PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION APPLICATION No: 6th April 2006 05/49877/OUT APPLICANT: Acroy Limited C/o Dandara Limited LOCATION: Land Bounded By Chapel Street/Barlow's Street/Dearmans Place/River Irwell Salford 3 PROPOSAL: Outline application for the erection of six buildings of 13, 19, 25 and 40 storeys comprising 990 apartments and 5088sq.m of commercial, retail and leisure uses (A1, A2, A3, A4, A5, B1, D1 or D2) plus new primary substation and associated car parking (745 spaces) and landscaping. WARD: Ordsall Croft/Clowes BACKGROUND TO THE APPLICATION This development represents one of the largest applications to be considered by the Panel. Your officers first started discussions about the development of this site almost three years ago. Those discussions have involved many officers as well as Peter Hunter, the City Council’s architectural advisor, the Central Salford URC and the Chapel Street Regeneration Team. The design principles of the scheme have been reassessed on more than one occasion and the scheme has been amended several times. DESCRIPTION OF SITE AND PROPOSAL This outline application relates to a large site bounded by Chapel Street to the north, the Lowry Hotel and River Irwell to the south, Trinity Bridge House, which houses the Inland Revenue, to the west and the Edge apartment development and Barlow’s Croft to the east. The site covers an area of 1.8 hectares and has a frontage to Chapel Street of some 95m. The site currently includes a number of buildings and uses that include the D C Thomson premises and other warehouse/industrial buildings on the Chapel Street frontage, the existing surface car park for the Lowry Hotel, the Lowry service yard and vacant land situated between the hotel and the Edge development. The Flat Iron Conservation Area borders the site in the northeast corner on the Chapel Street frontage. The scale of buildings around the site varies from two and three storey properties around Blackfriars Street and Chapel Street to larger scale eight to twelve storey buildings along Dearman’s Place and around the river Irwell. The Edge residential development recently completed to the east of the site rises to twenty-one storeys. 1 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 There is no dominant style of building in the vicinity of the site with existing buildings ranging from Victorian properties forming the historical grain to Chapel Street and the wider conservation area, to modern structures such as Trinity Bridge House, the Lowry Hotel and the Edge apartment development. There is no dominant building rhythm around the site. However, the site’s context is characterised by the historical tight street pattern to the northeast, with all other adjacent sites being made up of large-scale building plots. Existing roads within the site include Dearman’s Place to the west that provides access to the Lowry Hotel and the Bridge apartment building and which leads through to the Calatrava footbridge, an unnamed private service road situated to the east of the D C Thomson building that leads to the hotel service yard, Clowes Street which provides the only vehicular access to the Edge apartments and Barlow’s Croft, a narrow cul-de-sac that only serves the warehouse building that fronts it. It is proposed to demolish all buildings on the site and erect a total of six blocks on the site arranged in three fingers of buildings running at 90 degrees to both the river and Chapel Street. The schedule of buildings is as follows: Block A - a 40-storey tower between the Lowry hotel and the Edge apartments. The tower would be set back from the river by 23m, would measure 35m by 16.5m and has a two storey base that contains a spa and leisure facility for the Lowry hotel. Block B - a 19-storey block that would run up from block A to Chapel Street. This block would measure 80m by 14.5m and would sit on a larger four storey base that fronts the main internal access road and a two storey base (Block C) that fronts Chapel Street. The 19 storey element of the building would be set back 15m from the carriageway. Block C – is the two storey commercial element of the Block B building. It would provide new premises for DC Thompson fronting Chapel Street. Block D - a new single storey primary electricity sub-station and separate boilerhouse and substations located on the infill site between Clowes Street and Barlows Croft between the Edge development and buildings on Chapel Street. Block E1 – a 13-storey block parallel to block B and in front of the Lowry Hotel. It would measure 31m by 12m and would be 28m from the Lowry Hotel. Block E2 – a 13-storey block identical to block E1. It would be set back from Chapel Street carriageway by 11m and separated by a 23m gap from block E1. 2 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Block F – a 13-storey block adjacent to Trinity Bridge House. It would be set 28m from the Lowry Hotel and would measure 40.5m by 17m. Block G – a 25-storey block of similar dimensions to block F set back 9m from the Chapel Street carriageway. There would be a 10m gap between blocks F and G. Blocks E1, E2, F and G would all sit on a two storey podium that houses the commercial units that front Chapel Street, Dearmans Place, the Lowry Hotel and the new main internal access road. There would also be a link at first floor level from the existing Lowry hotel into the proposed spa and leisure facility at the base of the 40-storey tower. The development would provide a total of 990 apartments. There would be a mix of one, two and three bedroomed dwellings as well as a number of serviced apartments. The mix of apartment types is as follows:84 serviced apartments 78 studios 469 one-bed apartments 348 two-bed apartments 6 three-bed apartments 5 penthouses D C Thomson would be relocated within the development in new premises comprising 5,000sq.ft (465sq.m) on the Chapel Street frontage in the 19 storey building. In addition there would be 35,000sq.ft (3251.5sq.m) of commercial floorspace (A1, A2, A4, A5, B1, D1 and D2) at ground and first floor level throughout the development. Parking would be provided in two basement levels across the whole site as well as within the podiums of all the blocks set back from the river. The visual impact of the car parking is reduced by the commercial uses at ground and first floors. The podiums create an upper level of private landscaped space for the use of residents. There would be a total of 745 car parking spaces across the site. It is proposed that the development is accessed via two existing roads. The primary site access to the development is proposed via a new road located between Dearman’s Place and Clowes Street that is currently used as a private service road. This would provide vehicular access to commercial, retail and leisure units, all the residential blocks as well as to the Lowry Hotel. Clowes Street would provide secondary vehicular access to a small number of car parking spaces serving the commercial units in Block B. Clowes Street also provides the main vehicular access to the Edge development and would continue to serve as a main pedestrian route from Chapel Street to the riverside walkway. As part of the development a new signalised pedestrian crossing on Chapel Street adjacent to the entrance into the Deva Centre would be provided. Surface level 3 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 car parking would be provided in front of the new electicity sub-stations. Dearman’s Place is to be closed off to general traffic but service vehicles, coaches and refuse vehicles would be permitted during certain time periods. The City Council’s own Chapel Street Environmental Improvement Scheme proposes that Chapel Street would be reduced in width and an improved public realm provided. At ground level all streets (Chapel Street, Dearman’s Place, the new primary internal access road, Clowes Street and the public space created in front of the Lowry Hotel and between blocks A and B) would be animated with both commercial and retail units. Tree planting is proposed to enhance informal spill out from the retail units. Pedestrian access within and around the site is to be enhanced as part of the development. The riverside walkway would be enhanced and footways on Dearman’s Place widened and existing traffic removed from this road thereby improving accessibility from the regional centre through the site and beyond to the Deva Centre. Pavements would also be improved on Clowes Street and on the new main access into the site that is currently a private service road. The site is well served by public transport with Chapel Street having 19 bus services running on it. Central Salford railway station is approximately 200m away and Manchester Victoria railway station is approximately 500m away. In addition the site is within the regional centre. The application has been amended significantly since it was first submitted. These amendments have been driven by officer and consultee concerns. These amendments have resulted in blocks being divided and space and light within the centre of the site being increased. The original submitted scheme was for 983 apartments and included five larger blocks, the highest of which was 36 storeys. The amendments have resulted from concerns primarily expressed by the Commission for Architecture and the Built Environment (CABE) about the massing of the blocks, the distances between blocks and the level of amenity for future occupiers of the development. The application is accompanied by a number of documents:Daylight and Sunlight Assessment Environmental Wind Study Transport Impact Assessment Environmental Noise Study Secure By Design Flood Risk Assessment Archaeological Desk Top Study It is proposed that the overall development would be phased. The first phase being blocks A and B closest to Blackfriars Street including the relocation of D C Thompson, the provision of the 4 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 replacement car parking for the Lowry Hotel and access to the Edge apartments. The second phase would be the four remaining blocks. SITE HISTORY In April 1999 planning permission was granted in outline for the development of the larger Chapel Wharf site for mixed of uses comprising offices, hotels, residential, retail, restaurants and public houses (99/39108/OUT). Buildings completed within that original outline site include the Lowry hotel and the Bridge apartment building. CONSULTATIONS Manchester City Council – Manchester and Salford City Councils are currently working in partnership to develop a strategy for the Irwell Corridor that is intended to guide a co-ordinated approach to future land use and development within the Corridor area. It is believed that the determination of these applications for such a significant level of development on such key sites within the Corridor would be premature in advance of this strategy being agreed. In addition, while the information submitted with both applications gives full consideration to the setting of the sites within the City of Salford it fails to give consideration to the historic environment that lies directly opposite the application sites within the City of Manchester. The Parsonage Gardens Conservation Area extends along the riverside from the north-east as far as (and encompassing) the Grade II ‘listed’ Century Buildings. The applications should explicitly demonstrate that full regard has been given to this matter in accordance with the guidance contained in Planning Policy Guidance Note 15. Director of Environmental Services – No objections but recommends conditions regarding contaminated land and noise. CABE – Had a number of fundamental concerns with regard to the submitted application. They felt that there was too much accommodation and their concerns related mainly to the site planning and the massing of the slab blocks. They have been involved in discussions about amendments to the scheme but their latest response to the amended scheme still objects on the grounds of overdevelopment and they seek a fundamental rethink of the scheme. It is important to note that they have not made any criticism of the height or location of the tower and have stated that they are pleased to see that the generally the accommodation proposed is wider than it is deep and that the ends of the blocks are animated with windows and do not have the more usual blank flank wall. United Utilities – No objections. 5 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Central Salford Urban Regeneration Company – did have reservations regarding the original scheme but now welcomes the significant revisions to the proposals that take fully into account earlier concerns expressed by CABE. This is a major and imposing project that will enhance the Regional Centre as a whole and accords completely with the Central Salford Draft Vision and Regeneration Framework. Environment Agency – Now has no objection in principle to the proposed development but requests that conditions be attached regarding contamination. Greater Manchester Archaeological Unit – There is an archaeological implication for this development. The site is adjacent to the junction of Gravel Lane and Chapel Street which formed part of medieval Salford. The applicant has already begun to address archaeological issues through the submission of an archaeological desk top study but a condition should be attached to secure all archaeological interests. Greater Manchester Architectural Liaison Unit – Consider that the scheme will generate crime owing to the density and configuration of the apartments and freedom of movement and permeability and strongly object to the scheme and recommend refusal. The density of this development and the existing properties adjacent places an extreme burden upon the volume of traffic off the site via a single access/egress route onto Chapel Street and the potential congestion at the intersection with this junction. The opportunity for crime around this proposed development is high. Greater Manchester Passenger Transport Executive – Appreciates that the development is already accessible by public transport but considers that there may be capacity problems to be addressed and therefore requests that financial contributions secured through a S106 agreement. It is also recommended that travel plans be submitted. PUBLICITY The application has been advertised by means of both site and press notices. The following neighbour addresses were notified of both the submitted and the amended plans: All apartments in The Edge, Clowes Street All apartments in Century Buildings, St Mary’s Parsonage All apartments in The Bridge, 40 Dearmans Place Lowry Hotel and Trinity Bridge House, Dearmans Place Delphian House, New Bailey Street Caxton Hall, Hilton House and Black Lion Hotel, Chapel Street 1-5 (incl) Black Lion Court, 75-79 Chapel Street 81 to 95 and Sacred Trinity Church, Chapel Street 6 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 1 and 3 Gravel Lane Conavon Court, Blackfriars Street All apartments in The Gallery, 18 Blackfriars Street 14, 16 and 22 to 28 Blackfriars Street All apartments in the Textile Apartments, 10 Blackfriars Street 10 Booth Street All apartments in Chapel Buildings, 4 Booth Street REPRESENTATIONS I have received a total of 70 letters of objection in response to the planning application publicity on both the submitted and amended schemes. Objections have principally been received from residents of The Edge and Century Buildings across the river in Manchester. The following issues have been raised:The proposal conflicts with policy H1 in that it does not contribute to the mix of dwellings in the area and leads to an oversupply of flats. Overdevelopment Insufficient amenity and open space is provided for future residents The height, scale and massing of the development is inappropriate. There is insufficient car parking. The scheme is contrary to policy. Impact on adjacent buildings is unacceptable. The principal of a very tall tower on this site was not envisaged under the original masterplan for the area I have also received a detailed objection to the scheme on behalf of Countryside, the developers of the Edge apartment scheme. As well as objecting to the scheme for the reasons outlined above they have in addition prepared their own report assessing the impact of the proposed development on sunlight and daylight on blocks B, C and D of the Edge. Their report concludes that a wide selection of floors and blocks were tested and the results indicate that the level of daylight and sunlight is below the recommended levels as detailed in the BRE guidelines and that the proposals will have a detrimental effect on the level of daylight and sunlight on the Edge. The report does also point out that the BRE guidance is not mandatory and should not be seen as part of planning policy. But the agents acting for Countryside point out that it is nonetheless a material factor that must be taken into account when assessing an application. REGIONAL SPATIAL STRATEGY. DP3 - Quality in New Development UNITARY DEVELOPMENT PLAN POLICY 7 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Site specific policies: CS5 – Central Salford Other policies: DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, H1 Housing Supply, H6 & H11 Open Space Provision. DRAFT REPLACEMENT UDP POLICY Site Specific: MX1 – Development in Mixed-Use Areas Other policies: DES1 Respecting Context, DES3 Design of Public Space, DES5 Tall Buildings, H1 Supply of Housing, H8 Open Space Provision Associated with New Housing Development, MX2 – Chapel Street frontage, DES2 Circulation and Movement, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments, DES7 Amenity of Users and Neighbours, DES11 Design and Crime, DEV6 Incremental Development, EN17A Resource Conservation. PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of the development is acceptable, whether the scale, massing and design of the building is of sufficiently high quality in this important part of the city, impact of the development on neighbours, whether there is sufficient parking and open space provision and finally whether the views of CABE should take precedence over views of others. Principle of the Development Policy H1 requires that an adequate supply of housing be brought forward with higher densities being required at accessible locations such as this site. Policy H1 also requires development to contribute toward a balanced mix of dwellings within the local area in terms of size, type, tenure and affordability. Policy ST11 seeks to ensure that new development is located on the most sustainable sites within the City and that less sustainable sites are only brought forward when necessary. The policy is based on the sequential approaches to development that are set out in national policy guidance and policy DP1 of Regional Planning Guidance for the North-West Draft Policy MX1/1 states that Chapel Street East will be developed as a vibrant mixed use area with a broad range of uses. Appropriate uses include housing, offices and retail uses. In determining whether a proposed mix of uses is appropriate, regard will be had to a number of factors, including the positive impact of the development on the regeneration of the wider area, the use on adjoining sites, the prominence of the location and the existing and previous use of the site. Draft Policy MX2 requires development along Chapel Street to incorporate active uses at ground floor level, including retail, food and drink and financial and professional services. 8 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The site is previously developed in a highly accessible location within the Regional Centre. The principle of the redevelopment of the site is therefore acceptable and in accordance with national government guidance. The application proposes a mix of uses, namely residential, commercial and retail, including active uses at ground floor level along Chapel Street, which is in accordance with Draft policies MX1 and MX2. The proposal itself has a mix of studio, one, two and three bedroom apartments. I consider that in this very central location within the regional centre the level of provision is appropriate. The high density of the scheme will ensure that the development remains lively and fosters the need for good local facilities close at hand. The intended retail/commercial units offer activity at ground floor level. The proposed mix of uses is in accordance with policy H1 and I consider the proposed uses would provide an appropriate level of commercial activity that will result in a positive redevelopment of this vacant site. Design Policy DEV2 states that the City Council will not normally grant planning permission unless it is satisfied with the quality of design and the visual appearance of the development. Draft policy DES1 states that developments will be required to respond to their physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness via a number of factors that include the scale and size of the building, its contribution in the street scene and the quality of the proposed materials. Draft policy DES3 states that where development includes the provision of, or works to, public space, that public space must be designed to: i) Have a clear role and purpose, responding to established or proposed local economic, social, cultural and environmental needs; ii) Reflect and enhance the character and identity of the area; iii) Form an integral part of, and provide an appropriate setting for, surrounding developments; iv) Be attractive, safe, uncluttered and appropriately lit; v) Be of an appropriate scale; vi) Connect to established pedestrian routes and other public spaces; and vii) Minimise, and make provision for, maintenance requirements. Draft policy DES5 states that tall buildings will be permitted where they meet a number of criteria. Those criteria include that the scale of the development is appropriate to its context and location; that the location is highly accessible to public transport, walking and cycling; that the building would relate positively to and interact well with the adjacent public realm; that the building would be of the highest quality design; that the building would make a positive addition to the skyline and would not detract from important views and that there would be no unacceptable impact on the setting of a listed building or on the character or appearance of a conservation area. The reasoned justification for the policy goes on to say that tall buildings are more likely to be appropriate within the mixed use areas identified on policy MX1 The form of the development acknowledges the historic street pattern and grain of the area and offers a high degree of permeability when viewed from Chapel Street. The architects for the 9 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 scheme have sought to achieve a high quality of design and have made amendments to this design as a result of concerns expressed by CABE. The City Council’s architectural consultant, Peter Hunter, considers that the scheme, and the further amendments to it, is of the highest quality and I consider that his comments are worth setting down in full. In my view the discussions held as a result of CABE’s comments and the City Council’s concerns have had a very beneficial effect on the architecture and urban design of the proposed development. In particular the new urban geometry provides a more harmonious and dynamic range of proportions, scale and heights. By reducing and dividing the central block there are greater wall to wall dimensions and much improved visual and sunlight penetration. The emerging design of ground and podium level streetscape is to be welcomed and as previously discussed would benefit greatly by becoming part of an overall landscape strategy for the whole Chapel Wharf quarter. This would enable colours, textures, lighting, signage and planting to be co-ordinated and so create an identifiable destination within the City. The pedestrian routes are now more defined with active frontages and will provide opportunities for daytime and night-time character with public art perhaps forming a theme towards the western end of Chapel Street. The additional height proposed for the main tower will increase its prominence and create a visual dialogue with the other tall structures being built in the area. For these reasons, the choice of cladding material will be crucial to the architectural character and should also be considered in daylight and night-time vistas along Chapel Street and other long views. The ‘silhouette crown’ deserves very special consideration with possibilities for aerial sculpture and imaginative lighting. The proposals have evolved into a more confident character and when realised will enhance the architectural quality of the surrounding buildings and give Chapel Wharf the extra dimensions of city life already begun by the Edge and famous Calatrava bridge. High quality materials are proposed and I am satisfied that the development will be of a very high standard of design. I am also particularly mindful of the comments of Peter Hunter and the URC and I would point out that CABE have at no time has any issue with the individual design of any building and have at no point made any criticism of the tower. The provision of the new public spaces through the site – to Chapel Street, between the Lowry Hotel and the proposed development and on the river frontage are also features of the scheme. The spaces have been designed well and open up pedestrian routes from Chapel Street through the site to the riverside walkway in keeping with the traditional street pattern of this part of Chapel Street and the Flat Iron Conservation Area where much of the street scene within the 10 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Crescent Conservation Area where the street frontage is punctuated at regular intervals by side streets that break up the mass of the buildings along the frontage. The new public spaces form an integral part of the scheme and are of an appropriate scale. I consider that the development fully accords with draft policy DES3. The tall buildings on the site are appropriate to their context and location and respond well to the new public spaces created by the development. The buildings are designed to a high standard and use high quality materials. I consider that the proposed development accords with policy DES5. Impact on adjacent Conservation Areas There are two nearby conservation areas: The flat iron Conservation Area and the Parsonage Gardens conservation area (located within Manchester on the opposite side of the River Irwell). The proposed development would be set back from the frontage of existing buildings on Chapel Street and would enable public realm improvements to take place. It would not have a detrimental impact on view into the Conservation Area along Chapel Street. The proposed single storey electricity sub-station would be located along the western boundary of the Conservation Area at the Barlow’s Croft cul-de-sac and would not be visible from any key view points within the conservation area. The Parsonage Gardens Conservation Area is located some 59m away, across the River Irwell. Members should note that The Edge development is closer to both conservation areas. It demonstrates that modern development can be located harmoniously with older properties. Effects of the development on neighbours 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. I have received a number of objections from neighbouring residents regarding the impact of the proposed development on their amenity, and in particular loss of light and privacy. Given the city centre location of the site and the nature of the development, it is not appropriate to apply the interface standards that are used to guide development elsewhere within the city. Such concerns must be considered against the benefits of the scheme, namely the redevelopment of an underused and largely unattractive site, the provision of a mixture of uses, including active uses along the Chapel Street frontage, and the construction of buildings which would enhance the area and which accord fully with other Council policies. In terms of privacy I consider the separation distance of 59m metres across the river Irwell from the 40-storey tower to residential properties in Century Buildings to be acceptable with regards to privacy of its occupiers. To the Edge apartments closest to the river the proposed 40-storey tower is set back so that there would be no direct window to window views from either development. It is acknowledged that it is the Block C of the Edge development that is most affected by the proposed development. It is worth pointing out that of the two apartments on 11 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 each storey in that gable end of the block, the living room window to the apartment closest to Chapel Street faces the other Edge block. The living room of the apartment closest to the river has a large corner window and so there are wide views that both face the other block in the Edge and face this proposed development. It is therefore only bedroom windows in each apartment of Block C at The Edge that directly face this site. The windows in the tower (living rooms and bedrooms) would be approximately 18.5m from the windows in the Block C of the Edge. This distance is commensurate with the distance between the individual blocks comprising the Edge and I am satisfied that this distance, in this location, is acceptable. I do not therefore consider that there will be any significant loss of privacy or an unacceptable outlook suffered by residents surrounding the site. I do not consider that the height of the building is such that it would prove overdominant when viewed from any neighbouring property given the distances and circumstances described above. The relationship between Block D of The Edge and the 19-storey Block B of the proposal in that there would be a separation distance of 12.5m between the The blocks. The impact would be between bedroom windows in The Edge Block and bedroom windows of the proposed scheme and a balcony. Block D of The Edge was constructed so that the living room windows did not face the application site but that bedroom windows would be located just 2m from the boundary of their site. Although less than would normally be acceptable I consider that in this instance a distance of 12.5m is acceptable. The Daylight and Sunlight Assessment submitted by the applicant indicates that overshadowing impact will be most significant on Block C of ‘The Edge’ and that the greatest impact on diffuse daylight and direct sunlight will be to the windows of ‘The Edge’ apartment 117, the lowest habitable room identified in Block C. The daylight levels in the three rooms of apartment 117, however, are higher than minimum requirements set by British Standard 8206. It is therefore concluded that the daylight levels in all other apartments will also be acceptable. The sunlight and daylight report submitted by Countryside worked to BRE guidelines not to the British Standard. Both have arrived at different results. I am of the opinion that if, according to the British Standard, no apartments in The Edge fall below the minimum standards then it would be wrong to impose a new higher standard that has previously been applied to development within the City. It is important to note that the impact on sunlight and daylight on the apartment most affected by the proposed scheme is the same for the proposed 40-storey block as it would be for a notional 20-storey tower in the same position. The environmental wind study demonstrates that the conditions within the site are considered acceptable although some additional measures would be required during the intermediate stage between building phases. All building entrances were observed to have acceptable sitting or standing conditions. Conditions at the entrance to the Edge at the southwest corner of the site remain windy but are improved as a result of the development. Conditions in the surrounding 12 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 streets are generally similar to or better than existing site conditions. Particularly conditions around the Edge and Trinity Bridge House were slightly improved compared to existing site conditions. In conclusion, whilst I accept that the amenity of some of the neighbouring residents may be affected, I consider that the benefits of the scheme, namely the provision of high quality buildings which would make a positive contribution to the surrounding area, and the removal from the site of a number of unattractive and under-utilised sites and buildings outweigh concerns relating to loss of privacy, loss of light and overlooking. I therefore have no objections to the application in respect of residential amenity. Highways, Parking and Public Transport Policy A10, in line with Government guidance, seeks maximum parking standards for all developments. Within the emerging planning framework and in line with central government advice there is no policy requirement for a minimum level of parking. The traffic impact assessment submitted by the applicant shows that the proposed development would not have a material impact on the local highway network. Capacity assessments at the proposed site access junction with Chapel Street show that this junction would operate within capacity with minimal delays. I have received objections to the level of parking proposed that there is insufficient parking provided for the proposed development. The parking levels are in accordance with policy in this highly accessible location and I consider the parking levels proposed to be acceptable and would consider a greater level of provision to be contrary to both good practice, government advice and planning policy. In terms of highway safety I have no objections to the submitted scheme. Sustainable Construction Policy EN17a of the deposit draft UDP explains planning permission will not be granted if the development will have an unacceptable impact on the conservation of non-renewable resources. The applicant has stated the following with regard to sustainable construction:the development is on a brownfield site buildings will be designed for modular construction all units are fully accessible to all durable materials are proposed low energy lighting will be used throughout occupants will be provided with information regarding reducing energy requirements the level of parking is 60% for the residential units 13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 buildings will be designed to allow for prefabricated cladding construction to minimise construction waste prefabricated bathroom pods will be used throughout all units will have acoustic party walls to minimise sound transmission natural surveillance is promoted throughout there will be 24 hour concierge and manned site management office and have been designed for modular construction. Open Space Provision The development provides a significant level of amenity space to the south of the site. In accordance with policies H6, H11 and H8 of the revised deposit draft UDP and SPG7 open space and children’s play space can be accommodated off site through a financial contribution. This application proposes 2350 bed spaces, which equates to a commuted sum value of £562,308. In addition, in accordance with the Chapel Street SPG, a contribution of £1000 per apartment would be generated by the development for environmental improvements. It is envisaged that this sum would be spent on an extension of the free city centre shuttlebus service that operates in Manchester, environmental improvements to the surrounding area including public art on the river frontage, improvements to Chapel Street and improvements to the public transport infrastructure. Crime I consider that the concerns of the architectural liaison unit cannot be successfully addressed while at the same time meeting the desire of both CABE and the City Council for good pedestrian links through the scheme from Chapel Street to the riverside walkway. It is inevitable that a development of this size will generate opportunities for crime but this must be balanced against the benefits that such a development will bring and I am satisfied that the majority of the justifiable concerns of the police architectural liaison unit can be met through a condition requiring a scheme to be submitted that is capable of meeting their secure by design standards. Other Objections Raised by Neighbours i) That there is an oversupply of flats in the area and that the scheme amounts to overdevelopment. This is a central location where higher dwelling densities should be encouraged and where it is right to provide apartments. All those objecting to the application live in apartment schemes themselves. The scheme does supply a greater mix of dwellings than at the Edge and in terms of the number of dwellings per site area this development would be less dense than the Edge development. ii) That insufficient amenity and open space is provided for residents Again this is a central location where many developments, such as Century Buildings and the residential schemes on Blackfriars Street have no outdoor amenity space whatsoever. 14 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The development does provide a significant level of amenity space as well as significant public realm. iii) That the development is contrary to policy Planning policy should properly be examined as a whole and I am satisfied that on balance the development is supported by national, regional and local planning policy. iv) That the principal of a very tall tower on this site was not envisaged under the original masterplan for the area. It is many years since any original masterplan for this area was first envisaged. The original outline planning approval for a mixed use development on the Chapel Wharf site did not prescribe any particular mix of height of development. VALUE ADDED TO DEVELOPMENT In accordance with the policies H6, H11, H8, SPG7, and the Chapel Street SPG the applicant has agreed to make a financial contribution towards children’s play space, open space or local environmental improvements. A total of £1,552,308 would be contributed in this regard. The applicant has also confirmed the use of some sustainable building techniques. CONCLUSION As stated at the outset, this application has been subject to the highest level of scrutiny and appraisal and is supported by the URC and by the City Council’s architectural consultant Peter Hunter. I am disappointed that CABE remain of the view that the scheme is fundamentally flawed as the configuration and orientation of the blocks has been carefully assessed and follows the old Salford street patterns in this part of the City. Similarly the separation distances are consistent with practice in Salford and consistent with the separation distances achieved at the Edge and elsewhere in this part of the City. I am satisfied that the amended design is acceptable and that the application would not have any significant detrimental effect upon the amenity of neighbouring residents or on the surrounding area in general. I am also satisfied that the level of on site parking is acceptable. I am satisfied that the application complies with policies of the development plan as a whole. This is a major and imposing project that will enhance the Regional centre as a whole and accords completely with the Central Salford Draft Vision and Regeneration Framework. It is recommended that the application be approved subject to the following conditions and that authority be given for the Strategic Director of Customer and Support Services to enter into a legal agreement under Section 106 of the Town and Country Planning Act and Section 278 of the Highways Act. RECOMMENDATION: 15 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Approve Subject to the following Conditions 1. Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than whichever is the later of the following dates:(a) the expiration of five years from the date of this permission; or (b) the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved. 2. No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: - plans and elevations showing the external appearance of all buildings and other structures; - the colour and type of facing materials to be used for all external walls and roofs; - a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. 3. No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: - plans and elevations showing the external appearance of all buildings and other structures; - the colour and type of facing materials to be used for all external walls and roofs; - a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. 3. Unless otherwise agreed in writing by the Local Planning Authority, prior to the commencement of the development the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. 16 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to first occupation of the any of the units. Prior to discharge, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 4. Prior to the commencement of the development, a noise assessment detailing the acoustic protection measures to be incorporated into the final design shall be submitted to and approved in writing by the Local Planning Authority. Such assessment shall also detail mitigation measures to demonstrate how the noise levels agreed within the report will be achieved when the ventilation rates are increase (windows open - as for when Summer Cooling or Rapid Ventilation is required). Any additional ventilation requirements to enable compliance with the report shall be identified within the assessment. The approved acoustic protection and additional ventilation measures shall be implemented prior to first occupation of any of the residential unit and retained thereafter. 5. No development/demolition shall take place within the proposal area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted by the applicant and approved in writing by the local planning authority. 