PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION
APPLICATION No: 18/72311/FUL APPLICANT: Mr Stuart Parks LOCATION: Land Adjacent To The AJ Bell Stadium, Eccles, M30 7EY, PROPOSAL: Erection of Class A1 foodstore with associated access, car parking, servicing and hard and soft landscaping WARD: Irlam
DESCRIPTION OF SITE AND SURROUNDINGS
This application relates to a vacant plot of land within the Barton Strategic Area, as defined by Policy E1 of the City Council’s Unitary Development Plan. It measures 0.72ha in size and sits between the A J Bell Stadium and its associated car park to the east and Salteye Brook and the new Salford Western Gateway highway to the north and west. Vehicular access is currently achieved onto the land via Stadium Way to the south-west, although it is understood that this is the product of a temporary construction route used to construct the Western Gateway scheme.
The site itself largely comprises open scrubland and grass, with the land sloping downwards to meet Salteye Brook, which flows within a cutting. The eastern boundary briefly diverts into the site to circumvent an existing sub-station structure.
The wider area comprises of a mixture of uses. Established residential estates are located to the north and north-west, either side of Liverpool Road (A57). Also to the north-west is the Barley Farm public house and restaurant. Land north of the A J Bell Stadium benefits from planning permission to erect a 21,367sqm non-food bulky retail store; this consent has been partially implemented however no construction work has taken place at the time of writing. To the south-west is the Port Salford Masterplan area, which benefits from planning permission for 154,000sqm of distribution warehousing, along with highways works, a new rail link and a shipping wharf. To date one of the distribution warehouses and a supporting access road has been completed. Barton City Airport is located to the north-west, on the opposite side of the A57 highway.
PROPOSED DEVELOPMENT
This application proposes to erect a new foodstore (Use Class A1) with associated access, car parking and landscaping on the site which, it is understood, would be occupied by Aldi. The gross external floor-area (GEA) of the store would be 1,862sqm (GIA = 1,786sqm), of which 1,315sqm would operate as the public sales area.
The rectangular-shaped building would be set back from the highway and positioned adjacent to the eastern site boundary. Kingspan cladding panels and glass have been identified as the principal external materials, set atop a black brickwork plinth.
A new vehicular access would be created off Stadium Way, which would lead to a 115-space car park that wraps around the southern and western sides of the store. The service yard is shown at the northern end of the plot. The submitted site plan indicates that new tree planting and soft landscaping would be installed along the Stadium Way frontage and western boundary.
VALUE ADDED
The following enhancements to the development have been secured as a result of pre-application discussions and during the course of the planning application: Improvements to landscaping scheme to green-up the car park Design enhancements, including increased areas of glazing to elevation facing down Stadium Way to provide active frontage. Installation of electric vehicle charging points for customers Provision of a more sustainable drainage scheme Introduction of a wildflower grass-land to the western side of the site, along with bird and bat boxes, to achieve net gains in biodiversity. Delivery of off-site highways works to improve queuing capacity along the northern approach to the Salford Western Gateway / Liverpool Road junction. Re-location of existing bus stops so that public transport is more accessible to users of the development, the Barley Farm PH & the A J Bell Stadium. Delivery of improvements to public rights of way between the site and the residential estate north of Liverpool Road.
PUBLICITY
Site Notice: Non HH Site notice departure Date Displayed: 29 October 2018 Reason: Article 13 Departure from UDP
Site Notice: Non HH Article 15 Date Displayed: 14 September 2018 Reason: Wider Publicity
Site Notice: Non HH Affecting public right of way Date Displayed: 14 September 2018 Reason: Article 13 affect public right of way Press Advert: Manchester Weekly News Salford Edition Date Published: 8 November 2018 Reason: Departure
Press Advert: Manchester Weekly News Salford Edition Date Published: 20 September 2018 Reason: Article 15 Standard Press Notice
RELEVANT SITE HISTORY
AJ Bell Stadium and adjacent land 19/72881/NMA – Application for a non-material amendment to planning permission 11/60383/HYBEIA for amendments to conditions 7, 9, 10, 19, 21, 28, 30, 31, 38, 39, 40, 41, 42, 49, 50 and 51 – Approved, 28 January 2019
19/72882/NMA - Application for a non-material amendment to planning permission 15/66923/REM for amendment on conditions 1 and 2 – Approved, 28 January 2019
15/66923/REM - Application for all matters reserved for the erection of a free standing 21,367sqm of non-food bulk retail development with associated car parking – Approved with Conditions, 11th April 2016
11/60383/HYBEIA - Full application for the erection of a 20,000 capacity community stadium with associated integrated facilities including offices, players facilities, hospitality, concessions and community, executive and media rooms to be constructed in 3 phases; two outdoor sports pitches, (one grass and one artificial); community changing facility; and new access off Liverpool Road together with associated car parking and landscaping. Outline application with all matters reserved for free standing 21,367 square metres of non-food bulk retail development. Variation to condition 13 on previously approved planning application 10/58995/HYBEIA. – Approved with Conditions, 5th October 2011.
Land to south of Stadium Way 19/73122/FUL – Application for the variation of condition one (Temporary Consent) attached to planning permission 18/72491/FUL – Approved 12 April 2019.
18/72491/FUL - Development of car showroom (Sui Generis) with associated surface car park and boundary treatments for a temporary period of 3 years – Approved, 21 December 2018.
Port Salford - Land between Manchester Ship Canal and Liverpool Road, Eccles 17/70437/REM - Details of reserved matters for layout, scale, appearance and landscaping for the provision of one warehouse building accommodating 35,497sqm (GIA) of B8 floor-space, pursuant to planning permission 14/65747/EIAHYB, along with associated gatehouse, car/cycle parking; boundary treatments; landscaping and other external works – Approved with Conditions, 22nd December 2017
17/70438/REM - Details of reserved matters for layout, scale, appearance and landscaping for the provision of two warehouse buildings accommodating 81,189sqm (GIA) of B8 floor-space, pursuant to planning permission 14/65747/EIAHYB, along with associated gatehouses, car/cycle parking; boundary treatments; landscaping and other external works – Approved with conditions, 22nd December 2017.
14/65747/EIAHYB – Variation of conditions 9 (completion of Part WGIS) and 10 (rail link in place) on planning permission 13/63413/EIAHYB – Approved with Conditions, 31st March 2015 03/47344/EIAHYB - Multi-modal freight interchange comprising rail served distribution warehousing, rail link and sidings, inter-modal and ancillary facilities including a canal quay and berths, vehicle parking, hardstanding, landscaping, re-routing of Salteye Brook, a new signal controlled access to the A57 and related highway works including realignment of the A57 and improvements to the M60 (Port Salford). Canal crossing and associated roads and other highway improvements as part of the Western Gateway Infrastructure Scheme (WGIS) – Approved with Conditions, 4th August 2009.
CONSULTATIONS
Design For Security – No objections. Recommend that the development is carried out in accordance with the recommendations in Section 4 of the submitted Crime Impact Statement.
UV Air Quality, Noise, Contaminated Land Air Quality – No objections. The proposed development will not have a significant impact on air quality within the Air Quality Management Area. Notwithstanding this a condition is recommended to secure baseline mitigation measures in the form of electric vehicle charging points within the proposed car park. A condition to secure the submission of a Construction Environment Management Plan (CEMP) has also been requested. Noise – No objections. Due to the distance, it is considered highly unlikely that noise from the general operation of the proposed foodstore will result in a negative impact at the residential properties. A compliance condition has been recommended stipulating the noise criteria that all external plant and equipment should operate to. Contaminated Land – No objections subject to the imposition of standard conditions designed to secure the submission of a remediation strategy and a verification report. A further condition regarding the use of piling or other penetrative measures during construction has also been recommended.
UV Drainage Engineer - No objections. Standard conditions recommended relating to compliance with the submitted Flood Risk Assessment; provision of flood resilience measures; and delivery of a surface water drainage strategy for the site using sustainable drainage methods.
Highways – No objections, subject to the imposition of the following planning conditions: Implementation of approved alterations to the A57(N) arm of the A57/WGIS/Stadium Way junction. Provision of a Car Park Management Plan Provision of a Service / Delivery / Waste Management Plan Full details of cycle parking to be submitted and approved. Site access to be implemented in accordance with the applicant’s submitted plan. Provision and retention of visibility splays either side of the site access. Submission of a Travel Information Pack. Submission of a Full Travel Plan within six months of the store being brought into use. Provision of a Construction Environment Management Plan See ‘Access, Highways and Parking’ section of this report for more detail.
Transport for Greater Manchester (TfGM) – No objections following further modelling being undertaken and the submission of a scheme of off-site highways works at the A57(N) arm of the A57/WGIS/Stadium Way junction. See ‘Access, Highways and Parking’ section of this report.
Environment Agency – No objections. The Environment Agency (EA) initially objected to the application on the grounds that the development would restrict essential maintenance and emergency access to the Salteye Brook watercourse for EA operatives. The applicant has successfully overcome this objection by providing an access point from the car park where a maintenance vehicle/machine can safely access the lower part of the bank. Greater Manchester Ecological Unit – No objections. No significant ecological constraints were identified by the developer’s ecological consultant. Issues relating to nesting birds, proximity to Salteye Brook and landscaping can be resolved via condition and/or informative.
