COMMITTEE DATE: 18/05/2009 - Blackpool Borough Council

COMMITTEE DATE: 18/05/2009

Application Reference: 09/0045

WARD:

DATE REGISTERED:

LOCAL PLAN ALLOCATION:

Talbot

02/03/09

No Specific Allocation

Outline Planning Permission APPLICATION TYPE:

APPLICANT:

PROPOSAL: Demolition of existing building and erection of a four-storey block of 14 self-contained permanent flats with associated access and parking for five vehicles

ZURICH SECURITIES

LOCATION: 7-11 ALFRED STREET, BLACKPOOL, FY1 4LH

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SITE DESCRIPTION

The application site is on the east side of Alfred Street, between Church Street and Adelaide

Street, and contains a three-storey commercial building, erected in the early 1960s as a car showroom on the ground floor with stores and workshop on the upper floors.

In 1979 planning permission was given for the use of the upper floors as a showroom when the workshop and servicing facility was relocated to industrial premises at Marton.

In later years, it is understood the property has been used as a furniture warehouse and showroom but the upper floors are currently unused and the ground floor frontage is used as a commercial car park with nine marked out parking spaces.

The site is bounded by adopted highways, albeit of restrictive width, to the north and east sides and adjoins the rear yards of properties 13 Alfred Street, 73 and 75 Adelaide Street to the south.

Existing buildings surrounding and facing the site are a mixture of heights and styles, but predominantly three storeys, and comprise a mixture of commercial uses with an apparently low-incidence of residential accommodation - mainly at upper floor level.

It is anticipated the Committee will have inspected the site on 18th May 2009.

DETAILS OF PROPOSAL

The application is for outline planning permission with access, layout and scale being applied for at this stage. Appearance and landscaping are reserved for later submission. The application is accompanied by the requisite Design and Access Statement.

The proposal is to replace the existing building with a four-storey block of permanent flats occupying the same site footprint. Originally submitted for 20 flats, negotiations have resulted in the scheme being revised to 14 two-bedroom flats. The scheme includes an indicative layout, showing the arrangement of the accommodation, the location of five 'undercroft' car parking spaces, a refuse bin storage area and secure cycle store.

As well as layout plans, the submission includes a street scene, section and levels showing the proposed building in relation to the heights of adjacent buildings and to that of the existing building on the site.

MAIN PLANNING ISSUES

The main considerations in this case relate to :



the principle of residential development on the site and the type of accommodation,



the appearance in the general streetscene,



the impact of the development on the amenities of proposed residents and neighbours,



car parking and access.

CONSULTATIONS

Head of Transportation - no objection.

Streetscene and Enforcement Manager - the development requires space for 3 x 1280 litre bins.

Asst. Director Neighbourhoods and Communities (Environmental Protection) - desk top study required.

Police Crime Prevention Officer - various recommendations for detailed consideration towards achieving 'Secured by Design' accreditation.

United Utilities - have registered concerns that the redevelopment should not damage existing sewers in the highways bounding the site.

PUBLICITY AND REPRESENTATIONS

Neighbours notified - 03/03/2009

Site Notices displayed - 13/03/2009

Gazette Notice published - 18/03/2009

In response to the publicity, representations have been received from the owners of 13 Alfred

Street and 73 Adelaide Street and strong objections have been made by a person with a home address in Fleetwood - (presumed to have a business interest in the proximity of the application site).

The owner of 13 Alfred Street, the dental practice at the corner of Alfred Street/Adelaide

Street, has health and safety concerns and fears that demolition and construction works will lead to obstruction of access and trespass and will cause disruption of his business.

The owner of the adjoining property at 73 Adelaide Street, which property has access rights over the yard of 13 Alfred Street, is concerned over possible property damage during demolition and construction works and resultant congestion of Alfred Street.

Both these representations relate to matters which are not relevant to the planning merits of the proposed development and, in terms of damage and trespass, would be for resolution between the parties concerned.

The resident from Fleetwood considers a four-storey development to be inappropriate in size and detrimental to neighbours, that the loss of existing parking spaces will be detrimental to the area and that the proposed parking provision is inadequate for the number of flats proposed.

In response, the proposed development is shown to be only 586 mm. higher than the existing building on the site and the streetscene depiction shows four storeys to be acceptable in terms of scale and relationship to adjoining properties. The present use of the ground floor frontage for parking is unauthorised and is (presumably) an opportunistic undertaking to generate income from an otherwise unused property, and the use could cease anytime. The car parking issues are addressed under Assessment.

NEARBY APPEALS

None relevant.

REGIONAL SPATIAL STRATEGY TO 2021

No specific relevant policies.

ADOPTED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

LQ2 - Site Context,

LQ4 - Building Design,

HN3 - Phasing

HN4 - Windfall Sites,

HN6 - Housing Mix,

HN7 - Density,

BH3 - Residential and Visitor Amenity,

BH4 - Public Health and Safety,

BH10 - Open Space in New Housing Developments,

AS1 - General Development Requirements.

Additional guidance:

SPG 10 - containing recommended room sizes for conversions to flats.

SPG 11 - Open Space Provision and the Funding System.

ASSESSMENT

Principle of Residential Development and Type.

Local Plan Policies HN3 and HN4 support the residential development of underused and redundant sites within the urban area. A suitable form of development would be of regeneration benefit to the area and these policies support the principle of residential redevelopment.

Policy HN6 relates to housing mix and identifies a need to promote and permit development which contributes towards a more balanced pattern of housing types, sizes and tenures within the inner area neighbourhood. The scheme comprises all two-bedroom apartments and in this respect is in accord with policy HN6.

Whilst there is a substantial over-provision of converted, often poor quality, predominantly one-bedroom flat accommodation within the inner area generally, the provision of purposebuilt, flats which comply with Council floorspace standards would not unduly exacerbate that current imbalance and would provide good quality residential accommodation.

Policy HN7 relates to the density of development. Government advice encourages housing development at 30-50 dwellings per hectare although higher densities of 50 or more should be sought at more accessible locations within walking distance of the town centre and along public transport corridors.

The site area in this case is approximately 520 sq.m. (0.052 hectares) and therefore the proposed density of the scheme shown equates to 270 dwellings per hectare. Within and around the town centre, because of the built-up nature of the surroundings, minimum density targets are not necessary. In the absence of concerns under other relevant policies relating, for example, to amenity and scale, it is considered that the density of development is not by itself an overriding issue.

Appearance in the General Streetscene

Policies LQ2 and LQ4 are concerned to raise the quality of the built environment and ensure that new development is appropriate to its surroundings, not only in design terms but also in scale and setting.

The Design and Access Statement and supporting drawings demonstrate that the scale and siting of the proposed building is appropriate and acceptable in its relationship to the surrounding buildings.

In summary, it is considered that the height, bulk and siting of the building are factors which have been satisfactorily addressed and, consequently, the development would appear appropriate within the streetscene of Alfred Street.

Impact on Amenity

Policy BH3, states that development will not be permitted which adversely affects the amenity of those occupying residential accommodation. This applies to not only existing neighbours but also the future occupiers of the proposed development.

In this case it is considered that the scheme does not unduly impact upon the amenities of neighbouring occupiers of premises in terms of domination or overlooking. The main consideration in amenity terms, is the standard of accommodation being provided for future occupiers. The restricted nature of the site, bounded by highway and private properties on three sides, gives rise to design problems regarding the position of windows to main rooms. In fact, this has been the main factor in the need to reduce the number of units from the originally proposed 20 to 14.

Whilst some bedroom windows are still to be located on the site boundary and will need to be high level and/or incorporate some obscure glazing to achieve reasonable privacy, it is considered that the scheme provides reasonable arrangements for potential occupiers of the flats with each having access to a west-facing balcony, suitable refuse storage facilities, secure cycle parking and a small landscaped frontage.

For the foregoing reasons the development would not be contrary to the aims of Policy BH3.

Policy BH4 requires suitable site investigations on potentially contaminated land. The previous uses of the site involved vehicle repairs and petrol sales and in this respect it would be

appropriate for a developer to establish whether any remediation measures are required.

Consequently, a suitable condition is to be imposed.

Policy BH10 requires that new residential development makes provision for sufficient open space to meet the needs of its residents. The applicant is aware of the requirement and requests that the matter be dealt with by way of a condition regarding a commuted payment in lieu.

A suitable condition would address the requirements of Policy BH10.

Car Parking and Access

Policy AS1 requires development to provide appropriate levels of car, cycle and motorcycle parking in accordance with the Council's adopted standards. In general, car parking should be provided on the basis of a maximum one space for one bedroom dwellings and two spaces for family dwellings of two or three bedrooms. Within the identified inner area, and on sites of high accessibility, the standards require the reduced provision to 1.5 spaces per dwelling, or less, unless exceptional circumstances are demonstrated.

The present scheme proposes the provision of 5 car spaces which does not even provide one space per flat but, as with nearly all town centre redevelopment schemes, strict application of the parking standards would likely make development unfeasible.

As with other redevelopment sites within the town centre, it is accepted that the lack of car parking does not raise highway safety concerns. The regeneration benefits and opportunity to achieve a high quality building on the site, are considered to be positive factors which, in this case, outweigh the reduced car parking provision within the scheme.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

Policy BH10 requires that new residential development makes provision for public open space in accordance with the guidance in SPG Note 11. The level of provision is calculated from the number of bedrooms within the development.

The application includes indicative floor layout plans to show how the development could accommodate the number of units applied for, and indicates 14 two-bedroom flats.

Since there is no on-site provision of public open space any commuted sum payment in lieu, for this scale of development, would amount to £9,632.00. It is recommended that a suitable condition would achieve the aims of BH10.

HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property. However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedoms of others. The proposal does not give rise to any Human Rights issues.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty, in all its functions, to have regard to community safety issues as required by section 17 of the

Crime and Disorder Act 1998.

ADDITIONAL BACKGROUND DOCUMENTS

None.

Recommended Decision: Grant Permission

Conditions and Reasons

1. i. Approval of the following details (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority:

Appearance

Landscaping ii. Applications for approval of the reserved matters shall be made to the Local

Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun not later than 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.

Reason i & ii: This is an outline planning permission and these conditions are required to be imposed pursuant to Section 92 of the Town and Country Planning

Act 1990 (as amended).

2. This development hereby approved shall not be commenced until a planning obligation under section 106 of the Town and Country Planning Act 1990 as amended has been made and lodged with the Council as Local Planning Authority and the Local Planning Authority has given its approval in writing. The planning obligation shall provide that a commuted sum as required by policy BH10 of the

Blackpool Local Plan 2001-2016 and SPG11 (Open Space Provision for New

Residential Development) will be paid to the Local Planning Authority for open space and recreation space purposes.

Reason: To ensure the residential development provides appropriate open space and recreation space for future occupiers in accordance with policy BH10 of the

Blackpool Local Plan 2001-2016.

3. a) No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local

Planning Authority. These details shall include any proposed changes to existing ground levels, means of enclosure and boundary treatment, areas of soft landscaping, hard surfaced areas and materials, planting plans specifications and schedules (including plant size, species and number/ densities), and shall show how account has been taken of any underground services. b) The landscaping works shall be carried out in accordance with the approved details within the first planting season following completion of the development hereby approved or in accordance with a programme agreed in writing by the

Local Planning Authority (whichever is sooner). c) Any trees or shrubs planted in accordance with this condition which are removed, uprooted, destroyed, die, or become severely damaged or seriously

4.

5.

6.

7. diseased within 5 years of planting shall be replaced within the next planting season by trees or shrubs of similar size and species to those originally required to be planted, unless the Local Planning Authority gives its written consent to any variation.

Reason: To ensure the site is satisfactorily landscaped in the interests of visual amenity with regards to Policy LQ2 of the Blackpool Local Plan 2001-2016.

No development shall be commenced until a desk study has been undertaken and agreed in writing with the Local Planning Authority to investigate and produce an assessment of the risk of the potential for on-site contamination. If the desk study identifies potential contamination, a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been agreed in writing with the Local Planning Authority. If remediation methods are then considered necessary, a scheme for decontamination of the site shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented and completed prior to the commencement of the development. Any changes to the approved scheme shall be agreed in writing with the Local

Planning Authority.

Reason: To ensure a safe form of development that poses no unacceptable risk of pollution to water resources or to human health and in accordance with Policy BH4 of the Blackpool Local Plan 2001-2016.

Prior to the development hereby approved being first brought into use the cycle storage provision shown on the deposited plans shall be provided and shall thereafter be retained.