6. No part of the development shall be occupied unless and until the applicant enters into an Agreement under Section 278 of the Highways Act to secure the provision of highway improvements at the vehicular entrances/exits to and from the site from Chapel Street and such improvements have been implemented in full. 7. Unless otherwise agreed in writing by the Local Planning Authority a maximum of 990 residential units shall be accommodated within the development. 8. Prior to the commencement of the development a travel plan relating to the B1(a) commercial units shall be submitted to and approved in writing by the Local Planning Authority. Such travel plan shall include objectives and targets, and, where appropriate, measures to promote and facilitate public transport use, measures to reduce car use and its management, measures to promote and facilitate cycling and walking, promotion of practices/facilities to reduce the need to travel, monitoring and review mechanisms, travel plan coordination, and provision of travel information and marketing. The initiatives contained within the approved plan shall be implemented and shall be in place prior to the first occupation of any of the B1(a) units, unless otherwise agreed in writing by the Local Planning Authority 17 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 9. No development shall be commenced unless and until a secure by design scheme has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be capable of being accredited by Greater Manchester Police Architectural Liaison Unit under the secure by design scheme. 10. No development/demolition shall take place within the proposal area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Director of Development Services. 11. No development shall be commenced unless and until a scheme detailing all the following matters including; sustainable construction techniques; natural ventilation techniques; sustainable urban drainage systems; techniques to reduce solar heat gain and use of renewable energy sources; and all energy efficiency and sustainability matters have been submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any dwelling the approved scheme shall be installed and shall thereafter be retained and maintained. (Reasons) 1. Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990. 2. The application is for outline permission only and these matters were reserved by the applicant for subsequent approval. 3. To safeguard the amenity of the future occupants of the development in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 4. To safeguard the amenity of the future occupants of the development in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 5. To secure archaelogogy interests on the site in accordance with policy EN14 of the City of Salford Unitary Development Plan. 6. Standard Reason R026A Interests of highway safety 7. In order to ensure that a mixture of uses are provided within the site, in accordance with Policy MX1 of the Revised Deposit Draft Replacement Unitary Development Plan. 8. In accordance with Policy A1 of the Revised Deposit Draft Replacement Unitary Development Plan. 18 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 9. To ensure the design of the scheme discourages crime in accordance with Policy DEV4 of the City of Salford Adopted UDP and Policy DES11 of the City of Salford Revised Deposit Draft Replacement Plan 10. To make a record of remains of archaeological interest in accordance with policy EN14 of the City of Salford Unitary Development Plan. 11. In order to address recycling and sustainability issues in accordance with policy DEV1 and EN20 of the City of Salford Unitary Development Plan and EN17a of the Salford City Council Deposit Draft UDP. Note(s) for Applicant 1. The applicant is advised that the basement areas will be vulnerable to flooding and that a pumping system is therefore required. 2. The applicant's attention is drawn to the contents of the attached letter from the Environment Agency. 3. Under the terms of the water Resources Act 1991 and the Land drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 metres of the top of the bank of the main river Irwell. 4. This development is subject to the planning obligation entered into by the applicant under Section 278 of the Highways Act 1980. 5. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 Saturdays 08:00 to 13:00 Construction works shall not be permitted on Sundays or Bank or Public Holidays Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 6. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. APPLICATION No: 05/50479/FUL 19 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 APPLICANT: Acroy Ltd LOCATION: Land At Chapel Wharf Bounded By Chapel Street, Clowes Street And River Irwell Salford 3 PROPOSAL: Demolition of existing buildings and erection of two blocks of 40 and 19 storeys compising 552 apartments, 988sq.m offices (A2 and B1), 290sq.m retail (A1, A4, A5) and 1963sq.m leisure (D2) with 228 car parking spaces and associated landscaping. WARD: Ordsall DESCRIPTION OF SITE AND PROPOSAL This application is a part of a larger site bounded by Chapel Street to the north, the Lowry Hotel and River Irwell to the south, Trinity Bridge House which houses the Inland Revenue, to the west and the Edge apartment development and Barlow’s Croft to the east for which outline planning consent is also sought on this agenda (05/49877/OUT). This application relates to that part of the site closest to buildings on Blackfriars Street and the Edge apartment development and runs from Chapel Street through to the river frontage. The application is for the first phase of that development but is submitted as a full application. The site currently includes open space between the Edge and the Lowry Hotel service yard and warehouses either side of Clowes Street. To the east of the site are the existing Lowry Hotel surface car park and the D C Thomson building. The Flat Iron Conservation Area borders the site in the northeast corner on the Chapel Street frontage. The scale of buildings around the site varies from two and three storey properties around Blackfriars Street and Chapel Street to larger scale eight to twelve storey buildings along Dearman’s Place and around the river Irwell. The Edge residential development recently completed to the east of the site rises to twenty-one storeys. There is no dominant style of building in the vicinity of the site with existing buildings ranging from Victorian properties forming the historical grain to Chapel Street and the wider conservation area, to modern structures such as Trinity Bridge House, the Lowry hotel and the Edge apartment development. There is no dominant building rhythm around the site. However, the site’s context is characterised by the historical tight street pattern to the northeast, with all other adjacent sites being made up of large-scale building plots. 20 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Existing roads within the site include an unnamed private service road situated to the east of the D C Thomson building that leads to the hotel service yard, Clowes Street which provides the only vehicular access to the Edge apartments and Barlow’s Croft, a narrow cul-de-sac that only serves the warehouse building that front it. It is proposed to demolish all buildings on the site and erect two blocks on the site arranged at 90 degrees to both the river and Chapel Street. The highest of these, closest to the river, would be a 40-storey tower between the Lowry hotel and the Edge apartments. The tower (Block A) would be set back from the river by 23m, would measure 35m by 16.5m and has a two storey base that contains a spa and leisure facility for the Lowry Hotel. This two-storey base would be set back by between 9m and 10m from the river. In comparison the Edge apartments are just 3m from the river and the Lowry Hotel is 7m from the rivers edge. Behind this tower would be a 19-storey block (Block B) that would run up to Chapel Street. This block would measure 81m by 14.5m and would sit on a larger four-storey podium base that fronts a new internal access road that serves as the main access to the development. There would be a two storey base (Block C) that fronts Chapel Street that would be set back 8.5m from the highway. The 19 storey element of the building would be set back 15m from the carriageway. The top of the tower would feature an illuminated screen. The development would provide a total of 552 apartments. There would be a mix of one, two and three bedroomed dwellings as well as a number of serviced apartments. The mix of apartment types is as follows:84 serviced apartments 43 studios 198 one-bed apartments 219 two-bed apartments 6 three-bed apartments 2 penthouses D C Thomson would be relocated within the development in new premises comprising 5,000sq.ft (465sq.m) on the Chapel Street frontage in the 19 storey building. In addition there would be 35,000sq.ft (3249sq.m) of commercial floorspace (A1, A2, A4, A5, B1, D1 and D2) at ground and first floor level throughout the development. The material proposed for the tower is glass. The tower is intended to be simple and elegant. There would be four types of glazing – clear glazed panels to living rooms, obscure glass privacy panels to bedrooms, solid glazed panels hiding the structure of the building and solid vertical louvered panels that would provide natural ventilation to the apartments. At the base of the tower, a large double storey entrance to the apartments marks the corner of the building. Closer to the Lowry Hotel the two storey spa facility would extend beyond the tower and this would be the location for the street level entrance to the spa facility. This full height two storey base 21 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 would be fully glazed to the internal street and moving round the base to the river this would give way to obscure glazing that would allow glimpses of the spa with solid walls screening the swimming pool and saunas on the river elevation. The 19 storey building would be predominantly glazed at ground floor to the commercial units, the remainder of the building would feature a similar glazing system to the tower but would also include rendered panels to the structure of the building, glazed balconies and perforated metal screens. Parking would be provided in two basement levels as well as within the podium of the 19 storey block. The visual impact of the car parking is reduced by the commercial uses at ground and first floors. The podium creates an upper level of private landscaped space that serves as private gardens for the 3 bedroomed apartments. There would be a total of 228 car parking spaces in this first phase, 88 of these, would be managed spaces for the Lowry Hotel. In addition there would be new single storey primary electricty sub-stations located on the infill site between Clowes Street and Barlows Croft. There would also be a link at first floor level from the existing Lowry Hotel into the proposed spa and leisure facility at the base of the 40-storey tower. It is proposed that the development is accessed via two existing roads. The primary site access to the development is proposed via a new road located between Dearman’s Place and Clowes Street that is currently used as a private service road. This would provide vehicular access to all the residential blocks as well as to the Lowry hotel. Clowes Street provides secondary vehicular access to a small number of car parking spaces serving the commercial units in the 19-storey block. Clowes Street also provides the main vehicular access to the Edge development and would continue to serve as a main pedestrian route from Chapel Street to the riverside walkway. At ground level the street would be animated with both commercial and retail units with a line of trees to assist informal spill out from those units. As part of the development a new signalised pedestrian crossing on Chapel Street adjacent to the entrance into the Deva Centre would be provided. Surface level car parking would be provided in front of the new electricity substations. Pedestrian access within and around the site is to be enhanced as part of the development. Pavements would also be improved on Clowes Street and on the new main access into the site that is currently a private service road. The site is well served by public transport with Chapel Street having 19 bus services running on it. Central Salford rail station is approximately 200m away and Manchester Victoria train station approximately 500m away. In addition the site is very close to the regional centre. 22 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The application has been amended significantly since it was first submitted. These amendments have been driven by officer and consultee concerns. These amendments have resulted in blocks being divided and space and light within the centre of the site being increased. The original scheme has been amended since it was first submitted by the increase in the height of the tower from 36 storeys to 40 storeys. In addition, the buildings have been made more slender and repositioned to increase the distance away from the Edge apartments. The application is accompanied by a number of documents:o Daylight and Sunlight Assessment o Environmental Wind Study o Transport Impact Assessment o Environmental Noise Study o Secure By Design o Flood Risk Assessment o Archaeological Desk Top Study This application represents the first phase of the overall development would be phased. The second phase would be the four remaining towers, the three 13 storey blocks and the 25 storey block closest to Trinity Bridge House. SITE HISTORY In April 1999 planning permission was granted in outline for the development of the larger Chapel Wharf site for mixed of uses comprising offices, hotels, residential, retail, restaurants and public houses (99/39108/OUT). Buildings completed within that original outline site include the Lowry hotel and the Bridge apartment building. CONSULTATIONS Manchester City Council – Manchester and Salford City Councils are currently working in partnership to develop a strategy for the Irwell Corridor that is intended to guide a co-ordinated approach to future land use and development within the Corridor area. It is believed that the determination of these applications for such a significant level of development on such key sites within the Corridor would be premature in advance of this strategy being agreed. In addition, while the information submitted with both applications gives full consideration to the setting of the sites within the City of Salford it fails to give consideration to the historic environment that lies directly opposite the application sites within the City of Manchester. The Parsonage Gardens Conservation Area extends along the riverside from the north-east as far as (and encompassing) the Grade II ‘listed’ Century Buildings. The applications should explicitly demonstrate that full regard has been given to this matter in accordance with the guidance contained in Planning Policy Guidance Note 15. 23 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Director of Environmental Services – No objections but recommends conditions regarding contaminated land and noise. CABE – Had a number of fundamental concerns with regard to the submitted outline application and have not made specific comment about this detailed application. They felt that there was too much accommodation and their concerns related mainly to the site planning and the massing of the slab blocks. They have been involved in discussions about amendments to the scheme but their latest response to the amended outline scheme still objects on the grounds of overdevelopment and they seek a fundamental rethink of the scheme. It is important to note that they have not made any criticism of the height or location of the tower and have stated that they are pleased to see that the generally the accommodation proposed is wider than it is deep and that the ends of the blocks are animated with windows and do not have the more usual blank flank wall. United Utilities – No objections. Central Salford Urban Regeneration Company –welcomes the significant revisions to the proposals that take fully into account earlier concerns expressed by CABE. This is a major and imposing project that will enhance the Regional Centre as a whole and accords completely with the Central Salford Draft Vision and Regeneration framework. Environment Agency – Now has no objection in principle to the proposed development but requests that conditions be attached regarding contamination. Greater Manchester Archaeological Unit – There is an archaeological implication for this development. The site is adjacent to the junction of Gravel Lane and Chapel Street which formed part of medieval Salford. The applicant has already begun to address archaeological issues through the submission of an archaeological desk top study but a condition should be attached to secure all archaeological interests. Greater Manchester Architectural Liaison Unit – Consider that the scheme will generate crime owing to the density and configuration of the apartments and freedom of movement and permeability and strongly object to the scheme and recommend refusal. The density of this development and the existing properties adjacent places an extreme burden upon the volume of traffic off the site via a single access/egress route onto Chapel Street and the potential congestion at the intersection with this junction. The opportunity for crime around this proposed development is high. Greater Manchester Passenger Transport Executive – Appreciates that the development is already accessible by public transport but considers that there may be capacity problems to be 24 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 addressed and therefore requests that financial contributions secured through a S106 agreement. It is also recommended that travel plans be submitted. PUBLICITY The application has been advertised by means of both site and press notices. The following neighbour addresses were notified of both the submitted and the amended plans: All apartments in The Edge, Clowes Street All apartments in Century Buildings, St Mary’s Parsonage All apartments in The Bridge, 40 Dearmans Place Lowry Hotel and Trinity Bridge House, Dearmans Place Delphian House, New Bailey Street Caxton Hall, Hilton House and Black Lion Hotel, Chapel Street 1-5 (incl) Black Lion Court, 75-79 Chapel Street 81 to 95 and Sacred Trinity Church, Chapel Street 1 and 3 Gravel Lane Conavon Court, Blackfriars Street All apartments in The Gallery, 18 Blackfriars Street 14, 16 and 22 to 28 Blackfriars Street All apartments in the Textile Apartments, 10 Blackfriars Street 10 Booth Street All apartments in Chapel Buildings, 4 Booth Street REPRESENTATIONS I have received a total of 70 letters of objection in response to the planning application publicity on both the submitted and amended schemes. Objections have principally been received from residents of The Edge and Century Buildings across the river in Manchester. The following issues have been raised:The proposal conflicts with policy H1 in that it does not contribute to the mix of dwellings in the area and leads to an oversupply of flats. Overdevelopment Insufficient amenity and open space is provided for future residents The height, scale and massing of the development is inappropriate. There is insufficient car parking. The scheme is contrary to policy. Impact on adjacent buildings is unacceptable. The principal of a very tall tower on this site was not envisaged under the original masterplan for the area 25 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 I have also received a detailed objection to the scheme on behalf of Countryside, the developers of the Edge apartment scheme. As well as objecting to the scheme for the reasons outlined above they have in addition prepared their own report assessing the impact of the proposed development on sunlight and daylight on blocks B, C and D of the Edge. Their report concludes that a wide selection of floors and blocks were tested and the results indicate that the level of daylight and sunlight is below the recommended levels as detailed in the BRE guidelines and that the proposals will have a detrimental effect on the level of daylight and sunlight on the Edge. The report does also point out that the BRE guidance is not mandatory and should not be seen as part of planning policy. But the agents acting for Countryside point out that it is nonetheless a material factor that must be taken into account when assessing an application. REGIONAL SPATIAL STRATEGY. DP3 - Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: CS5 – Central Salford Other policies: DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, H1 Housing Supply, H6 & H11 Open Space Provision. DRAFT REPLACEMENT UDP POLICY Site Specific: MX1 – Development in Mixed-Use Areas Other policies: DES1 Respecting Context, DES3 Design of Public Space, DES5 Tall Buildings, H1 Supply of Housing, H8 Open Space Provision Associated with New Housing Development, MX2 – Chapel Street frontage, DES2 Circulation and Movement, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments, DES7 Amenity of Users and Neighbours, DES11 Design and Crime, DEV6 Incremental Development, EN17A Resource Conservation. PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of the development is acceptable, whether the scale, massing and design of the building is of sufficiently high quality in this important part of the city, impact of the development on neighbours, whether there is sufficient parking and open space provision. Principle of the Development Policy H1 requires that an adequate supply of housing be brought forward with higher densities being required at accessible locations such as this site. Policy H1 also requires development to contribute toward a balanced mix of dwellings within the local area in terms of size, type, tenure and affordability. 26 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Policy ST11 seeks to ensure that new development is located on the most sustainable sites within the City and that less sustainable sites are only brought forward when necessary. The policy is based on the sequential approaches to development that are set out in national policy guidance and policy DP1 of Regional Planning Guidance for the North-West Draft Policy MX1/1 states that Chapel Street East will be developed as a vibrant mixed use area with a broad range of uses. Appropriate uses include housing, offices and retail uses. In determining whether a proposed mix of uses is appropriate, regard will be had to a number of factors, including the positive impact of the development on the regeneration of the wider area, the use on adjoining sites, the prominence of the location and the existing and previous use of the site. Draft Policy MX2 requires development along Chapel Street to incorporate active uses at ground floor level, including retail, food and drink and financial and professional services. The site is previously developed in a highly accessible location within the Regional Centre. The principle of the redevelopment of the site is therefore acceptable and in accordance with national government guidance. The application proposes a mix of uses, namely residential, commercial and retail, including active uses at ground floor level along Chapel Street, which is in accordance with Draft policies MX1 and MX2. The proposal itself has a mix of studio, one, two and three bedroom apartments. I consider that in this very central location within the regional centre, the level of provision is appropriate. The intended retail/commercial units offer activity at ground floor level. The proposed mix of uses is in accordance with policy H1 and I consider the proposed uses would provide an appropriate level of commercial activity that will result in a positive redevelopment of this vacant site. Design Policy DEV2 states that the City Council will not normally grant planning permission unless it is satisfied with the quality of design and the visual appearance of the development. Draft policy DES1 states that developments will be required to respond to their physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness via a number of factors that include the scale and size of the building, its contribution in the street scene and the quality of the proposed materials. Draft policy DES3 states that where development includes the provision of, or works to, public space, that public space must be designed to: i) Have a clear role and purpose, responding to established or proposed local economic, social, cultural and environmental needs; ii) Reflect and enhance the character and identity of the area; iii) Form an integral part of, and provide an appropriate setting for, surrounding developments; iv) Be attractive, safe, uncluttered and appropriately lit; v) Be of an appropriate scale; 27 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 vi) Connect to established pedestrian routes and other public spaces; and vii) Minimise, and make provision for, maintenance requirements. Draft policy DES5 states that tall buildings will be permitted where they meet a number of criteria. Those criteria include that the scale of the development is appropriate to its context and location; that the location is highly accessible to public transport, walking and cycling; that the building would relate positively to and interact well with the adjacent public realm; that the building would be of the highest quality design; that the building would make a positive addition to the skyline and would not detract from important views and that there would be no unacceptable impact on the setting of a listed building or on the character or appearance of a conservation area. The reasoned justification for the policy goes on to say that tall buildings are more likely to be appropriate within the mixed use areas identified on policy MX1 The architects for the scheme have sought to achieve a high quality of design and have made amendments to this design as a result of concerns expressed by CABE. The City Council’s architectural consultant, Peter Hunter, considers that the scheme, and the further amendments to it, is of the highest quality and I consider that his comments are worth setting down in full. In my view the discussions held as a result of CABE’s comments and the City Council’s concerns have had a very beneficial effect on the architecture and urban design of the proposed development. In particular the new urban geometry provides a more harmonious and dynamic range of proportions, scale and heights. By reducing and dividing the central block there are greater wall to wall dimensions and much improved visual and sunlight penetration. The emerging design of ground and podium level streetscape is to be welcomed and as previously discussed would benefit greatly by becoming part of an overall landscape strategy for the whole Chapel Wharf quarter. This would enable colours, textures, lighting, signage and planting to be co-ordinated and so create an identifiable destination within the City. The pedestrian routes are now more defined with active frontages and will provide opportunities for daytime and nighttime character with public art perhaps forming a theme towards the western end of Chapel Street. The additional height proposed for the main tower will increase its prominence and create a visual dialogue with the other tall structures being built in the area. For these reasons, the choice of cladding material will be crucial to the architectural character and should also be considered in daylight and nighttime vistas along Chapel Street and other long views. The ‘silhouette crown’ deserves very special consideration with possibilities for aerial sculpture and imaginative lighting. 28 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The proposals have evolved into a more confident character and when realised will enhance the architectural quality of the surrounding buildings and give Chapel Wharf the extra dimensions of city life already begun by the Edge and famous Calatrava bridge. The proposed material, as described earlier in this report, would provide a sympathetic contrast to the surrounding older buildings and would maintain the quality of the new developments that has been established in the area, such as the Lowry Hotel and The Edge. The use of predominantly glazed materials would allow visibility into the ground level uses and would provide for an animated night time perspective across this part of the City. The provision of the new public spaces through the site – to Chapel Street, between the two buildings and on the river frontage are also features of the scheme. The spaces have been designed well and open up pedestrian routes from Chapel Street to the riverside walkway in keeping with the traditional street pattern of this part of Chapel Street and the Flat Iron Conservation Area where the street frontage is punctuated at regular intervals by side streets that break up the mass of the buildings along the frontage. The new public spaces form an integral part of the scheme and are of an appropriate scale. I consider that the development fully accords with draft policy DES3. The taller buildings on the site are appropriate to their context and location and respond well to the new public space between them. The buildings are designed to a high standard and use high quality materials. I consider that the proposed development accords with policy DES5. Impact on adjacent Conservation Areas There are two nearby conservation areas: The flat iron Conservation Area and the Parsonage Gardens conservation area (located within Manchester on the opposite side of the River Irwell). The proposed development would be set back from the frontage of existing buildings on Chapel Street and would enable public realm improvements to take place. It would not have a detrimental impact on view into the Conservation Area along Chapel Street. The proposed single storey electricity sub-station would be located along the western boundary of the Conservation Area at the Barlow’s Croft cul-de-sac and would not be visible from any key view points within the conservation area. The Parsonage Gardens Conservation Area is located some 59m away, across the River Irwell. Members should note that The Edge development is closer to both conservation areas. It demonstrates that modern development can be located harmoniously with older properties. Effects of the development on neighbours 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. 29 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 I have received a number of objections from neighbouring residents regarding the impact of the proposed development on their amenity, and in particular loss of light and privacy. Given the city centre location of the site and the nature of the development, it is not appropriate to apply the interface standards that are used to guide development elsewhere within the city. Such concerns must be considered against the benefits of the scheme, namely the redevelopment of an underused and largely unattractive site, the provision of a mixture of uses, including active uses along the Chapel Street frontage, and the construction of buildings which would enhance the area and which accord fully with other Council policies. In terms of privacy I consider the separation distance of 59m metres across the river Irwell from the 40-storey tower to residential properties in Century Buildings to be acceptable with regards to privacy of its occupiers. To the Edge apartments closest to the river the proposed 40-storey tower is set back so that there would be no direct window to window views from either development. It is acknowledged that it is the central block of the Edge development (Block C) that is most affected by the proposed development. It is worth pointing out that of the two apartments on each storey in that gable end the living room window to the apartment closest to Chapel Street faces the other Edge block. The living room of the apartment closest to the river has a large corner window and so there are wide views that both face the other block in the Edge and face this proposed development. It is therefore only bedroom windows in each apartmen5 of Block C at the Edge that directly face this site. The windows in the tower (living rooms and bedrooms) would be approximately 18.5m from the windows in the Block C of the Edge. This distance is commensurate with the distance between the individual blocks comprising the Edge and I am satisfied that this distance, in this location, is acceptable. I do not therefore consider that there will be any significant loss of privacy or an unacceptable outlook suffered by residents surrounding the site. I do not consider that the height of the building is such that it would prove overdominant when viewed from any neighbouring property given the distances and circumstances described above. The relationship between Block D of The Edge and the 19-storey Block B of the proposal in that there would be a separation distance of 12.5m between the The blocks. The impact would be between bedroom windows in The Edge Block and bedroom windows of the proposed scheme and a balcony. Block D of The Edge was constructed so that the living room windows did not face the application site but that bedroom windows would be located just 2m from the boundary of their site. Although less than would normally be acceptable I consider that in this instance a distance of 12.5m is acceptable. The Daylight and Sunlight Assessment indicates that overshadowing impact will be most significant on Block C of ‘The Edge’ and that the greatest impact on diffuse daylight and direct sunlight will be to the windows of ‘The Edge’ apartment 117, the lowest habitable room identified in Block C. The daylight levels in the three rooms of apartment 117, however, are higher than minimum requirements set by British Standard 8206. It is therefore concluded that the daylight levels in all other apartments will also be acceptable. 30 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The Daylight and Sunlight report submitted by Countryside worked to BRE guidelines, not to the British Standards. Both have arrived at different results. I am of the opinion that if, according to the British Standard, no apartment in The Edge falls below the minimum standard then it would be incorrect to impose a higher standard than has previously been applied to new development. It is important to note that the impact on sunlight and daylight on the apartment most affected by the proposed scheme is the same for the proposed 40-storey tower as it would be for a notional 20 storey block in the same position. The environmental wind study demonstrates that the conditions within the site are considered acceptable although some additional measures would be required during the intermediate stage between building phases. All building entrances were observed to have acceptable sitting or standing conditions. Conditions at the entrance to the Edge at the southwest corner of the site remain windy but are improved as a result of the development. Conditions in the surrounding streets are generally similar to or better than existing site conditions. Particularly conditions around the Edge and Trinity Bridge House were slightly improved compared to existing site conditions. In conclusion, whilst I accept that the amenity of some of the neighbouring residents may be affected, I consider that the benefits of the scheme, namely the provision of high quality buildings which would make a positive contribution to the surrounding area, and the removal from the site of a number of unattractive and under-utilised sites and buildings outweigh concerns relating to loss of privacy, loss of light and overlooking. I therefore have no objections to the application in respect of residential amenity. Highways, Parking and Public Transport Policy A10, in line with Government guidance, seeks maximum parking standards for all developments. Within the emerging planning framework and in line with central government advice there is no policy requirement for a minimum level of parking. The traffic impact assessment submitted by the applicant shows that the proposed development would not have a material impact on the local highway network. Capacity assessments at the proposed site access junction with Chapel Street show that this junction would operate within capacity with minimal delays. I have received objections to the level of parking proposed that there is insufficient parking provided for the proposed development. The parking levels are in accordance with policy in this highly accessible location and I consider the parking levels proposed to be acceptable and would consider a greater level of provision to be contrary to both good practice, government advice and planning policy. In terms of highway safety I have no objections to the submitted scheme. Sustainable Construction 31 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Policy EN17a of the deposit draft UDP explains planning permission will not be granted if the development will have an unacceptable impact on the conservation of non-renewable resources. The applicant has stated the following with regard to sustainable construction:the development is on a brownfield site buildings will be designed for modular construction all units are fully accessible to all durable materials are proposed low energy lighting will be used throughout occupants will be provided with information regarding reducing energy requirements the level of parking is 60% for the residential units buildings will be designed to allow for prefabricated cladding construction to minimise construction waste prefabricated bathroom pods will be used throughout all units will have acoustic party walls to minimise sound transmission natural surveillance is promoted throughout there will be 24 hour concierge and manned site management office and have been designed for modular construction. Open Space Provision The development provides a significant level of amenity space to the south of the site. In accordance with policies H6, H11 and H8 of the revised deposit draft UDP and SPG7 open space and children’s play space can be accommodated off site through a financial contribution. This application proposes 1339 bed spaces, which equates to a commuted sum value of £320,396. In addition, in accordance with the Chapel Street SPG, a contribution of £1000 per apartment would be generated by the development for environmental improvements. It is envisaged that this sum would be spent on an extension of the free city centre shuttlebus service that operates in Manchester, environmental improvements to the surrounding area including public art on the river frontage, improvements to Chapel Street and improvements to the public transport infrastructure. Crime I consider that the concerns of the architectural liaison unit cannot be successfully addressed while at the same time meeting the desire of both CABE and the City Council for good pedestrian links through the scheme from Chapel Street to the riverside walkway. It is inevitable that a development of this size will generate opportunities for crime but this must be balanced against the benefits that such a development will bring and I am satisfied that the majority of the justifiable concerns of the police architectural liaison unit can be met through a condition requiring a scheme to be submitted that is capable of meeting their secure by design standards. Other Objections Raised by Neighbours 32 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 i) That there is an oversupply of flats in the area and that the scheme amounts to overdevelopment. This is a central location where higher dwelling densities should be encouraged and where it is right to provide apartments. All those objecting to the application live in apartment schemes themselves. The scheme does supply a greater mix of dwellings than at the Edge and in terms of the number of dwellings per site area this development would be less dense than the Edge development. ii) That insufficient amenity and open space is provided for residents Again this is a central location where many developments, such as Century Buildings and the residential schemes on Blackfriars Street have no outdoor amenity space whatsoever. The development does provide a significant level of amenity space as well as significant public realm. iii) That the development is contrary to policy Planning policy should properly be examined as a whole and I am satisfied that on balance the development is supported by national, regional and local planning policy. iv) That the principal of a very tall tower on this site was not envisaged under the original masterplan for the area. It is many years since any original masterplan for this area was first envisaged. The original outline planning approval for a mixed use development on the Chapel Wharf site did not prescribe any particular mix of height of development. VALUE ADDED TO DEVELOPMENT In accordance with the policies H6, H11, H8, SPG7, and the Chapel Street SPG the applicant has agreed to make a financial contribution towards the areas of spend outlined above. A total of £872,396 would be contributed in this regard. The applicant has also confirmed the use of sustainable building techniques. CONCLUSION I am satisfied that the amended design is of the highest quality and that the application would not have any significant detrimental effect upon the amenity of neighbouring residents or on the surrounding area in general. I am satisfied that the proposed development would not only enhance the character and appearance of the conservation area and act as a catalyst for future successful development but that it would signify the City Councils intent to accept only the highest quality of development. I am also satisfied that the level of on site parking is acceptable. I am satisfied that the application complies with policies of the development plan as a whole. It is recommended that the application be approved subject to the following conditions and that authority be given for the Strategic Director of Customer and Support Services to enter into a 33 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 legal agreement under Section 106 of the Town and Country Planning Act and Section 278 of the Highways Act. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. Standard Condition C01X Landscaping 3. No development shall be started until samples of all facing materials to be used for all external elevations and the roof of the development have been submitted to and approved in writing by the Local Planning Authority. 4. Standard Condition F04D Retention of Parking Spaces 5. No part of the development shall be occupied unless and until the applicant enters into an Agreement under Section 278 of the Highways Act to secure the provision of highway improvements at the vehicular entrances/exits to the site from Chapel Street and such improvements have been implemented in full. 6. Any A3, A4 or A5 use shall only operate between the hours of 8am and midnight on any day. 7. No development shall be commenced unless and until a secure by design scheme has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be capable of being accredited by Greater Manchester Police Architectural Liaison Unit under the secure by design scheme. 8. No development shall be commenced unless and until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development. 9. No development shall be commenced unless and until a scheme detailing all the following matters including; sustainable construction techniques; natural ventilation techniques; sustainable urban drainage systems; techniques to reduce solar heat gain and use of renewable energy sources; and all energy efficiency and sustainability matters have been submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any dwelling the approved scheme shall be installed and shall thereafter be 34 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 retained and maintained. 10. Prior to the commencement of development full details of the illuminated screen to the top of the 40 storey tower shall be submitted to and approved in writing by the local planning authority. Such details as are approved shall be implemented in full and maintained as such at all times prior to the occupation of any dwelling. 11. Prior to the bringin into use of any A3, A4 or A5 units the details of the fume extraction system serving the cooking and food preparation areas shall be designed such that there will be no odour or noise nuisance to local residents and shall be submitted to and approved in writing by the local planning authority. The approved system shall be installed and shall be used at all times that the premises are used for cooking or preparing food. The system shall be maintained and serviced in accordance with manufacturers recommendations. 12. Prior to the commencement of the development a scheme for the provision of recycling facilities within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of any of the residential units hereby approved. 13. No development/demolition shall take place within the proposal area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Director of Development Services. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R008A Development-Buildings in vicinity 4. Standard Reason R012A Parking only within curtilage 5. Standard Reason R026A Interests of highway safety 6. Standard Reason R005A Amenity-neighbours 7. To ensure the design of the scheme discourages crime in accordance with Policy DEV4 of the City of Salford Adopted UDP and Policy DES11 of the City of Salford Revised Deposit Draft Replacement Plan 8. Standard Reason R004A Amenity-area 35 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 9. In order to address recycling and sustainability issues in accordance with policy DEV1 and EN20 of the City of Salford Unitary Development Plan and EN17a of the Salford City Council Deposit Draft UDP. 10. Standard Reason R004A Amenity-area 11. Standard Reason R024A Amenity of future residents 12. In accordance with policy DEV1 of the City of Salford Unitary Development Plan 13. To make a record of remains of archaeological interest in accordance with policy EN14 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. This development is subject to the planning obligation entered into by the applicant under Section 278 of the Highways Act 1980. 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. APPLICATION No: 05/50913/FUL APPLICANT: Abito LOCATION: Land At Clippers Quay Trafford Road Salford PROPOSAL: Erection of 290 residential units within a block ranging from 8 to 11 storeys with glazed roof canopy above, and 400 sq.m floorspace for either retail shops or office accommodation and 87 parking spaces 36 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION WARD: 6th April 2006 Ordsall BACKGROUND Members will recall that this application, submitted by Abito for 290 apartments on land at Clippers Quay, has been presented twice before to the Planning and Transportation Regulatory Panel on the 19th January 2006 and 3rd November 2005 with previous recommendations to grant planning permission. At both of the previous Panel meetings members deferred consideration of the application and requested additional information be supplied. At the meeting on the 3rd November members requested further consideration of the following matters: travel plan, model of the proposal in context, details on sustainable drainage and construction, and consideration of a parking scheme at Merchants Quay. At the 19th January meeting members requested information on the context of the proposed development and consideration of a proposed ‘Water Living’ houseboats scheme. This scheme, has not been submitted as a planning application, is outside the red line boundary of this application and is proposed by a third party objector to the current application. I will summarise the information submitted in response to the previous deferrals and will then present an amended report describing and assessing the planning application as currently proposed. Travel Plan The applicant has submitted a revised travel plan, which introduces measures to reduce car use, maximise public transport use by the provision of information, pedestrian and cycle facilities. The travel plan includes actions to monitor and encourage walking, cycling and public transport use. The travel plan relates to both future employees of business and residents of the proposed building. It includes the provision of a free one-year Metrolink pass to all new residents. 37 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Detail on sustainable construction and drainage The applicant has detailed a number of sustainable construction techniques that are identified in the main body of the report. The applicant has explained in his letter dated 21st November 2005: “one of the issues raised at the Committee was the potential for grey water recycling. We have considered this matter in some depth. Any grey water recycling would require a tank together with a pumping and distribution system to the ground floor commercial units. Given that the water use on the ground floor commercial units is relatively low it has become clear from our considerations that the embodied energy in digging out and creating the tank and distribution system and the ongoing energy of pumping the grey water would outweigh any environmental benefits that the use of the grey water could provide.” The applicant proposes the use of photovoltaic cells to the roof of the building in order to generate electricity for the building from energy from the sun. Method Statement for Community Parking Scheme The applicant has submitted a method statement for an investigation into a residents/community parking scheme at Merchants Quay. The scheme seeks to investigate the current parking problems at Merchants Quay and to identify possible traffic management solutions. The method statement explains that occupancy surveys and vehicle registration plate surveys would be undertaken along with site surveys to assess whether a residents or community (residents and business) parking scheme would be beneficial. The proposals would be subject to a public consultation process to determine whether residents in the area would be in favour of such a scheme. Increase in Parking The applicant has increased on site car parking from 52 to 85 car parking spaces by way of an additional floor of parking. Five disabled spaces are proposed within the 85 spaces. Cycle and motorcycle parking facilities are also proposed. Change to building height and footprint To accommodate the additional floor of parking, the applicant has increased the height of the north elevation by 1.4metres. The number of apartments has remained the same as originally submitted as the height of the south facing elevation (the elevation facing the cinema site) has increased by one storey. In addition, the applicant has reduced the footprint of the building by moving the northern elevation of the building, which faces the dock, 5.5 metres southwards into the application site. Shadow Analysis The original shadow analysis has been updated to reflect the increase in height of 1.4 metres to the north elevation. The results show there is not a significant change in shadow upon properties of Merchants Quay from the building as previously submitted to the Panel. The shadow analysis has not been updated to reflect the footprint of the building moving 5.5 metres further away from Merchants Quay. 38 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Contextual Information The submitted contextual material introduces the history of the Manchester Docks, the regeneration of Salford Quays, covers flagship developments such as the Lowry and NV buildings, and provides detail regarding Clippers Quay. The applicant explains within this document that ASK developments, who are part of the same company as Abito, are forming proposals to develop the former Cinema site at Clippers Quay. The applicant explains that the development proposed within this current application and the redevelopment of the cinema site together will help to form a new urban space at Clippers Quay. The contextual information includes images of existing buildings at the Quays, transport links map of Salford Quays and a land use plan that shows the location of landmark buildings within the Quays, with the application site identified. The applicant also likens redevelopment at the Quays to redevelopment of waterfront areas in Barcelona, Toronto, Boston, Malmo and Rotterdam. Having reviewed the submitted contextual information I am satisfied that the proposed scheme has due regard to the existing context of the Quays and in particular, the Second Renaissance of Salford Quays and the emerging proposals for mixed use development of vacant land and buildings to the rear of the proposed Abito building. Pre-application Details of ‘Water Living’ Scheme The developer of the adjacent land, Harbourside Marina PLC, has elaborated on his proposals for a ‘Water Living’ development on a site measuring 12m wide and 55m long and on the water within Dock 6, through a pre-application meeting with Council Officers and by letter. In summary the proposal involves the development of 28 houseboats and proposes to utilise the entire water area for development along with a four storey multi-level car park and other on-land support facilities including bin stores. Harbourside Marina has suggested that it would be a high quality scheme and that this could be achieved through a management agreement and by planning conditions, however, at present it is difficult to assess whether the stated desire for quality development could be adequately controlled. The proposal for static houseboats is, as Harbourside Marina has explained, an untested concept in the United Kingdom. There are a number of environmental concerns relating to the water based aspect of the scheme that require further clarification and, as a Schedule 2 development, it may require an Environmental Impact Assessment. 1. The water within the Dock 6 basin is not treated and there is an issue of water contact and contamination having regard to the proposed residential use of the houseboats that has not been addressed. 2. This basin is not protected from the ingress of litter and other debris from the Ship Canal, which has both implications for both visual amenity and health. 3. The arrangements for foul drainage and refuse disposal that you describe would remain to be assessed for suitability. The location and requirements for a pump house, bin store and other supporting accommodation have not been clarified. 4. The provision for the maintenance of the dock walls has not been explained. 39 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 In terms of the land-based development, the scheme proposes a multi-storey car park for over 100 spaces on a quayside location. As a result of the shape of the site, it would be a long narrow building and is proposed at four storeys high. It would be located on the boundary of the site adjoining the Abito scheme and would project forward of the existing Optimum House office block and the proposed Abito apartment building. The Council’s well established policy and priority has been to seek active uses and frontages and high quality development fronting the Docks and to the Dockside walkways. The Council has been successful in achieving this. The ‘Water Living’ scheme is described for the Panel’s information only as the developer of the proposal considers that the Abito scheme would prejudice its implementation. A summary of their objection and an assessment of whether the Abito scheme would affect its potential implementation is discussed later in the report. I will now turn to the assessment of the planning application as currently proposed for consideration. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DESCRIPTION OF SITE AND PROPOSAL This application relates to land on Clippers Quay on the site of the former Waterside Public House. The site is bounded by the three storey Copthorne Hotel to the east, four storey office block Optmium House to the west, former Cinema site to the south and Dock 6 to the north. The existing dockside walkway separates the site from the Dock. On the other side of dock 6, 80 metres to the north of this site, is the residential development of Merchants Quay, which consists of low-level two and three storey housing. The site covers an area of 0.3 hectares. The applicant proposes to erect an eleven storey building fronting Dock 6 which would rake down to eight storeys fronting Clippers Quay. The footprint of the building is roughly square in shape and would be built to the edge of the site boundary. The building would comprise 282 studio apartments and 8 two-bedroom apartments at first floor level and above. An internal courtyard area is proposed in the middle of the building with access to the apartments from this courtyard. Fronting Clippers Quay at ground floor would be a commercial unit 100sq.m. Access to the residential units and access to the parking area is also from Clippers Quay. Fronting the dockside walkway there would be 300sq.m. of commercial floorspace at ground floor level. The building would be set back from the dockside by 16 metres. There would be one access point for residents on the south elevation. Waste and recycling facilities would be at the side of the building on the west elevation. The 85 car parking spaces are located at ground and mezzanine floor levels. The concierge, post room and an internal communal courtyard being contained in the centre of the building on a raised podium, within an atrium. The building would be topped by a fabric roof canopy clad in photovoltaic cells supported by metal posts and cables, which would cover the internal courtyard. 40 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The Abito concept is to offer cheaper ‘city centre’ residential accommodation to young professionals and they would be approximately 25% less expensive than equivalent one bedroom apartments in the city centre. Each studio apartment would have a balcony and would comprise one room separated into various parts by a freestanding central unit that houses all the services. The elevations comprise full height and width glazing behind the balconies. The application has been submitted with a planning statement, design statement, shadow analysis and wind conditions report. The planning statement seeks to justify the development with regard to local and national planning policies. The shadow analysis shows the existing shadow situation without the proposed building, shadow impacts with the building and has been updated to show the impact of shadow if the building had been rotated through 180 degrees. The shadow report has been produced for December, September and June. The wind report states that wind conditions are expected to be tolerable, or better, for leisure walking in the worst case wind scenario. As stated in the background section above the applicant has submitted further information throughout the application process. The applicant, Abito, has also submitted information relating to the Abito development at Gravel Lane, Greengate, now under construction, which members will recall was approved by Panel in October 2004 (reference 04/48765/FUL). SITE HISTORY In 2003, planning permission was granted for the retention of a temporary car park and retention of temporary 2.4 metre high fencing and gates. Permission was granted until December 2004. (03/46752/FUL) In 2004, planning permission was granted for the retention of a car park for a temporary period. Permission was granted until 10th November 2005. (04/49198/FUL). There is also a permission for the retention of a car park for a temporary period until October 2006 (05/51415/FUL). CONSULTATIONS Director of Environmental Services – No objections recommends a contaminated land condition, condition requiring a noise assessment and a condition limiting the fixed plant and machinery to not exceed background noise levels at the nearest noise sensitive property. No comments were received with regard to recycling facilities. United Utilities – No comments received. Trafford Metropolitan Borough Council – No comments received. 41 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Central Salford Urban Regeneration Company – The site is a key gateway location. The submitted schematic plan is welcomed. How does this development fit next to the Copthorne Hotel. East and west elevations at ground floor level appear sterile due to the tall louvres, commercial activity at these levels would be more desirable. Concern over the fin walls and would like to know the views of the Councils architectural advisor on the scheme. Environment Agency – No objection in principle but as a landfill site is identified within 250 metres of the site recommend a comprehensive landfill gas site investigation be carried out. Greater Manchester Archaeological Unit – No known features of archaeological importance on the site. Greater Manchester Architectural Liaison Unit – Concern over the external parking area this should have some form of boundary treatment. Recommend internal connection to recycling facilities. Secure entry system is needed into the car park. Roller shutters and lighting should meet standards. Recommend the canopy be raised in height to allow driving rain in so that persons are discouraged from loitering. Party boundaries should be at least 1.5m in height. Recommends application be refused. GMPTE – The site is well located in relation to public transport and the site benefits from its close proximity to Exchange Quay Metrolink Eccles to Manchester Line. The site is also within walking distance of the nearest bus stops on Trafford Road. Future residents, employees and visitors of the proposed development would therefore have access to a genuine choice of travel mode which should help to reduce the amount of car travel otherwise generated by this development. In an area well served by public transport such as Salford Quays, the aspiration should be to have a reduced amount of car parking in new developments in order to assist in the promotion of more sustainable travel patterns, and to capitalise on the advantages of the public transport provision in the area. It is therefore encouraging to note the low level of car parking provision accompanying this application, this should also help reduce the amount of car travel that could otherwise be associated with this development. It should therefore be ensured that car parking provision does not increase with any future amended details or resubmission of this application. GMPTE also suggest additional measures to be incorporated by the applicant to raise awareness of public transport services in the area by: o Provision of public transport information to occupants of the new development, o Provision of a free one year travel pass for each residential unit, o Development of a site intranet with public transport information, o Personalised journey planning, o Improving access to, or increasing capacity of, public transport facilities. Peter Hunter, Architectural Consultant – Satisfied with the design following amended elevations. PUBLICITY 42 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The application has been advertised by means of both site and press notices. The following neighbour addresses were notified: 29 to 77 odd Merchants Quay Optimum House, Clippers Quay Regatta House, Clippers Quay Clippers House, Clippers Quay Copthorne Hotel, Clippers Quay The above addresses and all objectors to the application have been consulted over amendments to the application. REPRESENTATIONS I have received 49 letters of objection in response to the planning application publicity. Objections have been received from residents of Merchants Quay, Legendary Property Company who own the adjacent Clippers House Office block and also from the Merchants Quay Residents Association. The following issues have been raised:o o o o o o o o o o o o o o o o o o o o Parking is insufficient and will result in on street parking especially in Merchants Quay Development will lead to displacement of car parking, Appearance. The design is not appropriate. Height is much taller than surrounding buildings Anything above 5 storeys would be out of character Impact of shadowing. Shadow will be cast Privacy will be lost to houses on Merchants Quay Whole area is overdeveloped As the apartments are lower cost the quality of the tenants will be lower The development will not be affordable Impact may be better if the building were rotated through 180 degrees. The number of units should be reduced Other recent developments in the area have 100% car parking, This development would set a precedent for inadequate parking, Free travel would only be for one year, If future residents of this scheme will walk to the tram stop they will walk just as far to park their cars on Merchants Quay, Parking on Merchants Quay is already a problem, The proposed glass and steel building is out of context with the area, The proposal will drive tourists away from Salford Quays, The development is out of context as it will provide transient low cost housing, 43 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 o The proposal will impinge upon future development of the waterside including house boats and boats for business. o Proposed development by Abito is for a predominantly high density residential which is out of character with the surrounding area and is very close to, and directly overlooking adjoining landowners land The site density at 940 dwellings per hectare and near 100% plot coverage together with the scale and mass of the development is too much; An objection has been submitted on behalf of Harbourside Marina PLC who have stated they have a long lease ownership interest in the dockside walkway in front of the Abito application and a strip of land 12 metres wide by 55 metres long between the Abito site and the Optimum House office block to the west. The scheme has been detailed in the Background section of the report. Harbourside Marina explain their objections to the application are that: o the Abito application, given its habitable room windows (of 74 apartments) to the western elevation are 2.4m from the boundary with balconies 0.9m from the boundary, would stifle the development of the 12m wide by 55m wide strip of land and its airspace above ground level; o the Abito proposal would preclude the development of house boats as three levels of parking are required; o the Abito scheme does not contribute to a comprehensive redevelopment of Clippers Quay, as it has been submitted in isolation of any other site, and is contrary to policy DEV6 as it prevents redevelopment of an adjacent site I have also received three letters of support. One each from the Manchester Ship Canal Company and the Copthorne Hotel. I have also received a letter of support from Hulley and Kirkwood Consulting Engineers. The letter states the company wish to relocate to the proposed office space within this development. The company are currently based in Castelfield. REGIONAL SPATIAL STRATEGY. SD1 – The North West Metropolitan Area Regional Poles and Surrounding Areas DP3 - Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: none Other policies: DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, H1 Housing Supply, H6 & H11 Open Space Provision. DRAFT REPLACEMENT PLAN POLICIES Site Specific: MX1/3 Development in Mixed Use Areas – Salford Quays 44 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Other policies: DES1 Respecting Context, H1 Supply of Housing, H8 Open Space Provision Associated with New Housing Development, DES2 Circulation and Movement, DES5 Tall Buildings, DES6 Waterside Development, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments, DES7 Amenity of Users and Neighbours, DES11 Design and Crime, DEV6 Incremental Development, EN17A Resource Conservation. PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of the development is acceptable, whether the whether the design of the building is of sufficiently high quality in this important part of the city, impact of shadow and privacy, whether there is sufficient parking, open space provision and whether the proposals are premature. Principle of the Development Policy H1 requires that an adequate supply of housing is brought forward with higher densities being required at accessible locations such as this site. Policy H1 also requires development to contribute toward a balanced mix of dwellings within the local area in terms of size, type, tenure and affordability. Draft policy MX1 states that the wider area that includes this site will be developed as vibrant mixed use areas with a broad range of uses and activities and that in determining the appropriate mix of uses on individual sites regard will be had to a number of factors. These factors include the positive impact that the proposed development could have on the regeneration of the wider area; the use on adjoining sites and the extent to which the proposed development would support the objective of maintaining a mix and balance of uses throughout the mixed use area; the contribution that the proposed development would make towards securing activity in the area throughout the day. The proposal itself has a mix, albeit weighted toward studio flats, of size of unit. Within the Salford Quays area there are no other developments either existing or proposed that offer this size of accommodation. The intended retail/commercial units offer activity at ground floor level. The proposed mix of uses is in accordance with policies H1 and MX1/3 and I consider the proposed uses, subject to a restriction to retail uses and office use, would provide positive redevelopment of this site. Design Policy DEV2 states that the City Council will not normally grant planning permission unless it is satisfied with the quality of design and the visual appearance of the development. Draft policy DES1 states that developments will be required to respond to their physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness via a number of factors that include the scale and size of the building, its contribution in the street scene and the quality of the proposed materials. The nature of the building, one-bedroomed apartments that all have a balcony, has to a considerable degree dictated what the elevations will look like. The architects for the scheme 45 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 have sought to achieve a high quality of design. I agree with the URC that the louvres at ground floor will not present a welcoming pedestrian level and should be screened by soft landscaping which could be positioned adjacent to the louvres. Plants/shrubs would also help to filter pollution from exhaust fumes and would still allow the car park to be naturally ventilated. I consider this can be resolved through the imposition of a condition. Peter Hunter supports the scheme and as such I am satisfied the appearance of the building will be of a sufficiently high standard of design, subject to the louvres at ground floor level being screened by soft landscaping. The reduced footprint of the building enhances the size of the dockside walkway, in accordance with policy DES6. Shadowing and Privacy Policy DEV1 requires that shadowing be taken into account and DES7 states development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other development. The submitted shadow report has been amended to take into account the increase in height of 1.4 metres, but not the reduction in building footprint. The impact of shadow to Merchants Quay would be marginally reduced as a result of the 5.5 metres pull back from the dockside. The shadow report does show shadowing, as a result of this development, to residential properties on Merchants Quay between 10:00 and 15:00 in December. The shadow cast from this development would move west to east gradually through the day. At 10:00 properties 55 to 73 odd Merchants Quay would be in shadow, at 11:00 properties 39 to 67 odd Merchants Quay would be in shadow, at 12:00 31 to 49 odd Merchants Quay would be in shadow, at 13:00 9 to 37 odd Merchants Quay would be in shadow, 14:00 1 to 31 odd would be in shadow, at 15:00 number 1 Merchants Quay would be in shadow. The shadowing scenario without the development produces a shadow to 75 and 77 Merchants Quay at 10:00, this shadow is cast by the adjacent four storey Optimum House office block. In September with the proposed building in the model, the report shows the building would not cast a shadow onto Merchants Quay with the same result evident in June. The submitted shadow report has been amended to show the impact of shadow should the building have been rotated through 180 degrees, as suggested by an objector. The shadowing impact is no different to houses on Merchants Quay that are adjacent to Dock 6. Whilst there is undoubtedly shadow impact to houses on Merchants Quay in December there is no impact at the equinox (March and September). As the negative impact is limited to winter and to limited periods of the day, when occupiers are less likely to be using outside space, I find the impact of shadow to be on balance acceptable. In terms of privacy I consider the separation distance of 80 metres across Dock 6 to properties on Merchants Quay to be acceptable with regards to privacy of occupiers of properties on Merchants Quay. Parking & Public Transport 46 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 I have received objection to the level of parking proposed from residents of Merchants Quay and from the Merchants Quay residents association. Residents of Merchants Quay fear that occupiers of this proposed development will park their cars on Merchants Quay, as happens when Manchester United play at home. As stated above GMPTE consider the parking levels proposed to be acceptable and would not like a higher level of parking. In terms of highway safety I have no objections to the submitted scheme. Policy A10, in line with Government guidance, seeks maximum parking standards for all developments. Within the emerging planning framework there is no policy requirement for a minimum level of parking. Policy A10 requires that developers investigate measures to reduce the need for car parking provision and states on street parking measures could be introduced to restrict displacement of car parking. The applicant has submitted a method statement for an investigation into a community parking scheme at Merchants Quay. The scheme seeks to investigate current parking problems at Merchants Quay and to identify possible traffic management solutions. The method statement explains that occupancy surveys and vehicle registration plate surveys would be would be undertaken along with site surveys to assess whether a residents or community (residents and business) parking scheme would be beneficial. Such a scheme would then have to undergo a public consultation process to determine whether residents would be in favour of such a scheme. The applicant has offered to fund such a study up to the value of £20,000. I am advised by the Highway Engineer that such a study could be undertaken within a £20,000 budget. GMPTE explain there is a choice of travel options to and from this site I consider the provision of a one year travel pass per residential unit to be essential to establishing sustainable travel patterns. In line with the suggestion of GMPTE the developer has agreed to enter into a legal agreement to provide free one year travel passes for the Metrolink and local buses. The parking study for merchants Quay would also need to be tied into a S106 Obligation. Subject to such an agreement being reached I am satisfied with the proposed level of parking. The site is well served by a choice of means of transport and the development would support sustainable patterns of transport, reducing reliance on the car in accordance with government and regional guidance and local planning policy. Design and Crime Issues The architectural liaison unit raised detailed concerns about the design that have been largely addressed by the applicant. I do not agree that the main canopy should be altered to allow the weather to penetrate otherwise useable incidental amenity space. I agree that there should be defensible space around the external parking area but this could be integrated into the soft landscaping scheme rather than by enclosing this area with railings. I consider that the provision of a secure entry system can be included through the use of condition. I consider subject to appropriate conditions to secure the above the application is in accordance with policies DEV4 and DES11. Sustainable Construction 47 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Policy EN17a of the deposit draft UDP explains planning permission will not be granted if the development will have an unacceptable impact on the conservation of non-renewable resources. In response to this policy the applicant has confirmed the following measures will be included with the building: The concrete wall construction method provides a good thermal mass reducing energy use. The building is constructed using improved “U” values over and above building control levels. The lighting of the apartments utilises up lighters enabling the use of low energy luminaries, reducing energy use. The residential apartments, offices and central amenity space are naturally ventilated reducing energy use and emissions. The orientation & thermal modelling of the building specifically utilises solar gain reducing energy use and the need for mechanical heating and ventilation reducing emissions. The developer and building owner, Abito, will procure power via a Green Tariff Provider, drawing on renewable energy sources. All balcony and terrace lighting will be provided utilising power from Photo Voltaic Cells (PV Cells), a renewable source of energy. The applicant intends to install PV Cells to the roof structure. The apartments sanitary ware will include water flow control devices. All timber used in the building will be Forrest Stewardship Approved. The applicant has confirmed photovoltaic cells will be introduced to the building which would be used to provide energy from the sun for lighting of communal and balcony areas within the development. The applicant has stated that grey water recycling would result in more energy being used as a result of the pumping of water around the building and initial works to install the system. I am satisfied the photovoltaic cells would be in accordance with the general thrusts of policy EN17a. I consider the above measures are to be welcomed and will help to reduce the impact of the building on non-renewable resources. Prematurity Draft policy DEV6 states that on sites within or immediately adjacent to an area identified for major development, planning permission will not be granted for incremental development that would unacceptably hamper or reduce the development options for that wider area. The policy states that in some circumstances it may be appropriate for redevelopment to be resisted until a masterplan has been produced for the wider site. There are currently no plans for a masterplan for the Dock 6 area and this would potentially involve a lengthy process. The applicant has submitted contextual information with regards to this proposal and the wider area, which I have summarised in the opening section of the report. 48 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Policy DES1, under point vi) requires regard to be had to the potential impact of the proposed development on the redevelopment of an adjacent site. On the question of whether the Abito application prejudices the possible future development of this site I am of the opinion that development would not necessarily be precluded at ground and first floor levels. This is due to the west elevation of the Abito proposal at ground and mezzanine level being car parking areas. Above this level the Abito application does have windows facing westward toward the this site. Any future planning application on the land owned by Harbourside Marina would be judged on its merits against the prevailing planning policies and other material planning considerations at the time. Parking standards of the City Council reflect those of Central Government Guidance by imposing maximum parking standards. From a planning policy perspective parking associated with any future planning application for house boats would not necessarily require the level of parking stipulated by Harbourside Marina. In summary, the proposed Abito development would not preclude the water-based element of the ‘Water Living’ scheme, subject to the environmental constraints described earlier, and the footprint of the building has been moved 5.5m away from the edge of the dockside walkway. I do not consider that the land-based element of the Harbourside Marina scheme, the four storey multi-storey car park and support uses, would be a suitable use or of an appropriate scale adjacent to the waterside in a location where high quality development and active uses are sought. Some development at a lower level, however, may be acceptable and would not be prejudiced by the Abito scheme. I do not consider that this current application is contrary to policy DES1. The 12m wide strip of land currently provides access from Clippers Quay to the Dockside and is subject to a covenant, to which the Council is party, to ensure access for maintenance of the dock walls. It is the only means of access to the east and south boundaries of the quay. The Abito application does not impinge on this existing use. As the Councils architectural advisor considers the scheme to be acceptable, and given the information submitted with the application, I recommend this application be assessed on its merits without the need for a masterplan first. The proposal maintains reasonable distances from neighbouring buildings and I consider it would not necessarily hamper or reduce the development options for the wider Dock 6 area. I consider that the scale, mass and density of the development is appropriate with regard to the site and its location within the mixed use area of this part of Salford Quays. Open Space Provision Each apartment has a small amount of incidental amenity space via a balcony and access to the internal courtyard area. In accordance with policies H6, H11 and H8 of the revised deposit draft UDP and SPG7 open space and children’s play space can be accommodated off site through a financial contribution. This application proposes 588 bedspaces, which equates to a commuted sum value of £227,911. 49 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Other Matters Not Covered Above Whilst a library and social amenity uses may be acceptable at this site the submitted application proposes uses which I consider are consistent with the existing and emerging planning framework. The value of property is not a material planning consideration. A restrictive covenant provided by Abito that shows the land can not be developed and must remain open for unrestricted access by stating the covenant would be no longer enforceable and if it were Harbourside Marina would apply for it to be removed. Whilst the issue of the restrictive covenant can be a material planning consideration I understand from the objectors letter that the covenant can be lifted and would be a matter between respective landowners. VALUE ADDED TO DEVELOPMENT In accordance with the policies H6, H11, H8 and SPG7, the applicant has agreed to make a financial contribution towards childrens play space, open space or local environmental improvements. A total of £227,911 would be contributed in this regard. The applicant has agreed to fund, albeit with a small contribution from future occupiers, a one year travel pass. The applicant has committed to funding a parking study, at Merchants Quay, up to the value of £20,000. The applicant has also confirmed the use of some sustainable building techniques. CONCLUSION I consider that the main issues are the level of parking and how people travel to and from the development, whether the design and density of the proposed building is acceptable, the impact of shadow and whether neighbouring land is stifled by the proposal. I am satisfied that the design is acceptable and that the application would not hamper or reduce the development options for the wider area. I am also satisfied that the impact of shadow is acceptable. I consider that at this accessible location in close proximity to Metrolink, with measures of a travel plan and free one year Metrolink and buss pass that the level of on site parking is acceptable. The proposed Merchants Quay parking study would also allow residents of Merchants Quay to decide if additional parking restrictions to limit parking there to residents and business of Merchants Quay is appropriate. I am satisfied that the application complies with policies of the development plan as a whole. RECOMMENDATION Approve subject to the following conditions and that the Strategic Director of Customer and Support Services be given authority to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the provision of improved local open space/play equipment, one free one year travel pass for each flat and a parking study 50 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A01 Five year time limit 2. The use of the ground floor units, as annotated as commercial units on ground floor plan (0)A003/D, shall relate only to the use for retail uses and office uses within Class A1, A2, A3, A4, A5 or B1; of the Town and Country Planning (Use Classes) Order 2005. 