Manchester Ship Canal Company - No comments received to date
United Utilities Water Ltd - No objections. Standard conditions recommended relating to the drainage of foul and surface water.
Trafford Council - No objections
REPRESENTATIONS
Objections from other food retailers
Asda Two objection letters have been submitted on behalf of Asda Stores ltd. The first raises objections on retail policy grounds whilst the second expresses concerns with the potential highways impacts of the development. The key points within each letter are summarised below, followed by an Officer response:
Key: O = objection; R = applicant response and officer comment
O The proposal represents a departure from the adopted UDP which is not outweighed by other material considerations. The proposed development seeks planning permission for a Class A1 retail development. Policy E1 of the UDP permits enabling development, which is limited to hotels, bars and restaurants. The proposed use therefore represents a departure from the UDP
R The application has been advertised as a departure from the local plan.
The applicant has also stated that at no point does the NPPF state that no weight should be given to the benefits of schemes which are not in accordance with the Development Plan. Therefore, Asda’s interpretation of Paragraph 47 of the NPPF is considered to be incorrect. The applicant believes that the proposed development will provide significant economic, social and environmental benefits to the local community, all of which are material considerations in the determination of this planning application and are in keeping with the aims of enabling development.
O The applicant has failed to provide an appropriate sequential assessment, as it has not considered the centres of Eccles, Cadishead and Urmston, which fall within a 10-minute off- peak drive time of the site. Failure to consider these centres makes it impossible for the local planning authority to come to a robust and sound decision on whether the application passes the sequential test.
R In response to the above, the applicant has stated that Aldi stores typically have a five-minute off-peak catchment area, however at the request of the Local Planning Authority, a 10-minute drive-time has been considered. Google Maps is not a reliable tool in determining drive-time distances for planning purposes. Asda have not measured from the proposed food-stores location to the Site, rather the other way around. Due to highways infrastructure this makes a significant difference to drive times. The off-peak drive-time catchment area provided by the Applicant uses the same data used in many satellite navigation systems. The applicant has undertaken some further assessment work that considers ‘within-centre’ and ‘edge-of-centre’ sites in Eccles and Cadishead. No potentially available sites were found as part of that exercise. Officer’s within the City Council’s Spatial Planning team have confirmed that it is not necessary for the applicant to consider corresponding sites within Urmston as it is considered to fall outside of the agreed catchment area (10 minute off-peak drive). As such officers are satisfied that the Sequential Test provided by the applicant is sufficiently robust.
O The application refers to the proposal being for a ‘deep discounter’ but in fact the application is for Class A1 retail which could in theory be occupied by any retailer. Aldi’s trading philosophy, whereby they differ from a traditional supermarket by selling from a limited core range of mainly exclusive own labels, should not be a material consideration in this instance.
R The applicant has responded by stating that the description of development is clear that planning permission is sought for a Class A1 foodstore and associated development. The application does not seek planning permission for a specific type of convenience goods retailer or solely for a specific retailer. The business model has not influenced the sequential assessment, the approach to which has been made in accordance with the principles of decisions at Rusden Lakes; Exeter; Mansfield; and Cribbs Causeway.
O The proposed site access should also be subject to a Road Safety Audit, in accordance with HD19/15
R A Road Safety Audit (RSA) is not required on roads of the classification referenced within HD19/15. Notwithstanding this, the Local Highway Authority has requested that the appropriate RSAs be undertaken prior to implementation and use of the access. A condition has been recommended which would secure the provision of these at the appropriate times.
O Further details on servicing should be provided, detailing how conflicts with customers will be managed when HGV’s are maneuvering within the car park. There is also the potential for conflict with stadium users as service vehicles need to use the entire width of the site access to enter the food-store car park and the entire width of Stadium Way to egress it.
R The LHA has requested that a condition be added to any permission to secure the submission of a Deliveries, Servicing and Waste Management Plan prior to the food-store being brought into first use. This document will, inter alia, give consideration to how the safety of staff and the public will be ensured whilst delivery vehicles are undertaking reversing manoeuvres. For example, it could enable serving to take place at quieter periods of the day, when there will be few cars/ customers in the car park and/ or on Stadium Way.
It is acknowledged that the swept path analysis shows delivery vehicles crossing the centre line of Stadium Way and the access road into the path of oncoming traffic. The alternative is to design the junction such that this is not necessary; however, this is contradictory to the advice contained within Manual for Street which advises tighter radii to minimise crossing distances for pedestrians and to slow vehicle movements into, and out of, junctions. The LHA consider the limited frequency of HGV’s, and the ability to control their arrival times, makes the applicant’s proposed approach more acceptable than disadvantaging pedestrians and facilitating faster vehicle turning movements on a permanent basis. Swept paths have demonstrated that vehicles would not need to overhang or encroach footways and the opportunity exists to check this again as part of the RSA process should the design change.
O The baseline data, upon which the Transport Assessment is based, should be collected again, in a neutral month, and the operational assessments revisited. R Following analysis of the applicant’s TA, TfGM were commissioned to undertake an assessment of the A57/ WGIS/ Stadium Way junction. Baseline data was collected again in late April (a neutral month) as part of a ‘2019 existing situation’ scenario and the operational assessments subsequently revisited.
O Committed developments, including the consented bulky goods retail unit on land adjacent to the A J Bell Stadium, should be considered.
R TfGM’s assessment accounted for committed development in the area, including the consented bulky goods retail unit on land adjacent to the A J Bell Stadium.
O Consideration of the impact of the development proposals during all highway network peaks, including when the Stadium is in use, should be undertaken.
R Guidance on the production of Transport Assessments and the design of highway improvement schemes has never advocated assessing the absolute worst case scenario. The most current guidance states that ‘In general, assessments should be based on normal traffic flow and usage conditions (e.g. non-school holiday periods, typical weather conditions) but it may be necessary to consider the implications for any regular peak traffic and usage periods (such as rush hours).’ Occasional events, like the rugby in this instance, generally include the implementation of specific traffic management measures and also influence the level of non-necessary traffic, such as foodstore trips, on the network. The LHA are confident that the correct periods have been assessed.
Lidl An objection to the proposed food-store has also been submitted on behalf of Lidl UK GmbH. The concerns raised within the letter are summarised below, followed by an Officer response:
Key: O = objection; R = applicant response and officer comment
O Lidl disagree with the applicant’s interpretation of UDP Policy ST9 and the decision not to assess the viability and vitality of defined centres within the catchment. The applicant should at least have undertaken an impact assessment that is proportionate to the scale of the retail use proposed to assess whether the proposal gives rise to a significant adverse impact on a defined retail centre. As such there is clearly insufficient evidence within the application submission to conclude that the proposed store would not have a significant adverse impact on the vitality and viability of existing centres. Town centres and high streets play an important socio-economical role which should be protected, and edge and out-of-centre retail proposals should meet relevant policy tests.
R This matter is addressed in more detail within the ‘Principle of Development’ section of this report, however the proposed food-store falls below the national threshold of 2,500sqm for an Impact Assessment. Officers within the City Council’s Spatial Planning team are satisfied that this would not be required to enable a robust decision to be issued on the application.
O Lidl have raised concerns in relation to how the sequential test has been carried out: Firstly, the assessment does not include a full list of town and neighbourhood centres within the identified 10 minute off-peak drive time catchment for which alternative sites may be identified. The site of the former Brown Cow PH, Worsley Road falls within the proposed store’s catchment area. The site is subject to a live planning application by Lidl for a foodstore with associated car parking and is therefore a ‘suitable’ and ‘available’ site. It is noted that the former Brown Cow Pub is also an out-of-centre site in retail planning policy terms. However, in any event, it is located closer to the nearest existing centres, such as Peel Green, Patricroft and Monton Neighbourhood Centres and Eccles Town Centre. Therefore it could be argued that the Brown Cow site is a more sustainable and a better connected site when compared with the proposed Aldi site.
R The applicant has undertaken some further assessment work that considers ‘within-centre’ and ‘edge-of-centre’ sites in Eccles and Cadishead. No potentially available sites were found as part of that exercise. A Lidl food-store is currently under construction on the site of the former Brown Cow PH, Worsley Road following the grant of planning permission and therefore it cannot be considered to be ‘available’.
O The proposal at its current state is contrary to Policy E1 of the adopted Development Plan. Lidl do not agree with the Applicant’s case that the principle for a foodstore at the site has been set by the site falling within the boundary of ‘retail’ phase (Stage 2) of development, as permitted by permission ref. 15/66762/NMA. This was a non-material amendment to a hybrid application that granted consent for a non-food bulk retail development that included a condition that specifically restricted the type of goods that could be sold within it.
R The food-store is assessed in detail against the City Council’s UDP Policy E1 within the ‘Principle of Development’ section of this report.
