Planning Applications Report Planning Committee 02 April 2009

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. The grounds of objection are:-

· term time, peak hours traffic and parking associated with the school already causes congestion · Green Lane is a route to the hospital and carries ambulances · the site is at a junction and is therefore awkward to access · Green Lane is also a route to the motorway.

Consultations Advice was sought from the following consultees; Highways Engineers, Environmental Health Officers, Tree Officers, Early Years Development and Child Care Partnership, United Utilities.

Planning History An application for the extension of the existing car park was refused in September 2002 due to its impact on trees (62534/02).

Permission was granted in August 2002 for the felling of 4 trees (62550/02) and in September 2002 permission was granted for the pruning of 21 trees (62551/02).

Permission was granted for the change of use of the premises from a training centre to offices in May 2002 (61493/02).

An application for the change of use of the premises to a children's nursery and the erection of 2 metre high perimeter fencing was withdrawn by the Applicant in April 2002 (61286/02).

8 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 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 by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved/permitted shall not be brought into use, unless and until the access to the site has been constructed to a minimum width of 4.5 metres with 5.0 metres radii and 2.0 metres wide footways.

Reason

In the interests of highway safety.

3. The development hereby approved/permitted shall not be brought into use unless and until not less than 12 car parking spaces have been marked out and provided within the curtilage of the site, in accordance with the approved/submitted details. Such spaces shall be made available for the parking of cars at all times the premises are in use.

Reason

To ensure that adequate provision is made for vehicles to be left clear of the highway.

4. The nursery shall not be brought into use until the access road and footways leading thereto have been constructed in accordance with the approved plans.

Reason

For avoidance of doubt.

5. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 90.0 metres is provided at the junction of the site access with Green Lane, and subsequently maintained free of all obstructions between the height of 1.05 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

6. Prior to commencement of development a scheme indicating the provision to be made for disabled people to gain access including level or ramped access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

7. Notwithstanding the approved plans, prior to commencement of development a scheme indicating the provision to be made for not less than 2 car parking spaces or 6% of the total car parking spaces,

10 whichever is the greater, shall be submitted to and approved by the Local Planning Authority. The approved car parking area shall be laid out and reserved at all times for use by drivers with disabilities before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

8. A maximum of 58 children shall be accommodated within the site of the day nursery at any one time.

Reason

To safeguard the amenity of the area.

Notes:

1. The Council has granted planning permission, subject to the conditions listed above, because the proposed development is in accordance with all relevant policies of the Development Plan (the UDP and the Regional Spatial Strategy Plan for the North-West), as is required by Section 38 of the Planning and Compulsory Purchase Act 2004. There are no material considerations, as specified in the Planning Officer Report, that outweigh this justification to support the grant of planning permission. A summary of the relevant Development Plan policies pursuant to Article 22 of the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003 and how the proposed development relates to these policies is set out below.

Unitary Development Plan N7 as the trees within the site will not be adversely affected by the proposed car parking spaces;

N8 as the trees within the site will not be adversely affected by the proposed car parking spaces;

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development by reason of pollution;

EM3 as the development would not have adverse effects on levels of air, water, land, noise and light pollution;

D1 and D2 as the appearance of the proposal will be compatible with the surrounding area;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards; CP4 as the proposed nursery will be close and accessible to the communities that it will serve.

Regional Spatial Strategy

RT1 as the development is well connected to public transport links; RT2 as the existing highway network will be maintained.

12 13 14 Date of Meeting: 02 April 2009 Item Number: 2

Application Reference: 81665/09

Type of Application: Full Planning Application Registration Date: 10/02/2009 Decision Due By: 07/04/2009 Responsible Helen Williams Officer:

Location: THE LAURELS, MARKLAND HILL, BOLTON, BL1 5AL

Proposal: ERECTION OF A TWO STOREY EXTENSION TO EXISTING PROPERTY. ERECTION OF SIX NEW DWELLINGS TOGETHER WITH ASSOCIATED GARAGES/CAR PARKING AND LANDSCAPING.

Ward: Heaton and Lostock

Applicant: Seddon Homes Limited Agent : Indigo Planning Limited

Officers Report

Proposal Permission is sought for the erection of six large detached dwellings within the extensive curtilage of The Laurels, a two storey detached house dating back to the 1870s. Each new dwelling will be two storeys high, with three of the dwellings having five bedrooms and three having six bedrooms. The houses and associated garages are set within the existing mature landscape within the site and will front onto the existing central driveway through the site.

The house known as 'The Laurels' will be retained as a residential property within the proposed development and will form the focal point at the north of the site. Permission is also sought for the demolition of The Laurels' 1950s rear extension and various outbuildings and the erection of a two storey extension. A Conservation Area Consent application (80855/08) accompanies this application for these proposed alterations and can be found elsewhere within the Committee report.

The existing access into the site will be retained, however it is proposed that two existing trees at the junction with Markland Hill be removed, three passing places be incorporated on the access into the site and priority traffic flows be introduced along Markland Hill to reduce overall traffic speeds in the area.

Site Characteristics The application site measures 1.28 hectares and is within Chorley New Road Conservation Area.

A modest Victorian house, known as 'The Laurels', stands in the north eastern corner of the site. This two storey dwelling is double fronted with large windows both on the western and southern elevations and has been altered and extended over time. A detached garage is

15 located to the north of the house.

The remainder of the site forms the extensive garden curtilage to The Laurels. The house is currently vacant. A sweeping driveway runs through the centre of the site and ends in a turning circle in front of The Laurels. Access into the site is off Markland Hill down a long tree lined private driveway.

The application site is covered by Tree Preservation Order 5 (Heaton) and contains a large number of quality mature trees, together with large rhododendron and laurel bushes.

The site is not visible from the main road and can only be glimpsed from houses surrounding the site though the mature trees. The site is surrounded by large residential properties on all sides, including the recent apartment development of Bloomfields to the east.

Policy PPS1 Delivering Sustainable Development PPS3 Housing PPS9 Nature Conservation PPG13 Transport PPG15 Planning and the Historic Environment PPS25 Development and Flood Risk

RSS13 North West

UDP Policies: N1 Nature Conservation; N3 Sites of Biological Importance; N7 Trees, Woodlands and Hedgerows; N8 Protected Trees; N9 Protection of Species and Habitats; EM4 Contaminated Land; EM11 Flood Protection; D1, D2 Design; D3 Landscaping; D7 Conservation Areas; D8 Demolition within Conservation Areas; A5 Road Network; A6 Car Parking Standards; A10 Traffic Management and Calming; H3 Housing Applications; H5 Housing Density.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN10 Planning Out Crime; PCPN19 Conservation Areas; PCPN21 Highways Considerations.

Conservation Area Character Assessment: Chorley New Road.

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:-

16 * impact on urban regeneration * impact on the character and appearance of the conservation area * impact on the amenity of neighbours * impact on trees * impact on highways * impact on ecology

Impact on Urban Regeneration National policy on residential development is contained in PPS3 Housing. In order to promote more sustainable patterns of development, PPS3 makes it clear that the focus for additional housing should be on existing towns and urban areas. It is important that new housing is located where it is accessible to jobs, shops and services by modes of transport other than the car. The inefficient use of land should be avoided and to this end maximum use should be made of previously developed land.

The application site is located within an urban area and is defined as previously developed land, in that it contains an existing building and the curtilage of this building. The proposal will involve the refurbishment and safeguarding of an attractive Victorian dwelling within a conservation area.

The site is located on Markland Hill, off Chorley New Road (A673). Chorley New Road is frequently served by bus services into both Bolton Town Centre and Horwich. Local schools are also within easy reach of the site. It is therefore considered that this application would satisfy the criteria within PPS3 as well as policy H3 of the UDP.

Impact on the Character and Appearance of the Conservation Area Policy D7 of the UDP states that the Council will permit development proposals that preserve or enhance the character or appearance of conservation areas, and they should:

(i) be of appropriate height, size, design, materials, roofscape and plot width; (ii) retain materials, features, trees and open spaces that contribute to the character or appearance of the conservation area; (iii) utilise appropriate materials for highway and footpath surfacing; and (iv) not adversely affect important views into, and across, a conservation area.

Policy D8 concerns the demolition of unlisted buildings or features within a conservation area.

Permission is sought for the erection of six large, two storey, detached dwellings within the extensive curtilage of The Laurels, a modest Victorian dwelling within the Chorley New Road Conservation Area. It is proposed that the existing dwelling is retained within the proposed residential development and the new houses and associated garages will be set within the existing mature landscape within the site. All properties will front onto the existing central driveway through the site.

Permission is also sought for the demolition of The Laurels' 1950s rear extension and a couple of outbuildings to the rear of the house to make way for a new two storey extension to the dwelling. The Committee report for the Conservation Area Consent for the demolition of the extensions (80855/08) can be found elsewhere within the report.

The Council's Design and Conservation Officer has provided detailed comments regarding

17 the proposed residential development of the site and these are reflected within the following analysis.

It is universally accepted that the essential character of the Chorley New Road conservation area (that of large residential properties in large curtilages) has been eroded by a number of residential developments over the years where large properties have been demolished to make way for cul-de-sac schemes comprising smaller suburban scale dwellings. Despite these developments, there are still sufficient surviving examples of large properties (such as The Laurels) in their original grounds, which render the character of the conservation area still discernible. The new apartment development adjacent the site at Bloomfield also still retains a sizeable curtilage and tree cover although the new apartment building represents a significantly larger footprint than the original building.

The proposed residential development of the application site retains the existing modest Victorian dwelling and the majority of the mature landscaping, which is characteristic of both the site and the area in general. The Council's Design and Conservation Officer welcomes the retention of both of these features. It is also felt that the demolition of the unattractive extensions to the rear of The Laurels and their replacement with a new two storey rear extension would enhance the appearance of the dwelling.

The Design and Conservation Officer considers that, given the extent of the application site, there is scope in principle for a development that would still preserve the essential characteristics of the conservation area (that being large buildings in large plots surrounding by mature landscaping). The proposed development comprises six large dwellings set in large plots that have been arranged to preserve the majority of landscape features of the site. The proposed detached dwellings are aligned along the main driveway through the site and are substantially set back to allow the mature trees and landscaping to dominate. As such, the overall setting and views to The Laurels would only be marginally altered.