Reason: To enable access to and from the property by sustainable transport mode, in accordance with Policy AS1 of the Blackpool Local Plan 2001-2016.

The 'reserved matters' shall make provision for any windows in the north, east and south elevations to be high level and/or obscure glazed in order to prevent direct overlooking of adjoining premises or loss of privacy to the proposed development.

Reason: To safeguard the living conditions of the occupants of the proposed development and neighbouring premises, in accordance with Policy BH3 of the


The premises shall be used for permanent residential occupation and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and

Country Planning (Use Classes) Order 1987 or any Order revoking and reenacting that Order).

Reason: To safeguard the living conditions of the occupants of nearby residential premises, in accordance with Policies RR2 and BH3 of the Blackpool Local Plan

2001-2016.

8. No flat shall be occupied until its internal layout and arrangements have been provided in accordance with the plans hereby approved. The layout of the accommodation and arrangements hereby approved shall thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to ensure that the accommodation accords with the Council's approved Supplementary Planning Guidance and to safeguard the living conditions of the occupiers of the flats, in accordance with Policy HN6 of the

1


REASONS FOR RECOMMENDED DECISION

The proposal has been considered in relation to policies LQ2, LQ4, HN3, HN4, HN6,

HN7, BH3, BH4, BH10 and AS1 of the Blackpool Local Plan 2001-2016 and is in accordance with the aims and provisions of those policies. There are no other material considerations of significant weight such as to warrant refusal.

Advice Notes to Developer

1. In response to consultation, United Utilities have expressed concerns that the proposed works may affect an adopted sewer in the adjoining highway.

Consequently, the developer is advised to contact United Utilities in order to undertake the necessary surveys in order to ascertain any potential and consequential damage to the sewer arising from the development and establish any necessary remedial measures arising therefrom.

2. Please note that any address changes or new addresses needed as a result of this development must be agreed by the Council. Please contact Council's

Streetscene and Property Department, Layton Depot, Depot Road, Blackpool, FY3

7HW (Tel 01253 477477).



WARD:

DATE REGISTERED:


Bloomfield

30/03/09

Resort Neighbourhood

Removal / Variation of Conditions APPLICATION TYPE:

APPLICANT: J.D WETHERSPOON

PROPOSAL: Variation of condition 2 on planning permission 97/0373 to allow customers to use the rear delivery yard as an outside drinking/eating and smoking area.

LOCATION: AUCTIONEER, 235-237 LYTHAM ROAD, BLACKPOOL, FY1 6ET

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INTRODUCTION

This application is a re-submission following the Committee's refusal of planning application reference 08/0682 on 8 September 2008 for the following reason;

The proposed use of the delivery yard by patrons of the public house as an outdoor drinking area would result in noise, disturbance, odours from smoking and other anti-social behaviour over and above that which currently occurs at the rear of the premises and particularly by extending the use into the evening. As such the proposed use would have a significantly adverse impact on the living conditions and residential amenities of nearby residents and hence the proposed use would be contrary to Policies RR14, BH3, BH4 and BH17 of the

Blackpool Local Plan 2001 - 2016.

Since then JD Wetherspoon has held a meeting with local residents on 22 September 2008 and on 29 September 2008 the company wrote to local residents advising them of its intention to submit a revised application on the basis of a number of concessions, notably that the outside area would only be used between the hours 0900 to 1900 hours, 7 days per week and that separate areas would be delineated for eaters and smokers, together with a number of

'management' measures for the area. Letters of support for the revised proposal were received from 10 residents in the area and one person who lives near the town centre.

However, of the four nearest, the 2 residents of 18 Bagot Street, the resident of 31 Bagot

Street and the resident of 48 Shaw Road, none of their properties abut the yard area with 18

Bagot Street being the closest at 25 metres away and nos 31 and 48 being on the opposite sides of the respective roads. None of the residents whose properties abut the yard area responded in the positive to JD Wetherspoon.


The Auctioneer public house is on the west side of Lytham Road, between Bagot Street and

Shaw Road, within a parade of shops immediately to the north of South Shore District Centre.

The site has a frontage of 15 metres and a depth of 39 metres, of which the rear yard area accounts for 12.5 metres of the rearward projection. At its widest point the rear yard is 7.8 metres wide. To the south of the yard area are terraced houses fronting Bagot Street. These properties have 3.5 metre deep rear yards. To the north of the yard area is a detached property and pair of semi-detached properties fronting Shaw Road. These properties have

outriggers that abut the application site. There is then a terrace of properties extending westwards along Shaw Road.

The Committee will have visited the site on 18 May 2009.


Permission was granted in 1997 for the use of the premises as a public house (97/0026 &

0027 refer), with restrictions on delivery times and noise levels. Permission was then granted for alterations to the front elevation and formation of a delivery yard to the rear, following amendments to delete reference to a beer garden (97/0372 & 0373). As a result of Members concerns at the time with regard to the close proximity of residential accommodation, condition

2 was imposed preventing use of the delivery yard by patrons:

"The delivery yard to the rear shall only be used for servicing the premises and in particular, shall not be used to accommodate customers. Reason: In the interests of residential amenity."

The current proposal is for the variation of the condition to allow patrons to drink/eat and smoke outside the premises, within the delivery yard between the hours of 0900 and 1900 hours everyday. The applicants have stated that they are willing to accept suitable restrictions in terms of the layout of, capacity of and management of the area in order to ensure that there are no impacts upon any nearby residents. The plan submitted with the application shows 3 tables for smokers by the southern boundary of the yard and 7 tables close to the northern and western boundaries for drinkers/eaters. They consider that the proposed external area will further enhance the surrounding area and contribute to the regeneration of the town's character. In support of the proposal they have submitted a Planning Statement containing appeal decisions which they consider relevant, an 'Overview of Operations' statement and copies of the letter sent to local residents in September 2008 and the responses.


The issue here is the impact on living conditions and residential amenity through possible noise and disturbance.

CONSULTATIONS

Asst. Director Neighbourhoods & Communities (Environmental Protection): I have checked the Environmental Protection data base and can confirm that we have received several complaints from residents about noise associated with bottling and deliveries, and a number of complaints about odours arising from the kitchen exhaust system at the Auctioneer. (There have been no complaints since the previous application was refused). The delivery yard is adjacent to a number of mixed use premises, and would not be a suitable location for use as a beer garden. Acknowledges that the applicant has made concessions regarding the proposed use of the area but objects to this application on the basis that both noise and odours from smoking are likely to cause unreasonable nuisance and will lead to complaints from residents, hoteliers and their guests.

Police Crime Prevention Officer: Since the previous refusal there has been dialogue between the Police, Licensing Officer and JD Wetherspoon. The Police are now satisfied that as long as the concessions proposed are adhered to that they will support the application. However, in addition the Police suggest that any furniture to be sited in the yard area be bolted to the

ground. The Police feel that with these concessions the likelihood of crime occurring at the premises will be reduced.


Neighbours notified 30 March 2009

Objections received from 39, 41, 49 Shaw Road and 8 Bagot Street together with a petition signed by 9 signatories (properties in Shaw Road).

Concerns raised relate to:



noise from the open space affecting living conditions in nearby residential property, residents expect peace and quiet at the rear of their houses



there are already noise problems with early morning deliveries/removal of barrels & glasses and it will be unbearable if noise carried on late into the night



noise levels are already high inside the pub, this would be the same outside due to rowdy drinkers and alcohol also fuels bad language, fights & disturbance



there could be problems with bottles being thrown into residential gardens & through windows



allowing patrons to use the delivery yard will give them access to the rear of residential properties, defeating the purpose of the gated alley



people will climb the low wall and access their residential properties



the yard will be used as a smoking area which will pollute nearby residential premises



the licensee doesn't care about the residents, men in white suits were cleaning the external extractors on the roof at 12.55am immediately adjacent to residential bedrooms and shouting to each other

These matters are addressed below under the Assessment.

NEARBY APPEALS

None relevant.

A number of Wetherspoon appeal decisions have been submitted in support of the proposal, however none are directly comparable to the current situation. Where discussion has related to beer gardens, they have been at the front of the premises and none of the decisions hinge on the impact of noise in a confined outdoor space surrounded by residential properties.


None relevant


BH3 Resident & Visitor amenity - development is not permitted which would adversely affect the amenity of those occupying residential and visitor accommodation. This includes the effects on privacy and outlook and the impacts of the use and activity associated with the development, which in this case includes noise and anti-social behaviour.

BH4 Public Health & Safety - seeks to protect residential amenity from public health issues such as noise, vibration and light pollution.

BH17 Restaurants, Cafes, Public Houses & Take-Aways - development will not be permitted where it would have an adverse effect on the amenities of neighbouring premises or residents in the surrounding vicinity.

RR14 Lytham Road/Bloomfield Road, Chapel Street, Central Drive & Dickson Road - seeks to attract rather than deter visitors, and assist in resort and community regeneration.

ASSESSMENT

Noise is a sensitive issue here as neighbours have had cause to complain about deliveries and late night cleaning in the past. However, there have not been any complaints since the previous refusal by Committee in September 2008. Deliveries to the yard are currently restricted to between 0800 hrs and 1800 hrs Mondays to Saturdays, and not at all on Sundays in order to safeguard the living conditions of the occupants of nearby residential premises

(97/0026 condition 4). An extension over part of the yard was granted in 2002 (02/0202) but never carried out. This was allowed on the basis that the noise would be contained within the extension and wouldn't have the same impact as noise emanating from an open space.

Whilst the licensing objectives of the Licensing Act 2003 are more aimed at avoiding public nuisance and are a mechanism for controlling opening hours, it does not diminish the role of the planning system in protecting residential amenity where necessary in certain sensitive locations such as this. The noise impact on the occupiers of residential properties in Bagot

Street and Shaw Road is restricted by condition (97/0026 conditions 5 & 6) as a result of a noise assessment commissioned by Wetherspoons in 1997.

The comments from Environmental Protection indicate that the premises have been the subject of complaints from residents, hoteliers and their guests and it is felt that the additional noise generated by a beer garden (such as the clatter from bottles, glasses, eating utensils, crockery and the movement of furniture, together with cleaning up at the end of the evening) and odours from smoking, could have a significant additional impact on residential amenity. In response to this concern the applicant has suggested a restriction on the usage to between 9 am and 7pm. The fact that this would eliminate evening and late evening activity is considered a benefit in terms of the intended use of the yard area. However, the suggested layout plan would offer the potential for some 36 people to be the yard area. This number of people could generate a significant amount of noise in an area hemmed in by the rear elevations of properties to the north and south. It does not appear that there is anything else the applicant could do to mitigate any impact.

The proposed reduced hours of usage and the lack of an objection from the Police are significant changes to the previously refused scheme but mindful of the particular circumstances in this case it is felt that the only way to fully assess the impact of the usage would be to grant a temporary permission. It is considered that this temporary period should be to the end of the Illuminations (i.e. until 8 November 2009). This would give the rest of this season to assess the impact.


None relevant


Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property. However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedoms of others. In this instance it is felt that those rights to privacy and quiet will be compromised by this proposal.



Crime and Disorder Act 1998


Wetherspoon dismissed appeal decisions:

APP/J4423/A/07/2046741 The Swim Inn, Glossop Road, Sheffield

APP/P4605/A/07/2043511 The Hornet, Alum Rock Road, Birmingham

APP/P4605/A/06/2028899 The Pear Tree PH, Kings Heath, Birmingham

APP/Q3305/A/07/2039732 The Lantokay, High Street, Street

APP/D5120/A/06/2022596 Lloyds No.1 Bar, Mayplace Road West, Bexleyheath

APP/Q5300/A/06/2017988 The Moon under Water, Chase Side, Enfield

APP/Z0116/A/07/2038205 The Berkeley PH, Queens Road, Bristol



1. The temporary variation of condition 2 on planning permission 97/0373 hereby permitted shall be discontinued on or before 8 November 2009.

Reason: To enable the Local Planning Authority to assess the usage of the rear yard area and its impact on the amenities of residents and hotel guests in the area in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.

2. The use of the yard area by customers for eating/drinking and smoking shall only take place between the hours of 0900 hours and 1915 hours on any day.

Reason: To safeguard the living conditions of the occupants of nearby residential and hotel premises, in accordance with Policy BH3 of the Blackpool Local Plan

2001-2016.