O There are a number of concerns with the Transport Assessment, namely: No assessment has been undertaken of the combined impact of Aldi and stadium traffic on the Stadium Way junction onto the A57. A significant number of vehicular movements are to be expected during events and matches at the A J Bell Stadium, and are likely to decrease the capacity of the local highway network, and increase the risk of accidents and personal injury. The base survey date used in all assessments has been undertaken out of school term time and is therefore unrepresentative; The development trip rates have been based on one store alone. This is not representative and given the way in which the private car will dominate trip making at this location, a single store in Burnley where the walk-in catchment is much more significant than that of the application site is not the right model to use. The capacity assessments provided are therefore unreliable. The poor accessibility of the site in terms of public transport, walking and cycling is likely to result in more people using private transport to access the site, and therefore increase the traffic flows in the vicinity of the site. Furthermore, the delays to pedestrians attempting to cross between the A57 and the application site will either deter pedestrian activity altogether or will lead to unacceptable risks being taken. The narrow access into the site increases the possibility of accidents due to HGV movements encroaching onto footways at the site access and due to the tight turn at the access and within the site.
R Guidance on the production of Transport Assessments and the design of highway improvement schemes has never advocated assessing the absolute worst case scenario. The most current guidance states that ‘In general, assessments should be based on normal traffic flow and usage conditions (eg non-school holiday periods, typical weather conditions) but it may be necessary to consider the implications for any regular peak traffic and usage periods (such as rush hours).’ Occasional events, like the rugby in this instance, generally include the implementation of specific traffic management measures and also influence the level of non-necessary traffic, such as foodstore trips, on the network. The LHA are confident that the correct periods have been assessed. Baseline data was collected again by TfGM in late April (a neutral month) as part of a ‘2019 existing situation’ scenario and the operational assessments subsequently revisited. Whilst the use of a single store in order to derive trip rates would not normally be accepted, the rates have been compared to those derived from TRICS which were presented in the Technical Note submitted for pre-application advice. The rates adopted in the TA result in trip forecasts almost 5x higher in the AM Peak, 2.5x higher in the PM Peak and 1.6x higher in the Saturday Peak. The LHA therefore consider that the adoption of the trip rates derived from the Todmorden Road Aldi store in Burnley ensures a robust assessment of the potential impact on the highway network. The LHA are satisfied that the forecasted traffic flows to the site have been modelled robustly. TfGM and the LHA consider the foodstore to be situated in a sustainable location however, in order to maximise the benefits of this, a s106 agreement will secure enhancements to pedestrian routes connecting the site with residential estates to the north of Liverpool Road and bus-stops will be located within a short walking distance of the store. Swept paths have demonstrated that vehicles would not need to overhang or encroach footways and the opportunity exists to check this again as part of the RSA process should the design change.
Public Rights of Way Objections have been submitted on behalf of the ‘Manchester and Salford Ramblers’ and the Peak and Northern Footpaths Society. The concerns raised within the letters are again summarised below, followed by an Officer response
Key: O = objection; R = applicant response and officer comment
O Footpath E4, as originally established before the stadium was built, goes through the middle of the stadium development. It has never been officially diverted so technically it still exists. Converting this once rural path into a pavement alongside a dual carriageway changes its whole character and is unacceptable. Increasing the road traffic in this area by allowing this store to be built on an existing Public Right of Way (PRoW) will add further insult to the injury to the local path network which local people have endured over too many years.
DEFRA Circular 1/09 (Version 2), states that “in considering potential revisions to an existing right of way that are necessary to accommodate the planned development, but which are acceptable to the public, any alternative alignment should avoid the use of estate roads for the purpose wherever possible and preference should be given to the use of made up estate paths through landscaped or open space areas away from vehicular traffic." The representation concludes by stating that the onus must be on the developer to provide full justification of any deviation from the requirements of the Circular.
R Eccles Definitive Footpath No.3 runs along Stadium Way, in front of the application site, to join Footpath No.4. This Public Right of Way (PROW) was successfully diverted in 2013 as part of the stadium development. Therefore it does not technically still route through the middle of the application site. The character of this now established PROW is not a material consideration in the determination of this application. The proposed development will not diminish the width of Footpath No.3, create barriers across it or substantially alter its surface.
Other representations A representation has also been submitted that requests the provision of taxi ranks at the proposed development. PLANNING POLICY
Development Plan Policy
Unitary Development Plan ST1 - Sustainable Urban Neighbourhoods This policy states that development will be required to contribute towards the creation and maintenance of sustainable urban neighbourhoods.
Unitary Development Plan E1 - Strategic Regional Site, Barton This policy states that one, or a combination of any two of the following types of development will be permitted on the Barton Strategic Regional Site: A) A mix of light and general industry, warehouse and distribution, and ancillary offices and other uses; B) A multi-modal freight interchange, incorporating rail and water based freight handling facilities, and a rail link to the Manchester-Newton-le Willow- Liverpool railway line C) A sports stadium for Salford City Reds with a maximum capacity of 20,000 spectators, and appropriate enabling development. Proposals must i) make an appropriate contribution towards road and services infrastructure ii) secure improvements to public transport iii) minimise adverse impact on visual amenity, views and vista in the area; iv) enhance the Liverpool Road corridor; v) maintain nature conservation interest of the site vi) have no unacceptable impact on local environmental quality vii) maintain the flood alleviation capabilities of Salteye Brook; viii) provide for a strategic route alongside the Manchester Ship Canal; ix) make appropriate provision for the training and employment of local residents during construction and operational phases.
Unitary Development Plan DES1 - Respecting Context This policy states that development will be required to respond to its physical context and respect the positive character of the local area in which it is situated and contribute towards a local identity and distinctiveness.
Unitary Development Plan DES2 - Circulation and Movement This policy states that the design and layout of new development will be required to be fully accessible to all people, maximise the movement of pedestrians and cyclists through and around the site safely, be well related to public transport and local amenities and minimise potential conflicts between pedestrians, cyclists and other road users
Unitary Development Plan DES7 - Amenity of Users and Neighbours This policy states that all new development, alterations and extensions to existing buildings will be required to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of occupiers or users of other development.
Unitary Development Plan DES9 - Landscaping This policy states that hard and soft landscaping should be provided where appropriate that is of a high quality and would enhance the design of the development, not detract from the safety and security of the area and would enhance the attractiveness and character of the built environment.
Unitary Development Plan DES10 - Design and Crime This policy states that developments must be designed to discourage crime, antisocial behaviour, and the fear of crime. Development should i) be clearly delineated ii) allow natural surveillance iii) avoid places of concealment iv) encourage activity within public areas. Unitary Development Plan A2 - Cyclists, Pedestrians and the Disabled This policy states that development proposals, road improvement schemes and traffic management measures will be required to make adequate provision for safe and convenient access by the disabled, other people with limited or impaired mobility, pedestrians and cyclists
Unitary Development Plan A5 - Buses This policy states that Quality Bus Corridors, bus lanes, guided busways and other bus priority measures will be permitted, where they are consistent with regeneration objectives. Bus priority measures will be introduced on the i) A6/A580 Leigh to Manchester ii) A56 Bury to Manchester iii) A6 through Swinton iv) A666 through Swinton v) A57/B5320 Cadishead to Eccles. The following routes will be investigated in conjunction with GMPTE; i) A575 through Walkden, and B5211 through Worsley, Winton and Patricroft ii) A5063 Trafford Road/Albion Way iii) A576 Pendleton to Cheetham iv) B5229 and B5231 Eccles to Swinton.
Improvements to the quality of bus services, facilities and associated highway infrastructure will be secured through i) new interchange facilities ii) improvements to existing provision iii) new forms of bus provision.
New developments are required make adequate provision for access to and the use of buses; development should i) facilitate safe, direct and convenient access to existing bus stops; ii) make good any deficiencies in bus services, facilities or associated highway infrastructure iii) in larger developments make specific provision for new bus stops and other associated infrastructure.
Unitary Development Plan A8 - Impact of Development on Highway Network This policy states that development will not be permitted where it would i) have an unacceptable impact upon highway safety ii) cause an unacceptable restriction to the movement of heavy goods vehicles along Abnormal Load Routes.
Unitary Development Plan A10 - Provision of Car, Cycle, Motorcycle Parking in New Development This policy states that there should be adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s minimum standards; maximum car parking standards should not be exceeded; and parking facilities should be provided consistent with the provision and maintenance of adequate standards of safety and security.
Unitary Development Plan EN9 – Wildlife Corridors This policy states that development that would affect any land that functions as a wildlife corridor, or that provides an important link or stepping stone between habitats, will not be permitted where it would unacceptably impair the movement of flora and fauna. Where development is permitted, conditions or planning obligations may be used to secure the protection, enhancement and/or management measures designed to facilitate the movement of flora and fauna across or around the site.
Unitary Development Plan EN12 - Important Landscape Features This policy states that development that would have a detrimental impact on, or result in the loss of, any important landscape feature will not be permitted unless the applicant can clearly demonstrate that the importance of the development plainly outweighs the nature conservation and amenity value of the landscape feature and the design and layout of the development cannot reasonably make provision for the retention of the landscape feature. If the removal of an important existing landscape feature is permitted as part of a development, a replacement of at least equivalent size and quality, or other appropriate compensation, will be required either within the site, or elsewhere within the area.
Unitary Development Plan EN14 – Derelict, Underused and Neglected Land This policy states that Development involving the reclamation, remediation or improvement of derelict, underused or neglected land should include measures to ensure that: i. physical risks to the public are reduced to acceptable levels; ii. site conditions appropriate to the proposed use of the land are created; iii. contamination of the land is addressed in accordance with the provisions of Policy EN 16 ‘Contaminated Land’; and iv. where appropriate, the existing ecological value of the site is protected or enhanced.