The density of the site would be six houses per hectare which is well below the minimum density requirement as set out within Policy H5 of the UDP and PPS3 Housing. However, the low density reflects the character of the surrounding residential area and maintains the character of the Chorley New Road conservation area. The proposed density of the site is therefore considered to be acceptable.

The application site is itself rather secluded and hidden behind extensive tree canopies and as such the overall impact on the wider conservation area would be minimal as there would only be restricted glimpses into the site from adjacent private sites. The Design and Conservation Officer feels that, when considered against the benefits of retaining and improving the original Laurels dwelling, on balance the proposed scheme would preserve the character of the conservation area.

With regard to the design of the new dwellings, it is considered that they follow the traditional suburban house style for the locality, which is represented by pitched and roofed gables with stone ornamentation and bay window features. The Design and Conservation Officer states that the proposed window proportions are more distinctly vertical to respect the Victorian proportions of The Laurels and the established character of the area.

It is considered that the proposed siting, density, size, height, design and landscaping for the proposed residential development of The Laurels site meets the four criteria within Policy D7 of the UDP and therefore complies with design and conservation policies.

18 Impact on the Amenity of Neighbours Policy D2 of the UDP states that the Council will permit development proposals that contribute to good urban design and are compatible with, or will improve, their surroundings. PCPN2 Space Around Dwellings provides guidance on interface standards and amenity spaces for new dwellings.

Due to the size of the plots for the proposed dwellings, along with the size of the gardens for the houses adjoining the site, the Council's minimum interface distances between dwellings are significantly exceeded by this proposal. The application therefore complies with PCPN2.

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 N7 goes on to state that the Council will not permit development proposals which would result in the loss of trees, woodland areas or hedgerows of visual, historic or amenity importance and requiring replacement planting where it is considered that the benefit of the development outweighs the loss of some trees or hedgerows. Policy N8 specifically refers to protected trees.

The application site is covered by Tree Preservation Order 5 (Heaton) and contains a large number of quality mature trees, together with large rhododendron and laurel bushes.

A number of trees within the application are proposed to be felled to allow for the siting of the new houses. However, the majority of trees and the trees of the greatest quality are to be retained and additional planting is proposed within drawings 958-02 Rev D and 958-03 Rev B, which has been agreed with the Council's Tree Officer. The Tree Officer considers that the proposed removal of trees is acceptable (with some trees already requiring removal due to disease) and adequate distance is given between the remaining trees and the proposed dwellings.

Two mature trees (a lime and a horse chestnut) are proposed to be felled at the entrance of the site (the junction of the private driveway with Markland Hill). It is considered necessary to remove these trees to allow for a safe vehicular access into the development. The Council's Tree Officers have not objected to the removal of these trees and it is considered that, given the presence of a number of mature trees within the vicinity, the removal of these two trees will not impact detrimentally on the character and appearance of this part of the conservation area.

It is therefore considered that the proposed residential development complies with Policies N7 and N8 of the UDP and PCPN7.

Impact on Highways Policy A5 of the UDP states that development proposals should not adversely affect the safety of highway users, including pedestrians, as well as the safe and efficient circulation of vehicles. Policy A10 states that highway proposals associated with new development should have regard to road safety measures, the environmental and residential quality of the area, walking, cycling and the use of public transport, and access by emergency and service vehicles.

Vehicular access into the application site is currently down a long, tree lined, private driveway off Markland Hill. The driveway is immediately adjacent a separate vehicular

19 access for Ashleigh Drive, to the south of the site, which serves four dwellings.

It is proposed that the new residential development is accessed via the existing private driveway. The following improvements are however proposed: 1. Two mature trees on each side of the driveway at the junction with Markland Hill will be felled to allow for improved accessibility and the required visibility. The impact the loss of these trees will have on the appearance of the area is addressed above; 2. The introduction of two carriageway build-outs (chichanes) either side of The Laurels/Ashleigh Drive accesses, which will result in one-way directional traffic on Markland Hill past the proposed access into the site and therefore reduce speeds. Priority will be given to traffic travelling northward, away from Chorley New Road. The build-outs will also result in exceeded required driver visibility both northwards and southwards at the entrance; 3. A 'give way' lane on Markland Hill to the north of the site entrance for traffic travelling south towards Chorley New Road; 4. The introduction of three passing bays along the access into the application site.

Residents of Springlawns have raised concerns regarding their visibility when exiting onto Markland Hill, due to the proposed carriageway build-outs and the increase of traffic resulting from the development. The Council's Highways Engineers however assert that visibility for drivers egressing Springlawns will actually be improved by the proposed highway improvements.

The Applicant's highways consultant has predicted that the proposed development will generate a total of 3 two-way vehicle movements in each morning and afternoon peak hour periods respectively and some 33 two-way daily vehicle trips. As such, the vehicular impact of the proposed development is anticipated to be negligible.

It is considered that the proposed highway works at the entrance to the site and along Markland Hill are sufficient for the additional six dwellings. The proposed works will provide improved egress for existing residents of Springlawns and Ashleigh Drive, as well as for the new residents within the proposed development. Furthermore, the proposed northern build-out will provide an improved crossing facility for pedestrians by reducing the road width to 3.8 metres.

The application is therefore considered to comply with Policies A5 and A10 of the UDP.

Impact on Ecology The south western corner of the application site adjoins Ravens Wood Site of Biological Importance. Policy N3 of the UDP states that the Council will not permit development likely to have an adverse effect, either directly or indirectly, on a Site of Biological Importance unless it can be clearly demonstrated that there are reasons for the proposal which outweigh the need to safeguard the substantive nature conservation value of the site. Policy N9 seeks to protect protected or other rare species or its habitats.

The Applicant has submitted an ecological survey and impact assessment for the application site to establish the presence or absence of protected species, to assess the likely impact of the proposed development on ecology and to outline any necessary mitigation proposals. This assessment concludes that there may be transitory use of the site by slow worm and common pipistrelle bats and recommends mitigation measures to protect these species. A condition is suggested to ensure these measures are undertaken on site. The Council's Wildlife Liaison Officer considers the proposed measures to be satisfactory and therefore it

20 is considered that the application complies with Policies N3 and N9 of the UDP.

Value Added to the Development The proposed scheme for the application site has been amended significantly since first submitted under application 80852/08, which proposed a four storey apartment building containing ten apartments and four detached houses. The amount of proposed development has been significantly reduced, along with the proposed amount of hardstanding within the site.

The proposed development will safeguard and restore an attractive Victorian building within a conservation area, which is currently vacant and in need of renovation.

The proposal will maximise the re-use of previously developed land in the urban area and will increase housing supply in the Lostock area.

Conclusion It is considered that the proposed residential development of the site complies with all relevant national and local policies with regard to residential development, will be compatible with the character and appearance of Chorley New Road conservation area, will not have an adverse impact on the protected trees or species within the site, and will help to improve highway safety along Markland Hill. Members are therefore recommended to approve the application.

21 Representation and Consultation Annex

Representations Letters:- 4 letters of objection have been received from the residents of Clarebank Cottage, 1 and 3 Springlawns and 5 Ashleigh Drive. The letters raise the following concerns:

* The proposed access is substandard and will be to the detriment of highway safety; * There will be more traffic on Markland Hill around the entrances to the site, Ashley Drive and Springlawns; * Visibility will be worse for cars exiting Springlawns; * Increase in parking problems on Markland Hill; * The development will generate more traffic on Markland Hill; * Two mature trees at the entrance to the site will be lost.

Consultations Advice was sought from the following consultees; Design and Conservation Officer, Highways Engineer, Tree Officer, Wildlife Liaison Officer, Pollution Control Officers, Environment Agency, Greater Manchester Ecology Unit, Greater Manchester Police Architectural Liaison Officers, United Utilities.

Planning History An application for a two storey extension to The Laurels, the erection of four detached dwellings with garages and the erection of one four storey building to form ten three bedroom apartments with garages was withdrawn by the Applicant on 9th December 2008 (80852/08).

A Conservation Area Consent application (80855/08) for the demolition of outbuildings and a two storey extension to The Laurels was submitted at the same time as the above application and remains live. This application is to be heard in conjunction with the current planning application.

Various applications for the felling and pruning of trees within the site have been approved or refused over the years (30724/88, 46223/94, 53678/98, 56053/99, 62927/02 and 69626/04).

22 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 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 by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No development shall be commenced until samples of the facing materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. The roofs of the development hereby approved shall be finished in natural slate from a sustainable source.

Reason

To ensure the development either fits in visually with the existing building and safeguards the character and visual appearance of the locality or ensures the development safeguards the character and visual appearance of the locality.

3. No development shall be commenced unless and until a panel of stonework, pointed in the manner to be used on the development has been erected and made available for inspection by the Local Planning Authority. Not less than 14 days notice in writing shall be given to the Local Planing Authority in order to allow for the inspection and approval of the panel. The pointing used on the development, shall be consistent with that on the approved sample panel.

Reason

To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.

4. The mullions, cills and heads to the window and external doors of the development shall be in natural stone of a colour and texture to be agreed in writing by the Local Planning Authority.

Reason

To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.

5. Prior to the commencement of development, a detailed specification for all doors and windows hereby approved shall be submitted to and approved by the Local Planning Authority and shall be constructed in painted timber from a sustainable source. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

To ensure the development safeguards the character and visual appearance of the locality.

6. All new window frames to the building(s) shall be recessed a minimum of 0.07 metres behind the external face of the elevations of the development hereby approved.

Reason

In the interest of creating architectural depth and shading to the elevations.

7. No development shall be commenced until a sample window has been made available for inspection

23 and approved in writing by the Local Planning Authority. The window(s) as approved shall be retained thereafter.

Reason

To ensure the development safeguards the character and visual appearance of the locality.

8. No work subject of this consent shall be commenced until a minimum of 14 days notice in writing has been given the Local Planning Authority.