3. The tables and chairs shown on drawing no. AL01 (dated March 2009) shall be permanently fixed to the ground.

Reason; To safeguard the amenities of the occupants of nearby residential and hotel premises in accordance with Policy BH3 of the Local Plan 2001-2016.

4. With the exception of the hours of usage of the yard area, which is covered by condition 2 of this temporary permission, the yard area shall be managed in accordance with the details set out in the letter dated 29 September 2009 from JD

Wetherspoon to the local residents.

Reason; To safeguard the amenities of the occupants of nearby residential and hotel premises in accordance with Policy BH3 of the Local Plan 2001-2016.


1 The temporary variation of the condition has been considered in relation to Policies

BH3, LQ1 and LQ14 of the Blackpool Local Plan 2001 - 2016 and has had regard to those policies and other material considerations.


1. Please note this approval relates specifically to the details indicated on the approved plans and documents, and to the requirement to satisfy all conditions of the approval. Any variation from this approval needs to be agreed in writing by the

Local Planning Authority prior to works commencing and may require the submission of a revised application. Any works carried out without such written agreement or approval would render the development as unauthorised and liable to legal proceedings.



WARD:

DATE REGISTERED:


Layton

24/03/09

Mixed use industrial improvement zone


APPLICANT: Fox Bros

PROPOSAL: Erection of workshop and warehouse units (Class B1 and B8 uses) with associated access, servicing and car parking (outline proposal).

LOCATION: LAND ADJACENT 1 HOO HILL LANE, BLACKPOOL, FY3 7HL

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This is an outline planning application involving approximately 2350sqm of land bounded by

Hoo Hill Industrial Estate, 1 Hoo Hill Lane and 17 Bispham Road on the northern side of Hoo

Hill Road. The site is allocated Mixed Use Industrial zone (DE3) in the adopted Blackpool

Local Plan 2001-2016.

The site is partly bounded by 2m high fencing and make-shift fencing and is overgrown and in a poor state. There is a caravan on the site which doesn't appear to be inhabited.

There are quite a few trees on the site and a number of densely packed bushes and shrubs, particularly along the north, south and west boundaries.

The neighbouring Hoo Hill Industrial Estate measures 1.12 hectares (11,200 square metres) and currently consists of three main buildings sub-divided into various industrial and business uses. One of these buildings, the old kiln, was destroyed by fire in 2008 and remains in a burnt out and derelict condition. The existing floorspace on the Estate is approximately 4,313 sqm.

The existing industrial units are of various sizes and quality, and a number of the smaller, lower quality units appear at present to be vacant.

There are residential boundaries to the north, south and east of the site and the access to the land is off Hoo Hill Lane (via Bispham Road) which is 5.35 m wide and forms one of two vehicular accesses to Hoo Hill Industrial Estate, the other is to the west of the Estate at the end of Leaford Avenue.

Many of the residential properties back on to Hoo Hill Lane from Cannock Avenue include garages and take vehicular access from Hoo Hill Lane. Hoo Hill Lane itself does not include a footpath and is in a poor state of repair.


The submission seeks approval for the access, appearance, layout and scale of a new building with 880sqm of Class B1 (light industrial) and Class B8 (warehousing) floorspace.

The single storey industrial building is separated into 8 units with associated facilities. The building would be positioned along the west boundary adjoining the existing Hoo Hill Industrial

Estate.

All trees and shrubs would be removed and the site cleared as part of the proposal.

Landscaping is not subject to this application and would be dealt with by a reserved matters application should this application be approved.

The application would result in the floorspace available on Hoo Hill Estate increasing from

4,313sqm to 5,193sqm and the site area increasing from 11,200sqm to 13,550sqm.

The proposed warehouse would be divided into 8 individual units and each unit would have its own service area and car parking space. 13 additional spaces and 2 disabled spaces are provided giving an on site provision of 23 parking spaces.

The building would be 7.1m tall along the rear side boundary with 17 Bispham Road and along the western boundary with the existing Industrial Estate. At its southern end the building would be 6.5m tall.

The proposal includes a cycle storage area. No refuse storage area is identified.


Principle of development

Access and parking

Appearance

Impact of residential amenity

Refuse Storage

Sustainability

CONSULTATIONS

Head of Transportation

The application lacks information such as evidence that servicing and access can be integrated from within the existing Industrial Estate rather than from Bispham Road. The application does not state the number and size of lorries that would service the development.

The application is likely to generate an additional 16 peak hour vehicle movements from a total forecast generation of committed development of 82 peak hour movements.

A standard industrial estate road width is 7.3m. Hoo Hill Lane is 5.35m wide which in an inadequate width for two lorries to pass in a satisfactory manner. The road is unadopted and appears to be of concrete construction, recently overlain by tarmac to a width of 3.35m. It is of variable construction with no kerb or edge restraint and there are no continuous pedestrian facilities for users of the estate. Ownership of the full width is uncertain. Hoo Hill Lane is of insufficient width and construction to accommodate the volume of traffic, to the detriment of pedestrians and other drivers.

The turning area on the diagram is inadequate for rigid or articulated vehicles which would not be able to turn within the site and the reversing of these vehicles would be detrimental to the safety of pedestrians and other drivers.

The suggestion is for a less intense development which is integrated into the existing industrial estate with Hoo Hill Lane improved in construction, width, lighting and adequate pedestrian access.

Environmental Protection no comments have been made at the time of writing.

Sustainability Manager suggested that the full length of the eastern boundary with 1 Hoo Hill

Lane is planted with a suitable native shrub mix to provide a habitat link from the railway and beyond to the rear gardens on the opposite side of the road. It is unlikely that there are any scheduled species present but bats may use the site for feeding from roosts over 1km away.

Architectural Liaison Officer (Police) has recommended that the should the application be granted planning permission, that the development should be built to Secured by Design standards, including the installation of CCTV for all areas and parking facilities. Consideration should be given to Crime Prevention through Environmental Design which related to the layout and landscape features of the development.


Neighbours were notified 25/03/2009

Site notices displayed 25/03/2009

Objections have been received from 4, 6, 8, 14 and 16 Cannock Avenue and 11, 17 and 24

Bispham Road.

The objections relate to;



The development creating excessive noise and pollution from the extra traffic;



Vibration from Hoo Hill Lane as traffic passes which is already an issue;



The warehouse units would spoil the outlook across the site;



Road safety issues due to increased traffic;



Concerns regarding weekend, early morning and late night activities on the site and noise;



Hoo Hill Lane needs improving;



Inadequate service and car parking facilities will be detrimental to the locality;



Driveways often blocked by people visiting the existing industrial estate and this development will exacerbate the problem;



Loss of light to rear garden (17 Bispham Road);



The development would be intrusive due to its proximity to residential houses;



There are vacant units on Hoo Hill Industrial Estate so there is no need for more;



Concerns regarding the number of fires at Hoo Hill Industrial Estate which have resulted in evacuation of residential properties;



Hoo Hill Industrial Estate attracts antisocial behaviour and the new development would exacerbate the problem;



The development would reduce quality of life;



The development would reduce the market value and saleability of residential property.

NEARBY APPEALS

None relevant.


Policy W3 Supply of Employment Land

Policy RT4 Management of the Highway Network

Policy RT9 Walking and Cycling


LQ1 Lifting the Quality of Design

LQ4 Building Design

LQ6 Landscape Design and Biodiversity

LQ8 Energy ad Resource Conservation

BH3 Residential and Visitor Amenity

BH4 Public Health and Safety

DE3 Mixed Use Industrial Zones

AS1 General Development Requirements

ASSESSMENT


The application site is located in the Mixed Use Industrial Improvement Zone which encourages future co-ordinated regeneration and improvements of the estate.

Policy DE3 allocates the site as part of the wider Hoo Hill Estate industrial improvement zone.

The supporting text of DE3 states redevelopment will only be permitted as part of a coordinated plan to assist delivery of wider improvements to the layout, environment and efficiency of the estate.

The principle of warehousing and light industrial uses on this site is acceptable. However, this proposal constitutes piecemeal development which will not improve the existing estate, a significant part of which is unused and derelict following a fire in 2008 and many units are vacant and in poor repair. The proposal would increase uses which would have an adverse effect on neighbouring amenities and would detrimentally impact traffic management and circulation in and around the estate.

This development would therefore be contrary to the aims and provisions of Policy DE3.

Access and parking

The Design and Access Statement makes reference to vehicle access arrangements to the site from the existing industrial estate, suggesting that the site and Hoo Hill Lane would not be accessed from Bispham Road, but from Leaford Avenue. There is no indication on the plans as to where the access would come from as the red edge surrounds the site only. As Hoo Hill

Lane accessed from Bispham Road is adjacent to the site, it is reasonable to assume that this will be the primary access. Should the primary access be taken from Leaford Avenue, the site outlined in red should be extended to include the existing Industrial Estate and Leaford

Avenue. Residents of Leaford Avenue would then be consulted. As the application is outline

and includes access, it is felt that not enough information or consideration by the applicant has been given in this instance.

Hoo Hill Lane is too narrow to allow two large vehicles to pass safely and the onsite provision for turning a large vehicle is inadequate. Additional traffic along Hoo Hill Lane will increase the likelihood of noise and vibration and the application does not include relevant improvements to

Hoo Hill Lane to provide safe access and mitigate against noise and vibration at nearby residential properties.

The plans show a new footpath within the site however no provision for pedestrians to safely access the new footpath from Bispham Road via Hoo Hill Lane are proposed or indicated.

The level of parking within the site meets car parking standards, although the layout is poor and the space to the south of the building does not appear to be useable.

The application states a 2m high close boarded fence is to be erected to the north of the site but the extent of the fencing along other boundaries has not been made clear, or how the site will be made secure when the units aren't operating.

Notwithstanding the lack of information provided, the application is considered contrary to AS1 and BH4.

Appearance and impact on residential amenity

The building is standard in appearance, green profile metal cladding and 8 4.4m tall roller shutter doors and a pitched roof. The building may be acceptable in terms of design with adequate screening. No windows or roof lights are proposed or shown on the plans.

The proposed warehouses are positioned up to the boundary with a residential property to the north (17 Bispham Road) and within 9m of residential boundaries to the south which is considered detrimental to residential amenity in terms of outlook. The increased traffic along

Hoo Hill Lane will be detrimental to highway safety in general and in terms of access to and from residential garages accessed from Hoo Hill Lane. Additional traffic along Hoo Hill Lane will increase the likelihood of noise and vibration and the application does not include relevant improvements to Hoo Hill Lane to provide safe access and mitigate against noise and vibration at nearby residential properties.

The proposal is therefore considered contrary to LQ1, BH3 and BH4.

Refuse Storage

There are no refuse storage facilities shown in the application, although there is room on site to provide it.

Sustainability

The scheme shows no windows or roof lights on the warehouse to allow natural light and minimise the reliance of fossil fuels to illuminate the building.

The proposal also involves the removal of all established trees and shrubs which currently form a wildlife corridor from the railway line to nearby gardens.

Other issues

It is agreed that there are vacant units on Hoo Hill Industrial Estate and that the piece of land subject to this application would be better incorporated into a comprehensive improvement scheme for the whole estate including access roads and providing dedicated parking and refuse areas.

Should this or any subsequent application be approved, the units would have to meet the current building regulations (part B vol 2) with regards to fire safety. With regards to anti-social behaviour, the Architectural Liaison Officer from Lancashire Constabulary has recommended that the scheme meets Secured by Design standards, including the installation of CCTV for all areas and parking facilities.

The market value or saleability of private property is not a material planning consideration.



Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property. However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedoms of others.

This application does not breach a Human Right.




Recommended Decision: Refuse

Reasons for Refusal

1. The proposal constitutes piecemeal development which will not assist delivery of wider improvements to the layout, environment and efficient use of the existing industrial estate. The proposal would increase uses which would have an adverse effect on neighbouring amenities and would have a detrimental impact on traffic management and circulation in and around the estate.

This development would therefore be contrary to the aims and provisions of Policy

DE3 of the Blackpool Local Plan 2001-2016.

2. Notwithstanding the lack of information provided, the means of access and site layout of the proposed development would be significantly detrimental to highway safety and residential amenity by virtue of the poor condition and width of Hoo Hill

Lane, proximity to residential garages, inability for all vehicles likely to access the site to turn around and leave the site in forward gear and lack of safe pedestrian access.

The proposal is therefore also contrary to Policy AS1 and BH4 of the Blackpool

Local Plan 2001 - 2016.