Unitary Development Plan EN16 – Contaminated Land This policy states that ddevelopment proposals on sites known or thought to be contaminated will require the submission of a site assessment as part of any planning application, identifying the nature and extent of the contamination involved, the risk it poses to future users/occupiers of the site, and the practical remedial measures proposed to deal with the contamination. Planning permission for development on or near to contaminated land will only be granted where the development would not: i. expose the occupiers of the development and neighbouring land uses to unacceptable risk; ii. threaten the structural integrity of any existing or proposed building on or adjoining the site; iii. lead to the contamination of any watercourse, water body, or aquifer; or iv. cause the contamination of adjoining land or allow such contamination to continue.
Unitary Development Plan EN17 - Pollution Control This policy states that in areas where existing levels of pollution exceed local or national standards, planning permission will only be granted where the development incorporates adequate measures to ensure that there is no unacceptable risk or nuisance to occupiers, and that they are provided with an appropriate and satisfactory level of amenity.
Unitary Development Plan EN19 - Flood Risk and Surface Water This policy states that any application for development that it is considered likely to be at risk of flooding or increase the risk of flooding elsewhere will need to be accompanied by a formal flood risk assessment. It should identify mitigation or other measures to be incorporated into the development or undertaking on other land, which are designed to reduce that risk of flooding to an acceptable level.
Unitary Development Plan DEV5 - Planning Conditions and Obligations This policy states that development that would have an adverse impact on any interests of acknowledged importance, or would result in a material increase in the need or demand for infrastructure, services, facilities and/or maintenance, will only be granted planning permission subject to planning conditions or planning obligations that would ensure adequate mitigation measures are put in place.
Other Material Planning Considerations
National Planning Policy
- National Planning Policy Framework (NPPF) - National Planning Policy Guidance (NPPG)
Local Planning Policy
- Design Supplementary Planning Document - Design and Crime Supplementary Planning Document - Flood Risk and Development Planning Guidance - Contaminated Land Planning Guidance - Planning Obligations Supplementary Planning Document
It is not considered that there are any local finance considerations that are material to the application. The Greater Manchester Spatial Framework Draft 2019 (“GMSF”) and the Revised Draft Local Plan 2019 are subject to public consultation until 18th March and 22nd March 2019 respectively. Following that, they will go through a number of further stages, including examination at a public inquiry, before they are adopted. Adoption is expected to take place towards the end of 2020 or early 2021.
Now the GMSF and Local Plan are published documents decisions, including those by the Council and ultimately by inspectors on appeal, are able to start to afford them some weight as emerging policies. However, as the weight given depends on the stage of the plan; unresolved objections; and consistency with the Government’s policies, the weight currently to be attached to the GMSF and Local Plan is only limited. The weight moving forward will be reviewed and is likely to depend on the extent to which there are unresolved objections emerging from the consultation process.
APPRAISAL
Principle of Development
The proposed development relates to the construction of an A1 food-store on a site that is not located within an existing town centre or neighbourhood centre, as identified within Policy S1 of the City Council’s Unitary Development Plan and its associated Proposals Map. The gross internal area of the store would be 1,862sqm, of which 1,315sqm would function as the sales area.
NPPF paragraph 89 states that when assessing applications for retail and leisure development outside town centres, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold. If there is no locally set threshold, the default threshold is 2,500m2 of gross floorspace. There is no locally set threshold in the saved policies of the Council’s UDP. Whilst there is a locally set threshold within Policy TC2 of the City Council’s draft Local Plan, it would not be appropriate or justifiable to attach more than ‘very limited weight’ to this policy in the determination of the application, as the draft Plan remains to go through further rounds of consultation, followed by examination by an Inspector, before it becomes adopted. Therefore, as the proposed food-store falls below the national threshold of 2,500sqm, an Impact Assessment is not required to enable a robust assessment of the application.
Paragraph 86 of the published revised NPPF (July 2018) states that local planning authorities should apply a sequential test to planning applications for main town centre uses which are neither in an existing centre nor in accordance with an up-to-date plan. Main town centre uses should be located in town centres, then in edge of centre locations; and only if suitable sites are not available (or expected to become available within a reasonable period) should out of centre sites be considered. Paragraph 87 then confirms when considering edge of centre and out of centre proposals, preference should be given to accessible sites which are well connected to the town centre. Applicants and local planning authorities should demonstrate flexibility on issues such as format and scale, so that opportunities to utilise suitable town centre or edge of centre sites are fully explored. The NPPG does however confirm that the use of the sequential test should recognise that certain main town centre uses have particular market and locational requirements which mean that they may only be accommodated in specific locations.
The applicant has provided a Sequential Test within their Planning and Retail Statement to satisfy the requirements of Paragraph 86 of the NPPF. The Council’s Spatial Planning Team has confirmed that the catchment area reviewed by the applicant is reasonable. Following receipt of further assessment work, they are satisfied that there are no other within-centre or edge-of-centre sites that could potentially meet the needs and operational requirements of the applicant. As such, it is considered that the applicant has adequately demonstrated compliance with Chapter 7 of the NPPF.
Assessment against UDP Policy E1 The application site is located on land covered by UDP Policy E1 - Strategic Regional Site, Barton. A summary of this Policy is provided within the ‘Development Plan Policy’ section of this report. The proposed food-store does not fall within one of the development types advocated in this location by sections a) – c), however the wording of the policy is not preclusive. The Policy also permits appropriate enabling development for the Salford City Reds stadium, which it goes on to identify as hotels, bars and restaurants. Any proposals for other forms of development will be considered departures from the plan.
Given the above, this proposal for an A1 food-store on the Barton Strategic Regional Site falls to be considered as a departure from the development plan and the application has been advertised as such.
The second part of the policy provides a nine-point checklist (i-ix) for new development within the Barton Strategic Regional Site, although it is considered that the criteria within it apply only as far as they are relevant to the development being proposed. The relevant criteria are as follows: 1. Make an appropriate and proportional contribution to the provision of road infrastructure and services; 2. Secure improvements to public transport to the Site; 3. Minimise any adverse impact on visual amenity; 4. Support the enhancement of the Liverpool Road corridor; 5. Maintain the overall nature conservation interest of the Site; 6. Have no unacceptable impact on local environmental quality; 7. Maintain the flood alleviation capabilities of Salteye Brook; and, 9. Make appropriate provision for the training and employment of local residents during the construction and/or operational phases of the development.
Matters relating to Points 1-8 are considered in more detail within the relevant sub-sections of this report, although for the benefit of this assessment it is concluded that the development has satisfied each individual criterion. In relation to point 9., the applicant has agreed to sign up to the Council’s Local Labour Agreement. Overall, officers are satisfied that the proposed development adequately complies with each of the criteria listed above.
The applicant has adequately demonstrated that there are no sequentially preferable within-centre, or edge-of-centre, sites that could potentially meet Aldi’s needs and operational requirements. The development is also considered to accord with the criteria listed within the second part of UDP Policy E1, although it is not compatible with the range of land-uses advocated in the first part of UDP Policy E1 and as such falls to be considered as a departure from the Local Plan.
Under Paragraph 47 of the NPPF, Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise. The ‘Weighted Planning Balance’ section at the end of this report identifies that there are material considerations relevant to this development that would reasonably justify a departure from the first part of UDP Policy E1. For ease of reference, these are set out below: A positive contribution to the environment and appearance of the Liverpool Road corridor. Continued regeneration of the Salford Western Gateway after a period of inactivity. Creation of 30-50 new retail jobs and additional, temporary construction jobs. Off-site highways works to provide increased queuing capacity on the northern approach to the Salford Western Gateway / Liverpool Road junction. Alterations to bus-stops to enhance the accessibility of bus services for users of the development, the Barley Farm PH and the Rugby Stadium. Improvements to Public Right of Way No.28, which will benefit Aldi customers walking to the foodstore from residential estates north of Liverpool Road, and enhance the experience for those people using the PROW for leisure purposes. Net gains in biodiversity through the introduction of a wildflower grass-land to the western side of the site and bird and bat boxes.
Residential Amenity
The closest residential properties to the site are those located on Avroe Road and Trident Road, 270m to the north-west. At this distance, any visual impact resulting from the proposed building would be extremely limited. The potential impacts arising from servicing, external plant, and comings and goings are considered as part of the ‘Noise’ Chapter, below. The development is, however, considered to have an acceptable impact on the amenity of neighbouring residents and is therefore in compliance with Policy DES7 of the City of Salford UDP.
Noise
A Noise Assessment has been submitted with the application. The proposed food-store is located 270m away from the nearest residential receptors. As a result of this distance, and the proximity of the main highway network, the City Council’s Environmental consultant considers it highly unlikely that noise from the general operation of the proposed food-store (such as deliveries and customers arriving / departing) will have a negative impact on residential receptors.
The Environmental officer considers there to be limited potential for plant / equipment at the store to be audible from residential receptors when operating at night. As such the applicant has used the Noise Assessment to determine suitable design criteria for any fixed plant and equipment. This approach is accepted and a condition should be attached to any permission to set out the noise levels that should not be exceeded.
Overall there are no objections to the development on noise grounds, subject to compliance with the condition described above, and therefore the development is considered to be in compliance with Policy ENV 17 of the City of Salford UDP.