Reason

To enable the Local Planning Authority to inspect the approved works and ensure the character and appearance of the Listed Builiding are not detrimentally affected.

9. No development shall be started until the trees within or overhanging the site which are the subject of a Tree Preservation Order have been surrounded by fences of a type to be agreed in writing with the Local Planning Authority. The approved fencing shall extend to the extreme circumference of the spread of the branches of the trees (in accordance with BS 5839) or as may otherwise be agreed in writing with the Local Planning Authority; such fences shall remain until all development is completed.

Reason

In order to avoid damage to tree(s) within the site which are of important amenity value to the area.

10. No work, including the storage of materials, or placing of site cabins, shall take place within the extreme circumference of the branches of any tree which is the subject of a Tree Preservation Order on or overhanging the site.

Reason

In order to avoid damage to tree(s) within the site which are of important amenity value to the area.

11. No development shall be started until a minimum of 14 days notice in writing has been given to the Local Planning Authority that the protective fencing referred to in Condition 9 has been erected.

Reason

In order that the Local Planning Authority can inspect the protective fencing with a view to to avoiding damage to tree(s)/shrub(s)/hedgerow(s) within the site which are of important amenity value to the area.

12. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Markland Hill has been constructed and laid out entirely in accordance with details which will have been submitted to and approved by the Local Planning Authority.

Reason

In the interests of highway safety.

13. No development shall be commenced unless and until full details of the highway works at Markland Hill comprising traffic management measures have been submitted to and approved by the Local Planning Authority, and none of the development shall be brought into use until such details as approved are implemented in full. Such works to be retained thereafter.

Reason

In the interests of highway safety.

14. Prior to the occupation of the dwelling house(s) hereby permitted provision shall be made for the parking or garaging of (a) motor vehicle(s) adjacent to (the (each of the) dwelling house(s)) in the area identified for that purpose on the approved plan. The (those) area(s) shall thereafter be

24 retained at all times for that purpose. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) other that (a) garage(s), no extensions, porches, outbuildings, sheds, greenhouses, oil tanks or satellite antennae shall be erected within that area.

Reason To ensure that adequate provision is made for vehicles to be left clear of the highway.

15. Before development commences details of the treatment to all boundaries to the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is first occupied or brought into use and retained thereafter.

Reason

To ensure adequate standards of privacy are obtained and to enhance the setting of the development within the landscape character of the locality.

16. Phase II Report Should the approved Phase I Report recommend that a Phase II Report is required, then prior to commencement of any site investigation works, design of the Phase II site investigation shall be submitted to, and approved in writing by, the Local Planning Authority. Site investigations shall be carried out in accordance with the approved design and a Phase II Report shall then be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of development. The Phase II Report shall include the site investigation data, generic quantitative risk assessment, detailed quantitative risk assessment (if required) and recommendations regarding the need or otherwise for remediation. Should the Phase I Report recommend that a Phase II Report is not required, but during construction and prior to completion of the development hereby approved, contamination or gas migration is found or suspected, the developer shall contact the Local Planning Authority immediately and submit proposals for investigation and remediation of the contamination or gas migration within seven days from the date that it is found or suspected to the Local Planning Authority for approval in writing. Options Appraisal Should the Phase II Report recommend that remediation of the site is required then unless otherwise agreed in writing with the Local Planning Authority, no development shall commence unless or until an Options Appraisal has been submitted to, and approved in writing by, the Local Planning Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. Implementation of Remediation Strategy No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: i) Detailed remediation design, drawings and specification; ii) Phasing and timescales of remediation; iii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; and iv) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

25 To ensure that the development is safe for use.

17. The measures outlined within section 8.0 Conclusion of the submitted Ecological Surveys & Impact Assessment shall be carried out in full in the stated time periods. These measures include the erection of six bat boxes and six bird boxes in trees on the site. Should any species be found during construction all works should cease and further ecological advice should be sought with a view to a detailed method statement and programme of mitigation measures being prepared and implemented.

Reason

To protect the interest of any protected species which may be present on the site.

Notes:

Unitary Development Plan

N1 as the development proposals would not adversely affect the natural environment and biodiversity;

N3 as the proposed development will not directly or indirectly affect a Site of Biological Importance;

N7 as new tree planting is proposed together with habitat management and creation through landscape improvements and the benefit of the development outweighs the loss of some trees and hedgerows;

N8 as the removal of the trees protected by Tree Preservation Orders is to form part of the development scheme;

N9 as the Applicant has demonstrated that any impact on protected species or its habitat can be successfully mitigated and monitored and a planning condition is to secure the provision of future alternative habitats;

EM4 as investigation into land contamination has been carried out and suitable mitigation measures would be secured by a planning condition;

EM11 as it has been demonstrated that there would not be an increase in the risk of flooding on the site;

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

D3 as there is scope for sufficient landscaping at the detailed stage;

D7 as the development would preserve and enhance the character and appearance of the Chorley New Road Conservation Area;

D8 as the proposed demolition of the rear extensions to The Laurels are considered to be acceptable;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards;

A10 as the associated highway proposals have regard to road safety measures;

26 H3 as the housing development site is accessible; the development would help to provide a wider choice and better mix of housing types, sizes and tenures; the existing and potential infrastructure has the capacity to absorb the development; and the site has been previously developed;

H5 as the net site density of the housing provision is compatible with the surrounding residential density.

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

L2 as the development will increase housing supply;

RT1 as the development is well connected to public transport links;

RT2 as the existing highway network will be maintained;

EM1 as the development will provide integrated landscaping and biodiversity;

EM2 as all land contamination will be remediated; EM4 as the development will be resilient to any flood risk.

27 28 29 30 31 32 33 34 35

36 37 38 Date of Meeting: 02 April 2009 Item Number: 3

Application Reference: 81759/09

Type of Application: Conservation Area Consent Registration Date: 23/02/2009 Decision Due By: 20/04/2009 Responsible Andrew McGlone Officer:

Location: 13 RAVENSWOOD DRIVE, BOLTON, BL1 5AJ

Proposal: CONSERVATION AREA CONSENT TO DEMOLISH DWELLING

Ward: Heaton and Lostock

Applicant: Mrs S Collin Agent : A S C Designs Ltd.

Officers Report

Proposal Permission is sought for Conservation Area Consent to demolish the existing dwelling. Permission is also sought for the demolition of the existing dwelling and the erection of two new detached dwellings under application 81758/09.

Site Characteristics Ravenswood Drive is a residential road off Chorley New Road, the southern end of the road is characterised by large detached dwellings, generally on open plots. There is a great deal of variance in architectural style. One of the main characteristics of the area is the openness of the street scene when viewed from Chorley New Road; this is created by the layout and general design of the large dwellings on large plots.

The site gradually steps down from north to south to the boundary with Chorley New Road. Landscaping can be found throughout the site, in particular a strong screen fronts Chorley New Road and the boundary between the site and The Rowans to the east.

Policy PPS1 Delivering Sustainable Development; PPS3 Housing; PPG15 Planning and the Historic Environment

RSS Policies DP1 Previously Developed Land; L2 Housing Supply; RT1 Public Transport Links

UDP Policies D1 and D2 Design; D7 Conservation Areas; D8 Demolition in Conservation Areas; H3 Housing; N7 Trees; N8 Protected Trees

39 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 Chorley New Road Conservation Area

Impact on Chorley New Road Conservation Area Policy D7 of the UDP seeks to permit development proposals which ensure that the character of the Conservation Area should be preserved or enhanced. Policy D7 states proposals should be of an appropriate size and retain features, trees, open spaces that contribute to the character and appearance of the Conservation Area. Policy D8 appies to the retention of unlisted buildings or features which contribute to the character of the Conservation Area.

The site itself is large and reflective of the spacious feel and woodland character epitomised by the whole Conservation Area. Adjoining residential properties do not offer a consistent design approach, although many are relatively modern. The area has the characteristics of a suburban estate. It is moreover considered that the existing dwelling is not of significant architectural merit and its loss would not detract from the character of the Conservation Area provided there is an acceptable replacement scheme.

The proposed replacement development is considered to be reflective of the spacious character of the area, furthermore there are similar designs which are evident in other parts of the Conservation Area. The density of the new development is appropriate for the site.

Consequently the proposal is deemed to be acceptable and compliant with policies D1, D2, D7 and D8 of the UDP.

Conclusion The application for Conservation Area consent is recommended for approval.

40 Representation and Consultation Annex

Representations Letters:- two letters have been submitted, both objecting to the scheme. Comments are to the effect that:

· the development will not be in keeping with the area; · the proposed replacement scheme is not acceptable and will create a unsightly gap in the Conservation Area; · the surrounding houses are set within spacious garden areas; · other houses are not within close proximity to other developments; · and a previous application has been refused.

Consultations Advice was sought from the following consultees; the Council's Highways Engineer, Urban Design and Conservation Officer and the Greater Manchester Ecology Unit.

Planning History Consent was granted for the erection of a carport. Ref: 13273/80;

Permission was refused for the demolition of the existing dwelling and the erection of three dwellings (Ref: 74493/06). Following the refusal the applicant appealed the decision, however later withdrew this. The reasons for refusal are outlined below.

· The proposal, by virtue of its layout, would result in a loss of openness and spacious character and therefore it is considered that the proposal would not preserve or enhance the character and appearance of the Chorley New Road Conservation Area and is contrary to Policy D7 of the UDP. · The proposal, by virtue of its siting and design, is not considered to be compatible with its surroundings in terms of layout, density and architectural style and is therefore contrary to Policy D2 of the UDP.

· The proposal has not sufficiently taken into account provision for vehicle servicing and access arrangements and is therefore contrary to Policy A5 of Bolton's Unitary Development Plan.

Permission was refused to for Conservation Area consent to demolish the existing dwelling. Ref: 74488/06.

42 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The works must be begun not later than the expiration of three years beginning with the date of this consent.

Reason

Required to be imposed pursuant to Section 18 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No work subject of this consent shall be commenced until a minimum of 14 days notice in writing has been given the Local Planning Authority.

Reason

To enable the Local Planning Authority to inspect the approved works and ensure the character and appearance of the Listed Builiding are not detrimentally affected.