3. The proposed development would have a significantly detrimental impact on the residential amenities of the adjoining occupants at 17 Bispham Road, 1 Hoo Hill

Lane and residents on Cannock Avenue by virtue of its size, close proximity of the building to the boundary and open aspect of the site resulting in visual intrusion and loss of outlook, detrimental to residential and visual amenity.

The proposal is therefore also contrary to Policies LQ1, LQ14 and BH3 of the



Not applicable



WARD:

DATE REGISTERED:


Talbot

28/02/09

Central Promenade and Seafront

Full Planning Permission APPLICATION TYPE:

APPLICANT: ReBlackpool URC

PROPOSAL: Development of Tower Headland scheme comprising; surface treatment and finishes including installation of a "Comedy Carpet", street furniture,

LOCATION: sculptures and windbreak and lighting installations.

PROMENADE WEST OF TRAM TRACKS BETWEEN TALBOT SQUARE

AND ADELAIDE STREET

-------------------------------------------------------------------------------------------------------------------------


The application relates to a 430m length/17,000sqm area of the Promenade sea front, west of the tram tracks between Adelaide Street and the North Pier. The site is opposite a number of landmark buildings including the Palace Buildings, the former Pricebusters building, Blackpool

Tower, the former Woolworths Buildings, Burtons Building, Roberts Oyster Bar, the Clifton

Hotel and North Pier. Previously approved works are currently taking place along the

Promenade to create a new coastal defence.

Committee will have visited the site on 18th May 2009.


Outline permission was granted for 3.3km of coastal defence works between the Sandcastle and Cocker Square under application reference 04/0266. Full permission has subsequently been granted for various sections of the coastal defence works under references 06/0081,

06/0703, 07/0314 (amended by 08/0901) and 07/0859. Outline permission was granted for the development of People’s Playground between the Sandcastle and North Pier under application reference 07/0600.

The current proposal is for the development of the Tower Festival Headland and the associated Promenade approaches. The Tower Festival Headland is to be one of six new headlands along the new Promenade and is the first to be developed. The Tower Headland is the largest and forms the focal headland which connects the seafront and Town Centre.

The main focus of the Headland is a place of entertainment and provides for a wide range of events on different scales. This requires an open flat space centrally located within the headland, at the heart of which will be a Comedy Carpet, a large scale floorscape design that connects the front entrance of the Tower Building with the Headland. The space, including the

Comedy Carpet, is large enough to accommodate temporary stages, marquees as well as the necessary supporting infrastructure and back of house facilities.

The scheme includes a demountable wind break system which will provide shelter to all of the

Headland space or sections of it for smaller events. The wind breaks and other equipment

associated with the Headland will be stored in an undercroft. The wind break system involves a series of tensioned fabric panels mounted between windbreak masts, which double as lighting columns or banner mounts.

Features within the headland include 5 x 30m tall blades of 'dune grass' towards the north of the Headland, which will sway up to 22m in the wind and will be illuminated by high intensity

LEDs set into the heads of the grass. A series of bumps or dune formations ranging from 0.4m to 2m in diameter are proposed at either end of the site and it is anticipated that groups of

'dune grass' within dunescape bumps will feature regularly along the new promenade. The

Tower Festival Headland would have the least dunescape in recognition of its role in hosting events opposite the Tower.

It is proposed to include semi-permanent seating around the Comedy Carpet which can be moved (by machine) for larger events, various sized pebble seating, double sided lounger seats and low seating walls will be provided around the site.

There are various lighting columns within the site providing both standard street lighting, directional spot lighting, moving head projectors and lighting bollards.

Planting of predominantly native plants which thrive in the harsh marine environment is proposed at the north and south of the site adjacent to the tram way.

The scheme also includes cycle parking, safety and directional signage, refuse bins and lifebuoys.

Within the site edged red, space has been left for a new building which will have public conveniences, a cafe, a Registrars office and storage. It is anticipated that this will form a separate application at a later date.


The main planning issues in this case relate to;


Design of the scheme

Access to the Headland

Visual impact of the proposals in general and in terms of the impact on the Tower (Grade 1

Listed Building), The Clifton Hotel (Grade 2 Listed Building), North Pier (Grade 2 Listed

Building) and the Town Centre Conservation Area.

CONSULTATIONS

Blackpool Transport expressed concerns that it was not clear whether the proposals are in line with the Promenade Movement Strategy and Tramway Upgrade plans. Blackpool Transport state it is vital that safe crossing are provided for pedestrians and that the tramway should remain open during large public events and that frequent closures of the upgraded tramway for events would undermine the use of the new system and its economies. Blackpool

Transport also state that the proposal does not show the revised tram stops and bus stops agreed in the Promenade Movement Strategy and Tramway Upgrade bid and that in reducing

four lanes of road to two, there is no indication that these will be used in line with the Council's agreed "Promenade Movement Strategy."

United Utilities confirm the need to relocate the vent stacks which allow the emission of air from the underground tunnel system when the tunnel system fills with storm water. United

Utilities also point out that there are manhole covers on the site which cannot be relocated and should be accommodated within the scheme.

Head of Transportation has stressed the importance that the highway in front of the Tower

Festival Headland and the alternative routes for all traffic are carefully managed when the area is in use for events. The Head of Transportation requests that a scheme of works to remodel the Promenade highway between Talbot Square and New Bonny Street shall be agreed and implemented within 18 months of opening the events space and that proposals for the ongoing management of this section of highway and alternative routes for all traffic are to be agreed with the Head of Transportation prior to the event space being brought into use.

English Heritage would wish to see a resolution to the relocation of the Siamese shelters prior to this application being determined. English Heritage would like an alternative location and timetable for reinstatement of the shelters to be approved prior to the granting of planning permission for redevelopment over these sites.

English Heritage have expressed concern as to how the contemporary designs in the scheme will integrate with the more traditional heritage approach around the Town Centre

Conservation Area and advise that the soft landscaping and Dunes warrant further consideration.

Overall, English Heritage are in support of the application subject to the issues surrounding the Siamese shelters being addressed.

The Victorian Society have made no comments at the time of writing.

The Blackpool Civic Trust have made no comments at the time of writing.

Concerns are addressed in the Assessment section of this report.


Neighbours notified - 01/04/09

Site Notices displayed - 05/03/09

Gazette Notice published - 13/03/09

No representations have been made following the public notification.

NEARBY APPEALS

None relevant


Policy DP 7 Promote Environmental Quality

Policy RDF 3 The Coast

Policy W 6 Tourism and the Visitor Economy

Policy W 7 Principles for Tourism Development

Policy RT 9 Walking and Cycling


RR1 Visitor Attractions

RR7 Promenade Frontages Within the Resort Core

RR11 Central Promenade and Seafront

LQ1 Lifting Quality

LQ5 Public Realm Design

LQ7 Strategic Views (seafront, the Tower, North Pier).

LQ9 Listed Buildings (the Tower, Clifton Hotel, North Pier)

LQ10 Conservation Areas (Town Centre)

BH3 Residential and Visitor Amenity

AS1 General Development Requirements

AS3 Provision for Walking and Cycling.

ASSESSMENT

Principle

In general terms, the principle of the development is in accordance with Regional Spatial

Strategy and Local Plan Policies RR1, RR7 and RR11 which encourages the comprehensive improvement and management of the area for active leisure. Outline permission for the scheme was granted planning permission under application reference 07/0600.

Design

The Tower Festival Headland will be a large public events area and, as a result, the design challenge is to create a space that allows for such events whilst also being a visually interesting part of the new Promenade at other times.

English Heritage are reasonably satisfied that the structures and landscape features on the headland will be slender, light by design and well spaced so as not to effect views from or of the Tower and seafront as long as the fabric panels are removed when the space is not in use for events.

ReBlackpool has stated that the scheme has evolved from an in-depth design and consultation process and is an evolution of the scheme granted outline planning permission under reference 07/0600. It is considered that the submitted scheme represents a good mix of design and expression and functionality and ReBlackpool have requested that the application be determined in the submitted form.

Access

Policies AS1 and AS3 are concerned with such issues as accessibility, travel and highway safety and the upgrading and safeguarding of pedestrian, cycle and light rail (tramway) networks.

In response to the comments made by the Head of Transportation and Blackpool Transport, the Transport Assessment submitted indicates that the proposal is consistent with the Local

Transport Plan and that the scheme has been designed in conjunction with the Promenade

Movement Strategy and does not vary from it. The application states that all highway works are indicative only and indicative bus and tram stops are shown in the Design and Access

Statement. The road layout, tramway, bus and tram stops do not form part of this application, are not within the site edged red and are subject to other statutory procedures.

The site can be accessed by vehicular traffic across reinforced crossing points along the tramway, although the vehicular crossings would not be for general public use.

The proposal encourages walking and cycling and along with upgrades to the tramway, contributes to sustainable non-car travel within the town. Promenade improvements to widen the pavement and the introduction of dedicated pedestrian crossing points will make the

Headland more accessible to pedestrians and are DDA compliant.

The scheme includes cycle stands to the north and south of the Headland and links into Route

62 of the National Cycle Network (NCN62) at its northern point.

Public transport in the form of buses and trams stop along the Promenade adjacent to the site and the Headland is approximately 650m away from Blackpool North Train Station.

Visual Impact

Policies LQ1, LQ4, LQ5, LQ7, LQ9, LQ10 and BH3 are collectively concerned with design and appearance issues and require a form of development which raises the quality of the built environment. The works proposed will add value to the Promenade offer by creating an area of interest outside the Tower and creating an events space; and will be evidently more attractive than the previous hard, engineered surface. In this respect, the works will also enhance the setting of the Tower (a Grade 1 Listed Building) the Clifton Hotel and North Pier

(both Grade II Listed Buildings) and the Town Centre Conservation Area and therefore accord with Policies LQ9 and LQ10 of the Local Plan respectively.

With regard to the listed Siamese shelters, planning permission 06/0206 and listed building consent 06/0080 was granted by the Council to relocate these along the Promenade as their removal was required in connection with the sea defence works. Condition 3 of that permission required that "prior to the re-erection of the shelters, precise details of their locations, foundations, plinth, hard landscaping context and the timing of their re-erection shall be submitted to and approved by the Local Planning Authority. The shelters shall then be reerected in accordance with the agreed scheme". The structures are currently in storage and will be reinstated once Promenade reconstruction is complete; details have yet to be finalised for their location as part of the overall project.

The design aims for minimum resource use and materials which have a long lifespan in the harsh marine environment whilst also providing a quality environment which can be maintained affordably.

Other

ReBlackpool intend to continue dialogue with United Utilities with regards to the exact location of the essential apparatus relating to the Fylde Tunnel system. The vents will remain in line with the tram catenaries, outside of the main Headland space and have been designed to minimise any potential visual impact. Other concerns United Utilities have raised do not relate to this site or this application, although ReBlackpool are working closely with United Utilities and other agencies to ensure the development of the other headlands.

Talks are ongoing between the Council, ReBlackpool and English Heritage with regards to the location and context of the Siamese shelters and a timescale for their re-erection.


None are proposed.



It is not considered that this application breaches any Human Rights.






1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country

Planning Act 1990 (as amended).

2. The wind breaking fabric panels shall only be erected during organised events.

When the headland is not in use to host such events, the wind breaking fabric panels shall be removed.

Reason: To safeguard strategic views of Blackpool Tower, the seafront and the

North Pier in accordance with Policies LQ7 and LQ9 of the Blackpool Local Plan

1

2001-2016.


The scheme proposed has been considered in relation to Policies RR1, RR7, RR11,

LQ1, LQ5, LQ7, LQ9, LQ10, BH3, AS1 and AS3 of the Blackpool Local Plan 2001 -

2016 and is in accordance with those policies and there are no other material considerations which weigh sufficiently against the proposal such as to warrant refusal.


1. Please note this approval relates specifically to the details indicated on the approved plans and documents, and to the requirement to satisfy all conditions of the approval. Any variation from this approval need to be agreed in writing by the




WARD:

DATE REGISTERED:


Waterloo

03/03/09

Resort Neighbourhood


APPLICANT: Palm Beach Hotel

PROPOSAL: Erection of 120 bedroom hotel of between two and eleven storeys in height, including health club/spa, pool/gym and penthouse flat, with

LOCATION: associated car parking at basement and ground level and servicing.

595-601 NEW SOUTH PROMENADE & 2 WIMBOURNE PLACE,

BLACKPOOL, FY4 1NG

-------------------------------------------------------------------------------------------------------------------------

INTRODUCTION

Bourne Crescent fronts onto New South Promenade, from Burlington Road West in the north to Harrowside West in the south and is bisected by Wimborne Place. The present application site involves approximately one quarter of the Crescent (see appendix), immediately south of

Wimborne Place.