3. Standard Condition M08 Site Investigation - new 4. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. The scheme to be submitted, shall include details of trees to be planted along the dockside walkway, details of the tree pits which should not protrude above ground level, and shall include details of a soft landscape screening to the louvres at ground floor level along the west and east elevations. Such scheme shall also include full details of shrubs to be planted, walls, fences, boundary and surface treatment. Once approved such scheme shall be carried out within twelve months; of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 5. Prior to the commencement of development the applicant shall submit for written approval an assessment of noise likely to affect the application site. The assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road and tram network including Trafford Road, and any other local noise sources which are deemed significant on the site. The assessment shall identify all noise attenuation measures which may be determined appropriate to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. Consideration shall also be given to achieving adequate rapid ventilation and Summer cooling whilst achieving the requirements of BS28233:1999. If deemed necessary, alternative ventilation measures shall be identified and incorporated into the noise assessment report. Once agreed, all identified noise control measures shall be implemented prior to occupation and shall be thereafter retained. 6. Noise from fixed plant and machinery on the site (LAeq,t) shall not exceed the background level (LA90,t) at the boundary of the nearest noise sensitive properties at any time. 7. The development permitted by this planning permission shall not be started by the 51 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for open space and recreation space purposes. The planning obligation will also provide that each residential unit is supplied with a one year travel pass for buses and Metrolink in accordance with policy A10 of the Revised Deposit Draft Replacement Plan 2003. The planning obligation will also provide that a financial contribution of up to £20,000 will be paid to the Local Planning Authority for the funding of an investigation into a community parking scheme on Merchants Quay. 8. No A3, A4 or A5 retail unit shall be brought into use unless and until a detailed scheme for the extraction system which treats fumes and odours before their emission to the atmosphere so as to render them innocuous has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail how the extraction unit will be attenuated and mounted to minimise the transmission of airbourne and structure bourne noise and vibration. The works forming the approved scheme shall be completed entirely in accordance with the approved scheme and thereafter the works forming the approved scheme shall at all times remain in place. 9. The car parking parking, disabled parking spaces and cycle parking spaces shown on the submitted plan(s) shall be made available at all times in connection with the use of the premises, to the satisfaction of the Local Planning Authority. 10. Prior to the commencement of development the developer shall submit, for the approval of the Local Planning Authority, a scheme to detail measures to ensure entrances are operated on a secure entry system. Once approved the scheme shall be implemented prior to the occupation of the residential units hereby approved in accordance with the approved scheme and the scheme shall be thereafter maintained. 11. Prior to the first occupation of development the developer shall submit a scheme for the written approval of the Local Planning Authority detailing the proposed artwork within atrium and details of the lightbox to the south elevation. Once approved the scheme shall be carried out within 12 months of the occupation of the development and thereafter shall be maintained. 12. 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 Local Planning Authority. 52 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 13. The site shall be treated in accordance with a lighting scheme which shall be submitted to and approved by the Local Planning Authority before development is started. The scheme to be submitted, shall include details of lighting columns or bollards or lighting fixed to the building and details of the luminance levels of such lighting. Once approved such scheme shall be carried out prior to the first occupation of the development; and thereafter shall be maintained. 14. The submitted Travel Plan, dated 25th November 2005, shall be implemented in accordance with the stated Objectives and Targets, Mode Choice Initiatvies, Process for Implementation, Monitoring and Review Mechanisms and Marketing and Communication sections unless otherwise agreed in writing by the Local Planning Authority. 15. Prior to the commencement of development the developer shall submit a scheme for the written approval of the Local Planning Authority to detail the incorporation of photovoltaic system to the roofs of the developments hereby approved. Such photovoltaic system shall be used to provide energy for the development hereby approved. Prior to the occupation of any retail, business or residential unit the approved scheme shall be installed and shall thereafter be retained and maintained. (Reasons) 1. Standard Reason R000 Section 91 2. Reason: The site is in an area where industrial uses would not normally be permitted, regard has been given to the particular nature of the proposed use in accordance with policy DEV 1 of the City of Salford Unitary Development Plan and MX1/3 Deposit Draft Unitary Development Plan. 3. Standard Reason R028A Public safety 4. Standard Reason R004A Amenity-area 5. Standard Reason R024A Amenity of future residents 6. Standard Reason R004A Amenity-area 7. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 and provides a contribution towards the use of mutli modal travel to and from the site in accordance with policy A10 of the Revised Deposit Draft Replacement Plan 2003. 53 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 8. Standard Reason R004A Amenity-area 9. To ensure that the development is accessible for people with disabilities in accordance with policy DEV 5 of the City of Salford Unitary Development Plan and policy A10 of the Salford City Council Draft Deposit Unitary Development Plan. 10. Reason: To safeguard the security of the area in accordance with policy DEV4 of the City of Salford Unitary Development Plan and DES11 of the Revised Deposit Unitary Development Plan. 11. Standard Reason R004A Amenity-area 12. Standard Reason R004A Amenity-area 13. Standard Reason R004A Amenity-area 14. In the interests of moving towards sustainability, reducing environmental pollution and promoting energy conservation in accordance with Policy A1 of the Revised Replacement Draft City of Salford Unitary Development Plan . 15. In order to provide recycling facilities in accordance with policy DEV1 and EN20 of the City of Salford Unitary Development Plan and EN17a of the Salford City Council Deposit Draft UDP. Note(s) for Applicant 1. The applicant's attention is drawn to the contents of the attached letter from the Environment Agency. 2. For further discussions regarding the requirements of the Contaminated Land Condition, the applicant/developer is advised to contact the Pollution Control Section of the Environment Directorate (Tel: (0161) 737 0551 3. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. 4. Construction works should not take place outside the following hours: Monday to Friday inclusive 08:00 to 18:00, Saturdays 08:00 to 13:00. Construction works should not be undertaken on Sundays or Bank/Public Holidays. Access and egress for delivery vehicles should be restricted to the working hours indicated above. 54 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 5. This approval shall relate to the application as supplemented by submitted letters from Drivers Jonas, on behalf of the applicant, dated 28 September 2005, 7th October 2005 and 19th October 2005 and to the amended plans as received on the 21st November 2005 and 5th December 2005. APPLICATION No: 05/51648/FUL APPLICANT: K France And A Davies LOCATION: Land Formerly 272 - 280 Chapel Street Salford M3 5JZ PROPOSAL: Demolition of existing buildings and erection of one-six storey building comprising A1/A3/B1 uses on ground floor with 38 apartments above together with associated car parking and alteration to existing vehicular access WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL This application relates to an existing used car showroom and forecourt on Chapel Street. The existing building is single storey and clad with a grey and blue metal cladding system. Cars are currently displayed within the main building and to the west on a forecourt fronting St Philips Place. Adjoining the existing building is a vacant public house. Beyond the public house is an accountants firm which occupies all of the remaining buildings within this block to Great George Street. To the rear of the site is Bank Street, St Philips Square and the Grade II* St Philips 55 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Church. To the west of the site is the Angel Centre, a modern two storey extension to the former Salford Royal Hospital. The Angel Centre is a clinic and the former Salford Royal is now in residential use. The site is within the Adelphi / Bexley Square Conservation Area, the Chapel Street Regeneration Area and the boundary of the Central Salford Urban Regeneration Company (URC). The site is a key location on the northern side of Chapel Street. The openness of application site and the low height of the Angel Centre, allow for views of the listed building from a number of vantage points along Chapel Street. The application seeks the demolition of the existing building and erection of one five storey building comprising 33 apartments. The ground floor would comprise of two commercial units (total 346 sq.m - class A1/A3/B1) together with associated parking for ten cars and alterations to the existing vehicular access. The application has been amended and substantially redesigned from that originally submitted. The overall height of the building has been reduced, the elevational detail has been simplified and th4 type of materials have been improved to enhance the relationship with surrounding buildings especially St Phillips Church. The proposed mix of apartments would be: nine-one bed apartments, 23 – two bed apartments and one-three bed apartment. Each of the consultees have been re-consulted upon the amended scheme. A further application for Conservation Area Consent has also been received for the demolition of the building (06/52247/CON). SITE HISTORY In June last year a similar scheme for the demolition of existing buildings and erection of one-six storey building comprising A1/A3/B1 uses on ground floor with 38 apartments above together with associated car parking and alteration to existing vehicular access was refused under the Council’s scheme of delegation (05/51648/FUL). The reasons for reason are: 1. The proposal would, by reason of its size, siting design and external appearance, be detrimental to the setting of St Philips Church a Grade II* Listed Building contrary to City of Salford Unitary Development Plan policy EN12 and Revised Deposit Draft Replacement Plan policies CH5 and DES1 2. The proposed size, siting, design and external appearance of the development would not preserve or enhance the character of the Adelphi / Bexley Square Conservation Area contrary to 56 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 the adopted City of Salford Unitary Development Plan policies EN11 and DEV2 and Revised Deposit Draft Replacement Plan policies CH4 and DES1 CONSULTATIONS The Director of Environmental Services – No objection subject to the provision of a site investigation report and noise assessment. Central Salford Urban Regeneration Company – The URC still has some reservations about the limited scale of commercial floorspace, but overall no objections The Police Architectural Liaison Officer – Offered advice regarding security concerns. The issues raised have been addressed through the re-design. The Environment Agency – No objection. Advise that a site investigation condition be attached Greater Manchester Archaeological Unit – There are no known features of archaeological interest. English Heritage – No objections to amended scheme subject to conditions. PUBLICITY The application has been advertised by way of press and site notice. The following neighbour addresses were notified: 1 – 114 (con) The Royal, Wilton Place 264, 260 – 268, 270 Chapel Street Maxdov House 337 - 341 Chapel Street The Bell Tower 357 Chapel Street St Philips Church St Philips Rectory The Angel Healthy Living Centre St Philips Place REPRESENTATIONS I have received one letter of objection from Cllr Salmon in response to the planning application publicity. No further correspondence has been received in response to the amendments to the scheme. Therefore, I have considered the initial concerns. The following issues have been raised:Quality of the submission 57 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Car parking problems Poor design However, support is given to the commercial floorspace I have also received one letter of support. The following areas of support are listed: Move to the twenty-first century Needed to link Salford and Manchester Able to attract jobs and investment REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: DP1 Economy in the Use of Land and Buildings, SD1 The North West Metropolitan Area – Regional Poles and Surrounding Areas UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC14/2 Improvement Proposals Other policies: DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, T13 Car Parking, EN11 Conservation Areas, EN12 Protection and Enhancement of Listed Buildings, H1 Meeting Housing Needs, H6 and H11 Open Space Provision Within New Housing Developments, CS3 Central Salford. DRAFT REPLACEMENT UNITARY DEVELOPMENT PLAN POLICY Site specific policies: MX1/1 Development in Mixed Use Areas Other policies: DES1 Respecting Context, DES7 Amenity of Users and Neighbours, DES11 Design and Crime, DEV6 Incremental Development, H1 Provision of New Housing Development, H8 Open Space Provision Associated with New Housing Developments, A10 Provision of Car, Cycle and Motorcycle Parking in New Development, CH5 Development within Conservation Areas, CH4 Development Affecting the Setting of a Listed Building, DEV6 Incremental Development. PLANNING APPRAISAL The main planning issues relating to this application are the principle of the development, whether the design, scale and massing of the proposal accords with the relevant provisions of the development plan, car parking, open space, design and crime and whether the proposal is acceptable in relation to St Philips Church. 58 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The Principle of Residential 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. National planning policy guidance is also relevant. PPG3: Housing highlights the need to develop previously developed brownfield sites and where appropriate higher densities should be considered. PPG3 also states that, when considering conversions, a more flexible approach is required with regard to densities, car parking, amenity space and overlooking. The site has previously been developed and is a brownfield site, as such, I consider that the principle of the redevelopment of this site for residential accommodation is acceptable and accords with the thrust of the policies highlighted above. Draft Policy MX1/1 states that Chapel Street East will be developed as a vibrant mixed use area with a broad range of uses. Appropriate uses include housing, offices and retail uses. In determining whether a proposed mix of uses is appropriate, regard will be had to a number of factors, including the positive impact of the development on the regeneration of the wider area, the use on adjoining sites, the prominence of the location and the existing and previous use of the site. The application proposes a mix of uses, namely residential, commercial, retail and leisure including active uses at ground floor level which is in accordance with Draft policy MX1. I am satisfied that the proposed development incorporates a satisfactory mix of uses and therefore complies with the above policies. Adopted Policy EC3 states that where existing industrial and non-retail commercial sites become vacant, the City Council will seek to re-use or redevelop them for similar or related uses, except where one or more of the following criteria apply. These include where the sites or premises could be used for other purposes without resulting in a material or unacceptable shortfall in the range of sites or premises available for economic development, where alternative employment generating development would be more appropriate, or there is a strong environmental case for rationalising land uses or creating open space. Given the amount and mix of none residential floorspace proposed I am satisfied that the proposed development incorporates a satisfactory mix and would provide alternative employment generating uses in accordance with the above policies. Setting of the Listed Building / Conservation Area 59 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Adopted policy EN12 states that the Council will not normally permit any development that would be detrimental to the setting of a Listed Building or the environmental quality of the surrounding area. Revised replacement policy CH4 states that planning permission will only be granted for development that would not have an unacceptable impact on the setting of any listed building or would detract from the architectural and historic character of a listed building. Adopted policy EN11 states that in considering planning applications for development in conservation areas, the Council will consider the extent to which the proposal is consistent with the desirability of preserving or enhancing the Conservation Area. The Council will have the need to encourage high standards of development which are in keeping with the character of the area. Revised replacement policy CH5 states that development in Conservation Areas will only be permitted where it would preserve or enhance the character and appearance of the Conservation Area. I have consulted English Heritage due to the potential impact of the proposal on the setting of a Grade II* Listed Building. English Heritage raised initially concerns regarding the height and position of the proposal and the impact it would have on the setting of the listed building. The scheme has been substantially re-designed and the height of the building reduced, proposed palette of materials and the detail of the elevations has been simplified and improved. English Heritage have subsequently withdrawn their objection to the application. I consider that the amended proposal, as a result of its siting and reduced height, would help frame views of St Phillips Cburch and would help set a benchmark for any future redevelopment of the Angel Centre. The materials proposed have been simplified to mainly stone, glass and cladding. The positioning and proportions of the windows have also been simplified which has introduced symmetry and therefore reflects the simplicity and symmetry of the church. This design change is supported by English Heritage and the Council’s design advisor. In considering all aspects of the proposal as discussed above, and with appropriate conditions requiring samples of external materials, and details of colour treatment for the windows, I am satisfied that the proposal would make a positive contribution to the character of this conservation area and would frame important views of one of the Council’s Grade II* Listed Building with a high quality scheme. As such I am satisfied that the proposal accords with the policies highlighted above. Design, Layout and Siting 60 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Adopted Policy DEV1 identifies a number of issues that should be taken into account when determining applications, including the visual appearance of the development, its relationship to its surroundings and the amount, design and layout of car parking provision. Adopted 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. Adopted Policy DEV4 encourages greater consideration of crime prevention and personal and property security in the design of new development. Regard will be had to a number of factors including the provision of security features. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. The Inspector has recommended no changes to this policy. Draft Policy DES11 updates Policy DEV4 of the Adopted UDP The design of the Chapel Street elevation would introduce a stone facade. The corner of the building on St Philips Place and Chapel Street would include a curved feature above ground floor height. The right hand element o he Chapel Street elevation would be set back and would provide the entrance to the residential element of the scheme. Both the residential entrance and the curve would be of a different material (metal cladding) to help define the focal point of the corner and the entrance point. The fourth storey would be set back from the main frontage. The design features of the Chapel Street elevation would be replicated on the other elevations. The St Philips Place elevation would also include a stone facade and recessed fourth floor. Glass balustrades would be introduced on the opening windows. The rear corner would have balconies. These balconies would not project beyond either the rear or side elevations. A second retail entrance would be provided to the larger unit from the St Philips Place elevation. A second entrance would also be provided from St Philips Place to the rear smaller unit. I consider that the entrance points and shop fronts will introduce ground floor activity around the building. Vehicular access would be provided to the internal ground floor car park from Bank Street. The entrance gates would be powder coated steel. The opening would match the proportions of the commercial ground floor windows and doorways. Cycle storage and bins storage would also be provided from the vehicular access point and would include a glazed element to replicate the design proportions of the access point. A commercial unit is also proposed on the Bank Street and St Philips corner. This would introduce further ground floor activity to St Philips Place and the rear of the building where it would front the out space adjacent to the church. Given that the 61 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 bin store is identified on the submitted plan I have attached a condition requiring recycling details to be provided. The proposal would result in built development to the boundary of the site. However, the residential element at first floor and above would be situated around the periphery of the block. A court yard would be provided at first floor level and would provide amenity space for all future occupiers. The position of the court yard would also reduce the scale of the building adjacent to the neighbouring buildings. The units fronting St Philips Place would have a rear bedroom aspect which would overlook the internal court yard. These bedrooms would maintain 13m from the common boundary. I am of the opinion that this would ensure that future occupiers are provided with sufficient aspect and would not preclude the redevelopment of the neighbouring building in the future. All of the windows would be set in from the main faÄ“ade to introduce depth and shadow features to the elevations. Powder coated louvres would provide solar protection to the fourth floor and curved corner feature. The balustrades would also be powder coated. I have attached a condition requiring the colour of the powder coated elements to be agreed. The feature elements would be metal cladding. In conclusion I consider that the design of the scheme has been simplified and improved. It has also reduced the height of the building and the number of apartments proposed. The simplicity of the design takes reference from the neighbouring listed church. I consider that the current design provides an attractive balance between protecting and enhancing the setting of the listed building and providing a focal point along Chapel Street. As discussed earlier, the materials proposed are an integral part of the design quality of the building. Therefore, given the relationship of the proposal to the neighbouring listed building and its location within a conservation area, it is necessary that the materials are of a high quality. I have attached a condition requiring samples of the materials to be submitted prior to the commencement of development. Car Parking Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards and that car parks are designed to a high standard, with particular regard to access arrangements, surface materials, boundary treatments and security measures. Draft Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. The applicant has indicated that a total of 10 car parking spaces would be provided, I have no highway objection to the application. The objections received refer to the amount of car parking 62 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 and the location of the proposed access. Whilst I acknowledge that the proposed level of car parking would not provide 1 space per apartment I consider that the location of the proposed development within a city centre location is such that the proposed level is acceptable and would accord with the principles of Planning Policy Guidance Note 13 : Transport. I have no highway objections and I am of the opinion that the level of parking proposed across the site is acceptable. Design and Crime Adopted Policy DEV4 encourages greater consideration of crime prevention and personal and property security in the design of new development. Regard will be had to a number of factors including the provision of security features. Draft Policy DES11 updates Policy DEV4 of the Adopted UDP. The Police Architectural Liaison Officer (ALO) has commented on the application. Several concerns were raised regarding security concerns. The applicant has meet with the ALO and redesigned the scheme to address their concerns. Therefore, I am satisfied that the proposal accords with the thrust of policies DEV4 and DES11. Open Space Adopted Policy H6 requires adequate provision of informal open space and children’s play within new housing developments. This policy is linked to Policy H11 which sets out a sliding scale for such provision. Draft Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments. In accordance with the above policies, the applicant has agreed to make a contribution towards the provision and maintenance of open space in the vicinity. In accordance with the recently adopted Supplementary Planning Guidance, the contribution in this regard would be £65,191. I am satisfied that the application therefore accords with Adopted policies H6 and H11 and Draft Policy H8. Chapel Street Obligation The applicant has agreed to contribute an additional £33,000 towards environmental improvements in accordance with the Council’s normal policy with regard to developments in the Chapel Street area. VALUE ADDED TO DEVELOPMENT 63 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The scheme has been reduced in scale and massing and the number of units reduced from the previous refused scheme. Moreover, the design of the scheme has been fundamentally redesigned since the application was first submitted. The applicant has entered into several discussions with myself, the City Council, the URC and English Heritage. The comments provided at these discussions have aided the final design of the scheme. The developer has agreed to contribute £65,191 towards children’s equipped play space and open space in accordance with policies H6 and H11. The developer has agreed to contribute £33,000 towards environmental improvements in the Chapel Street area. CONCLUSION This is a brownfield site within the heart of the regional centre. It is appropriate that it is developed to a high density commensurate with its location. The scheme is well designed and is of a high quality. The buildings are arranged so that the street frontage and listed building are complemented while providing a high standard of living accommodation and environment to future residents. The development introduces active uses at ground floor and would result in the redevelopment of a poor quality building. I consider that the development accords fully with the provisions of the development plan and that there is no detrimental effect on any interest of acknowledged importance. I recommend that permission is granted subject to the following conditions and that the Strategic Director of Customer and Support Services be authorised to enter into a planning obligation for the provision of public open space in accordance with Supplementary Planning Guidance note 7 and the provision of environmental improvements in accordance with the Chapel Street Development Control Policy note. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No development shall be started until samples of the facing materials to be used for the external elevations of the development have been submitted to and approved in writing by the Local Planning Authority. 3. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental 64 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 4. Prior to the commencement of any building works on site, the applicant shall submit for written approval an assessment of noise likely to affect the application site. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network including Chapel Street, and any other local noise sources which are deemed significant on the site, this shall include predicted noise levels from the proposed A1/A3/B1 uses. The assessment shall identify all noise attenuation measures which may be determined appropriate to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. Consideration shall also be given to achieving adequate Summer Cooling and Rapid Ventilation. If deemed necessary, alternative ventilation measures shall be identified and incorporated into the noise assessment report. Once agreed, all identified noise control measures shall be implemented and thereafter retained. 5. The development permitted by this planning permission shall not commence until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development and as required by the Chapel Street Planning Obligations Development Control Policy Note will be paid to the Local Planning Authority for open space and recreation space purposes and for local environmental improvements or such purposes as agreed in writing by the Local Planning Authority. 6. This permission shall relate to the amended plan received on 21st February 2006 which shows a revised scheme. 7. The external powder coated elements which includes, balustrade handrails, windows, louvres 65 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 and metal work hereby approved shall be treated in a colour which is to be agreed in writing prior to the commencement of the development by the Local Planning Authority. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R006A Character - conservation area 3. Standard Reason R028A Public safety 4. Standard Reason R024A Amenity of future residents 5. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003 and the Chapel Street Planning Obligations Development Control Policy Note. 6. Standard Reason R019 Avoidance of Doubt 7. Standard Reason R006A Character - conservation area Note(s) for Applicant 1. For further discussions regarding the requirements of the Contaminated Land Condition, the applicant/developer is advised to contact the Environmental Protection Team in the Environment Directorate (Tel: 0161 737 0551). The Environmental Services Directorate can be contacted on 0161 737 0551 for further discussions concerning the assessment of noise and subsequent mitigation measures at this site. 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. APPLICATION No: 05/51911/OUT APPLICANT: Compete 20-12 66 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 LOCATION: Land Bounded By The Crescent, Hulme Street And Gaythorn Street Salford PROPOSAL: Outline application for the erection of a complex of building ranging in height between two and 18 storeys providing 507 dwellings (apartments and townhouses) a new public square, 2322 sq.m of A1,A2,A3,A4,A5,B1,C1,C2,C3,D1 floorspace and 350 car parking spaces WARD: Irwell Riverside BACKGROUND TO THE APPLICATION This development represents an alternative development on a site that already has planning permission. It incorporates three parcels of separate land ownership. The application has been driven by the Central Salford URC who, in discussions held towards the end of last year, persuaded the developers to look at a wider scheme that would accord more closely with the URC’s vision and regeneration framework. DESCRIPTION OF SITE AND PROPOSAL This application relates to several parcels of land on the Crescent at its junction with Oldfield Road and covers an area of 0.9 hectares. It includes the site of the former Charles Taylor auction house that lies adjacent to the recently completed Transport House, and an adjoining former waste transfer station that fronted Hulme Street. It also includes the occupied Black Horse public house and adjacent open land to the side and rear that is currently used for car parking. It includes a small single storey hot food takeway on the Crescent frontage and a small prefabricated building that was until recently in use as a children’s nursery. The nursery and adjacent open land are in the ownership of the City Council. The site is bounded by The Crescent and Gaythorn Street, an unmade road that runs parallel to Oldfield Road and Hulme Street. To the north beyond the Crescent lies the river Irwell, university buildings and Adelphi Street. To the east the site is adjacent to Transport House, the award winning replacement for the former Transport and General Workers Union building, and beyond Oldfield Road is the Salvation Army premises, a terrace of small shops and the Stamford House. To the south beyond Hulme Street is the Sutcliffe industrial site. To the east the site would be adjacent to Listed Buildings on the Crescent. There is no dominant height or style of building in the surrounding area. 67 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The Black Horse public house is a three storey Victorian property that is not a Listed Building but is on the Local List of Buildings, Structures and Features of Architectural, Archaeological or Historic Interest. The site lies within the Crescent Conservation area. The application has been submitted in outline and the applicant is seeking approval for the siting, means of access and the design of the proposed development. The proposed development would comprise a total of nine buildings with two levels of basement car parking providing a total of 364 spaces, 128 of which would be tandem spaces. The most important feature of the development is a new public square/boulevard that would run through the centre of the site from the Crescent to Hulme Street. This space would be 21m wide and approximately 70m in length and would feature both hard and soft landscaping, water features, tree planting, public art and a very limited amount of car parking. The schedule of buildings is as follows: A three storey building adjacent to the Black Horse – all floors commercial The Black Horse – the rear third demolished and the building retained in its current use. A six storey building fronting the Crescent and adjacent to the Black Horse – commercial at ground floor. This would be adjacent to the public square. A ten storey building to the rear of the Black Horse providing town houses at its base with apartments above. The eighteen storey tower adjacent to the public open square. A small three storey tower on the Hulme Street frontage between the ten and eighteen storey tower that provides two town houses. A seven storey building on the Crescent frontage that would be adjacent to Transport House – commercial at ground floor A fifteen storey tower parallel to the eighteen storey building on the other side of the public square – commercial at ground floor A nine storey building on the Gaythorn Street / Oldfield Road frontage – commercial at ground floor with concierge, refuse collection and substation also. The three main towers, buildings 4, 5 and 8 would drop in height to a maximum of eight storeys to the rear facing Hulme Street and the tower elements would be set back 12m from the Hulme Street frontage. The towers would be set back significantly from the Crescent frontage (between 11m and 24m) and there would be two internal courtyards between buildings 4 and 5, and, 8 and 9 measuring 22m and 16m respectively. The scheme has sought to integrate with the surrounding buildings fronting the Crescent: Building 1 is three storeys in height adjacent to the Black Horse public house Building 7 is seven storeys in height adjacent to the six storey Transport House Building 3 is six storeys in height fronting the Crescent. The development uses a mixed palette of high quality natural materials. Brick and stone on The Crescent frontage and at the base of the buildings, terracotta, glass balconies, render that 68 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 compliments the adjacent Transport House, zinc to the roof, perforated metal screens on the tower elevations and full height glazing to the ground floor commercial units. The proposed development would provide a total of 507 apartments and townhouses. In addition there would be 25,000sq.ft (2323sq.m) of commercial floorspace (A1, A2, A4, A5, B1, D1 and D2). Access to the development would be from Gaythorn Street and a total of 361 parking spaces would be provided. The development would comprise a dwelling mix of 5% three bedroom units, 46% two bedroom units and 49% one bedroom units. This equates to 25 three beds, 229 two bed and 253 one beds. The site is well served by public transport with Chapel Street having 19 bus services running on it. Salford Central and Salford Crescent rail stations are within easy walking distance and in addition the site is close to the regional centre. The protected line of the Manchester, Bolton and Bury Canal runs to the south of the site. The proposed public space created by the development runs on the line of an old canal arm. It is intended that through the detailed landscaping of this space, water is reintroduced thereby reflecting the former use of this part of the site. The application has been amended significantly since it was first submitted with the two main towers being reduced in height by two storeys each and the mix of apartment types being amended to include 5% family accommodation and reducing the number of one bedroom units to under 50%. The original scheme was for a total of 550 dwellings. SITE HISTORY In July 2003 planning permission was granted in outline (03/45865/OUT), and in July 2004 a reserved matters application was approved (04/48329/REM), for the development of a 10 storey residential building on the site of the former auction house and adjacent waste transfer building. The development comprised 227 apartments with commercial floorspace on the Crescent and Gaythorn Street / Oldfield Road frontages. The development fronted the Crescent from Transport House up to the Black Horse This scheme is an alternative to that development, albeit on a larger site. CONSULTATIONS Director of Environmental Services – No objections but recommends conditions regarding contaminated land, noise, vibration, fume extraction and air quality. United Utilities – No objections but provides advice. 