and Bury Canal APPLICATION No: 04/48746/FUL APPLICANT: Moylan Homes LOCATION: Site A, Land On Fereday Street Worsley PROPOSAL: Erection of one part three/part four storey building comprising 11 flats together with associated car parking and construction of new vehicular access WARD: Walkden North 20 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 DESCRIPTION OF SITE AND PROPOSAL The application site is a vacant, grassed piece of land. Part of the site is however currently surrounded by temporary fencing and is being used for the storage of building materials. The site is bounded by Brackley Street to the north, Fereday Street to the west, and residential properties to the east. On the opposite side of both Fereday Street and Brackley Street are residential properties, including some three storey properties at Wesley Court on Brackley Street. The land to the south of the application site is also vacant. The surrounding area is predominantly residential in character. The site is located in close proximity to Walkden Town Centre. It is proposed to erect a part three/part four storey building comprising eleven flats, with associated car parking and the construction of a new vehicular access into the site from Fereday Street. The three storey element of the proposed building would be to the east, closest to the properties on Bolton Road, whilst the four storey element would be to the west towards Fereday Street. It is proposed to provide a total of twelve car parking spaces within the site in a parking area to the south of the proposed building. This application is an amendment to an outline application which was approved in April 2003. The amendments proposed by this application include the addition of some full-length windows to the western elevation, the omission of windows to part of the southern elevation and the addition of kitchen and landing windows to the east elevation. There are only relatively minor changes to the siting of the proposed building. SITE HISTORY In January 2004 an outline application for the redevelopment of this site and land to the south for residential purposes comprising a total of 34 apartments with associated car parking and construction of new vehicular access was submitted. That application is yet to be determined as I am awaiting amended plans from the applicant (ref: 04/47562/OUT) In April 2003 an outline application for the erection of a part three/part four storey building comprising 11 apartments with associated car parking and new vehicular access was approved (ref: 03/45707/OUT) In October 2002, an outline application for the erection of two buildings comprising 24 flats together with associated car parking and new vehicular access was refused (ref: 02/44545/OUT). In June 2002, an outline application for two blocks of three storey flats comprising a total of 28 flats was submitted and subsequently withdrawn in July 2002 (ref: 02/43905/OUT). In April 2001, an outline application for nine dwellings including 3 three storey properties fronting Brackley Street, together with car parking and access was approved (ref: 01/41728/OUT). In November 1999, an outline application for eleven dwellings, associated car parking and alteration to the existing access was submitted and subsequently withdrawn in December 1999 (ref: 99/39190/OUT) 21 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 CONSULTATIONS Director of Environmental Services – no comments received to date Greater Manchester Police Architectural Liaison Officer – no comments received to date United Utilities – no objections Environment Agency – no objections PUBLICITY A site notice was posted on 29th July 2004 A press notice was published on 22nd July 2004 The following neighbour addresses have been notified: 173-213 (O) Bolton Road 31-41 (O) Brackley Street 2-30 (E) Dagmar Street 25-31 (O) Fereday Street 1-14 Wesley Court, Mountain Street REPRESENTATIONS I have received of one letter of objection and a petition signed by twenty eight residents in response to the application publicity. The main issues identified as follows: The proposed building would be too close to existing properties and there would therefore be overlooking and loss of privacy UNITARY DEVELOPMENT PLAN POLICY Site specific policies: none Other policies: H1 – Meeting Housing Needs DEV1 – Development Criteria DEV2 – Good Design T13 – Car Parking REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: none Other policies: H1 – Provision of New Housing Development DES1 – Respecting Context 22 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 DES7 – Amenity of Users and Neighbours A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of the redevelopment of the site for residential purposes is acceptable; whether the proposed design is appropriate; whether there would be an unacceptable detrimental impact on the amenity of neighbouring residents; whether the proposed level of car parking is satisfactory; and whether the application accords with the relevant provisions of both the Adopted and Revised Deposit Draft Replacement UDPs. I will deal with each in turn below. The Principle of the Proposed Development Adopted Policy H1 states that the Council will endeavour to ensure that the city’s housing stock is able to meet the housing requirements of all groups within Salford by promoting a number of measures, including the release of land to accommodate new house building. Draft Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. Adopted Policy DEV1 outlines a number of criteria against which applications are assessed. Of most relevance to this application are the location and nature of the proposed development, including its relationship to existing and proposed land uses. In light of the recent approval for residential development on this site, I am of the opinion that the principle of the redevelopment of the site for residential purposes has already been established. The proposal would result in the re-use of what is a currently a vacant and unattractive site and would result in visual improvements to the area. The site is located in a predominantly residential area in close proximity to Walkden Town Centre and the proposal would make efficient use of a previously developed site in the urban area. I consider that the application accords with the above policies and I have no objections to the application in this regard. Design Adopted Policy DEV2 relates to good design and states that when granting permission, the Council must be satisfied with the quality of design and the appearance of the development. Developments should have regard to the character of the