Members will recall that planning permission was refused last year for the remaining three quarters of this crescent to be redeveloped (application number 08/0095 "Erection of six new buildings rising to between 11 and 13 storeys in height, comprising 300 new dwellings and holiday accommodation together with 2 restaurant/cafe uses and associated car parking, servicing and landscaping" refers). In principle it was felt that taller buildings could be introduced successfully into this location, however the scheme was refused for the following reasons:

1 The proposed tower blocks would have a significantly detrimental impact on the residential amenities of the residential occupants on Clifton Drive by virtue of their scale, massing and spacing in close proximity to each other and those residential properties; resulting in an overbearing impact and visual intrusion and would therefore be contrary to Policies LQ4 and BH3 of the Blackpool Local Plan 2001-

2016.

2 The proposal fails to demonstrate a comprehensive approach to the development of the Crescent in this prominent location and hence would be likely to result in a piecemeal development, to the significant detriment of the streetscene, contrary to

Policies LQ1 and LQ4 of the Blackpool Local Plan 2001 - 2016.

3 The submitted Transport Assessment is inadequate to fully assess the impact of the development on the surrounding road network. In addition, the access, parking and servicing arrangements, and off-site works are considered inadequate to support a development of this size. As such, the proposal would adversely impact on accessibility and highway safety, contrary to Policies AS1 and AS2 of the Blackpool

Local Plan 2001 - 2016.

4 The level of Public Open Space is not considered adequate to meet the needs of the proposed residents, the proposal would therefore be contrary to Policy BH10 of the


5 There is no off-site social housing provision proposed to meet the need of Blackpool residents, the proposal would therefore be contrary to Policy HN8 of the Blackpool

Local Plan 2001-2016.

Since then, officers have been involved in extensive discussions with that applicant to take on board Committee's concerns with the refused scheme and I anticipate that planning applications will be resubmitted soon for those proposals. The present application involves properties that were excluded from the site of the refused application, and follows extensive pre-application discussions with the owners and their representatives, aimed at overcoming the issues that led to the refusal of the application for the adjacent properties.


This 0.3 hectare site is located to the south of Blackpool Pleasure Beach and consists of two hotels: Palm Beach Hotel and Bourne Hotel. Bourne Crescent comprises holiday accommodation premises and was built around 1920/1930 in a uniform terraced arc, set back behind a service road, to the front of which is a walled area of Public Open Space directly on the Promenade frontage. To the rear of the existing hotels is a service road which links

Burlington Road West to Harrowside West and to the east, across the service road, are houses and flats fronting onto Clifton Drive.

The Committee will have visited the site on 18th May 2009


The submitted proposal is in outline form with matters relating to access, layout and scale to be approved at this stage; appearance and landscaping are reserved for future consideration.

The proposal comprises demolition of the existing hotel buildings (comprising 110 guest bedrooms) within the application site and redevelopment with a 120 guest bedroom, 4* plus hotel. The frontage to the Promenade is approximately 60 metres long, with a return frontage of about 40 metres to Wimborne Place. The building would be arranged over a ground and 10 upper levels in an "L" shape along Bourne Crescent and returning down Wimborne Place. The hotel public areas and service accommodation are located at ground and first floor levels; at ground floor the accommodation comprises visitor reception, pool and spa (open to guests and members) and the back of house facilities; the first floor comprises restaurant and bar space, kitchens, a library and events facility. The remaining space at ground level is occupied by garages (not part of the application site) and the proposed parking on two levels. Levels 2 -

8 in the building comprise 120 guest bedrooms and above that on levels 9 -10 is a duplex penthouse with 360 degree views. The hotel bedrooms are also in an L shape which diminish with height and are stepped back from the lower two floors at the rear to provide a roof terrace at level 3. The highest part of the development is on the corner junction of Bourne Crescent and Wimborne Place and is the penthouse duplex at a maximum height of approximately 36 metres above ground level. The form of the development slopes down towards the south and east away from the Promenade.

A palette of modern materials such as glass is proposed and the scheme will include a lighting strategy, but as appearance is not for consideration, these details are only indicative at this stage.

The total parking on site would amount to 51 cars (including 10% disability spaces) with 11 spaces on the area of Public Open Space (POS) immediately in front of the hotel (which is outside the application site), 6 spaces at ground level at the rear of the site and the remainder in a two storey car park. Provision has also been made for 5 motorcycles, and 15 secure cycle spaces, with potential for additional provision if needed. This compares with an existing provision of 25 car parking spaces and 5 motorcycle spaces. The majority of the servicing and refuse collection would take place from the rear service road to the east, behind Clifton Drive properties, together with the main vehicular access to the site although there is proposed a drop-off facility for guests at the front of the site.

The application indicates that the existing POS to the front would be upgraded through hard and soft landscaping, planting, street furniture and lighting however the POS is outside the application site and not in the applicants control. We are seeking to pursue proposals for the

POS in the long-term with the Assistant Director of Leisure Services and Members will be updated on progress at, or prior to the meeting.

The proposal is supported by a Design & Access Statement which includes a development framework for the crescent as a whole (to show how this proposal would sit in context with various stages of redevelopment of the crescent), a Flood Risk Assessment, a Transport

Statement and Accessibility Questionnaire.


The key issues relate to the principle o f the development in terms of Local Plan ‘resort’ policies RR2 and RR8; design policies LQ1, LQ2, LQ3 and LQ4; and accessibility policies AS1 and AS2.

Key specific issues relate to:



principle of the proposal



comprehensive redevelopment of the site



scale and impact on residential amenity



traffic/transportation issues

CONSULTATIONS

Head of Transportation (Traffic Management): makes detailed comments on the transport assessment regarding trip generation and the impact on the highway network; the adequacy of the parking; and includes a requirement for: a) Works within the highway - both bus stops and both tram stops outside the development will need to be upgraded. b) Cycle provision within the site. c) A Framework Travel Plan.

NATS (Safeguarding): No objections.

Blackpool International Airport (Safeguarding): Specify conditions restricting height of development to not more than 53.52 metres AOD; and, 28 days notice to be given to the airport if any cranes to be used.

Environment Agency: No objection. The site is in Flood Zone 1 (low probability) however due to the proximity to the sea, the Agency considers that basement parking is carefully managed if threatened by flooding and recommends a condition be imposed with regard to this and to a surface water drainage scheme. The Agency also recommends the use of SUDS approach to

surface water disposal and suggest the developer considers water management (including grey water); sustainable forms of construction; and, energy efficient buildings.

Asst Director Neighbourhoods & Communities (Environmental Protection): Views awaited.

Streetscene Inspection & Enforcement Manager: Specifies the size/amount of bins, and storage not to be on the public highway.

ReBlackpool: take the view that it is crucially important that successful local entrepreneurs are not lost and that the Council and ReBlackpool work with them to realise those development schemes that will lift quality in the resort product and change visitors ’ perceptions of the place.

ReBlackpool is firmly of the view that this scheme fits that category. They feel that the design framework which visualises how the remainder of the crescent could be developed is a very relevant approach and are aware that others in the locality are in the process of preparing redevelopment proposals which also conform to this framework and are considerably advanced. ReBlackpool welcomes this wider interest and co-ordinated approach to development.

United Utilities Plc (Electricity): No response

United Utilities Plc (Water): No objection subject to no increased foul flow rates before spring

2011 on completion of the upgrade to Fleetwood Waste Water Treatment Works. They also ask for no increase in impermeable surfaces in order to assist with surface water drainage and a demonstration that surface water run-off rates will be no greater than at present.

Head of Strategic Asset & Estate Management: No response

Police Crime Prevention Officer: Considers that this type of development creates multiple targets for property crime of both theft and damage, which will have a substantial bearing on the types of security required to maintain a sustainable development. Recommends a number of measures with regard to Secured by Design principles.


Neighbours notified: 09/03/2009

Site Notices posted: 17/03/2009

Advertised in Gazette: 13/03/2009

Objections received from:

Councillor Ian Fowler.

24, 34, 36, 50, 50A, 54a, Flat 4 Arundel Court (60), 66B, 67, and 91 Clifton Drive; 603-609

New South Promenade.

In summary, objections relate to:



focus should be on badly deprived areas, which have a greater need for regeneration.



too high, an 11 storey building would dwarf the area.



loss of outlook, overdominant.



design out of keeping with the character of the area, eyesore, outlandish.



adverse traffic impact on local road network and existing parking problems (particularly during the holiday season). 50 parking spaces for 120 guest bedrooms would exacerbate the problem.



increased use of the service lane would hinder access to residents garages, the lane is unadopted and narrow.



overshadowing of Clifton Drive properties.



loss of privacy.



adversely affect existing holiday trade, no more hotel beds needed.



currently peaceful area, proposal will generate noise.

Other matters raised but not relevant to the planning considerations are:



disruption during construction



pile driving/subsidence



devaluation



previous application was refused

Individual letters are available for members to view and issues raised are addressed in the assessment section below.

NEARBY APPEALS

Not relevant


Policy RDF1 sets out the main development locations within the Region, development is concentrated on regional towns and cities, including Blackpool.

Policy DP1 Spatial Principles promotes sustainable locations for development, making the best use of resources and infrastructure, promoting environmental quality and increasing accessibility.

DP4 Make the best use of existing resources and infrastructure promotes a sequential approach i.e. firstly reusing buildings (and conversions) and previously developed land.

RDF3 The Coast, supports improving the image of coastal resorts to attract inward investment and tourism.

Policy W6 Tourism and the Visitor Economy focuses on the regeneration of Blackpool as an

International Tourism Destination

W7 Principles for Tourism Development promotes high quality, environmentally sensitive, welldesigned tourist attractions, infrastructure and hospitality services.

Policy RT2 Managing Travel Demand


RR2 - Visitor Accommodation

RR8 - Resort Neighbourhoods

LQ1 - Lifting the quality of design

LQ2 - site context

LQ3 - Layout of streets and spaces

LQ4 - Building Design

LQ8- Energy and Resource Conservation

BH3 - Residential & Visitor Amenity

BH5 - Protection of Public Open Space

BH17 - Restaurants, Cafes, Public Houses and Hot Food Take-Aways

NE10 - Flood Risk (Flood Zone 1)

AS1- General Development Requirements

AS2 - New Development with significant Transport Implications

AS5 - Traffic Management

AS7 - Aerodrome Safeguarding

PO1 - Planning Obligations

ASSESSMENT

Principle of the Proposal

The existing properties here have no particular merit to justify their retention. It is a key strategy of the Local Plan to promote redevelopment and change where it is most needed and, specifically, to raise the quality of Blackpool’s holiday accommodation. Replacement of existing holiday accommodation with a higher quality offer is in principle fully in accordance with Policy RR2.

The introduction of relatively tall buildings in this location is to be welcomed in principle as it shows a level of investment and confidence in the area. A report produced by CABE and

English Heritage in 2003 "Shifting Sands - Design and the changing image of English Seaside

Towns" points to the need for change and looks at a number of ways in which seaside resorts are developing, changing or reinventing themselves. It also looks at the positive role that new high quality buildings and open spaces that make the most of their seaside context can have in these changes. Successful regeneration often on a single project can provide an incentive to other developments.

Comprehensive Redevelopment

The current proposal is only for the Palm Beach and Bourne Hotels, the rest of Bourne

Crescent is excluded. However the Design & Access statement includes an illustrative comprehensive design framework for the whole crescent and gives confidence that a comprehensive redevelopment of what is currently a uniform crescent of premises can be accommodated. The framework shows that the scheme would sit comfortably within the streetscape at all stages of redevelopment of the crescent. The framework scheme proposes

'landmark' buildings adjacent to South Shore Gateway and is a dramatic architectural statement to improve the quality of the built environment.

As indicated in the introduction, outline applications for redevelopment of another two quarters of the crescent are expected to be submitted in the near future.

Scale and Impact on Residential Amenity

The introduction of taller buildings on the Promenade is considered appropriate in line with

Policy LQ4, if regeneration is to occur successfully. Taller buildings can successfully be accommodated within town centres and areas where the general form of development is more varied. In this particular instance the surrounding development is mainly of three storey hotels to the sides and two storey residential properties to the rear. The current scheme is considered appropriate in scale to the Promenade location, with its raked design resulting in a development of similar height at the shared boundary with the adjacent hotel to the south.