69 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Central Salford Urban Regeneration Company – The URC welcomes the developers willingness to revise their original proposals (the previous outline permission) so as to incorporate key principles of the Central Salford draft Vision and regeneration Framework, namely the breaking up of the development so as to create connections from the Crescent southwards, whilst maintaining the imposing frontage along the Crescent itself. The URC also welcomes the change in mix that will help extend the attractiveness of Central Salford to a wider variety of household sizes. We would particularly like to thank the City Council planning officers and the developers for their hard work and sensitivity in realigning the original ambitions for this site to meet the aspirations of the Central Salford draft Vision and Regeneration Framework. Environment Agency – No objection in principle to the proposed development but requests that conditions be attached in order to prevent pollution of any watercourse. Greater Manchester Archaeological Unit – There is an archaeological implication for this development. The site is adjacent to the junction of Gravel Lane and Chapel Street which formed part of medieval Salford. The applicant has already begun to address archaeological issues but a condition should be attached to secure all archaeological interests. Greater Manchester Police Architectural Liaison Unit – No objections. English Heritage – No response to date but as no Grade II* listed building is affected by this development they would not normally respond in detail but would recommend that the application be dealt with in accordance with local and national policy. PUBLICITY The application has been advertised by means of both site and press notices. The following neighbour addresses were notified of both the submitted and the amended plans: 17 – 21 (incl) Crescent 5 and 7-19 Hulme Street All apartments in Tranport House 5 to 23 and 41 to 47 Oldfield Road Stamford House and 361 to 365 Chapel Street 1 James Street REPRESENTATIONS I have received a total of three letters of objection in response to the planning application publicity. Objections have been received from two commercial neighbours and Councillor Salmon objected to the original dwelling mix while at the same time noting that it seemed very 70 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION positive that a bold scheme was coming forward on this site. raised:- 6th April 2006 The following issues have been The original mix that included 35% studios as well as another 30% one bed dwellings was not right. Disruption to existing businesses Loss of light Noise pollution It would be inappropriate for a planning authority to base its decisions on potentially monetary receipts rather than the appropriateness of the scheme. Insufficient amenity and open space is provided for future residents The height, scale and massing of the development is inappropriate. Detrimental to the development potential of neighbouring sites. Insufficient parking Impact on adjacent buildings is unacceptable. REGIONAL SPATIAL STRATEGY. DP3 - Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: CS7 – Central Salford Other policies: DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, H1 Housing Supply, H6 & H11 Open Space Provision, EN23 Croal-Irwell Valley. DRAFT REPLACEMENT UNITARY DEVELOPMENT PLAN POLICY Site Specific: MX1/2 – Development in Mixed-Use Areas, CH5/2 Works Within Conservation Areas. Other policies: DES1 Respecting Context, DES3 Design of Public Space, DES5 Tall Buildings, H1 Supply of Housing, H8 Open Space Provision Associated with New Housing Development, DES2 Circulation and Movement, A10 Provision of Car, Cycle and Motorcycle Parking in New Developments, DES7 Amenity of Users and Neighbours, DES11 Design and Crime, DEV6 Incremental Development, EN17A Resource Conservation, R5 Countryside Access Network, CH4 Development Affecting the Setting of a Listed Building, CH9 Manchester Bolton and Bury Canal. PLANNING APPRAISAL The main planning issues relating to this application are whether the principle of the development is acceptable, whether the scale, massing and design of the building is of sufficiently high quality within the conservation area and in this important part of the city, 71 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 impact of the development on neighbours, whether there is sufficient parking and open space provision. Principle of the Development Policy H1 requires that an adequate supply of housing be brought forward with higher densities being required at accessible locations such as this site. Policy H1 also requires development to contribute toward a balanced mix of dwellings within the local area in terms of size, type, tenure and affordability. Policy ST11 seeks to ensure that new development is located on the most sustainable sites within the City and that less sustainable sites are only brought forward when necessary. The policy is based on the sequential approaches to development that are set out in national policy guidance and policy DP1 of Regional Planning Guidance for the North-West Draft Policy MX1/2 states that Chapel Street West will be developed as a vibrant mixed use area with a broad range of uses. Appropriate uses include housing, offices and retail uses. In determining whether a proposed mix of uses is appropriate, regard will be had to a number of factors, including the positive impact of the development on the regeneration of the wider area, the use on adjoining sites, the prominence of the location and the existing and previous use of the site. The site is previously developed in a highly accessible location in close proximity to Manchester City Centre and the services and facilities therein. Planning permission has already been granted on a significant part of the site for residential development. The principle of the redevelopment of the site is therefore acceptable and in accordance with national government guidance. The application proposes a mix of uses, namely residential, commercial and retail, including active uses at ground floor level along all street frontages including the new public space that runs through the site, which is in accordance with Draft policy MX1. The proposal itself has a mix of one, two and three bedroom apartments and townhouses and is one of the first to provide a significant level of accommodation specifically intended to attract families into new developments within the City Centre. I consider that in this central location the mix of accommodation is to be welcomed. The intended retail/commercial units offer activity at ground floor level as well as at first and second floor level on parts of the Crescent frontage. The proposed mix of uses is in accordance with policy MX1 and I consider the proposed uses would provide an appropriate level of commercial activity that will result in a positive redevelopment of this unsightly and vacant site. Design Policy DEV2 states that the City Council will not normally grant planning permission unless it is satisfied with the quality of design and the visual appearance of the development. Draft policy DES1 states that developments will be required to respond to their physical context, respect the positive character of the local area and contribute towards local identity and distinctiveness via a 72 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 number of factors that include the scale and size of the building, its contribution in the street scene and the quality of the proposed materials. Draft policy DES3 states that where development includes the provision of, or works to, public space, that public space must be designed to: i) Have a clear role and purpose, responding to established or proposed local economic, social, cultural and environmental needs; ii) Reflect and enhance the character and identity of the area; iii) Form an integral part of, and provide an appropriate setting for, surrounding developments; iv) Be attractive, safe, uncluttered and appropriately lit; v) Be of an appropriate scale; vi) Connect to established pedestrian routes and other public spaces; and vii) Minimise, and make provision for, maintenance requirements. Draft policy DES5 states that tall buildings will be permitted where they meet a number of criteria. Those criteria include that the scale of the development is appropriate to its context and location; that the location is highly accessible to public transport, walking and cycling; that the building would relate positively to and interact well with the adjacent public realm; that the building would be of the highest quality design; that the building would make a positive addition to the skyline and would not detract from important views and that there would be no unacceptable impact on the setting of a listed building or on the character or appearance of a conservation area. The reasoned justification for the policy goes on to say that tall buildings are more likely to be appropriate within the mixed use areas identified on policy MX1 The architects for the scheme have sought to achieve a high quality of design and have made amendments to this design. The City Council’s architectural consultant, Peter Hunter, considers that the scheme is of the highest quality and that it represents a significant improvement on the previously approved scheme. High quality natural materials are proposed; glazed balconies, brick and stone on buildings 1 and 3 on each side of the Black Horse public house that will compliment the building and integrate the development into existing buildings to the west of the site, zinc cladding to the roof and terracotta on the main tower elevations. The use of render adjacent to Transport House integrates the scheme with the existing building on this wider junction site. In addition to reducing the heights of the two main towers the architects have introduced a zinc clad feature to the roof that has the effect of lowering the apparent height of the towers. The provision of the new public square is a particularly strong feature of the scheme. The space has been designed well and opens up pedestrian routes to the south and is in keeping with much of the street scene within the Crescent Conservation Area where the street frontage is punctuated at regular intervals by side streets that break up the mass of the buildings along the frontage. The new public space forms an integral part of the scheme and is of an appropriate scale being framed by the two towers. I consider that it fully accords with draft policy DES3. 73 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The taller buildings on the site are appropriate to their context and location and respond well to the new public space between them. The buildings are designed to a high standard and use high quality materials. I consider that the proposed development accords with policy DES5. Of crucial importance to the consideration of the scheme is the provision of the public square and the likelihood that this is an alternative to a scheme that has approval and that can be implemented. I am satisfied that the proposal represents a very significant improvement on the previous approval and that the opportunity presented by this development should be wholeheartedly welcomed as acknowledged by the URC in their comments on this application. Impact on the Conservation Area/Listed Buildings Draft Policy CH4 states that planning permission will not be granted for development that would have an unacceptable impact on the setting of any listed building. Draft Policy CH5 states that development in conservation areas will only be permitted where it would preserve or enhance the character or appearance of the conservation area and that in determining this regard will be had to the extent to which the proposal meets a number of factors. These factors include the retention of features that contribute to the character or appearance of the conservation area, the standard of design, whether environmental improvements are secured and whether it protects and improves views within, into and out of the conservation area. The development accords with policy CH5. It retains the Black Horse public house and successfully incorporates this old building into the development through sensitive design and use of appropriate high quality materials. In providing new public space it secures environmental improvements, especially compared with the previously approved scheme and in opening up the site it significantly improves views within, into and out of the conservation area. The development compliments existing buildings and approved schemes in the Chapel Street area and within the regional centre. I do not consider the proposed building heights to be out of keeping with the surrounding area when balanced with the significant improvements brought about by other aspects of the proposed development. For the same reason I do not consider that the development has an unacceptable impact on the setting of any listed building. Effects of the development on neighbours 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. I have received objections from neighbouring owners and occupiers regarding the impact of the proposed development on their businesses and future development opportunities. Given the city centre location of the site and the nature of the development, it is not appropriate to apply the interface standards that are used to guide development elsewhere within the city. Such concerns 74 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 must be considered against the benefits of the scheme, namely the redevelopment of an underused and largely unattractive site, the provision of a mixture of uses, the provision of a new public square and the construction of buildings which would enhance the area and which accord fully with other Council policies. I am particularly mindful that the proposed development, in providing this public square, actually enhances the potential and value of land to the south. With regard to the relationship with the existing apartments in Transport House the proposed development has been designed so that the impact on Transport House is less than that of the approved scheme. There are no windows that face habitable room windows to the rear of Transport House and a distance of 14m is maintained between the two developments. In terms of privacy I consider the separation distances are acceptable. I am satisfied that the proposed development does not have a detrimental effect on the commercial activity of any neighbouring occupier. I consider that the benefits of the scheme, namely the provision of high quality buildings which would make a positive contribution to the surrounding area, and the removal from the site of a number of unattractive and under-utilised sites and buildings outweigh concerns from objectors relating to loss of privacy, loss of light and overlooking. I therefore have no objections to the application in respect of residential amenity. Highways, Parking and Public Transport Policy A10, in line with Government guidance, seeks maximum parking standards for all developments. Within the emerging planning framework and in line with central government advice there is no policy requirement for a minimum level of parking. The traffic impact assessment submitted by the applicant shows that the proposed development would not have a material impact on the local highway network. I have received an objection to the level of parking proposed that there is insufficient parking provided for the proposed development. The development provides 364 spaces for 507 apartments and I consider that the parking levels are in accordance with policy in this highly accessible location and that the amount of parking proposed to be acceptable and would consider a greater level of provision to be contrary to both good practice, government advice and planning policy. In terms of highway safety I have no objections to the submitted scheme. Sustainable Construction Policy EN17a of the deposit draft UDP explains planning permission will not be granted if the development will have an unacceptable impact on the conservation of non-renewable resources. The applicant has stated that with regard to sustainability the site is located in a highly accessible location well served by public transport and that the development is fully accessible for the 75 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 disabled. The proposed layout ensures that predominantly apartments will have south, east or west aspects. The site therefore maximises solar gain. The scheme will be energy, water and natural resource efficient and the use of natural materials such as stone, zinc and terracotta that do not adversely impact. Energy efficient lighting will be used throughout and water efficient appliances and measures will be installed. As this application is in outline I propose to deal with issues of sustainability through the imposition of a condition Open Space Provision The development provides a significant level of amenity space to the south of the site. In accordance with policies H6, H11 and H8 of the revised deposit draft UDP and SPG7 open space and children’s play space can be accommodated off site through a financial contribution. This application proposes 1293 bed spaces, which equates to a commuted sum value of £309,389. In addition, in accordance with the Chapel Street SPG, a contribution of £1000 per apartment would be generated by the development for environmental improvements. Draft policy CH9 states that where appropriate, development adjacent to the canal will be required to contribute to its restoration, improvement and/or maintenance. The design of the development accords with this policy and it is envisaged that the financial contribution would be spent on a contribution towards the restoration of the Manchester, Bolton and Bury Canal, environmental improvements to the surrounding area including the new public square, public art and improvements to surrounding streets. VALUE ADDED TO DEVELOPMENT In accordance with the policies H6, H11, H8, SPG7, and the Chapel Street SPG the applicant has agreed to make a financial contribution towards children’s play space, open space or local environmental improvements. A total of £816,389 would be contributed in this regard. The applicant has agreed that the financial contribution would be used for the canal, maintenance of the new public space, public art and environmental to the public realm beyond the site boundaries. The applicant has also confirmed the use of sustainable building techniques. CONCLUSION The scheme is by locally based architects with a track record of designing high quality schemes and it is considered that the development will contribute to the objectives in the URC’s vision for Central Salford and will be a catalyst for future development along Oldfield Road. The density of the development provides the critical mass to support the ground floor units and the pedestrian footfall along the Crescent and Chapel Street, which would enhance the success and vitality of the street. It successfully incorporates the Black Horse and retains a non-listed building. The scheme will enhance the public realm through the creation of a high quality public square that will link in with Hulme Street and facilitate linkages to these sites when they are developed in the future. It is considered that the design of the building successfully mixes the old with the new and the fact that the taller blocks are set back reduces their impact on the pedestrian experience on the Crescent and Oldfield Road. 76 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 This application represents an opportunity for a significantly better scheme to be undertaken on a site that is in a very important location in terms of the future success of the Central Salford draft Vision and Regeneration Framework and the continued regeneration of the Chapel Street area. The strong level of support offered by the URC is significant and this is amplified by the strong support offered by Peter Hunter. I am satisfied that the proposed development would not only enhance the character and appearance of the conservation area and act as a catalyst for future successful development but that it would signify the City Councils intent to accept only the highest quality of development. I am satisfied that the amended design is acceptable and that the application would not have any significant detrimental effect upon the amenity of neighbouring residents or on the surrounding area in general. I am also satisfied that the level of on site parking is acceptable. I am satisfied that the application complies with policies of the development plan as a whole. The proposal is recommended for approval subject to the following conditions and that the Strategic Director of Customer and Support Services be authorised to enter into a legal agreement to secure the provision of public open space in accordance with policies H6 and H11 of the adopted UDP and policy H8 of the draft UDP and SPG7. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition B01B New reserved matters 2. No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: - the colour and type of facing materials to be used for all external walls and roofs; - a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. 3. Standard Condition M08 Site Investigation - new 4. Prior to the commencement of development an assessment shall be submitted to and approved in writing by the local planning authority that details the levels of internal noise likely to be generated from the proposed use of the site including fixed plant and equipment and the commercial uses. This assessment shall be used to identify and determine appropriate noise mitigation measures (such as soundproofing) required to protect the amenity of residential properties adjacent to and in the vicinity of the site. Any noise 77 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 mitigation measures identified by the assessment shall be implemented prior to the development being brought into use and retained thereafter. 5. Prior to the commencement of development an air quality assessment shall be submitted to and approved in writing by the local planning authority. The report shall assess the existing and future air quality for the years 2010, 2020 and opening year with and without the development, for nitrogen dioxide and particles less than 10 microns. (The Design Manual and Road Bridges (DMRB) will be acceptable for this study). The assessment should identify the worst case exposure, changes in pollution concentration to residents of the proposed development and identify any changes in pollution concentration to residents of the proposed development e.g building facade and road junctions. The predicted levels should be compared with the Air Quality Objectives set in the Air Quality Regulations 2000 (Amendment) Regulations 2002. The assessment shall detail mitigation measures required to address the air quality issues identified. The approved mitigation measures shall be implemented prior to first occupation of any of the units within Block A and retained thereafter. 6. Prior to the commencement of any building works on site an assessment of noise likely to affect the application site shall be submitted to and approved in writing by the local planning authority. The assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network including the A6, Oldfield Road, Adelphi Street, Hulme Street and any other local noise sources that are deemed significant on the site. The assessment shall identify all noise attenuation measures that may be determined appropriate to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. Consideration shall also be given to achieving adequate summer cooling and rapid ventilation. If deemed necessary, alternative ventilation measures shall be identified and incorportaed into the noise assessment report. Once agreed, all identified noise control measures shall be implemented and retained thereafter. 7. Prior to the commencement of development a report assessing the effects of vibration on the residential elements of the proposed development shall be submitted to and approved in writing by the local planning authority. The scheme shall identify the likely exposure to future occupiers of the site and make comparisons against recommended guidelines. Mitigation measures, if necessary, shall be identified and implemented in full prior to the occupation of any dwelling. 8. Prior to the bringing into use of any A3, A4 or A5 units the details of the fume extraction system serving the cooking and food preparation areas shall be designed such that there will be no odour or noise nuisance to local residents and shall be submitted to and approved in writing by the local planning authority. The approved system shall be installed and shall be used at all times that the premises are used for cooking or preparing food. The system shall be maintained and serviced in accordance with manufacturers recommendations. 78 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 9. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4) (a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by policies H6 and H11 of the City of Salford Adopted UDP, Policy H8 of the Revised Deposit Draft Replacement UDP, SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development Salford City Council Development Control Policy Note - The Use of Planning Obligations in the Chapel Street Area will be paid to the Local Planning Authority for open space and recreation space purposes and environmental improvements within the Chapel Street Regeneration Strategy Area. 10. Prior to the commencement of the development a scheme for the provision of recycling facilities within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of any of the residential units hereby approved. 11. No development shall commence until a scheme detailing how the development addresses sustainability issues, including sustainable urban drainage systems, has been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented in full prior to first occupation of any of the apartments, unless otherwise agreed in writing by the Local Planning Authority. 12. Standard Condition F04D Retention of Parking Spaces 13. No development shall be commenced unless and until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development. (Reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R002 Reserved Matters 3. Standard Reason R028A Public safety 4. Standard Reason R024A Amenity of future residents 5. Standard Reason R024A Amenity of future residents 6. Standard Reason R024A Amenity of future residents 79 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 7. Standard Reason R024A Amenity of future residents 8. Standard Reason R024A Amenity of future residents 9. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 and H11 of the City of Salford Adopted UDP, Policy H8 of the Revised Deposit Draft Replacement UDP and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development and to ensure the residential development provides appropriate environmental improvements within the Chapel Street Area in accordance with Salford City Council Development Control Policy Note - The Use of Planning Obligations in the Chapel Street Area. 10. In accordance with policy DEV1 of the City of Salford Unitary Development Plan 11. Standard Reason R004A Amenity-area 12. Standard Reason R012A Parking only within curtilage 13. Standard Reason R004A Amenity-area Note(s) for Applicant 1. This development is subject to the planning obligation entered into by the applicant under Section 278 of the Highways Act 1980. 2. 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. 3. Officers of the Environmental Directorate of Salford City Council may be contacted on 0161 737 0551 to discuss aspects of Air Quality, Contaminated land, Fume Extraction or Noise conditions. 4. If any proposed A3, A4 or A5 use operates beyond 23.00 hours as indicated in the application documents it will fall under the requirements of the new licensing regime. The applicant is advised to contact the Licensing Team at the earliest opportunity to clarify what licences or special conditions may apply under the Licensing Act. Contact the licensing Team on 0161 793 3114 for further advice. 80 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 APPLICATION No: 05/51923/OUT APPLICANT: BFD Property Developments Ltd LOCATION: Eccles Royal British Legion Club Chadwick Road Eccles PROPOSAL: Demolition of existing buildings and outline planning application for the siting and means of access of 37 apartments WARD: Eccles DESCRIPTION OF SITE AND PROPOSAL The Royal British Legion Club, an associated bowling green and a detached dwelling currently occupy the application site. The land to the north and south of the site is occupied by residential properties. Offices occupy the land immediately to the west and the land to the east is a mix of residential and industrial properties. This application is for the demolition of the existing buildings and the erection of a part threestorey, part four-storey building comprising of 37 apartments. The applicant is seeking permission for the siting and means of access to the site. All other matters are reserved. The footprint of the proposed apartments follows the existing footprint of the Club and dwelling house. The proposed block would form an L shape, which runs for 45.5m along Chadwick road and 47m along Devonshire Road. The applicant states that 1 1-bed apartment, 32 2-bed apartments, 3 3-bed apartments and a two-bedroom house would be provided. 37 car parking spaces would be provided – 23 spaces would be provided at basement level, accessed off Chadwick Road and 25 spaces at ground level, accessed off Devonshire Road. SITE HISTORY A previous application for the demolition of existing building and erection of a part 3 storey part 4 storey block to provide 32 apartments together with new vehicular access and associated car parking and landscaping was withdrawn in January 2005 (Ref 04/49139/FUL). 81 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 CONSULTATIONS Director of Environmental Services – no objections to the principle of the development but recommends conditions requiring site investigations and a noise assessment Environment Agency – No objections United Utilities – No objections Railtrack – No objections Greater Manchester Police Architectural Liaison Officer – No objections subject to a condition requiring a lighting scheme PUBLICITY A site notice was displayed on 11th of January 2006. The following neighbour addresses were notified: 70 to 86 (even) Chadwick Road Units 1 to 4, Delta Works, Chadwick Road 13 to 19 (odd) Gladstone Road 20 to 32 (even) Gladstone Road 25 to 35 (odd) Devonshire Road 20 to 32 (even) Devonshire Road 1, 2 and 3 A, B and C Hampden Grove 35, 39, 41,43 and 45 Chadwick Road 60 to 68 (even) Chadwick Road REPRESENTATIONS I have received 3 letters of representation / objection in response to the planning application publicity. The following issues have been raised:Increased traffic and associated parking problems Devaluation of property Overlooking and loss of privacy Devaluation of property is not a material planning consideration 82 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: DP3 Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: H1 – Meeting Housing Needs DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime T13 – Car Parking H6 and H11 Open Space Provision Within New Housing Developments REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: H1 – Provision of New Housing Development DES1 – Respecting Context DES7 Amenity of Users and Neighbours DES11 – Design and Crime A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments ST11 - Location of New Development H8 - Open Space Provision Within New Housing Development COMPOSITE WRITTEN STATEMENT TO SHOW PROPOSED PLAN MODIFICATIONS H1 – Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. DES1 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly DES7 – No changes to this policy. DES11 – No changes to this policy A10 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. ST11 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. 83 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 PLANNING APPRAISAL The main planning issues relating to this application are: Principle 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 ST11 advocates a sequential approach to development with sites involving the reuse and conversion of existing buildings been the preferred location of development, followed by previously developed land with Greenfield sites last. Policy R1 states that the development of land used for recreational purposes will not be permitted unless an equivalent replacement site is provided and laid out within the local area to the satisfaction of the City Council. Draft Policy R1 states that the development of land used for recreational purposes will not be permitted unless it has been clearly demonstrated that the site is surplus to requirements or adequate replacement provision, of equivalent or better accessibility, community benefit and management is made elsewhere within the City. The site is currently occupied by the Royal British Legion Club and associated Bowling Green. The club was closed in January 2006, with the bowling green last being used in the summer of 2005. Part of the site is also occupied by a residential property. The site is therefore previously developed and therefore its development is in accordance with Policy ST11. I do not have any objections to the principle of residential development in this location as the surrounding area is predominantly residential subject to the justification of the loss of an existing recreational facility and/or an agreement to it replacement being reached. In order to satisfy Policy R1 the applicant has submitted a supporting statement that justifies the loss of the recreational facility. The statement describes how there are 9 active bowling greens within the Eccles Community Committee area. There are no current standards on the number of bowling greens that should be provided however the applicant uses figures from the former Sports Council published in 1968 to work out how many bowling greens should be provided within the Eccles Community Committee area to serve the population. These figures state that 1 bowling green should be provided for every 6000 people. There are 34,599 people in the Community Committee area and therefore according to these figures 6 bowling greens should be provided. The applicant therefore concludes that the Bowling Green on site is surplus to requirements. I agree with this assertion. The statement goes on to describe how the site is 84 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 unusable for any other type of recreational activity due to its size and location in a predominantly residential area. I also agree with this statement. I am therefore satisfied that subject to a £90,000 contribution towards recreational facilities in the vicinity of the site that the proposal complies with Policy R1. Amenity Adopted Policy DEV1 outlines a number of criteria to which regard should be had in the determination of planning applications. Of most relevance to this application are the location of the proposed development, including its relationship to existing and proposed land uses and the impact on neighbouring residents. Policy DES7 states that development which would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The land to the west of the site is not used for residential purposes. The proposed building would be located 1m from the boundary with 2a Hampden Grove. Despite this I do not have any objections to this relationship, as proposed apartment block would run along the same line and occupy the same footprint as the existing dwelling house at 38 Devonshire Road. The residential amenity the other occupants of the properties at the rear of the site, on Hampden Grove, would not be adversely affected by the proposal, as the proposed building would be located 34.2m from the rear boundary with these properties. I am therefore of the opinion that the proposed siting would not have an adverse impact upon neighbouring residents. Policy DES7 also requires all new developments to provide potential users with a satisfactory level of amenity. Future occupants of the proposed dwellings would be provided with a reasonable amount of useable amenity space as a lawned area of 15.8m by 24.5m would be provided. The proposal is therefore in accordance with policy DEV1 of the adopted UDP and policies DES1 and DES7 of the revised UDP. Access 85 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards. Draft Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. The proposed access and car parking layout are acceptable to highways and therefore I do not have any objections to the proposed development on highway safety grounds. Open Space Adopted Policy H6 requires adequate provision of informal open space and children’s play within new housing developments. This policy is linked to Policy H11, which sets out a sliding scale for such provision. Draft Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments. In accordance with the above policies, the applicant is aware that a contribution towards the provision and maintenance of open space in the vicinity is required. In accordance with the recently adopted Supplementary Planning Guidance I have attached a condition requiring such a contribution. I am therefore satisfied that the application therefore accords with Adopted policies H6 and H11 and Draft Policy H8. CONCLUSION In conclusion, I consider that the principle of the redevelopment of the site for residential purpose is acceptable. I am of the opinion that the proposal complies with the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDPs and there are no material considerations that outweigh this finding. I therefore recommend that the application be approved and that the Strategic Director of Customer and Support Services e authorised to enter into a planning obligation under Section 106 for the provision of open space, childrens play area and a contribution of £90,000 towards local recreational facilities. RECOMMENDATION: Approve Subject to the following Conditions 86 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 1. Standard Condition A02 Outline 2. No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: - plans and elevations showing the design of all buildings and other structures; - the colour and type of facing materials to be used for all external walls and roofs; - a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. 3. Standard Condition M05 Site investigation 4. Prior to the commencement of the development hereby approved, a noise assessment shall be submitted to and approved in writing by the Local Planning Authority. This assessment should follow PPG24 guidelines towards assessing the noise from the surrounding road network, the railway and any other local noise sources that are deemed significant. The assessment shall identify all noise attenuation measures and alternative means of ventilation which may be determined appropriate to reduce the impact of noise on the residential properties on site and achieve the requirements of BS8233 for internal noise levels. Unless agreed otherwise in writing by the Local Planning Authority, all approved noise control and ventilation measures shall be implemented prior to first occupation of any of the apartments hereby approved and thereafter retained 5. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for open space and recreation space purposes. 6. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum of £90,000 as required to satisfy Policy R1 of the City of 87 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Salford Revised Deposit Draft Replacement Plan will be paid to the Local Planning Authority. (Reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R002 Reserved Matters 3. Standard Reason R024A Amenity of future residents 4. Standard Reason R024A Amenity of future residents 5. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 6. To ensure the residential development provides appropriate compensation for the loss of a recreational facility in accordance with policy R1 of the City of Salford Revised Deposit Draft Replacement Plan 2003. Note(s) for Applicant 1. All disused access points shall be made good at the developers expense. 2. Any basement drainage must be pumped. APPLICATION No: 06/51962/COU APPLICANT: M Afzal LOCATION: 144 Cromwell Road Salford M6 6DE 88 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 PROPOSAL: Change of use from shop to shop for the sale of hot food, erection of single storey side/rear extension and external flue WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL This application relates to a shop on the corner of Cromwell Road and Rowsley Street in Charlestown. The application is to change the use of the premises to a hot food take away with the addition of a single storey extension and an external flue. The proposed extension would project 5m from the rear of the property and accommodate a store area, disabled W.C and garage. The flue would be located on the gable on Rowsley Street and would be 1m higher than the ridge eight of the property. The property is an end terrace and is currently vacant. The remainder of the terrace is predominantly residential, although 154 Cromwell Road is an off licence and 146 is a hair salon with a first floor that was previously used as residential but is now vacant. 136 to 142 Cromwell Road comprise a mixture of A1 uses. Properties on Rowsley Street are residential. The proposed hours have been amended from 15:00 hours until 01:00 hours to 11:00 hours until 20:00 hours from Monday to Saturday only. SITE HISTORY There have previously been similar applications for this property: 95/34271/COU – was granted planning permission to change the shop into a hot food take away. 02/44920/COU – the application to change into a hot food take away was refused planning permission. The applicants appealed the decision, however the appeal was dismissed. 03/47376/COU – the application to change into a hot food take away was refused planning permission. The applicants appealed the decision and the appeal was upheld subject to several conditions recommended by the Inspector. This permission has not been implemented. CONSULTATIONS Director of Environmental Services – no objections to the principle of the proposal. Conditions requiring the submission and approval of a fume extraction system and restricting noise levels have been recommended. PUBLICITY A site notice was displayed on 10th January 2006. 