Notes:

Unitary Development Plan

D1 and D2 as the application displays good urban design which would preserve local distinctiveness; D7 as the development would preserve and enhance the character and appearance of the surrounding Conservation Areas;

D8 as the demolition of the existing dwelling is proposed;

H3 as the housing development site is accessible; the development would help to provide a wider choice and better mix of housing types, sizes and tenures; the existing and potential infrastructure has the capacity to absorb the development; and the site has been previously developed

N7 as new tree planting and maintenance together are proposed together with habitat management and creation through landscape improvements and the benefit of the development outweighs the loss of some trees and hedgerows;

N8 as the removal of the trees protected by Tree Preservation Orders is to form part of the development scheme;

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

L2 as the development will increase housing supply;

RT1 as the development is well connected to public transport links;

43 44 Date of Meeting: 02 April 2009 Item Number: 4

Application Reference: 81758/09

Type of Application: Full Planning Application Registration Date: 23/02/2009 Decision Due By: 20/04/2009 Responsible Andrew McGlone Officer:

Location: 13 RAVENSWOOD DRIVE, BOLTON, BL1 5AJ

Proposal: DEMOLITION OF DWELLING AND ERECTION OF TWO 5-BED DETACHED DWELLINGS WITH INTEGRAL GARAGES

Ward: Heaton and Lostock

Applicant: Mrs Colin Agent : A S C Designs Ltd.

Officers Report

Proposal Permission is sought to demolish the existing dwelling and erect two replacement dwellings. The two new units are of a detached nature and would provide family accommodation. An arts and crafts style of architecture is proposed, principal windows can be found in the front and rear elevations of both dwellings. Dwelling 1 will measure 12 metres in width, 10.7 metres in length and 9 metres to the ridge, whilst dwelling 2 will be 15 metres in width, 9.3 metres in length, with a 6.3 metre wide garage added on and a ridge height of 8 metres.

A shared access would serve the development; the existing access point would be used, with separate driveways leading from it. Each plot would have a double garage. Amenity space would be provided to the front and rear of the dwellings, whilst the boundaries would retain a strong landscape barrier.

Conservation Area Consent for the demolition is also considered elsewhere on this agenda. Ref: 81759/09.

Policy PPS1 Delivering Sustainable Development; PPS3 Housing; PPG15 Planning and the Historic

45 Environment

RSS Policies DP1 Previously Developed Land; L2 Housing Supply; RT1 Public Transport Links

UDP Policies H3 Housing, D2 Design, D7 Conservation Areas, A5 Roads, Paths, Servicing and Car Parking, A6 Parking Standards; N7 Trees, N8 Protected Trees; EM4 Contaminated Land

PCPN2 Space around Dwellings; PCPN7 Trees; PCPN10 Crime; PCPN19 Conservation Areas; PCPN27 Housing Development

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 Principle of Residential Development * impact on the Character and Appearance of the Chorley New Road Conservation Area * impact on the Living Conditions at Adjacent Properties * impact on Trees * impact on Highway Safety and Vehicular Access on Ravenswood Drive * impact on Bats

The Principle of the Residential Development PPS3 ‘Housing’ stresses the importance of using existing towns and urban areas. Furthermore any development should be located where it is accessible to jobs, shops and services by modes of transport other than cars. Development should make efficient use of land. UDP policies are reflective of national guidance.

The land by virtue of the presence of an existing dwelling falls within the definition of previously developed land. The site is also well served by public transport along Chorley New Road and is a sustainable location for the purposes of national and local policy.

Impact on the Character and Appearance of the Chorley New Road Conservation Area Policy D2 of the UDP requires proposals to contribute to good urban design and be compatible with the surrounding area by virtue of their layout, density, height, massing, architectural style, materials and landscaping. Policy D7 seeks new development proposals to preserve and enhance Conservation Areas.

Dwellings in this area are reflective of the spacious feel and woodland character epitomised by the whole Conservation Area. The surrounding residential developments offer a variety of

46 designs, however, there are units on Ravenswood Drive which are relatively modern. This proposal reflects that suburban feel in the area.

In an earlier application three dwellings were proposed, two of which were in a similar position to the two subject of this application, the other was in the garden area to the front. It was felt this represented an overdevelopment of the site, leading to the loss of the sense of space. Furthermore the proposed designs were not considered to be of a suitable standard for the Conservation Area.

It is considered the current proposal retains a sense of space through the loss of one unit, also the design is similar to that found elsewhere in the Conservation Area, the siting also maintains the character of the entrance into Ravenswood Drive from Chorley New Road.

The proposal complies with policies D1, D2 and D7 of the UDP.

Impact on the Living Conditions at Adjacent Properties PCPN2 sets out minimum interface distances to ensure new development do not affect the privacy or amenity of existing residential properties.

Principal windows are set in the front and rear elevations of the proposed dwellings (east/west). The front elevation interface distance to 1 Ravenswood Drive is well over 60 metres, well in excess of the provisions in PCPN2. To the rear, towards the Rowans, the shortest interface distance is 24 metres on plot 1, with this extending to 35 metres for plot 2. Both distances are over and above the minimum distances specified in PCPN2

Impact on Trees UDP Policy N7 states that the Council will not permit development which results in the loss of trees of visual, historic or amenity importance. By virtue of the location in a Conservation Area all trees on this site are protected.

The site benefits from extensive landscaping, particularly around the side and rear boundaries of the site. This is to be retained as part of the development. Amendments have been made to move plot 1 further forward to increase the separation distance to a tree close to the boundary with no. 12 Ravenswood Drive.

The proposal complies with policy N7 of the UDP.

Impact on Highway Safety and Vehicular Access on Ravenswood Drive UDP Policy A5 requires new development to make adequate provision for access, parking and servicing. Policy A6 requires proposals to provide sufficient off road car parking provision.

The proposal intends to use the existing egress point onto Ravenswood Drive, this would be shared. Once inside the site separate driveways would lead to the respective properties. Each unit contains provision for a double garage, with space to the front to enable vehicles to manoeuvre. The highway engineer does not raise any concern at this arrangement.

The proposal is considered to comply with policies A5 and A6 of the UDP.

Impact on Bats Evidence has been submitted indicating bats are or have been present within the existing dwelling. They are a protected species. The bat survey recommends further survey work is

47 carried out and a licence is applied for prior to the demolition of the building. Alternative accommodation should be provided in the new dwellings to preserve the favourable status of the species.

The report recommends further survey work needs to be carried out and appropriate measures need to be undertaken to preserve bat habitats and the favourable status of the species. Furthermore, the applicant needs to apply to Natural England to obtain a license. The Greater Manchester Ecological Unit are in agreement with the recommendations.

Conclusion The proposal would increase family housing supply without causing a detrimental impact on the Conservation Area. It is considered the proposal will integrate well into the urban grain and it has an architectural style which is suitable for this plot. The proposal has retained the character of the Conservation Area in that a large spacious frontage will still be viewed from Chorley New Road and established landscaping will be retained on this site, to the benefit of the wider area. Members are accordingly recommended to approve the application subject to conditions.

48 Representation and Consultation Annex

Representations Letters:- one letter has been submitted, it objects to the proposal on the grounds that the development will not be in keeping with the area, the surrounding houses are set within spacious garden areas, other houses are not within close proximity to other developments and a previous application has been refused.

Consultations Advice was sought from the following consultees; highway engineer, environmental health, tree and woodland officer, design and conservation officer, Greater Manchester Ecology Unit and United Utilities.

Planning History Consent was granted for the erection of a carport. Ref: 13273/80;

Permission was refused for the demolition of the existing dwelling and the erection of three dwellings. The reasons for refusal are outlined below. Following the refusal the applicant appealed the decision, however later withdrew this. Ref: 74493/06

· The proposal has not sufficiently taken into account provision for vehicle servicing and access arrangements and is therefore contrary to Policy A5 of Bolton's Unitary Development Plan.

Permission was refused for Conservation Area consent to demolish the existing dwelling. Ref: 74488/06.

49 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 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 by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No development shall be commenced until samples of the facing materials to be used for the external walls and roof(s) have been submitted to and approved in writing by the Local Planning Authority.

Reason

3. Prior to the commencement of development, a detailed specification for all doors and windows hereby approved shall be submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

To ensure the development safeguards the character and visual appearance of the locality.

4. No development shall be commenced unless and until a detailed scheme showing the design, location and size of a bin store has been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the development is brought into use, and retained thereafter.

Reason

To ensure the development safeguards the character and visual appearance of the locality and the living conditions of nearby residents.

5. No development shall be commenced until full details of existing and proposed ground levels within the site and on land adjoining the site by means of spot heights and cross-sections; proposed siting and finished floor levels of all buildings and structures, have been submitted to and approved by the Local Planning Authority. The development shall then be implemented in accordance with the approved level details.

Reason

To ensure the development safeguards the character and visual appearance of the locality and to safeguard the living conditions of nearby residents particularly with regard to privacy and outlook.

6. Phase II Report Should the approved Phase I Report recommend that a Phase II Report is required, then prior to commencement of any site investigation works, design of the Phase II site investigation shall be submitted to, and approved in writing by, the Local Planning Authority. Site investigations shall be carried out in accordance with the approved design and a Phase II Report shall then be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of development. The Phase II Report shall include the site investigation data, generic quantitative risk assessment, detailed quantitative risk assessment (if required) and recommendations regarding the need or otherwise for remediation. Should the Phase I Report recommend that a Phase II Report is not required, but during construction

50 and prior to completion of the development hereby approved, contamination or gas migration is found or suspected, the developer shall contact the Local Planning Authority immediately and submit proposals for investigation and remediation of the contamination or gas migration within seven days from the date that it is found or suspected to the Local Planning Authority for approval in writing. Options Appraisal Should the Phase II Report recommend that remediation of the site is required then unless otherwise agreed in writing with the Local Planning Authority, no development shall commence unless or until an Options Appraisal has been submitted to, and approved in writing by, the Local Planning Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. Implementation of Remediation Strategy No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: · Detailed remediation design, drawings and specification; i) Phasing and timescales of remediation; ii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; and iii) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: iv) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and v) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

7. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Ravenswood Drive has been constructed and laid out entirely in accordance with details which will have been submitted to and approved by the Local Planning Authority.