The proposal is separated from the hotel to the north by Wimborne Place and hence is an appropriate junction to concentrate the height.

The main issue with the proposal is with regard to the impact on residential neighbours to the rear (east) in terms of any significant loss of light, loss of privacy and overdominance. With regard to the general massing of the development, the top of the ninth storey (maximum height of guest bedrooms) is 29 metres (approx) above road level, with the duplex penthouse extending this to approximately 36 metres above ground level. However the penthouse is restricted to the extreme north west corner of the building and will have no impact in terms of light lost or overdominance on residential neighbours to the rear as it is approximately 37

metres distant from the nearest neighbour on Clifton Drive. The main bulk of the building is concentrated on the Promenade frontage with lower two storey car parking to the rear. The bedroom wing return along the Wimborne Place frontage rakes down as it approaches the rear service road and is not considered to overdominate the residential premises to the rear.

The daylight analysis presented last year on the larger redevelopment proposal, with slightly taller and bulkier buildings, showed that light levels at the rear never drop below 72% of existing levels and was not sufficient to constitute a reason for refusal. Therefore no analysis is considered necessary on the current scheme as it has less impact than the previous proposal.

With regard to privacy, obscure glazed rear elevations to the development would prevent overlooking from them and this can be addressed at Reserved Matters stage. The raised garden deck at third floor level is an issue but can be resolved by a condition requiring the installation of an obscure glazed privacy screen along the boundaries to protect privacy.

The general form of the proposal in terms of design, scale, massing and form has evolved to a point where the remaining issues can be addressed through either a Reserved Matters or detailed planning application.

Transportation issues - access/ car parking/ servicing/ refuse storage

A Transport Statement has been submitted on which the Head of Transportation requires more clarification in terms of the impact of the proposals on the road network before he can fully comment on the scheme. However, the proposal is only for an additional 10 guest bedrooms (although the spa may have external membership as do many hotels), which should not have a significant adverse effect on the surrounding network or junctions. The hotels currently operate with 25 parking spaces and 5 motorcycle spaces, this is proposed to increase to 40 parking spaces (in addition to the 11 spaces discounted as they are shown on the area of POS to the front), 5 motorcycle spaces and 20 cycle spaces, which is a significant improvement in provision.

Items such as a Framework Travel Plan; contributions towards the upgrade of bus and tram stops; pedestrian islands; road marking; and S278 works in the highway could be achieved through the use of conditions should planning permission be forthcoming.

Other issues relate to:

Floodrisk/Water/SUDS/sustainability

The site is now low flood risk due to the recent sea defence works along the Promenade and the Environment Agency has no objection in this respect although they recommend a management plan for the basement car park and recommend the use of SUDS. These can be required by condition and incorporated at Reserved Matters stage. United Utilities have stated that the capacity of the existing drainage and sewerage systems is not sufficient to deal with the scale of development proposed on site. However, they have no objection as long as the proposal is not completed before spring 2011 (which is unlikely to occur should permission be forthcoming).

Crime & Disorder

Comments have been received from the Police regarding the crime implications arising from the development. The Secure by Design measures which are suggested do not have implications for the physical design and layout of the scheme.


The applicant would be required to enter into a Section 278 Agreement relating to highways improvements and to upgrade the nearest bus and tram stops. This again could be dealt with via a condition on any approval.


Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property. However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedoms of others. In this instance it is considered that there is no impact on Human Rights considerations.





None.



1. i. Approval of the following details (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority:

Appearance

Landscaping ii. Applications for approval of the reserved matters shall be made to the Local

Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun not later than 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.

Reason i & ii: This is an outline planning permission and these conditions are required to be imposed pursuant to Section 92 of the Town and Country Planning

Act 1990 (as amended).

2. No development shall be commenced until the developer has entered into a

Section 278 Agreement with the Council as Local Highway Authority to include a contribution towards the upgrade of two bus stops and two tram stops on the

3.

4.

5.

6.

Promenade and the provision of pedestrian facilities to provide safe crossing to the bus and tram stops close to the application site.

(The developer is advised to contact the Council's Built Environment Department,

Layton Depot, Depot Road, Blackpool, FY3 7HW (Tel 01253 477477) in the first instance to ascertain the details of such an agreement and the information required to be provided).

Reason: In the interests of highway safety in accordance with Policy AS1 of the


Prior to commencement of the development, a Framework Travel Plan should be submitted for approval to the Local Planning Authority. No part of the development shall be occupied until the operator:



appoints a Travel Plan co-ordinator who shall agree the content of the

Approved Travel Plan with the Local Planning Authority, that consists of surveying, travel audits, a working group, action plans with timescales and target setting for the implementation of each element; and,

Within 12 months of first occupation of the development, the operator shall:



implement the Approved Travel Plan (or implement those parts identified in the

Approved Travel Plan as capable of being implemented prior to occupation).

Those parts of the Approved Travel Plan that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable therein and shall continue to be implemented as long as any part of the development is occupied.

Reason: In order to ensure appropriate provision exists for safe and convenient access by public transport, cycle, and on foot as well as by car, in accordance with

Policy AS2 of the Blackpool Local Plan 2001-2016.

No development, including any future additions such as satellite dishes, television aerials and flagpoles, shall exceed 53.52 metres AOD.

Reason: In the interest of aerodrome safeguarding and in accordance with Policy

AS7 of the Blackpool Local Plan 2001 -2016.

The development hereby approved shall not be commenced until such time as a scheme for the management of the basement parking area in the event of a potential flood has been submitted to and agreed in writing by the Local Planning

Authority and the approved scheme implemented prior to first occupation of the building and thereafter retained.

Reason: To ensure the safety of users of the basement parking area and in accordance with Policy NE10 of the Blackpool Local Plan 2001 -2016.

No development the subject of this permission shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is completed.

Reason: To ensure a satisfactory means of surface water drainage in accordance with Policy NE10 of the Blackpool Local Plan 2001 - 2016.


1

The proposal has been considered in relation to Policies RR2, RR8, LQ1, LQ2, LQ3,

LQ4, LQ8, BH3, BH5, BH17, NE10, AS1, AS2, AS5, AS7 and PO1 of the Blackpool

Local Plan 2001 - 2016 and is in accordance with those policies and there are no other material considerations which weigh sufficiently against the proposal such as to warrant refusal.




2. At least one month before commencement of the development the developer is advised, in the interests of aircraft/airport safety (and in accordance with BS7121

Part 1), to make contact with the Operations Manager, Blackpool Airport, Squires

Gate Lane, Blackpool, FY4 2QY if any cranes, piling rigs etc, are to be used in the construction of the development. Further advice can be found in Civil Aviation

Authority Advice Note 4 'Cranes & Other Construction Issues'.

3. The Reserved Matters application and supporting Design and Access Statement should demonstrate compliance with the design intent, principles and parameters set out in the Design and Access Statement accompanying this outline application.



WARD:

DATE REGISTERED:


Brunswick

24/03/09

District centre Secondary Distributor Route


APPLICANT: ADDACTION

PROPOSAL: Use of premises as drug and alcohol advice and homelessness support centre.

LOCATION: 22 WHITEGATE DRIVE, BLACKPOOL, FY3 9AQ

-------------------------------------------------------------------------------------------------------------------------


The application premises is situated within the Whitegate Drive District Centre, on the eastern side of the road, in close proximity to Devonshire Square. The building is a semi-detached property which adjoins a dental surgery. The site is surrounded by retail and commercial uses to the north and south, with residential properties to the east and south east. Further retail and commercial premises face the site on the opposite side of Whitegate Drive. The areas to the north and east of the site are largely residential with the majority of the District Centre lying to the south and the town centre beginning to the west. The property is set back approximately 9 metres from the back of the pavement and has a parking area to the side.

The Committee will have visited the site on 18 th May 2009.


The application seeks to use the premises as a drug and alcohol advice and homelessness support centre. The facility would be open from 9am to 5pm during the week with one evening surgery until 7pm, and would open between 9am and 12pm at weekends to offer support groups for rough sleepers.

The facility would be used by people who have a history of problematic drug and alcohol abuse and who may be involved with the criminal justice system. It aims to offer a range of interventions and support to promote change and assist individuals towards recovery from addiction. Service users would be a mixture of self-referrals, referrals from social service agencies, and those on Probation.

No drugs are to be stored or administered at the premises.

It should be noted that this is not a Council proposal and will in no way be funded or operated by the Authority. The service is currently provided at 14 Edward Street with planning permission granted for the use on 22nd September 2005 under reference 05/0701.


The main planning issues are considered to be:



the suitability of the use in the location;



the impact of the use on the residential amenity of nearby residents; and



the potential for the proposal to lead to crime and reduced security.

These issues will be considered in the assessment section of this report.

CONSULTATIONS

Lancashire Constabulary: the type of development will create a target for property crime. It is noted that the area is in mixed use with a strong night time economy. The presence of HMOs in the area could lead to a transient population. Instances of anti-social behaviour, including substance misuse, have been recorded in the area. Alterations should therefore be made to the premises to Secure by Design standards. Laminated glazing should be applied to all ground floor doors and windows. A proximity card or fob system is recommended to control access to the premises. Appropriate lighting should be installed around the complex and the installation of CCTV should be considered. Consideration should also be given to Crime

Prevention Through Environmental Design principles.


Site notice displayed 31/03/09

Neighbours notified 24/03/09

A letter of objection has been received from Councillor Blackburn, a copy of which has been appended to this report.

A letter of objection has been received from the Trees Residents Association. This has been accompanied by a petition signed by 109 local residents.

Individual objections have been received from the following properties:

Bryan Road - 1; 2; 2A; 3; 5; 6; 7; 8; 14; 20; 24; 34; 40; 45; 53; 62; 66; 74

Church Street - 238, 242, 313, 324

Devonshire Road - 17; 18

Devonshire Square Mews - 1; 3; 4; 5; 6; 8;

Forest Gate - 10

Hornby Road - Flat 8 Hornby Road Court; 200A

Leamington Road - 10; 25; 37; 38; 40; 42; 43; 53; 57; 61; 62; 64

Leeds Road - 3; 5; 23

Lincoln Road - 2A; 7; 12A; 15; 17; 27; 28A; 30A; 32A; 33; 34; 36; 36A; 43 (plus 2 properties where no number is provided)

Maple Avenue - 1

Mere Road - 1B

Newton Drive - 2; 17; 42

Poplar Avenue - 2; 3; 4; 5; 7; 9; 10; 11; 11A; 14

Whitegate Drive - 2; 4; 5; 7; 9; 12; 17; 20; 21; 23; 24; 25; 30; 31; 31C; 32; 34; 36; 42

Whitley Avenue - 5; 6; 8; 9; 10; 14; 18; 20; 21

The Queens Park Residents Association

A representation has also been received in the name of the British Transport Police.

These representations have raised the following issues:



existing drug abuse problems in the area will be exacerbated



increase in drug paraphernalia abandoned in the area with associated dangers



over concentration of such facilities in the area (juvenile centre on Church Street)



elderly residents will feel vulnerable and may fear use of local facilities



inappropriate location given presence of schools etc nearby



more appropriately located elsewhere (hospital, health centre, inner Blackpool)



crime will increase (violent crime and crime against property)



anti-social behaviour will increase



the benefits of recently installed alley gates will be negated



inappropriate to residential character of area



loss of property value



anticipated loss of trade or business



use of premises for residential purposes



inadequate neighbour notification



supporting statement inadequate



detrimental impact on tourism

These issues will be discussed within the assessment section of this report. The potential loss of property value or commercial trade are not valid planning considerations and cannot be taken into account as part of the determination process.


BH3 Residential and Visitor Amenity - states that developments will not be permitted which would adversely affect the amenity of those occupying residential or visitor accommodation by virtue of the use and activity associated with the development.

BH13 District Centres - states that these centres provide for a range of shopping, office and service uses. They are a focus for social and community uses for a district. The policy states that proposals which would undermine this function will not be permitted.

BH19 Neighbourhood Community Facility - states that new community facilities should be located in accordance with the sequential approach and their scale and catchment.

AS1 General Principles (Access and Parking) - requires that all new developments facilitate safe travel and access as appropriate.

ASSESSMENT

Acceptability of the location

The property is situated within a defined District Centre. Although the centre is situated within a wider residential zone, this section of Whitegate Drive has a strong commercial character with a range of retail and service uses present. The Blackpool Local Plan identifies such centres as being appropriate locations for the siting of new facilities meeting community needs, such as that proposed. As such, the location of the proposal is considered to be in accordance with Planning policy.