Air Quality
The development is not within an air quality management area; however the proposed foodstore is of a scale which is likely to impact upon traffic patterns in the area. Consideration should also be given to the potential impact of additional vehicle movements generated by the development on the area’s air quality.
The application is supported by an Air Quality Impact Assessment. The model inputs underpinning this assessment have been reviewed by the City Council’s Environmental consultant and are considered to be representative of the conditions in the area.
The model predicts a slight, but not significant, impact from the development at residential receptors adjacent to Liverpool Road. At two of these, annual mean NO² concentrations are predicted to be above the UK limit value; although it should be noted that the model shows concentrations are above the limit both with, and without, the development, due to the receptors’ proximity to the A57 and M60 J11 roundabout. The City Council’s consultant Environmental Officer has accepted the conclusions of the Impact Assessment and recommended mitigation measures in line with the Greater Manchester Air Quality Action Plan and the Principles of Good Practice from the EPUK / IAQM Guidance (Land- Use Planning and Development Control: Planning for Air Quality).
The applicant has committed to the provision of a single rapid electric vehicle (EV) charging unit within the customer car park, which is considered to represent an acceptable form of mitigation. As such there are no objections on the grounds of air quality subject to the imposition of a condition to secure the installation of the EV charging unit(s). The construction phase of the development can be controlled through a condition that requires the submission of a Construction Environment Management Plan. The development has been shown to have no unacceptable impact on local environmental quality, specifically in relation to air quality, and is therefore considered to be in compliance with Policy ENV 17 and E1(6) of the City of Salford UDP.
Layout, Scale, Massing and Design
The proposed foodstore has been set back from Stadium Way by 42m, behind an area of surface- level car parking. It is understood that the large set-back from the highway is driven by the need to arrange the development efficiently.
It is appreciated that the scale, massing and design of the foodstore is largely derived from its function. Its appearance is typical for an out-of-centre foodstore and would not appear out of context in the area, given the form and massing of completed and committed development in the area. In particular, the proposed building would be seen against the backdrop of the A J Bell Stadium’s main / west stand, which is appreciably larger in scale. The form and profile of this stand would be mirrored by the slanted monopitch roof of the new food-store. Glazing spans the elevation facing Stadium Way, which would provide an active frontage. This returns onto the store’s western side elevation for a distance of 20m, before continuing at a high-level only. Metallic silver and anthracite grey cladding would be used to further break up the elevations.
Overall the scale, massing, and general design approach employed for the proposed foodstore would support the enhancement of the Liverpool Road corridor and would not have an adverse impact on visual amenity. It is therefore considered to be in compliance with Policies DES1, E1(3&4) and EN23 of the City of Salford UDP and the NPPF.
Trees and Landscaping
The Arboricultural Report that has been submitted with the application identifies that one category C tree would need to be removed to facilitate the development. All other trees on site would be retained. It is accepted that a category C tree should not constrain a development and therefore there are no objections to its removal. The submitted landscaping plan indicates that 12 new trees would be planted as part of the development, which comfortably mitigates for the loss of a single tree.
A Tree Protection Plan and Arboricultural Method Statement should be submitted as part of the requirements of suitably worded planning conditions, to safeguard those trees to be retained on the site whilst construction work is taking place.
A detailed landscaping scheme has been submitted with the application, which shows an eco species-rich area of grassland wrapping around the western and northern sides of the main car park, adjacent to Salteye Brook. The 12 new trees to be planted would be positioned around the site perimeters, including three that would sit within a bed of ornamental shrub planting along the Stadium Way frontage.
A proposed Boundary Treatment Plan has been submitted with the application, which indicates that a timber knee-rail and soft landscaping would define the Stadium Way frontage to the site. A low Armco barrier would separate the western boundary of the car park from the banks of the Salteye Brook. Overall the proposed arrangement of boundary treatments is considered to be satisfactory.
The proposed landscaping scheme has been reviewed by the City Council’s consultant landscape team and is considered to be acceptable. A condition to secure the implementation and a plan for the future maintenance of the approved landscape scheme would be attached to any grant of planning permission. This aspect of the development would support the enhancement of the Liverpool Road corridor and is considered to be in compliance with Policies DES1, DES9 and E1(4) of the City of Salford UDP and the National Planning Policy Framework.
Ecology
The applicant’s submitted Preliminary Ecological Appraisal has been reviewed by Greater Manchester’s Ecology Unit (GMEU). The document reports that no evidence of any protected species was found on the site however, the adjacent Salteye Brook may be a commuting corridor for bats. As such GMEU have recommended a condition requiring the submission of details of any external lighting, so as to avoid negative impacts upon the Brook.
The development will result in the loss of scrub and some young trees, which could provide potential bird nesting habitats. GMEU have recommended a condition that would prevent this vegetation from being removed during bird nesting season unless a bird nest survey has been submitted to, and agreed by, the Local Planning Authority. However, as nesting birds are already protected under the Wildlife and Countryside Act 1981 (as amended) it is not considered to be necessary for the planning system to duplicate the controls already in place under a separate regime. In this instance an Informative would be added to any grant of permission that draws the applicant’s attention to the need to protect nesting birds.
No invasive species have been recorded on the application site, although Himalayan balsam was found off-site, along Salteye Brook. Consequently GMEU have recommended an informative to draw the applicant’s attention to the applicant’s obligations with regards to invasive species, as set out within the Wildlife & Countryside Act 1981.
GMEU have identified a risk of pollution to Salteye Brook during the construction and operational phases. Whilst the risks are considered to be relatively low, pollution of the Brook would have negative impacts on the ecological potential of the watercourse, contrary to the aims and objectives of the Water Framework Directive. To prevent this, GMEU have recommended that the fllowing conditions be attached to any grant of planning permisison: Submission of a method statement to protect the Salteye Brook from accidental spillages, dust and debris; and Details to be submitted that demonstrate there will be no negative impacts on the ecological potential of the Salteye Brook resulting from the disposal of foul water and surface water It is considered that the first of these could be incorporated into the requirements of the Council’s standard Construction Environment Management Plan condition.
The proposed landscaping scheme has been amended during the course of the application to include areas of wildflower grassland around the site perimeters; 3no. bat boxes and 3no. bird boxes. An ‘insect hotel’ in the form of split logs, dead wood and rocks would also be provided. A compliance condition would be added to any grant of permission to secure the ecological features shown on the landscaping plan.
GMEU have raised no objections to the proposed development. The above has demonstrated that the food-store will maintain the overall nature conservation interest of the site and that it would not have an unacceptable impact on local environmental quality. The proposals are therefore considered to be in compliance with Policy E1(5&6) and Chapter 11 of the National Planning Policy Framework.
Access, Highways and Parking
Highway Impact Assessment
After several submissions of assessment work from the applicant, Transport for Greater Manchester (TfGM) were commissioned to undertake an independent review of the A57 / ‘WGIS’ / Stadium Way junction to determine the likely impact the development would have on its operation and also if mitigation works would be necessary.
The resulting report concluded that it would be necessary for the applicant to provide capacity improvements to the A57(N) arm of the aforementioned junction to compensate for the impact that development traffic would have on its operation during the weekday commuter peaks. Following an iterative process, the applicant has subsequently produced a scheme that provides increased queuing capacity on the northern approach to the Salford Western Gateway / Liverpool Road junction. This is achieved by re-marking the carriageway within the confines of the existing kerb-lines to provide two full lanes for the right-turn from the A57(N) onto the A57 (W). The works would not require any reduction in footways or use of third-party land.
The design of the improvement works has been supported by a Stage 1 Road Safety Audit (RSA). Subject to two minor alterations that can be incorporated at the detailed design stage, the Local Highway Authority (LHA) are satisfied with the proposed layout. With the mitigation works in place the food-store does not quite achieve ‘nil detriment’ during the weekday commuter peak hours, but it does improve how the junction operates at all times. In this respect, the development is making an appropriate and proportional contribution to the provision of road infrastructure, in accordance with UDP Policy E1(1). Furthermore, the LHA are satisfied that the impacts from the development on the transport network (in terms of capacity and congestion) would be cost effectively mitigated to an acceptable degree, in accordance with Paragraph 108 of the NPPF. A condition would be added to any grant of permission to ensure that the agreed highways works are implemented prior to the food- store being first brought into use.
Access, Site Layout and Parking
The LHA are satisfied with the position of the proposed site access off Stadium Way, subject to the imposition of conditions that secure its detailed design and appropriate visibility splays for a 30mph highway.
The swept-path analysis, submitted by the applicant’s transport consultant, demonstrates that the proposed car park layout can accommodate the maximum legal articulated HGV turning manoeuvre. A Servicing Management Plan should be submitted though, which gives consideration to inter alia how the safety of staff and the public will be ensured whilst delivery vehicles are undertaking reversing manoeuvres.
The car park associated with the proposed food-store would provide parking spaces for 114 cars, of which seven are allocated for disabled motorists and nine have been identified as parent and child spaces. Two parking spaces would accommodate electric vehicle charging points; these represent mitigation measures as advised by the Greater Manchester Air Quality Action Plan. The overall level of parking provision is broadly in-line with the City Council’s parking standards and is considered to be appropriate for a store of this size and location. A Car Park Management Plan should be secured via planning condition to set out how the use of the car park would be controlled on match days.