Reason

In the interests of highway safety.

8. The development hereby approved/permitted shall not be brought into use unless and until that part of the site to be used by vehicles has been laid out, drained and surfaced in accordance with details to be submitted to and approved by the Local Planning Authority and shall thereafter be made available for the parking of cars at all times the premises are in use.

Reason

To encourage drivers to make use of the parking and circulation area(s) provided.

Reason

51 In order to avoid damage to tree(s) within the site which are of important amenity value to the area.

Reason

In order to avoid damage to tree(s) within the site which are of important amenity value to the area.

Reason

12. Before development commences details of the treatment to all boundaries to the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is first occupied or brought into use and retained thereafter.

Reason

To ensure adequate standards of privacy are obtained and to enhance the setting of the development within the landscape character of the locality.

13. Trees and shrubs shall be planted on the site in accordance with a landscape scheme to be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall be carried out within 6 months of the occupation of any of the buildings or the completion of the new development, whichever is the sooner, or in accordance with phasing details included as part of the scheme and subsequently approved by the Local Planning Authority; any trees and shrubs that die or are removed within five years of planting shall be replaced in the next planting season with others of similar size and species.

Reason

To soften the development proposed and to enhance and improve the setting of the development within the landscape of the surrounding locality.

14. Prior to commencement of the development hereby approved, details for the provision of a bat boxes within the overall development scheme shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented entirely in accordance with the approved details before the dwelling to which it relates have been occupied, and retained thereafter.

Reason

To mitigate against the loss of the habitat of protected species.

Notes:

52 Unitary Development Plan

N8 as the removal of the trees protected by Tree Preservation Orders is to form part of the development scheme;

EM4 as investigation into land contamination has been carried out and suitable mitigation measures would be secured by a planning condition;

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

D7 as the development would preserve and enhance the character and appearance of the surrounding Conservation Areas;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards;

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

L2 as the development will increase housing supply;

RT1 as the development is well connected to public transport links;

53 54 Date of Meeting: 02 April 2009 Item Number: 5

Application Reference: 80855/08

Type of Application: Conservation Area Consent Registration Date: 01/09/2008 Decision Due By: 27/10/2008 Responsible Helen Williams Officer:

Location: THE LAURELS, MARKLAND HILL, BOLTON, BL1 5AL

Proposal: CONSERVATION AREA CONSENT TO DEMOLISH OUTBUILDINGS AND TWO STOREY EXTENSION

Ward: Heaton and Lostock

Applicant: Mrs Taylor & Seddon Homes Limited Agent : Indigo Planning Limited

Officers Report

Proposal Conservation area consent is sought for the demolition the property's 1950s two storey rear extension and a number of outbuildings, which include a coal store, boiler room, garage and summer house. The Applicant also proposes the removal of the western gable of the existing property to form a hipped roof, the removal of the existing attic window on the eastern elevation, and external alterations involving improvements to existing brickwork where visible.

The demolished extensions will be replaced by a new two storey extension on the rear of The Laurels.

This application accompanies a full planning application for the erection of the new extension and the residential development of the remainder of The Laurels' site (81665/09). The report for this application is to be found elsewhere within this Committee report.

Site Characteristics The application site measures 1.28 hectares and is within Chorley New Road Conservation Area.

55 The application site is covered by Tree Preservation Order 5 (Heaton) and contains a large number of quality mature trees, together with large rhododendron and laurel bushes.

Policy PPG15 Planning and the Historic Environment

RSS13 North West

UDP Policies: D1, D2 Design; D7 Conservation Areas; D8 Demolition of Buildings in Conservation Areas.

PCPN19 Conservation Areas

Conservation Area Character Assessment: Chorley New Road.

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 character and appearance of the conservation area

Impact on the Character and Appearance of the Conservation Area Policy D8 of the UDP states that the Council will permit development proposals involving the demolition of an unlisted building or feature within a conservation area that contributes to its character or appearance provided that the Applicant can demonstrate that:

(i) rehabilitation is impractical and there is no viable new use for the building; and (ii) redevelopment would produce substantial benefits for the community that would outweigh the loss resulting from demolition; and (iii) detailed proposals for the reuse of the site, including any replacement building or other structure, have been approved by the Council which incorporates agreements made to ensure that the replacement works will be carried out within a specified timescale.

Policy D7 of the UDP states that the Council will permit development proposals that preserve or enhance the character and appearance of conservation areas.

56 The application site is within the Chorley New Road conservation area. The Laurels is a modest residential dwelling that was built around the 1870s. The building is not listed, nor is it identified within the Council's Conservation Area Character Assessment for Chorley New Road conservation area as being a building of particular value. However, it is considered by the Council's Design and Conservation Officers that the dwelling contributes significantly to the conservation area and therefore should be retained within any development proposals for the site.

Conservation area consent is being sought for the demolition of a rear extension to the Laurels and the demolition of various outbuildings, including a coal store, boiler room, garage and summer house. The two storey rear extension was built in the 1950s and the various outbuildings have been constructed since The Laurels was first built. None of the extensions or features identified for demolition are considered to contribute to the character and appearance of the original dwelling or the conservation area. The demolition of these features is therefore considered to be acceptable.

The Applicant proposes to replace the rear extension and outbuildings with a new two storey extension to the rear of the dwelling. Permission for this extension is sought within application 81665/09, the report for which can be found elsewhere in this Committee report. It is considered that the replacement extension will preserve and complement the character of the dwelling and the conservation area.

The proposed demolition is therefore considered to comply with Policies D7 and D8 of the UDP.

Conclusion It is considered that the proposed demolition of the two storey rear extension and various outbuilding is acceptable and complies with conservation policies. The application is therefore recommended for approval.

57 Representation and Consultation Annex

Representations Letters:- four letters of objection have been received from residents of 3 and 4 Ashleigh Drive, 6 Bloomfield and 6 Ravenswood Drive about the overall scheme but these do not raise concerns about the demolition of the extensions.

Consultations Advice was sought from the following consultees; Design and Conservation Officers, Tree and Woodlands Officer, and the Wildlife Liaison Officer.

Planning History A full planning application for the erection of a two storey extension to The Laurels and the erection of 6 new dwellings together with associated garages, car parking and landscaping has been submitted to the Council (81665/09). This application is to be heard in conjunction with the conservation area consent application.

An application for a two storey extension to The Laurels, the erection of four detached dwellings with garages and the erection of one four storey building to form ten three bedroom apartments with garages was withdrawn by the Applicant on 9th December 2008 (80852/08).

Various applications for the felling and pruning of trees within the site have been approved or refused over the years (30724/88, 46223/94, 53678/98, 56053/99, 62927/02 and 69626/04).

58 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The works must be begun not later than the expiration of three years beginning with the date of this consent.

Reason

2. No work subject of this consent shall be commenced until a minimum of 14 days notice in writing has been given the Local Planning Authority.

Reason

To enable the Local Planning Authority to inspect the approved works and ensure the character and appearance of the conservation area are not detrimentally affected.

Notes:

Unitary Development Plan

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

D7 as the development would preserve and enhance the character and appearance of the Conservation Area; D8 as the proposed demolition will preserve the character of the Conservation Area.

Regional Spatial Strategy

EM1(c) as the development will protect and conserve the traditional architecture of the conservation area.

59 60 61 62 Date of Meeting: 02 April 2009 Item Number: 6

Application Reference: 79414/08

Type of Application: Full Planning Application Registration Date: 01/05/2008 Decision Due By: 31/07/2008 Responsible Helen Williams Officer:

Location: HORWICH RMI, CHORLEY NEW ROAD, HORWICH, BOLTON, BL6 5XX

Proposal: ERECTION OF 27 ONE-BEDROOM AND 18 TWO-BEDROOM SHELTERED APARTMENTS FOR THE ELDERLY AND HOUSE MANAGER'S ACCOMMODATION TOGETHER WITH LANDSCAPING AND PARKING DETAILS

Ward: Horwich and Blackrod

Applicant: McCarthy & Stone (Devs) Ltd. Agent : The Planning Bureau Ltd.

Officers Report

Background This application was deferred at the Committee meeting of 5th March 2009 to allow Horwich Town Council to comment on the amended plans.

The application was initially deferred at the Committee meeting of 22nd January 2009 in order for the Applicant to consider the following amendments:

1. Reduce the scale of the development; 2. Increase the provision of car parking to between 50-75% 3. Improve vehicle circulation within the car park to enable emergency services, waste collection and ring and ride vehicles to enter and leave the site in forward gear; 4. Provide details of a ball stop fence.

Amended plans were received by the Council on 18th February 2008. Neighbours have been informed of these amended plans.

The proposal has been amended in the following ways:

1. Scale of development The number of apartments proposed within the development has been reduced from 48 to 45 (a reduction of 3 apartments). The number of two bedroom apartments have however increased to 18 (from 12), but the number of one bedroom apartments have decreased to 27 (from 36). There is no reduction in the scale or height of the building. The only changes to the appearance of the building are slight amendments to the fenestration to accommodate the internal alterations.

63 2. Car parking The number of car parking spaces within the application site have been increased to 23 from 16, an increase of just under 70%. This equates to 1 parking space for every 2 apartments (51% provision). The amount of green space to the front of the entrance of the building has therefore been reduced to accommodate the additional 7 spaces.

3. Vehicle circulation The car park for the development has been rearranged so that on-site vehicle circulation space has been improved so that refuse vehicles, emergency services and ring and ride vehicles will be able to enter and leave the site in forward gear. The submitted amended plans show the predicted swept paths for vehicles entering and leaving the site.

4. Ball stop fence The Applicant has not submitted any details for a ball stop fence. The Applicant has stated that, whilst they understand Members' wishes, they query the justification behind the request for the ball stop fence given that there is no such obligation attached to the previous approved residential scheme on the site. They feel that it would be an unduly onerous requirement given that there are no material differences between this current scheme and the previously approved scheme. A resident of 49 Gresley Avenue has also objected to the erection of a ball fence at the bottom of their garden.