89 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The following neighbour addresses were notified: 136 to158a (E) Cromwell Road 4 to10 (E) Rowsley Street 13 –19 (O) Beeley Street REPRESENTATIONS I have received eight letters of objection in response to the planning application publicity, an objection from the late Councillor Holt and a petition containing 56 names. The following issues have been raised: Noise and disturbance Car parking/traffic problems Attract anti-social youths Increase in litter Increase in smells Already enough hot food outlets in the area UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV1 – Development Criteria S5 – Control of Food and Drink Premises T13 – Car Parking REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: S4 – Amusement Centres and Food and Drink Uses A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments PLANNING APPRAISAL The main planning issues relating to this application are: whether there will be any impact on the amenity of neighbouring residents by virtue of noise, disturbance, smells, fumes and litter and whether there would be sufficient car parking. Impact on Amenity 90 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Adopted Policy DEV1 outlines various factors 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 and the likely scale of traffic generation. Adopted Policy S5 states that proposals for the sale of hot food for consumption off the premises will not normally be granted unless the Council is satisfied there would not be an unacceptably adverse impact on the amenities of surrounding residential occupiers by reason of noise, disturbance, smells, fumes, litter, vehicular traffic movements, parking or pedestrian traffic. Draft Policy S4 states that proposals for hot food shop uses would not be permitted by the Council where the use would have an unacceptable impact on the amenities of surrounding residential occupiers by reason of noise, disturbance, smells, fumes, litter, vehicular traffic movements, parking or pedestrian traffic and the vitality and viability of a town centre and visual amenity. The site is located on Cromwell Road, which is a relatively busy thoroughfare during the day and in the evenings. I would therefore consider that this proposal would not result in a significant increase in noise from customers visiting the premises either by car or on foot. Objections have been raised with regards to smells and fumes that will result from the proposed change of use to a hot food shop. A condition has been attached to address these concerns requiring the installation of an extraction system to treat fumes and odours so as to render them innocuous. The proposed elevations indicate that the proposed flue would be located on the gable wall at the rear of the property, away from the nearest residential property at 146 Cromwell Road. An appeal decision from November 2004 allowed the change of use of 144 Cromwell Road from a shop to a hot food shop on the condition the hours of opening shall be from 11:00 to 20:00 Monday to Saturday. The applicant confirmed they would operate within these hours and on these days. I therefore do not consider there would be an unacceptable detrimental impact on the amenity of the neighbouring residents in terms of noise and disturbance and am therefore satisfied that the proposal is in accordance with these policies. Car Parking Adopted Policy T13 states that adequate and appropriate car parking and servicing provision should be made where necessary to meet the needs of new development. Draft Policy A10 requires new development to not exceed the maximum car parking standards as set out in Appendix 3 of the UDP. 91 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 I do not believe that a hot food shop would generate significantly more traffic or demand for car parking than a successful A1 use. I therefore have no objection to the proposal on highway grounds. The main custom would be passing trade, however, there are no parking restrictions outside 148 to 154/156 Cromwell Road or on Rowsley Street. I do not consider that on street parking on either Cromwell Road or Rowsley Street would have a significantly detrimental impact on residential amenity by way of noise and disturbance. Other Issues I have attached a condition requiring the provision of a bin outside the shop to accommodate any increase in litter. The shop is located along a busy main road which would deter any possible vandals, as there is natural surveillance on the road. I do not consider it reasonable to assume that a hot food shop would result in an increase of anti-social youths or vandalism to neighbouring premises. The bedrooms above the proposed hot food shop would be ancillary to the premises to be for staff use only. CONCLUSION In conclusion, I am satisfied the proposal to change the premises at 144 Cromwell Road into a shop for the sale of hot food is acceptable. The use of the premises as a hot food takeaway has been approved in principle by the appeal decision on application 03/47376/COU. The conditions attached by the Planning Inspector would be included in any grant of consent. The residential amenity of neighbours would not be adversely impacted by the proposal nor would an unacceptable amount of traffic be created. I recommend the application to be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The development hereby approved shall not be brought into use unless and until a detailed scheme for the extraction system which treats fumes and odours before their emission to the atmosphere so as to render them innocuous has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail how the extraction unit will be 92 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 attenuated and mounted to minimise the transmission of airbourne and structure bourne noise and vibration. The works forming the approved scheme shall be implemented in accordance with the approved scheme prior to the first use of the premises and thereafter the works forming the approved scheme shall at all times remain in place. 3. Before the use commences a litter bin shall be provided in accordance with details of its design and siting, to be approved in writing by the Local Planning Authority, and shall be maintained thereafter at all times. 4. The use hereby permitted shall operate between the hours and on the days specified below and at no other time: Monday to Saturday - 11:00 hours to 20:00 hours and not at all on Sundays or Bank Holidays 5. The facing materials to be used for the walls and roof of the development shall be the same type, colour and texture as those of the existing building, unless otherwise agreed in writing by the Local Planning Authority. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R027A Amenity and quietude 3. Standard Reason R004A Amenity-area 4. Standard Reason R004A Amenity-area 5. Standard Reason R007A Development-existing building APPLICATION No: 06/51970/FUL APPLICANT: William Sutton Housing Association LOCATION: Land At Tanners Green Seedley Road Salford 6 PROPOSAL: Erection of two and three storey buildings comprising 18 dwellings and eight apartments together with associated car parking and construction of new, and alteration to existing, vehicular and pedestrian accesses 93 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION WARD: 6th April 2006 Langworthy DESCRIPTION OF SITE AND PROPOSAL This application relates to a plot of land bounded by Doveridge Gardens, Seedley Road and Nursery Street in Salford 6. Part of the site is currently vacant with the rest being occupied by a vacant three-storey block of flats and a disused playground area. The site is bounded on three sides by residential properties. A school and an office block occupy the land to the south of the site. Planning permission is sought for the erection of 4 two-bedroom houses, 10 three-bedroom houses, 4 four-bedroom houses, together with the erection of 8 two-bedroom flats. The majority of the development would form an L shape running for 82m along Seedley Road before turning to run for a further 46m along Nursery Street. The properties that would make up the L vary in height ranging from 8.1m at the ridge to 11.8m. To the rear of this L would be the proposed play area, separated from the properties by the proposed access road. In addition to this main strip of development two further pairs of properties would be provided on the western boundary of the site, adjacent to Doveridge Gardens. Both pairs of semis would be 4.8m to the eaves and 8.1m to the ridge. In total 32 parking spaces would be provided on site. Each of the dwellings would be provided with a private car parking space, with the larger 4 bedroom properties having two car parking spaces per unit. An area of communal parking containing 10 spaces, one of which is suitable for use by disabled persons, would be provided for occupants of the proposed apartments. CONSULTATIONS Environment Agency – No objections United Utilities – No objections in principle Head of Engineers – No objections Head of Environmental Services –No objections providing a number of conditions are attached relating to ground contamination. Architectural Liaison Officer – No objections subject to conditions re –lighting and access to communal areas GMPTE – No objections Ramblers Association – No objections Open Space Socity – No comments to date Greater Manchester Pedestrain Association – No comments to date Peak and Northern Footpaths Association – No comments to date 94 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 PUBLICITY A site notice was displayed on 18th of January 2006 The following neighbour addresses were notified: 1 to 21 (odd) Doveridge Gardens 20 to 38 (even) Doveridge Gardens William Sutton Trust Community Centre, Doveridge Gardens 1 to 10 Nursery Street 1 to 5 (odd) Mitcheson Gardens 1, 2, 11,12, 21 and 22 Church Green 1 to 4, 11 to 14 and 21 to 24 Pendleton Green St James House The presbytery, Pendleton Way St James RC Primary School, Colwyn Street REPRESENTATIONS I have received no letters of representation / objection in response to the planning application publicity. REGIONAL SPATIAL STRATEGY Site specific policies: none Other policies: DP3 Quality in New Development UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: H1 – Meeting Housing Needs DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime T13 – Car Parking H6 and H11 Open Space Provision Within New Housing Developments REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: H1 – Provision of New Housing Development DES1 – Respecting Context 95 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 DES7 Amenity of Users and Neighbours DES11 – Design and Crime A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments ST11 - Location of New Development H8 - Open Space Provision Within New Housing Development COMPOSITE WRITTEN STATEMENT TO SHOW PROPOSED PLAN MODIFICATIONS H1 – Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. DES1 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly DES7 – No changes to this policy. DES11 – No changes to this policy A10 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. ST11 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. H8 - Minor amendments proposed by the Inspector considered appropriate. Policy amended accordingly but the thrust of policy remains unchanged. PLANNING APPRAISAL The main planning issues relating to this application are: whether the principle of the proposed development is acceptable; whether the design of the proposed buildings is acceptable; whether there would be a detrimental impact on residential amenity; whether the proposed level of parking is acceptable; and whether the proposal complies with the relevant policies of the Adopted and Revised Deposit Draft Replacement Unitary Development Plans. I shall deal with each of these issues in turn. Principle of DevelopmentAdopted 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. 96 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Draft Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. Draft Policy ST11 advocates a sequential approach to development with sites involving the reuse and conversion of existing buildings being the preferred location of development, followed by previously developed land with Greenfield sites last. Policy R1 states that the development of land used for recreational purposes will not be permitted unless an equivalent replacement site is provided and laid out within the local area to the satisfaction of the City Council. Draft Policy R1 states that the development of land used for recreational purposes will not be permitted unless it has been clearly demonstrated that the site is surplus to requirements or adequate replacement provision, of equivalent or better accessibility, community benefit and management is made elsewhere within the City. National Policy contained within Planning Policy Guidance Note number 3: Housing highlights the need to develop previously developed Brownfield sites. The application site is a Brownfield site, which has been previously developed for recreational and residential purposes. This previous use, in combination with the fact that the predominant land use in the vicinity of the site is for residential purposes and the fact that the proposal would provide a mix of housing types and provide much needed supported housing, means that the principle of residential development on the site is acceptable subject to justification of the loss of an existing recreational facility. The applicant has provided a supporting statement, which justifies the loss of the 308sq.m hard surfaced recreational area. They describe how it was used by the local football team for practice but since the team disbanded in 1998 it has been under used and as a result it has been subject to repeated attacks of vandalism. I do not therefore have any objections to the loss of the recreational facility, particularly as the site has not been identified in the Greenspace Strategy as a priority for meeting recreational standards in the Ordsall and Langworthy Community Committee Area. However owing to limited provision of outdoor recreational provision in the Ordsall and Langworthy Community Committee Area the facility cannot be said to be fully surplus to recreational requirements and therefore replacement provision should be sought. As part of the proposal a 250m2 equipped play area would be provided on site. While the area is smaller than that previously provided it is of a higher quality as a result of the fact that it would be equipped. It has therefore been agreed that the proposed play area can be classed as a replacement recreational facility. The proposed development is therefore in accordance with Polices H1 and R1 of the adopted UDP and Polices H1, ST11 and R1 and revised UDP, 97 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Design Adopted 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. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. The design, scale and massing of the proposed dwellings and apartments mirrors that of other properties on the William Sutton Estate and respects and reflects that of the other properties surrounding area, which are a mix of 2 and 3 storeys in height and therefore the proposed development would gel well with its surroundings. Samples of materials have been submitted with the application. The materials that would be used are the same that have been used on the previous phases of development on the estate therefore ensuring that the various components of the estate would appear as one complete development as opposed to a series of separate ventures, something that would, in my opinion, have appositive impact upon the visual amenity of the area. Overall, I am of the opinion that the proposed development would have a positive impact upon the visual amenity of the area as the buildings and spaces around the buildings will add value and quality to the built environment in accordance with policies DEV1 and DEV2 of the adopted UDP and policies DES1 and DES2 of the revised UDP. Amenity of Users and Neighbours Adopted Policy DEV1 outlines a number of criteria to which regard should be had in the determination of planning applications. Of most relevance to this application are the location of the proposed development, including its relationship to existing and proposed land uses, the size and density of the proposed development and the impact on neighbouring residents. Draft Policy DES7 requires all new developments to provide potential users with a satisfactory level of amenity. Development that would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. The proposed development would not have an adverse impact upon the residential amenity the occupants of the properties on Doveridge gardens currently enjoy as facing habitable room window-to-window separation distances of in excess of 21m would be maintained. Similarly, the relationship of the proposed buildings and the residential properties on Maple Close and Pendleton Green is such that the occupants of these properties would not experience a reduction in the level of residential amenity they currently enjoy should the development be 98 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 permitted as there would not be any facing habitable room windows, as the properties at Maple Close and Pendleton Green have a blank gable ends fronting onto the proposed development site. The occupants of the properties on Nursery Street would not experience a reduction in the level of residential amenity they can reasonably expect to enjoy either as the relationship between the proposed dwellings and these properties would be the same as the relationship between these dwellings and the existing three-storey block of flats on Tanners Green. The level of overlooking the residents of these properties would experience would therefore remain unchanged. The proposed development could in fact improve the living conditions for the occupants of the properties on Nursery Street, as the properties directly opposite would be two storeys instead of three storeys. Each of the proposed dwellings would have a rear garden and there would be an area of communal open space provided for occupants of the proposed apartment block. I am therefore satisfied that future occupants of the proposed dwellings and apartments would be provided with a reasonable amount of useable amenity space. In order to improve security on the site I have, at the Police Architectural Liaison Officers request, placed a condition on the permission that requires a lighting scheme. As mentioned previously it is proposed to provide an onsite equipped play area in order to satisfy the requirements of Policy R1 of the adopted UDP and Policy R1 of the revised UDP and to part satisfy the requirements of Policies H6 and H11 of the Adopted UDP. In order to minimise potential noise nuisance from play areas a 30m separation is normally required between a proposed play area and the boundary of any noise sensitive properties. At its closest the proposed play area would be located 6.5m from the boundary of the proposed dwellings. Consultation has been undertaken with colleagues in Environmental Health and while concerns have been raised about the relationship between the proposed play area and the residential properties on and surrounding the site and the potential the play area has to create nuisance as a result of children playing and/or youths gathering they have not objected to the proposals. Existing residents on the estate have raised no such concerns about the inclusion of a play area within the development. Prior to the submission of planning application significant public consultation was undertaken. An open day was held on the 20th of September 2005 and residents, local Councillors and New Prospect Housing were invited to attend. Any comments made fed into the design process. William Sutton did not receive any objections the inclusion of the proposed play area with residents welcoming the inclusion of a play area that would function in a similar way to the existing play areas on the estate which are fenced with railings and controlled by an appointed resident to ensure that play is monitored and access to the site restricted thus preventing youths gathering and reducing the chances of vandalism occurring. 99 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The absence of a formal objection from colleagues in Environmental Health and members of the public, in combination with the regeneration benefits the proposed scheme would offer by clearing up and bring back into use a vacant site, by allowing the clearance of housing stock that is in a poor state of repair while allowing for residents to be relocated together thus maintaining a “community” as well as providing much needed additional supported housing within the City means that subject to the imposition of a condition that requires a scheme for acoustic fencing to be submitted as part of a landscaping condition, I do not have any objections to the relationship between the proposed play area and the residential properties, both existing and proposed. Overall, I would not consider the proposal to have a detrimental impact on the privacy or outlook of the occupiers of neighbouring dwellings or the future occupants of the proposal and therefore the proposed development is in accordance with Adopted Policy DEV 1 and Draft Policy DES 7. Car Parking Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards and that car parks are designed to a high standard, with particular regard to access arrangements, surface materials, boundary treatments and security measures. Draft Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. In total 32 parking spaces would be provided on site. Each of the dwellings would be provided with a private car parking space, with the larger 4 bedroom properties having two car parking spaces per unit. An area of communal parking containing 10 spaces, one of which is suitable for use by disabled persons, would be provided for occupants of the proposed apartments. I am of the opinion that this level of car parking is adequate and as it is laid out to a satisfactory standard I do not have any objections to the proposal on highway safety grounds. Bar provision for the two pairs of semis on the Doveridge Gardens side of the site the majority of the proposed car parking would be provided to the rear of the proposed properties. Access to the proposed car parking associated with the dwellings would however be gated. Surveillance of the communal area would be high, due to the presence of habitable room windows in the rear elevation of the proposed dwellings and apartments that over look the parking areas. I do not therefore have any issues with the proposed parking layout from a design and crime perspective. Open Space Adopted Policy H6 requires adequate provision of informal open space and children’s play within new housing developments. This policy is linked to Policy H11, which sets out a sliding scale for such provision. 100 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Draft Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments. 96 bed spaces would be provided as part of this development. According to the SPG on the provision of open space and recreation space associated with new residential development 576m2 of open space should be provided on site, which should be divided up so that 192m2 of formal equipped play space is provided and 384m2 of informal open space is provided. The 250sq.m onsite play area satisfies the requirement for formal open space. The applicant intends to manage the play area themselves and therefore the need for a financial contribution for 10 year maintenance is removed however a formal management arrangement needs to be set up, something that can be done as part of a Section 106 Agreement. The development does not however contain any informal open space and therefore a contribution of _8640 is required to provide the informal open space off site and maintain it for a 10-year period. The applicant is aware that this contribution is required. I have attached a condition requiring such a contribution. I am therefore satisfied that the application therefore accords with Adopted policies H6 and H11 and Draft Policy H8. CONCLUSION In conclusion, I consider the principle of the proposed development to be acceptable, that the scheme proposes an improved street scene and would contribute to the provision of a mix of dwelling types in the area. I am satisfied that the amenity of existing or future residents would not be unacceptably detrimentally affected as a result of this scheme. Consequently, I am satisfied that the application accords with the relevant policies of the Adopted and Revised Deposit Draft Replacement UDPs. I therefore recommend that the application be approved and that the Strategic Director of Customer and Support Services be authorised to enter into a planning obligation under S106 to provide _8640 for off site open space and for the management of the on-site play area. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The site shall be treated in accordance with a landscape scheme which shall be submitted to 101 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 3. Prior to the first occupation of the dwellings and apartments hereby permitted the 32 car parking spaces shown on Drawing No 99 shall be provided within the curtilage of the site to the satisfaction of the Local Planning Authority and such spaces shall be made available at all times the premises are in use. 4. Standard Condition J04X Bin Stores 5. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a 250sq.m equipped play area will be laid out on site and maintained under a management agreement as well as providing that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for informal open space and recreation space purposes. 6. No development shall be commenced unless and until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and thereafter retained prior to the first occupation of the development. 7. 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 Local Planning Authority. 8. Standard Condition M05 Site investigation (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R004A Amenity-area 3. Standard Reason R026A Interests of highway safety 102 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 4. Standard Reason R004A Amenity-area 5. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 6. Standard Reason R004A Amenity-area 7. Standard Reason R004A Amenity-area 8. Standard Reason R024A Amenity of future residents Note(s) for Applicant 1. In order to satisfy condition 2 the fencing to the rear elevation of all the proposed dwellings and apartments shall be acoustic fencing. 2. The site shall be laid out in accordance with the amended site plan recieved on the 14th of Match 2006. APPLICATION No: 06/52008/LBC APPLICANT: The FRASC Group LOCATION: Orchard House 318 Ellenbrook Road Worsley M28 1EB PROPOSAL: Listed Building Consent for the erection of a first floor extension above existing single storey building, alterations to elevations and change of use to 27 apartments together with associated car parking and bin store WARD: Boothstown And Ellenbrook DESCRIPTION OF SITE AND PROPOSAL This application relates to the former Mines Rescue Station on Ellenbrook Road and seeks listed building consent to convert the building to provide 27 apartments and 28 car parking spaces 103 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 which would be located mainly in front of the building, although 9 of these spaces would accessed directly off Orchard Avenue. The conversion would include the erection of three first floor extensions to rear of the building. The existing facade fronting Ellenbrook Road would remain unchanged. The site is within the Mines Rescue Conservation Area. Development restrictions are also imposed on the whole of the Conservation Area by way of an Article 4 directive. The article 4 directive removes Permitted Development rights regarding driveway, means of enclosure, doors and windows from the residential properties within the conservation area. The purpose of the directive is to retain the special architectural and historic character of the conservation area. The building is currently occupied by an industrial use. Ancillary offices are located at ground floor behind the former emergency vehicular access doors. Two apartments are also located at first floor level within the main frontage of the building. This proposal seeks to convert the existing building to provide apartments. The proposal also include rear extensions at first floor level to further facilitate the development of the building to accommodate 27 apartments. There would be a mix of apartments including 6 three bedroom apartments and 21 two bed apartments. Three apartments would be duplex apartments which would be located to the rear of the original emergency access doors. These doors would be retained. A total of 4 entrance points would be provided, 2 from the Orchard Road elevation and 2 on the opposite southern elevation. Amenity space is proposed to the rear of the site. The area fronting Orchard Avenue which currently provides additional car parking would landscaped. An associated full application 06/52015/FUL also appears on this agenda for a decision. SITE HISTORY In 1995, planning permission was approved for change of use to Hat Manufacturers with residential (95/33943/COU). The associated listed building application was also approved (95/33944/LBC) In 1997, planning permission was granted to brick up front and rear garage openings creating window openings at first floor level (front and rear) and doorways at rear ground floor level only (97/36246/FUL). At the same time listed building consent was granted for the construction of a mezzanine floor. (97/36245/LBC) In 2000, planning permission was granted for the change of use of part of first floor offices to a self contained flat together with associated landscaping (00/41187/COU). The associated listed building application was also approved. This consent allowed for internal alterations and creation of flat at first floor (00/41186/LBC) 104 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 A similar scheme (and listed building application) to this current proposal was withdrawn prior to consideration last year - Erection of part first floor and part second floor extensions above existing single storey building, alterations to the elevations and change of use to 31 apartments, together with associated car parking and bin store (05/50987/FUL and 05/50992/LBC) CONSULTATIONS The Director of Environmental Services – No objection subject to the attachment of condition relating to site investigation. Environment Agency – no objection in principle subject to drainage condition United Utilities – no objection in principle Police Architectural Liaison Officer – Raises concerns regarding the number of entrance points to the building and the lack of defensible space. Worsley Civic Trust – no response Worsley and Boothstown Residents Association – no response English Heritage – Offer no comment on the application PUBLICITY The site has been advertised by way of press and site notice. The following neighbour addresses were notified: 1 – 22 (con), 24 – 52 (even) Orchard Avenue 39 – 57 (odd), 308, 310 and 320 Ellenbrook Road 10 Wyre Drive 1 – 5 (con) Miners Mews REPRESENTATIONS I have received a number of letters of objection from four neighbouring residents in response to the application publicity. The following issues have been raised: Impact of additional vehicles Bats Overlooking Loss of privacy 105 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Amount of development already in area Amount of flats in area Shadows effect upon Access to property Character of the area REGIONAL SPATIAL STRATEGY Site specific policies: None Other policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: EN11- Protection and Enhancement of Conservation Areas, EN12 Protection and Enhancement of Listed Buildings DRAFT REPLACEMENT UNITARY DEVELOPMENT PLAN POLICY Site specific policies: Conservation Area Other policies: CH 4 - Development Affecting the Setting of a Listed Building, CH5 Works within Conservation Areas PLANNING APPRAISAL The main planning issues relating to this application are: whether the development would have any negative impact upon the listed building, and whether the proposal complies with the provisions of the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDP. These issues will be discussed in turn below. Impact upon the Conservation Area Adopted policy EN11 states that in considering planning applications for development in conservation areas, the Council will consider the extent to which the proposal is consistent with the desirability of preserving or enhancing the Conservation Area. The Council will have the need to encourage high standards of development which are in keeping with the character of the area. Revised replacement policy CH5 states that development in Conservation Areas will only be permitted where it would preserve or enhance the character and appearance of the Conservation Area. I consider that the proposal can be assessed in two parts; firstly the alterations to the area within the curtilage of the building and secondly the visual appearance of the proposed extensions. The 106 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 area in front of the building has changed little since the building was constructed. It currently provides access and car parking. This proposal would retain the external appearance of the building which fronts Ellenbrook Road. No alterations are proposed to this elevation. Whilst the existing flower bed would be reduced to facilitate this scheme, the area in front of the building would continue to provide car parking. As such I do not consider that the character of the conservation would be unduly affected by the proposal in this area. Moreover, I have attached a condition requiring the area to be formally marked out utilising appropriate materials which would further enhance the appearance of the conservation area. The southern elevation and private amenity space have limited visibility from inside and outside of the Conservation Area. The recently approved ‘Miners Mews’ would be the main area from which this elevation could be viewed. The rear elevation currently comprised of a 5.1m high wall. A new ‘traditional’ style roof is proposal at this point and would include a ridge which would return towards the two story front section. Given that this section is set in from each of the outer elevations it would not result in a significant feature from Orchard Avenue. The applicant has provided a street scene perspective looking east along Orchard Avenue toward Ellenbrook Road. The element that would be most visible to the conservation area is the first floor extension to the rear of the building which front Orchard Avenue. The design incorporates a palette of modern materials including zinc standing seam roofing system and grey eternit cladding. Whilst the proposed windows do not seek to replicate the Georgian sash windows which is evident elsewhere in the building they would be timber and be in similar positions to the existing windows at ground floor. Given the building’s historical references and design I consider it appropriate that the proposed extension is clearly defined as ‘new’ and should not seek to replace it, however, it is necessary that the extensions are appropriate. The area in front of this elevation is currently used for car parking. The proposal would provide a landscaped area and a boundary wall. I have spoken to the applicant regarding this wall and they are happy to provide a boundary wall similar to that on the opposite site of the road. The impact and design of the extension upon the listed building is discussed later in this report. Whilst the Council’s Conservation officer has raised some concerns over the proposed cladding, he has not provided any objection to the proposed conversion. Whilst the building is within a conservation area the policies highlighted above do not automatically preclude the use of modern materials. I consider that the proposed zinc roofing system would help define what is ‘new’ and allows for a shallow pitch construction which ensures that the massing is minimised. The applicant has also provided a sample of the proposed Eternit cladding. However, I am of the opinion that this material is not suitable within this conservation area and have attached a condition requiring samples to be submitted to and approved by the Local Planning Authority. 107 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 In considering all aspects of the proposal as discussed above, and with appropriate conditions requiring samples of external materials, landscaping scheme, car parking layout and details of colour treatment for the windows, I am satisfied that the proposal would make a positive contribution to the character of this conservation area. As such I am satisfied that the proposal accords with the policies highlighted above. Effect on the Mines Rescue Listed Building Adopted policy EN12 states that the Council will not normally permit any development that would be detrimental to the setting of a Listed Building or the environmental quality of the surrounding area. Revised replacement policy CH4 states that planning permission will only be granted for development that would not have an unacceptable impact on the setting of any Listed Building or would detract from the architectural and historic character of a listed building. The Council’s Conservation officer is of the opinion that the extensions are appropriate. As stated earlier, I do not consider that the proposed cladding is appropriate in this instance, I do consider that a modern design which includes modern materials helps define the original listed building and additions. Internally, and with the assistance of the Council’s Conservation officer, many of the original internal walls are to be reinstated. The original features which help define the buildings historic contribution are also to be retained such as the original emergency doors and light wells. The Council’s Conservation officer advises that the building is currently suffering from water damage. Whilst the future of this listed building is not at present under threat and is not a reason stated by the applicant in support of the scheme, I am mindful that an appropriate and sensitive scheme will ensure the long term future of this grade II listed building. Moreover, advice contained in Planning Policy Guidance Note 15: Planning and Historic Environment advised that consideration should be given to appropriate conversions. In conclusion, I am of the opinion that the scheme accords with the policies highlighted above regarding the listed building. VALUE ADDED TO DEVELOPMENT The scheme has been reduced in scale and massing and the number of units reduced from the previous scheme which was withdrawn from consideration. The applicant has entered into several pre-applications discussions with myself, the Council’s conservation area and listed building officer and English Heritage. 