surrounding area. Draft Policy DES1 requires development to respond to its physical context. It states that where there is no discernable or well-developed local character or distinctiveness, developments are required to adopt high standards of design which ensure that the proposed development is appropriate to the nature, setting, culture and community of the local area. 23 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 This application proposes a design which is very similar to that recently approved. I therefore consider that, in principle, the design of the building is acceptable. The main changes to the proposed building include the introduction of full-length windows to the lounges on the western elevation, the removal of a number of windows from the southern elevation and the addition of windows to the southern elevation. I have no objections to these amendments in design terms I am of the opinion that the proposed full length windows and guard rails would add interest to the appearance of the proposed building. I have attached a condition requiring the submission and approval of materials and am satisfied that this will ensure that they are of a suitably high quality and in keeping with the building’s surroundings. The recently approved application also proposed a part three/part four storey building. I am therefore satisfied that the principle a building of this height has already been established. I do not consider that a part three/part four storey building would be unduly prominent in the streetscape. The properties at Wesley Court are three storey and I am therefore of the opinion that this proposal would not be out of context with the surrounding area. Variations in the heights of buildings are acceptable within urban areas, adding interest and variety to the streetscape. I consider the design of the proposed building to be acceptable and that the application accords with Adopted Policy DEV2 and Draft Policy DES1. Impact on Amenity Adopted Policy DEV1 outlines a number of criteria against which applications are assessed. Of most relevance to this application are the location and nature of the proposed development, including its relationship to existing and proposed land uses, the size and density of the proposed development and the effect on sunlight, daylight and privacy for neighbouring properties. Draft Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development which would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. This application proposes only minor amendments to the siting of the proposed building from that recently approved. The building would be a minimum of 16m from the rears of the properties on Bolton Road, 14m from the gable of 31 Brackley Street and 22m from Wesley Court. There would be no habitable room windows on the elevation facing the properties on Bolton Road, although there would be landing, kitchen and bathroom windows. The objectors are concerned that, given the number of windows on this elevation and the proximity of the proposed building to the rears of the properties on Bolton Road, there would be a loss of privacy and overlooking. They claim that there should be a minimum of 24m between the proposed building and the existing residential properties. However, as the windows on this elevation would be non-habitable, there is no requirement for the proposed building to be sited a minimum of 24m from the properties on Bolton Road as the issues with overlooking associated with facing habitable room windows do not apply to non-habitable room windows. I am satisfied that those residents would not experience a loss of privacy as a result of this proposal. The proposed building would be in excess of 21m from Wesley 24 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Court and I am therefore of the opinion that neither existing nor future residents would be detrimentally affected as a result of loss of privacy or overlooking. There are no habitable room windows in the gable elevation of 31 Brackley Street and I therefore consider that the distance between the proposed building and No. 31 is acceptable. The proposal has been formulated to reduce the impact on neighbouring residents by siting the three storey element closest to the properties on Bolton Road and the four storey element towards Fereday Street. The height to the ridge of the proposed building would be 11.3m for the three storey element and 13.8m for the four storey element. However, the ground level adjacent to Brackley Street would be 1m below the footpath level and the height of the proposed building from the street level to the ridge would therefore be reduced by 1m. In light of the above, I am satisfied that there would be no detrimental impact on the amenity of neighbouring residents as a result of this proposal. I consider that the application accords with the above policies. Car Parking Adopted Policy T13 requires the provision of adequate and appropriate car parking to meet the needs of new development. Draft Policy A10 of the First Deposit UDP states that developments should not exceed the maximum car parking standards set out in Appendix 3 of the UDP. The recently approved application included the provision of twelve car parking spaces within the site for the eleven apartments. This aspect of the proposal remains unaltered. Given the site’s location in close proximity to Walkden Town Centre and the facilities and services therein, as well as the site’s proximity to public transport links, I am satisfied that the proposed level of car parking is satisfactory. I consider that the proposed number of spaces accords with Policy A10 of the Revised Deposit Draft Replacement UDP. CONCLUSION In conclusion, I am satisfied that the principle of the redevelopment of the site for residential purposes is acceptable. I consider the design of the proposed building to be appropriate and am satisfied that the application would not result in an unacceptable detrimental impact on the amenity of neighbouring residents. Given the site’s location in close proximity to Walkden Town Centre and public transport links, I consider the proposed level of car parking to be acceptable. I consider that the application accords with the provisions of the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs. I therefore recommend approval. RECOMMENDATION: Approve Subject to the following Conditions 25 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 1. Standard Condition A01 Five year time limit 2. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Director of Development Services before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Director of Development Services. 3. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of the building shall be submitted to and approved in writing by the Director of Development Services. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Director of Development Services. 4. The development hereby approved shall not be brought into use until the means of vehicular access from Fereday Street has been constructed and laid out in accordance with the approved plans. 5. Prior to the commencement of the development hereby approved, a scheme showing the provision of a refuse storage area and waste recycling facilities within the site shall be submitted to and approved in writing by the Director of Development Services. The approved scheme shall be implements prior to first occupation of any of the apartments hereby approved, unless agreed otherwise in writing by the Director of Development Services. 6. Prior to the commencement of the development hereby approved, a scheme for cycle storage within the curtilage of the site shall be submitted to and approved in writing by the Director of Development Services. The approved scheme shall be implemented prior to first occupation of any of the apartments hereby approved and shall be available at all times the premises is in use. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R004A Amenity-area 4. Standard Reason R026A Interests of highway safety 5. Reason: In order to encourage waste recycling, in accordance with Policy MW11 of the Adopted City of Salford Unitary Development Plan 26 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 6. In order to encourage the use of more sustainable transport modes, in accordance with Policy A10 of the Revised Deposit Draft Replacement Unitary Development Plan Note(s) for Applicant 1. The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk 2. The applicant is advised that 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. The decision to grant planning permission has been taken having regard to the policies and proposals in the City of Salford Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance. There are no other material planning considerations that outweigh this finding: H1 - Meeting Housing Needs; DEV1 - Development Criteria; DEV2 - Good Design; T13 Car Parking APPLICATION No: 04/48780/FUL APPLICANT: Russells Ltd LOCATION: 30 Upper Park Road Salford 7 PROPOSAL: Demolition of existing house and erection of a new detached dwelling and detached garage with construction of a new vehicular access and associated landscaping (re-submission of planning application 04/47522/FUL) WARD: Kersal DESCRIPTION OF SITE AND PROPOSAL 27 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 This application relates to an existing residential property in a residential area. The property is at present a bungalow and this proposal would replace the existing dwelling and replace with a two storey property including accommodation in the roof space. The existing access to the site would be replaced with a new driveway located within the centre of the Upper Park Road frontage. A detached double garage would also be provided within front garden area. There is a 1.3m change in levels between this site and the neighbouring property. The site has a number of mature and semi mature trees within the curtilage and adjoining the site. Those trees within the front garden areas of the site and the neighbouring property are afforded the protection of a preservation order (TPO No.4). The trees located along the common boundary are situated within the lower garden level of the neighbouring property. A row of single storey garages forms a large part of the western boundary. To the west of the garages is Cadogan Place, which comprises of nine residential properties. The footprint of the existing bungalow is similar in size to that proposed in this instance, although the proposal would include a conservatory on the rear elevation. The main elevation of the proposal would be set back from the building line of the neighbouring property although the element closest to that neighbour would be on a similar footing to the building line. The proposed rear elevation would project 3m from the main rear elevation of the neighbouring property, 2.5m from the bay window. The existing bungalow is located on a higher level than the neighbouring two storey dwelling, thus the ridge height is similar to that of the neighbouring two storey property. The proposed dwelling would be two storey with bedroom accommodation within the roof space. The highest of the proposal would be 9.1m in height. The design of the roof would mean that this highest element would be situated within the centre of the plot. The main front and rear elements of the roof would be 7.2m high, 1.5m higher than the ridge of the neighbouring two storey dwelling. The detached garage would be located to the west of the site within the frontage. It would be similar in height and roof design to those garages adjoining the western boundary. SITE HISTORY In March of this year planning permission was refused for a similar proposed for a replacement two storey dwelling with accommodation within the roof space (04/47522/FUL). The application was refused under delegated authority, on the following grounds: “The proposed development would seriously injure the amenity of neighbouring residents by reason of its size and siting” “The proposed development would be detrimental to the amenity of the area by affecting, to an undesirable degree, trees which are the subject of a Tree Preservation Order No.4 and would therefore 28 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 be contrary to policy EN7 of the City of Salford Unitary Development Plan” PUBLICITY The following neighbour addresses were notified: 7 –12 Ravenhurst, Bury Old Road 1 – 9 Cadogan Place, 1 – 16 Ingledene Court, Upper Park Road 26, 28, 13 and 23A Upper Park Road REPRESENTATIONS I have received eight letters of objection in response to the planning application publicity. The following issues have been raised:Loss of light Out of keeping with the area Too high No difference to that already refused Disruption during construction Loss of view UNITARY DEVELOPMENT PLAN POLICY Site specific policies: DEV10 Broughton Park Development Control Policy Other policies: DEV1 Development Criteria, DEV2 Good Design, T13 Car Parking, EN7 Conservation of Trees and Woodlands REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: DES1 Respecting Context, DES7 Amenity of Users and Neighbours, EN10 Protected Trees, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments PLANNING APPRAISAL The main planning issues relating to this application are: whether the proposal would result in a loss of light or result in an over bearing impact upon the existing residential properties, whether the proposal would have a detrimental impact upon the trees which have been afforded the protection of a preservation order, and whether the proposal complies with the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs. These issues will be discussed in turn below. 