The report below has been amended from the report presented to Members at the first Committee meeting as it now takes into account the amended plans.

Proposal Permission is sought for the erection of a three storey building, with a four storey corner element, on land formerly part of the Horwich RMI car park. The proposed building is to accommodate 45 private sheltered apartments for the elderly (27 one bedroom apartments and 18 two bedroom apartments) along with accommodation for a house manager and communal facilities for the residents (such as a residents' lounge and laundry). The building is to be sited in an "L" shape along Chorley New Road and the adjacent bowling green.

The initial plans for the application proposed 48 private sheltered apartments for the elderly (36 one bedroom apartments and 12 two bedroom apartments).

23 car parking spaces are now proposed within the site. 16 spaces were initially proposed before the amended plans were received. Access to the parking area is proposed through the remaining RMI car park via the existing access to the RMI club.

Planning permission has already been granted on the site for a three storey building containing 24 apartments (74608/06). The main differences between this current proposal and the approved proposal is that the number of proposed apartments has almost doubled in the new application, the footprint of the building has increased, a fourth storey element has been added at the corner of Chorley New Road and the bowling green, the apartments are for sheltered accommodation (instead of private ownership/rental) and the number of car parking spaces have been reduced from 34 to 23.

Site Characteristics The application site measures 0.25 hectares and was formerly the north western half of the Horwich RMI car park. The site has now been fenced off by the developer and is fronted by a low level wall with railings. Four mature trees adjoin the site along the frontage of the car parking area for Horwich RMI.

64 The remainder of the Horwich RMI car park adjoins the application site to its south east. The single storey, flat roofed RMI club building lies beyond the car park. To the south of the site runs Chorley New Road, which contains both two storey and three storey Victorian red brick terraced properties. Horwich War Memorial is located immediately opposite the site on Chorley New Road. To the north west of the application site is a bowling green and to the east is a cricket ground. The northern corner of the application site adjoins the rears of houses on Gresley Avenue.

Policy PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport

RSS13 North West

UDP Policies: N7 Trees, Woodland and Hedgerows; EM2 Incompatible Uses; EM4 Contaminated Land; D2 Design; D3 Landscaping; O4 Open Space; CP4 Health and Community Facilities; A5 Road Network; A6 Parking Standards; H3 Housing Applications; H4 Affordable Housing; Appendix 7 Car Parking Standards.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN10 Planning Out Crime; PCPN21 Highways Considerations; PCPN27 Housing Developments.

Interim Affordable Housing Planning Guidance Note (Feb. 2008) SPG Sustainable Design and Construction

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:- vi) impact on urban regeneration * impact on the character, appearance and amenity of the surrounding area * impact on the highway * impact on existing infrastructure

65 housing is located where it is accessible to jobs, shops and services by modes of transport other than the car. The inefficient use of land should be avoided and to this end maximum use should be made of previously developed land.

The principle of residential development on the site has already been established under application 74608/06, for the erection of a three storey building consisting of 24 apartments.

Impact on the Character, Appearance and Amenity of the Surrounding Area Policy D2 of the UDP requires that the design of new buildings respect the character of the area in which they are situated and the amenities of neighbouring properties.

The proposed building will be three storeys in height, with a four storey element at the corner of Chorley New Road and the bowling green. The building is to be sited in an "L" shape along the Chorley New Road frontage and the side of the bowling green.

The Council's Design Officers consider that a proposed three storey perimeter development responds sympathetically to the urban context by providing building enclosure onto Chorley New Road. The proposed three storey building is also comparable with the three storey apartment building already granted planning permission on the site (74608/06) and with the two and three storey Victorian terraced properties along Chorley New Road. It is also considered that the four storey corner element on the western corner of the building adds interest to the elevations and capitalises on an important viewpoint on Chorley New Road. The Design Officers confirm that the architectural language of the scheme takes reference from the Victorian terraces opposite the site, proposing predominantly red brick facades and vertically proportioned window openings, translated into a contemporary style.

It is felt that the proposed building will make a positive contribution to the street and is an improvement to the previous approved apartment scheme on the site. As such, the proposal is considered to comply with Policy D2 of the UDP.

The nearest existing residential property to the proposed building is 49 Gresley Avenue, which is opposite the northern corner of the proposed building. The rear elevation of 49 Gresley Avenue does not directly overlook the northern corner of the building and therefore no main windows will be affected by the proposal. The Applicant has also submitted with the application a "site layout for sunlight and solar gain" (based on BRE information paper IP4/92) showing how the proposed building will not impact to any greater extent than the previously approved apartment building (74608/06) on the rear of 49 Gresley Avenue. Other surrounding residential properties are further away from the site than 49 Gresley Avenue. It is therefore considered that the proposed apartment building complies with PCPN2 "Space Around Dwellings".

The siting of the proposed building will result in the loss of a medium sized mature ash tree adjacent the site on the frontage of the RMI car park. The Council's Tree Officers have confirmed that the loss of one tree will not have a significant impact on the street scene. Furthermore, replacement planting within the site could be secured by condition. The application is therefore also considered to comply with Policies N7 and D3 of the UDP.

Impact on the Highway UDP Policy A5 and PCPN21 both seek to ensure developments which would not have an adverse impact upon the road network and which make appropriate provision for parking, the needs of pedestrians and vehicle manoeuvring. Policy A6 of the UDP relates to the

66 Council's maximum car parking standards.

Access into the application site is proposed off Chorley New Road, through the car park for the RMI, using the same access as that which serves the club. This proposed access into the site has already been approved in principle within application 74608/06 for 24 apartments. The Council's Highways Engineers raise no objection to the access serving the initially proposed 48 sheltered apartments (now 45 sheltered apartments).

23 car parking spaces are proposed for the 45 sheltered apartments for the elderly. The previous application for 24 apartments (not specifically for the elderly) had 34 car parking spaces proposed within the site.

The Applicant, McCarthy and Stone, has stated that, in their experience (having over 900 similar schemes in the UK), some 80% of residents in such accommodation are owner occupiers from within the local community, the majority being elderly ladies with an average age of 78. They also state that, in their experience, sheltered accommodation is an extremely low traffic generator and residents either tend not to own a car or are looking to relinquish the burden and expense of car ownership. The level of car parking proposed within the scheme is similar to other schemes, which have been found to be suitable for the needs of residents, visitors and staff. The submitted Transport Assessment also states that the proposed sheltered housing development will actually generate less traffic than the previously approved 24 apartments on the site.

The submitted Transport Assessment was forwarded to Greater Manchester Transport Unit (GMTU) for their comments. GMTU assessed the submitted information and concluded that the peak requirement for the proposed development would be 18 parking spaces. The Applicant is now proposing 23 car parking spaces, which is 5 spaces more than required by the GMTU.

The amended plans for the development also now show the vehicle circulation space for larger vehicles (such as refuse vehicles, emergency services and ring and ride) within the car park for the apartments. The Council's Highways Engineers have raised no concern with the amended plans but request that one of the proposed new trees is deleted from the plans to allow for better manoeuvrability for bin wagons.

It is considered that the proposed sheltered accommodation scheme for the elderly would not have a detrimental impact on the highway and is therefore considered to comply with Policies A5 and A6 of the UDP.

Impact on Existing Infrastructure The previous planning approval on the application site (74608/06 for the erection of 24 apartments) required the Applicant to pay the Council the sum of £44,767.20 at the commencement of the development for off-site provision of community facilities to be utilised by the Horwich RMI Club towards the improvement and maintenance of drainage works at the new Horwich RMI sports pitches at Hilton Avenue, Horwich. The Applicant for this current application has agreed to provide this sum of money, before commencement of development, through a Section 106 Agreement.

The Council's Interim Affordable Housing Planning Guidance Note seeks to secure a provision of affordable housing on all new build sites and developments where there is a change of use for 15 units or above and sites 0.3 hectares or above. Based on the recommendations contained within the Housing Needs Survey research, historical affordable

67 housing delivery and experience of site viability, the Council looks to secure 35% affordable housing provision on development sites. The Council in most circumstances will look for the affordable housing requirement to be met fully on-site as part of the developer's own scheme. However, in exceptional circumstances, the onus falls on the developer to demonstrate how and where affordable housing obligations should be discharged.

The Applicant has submitted a financial appraisal for the proposed scheme that concludes that the scheme would be unviable if they were to provide affordable units. This appraisal was forwarded to the Council's Corporate Property Section to assess and meetings have been held between the Applicant, Council's Surveyor, Planning Officer and Strategic Housing Officers to discuss the findings of the appraisal.

The Council's Surveyor confirms that the submitted financial appraisal appears to be realistic and that the appraisal illustrates that there would be a negative residual value for the scheme if a sum for affordable housing was provided which the Applicant argues is likely to mean that the site will not come forward for development. The Council's Surveyor has also prepared an alternative appraisal incorporating the amount the Applicant has paid for the site and adjusted it to show an amended build price and a different profit margin; this still produces a negative residual figure. In these circumstances the Surveyor is satisfied that the appraisal cannot support any further commuted sum payments for the development (other than the community facility sum) and would therefore accept that the Applicant cannot provide any off-site provision for affordable housing.

It is therefore accepted that the Applicant can only realistically provide the requested £44,767.20 for off-site community facilities and therefore it is considered that the proposal complies with Policies H3 and H4 of the UDP and the Council's Interim Affordable Housing Planning Guidance Note.

The proposed development is not subject to a health contribution as elderly persons' accommodation is exempt within PCPN1 (para. 29).

Value Added to the Development The proposed development would increase the provision of sheltered accommodation for the elderly within Horwich. A sum of £44,767.20 would also be provided by the Applicant towards off-site provision of community facilities to be utilised by the Horwich RMI Club towards the improvement and maintenance of drainage works at the new Horwich RMI sports pitches at Hilton Avenue, Horwich.

Conclusion It is considered that the proposed development would be compatible with the appearance of the surrounding area, would not impact unduly on the living conditions of neighbouring residents and would not detrimentally impact on highway safety. It is also felt that the Applicant has sufficiently justified that the scheme would be unviable if they were to provide any affordable housing either on-site or off-site. Members are therefore recommended to delegate the decision to the Director to secure the community facilities contribution.

68 Representation and Consultation Annex

Representations Letters:- 2 further letters of objection have been received following notification of the amended plans from 49 Gresley Avenue and Horwich RMI. 15 letters of objection to the original plans were received from residents of 7, 9, 17, 19, 29 and 33 Ramsbottom Road, 3, 5, 7 and 9 Gresley Avenue, 194 and 295 Chorley New Road, 2 Penn Street and 428 Bolton Road, Kearsley. These letters raise the following objections:

* Not enough parking spaces have been proposed for the number of units proposed; * There will be an increase in parking problems in the area; * Visitors to the RMI will be forced to park on surrounding residential streets as there is a lack of off-street parking at the club; * There already is a lack of on-street parking for local residents; * Match days and weekends already result in a lot of visitors to the club (the car park is already overflowing in summer); * Elderly people do have cars and visitors; where will they park?; * There is already congestion in the surrounding residential streets due to parked cars; * The impact of this development along with other approved residential developments in Horwich will increase the congestion along Chorley New Road; * There will be highway and pedestrian safety implications; * The building is too high; * Impact on the appearance of the area; * Loss of outlook and privacy for neighbouring residents; * The height of the building will cast a shadow over the bowling green; * The site will encroach on the cricket pitch (this is not the case); * Property prices in the area will be affected (this is not a planning consideration).

Petitions:- a petition of objection from the RMI containing 250 signatures has been received.

Horwich Town Council:- raised objections to both the initial plans and the amended plans at their 19th June 2008 and 19th March 2009 meetings respectively, as it was considered that the proposed scheme would be unsuitable for the area, it would represent overdevelopment of the site and it would increase traffic congestion in the area.

Consultations Advice was sought from the following consultees: Highways Engineers, Conservation and Urban Design Officers, Pollution Control Officers, Tree Officer, Landscape Officers, Strategic Housing Officers, Corporate Property Surveyors, Greater Manchester Police's Crime Prevention Officers, the Environment Agency and United Utilities.

Planning History Planning permission was granted at Committee in April 2007 for the erection of a three storey building containing 24 apartments, designation of 34 car parking spaces, creation of bin/cycle store and landscaping (74608/06).

The renewal of temporary permission 58493/01 was granted in June 2003 for the siting of one Portakabin to be used for a taxi office (64560/03).

The use of part of the car park and existing Portakabin to operate a taxi business was approved in March 2001 (58493/01).

69 Recommendation: Delegate the decision to the Director

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 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 by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Phase II Report Should the approved Phase I Report recommend that a Phase II Report is required, then prior to commencement of any site investigation works, design of the Phase II site investigation shall be submitted to, and approved in writing by, the Local Planning Authority. Site investigations shall be carried out in accordance with the approved design and a Phase II Report shall then be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of development. The Phase II Report shall include the site investigation data, generic quantitative risk assessment, detailed quantitative risk assessment (if required) and recommendations regarding the need or otherwise for remediation. Should the Phase I Report recommend that a Phase II Report is not required, but during construction and prior to completion of the development hereby approved, contamination or gas migration is found or suspected, the developer shall contact the Local Planning Authority immediately and submit proposals for investigation and remediation of the contamination or gas migration within seven days from the date that it is found or suspected to the Local Planning Authority for approval in writing. Options Appraisal Should the Phase II Report recommend that remediation of the site is required then unless otherwise agreed in writing with the Local Planning Authority, no development shall commence unless or until an Options Appraisal has been submitted to, and approved in writing by, the Local Planning Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. Implementation of Remediation Strategy No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: * Detailed remediation design, drawings and specification; i) Phasing and timescales of remediation; ii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; and iii) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: iv) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and v) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

70 3. No development shall be commenced until samples of the facing materials to be used for the external walls and roof(s) have been submitted to and approved in writing by the Local Planning Authority.

Reason

4. Prior to the commencement of development, a detailed specification for all doors and windows hereby approved shall be submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

To ensure the development safeguards the character and visual appearance of the locality.

5. No development shall be commenced unless and until a detailed scheme showing the design, location and size of a bin store has been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the development is brought into use, and retained thereafter.

Reason

To ensure the development safeguards the character and visual appearance of the locality and the living conditions of nearby residents.

6. Trees and shrubs shall be planted on the site in accordance with a landscape scheme to be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall be carried out within 6 months of the occupation of any of the buildings or the completion of the new development, whichever is the sooner, or in accordance with phasing details included as part of the scheme and subsequently approved by the Local Planning Authority; any trees and shrubs that die or are removed within five years of planting shall be replaced in the next planting season with others of similar size and species.

Reason

To soften the development proposed and to enhance and improve the setting of the development within the landscape of the surrounding locality.

7. Before development commences details of the treatment to all boundaries to the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is first occupied or brought into use and retained thereafter.

Reason

To ensure adequate standards of privacy are obtained and to enhance the setting of the development within the landscape character of the locality.

8. Before the occupation of the dwelling(s) hereby approved, the windows of all habitable rooms to the south western elevation (facing Chorley New Road) shall be acoustically dual glazed to the standards of the Noise Insulation Regulations 1975 (as amended). An alternative would be to install sealed double glazed units comprising glass of 10mm and laminated 6.4mm with a 12mm air gap. The unit shall be installed in accordance with the manufacturer's recommendations to avoid air gaps when fitting the frames. Alternative means of ventilation, which must be sound attenuated shall be provided.

Reason

To safeguard the living conditions of prospective residents.

71 9. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Chorley New Road has been constructed and laid out entirely in accordance with details which will have been submitted to and approved by the Local Planning Authority.

Reason

In the interests of highway safety.

10. The development hereby approved/permitted shall not be brought into use unless and until that part of the site to be used by vehicles has been laid out, drained and surfaced in accordance with details to be submitted to and approved by the Local Planning Authority and shall thereafter be made available for the parking of cars at all times the premises are in use.

Reason

To encourage drivers to make use of the parking and circulation area(s) provided.

11. Notwithstanding the approved plans, prior to commencement of development a scheme indicating the provision to be made for not less than 2 car parking spaces or 6% of the total car parking spaces, whichever is the greater, shall be submitted to and approved by the Local Planning Authority. The approved car parking area shall be laid out and reserved at all times for use by drivers with disabilities before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

12. No development shall commence unless and until a method statement for the eradication and subsequent monitoring and control with warranties of the Japanese knotweed present on site has been submitted to and approved by the Local Planning Authority. Work shall then be carried out in accordance with the approved method statement.

Reason

There is Japanese knotweed present on site.

Notes:

. The Council has granted planning permission, subject to the conditions listed above, because the proposed development is in accordance with all relevant policies of the Development Plan (the UDP and the Regional Spatial Strategy Plan for the North-West), as is required by Section 38 of the Planning and Compulsory Purchase Act 2004. There are no material considerations, as specified in the Planning Officer Report, that outweigh this justification to support the grant of planning permission. A summary of the relevant Development Plan policies pursuant to Article 22 of the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003 and how the proposed development relates to these policies is set out below.

Unitary Development Plan N7 as the benefits created by the new development and the proposed new tree planting on the site outweighs the loss of one tree;

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development by reason of pollution;

EM4 as investigation into land contamination has been carried out and suitable mitigation measures would be secured by a

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

72 O4 as there is scope for the provision of landscaping and amenity open space within the development;

CP4 as the development will secure community facilities through a Section 106 Agreement;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards;

H4 as the Applicant has sufficiently justified that the proposed scheme would be unviable if affordable housing provision was provided within the scheme.

H5 as the net site density of the housing provision will exceed the minimum requirement of 30 dwellings per hectare.

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and

L2 as the development will increase housing supply;

RT1 as the development is well connected to public transport links;

RT2 as the existing highway network will be maintained;

RT6 as the development will not exceed regional maximum parking standards; EM2 as all land contamination will be remediated.

73 74 75

76 77 78 Date of Meeting: 02 April 2009 Item Number: 7

Application Reference: 81662/09

Type of Application: Full Planning Application Registration Date: 06/02/2009 Decision Due By: 03/04/2009 Responsible James Berggren Officer:

Location: 80 AUBURN STREET, BOLTON, BL3 6UE

Proposal: ERECTION OF A TWO STOREY EXTENSION TOGETHER WITH DORMER TO REAR

Ward: Rumworth

Applicant: Mrs R Patel Agent : Mr S Saund

Officers Report

Background The application was deferred at the last meeting to allow a site visit to be made.

Three letters have been received from doctors confirming that the applicants’ two children suffer from medical conditions that require treatment. One child suffers from asthma and the other suffers from psoriasis. It is clear from these letters of support that essential bathroom facilities are required, specifically for the psoriasis sufferer. The letters also stress the need for additional living space.

Proposal The applicant proposes the erection of a two storey extension together with a rear dormer. The proposed extension projects 6 metres and is 2.85 metres in width. A gap of 1 metre has been left to the side to allow access and bin storage.

Site Characteristics The property is a terraced dwelling located amongst a row of terraces.

Policy UDP Policies: D1 and D2 Design.

PCPN 3 - House Extensions

Applications which are not in accordance with Development Plan policies should be refused

79 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 character of the area. * impact on living conditions of the neighbouring properties. * impact on the living conditions of the occupiers

Impact on Character of the Area The proposed extension is considered to have an excessive projection at 6 metres. Existing extensions in the street scene are predominantly single storey and the proposed two storey extension would be out of character with the existing rear street scene and would appear too prominent. Notwithstanding this situation, the length at 6m is also contrary to the current position taken by Members for such extensions on terraced houses and is 50% longer than has generally been accepted by Committee as its' Policy Statement, in lieu of a formal change to the Council's Supplementary Planning Guidance Document on House Extensions (PCPN3).

Impact on Living Conditions of the Neighbouring Properties PCPN 3 states that the effect of a two storey or first floor extension is much greater than that of a single storey extension. The Council will therefore not normally grant permission for such extensions unless they are on detached dwellings or away from the affected party boundary on other types of properties.

The proposed extension is set on the boundary with number 82 Auburn Street and 1 metre away from the boundary with number 78 Auburn Street and by virtue of its size and projection, would have a detrimental impact upon the living conditions of the neighbouring properties, 78 and 82 Auburn Street, appearing over dominant and overbearing resulting in a significant loss of light and aspect. Whilst Members have developed a supportive approach to the needs of occupiers of similar properties, the extension as mentioned above is considerably longer than has been set by Committee as its' 'Policy Statement'.

Impact on the living conditions of the occupiers Bearing in mind that there are a number of full length single storey extensions in the street, the key issue here is related to the size of the first floor element. This is to provide an additional bedroom and it is considered that an extension at first floor level, with a 4 metre projection would be capable of providing the same accommodation. This would reflect the Council’s stance on extending smaller terraced houses and still give due consideration to the living conditions of the adjacent dwellings. A first floor extension of 4m projection would undoubtedly impact on the living conditions of neighbouring dwellings, a 6m extension would have a significantly greater impact.

Notwithstanding the support provided and after careful consideration of the issues, it is still considered that the proposed extension is unacceptable by virtue of the 6 m projection at

80 first floor level and the officer recommendation remains for refusal.

Conclusion The proposal does not comply with policies D1 and D2 of the UDP or the current criteria of PCPN 3 House Extension or the interim policy statement setting down general support for two storey extensions to terraced houses up to 4 metres long. There are no compelling reasons to depart from these elements of policy or guidance and Members are therefore recommended to refuse this application.

81 Representation and Consultation Annex Representations Councillor Adia and Councillor Ibrahim have expressed their support for the application.

Consultations No technical or specialist consultations were undertaken in view of the minor nature of the development proposed.

Planning History None relevant.

82 Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed extension would, by virtue of its design, height and siting be detrimental to the character and appearance of the area and in particular would impact detrimentally on the outlook and living conditions of neighbouring residents at 78 and 82 Auburn Street and is contrary to Policies D1 and D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

Notes:

83 84 85

86 87 88 Date of Meeting: 02 April 2009 Item Number: 8

Application Reference: 81722/09

Type of Application: Full Planning Application Registration Date: 24/02/2009 Decision Due By: 21/04/2009 Responsible Andrew McGlone Officer:

Location: 620 MANCHESTER ROAD, WESTHOUGHTON, BOLTON, BL5 3JD

Proposal: CHANGE OF USE FROM SHOP TO PRIVATE HIRE CONTROL OFFICE

Ward: Westhoughton North

Applicant: Mr Matthews Agent :

Officers Report

Proposal This application seeks to alter part of the ground floor of no. 620 to a private hire control room. It is the applicants intention to use the property as an office for taking telephone bookings.

Taxis in connection with this business are to be stationed around Westhoughton, with drivers working shift patterns. Up to ten drivers will be employed by the company. Drivers will park up and target Daisy Hill, Wingates and Bolton Road areas. At the weekend drivers would pair up at the aforementioned locations. No. 620 would not serve as a taxi rank nor as a waiting room for customers.

The applicant has stated that drivers would be able to use the kitchen and toilet facilities when not on duty. The applicant has stated that no vehicles will be using the back road behind no's 344 - 366, nor will the two parking spaces to the rear of no. 620 be used. The applicant seeks consent to operate between the hours of 7am to 1am, 7 days a week.

Site Characteristics Chequerbent roundabout is a busy highway junction between Park Road, Manchester Road and Snydale Road. The application site and its main entrance front onto the roundabout and is currently occupied as an office to the rear, granted consent in 2007 the office is used as an accountants, marketing and quantity surveying business. (Use Class B1) Residential properties can be found to the north and along Park Road, which extends to the north west of the premises. A back street runs behind the residential properties. In addition, there is a residential flat above the office.

Chequers restaurant is also sited on the roundabout, vehicular access comes directly from the roundabout itself. There is a limited amount of parking to be found here.

89 Policy UDP Policies A5 Highways; A9 Access for Persons with Disabilities; EM2 Incompatible Uses; EM3 Pollution.

Planning Control Policy Note 10 Planning Out Crime

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 highway safety * impact on the living conditions of residents

Impact on highway safety Policy A5 of the UDP seeks to ensure that new development proposals take into account a range of issues from pedestrians/cyclists, road design/construction to providing adequate car, cycle and motor cycle parking.

The proposal is to use the premises as a taxi booking office, the applicant has stated that no vehicles would come to the property or use the back land behind the residential properties on Park Road. Vehicles are to be stationed around the Westhoughton area.

It is considered, on the basis of the assurances given by the applicant regarding operations at the site involving two members of staff taking bookings only, that the proposed use would not create an undue impact on highway safety and more particularly on the use of the access to the rear of properties on Park Road.

Impact on the Living Conditions of Residents Policies EM2 and EM3 strive to protect the amenity and living conditions on adjoining uses. In this case this would be neighbouring properties on Park Road and a flat above the proposed ground floor use.

Historically the building has been used for a number of activities, such as a printing office, retail shop and dance studio. There is an existing office use found in the rear part of the building. Although a taxi control room doesn't fall within an office use the property would be used in a similar manner to one. The office use to the rear would operate independently to the proposal. Such uses are considered to be appropriate within a residential environment as they are considered to be compatible uses.

A private hire control room use is not likely to generate smell, health, lighting or safety

90 issues. The main issues to consider are therefore noise and traffic, the main sources of each are most likely to be vehicle movements to the rear of the premises or doors slamming, especially during unsociable hours. Given though that the application states no vehicles are to be coming to the premises it would therefore be unreasonable to assume that there will be noise and traffic related issues generated.

The hours of use between 7am and 1am are prolonged periods of time to be operational. The use of the property would be similar to that of an office and, by virtue of the number of persons operating the property (two), would be no different to previous consents as a retail unit. Furthermore no members of the public would be visiting the premises. It is considered a twelve month consent would provide sufficient time for officers to monitor how the operation would work in practice, also conditions are recommended to prevent staff from visiting the premises between 10pm and 1am.

Value Added to and by the Development The proposal would allow for the provision of a new business within the Westhoughton area.

Conclusion It is considered that the use of the building for a private hire booking office is acceptable, given that there will be a limited number of vehicles visiting the site and subject to the imposition of a number of planning conditions, the proposal would have a limited impact on existing residential properties in the area.

Therefore, on balance, Members are accordingly recommended to approve the application subject to conditions.

91 Representation and Consultation Annex

Representations Letters:- ten letters have been received, nine object to the proposal, the other comments on the proposal. The grounds for objection are as follows: vi) the back road will be used by taxis 24/7; · there will be an increase in vehicles using the back road, which is not safe; · the proposal would devalue my property (not a planning consideration); · noise and disturbance through the coming and going of taxis; · pets would be in danger (not a planning consideration); · it is uncertain how the firm will pick up customers, especially late at night; · the hours will be disruptive and especially with doors slamming when picking people up outside; · children play on the park in the knowledge that there is little traffic and I trust our neighbours when leaving their properties, I don't trust taxi drivers; · the proposal will lead to more vehicles using the area, especially at Chequerbent roundabout, one of the country's busiest roundabouts; · taxi ranks are not usually situated in residential areas; · the proposal is a 24 hour business; · there are already four private hire firms in Westhoughton, we don't needs another (not a planning consideration, since it relates to competition between similar businesses); · the back street is in a poor condition; · the application is unclear as to whether customers would be picked up for the premises; · were are the two parking spaces to the rear of the property and were would the remaining eight vehicles be parked;

Petitions:- a petition containing 34 signatures has been submitted, it objects to the scheme on the grounds that undue traffic and noise will be generated by vehicles using the back street.

Nineteen (19) address points originate from Park Road, with a further six (6) on Manchester Road. Some of those addresses contain multiple signatures.

Town Council:- raise objection due to the impact of the proposal on the living conditions of adjoining dwellings.

Elected Members:- Cllr Wilkinson has requested this application be heard by the planning committee, whilst Cllr Pat Allen, Cllr Chadwick and Cllr Higson have requested an advanced site visit take place prior to determination.

Consultations Advice was sought from the following consultees; highway engineer, environmental health.

Planning History Planning permission was granted in January 1979 for the change of use of the first floor from a printers workshop to a dancing school Ref: 11644/79.

Permission was granted for a change of use of the first floor from a printers workshop to a dancing school. Ref: 28332/86.

Planning permission was also granted in January 1987 for the erection of a garage at the

92 rear of the premises Ref: 28385/86.

Planning permission was granted in 1994 for the change of use from B1 Office and light industrial to an A1 use for the sale of carpets for a period of two years Ref:44904/94.

Planning permission was granted in 1997 for the change of use of vacant premises from a retail shop to a dance studio. Ref: 49792/96.

93 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. This permission shall be for a temporary period expiring on 01/04/2010 when the use of the land and building(s) hereby approved shall be discontinued in accordance with a scheme to be approved by the Local Planning Authority before the expiry date.

Reason

The assessment of the effects of the development is difficult and a temporary permission will enable the Local Planning Authority to keep the matter under review, in the interests of amenity, over an extended period.

2. The premises shall not operate except between the hours of 07:00 and 01:00 Monday to Sunday.

Reason

To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents particularly with regard to noise and/or disturbance.

3. No drivers shall visit the site or use the facility except between the hours of 07:00 and 22:00 Monday to Sunday.

Reason

To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents particularly with regard to noise and/or disturbance.

4. The use of the premises hereby approved shall not be used for a waiting room in connection with the use within the confines of the application site.

Reason

To safeguard the living conditions of nearby residents particularly with regard to noise and/or disturbance.

Notes:

Unitary Development Plan

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development by reason of pollution;

EM3 as the development would not have adverse effects on levels of air, water, land, noise and light pollution;

94 A1 as the development would contribute to an integrated and sustainable transport and land use system;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

E1, E2 and E3 as this urban site is suitable for office development as it is accessible by a choice of means of transport; well related to a significant local workforce and the proposal would not adversely affect the amenities of any adjoining uses.;

95 96