A number of the representations received suggest that the facility would be more appropriately located within the town centre or other inner areas of Blackpool, at Victoria Hospital, at the new health centre currently being constructed further to the south along Whitegate Drive, or in another Council owned building. However, as the site complies with the provisions of Policies

BH13 and BH19 of the Blackpool Local Plan, there is no requirement for the applicant to demonstrate consideration of other sites. Furthermore, Addaction is a private company rather than a public agency, and is therefore not affiliated to either the Council or the local Primary

Care Trust.

Impact on residential amenity

The proposed facility would open between the hours of 9am and 5pm on weekdays, with one evening surgery until 7pm, and from 9am to 12 noon at weekends. Given the existing use of the property and the location of the site within the commercial setting of the District Centre, it is not considered that the proposal would generate additional activity and disturbance to the detriment of residential amenity.

Impact on crime and personal security

The comments and concerns expressed by the local residents are noted. However, the facility is intended for use by persons recovering from substance dependencies and no drugs or medication would be stored or administered at the premises. There would also be no provision of overnight accommodation. The existing operation has run from Edward Street in the town centre for 3 and a half years and the applicant states that no objections have been received and that no incidents have occurred within that time.

To respond to the reported fear of crime amongst local residents, conditions would be attached to any planning permission granted to ensure that access to the premises is appropriately controlled, that the site is adequately illuminated, and that a boundary fence be erected to the rear of the site to prevent users of the facility from accessing the Devonshire

Square Mews housing development. A condition would also be attached to require a

Management Plan to be produced for the facility and to ensure that the premises operates in accordance with this plan and as set out in the statement supporting the application.

Other issues

It is not considered that proposal would prevent people from visiting the nearby Stanley Park and, as such, it is not anticipated to have a detrimental impact on tourism.

Objections have been made to the level of neighbour notification of the application, and to the adequacy of the statement submitted to support the application. Neighbour notification has been carried out in excess of the minimum requirements as set out in the Town and Country

Planning (General Development Procedure) Order 1995 (at Article 8), and a site notice has been displayed. The statement submitted to support the application seeks to explain in simple terms what the facility is and how it would operate. Should planning permission be granted for the scheme, a condition would be attached to require a more detailed Management Plan for the operation of the facility to be agreed with the Authority.

The application is not considered to raise any transportation or waste management related issues .

Conclusion

The proposed use of the site is in accordance with the Local Plan designation of the area as a

District Centre. It is not anticipated that the proposal would have any unacceptable impacts on residential amenity by virtue of the use or activity associated with the facility. Whilst it is recognised that local residents are concerned that the facility would increase levels of crime in the area, it is felt that this can be adequately mitigated through the imposition of appropriate conditions and the agreement of a suitable Management Plan. The application is therefore respectfully recommended to the Committee for approval.


N/A











2. Before the development hereby approved is first brought into use a management plan to cover the operation of the facility, the access to the premises, and the provision and operation of lighting and CCTV within the site shall be submitted to and agreed in writing by the Local Planning Authority. The operation of the site shall then proceed in accordance with the agreed management plan and shall continue in accordance with the agreed management plan unless otherwise agreed in writing with the Local Planning Authority.

Reason: To safeguard the amenities of surrounding residents in accordance with

Policy BH3 of the Blackpool Local Plan 2001-2016.

3. Before the use hereby approved is first brought into use, a scheme for the provision of a boundary fence to the rear of the property shall be submitted to and agreed in writing by the Local Planning Authority. This agreed fencing shall then be provided before the approved use is first commenced.

Reason: To prevent access from the development to the housing estate to the rear in the interests of protecting the privacy, security and residential amenity of nearby neighbours in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.

4. The facility shall not operate for any purpose outside of the hours of 0900 to 1700

Monday to Friday and 0900 to 1200 Saturday and Sunday with the exception of one weekday evening (to be agreed in writing as part of the required Management

Plan) when the facility shall not operate past 1900 hours.

Reason: To safeguard the residential amenity of the occupants of nearby properties in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.


1

The change of use proposed has been considered in relation to Policies BH3, BH13,

BH19 and AS1 of the Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and there are no other material considerations which weigh sufficiently against the proposal such as to warrant refusal.






WARD:

DATE REGISTERED:


Squires Gate

23/03/09

No Specific Allocation Primary Distributor Route


APPLICANT: PAUL JAMES FURNITURE

PROPOSAL: Use of premises as a furniture retail showroom for a temporary period of up to 5 years (Use Class A1).

LOCATION: 91 SQUIRES GATE LANE, BLACKPOOL, FY4 1QP

-------------------------------------------------------------------------------------------------------------------------


The application premises occupy the western part of a single-storey building on the corner of

Squires Gate Lane, Stonyhill Avenue and Hillcrest Avenue. The eastern part of the building closest to the corner is currently in use as a garage and car wash. The section of building under consideration is predominantly glazed although this is boarded over. A long, nonilluminated fascia signage board is in place above the glazing. The unit has a floorspace of approx 260 sq metres with a frontage of approximately 40 metres to Squires Gate Lane. At present it is vacant but was formerly in use as part of the Woodhead's car showroom. Ten car parking spaces are available to the front of the unit which could be used by the public. The wider site is surrounded by residential properties to the north, east, south and west, with

Grundy House, a Council owned building, immediately to the north east. The building has a vehicle access, to the east of the application unit, which provides access to an internal service area to the rear of the premises.

The Committee will have visited the site on 18 th May 2009.


The applicant wishes to use the premises as a furniture showroom within class A1 (Shops) of the Use Classes Order for a temporary period of up to 5 years. The application is required for this proposal as a car showroom (the former use) does not fall within any class of the Use

Classes Order.

PLANNING HISTORY

Nothing of particular relevance identified on this site.

Application ref. 07/0273 former Derek Woodman garage and car showroom on Vicarage Lane

- permission granted for mixed use development including A1 retail uses.

Application ref. 07/0575 former Dutton Forshaw garage and car showroom on Vicarage Lane - permission granted for mixed use development including A1 bulky goods retail uses.

Application ref. 08/0275 former Kingston Mitsubishi car showroom on Rigby Road - permission granted for use of premises as carpet showroom within class A1 of the Use Classes Order for a temporary period of five years.

Neither of the above sites are within the Town Centre or any of the defined District of Local

Centres. However, in both instances the applicants were able to demonstrate a sequential approach to site selection, and provide evidence of robust and appropriate, yet unsuccessful, marketing of the premises for non-retail uses.


The main planning issues are considered to be;



the impact of the proposed use on the established retail hierarchy of the borough and on the vitality and viability of nearby local centres;



the suitability and sustainability of the site for retail development.


Neighbours notified 25/03/09

Site notice displayed 31/03/09

Two letters of support received and one letter of comment have been received from 2 and 5

Kidbrooke Avenue and 133 Stonyhill Avenue. The comment relates to the external appearance of the building and requests that the site be kept tidy and free from waste and obstructions.

In response to the comments made, a condition should be attached to any permission granted to prevent the storage of waste, materials or products outside the premises.

NATIONAL PLANNING GUIDANCE

PPS1 - Delivering Sustainable Development - this guidance sets out the Government's overarching commitment to ensuring the sustainable and inclusive development of land. It is specifically stated that the policies complement, but do not replace or override, other national planning policies.

PPS6 - Planning for Town Centres - this guidance sets out the Government's objective of focusing new development in existing, established retail centres and encouraging a wide range of services in a good environment, accessible to all. The guidance requires Local

Planning Authorities to identify and establish a hierarchy of retail centres across their areas of jurisdiction and direct new development to these centres as appropriate to strengthen and safeguard their character and function. In particular, this guidance stipulates that applications for retail and similar uses must be determined with regard to the need for the development, the propriety of the scale of the development, the sequential test, the impacts on existing centres, and the accessibility of the site.

REGIONAL SPATIAL STRATEGY POLICIES

Policy W5 -Town Centres - Retail, Leisure and Office Development - this policy states that developments should be consistent with the scale and function of the centre in which they are proposed and should not undermine the vitality and viability of any other centre or result in the creation of unsustainable shopping patterns. It states that there should be a presumption against new out-of-centre retail facilities.

BLACKPOOL LOCAL PLAN 2001-2016 POLICIES

Policy BH11 - Shopping and Supporting Uses - Overall Approach - this policy states that the

Council will maintain and enhance a hierarchy of centres as shown on the Proposals Map in order to provide access to a wide range of shops, services and other activities to all sections of the community.

Policy BH12 - Retail Development and Supporting Town Centre Uses - this policy states that retail uses will be focused on the Town Centre and in other existing centres appropriate to their scale and catchment. It states that such uses will only be permitted elsewhere where there is a demonstrated need for the development; where the development will not cause material harm to the vitality or viability of existing centres; where the development would not undermine the Council's strategies and proposals for regeneration; where the development is located in accordance with the sequential test; where more local facilities will be appropriately located in other smaller centres; and where the site is readily accessible by a range of transport modes.

Policy BH16 - Proposed Shopping Development Outside of Existing Frontages - this policy stipulates that new developments outside of existing shopping frontages will only be permitted where there is a demonstrable need for the development with no convenient existing local shopping provision; and where the proposed development is appropriate in scale and function to the immediate walk-in local catchment.

Policy BH3 - Residential and Visitor Amenity - this policy seeks to safeguard the residential amenity of nearby neighbours.

Policy AS1 - Access and Parking - this policy requires all new developments to be readily and safely accessible by a range of transport modes.

ASSESSMENT

The application site is situated outside the designated Town Centre and any of the defined

District and Local Centres. Instead it is located approximately 280 metres to the east of the

Starr Gate local centre and approximately 560 metres from the local centre at the junction of

Abbey Road and Squires Gate Lane.

To accord with the Development Plan and justify approval for the proposal in an out-of-centre location, the following information should be provided:



demonstration of local need for the use;



demonstration of appropriate and robust marketing of the site for authorised or acceptable uses;



evidence of adherence to the sequential test, including justification of the applicant's requirements and identification and defensible rejection of available premises in the town centre and other district and local centres;



demonstration that the site is accessible and that the proposed use would not otherwise compromise the character, function and general amenity of the nearby Local Centre and wider area.

Need

The statements submitted to support the application state that the applicant requires a large area of floorspace, although no exact figure is given, to display furniture in premises which offer competitive rents. At present the applicant pays £33,600 in rent and rates at their current premises in St. Annes which must be vacated in the near future. No quantitative evidence has been provided to indicate that additional retail floorspace is needed in this location. Instead, it has been suggested that the store would be well positioned to continue to serve the existing customer base.

Marketing

The site has reportedly been marketed since October 2007. Since this date, interest has been shown to develop the site for housing or additional airport car parking. However, the worsening economic climate and the introduction of free car parking at the airport has meant that these proposals have not been pursued. No other interest in the site, apart from that of the applicant, has been reported.

Sequential Test

A supporting statement submitted with the application states that other, suitable premises have been considered within the Town Centre and Highfield Road District Centre. Existing isolated retail premises have also been considered. These premises have variously been discounted as being too expensive and/or too small. This information is detailed below.

Although it is not explicitly stated, it is understood that the applicant has not excluded any areas of the borough from the search for appropriate premises.

Sites considered:

- former Next store on the corner of Church Street and Abingdon Street (too expensive)

- former Clarks store on Church Street (too expensive)

- former Harvey's store on Abingdon Street (too expensive)

- 443 Waterloo Road (beaten to sale)

- former Booths store on Lytham Road (beaten to sale)

- 90 Highfield Road (too small)

- former Charlie Brown's motor spares store on Preston New Road (too expensive)

- vacant unit on the South Shore Retail Park off Cherry Tree Road (too expensive)

- former Autoglass premises on Park Road (beaten to sale)

Although fairly limited, it is felt that this list demonstrates that a sequential approach has been undertaken, and that a reasonable range of other appropriate sites have been considered.

Impact on the Established Retail Hierarchy

The application seeks to establish a specialised retail use selling furniture only. It is likely that such a use will attract a custom base from outside the local walk-in catchment and may generate a significant number of single-purpose, vehicle-borne journeys. It is accepted that bulky furniture sales are compatible with trade from an established centre. Indeed, furniture showrooms are present in many of the District and Local Centres and have operated successfully from the Town Centre. However, the application site is a considerable distance

from a defined centre of any size and is in close proximity to the retail park off Amy Johnson

Way. The Paul Gaunt furniture showroom is also nearby in the Abbey Road local centre. As such, it is not considered that the proposed use would be sufficient on its own to distract trade or investment from the established retail hierarchy.