The applicant is of the view that a taxi rank is not necessary for the development due to the amount of car parking spaces, public transport links and easy pedestrian and vehicle access into the site.
The applicant has agreed to make a financial contribution of £50,000 towards improving pedestrian routes between the store and residential properties to the north of Liverpoool Road.
Sustainable Travel
Customer cycle parking would be located along the store frontage, beneath the building’s canopy feature, and comprises of five Sheffield stands that can accommodate 10 cycles. Designated staff provision for six cycles has been shown in the vicinity of the servicing area. This would benefit from being afforded greater security (through the addition of a lockable shelter or CCTV) and therefore further details should be submitted for review as part of a suitably worded planning condition.
The existing bus-stops on Liverpool Road are located 420m and 500m from the site, which exceeds the maximum walking distance recommended by the Institution of Highways and Transportation for journeys on foot. At these distances, future customers of the food-store may be reluctant to use public transport, particularly if they have multiple bags of shopping. Policy A5 (Buses) of the City Council’s UDP states that development proposals will be required to make adequate provision for access to and the use of buses. In particular development should make good any deficiencies in bus services, facilities or associated highway infrastructure required to service the development… and in the case of larger developments, make specific provision for new bus-stops and other associated infrastructure as an integral part of the development and, where appropriate, make financial contributions towards new or improved bus services. Both the LHA and TfGM are in agreement that the applicant should fund the provision of additional bus stops closer to the application site. The cost of these works has been estimated at £12,000 and would be secured by way of a s106 legal agreement. These improvements to public transport are considered to be proportionate and sufficient to address the requirements of UDP Policies A5 and E1(2).
The applicant has committed to issuing all new employees with a ‘Travel Pack’, which will detail all modes of sustainable travel available to the site, including cycleways, footways and public transport. A Full Travel Plan would also be submitted within six months of the store opening with the principle aim of reducing unnecessary or unsustainable car travel made by employees. The content of these documents will be agreed as part of the requirements of two planning conditions.
Public Right of Way
Eccles Definitive Footpath No.3 runs along Stadium Way, in front of the application site, to join Footpath No.4. This Public Right of Way (PROW) was successfully diverted in 2013 as part of the stadium development. Contrary to the representations made by the Manchester and Salford Ramblers, and the Peak and Northern Footpath Society, it does not technically still route through the middle of the application site.
The application site does interface with Footpath No.3, as the diverted route follows the Stadium Way footway; however the developer is aware of their obligations with regards to not interfering with the PROW and has confirmed that no changes are proposed to the route. The submitted site plan supports this statement. On this basis, officers have no concerns in relation to potential impact upon the nearby PROW’s.
Subject to compliance with the conditions recommended within this section of the report, there are no objections to the development on traffic impact or road safety grounds and the application is considered to be in compliance with the relevant policies set out in the City Council’s UDP and the NPPF.
Flood Risk and Drainage
Flood Risk The application site is situated within Flood Zone 2, whilst the provision of a food-store is classed as a ‘Less Vulnerable’ use in flood-risk terms. The NPPG confirms that this use is appropriate within this particular flood zone.
The applicant has amended the site layout to incorporate an ‘essential maintenance and emergency access’ route down to the banks of the Salteye Brook. This is for the benefit of Environment Agency (EA) machinery. The revision subsequently enabled the EA to withdraw their initial objection to the scheme.
Drainage The development has been proposed on brownfield land, on a plot that is located within the Core Conurbation Critical Drainage Area. As such the site must be drained using the most sustainable method possible and should achieve a 50% reduction in the existing rate of surface water runoff (or to greenfield runoff, whichever is greater).
The applicant has provided a Drainage Strategy with accompanying plans and calculations, which states that infiltration via soakaways or permeable paving has been discounted due to the potential for rainwater infiltration to mobilise contaminants and further contaminate either Salteye Brook and/or the deep ground water. Space limitations on site discount the use of features such as swales, detention basins and ponds etc.
The applicant proposes to discharge the surface water drainage directly into Salteye Brook at flows limited to greenfield runoff rates. The drainage hierarchy within the NPPG indicates that discharging to a surface water body represents the second-most sustainable means of discharging surface water. Any contaminants will be removed prior to discharge into the brook. The car park areas are to be drained using a lined permeable pavement solution. Attenuation volumes are provided with a tank for the roof and within the stone fill in the car park.
Discharging into the brook will require an Environmental Permit from the EA, however appropriate measures should be sought as part of the planning process to prevent runoff from the car park polluting the watercourse. These measures should be submitted as part of the requirements of a planning condition.
Overall, the City Council’s consultant Drainage Engineer is satisfied that surface water can be drained from the site in a sustainable manner that will maintain the flood alleviation capabilities of Salteye Brook. They have recommended that conditions relating to the provision of a detailed drainage strategy and appropriate pollution prevention measures be attached to any grant of planning permission. The development is therefore considered to be compliant with Policy EN19 of the City Council’s UDP and with relevant national policies contained within the NPPF also.
Land Contamination
The application site was once part of a meander of the nearby Salteye Brook, which has subsequently been in-filled. It now contains a significant depth of made ground, potentially related to a nearby sewage farm, and a spoil heap. The proposed commercial foodstore is classed as a sensitive end-use in land contamination risk terms.
A Geo-Environmental Assessment and Groundwater Assessment have been submitted with the application. The former of these identified various contaminants within the made ground, albeit below the relevant screening values for a commercial end use. Hydrocarbon levels above the screening value have been reported in one location at a depth of 4.1m. The majority of the site will be covered with the building footprint or hardstanding, which will break the pathway between the soils and the end users. The submitted remediation strategy proposes 450mm of clean soil capping in areas of proposed soft landscaping.
In terms of groundwater, the submitted assessment concludes that, whilst there is identified contamination within the perched groundwater, deep groundwater, and surface water, there appears to be no interaction between the three bodies of groundwater. The contamination of the deep groundwater and surface water appears to be unrelated to this site. The conclusions of the report have been accepted by both the Environment Agency (EA) and the City Council’s Environmental Consultant, who are in agreement that the matter can be adequately resolved through the imposition of a condition that requires the submission of a detailed remediation scheme. Subject to compliance with the recommended condition, this aspect of the development has been shown to have no unacceptable impact on local environmental quality in relation to land contamination and is therefore considered to be in compliance with Policy ENV 17 and E1(6) of the City of Salford UDP.
Crime Prevention
The applicant has sought to reduce opportunities for crime through the layout and design of the foodstore, boundary treatments and landscaping. A Crime Impact Statement (CIS) has also been submitted with the application. This identifies that the following features of the development would make a positive contribution to the prevention of crime and fear of crime: Main entrances for public use are clearly evident on approaching the buildings from the surrounding parking areas; Cycle parking is positioned where it can be overlooked by staff and shoppers within the store; The car park has been laid out to provide effective surveillance. A fence-line has been installed alongside the public footpath so that pedestrians are routed away from parked vehicles.
The CIS recommends that the service yard and walkway to the east of the store be kept enclosed to prevent unathorised access. The site is located in an area that currently experiences relatively low levels of criminal activity and overall it is considered that the development is in compliance with Policy DES10 of the City of Salford UDP and there are no objections to the development on the grounds of security or crime prevention.
Sustainability
The submitted Design and Access Statement (DAS) reports that Aldi are committed to achieving sustainable development as part of its operations. The objectives for achieving sustainable development as part of their operations ranges both between the day-to-day running of their retail stores, to designing sustainability initiatives within their new buildings.
The DAS goes on to state that ALDI uses a mix of conventional and renewable energy to power its stores. A heat recovery system using a refrigerant-to-air-heat-exchanger is used to heat the sales area of each store. This provides a significant reduction in the store’s carbon footprint when compared to conventional gas heating methods.
The applicant has also identified the following measures that they consider will minimise the environmental impact of its stores and/or contribute towards sustainability objectives:- Improve building fabric performance by using materials with low U-values Light fittings will be of low energy type and switched on by presence detectors. Electrical energy and heating is conserved by the widespread use of time switches. Water saving devices and a pulsed water meter would be installed to monitor water use; Provision of cycle parking facilities for staff and customers; SUDS are to be incorporated into the hard-surfacing areas; Hydrocarbon traps to be placed around the perimeter of the car park area where necessary.
On the basis of the above, it is considered that the development will meet the City Council's aspirations in terms of sustainability and the requirements of its SPD: Sustainable Design and Construction. Planning Obligations
The National Planning Policy Framework (paragraph 204) states that planning obligations should only be sought where they are necessary to make a development acceptable in planning terms, directly related to the development; and fairly and reasonably related in scale and kind to the development.
UDP Policy DEV5 and the Planning Obligations SPD (2015) explain the City Council’s overall approach to the use of planning obligations, and sets out detailed advice on the use of obligations to ensure that developments mitigate their impacts by making an appropriate contribution to projects that will ensure the needs generated by the development are met. The SPD notes that for developments comprising of 1,000sqm or more of non-residential floor-space, any contributions towards transport and public realm will be negotiated having regard to site specific circumstances.
This application proposes the development of a 1,862sqm food-store (Use Class A1), which is likely to generate a significant increase in footfall between the site and the surrounding residential areas. An assessment of this impact has revealed a need to improve pedestrian routes close to the development site, to create a safe, attractive and traffic-free route from local residential areas.