108 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 CONCLUSION I consider that the amendments made to the scale and massing of the proposal are more in keeping with the surrounding residential context. I am satisfied that the design is of appropriate quality to ensure that the character of the conservation area is retained and the future of this listed building is given greater security. I am satisfied that the proposal would not result in a detrimental impact upon the neighbouring residents and that it fully accords with the policies contained within the development plan. I do not consider that there are any material considerations that outweigh this view. Therefore, I recommend that this proposal be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit (Reasons) 1. Standard Reason R038 Section 18 APPLICATION No: 06/52015/FUL APPLICANT: The FRASC Group LOCATION: Orchard House 318 Ellenbrook Road Worsley 109 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 PROPOSAL: Erection of first floor extension above existing single storey building, alterations to elevations and change of use to 27 apartments together with associated car parking and bin store WARD: Boothstown And Ellenbrook DESCRIPTION OF SITE AND PROPOSAL This application relates to the former Mines Rescue Station on Ellenbrook Road and seeks consent to convert the building to provide 27 apartments and 28 car parking spaces which would be located mainly in front of the building although 9 of the spaces would accessed directly off Orchard Avenue. The conversion would include the erection of effectively three first floor extensions to rear of the building. The existing faÄ“ade fronting Ellenbrook Road would remain unchanged. The site is within the Mines Rescue Conservation Area. Development restrictions are also imposed on the whole of the conservation area by way of an Article 4 directive. The article 4 directive removes Permitted Development rights regarding driveway, means of enclosure, doors and windows from the residential properties within the conservation area. The purpose of the directive is to retain the special architectural and historic character of the conservation area. The building is currently occupied by an industrial use. Ancillary offices are located at ground floor behind the former emergency vehicular access doors. Two apartments are also located at first floor level within the main frontage of the building. This proposal seeks to convert the existing building to provide apartments. The proposal also include rear extensions at first floor level to further facilitate the development of the building to accommodate 27 apartments. There would be a mix of apartments including six - three bedroom apartments and 21 - two bed apartments. Three apartments would be duplex apartments which would be located to the rear of the original emergency access doors. These doors would be retained. A total of 4 entrance points would be provided, 2 from the Orchard Road elevation and 2 on the opposite southern elevation. Amenity space is proposed to the rear of the site. The area fronting Orchard Avenue which currently provides additional car parking would landscaped. An associated application for Listed Building Consent 06/52008/LBC also appears on this agenda for a decision. SITE HISTORY In 1995, planning permission was approved for change of use to Hat Manufacturers with residential (95/33943/COU). The associated listed building application was also approved (95/33944/LBC) 110 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 In 1997, planning permission was granted to brick up front and rear garage openings creating window openings at first floor level (front and rear) and doorways at rear ground floor level only (97/36246/FUL). At the same time listed building consent was granted for the construction of a mezzanine floor (97/36245/LBC) In 2000, planning permission was granted for the change of use of part of first floor offices to a self contained flat together with associated landscaping (00/41187/COU). The associated listed building application was also approved. This consent allowed for internal alterations and creation of flat at first floor (00/41186/LBC) A similar scheme (and listed building application) to this current proposal was withdrawn prior to consideration last year - Erection of part first floor and part second floor extensions above existing single storey building, alterations to the elevations and change of use to 31 apartments, together with associated car parking and bin store (05/50987/FUL and 05/50992/LBC) CONSULTATIONS The Director of Environmental Services – No objection subject to the attachment of condition relating to site investigation. Environment Agency – no objection in principle subject to drainage condition United Utilities – no objection in principle Police Architectural Liaison Officer – Raises concerns regarding the number of entrance points to the building and the lack of defensible space. Worsley Civic Trust – no response Worsley and Boothstown Residents Association – no response English Heritage – Offer no comment on the application PUBLICITY The site has been advertised by way of press and site notice. The following neighbour addresses were notified: 1 – 22 (con), 24 – 52 (even) Orchard Avenue 39 – 57 (odd), 308, 310 and 320 Ellenbrook Road 10 Wyre Drive 111 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 1 – 5 (con) Miners Mews REPRESENTATIONS I have received a number of letters of objection from four neighbouring residents in response to the application publicity. The following issues have been raised: Impact of additional vehicles Bats Overlooking Loss of privacy Amount of development already in area Amount of flats in area Shadows effect upon Access to property Character of the area REGIONAL SPATIAL STRATEGY Site specific policies: None Other policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: H1 – Meeting Housing Needs, H6 – Open Space Provision within New Housing Developments, H11 – Open Space Provision within New Housing Developments, DEV1 Development Criteria, DEV2 – Good Design, DEV4 – Design and Crime, T13 – Car Parking, Con Area, EN11Protection and Enhancement of Conservation Areas, EN12 - Protection and Enhancement of Listed Buildings DRAFT REPLACEMENT UNITARY DEVELOPMENT PLAN POLICY Site specific policies: Conservation Area Other policies: H1 – Provision of New Housing Development, H8 – Open Space Provision Associated With New Housing Developments, DES1 – Respecting Context, DES11 – Design and Crime, A10 – Provision of Car, Cycle and Motorcycle Parking in New Development, CH 4 - Development Affecting the Setting of a Listed Building, CH5 - Works within Conservation Areas PLANNING APPRAISAL 112 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The main planning issues relating to this application are: whether the principle of residential development in this location is acceptable; whether the development would have any negative impact upon the listed building, whether the development would have any negative impact upon the conservation area; and whether the proposal complies with the provisions of the relevant policies of both the Adopted and Revised Deposit Draft Replacement UDP. These issues will be discussed in turn below. The Principle of Residential Development The application involves the conversion of the existing building which was used primarily for light industrial purposes by hat makers and now by a mechanical services company as a store. As proposed for modification by the Council following consideration of the Inspectors recommendations into the Revised Deposit UDP, policy ST11 states that sites for development will be brought forward in the following order; reuse and conversion of existing buildings; previously developed land in accessible locations; previously developed land in less accessible locations; and lastly previously undeveloped land. Policy ST11 of the UDP accords with policy DP1 of the Regional Spatial Strategy. The conversion of the building would accord with the highest priority for bringing forward sites, and represents an efficient recycling of the existing building. Additionally the reuse of the building itself is appropriate, especially given that it is in a sound condition and of architectural interest. Therefore, in terms of accordance with the sequential approach as defined in policy ST11 the proposal is acceptable in principle. 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. The Inspector has recommended a number of amendments to this policy including the deletion of some of the criteria but that density of 30 dwellings per hectare should be sought. National planning policy guidance is also relevant. PPG3: Housing highlights the need to develop previously developed brownfield sites and where appropriate higher densities should be considered. PPG3 also states that, when considering conversions, a more flexible approach is required with regard to densities, car parking, amenity space and overlooking. Given that the proposal seeks to convert an existing building I would consider that the proposal should be considered against criteria 1 of revised policy ST11 as a site which should be developed in preference to other ‘brown and ‘green’ field development sites, as such, I consider the sequentially, the principle of the redevelopment of this site for residential accommodation to be acceptable and accords with the thrust of the policies highlighted above. Moreover, I consider 113 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 that the mixture of apartment types (as outlined above) is sufficient to provide a balanced mix in accordance with adopted and replacement policies H1. However, this has to be balanced against the impact upon the listed building, conservation area and other material planning considerations. Loss of Employment As the site is currently in use for employment purposes, the Council need to consider the potential loss of the employment use on the site. Policy EC3 of the Adopted UDP states that where existing industrial and non-retail commercial sites become vacant the Council will seek to re-use or redevelop them for similar or related uses. Redevelopment for other uses will only be permitted where: the site could be used for other purposes without a resulting material or unacceptable shortfall in the range of employment sites; alternative employment generating development such as tourism/leisure uses would be appropriate; or there is a strong case for rationalizing land uses or creating open space. Given the size of the site I do not consider that the loss of this site would result in a material or unacceptable shortfall in the range of sites and / or premises available for economic development. Additionally as the site is surrounded by residential properties, the conversion of the building would represent a rationalisation of uses that would improve the amenity of nearby residents. Policy E5 of the Revised Deposit Plan sets out criteria for when planning permission will be granted for the reuse or redevelopment of sites or buildings within an established employment area for non-employment uses. The policy states that planning permission will only be granted where the development would not compromise the operating conditions of other related employment uses, and where one or more of the following apply: The developer can demonstrate there is no current or likely future demand for the site for employment purposes; or There is a strong case for rationalizing land uses or create open space; or The development would contribute to the implementation of an approved regeneration strategy or plan for the area; or The site is allocated for another use in the UDP. Following consideration of the Inspector recommendations into the Revised Deposit UDP, the Council has proposed to amend the reasoned justification to the policy so that employment areas are now defined. MOD319 states that for the purposes of policy E5, an established employment area is defined as site(s)/building(s) that are currently used, or were vacant where last used for non-retail employment uses, and fall within one of the following categories: Any area with five or more adjacent business units; Any continuos site area of 0.5ha or greater; or Any buildings with a floor area of 5,000 square metres or greater. 114 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Using the definition the application site could not be classed as being an established employment area. The site is an isolated employment use in a predominantly residential area, does not have a site area of more than 0.5ha, nor does the building have a floor area of 5,000 square metres or greater. As a result I do not consider that the loss of this employment would result in a material shortfall across the city and is therefore accord with the thrust of policy E5. Impact upon the Conservation Area Adopted policy EN11 states that in considering planning applications for development in conservation areas, the Council will consider the extent to which the proposal is consistent with the desirability of preserving or enhancing the Conservation Area. The Council will have the need to encourage high standards of development which are in keeping with the character of the area. Revised replacement policy CH5 states that development in Conservation Areas will only be permitted where it would preserve or enhance the character and appearance of the Conservation Area. I consider that the proposal can be assessed in two parts; firstly the alterations to the area within the curtilage of the building and secondly the visual appearance of the proposed extensions. The area in front of the building has changed little since the building was constructed. It currently provides access and car parking. This proposal would retain the external appearance of the building which fronts Ellenbrook Road. No alterations are proposed to this elevation. Whilst the existing flower bed would be reduced to facilitate this scheme, the area in front of the building would continue to provide car parking. As such I do not consider that the character of the conservation would be unduly affected by the proposal in this area. Moreover, I have attached a condition requiring the area to be formally marked out utilising appropriate materials which would further enhance the appearance of the conservation area. The southern elevation and private amenity space have limited visibility from inside and outside of the conservation. The recently approved ‘Miners Mews’ would be the main area from which this elevation could be viewed. The Council’s minimum separation distance is retained in this area and is discussed later in this report. The rear elevation currently comprised of a 5.1m high wall. A new ‘traditional’ style roof is proposal at this point and would include a ridge which would return towards the two story existing building. Given that this section is set in from each of the outer elevations it would not result in a significant feature from Orchard Avenue. The potential impact of this extension is dicussed later in this report. The applicant has provided a street scene perspective looking east along Orchard Avenue toward Ellenbrook Road. The element that would be most visible to the conservation area is the first floor extension to the rear of the building which front Orchard Avenue. The design incorporates a palette of modern 115 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 materials including zinc standing seam roofing system and grey Eternit cladding. Whilst the proposed windows do not seek to replicate the Georgian sash which is evident elsewhere in the building they would be timber and be in similar positions to the existing windows at ground floor. Given the buildings historical references and design I consider it appropriate that the proposed extension is clearly defined as ‘new’ and should not seek to replace it, however, it is necessary that the extensions are appropriate. The area in front of this elevation is currently used for car parking. The proposal would provide a landscaped area and a boundary wall. I have spoken to the applicant regarding this wall and they are happy to provide a boundary wall similar to that on the opposite site of the road. The impact and design of the extension upon the listed building is discussed later in this report. Whilst the Council’s Conservation officer has raised some concerns over the proposed cladding, he has not provided any objection to the proposed conversion. Whilst the building is within a conservation area the policies highlighted above do not automatically preclude the use of modern materials. I consider that the proposed materials would help define what is ‘new’ and allows for a shallow pitch construction which ensures that the massing is minimised. The applicant has also provided a sample of the proposed cladding. However, I am of the opinion that this material is not suitable within this conservation area and have attached a condition requiring samples to be submitted to and approved by the Local Planning Authority. In considering all aspects of the proposal as discussed above, and with appropriate conditions requiring samples of external materials, landscaping scheme, car parking layout and details of colour treatment for the windows, I am satisfied that the proposal would make a positive contribution to the character of this conservation area. As such I am satisfied that the proposal accords with the policies highlighted above. Effect on the Mines Rescue Listed Building Adopted policy EN12 states that the Council will not normally permit any development that would be detrimental to the setting of a Listed Building or the environmental quality of the surrounding area. Revised replacement policy CH4 states that planning permission will only be granted for development that would not have an unacceptable impact on the setting of any listed building or would detract from the architectural and historic character of a listed building. The Council’s Conservation officer is of the opinion that the extensions are appropriate. As stated earlier, I do not consider that the proposed cladding is appropriate in this instance, I do consider that a modern design which includes modern materials helps define the original listed building and additions. Internally, and with the assistance of the Council’s Conservation officer, many of the original internal walls are to be reinstated. The original features which help define 116 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 the buildings historic contribution are also to be retained such as the original emergency doors and light wells. The Council’s Conservation officer advises that the building is currently suffering from water damage. Whilst the future of this listed building is not at present under threat and is not a reason stated by the applicant in support of the scheme, I am mindful that an appropriate and sensitive scheme will ensure the long term future of this grade II listed building. Moreover, advice contained in Planning Policy Guidance Note 15: Planning and Historic Environment advised that consideration should be given to appropriate conversions. In conclusion, I am of the opinion that the scheme accords with the policies highlighted above regarding the listed building. Design, Layout and Siting Adopted Policy DEV1 identifies a number of issues that should be taken into account when determining applications, including the visual appearance of the development, its relationship to its surroundings and the amount, design and layout of car parking provision. Adopted 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. Adopted Policy DEV4 encourages greater consideration of crime prevention and personal and property security in the design of new development. Regard will be had to a number of factors including the provision of security features. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. The Inspector has recommended no changes to this policy. Draft Policy DES11 updates Policy DEV4 of the Adopted UDP. The neighbouring residents which adjoins the rear of the building on Orchard Avenue have raised concerns regarding overlooking, the increase in height and the potential shadowing that would result in the loss of aspect. Loss of view is not a material planning consideration. The proposal would maintain more that the Council’s normal separation distances. Whilst the proposal would introduce a new residential use into the building, I am satisfied that the proposal would not result in a loss of privacy to the neighbouring residents. 117 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The applicant’s agent has provided a sunlight and shadow study. It shows that the neighbouring properties to the rear would experience additional shadowing in the morning of the summer months. There would be no difference in the evenings given that the sun sets in the west. During the winter months the shadow effect would be in the opposite direction. As such, I am satisfied that this study proves that the proposal would not have a detrimental impact upon the neighbouring residents by way of shadowing. The main elevation fronting Ellenbrook Road would be unchanged by this proposal. The existing doors which originally would have provided access for the emergency vehicles have been retained. Duplex apartments would be provided in this location. The first floor extensions on the existing single storey rear elements of the building have been designed and positioned so that the existing light wells are retained. These light wells originally provided light to the corridors adjacent to the training rooms. The central extension is proposed in materials to match the existing main frontage. The extensions on the outer sides of the building are of modern materials. The elevation fronting Orchard Avenue would be cleaned and the original windows at ground floor would be retained as would the chimney. The first floor outer extensions would introduce a modern appearance which would separate the existing two storey building and the proposed central extension with maturing ‘traditional’ roof. The windows are also of a modern appearance. However, they would be timber and would include a number of larger windows to carry through the vertical emphasis of the ground floor windows. Turning to the proposed materials, the applicant has indicated that the roof of the two outer single storey elements would be zinc. I consider that this material would help define what is ‘new’ and allows for a shallow pitch construction which ensures that the massing is minimised. The applicant has also provided a sample of the proposed Eternit cladding. However, I am of the opinion that this material is not suitable within this conservation area and have attached a condition requiring samples to be submitted to and approved by the Local Planning Authority. I am satisfied that appropriate materials could be provided. The Police Architectural Liaison Officer has considered that the application. He has raised concerns regarding the number of entrance points to the building and lack of defensible space. I have forwarded a copy of the advice to the applicant. Whilst I am minded of these comments, I consider that the listed status of the building outweighs the specific concerns regarding the number of entrance points. Should the scheme be designed to provide only one entrance point at the front of the property, I consider that it would result in significant alterations to the internal elements of the listed building. With regard to defensible space, I have attached a condition requiring details of a landscaping scheme which includes boundary treatments to be provided and agreed prior to the commencement of development. In conclusion and given that the Police Architectural Liaison 118 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Officer has not objected to the scheme, I am satisfied that the proposal accords with the thrust of policies DEV4 and DES11. In conclusion, I am of the opinion that the scheme accords with the policies highlighted above regarding design, layout and siting. Car Parking Adopted Policy T13 states that the Council will ensure that adequate parking and servicing is provided to meet the needs of new development, in accordance with the Council’s standards and that car parks are designed to a high standard, with particular regard to access arrangements, surface materials, boundary treatments and security measures. Draft Policy A10 requires development to make adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s maximum standards. It also states that the maximum car parking standards should not be exceeded. The applicant has indicated that a total of 28 car parking spaces would be provided, I have no highway objection to the application. I consider the level of car parking to be appropriate and in accordance with the Council’s maximum car parking standards. I have attached a condition requiring details of cycle stores and disabled parking provision to be provided. I have no highway objection. In conclusion, I am of the opinion that the scheme accords with the policies highlighted above regarding car parking and access. Open Space Adopted Policy H6 requires adequate provision of informal open space and children’s play within new housing developments. This policy is linked to Policy H11 which sets out a sliding scale for such provision. Draft Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments. In accordance with the above policies, the applicant has agreed to make a contribution towards the provision and maintenance of open space in the vicinity. In accordance with the recently adopted Supplementary Planning Guidance, the contribution in this regard would be £63,232. I am satisfied that the application therefore accords with Adopted policies H6 and H11 and Draft Policy H8. Other issues I have instructed the applicant’s agent to undertake a bat survey. This survey has been completed and the report has been forward to the Greater Manchester Ecology Unit. To date I 119 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 have not received a response from the ecology unit. I will report the findings of this assessment to the Panel. VALUE ADDED TO DEVELOPMENT The scheme has been reduced in scale and massing and the number of units reduced from the previous scheme which was withdrawn from consideration. The applicant has entered into several pre-applications discussions with myself, the Council’s Conservation officer and English Heritage. The developer has agreed to contribute £63,232 towards children’s equipped play space and open space in accordance with policies H6 and H11. CONCLUSION I consider that the amendments made to the scale and massing of the proposal are more in keeping with the surrounding residential context. I am satisfied that the design is of appropriate quality to ensure that the character of the conservation area is retained and the future of this listed building is given greater security. I am satisfied that the proposal would not result in a detrimental impact upon the neighbouring residents and that it fully accords with the policies contained within the development plan. I do not consider that there are any material considerations that outweigh this view. Therefore, I recommend that this proposal be approved subject to the following conditions and that the Strategic Director of Customer and Support Services be authorised to enter into a planning obligation for the provision of £63,232 towards the provision of public open space in accordance with Adopted UDP policies H6 and H11 and Draft UDP policy H8 and SPG7. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 120 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 3. No development shall be started until samples of the facing materials to be used for the external elevations of the development have been submitted to and approved in writing by the Local Planning Authority. 4. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development will be paid to the Local Planning Authority for open space and recreation space purposes 5. The windows within the first floor extensions hereby approved shall be treated in a colour which is to be agreed in writing prior to the commencement of the development by the Local Planning Authority. 6. Before the development hereby permitted is brought into use a scheme detailing materials for that part of the site to be used by vehicles shall be submitted for the written approval of the Local Planning Authority. The scheme shall include details of how the area will be laid out, drained, surfaced and sealed. The car parking area shall be constructed in accordance with the approved scheme and shall thereafter be made available at all times the premises are in use. 7. No development shall be commenced unless and until a site investigation report (the Report) has been submitted to and approved in writing by the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The investigation shall where appropriate include a risk assessment and an options appraisal including the remedial strategy. The proposed risk assessment, including the sampling and analytical strategy shall be approved in writing by the Local Planning Authority prior to the start of the site investigation survey. The development shall be carried out in accordance with the approved Report including its 121 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 risk assessment, options appraisal and recommendations for implementation of the remedial strategy. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works were completed in accordance with those agreed by the Local Planning Authority. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R006A Character - conservation area 3. Standard Reason R007A Development-existing building 4. To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and H8 of the Revised Deposit Draft Replacement Plan 2003. 5. Standard Reason R006A Character - conservation area 6. Standard Reason R006A Character - conservation area 7. Standard Reason R028A Public safety APPLICATION No: 06/51996/FUL APPLICANT: University Of Salford LOCATION: Site Of Venebles Building And Adjacent Land University Crescent Salford PROPOSAL: Demolition of existing building and erection of three storey building to provide new School of Law WARD: Irwell Riverside DESCRIPTION OF SITE AND PROPOSAL 122 Salford PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 This application is for the demolition of an existing university building and the erection of a three storey building to provide a new school of law for the University of Salford. The site is on Cockcroft Road within the University’s Peel Park campus adjacent to the Clifford Whitworth Library and the Broadwalk, the main pedestrian route from The Crescent. To the east of the application site is Peel Park. The main building will be 20m by 38m, and three storeys in height. The ground floor would contain six seminar spaces and an informal learning/study area as well as having an adjoining 240-seat lecture theatre. The first floor would have the offices for the school’s academic and admin staff, research staff and informal meeting areas. The second floor would accommodate the law library and further study rooms. The main pedestrian entrance will be from the southwest corner of the building. Landscaped areas would also be provided within the site. CONSULTATIONS Director of Environmental Services - no objections subject to a condition requiring a site investigation. Greater Manchester Architectural Liaison Officer – no objections. Environment Agency – no objections based on a minimum floor level of 37.42m. GMPTE – no objections as the site is well located in relation to public transport. Urban Regeneration Company – no objections. PUBLICITY A site notice was displayed on 17th January 2006. The application site is located within the campus and the nearby buildings are all university buildings, therefore neighbour consultation letters were not sent out. REPRESENTATIONS I have received no letters of objection in response to the application publicity. UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime SC7 – Adult, Higher and Further Education T10 - Pedestrians T13 – Car Parking 123 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 DRAFT REPLACEMENT UNITARY DEVELOPMENT PLAN Site specific policies: None Other policies: DES1 – Respecting Context DES2 – Circulation and Movement DES11 – Design and Crime DES13 – Design Statements EHC3 – University of Salford A1 – Transport Assessments and Travel Plans A10 - Provision of Car, Cycle and Motorcycle Parking in New Developments PLANNING APPRAISAL Policy DEV1 outlines a number of criteria to which regard will be had in the determination of applications. Of most relevance to this application are the location and nature of the proposed development, the relationship to the road and public transport network, the likely scale and type of traffic generation and the amount, layout and design of car parking provision. 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. Policy DEV4 states that the Council will encourage greater consideration of crime prevention and security. Policy SC7 outlines the Council’s support for the continued development of further education within the City. It states that the continued expansion of the University of Salford will be encouraged. Policy T10 states that the Council will ensure that the needs of pedestrians are given greater attention by, for example, promoting schemes which improve pedestrian safety and convenience and improving pedestrian links between educational establishments and rail stations and bus facilities. Policy T13 requires the provision of adequate and appropriate car parking to meet the needs of new development. Draft policy DES1 requires development to respond to its physical context. In assessing whether proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the scale of the proposed development. 124 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Draft policy DES2 requires the design and layout of new development to maximise the movement of pedestrians through and around sites and enable safe, direct and convenient access to public transport facilities. Draft policy DES11 updates policy DEV4 of the adopted UDP. Draft policy DES13 requires applicants for all major developments to demonstrate how their development takes account of the need for good design. A written statement is required explaining the design principles, how these are reflected in the development’s layout, the relationship of the proposal to the site and the wider context and how the development would meet the Council’s design objectives and policies. Draft policy ECH3 outlines the presumption in favour of development which supports the University of Salford’s role as a nationally-important higher educational establishment where it would be consistent with other Plan policies. Within the Peel Park campus, development will be permitted if it satisfies a number of criteria, including improving access for public transport users, cyclists and pedestrians as part of a Travel Plan and retaining a network of open spaces. Draft policy A1 states that developments which would give rise to significant transport implications will not be permitted unless they are accompanied by a Travel Plan. Draft policy A10 requires developments to make adequate provision for disabled drivers, cyclists and motorcyclists, not exceed the Council’s maximum car parking standards and provide safe and secure parking facilities. I consider the main issues in the determination of this application to be whether the proposal is in keeping with the context/has any impact on the surrounding area, whether the design is acceptable, whether there are any the associated highway implications and whether the proposal complies with the relevant policies of both the adopted and draft Unitary Development Plans. Principle of Proposal Given that the site is already in use by a university building and is within the Peel Park campus, I consider the proposed new building to be acceptable and complementary to surrounding land uses. The proposal accords with adopted policy SC7 and draft policy ECH3 which both support the continued expansion of the university. Design of Proposal In terms of the siting and design of the proposed building, the applicant’s agent has provided a statement detailing the rationale behind the positioning and design of the building, in accordance with draft policy DES13. The surrounding university buildings are of different heights and materials. The new law school would be adjacent to the existing Clifford Whitworth Library and 125 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 would be the same height to give the new building a massing proportion similar to its neighbour. There would be a glass bridge at second floor level connecting the two buildings. The pedestrian entrance to the proposed building has been positioned to serve the Broadwalk, which is the main pedestrian thoroughfare through Peel Park campus between the Cockcroft, Newton and Peel buildings and University House (student union). The lecture theatre has been positioned at a key junction of the circulation routes of the Peel Park campus, and it is intended to be a symbol for the law school. It could be used separately from the main building as an event space due to lockable doors and shutters. The second floor cantilevers over the floors below, as a greater area was required for the law library. This gives the building a massing and presence, and the law library and study areas would have the advantage of views over Peel Park. I therefore consider the proposal complies with DES13 and DEV2. Transport Issues In accordance with adopted policies ECH3 and A1, the applicant has submitted a Travel Plan to accompany this application. The Plan has been prepared for the whole of the university and covers the period August 2004 – July 2009 and provides details of a number of initiatives aimed at reducing reliance on the car and promoting the use of alternative modes of transport. There are no existing car parking spaces on this site and no new spaces would be provided as part of the proposal due to the site being within a pedestrian area enclosed by other university buildings and Peel Park. Salford Crescent train station is in walking distance, approximately 150m to the west of the new building, and offers regular services to Manchester, Liverpool, Bolton for example. There are bus stops on Salford Crescent which form part of the Manchester – Eccles – Peel Green Quality Bus Corridor which also offers frequent services. All student parking would be directed to the Northern car park (access via University Road or Wallness Lane) or to the outlying half price car parks where they can then use the free campus bus service which has a drop off point less than 3 minutes walk from the proposed new law building. VALUE ADDED TO DEVELOPMENT Although the application site falls within the Chapel Street Regeneration Strategy Area, to which the Chapel Street Planning Obligations legal agreement to provide a monetary contribution for improvements relates, this is not required for this type of development. I consider that the application itself would contribute to the regeneration of the area, by reinforcing the University’s role as one of the country’s leading further educational establishments and raising the profile of the area generally. CONCLUSION In conclusion I consider the proposed use and it’s siting to be acceptable accords with the relevant policies of both the Adopted and First Deposit Unitary Development Plans. It would 126 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 result in improved facilities for the University. The application would be consistent with the aims of objectives of the Travel Plan in providing opportunities to encourage the use of non-car modes and reducing reliance on the car. I therefore recommend approval. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. Prior to the commencement of the development hereby approved, samples of the materials for the external elevations and roof of the buildings shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority. 3. Prior to the commencement of development a site investigation report (the Report) shall be submitted to and approved in writing by the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The investigation shall where appropriate include a risk assessment and an options appraisal including the remedial strategy. The proposed risk assessment, including the sampling and analytical strategy shall be approved in writing by the Local Planning Authority prior to the start of the site investigation survey. The development shall be carried out in accordance with the approved Report including its risk assessment, options appraisal and recommendations for implementation of the remedial strategy. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works were completed in accordance with those agreed by the Local Planning Authority. (Reasons) 1. Standard Reason R000 Section 91 127 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 2. Standard Reason R004A Amenity-area 3. Standard Reason R004A Amenity-area APPLICATION No: 06/52114/FUL APPLICANT: Willam Developments Ltd LOCATION: Land On West Side Of Woodrow Way Irlam PROPOSAL: Erection of four - two storey buildings comprising 11 business/industrial units (Class B1 and B8) together with associated car parking and construction of new vehicular and pedestrian accesses WARD: Cadishead DESCRIPTION OF SITE AND PROPOSAL The site is currently vacant and was formerly the curtilage to a previous industrial use. The land extends to 6.3 hectares is overgrown and naturally vegetated but with no species worthy of retention The site is accessed off Woodrow Way adjacent to the Lidl Store and the Higher Irlam Neighbourhood Centre. The adjoining land to the south is occupied by industrial and storage uses. Adjoining the site to the west are a number of residential properties. The development comprises 11 individual units the proposed use of which is either B1 (light industrial and offices) or B8 (warehousing). 7 units will be 2 storeys with the upper floors in office use. The development has been designed around a single access of Woodrow Way with the rear of the single storey units (units 5-8) facing the houses in order to screen the service yards and activity from the residential uses. The units would be of standard construction – brick with colour coated steel cladding, and the height would be 6 metres for the single storey units and 8.8 metres for the 2 storey units. It is proposed to provide 68 parking spaces and facilities for cycle parking. 128 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 SITE HISTORY No relevant Planning history. CONSULTATIONS Environment Agency: – No objections subject to conditions Environmental Health: no objection but recommended several conditions be attached United Utilities: no objection subject to satisfactory drainage Engineers: No objections subject to conditions GMP Architectural Liaison Officer: Close desire route footpaths which traverse the site A secure 2.4 metre high fence to the South, West and joint Lidl boundary will be required, constructed at the base to inhibit persons burrowing under. nb. Palisade fencing would not be appropriate to the west boundary. In order to mitigate the risk of unauthorised access to the rear of the units which are not well observed (and may offer succor to persons illegally intending to enter the premises) we will require fencing to the ends of the units. All glazing should be laminated glass to minimize the risk and impact of burglary. Similarly the facility should be designed to the minimum standards of the Secured By Design award and the applicant should submit a statement indicating what measures have been employed to minimize the risk of crime Highways: No objections received Irlam and Cadishead Community Committee: No objections received PUBLICITY A press notice was published on 16th March 2006 A site notice was displayed on 9th February 2006 The following neighbour addresses were notified: Cara Construction, Woodrow way Harboro House, Woodrow Way Lidl Woodrow Way Tesco Petrol Station Woodrow Way 129 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Buchanan Veterinary Practice, Liverpool Road Flat 533, Liverpool Road 523 – 533(o), Liverpool Road 2 – 16 (e) Woods lane 1 – 21 Alexandra Grove – 35 (o) Napier Green REPRESENTATIONS I have received one letter of representation signed by 15 local residents. The letter does not object in principle to the development but raises some concerns in respect of noise or potential for noise from the proposed development:The application does not provide details of the numbers of employees or the hours of use. Specific uses are not allocated to specific units. The perimeter treatment does not include an acoustic fence to contain noise within the site. Sound insulation properties to the units have not been specified. The use of units 5, 6, 7, and 8 should be restricted to low noise activities. REGIONAL SPATIAL STRATEGY UR2 – An Inclusive Social Infrastructure UNITARY DEVELOPMENT PLAN POLICY Site specific policies: EC13/33 allocation for industrial and warehousing uses Other policies: DEV1 – Development Criteria DEV2 – Good Design DEV4 – Design and Crime T13 – Car Parking REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: E3/2 allocation for employment development. Other policies: ST3 – Employment Supply DES1 Respecting Context DES7 Amenity DES9 Landscaping DES11 Design and Crime A10 – Provision of Car, Cycle and Motorcycle Parking in New Developments 130 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 PLANNING APPRAISAL The site is allocated for employment uses and Policy E3/2 comments that offices or light industrial uses would complement the adjacent industrial uses whilst protecting the amenity of residents on Woods Road. The main issue is therefore whether the submitted scheme and proposed uses adequately respects the proximity of the residential properties. Noise The application is accompanied by a Noise assessment, which concludes that noise from the site can be controlled by way of planning conditions, which set the limits on the level of noise from the site. It also refers to noise mitigation measures but does not specify the details. I do not consider that it is problematic that specific uses are not allocated to specific units. Both B1 and B8 uses are considered “low noise uses” which are normally capable of being accommodated in close proximity to residential property. The issue of the hours of operation have been raised with the applicant who has confirmed agreement to the use of a condition limiting the hours of use in respect of delivery vehicles, loading and unloading. The application does not indicate fencing details but these will be required to meet the requirements of the GMP and will also be required to include acoustic properties. The issue of the fencing details can however be controlled by planning conditions. Visual Amenity A landscaping buffer zone up to 4 metres wide is proposed between the proposed units and the residential properties and landscaping details, which comprise a line of individual trees, have been provided to demonstrate that the screening will be adequate. The nearest dwelling would be 15 metres from the rear elevation of the single storey units, which is considered to be a satisfactory distance particularly in the context of there being a landscaped buffer. Other considerations The issues raised by the GMP have been addressed by the imposition of planning conditions. VALUE ADDED TO DEVELOPMENT 1. The parking provision has been amended to provide for disabled persons parking and cycle and motorcycle parking. 