Other Issues

It is acknowledged that the applicant's demonstration of need, adherence to a sequential approach, and evidence of appropriate marketing, is not particularly robust or comprehensive.

However, a reasonable range of other suitable sites has been considered, and the applicant has explained why the premises in question are particularly suitable for the use proposed. The unit has stood vacant for a considerable period of time and is in a prominent position on a major road which also provides a main route into Blackpool from the motorway and southwest. In its current closed and boarded condition, the unit has a detrimental impact on the quality of the streetscene. In the current economic climate, it is not considered likely that the site will come forward for housing development in the near future. Given the previous use of the site, the use current use of the eastern part of the building, and the presence of retail, office, industrial and transport uses in the nearby area, it is not considered that the proposed use would have any unacceptable impacts on the amenity of nearby residents. It must be acknowledged that the use of the site for other purposes may pose greater amenity issues for local residents than the retail use proposed.

A similar proposal for carpet sales was also granted permission by the Committee, against officer recommendation, at the former Kingston Mitsubishi garage on Rigby Road. The applicant is applying for a temporary permission only for a specific use which can be controlled by condition. With these factors in mind, it is felt that permission should be granted in this instance.


N/A


Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property. However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedoms of others. This application is not considered to raise any Human Rights issues.









2. Notwithstanding condition 1 of this planning permission, the use of the site for furniture sales shall cease no more than 5 years from the date of this permission.

Reason: In order that the Local Planning Authority can retain control over the future use of the site to protect the viability and vitality of the established retail hierarchy in accordance with Policies BH11 and BH12 of the Blackpool Local Plan

2001-2016.

3. No goods shall be stored or displayed for sale other than within the building shown on the approved plan.

Reason: In the interests of the appearance of the locality, in accordance with

Policy LQ1 of the Blackpool Local Plan 2001-2016.

4. The forecourt of the premises shall not be used for any trade or business purposes.

Reason: In the interests of the appearance of the locality in accordance with Policy

LQ1 of the Blackpool Local Plan 2001-2016.

5. The external service areas to the front, side and rear of the building shall not be used for the storage of materials or waste unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the appearance of the site in accordance with Policies BH3 and LQ1 of the Blackpool Local Plan 2001- 2016.

6. The unit as shown on the approved plan shall be used within category A1 of the

Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended for the sale of furniture only and for no other purpose (including any other purpose in the said Class A1).

Reason: In order that the Local Planning Authority can retain control over the development hereby permitted and to protect the viability and vitality of the established retail hierarchy in accordance with Policies BH11 and BH12 of the



1 The temporary use proposed has been considered in relation to Policies BH3, BH11,

BH12, LQ1 and AS1 of the Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and there are no other material considerations which weigh sufficiently against the proposal such as to warrant refusal.




2. This permission does not grant Advertisement Consent for the provision of new signage to serve the proposed use. The applicant is advised to apply for

Advertisement Consent as appropriate at the earliest opportunity.



WARD:

DATE REGISTERED:


Greenlands

25/03/09

Protected School Playing Fields/Grounds


APPLICANT: Blackpool Council

PROPOSAL: Erection of 3 additional single storey temporary buildings on the existing allotment area and retention of 3 existing temporary buildings adjacent to the Beacon Hill Family and Business Centre to form classrooms, an administration/staffroom, assembly room, canteen and toilet accommodation for a period of 6 years and the provision of access road off Cotswold Road to the new allotment area.

LOCATION: BEACON HILL HIGH SCHOOL, WARBRECK HILL ROAD,

BLACKPOOL, FY2 0TS

-------------------------------------------------------------------------------------------------------------------------


The proposed site is adjacent the western boundary of the school complex, which occupies substantial grounds and fronts onto Warbreck Hill Road. The surrounding area is primarily residential with Government Offices adjoining part of the southern boundary. The proposed new access road will be taken from Cotswold Road at the south of the school site, which is within a predominantly residential area. There are existing gates and a dirt track on the site at the north end of Cotswold Road.

The school has both pedestrian and vehicular accesses from the two sections of Milford

Avenue and there is also an existing maintenance access from Goodwood Avenue. There are a number of mature trees bordering the northern edge of the site to the rear of houses on

Warbreck Hill Road.

The 3 temporary buildings to the north of the site have been installed on part of a sports court to the west of the main school building and Family and Business Centre, adjacent to 21

Goodwood Avenue and to the rear of 193, 195 and 197 Warbreck Hill Road. The temporary buildings have been enclosed by a 3m high mesh fence and 1.5m 'high hoop-top' fencing to match existing fencing around the site. Planning permission was granted for these buildings under reference 08/0613 for a period of 2 years.

The allotment area has recently moved to the south of the site adjacent to the rear of 288 -

310 Warley Road to facilitate siting the additional temporary buildings at the school.

It is anticipated that the Committee will have inspected the site on 18th May 2009.


The three existing temporary buildings have been erected as indicated on the plans and are used as two classrooms, a staff room, canteen, stores and toilet facilities with a small play area adjacent to the Family and Business Centre. An additional 4 car parking spaces were

provided for teachers and staff on the existing car park at the front of the school and Family and Business Centre. Three similar additional temporary buildings are proposed south of the existing buildings, adjacent to 26 Goodwood Avenue and 29 and 31 Dudley Avenue on the former allotment area, to provide an additional two classrooms, assembly/group room and toilet facilities with a small play area. The new allotment area is accessed from within the school grounds with vehicular access via a new access road from Cotswold Road. It is understood that the allotments will cater for children at Beacon Hill and children from other local schools.

The two additional temporary buildings will provide two classrooms, a canteen and a staff room and are each 156m² and the toilet block is 21m². All three blocks will be 3.5m tall and raised off the ground on slabs and have an appearance typical of temporary portable buildings. The additional buildings will be approximately 8m away at the nearest point, from the side boundaries with 31 Dudley Avenue and 26 Goodwood Avenue.

The application states that the retention of the existing temporary buildings and the additional buildings are required for 6 years in order to provide consistent facilities for Key Stage 1 children in the area (reception year 1 and 2). Due to an increase in demand for reception places at Claremont School, a partnership was formed with Beacon Hill where Beacon Hill would make reception places available at the Beacon Hill site.

In 2010, the Claremont & Beacon Partnership will mean that the needs of children aged 5-14 will be met at the Beacon site. Schooling reception children at Beacon from September 2008 will mean that these pupils would not have to move site again within Key Stage 1.




Loss of school playing facilities.



Car parking, access and highway safety.



Residential amenity of neighbours.



The design and appearance of the buildings and impact on Goodwood Avenue.

CONSULTATIONS

Sport England



State that the site forms part of, or constitutes a playing field in that it is on land that has been used as a playing field within the last five years and the field encompasses at least one playing pitch of 0.4 ha or more. Sport England objects to the proposal on the basis of the relocation of the allotment area from the main school grounds onto the southern corner of the playing field, which had previously been marked out for sports use.



Sport England are also concerned that the application does not make clear that the cricket outfield for the existing synthetic wicket will be unaffected by the access route.

Head of Transportation has made no comments at the time of writing.

Environmental Protection have made no comments at the time of writing.


The neighbours were notified 31/03/2009

Site notices were displayed 31/03/2009

Representations were received from 31 Dudley Avenue, 203 Warbreck Hill Road, 6 Cotswold

Road, 21 Goodwood Avenue and 310 Warley Road.

The grounds of objection are as follows:-



Loss of privacy at 31 Dudley Avenue.



Overlooking at 31 Dudley Avenue.



Illumination of the existing Family and Business Centre is intrusive and annoying.



Cotswold Road has parking and access problems and the new access road would compound these problems.



Cotswold Road is no wide enough for larger vehicles to pass parked cars.



The additional traffic along Cotswold Road have created a mess.



There are reservations as to the type of children using the allotments



Concerns regarding the welfare of the livestock when the school is closed.



Concerns regarding the keeping of livestock and the fears that this will lead to an increase in noise, smell and vermin.



Concerns regarding the creation of a future more permanent development which would be detrimental to property values.



Concerns regarding the use of Goodwood Avenue as an access and people climbing over the gates on Goodwood Avenue.



Objections to the noise from the cockerel specifically.

These issues will be addressed in the assessment section.

NEARBY APPEALS

None relevant.

REGIONAL PLANNING GUIDANCE POLICIES

None relevant

JOINT STRUCTURE PLAN POLICIES

None relevant.


BH3-Residential and Visitor Amenity

BH7-Playing Fields and Sports Grounds

AS1-General Development Requirements

LQ1-Lifting the quality of design

LQ14- Extensions and Alterations

ASSESSMENT

Loss of school playing facilities- The school have confirmed that the area where the new allotment is had previously used as a cricket/bowling practise area and had not been used for

10 years prior to the allotments being dug.

With regards to the cricket outfield, the applicant has been asked to respond, which will be reported to Committee.

Whilst Policy BH7 seeks to protect playing fields and sports grounds from inappropriate development, in this case it is considered that there is adequate land retained for the sports needs of the school.

Car parking, access and highway safety- Due to concerns in the previous application

(08/0613), regarding pedestrian access off Goodwood Avenue, pedestrian access is intended to be provided as existing, from Milford Road rather than from Goodwood Avenue, which will be retained as maintenance access only.

With regards to parking and access problems on Cotswold Road, the new access would not attract a significant amount of traffic and is for access to the allotment only. School children are likely to arrive in mini buses and although it is agreed that Cotswold Road is a narrow street, a mini bus should have no problem passing parked cars.

Residential amenity of neighbours- Potential overlooking and loss of privacy at 31 Dudley

Avenue and 26 Goodwood Avenue will be addressed by a condition requiring windows facing the boundary to be obscure glazed with window restricters set to 100mm.

The use of security lights on existing buildings is not subject to planning permission and should be dealt with directly by the school.

The keeping of livestock on school grounds incidental to the education of children is not a planning consideration. Concerns regarding noise, smell and vermin would be controlled by other legislation.

The design and appearance of the buildings and impact on Goodwood Avenue- The buildings have a functional appearance and are typical temporary buildings.

Due to the uneven levels of the site and the necessity to provide adequate play space, one of the new temporary buildings will project 4.6m beyond the building line on the south side of

Goodwood Avenue which is unfortunate, but unavoidable given the site circumstances.

However, Goodwood Avenue is a cul-de-sac and the established building line ends at 26

Goodwood Avenue. These factors together with the temporary siting of the buildings are considered acceptable.

The value of individual properties and noise and loss of amenity during construction are not planning considerations.


None


Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her property. However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedoms of others. There are no specific

Human Rights issues raised by this application.






1. The temporary buildings hereby permitted shall be removed and the land restored to its former condition on or before 31/07/2015.

Reason: The development is such that it would not be approved for permanent development in this location, in accordance with Policies BH3, LQ1 and LQ14 of the Blackpool Local Plan 2001-2016.

2.

Reason: To safeguard the living conditions of the occupants of the neighbouring premises, in accordance with Policies BH3 and LQ14 of the Blackpool Local Plan

2001-2016.


1

All glazing to the west elevation of the temporary buildings adjacent to the boundary with 21 Goodwood Avenue and the south elevation of the temporary building adjacent to the boundary with 31 Dudley Avenue shall be at all times obscure glazed with window restrictors set to 100mm.

The proposal has been considered in relation to Policies BH3, BH7, AS1 and LQ1 of the Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and there are no other material considerations which weigh sufficiently against the proposal such as to warrant refusal.


1. Please note this approval relates specifically to the details indicated on the approved plans and documents, and to the requirement to satisfy all conditions of the approval. Any variation from this approval need to be agreed in writing by the


COMMITTEE DATE: 18/05/2009 - Blackpool Borough Council

Application Reference: 09/0045

Application Reference: 09/0184

Application Reference: 09/0211

Application Reference: 09/0245

Application Reference: 09/0253

Application Reference: 09/0296

Application Reference: 09/0299

Application Reference: 09/0389

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COMMITTEE DATE: 18/05/2009 - Blackpool Borough Council

Application Reference: 09/0045

Application Reference: 09/0184

Application Reference: 09/0211

Application Reference: 09/0245

Application Reference: 09/0253

Application Reference: 09/0296

Application Reference: 09/0299

Application Reference: 09/0389

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