29 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Siting, Massing and Design. In the case of residential development, policy DEV10 seeks to ensure that due regard is given to siting, design and height of buildings, design, car parking and the protection of trees. Policy DEV1 outlines a number of criteria to which regard should be had in the determination of planning applications. Of most relevance to this application are the location of the proposed development, including its relationship to existing and proposed land uses, the size and density of the proposed development, the relationship to existing services and community facilities, the relationship to the road and public transport networks, the likely scale of traffic generation, the visual appearance of the development and landscaping and open space provision. Policy DEV2 states that planning permission will not normally be granted unless the Council is satisfied with the quality of the design and the appearance of the development. Policy DES1 of the Revised Deposit Draft Replacement UDP requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. Policy DES7 of the Revised Deposit Draft Replacement UDP requires all new developments to provide potential users with a satisfactory level of amenity. Development which would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The majority of the representation received has been from the residents of Cadogan Place and refer to loss of light. Six of the nine properties on Cadogan Place are located at a right angle to Upper Park Road, facing towards the proposal. The gable of the proposed development would be 21.2m from the frontages of those properties on Cadogan Plan. Furthermore, the proposal would be located to the rear of the existing terrace of single storey garages. The eaves of the proposed roof would be 1m higher than the ridge line of the terrace of garages. The highest part of the roof would be a further 5m away (26.2m overall) from the neighbouring properties. As such, I am satisfied that the proposal, albeit higher that the existing neighbouring properties, would not result in a loss of light. Moreover, I am also satisfied that the proposal would provide sufficient separation distance between neighbouring properties in accordance with the Councils minimum separation distances. The highest part of the proposal would be 9.1m in height. The design of the roof would mean that this highest element would be situated within the centre of the plot. The main front and rear elements of the roof would be 7.2m high, 1.5m higher than the ridge of the neighbouring two storey dwelling. The relationship of this proposal is not dissimilar, albeit reversed, than the current relationship between the bungalow and the neighbouring two storey property, in that the height increase is equivalent to the roof area. As such, I do not consider that the increase is disproportionate to the neighbouring property. 30 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 Furthermore, members will be aware of similar redevelopment schemes of existing properties in the area for larger replacement dwellings. I do not consider that the replacement of a bungalow with a two storey dwelling to be out of character with the area. It should also be noted that there are a number of flatted developments within this particular part of Upper Park Road which are higher than two in height and higher than this proposal. The height of the roof has been reduced by 0.7m and the depth of the house has also been reduced by a distance of 2m. The driveway has also been relocated away from the TPO’d trees, as such I do not agree that there is no difference to the refused scheme and that now proposed. Relationship to TPO’d trees Policy EN7 seeks to protect and enhance trees and woodlands within the area. Policy EN10 of the replacement plan is similar in this instance. The City Councils arboricultural officer has inspected the trees on site and those located within the lower garden area of the neighbouring property. He is satisfied that the amended scheme would not have any impact upon those trees. Furthermore, the relationship of the proposal to these trees is similar to that currently experienced by the existing property. Turning to the remaining points, loss of view and disruption during construction are not material planning considerations. I have no highway objection and I am of the opinion that the proposal accordance with the development plan policies. VALUE ADDED TO DEVELOPMENT Since the previous refusal I have negotiated with the applicants agent to reduce the rear elevation by 2m, reduce the height of the ridge by 0.7m and to relocate the proposed TPO trees. CONCLUSION I consider that this application accords with the development plans policies and that there are no other material considerations which outweigh this view. I recommend therefore that for the following reasons the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A01 Five year time limit 2. No development shall be started until samples of the facing materials to be used for the walls and roof of the development have been submitted to and approved in writing by the Director of Development Services. 3. Standard Condition C04X Fencing of Trees protected by T.P.O. 31 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 2nd September 2004 (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R010A Protect TPO trees Note(s) for Applicant 1. The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk 2. The applicant is advised that 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. The decision to grant planning permission has been taken having regard to the policies and proposals in the City of Salford Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance. There are no other material planning considerations that outweigh this finding: DEV10 - Broughton Park Development Control Policy; DEV1 Development Criteria; DEV2 Good Design; T13 Car Parking; EN7 Conservation of Trees and Woodlands 32 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 33 2nd September 2004 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 34 2nd September 2004