Planning Applications Report Planning Committee 02 April 2009
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Planning Applications Report Planning Committee 02 April 2009 Bolton Council has approved a Guide to Good Practice for Members and Officers Involved in the Planning Process. Appendix 1 of the Guide sets down guidance on what should be included in Officer Reports to Committee on planning applications. This Report is written in accordance with that guidance. Copies of the Guide to Good Practice are available at www.bolton.gov.uk Bolton Council also has a Statement of Community Involvement. As part of this staement, neighbour notification letters will have been sent to all owners and occupiers whose premises adjoin the site of these applications. In residential areas, or in areas where there are dwellings in the vicinity of these sites, letters will also have been sent to all owners and occupiers of residential land or premises, which directly overlook a proposed development. Copies of the Statement of Community Involvement are available at www.bolton.gov.uk The plans in this report have been annotated with the symbol ● to show where a letter of objection has been received from an owner or occupier of a property shown on the Report Plan. The plans in this report have been annotated with the symbol % to show where a letter of support has been received from an owner or occupier of a property shown on the Report Plan. The plans in the report are for location only and are not to scale. The application site will generally be in the centre of the plan edged with a bold line. The following abbreviations are used within this report: - UDP The adopted Unitary Development Plan 2005 RSS Regional Spatial Strategy for the North West of England 2008 PCPN A Bolton Council Planning Control Policy Note PPG Department of Communities and Local Government Planning Policy Guidance Note MPG Department of Communities and Local GovernmentMinerals Planning Guidance Note SPG Bolton Council Supplementary Planning Guidance SPD Bolton Council Supplementary Planning Document PPS Department of Communities and Local Government Planning Policy Statement TPO Tree Preservation Order EA Environment Agency SBI Site of Biological Importance SSSI Site of Special Scientific Interest GMEU The Greater Manchester Ecology Unit The background documents for this Report are the respective planning application documents which can be found at:- www.bolton.gov.uk/planapps INDEX Ref. No Page Item Ward Location 81542/09 5 1 GRLE THE GATEWAY, GREEN LANE, BOLTON, BL3 2PH 81665/09 15 2 HELO THE LAURELS, MARKLAND HILL, BOLTON, BL1 5AL 81759/09 39 3 HELO 13 RAVENSWOOD DRIVE, BOLTON, BL1 5AJ 81758/09 45 4 HELO 13 RAVENSWOOD DRIVE, BOLTON, BL1 5AJ 80855/08 55 5 HELO THE LAURELS, MARKLAND HILL, BOLTON, BL1 5AL 79414/08 63 6 HOBL HORWICH RMI, CHORLEY NEW ROAD, HORWICH, BOLTON, BL6 5XX 81662/09 79 7 RUMW 80 AUBURN STREET, BOLTON, BL3 6UE 81722/09 89 8 WNCM 620 MANCHESTER ROAD, WESTHOUGHTON, BOLTON, BL5 3JD Date of Meeting: 02 April 2009 Item Number: 1 Application Reference: 81542/09 Type of Application: Full Planning Application Registration Date: 29/01/2009 Decision Due By: 26/03/2009 Responsible Martin Mansell Officer: Location: THE GATEWAY, GREEN LANE, BOLTON, BL3 2PH Proposal: CHANGE OF USE FROM CLASS A2 TO A CHILDRENS DAY CARE NURSERY FOR 58 CHILDREN(CLASS D1) Ward: Great Lever Applicant: Sercom Investments Agent : Officers Report Background The application was deferred by Members at their last meeting in order to obtain additional information around the clarification of numbers of children and details of the layout of the site, including parking and outdoor play areas. These matters are referred to in the main body of the report. Proposal Permission is sought for the change of use of the current business centre (Use Class A2) to a children's day nursery (Use Class D1). The proposed hours of opening are between 07:00 and 18:30 Mondays to Fridays. There will be 10 full-time members of staff. Whilst the planning application form stated that 75 children would be accommodated, the applicant now wishes the description to be amended to relate to 58 children. Originally, 24 car parking spaces (for staff and visitors) are proposed as well as two drop off bays. During discussions with highway engineers, this was reduced to 12 spaces. However, the Applicant appears willing to provide the original number of spaces if Members so wish. Site Characteristics 'The Gateway' is a large three storey building, currently used as a business centre, sited at the junction of Green Lane with Manchester Road. The application site contains many trees, with the large group of trees on the Manchester Road frontage being protected. St. Michael's C of E Primary School adjoins the site to its south and east. Vehicular access into the site is from Green Lane. 5 Policy PPS1 Sustainable Development PPG13 Transport PPS24 Planning and Noise RSS13 North West UDP Policies: N7 Trees, Woodlands and Hedgerows; N8 Protected Trees; EM2 Incompatible Uses; EM3 Pollution; D2 Design; A5 Road Network; A6 Car Parking Standards; CP4 Community Facilities. PCPN10 Planning Out Crime; PCPN21 Highways Considerations. Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise. Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission. Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission. It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations. The main impacts of the proposal are:- * impact on the highway * impact on trees * impact on the amenity of neighbouring uses Impact on the Highway UDP Policy A5 and PCPN21 both seek to ensure forms of development which would not have an adverse impact upon the road network and which make appropriate provision for parking, the needs of pedestrians and for vehicle manoeuvring. Policy A6 of the UDP refers to the Council's maximum car parking standards. 24 parking spaces (14 for visitors and 10 for staff) are proposed within the curtilage of the building along with two drop off bays. The vehicular access into the site, off Green Lane, is also proposed to be widened to allow for better two way traffic. The Council's Highways Engineers consider both the proposed parking and access arrangements to be acceptable for the new child care use. It is considered that sufficient parking and drop off facilities have been proposed and that the proposed change of use will not have an adverse effect on highway safety. The proposal is therefore considered to comply with Policies A5 and A6 of the UDP and PCPN21. Impact on Trees Policy N7 of the UDP seeks to protect and conserve existing trees, woodlands and hedgerows where possible when considering development proposals. Policy N8 concerns 6 trees protected under Tree Protection Orders (TPOs). The locations of the proposed car parking spaces and drop off bays will not affect the trees that border the site, and this has been confirmed by the Council's Tree and Woodland Manager. The proposal is therefore considered to comply with Policies N7 and N8 of the UDP. Impact on the Amenity of Neighbouring Uses Policies EM2 and EM3 of the UDP state that the Council will not permit development that will result in unacceptable impacts on existing uses by reason of noise, smell, safety, health, lighting, disturbance, traffic or other pollution. The only building that adjoins the application site is St. Michael's C of E Primary School, which is a similar use to the proposal and falls within the same Use Class (D1). There are no residential properties close to the application site. It is therefore considered that the proposed change of use to a children's nursery will not have an impact on the amenity of adjoining uses and therefore complies with Policies EM2 and EM3 of the UDP. Conclusion It is considered that the proposed change of use of 'The Gateway' to a children's day care nursery will not have an adverse impact on highway safety, trees within the application site or the amenity of neighbouring uses. Members are therefore recommended to approve the application. 7 Representation and Consultation Annex Representations Letters:- a letter of objection has been received from Tiny Tots Children's Nursery, Green Lane, who raise the following concerns: Traffic congestion on Green Lane by St. Michael's School will be exacerbated by the proposal; There are already sufficient child care facilities in the area. Letters have also been received from two other nurseries in the area - Cherished Children based in The Haulgh and Rosehill Nursery on Manchester Road. Both raise objection on the grounds of increased competition, which is in an issue that carries very little weight in the planning balance, as national policy advises the planning system should not interfere in matters best left to the market. Indeed, the promotion of choice and competition is one of the goals of the planning system. The Council's Childcare Marketing and Business Officer is not aware of a shortfall in childcare provision in this locality, but points out that whilst the Council has a duty to manage and develop the childcare market, it does not have powers under the Childcare Act 2006 to prevent private individuals or schools from either opening new provision or expanding and developing existing provision. An objection has also been received from the Head Teacher and one of the governors of St Michael's C of E School, adjacent to the site.