Planning Applications Report
Planning and Highways Committee
14 June 2007
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 from the Development and Regeneration Department, Town Hall, Bolton.
Bolton Council also has a Code of Practice for publicising planning applications and other submissions for approval. As part of this Code, 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.
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 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 Government Minerals Planning Guidance Note SPG Bolton Council Supplementary Planning Guidance 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
2 INDEX
Ref. No Page Item Ward Location
76883/07 7 1 ASBR 2 THREADFOLD WAY, BOLTON, BL7 9DN
76761/07 13 2 BRCR 1 ELLERBECK CLOSE, TURTON, BOLTON, BL2 3FW
75240/06 19 3 GRLE FORMER GREYHOUND TRACK , MANCHESTER ROAD/RAIKES LANE, BOLTON.
74203/06 33 4 HALL ST EDMUND STREET / BLUNDELL STREET / KING STREET, BOLTON, BL1 2JR
76871/07 51 5 HELO 231-235 GREENMOUNT LANE, BOLTON, BL1 5JB
76392/07 65 6 HONE 28 LEVER PARK AVENUE, HORWICH, BOLTON, BL6 7LG
77085/07 79 7 KEAR LAND AT OLD HALL STREET, KEARSLEY, BOLTON
77182/07 93 8 KEAR PARK VIEW SERVICE STATION, BOLTON ROAD, KEARSLEY, BOLTON, BL4 9BU
76893/07 99 9 LLDL FEARNEYSIDE, LITTLE LEVER, BOLTON
76808/07 119 10 SMIT 95 HARPERS LANE, BOLTON, BL1 6HU
77181/07 127 11 SMIT THE RED HOUSE NURSERY, 38 SMITHILLS CROFT ROAD, BOLTON, BL1 6LN
76734/07 135 12 TOHA BOLTON SERVICE STATION, 104 BRADFORD STREET, BOLTON, BL2 1JR
76638/07 147 13 TOHA CHADWICK STREET CAMPUS, CHADWICK STREET, BOLTON.
76730/07 167 14 TOHA UNDERSHORE LODGE, OFF CROMPTON WAY, BOLTON.
76901/07 175 15 WESO LAND AT NO. 11 DOBB BROW AND LAND BETWEEN 118 & 134 OLD LANE, DOBB BROW, WESTHOUGHTON BOLTON.
76960/07 191 16 WESO GRUNDYS FARM, SCHOOL STREET, WESTHOUGHTON, BOLTON, BL5 2BG
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4
77033/07 203 17 WESO DAISY HILL CRICKET CLUB, ST JAMES STREET, WESTHOUGHTON, BOLTON, BL5 2EB
76516/07 211 18 WNCM 620 MANCHESTER ROAD, WESTHOUGHTON, BOLTON, BL5 3JD
77008/07 221 19 WNCM SIDE GARDEN 313 BOLTON ROAD, WESTHOUGHTON, BOLTON, BL5 3EL
76924/07 229 20 WNCM RATCLIFFES FARM, WINGATES LANE, HORWICH, BOLTON, BL5 3LT
76838/07 237 21 WNCM SNYDALE HALL FARM, BOLTON ROAD, WESTHOUGHTON, BOLTON, BL5 3BQ
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Date of Meeting: 14 June 2007 Item Number: 1
Application Reference: 76883/07
Type of Application: Full Planning Application Registration Date: 24/04/2007 Decision Due By: 19/06/2007 Responsible Sara Flanagan Officer:
Location: 2 THREADFOLD WAY, BOLTON, BL7 9DN
Proposal: RETENTION OF SATELLITE DISH
Ward: Astley Bridge
Applicant: Mr & Mrs A.P. McNaughton Agent :
Officers Report
Site Characteristics The site consists of a modern end terrace property adjacent to Eagley Brook. The satellite dish is sited on the side of the fence that runs along the side of a walkway to the north of the property. The dish faces the brook and is visible from many vantage points as it protrudes above the fence.
Policy UDP Policies D2 Design, D7 Conservation Areas PCPN3 House extensions, PCPN19 Conservation Areas
History Planning permission was granted in March 1999 for the conversion of the mill to dwellings and erection of dwellings together with bollards to Eagley Way. (51360/97)
Representations Letters:-two letters have been received in support of the application commenting that the dish is sensitively sited and does not give rise to any negative impact to the listed buildings or Conservation Area.
The Council's Conservation Officer:- has raised objection to the proposal.
Elected Members:-Councillor Critchley requested that this application be dealt with by Members.
7 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.
Eagley Bank Conservation Area has grown from the conversion of two statutory listed mills, both of which are very distinct and both have special architectural and social interest. During the conversion and development of this area it was decided that ‘Permitted Development Rights’ would be removed to safeguard the area from unsympathetic alterations, which include the inappropriate insertion of satellite dishes. The planning permission 51360/97 removed permitted development rights for any kind of extension, walls and fences and also satellite dishes to enable the Council to monitor additions to buildings so that they would be in keeping with the setting and the character of the Conservation Area and the complex itself.
Satellite dishes within a Conservation Area need to be discreet and hidden from view on major/important elevations. The proposal to retain the dish on this boundary fence that over hangs the Eagley Brook is considered to be unacceptable and it is outside the curtilage of the property, so even if the permitted development rights had not been removed the dish would still need permission.
It is considered that the siting of the dish on the outside of the fence facing the brook is incongruous to the setting of the area and as there are twenty nine properties sited on the south side of the brook, allowing this dish could set a precedent for a proliferation along this well established open rural area with trees and hedges giving a countryside feel to this waterway.
The dish is visible when entering the complex along Threadfold Way. When viewed from the north bank of the brook and the properties of Cottonfields there are trees that form a screen, but it considered that this screening would only be when the trees where in full leaf leaving the dish highly visible in the spring, autumn and winter.
It is considered that the dish should be removed as the Council is of the opinion that to erect a satellite dish in this position is not suitable as it would undermine the character and appearance of the Conservation Area and set a precedent for many others to follow.
Recommendation: Refuse
8 Recommended Conditions and/or Reasons
1. The proposed development by virtue of its size, siting and design will have a detrimental effect on the character and appearance of the Conservation Area and is contrary to Policy D7 of the Unitary Development Plan and Planning Control Policy Note No19 - "Conservation Areas".
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11 12
Date of Meeting: 14 June 2007 Item Number: 2
Application Reference: 76761/07
Type of Application: Full Planning Application Registration Date: 29/03/2007 Decision Due By: 24/05/2007 Responsible Pat Naylor Officer:
Location: 1 ELLERBECK CLOSE, TURTON, BOLTON, BL2 3FW
Proposal: ERECTION OF FIRST FLOOR EXTENSION AND CONVERSION OF GARAGE TO HABITABLE ROOM
Ward: Bromley Cross
Applicant: Mr N Sutcliffe Agent : MJM Design Services
Officers Report
Proposal This application is to erect a first floor extension above the existing garage at the side and set back from the front elevation by 3.5 metres.
Site Characteristics This is a modern detached two storey dwelling within a residential estate and sited on an entrance to a cul de sac. To the side, is a large detached dwelling of which the rear shared boundary is tapered along the side elevation of 1 Ellerbeck Close.
Policy UDP Policy D2 Design and the Built Environment. PCPN3 House Extensions.
History This is a re-submitted application of a previous refusal (75869/06). The application was refused on the grounds that the proposed extension did not meet the 13.5 metres distance to the rear of 1 Aire Drive. As the side boundary is tapered, only the rear half of the proposal complied with policy.
Representations Letters:-one letter has been received objecting on the grounds that: * the proposal would still cause an overbearing and over dominant appearance when viewed from the two rear bedroom windows. * impact on natural light to rear garden.
Elected Members:- Councillor Critchley has requested that this application be presented to Members.
13 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:
* Impact on the living conditions of existing residents.
Impact on the living conditions of existing residents Policy D2 of the UDP and PCPN3 seek to ensure that new development would not cause undue impact in respect of loss of light, privacy and general intrusiveness.
This re-submitted proposal shows a set back from the front elevation of 3.5 metres and therefore the front half of the side elevation remains unchanged with regards to the aspect from 11 Aire Drive. The proposed siting of the extension would come closer to the rear of Aire Drive, however given that the 13.5 metres distance can now be achieved, it is considered that the extension is compliant with PCPN3 on House Extensions. The proposal is sited on the western elevation and it is therefore considered to create a minimal loss of light or overshadowing into the objectors garden or dwelling.
Conclusion Due to the tapered boundary, any extension above the front half of the garage would fall short of the policy distance. The re-submitted application has been reduced in length to avoid any extension over the first 3.5 metres of the existing garage and therefore now accords with the 13.5 metres distance required. It is recommended that the application be approved.
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.
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2. The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match the colour, texture and size of those of the existing building, and shall be retained thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) unless otherwise agreed in writing with the Local Planning Authority no windows, doors or other openings shall be formed in the western side elevation (facing 11 Aire Drive) of the development hereby approved/permitted.
Reason
To ensure adequate standards of privacy are obtained.
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17 18
Date of Meeting: 14 June 2007 Item Number: 3
Application Reference: 75240/06
Type of Application: Full Planning Application Registration Date: 06/09/2006 Decision Due By: 06/12/2006 Responsible Helen Williams Officer:
Location: FORMER GREYHOUND TRACK , MANCHESTER ROAD/RAIKES LANE, BOLTON.
Proposal: ERECTION OF CAR SHOWROOMS, WORKSHOP, PARTS STORE AND WASHING BAYS. FORMATION OF ASSOCIATED PARKING AREAS AND CREATION OF NEW ACCESS.
Ward: Great Lever
Applicant: Williams Motors (Holdings) Ltd Agent : Taylor Design
Officers Report
Proposal Permission is sought for the erection of a BMW showroom and a Mini showroom on the site of the former greyhound track, Burnden. Permission is also sought for the erection of a workshop, parts store, washing bays and parking areas on the site. A new access is proposed into the site off Raikes Lane, at the junction with the A666 slip road. Servicing and delivery will be taken down Croft Street.
Williams BMW currently operate from a dealership in Bradshawgate. This site in the town centre is now too small for the company's requirements and therefore they are looking to relocate to a larger site within the Borough.
Site Characteristics The application site is the former Burnden Greyhound Track, which has been vacant for many years. The site contains a number of trees and shrubs, the most dense being on the boundary with the A666.
The site is situated approximately 1 kilometre to the south of Bolton Town Centre and lies between the A666 (St. Peter's Way) on the east and Manchester Road on the west. Immediately to the west of the site is the newly constructed Porsche car showroom, and to the south west is a vacant piece of land, which is within the Applicant's ownership.
The surrounding area is predominantly commercial in nature, although there are a number of terraced dwellings to the north and west of the site. Further car showrooms, Burnden Industrial Estate and Pilot Industrial Estate are located to the south of the site.
Two lane Raikes Lane lies also to the south of the application site, and serves Raikes Lane Industrial Estate to the west of the site. A slip road comes off the A666 to join Raikes Lane opposite the application site.
19 Policy RSS13 North West
PPS1 Delivering Sustainable Development PPG4 Industrial, Commercial Development and Small Firms
Unitary Development Plan (UDP) Policies: EM1, EM2 Compatible Uses; EM4 Contaminated Land; EM5 Derelict Land and Buildings; D2 Design; D3 Landscaping; A4 Developer Contributions; A5 Road Network; A6 Car Parking Standards; A7 Cycle Parking; A8 Major Development; A9 Access for People with Disabilities; A10 Traffic Management and Calming; E1 Employment and the Economy
Supplementary Planning Guidance: PCPN10 Planning Out Crime; PCPN21 Highways Considerations
History Planning permission was granted 15th May 2000 for the demolition of all buildings and the erection of a mixed use commercial development comprising non-food retail, leisure and car showrooms (means of access details only) on the application site (application 55927/99). Access was proposed off Raikes Lane but closer to Manchester Road than currently proposed.
The commencement condition on application 55927/99 was varied under subsequent application 64155/03 on 9th May 2003 so that commencement of development would be permitted for a further five years (9th May 2008). This permission is therefore still extant.
Three previous planning applications on the application site were withdrawn by the Applicant in the mid to late '90s. These were as follows: • The erection of a DIY unit of 13,470 sq. metres (51059/97); • The erection of a multi-screen cinema, bingo hall, fast food unit and car showroom/workshop (49477/96); • The erection of a commercial leisure complex (including cinema, bingo, restaurant, non- food retail, public house, creche and children's play centre) (47776/95).
Technical Consultations Bolton Council - Highway Engineers:- raise concern with regard to potential queue generation at peak times caused by the proposed development. State that the junction at Manchester Road/Raikes Lane requires improvement by the widening of the Raikes Lane approach to two lanes. The Engineers' comments are reported within the body of this report under the heading "Impact on the Highway".
Bolton Council - Regeneration and Economic Development Division:- support the development in view of the economic development, regeneration and environmental improvement benefits the development will bring.
Bolton Council - Environmental Health Officers:- have no objections but recommend the inclusion of condition CL02 (Phase II contaminated land study).
20 Bolton Council - Conservation and Urban Design Officers:- raise no objection to the design of the showrooms.
Greater Manchester Police - Crime Prevention Officers:- require a secure boundary to the site, laminated glazing, 24 hour security and a security statement, which the Applicant has since provided.
Bolton Disability Steering Group:- request disabled parking bays.
The Environment Agency:- no objection.
Representations No representations have been received.
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 the character and appearance of the surrounding area
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 makes appropriate provision for parking, the needs of pedestrians and vehicle manoeuvring.
Access into the application site is proposed from Raikes Lane via a new traffic signal controlled junction, which would include the A666 off-slip road. A secondary service access for transported deliveries is proposed off Croft Street to the north west of the site.
A Transport Assessment has been submitted with the planning application and has been checked by the Greater Manchester Transport Unit (GMTU) and the Greater Manchester Urban Traffic Control Unit (GMUTC). The development flows in the Transport Assessment have been robustly determined but Engineers are concerned by the results. The Transport Assessment has concentrated on 2017 flows, when traffic growth contributes to congestion in addition to the proposed development traffic. It is therefore difficult to identify the likely
21 impact of the car showrooms in this situation. GMUTC have therefore modelled the junctions with 2005 design flows to give an indication of the likely traffic impact of the development at the opening year.
The Council's Highways Engineers confirm that both Raikes Lane and Manchester Road are already at, or close to, capacity in the morning and evening peak periods and at times on Saturday, which results in congestion at busy times of the day. Engineers state that in situations such as this, it is difficult to predict queue lengths with any degree of accuracy. However, even with a relatively low traffic generator such as a motor dealership, the introduction of a new set of traffic signals on Raikes Lane would inevitably increase delays to traffic because of the 'lost time' inherent in any traffic signal installation. This 'lost time' is needed to allow time for pedestrians to cross and to allow traffic to clear the junction between signal phases. The traffic modelling has been based on both the pedestrian phase and traffic phase from the new development being restricted to every other traffic signal cycle. The queue lengths referred to below are the maximum queue lengths likely to be experienced by drivers, based on 2005 traffic flows:
Morning peak hour: There would be little change overall at the Manchester Road/Raikes Lane junction. However, the queue on Raikes Lane already queues back past the A666 off- slip road and this would now queue back through the new traffic signal controlled junction. This would affect the operation of the new signals. Furthermore, due to the extra 'lost time' due to the new signals, the model shows the queues on the A666 off-slip road (left turn lane) would increase from 35 metres to 75 metres. Traffic leaving the Raikes Lane Industrial Estate (which currently has no delay at this junction) would be subject to a new queue of 104 metres.
Evening peak hour: Queues at the Manchester Road/Raikes Lane junction would increase marginally overall. At the proposed junction queues on the A666 off-slip road (left turn lane) would increase from 6 metres to 58 metres. Traffic leaving the Raikes Lane Industrial Estate (which currently has no delay at this junction) would be subject to a new queue of 81 metres.
Saturday peak hour: Queues at the Manchester Road/Raikes Lane junction would increase marginally overall. At the proposed new junction, queues on the A666 off-slip road (left turn lane) would increase from 6 metres to 63 metres. Traffic leaving the Raikes Lane Industrial Estate (which currently has no delay at this junction) would be subject to a new queue of 58 metres.
PCPN21 'Highways Considerations' requires developers to mitigate the impact of their proposals at the opening year. In order to mitigate the impact of this development, traffic modelling carried out by GMUTC shows that the Manchester Road/Raikes Lane junction would require improving by widening the Raikes Lane approach to two lanes. However the Applicant has declined to fund this improvement at this stage but has offered to carry out the improvement when the remainder of the site (which includes the land on the corner of Raikes Lane and Manchester Road) has been developed.
With or without any physical improvements to Raikes Lane to mitigate the impact of the development, the funding by the developer to SCOOT computer control for the new set of
22 signals and the existing set of signals is essential to minimise delays if Members are minded to approve the application.
The proposed development also requires a length of Croft Street to be closed and the Highway Authority has no objection to the closure.
The Council's Highways Engineers state that should Members be minded to approve the application, a number of conditions should be attached relating to highway improvements.
Impact on the Character and Appearance 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.
Two car showrooms are proposed to be erected to the north and east of the application site, the intention being that they will be visible from the adjoining A666 (St. Peters Way) and the site entrance on Raikes Lane.
The BMW showroom is the largest of the two buildings and therefore will be the most visible from outside of the site. The BMW showroom is to be divided into two floors of car display and access into the first floor is to be via external escalators. The Mini showroom is to be single storey with two protruding feature walls. Both showrooms are to be constructed primarily out of metallic silver cladding, though the Mini showroom shall be darker in colour.
The Council's Design and Conservation Officers have raised no objection to the proposed scheme, but samples of all facing materials are requested for approval prior to commencement of development.
Landscaping is proposed around and within the car dealership site to soften the development. The Applicant has stated their desire to retain existing planting wherever possible and submit a final landscaping scheme prior to commencement of development.
Value Added to and by the Development The application site has remained vacant and an eyesore since the 1990s. It is located in a very prominent position on two major approaches into Bolton Town Centre, namely Manchester Road and the A666 (St. Peter's Way), but it has been a difficult site to development due to technical and financial viability issues. The proposed development therefore will result in the return of this key site back into use and create employment activity.
The Council's Inward Investment Team have been unable, over the last two to three years, to identify any other site in the Borough that would meet BMW's size and time requirements. The application site is therefore ideal for BMW's needs.
Not only will the proposed development protect the existing 114 jobs associated with the BMW/Mini dealership at their existing dealership on Bradshawgate, it will also result in an additional 10 to 15 new jobs being created on the application site. Furthermore, given the increasing attraction of Bolton as a complementary offer to Manchester City Centre, BMW Williams are likely to move their headquarters and training functions from the centre of
23 Manchester to the application site, creating a further 10 jobs in Bolton in addition to those 10 to 15 quoted above.
BMW is an established and highly valued and visual brand. Its potential location at this key position on the edge of Bolton Town Centre will make a very positive Borough Brand statement to traffic entering Bolton along the A666 and Manchester Road.
In addition, the vacation of the current Bradshawgate site will release valuable estate and therefore will further enable the development of the "Merchants Place" area for a use more in keeping with the development and design aspirations for that part of Bolton Town Centre.
Conclusion The application proposes the redevelopment of a key gateway site in Bolton Town Centre, which will bring with it economic development, regeneration and environmental improvement benefits.
The Council's Highways Engineers have raised concern with regard to potential queue generation but it is considered that highways improvements at Manchester Road and Raikes Lane would alleviate these concerns. The Applicant has agreed to fund part of these improvements as part of the planning consent and then shall fund the rest when the remainder of their site (the piece of land at the junction of Manchester Road and Raikes Lane) has been developed.
Members are therefore recommended to approve the application.
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 on the site edged blue unless and until full details of the highway works at Manchester Road/Raikes Lane as shown on the attached drawing have been submitted to and approved by the Local Planning Authority, and no development on the site edged blue 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 and because the development of the site edge blue would generate a need for a significant highway upgrade.
3. No building work shall be commenced unless and until full details of the highway works at Raikes Lane/A666 Slip Road/new site access comprising carriageway widening and provision of traffic signals linked to the adjacent Manchester Road/Raikes Lane junction traffic signals by SCOOT traffic signal control have been submitted to and approved by the Local Planning Authority, and none of the
24 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.
4. No building work shall be commenced unless and until full details of the highway works at Croft Street/new service road access comprising radius improvement, turning head and making up to full industrial standards to facilitate adoption by the Local Highway Authority 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.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) there shall be no means of vehicular access to the development hereby permitted/approved from Croft Street other than car transporters.
Reason
In the interests of highway safety.
6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) there shall be no means of vehicular access to the development hereby permitted/approved from Manchester Road.
Reason
In the interests of highway safety.
7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) there shall be no means of vehicular access to the development hereby permitted/approved from Raikes Lane other than that shown on the drawings hereby approved.
Reason
In the interests of highway safety.
8. The development hereby approved/permitted shall not be brought into use unless and until provision has been made for a vehicle turning area which will enable vehicles to enter and leave the site in a forward gear, and shall be laid out in accordance with details to be submitted to and approved by the Local Planning Authority. Thereafter such facilities shall not be used for any purposes except the turning of vehicles.
Reason
In the interests of highway safety.
9. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Manchester Road and Raikes Lane has been closed to vehicles, and the existing highway made good to adoptable footway standards. There shall thereafter be no means of vehicular access to or from Manchester Road and Raikes Lane, other than as shown on the approved plan.
Reason
25
In the interests of highway safety.
10. The development hereby approved/permitted shall not be brought into use unless and until the boundary features to Raikes Lane and Manchester Road are set back as shown on the attached plan and retained thereafter, and the land fronting the highway treated in accordance with details to be submitted to and approved by the Local Planning Authority before the commencement of the use.
Reason
In the interests of highway safety.
11. 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
To ensure the development safeguards the character and visual appearance of the locality.
12. 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.
13. 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.
14. 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.
26 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
To ensure that the development is safe for use.
15. 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.
16. 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.
27
29 30 31 32
Date of Meeting: 14 June 2007 Item Number: 4
Application Reference: 74203/06
Type of Application: Outline Planning Permission Registration Date: 10/05/2006 Decision Due By: 09/08/2006 Responsible Phil Green Officer:
Location: ST EDMUND STREET / BLUNDELL STREET / KING STREET, BOLTON, BL1 2JR
Proposal: OUTLINE APPLICATION FOR THE ERECTION OF A PART SIX, PART TEN STOREY BUILDING COMPRISING TWO FLOORS OF BASEMENT PARKING (99 SPACES) AND UP TO EIGHT UPPER FLOORS OF ONE, TWO AND THREE-BEDROOMED APARTMENTS (90 IN TOTAL), TOGETHER WITH ASSOCIATED VEHICULAR ACCESS FROM KING STREET AND ST EDMUND STREET, INTERNAL LANDSCAPED COURTYARD AND RIVERSIDE FOOTPATH (LAYOUT AND ACCESS DETAILS ONLY)
Ward: Halliwell
Applicant: SATNAM INVESTMENTS LTD Agent : SATNAM PLANNING SERVICES LTD
Officers Report
Proposal The application seeks outline permission for the layout and access to an apartment building comprising 90 apartments as described above. The Applicant has provided supporting information in the form of floor plans and 3D images which are illustrative only.
The application has been the subject of prolonged negotiation with Council Officers and the Environment Agency with regard to Section 106 requirements and the River Croal. The scheme has been amended to reflect these requirements and in particular includes:
• A six metres wide ground and first floor set back to the River Croal with grounds floor riverside pedestrian walkway • On-site public art • A contribution of £17,370 to be secured via Section 106 Agreement
A number of financial appraisals of the scheme have been considered by Council Officers.
A Phase 1 Environmental Report, Design Statement and Transport Statement were submitted with the application.
Site Characteristics The site has been in use as a private car park since the former John Booth Ironworks factory building that occupied the site was demolished in 1990.
33 The car park is unsurfaced and secured by fencing and security lighting. It is manned during operational hours.
The surrounding land falls to the River Croal from Deansgate to the south and the site is cut into the landscape resulting in a high retaining wall around the southern boundary adjacent to Blundell Street.
The surrounding land is almost entirely developed with Marsden House towering over the site together with smaller scale buildings to the south and north including the Listed Building St Helena Mill.
Policy PPS1 Creating Sustainable Communities PPS3 Housing PPS6 Planning for Town Centres PPG9 Nature Conservation PPG13 Transport PPG15 Planning and the Historic Environment PPG16 Archaeology and Planning PPS23 Planning and Pollution Control PPG24 Planning and Noise PPG25 Development and Flood Risk
RSS for the North West (2004)
UDP Policies TC1 Town Centres, TC2 Town Centre Living, TC9 Open Space Links, H1, H2 Housing Supply, H3 Housing Applications, H5 Housing Density, O4 Open Space, O6 Waterside Development, O8 Public Rights of Way, D1, D2 Design, D3 Landscaping, D4 Public Art, D15 Archaeology, EM1 Environmental Management, EM2 Incompatible Uses, EM4 Contaminated Land, EM10 Surface Water Run-off, EM11 Flood Protection, N1 Nature Conservation, N5 Landscape Features, N6 Biodiversity, N9 Species Protection, A1 Accessibility, A4 Developer Contributions, A5 Roads, Paths, Servicing and Parking, A6 Maximum Parking Standards, A7 Minimum Cycle Parking Standards, A8 Major Development, A9 Access for People with Disabilities, A10 Traffic Management, A16 Pedestrians, A17 Cyclists, A19 Road Improvements, A20 Implementation and Conditions, A21 Obligations and CP1 Community Provision.
UDP Land Allocations: Open Space Link (TC9)
Appendix 7 Car and Cycle Parking Standards
PCPN1 Health, Well Being and Quality of Life, PCPN2 Space Around Dwellings, PCPN10 Planning Out Crime, PCPN17 Nature Conservation, PCPN18 Provision for Cyclists, PCPN21 Highway Considerations, PCPN22 Public Art, PCPN26 Affordable Housing, PCPN27 Housing and PCPN30 Education.
Building Bolton
34
Bolton Town Centre Action Framework
Bolton Town Centre Transport Strategy
History Originally a field on the south bank of the unpolluted stream that was the River Croal, in 1797 a factory was constructed and historical evidence suggests that from 1802, the attic was rented to local resident Samuel Crompton. In 1927, the centenary of his death, notices at the site suggested this was where he first worked the Spinning Mule. The site was acquired by Messrs John Booth and Sons in 1894 for use as an iron works until it became vacant and fell into disrepair in 1980s.
Planning permission for use of the vacant factory as a flea market was granted in July 1988 (31469/88).
Conservation Area Consent for demolition of the factory was refused in May 1989 (31469/88).
Conservation Area Consent for demolition of the factory (and non listed extensions to St Helena Mill) together with Planning Permission for temporary use of the cleared site as a car park and Outline Planning Permission for erection of an office building (all matters reserved) were granted in February 1990 (35327/89; 35329/89; and 35330/89)
Planning permission for continued use of the site as a car park has been renewed in 1993, 1996, 2000, and September 2005. The latter planning permission expires in September 2009 (42702/93; 48046/95; 56038/99; and 71226/05).
Outline planning permission (means of access details only) for the erection of 32 apartments and three work units was granted in May 2002 having been subject to a withdrawn appeal against non determination in February 2002 (60005/02; and 61054/02).
Conservation Area Consent for partial demolition of buildings to the rear of the adjacent Post Office, together with a planning application for the erection of 132 apartments are currently being determined by the Council (77237/07; and 77243/07)
Technical Consultations Bolton Council - Highway Engineers:- raise no objection subject to highway improvements in the locality. The plans have been revised to accommodate proposed highway improvement lines.
Bolton Council - Conservation and Urban Design Officers:- raise no objection
Bolton Council - Environmental Health Officers:- raise no objection on the basis of the submitted Phase 1 report and agree with the recommendations that in light of current and previous uses, further investigatory work is implemented prior to commencement of development.
35 Bolton Council - Affordable Housing Officers:- raise no objection subject to provision of affordable housing based on local housing needs.
Bolton Council - Estate Surveyors:- raise no objection to the commuted sums and on site art and highway works proposed having conducted significant investigation into financial appraisals submitted by the Applicant.
Bolton NHS - Primary Care Trust:- raise no objection subject to a commuted sum of £17,370 towards improvement of local health provision.
Greater Manchester Police - Crime Prevention Officers:- raise no objection.
Greater Manchester Archaeology Unit:- raise no objection subject to a condition to secure archaeology investigation studies.
Greater Manchester Ecology Unit:- raise no objection
The Environment Agency:- raise no objection as the revised plans address access and riverside environment issues raised previously, subject to planting and boundary treatment conditions.
United Utilities:- raise no objection.
English Heritage:- raise no objection.
Representations Letters:- none received.
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 site is previously developed and within the urban area. The proposal sits well with the general Council aims and aspirations for the St Helena part of Bolton Town Centre and is entirely acceptable in principle.
The main impacts of the proposal are:-
36 * impact on the character and appearance of the locality * impact on town centre traffic * impact on the river environment
Impact on the Character and Appearance of the Locality The application is in outline form and seeks only to establish the principle, layout and means of access, however due to important factors that affect the site, the Applicant has sought to provide a great deal of architectural information in support of the proposal. These diagrams include 3-dimensional modelling, sketches and illustrative floor plans setting out the likely massing and scale of the building proposed and thus invite the Council to condition any elements it feels are fundamental to the proposal and subsequent reserved matters applications.
Particular considerations include land levels, the contrasting scale of nearby developments and other potential developments in the vicinity, together with the character and appearance of the nearby conservation area and a listed building.
Building Bolton states that development should incorporate the river as part of the public realm strategy, maintaining public access and exploiting the historic and architectural context, including the topography.
It is considered that the proposal successfully addresses the concepts of good urban design in principle. The maximum area of the site is covered and car parking will be hidden away by appropriate use of the land levels. The Applicant has illustrated a scale of development that fits in well with adjacent buildings, whilst reflecting the riverside setting and respecting St Helena Mill. The Applicant has committed to a public access riverside walk whilst setting aside private landscape areas.
The residential use will bring activity to the elevations and life to the area which has suffered from under investment, thus enhancing the character and appearance of the area.
The proposal is therefore considered to comply with the relevant UDP Policies on Design and Conservation. Future reserved matters applications will require an assessment of more precise details of scale, appearance and landscaping.
Impact on Town Centre Traffic Vehicular access to the site is presently from Deansgate via both St Edmund Street and King Street, with Blundell Street joining these two streets. The bridge towards St Helena Road is currently closed pending repair works. These roads are considerably sub-standard and are unsuitable to serve any new development in their current form. It has been agreed with Council Highway Engineers that a local one-way system can be introduced in order to minimise the amount of land required to bring the roads up to modern day standards. A highway improvement line has therefore been imposed on the affected land to protect this future widening. It will be necessary for the Applicant to fund the widening of the streets so that the one way system can be introduced.
The layout of the building along Blundell Street has been designed to accommodate the improvement line and to take advantage of an area of highway that will no longer be
37 required. This latter aspect will need a formal road closure order to be promoted before the construction of this part of the building can be commenced.
Council Highway Engineers therefore raise no objection to the proposal, subject to St Edmund Street, Blundell Street and King Street being widened at the Applicant’s expense to provide safe vehicular access. This requirement can be secured by means of a planning condition, as can other highway requirements.
The proposal will therefore provide appropriate access and parking arrangements whilst improving the town centre road network. Associated traffic flows can be absorbed by the road network and the proposal complies with the relevant highway policies and advice.
Impact on River Environment The development plays an important part in the enhancement of the River Croal setting in Bolton Town Centre. In the town centre, development sites adjacent to the river need to balance a number of factors including flood risk; the appearance of the river environment; access for the Environment Agency; public access; and the need to maximise site efficiency.
The Environment Agency has been consulted on a series of amendments to the proposed development. The Agency are satisfied that the development poses no flood risk or increases the likelihood of flooding and previous objections with regard to landscaping and the proximity of the proposed development to the river have now been removed.
The development proposes a 2 metres wide public walkway adjacent to the river, an environment likely to be hard surfaced but with planters and street furniture, including lighting. Fencing will be required to secure the development site and private areas, together with the river edge.
The building is set back at ground and first floor by 6 metres to accommodate the requirements of the Agency whilst improving the riverside setting. Above first floor the building projects 4 metres towards the river maximising efficiency of the site and providing an exciting architectural opportunity.
Subject to conditions to finalise details of the riverside area, including hard and soft landscaping, the proposal is considered to comply with the relevant policies and guidance.
Other Matters The submitted financial appraisals detail total costs in the region of £14.7 million including contamination removal, highway works and on-site public art. Due to limited profit margins and the associated land value the car park use attracts, to ensure the viability of the scheme, a maximum additional sum of £17,370 (based on the total requirement for health provision as set out in PCPN1) can be afforded by the Applicant. It is recommended that this be secured by S106 Legal Agreement with the monies being distributed to affordable housing and health provision as agreed following consultation with ward members.
In light of the historical importance attached to this site, planning conditions are to be attached to secure an archaeological study prior to the carrying out of the development and
38 to seek public art works that reflect the association with Samuel Crompton. This is likely to comprise artwork on entrance gates and fencing.
The scheme has been designed to account for the setting of St Helena Mill, a Grade II listed building and the scale, siting and massing is considered to safeguard the architectural and historic importance of the mill building. English Heritage have raised no objection.
Conclusion The proposal represents a substantial investment in Bolton Town Centre and aims to secure the regeneration of a site that has failed to live up to the opportunities presented when the factory was demolished in 1990. The principle is acceptable and the recommendation is to approve subject to the setting out of a Section 106 Legal Agreement to secure £17,370. A future reserved matters application will then follow, setting out the detailed design.
Recommendation: Delegate the decision to the Director
Recommended Conditions and/or Reasons
1. Application for the approval of Reserved Matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason
Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. Approval of the following details (hereinafter referred to as "The Reserved Matters") shall be obtained from the Local Planning Authority in writing before any development commences:-
Scale The height, width and length of each building proposed in relation to its surroundings;
Appearance The aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture; and
Landscaping The treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out or provision of gardens, courts or squares, water features, sculpture, or public art, and the provision of other amenity features.
Reason
The application is for outline planning permission and these matters were reserved by the applicant for subsequent approval.
3. 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
39 implemented in full before the development is first occupied or brought into use and retained thereafter.
Reason
To enhance the setting of the development within the landscape character of the locality, in particular the river corridor.
4. No development shall commence unless or until a scheme for the provision of works of public art, craft or decoration has been submitted to and approved by the Local Planning Authority in writing. The approved scheme shall be fully completed prior to first occupation of any residential unit and reatined thereafter.
Reason To enhance the setting and public interest in the development.
5. No development shall take place unless or until arrangements for the implementation of a programme of archaeological work in accordance with a written scheme of investigation which will include provision for proposed action to be taken should archaeological finds be present and may also include:
(i) archaeological historical analysis; (ii) watching brief; (iii) trial trenches; (iv) site survey; and (v) access to the site at all reasonable times to any archaeologist nominated by the Local Planning Authority, who shall be allowed to observe the excavations and record items of interest and finds.
has been submitted to the Local Planning Authority for approval. All development shall be carried out in full accordance with the approved programme of archaeological work and written scheme of investigation.
Reason
To safeguard any archaeological works or buildings which may be present.
6. No development shall be commenced unless and until full details of the highway works at St Edmund Street, Blundell Street and King Street comprising highway widening as shown on drawing 302301/1 Revision F 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.
7. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.0 metres by 33 metres is provided at the junction of the car park access with King Street, and subsequently maintained free of all obstructions between the height of 1 metres and 2 metres (as measured above carriageway level).
Reason
To ensure traffic leaving the site has adequate visibility onto the highway.
8. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular accesses onto St Edmund Street, King Street and Blundell Street have been closed to vehicles, and the existing highways made good to adoptable footway standards. There shall thereafter be no means of vehicular accesses to or from those streets, other than as shown on the
40 approved plan.
Reason
In the interests of highway safety.
9. 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
To ensure that the development is safe for use.
41 42
10. 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.
11. Before development commences details of the provision to be made for cycle parking within 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 hereby approved is first brought into use and retained thereafter.
Reason
To encourage cycle use and provide adequate facilities for cyclists.
43
45 46 47 48 49 50
Date of Meeting: 14 June 2007 Item Number: 5
Application Reference: 76871/07
Type of Application: Full Planning Application Registration Date: 26/04/2007 Decision Due By: 21/06/2007 Responsible Martin Mansell Officer:
Location: 231-235 GREENMOUNT LANE, BOLTON, BL1 5JB
Proposal: DEMOLITION OF PROPERTIES AND ERECTION OF FOUR DETACHED HOUSES WITH ASSOCIATED GARAGES
Ward: Heaton and Lostock
Applicant: Charles Topham & Sons Ltd Agent : PWL Architects Ltd
Officers Report
Proposal The Applicant proposes the demolition of 231 and 233 Greenmount Lane and the subsequent redevelopment of the site to contain four detached houses. The dwelling at 235 Greenmount Lane would be retained. The existing access to 233 Greenmount Lane would be widened to serve the new development. A double garage is proposed for each dwelling.
Members are advised that this scheme is identical to the one refused at the 22nd February meeting of the Planning and Highways Committee, except that the building forming two flats, together with garaging, has now been removed from the proposal.
Site Characteristics The site comprises the rear garden of 235 Greenmount Lane and the sites of Nos 231 and 233 Greenmount Lane. Some trees on or overhanging the site are subject to a Tree Preservation Order. The character of the surrounding area is wholly residential and contains house designs typical of Heaton.
Policy PPS1 Delivering Sustainable Communities PPG3 Housing PPG13 Transport
UDP Policies H3 Housing, D2 Design, N7 Trees, Woodland and Hedgerows, A5 Roads, Paths, Servicing and Car Parking
PCPN2 Space Around Dwellings, PCPN21 Highway Considerations, and PCPN27 Housing
History An application for the demolition of 231 and 233 Greenmount Lane and the erection of four detached houses together with building comprising two flats was refused in February 2007 for the following reason:- 51
"1. The proposal represents an over-development of the site which will result in a loss of outlook and privacy for neighbouring occupiers of properties on Kingwood Avenue and is therefore not compatible with its surroundings in terms of layout, height and massing, contrary to Policy D2 of Bolton's Unitary Development Plan, Planning Control Policy Note No.2 "Space Around Dwellings" and Planning Control Policy Note No.27 "Housing".
An application for the demolition of 231 and 233 Greenmount Lane and the erection of seven detached houses and one apartment over a garage was withdrawn by the Applicant in June 2006. (744133/06)
Planning permission for the demolition of 231 and 233 Greenmount Lane and the erection of 5 detached houses and associated garages was refused in January 2006 for the following reasons:- (72407/05):-
"1. The proposal represents an over-development of the site which will result in a loss of outlook and privacy for neighbouring occupiers of properties on Kingwood Avenue and is therefore not compatible with its surroundings in terms of layout, height and massing, contrary to Policy D2 of Bolton's Unitary Development Plan, Planning Control Policy Note No.2 "Space Around Dwellings" and Planning Control Policy Note No.27 "Housing".
2. The proposed development would be contrary to Policies N7 and N8 of Bolton's Unitary Development Plan and Planning Control Policy Note No.7 "Trees : Protection and Planting in New Development" in that it would result in the unacceptable loss of trees from the site, to the detriment of the character, appearance and amenity of the application site and the area in which it is set."
Technical Consultations Bolton Council - Highway Engineers:- a footway must be provided with the private road in order to give a pedestrian link from Greenmount Lane to the development. The developer needs to implement traffic calming within the locality and this is likely to have a value of £6,000, secured by a Section 278 Highway Agreement. Details of the traffic calming will be secured by condition.
Bolton Council - Environmental Health Officers:- consider the environmental risk to the site to be low but recommend the inclusion of a condition to cover for the eventuality of finding contamination.
Bolton Council - Tree and Woodland Officers:- confirms that the proposed layout of the site is acceptable. The clearance to the Beech tree to the south of the main access is poor and the tree could be adversely affected. It is recommended that if the tree is lost to development then two semi -mature trees are planted on this frontage to replace it.
Bolton Council - Conservation and Urban Design Officers:- consider the development would interrupt and dislocate the established urban grain and the structure of routes and spaces.
52 Greater Manchester Ecology Unit:- the Unit is satisfied that the demolition should not affect the favourable conservation status of bats. However, given the time that has passed since this previous survey, it is recommended that a condition be placed on any permission, if granted, that prior to any works or felling of any trees a bat survey should be undertaken by a licensed bat consultant.
Representations Letters:- a total of 5 letters of objection have been received from residents of Greenmount Lane, Markland Hill Close and Kingwood Avenue. The grounds of objection include:-
• loss of habitable dwellings • dominant impact on property on Kingwood Avenue ("Kenlan") • too tall • loss of trees and wildlife from the site • increased traffic generation • highway safety • increased density • design incompatible with surroundings and street-scene
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:-
* the principle of residential development * impact on the living conditions enjoyed at adjacent properties * impact on trees * impact on the highway
The Principle of Residential Development 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 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. UDP Policy H3 and PCPN 27 Housing are
53 reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPS3.
As the site is formed by the curtilage of three existing dwellings it falls within the definition of previously-developed land. It lies within the urban area and a short distance from public transport links. The area is wholly residential in character. Whilst the two existing dwellings are habitable and considered to contribute positively to the character of the area, they are not Listed Buildings, nor do they lie within a Conservation Area and therefore there are no effective controls to ensure their retention.
The residential development of this site is considered to be acceptable in principle.
Impact on the Living Conditions enjoyed at Adjacent Properties UDP Policy D2 states that the Council will permit development proposals that contribute to good urban design. Proposals should be compatible with, or improve their surroundings. PCPN2 sets out minimum interface distances to prevent new development causing overlooking, loss of privacy or dominance of outlook.
A previous application was refused due to its impact on the living conditions of properties on Kingwood Avenue. In comparison to the previous proposal, plot 2 has been changed so that the property now has its principal windows facing east and west, rather than north and south. This means that it presents a blank elevation to the properties on Kingwood Avenue to the south, save for two non-principal windows serving a ground floor WC and a first floor dressing room. The interface distances recommended by PCPN2 take into account both the preservation of a reasonable amount of privacy and also the outlook from existing dwellings. For this reason, the recommended distance between two properties, where the elevation of the new dwelling contains no principal windows is reduced from 21 metres to 13.5 metres for two storey dwellings. PCPN2 also makes provisions for instances where a change in levels occurs between the sites, or where there is a difference in terms of storeys. The new dwellings are not considered to be three storey in design, they are two storey dwellings with accommodation in the pitched roofspace facilitated by the provision of dormer windows.
The Applicant has provided a plan with the rear extensions and bay windows of Trevena, Denholme, Kenlan and Greenways plotted on them. At its closest, the interface between the side elevation of the new house on plot 4 and the ground floor bay window of Kenlan would be 17.5 metres. This is four metres in excess of the minimum interface required by PCPN2. The additional distance is considered to compensate for both the change in levels between the sites, and also the additional bulk created by the dormer windows. The new dwellings are sited to the north and therefore will not overshadow the existing dwellings.
The proposal is not considered to harmfully affect the privacy or outlook of properties on Kingwood Avenue and is considered to be acceptable in terms of impact on adjacent properties. The concerns of the conservation Officers should not in this case because of the limited effect of the development on the street scene warrant a refusal of consent.
Impact on Trees UDP Policy N7 states that the Council will not permit development proposals that would result in the loss of trees of amenity value.
54
In their consideration of a previous proposal at this site, Members took the view that trees on the frontage were of a higher amenity value than those within the site. Tree loss within the site would be acceptable, particularly if this allowed for improved clearance between the existing and proposed properties.
The proposal is now considered to be acceptable to the Council's Tree and Woodland Officer, subject to new planting on the frontage should the Beech tree at the south of the access point be lost to the development.
The proposal is considered to comply with UDP Policy N7.
Impact on the Highway UDP policy A5 seeks to ensure that development does not have a detrimental impact upon the highway, this policy objective is supported by PCPN21.
It is not considered that this proposal will have a detrimental impact on road safety given the existing access arrangements and the negligible increase in traffic generation on the local roads. The proposed access would be widened at the request of the Highway Engineers and a bin store has been provided.
The proposal is considered to comply with policies relating to the road network.
Conclusion The proposal represents a more efficient use of previously-developed land for housing, a key aim of both local and national housing policy. In order to achieve this aim, housing densities need to increase and interface requirements should not be applied rigidly, particularly in cases where planning conditions for landscaping and boundary treatments can be used to ensure that privacy is not unreasonably affected.
The proposal is considered to make good use of existing housing land without compromising the living conditions enjoyed at nearby properties.
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.
55 Reason
To ensure the development safeguards the character and visual appearance of the locality.
3. 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.
4. 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 trees within the site which are of important amenity value to the area.
5. 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 a scheme shall seek to retain the existing trees within the site (or their replacement with trees of a similar standard) and 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 and screen the development proposed and to enhance and improve the setting of the development within the landscape of the surrounding locality.
6. Phase I Report No development shall commence unless or until a Phase I Report (Preliminary Risk Assessment) to assess the actual and/or potential contamination risks at the site has been submitted to, and approved in writing by, the Local Planning Authority. The Report shall include a desk top study, site walk over, conceptual model, basic hazard assessment and recommendation regarding the need or otherwise for a Phase II Report. Phase II Report Should the 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
56 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
To ensure that the development is safe for use.
7. 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 5 has been erected.
Reason
In order that the Local Planning Authority can inspect the protective fencing with a view to to avoiding damage to trees within and overhangingthe site which are of important amenity value to the area.
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.
9. 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.
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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.
10. 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) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.
Reason
The private garden space of the dwellings is limited and any extension would result in an unsatisfactory scheme in terms of open space and privacy requirements.
11. 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.
12. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 33 metres is provided at the junction of the private road with Greenmount 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.
13. The development hereby approved/permitted shall not be brought into use unless and until the private road has been improved to a minimum width of 4.5 metres, with 3 metres radii to Greenmount Lane and retained as such thereafter.
Reason
In the interests of highway safety.
14. The development hereby approved/permitted shall not be brought into use unless and until the means of vehicular access from the private road has been constructed and laid out entirely in accordance with the approved plans.
Reason
In the interests of highway safety.
15. No development shall be commenced unless and until full details of traffic calming measures within the area 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.
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16. Prior to the commencement of any development works on the site, the developer shall undertake an up to date ecological survey of the land to establish whether or not any bats or bat roosts are present. Where species or their habitat are found to be present, a mitigation report shall be prepared and submitted to the Local Planning Authority. No development or site clearance shall take place until the Local Planning Authority has agreed the mitigation measures in writing, and these measures shall then be implemented in accordance with the approved details.
Reason
To protect the interests of any protected bats, which may be present on the site.
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61 62 63 64
Date of Meeting: 14 June 2007 Item Number: 6
Application Reference: 76392/07
Type of Application: Full Planning Application Registration Date: 08/02/2007 Decision Due By: 05/04/2007 Responsible Jon Berry Officer:
Location: 28 LEVER PARK AVENUE, HORWICH, BOLTON, BL6 7LG
Proposal: ERECTION OF ONE DETACHED DWELLING WITH DETACHED DOUBLE GARAGE
Ward: Horwich North East
Applicant: A Brackenridge Agent : James Campbell Associates Ltd.
Officers Report
Proposal The proposal is for the redevelopment of the site which was formerly occupied by a bungalow until it was recently demolished.
The new dwelling would have one storey beneath eaves level but 4 bedrooms would be accommodated in the roofspace above this level. 5 rooflights would be included in the front slope and 2 dormer windows and 2 rooflights would be created in the rear slope. The proposed design includes brick bay windows and render.
The footprint of the dwelling would be positioned in a similar part of the site to that of the bungalow, but would cover a larger area. The measurements of the proposed property are 12.56 by 13.70 metres for the footprint and 6.73 metres to the roof ridgeline.
A detached double garage would be constructed in the rear corner of the application site. This would be accessed via an extension to the existing driveway and the creation of a new vehicular turning head.
The remainder of the site is to be occupied by gardens. The existing summer house in the rear garden is to be demolished. No trees would be affected by the development.
The application is supported by a Design and Access Statement, a land contamination study and a street scene elevation.
Site Characteristics The application site is located within the well established residential street scene of Lever Park Avenue. This includes a mix of housing types including bungalows and 2-storey houses. The properties in this area are set in generous plots and the buildings are set relatively close to the highway behind tight front gardens with extensive lawned gardens to the rear.
28 Lever Park Avenue was formerly a bungalow but this has now been demolished and the rubble of the building remains on the site. The small front garden which falls gently down to 65 a low brick boundary wall at the front of the site and the vegetation at the frontage is still evident. There are large Elm trees on the pavement to the front of the properties in this part of the street.
The driveway is located along the southern boundary of the site. To the rear of the former building is a large open lawned area and a small summer house stands in the corner. The character and appearance of the application site is reflective of the established layout of development along this stretch of Lever Park Avenue where the highway bends in a westerly-northerly direction.
26 Lever Park Avenue has recently been converted into a pair of semi-detached dwellings and the roof height has been extended to measure 6.85 metres from the ground to ridge level. Further to the north, the bungalows at 30 and 32 are of different design and have higher ridgelines. 22 and 24 are 2-storey houses which are considerably higher and bulkier in scale.
Policy PPS 3 Housing
UDP Policies H3 Determining Housing Applications, H5 Housing Density, D2 Design, A5 Roads, Paths, Car Parking and Servicing, A6 Car Parking, N7 Trees, Woodland and Hedgerows and N8 Protected Trees
PCPN 2 Space around Dwellings, PCPN 7 Trees: Protection and Planting in New Developments, PCPN 10 Planning Out Crime, PCPN 21 Highways Considerations and PCPN 27 New Housing Development.
History A planning application for the demolition of the existing building and the erection of one new dwelling was withdrawn by the Applicant in December 2006 (75629/06).
Planning permission was granted in February 2006 for the change of use of 26 Lever Park Avenue from a detached bungalow into a pair of semi-detached bungalows together with an extension at the rear and roof lights at the front (72484/05).
Planning permission was refused in September 2005 for the change of use of 26 Lever Park Avenue from a detached bungalow into a pair of semi-detached bungalows together with extension at the rear and roof lights at the front (71809/05).
Technical Consultations Bolton Council - Highway Engineers:- raise no objections to the proposal subject to the standard of the turning head to the front of the garage being improved and a planning condition being included to secure the retention of the garage for car parking use only
Bolton Council - Environmental Health Officers:- have no objections subject to the inclusion of a planning condition to secure a Phase II land contamination study
Representations
66 Letters:- 2 letters have been received raising objections to a perceived overdevelopment of the site and because 2 main windows in the gable elevation of 30 Lever Park Avenue would directly face the gable elevation of the proposed dwelling
Horwich Town Council:- raise no objections.
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 character and appearance of the area * impact on the living conditions enjoyed by the neighbouring residents
Impact on the character and appearance of the area UDP Policies H3 and H5 direct new housing development to brownfield sites within the urban area where there is opportunity to make more efficient use of land. The principle of the proposed development is therefore acceptable and it would add to the mix of housing types in the area.
UDP Policy D2 relates specifically to design and states that the Council will permit developments that, amongst other matters, are compatible with, or improve, their surroundings in terms of their layout, density, height, massing, architectural style, materials and landscaping.
A previous application for a similar proposal was withdrawn by the Applicant following concerns raised by the Council's Urban Design Officers. The Applicant has now simplified the design to propose 2 bay windows and rooflights at the front elevation with only 2 dormer windows and 2 rooflights included at the rear. A street scene elevation has also been provided to demonstrate that the proposed ridgeline height of 6.73 metres above ground level would ensure that the roofs would step down gently from 26 to 30 Lever Park Avenue. The footprint size is similar to those of the adjacent properties and the proposed layout reflects the established pattern of development in the street scene as there is scope for gardens to the rear and in front of the building line. A planning condition is to be included to ensure the existing planting in the peripheral areas of the site is reinforced. The detached garage would be set well back in the rear garden and would not be prominent in the street scene or from neighbouring windows.
67
The design of the proposal has been significantly improved from the previously refused application and accords with UDP Policy D2.
Impact on the living conditions of the neighbouring residents PCPN 2 sets out the Council's guidance for protecting the privacy and outlook enjoyed by neighbouring residents when considering development proposals.
An objection has been received from the owners of 30 Lever Park Avenue who are concerned that the proposed dwelling would fall within direct view of the existing main windows on the facing gable elevation. PCPN 2 requires a separation distance of 9 metres for single storey development and 13.5 metres for 2-storey development and the proposed dwelling would fail to meet these guidelines being only approximately 5 metres away from No 30 .
The objector has dining room and bedroom windows facing the application site. These are usually classed as main windows. However, PCPN 2 recognises that main windows would usually be located on the front and rear elevations and in this case would therefore overlook the private garden areas. The owners of 30 Lever Park Avenue have developed a loft conversion which was not part of the original dwelling into a bedroom to take views directly over private land outside their ownership. The dining room may have been part of the original layout but this faces the 1 metre high party boundary timber fence and the Leylandii shrubbery which has grown above it.
Furthermore, these facing windows were until recently directed towards the bungalow which stood on the site and the proposed development would share a similar, albeit larger, footprint although it is approximately 1 metre higher. The height, scale and mass of the building would be reflective of the existing properties in the area.
This is currently an infill plot in clear need of redevelopment and the objections received are not considered to be sustainable. The proposal conforms to PCPN 2.
Value Added to and by the Development Following discussions between the Applicant and Council Officers, the previously refused scheme has been amended to achieve a design of building that is sympathetic to the street scene and the surrounding area. The development would make more efficient use of an existing urban site and add to the mix of house types in the locality.
Conclusion The design of the proposed dwelling would be reflective of the street scene and the surrounding area in accordance with UDP Policies D2, H3 and H5. The scheme would also not unreasonably harm the living conditions enjoyed by the adjacent residents. It is therefore recommended that planning permission be granted subject to conditions to secure satisfactory details in respect of the finer aspects of the development including materials, levels, planting and boundary treatment.
Recommendation: Approve subject to conditions
Recommended Conditions and/or Reasons
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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: 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
To ensure that the development is safe for use.
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3. 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.
4. The materials to be used in the construction of the external surfaces of the development hereby permitted shall match the colour, texture and size of those of the existing building, and shall be retained thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
5. All new window frames to the building 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.
6. The dormer fronts and cheeks shall be clad in tiles to match those of the existing roof.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
7. The roof lights shall be fitted flush with the plane of the roof in accordance with details to be submitted to and approved by the Local Planning Authority, before the commencement of the development, and retained thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
8. Unless otherwise agreed in writing with the Local Planning Authority, prior to the development hereby approved/permitted being brought into use, the bathroom, sitting room and utility windows and door in the northern and southern side elevations (facing 26 and 30 Lever Park Avenue) of the development hereby approved/permitted shall be provided with and permanently glazed, in textured glass whose obscuration level is 5 on a scale of 1 - 5 (where 1 is clear and 5 is completely obscure).
Reason
To ensure adequate standards of privacy are obtained.
9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) unless otherwise agreed in writing with the Local Planning Authority no windows, doors or other openings shall be formed in the northern and southern side elevations (facing 26 and 30 Lever Park Avenue) of the development hereby
70 approved/permitted other than those shown on the approved drawings.
Reason
To ensure adequate standards of privacy are obtained.
10. 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.
11. 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.
12. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Lever Park Avenue 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. 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 areas provided.
14. The development hereby approved/permitted shall not be brought into use unless and until provision has been made for a vehicle turning area which will enable vehicles to enter and leave the site in a forward gear, and shall be laid out in accordance with the detailed plan hereby attached to this decision notice. Thereafter such facilities shall not be used for any purposes except the turning of vehicles.
Reason
In the interests of highway safety.
71 72
15. The garage hereby approved/permitted shall be made available at all times for the parking of a motor vehicle.
Reason
The loss of garage spaces would be likely to lead to an increase in on-street parking to the general detriment of highway safety.
16. 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) no dormers shall be constructed or other alterations to the roof carried out on the approved dwellings other than those expressly authorised by this permission.
Reason
To safeguard the architectural character and appearance of the dwelling.
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75 76 77 78
Date of Meeting: 14 June 2007 Item Number: 7
Application Reference: 77085/07
Type of Application: Full Planning Application Registration Date: 13/04/2007 Decision Due By: 13/07/2007 Responsible Helen Williams Officer:
Location: LAND AT OLD HALL STREET, KEARSLEY, BOLTON
Proposal: ERECTION OF FIVE APARTMENT BUILDINGS COMPRISING 64 APARTMENTS
Ward: Kearsley
Applicant: Harron Homes Agent : Plan A
Officers Report
Background This application was deferred at the last Committee Meeting for a site visit.
To answer Cllr. Critchley's query, there is no planning permission for residential development on the K. and S. J. Harvey site opposite the application site, only on the site to the south west of the application site, the former Hipwood and Grundy site.
Proposal Planning permission is sought for the erection of five apartment buildings, which are to contain 64 units. Three and a half of the apartment buildings are proposed at four storeys high, while the remainder of the buildings are three and a half storeys. All apartment buildings will have pitched roofs and balconies and will be constructed of red brick and render.
Access into the development is proposed off Old Hall Street, opposite K. & S. J. Harvey and Sons. 64 surface car parking spaces are proposed within the development.
Site Characteristics The application site is used currently for commercial trailer storage (known locally as the John Charlton site) and is considered to be unsightly. A number of trees border the site. The application site fronts onto both Bolton Road and Old Hall Lane and therefore takes a prominent location.
The corner of Bolton Road and Old Hall Street is not included in the application site. The majority of this area is grassed with a central seating area. The remainder of the corner is self seeded grass and vegetation, once being occupied by buildings.
To the north of the application site (Bolton Road) are a mix of residential and commercial properties, mainly terraced properties. To the east and west are commercial properties and to the south are further residential dwellings and The Clock Face Public House. To the south
79 west of the site is the former Hipwood and Grundy haulage site, which has planning permission for the erection of 114 residential units (application 75033/06).
Policy PPS1 Creating Sustainable Communities PPS3 Housing PPG13 Transport
UDP Policies: EM2 Incompatible Uses; EM4 Contaminated Land; D2 Design; D3 Landscaping; D5 Public Art; O4 Provision of Open Space in New Developments; A5 Road Network; A6 Car Parking Standards; A7 Cycle Parking; A9 Access for People with Disabilities; H3 Housing Applications; H4 Affordable Housing; H5 Housing Density.
PCPN1 Health, Well Being and Quality of Life; PCPN2 Space Around Dwellings; PCPN8 Children's Play within New Residential Developments; PCPN10 Planning Out Crime; PCPN21 Highways Considerations; PCPN22 Public Art; PCPN26 Affordable Housing; PCPN27 Housing Development; PCPN30 Provision for Education.
History A planning application for the erection of five apartment buildings comprising 64 apartments was withdrawn by the Applicant 17th April 2007 (application 75513/06). This application was for a larger site area, part of that site has been excluded under this resubmission.
The application site was part of a larger application for a proposal to demolish all buildings on site and erect a retail food store (siting and means of access details only) (application 51967/97). This application was withdrawn March 2001.
An application for the erection of 70,000 sq. ft. non-food retail units (siting and means of access only) was also withdrawn September 2001 (42863/93).
Planning permission was refused in June 1990 for the erection of a petrol filling station, car wash and motorist centre (application 35333/89). This application was refused as it was felt there would be an increase in traffic and congestion on Bolton Road and that the proposed access was dangerous.
Technical Consultations Bolton Council - Highway Engineers:- state that the Transport Assessment for the residential site opposite (application 75033/06) took into account the potential traffic generation for this application site and the review concurred that the proposed development will have a limited impact on the existing highway network. The site boundary to the east indicates encroachment into the unadopted highway and closure under Town and Country Planning Act powers would be required before the development could commence. An application for such a closure would not be supported by the Highway Authority because of the potential impact on the access to the industrial units.
Bolton Council - Environmental Health Officers:- have concerns regarding the proximity of the proposed residential development with the surrounding
80 industrial/commercial development. Officers therefore recommend conditions for a noise assessment and acoustic glazed windows. Also request a condition referring to a Phase II study.
Bolton Council - Landscape Architects:- are requesting £64,768 towards open space provision.
Bolton Council - Education Officers:- have calculated that no education contribution is required for this development.
Bolton Council - Strategic Housing Officers:- have agreed to the Applicant's offer of providing four affordable units on the site at 60% discount. The affordable units will be offered to St. Vincent's Housing Association.
Greater Manchester Police - Crime Prevention Officers:- recommend a number of improvements to the scheme to increase security, such as boundary details, access arrangements and external lighting.
Greater Manchester Ecology Unit:- recommend that there should be no works to or felling of any trees or scrub on the site during the bird breeding season (March to July inclusive) and that the design and landscaping of the development should increase the bat roost potential and foraging potential on the site.
United Utilities:- have no objection to the proposal.
Representations Letters:- No letter of objection has been received. However, at the time of writing the report for tehe last Committee meeting (31st May) it was expected that a letter of objection would be received on behalf of the owners of the site adjoining the application site (former 14-20 Bolton Road, land between the seating area on the corner of Bolton Road and Old Hall Street and the application site). This letter was expected to raise an objection to the proposal on the grounds that the proposed residential development would be a lost opportunity in that it has not addressed a holistic approach to the redevelopment of this prominent gateway site into Farnworth.
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.
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The main impacts of the proposal are:-
• impact on urban regeneration • impact on the character and appearance of the surrounding area • impact on the amenity of neighbouring properties and future residents • impact on the highway • impact on the existing infrastructure
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 on previously developed land within the urban area. The site is within walking distance from Farnworth Town Centre and is also well served by a frequent bus service into the both Bolton Town Centre and Manchester City Centre. Local schools and services are also within easy reach of the site. It is therefore considered that this application would satisfy the criteria within PPS3 as well as policies H3 and A8 in the UDP.
Affordable housing provision also makes a contribution to the issue of urban regeneration and the Applicant has agreed to the provision of four affordable units on site as part of this development.
The application site represents a gateway site into Farnworth Town Centre and is highly visible when entering the Farnworth from St. Peter's Way (the A666). The site in its current state is perceived as an eyesore and therefore its redevelopment will provide an improved entrance into the Town Centre.
Impact on the Character and Appearance 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 residential development is to consist of a mix of three and a half and four storey apartment buildings. It is considered that the application site can support the proposed height of the development due to its location immediately off the A666 and as it is ultimately a gateway site into Farnworth Town Centre. As requested by the Planning Officer, the Applicant has reduced the height of Block E from four storeys to three and a half storeys and has deleted all ground floor balconies from the plans. The amended plans are considered to be an improvement to the overall scheme.
The Applicant has also agreed to improve the appearance of the rear elevations of Blocks B, C, D and E through the inclusion of the following condition:
82 “No development shall be commenced until full details of the rear elevations of Blocks B, C, D and E have been submitted to and approved by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.”
It is considered that the design, layout and density of the proposed development is acceptable and would not be detrimental to the surrounding area.
Impact on the Amenity of Neighbouring Properties and Future Residents PCPN2 "Space Around Dwellings" sets out the minimum interface distances required between new and existing dwellings. For four storey dwellings this would be a minimum interface distance of 27 metres. The application proposes an interface distance of 27.09 metres between the four storey element of Block C and the existing terraced houses on Bolton Road. The Council's minimum interface distances are therefore just met and it is therefore considered that the proposed residential development will not have a negative impact on the living conditions of the neighbouring dwellings in the area. Internal interface distances within the development also comply with the standards within PCPN2.
The Council's Environmental Health Officers have concerns regarding the proximity of the proposed residential development with the surrounding industrial/commercial development. The intensity of the commercial uses surrounding the application site have however been reduced over the years with the encroachment of residential development on sites such as Hipwood and Grundy's, Old Hall Street and the former Victory Works, Grundy Street. The conditions the Officers have suggested are therefore considered to be adequate for safeguarding the amenity of future residents.
There is a lack of open amenity space provided within the proposed development. However each apartment unit has the benefit of balcony space, which is considered to meet the requirements with PCPN2.
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 makes appropriate provision for parking, the needs of pedestrians and vehicle manoeuvring.
The Council's Highways Engineers have confirmed that the Transport Assessment submitted to support the planning application across the road at the former Hipwood and Grundy site (application 75033/06) took into account the potential traffic generation for this application site and the review concurred that the proposed development will have a limited impact on the existing highway network. It has been concluded that there is sufficient capacity for the development traffic at the junctions and that the overall impact on the junctions from the extra traffic is likely to be small. It is therefore considered that the proposal will not have an adverse impact on the road network and is in accordance with Policy A5 of the UDP and PCPN21.
64 car parking spaces have been proposed within the development to cater for the 64 proposed residential units. Therefore 100 per cent parking is proposed on site, which is in accordance with planning guidance set out in Policy A5 and Appendix 7 of the UDP.
83 Impact on the Existing Infrastructure Policies H3, O4 and A4 of the UDP and PCPNs 1, 8, 22, 26 and 30 all seek to ensure that the existing and proposed infrastructure has the capacity to absorb the proposed development. This includes requirements for affordable housing, an off site contribution towards children's play space, health facilities and public art. No education contribution is required for this development as there is a surplus of school places in the area.
Affordable Housing: the Applicant has agreed with the Council's Strategic Housing Officers to provide four affordable units on site at 60% discount value. These units are to be offered to St. Vincent's Housing Association.
Children's Play Space provision: the Landscape Design section have stated that a total of £64,768 would be required in lieu of on site open space provision.
Health provision: based on the guidance within PCPN1, a sum of £12,352 for off-site health facilities is required.
Public Art provision: this has been calculated at £27,000 for off-site provision.
The contributions required by the Section 106 Agreement equate to £104,120.
Conclusion This proposal is considered to meet policy requirements and is felt to be compatible with the character of the surrounding area. It is considered that the proposal would not unduly impact on the living conditions of adjacent residents and that adequate levels of privacy and light for future residents would be obtained. It is also considered that the proposal would not jeopardise highway safety and that it makes sufficient provision for local infrastructure.
Therefore Members are recommended to delegate the decision to the Director to secure the affordable housing provision and off site contributions towards health, public open space and public art.
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. 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
84
To ensure the development safeguards the character and visual appearance of the locality.
3. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Old Hall Street 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.
4. 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.
5. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Bolton Road has been closed to vehicles, and the existing highway made good to adoptable footway standards. There shall thereafter be no means of vehicular access to or from Bolton Road, other than as shown on the approved plan.
Reason
In the interests of highway safety.
6. The development hereby approved/permitted shall not be brought into use unless and until a kerb radius improvement and footways constructed to the tangent point has been constructed entirely in accordance with the details shown in red on the plan attached to this permission, and thereafter retained.
Reason
In the interests of highway safety.
7. 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.
8. 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
85 development within the landscape character of the locality.
9. 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.
10. Before development commences details of the provision to be made for cycle parking within 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 hereby approved is first brought into use and retained thereafter.
Reason
To encourage cycle use and provide adequate facilities for cyclists.
11. No development shall be commenced until full details of the rear elevations of Blocks B, C, D and E have been submitted to and approved by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.
Reason
For avoidance of doubt.
12. The development hereby approved/permitted shall not be brought into use unless and until a detailed specification for all balconies has been 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.
13. Prior to commencement of development a noise assessment shall be carried out to ensure a satisfactory scheme is adopted for the protection of the future occupants against externally generated noise. The assessment shall be submitted to and approved by the Local Planning Authority. Such details as approved shall be implemented in full before the development is first brought into use and retained thereafter.
Reason
To safeguard the living conditions of prospective residents particularly with regard to the effects of noise.
14. Prior to first occupation of the development hereby approved/permitted, the windows of all habitable rooms to the northern elevation facing Bolton Road shall be acoustically dual glazed to the standards of the Noise Insulation Regulations 1975 (as amended) and those windows shall be so retained thereafter. 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.
86 Reason
To safeguard the living conditions of prospective residents particularly with regard to the effects of noise.
15. 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
To ensure that the development is safe for use.
87
89 90 91 92
Date of Meeting: 14 June 2007 Item Number: 8
Application Reference: 77182/07
Type of Application: Full Planning Application Registration Date: 24/04/2007 Decision Due By: 19/06/2007 Responsible Helen Williams Officer:
Location: PARK VIEW SERVICE STATION, BOLTON ROAD, KEARSLEY, BOLTON, BL4 9BU
Proposal: INSTALLATION OF FREESTANDING ATM AND ANTI-RAM BOLLARDS
Ward: Kearsley
Applicant: NCR Limited Agent : Technical Solutions Brecks Ltd
Officers Report
Policy UDP 2005 D2 Design, EM2 incompatible uses,
Planning Control Policy Notes No.10 Planning out crime
History None relevant to the determination of this application.
Technical Consultations Bolton Council - Highway Engineers:- no objections.
Greater Manchester Police - Crime Prevention Officers:- any comments received to be reported at Committee.
Representations Petitions:- a petition has been submitted in objection to the proposal signed by 29 residents and or businesses in the local area. The objections relate to the perceived problems of traffic congestion and conflicts in vehicle movements within and on to the site and that it will encourage youths to congregate in the locality to the detriment of living conditions of nearby dwellings.
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.
93 94 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 living conditions of nearby dwellings. * impact on highway safety.
Impact on living conditions of nearby dwellings. The proposal is considered to be a common ancillary service within petrol service stations and it is considered that any effect on living conditions would be very limited and could not support a refusal.
Impact on highway safety. In this regard the Councils' Highway Engineers have no objections on highway grounds and again refusal cannot be sustained on the basis of the comments made within the petition.
Conclusion The proposal is considered to be acceptable in that it is judged that it will not unduly impact on the surrounding residential property nor highway safety. Members are recommended to approve the application.
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.
95
97 98
Date of Meeting: 14 June 2007 Item Number: 9
Application Reference: 76893/07
Type of Application: Full Planning Application Registration Date: 23/03/2007 Decision Due By: 22/06/2007 Responsible Helen Williams Officer:
Location: FEARNEYSIDE, LITTLE LEVER, BOLTON
Proposal: ERECTION OF 23 HOUSES & 12 APARTMENTS
Ward: Little Lever and Darcy Lever
Applicant: Rowland Homes Agent :
Officers Report
Background This application was deferred at the last Committee meeting for further information.
Apartment Building The apartment building is proposed at three storeys only. There are no units proposed within the roofspace. The window shown on the plans above the third storey therefore does not serve a purpose, apart from it being aesthetically pleasing.
Condition 6 This condition has been amended so that it now reads as follows:
"No development shall be commenced unless and until full details of the highway works at Fearneyside and the junction with Church Street as indicated on the submitted plans have been submitted to and approved by the Local Planning Authority. Fearneyside shall be made up to a minimum base course level prior to (or as the immediate first part of) any commencement of development and all approved highway works shall be completed in full prior to first occupation of any residential unit. Such works to be retained thereafter."
Other Matters The following outstanding matters shall be addressed within the Supplementary Information document, to be handed out prior to the Meeting:
• Hours of construction; • Section 106 issues; • A possible temporary construction access into the site; • Possible acoustic fencing along the boundary of 7 Derwent; • Highways matters, including likely timing of road works on Fearneyside.
Proposal Planning permission is sought for the erection of six detached houses, fourteen semi- detached houses, three mews houses and one apartment building containing twelve two
99 bedroom units. The houses are to be a mix of two, two and a half and three storeys and the apartment building is to be three storey high.
The houses are to be sited around a cul-de-sac and the apartment building will be located to the rear of the site in the north western corner.
The proposal involves highway improvement works to Fearneyside to bring the road up to an adoptable standard and is to be carried out in accordance with an agreement under Section 228 of the Highways Act. These works will include traffic calming measures and the section of road between Church Street and Rydal Road will be up-graded to be suitable for use by buses.
Site Characteristics The application site covers approximately 0.69 hectares and is the site of the former ACDO soap works. The factory building has recently been demolished.
The site is located within a residential area and is bounded on all sides by residential properties. Fearneyside consists of terraced dwellings on its western side and a pair of semi- detached houses on its eastern side. To the north and east of the application site are two storey dwellings and to the east are cul-de-sacs of dormer bungalows.
Fearneyside, past its junction with Rydal Road, is an unadopted road.
There are four trees on the western boundary of the application site that are protected by a Tree Preservation Order, three birch and one cherry.
Policy PPS1 Creating Sustainable Developments PPS3 Housing PPG13 Transport
UDP Policies: N7 Trees, Woodland & Hedgerows; EM1, EM2 Incompatible Uses; EM4 Contaminated Land; D2 Design; D3 Landscaping; O4 Provision of Open Space in New Developments; A4 Developer Contributions; A5 Road Network; A6 Car Parking Standards; A7 Cycle Parking; A9 Access for People with Disabilities; H3 Housing Applications; H4 Affordable Housing; H5 Housing Density; Appendix 7 Car Parking Standards.
PCPN1 Health, Well Being and Quality of Life; PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN8 Children's Play within New Residential Development; PCPN10 Planning Out Crime; PCPN21 Highways Considerations; PCPN26 Affordable Housing; PCPN27 Housing Development; PCPN30 Education Provision.
History Planning permission was granted in 2001 for extensions and alterations to the dye and chemical building (58798/01).
100 A planning application was withdrawn in January 1994 for the erection of 26 houses, the construction of an access road and landscaping on the land between Park Road and the soap works (40985/92).
Technical Consultations Bolton Council - Highway Engineers:- confirm that the Applicant has agreed to make a contribution of £22,500 towards a "Safe Routes to School Scheme". Engineers state that Fearneyside must be made up to base course level as indicated on the submitted plans before any development commences. Bollards must be installed at the back of the footway at the access from Church Street in order to prevent vehicles parking on the land adjacent to the electrical substation. Traffic Regulation Orders must also be promoted at the Applicant's expense (no waiting at any time) at the junction of Church Street and Fearneyside to prevent vehicles parking at this location.
Bolton Council - Environmental Health Officers:- have no objection in principle.
Bolton Council - Tree and Woodland Officers:- state that the proposed layout appears to be acceptable and gives clearance to the protected trees.
Bolton Council - Landscape Architects:- state that a more detailed plan is required to fully establish the full extent of the landscape proposals. The cycle racks to the apartment building should be located near to the front entrance rather than to the rear of the car park and the location of the bin store could be visually intrusive. Further details are therefore required. Officers are requesting a contribution of £37,310 towards play and open space provision.
Bolton Council - Strategic Housing Officers:- have been in discussion with the Applicant. Four affordable units are to be provided on site in the form of four three bedroom houses. Two of these houses will be for rent and two will be for shared ownership. The likely housing association will be Great Places Housing Group.
Greater Manchester Ecology Unit:- no objections on nature grounds and agree with the findings of the bat survey.
United Utilities:- originally objected to the proposal but have since removed their objection after receiving additional information. State that the Applicant must not build over the public sewer.
Representations Letters:- four letters of objection have been received from the residents of 5, 7 and 9 Derwent Close and 59 Park Road. These letters raise the following concerns:
• The three storey apartment building will be out of character with the area; • The surrounding houses are either two storeys high or bungalows; • Neighbouring properties' privacy will be compromised; • The increased traffic will make the congestion on Church Street worse; • Fearneyside is not suitable for the increase in traffic; • Work has already started on the site.
101
Elected Members:- Cllr. Sean Hornby has requested that this application be heard before Committee.
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 urban regeneration • impact on the character, appearance and amenity of the surrounding area • impact on the highway • impact on trees • impact on the existing infrastructure
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 on previously developed land within the urban area and in a residential area of Little Lever. The site is within walking distance of Little Lever Town Centre and is also well served by a frequent bus service into the Bolton Town Centre. Local schools and services are within easy reach of the site. It is therefore considered that this application would satisfy the criteria within PPS3 as well as policies H3 and A8 in the UDP.
Affordable housing provision also makes a contribution to the issue of urban regeneration and negotiations are continuing to establish the provision as part of this development as set out above.
It is considered that the fact that the proposal involves the redevelopment of a site which in land use terms has been incompatible with the main residential land use in the area and furthermore the development not only will result in the improvement of Fearneyside but will
102 result in the removal of the conflict between residential uses and commercial activity, including goods traffic that existed previously.
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 application proposes a residential development around a new cul-de-sac at the end of Fearneyside, the site of the former ACDO works. The houses are proposed as a mix of two, two and a half and three storeys, and the apartment building at the rear of the site is to be three storeys high. Local residents have raised concerns regarding the height of these proposed houses and apartment building in relation to the existing properties that adjoin the site. It is considered that the proposed heights of the buildings will not be detrimental to the character and appearance of the area as the development will form its own enclave at the end of Fearneyside, appearing as a separate entity from the surrounding residential properties.
The interface distances between the proposed dwellings and the existing dwellings along Derwent Close, Ulleswater Close, Park Road and Grasmere Avenue all meet the minimum standards as prescribed within PCPN2 "Space around Dwellings". The minimum interface standard required between three story dwellings and existing dwellings is 24 metres. This 24 metres is indeed met within this application, plus the proposed and existing dwellings do not directly overlook each other. It is therefore also felt that the proposed residential development will not have a negative impact on the living conditions of the neighbouring dwellings in the area. Internal interface distances within the development also comply with the standards within PCPN2.
The density of the proposed residential development is calculated at 50 dwellings per hectare, which is in accordance with Policy H5 of the UDP. Adequate rear garden space is also proposed for each house and the apartment building has a sufficient amount of usable amenity space.
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 makes appropriate provision for parking, the needs of pedestrians and vehicle manoeuvring.
The proposal involves highway improvement works to Fearneyside to bring the road up to an adoptable standard and is to be carried out in accordance with an agreement under Section 228 of the Highways Act. These works will include traffic calming measures and the section of road between Church Street and Rydal Road will be up-graded to be suitable for use by buses.
The Council's Highways Engineers raise no objection in principle to proposed residential development and therefore it is considered that the proposal will not have an adverse impact on the road network and is in accordance with Policy A5 of the UDP and PCPN21.
103 Highways Engineers have also requested £22,500 be paid by the Applicant towards the Council's 'Safe Routes to School Scheme', which shall be undertaken in the locality.
Ample parking provision is proposed within the development in the form of garages, driveways and surface parking. The layout of the estate is therefore also in accordance with planning guidance set out in Policy A5 and Appendix 7 of the UDP.
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.
There are four trees on the western boundary of the application site that have Tree Preservation Orders. These are three birch and one cherry tree. The Applicant proposes to retain these trees within the gardens of Plots 8 and 9. The Council's Tree and Woodlands Officers raise no objection to the scheme and therefore it is felt that the application complies with Policy N7 of the UDP and PCPN7.
Impact on the Existing Infrastructure Policies H3, H4, and O4 of the UDP and PCPN 8, 26 and 30 all seek to ensure that the existing and proposed infrastructure has the capacity to absorb the proposed development. This application requires the provision of affordable housing on the site and off site contributions towards play and open space, health facilities and the 'Safe Routes to School Scheme'.
Affordable Housing: the Council's Strategic Housing team have been in discussion with the Applicant. Four affordable units are to be provided on site in the form of four three bedroom houses. Two of these houses will be for rent and two will be for shared ownership. The likely housing association will be Great Places Housing Group
Play and Open Space provision: the Landscape Design section have stated that a total of £37,310 would be required for off site open space provision.
Contribution towards health facilities: this has been calculated at £6,775 by using the guidance in PCPN1.
Highways contribution: the Council's Highways Engineers have requested the sum of £22,500 towards their 'Safe Routes to School Scheme' that is to be undertaken locally.
There is no requirement for public art provision, as the site is under 1 hectare (as confirmed within Policy D5 of the UDP), nor education provision.
The Applicant has submitted details of associated 'abnormal costs' for the development to the Council in order to establish whether these costs could be offset against the requested Section 106 contributions. These 'abnormal costs' include land remediation costs (as the site
104 was used as a former soap and dye factory) and the upgrading of Fearneyside. At the time of writing this report the Council's Corporate Property section were assessing these 'abnormal costs'. Their view on these costs and the potential subsequent off setting of the Section 106 contributions shall be reported directly to the Committee meeting.
Conclusion This proposal is considered to meet national and local policy requirements and is in keeping with the character of the surrounding area, providing a mix of housing types. It is considered that the proposal would not unduly impact on the living conditions of adjacent residents and that adequate levels of privacy and light for future residents would be obtained. It is also considered that the proposal would not jeopardise highway safety and that it makes sufficient provision for local infrastructure.
Therefore Members are recommended to delegate the decision to the Director to secure affordable housing and off site contributions towards public open space, health and highways.
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. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Church Street/Fearneyside 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.
3. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay at the proposed Plot 1 has been provided 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.
4. 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.
105 Reason
To encourage drivers to make use of the parking and circulation area(s) provided.
5. No dwelling shall be occupied until the access road(s), footway(s) and footpath(s) leading thereto have been constructed in accordance with the approved plans.
Reason
In the interests of highway safety.
6. No development shall be commenced unless and until full details of the highway works at Fearneyside and the junction with Church Street as indicated on the submitted plans have been submitted to and approved by the Local Planning Authority. Fearneyside shall be made up to a minimum base course level prior to (or as the immediate first part of) any commencement of development and all approved highway works shall be completed in full prior to first occupation of any residential unit. Such works to be retained thereafter.
Reason
In the interests of highway safety.
7. 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.
8. The garage(s) hereby approved/permitted shall be sited so as to provide a minimum distance of 6.0 metres between the front of the garage and the adjoining highway.
Reason
To ensure sufficient room is left in front of the garage(s) to allow for parking off the highway.
9. 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 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.
10. 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
To ensure the development safeguards the character and visual appearance of the locality.
106 11. 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.
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. Before development commences details of the provision to be made for cycle parking within 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 hereby approved is first brought into use and retained thereafter.
Reason
To encourage cycle use and provide adequate facilities for cyclists.
14. 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.
15. Before development commences details of all external lighting equipment shall be submitted to and approved by the Local Planning Authority. The lighting in the scheme should be erected, directed and shielded so as to avoid nuisance to residential accommodation in close proximity. The lighting should be designed to provide a standard maintained illumination (LUX) as measured at the nearest residential properties affected, of between 5 and **[20]** LUX with the lower level being the preferable one. No other lighting equipment may then be used within the development other than as approved by the Local Planning Authority.
Reason
To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents.
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
107 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
To ensure that the development is safe for use.
17. 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.
108
18. 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 07 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.
109
111 112 113 114 115 116 117 118
Date of Meeting: 14 June 2007 Item Number: 10
Application Reference: 76808/07
Type of Application: Full Planning Application Registration Date: 09/03/2007 Decision Due By: 04/05/2007 Responsible Martin Mansell Officer:
Location: 95 HARPERS LANE, BOLTON, BL1 6HU
Proposal: OUTLINE APPLICATION TO DEMOLISH HOUSE AND ERECT ONE BUILDING CONSISTING OF 6 NO. TWO BEDROOM APARTMENTS (LAYOUT, SCALE AND ACCESS DETAILS ONLY).
Ward: Smithills
Applicant: Mr P Rimmer Agent :
Officers Report
Proposal Outline consent is sought for the demolition of the existing dwelling at 95 Harpers Lane and the erection of an apartment building comprising 6, two-bedroomed apartments. Details of layout, scale and access details have been provided and other matters are reserved for subsequent approval.
The apartment black would be a regular oblong measuring 9 metres by 21 metres. Nine car parking spaces would be provided at the rear of the site. An access has already been constructed to the rear of the site under permitted development rights.
Whilst the scheme is in outline, an illustrative drawing has been provided showing a pitched roof with a gable fronting Harpers Lane and two dormer windows in the side elevation.
Site Characteristics The Application site itself comprises the front half of the curtilage of 95 Harpers Lane. The character of the surrounding area is wholly residential, with nearby roads such as Beechfield Road and Barcroft Road demonstrating the regular building pattern characteristic of the area, namely semi-detached, two storey properties.
Harpers Lane is a residential street, characterised by a linear pattern of housing development and mature linear tree planting. Houses in the near vicinity of the site are characterised by long narrow rear gardens and are generally typified as inter-war semis, although there is some variation in this design.
Policy PPG3 Housing
UDP Policies D2 Design, H3 Housing, N7 Trees, Woodland and Hedgerows, A5 Roads, Paths, Servicing and Car Parking
119 PCPN2 Space Around Dwelling, PCPN27 Housing Development
History An application for outline permission for the erection of a dwelling in the rear gardens of 95 and 97 Harpers Lane, following the demolition of 95 Harpers Lane, has yet to be decided by the Council (76088/06)
Outline planning permission for the erection of one dwelling the rear gardens of 95 and 97 Harpers Lane was refused in 2006. This proposal is subject to an appeal. (74921/06)
Planning permission for the erection of two dwelling houses in the rear garden of 95 and 97 Harpers Lane was refused in 2005. A subsequent Appeal was dismissed by the Planning Inspectorate in January 2006 (71055/05)
Planning permission for the erection of four dwelling houses in the rear garden of 95 and 97 Harpers Lane was refused in April 2005 (70362/05)
Technical Consultations Bolton Council - Highway Engineers:- raise no objection as long as the access can be provided at a width of 5 metres.
Bolton Council - Environmental Health Officers:- require a Phase 1 desktop study compliant with PPS23 Planning and Pollution Control
Greater Manchester Police - Crime Prevention Officers:- when consulted on previous scheme, the Police have raised concerns that the access down the side of No. 95 will draw visitors and strangers deep into the site and may leave the windows and doors to the side elevation of the property and the adjacent rear gardens accessible and vulnerable to attack.
Representations Letters:- thirteen letters of objection have been received from residents of Harpers Lane. The grounds of objection include:-
• detrimental to the character of the area • increase in traffic on Harpers Lane • property has been recently renovated and demolition would be unsustainable • would not contribute to good urban design • access road inadequate • bin storage would be a problem • too many units for size and shape of site • lounges and living room overlooking properties • spacious gardens are part of character • loss of trees prior to submission of application • more suitable sites in Borough leading to urban regeneration benefits • impact on living conditions of 93 Harpers Lane due to outlook, loss of privacy and intrusion of access road • there is an application yet to be determined at the rear and approval could result in both being built
120 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 urban regeneration * impact on the character and appearance of the area * impact on living conditions
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 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. UDP Policy H3 and PCPN 27 Housing are reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPS3.
The proposal would represent the more efficient use of previously developed land for housing in a sustainable location.
The proposal would be in full compliance with Policy H3 of the Unitary Development Plan.
Impact on the Character and Appearance of the Area UDP Policy D2 states that the Council will permit development proposals that contribute to good urban design. Proposals should be compatible with, or improve, their surroundings in terms of their layout, density, height, massing, architectural style, materials and landscaping and also create a safe and secure environment which minimizes the possibility of crime.
An assessment of the character of the immediate area demonstrates that dwellings on this part of Harpers Lane are generally consistent with designs popular in their time of construction, the 1930's. Semi-detached houses are in the majority, although a number of detached properties exist. The area is also characterised by a generous provision of mature landscaping, often at both the front and the rear of the dwellings.
121 It is considered that the introduction of the apartments scheme proposed would be incompatible with this established character. The footprint of the dwelling, whilst presenting a narrow frontage to the highway, would extend considerably to the rear. The extent of the building and the elongated roof would be visible due to its location at the front of the plot and the widened access road. Although the proposal is in outline form, it is difficult to envisage a design of a six unit apartment scheme which could be compatible with the appearance of the nearby semi-detached houses. It would be necessary to provide windows to at least 12 bedrooms and 6 reception rooms. The windows would have to be either on the front and rear of the new building, where there would result in an over-fenestrated elevation, or be positioned on the side where they would overlook neighbouring properties. The provision for 9 parking spaces would result in the creation of a substantial area of hardstanding which, together with the already constructed access drive, would be incompatible with the mature and generous soft-landscaping provision prevalent in the area.
The proposed apartment scheme is considered to have an adverse impact on the character and appearance of the area tantamount to overdevelopment of the site.
Impact on Living Conditions UDP Policy D2 requires new development to be compatible with its surroundings in terms of layout and design. PCPN2 contains minimum standards considered necessary to avoid harm to the living conditions of nearby residents by way of overlooking, loss of outlook and visual dominance. PCPN2 also contains minimum standards for private amenity space for new development.
Nos. 93, 95 and 97 follow an established stagger with each property sited further forward than the previous one. This means that No 95 sites further back within its plot than No. 97. Extending the built form of No. 95 deeper into the plot will result in a development that is significantly dominant when viewed from the rear windows and rear garden of No.97. This visual dominance is considered to be harmful to the living conditions of occupiers of this property, and contrary to policies seeking to ensure that new development is compatible with its surroundings. This would be exacerbated by the illustrative dormers in the side elevation overlooking rear gardens.
The red edge of the application plan shows the application site to consist almost entirely of built form and hardstanding. Save for a small area at the front of the site, there is no provision for amenity space at all. The front garden cannot be taken into account as it lacks any privacy. It may be that the Applicant intends the rear half of the garden to be used as amenity space, but as there is a history of applications to develop that area of land, together with an as yet undetermined outline application for a new house on the land, this cannot be assumed. In any case, the application should be considered as submitted, and the red edge should be taken to be the application site and to therefore lack any provision for soft landscaping or adequately screened amenity space.
It is considered that the development as proposed would be harmful to the living conditions of existing nearby residents and potential future occupants.
122 Conclusion The proposal is considered to be in full compliance with Policy H3 of the Unitary Development Plan and sections of PPG3 Housing which relate to encouraging the more effective use of previously developed land for housing. However, it is not considered to be compatible with the character of the area by virtue of its design and layout and is therefore contrary to Policy D2. The structure would have an adverse impact on the living conditions presently enjoyed at No. 97 Harpers Lane. Provision for private amenity space is nonexistent and the proposal lacks room for future planting.
The proposal represents an overdevelopment of the site, is contrary to a number of UDP Policies and is recommended for refusal.
Recommendation: Refuse
Recommended Conditions and/or Reasons
1. The proposal represents an over development of the site which will result in a loss of outlook and privacy for neighbouring occupiers, insufficient private, useable amenity space for the new dwellings and a likely external appearance incompatible with the established character of the area and is thus contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.2 "Space Around Dwellings" and No.27 "Housing".
123
125 126
Date of Meeting: 14 June 2007 Item Number: 11
Application Reference: 77181/07
Type of Application: Full Planning Application Registration Date: 24/04/2007 Decision Due By: 19/06/2007 Responsible Martin Mansell Officer:
Location: THE RED HOUSE NURSERY, 38 SMITHILLS CROFT ROAD, BOLTON, BL1 6LN
Proposal: CHANGE OF USE OF FIRST FLOOR FROM RESIDENTIAL TO DAY CARE FACILITY FOR 20 NO CHILDREN AGED ONE TO FIVE
Ward: Smithills
Applicant: Mr & Mrs Bailey Agent : Harry Jackson Surveyors Ltd
Officers Report
Proposal The proposal is to change the use of a first floor flat above an existing children's day care facility into accommodation for an additional 20 children. There are no external changes proposed for the building.
The hours of operation would be 08:00hrs to 18:00hrs Monday to Friday.
It is envisaged that a total of 10 full-time staff would be employed at the site, an increase of 3 over the existing 7.
Site Characteristics The property is a detached former dwelling, with a curtilage measuring 0.15 hectares, much of which consists of a side garden to the west. The front boundary of the garden consists of trees and a hedge. A "pick up / drop off" facility has been provided at the front of the building, required by a condition on the previous consent to use the ground floor as a nursery.
The character of the surrounding area is almost wholly residential, with the major exception being the site of both Smithills School and the North Campus of Bolton Sixth Form College.
Smithills Croft Road links Smithills Dean Road with Barrow Bridge Road/Moss Lane.
Policy UDP: CP4 Provision of Health and Community Facilities, EM2 Incompatible Uses, A5 Roads, Paths, Servicing and Car Parking, A6 Parking Standards (together with Appendix 7);
PCPN21 Highway Considerations
127 History Planning permission was granted in October 1992 for the change of the ground floor of the building to form a day care facility for 29 children (41493/92)
Technical Consultations Bolton Council - Highway Engineers:- the Applicant has provided a site plan which indicates that 12 parking spaces are to be provided both on site and on the adjacent garage colony. Some of these spaces are tandem parking but given the nature of the business, it is considered that this arrangement is acceptable. No highways objections.
Bolton Council - Environmental Health Officers:- to be reported at the meeting
Bolton Council - Early Start:- are in full support of the proposal. The team has liaised with the Children’s Information Service who confirm that there is little provision in the area. It is likely that the only other full day care nursery provision (offering care to babies through to 5 yr olds) in the area (approx 1.5 miles away) will be closing. This will mean that the nearest full day-care provision is in the Shepherd Cross Street area. Other types of provision in the area, which offer different services, consist of a few childminders, one extended service playgroup (term time only care) and 2 primary schools (one of which offers nursery places to over 3yr olds only). There is clearly a need for the proposed extension of the existing facility. The Applicants have undergone the necessary checks with OFSTED and have sought advice from the team.
Representations Letters:- four letters of objection have been received from residents of 31, 33, 35 & 37 Smithills Croft Road, directly opposite the site. The grounds of objections are as follows:-
• Insufficient parking provision for existing facility causes risk to highway safety • Expansion of facility will exacerbate highway problems • Proximity to high school, college and leisure centre also creates through-traffic and demand for parking • Smithills Croft Road is used as a "rat-run" between Moss Bank Way and Smithills Dean Road • Parking prevents local residents from parking near their homes • Parents stopping the road to drop off children, blocking residents drives. Requests to move resulting in disputes • Residents with special needs require access to be kept free
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.
128
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 community provision * impact on residential amenity * impact on highway safety
Impact on Community Provision UDP Policy CP4 states that the Council will permit the development of community facilities either close to or accessible to the communities they serve. The reasoned justification for UDP Policy CP4 includes children's day nurseries in its definition of community facilities.
Children's day nurseries provide a valuable educational and social facility for young children, whilst allowing parents to contribute to economic growth. The principle of this location being appropriate for such a facility has been established by the grant of consent in 1992. The proposal to expand the facility has the full support of the Council's Early Years Development & Childcare Team who confirm the need for this service within the area.
The existing use provides a service to the community and the proposal to increase the number of children will have a positive impact on the provision of such facilities within the Borough.
Impact on residential amenity UDP Policy EM2 relates to the impact of development on existing uses in terms of, for example, noise and disturbance. Policy D2 deals with design matters.
The property is a large detached house, with the designated play area positioned to the west of the building, and therefore separated from residential properties by the garage colony to the west, Smithills Croft Road to the south and the building itself to the east. No residential property shares a boundary with the site, and the front boundary of the play area benefits from extensive screening due to mature landscaping. The hours of operation proposed are 8:00am to 6.00pm and the use can be limited to these hours It is considered that the expansion of the facility can be accommodated without material harm to residential amenity.
It is acknowledged that the expansion of the nursery would increase traffic movements and potentially disturbance in the area, particularly in the morning and evening. However, an increase of 20 two-way vehicle movements is not considered to be such a significant increase as to warrant resisting the proposal, given its acceptability in other respects.
Impact on highway safety UDP Policy A5 seeks to ensure that development does not adversely affect the safety of highway users as well as the safe and efficient circulation of vehicles. Policy A6 and Appendix 7 refer to parking standards.
129 The application indicates that a total of 10 full-time members of staff would be employed at the site. The Council's parking standards refer to a maximum of 1 space per full time member of staff. The 12 spaces proposed exceed this standard. Eight spaces are already provided at the site and the applicant has provided a plan showing an intention to lease a further 4 spaces from Bolton Council on the garage colony to the east. As 12 would be above the maximum threshold for parking provision linked to the use, it is considered that only a condition requiring 10 spaces would satisfy the tests of Circular 11/95 in terms of being reasonably, necessary and relevant to the development proposed.
The Applicant has been made aware that any conditions that relate to them ensuring that parking spaces are made available, and that the "pick up / drop off" facility similarly remains available for its approved use, are enforceable by the Local Planning Authority. Subject to compliance with these conditions, it is considered that the proposed expansion in numbers need not have a detrimental impact on highway safety. This view is in accordance with the advice of the Council's Highway Engineers.
Conclusion The scheme represents the expansion of a valuable facility that can be accommodated without significant harm to residential amenity or highway safety and is recommended accordingly.
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. A maximum of 49 children shall be accommodated within the site of the day nursery at any one time.
Reason
To safeguard the amenity of the area.
3. Before the development hereby approved/permitted is first brought into use not less than 8 car parking spaces and provision for a further 2 cars at the adjacent garage colony shall be marked out and provided for. Such spaces shall be made available for the parking of visitors' and/or staff 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 ingress and egress scheme shown on the approved drawing shall remain in use and available at
130 all times the premises are in use as a Childrens Day Nursery.
Reason
In the interests of road safety.
5. No operations shall be carried out on the premises except between the hours of 0800 and 1800 Monday to Friday. No activities shall take place on the premises on Saturdays, Sundays and Bank Holidays.
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 disturbance.
131
133 134
Date of Meeting: 14 June 2007 Item Number: 12
Application Reference: 76734/07
Type of Application: Full Planning Application Registration Date: 15/03/2007 Decision Due By: 14/06/2007 Responsible Andrew McGlone Officer:
Location: BOLTON SERVICE STATION, 104 BRADFORD STREET, BOLTON, BL2 1JR
Proposal: ERECTION OF PETROL FILLING STATION WITH SERVICE YARD AND SALES BUILDING.
Ward: Tonge with the Haulgh
Applicant: Esso Petroleum Company Ltd. Agent : Bowman Ricey Architects Ltd.
Officers Report
Background This application is to be decided at the Planning and Highways Committee at the request of Councillor Peel. An advanced site visit has been requested to enable Members to understand the issues and impacts of the proposed development.
Proposal It is proposed to erect a new petrol filling station comprising a petrol forecourt and canopy area and a new sales building incorporating a Tesco Express facility. this replaces the existing petrol station and vehicle repair workshop facility.
Site Characteristics The site lies at the junction of Bradford Street and Radcliffe Road on a main strategic route in and out of the town centre. At present it is used as a petrol filling station. The surrounding area is characterised by a range of residential dwellings with large traditional detached dwellings found on Radcliffe Road. Beyond the rear boundary is a grade two listed building. The Bridge Church Centre is opposite on Bradford Street.
Beyond the rear of the site is Leverhulme Park, which is classified as a green corridor site and protected open land.
Policy National Policy PPG15 Planning and the Historic Environment; PPG24 Planning and Noise.
UDP Policy D1 and D2 Design; D3 Landscaping; A5 Roads, Paths, Servicing and Car Parking; A8 Major Development; A9 Access for People with Disabilities; A16 Pedestrians; A18 The Road Network
135 PCPN7 Trees; PCPN10 Crime; PCPN16 Floodlighting; PCPN20 Listed Buildings; PCPN21 Highways
History Application 57718/00 was approved subject to conditions for the erection of a number of illuminated and non-illuminated signs in November 2000.
Application 56033/99 was approved subject to conditions in January 2000 for the installation of an ATM.
Technical Consultations Greater Manchester Police - Crime Prevention Officers – recommends all glazing to the front of the shop should be at a minimum 7.5mm thick, the proposed timber fence and lockable gates should be of a robust construction and treated with intumescent coating to prevent arson. Furthermore the ATM’s should be separated by 900mm, have defensive space ground markings, protected by close circuit television and anti ram bollards should be installed to prevent high kerbing or similar ram-raid attacks.
Bolton Council – Tree and Woodland Officer – it is recommended the two trees found in parking bays 11 and 13 respectively are retained and additional landscaping is submitted to improve the appearance.
Bolton Council – Access – level access is required into the sales building or a ramp must alternatively be provided.
Bolton Council – Highway Engineers – radius improvements are required at access from Bradford Street and at the junction of Radcliffe Road and Bradford Street. Car parking standards must be met.
Bolton Council – Design and Conservation Officer – no objections.
Representations Letters – there have been three letters of objection to this scheme which raise the following concerns:
• Increased traffic flow and pedestrian safety • Adequate parking and emergency services access • Light pollution
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.
136 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 Amenity, Appearance and Character of the Surrounding Area * impact on the Grade Two Listed Building * impact on the Local Highways
Impact on the Amenity, Appearance and Character of the Surrounding Area PPG24 is supportive of the promotion of development unless the effect would be likely to cause demonstrable harm to adjacent occupiers/uses by reason of an increase in nuisance and or disturbance.
The application is for a replacement of an existing petrol service station which currently operates on a 24 hour basis. The new proposals do however include the installation of two floodlight units on the site, however, they are both located beyond the sales building and canopy and are approximately 40m away from nearest residential properties. It is therefore considered that this is unlikely to have any undue impact on surrounding properties by reason of light disturbance, particularly as the access is a very well lit major road into and out of Bolton.
Policies D1 and D2 strive to achieve a high standard of design in new developments. The proposal is single storey height and although this will be 2m above the fence line to the rear an indicative landscape scheme has been included to demonstrate that the site development will not be seen as overbearing from the surrounding properties. The design of the site building is similar to existing and is not dissimilar to many other petrol station developments across the borough and the wider north west. external material will reflect those used at The Bridge Church and Centre opposite, (formerly the RRG showroom). the scheme also proposes a smaller canopy to that of the existing facility, (24m to 13m in length) and there are also less pump up stands, reduced from six to four.
Policy D3 makes reference to landscaping of new developments and consistent with many service station developments, landscaping is peripheral however the indicative scheme does increase this element to the site thus improving the overall appearance of the development. Impact on the Grade Two Listed Building Haulgh Cottage, a Grade II listed building, is to the rear of the petrol filling station. Due to the aspect and interface between the proposal and the Listed Building and the fact that the development is similar to existing uses and structures, it is considered that the proposals do not unduly impact on the setting of a Listed building. Bolton Council’s Design and Conservation Officer has no objections to this proposal. Impact on the Local Highways UDP Policy A5 and PCPN21 require developments to attain the safe and efficient circulation of vehicles whilst avoiding any adverse effect on the safety on highway users.
137 The Council's Highways Engineers have assessed this application in consultation with the applicant. it is noted that the site is located on a 'Strategic Route' into the town and two vehicular access points and footway improvements on the corner of Bradford Street and Radcliffe Road form part of the development. On site car parking is provided outside the pump waiting zones which includes provision for persons with disabilities. It is considered that the scheme complies with the relevant policies of the UDP (A5, A8, A16 and A18). Vehicle circulation space within the site enables access by all vehicles including deliveries and refuse collection allowing entry and exist in forward gear. Conclusion The scheme is considered to be an appropriate form of redevelopment which meets the requirements of the UDP and supplementary guidance. Members are therefore recommended to approve this application subject to conditions.
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 deliveries shall be taken at or dispatched from the site except between the hours of 08:00 and 22:00 Mondays to Saturdays and no deliveries shall be taken at or dispatched from the site on Sundays or Bank Holidays.
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. 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.
4. As shown on 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
138 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.
5. 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
To ensure the development safeguards the character and visual appearance of the locality.
6. 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.
7. Before development commences details of all external lighting equipment shall be submitted to and approved by the Local Planning Authority. The lighting in the scheme should be erected, directed and shielded so as to avoid nuisance to residential accommodation in close proximity. The lighting should be designed to provide a standard maintained illumination (LUX) as measured at the nearest residential properties affected, of between 5 and 20 LUX with the lower level being the preferable one. No other lighting equipment may then be used within the development other than as approved by the Local Planning Authority.
Reason
To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents.
8. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Bradford Street 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.
9. 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.
10. The development hereby approved/permitted shall not be brought into use unless and until the means of vehicular access from Radcliffe Road has been constructed and laid out entirely in accordance with the approved plans.
139
Reason
In the interests of highway safety.
11. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 6.0 metre dimension, at the junction of Bradford Street has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.
Reason
In the interests of highway safety.
12. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 8.0 metre dimension, at the junction of Radcliffe Road with Bradford Street has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.
Reason
In the interests of highway safety.
13. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Radcliffe Road has been closed to vehicles, and the existing highway made good to adoptable footway standards.
Reason
In the interests of highway safety.
14. 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 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.
15. 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.
16. 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
140 development within the landscape character of the locality.
17. The fencing along the boundary adjoining the service yard hereby approved/permitted shall be painted in accordance with a colour scheme to be submitted to and approved in writing by the Local Planning Authority. The fencing shall be painted in accordance with the approved details within 14 days of installation and shall be retained so coloured thereafter.
Reason
To safeguard the visual appearance of the area.
141
143 144 145 146
Date of Meeting: 14 June 2007 Item Number: 13
Application Reference: 76638/07
Type of Application: Outline Planning Permission Registration Date: 15/03/2007 Decision Due By: 14/06/2007 Responsible Andrew McGlone Officer:
Location: CHADWICK STREET CAMPUS, CHADWICK STREET, BOLTON.
Proposal: DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF DWELLINGS (ACCESS DETAILS ONLY)
Ward: Tonge with the Haulgh
Applicant: University of Bolton Agent : DTZ
Officers Report
Background This application was deferred by Committee for further information which will be provided before or at the meeting.
Proposal The University of Bolton is seeking outline planning permission for the demolition of existing campus buildings and the erection of dwellings. This particular application will concentrate upon the access into the site off Chadwick Street and Bromwich Street respectively, using Crawford Avenue and Rydley Street. A turning head is to replace the existing access into the campus at the end of Crawford Avenue.
The application forms an important part of the town's development aspirations. Members will know that the University of Bolton is a core partner in the Bolton Innovation Zone, an emerging initiative covering a 38ha area of the town centre and the consolidation of the University onto the Deane Road site is a major component of the Innovation Zone. The Zone is focused on the expansion of the University, a Manchester: Knowledge Capital core partner, and the UK's fastest growing University; the co-location of two major Colleges, which represents the North West's largest single planned investment in new FE facilities; the creation of a major Transport Interchange; new healthcare facilities; and the development of an integrated Cultural Quarter, which will provide contemporary cultural facilities that will complement the nationally significant and graceful collection of civic buildings along Le Mans Crescent.
This critical mass of knowledge assets and facilities is the spatial expression of Bolton's knowledge economy, which has the potential to provide a complementary offer to the world class developments concentrated in the Oxford Road Corridor in Manchester and is being promoted by an innovative Knowledge Partnership.
The Innovation Zone is the primary economic driver of Bolton Town Centre, which is expected to generate over 4,000 new jobs, in key growth sectors, and attract £300M in private investment over the next 10 years. The Innovation Zone will further enhance the 147 University's international reputation in the development of "smart material systems" by the development of new research facilities, and its track record of working with world class companies of the likes of Sony, Reebok and Adidas.
Site Characteristics The site lies within a residential area to the east of the town centre. In the immediate surrounds there is a mix of residential properties which have developed over a substantial time period. Range from private ownership to Houses in Multiple Occupation. (HMO's) the latter having strong links with the campus providing significant levels of accommodation for students additional to the purpose built student flats within the campus site.
A large number of mature trees are present throughout the site; many of these have been included in a Tree Preservation Order.
Policy National Policy PPS1 Delivering Sustainable Development; PPS3 Housing
UDP Policy A1 Accessibility; A4 Transport Contributions; A5 Road Network; A19 Road Schemes/Improvements A21 Conditions; A22 Highway Planning Obligations; D1, D2 Design; EM1, EM2 Incompatible Uses; EM3 Pollution; H3 Housing Applications; H4 Affordable Housing; N8 Tree Felling.
PCPN2 Space Around Dwellings; PCPN3 House Extensions; PCPN7 Trees; PCPN8 Children’s Play Areas; PCPN10 Crime; PCPN21 Highways; PCPN22 Public Art; PCPN26 Public Art; PCPN26 Affordable Housing; PCPN27 Housing Development.
History Application 66252/03 was approved in December 2003 for the installation of an external platform to form wheelchair access to an upper level of a building.
Application 66162/03 was approved in December 2003 for the provision of an external platform lift.
Application 66009/03 was approved subject to conditions in November 2003 for the pruning of several tree species.
Application 65360/03 was approved subject to conditions in September 2003 to install a wheelchair lift and ramp.
Application 52437/98 was approved subject to conditions in May 1998 for the erection of a two storey link between blocks A and B as well as the enclosure of the area beneath block A. Furthermore an extension linking the library and the lecturing theatre.
Technical Consultations Bolton Council – Highway Engineers – The road safety scheme as mentioned previously is only at a conception stage. The potential need for a scheme was highlighted in the CAPS database due to the area’s accident record. At present no scheme has been designed and
148 thus no consultation has taken place, although the applicant is aware of the Council’s aspirations to bring this scheme forward. There was a suggestion to ban all right turners from Bradford Street onto Bromwich Street as part of this scheme. This suggestion was abandoned owing to the impact that it would have on the junction of Castle Street/ Bradford Street. The £60,000 contribution from the developer will go towards the implementation of this scheme.Furthermore the Transport Assessment for the site has been reviewed by GMTU and there are no potential problems highlighted. No assessment would be required on the Castle Street/Bradford Street junction unless the right turning ban was implemented as part of the road safety scheme. This would obviously alter the access route into the proposed development.
Bolton Council – Tree and Woodland Officer – it is considered that whilst there are some trees which are currently protected by Tree Preservation Order’s there are a number of important trees that have no protection. The Council’s TO recommends a TPO is made for several groups of trees throughout the site to protect the significant trees during and after development.
Geater Manchester Police - Crime Prevention Officers – no comments.
United Utilities – no objections subject to considerations being given to access and existing sewers.
Representations Letters – there has been two letters of objection regarding the:
• Volume of traffic using the nearby highways • Increased overlooking as a result of future developments • The increased level of vehicles ‘rat running’ the nearby streets to avoid the traffic lights at Castle Street. • The development will affect the tranquility of the street • There are concerns about the lack of parking provision along Crawford Avenue
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.
149 The main impacts of the proposal are:-
* impact on the Local Highways * impact on the Amenity of the Surrounding Area * impact on Trees * impact on the Character and Appearance of the Area
Impact on the Local Highways UDP Policy A5 and PCPN21 require developments to achieve the safe and efficient circulation of vehicles whilst avoiding any adverse effect on the safety on highway users. The Applicant has commissioned a Transport Assessment in support of the application. The Council's Highways Engineers have assessed these statements in consultation. It has been agreed access can be taken from Castle Street and Bromwich Street and Bolton Council’s Highway Engineers raise no objections to the outline application. Contribution towards the planned highway improvements in this area are required to serve any development on the site which has the capacity to serve a combination of 120 residential units in the future. The proposal in principle is considered to comply with Highways Policy. The Engineers expect a transport assessment should include be submitted at reserved matters stage to analyse the capacity of the Bradford Street/ Castle Street junction over a ten year projection period. Due consideration and provision will be given to the need for emergency access into the site at a later date. Any proposals must meet the Council’s standards and will be conditioned accordingly to maintain access at all times. The Applicant claims that there will be benefit to the existing highway network as follows: 1. Access to sustainable forms of transport The site is in a prime location for sustainable transport routes in the immediate area and in the town centre linking the North West and beyond. Whilst there will be provision for car parking in the final submission, it is clear that not all occupants of a mixed residential scheme may require parking. The site is only of short walking distance to Bradford Street which provides public transport routes into the town centre and beyond. 2. The site will generate a similar level of traffic to the existing site. It is claimed the site will generate a similar volume of traffic as present, however from the trip assessment this appears to be substantially more. Figures shown in the transport assessment demonstrate an increase during both morning and evening peak times, however in light of this and that of the proposed highway improvements it is considered that this will off set the increase. 3. The corner of Chadwick Street/Bromwich Street is to be removed The improvements to the corner of Chadwick Street and Bromwich Street are described by the applicant as a significant contribution to improving highway safety. This will improve the visibility splay at this junction and has formed part of the pre application consultation with
150 the Council’s Highways Engineers. This is not thought to be at the detriment of pedestrian safety. 4. On street parking along Crawford Avenue is removed
At present parking provision is sited along this access point into the campus, however to enable a free flowing point of access this will be removed. Although there are dwellings along Crawford Avenue parking is not considered to be a necessity.
5. Associated car parking will be provided
The Council has car parking standards for all new residential developments which need to be met. This will prevent vehicular parking on street and should create a self contained site. Access into the development site will be from Crawford Avenue and Rydley Street.
6. Off road improvement s will contribute to road safety benefits for all users
A road improvement scheme is required to ensure the area maintains a level of highway safety. This is intended to benefit the users of the new development and those already in the local area. As stated previous the volume of people using the highways in this area is set to increase should this site gain full planning permission and the financial contribution towards the improvements is to replicate the demand placed upon the area. Highway Engineers believe this is an appropriate compromise to the situation.
Impact on the Amenity of the Surrounding Area At present the nature of Chadwick Street and Bromwich Street is a semi tranquil residential area with times of ‘rat running’ to avoid the nearby traffic lights on Bradford Street. implications of an increase in traffic are not thought to be beyond what can be reasonable expected on a highway such as this and the principle of the residential development of the site is compatible with the existing land use pattern and the principles of the re use of existing developed sites within the urban area. Impact on trees The Council's Tree and Woodland Officers consider the proposed road layout to be acceptable. No trees will be lost through access permission being granted, however several are ear marked for removal in the future. The tree and woodland officer has assessed the implications of the development in relation to the preservation of important tree species and suggests that there are trees which should be the subject of a new TPO. full details of the proposals will be reported at the Committee meeting. In conclusion it is considered that a residential development can take place within the confines of the site yet still account for the retention of many of the trees thus providing a development with an establish townscape/landscape.
Impact on the character and appearance of Bromwich Street / Chadwick Street The character and appearance of the area must be considered as there will be an increase in vehicular traffic using the area. In the sites existing state vehicular access is significant during day time hours, however this will change as much of the current on street parking is likely to be reduced.
151 The development for residential purposes is consistent with the surrounding development. It is therefore essential that the highway improvements are carried out in the full, without these and the adverse removal of trees may contribute to the development having an adverse effect upon the areas character and appearance.
Conclusion This application forms part of an overall strategic vision as part of the Bolton Innovation Zone, an economic driver of Bolton Town Centre. This will support town centre regeneration proposals to create a new transport interchange, healthcare facilities and the creation of a cultural quarter along Le Mans Crescent. It is expected to bring financial investment and create jobs in key growth sectors. The outline permission is only for access details only and it is likely a residential scheme will be brought forward in due course. It is considered the access details are acceptable, so long as highway improvements are carried out and the roads meet adopted standards to maintain a high standard of safety for the existing and potential community. Members are therefore recommended to approve this outline permission subject to conditions.
Recommendation: Approve subject to conditions
Recommended Conditions and/or Reasons
1. Application for the approval of Reserved Matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason
Required to be imposed pursuant to section 92 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,
152 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
To ensure that the development is safe for use.
3. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Crawford Avenue 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.
4. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Rydley Street 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.
5. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 90 metres is provided at the junction of Rydley Street with Bromwich Street,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. The development hereby approved/permitted shall not be brought into use unless and until full details of the provision to be made within the curtilage of the site for the parking, turning, loading and unloading of vehicles in connection with the proposed development have been submitted to and approved by the Local Planning Authority; such facilities shall be provided and marked out before the development hereby permitted is first brought into use and thereafter such facilities shall be retained
153 and not be used for any purpose except the parking, turning, loading or unloading of vehicles.
Reason
In the interests of highway safety.
7. The development hereby approved/permitted shall not be brought into use unless and until provision has been made for a vehicle turning area at Crawford Avenue which will enable vehicles to enter and leave the site in a forward gear, and shall be laid out in accordance with details to be submitted to and approved by the Local Planning Authority. Thereafter such facilities shall not be used for any purposes except the turning of vehicles.
Reason
In the interests of highway safety.
8. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 5 metre dimension, at the junction of Chadwick Street with Crawford Avenue has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.
Reason
In the interests of highway safety.
9. The development hereby approved/permitted shall not be brought into use unless and until a kerb radii of 6 metre dimension, at the junction of Bromwich Street with Chadwick Street has been constructed entirely in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter retained.
Reason
In the interests of highway safety.
10. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Chadwick Street has been closed to vehicles, and the existing highway made good to adoptable footway standards. There shall thereafter be no means of vehicular access to or from Chadwick Street, other than as shown on the approved plan.
Reason
In the interests of highway safety.
11. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Crawford Avenue has been closed to vehicles, and the existing highway made good to adoptable footway standards. There shall thereafter be no means of vehicular access to or from Crawford Avenue, other than as shown on the approved plan.
Reason
In the interests of highway safety.
12. The development hereby approved/permitted shall not be brought into use unless and until the highway at Back Bromwich Street has been widened to 6.5 metres in accordance with details to be submitted to and approved by the Local Planning Authority, and retained thereafter.
Reason
In the interests of highway safety.
154
13. No development shall be commenced unless and until full details of the highway works at Chadwick Street Campus comprising of a road safety scheme 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. 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.
15. 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.
16. 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 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.
17. Approval of the following details (hereinafter referred to as "The Reserved Matters") shall be obtained from the Local Planning Authority in writing before any development commences:-
Layout The way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development;
Scale The height, width and length of each building proposed in relation to its surroundings;
Appearance The aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture;
Reason
The application is for outline planning permission and these matters were reserved by the applicant for subsequent approval.
155
156 157
18. The submission of an application for an approval of Reserved Matters shall show 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; the proposed siting and finished floor levels of all buildings and structures; and the proposed site layout and phasing of development.
Reason
To ensure that the development safeguards the character of the localtiy and the privacy and outlook of nearby residents.
19. The submission of a reserved matters application shall include necessary allowance for an off site contribution for education provision.
Reason
To ensure the existing and potential infrastructure has the capacity to absorb the development.
20. The submission of a reserved matters application shall include necessary allowance for the provision of public art, craft or decoration within the proposed development or in the form of a commuted sum in lieu of on site provision.
Reason
To ensure the existing and potential infrastructure has the capacity to absorb the development.
21. Upon the submission of a reserved matters application details of the provision for affordable housing within the site should be submitted to the Local Planning Authority
Reason
For the avoidance of doubt.
22. The submission of a reserved matters application shall include necessary allowance for the provision of landscaping, amenity open space and children's play provision within the proposed development or in the form of a commuted sum in lieu on site provision.
Reason
To ensure the existing and potential infrastructure has the capacity to absorb the development.
23. The submission of a reserved matters application shall include necessary allowance for an off site contribution for health provision.
Reason
To ensure the existing and potential infrastructure has the capacity to absorb the development.
158
160 161 162 163 164 165 166
Date of Meeting: 14 June 2007 Item Number: 14
Application Reference: 76730/07
Type of Application: Full Planning Application Registration Date: 15/03/2007 Decision Due By: 10/05/2007 Responsible Andrew McGlone Officer:
Location: UNDERSHORE LODGE, OFF CROMPTON WAY, BOLTON.
Proposal: ERECTION OF 2.4 METRES HIGH PALISADE FENCE
Ward: Tonge with the Haulgh
Applicant: R Estall Agent :
Officers Report
Background This application was deferred at the last meeting for a site visit.
Proposal It is proposed to erect a 2.4m section of palisade fencing in conjunction with a section to be erected under 2m, which falls within the applicants permitted development rights at Undershore Works. This is to separate the fishing lodge used by Breightmet Angling Society and Undershore Works. Private access is to be created at the entrance of Undershore Works to maintain the independence of both uses of the site. (As indicated on the inserted site plan)
Site Characteristics The site is off Crompton Way and forms part of the river valley green area which extends into the urban area of Bolton. Within the curtilage of the site is Undershore Works, containing an array of local businesses. Residential properties adjoin the site to the west, many of which have views onto the site.
The land is designated as Green Belt within Bolton's UDP. To the north is Seven Acres Country Park with Leverhulme Park to the south. The eastern aspect of the site is located within a floodplain, however the topography of the land ensures the fishing lodge does not conflict with the flood zone.
Policy National Policy PPG2 Green Belt; PPG17 Planning for Open Space, Sport and Recreation
UDP Policy A5 Roads, Paths, Servicing and Car Parking; D2 Design; D3 Landscaping G1 Green Belt; G2 Development in the Green Belt; R5 Woodland / Rural Valleys
PCPN10 Crime
167 History Application 71450/05 was approved subject to conditions in September 2005 for the erection of 2.4m palisade fence around the perimeter of Undershore Works.
Technical Consultations Bolton Council – Highway Engineers – no objections.
Bolton Council – Pollution Control Unit – no objections.
Representations Letters – there have been four objections to the proposed development, which have raised issues such as:
• The fence is within a fence • This development will prevent access into the lodge for residents, who for a long period of time have been able to do this • The development is an eyesore • The land is designated as green belt land • The land is on the edge of the Country Park • It was previously agreed with the owner that there would be no section of fencing put up behind the properties facing onto the fishing lodge.
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 Undershore Works * impact on the Visual Amenity of the Residential properties on Crompton Vale and in the Surrounding Area * impact on the Green Belt
Impact on Undershore Works Undershore Works is an industrial area within the green belt. In recent years it has undergone external alterations to clad the buildings in a dark green colour. Furthermore an
168 application was approved subject to conditions for the erection of a 2.4m perimeter palisade fence. The colour of this matches that of the buildings.
It is proposed to use the same colour scheme for this fence. It is not thought that the proposals will affect Undershore Works as essentially it is a separate use and does not form part of the current industrial footprint within the complex.
Impact on the Visual Amenity of the Residential properties on Crompton Vale and in the Surrounding Area Policy D2 of the Unitary Development Plan (UDP) seeks development proposals that are compatible with, or improve their surroundings and which create a safe and secure environment that minimises the possibility of crime.
It is understood the security of the site is the prime concern for the applicant and is the reason for the application.
Residential properties overlook the site and their amenity must be considered in relation to policy D2. The fence design is not deemed to be the most sympathetic for a green belt area, but it does offer an increased level of security to the site and would reduce the level of access onto and around the site.
The levels of the fence vary throughout the site, mostly at the base of the banking surrounding the fishing lodge. Due to this and the colour of the proposed fencing and buildings which are sited immediately behind it is thought the fence applied for as part of this application will blend into the background on which it is set.
Despite the addition of a fence within the curtilage of the fence, granted permission in September 2005 it is thought on balance, with the inclusion of landscaping to soften the visual impact of all aspects of the fence, this scheme would not unduly impact on outlook or visual amenity.
Impact on the Green Belt Policies G1 and G2 of the adopted UDP clearly state development must have exceptional circumstances or conform to a particular use for planning permission to be granted. Bearing in mind that similar fencing has already been approved for the perimeter of the industrial site, including this site, the additional fencing that this proposals involves is not considered to impact on the purposes of the Green Belt, particularly as the proposal involves fencing that is only 400mm higher than could be installed under permitted development rights. furthermore the proposal provides for added security to the private fishing club.
Conclusion On balance, subject to the fence being painted green and landscaping being provide by condition, Members are recommended to approve this application.
Recommendation: Approve subject to conditions
169 170 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 fencing/railings hereby approved/permitted shall be painted/powder coated in accordance with a colour scheme to be submitted to and approved in writing by the Local Planning Authority. The fencing/railings shall be painted/powdercoated in accordance with the approved details within 14 days of installation and shall be retained so coloured thereafter.
Reason
To safeguard the visual appearance of the area.
3. 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 12 months of the completion of the new development, whichever is the sooner; 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.
171
173 174
Date of Meeting: 14 June 2007 Item Number: 15
Application Reference: 76901/07
Type of Application: Full Planning Application Registration Date: 04/04/2007 Decision Due By: 30/05/2007 Responsible Alex Allen Officer:
Location: LAND AT NO. 11 DOBB BROW AND LAND BETWEEN 118 & 134 OLD LANE, DOBB BROW, WESTHOUGHTON BOLTON.
Proposal: ERECTION OF A DWELLING (REAR OF NO. 118 OLD LANE) INCLUDING ROAD IMPROVEMENTS (AT REAR OF NO. 11 DOBB BROW)
Ward: Westhoughton South
Applicant: Mr I Holden Agent : D G & C Lonergan Pts
Officers Report
Proposal The application proposes the erection of a dwelling house at the rear of No. 118 Old Lane together with a scheme to widen Dobb Brow Road at the rear of No. 11 Dobb Brow. The proposed new dwelling would be detached, mainly two storey with a single storey attached garage.
The proposed improvements to Dobb Brow Road would result in the loss of trees/hedge along the western edge of the road within the curtilage of No. 11 Dobb Brow Road. The proposed changes include the provision of a york stone footpath measuring 2 metres in width, widening of a section of Dobb Brow Road by 2 metres, improved visibility from the access road which serves No. 7, 9 and 11 Dobb Brow Road and erection of a new stone retaining wall.
The proposal includes a detailed specification for replacement trees with a mix of holly, field maple, hawthorn, blackthorn and hazel.
Site Characteristics The application has two distinct areas, the land at the rear of No. 11 Dobb Brow Road forms a garden area which directly abuts Dobb Brow Road. The existing boundary treatment is formed in the main by a leylandii hedge and a number of trees/shrubs with a retaining dwarf wall/vertical flag retaining wall.
The site of the proposed dwelling forms part of the curtilage of No. 116 Old Lane with the lane directly to the west. The character of the area is formed by residential properties and a small estate of large detached houses directly to the west, large detached dwellings to the north and a number of smaller terraced cottages to the north and south.
Policy PPS3 (2006) Housing
Regional Spatial Strategy for the North West (2006)
Unitary Development Plan (2005) N5 Landscape Features N7/N8 Trees, Woodlands and Hedgerows EM2 Incompatible Uses EM3 Pollution D2 Landscaping D3 Landscaping A5 Roads, paths, servicing and car parking A6 Maximum car parking standards A16 Pedestrian H3 Determining Housing Applications H5 Net Site Density
Planning Control Policy Notes No. 7 - Trees: Protection and Planting in New Developments No. 10 Planning Out Crime No. 17 Nature Conservation
History Planning permission was refused for the erection of a dormer bungalow and highway improvements at land at the rear of No. 11 Dobb Brow Road (Ref:74490/06) in August 2006. This application was refused by Members of the Planning and Highways Committee on the grounds that the development failed to contribute to good urban design in that it was incompatible with its surroundings in terms of layout, density, massing, architectural style and landscaping.
Technical Consultations Bolton Council - Highway Engineers:-no objections to the proposal subject to the land for the road improvements being within the control of the applicant and the imposition of conditions to secure the highway improvements.
Bolton Council - Environmental Health Officers:- request that a more detailed contaminated study be completed prior to commencement of development (by condition).
Bolton Council - Tree and Woodland Officers:-considers that the proposal would result in the loss of trees which are protected by a Tree Preservation Order. Individually there are no trees of note and the proposed re-landscaping with native hedging material will ensure the semi-rural nature of the area is maintained.
The proposed detached house is situated close to two mature Sycamore trees which are worthy of retention. Clarification is required regarding whether these trees are being retained.
Representations Letters:-a total of 52 letters have been received, 29 of which support the application whilst a further 23 raise objection to the proposal.
The objection letters raise the following concerns:
176
• The proposed footpath would be dangerous; • No problems of road safety exist; • Only cosmetic changes have been made to the proposal from the previous refusal; • Line of sight would only be ½ of the minimum requirements; • No room for any footpath beyond the developers garden; • The proposed improvements would result in an increase in speed as the current arrangement helps in slowing vehicles down; • Previous decision that Dobb Brow cannot take any more development; • Proposal will set a precedent for future development in Dobb Brow; • Will destroy the character of the area; • The proposed development site is a greenfield site and has only had wooden garages on it previously; • Proposed development is adjacent to a watercourse;
The support letters raise the following issues:
• Improvements to road width, visibility would benefit highway safety, • Trees on the edge of the site are dangerous; • The development is sustainable and in keeping with the area; • The overall quality is high; • The letter from one resident does not represent the views of all the residents on the Dobb Brow Residents Association; • The proposed development would provide additional character and tidy up the land at the rear of No. 118 Old Lane.
Petitions:- seven petitions have been received, three of the petitions are formal petitions whilst the remainder are circular style letters. Two of the formal petitions raised objection to the proposal and contain 113 signatures (some of which are duplicates) whilst one formal petition is supportive of the proposal having been submitted by the adjacent stables.
Town Council:-the formal comments of Westhoughton Town Council will be reported at the Committee meeting.
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.
177
The main impacts of the proposal are:-
* principle of residential development; * impact on the character of the area; * impact on highway safety; * impact on protected trees/hedge.
Principle of residential development 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 site forms part of the garden of No. 118 Old Lane, and as such would be defined as previously developed land as is therefore considered to be an appropriate site for residential development. The site is also considered to be in a sustainable location in terms of being close to a major buss route linking Westhougton to both Bolton and Wigan.
Impact on the character of the area Policy D2 of the UDP seeks to ensure that new development proposals are compatible with their surroundings. It is considered that the character of the entrance to Dobb Brow can be sufficiently recreated with the proposed landscaping scheme to the satisfaction of the Council's Trees and Woodland Officer.
Whilst parts of the Dobb Brow/Old Lane area are characterised by a semi rural feel the proposed new dwelling, which would be located at the rear of No. 118 Old Lane, reflects the character of the area in terms of the quality of development and it's siting. Boundary treatment and landscaping can be provided which further reflects the character of the area. The wider area to the west of the application site is dominated by large individual dwellings located in spacious gardens. Indeed the relatively new development to the west (The Grange) has a large brick wall which is opposite the application site.
The current application would provide an opportunity to provide landscaping of a more appropriate nature.
Impact on highway safety Policy A5 of the UDP seeks to ensure that new developments make adequate provision for car parking, access and necessary provision for pedestrians and cyclists. It is considered that the proposed road improvements would assist in increasing visibility in and around No. 11 Dobb Brow Road which currently is a tight bend. The proposal would widen the road, provide a footpath and is considered to improve the current situation.
The Council's Highways Engineer has no objections to the proposal.
178 Impact on protected trees/hedge Policy N7 and N8 seek to ensure that development proposals where they result in the loss of trees replacement planting is required.
The Council's Tree and Woodland Officer considers that the proposal would result in the loss of trees which are protected by a Tree Preservation Order. Individually there are no trees of note and the proposed re-landscaping with native hedging material will ensure the semi- rural nature of the area is maintained and provide adequate compensatory planting for th trees to be removed.
Conclusion The principle of residential development at the rear of No. 118 Old Lane is considered to be appropriate and in accordance with national and local planning and maintains the overall character of the surrounding area. The improvements to the highway are also supported in that highway safety will be improved. The proposal is recommended for approval.
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 full details of the type and colour of 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
To ensure the development safeguards the character and visual appearance of the locality.
3. 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.
4. 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.
179
Reason
To ensure adequate standards of privacy are obtained and to enhance the setting of the development within the landscape character of the locality.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order), no windows or doors shall be formed or other alterations carried out to the elevation(s) or the roof of the development, hereby approved/permitted, other than those expressly authorised by this permission. Reason To safeguard the outlook, privacy and living conditions of neighbouring residents.
6. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2 metres by 33 metres is provided at the junction of the site access road with Old Lane, and subsequently maintained free of all obstructions between the height of 0.6 metres and 2 metres (as measured above carriageway level).
Reason
To ensure traffic leaving the site has adequate visibility onto the highway.
7. The development hereby approved/permitted shall not be brought into use unless and until provision has been made for a vehicle turning area which will enable vehicles to enter and leave the site in a forward gear, and shall be laid out in accordance with details to be submitted to and approved by the Local Planning Authority. Thereafter such facilities shall not be used for any purposes except the turning of vehicles.
Reason
In the interests of highway safety.
8. The development hereby approved/permitted shall not be brought into use unless and until the highway at Dobb Brow Road has been widened as shown in red on the attached plan in accordance with details to be submitted to and approved by the Local Planning Authority and retained thereafter.
Reason
In the interests of highway safety.
9. 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
180 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
To ensure that the development is safe for use.
10. 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) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.
Reason
The private garden space of the dwellings is limited and any extension would result in an unsatisfactory scheme in terms of open space and privacy requirements.
11. 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) no dormers shall be constructed or other alterations to the roof carried out on the approved dwelling(s) other than those expressly authorised by this permission.
Reason
To safeguard the architectural character and appearance of the dwelling.
181 182
12. 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.
183
185 186 187
188 189 190
Date of Meeting: 14 June 2007 Item Number: 16
Application Reference: 76960/07
Type of Application: Full Planning Application Registration Date: 02/04/2007 Decision Due By: 28/05/2007 Responsible Alex Allen Officer:
Location: GRUNDYS FARM, SCHOOL STREET, WESTHOUGHTON, BOLTON, BL5 2BG
Proposal: EXTENSION OF EXISTING HOUSE - SUB-DIVISION TO FORM TWO DWELLINGS. ERECTION OF 3 DWELLINGS TOGETHER WITH FORMATION OF VEHICULAR AND PEDESTRIAN ACCESS / CAR PARKING.
Ward: Westhoughton South
Applicant: Towncroft Construction Ltd Agent : Mr F Whittaker
Officers Report
Proposal The application is a resubmission of an earlier application which proposed the conversion of the Farm house into two properties and the erection of four additional dwellings. The revised proposal provides for the conversion of the existing Grundys Farm house into two dwellings and the erection of 3 dwellings within the curtilage of the Farm. Vehicular access to the site would be off School Street with parking for 8 cars along the frontage of the site. The trees located within the rear of the site would be retained. Site Characteristics The application is located within the Westhoughton Conservation Area with a two storey farm building located on School Street at the junction of the rear access road to numbers 25-31 School Street. The Farm house fronts school street with a large garden at the side and rear. No.s 25 – 31 School Street lie to the north which are two storey modern terraced properties characterised by long elongated gardens which are currently used for car parking and forms part of the domestic curtilage. No.s 35 to 45 School Street lie to the west and are similar in character to those properties to the north. Westhoughton Parochial Church of England Primary School lies to the east and south of the site with the shared boundary to the south looking over the playing fields of the School. The site is located in a sustainable location with close proximity to Westhoughton Town Centre and all it’s facilities. Policy PPS3 (2006) Housing Regional Spatial Strategy for the North West (2006) Unitary Development Plan (2005) 191
N5 Landscape Features N7/N8 Trees, Woodlands and Hedgerows EM2 Incompatible Uses EM3 Pollution D2 Landscaping D3 Landscaping A5 Roads, paths, servicing and car parking A6 Maximum car parking standards A16 Pedestrian H3 Determining Housing Applications H5 Net Site Density
Planning Control Policy Notes No. 7 - Trees: Protection and Planting in New Developments No. 10 Planning Out Crime No. 17 Nature Conservation
History A previous planning application on the site for the subdivision of the farm house into two dwellings and the erection of four new dwellings was withdrawn by the applicant earlier this year (ref: 76157/06) due to concerns regarding the overdevelopment of the site and urban design issues. Grundys Farm dates back to 1723 and remained as a Farm house until 1843. The Farm building was listed (Grade 3) but was subsequently de listed. Technical Consultations Bolton Council - Highway Engineers:-due to the revised submitted plans no objections to the proposal. Bolton Council - Environmental Health Officers:- request that a more detailed contaminated study be completed Bolton Council - Landscape Architects:-supportive of the principle of creating a farm complex with new build being of simple and complementary form. Recommend use of traditional hard landscaping materials such as stone flagged pavements and the removal of tarmac from the development. Bolton Council – Urban Design and Conservation Officer:- the proposal is an acceptable compromise, with the development concentrated on the left hand side of the site lessening the overall loss of green open space. Recommends the use of render and the removal of tarmac driveways to the site including the provision of detail regarding boundary walls. Representations Letters:-two letters have been received, one from a local resident and one from the adjacent School. The letter from the local resident objects to the proposal on the basis that the proposed development would result in over spill parking from the development creating parking problems for existing residents.
192 The Headmaster of the adjacent School has expressed concerns with regard to the safety and security of children at School considering the proposed type of fencing around the proposed development. Concern is expressed that access to the School via the proposed development site must be controlled and the inappropriateness of retaining the hedging along the shared boundary. The applicant has also provided correspondence from the owners of one of the adjacent properties on School Street support the proposal as the applicant as undergone pre application discussions with local residents to retain the existing boundary along the northern side of the proposed development site. Town Council:-raise no objection to the proposal.
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:- * principle of residential development; * impact on the character of the conservation area; * impact on highway safety; * impact on security / crime
Principle of residential development PPS3 and UDP policy H3 recommend the concentration of new residential development on previously developed sites within sustainable locations as a priority.
The proposed development is located within close proximity to Westhoughton Town Centre and Westhoughton railway station and therefore subject to design and highways considerations is considered to be an appropriate location for new residential development.
Impact on the character of the area Policy D1/2 of the UDP and guidance contained within PCPN 27 seeks to ensure that new developments are in character with the wider area. The application site is located within the Westhoughton Conservation area which is characterised by irregular street patterns, informal arrangement of buildings and predominance of green space and mature trees.
The applicant has attempted to create a development which new ‘farm complex’. The proposed conversion is sympathetic to the character of the area whilst the new build is
193 simple in form and complements the existing Farm building. It is considered that subject to conditions relating to the boundary treatment and hard landscaping of the proposal it would complement the existing character of the Conservation Area.
In terms of the proposed density of development, the proposal would result in a development of 55 dwelling per hectare. This is complements the urban nature of the fringe Town Centre location and is consistent with guidance within PPS 3 and with Policy H5 of the UDP.
Impact on highway safety Policy A5 of the UDP and guidance contained within PCPN No. 21 seeks to ensure that new developments make adequate provision for parking and access provision for existing and future residents.
Revised plans have been submitted which the Council’s Highways Engineer has no objections to. It is considered that the proposal provides adequate car parking (8 spaces for 5 dwellings – 1.6 spaces per dwelling) provision for the proposed new dwellings whilst maintaining the road at the rear of No.s 25-31 School Street for the occupants of these dwellings.
Impact on security/crime Policy D2 of the UDP seeks to ensure that new developments create a safe and secure environment which minimises the possibility of crime.
The existing residential property has hawthorn hedging to the eastern boundary and fencing to the southern boundary of the site. It is considered that the retention and where appropriate upgrading of the existing boundary treatment is appropriate given the character of the area.
This will ensure that the security of the proposed residential properties and the existing School are maintained. Conclusion It is considered that the proposal complements the character of the Westhoughton Conservation area and is consistent with national, regional and local planning policies and is recommended for approval subject to conditions.
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.
194 2. No development shall be commenced until full details of the type and colour of 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
To ensure the development safeguards the character and visual appearance of the locality.
3. Phase I Report No development shall commence unless or until a Phase I Report (Preliminary Risk Assessment) to assess the actual and/or potential contamination risks at the site has been submitted to, and approved in writing by, the Local Planning Authority. The Report shall include a desk top study, site walk over, conceptual model, basic hazard assessment and recommendation regarding the need or otherwise for a Phase II Report. Phase II Report Should the 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
195 maintenance objectives have been met. Reason
To ensure that the development is safe for use.
4. Prior to the commencement of development, the design and colour of materials to be used in the fascia boards, bargeboards and rainwater goods of the extension hereby approved shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented in full prior to first use of the extension and retained thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
5. All rainwater goods to the building(s) shall be coloured black within 28 days of their installation and kept so coloured.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
6. No development shall be commenced unless and until samples of the materials to be used on all external elevations, including the roof, of the development have been submitted to and approved by the Local Planning Authority. The external walls of the development shall be erected in natural stone or reclaimed natural stone with pointing to match those of the existing building and the roof shall be laid in natural slates. The stonework and slates used throughout the development shall be consistent in terms of colour, size and texture with the approved samples.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) unless otherwise agreed in writing with the Local Planning Authority no windows, doors or other openings shall be formed in the ** elevation of the development hereby approved/permitted other than those shown (indicated) on the approved drawings (if any) nor shall those existing windows, doors or other openings (if any) be enlarged or altered.
Reason
To ensure adequate standards of privacy are obtained and to retain the character of the existing and proposed dwellings.
8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) no soil stacks, waste pipes (other than rainwater pipes) meter boxes and central heating flues shall be fixed to the external elevations of the building(s), unless otherwise agreed in writing by the Local Planning Authority.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
9. The development hereby approved/permitted shall not be brought into use unless and until a detailed specification for all doors and windows has been submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details,
196 which shall thereafter be retained.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
10. 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.
11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order), no windows or doors shall be formed or other alterations carried out to the all the elevation(s) or the roof of the development, hereby approved/permitted, other than those expressly authorised by this permission. Reason To safeguard the outlook, privacy and living conditions of neighbouring residents.
12. 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.
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. 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.
197 198
15. 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 located within the application site area which are shown to be retained on Drawing No.10 E.
Reason
In order to avoid damage to tree(s) within the site which are of important amenity value to the area.
16. No development shall take place unless and until the existing hedgerow(s) forming the boundary with the adjacent School which are to be retained as shown on the approved plan have been fenced off using timber fencing of a design and in a position to be agreed by the Local Planning Authority, prior to the commencement of building or engineering operations. Thereafter, no excavation or other building or engineering operations shall take place and no plant, machinery or materials (including excavated material) shall be placed, deposited, stored or stacked within any such fence during the construction period.
Reason
In order to avoid damage to hedgerow(s) within the site which are of important amenity value to the area.
17. 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 Conditions 15 and 16 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.
18. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from School Street 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.
199
201 202
Date of Meeting: 14 June 2007 Item Number: 17
Application Reference: 77033/07
Type of Application: Full Planning Application Registration Date: 12/04/2007 Decision Due By: 07/06/2007 Responsible Alex Allen Officer:
Location: DAISY HILL CRICKET CLUB, ST JAMES STREET, WESTHOUGHTON, BOLTON, BL5 2EB
Proposal: RETENTION OF METAL FRAME, THE ERECTION OF SAFETY NETTING AND FENCING AROUND JUNIOR TRAINING PITCH
Ward: Westhoughton South
Applicant: Daisy Hill Cricket Club Agent :
Officers Report
Background The application was deferred from the 31 May 2007 Planning and Highways meeting to ensure that an advanced site visit was held prior to Members consideration of the proposal.
Proposal The application seeks retrospective planning permission for the retention of a steel frame associated with a formal cricket net facility for training purposes for the junior members of the club. The frame will be covered with netting similar to netting used fro goals in football. The frame overall is approximately 5 metres in height and as per regular cricket nets forms an enclosure to a batting and bowling training facility which will prevent balls going into nearby gardens when bowled or hit.
In addition a 15 metre long section of 2.4 metre high weld mesh fencing would be erected around the metal frame to enable the nets to be secured when training is not being undertaken, outside the hours of opening of the Cricket Club and to prevent misuse.
The nets/fence would be located approximately 3-4 metres away from the boundary with residential properties to the north east which front Lower Leigh Road.
Site Characteristics The application relates to Daisy Hill Cricket Club which is located to the south of the centre of Daisy Hill. The Clubhouse, pavilion and scoreboard are all located in the northern part of the site with the main cricket square and associated outfield located in the southern section of the site.
There are a number of residential properties which border the site to the north east which have access from Lower Leigh Road with a number of residential properties on the southern boundary. The shared boundary to the north east consists of post and panel fencing with various shrubs and hedges on the northern side of the hedge.
203 Policy Unitary Development Plan (2005) G1/G2 Green Belt D2 Design EM2 Incompatible Uses EM3 Pollution
Planning Control Policy Notes No. 2 Space About Dwellings No. 10 Planning Out Crime
History There is no recent planning history for the site.
Technical Consultations Bolton Council - Highway Engineers:-no objections.
Bolton Council - Environmental Health Officers:-no objections.
Representations Letters:-four letters of objection have been received raising the following issues:
• The net is close to the shared boundary and is large and obtrusive which dominates and overshadows adjoining gardens; • Lack of consultation with neighbours; • Retrospective nature of the application; • Other suitable locations within the curtilage of the Cricket Ground; • Prescence of an 'automatic bowler'; • Will result in further activity on the boundary and result in balls going astray; • General bad management of the Cricket Club.
Town Council:- the views of Westhoughton Town Council will be reported at the Committee meeting.
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.
204 The main impacts of the proposal are:-
* Impact on the Green Belt; * Impact on the living conditions of adjoining residential properties.
Impact on the Green Belt Policies G1 and G2 of the UDP seek to ensure that new development within the Green Belt is appropriate and maintains it's openness. Essential facilities for outdoor sport and recreation are considered to be appropriate development within the Green Belt.
It is considered that the proposed junior training pitch is an essential part of the operations of the Cricket Club and that the proposed frame, pitch, netting and fence would be appropriate within the Green Belt.
Impact on living conditions Policy D2 and EM2 of the UDP seek to ensure that new development proposals are compatible with their surroundings in terms of height, architectural style, materials and landscaping. In addition, EM2 of the UDP seeks to ensure that new development will not result in unacceptable impacts on existing uses by reason of noise, smell, health, lighting, disturbance, traffic or other pollution.
Notwithstanding the retrospective nature of the application, the proposal is within 4 metres of the boundary of adjacent residential properties at No's 44 - 48 Lower Leigh Road. The outlook from these properties is to a large extent screened by the existing boundary treatment which includes a variety of fencing types, hedges, shrubs and trees.
Adjoining residents would be able to view the top of the frame and nets with restricted views of the proposed fence which has not been erected to date. The nets would be in use between April and September. The nets would be taken down at the end of each cricket season (October).
Due to the nature of the material (netting) and its distance from the rear elevations of residential properties (varying between 15 to 25 metres) it is considered that the proposal would not be intrusive to adjacent residents nor would it result in overshadowing to these residents as light would permeate through the netting.
It is considered that the proposal would ensure that no cricket balls would enter local residents gardens as a result of the use of the junior training pitch. In the event that the senior club players or an automated bowler use the facility it is considered due to the netting, balls would also not enter adjoining gardens. Furthermore, the purpose of the fencing around the training facility is to prevent it's misuse when the Cricket pitch is not used for training/matches.
A number of residents have raised the issues of the siting of the training pitch resulting in other children playing near to the frame. This is beyond the scope of the current application. This would not require planning permission and club players would not be restricted in where they practice. This would be for the Club to manage.
205 206 The Council's Environmental Health Officers have raised no objections to the proposal.
Residents have also raised the issue that there are alternative sites located within the curtilage of the Cricket Club which are better sited away from residential properties and therefore potentially would not cause a nuisance. The outfield of the Cricket Club restricts where the training pitch could go with the current boundary being fairly tight up towards the curtilage of the Club to the West, East and South. Therefore, it is considered that the current site is the most appropriate.
Other issues raised by residents Residents have complained about the current management of the Cricket Club and a lack of consultation with local residents. It is considered that these issues are outside the scope of the current planning application.
Conclusion It is considered that the proposal is an essential feature of a Cricket Club to provide an adequate training facility for young players. Due to a number of factors it is considered that the proposal would not have a detrimental impact on the outlook or living conditions of properties on Lower Leigh Road for the reasons set out above. Therefore, it is recommended that the application is approved.
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 shall not be commenced unless and until samples of the fencing/netting have been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented entirely in accordance with the approved details before the practice facility is first brought into use and shall be retained thereafter.
Reason
To safeguard the visual appearance of the area.
3. The fencing shall be painted/powdercoated in accordance with a colour scheme to be submitted to and approved in writing by the Local Planning Authority. The fencing shall be painted/powdercoated in accordance with the approved details within 14 days of installation and shall be retained so coloured thereafter.
Reason
To safeguard the visual appearance of the area.
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209 210
Date of Meeting: 14 June 2007 Item Number: 18
Application Reference: 76516/07
Type of Application: Full Planning Application Registration Date: 06/03/2007 Decision Due By: 01/05/2007 Responsible Alex Allen Officer:
Location: 620 MANCHESTER ROAD, WESTHOUGHTON, BOLTON, BL5 3JD
Proposal: CHANGE OF USE OF PART OF GROUND FLOOR TO OFFICE
Ward: Westhoughton North
Applicant: Mr & Mrs P Taberner Agent :
Officers Report
Proposal The applicant seeks to change part of the ground floor premises at 620 Manchester Road to enable the extension of the current business which operates from 622a Manchester Road. The change of use application would facilitate an additional office which would be used by the applicant as a base for their, accounts, marketing and quantity surveying business. The proposed use would be a B1 (business) use.
The new office would be accessed from either 620 Manchester Road via the existing car parking area and also via 622a Manchester Road which the applicant already operate from. Additional car parking and servicing arrangements are also available within the curtilage of No. 622a Manchester Road which is itself accessed off the Chequerbent roundabout.
Site Characteristics The application relates to an end terraced property which is occupied at the front by a electrical/white goods shop with the rear comprising of a single storey mono pitch extension to the property and a connected garage.
The main pedestrian entrance to the premises is located on the Manchester Road frontage with the main vehicular entrance being currently located along the access road between 622 and 646 Manchester Road, to the east of the application site.
Policy Regional Spatial Strategy (2006)
Unitary Development Plan (2005) EM2 Incompatible Uses EM3 Pollution D2 Design A5 Roads, paths, servicing and car parking A6 Car parking standards A9 Access for People with Disabilities Appendix 7 Car, cycle and motor cycle parking standards 211
Planning Control Policy Notes No. 10 Planning Out Crime No. 21 Highways Considerations
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). Planning permission was also granted in January 1987 for the erection of a garage at the rear of the premises (Ref: 28385/87).
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.
Technical Consultations Bolton Council - Highway Engineers:-no objections.
Bolton Council - Environmental Health Officers:-no objections subject to the imposition of conditions relating to the hours of use restrictions.
Representations Letters:-three letters of objection have been received from residents on Park Road raising the following issues:
• lorries are using the back street to deliver/collect appliances from the shop; • concerned with the rear of the property being used as a builders yard; • inappropriate use in a residential area; • siting of a skip at the rear of residential properties; • lack of consultation with residents; • access road at the rear of Park Road is not capable of accommodating a large increase in traffic; • numbers of vehicles using the premises is inaccurate; • increase in traffic will result in an increase in the noise levels emanating from the premises and be detrimental to highway safety; • description of the application is wrong as there has already been some building works; • question where customers to the shop will park; • the premises are operating at weekends.
Town Council:-raise no objection to the proposal.
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.
212 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 living conditions of existing and future residents; * impact on highway safety; * other issues raised by local residents.
Impact on the living conditions of existing and future residents Policies EM2 and EM3 of the UDP seek to ensure that new development proposals do not result in unacceptable impacts on existing uses by way of noise, smell, safety, health, lighting, disturbance, traffic or other pollution.
The application seeks the use of the rear of the premises for B1 offices in connection with the operations at No. 620a Manchester Road which is currently used as a Chartered Building Company which provide Accounts Management, Marketing and Quantity Surveying services.
Access to the main body of the site at No. 620a is from Chequerbent roundabout and not via the existing road at the rear of Park Road. The site is currently used as a retail unit at the front of the building with the remainder of the building having recently being refurbished to facilitate the proposed change of use.
Historically the building has been used for a number of activities such as a printing office, retail shop and dance studio. The proposed use of the property would be classified as a B1 use. Such uses are considered to be appropriate within a residential environment as they are considered to be compatible uses. The applicant does not wish to use the premises as a builders merchants and store.
Subject to restrictions on the hours of use, the Council's Environmental Health Officer has no objections to the proposal. It should however be noted that the existing office on the adjacent site does not have any hours of operation restriction and it is considered under the circumstances to be unreasonable to restrict the hours of operation. It is considered that the proposed use is compatible with siting in a residential area and therefore a more accurate way of controlling its use would be to restrict the 'use' by condition rather than the hours of operation.
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.
213
Whilst the proposal would remove one garage from use for the parking of vehicles it would mark out the hard surfaced area which lies at the rear of the property with 6 car parking spaces. In addition, the area at the rear of the existing offices at No. 622a Manchester Road is used as a car parking area.
It is considered that the additional office area (79 square metres) which would be created would have a large number of car parking spaces associated with it. This would ensure that there would be ample car parking and servicing for both the existing shop at the front and the proposed office use.
The Council's Highways Engineer considers that there is adequate provision for both parking and the unloading/loading of vehicles and has no objections to the proposal. Given the nature of the use it is considered that the main access to the property would still be using the existing access point via the Chequerbent round about and not via the rear of Park Road. Therefore, it is considered that the proposed use would not result in an undue increase in the use of the access road at the rear of Park Road.
Other issues raised by local residents The proposal has been the subject of wider consultation.
In answer to the comment about lack of consultation by the developer, it should be noted that it is not a requirement of a planning application for the applicant to consult with local residents before applying for planning permission.
The skip at the rear of the premises was used during the refurbishment of the premises and is not a permanent fixture.
Value Added to and by the Development The proposal would allow for the expansion of an existing business which is compatible with surrounding land uses.
Conclusion It is considered that given the site's planning history, it's historical use and the general compatibility of the proposed use, the proposal complies with policy and is recommended for approval subject to conditions.
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.
214 2. No development shall be commenced unless and until details of all alterations to the external appearance of the east elevation of the building required for the purpose of implementing this permission have been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the building(s) is/are brought into use.
Reason
To ensure adequate standards of design.
3. The premises shall be used for a quantity surveying /project management office in conjunction with the use of 622 a Manchester Road and for no other purpose (including any other purposes in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).
Reason
To ensure the development safeguards the living conditions of nearby residents.
4. The development hereby approved/permitted shall not be brought into use unless and until not less than 6 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.
5. 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.
215
217 218 219 220
Date of Meeting: 14 June 2007 Item Number: 19
Application Reference: 77008/07
Type of Application: Full Planning Application Registration Date: 10/04/2007 Decision Due By: 05/06/2007 Responsible Alex Allen Officer:
Location: SIDE GARDEN 313 BOLTON ROAD, WESTHOUGHTON, BOLTON, BL5 3EL
Proposal: ERECTION OF ONE DETACHED HOUSE.
Ward: Westhoughton North
Applicant: Mr G Hargreaves Agent : Mr A Whittam
Officers Report
Proposal It is proposed to erect a dwelling house within the side garden of No.313 Bolton Road, Westhoughton providing off road parking for the existing and proposed dwelling.
Site Characteristics The site lies in the garden of a row of detached and semi detached dwellings located off Manchester Road, near to the junction five of the M61.
The site is located within the Green Belt policy as well as being within an area of landscape character. To the front of the property is a working farm, with open green belt land immediately to the rear.
Policy
National Policy PPG2 Green Belt; PPS3 Housing
UDP Policy A5 Roads, Paths, Servicing and Car Parking; A6 Car Parking; D2 Design; G1, G2 Green Belts; H3 Housing; R5 Landscape Character
Planning Control Policy Notes
PCPN2 Space Around Dwellings; PCPN3 House Extensions; PCPN27 Housing Development. 221
History Application number 74071/06 was approved subject to conditions in June 2006 for the erection of a single storey extension at the rear along with the installation of a velux window to allow a loft conversion.
Technical Consultations Bolton Council – Highway Engineers – no objections subject to condition.
United Utilities – no objections in principle however make note that the site should be drained on a separate system from No.313. Furthermore foul drainage and surface water should be drained into separate drains.
Representations Letters – In total there have been four letters of objection, raising concerns about:
• Over development in a small area • The development is contrary to green belt policy and there are no exceptional circumstances to approve this application. • There is an alternative to this scheme – the existing property could be extended to provide a similar effect; • Removal of the stone wall at the front of the property (this would not require planning permission); • Secondary windows in the side elevation of the adjacent property (No. 311)/impact on light; • Increased volume of cars; • Block views (not a material planning consideration).
Whilst the applicant has submitted a letter stating that the proposed dwelling would provide adequate amenity space for existing and future residents, would be built in line with the existing building line and would assist in meeting the shortfall of houses in the Borough/country.
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:-
222
* impact on the Amenity, Appearance and Character of the Surrounding Area * impact on the Green Belt * impact on the Local Highways
Impact on the Amenity, Appearance and Character of the Surrounding Area PPS 3 and UDP Policies D1 and D2 seek development proposals that are compatible with, or improve their surroundings.
Adjoining properties are within close proximity to the proposed development, Council guidance states that new housing developments are required to create a good environment in terms of design, layout and density. A distance of 2m would be observed between the proposed and No.311 with the same interface also created between the proposed and No.313.
Separating No.311 and the proposed is a 1m high fence, which rises to 2m beyond the rear building line. There are two small windows on the gable end wall of No.311, although neither provides light into a principle room.
In terms of scale and density the proposal is similar to nearby properties and is considered to be acceptable. It is also acknowledged that there is greater emphasis on meeting housing needs and utilising brownfield sites, however the interface distances between neighbouring properties is not ideal.
Impact on the Green Belt PPG2 and policy’s G1 and G2 of the UDP intend to protect designated areas from inappropriate development to preserve attractive landscapes and to maintain the openness of these area. It is essential the visual aesthetics of the landscape are protected to ensure there is no development which is not in fitting with the area; however it is considered there are instances where development is acceptable. UDP policy G2 provides a number of criterions which are deemed appropriate development in the green belt. Development such as agriculture or forestry, facilities for outdoor recreation or limited extensions or alterations to existing dwellings are thought to be acceptable. It is considered that this proposal does not fall in line with any of the criterion set down in this policy and is thus contrary to green belt policy. Furthermore, the development of one dwelling in the location would be detrimental to the openness of the Green Belt. Impact on the Local Highways A requirement of any new development is to provide sufficient parking provision and access into and from the site. The proposed development is intended to open up the site to provide individual vehicular access from Bolton Road following the removal of part of an existing stone wall to the front of No.313. Whilst this increases the number of vehicular access points onto Bolton Road there are no objections from Bolton Council’s Highway Engineers subject to conditions regarding the construction of the vehicular access and the use of the garage.
223 224 UDP Policy A5 seeks to permit developments that make provision for road design, layout and construction, access arrangements and car parking. The proposed access into this site complies with this policy as it makes adequate car parking provision in front of the dwelling with the addition of a garage.
Conclusion It is considered that this proposal does not comply with green belt policy and although there is adequate amenity space incorporated the proposal would be out of character in a street dominated in the main by semi detached properties. Members are therefore recommended to refuse this application.
Recommendation: Refuse
Recommended Conditions and/or Reasons
1. The proposed development by virtue of its siting, size and design represents inappropriate development within the Green Belt and the Applicant has provided no very special circumstances to outweigh the harm caused and the proposal is contrary to Policies G1 and G2 of the Unitary Development Plan.
225
227 228
Date of Meeting: 14 June 2007 Item Number: 20
Application Reference: 76924/07
Type of Application: Full Planning Application Registration Date: 29/03/2007 Decision Due By: 24/05/2007 Responsible Alex Allen Officer:
Location: RATCLIFFES FARM, WINGATES LANE, HORWICH, BOLTON, BL5 3LT
Proposal: CHANGE OF USE LAND FROM AGRICULTURAL TO CARAVAN STORAGE
Ward: Westhoughton North
Applicant: Conveyor Belting Supplies Agent : Westhall Design
Officers Report
ProposalThe application is a resubmission of an earlier application which proposed an extension to an existing area of caravan storage at Ratcliffes Farm which is located off Wingates Lane in Westhoughton. The applicant has submitted an almost identical planning application. The aim of the proposal seeks to extend the existing caravan storage facility to take account of the increase in the size of modern caravans and an increased in demand for storage and its associated facilities. The current caravan park allows for the storage of 370 caravans whilst the new improved facility would allow for the storage of 409 caravans and 11 motor caravans. The proposal would extend the proposed caravan storage area into an L shaped plot of land which lies directly to the east of the main caravan site. The length of the extension would be 105 metres whilst the width would extend between 55 and 74 metres. The proposal would cover some 0.98 hectares effectively increasing the size of storage area by approximately 50%. Access to the extension would be by using the existing access off Wingates Lane. Site Characteristics The application site forms part of an open field which lies adjacent to the current farm buildings and existing caravan storage park. A number of farms surround/overlook the application site including Pendlebury’s Farm and Poplars Farm. The site is located within the Green Belt and is characterised by existing Farms and associated open fields. Policy PPG 2 Green Belts (2001) PPS 7 Sustainable Development in Rural Areas (2004) Regional Spatial Strategy for the North West (2006)
229
Unitary Development Plan (2005) G1/G2 Green Belt EM2 Incompatible Uses D1/D2 Design D3 Landscaping A5 Roads, paths, servicing and car parking
Planning Control Policy Notes No. 21 Highway Considerations History
An almost identical planning application (Ref: 75972/06) was refused planning permission under delegated powers as it was assessed that the proposal by virtue of the siting, size, scale and layout of the proposal was contrary to Green Belt policy and the special circumstances which had been provided did not out weigh the harm caused to the Green Belt. Technical Consultations Bolton Council - Highway Engineers:- no objections to the proposal subject to amendments to the proposed access to the site United Utilities:- no objections. Representations Letters:- eight letters of objections have been received regarding the proposal whilst 5 letters of support have been received. The letters of objection raised the following issue:
• The proposed development is inappropriate within the Green Belt and will reduce the openness/character of the area including the use of floodlights and industrial type fencing; • Increase in run off resulting in flooding on adjacent farms; • Change in the rural character of the area.
The letters of support raise the following issues:
• The applicant helps to sustain the economy of the rural environment; • The site is well maintained; • The proposal would have a limited impact on the existing highway. 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.
230 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 Green Belt/principle of development within the Green Belt; * impact on the existing round network/highway safety.
Impact on the Green Belt/principle of development within the Green Belt Guidance contained within PPG 2 (2001), PPS 7 (2004) and UDP policy G1/G2 seeks to ensure that new development is appropriate by virtue of the fact that it does not result in a reduction in the openness of the Green Belt. This is seen as fundamental to the British planning system to avoid urban areas/regions joining up and with a consequent loss of green areas surrounding towns and cities.
Therefore, in the context of Green Belt, development which is considered to be ‘appropriate relates to agricultural, forestry or outdoor recreation development which preserves the openness of the Green Belt.
The proposal was previously considered under delegated powers Ref: 75972/06 and was considered to be inappropriate development within the Green Belt which would result a significant reduction in the openness of the Green Belt in this location. Subsequently the revised application is almost identical in detail apart from the applicant providing a fuller justification for the proposal and providing revised boundary fencing detail. The proposed fencing has been changed from palisade to weldmesh type fencing which is felt to be more appropriate.
As discussed above the applicant is a result of the increased demand for larger caravans which has a resultant increase in the space requirements for the site as a whole and also an increased demand by caravan owners. The applicant suggests that the proposal is part of a farm diversification project as the farm holding is too small to operate commercially as a farm.
The applicant proposes that the proposal would
• not have any detrimental impact on existing residents in the Wingates area; • the proposal is for a recreational use within the Green Belt given a wide interpretation of the word ‘recreation’; • caravan storage is ancillary to the recreational use of caravans; • the proposal is not a new farm diversification project but an extension to an existing facility; • the applicant has a waiting list of 200 names who have enquired about interest in siting caravans on the site/demand is high; • no viable income can be gained from the land; • Illegal caravan storage in the Horwich/Westhoughton area; • Caravans are getting bigger.
231
It is considered that whilst the proposal would provide provision for screening of the proposal, the land take for the development would represent a significant encroachment within the Green Belt to the detriment of the openness of the Green Belt and being contrary to the original intentions of the allocation of Green Belt land.
The applicant makes reference to the fact that the storage of caravans is ancillary to the recreational use of Green Belt land and therefore is a quasi recreational use which accords with guidance within PPG2. This is clearly not the case and the proposal remains to be contrary with Central Government guidance.
The applicant makes reference to guidance contained within PPS 7 which states that proposals which assist farmers with diversification should be supported.
PPS 7 does promote sustainable, diverse and adaptable agricultural sectors which manage valued landscapes and recommend the development in countryside areas to be strictly controlled to protect countryside for its intrinsic character and beauty. Development should be sensitive to the character of the countryside.
It is considered that the proposal would be a significant encroachment into the Green Belt which is not sensitive to the character of the wider area and which cannot be justified by the fact that there is an increase in demand for caravan storage in the Green Belt.
Whilst it is considered that farm diversification is vital to the continuing viability of many farm enterprises it is considered that inadequate evidence has been provided to justify such a large encroachment into the Green Belt.
Whilst farm diversification may be classified as ‘exceptional circumstances’ it is considered that in this particular instance the applicant has reached the natural limit of what is considered to be acceptable. Paragraph 31 of PPS 7 supports this approach that whereby a supportive approach to farm diversification should not result in excessive expansion and encroachment of building development into the countryside.
Therefore, in this particular instance it is considered that the justification presented by the applicant would result in the over development of the caravan park to the detriment of the openness of the Green Belt which cannot be justified by way of increases in demand or the changing nature of caravans.
Impact on the existing round network/highway safety Policy A5 of the UDP and guidance contained within PCPN No. 21 seeks to ensure that new developments make adequate provision for parking and access provision for existing and future residents.
It is considered that with amendments to the scheme the proposal could meet the requirements of the Councils Highways Engineer.
232 Conclusion It is considered that the proposal is contrary to guidance contained within PPS 7 and PPG2 in addition to UDP policies G1 and G2 therefore the proposal is contrary to policy and is recommended for refusal.
Recommendation: Refuse
Recommended Conditions and/or Reasons
1. The proposed development by virtue of its siting, size and design represents inappropriate development within the Green Belt and the very special circumstances provided do not outweigh the harm caused and the proposal is contrary to Policies G1 and G2 of Bolton's Unitary Development Plan.
233
235 236
Date of Meeting: 14 June 2007 Item Number: 21
Application Reference: 76838/07
Type of Application: Full Planning Application Registration Date: 19/04/2007 Decision Due By: 14/06/2007 Responsible Alex Allen Officer:
Location: SNYDALE HALL FARM, BOLTON ROAD, WESTHOUGHTON, BOLTON, BL5 3BQ
Proposal: LAYING OUT OF A MENAGE WITH (RANCH STYLE) FENCING
Ward: Westhoughton North
Applicant: Mr M Greeley Agent : Mr N Porter
Officers Report
Proposal The application relates to the provision of a ménage for the exercising/training of horses which are stabled within a building within the applicants Farm. It is the intention of the applicant to provide a landscaped buffer between the existing fields and proposed ménage to soften the views of the proposed ménage.
Site Characteristics The application site is located within an existing farm with the main farm buildings occupying the northern section nearest to Bolton Road and accessed via a track. The Farm has a number of outbuildings which are used for the storage / care of pigs and the stabling of horses.
The site slopes from north (Bolton Road) to the south with open fields overlooking the Chequerbent roundabout and the link road to the M61 motorway. Limited ground works have been completed which has led to the creation of a level area in which to create the ménage. This area is topped with hard core and banks down to the open fields to the south.
Policy PPG2 Green Belts PPS7 - Sustainable Development in Rural Areas
Regional Spatial Strategy (2006)
Unitary Development Plan (2005) R1 Countryside and the Rural Economy R3 Diversification in the Countryside G1/G2 Green Belt EM2 Incompatible Uses EM3 Pollution D1/D2 Design 237 D3 Landscaping A5 Roads, paths, servicing and car parking A6 Car parking standards
Planning Control Policy Notes No. 7 Trees: Protection and Planting in New Developments No. 10 Planning Out Crime No. 21 Highways Considerations No. 28 Equestrian Developments
History Planning permission was granted in October 2006 (Ref: 75051/06) for the conversion of a cattle shed to 10 stables together with the use of land for the grazing of horses. The cattle shed has been converted to stables. The current proposal is to allow the horses which are stabled in the stables to be exercised/trained.
In February 2007 the applicant submitted an application for the prior determination for the erection of an agricultural building which is located directly to the north of the current application site. This was a proposed rebuild of a previous agricultural building. It was considered that the proposal was permitted development and therefore a planning application was not required.
This agricultural building has been erected but currently lies vacant.
Technical Consultations Bolton Council - Highway Engineers:-no objections subject to the proposed menage to be used for personal use of the applicant.
Bolton Council - Environmental Health Officers:-no objections subject to conditions relating to the storage of manure and restrictions over the burning of manure within the site.
Representations Letters:-one letter of objection have been received raising the following issues:
• The previous application granted permission for a stables which has now allowed a livery business; • Resultant increase in traffic as a result of the use of the site for horse shows/indoor riding school.
Petitions:-one petition has been received countersigned by 11 residents of Bolton Road raising the following concerns:
• The applicants intention is to run an indoor riding school on site which has already been built; • Increase in traffic from the proposed use including a double decker bus and caravans; • Storage of caravans on the site.
238 Town Council:-deferred the application to the 11 June Westhoughton Town Council meeting pending clarification over the issues raised by residents. The views of the Town Council will be summarised prior to the Committee meeting.
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 character and appearance of the farm; * impact on the living conditions of existing and future residents; * impact on highway safety/existing road network * other issues raised by residents.
Impact on the character and appearance of the farm Advice contained within PPG2, PPS7 and Policy G2 and PCPN 28 of the UDP seeks to ensure that new development proposals within the Green Belt are considered to be essential facilities and are genuinely required for uses which preserve the openness of the Green Belt.
PCPN No. 28 states that outdoor arenas which are well designed, sited and landscaped need not have a significant impact on the landscape. Siting should:
• take advantage of natural topography and screening; • be close to existing buildings.
In addition, arenas should not be more than 20 metres by 40 metres in size. This is the upper limit as to what constitutes an essential facility.
In this particular instance the opportunities for providing a menage/outdoor arena which is screened by buildings or existing landscaping are not available due to the natural topography of the land which slopes from north to south. The applicant proposes to carry out landscaping along the southern boundary to soften the visual impact.
Impact on the living conditions of existing and future residents UDP policy EM2 and EM3 seek to ensure that new developments do not have a detrimental impact on adjacent users. The Council's Environmental Health Officer has recommended the imposition of a number of conditions relating to the storage and burning of manure.
239
Notwithstanding the EHO's comments these conditions have already been placed on the planning permission for the stables and therefore there is no need to duplicate them on this application given the proposed development is for a menage.
Impact on highway safety and the existing road network 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.
It is proposed that the menage be used by the users of the stables which have recently been approved. Therefore there would be no increase in the use of the site by vehicular traffic.
A number of residents have made comments that the proposed menage would be used for horse shows and that the building which has been erected at the rear of the menage be used as an indoor arena.
As discussed in the History section above, the building which has been erected is to be used for agricultural purposes and not in connection with either the stables or proposed menage.
It is considered appropriate to condition the use of the menage in conjunction with the stables thereby excluding the use of the Farm for horse shows or as a riding school. The Council's Highways Engineer has no objections to the proposal subject to the menage being for the personal use of the applicant.
Other issues raised by residents A number of residents have raised the issue of caravan storage on the site. This matter is being followed up by the Council's Enforcement Officer and is a separate matter to the current planning application.
Conclusion It is considered that the proposal is consistent with Green Belt policy and would assist in the diversification of the current farm and complements the earlier approval by Members for the provision of stabling on the site. Whilst the stables are used for livery the proposal would not result in the use of the site for horse shows or as a riding school. It is considered that subject to the provision of landscaping detail and condition relating to the use of the menage the proposal complies with policy and is recommended for approval.
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
240 amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. 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.
3. The menage shall be used for the exercising/training of horses in association with the use of the stables and for no other purposes.
Reason
For the avoidance of doubt as to what is permitted and to ensure that the menage is not used as a riding school or for horse shows which would have a detrimental impact on highway safety.
4. The storage of show jumps and other horse training equipment must not take place within the menage or its curtilage.
Reason
To safeguard the visual appearance of the area and maintain the openness of the Green Belt.
5. 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 brought into use and retained thereafter.
Reason
To enhance the setting of the development within the landscape character of the locality.
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