2. A safe pedestrian access to each of the proposed units has been incorporated in to the development. 3. Landscaping details have been required to establish an adequate screening to the site. 131 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 CONCLUSION I am satisfied that the proposed development is consistent with both the site specific policies and the other policies of the Council. The development is of a type and form that with appropriate conditions will not unduly affect the residential amenities of the nearby residents. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No development shall be started until full details of the colour and type of facing materials to be used for the walls and roofs of the development have been submitted to and approved in writing by the Local Planning Authority. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans. 5. Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the LPA. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the LPA prior to the start of the site investigation survey. Recommendations and remedial works contained within the 132 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the LPA. 6. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from vehicle parking shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor. 7. The site boundaries shall be fenced with a security fence to a minimum height of 2.4 metres in accordance with a scheme to be submitted and approved by the Local planning Authority prior to the commencement of development of the site. The fencing, as approved, shall be erected prior to the first occupation of the premises and retained thereafter. 8. The southerly boundary of the site shall be fenced with acoustic quality fencing in accordance with a scheme to be submitted and approved by the Local planning Authority prior to the commencement of development the site. The fencing, as approved, shall be erected prior to the first occupation of the premises and retained at all times thereafter. 9. The southerly boundary of the site shall be fenced with acoustic quality fencing in accordance with a scheme to be submitted and approved by the Local planning Authority prior to the commencement of development the site. The fencing, as approved, shall be erected prior to the first occupation of the premises and retained at all times thereafter. 9. There shall be no access to the site by goods or delivery vehicles, nor any loading or unloading including with use of a fork lift truck within the site except between the hours of 07.00 and 18.30 Monday to Friday and the hours of 08.00 and 16.00 on Saturday. 10. There shall be no storage of goods, materials or refuse other than within the confines of the buildings hereby approved. 11. Prior to the commencement of the development a scheme and statement indicating what measures are employed to minimize the risk of crime shall be submitted to and approved by the Local Planning Authority. The scheme and statement as approved shall be implemented prior to the first occupation of the premises and retained thereafter. 12. The use of audible reversing alarms on fork lift trucks shall not be permitted. Guidance can be obtained from the Health and Safety Executive on alternative means of safe movement of fork lift trucks. 13. The emergency doors to the rear of the units shall be kept closed except for emergencies 133 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 14. The yard area between the gables of units 2 and 5 shall not be used for loading / unloading of vehicles. 15. The area marked for car parking between the gables of units 2 and 5 shall not be used for parking for delivery vehicles. 16. The rating level of noise emitted from the site shall not exceed the existing background noise level determined to be 45dBLA90(lh) between 7.00 and 19.00 Monday to Saturday and 42dBLA90(lh) between 19.00 and 23.00 Monday to Friday and 39dBLA90(5min) at any other time. The noise level shall be determined at Location 1 as defined in Figure 1 of Hepworth Acoustics Limited report Reference 3682.Iv2 dated October 2005. The measurements and assessment shall be made according to BS 4142 : 1997 "Rating Industrial Noise Affecting Mixed Residential and Industrial Areas". 17. The rating level of noise emitted from the site shall not exceed the existing background noise level determined to be 49dBLA90(lh) between 7.00 and 19.00 Monday to Saturday and 46dBLA90(lh) between 19.00 and 23.00 Monday to Friday and 41dBLA90(5min) at any other time. The noise level shall be determined at Location 2 as defined in Figure 1 of Hepworth Acoustics Limited report Reference 3682.Iv2 dated October 2005. The measurements and assessment shall be made according to BS 4142 : 1997 "Rating Industrial Noise Affecting Mixed Residential and Industrial Areas". 18. Notwithstanding the provisions of Article 3 of the Town and Country Planning General Development Order 1988, no further plant or machinery shall be erected on the site under or in accordance with Part 8 of Schedule 2 to that order without planning permission from the local planning authority. 19. The units hereby approved shall be retained as individual business units and shall not be combined to form larger units unless otherwise agreed in writing by the Local Planning Authority. 20. The site shall be restricted to Class B1 and B8 unless otherwise agreed in writing by the Local Planning Authority (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R008A Development-Buildings in vicinity 3. Standard Reason R004A Amenity-area 134 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 4. Standard Reason R004A Amenity-area 5. Standard Reason R028A Public safety 6. Standard Reason R028A Public safety 7. Standard Reason R004A Amenity-area 8. Standard Reason R005A Amenity-neighbours 9. Standard Reason R005A Amenity-neighbours 10. Standard Reason R019 Avoidance of Doubt 11. In accordance with DEV4 Design and Crime 12. Standard Reason R005A Amenity-neighbours 13. Standard Reason R005A Amenity-neighbours 14. Standard Reason R005A Amenity-neighbours 15. Standard Reason R005A Amenity-neighbours 16. Standard Reason R005A Amenity-neighbours 17. Standard Reason R005A Amenity-neighbours 18. Standard Reason R005A Amenity-neighbours 19. Standard Reason R005A Amenity-neighbours 20. Standard Reason R005A Amenity-neighbours Note(s) for Applicant 1. The applicant is advised that their site lies within 250m of a former landfill site. In the event that landfill gas is migrating, suitable precautions need to be undertaken to avoid the ingress of landfill gas into the new extension or existing house. It is strongly advised that the detailed design specification incorporates suitable measures to mitigate against the ingress of landfill gas. Any measures would be expected to conform to the standards contained in the 1990 Building research Establishment Report "Construction of new buildings on gas- 135 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 contaminated land" 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 applicants attention is drawn to the consultationletter recieved from United Utilities on the 28.02.2006 4. For further discussions regarding the requirements of the Contaminated Land Condition, the applicant/developer is advised to contact the Environmental Protection Team in the Environment Directorate (Tel: 0161 737 0551). 5. Guidance can be obtained from the Health and Safety Executive on alternative means of safe movement of fork lift trucks. APPLICATION No: 06/52111/OUT APPLICANT: K Mack LOCATION: 32, 32A And 34 Heron Street Pendlebury Swinton M27 4DJ PROPOSAL: Demolition of existing buildings and outline planning application for development of land for residential purposes WARD: Pendlebury DESCRIPTION OF SITE AND PROPOSAL The application relates to a plot of land on Heron Street in Swinton. The site is currently used for a number of purposes. To the West of the site is a former a scrap yard which is now an area used for storage. To the North East there is a garage on site which was used as a vehicle repair workshop, however at present the garage is vacant and unused. To the South East fronting Heron Street there is a detached residential dwelling which is currently occupied. The application site is located in a predominately residential area. There are terraced houses bounding the site to the North, East and South and to the West of the site are playing fields. The application proposes the demolition of existing buildings within the site and the development of land for residential purposes. All matters are reserved for future determinations. 136 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 CONSULTATIONS Director of Environmental Services – No objections, conditions have been recommended. Environment Agency – No objections to the principle of development, conditions recommended. PUBLICITY This application has been advertised by a site notice. The following addresses have been notified: 32A, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 35, 37, 39 Heron Street, Swinton 21, 23, 25, 27, 29, 31, 33, 35, 37, 39 Fraser Street, Swinton REPRESENTATIONS I have received eight letters of objections in response to the planning application publicity The following issues have been raised: Size of site to accommodate development of such size and scale. Increased car parking and traffic along Heron Street. Proposal would block out light. Issues of overlooking and loss of privacy to neighbours. Asbestos on site. REGIONAL SPATIAL STRATEGY SD1 The North West Metropolitan Area ADOPTED UNITARY DEVELOPMENT PLAN Site Specific Policies: None Other Policies: H1 Meeting Housing Needs EC3 Re-Use of Sites and Premises DRAFT REPLACEMENT PLAN POLICY Site Specific Policies: None 137 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION Other Policies: 6th April 2006 ST11 Location of New Housing Development H1 Provision of New Housing Development PLANNING APPRAISAL The main planning issues relating to this application are to assess whether the development of land for residential development purposes would be acceptable on this site and suitable within the surrounding area and whether the development would be in accordance with the Adopted and Draft Replacement UDP policies. Policy H1 of the Adopted UDP 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. H1 of the Draft Replacement Plan states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. ST11 of the Draft Replacement UDP states the hierarchy which new sites will be brought forward for development. Focus of this policy is towards previously developed land which are well served by a choice of means of transport and are well related to housing, employment, services and infrastructure. Policy EC3 of the adopted UDP state that where existing industrial sites become vacant the City Council will try to re-use or redevelop the site for similar uses except for if the site could be used for other purposes without resulting in a material or unacceptable shortfall in the range of sites available for economic development. The proposal is for the development of land for residential purposes. The site is located in a predominantly residential area and there is a residential unit on the application site. I therefore consider that residential development would be more suited within the surrounding area than the site’s previous use as a scrap yard and garage. I consider that the size of site and the employment uses of the site could easily be relocated to other areas within Salford. The redevelopment of the land for residential purposes would have visual, crime prevention and environmental benefits. I consider these outweigh the loss of such a small, unallocated employment site. The proposal would be on previously developed land which is within 120m of Manchester Road. There would therefore be easy access to public transport and a range of other services and facilities. This would satisfy the criteria for new development in policy ST11 of the Draft Replacement UDP. I have received objections relating to the scale of development on a relatively small piece of land and the potential of development to result in a loss of light and the overlooking to surrounding residential properties. Given that the application has been amended from that originally 138 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 submitted, approval is now sought for the principle only. The above matters will therefore be considered at reserved matters stage and not as part of this application. Issues have been raised from local residents as to the increase in traffic and car parking which could potential result out of any development on the site. Given the nature of the proposed development I have no objections to the proposal on highway safety grounds. Such issues can be considered at reserved matters stage when the number of units and number of parking spaces is known and can be assessed. Issues have been received as to the use of asbestos on the site and the danger in demolishing buildings. Issues have not been raised by either the Environmental Agency or by Environmental Services and a condition has been attached to the application with regard to site investigations prior to the commencement of development. Ensuring sites are tidy and operate safety is the responsibility of Health and Safety Executive and not the Local Planning Authority. CONCLUSION The proposed residential use of the land is complementary to the adjoining land uses. The loss of employment land to residential would not be contrary to the development plan and would help to improve the area for the residents. The land is classed as Brownfield and in a well-served area would therefore consistent with the policy ST11 of the Draft Replacement UDP. Therefore I recommend that the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition B01B New reserved matters 2. Standard Condition B01X Reserved Matters 3. No development shall be commenced unless and until a site investigation report (the Report) has been submitted to and approved in writing by the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The investigation shall where appropriate include a risk assessment and an options appraisal including the remedial 139 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 strategy. The proposed risk assessment, including the sampling and analytical strategy shall be approved in writing by the Local Planning Authority prior to the start of the site investigation survey. The development shall be carried out in accordance with the approved Report including its risk assessment, options appraisal and recommendations for implementation of the remedial strategy. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works were completed in accordance with those agreed by the Local Planning Authority. (Reasons) 1. Standard Reason R001 Section 92 2. Standard Reason R002 Reserved Matters 3. Standard Reason R028A Public safety Note(s) for Applicant 1. The proposed development lies within a coal mining area. In the circumstances the Applicant should take account of any coal mining related hazards to the stability of their proposal. Developers must also seek permission from the Coal Authority before undertaking any operation that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current or proposed surface and underground mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk 2. Prior to the commencement of the development the contractor who demolishes the building shall contact Salford City Council's Building Control Unit to discuss demolition. 3. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 Saturdays 08:00 to 13:00 Construction works shall not be permitted on Sundays or Bank or Public Holidays 140 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 4. Prior to the commencement of the development the developer shall submit a scheme highlighting details of the likely resultant noise levels from activities during the construction & demolition phases at the nearest noise sensitive premises. 5. The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council. APPLICATION No: 06/52173/FUL APPLICANT: Dawn Pritchard LOCATION: Land Rear Of 87 To 93 Rocky Lane Eccles PROPOSAL: Renewal of planning permission (01/42407/FUL) for the erection of seven detached, one pair semi detached dwellings and one two storey building comprising eight flats together with associated landscaping, car parking and construction of new vehicular access WARD: Eccles DESCRIPTION OF SITE AND PROPOSAL This application seeks a renewal of an existing consent 01/42407/FUL which expires in July 2006 and relates to old industrial premises on Rocky Lane. The site covers an area of approximately 0.4 hectares and is bounded by Highfield Road to the north, Harbern Close to the west, the rear gardens of houses on Pine Grove and Park Road to the south and Rocky Lane to the east. The buildings on the site were formerly used as a knitting mill but in recent years have been let out for a variety of uses. The site is cleared and vacant. It is proposed to construct seven detached properties, a pair of semi-detached properties and a two storey block of eight flats. A new access to the site would be provided from Highfield road and the existing access points into the site from Rocky Lane would be closed. 141 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 SITE HISTORY In March 2000 planning permission was granted in outline for eight semi-detached properties, a single detached property and a two storey block of eight flats, comprising eight flats (99/39216/OUT). In July 2001 planning permission was granted for the erection of seven detached, one pair semi detached dwellings and one two storey building (01/42407/FUL). CONSULTATIONS Director of Environmental Services – No objections in principle but requests conditions regarding noise and ground contamination. Greater Manchester Police Architectural Liaison Unit – No objections in principle but provide advice. Environment Agency – No objections in principle but requests conditions. PUBLICITY A site notice was displayed on 22.02.06 The following neighbour addresses were notified: 1 to 15 Park Road 3 to 7 Pine Grove 72, 74, 75 to 79 and 87 to 95 Rocky Lane 1 to 5 (incl) and 11 Harbern Close 2 and 4 Highfield Road REPRESENTATIONS I have received 2 letters of representation / objection in response to the planning application publicity. The following issues have been raised:Tree causing a nuisance Retention of Boundary Wall Ownership of land issue REGIONAL SPATIAL STRATEGY UR4 Setting Targets for the Recycling of Land and Buildings 142 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: EC3 Re-Use of Sites and Premises, DEV1 Development Criteria, DEV1 Development Criteria, DEV2 Good Design, DEV4 Design and Crime, T13 Car Parking, H1 Meeting Housing Needs, H6 and H11 Open Space Provision Within New Housing Developments, DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: DES1 Respecting Context, DES7 Amenity of Users and Neighbours, DES11 Design and Crime, H1 Provision of New Housing Development, H8 Open Space Provision Associated with New Housing Developments, A10 Provision of Car, Cycle and Motorcycle Parking in New Development. E5 Development within established employment areas A2 Cyclists, Pedestrians and the disabled PLANNING APPRAISAL I consider that the main planning issues are whether the principle of development of the site for residential purposes is acceptable and whether the proposal has any significant detrimental effect upon neighbouring residents having regard to the site layout, position and design of the houses and traffic generation and access. Principle of Development Policy EC3 states that the City Council will only allow alternative development on vacant industrial sites in a number of instances that include where there is a strong case for rationalising land uses. The site has now been cleared. The surrounding land uses are predominantly residential and the wider area is also residential. There are no adjacent employment land uses. In my view given the extant planning permission that this is an isolated ‘island’ former employment site within an area of residential development there is and remains a strong case for rationalising the land use to that now proposed. The revised UDP adopted policy E5 would not apply as this site is not in my view within an established employment area. Policy DEV1 states that the City Council will have regard to a number of factors when determining applications for planning permission. These factors include the effect on neighbouring residents and the layout and relationship of existing and proposed buildings. 143 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Adopted Policy H1 states that the Council will endeavour to ensure that the city’s housing stock is able to meet the housing requirements of all groups within Salford by promoting a number of measures, including the release of land to accommodate new house building. Draft Policy H1 states that new housing development should contribute to the provision of a balanced mix of dwellings within the local area. National planning policy guidance is also relevant. PPG3: Housing highlights the need to develop previously developed brownfield sites and where appropriate higher densities should be considered. The site has previously been developed and is a brownfield site as detailed in PPG 3, as such, I consider that the principle of the redevelopment of this site for residential accommodation is acceptable and accords with the thrust of the policies highlighted above. Sec. 51 [of the 2004 Act] (3) amends sec.73 of the Town and Country Planning Act 1990 by preventing an extension to the period of validity of a permission without the submission of a new application. Applications that are received on or after 24th August 2005 should be determined in accordance with the above provisions. The provisions do not apply to applications that were determined or submitted prior to that date. However, where permission or consent was granted prior to 24th August 2005, developers will retain until 23rd August 2006 the ability to seek to extend the time-limit on that permission or consent. As such it is acceptable in this instance to apply to renew this application given the time factors and it is also acceptable under S.73 of the TCPA 1990 to impose new conditions relevant in the determination of this application. Design, layout and Open Space Adopted policy DEV2 states that the City Council will not normally grant planning permission unless it is satisfied with the quality of design and the appearance of the development and policy. Draft Policy DES1 requires developments to respond to their physical context and to respect the character of the surrounding area. In assessing the extent to which proposals comply with this policy, regard will be had to a number of factors, including the relationship to existing buildings and the quality and appropriateness of proposed materials. Draft Policy DES11 updates Policy DEV4 of the Adopted UDP. Policy DES7 of the Revised Deposit Draft Replacement UDP requires all new developments to provide potential users with a satisfactory level of amenity. Development which would have an unacceptable impact on the amenity of the occupiers or users of other developments will not normally be permitted. 144 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 Adopted Policy H6 requires adequate provision of informal open space and children’s play within new housing developments. This policy is linked to Policy H11 that sets out a sliding scale for such provision. Draft Policy H8 requires adequate and appropriate provision to be made for formal and informal open space within housing developments. In accordance with the above policies, the applicant has agreed to make a contribution towards the provision and maintenance of open space in the vicinity. In accordance with the recently adopted Supplementary Planning Guidance, the contribution in this regard would be £67,566. I am satisfied that the application therefore accords with Adopted policies H6 and H11 and Draft Policy H8. Turning to traffic generation and highway safety. Members will recall at your meeting of 2nd March 2006, the application to develop land off Chorlton Fold for some 23 houses/apartments. It was resolved that given the increase in traffic from that development, traffic calming was requested on Folly Lane. It has been suggested that a pedestrian crossing would introduce the desired impact. Given that this proposed development will generate its own traffic which enters Folly Lane close to the site already described, it is reasonable that a contribution is made to facilitate the provision of a pedestrian crossing. Such a crossing will be beneficial to the new occupants and also provide a safer environment for existing residents. This contribution should be in the region of £15,000. The flats are two storey only and adequate distances between existing and proposed properties are maintained that are sufficient to ensure that there is no significant detrimental effect on the amenity of any neighbouring occupier as a result of this development. The proposed semidetached and detached dwellings maintain a distance of 11m from the common rear boundary with existing bungalows. These houses are also at an angle to each other and therefore I am satisfied that sufficient distance exists between the approved dwellings and the existing houses for there not to be any significant detrimental effect as a result of over looking or loss of privacy. There are no protected trees on the site and I do not consider any of the trees adjacent to the site worthy of protection. I consider the design and appearance of the dwellings and apartments acceptable in this location and do not envisage any significant detrimental impact on the amenity of the neighbouring residents or the character and appearance of the neighbouring street scenes. I am satisfied that the proposed development is acceptable and in accordance with UDP policies. Additional conditions have been attached relating to lighting, recycling, cycle provision and a S106 contribution. I consider that these are appropriate for this development in accordance with Adopted and Replacement Plan policies. I also recommend that the Strategic Director of Customer and Support Services be given authority to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 and S278 of the Highways Act to secure the provision of improved local open space/play equipment, local environmental improvements and improvements to highway safety. 145 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 On the issue of ownership of the land as stated by the objector I have spoken with Mr Alan Wise who is acting on behalf of the applicant and he has confirmed that the land as defined in the red line boundary submitted with the planning application is entirely in the ownership of the applicant Dawn Pritchard. CONCLUSION I consider that the application to renew the consent of 01/42407/FUL is acceptable and there are no new material considerations that outweigh this recommendation. It is further recommended that the Strategic Director of Customer and Support Services be authorised to (1) enter into a Planning Obligation under S1206 of the Town and Country Planning Act 1990 for the contribution of £67,566 towards the provision and maintenance of open space in the local area and (2) enter into an agreement under S278 of the Highways Act for a contribution of £15,000 towards a pedestrian crossing on Rocky Lane. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. No development shall be started until full details of the colour and type of facing materials to be used for the of the development have been submitted to and approved in writing by the Local Planning Authority. 3. The site shall be treated in accordance with a landscape scheme which shall be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include full details of trees and shrubs to be planted, walls, fences, boundary and surface treatment and shall be carried out within 12 months of the commencement of development and thereafter shall be maintained to the satisfaction of the Local Planning Authority. Any trees or shrubs dying within five years of planting shall be replaced to the satisfaction of the Local Planning Authority. 4. Vehicular access to the site shall be from Highfield Road ONLY. 5. There shall be no reduction in the height of the boundary wall with Harbern Close without the prior written approval of the Local Planning Authority. 6. Standard Condition M03 Contaminated land 146 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 7. The site shall be treated in accordance with a detailed boundary treatment scheme that shall be submitted to and approved in writing by the Local Planning Authority before development is commenced. Such scheme shall include full details of the proposed means of enclosure to all boundaries and shall be carried out within three months of the commencement of development. 8. The development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 56(4)(a-d) of the Town and Country Planning Act, 1990 until a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 has been made and lodged with the Local Planning Authority, and the Local Planning Authority has given its approval in writing. The planning obligation will provide that a commuted sum as required by Policies H6 & H11 of the City of Salford Adopted UDP 1995, H8 of the Revised Deposit Draft Replacement Plan 2003 and SPG7 Provision of Open Space and Recreation Space Associated with New Residential Development and Policy A2 Cyclists, Pedestrians and the Disabled will be paid to the Local Planning Authority for open space recreational space purposes, and highway safety. 9. No development shall commence until a scheme detailing recycling facilities for the apartments and dwellings has been submitted to and approved in writing by the Local Planning Authority. Such scheme as is approved shall be implemented in full prior to the occupation of any dwelling. 10. Prior to the commencement of the flats hereby approved, a scheme detailing the provision of a cycle store shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to first occupation of any of the flats, unless agreed otherwise in writing by the Local Planning Authority. 11. No development shall commence until an external lighting scheme for the apartments has been submitted to and agreed in writing by the Local Planning Authority. Such scheme as is approved shall be implemented in full prior to the occupation of any dwelling. 12. Prior to the commencement of the development a scheme and statement indicating what measures are employed to minimize the risk of crime shall be submitted to and approved in writing by the Local Planning Authority. The scheme and statement as approved shall be implemented prior to the first occupation of any of the dwellings/flats and retained thereafter. 13. No development shall commence unless and until a scheme(s) demonstrating sustainable construction techniques and energy efficiency have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and maintained in accordance with the approved scheme(s). (Reasons) 147 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 1. Standard Reason R000 Section 91 2. Standard Reason R008A Development-Buildings in vicinity 3. Standard Reason R004A Amenity-area 4. So as not to interfere with the free flow of traffic along Highfield Road in accordance with policy DEV 1 of the City of Salford Unitary Development Plan. 5. Standard Reason R005A Amenity-neighbours 6. Standard Reason R028A Public safety 7. Standard Reason R005A Amenity-neighbours 8. To ensure the provision of appropriate open space, recreational space and highway safety for future occupiers in accordance with policies H6 & H11 of the City of Salford Adopted UDP 1995 and Policies A2 and H8 of the Revised Deposit Draft Replacement Plan 2003. 9. Reason: To encourage recycling of waste materials in accordance with Adopted UDP policy MW11 10. Standard Reason R024A Amenity of future residents 11. Standard Reason R024A Amenity of future residents 12. In accordance with DEV4 of the Adopted UDP 13. To ensure the development accords with policies EN17 and EN17A of the City of Salford Unitary Development Plan, Draft Replacement Plan 2004-16. 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 148 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 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 applicant's attention is drawn to the need to intercept surface water draining from the development prior to its entering the highway across a footway, to meet the requirements of Section 103 of the Highways Act 1980. 4. The applicant's attention is drawn to the contents of the attached letter from the Environment Agency. 5. This permission shall relate to the amended plans received on 21st June 2001 that show amendments to the site layout. 6. The applicants attention is drawn to the Greater Manchester Polices Architectural Liaison Officer's letter of 23.02.2006 7. The applicant is advised to consult Urban Visions highway Section regarding road adoption. 8. Construction works shall not be permitted outside the following hours: Monday to Friday 08:00 to 18:00 Saturdays 08:00 to 13:00 Construction works shall not be permitted on Sundays or Bank or Public Holidays Access and egress for delivery vehicles shall be restricted to the working hours indicated above. 149 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 APPLICATION No: 06/52149/DEEM3 APPLICANT: Housing Market Renewal Team LOCATION: Alleyway To Rear Of 2-42 Martin Street And 60-100 Chandos Grove Salford M5 5JZ PROPOSAL: Erection of gates to secure alleyway WARD: Weaste And Seedley DESCRIPTION OF SITE AND PROPOSAL This application is for the erection of 2.85m high maximum lockable double leaf gates at the alleyways to the rear of 2-42 Martin Street and 60-100 Chandos Grove, Salford 5 to provide residents only access and improved security. CONSULTATIONS Peak and Northern Footpath Society – no response. Ramblers Association – no objections. Greater Manchester Pedestrian Association – no response. Open Space Society – no response. Public Right of Way Officer- no objections. PUBLICITY A press notice was published on 21.02.2006. A site notice was displayed on 23.02.2006 The following neighbour addresses were notified: 2-42 (Even) Martin Street 60-100 (Even) Chandos Grove 26 Baltic Street The Chandos Club REPRESENTATIONS I have received one letters of representation in response to the planning application publicity. The following issues have been raised: 150 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 The need for those gates to reduce crime REGIONAL SPATIAL STRATEGY Site specific policies: None Other policies: None UNITARY DEVELOPMENT PLAN POLICY Site specific policies: None Other policies: DEV1 - Development Criteria DEV4 - Design and Crime T10 - Pedestrians REVISED DEPOSIT DRAFT REPLACEMENT PLAN POLICY Site specific policies: None Other policies: DES1 – Respecting Context DES11 – Design and Crime A2 – Cyclists, Pedestrians and the Disabled PLANNING APPRAISAL The main planning issues relating to this application are the impact of the proposed gates on the street scene and the amenity of neighbouring residents and the impact the proposed closures would have upon crime, the fear of crime and public accessibility. The loss of existing public rights of way also needs to be considered. Policies DEV1 and DES1 identify a number of issues that should be taken into account when determining planning applications. These include the visual appearance of the development and its relationship to its surroundings. Policy DEV2 seeks to achieve high quality design and to secure an acceptable appearance in development proposals. With respect to DEV1, DEV2 and DES 1, I am of the opinion that the design, siting, height and colour - being black powder coated, of the proposed gates would be in keeping with the scale, height and character of the other boundary treatments and therefore would not form visually obtrusive features for the surrounding area nor the local residents would suffer any significant loss of amenity. Policy T10 and DES 2 take into account the safety and the accessibility of existing public rights of way in the planning of new development. Policy A2 also states that development that would result in the loss of an existing public right of way will only be permitted where it can be demonstrated that adequate levels of access for the disabled, pedestrians and cyclists will be maintained through the site. 151 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 I am satisfied that the proposed alley gates are not going to result in any significant loss of permeability through the site as pedestrians and cyclists would be able to use other routes which are equally safe and secure to access the area. The local residents will also be able to gain access through the alley gates, as they will be issued with the relevant keys. As such I am satisfied that the proposal meets the criteria in policy T10, DES 2 and A2. The proposal would still preserve high level of accessibility and safety to all users. Policies DEV4 and DES11 seeks for proposals to deter crime in the interests of personal and property security without compromising on the appearance of the development. Although the objector claims there are no burglaries within the area, and the area would not require the erection of those gates, figures provided by Groundwork indicate that 54% of the residents have experienced incidents of crime and anti social behavior within this rear alleyway and 93% of the residents felt that the security of their property would be improved by installation of the gates. The Crime Reduction Officer from GMP and the police also fully support the alleyway gating scheme. I am therefore of the opinion that the proposal is supported by majority of the residents and the proposed gates will assist in crime prevention and reduce anti-social behaviour in the area by only allowing neighbouring residents access to the alleyways lie. This will help to reduce residents’ fear of crime and overall beneficial to the area, which is in accordance with policy DEV4 and DES11. I believe that the loss of existing public rights of way is acceptable given the proposed improvements in crime prevention. I consider that the benefits of the proposal as outlined above outweigh the access issue because the alleys are not recreational routes and the users of the alleys are mainly local residents who would continue to have access to the rear alleyways when they are no longer public rights of way. CONCLUSION Overall, the proposed development would not have an adverse impact upon the street scene or the residential amenity currently enjoyed by neighbouring residents. In fact the proposed development would contribute to an improved quality of life, improve the pedestrian environment, eliminating vandalism, theft and other criminal activity for existing and future local residents. The proposal is therefore in accordance with policies DEV1 and DEV4 the City of Salford Unitary Development Plan and policies DES1 and DES11 of the Draft Replacement UDP. I therefore recommend the application be approved. RECOMMENDATION: Approve Subject to the following Conditions 1. Standard Condition A03 Three year time limit 2. The development hereby permitted shall not be commenced until the appropriate order for the closure or diversion of the public rights of way affected by the development has been made. 152 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 3. The proposed gates shall be painted in the approved colour (Black RAL 9005) within 3 months of their erection, and maintained in such a condition thereafter. (Reasons) 1. Standard Reason R000 Section 91 2. Standard Reason R026A Interests of highway safety 3. Standard Reason R004A Amenity-area Note(s) for Applicant 1. The applicant is advised that a formal easement will be required with United Utilities for the closures hereby approved. 153 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 6th April 2006 154