The development would also result in an increased demand for bus trips between the site and surrounding residential areas. The closest bus stops, in each direction, are located 420m and 500m from the site, which exceeds the relevant guidelines produced by the Institution of Highways and Transportation for journeys on foot. As such a need for additional bus stops along the A57, closer to the food-store site, has been identified
Consequently the applicant and the City Council have agreed a contribution of £62,000. This contribution would be secured via Section 106 agreement and would be directed towards improvement works to pedestrian routes and bus-stop facilities within the vicinity of the application site.
WEIGHTED PLANNING BALANCE UNDER NPPF PARAGRAPH 47
The application has been advertised as a departure from the local plan, as the proposals do not include one of the development types advocated in this location by sections a) – c) of UDP Policy E1. Under Paragraph 47 of the NPPF, Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise.
The adverse impacts that could arise from the development are considered to be limited to the following: A slight, adverse impact on air quality at three receptors along Liverpool Road; and Slight increase in junction delays at the WGIS / Liverpool Road junction during peak hours.
Accounting for the above, it is considered that in this instance there are material considerations relevant to this development, in the form of social, economic and environmental benefits, that reasonably justify a departure from the first part of UDP Policy E1 and outweigh the slight adverse impacts arising from elements of the food-store. These include: A positive contribution to the environment and appearance of the Liverpool Road corridor. Continued regeneration of the Salford Western Gateway after a period of inactivity. Creation of 30-50 new retail jobs and additional, temporary construction jobs. Off-site highways works that improve the manner in which the northern approach of the WGIS / Liverpool Road junction operates. Alterations to bus-stops to enhance the accessibility of bus services for users of the development, the Barley Farm PH and the Rugby Stadium. Improvements to pedestrian routes between the store and residential properties to the north of Liverpool Road, and enhance the experience for those people using these pedestrian routes for leisure purposes. Net gains in biodiversity through the introduction of a wildflower grass-land to westerns side of the site and bird and bat boxes.
In addition to the above, regard is given to Policy 80 of the NPPF, which states that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.
Officers have considered all of the material considerations applicable to this development and are satisfied that, when assessed in the round, it constitutes a sustainable form of development that accords with the relevant planning policies.
RECOMMENDATION
Planning permission be granted subject to the following planning conditions and that:
1) The City Solicitor be authorised to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the following heads of terms:
(i) a financial contribution of £62,000 to deliver: o Improvements to pedestrian routes between local residential areas and the proposed food-store; and o the introduction of bus-stops within a 400m walk of the application site.
2) That the applicant be informed that the Council is minded to grant planning permission, subject to the conditions stated below, on completion of such a legal agreement;
3) The authority be given for the decision notice relating to the application be issued (subject to the conditions and reasons stated below) on completion of the above-mentioned legal agreement
Conditions
1. The development must be begun not later than three years beginning with the date of this permission.
Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby permitted shall be carried out in accordance with the following approved plans:
Location Plan – 1513BOL-100 Rev: A Proposed Site Plan – 1513BOL-102 Rev: H Proposed Elevations – 1513BOL-103 Rev: C Proposed Elevations – 153BOL-V103C Proposed GA Plan – 1513BOL-104 Rev: C Proposed Boundary Treatment Details – 1513BOL-105 Rev: D Proposed Roof Plan – 1513BOL-106 Rev: A Roller Shutter Detail – 1513BOL-107 Rev: A Car Charging Point Details - 1513BOL-108 Rev: C Landscape Plan – V1513L01 Rev: E Reason: For the avoidance of doubt and in the interest of proper planning.
3. No development shall take place, including any works of excavation or demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall include:
(i) the times of construction activities on site which, unless agreed otherwise as part of the approved Statement, shall be limited to between 8am-6pm Monday to Friday and 9am-2pm Saturday only (no working on Sundays or Bank Holidays). Quieter activities which are carried out inside buildings such as electrical works, plumbing and plastering may take place outside of agreed working times so long as they do not result in significant disturbance to neighbouring occupiers; (ii) the spaces for and management of the parking of site operatives and visitors vehicles; (iii) the storage and management of plant and materials (including loading and unloading activities); (iv) the erection and maintenance of security hoardings including decorative displays and facilities for public viewing, where appropriate; (v) measures to prevent the deposition of dirt on the public highway; (vi) measures to control the emission of dust and dirt during demolition/construction; (vii) a scheme for recycling/disposing of waste resulting from demolition/construction works; (viii) measures to minimise disturbance to any neighbouring occupiers from noise and vibration, including from any piling activity; (ix) measures to protect the Salteye Brook from accidental spillages, dust and debris; (x) a community engagement strategy which explains how local neighbours will be kept updated on the construction process, key milestones, and how they can report to the site manager or other appropriate representative of the developer, instances of unneighbourly behaviour from construction operatives. The statement shall also detail the steps that will be taken when unneighbourly behaviour has been reported. A log of all reported instances shall be kept on record and made available for inspection by the local a planning authority upon request; and (xi) an intended date for the commencement of development and, following commencement, evidence of the material start on site.
Reason: In the interests of the amenity of neighbours in accordance with policies DES7 and EN17 of the Salford Unitary Development Plan and the National Planning Policy Framework. As a Construction Method Statement is required to inform the practices followed during the lifetime of the build it is necessary to require this information prior to the commencement of development.
Reason for pre-commencement condition: Any works on site could harm the amenity of neighbouring occupiers if not properly managed so details of the matters set out above must be submitted and agreed in advance of works starting.
4. No development shall be started until all the retained trees within (or overhanging) the site as shown at [Tree Impact Plan, Drawing No: BTC1678-TIP], have been surrounded by substantial fences which shall extend to the extreme circumference of the spread of the branches of the trees (or such positions as may be agreed in writing by the Local Planning Authority). Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing.
Reason: To safeguard important trees on the site and to ensure that adequate provision is made for their protection whilst the development is carried out, having regard to Policy EN12 of the City of Salford Unitary Development Plan, the Salford City Council Trees and Development Supplementary Planning Document, and the National Planning Policy Framework.
Reason for pre-commencement condition: Any work on the site has the potential to damage those trees to be retained and so the programme of protection measures is required before any development commences.
5. Prior to development commencing (except for demolition and enabling works) the applicant shall submit and agree with the Local Planning Authority in writing a contaminated land remediation strategy including detailed information pertaining to the management / remediation of contamination with the potential to impact controlled waters. The development shall thereafter be carried out in full accordance with the duly approved remediation strategy or such varied remediation strategy as may be agreed in writing with the Local Planning Authority.
Reason: To prevent pollution of the water environment and to ensure the safe development of the site in the interests of the amenity of future occupiers in accordance with Policy EN17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
6. Pursuant to condition 5; and prior to first use of the site as a food-store, a verification report, which validates that all remedial works undertaken on site were completed in accordance with those agreed with the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To prevent pollution of the water environment and to ensure the safe development of the site in the interests of the amenity of future occupiers in accordance with Policy EN17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework
7. No development shall take place until a scheme for surface water drainage for the site using sustainable drainage methods and which includes details of how water quality will be improved, and how existing surface water discharge rates reduced, has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall also demonstrate that there will be no negative impacts on the ecological potential of the Salteye Brook, resulting from the disposal of foul or surface water. The approved scheme shall be implemented prior to first occupation or use of the development hereby approved unless alternative timescales have been agreed in writing as part of the strategy.
Reason: To ensure a satisfactory method of surface water disposal to reduce the risk of flooding elsewhere in accordance with policy EN19 of the City of Salford Unitary Development Plan and seeks to provide betterment in terms of water quality and surface water discharge rates and meets requirements set out in the following documents; o NPPF, o Water Framework Directive and the NW River Basin Management Plan o The national Planning Practice Guidance and the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) o Manchester, Salford, Trafford Strategic Flood Risk Assessment (SFRA) (2011) and associated technical guidance o Environment Agency Pollution Prevention Guidelines (now withdrawn) o Flood Risk Assessment/SuDS Requirements for new developments (Salford's SuDS Checklist)
Reason for pre-commencement condition: The solution for surface water disposal must be understood prior to works commencing on site as it could affect how underground works are planned and carried out. 8. Prior to the commencement of development (except for demolition and enabling works), a scheme for draining the car parking areas within that phase through a bypass oil separator, or equivalent SUDS system, shall be submitted to, and approved in writing by, the Local Planning Authority. The approved scheme shall be implemented prior to the food-store being first brought into use and shall be retained until the cessation of this use.
Reason: To prevent pollution of controlled waters from the development site, having regard to Policy EN17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
9. Notwithstanding any description of materials in the application no above ground construction works shall take place until samples or full details of materials to be used externally on the building(s) have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour and texture of the materials. Only the materials so approved shall be used, in accordance with any terms of such approval.
Reason: In order to ensure a satisfactory appearance in the interests of visual amenity in accordance with Policy DES1 of the City of Salford Unitary Development Plan and the requirements of the National Planning Policy Framework.
10. No above-ground works shall commence until details of flood resilient construction (up to the flood level predicted for the 1:1,000 year flood event) have been submitted to, and approved in writing by the Local Planning Authority. The approved measures shall be implemented prior to the first occupation of the development and shall be retained thereafter.
Reason: In order to reduce the risks from flooding in accordance with policy EN19 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
11. The landscaping and ecological enhancement works shown on the approved Landscape Plan (Drwng No. V1513L01 Rev: E) shall be carried out in accordance with any timing / phasing arrangements agreed or within 18 months of first occupation of the development hereby permitted, whichever is the later. Any trees or shrubs planted or retained in accordance with this condition which are removed, uprooted, destroyed, die or become severely damaged or become seriously diseased within 5 years of planting shall be replaced within the next planting season by trees or shrubs of similar size and species to those originally required to be planted, unless the Local Planning Authority gives its consent in writing to any variation.
Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development and in accordance with Policies DES1 and DES9 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
12. Prior to the food-store hereby approved being first brought into use, two fast electric vehicle charge points shall be installed within the customer car park and made operational, in accordance with the details shown on drawings 1513BOL-102 Rev: H (Proposed Site Plan) and 1513BOL-108 Rev: C (Car Charging Point Details) and shall be retained and maintained thereafter.
Reason: To encourage the uptake of ultra-low emission vehicles and ensure that the development is sustainable, in accordance with Policy EN17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
13. The site access arrangements, as shown on ‘Proposed Aldi Foodstore Site Access Arrangement Preliminary Design – Dwg No. 335-01/GA-01 Rev A,’ (or an alternative plan approved in writing by the Local Planning Authority) shall be implemented in full prior to the food-store being first brought into use and retained thereafter. A stage 1 / 2 Road Safety Audit (RSA) should be submitted to, and approved in writing by, the Local Planning Authority prior to the construction of the site access and a Stage 3 RSA should be submitted to, and approved in writing by, the Local Planning Authority prior to its first use by customers and / or staff.
Reason: In the interest of highway safety and the free flow of traffic and in accordance with policies A2 and A8 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
14. Notwithstanding the details submitted with the application, the development hereby approved shall not be brought into first occupation until details of short-stay customer cycle parking and long-stay staff parking have been submitted to, and approved in writing by, the Local Planning Authority. The approved cycle parking shall be implemented and made available for its intended use prior to first use of the food-store and shall be retained thereafter.
Reason: To encourage more sustainable modes of travel in accordance with policies ST14, A2 and A10 of the City of Salford Unitary Development Plan and the National Planning Policy Framework
15. Prior to the food-store hereby approved being first brought into use a Travel Information Pack (TIP) along with details of the Travel Plan Coordinator, shall be submitted to and approved in writing by the Local Planning Authority. The TIP shall detail all modes of sustainable transport available to the site, including cycleways, footways, public transport and any other local options. The approved pack shall be issued to all staff on appointment to work at the development hereby permitted.
Reason: To ensure that the travel arrangements to the development are appropriate and to limit the effects of the increase in travel movements in accordance with policies ST14 and A8 of the City of Salford Unitary Development Plan.
16. Within six months of food-store hereby approved being brought into first use (or an alternative time-frame that has been agreed in writing by the Local Planning Authority), a Full Travel Plan (FTP) shall be submitted to the Local Planning Authority. The FTP should include results of travel surveys, targets for modal shift, an action plan and real incentives and measures to encourage use of non-car modes of travel. The agreed Travel Plan shall be implemented and reviewed in accordance with the timetable embodied therein.
Reason: To ensure that the travel arrangements to the development are appropriate and to limit the effects of the increase in travel movements in accordance with policies ST14 and A8 of the City of Salford Unitary Development Plan.
17. Prior to the food-store hereby approved being first brought into use a Car Park Management Plan (CPMP) shall be submitted to, and approved in writing by, the Local Planning Authority. The document should set out how use of the car park will be controlled, particularly on stadium event / match days. Thereafter the development shall proceed in accordance with the details contained within the approved CPMP.
Reason: In the interest of highway safety, the free flow of traffic and residential amenity and in accordance with policies A2, A8 and A10 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
18. The food-store hereby approved shall not be brought into first use until a Deliveries, Servicing and Waste Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. Thereafter the development shall proceed in accordance with the details within the approved Plan. Reason: In the interests of pedestrian and highway safety, having regard to Policies A2 and A8 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
19. Any externally-mounted plant and equipment (with the exception of plant required for emergency situations such as standby generators, smoke extract equipment etc.) associated with the development hereby approved shall be designed so as not to exceed the following BS4142:2014 noise rating levels at the nearest noise sensitive receptor; o 07:00 – 23:00 - 48 dB(A) o 23:00 – 07:00 – 42 dB(A) Assessed in accordance with BS 4142: 2014 with corrections applied for any plant emitting noise of a tonal or irregular quality.
Reason: To safeguard the amenity of neighbouring occupants of the development hereby approved in accordance with policies S4 and EN17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
20. The vehicle parking, servicing and other vehicular access arrangements shown on the approved plans to serve the development hereby permitted shall be made available for use prior to the development being brought into use (or in accordance with a phasing plan which shall first be agreed in writing with the local planning authority) and shall be retained thereafter for their intended purpose.
Reason: In the interest of highway safety and the free flow of traffic and in accordance with policies A2, A8 and A10 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
21. The development hereby approved shall be carried out in accordance with the recommendations provided in the submitted Flood Risk Assessment (Earth Environmental & Geotechnical: ref: 275 Rev: B, dated August 2017) and retained thereafter.
Reason: In order to reduce the risks from flooding in accordance with policy EN19 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
22. Notwithstanding the provisions of Condition 7, the rate of discharge of surface water from the development shall be restricted to 50% of the existing discharge rate (or to green-field runoff, whichever is greater), as per Salford City Council's SFRA, unless otherwise agreed in writing with the Local Planning Authority.
Reason: To reduce the risk of flooding by ensuring the satisfactory storage of/disposal of surface water from the site, in accordance with policy EN19 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
23. The development hereby approved shall not be brought into first use until a Landscape Management Plan for the site has been submitted to, and approved in writing by, the Local Planning Authority. The Management Plan shall include long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas, along with a timetable for the implementation of the works detailed within it.
Reason: To ensure that the site is satisfactorily landscaped and maintained and to ensure the protection of wildlife and supporting habitat and to secure opportunities for the enhancement of the nature conservation value of the site, having regard to its location and the nature of the proposed development and in accordance with Policies DES1 and DES9 of the City of Salford Unitary Development Plan and the National Planning Policy Framework. 24. The food-store hereby approved shall not be brought into use until an external lighting plan, showing how and where lighting will be installed, has been submitted to, and approved in writing by, the Local Planning Authority. The lighting plan shall include lighting contour lines and shall identify the frequency and duration of use of the lighting to demonstrate the impact that it will have on the ecological potential of Salteye Brook. All external lighting shall be installed in accordance with the approved lighting plan.
Reason: To prevent against negative impacts on the ecological potential of the adjacent watercourse, having regard to Policy of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
25. Prior to the development hereby approved being first brought into use, a scheme of appropriate pollution prevention measures to be applied, when disposing of foul and surface water from the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first use of the site as a food-store.
To prevent against negative impacts on the ecological potential of the adjacent watercourse, having regard to Policy of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
26. If piling or any other foundation designs using penetrative methods are proposed, details demonstrating that there is no resultant unacceptable risk to groundwater shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of development. Thereafter development shall be carried out in accordance with the approved details.
Reason: To ensure a safe form of development which poses no unacceptable risk of pollution, having regard to Policy EN 17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
27. Visibility splays of 24m x 43m shall be provided in both directions either side of the proposed site access in accordance with drawing ‘Proposed Aldi Foodstore Site Access Arrangement Preliminary Design – Dwg No. 335-01/GA-01 Rev A.’ Nothing should be subsequently erected, or allowed to, a height in excess of 0.6m within the visibility splay. The unobstructed visibility splays should be provided prior to first use of the development hereby permitted and shall be retained as such thereafter.
Reason: In the interest of highway safety in accordance with policies A2 and A8 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
28. Prior to the development hereby approved being brought into first use, the proposed alterations to the A57 (N) arm of the A57/ WGIS/ Stadium Way junction, as shown on drawing M14070-A-035 Rev C, dated 07.06.2019 (or similar to be agreed in writing with the Local Highway Authority) shall be implemented in full and retained thereafter.
Reason: In the interest of highway safety and the free flow of traffic, in accordance with policies A2 and A8 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.
Informatives
1. It is an offence under the Wildlife & Countryside Act 1981, as amended to introduce, plant or cause to grow wild any plant listed in Schedule 9 part 2 of the Act. Species such as Japanese knotweed and Himalayan balsam are included within this schedule. If any such species will be disturbed as a result of this development a suitably experienced consultant should be employed to advise on how to avoid an offence.
2. No vegetation clearance required by the scheme should take place in the optimum period for bird nesting (March to August inclusive) unless nesting birds have been shown to be absent by a suitably qualified person.
3. This development may require a permit under the Environmental Permitting (England and Wales) Regulations 2016 from the Environment Agency for any proposed works or structures, in, under, over or within eight metres of the bank of the Salt Eye Brook which, is designated a ‘main river’. Some activities are also now excluded or exempt. A permit is separate to and in addition to any planning permission granted. Further details and guidance are available on the GOV.UK website: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits.