Planning Applications Report Planning Committee 04 March 2010

Planning Applications Report

Planning Committee

04 March 2010 Bolton Council has approved a Guide to Good Practice for Members and Officers Involved in the Planning Process. Appendix 1 of the Guide sets down guidance on what should be included in Officer Reports to Committee on planning applications. This Report is written in accordance with that guidance. Copies of the Guide to Good Practice are available at www.bolton.gov.uk

Bolton Council also has a Statement of Community Involvement. As part of this staement, neighbour notification letters will have been sent to all owners and occupiers whose premises adjoin the site of these applications. In residential areas, or in areas where there are dwellings in the vicinity of these sites, letters will also have been sent to all owners and occupiers of residential land or premises, which directly overlook a proposed development. Copies of the Statement of Community Involvement are available at www.bolton.gov.uk

The plans in this report have been annotated with the symbol ● to show where a letter of objection has been received from an owner or occupier of a property shown on the Report Plan.

The plans in this report have been annotated with the symbol % to show where a letter of support has been received from an owner or occupier of a property shown on the Report Plan.

The plans in the report are for location only and are not to scale. The application site will generally be in the centre of the plan edged with a bold line.

The following abbreviations are used within this report: -

UDP The adopted Unitary Development Plan 2005 RSS Regional Spatial Strategy for the North West of England 2008 PCPN A Bolton Council Planning Control Policy Note PPG Department of Communities and Local Government Planning Policy Guidance Note MPG Department of Communities and Local GovernmentMinerals Planning Guidance Note SPG Bolton Council Supplementary Planning Guidance SPD Bolton Council Supplementary Planning Document PPS Department of Communities and Local Government Planning Policy Statement TPO Tree Preservation Order EA Environment Agency SBI Site of Biological Importance SSSI Site of Special Scientific Interest GMEU The Greater Manchester Ecology Unit

The background documents for this Report are the respective planning application documents which can be found at:- www.bolton.gov.uk/planapps INDEX

Ref. No Page Item Ward Location

83471/10 5 1 BMET 167 SOMERTON ROAD, BOLTON, BL2 6LW

83185/09 13 2 HARP HIGHFIELD COMMUNITY CENTRE, HIGHFIELD ROAD, FARNWORTH, BOLTON, BL4 0AW

83473/10 23 3 HELO LAND AT THE GLEN, BOLTON, BL1 5DB

83474/10 43 4 HELO LAND AT THE GLEN, BOLTON, BL1 5DB

83380/09 51 5 HOBL LAND AT CHORLEY PLACE, CHORLEY NEW ROAD, HORWICH, BOLTON.

83534/10 71 6 HONE LEVER PARK SCHOOL, STOCKS PARK DRIVE, HORWICH, BOLTON, BL6 6DE

83365/09 83 7 LLDL LAND AT RADCLIFFE ROAD, BOLTON

83507/10 107 8 LLDL LAND ADJACENT TO 17 SETTLE STREET, LITTLE LEVER, BOLTON, BL3 1LF

83371/09 117 9 SMIT 877-879 MOSS BANK WAY, BOLTON, BL1 5SN

Date of Meeting: 04 March 2010 Item Number: 1

Application Reference: 83471/10

Type of Application: Full Planning Application Registration Date: 22/12/2009 Decision Due By: 16/02/2010 Responsible Jeanette Isherwood Officer:

Location: 167 SOMERTON ROAD, BOLTON, BL2 6LW

Proposal: ERECTION OF PART SINGLE/FIRST FLOOR EXTENSION AT SIDE

Ward: Breightmet

Applicant: Mr Patel Agent : Hindley Designs Ltd

Officers Report

Background An identical application was refused by the Planning and Highways Committee on 15/09/1994. An appeal was lodged on 11/11/1994 and was approved by the Planning Inspectorate on 6/3/1995. The Inspector concluded that, whilst the extension would be less than the 13.5 metres from main aspects, his view was that as there were extensive open aspects to the north east and south east, the proposal would not appear over dominant or overbearing on the two dwellings to the west.

The conservatory referred to above was granted consent under application 74216/06.

The application was then re submitted after lapsing on 01/11/2007 minus the conservatory. The application was refused by the Planning and Highways Committee on 01/11/2007. An appeal was lodged on 30/04/08 and was dismissed by The Planning Inspectorate on 26/08/08. The Inspector concluded that the proposal would materially harm the living conditions of the neighbouring residents at 1 and 3 Widcombe Drive with reference to outlook and dominance.

Proposal The application proposes a first floor extension over the existing garage. The proposal will be 3 metres wide running the length of the house, incorporating a hipped roof.

Site Characteristics This is a modern semi-detached property set in average size gardens on a main estate road. The property has an existing conservatory to the rear and a single storey garage to the side. A 1.3 metre high fence surrounds the rear garden of the property. The side elevation of the existing garage is adjacent to an electric substation surrounded by a 1.7 metre high wall,

5 which in turn is adjacent to the rear gardens of 1 and 3 Widcombe Drive. These properties face the gable elevation of 167 Somerton Road and have principle windows directly facing the proposal at ground and first floor.

Policy RSS (2008) Policies DP1 Spatial Principles, DP2 Promoting Sustainable Communities and DP7 Promoting Environmental Quality.

UDP (2005)

D1/D2 Design

Planning Control Policy Notes No. 2 Space Around Dwellings No. 3 House Extensions

Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:

*Impact on the living conditions of the neighbouring residents;

*Impact on the character of the area;

Impact on the Living Conditions of the Neighbouring Property Planning Control Policy note no 3 - "House Extensions" states that two storey side extensions which have blank gable walls which would face an existing main window to a main room within a neighbouring property should not come within 13.5 metres of those windows This interface is important to ensure that the living conditions of an adjoining dwelling are not unduly affected due to an extension appearing over dominant and overbearing when viewed from the main windows in that property.

The interface distance between the proposed first floor extension and the principle windows in the rear elevation of 1 Widcombe Drive is approximately 9.5 metres at the shortest rising

6 to approximately 12.8 metres at the longest. This distance does not comply with Council Policy.

There are two appeal decisions on this site for the same proposal, the latest of which supported the grounds for refusal of the application. Bearing in mind this is the most recent relevant appeal decision, this should be afforded considerable weight.

Conclusion It is considered that the proposal overall is unacceptable in terms of its impact on the living conditions of the adjacent dwellings and the application is accordingly recommended for refusal. This is consistent with the historic decisions made by Committee and the most Planning Inspector.

7 Representations and Consultation Annex

Representations Letters:-Two letters of objection have been received to the application from the neighbours at 1 and 3 Widcombe Drive. The main objection from these neighbours are that the proposed extension will detrimentally influence their amenities, reduce natural light and prove to be over dominant when viewed from these properties. The proposal remains in the most part similar to the previous applications and therefore should be refused.

Petitions:-None

Town Council:-None

Elected Members:-None

Consultations National Grid - No comments

8 Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed extension would, by virtue of its height and siting, impact detrimentally on the outlook and living conditions of neighbouring residents at 1 and 3 Widcombe Drive and is contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

10 11 12 Date of Meeting: 04 March 2010 Item Number: 2

Application Reference: 83185/09

Type of Application: Full Planning Application Registration Date: 22/12/2009 Decision Due By: 16/02/2010 Responsible Matthew Kilsby Officer:

Location: HIGHFIELD COMMUNITY CENTRE, HIGHFIELD ROAD, FARNWORTH, BOLTON, BL4 0AW

Proposal: USE OF LAND AS CHILDREN'S PLAY AREA WITH THE INSTALLATION OF VARIOUS PLAY EQUIPMENT. ERECTION OF BOUNDARY FENCING AND GATED ACCESS TOGETHER WITH THE CREATION OF A RAMPED ACCESS

Ward: Harper Green

Applicant: Highfield Hall Community Association Agent :

Officers Report

Proposal Permission is sought for the use of land adjacent to Highfield Community Centre as a children’s play area, which will comprise a variety of play equipment. Also proposed is the erection of boundary fencing and gates together with the change of an existing stepped access to a ramped access. The play area is to be used both by occupants of the community centre and children from the surrounding area.

Site Characteristics Highfield Community Centre is a large, red brick building that was historically used as an animal shed when the surrounding site was Highfield Hall Farm. The proposed siting of the play area is on an open plot of land adjacent the northern elevation of the community centre. The site is currently overgrown and can be accessed, over a low brick wall, from Marsh Lane.

The surrounding area is predominantly residential in character with the exception of two schools, Highfield County Primary and Our Lady of Lourdes RC Primary, to the north and north-east. The nearest neighbouring residential properties are 48 Marsh Lane (directly adjacent to the north) and 37 Marsh Lane (opposite but not directly facing).

Policy Regional Spatial Strategy DP1 Spatial Principles, DP2 Promote Sustainable Communities and DP7 Promote Environmental Quality

13 UDP: D2 Design; EM2 Incompatible Uses; CP1, CP3 & CP4 Provision Of Community Facilities.

PCPN2 Space Around Dwellings; PCPN10 Planning Out Crime.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

* impact on character and appearance of the surrounding area * impact on neighbouring residents

Impact on character and appearance of the surrounding area RSS policies DP1, DP2 and DP7 and UDP policies D1 and D2 requires new developments to be compatible with, or improve, their surroundings; create a safe and secure environment which minimises the possibility of crime; and be accessible and useable to people of a range of mobility and physical ability.

As mentioned previously, the surrounding area is predominantly residential in character with the exception of schools to the north up Marsh Lane. It is considered that the proposed play area, in terms of its scale, siting and design, will not have a detrimental impact on the character and appearance of the surrounding area. This is particularly the case as those apparatus that have most visual impact are to be located to the rear of the site and will therefore be less visible from Marsh Lane.

It is also considered that the proposed area will not have a detrimental impact on the streetscene of Marsh Lane. The neighbouring Community Centre is a large and dominating two storey red brick building, which will attract attention away from the proposed play area. Furthermore, the application site is long and narrow, which means that the affected frontage on Marsh Lane is approximately ten metres in width. It is considered that the proposed play area will not be particularly noticeable or visually intrusive when seen from Marsh Lane.

The application site is currently unused and, as such, has become quite overgrown and is of little amenity value. There is, however, a mature tree of amenity value in the centre of the site. As part of the application, all the trees that are currently on the site are to be retained, including the tree in the centre, which will be surrounded by a bench and incorporated into the play area.

Other minor changes include the changing of an existing stepped access to a ramped access and the erection of a boundary fence. The existing stepped access is currently services a fire escape and this will remain the case. The change to a ramp will not have a visual impact and is therefore acceptable.

The submitted planning application is inconsistent in terms of defining the proposed boundary treatment of the proposed play area. The fencing to the rear of the application site is palisade fencing that is approximately two metres in height and grey in colour. Such fencing at the front of the application site, on the Marsh Lane frontage, would not be acceptable. The addition of a condition, requesting boundary details be submitted to the Authority before development commences, is therefore recommended should Members be minded to approve the application.

Impact on neighbouring residents Policy EM2 of the UDP seeks to prevent development that will result in unacceptable impacts on existing uses or likely future development by reason of noise, smell safety, lighting disturbance, traffic or other pollution.

The nearest affected residential property is 48 Marsh Lane, which is directly adjacent the application site to the north. An objection letter has been received from the occupant of this property on the grounds that the proposal will lead to noise disturbance and distress to a severely disabled occupant of the dwelling. The objector also raises concerns as to the proposed boundary fence, the status of the trees that are currently on site and that the play area may attract anti-social behaviour.

It is accepted that the proposal will lead to more noise emanating from this part of the Community Centre as the application site is currently not used. However, as the Community Centre is used for daycare, there is already noise and disturbance and it is considered unlikely that the proposal will lead to more noise and disturbance than is currently the case.

However, in order to limit the potential impact of the play area and should Members be minded to approve the application, a condition should be added that limits the opening hours of the play area. Such opening hours should be controlled by the applicant through a lockable access gate adjacent the eastern elevation of the community centre. It is considered that such arrangements will manage the use of the play area and discourage anti-social behaviour in and around the application site.

In terms of visual impact, it is not considered that the proposed play area will have a detrimental impact on surrounding neighbours. 37 Marsh Lane, opposite the application site, does not directly face the proposed play area and the main visual outlook is to the north-west up Marsh Lane.

There are two windows on the side elevation of 48 Marsh Lane, which overlook the application site. However, there are evergreen bushes, which are outside the control of the applicant, currently in place on this boundary. These bushes will negate any visual impact that the proposal may have.

15 Conclusion The proposed play area, in terms of its siting, scale and design, is considered to comply with policy within the UDP. The play area will bring into use a plot of land, which is currently unused and is of low amenity value. Furthermore, it is unlikely that the play area will lead to noise and disturbance, to the detriment of the nearest neighbours, over and above what is currently the case. Members are therefore recommended to approve the application with conditions.

16 Representation and Consultation Annex

Representations Letters:- two letters of objection have been received from the occupants of 48 Marsh Lane and Highfield Hall Farm. Grounds for objection include: Impact of noise and disturbance on the occupants of 48 Marsh Lane. Impact on trees and neighbouring boundary fencing. The play area could attract anti-social behaviour.

Consultations Advice was sought from the following consultees: Landscaping and Design

Planning History Planning permission for the change of use of the former farm building into a Community Centre was approved in 1981 (17252/81).

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Before development commences details of the treatment to all boundaries to the site, including proposed fencing and the provision of a lockable gate adjacent to the eastern elevation of the Community Centre, shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is brought into use and retained thereafter.

Reason

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

3. The play area shall not be open for use between the hours of 19:00 and 08:00. Such opening hours shall be controlled by the applicant and occupants of Highfield Community Centre.

Reason

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

Notes:

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

Unitary Development Plan

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development by reason of pollution; EM3 as the development would not have adverse effects on levels of air, water, land, noise and light pollution; D1 and D2 as the application displays good urban design which would preserve local distinctiveness; A5 as the development proposals take into account provision for roads, paths, servicing and parking.

18 Regional Spatial Strategy DP1, DP2 and DP7 as the application displays good urban design which would preserve local distinctiveness.

20 21 22 Date of Meeting: 04 March 2010 Item Number: 3

Application Reference: 83473/10

Type of Application: Full Planning Application Registration Date: 19/01/2010 Decision Due By: 16/03/2010 Responsible Helen Williams Officer:

Location: LAND AT THE GLEN, BOLTON, BL1 5DB

Proposal: DEMOLITION OF EXISTING GARAGES AND ERECTION OF 1 NO. DETACHED DWELLING AND DETACHED GARAGE

Ward: Heaton and Lostock

Applicant: Mr M Smith Agent : Reid Architects

Officers Report

Proposal Permission is sought for the demolition of six garages currently on the site and the erection of a two storey, flat roofed, detached dwelling and a detached garage.

There is currently planning permission for a larger two storey dwelling on the site, which was allowed at appeal in December 2008 (79958/08).

The garages that are to be demolished are currently used by residents of The Glen Apartments, on the opposite side of the road. A planning application has been submitted separately to erect six replacement garages at the apartments (83539/10). It is expected that this application will be approved under delegated powers.

An application for conservation area consent has also been submitted and is to be found elsewhere within this report (83474/10).

Site Characteristics The application site is at the junction of The Glen with Chorley New Road and contains six garages that are sited centrally within the plot. The site slopes down to the south, away from Chorley New Road.

The trees within the northern section of the site are protected under Bolton (Heaton) Tree Preservation Order No. 5 (1960). The other trees within the site have protection as they are within a conservation area.

The site is within Chorley New Road Conservation Area.

23 Policy PPS1 Delivering Sustainable Development PPS3 Housing PPS15 Planning and the Historic Environment

RSS13 Policies: DP1-9 Spatial Principles; L4 Regional Housing Provision; RT2 Managing Travel Demand; EM1(D) Trees, Woodlands and Forests; EM2 Remediating Contaminated Land.

UDP Policies: N7 Tree, Woodland and Hedgerows; N8 Protected Trees; EM4 Contaminated Land; D2 Design; D7 Conservation Areas; D8 Demolition in Conservation Areas; A5 Road Network; A6 Parking; H3 Housing.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN10 Planning Out Crime; PCPN19 Conservation Areas; PCPN21 Highway Considerations; PCPN27 Housing Development.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

impact on urban regeneration impact on the character and appearance of the Conservation Area impact on trees impact on the amenity of neighbouring residents impact on the highway

Impact on Urban Regeneration National policy on residential development is contained in PPS3 Housing. In support of the Government's objective of creating mixed and sustainable communities, PPS3 seeks to ensure housing is developed in suitable locations which offer a range of community facilities and with good access to jobs, key services and infrastructure. This should be achieved by making effective use of land.

The application site is a previously developed site within the urban area that already has the benefit of planning permission for one dwelling (79958/08). The principle of residential

24 development on the site has therefore already been established and it is considered that the proposal complies with UDP Policy H3.

Impact on the Character and Appearance of the Conservation Area Policy D2 of the UDP states that the Council will permit development proposals that contribute to good urban design and that are compatible with, or improve, their surroundings. Policy D7 of the UDP states that the Council will permit development proposals that preserve or enhance the character and appearance of conservation areas.

The application site is located within Chorley New Road Conservation Area, which is characterised by large, detached, two storey dwellings in substantial and often heavily landscaped plots. Within this overall pattern of development there is considerable variety in the style and design of dwellings.

The loss of the garages from the site, and their replacement with one dwelling, is considered to be acceptable given that the garages do not add to the character and appearance of the area. The demolition of the garages is therefore considered to comply with Policy D8 of the UDP concerning demolition of unlisted buildings within conservation areas.

An application for the erection of a two storey dwelling sited centrally within the plot was allowed at appeal in December 2008 (79958/08). The latest proposed dwelling is substantially smaller in scale than the previously approved dwelling, being only half the footprint and two thirds of the height. It is therefore considered that the proposed dwelling will sit more comfortably within the plot.

The design of the dwelling is more contemporary than the previously approved house and uses a combination of natural and modern materials. The Council's Design and Conservation Officers consider that the proposed dwelling will enhance the area by adding an original and attractive building that reflects a contemporary approach to architecture.

The siting of a smaller building within the plot also enables the landscaping screen around the site to be retained, maintaining the leafy character of the area.

It is considered that the proposal contributes to good urban design, complaint with Policies D2 and D7 of the UDP.

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

25 The trees within the northern section of the site are protected under Bolton (Heaton) Tree Preservation Order No. 5 (1960). The other trees within the site have protection as they are within a conservation area.

The Council's Tree Officer has confirmed that the siting of the proposed dwelling is acceptable. The location of the proposed garage has been amended so that it is further into the site and further away from a protected beech.

It is considered that the proposal will not have a detrimental affect on the protected trees within the site and therefore complies with Policies N7 and N8 of the UDP.

Impact on the Amenity of Neighbouring Residents PCPN2 "Space Around Dwellings" aims to ensure that good standards of design and layout are achieved in all new housing development schemes and sets out the Council's minimum interface standards between new and existing dwellings.

The proposed dwelling will be sited in the position of the four attached garages on the site, though closer to the boundary with 15 Ravens Holme to the east. The eastern side of the proposed dwelling (which contains no windows) will be over 21 metres away from the rear elevation of 15 Ravens Holme. PCPN2 recommends a minimum interface distance of 13.5 metres in such instances, and therefore the proposed siting of the dwelling exceeds this recommendation.

The side of the proposed garage will be approximately 27 metres away from the side of the nearest property to the south of the site, 15 The Glen.

It is therefore considered that the siting of the proposed dwelling and garage will not affect the living conditions of neighbouring residents.

Impact on the Highway Policy A5 of the UDP states that development proposals should not adversely affect the safety of highway users, including pedestrians, as well as the safe and efficient circulation of vehicles. Policy A6 refers to the Council's maxima car parking standards.

A detached double garage is proposed to the south of the site, which will provide in curtilage parking for two vehicles. A driveway to the front of the dwelling will also provide off-street parking.

The proposal involves the demolition of six garages that are used by the residents of The Glen Apartments, on the opposite side of road from the application site. A planning application for the erection of six replacement garages, along with two storage units, next to the existing garages at The Glen Apartments has been submitted separately from this application (83539/10). It is expected that this application will be granted under delegated powers, with no objections to the proposal have been received from either consultees or members of the public.

The Council's Highways Engineers have raised no objection to the proposal and it is therefore considered to be compliant with Policies A5 and A6 of the UDP.

Conclusion For the reasons discussed above it is considered that the proposal contributes to good urban design and will be compatible with Chorley New Road Conservation Area, will not result in the unacceptable lost of protected trees within the site, will not adversely impact on the living conditions of neighbouring residents and will not jeopardise highway safety. The application is therefore recommended for approval.

27 Representation and Consultation Annex

Representations Letters:- two letters of objection have been received from the residents at 15 and 17 The Glen. These letters raise the following concerns:

The design of the house is not in keeping with the area; Overlooking and privacy concerns; The proposed garage will be further south than the existing garages and therefore closer to existing houses; Loss of trees and shrubs; The Glen will no longer be a secluded development; Affect on wildlife; The proposed accesses are a potential road hazard; Noise and disruption during construction (not a planning consideration).

One letter of support has been received from the residents of 11 Ravens Holme, who consider that the proposed dwelling is more appropriate for the site in terms of height, overall size and types of materials.

Consultations Advice was sought from the following consultees; Design and Conservation Officer, Tree Officer, Highways Engineer, Public Rights of Way Officer, Ramblers Association (Bolton Group), The Open Spaces Society, and Peak and Northern Footpath Society.

Planning History Permission was allowed at appeal in December 2008 for the demolition of garages followed by the erection of one dwelling (79958/08).

The demolition of the existing garages and the erection of one house and six replacement garages were approved in August 2007 (77765/07).

An application for a detached house and six replacement garages was refused at Committee in April 2007 (76236/07).

An application is currently being determined for the erection of six garages and two storage units at The Glen apartments, to replace the six garages to be lost from the application site (83539/10). It is expected that this application will be approved under delegated powers in the near future.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

Reason

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

3. The development hereby approved/permitted shall not be brought into use unless and until a colour scheme for all external walls of the development to be painted has been submitted to and approved by the Local Planning Authority and the walls have been coloured in accordance with the approved scheme. The approved colour scheme shall thereafter be retained.

Reason

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

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

Reason

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

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

Reason

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

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order), no windows or doors shall be formed or other alterations carried out to any elevation or the roof of the development, hereby approved/permitted, other than those expressly authorised by this permission. Reason To safeguard the appearance of the dwelling.

29 7. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.

Reason

The private garden space of the dwellings is limited by the presence of protected trees and any extension could result in an unacceptable loss of trees.

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

Reason

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

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

Reason

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

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

Reason

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

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

Reason

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

12. The garage(s) hereby approved/permitted shall be made available at all times for the parking of a motor vehicle.

Reason

30 The loss of garage spaces would be likely to lead to an increase in on-street parking to the general detriment of highway safety.

Notes:

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

Unitary Development Plan

N7 and N8 as the development will not result in the unacceptable loss of trees within the site; EM4 as investigation into land contamination has been carried out and suitable mitigation measures would be secured by a planning condition; D1 and D2 as the application displays good urban design which would preserve local distinctiveness; D7 as the development would preserve and enhance the character and appearance of Chorley New Road Conservation Area; D8 as the benefits produced by the development outweigh the loss of the garages from the site; A5 as the development proposals take into account provision for roads, paths, servicing and parking; A6 as the development is to provide car parking based on the Council's maximum car parking standards; H3 as the housing development site is accessible; the development would help to provide a wider choice and better mix of housing types, sizes and tenures; the existing and potential infrastructure has the capacity to absorb the development; and the site has been previously developed.

Regional Spatial Strategy

DP1-9 as the development would regenerate previously developed land in a urban area and would be of suitable design quality; L4 as the development will increase housing supply; RT2 as the existing highway network will be maintained; EM1(D) as the development will retain the landscaping and natural environment; EM2 as all land contamination will be remediated.

31 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Reason

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

Reason

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

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

Reason

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

Reason To safeguard the appearance of the dwelling.

7. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.

32 Reason

The private garden space of the dwellings is limited by the presence of protected trees and any extension could result in an unacceptable loss of trees.

Reason

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

Reason

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

Reason

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

Reason

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

12. The garage(s) hereby approved/permitted shall be made available at all times for the parking of a motor vehicle.

Reason

The loss of garage spaces would be likely to lead to an increase in on-street parking to the general detriment of highway safety.

34 Notes:

Unitary Development Plan

N7 and N8 as the development will not result in the unacceptable loss of trees within the site;

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

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

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

D8 as the benefits produced by the development outweigh the loss of the garages from the site;

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

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

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

Regional Spatial Strategy

DP1-9 as the development would regenerate previously developed land in a urban area and would be of suitable design quality;

L4 as the development will increase housing supply;

RT2 as the existing highway network will be maintained;

EM1(D) as the development will retain the landscaping and natural environment; EM2 as all land contamination will be remediated.

35 36 37 38 39

40 41 42 Date of Meeting: 04 March 2010 Item Number: 4

Application Reference: 83474/10

Type of Application: Conservation Area Consent Registration Date: 19/01/2010 Decision Due By: 16/03/2010 Responsible Helen Williams Officer:

Location: LAND AT THE GLEN, BOLTON, BL1 5DB

Proposal: CONSERVATION AREA CONSENT TO DEMOLISH EXISTING GARAGES AND ERECTION OF NEW DETACHED DWELLING WITH DETACHED GARAGE

Ward: Heaton and Lostock

Applicant: Mr M Smith Agent : Reid Architects

Officer's Report

Proposal Conservation Area Consent is sought for the demolition of six garages currently on the site and the erection of a two storey, flat roofed, detached dwelling and a detached garage.

There is currently planning permission for a larger two storey dwelling on the site, which was allowed at appeal in December 2008 (79958/08).

An application for full planning permission has also been submitted and is to be found elsewhere within this report (83473/10).

The site is within Chorley New Road Conservation Area.

43 Policy PPS1 Delivering Sustainable Development PPS3 Housing PPS15 Planning and the Historic Environment

RSS13 Policies: DP1-9 Spatial Principles; L4 Regional Housing Provision; RT2 Managing Travel Demand; EM1(D) Trees, Woodlands and Forests; EM2 Remediating Contaminated Land.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN10 Planning Out Crime; PCPN19 Conservation Areas; PCPN21 Highway Considerations; PCPN27 Housing Development.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impact of the proposal is:-

* impact on the character and appearance of the Conservation Area

44 An application for the erection of a two storey dwelling sited centrally within the plot was allowed at appeal in December 2008 (79958/08). The latest proposed dwelling is substantially smaller in scale than the previously approved dwelling, being only half the footprint and two thirds of the height. It is therefore considered that the proposed dwelling will sit more comfortably within the plot.

The siting of a smaller building within the plot also enables the landscaping screen around the site to be retained, maintaining the leafy character of the area.

It is considered that the proposal contributes to good urban design, complaint with Policies D2 and D7 of the UDP.

Conclusion For the reasons discussed above it is considered that the proposal contributes to good urban design and will be compatible with Chorley New Road Conservation Area. The application is therefore recommended for approval.

45 Representation and Consultation Annex

Representations Letters:- two letters of objection have been received from the residents at 15 and 17 The Glen. These letters raise the following concerns which are mainly related to the planning application which can be found elsewher on the aganda:

* The design of the house is not in keeping with the area; * Overlooking and privacy concerns; * The proposed garage will be further south than the existing garages and therefore closer to existing houses; * Loss of trees and shrubs; * The Glen will no longer be a secluded development; * Affect on wildlife; * The proposed accesses are a potential road hazard; * Noise and disruption during construction (not a planning consideration).

Planning History Permission was allowed at appeal in December 2008 for the demolition of garages followed by the erection of one dwelling (79958/08).

The demolition of the existing garages and the erection of one house and six replacement garages were approved in August 2007 (77765/07).

An application for a detached house and six replacement garages was refused at Committee in April 2007 (76236/07).

46 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

Reason

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

Reason

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

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

Reason

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

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order), no windows or doors shall be formed or other alterations carried out to any elevations or the roof of the development, hereby approved/permitted, other than those expressly authorised by this permission.

Reason To safeguard the appearance of the dwelling.

47 by this permission.

Reason

The private garden space of the dwellings is limited by the presence of protected trees and any extension could result in an unacceptable loss of trees.

Reason

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

Reason

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

Reason

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

Reason

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

12. The garage(s) hereby approved/permitted shall be made available at all times for the parking of a motor vehicle.

Reason

The loss of garage spaces would be likely to lead to an increase in on-street parking to the general detriment of highway safety.

48 Notes:

Unitary Development Plan

N7 and N8 as the development will not result in the unacceptable loss of trees within the site;

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

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

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

D8 as the benefits produced by the development outweigh the loss of the garages from the site;

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

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

Regional Spatial Strategy

DP1-9 as the development would regenerate previously developed land in a urban area and would be of suitable design quality;

L4 as the development will increase housing supply;

RT2 as the existing highway network will be maintained;

EM1(D) as the development will retain the landscaping and natural environment; EM2 as all land contamination will be remediated.

49 50 Date of Meeting: 04 March 2010 Item Number: 5

Application Reference: 83380/09

Type of Application: Full Planning Application Registration Date: 23/12/2009 Decision Due By: 24/03/2010 Responsible Helen Williams Officer:

Location: LAND AT CHORLEY PLACE, CHORLEY NEW ROAD, HORWICH, BOLTON.

Proposal: ERECTION OF 117 DWELLINGS (SUBSTITUTION OF HOUSE TYPES AND AMENDED LAYOUT)

Ward: Horwich and Blackrod

Applicant: P.E. Jones (Contractors) Ltd. Agent : The Emerson Group

Officer's Report

Proposal Planning permission has previously been granted for the erection of 153 dwellings on the site of the former Victoria (Chortex) Mills (149 dwellings under application 72253/05, then an additional 4 under applications 79867/08 and 81385/08). The first phase of the residential development has commenced on site with the building of houses and apartments on Chorley New Road and Panton Street (26 units).

The approved development consists of a mix of houses types with a large proportion being three storey town houses and two bed apartments. The applicant has stated within their application that since the granting of the original permissions for the site the housing market has changed significantly and therefore there is no longer such a demand for apartments and town houses in Bolton. This latest proposal for the site therefore aims to address this change in demand and make the development more viable by substituting the town houses with detached houses and the apartments with mews houses, of varying size.

117 dwellings are now proposed on the undeveloped part of the site instead of the 127 dwellings that have been previously approved. There is therefore a net loss of 10 dwellings from the development. Of the 117 dwellings proposed, 24 will be detached, 20 will be semi-detached, 72 will be mews houses (terrace of four) and one will be a one bed apartment unit. All proposed dwellings will be two storeys in height and will either replicate or reflect the designs of the dwellings already approved along Chorley New Road and at the neighbouring Meadows development.

Vehicular access to all the proposed dwellings apart from plots 423 to 430 (7 houses), and the already constructed dwellings, will be from a new access route from Mansell Way. Plots 423 to 430 will be accessed from a new junction with Chorley New Road and the constructed dwellings are accessed from Panton Street. As with the previous approval on the site, collapsible bollards are proposed at the junction of the Chorley New Road with the

51 new estate to stop traffic entering and leaving the estate and using the access road as a short cut between Chorley New Road and Middlebrook.

Site Characteristics The application site measures 2.5 hectares and was the site of the former Victoria (Chortex) Mills. The mills have now been demolished, apart from the entrance porch, which remains at the Chorley New Road frontage as part of the proposed public art for the residential development. The first phase of the residential development has commenced on the part of the site fronting Chorley New Road and Panton Street (26 houses and apartments).

The site is bordered to the north by Chorley New Road and its terraced dwellings and shops, to the east by the terraced dwellings along Panton Street, to the south east by the residential 'Meadows' development, to the south west by the office buildings Ridgway House, Sefton House and Regenda House, and to the east by Chorley New Road Primary School and Stirling Industrial Estate.

Policy PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport

RSS13 Policies: DP1 Spatial Principles; DP2 Promote Sustainable Communities; DP4 Make the Best Use of Existing Resource and Infrastructure; DP5 Manage Travel Demand; DP7 Promote Environmental Quality; DP9 Reduce Emissions and Adapt to Climate Change; L4 Regional Housing Provision; L5 Affordable Housing; RT2 Managing Travel Demand; RT9 Walking and Cycling; EM2 Remediating Contaminated Land; EM16 Energy Conservation and Efficiency.

UDP Policies: EM2 Incompatible Uses; EM3 Pollution; EM4 Contaminated Land; EM5 Derelict Land and Buildings; EM6 Energy Conservation and Efficiency; EM11 Flood Protection; D1, D2 Design; D3 Landscaping; D5 Public Art; O4 Provision of Open Space in New Developments; A5 Road Network; A6 Car Parking Standards; A9 Access for People with Disabilities; A10 Traffic Management and Calming; A16 Pedestrians; H2 Housing Commitment Sites; H3 Housing; H4 Affordable Housing; H5 Housing Density.

PCPN1 Health, Well-Being and Quality of Life; PCPN2 Space Around Dwellings; PCPN8 Children's Play within New Residential Developments; PCPN10 Planning Out Crime; PCPN21 Highway Considerations; PCPN22 Public Art; PCPN27 Housing Development; PCPN30 Provision for Education.

SPD Sustainable Design and Construction Interim Affordable Housing Guidance Note

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved

52 unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

* impact on urban regeneration * impact on the character and appearance of the area * impact on the highway * impact on existing infrastructure

The application site is a previously developed site within the urban area that already has the benefit of planning permission for a residential estate. The principle of residential development on the site has therefore already been established and it is considered that the proposal complies with UDP Policy H3.

The applicant has amended their plans for the site in response to the change in the housing market and the change in demand for houses in Bolton. It is therefore hoped that the proposed amendments to the types and sizes of the dwellings will make the development more viable and therefore help regenerate this part of Horwich.

Impact on the Character and Appearance of the Area PPS3 Housing reflects policy in PPS1 and states good design should contribute positively to making places better for people. Design which is appropriate in its context, or which fails to take opportunities available for improving the character and quality of an area and the way it functions, should not be accepted.

Policy D2 of the UDP states that the Council will permit development proposals that contribute to good urban design and that are compatible with, or improve, their surroundings.

The Applicant has previously obtained planning permission for the "Meadows" development to the south-west of the application site, which consists of a considerable number of large detached residential properties. As part of the previous approvals for the application site the Applicant has already constructed 26 dwellings (terraced houses and apartments) along the frontage with Chorley New Road and along Panton Street. These houses are two storeys in height, with the apartment building on the corner of Chorley New Road with the new access into the site being three storeys.

117 dwellings are now proposed on the remaining part of the development site. This part of the site currently has planning permission for 127 dwellings and therefore there will be a net loss of 10 units on the site. Of the 117 dwellings proposed, 24 will be detached, 20 will be semi-detached, 72 will be mews houses (terrace of four) and one will be a one bed apartment unit. A large proportion of the 127 dwellings previously approved on the site

53 consisted of three storey town houses and two bed apartments.

The net housing density for the proposed residential development is now 46 dwellings per hectare rather than the previously approved 50.8 dwellings per hectare. This lower density is still compliant with Policy H5 of the UDP which requires a minimum net density of 30 dwellings per hectare.

All of the 117 proposed dwellings will be two storey in height and will either replicate or reflect the designs of the dwellings already approved along Chorley New Road/Panton Street and at the neighbouring Meadows development. It is therefore considered that the external design of the dwellings are compatible with the surrounding area.

The layout of roads 1, 2 and 3 (the roads for the eastern part of the site) are the same as approved under the previous planning applications for the site. The dwellings proposed in this portion of the site therefore reflect this road layout, with the majority of the houses facing the internal roads. Where this does not occur the houses instead face onto a communal parking court. The internal road for the western part has been amended from an adopted road with a turning head (resulting in a cul-de-sac) to a central private road with three side roads to the north. Following concerns from officers regarding the appearance of the street scene down the length of road 5, the Applicant has amended their plans so that the road now undulates and provides curved pavements and more opportunity for landscaping, rather than a long straight road. The road will also be constructed from concrete sett paving, which will give it an appearance of a private, shared area rather than a main road surrounded by housing.

All dwellings, apart from the apartment unit, will have their own private amenity space. Interface distances between the dwellings comply with the Council's guidance within PCPN2 "Space Around Dwellings" and the front elevations of the existing houses at 22 to 28 Panton Street will be 14.5 metres away from the side elevation of plot 301, 1 metres over the minimum requirement of 13.5 metres.

For the reasons discussed above it is considered that the proposal complies with PPS3, Policies H3 and H5 of the UDP and PCPN2.

Impact on the Highway Policy A5 of the UDP states that, in assessing development proposals, the Council will permit those that have taken into account provision for pedestrians and cyclists, road design, layout and construction, vehicle servicing and access arrangements, parking, and access to and by public transport. The policy goes on to state that development proposals should not adversely affect the safety of highway users, including pedestrians, as well as the safe and efficient circulation of vehicles. UDP Policy A6 states that the Council will require new development to provide car parking based on the Council's maximum car parking standards.

As with the previous planning approvals for the residential development of the site, the Applicant proposes collapsible bollards at the entrance of the estate with Chorley New Road and the entrance with Panton Street. Only the houses and apartments already built along Chorley New Road and Panton Street and proposed plots 423 to 430 will be accessed off Chorley New Road; all the other dwellings will have vehicular access from Mansell Way to the south of the development. These bollards are proposed to stop traffic entering and leaving the estate and using the access road as a short cut between Chorley New Road and Middlebrook. The bollards will however allow vehicles with the appropriate controls, such as emergency vehicles, to enter the estate from Chorley New Road and Panton Street.

54 Pedestrians and cyclists will also be able to enter the development from north using either the footways or the road around the bollards.

A number of road humps are also proposed on the internal roads that will help control the speed of vehicular movements within the estate.

The Council's Highways Engineers have raised concerns regarding the access arrangements for refuse collection vehicles along roads 4, 5, 6 and 7. Engineers feel that the side roads 4, 6 and 7 are too long for safe reversing either in or out. The Applicant has however argued that there are many similar situations in the Borough and that Manual for Streets states that longer distances for reversing can be considered should the route be straight and free from obstacles or visual obstructions; this is the case with roads 4, 6 and 7. The Applicant has also submitted an auto track plan that shows it is possible for bin wagons to reverse in and out of the streets.

All proposed dwellings have either been allocated two spaces with a communal car parking court or will have a garage with a driveway. This proposed provision exceeds the maximum car parking requirements for housing developments, however it is considered acceptable in this instance given the Highway Engineers concerns that residents may seek to park on the road in front of their dwellings rather than in a parking court or in their garage. A sufficient number of parking spaces will therefore encourage residents not to park on the highway (though it should also be remembered that the development has been designed so that there is not a through road from Chorley New Road to Middlebrook).

Engineers have also noted that as the proposed footways along road 5 only measure 1 metre in width, cars parking at the spaces adjacent to these may overhang at the front and therefore reduce the footways' width. The Applicant has however confirmed that if this is deemed to be a problem when the properties are occupied they will install a knee rail or bollards.

It is considered that the proposal will not jeopardise highway safety and therefore would comply with Policies A5 and A6 of the UDP.

Impact on Existing Infrastructure Policies D5, H3 and H4 of the UDP, PCPNs 1, 8, 22 and 30, and the Council's Interim Policy Guidance on Affordable Housing all seek to ensure that existing and proposed infrastructure has the capacity to absorb proposed developments. This includes requirements for off site contributions towards children's play space, education and health provisions, affordable housing and public art.

Affordable housing: Within the previous approvals for the residential development of the application site the Applicant was required to provide 19 affordable units on site. These affordable units have already been constructed along Chorley New Road. It is therefore considered unreasonable to require any further affordable units given the Applicant is now proposing less units.

Children's play space provision: A figure for a commuted sum has not yet been provided by colleagues in Greenspace Management. This figure shall be reported directly to Members at the meeting.

Health provision: Using the formula in PCPN1 £26,208 towards health care provision in the Borough is required as a result of the development.

55 Education provision: A commuted sum of £364,539.28 is required towards secondary school places in the Borough as a result of the development.

Public Art: On-site public art has already been agreed with the Council on the Chorley New Road frontage of the development through previous planning approvals.

At the time of writing this report the Applicant was currently in negotiations with Officers about level of Section 106 contributions and how these could be delivered. Further comment on these negotiations will be reported directly to Members via the Schedule of Supplementary Information.

Conclusion For the reasons discussed above it is considered that the proposed amendments to the numbers, layout and design of the residential development at the former Victoria Mills is acceptable and complies with all relevant policies. Members are therefore recommended to delegate the decision to the Director to secure the required Section 106 Agreement.

56 Representation and Consultation Annex

Representations Letters:- None received (apart from a letter commenting on viewing the plans).

Horwich Town Council:- raised no objection at their meeting on 18th February 2010.

Consultations Advice was sought from the following consultees; Highways Engineers, Pollution Control Officers, Greenspace Management Officers, Housing Strategy Officers, Education Officers, Environment Agency, Greater Manchester Archaeological Unit, United Utilities and Bolton Primary Care Trust.

Planning History Outline planning permission was granted in June 2006 for the erection of 149 dwellings (siting and means of access details only) (72253/05).

A reserved matters application for details of the design and external appearance for the erection of 149 dwellings was approved in November 2006 (74971/06).

A reserved matters application for the details of the landscaping for the erection of 149 dwellings was approved in March 2007 (76525/07).

An application for 6 substitute house types together with the erection of an additional dwelling was approved in May 2008 (79867/08).

An application for the erection of 15 dwellings (substitution of house types on plots 319-322A, 352-354, 360-363 and 380-383) together with three additional dwellings was approved March 2009 (81385/08).

57 Recommendation: Delegate the decision to the Director

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No development shall be commenced until full details of the type and colour of facing materials to be used for the external walls have been submitted to and approved in writing by the Local Planning Authority.

Reason

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

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

Reason

In the interests of highway safety.

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

Reason

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

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

Reason

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

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

Reason

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

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

Reason

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

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

To ensure that the development is safe for use.

9. The garage(s) hereby approved/permitted shall be made available at all times for the parking of a motor vehicle.

Reason

59 The loss of garage spaces would be likely to lead to an increase in on-street parking to the general detriment of highway safety.

10. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.

Reason

The private garden space of the dwellings is limited and any extension would result in an unsatisfactory scheme in terms of open space and privacy requirements.

11. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no dormers shall be constructed or other alterations to the roof carried out on the approved dwelling(s) other than those expressly authorised by this permission.

Reason

To safeguard the architectural character and appearance of the dwelling.

Notes:

Unitary Development Plan

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

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

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

EM5 as the development is for the reclamation and beneficial use of derelict land without unacceptable impacts;

EM6 as sustainable energy consumption is proposed;

EM11 as the development would not result in an unacceptable increased risk of flooding;

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

D3 as there is scope for sufficient landscaping to be secured via a condition;

D5 as works of public art are to be incorporated in the wider development;

O4 as there is scope for the provision of landscaping in the housing development area;

A5 as the development proposal takes into account provision for roads, paths, servicing and parking;

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

A9 as the development site will be accessible for people with disabilities;

A10 as the associated highway proposals do not result in the needs of cyclists, pedestrians and public transport users being subordinate to those of the private motorist;

A16 as the development proposals improve the environment for pedestrians;

H2 as the development will contribute towards meeting a completion rate of 470 dwellings per year in the period April 2002 to March 2011 on land within the urban area which is suitable as it involves the re-use of previously developed land for regeneration and does not require the use of greenfield land for development;

H4 as the housing development would include dwellings as affordable provision within the total supply which is a requirement of suitable sites of 15 dwellings or more, or 1 hectare or more in size;

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

Regional Spatial Strategy

DP1, 2, 4, 5, 7 & 9 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

L4 as the development will increase housing supply;

L5 as affordable dwellings are to be provided;

RT2 as the existing highway network will be maintained;

RT9 as the proposal incorporates pedestrian and cycle facilities;

EM2 as all land contamination will be remediated;

EM16 as the Applicant has confirmed a commitment to maximising energy conservation and efficiency at the detailed stage.

61 62 63 64 65 66 67 68 69 70 Date of Meeting: 04 March 2010 Item Number: 6

Application Reference: 83534/10

Type of Application: Full Planning Application Registration Date: 12/01/2010 Decision Due By: 09/03/2010 Responsible Andrew Lancashire Officer:

Location: LEVER PARK SCHOOL, STOCKS PARK DRIVE, HORWICH, BOLTON, BL6 6DE

Proposal: ERECTION OF THREE POLY TUNNELS, TWO STORAGE CABINETS, 2.4 M WELD MESH FENCING TO CREATE ALLOTMENT AREA AND THE ERECTION OF THREE LIGHTING COLUMNS TO HARD SURFACED PLAY AREA

Ward: Horwich North East

Applicant: Mr C Roscoe Agent : Mr A Whittam

Officer's Report

Proposal The application is proposing several new additions to the school grounds to facilitate the running of an allotment. An area of land to the north of the school is to be fenced off using 2.4 metre high weld mesh (paladin) fencing and a poly tunnel and a portable building are to be sited within this area. An existing allotment area to the south side of the school exists where there is an existing poly tunnel and several shed structures. Two more poly tunnels and a new storage container are proposed in this area.

The poly tunnels measure 16.5m x 3.6 m x 2.4m whilst the storage cabin is 6.4m x 3m x 2.4m and portacabin is 9.2m x 3m x 2.4m. The proposals are to facilitate a community allotment program aimed at helping the children to learn about gardening and living sustainably.

The application also includes proposals to erect three lighting columns for the hard standing playground at the east (rear) of the school.

Site Characteristics The site is surrounded on three sides by residential properties. To the east is a golf course.

The existing allotment areas are located adjacent to the public footpath which separates the rears of the properties on Bond Close with the perimeter boundary of the school.

The new allotment area to the north of the school is located on the large playing field. This area of the school grounds is open and more exposed.

71 Policy UDP: D1, D2 Design; A5 Roads Network; EM2 & EM3 Incompatible Uses. CP3 Educational Facilities

PCPN10 – Planning Out Crime; PCPN21 – Highways Considerations; PCPN29 – Guidance Note on Fencing Around Schools.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

* impact on character and appearance of the locality * impact on residential amenity * impact on educational facilities

Impact on the Character and Appearance of the Surrounding Area Policy D2 of the UDP states that proposals should be compatible with, or improve their surroundings; create a safe and secure environment which minimizes the possibility of crime; and be accessible and useable to people of a range of mobility and physical ability.

PCPN29 states that weld mesh fencing is the preferred choice for school boundary treatment, particularly on boundaries facing the fronts of residential properties. This is because weld mesh fencing is aesthetically pleasing, is effective in achieving security and does not convey the appearance of industrial premises. PCPN29 further goes on to state that school fencing should usually be erected at a height of 2.4 metre for effective security measures.

Part 2 'Minor Operations' of the General Permitted Development Order allows fences of 2 metres high to be erected without the need for a Planning Application.

In terms of visual amenity, the 2.4 metre fence would be seen against the backdrop of the school and is not considered to be aesthetically detrimental to the surroundings. In terms of providing security, it is considered that the weld mesh fencing will provide a good barrier against trespassers and will prohibit vandalism to the school building and allotments. This element of the scheme is considered to comply with policy D2 of the UDP.

The land is used for educational purposes and the poly tunnels and associated cabins add positively to the educational facility. In terms of design and appearance it noted that there are existing fences, poly tunnels and cabins already present on the site and as such the character of a community garden is already a present building/structure type. Although

72 cabins and poly tunnels are not the most aesthetically pleasing structures, the proposals are considered to functionally contribute to the school environment. The site is considered to be well secured in that structures are close to the main building. It is recommended that the portacabin and storage building structure are granted a temporary 5 year permission and that the school are encouraged to provide a more permanent solution for the storage of equipment.

Impact on Neighbouring Residential Amenity UDP policies EM1, EM2 and EM3 assert that the Council will not permit development which will result in unacceptable impacts on the amenities enjoyed by neighbouring residents by reasons of noise, smell, safety, health, lighting, disturbance, traffic and other pollution.

Weld mesh fencing is design such that it allows views through whilst maintaining security and minimising the visual impact on the surrounding locality, particularly when viewed from nearby dwellings. Furthermore, the fencing is to be dark green in colour, which means that it will blend into the background when viewed against grassland within the school and it will not be visually intrusive.

The residents of Bond Close will be the closest to proposed poly tunnels and storage cabin. The presence of a public right of way separates the rear of the properties from the school boundary and the poly tunnels are sited far enough away not to cause any visual barrier to residential properties.

The school activities are an accepted use on site and gardening is not considered to be a disruptive use. The hours of operations are limited to the schools opening times and daylight hours. The proposed siting of the cabins and poly tunnels are not considered to detrimentally affect their residential amenity.

The lighting columns are proposed to be 6 metres high with the lighting pointing towards the ground. The nearest residential properties to the lighting columns are well over 80 metres away and the proposed lights are proposed with appropriate fittings to limit the amount of light spill outside the hard surfaced play area. Conditions are recommended to restrict the hours of illumination. It is considered that the lighting columns comply with planning policy.

The proposals are considered to comply with policies EM1, EM2 and EM3.

Impact on Education Facilities Policy CP3 is a permissive policy in that it encourages the improvement of education facilities. The allotments use and associated infrastructure will teach a worth while sustainable activity to the pupils. It is considered that the improved education of environmental and biological sciences will be a valuable contribution to Lever Park School.

Conclusion The application is recommended for approval.

73 Representation and Consultation Annex

Representations Letters:- one letter of objection has been received from a resident of Portland Place on the grounds of the poly tunnels proximity to residential properties.

Horwich Town Council:-No objection 18th February 2010.

Elected Members:-n/a

Consultations Advice was sought from the following consultees; Highway Engineers; Environmental Health; Public Rights of Way Officer; Peak and Northern Footpaths Officer

Planning History A planning application was approved for the erection of 4 columns to support CCTV cameras and Infrared Cameras (53075/00)

A planning application was approved for an extension to the school to form a garage/ workshop for the purposes of education (70122/05)

A planning application was approved for an infill extension to create additional classrooms (76571/07)

A planning application was approved for an extension to the entrance and a canopy of the courtyard (80197/08)

A planning application was approved to erect a fence around school building and play area

80546/08.

74 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The fencing/railings hereby approved/permitted shall be painted/powdercoated in accordance with a colour scheme to be submitted to and approved in writing by the Local Planning Authority. The fencing/railings shall be painted/powdercoated in accordance with the approved details within 14 days of installation and shall be retained so coloured thereafter.

Reason

To safeguard the visual appearance of the area.

3. The storage cabin and portacabin shall be for a temporary period expiring on March 9th 2015 when the use of the land and building(s) hereby approved shall be discontinued and the building(s) removed and the land reinstated in accordance with a scheme to be approved by the Local Planning Authority before the expiry date.

Reason

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

4. The lights to the hard play area shall not be illuminated in the hours between 20:00 in the evening until 7:00 in the morning.

Reason:

In the interest of residential amenity

Notes:

Unitary Development Plan

EM1 as the development proposals would make Bolton a cleaner, safer place;

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

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

D1 and D2 as the application displays good urban design which would preserve local distinctiveness; A5 as the development proposals take into account provision for roads, paths, servicing and parking;

Regional Spatial Strategy

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

77 78 79 80 81 82 Date of Meeting: 04 March 2010 Item Number: 7

Application Reference: 83365/09

Type of Application: Full Planning Application Registration Date: 15/12/2009 Decision Due By: 16/03/2010 Responsible Alex Allen Officer:

Location: LAND AT RADCLIFFE ROAD, BOLTON

Proposal: ERECTION OF 42 DWELLINGS WITH ASSOCIATED PARKING

Ward: Little Lever and Darcy Lever

Applicant: Great Places Housing Group Agent : OMI Architects

Officer's Report

Proposal The applicant seeks the erection of 42 dwellings on land adjacent to Radcliffe Road as part of the Council's Transforming Estates programme. There would be a number of dwelling types provided within the scheme including the following:

28 (no.) 3 bed 2 storey dwelling houses; 7 (no.) 2 bed 2 storey dwelling houses; 5 (no.) 4 bed 3 storey dwelling houses; 1 (no.) 4 bed bungalow(autism unit); and 1 (no.) 3 bed wheelchair adapted dwelling house.

All properties would have at least 2 car parking spaces per dwellings.

Vehicular access to the site would be from Radcliffe Road in the centre of the site. Provision is made for the strategic off road cycle route through the site linking in with the off road cycle way to the former Darcy Lever Railway Cutting site in the north western corner of the site.

An area of amenity space is located to the south of the bungalow as well as a landscaped strip in the north eastern part of the site in addition to the formation of a footpath along the southern edge of the site which abuts Radcliffe Road. This will allow for the possible widening of Radcliffe Road should this be considered to be appropriate in the future. Whilst the overall site is just over 1 hectare the actual area on which residential development would be provided is under 1 hectare.

Site Characteristics The application site has a number of distinct parts:

· The site of the former railway cutting which was infilled with inert fill in the 1990's;

83 · Two areas fronting Radcliffe Road which are currently used for equestrian use. The site in the western edge of the site has a stable block sited within its curtilage whilst the eastern part of the site is an open field.

Whilst there are stables on part of the site, the whole site would be classified as green field. The site is located on the edge of the urban area within the Darcy Lever area of Bolton. Whilst the site is located on the edge of the urban area there are two storey residential properties located to the north on Hollycroft Avenue and a large suburban housing estate located on the opposite side of Radcliffe Road (the Shepherd Homes development). Properties on Redwood Close and Hollycroft Avenue are the closest residential properties to the site. The main windows of properties on Hollycroft Avenue directly overlook the site whilst properties on Redwood Close (No's 1 and 2) have gable walls facing the proposed development site, (one being blank and one with a landing window).

Directly to the west of the site is a footpath which links Radcliffe Road with Hollycroft Avenue. On the western edge of the footpath is an autism unit which is single storey whilst further to the west is Grosvenor House which is a 3 storey block of apartments which was constructed a few years ago. To the north west of the site lies the site of the former Darcy Lever railway cutting which has permission for a mix of 2 and 3 storey properties. All the pre commencement conditions of this permission have been fulfilled and development has commenced on site. However, the current owner of the site, Blackthorn Homes, are currently in receivership.

40 metres to the north east of the site lies Darcy Lever Marshes, a Grade B Site of Biological Importance, which includes water bodies, the nearest being approximately 102 metres to the north east of the application site.

Policy PPS1 Delivering Sustainable Development, PPS3 Housing, PPS9 Biodiversity and Geological Conservation, PPG13 Transport, PPS22 Renewable Energy, PPS23 Planning and Pollution Control and PPS25 Development and Flood Risk.

RSS Policies: DP1 Spatial Principles; DP2 Promote Sustainable Communities; DP4 Make the Best Use of Existing Resources and Infrastructure; DP5 Manage Travel Demand; DP9 Reduce Emissions and Adapt to Climate Change; EM1 Enhancement/Protection of the Region's Environmental Assets, EM16 Energy Conservation and Efficiency, EM17 Renewable Energy, L2 Understanding Housing Markets; L4 Regional Housing Provision; L5 Affordable Housing; RT2 Managing Travel Demand and EM2 Remediating Contaminated Land.

UDP Policies: N1 Nature Conservation, N3 Local Nature Reserves/Sites of Biological Interest, N5 Landscape Features, N6 Biodiversity/Nature Conservation, N7 Trees, Woodland and Hedgerows, N9 Species Protection, EM3 Pollution, EM4 Contaminated Land; EM6 Energy Conservation and Efficiency; EM10 Surface Water Run Off, D1/D2 Design; D3 Landscaping; D7 Conservation Areas; A5 Road Network; A6 Car Parking; H3 Housing Applications; H4 Affordable Housing; H5 Housing Density; TC2 Town Centre Living.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN21 Highway Considerations; PCPN27 Housing Development.

SPD Sustainable Design and Construction Interim Affordable Housing Guidance Note

84 Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

* principle of residential development * impact on the character and appearance of the area; * impact on highway safety; * impact on biodiversity/ecology * impact on the adjacent Bolton County AFC facilities; * impact on the living conditions of existing/future residents; * impact on existing gas distribution infrastructure * impact on surface water drainage; and * other issues raised by the objectors.

Principle of Residential Development National policy on residential development is contained in PPS3 Housing. In support of the Government's objective of creating mixed and sustainable communities, PPS3 seeks to ensure housing is developed in suitable locations which offer a range of community facilities and with good access to jobs, key services and infrastructure. This should be achieved by making effective use of land.

A sequential approach to development is set out within Policy DP4 of the RSS for the North West. The first priority for development is given to the use of existing buildings within settlements and previously developed land within settlements. The second priority sites are other suitable infill opportunities within settlements. The third and last priority is the development of other land where it is well located in relation to housing, jobs, other services and infrastructure.

Despite the application site not being a priority site for development, and therefore contrary to UDP Policy H3 criteria iv, there are other material considerations associated with the proposed development and the nature of the application site that are considered to outweigh the strict interpretation to policy.

The 42 proposed houses will provide much needed affordable housing in an area where there is an identified shortage. The provision of an additional supported autism unit would also meet the special housing needs of young people with autism and is fully endorsed by the Council's Supported Care Manager.

Furthermore, the Council is far exceeding its indicative target proportion of housing provision on previously developed land as set within RSS Policy L4 (95% completions on

85 previously development land as compared to the required target of at least 80%). The approval of this much needed development will therefore not impact upon the Council's brown field target.

For the reasons discussed above it is considered that the benefits that will be accrued from the development sufficiently outweigh any harm to policy. It is therefore considered that the principle of residential development on this site is acceptable.

Impact on the Character and Appearance of the Area RSS policies DP1, DP2 and DP7 and UDP policies D1 and D2 states that the Council will permit development proposals that contribute to good urban design and that will be compatible with, or improve, their surroundings.

The wider area is characterised by a mix of dwelling types. The relatively new suburban residential estate located on the opposite side of Radcliffe Road is dominated by predominantly two storey dwellings built by a volume house builder. Whilst on the northern side of Radcliffe Road there is a more denser form of residential development e.g 3 storey Grosvenor House and the Blackthorn Homes development to the north west which had a block of 3 storey apartments facing the application site.

The layout of the application site is to some extent prescribed by the location of a high pressure gas main which runs through the centre of the site before existing the site in its south western corner. The proposal is considered to be of good urban design with all properties adjacent to Radcliffe Road addressing the road frontage. Furthermore, the applicant has provided for a distinctive layout by providing small elements of three storey development at prominent corners of the development site. This provides visual interest and focal points for the overall development. The proposed weather board cladding would break up the three storey elements to ensure these parts of the scheme do not dominate views through the site.

A large number of objectors are concerned about the design, massing and scale of the development being out of keeping with the wider 'rural area'. Whilst the site is currently greenfield, the wider area to the south (properties on Redwood Close) is considered to be the edge of the urban area. Therefore, it is considered that the site would provide the boundary to the northern part of the site which limits the extent of the urban area. The north eastern corner of the site is dominated by a landscaped buffer and car parking area which would provide a natural progression to the green belt area located to the east of the site. Furthermore the dwellings which front Radcliffe Road have also been shifted to the north to provide a landscaped buffer strip along the southern edge of the site.

The area surrounding the application site consists of two and three storey dwellings. Out of a total number of 42 proposed dwellings there are only 5 (no.) 3 storey properties which are located at key focal points within the site. The development has two storey dwellings which abut the eastern boundary with the nearest 3 storey property, located at Plot No. 33 set back 58 metres from the eastern edge of the site.

It is considered that the development provides a high level of urban design which complements the existing built development within the area.

86 Impact on Highway Safety Policy A5 of the UDP states that development proposals should not adversely affect the safety of highway users, including pedestrians, as well as the safe and efficient circulation of vehicles. UDP Policy A6 and Appendix 7 sets out the Council's maximum car parking standards, which reflects Government and regional planning guidance.

The development makes provision for 154% car parking provision, a cycle route running through the site, a landscaped buffer along the southern part of the site to allow for road widening of Radcliffe Road in the medium to long term and the provision of a footpath which runs the length of the site fronting Radcliffe Road.

The proposal would provide for a safe entrance and egress point along Radcliffe Road, provide in excess of the Council's maximum car parking standards per dwelling house, make provision for a off road cycle path which would form part of the strategic cycle way network and allow for the widening of Radcliffe Road as part of a comprehensive scheme to widen the road if deemed appropriate in the future.

The applicant would also make provision for a traffic regulation order (double yellow lines) on both sides of Radcliffe Road to ensure this stretch of Radcliffe Road is kept free from traffic.

The Council's Highways Engineers have raised no objections to the proposed development and it is considered that the proposal would not be detrimental to highway safety.

Impact on Biodiversity/Ecology Guidance contained within PPS9 and UDP policies N1, N3, N5, N6 and N9 seek to ensure that new development proposals do not adversely affect the natural environment and biodiversity which also relates to the protection of protected or other rare species or its habitat and mitigation/compensatory proposals where necessary to offset any loss of habitat.

The proposal is within 40 metres of the Darcy Lever Marshes Site of Biological Interest (SBI) and is also within 100 metres of the ponds which are located within the SBI. The north western part of the site (former Railway Cutting) is deemed to be of higher quality terrestrial habitat for Great Crested Newts.

The applicant has provided an Ecological Survey and Assessment dated November 2009. Whilst the original submission was based on a Great Crested Newt(GCN) survey in 2003, subsequently additional survey work was undertaken in 2009. This found the GCN population located within the Darcy Lever Marshes was in severe decline with only 2 adults found. In addition, it was commented that the land which previously formed the railway cutting, now filled, was the only potential location within the application site which had the potential for hibernating GCN's.

The applicant has sought to provide the following measures to mitigate the potential impact on GCN's including:

· Erect newt exclusion fencing along the northern section of that part of the site currently used for grazing of horses and along the eastern boundary of the site; · Hand searches of the grazed site for GCN's; · Trapping of newts within the former railway cutting part of the site; · Habitat creation adjacent to the Darcy Lever Marshes to offset the loss of potential

87 terrestrial habitat which would be lost as part of the proposed development; · If any GCN's are found, translocate GCN's to the land surrounding the Darcy Lever Marshes.

The Greater Manchester Ecology Unit have raised no objections to the proposal on the basis that it would not result in harm to a protected species nor would it be detrimental to the favourable conservation status of the GCN at the breeding site at Darcy Lever Marsh SBI. The GMEU have recommended two conditions including a hedgerow planting specification, newt permeable boundary fencing and implementation of the mitigation scheme.

It is considered that the proposal complies with this aspect of the UDP/national guidance.

Impact on the adjacent Bolton County AFC facilities The adjacent Bolton County AFC have objected to the proposals on a number of grounds including:

· Drainage from the football club site including the presence of a soakway - existing drainage which runs through the proposed development site will be maintained; · Water pressure - not a material planning consideration; · Requirement of protective fencing around the proposed development site - the applicant has agreed to provide protective netting along the boundary of the site with Plot 29. It is considered protective fencing is not required along the whole of the site which abuts the football pitch. This would need to be secured through a separate planning permission; · Requirement for access into the development site to retrieve balls - an additional gated access has been provided in the eastern end of the site to allow for football club users; and · Protection from claims against the Football Club against damage to properties from balls - not a material planning consideration.

Impact on the Living Conditions of Existing/Future Residents Guidance contained within PCPN NO. 2 seeks to ensure that new development proposals do not have a detrimental impact on the living conditions of adjoining existing/future residents to ensure a reasonable degree of privacy and be 'neighbourly' with new developments not being overly dominant/overbearing impact.

This PCPN sets out interface distances within Paragraph 9 which states for 2 storey houses an interface distance of 21 metres would be required (main window to main window) whilst from a main window to a blank gable this distance would be reduced to 13.5 metres.

The nearest properties located to the application site are No's 46 to 68 Hollycroft Avenue and No's 1 and 2 Redwood Close. Properties on Hollycroft Avenue would overlook the 2 storey gable elevations of Plots No. 6, 7 and 25. No 46/48, 54/56 and No. 68 Hollycroft Avenue would be located between 14 metres and 21.4 metres from these gable elevations. This is in excess of the Council's interface distances.

Plot 33 would potentially overlook No. 2 Redwood Close whilst Plots 37, 38 and 39 would potentially overlook No. 1 Redwood Close. No. 1 and No. 2 Redwood Close have no main windows in their gable elevations and would be between 15 metres and 18.63 metres away from the front elevations of the new properties. Again this is in excess of the Council's interface distances by between 1.5 metres and 5.1 metres.

88 Furthermore, it is considered that the proposed new build properties would not have any detrimental impact on the quantity or quality of sunlight which properties on Hollycroft Avenue would receive due to the distance between the existing and proposed properties. Whilst Blackthorn Homes have gone into receivership, the proposed 3 storey apartment blocks which could potentially be built on the adjacent site would also comply with the Council's interface distances (by 2.96 metres).

Therefore, the proposal would not have a detrimental impact on the living conditions of existing or future residents in and around the proposed development site.

Impact on existing gas distribution infrastructure There is one gas main which runs through the site. The relevant easement is provided from the proposed new dwellings and the high pressure gas main which runs through the site. There is also a medium pressure gas main which runs through the gardens of properties on Hollycroft Avenue. This also complies with the easements required.

Both National Grid and United Utilities have no objections to the proposed development.

Impact on surface water drainage/flooding UDP policy EM10 and EM11 seek to ensure that development proposals are designed to minimise surface water run-off and to protect land against flooding. In addition, the Sustainable Design and Construction Supplementary Planning Document seeks to ensure that for greenfield sites there is no additional surface water run off from the site than prior to development commencing.

The applicant has confirmed that they will be providing a sustainable drainage scheme which meets with the requirements of United Utilities. In addition, United Utilities have agreed in principle discharge rates from the site and have no objections to the proposal. The Sustainable Drainage system will be agreed by condition.

Other issues raised by local residents There are a number of additional issues raised:

· Loss of amenity i.e. loss of equestrian use of land - the existing user of the land is being relocated in consultation with Corporate Property Services. There are a number of other equestrian uses in between the application site and where the built development of Little Lever begins. It is considered that the loss of a small scale equestrian use will not have a detrimental impact on adjacent residents; · Dirt and noise from construction traffic - a condition will be placed on any permission requiring the submission of wheel wash facilities on the site. Issues of construction noise would be a Pollution Control matter and be the subject of Environmental Protection legislation; · The site is in the Green Belt - it is confirmed that the site is not in the green belt, is unallocated within Bolton's UDP and is located within the urban area of Bolton; · Few facilities in the area - there are a number of small shops in the local area - the area is not devoid of local facilities; · Number of affordable homes located in the area - not a material planning consideration; · Contamination in the land - the application will need to remediate the land in accordance with a detailed plan which would be required by condition.

89 Value Added to the Development As part of the Council's Transforming Estates programme the proposed affordable houses will contribute towards the additional 435 affordable houses that are required per year as identified in the 2006 Housing Markets and Needs Survey. The provision of affordable housing in the Borough, offering choice whilst meeting the needs and demands of the future, is also recognised within the Council's 2007-10 Housing Strategy Priority.

The need for larger family housing, as proposed within this application, was identified in the 2008 Strategic Housing Market Assessment.

The proposed location of the cycle path link has been amended in the light of comments from the Architectural Liaison Officer from Greater Manchester Police. The cycle path link now benefits from more natural surveillance from Plot No. 7 and 8 which would overlook the link.

Conclusion Whilst the proposal would result in the development of an unallocated greenfield site, it is considered that there are other material considerations which would outweigh it's loss. The proposal would result in the provision of 42 affordable units which would go some way to meeting the overriding strategic need for affordable housing provision in Bolton. The loss of some potential Great Crested Newt habitat can be successfully mitigated with the enhancement of habitat which exists within the adjacent Site of Biological Interest. The proposal would result in a high quality residential environment which reflects the scale of developments located elsewhere and which respects the setting of the area.

The proposal is recommended for approval subject to conditions.

90 Representation and Consultation Annex

Representations Letters:- 24 (no.) objection letters have been received including multiple letters from the Darcy Lever Residents Association, Darcy Lever Gravel Pits Action Group and No. 16 Redwood Close. The objection letters raise the following issues:

· Impact on surface water drainage from the site and the adjacent Bolton County AFC football pitches; · Impact of the development on existing surface water drainage from the football pitches; · Negative impact on biodiversity and flora and fauna/wildlife; · Proximity to Darcy Lever Marshes; · There are two gas mains running through the site and concerns over the impact the development would have on these; · Water pressure - loss of pressure to the existing football club as a result of the proposed development; · Development would be out of character with the rural character of Radcliffe Road by the use of materials (weatherboarding and lime green infill panel) and the 3 storey scale of the dwellings; · Design, height, massing, scale and siting are detrimental to the rural character of the area; · Result in overlooking, loss of privacy, overbearing nature of the proposed development due to difference in levels and scale of development; · Concerns over highway safety - narrowness of Radcliffe Road, parking on the Radcliffe Road frontage, increased traffic on a busy road, site access is very close to a traffic light junction;no footpath on Radcliffe Road · Use of greenfield site/availability of other previously developed sites; · Loss of an amenity for the area - loss of equestrian use; · Dirt, noise and construction traffic; · The site is within the green belt; · Few facilities for residents; · Site is located on Darcy Lever Marshes Site of Biological Importance and within 250 - 500 metres of ponds. The proposal would have a detrimental impact on Great Crested Newts; · Concerns over where additional children will go to school; · Flooding of Radcliffe Road from the existing site; · Already a large number of properties in the local area are affordable. No requirement for further affordable housing; · Loss of view (not a material planning consideration); · Impact on the Great Crested Newt needs to be reassessed due to use of out of date information (dating back to 2003); · Contamination in the land - arsenic; · Ball stop fence needs to be located around the north eastern part of the site to protect properties from footballs from the adjacent site; · Access is required to the site to retrieve balls; · Protection from claims against the Football Club against damage to properties from balls; · Properties on Hollycroft Avenue may experience loss of light due to the proximity of the proposed dwellings.

91 Petitions:- one petition has been received with a total of 342 (no.) signatures raising concerns over the impact on the rural character of the area, threat to the ecology of the area, loss of facilities including threatening the use of the adjacent football pitches and an increased use of Radcliffe Road by pedestrians and road users. The majority of the signatures are from residents living within the local area with 96 of the 342 signatures derived from members of Bolton County AFC.

Elected Members:- Councillor M. Woodward and Councillor S. Hornby have requested that the proposal be the subject of an advanced site visit and Committee determination.

Consultations Advice was sought from the following consultees; the Council's Highways Engineers, Sustainable Development team, Trees and Woodland Officer, Landscape Architects, Strategic Housing Unit, Pollution Control,Corporate Property Services, Wildlife Liaison Officer, Spatial Planning Team, Greater Manchester Ecology Unit, Primary Health Care Trust, Greater Manchester Police - Architectural Liaison Officers, Transco, United Utilities and National Grid.

Planning History There have been a number of planning applications relating to the application site. These are as follows:

41015/92 and 40197/91 - infill of part of disused railway line with inert/non putresible construction waste - approved in February 1992 and March 1993. 43344/93 Continued tipping operations to reclaim land was approved in July 1993. 66764/04 - Change of use of land from agriculture to equestrian use (including riding and exercising of horses).

There are a number of other relevant planning permissions for adjacent sites including:

Site of Grosvenor House/autism bungalow, Radcliffe Road - Ref: 69278/04 permission was granted in January 2005 for the erection of a 3 storey block of 24 (no.) apartments. Planning permission was also granted in June 2004 for the erection of a single storey care home/autism unit. Former Darcy Lever Railway Cutting (site directly to the west) - planning permission was granted on appeal for the erection of 50 (no) two and three storey dwellings (Ref: 66631/04). Site of Bolton County AFC:- planning permission was granted in August 1997 for the relocation of the private football club grounds and change of use to touring caravans on the vacated football ground (Ref: 44160/93).

92 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Reason

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

Reason

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

Reason

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

Reason

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

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

Reason

In the interests of highway safety.

93 7. No development shall be commenced unless and until full details of the highway works at Radcliffe Road comprising of gateway features have been submitted to and approved by the Local Planning Authority, and none of the development shall be brought into use until such details as approved are implemented in full. Such works to be retained thereafter.

Reason

In the interests of highway safety.

8. Prior to the occupation of the dwelling house(s) hereby permitted provision shall be made for the parking or garaging of (a) motor vehicle(s) adjacent to (the (each of the) dwelling house(s)) in the area identified for that purpose on the approved plan. The (those) area(s) shall thereafter be retained at all times for that purpose. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) other that (a) garage(s), no extensions, porches, outbuildings, sheds, greenhouses, oil tanks or satellite antennae shall be erected within that area.

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

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

94 maintenance objectives have been met. Reason

To ensure that the development is safe for use.

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

Reason

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

11. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.

Reason

The private garden space of the dwellings is limited and any extension would result in an unsatisfactory scheme in terms of open space and privacy requirements.

[*delete one or the other*]

The site lies within the Green Belt as defined within the Council's Unitary Development Plan, and further extensions could prejudice the aims and purposes of the Green Belt.

12. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no dormers shall be constructed or other alterations to the roof carried out on the approved dwelling(s) other than those expressly authorised by this permission.

Reason

To safeguard the architectural character and appearance of the dwelling.

13. Before development commences, details for the provision of wheel cleaning facilities shall be submitted to and agreed in writing with the Local Planning Authority. Such facilities shall be made available, employed and maintained at all times during the development to prevent the deposit of any detritus on the public highway. Any detritus deposited on the highway shall be removed immediately and in any event at the end of each working day.

Reason

In the interests of the character of the area and highway safety.

14. Prior to commencement of development the Great Crested Newt Mitigation measures as outlined within the approved Reasonable Avoidance Measures (RAMs) Method Statement for the protection of Great Crested Newts dated February 2010 (Ref: 2009/208c) shall be implemented in full and retained thereafter in accordance with the approved details.

Reason To ensure the successful translocation and preservation of Great Crested Newts.

15. Prior to commencement of development details of the proposed permeable newt fencing and hedgerow planting specification shall be submitted to and approved in writing by the Local Planning Authority. Such details as are approved shall be implemented in full.

Reason

95 To ensure the successful translocation and preservation of Great Crested Newts.

16. Prior to commencement of development a scheme indicating the provision to be made for a protective ball fencing adjacent to Plot No. 29 shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to first occupation of Plot No's 27 to 29 (inclusive) and retained thereafter.

Reason To protect the living conditions of these plots.

17. Prior to commencement of development until a scheme has been submitted to and approved in writing by the Local Planning Authority which provides for surface water drainage works which seeks to ensure that surface water run off from the site does not exceed existing surface water run off from the site.

Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

1. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

2. include a timetable for its implementation; and

3. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Reason:

To reduce the risk of contaminating surface water run off and reduce the risk of localised flooding and down stream flooding by ensuring the provision of a satisfactory means of surface water dispersion

18. Prior to commencement of development, a scheme which assesses the use of recycled materials within the proposed development shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall seek to achieve that at least 10% of the total value of materials used within the development should derive from recycled content in the product and/or materials used. The agreed scheme shall be implemented in full. A validation report is required prior to the discharge of this condition confirming the actual proportion of recycled materials used within the development is in accordance with the approved scheme.

Reason To improve the sustainability of the site.

19. Prior to the commencement of development, an energy assessment of the approved development and details of the location and type of renewable energy technology shall be submitted to and approved by the Local Planning Authority. The renewable energy technology shall seek to reduce the CO2 emissions of predicted energy use of the development by at least 10%. Such a scheme as is approved shall be installed, retained and maintained in perpetuity thereafter unless agreed by the Local Planning Authority.

Reason To reduce the impact on climate change and to improve the sustainability of the site.

20. The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued

96 for it certifying that Code Level 3 has been achieved.

Reason

To reduce the impact on climate change and to improve the sustainability of the site

Notes:

1. Planning permission has been granted subject to the conditions listed above because the balance of the benefits accrued by the development outweigh all other material considerations, having had regard to the adopted Unitary Development Plan policies and Supplementary Planning Guidance detailed above.

There are no material considerations, as specified in the Planning Officer Report, that outweigh this justification to support the grant of planning permission. A summary of the relevant Development Plan policies pursuant to Article 22 of the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003 and how the proposed development relates to these policies is set out below.

Unitary Development Plan

N1/N3/N5/N6 as the development proposals would not adversely affect the natural environment and biodiversity and provides mitigation for the loss of Great Crested Newt habitat;

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

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

EM1 as the development proposals would make Bolton a cleaner, safer place;

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

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

EM6 as sustainable energy consumption is proposed;

EM10 as the development would not result in an unacceptable increased risk of flooding;

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

D3 as there is scope for sufficient landscaping within the site which will be secured by planning condition;

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

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

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

A10 as the associated highway proposals do not result in the needs of cyclists, pedestrians and public transport users being subordinate to those of the private motorist;

A16 as the development proposals improve the environment for pedestrians;

98 H1 as the development will contribute towards meeting a completion rate of 470 dwellings per year in the period April 2002 to March 2011 on land within the urban area which is suitable as it involves the re-use of previously developed land for regeneration and does not require the use of greenfield land for development;

H4 as the housing development would include dwellings as affordable provision;

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

Regional Spatial Strategy

DP1, DP2 and DP7 as the development would be of suitable design quality and would meet sustainability requirements;

L2 as the development will increase housing supply;

L5 as 42 affordable dwellings are to be provided;

EM1 as the development will provide integrated landscaping and biodiversity adjacent to a Site of Biological Interest;

EM2 as all land contamination will be remediated;

EM3 as the development will integrate green infrastructure adjacent to the River Croal with the development and the wider townscape;

EM4 as the development will be resilient to any flood risk; EM16 as the Applicant has confirmed a commitment to maximising energy conservation and efficiency.

99 100 +109.370M

+107.500M (approx)

FFL +101.050M +100.800M +100.740M +100.458M RADCLIFFE ROAD +99.871M 101

+109.370M

+108.100M (approx)

FFL +101.050M +100.740M +100.800M +100.360M RADCLIFFE ROAD

GREAT PLACES RADCLIFFE ROAD, DARCY LEVER, BOLTON SECTION THROUGH REDWOOD CLOSE

SCALE: 1:200 @ A3 1305 L1611 22.02.10 OMI ARCHITECTS 31, Blackfriars Road, Salford, Manchester M3 7AQ

t 44(0)161 832 3242 f 44(0)161 832 3623 e [email protected] w www.omiarchitects.com

PROJECT BLACKFRIARS ROAD

DRAWING BLOCK 1 GA PODIUM LEVEL PLAN

DATE 17 MAR 05 DRAWN BY NB SCALE 1:100 102

103

104 105 106 Date of Meeting: 04 March 2010 Item Number: 8

Application Reference: 83507/10

Type of Application: Full Planning Application Registration Date: 04/01/2010 Decision Due By: 01/03/2010 Responsible James Berggren Officer:

Location: LAND ADJACENT TO 17 SETTLE STREET, LITTLE LEVER, BOLTON, BL3 1LF

Proposal: ERECTION OF ONE THREE-BEDROOM HOUSE INCLUDING NEW ACCESS AND PROVISION OF TWO PARKING SPACES AT FRONT

Ward: Little Lever and Darcy Lever

Applicant: Mr L Buckley Agent :

Officer's Report

Background This application was deferred at the last meeting to enable Committee to visit the site.

Proposal The application proposes the erection of a three bedroom house, including new access and provision of two parking spaces at the front. The new dwelling would follow the building line of the existing properties in the street scene and would be built on land adjacent to number 17 Settle Street.

Site Characteristics The site is a predominantly residential area, consisting of town houses, flats and semi detached properties. The land to the side of number 17 Settle Street is currently used as a driveway.

Policy PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport

UDP Policies: EM2 Incompatible Uses; EM4 Contaminated Land; D1, D2 Design; D3 Landscaping; A5 Road Network; A6 Standard Car Parking; H3 Housing; H5 Housing Density.

PCPN2 Space Around Dwellings; PCPN10 Planning Out Crime; PCPN21 Highway Considerations; PCPN27 Housing Development.

RSS: DP1 and RT1

107 Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

* impact on urban regeneration * impact on the character and appearance of the area * impact on residential amenity * impact on the highway

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

The application site is located within the urban area and is defined as previously developed land. It is therefore considered that this application would satisfy the criteria within PPS3 as well as policy H3 of the UDP. It is considered entirely sustainable, including its relationship to various forms of transport.

Impact on the Character and Appearance of the Area Policy D2 of the UDP states that the Council will permit development proposals that contribute to good urban design and that are compatible with, or improve, their surroundings in terms of their layout, density, height, massing, architectural style, materials and landscaping.

The proposed dwelling would mirror that of the existing property to which it is to adjoin. The building line would be followed and the general rhythm of the street scene would therefore be replicated. The property would fit in with the character and appearance of the area as the general design of properties in the locality are town houses, similar to the proposal. Properties in the locality do not generally benefit from off-road parking, however the applicant is proposing space to the front of the dwelling for two cars. It is considered that creating a vehicle parking area to the front of the proposed dwelling would not unduly affect the character and appearance of the area.

108 Impact on Residential Amenity The apartment building, which is sheltered accommodation, located adjacent to 17 Settle Street contains a principal window that would face the gable end of the proposed dwelling. The distance maintained would be approximately 12.5 metres and the sites are separated by a road. The interface distance is slightly short of the recommended distance contained in PCPN 2 which is 13.5 metres. This is considered to be acceptable in this instance given that the windows main outlook would be to the front as these windows are secondary windows.

The distance to the nearest property to the rear of the site is approximately 23 metres, which is well in excess of current standards applied by policy. Numbers 40 and 42 Martin Avenue have single storey rear extensions and the interface distance to the new dwelling is approximately 20 metres. As the property follows the existing building line with similar existing interface distances in the locality, the shortfall is not considered sufficient to support a refusal, particularly as the rear boundary with 42 Martin Avenue also contains a large conifers that would screen part of the proposed dwelling, reducing its impact.

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

By siting the proposed dwelling adjacent to 17 Settle Street there would be a loss of space currently used by number 17 for off-road parking. The proposal however states that number 17 would have one off road space to the front and the new dwelling, two spaces to the front, which is considered to be acceptable, especially as the surrounding area is characterised by on street parking. The Highways Engineer has recommended that the proposed dwelling be set back to ensure a 6 metre driveway but that the shorter driveway at 17 is acceptable. It is not considered that this is necessary given that the adjacent properties would not have a 6 metre driveway and the setting back of the proposed house would have unduly affect the appearance of the area, appearing visually out of character with other properties in the row.

Conclusion The proposed dwelling is considered be acceptable as it would be in keeping with existing properties in the locality and would not detrimentally affect the living conditions of the occupiers of nearby dwellings. Members are therefore recommended to approve the application.

109 Representation and Consultation Annex

Representations Letters:- 4 letters of objection have been received from residents of Martin Avenue, Crompton Court and Settle Street. The relevant grounds of objection are;

Out of character with the surrounding area, Loss of privacy and outlook. Parking and traffic congestion.

Consultations Advice was sought from the following consultees; Highways, United Utilities, Public Rights of Way Team and Environmental Health.

Planning History None relevant to this application.

110 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

Reason

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

3. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.

Reason

The private garden space of the dwellings is limited and any extension would result in an unsatisfactory scheme in terms of open space and privacy requirements.

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

Reason

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

5. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no dormers shall be constructed or other alterations to the roof carried out on the approved dwelling(s) other than those expressly authorised by this permission.

Reason

To safeguard the architectural character and appearance of the dwelling.

6. Notwithstanding the provisions of Class A to Schedule 2 Part 2 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no fences, gates, or walls shall be erected within the curtilage of the approved dwelling in front of the forwardmost part of any wall of the dwelling which fronts onto a highway, other than those expressly authorised by this permission.

Reason

The development has been designed on an 'open plan' basis and fences and walls in these positions would spoil the appearance of the site.

111 7. The development hereby approved/permitted shall not be brought into use unless and until not less than 2 car parking spaces have been marked out and provided within the curtilage of the site, in accordance with the approved/submitted details. Such spaces shall be made available for the parking of cars at all times the premises are in use.

Reason

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

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

To ensure that the development is safe for use.

112 Notes:

Unitary Development Plan

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development by reason of pollution; D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

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

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

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

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements; RT1 as the development is well connected to public transport links.

113

114 115 116 Date of Meeting: 04 March 2010 Item Number: 9

Application Reference: 83371/09

Type of Application: Full Planning Application Registration Date: 16/12/2009 Decision Due By: 10/02/2010 Responsible James Berggren Officer:

Location: 877-879 MOSS BANK WAY, BOLTON, BL1 5SN

Proposal: RETENTION OF PREMISES WITHOUT COMPLYING WITH CONDITION 2 (HOURS OF OPERATION OF COOKERY SCHOOL) AND CONDITION 6 (HIGHWAY WORKS) OF APPLICATION NUMBER 82175/09

Ward: Smithills

Applicant: Zest Fine Foods Agent : Neil Pike Architecture Limited

Officer's Report

Proposal The site has been subject to numerous applications for increased business use of the site since being granted approval for use of the premises as a delicatessen. The last application, 82175/09 approved at Committee in November 2009, granted permission for use of the first floor to operate a cookery school, conference and training facility. The use was allowed with restrictions on the hours of operation which limited opening times and days from 09.00 to 22.30 and the cookery school only on the days of Thursday, Friday and Saturdays 09.00 to 22.30.

The above permission also included a condition, at Committees request, requiring a 'turn left arrow' in thermoplastic to be installed at the car park egress. In addition to this the condition required the kerb of the Moss Bank Way central reservation to be extended (as shown on drawing 317047 of application 82175/09).

This application proposes the retention of the premises without complying with condition 2 and condition 6 of application number 82175/09. The conditions are:

· (2) The cookery school, conference facility and training room operations shall only be operated on Thursdays, Fridays and Saturdays between the hours of 09.00 and 22.30.

· (6) Within 28 days of the date of this decision a 'Turn Left' arrow in thermoplastic material to a diameter of 1036.1 millimetres and in accordance with Traffic Signs (Amendment) Regulations & General Directions 2008 shall to be provided at the car park egress in addition the kerb of the Moss Bank Way central reservation shall be extended as shown on the attached drawing no. 317047/01. Such works shall be retained thereafter. Should the required highways works described above not be completed within 28 days of this decision, the use of the building as a conference facility, training

117 room and/or cookery school shall not be continued until the works described above have been completed.

The application is seeking permission for the first floor to be used 7 days a week for the cookery school, conference and training functions between the hours of 09.00 and 23.30.

Site Characteristics To the rear, the premises are accessed via a steep driveway giving access to the basement store. The building is a large detached property that has previously been used as a shop, shop/offices and prior to that was a place of worship. Houses lie to the east which are largely screened by a line of very tall conifer trees.

Policy UDP Policies EM2 Compatible Uses, D2 Design, A5 Road Network; A6 Car Parking Standards

PCPN 27 Highway Considerations

RSS Policies - DP1 and DP3

Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.

It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.

The main impacts of the proposal are:-

* impact on the character and appearance of the area and residential amenity * impact on the highway

Impact on the Character and Appearance of the Area and Residential Amenity UDP policies D1 and D2 seek to ensure that new developments are respectful to the character of the existing building and the surrounding area. UDP policy EM2 states that the Council will not permit development that will result in unacceptable impacts on existing uses or likely future development by reason of noise, smell, safety, health, lighting, disturbance, traffic or other pollution. RSS policy DP3 promotes sustainable economic development through supporting sustainable economic growth.

The previous planning application, which was approved by Committee (82175/09), included a condition which restricted the first floor activities to Thursdays, Fridays and Saturdays between the hours of 09.00 and 22.30. The applicant now wishes to vary this condition to allow the first floor to be used 7 days a week for the cookery school, conference and training functions between the hours of 09.00 and 23.30. The cookery school function would still operate on just a 3 day basis but with extended opening hours to 23.00, originally the

118 applicant proposed opening hours of 23.30. It is considered that the proposed extension of opening hours is excessive but that an additional half an hour, taking the allowed opening hours to 23.00, would be acceptable and in line with other businesses in the area, such as McDonalds. It is considered that the cookery school has the highest potential to impact detrimentally on the living conditions of the nearby properties as this is likely to be the most used facility resulting in activity at the site into the evening hours. The conference facility and training room is unlikely to be used on a basis where the rooms would be used 7 days a week. It is more likely that the conference and training facility would be used for 3 to 4 days at a time, depending on the duration of the courses on offer. On this basis it is considered that the training and conference facility uses at first floor be allowed to open 7 days a week until 23.00. As noted, it is unlikely that the use would be operated 7 days a week but by relaxing the current restrictions would give the applicant the flexibility to use the facilities at his discretion.

The conference facility and training room would operate on a 7 day basis until 23.00 and the cookery school until 23.00 on a Thursday, Friday and Saturday only. The applicant has agreed to this recommendation.

Impact on the Highway The previous planning application, 82175/09, imposed a condition, at Committees request, requiring a 'turn left arrow' in thermoplastic to be installed at the car park egress. In addition to this the condition required the kerb of the Moss Bank Way central reservation to be extended (as shown on drawing 317047 of application 82175/09).

The applicant has raised concerns about the financial implications of implementing this condition, particularly in light of the fact that the approval for the first floor cookery school, conference and training functions is only on a temporary 12 month basis. The permission, 82175/09, is due to expire on 12 November 2010. The applicant has raised concerns about the safety implications of the proposed changes to the central reservation and believes that the changes would actually worsen the existing situation and could result in an increased risk of accidents. The Highways Engineer has recommended that the condition should remain and has referred to a previous report presented to Members at the hearing of application 82175/09. This report is attached for the attention of Members.

Planning Officers are conscious that the decision to require physical alterations to the carriageway on the back of a temporary permission is unusual especially as the cost of the works are not in themselves insignificant. Normally such a condition would not be recommended. Planning Officers have raised this matter with Highway Engineers who are still recommending that the condition be attached, however, it is considered not appropriate to attach the condition at this time, rather the position should be reassessed after the full 12 month period has lapsed.

Conclusion It is therefore considered that Condition 2 of 82175/09 be varied to allow opening hours of 23.00 for the first floor functions together with no restriction of the days of operation for the training and conference facilities. The cookery school shall still only be allowed to operate on a Thursday, Friday and Saturday.

It is considered that condition 6 of 82175/09 remain as intended and not varied or removed in light of the Highways Engineer's concerns around highway safety.

119 Representation and Consultation Annex

Representations Letters:- 2 letters of objection have been received from the residents of 845 and 847 Chorley Old Road. The points of objection are: · Previous problems with disturbance from evening function; · Inadequate parking facilities; · Cars leaving Zest often ignore the turn left sign.

Elected Members:- Councillor R Silvester has requested that the application be heard by Planning Committee with an advanced site visit.

Councillor Hayes has requested that the application be heard by Planning Committee.

Consultations Advice was sought from the following consultees; Highways and Environmental Health.

Planning History Planning permission was granted for the retention of the first floor as a conference facility, training room and cookery school. Approved November 2009 (82175/09).

Planning permission for the additional use of the delicatessen as a cafe was approved in May 2009 (81903/09).

Planning permission was granted for the additional use of the delicatessen to include coffee shop in March (81528/09).

Planning permission for the change of use to a delicatessen (Class A1), alterations to the external appearance of the building including the erection of a rear balcony and amendments to the access and car park was approved in September 2008 (80319/08).

Planning permission for the change of use of part ground floor to offices, together with the formation of window and door openings was approved in May 2004 (67352/04)

Planning permission was approved in August 2001 for the change of use of the upper ground floor from a place of worship to a retail shop (59505/01).

Planning permission was approved in September 2000 for the change of use from a house of worship to offices with a basement storage area (57443/00).

Planning permission for alterations to elevations to reinstate existing blocked up windows and the provision of new velux roof lights to facilitate use of first floor as offices was approved in November 2000 (57897/00).

Planning permission for change of use from house of worship to offices with basement storage was approved in September 2000 (57443/00).

Outline planning permission was approved in October 1978 for the construction of a basement store under the existing church (B/09164)

120 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The cookery school shall only be operated on Thursdays, Fridays and Saturdays between the hours of 09.00 and 23.00. The conference facility and training room operations shall only be operated between the hours of 09.00 and 22.30 Monday to Sunday.

Reason

To safeguard the living conditions of nearby residents.

Notes:

Unitary Development Plan

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

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

A5 as the proposal, with condition 2, will not jeopardise highway safety; A6 as the development is to provide car parking based on the Council's maximum car parking standards.

Regional Spatial Strategy

DP1 and DP3 as the development promotes sustainable economic development.

121 Originally built as a Co-op, the premises changed to a Place of Worship in the early 60’s and remained as such until 2001 when an application was made for change of use to retail. Highways raised concerns at this change of use on the basis of lack of parking and inadequate servicing provision but on the assumption that the proposed use would be a limited traffic generator and would not have a high turnover of goods, a personal permission to the applicant was accepted. This use ceased in 2008 and an application was made for change of use to a delicatessen and coffee shop. Highways raised objection to the change of use on the same basis as before but following discussions with the agent, the coffee shop element was removed from the application and alterations to the access proposed which directed vehicles leaving the premises to turn left. Staff parking would be provided at the lower level. The applicants advised that their goods would be obtained from small specialist suppliers who only utilised small delivery vehicles and in granting permission, Committee imposed a condition that no vehicles longer than 5.5metres should visit the site. Video evidence shows that this condition is regularly breached in that vehicles of 10t and 16t deliver to the site. These have of necessity to reverse into the site from Moss Bank Way. When the car park is full, the vehicles stand on Moss Bank Way to unload.

It was later discovered that the changes to the access could not be physically achieved and an application was made to vary the condition requiring these changes to the layout. Following action by the enforcement team, the amended alterations to the access were implemented. These included a ‘Turn Left’ arrow on the central reservation opposite to the site egress. An application was made earlier this year to allow the additional use as a coffee shop. Highways raised objection to the additional use on the basis that a coffee shop would encourage extended stays which in turn would impact on

122 the available parking provision. Permission for the additional use was granted. Following reports that the first floor premises were being used as a cookery school and training centre, the application now under consideration was submitted. Being consistent, highways again raised objection. During the consultation period, video evidence was submitted to the Council which illustrates the traffic violations which take place at the premises. These show: Vehicles turning right from the ‘OUT’ in contravention of the ‘Turn Left’ arrow and driving against the direction of flow up to the roundabout and then joining the roundabout from the entry flare. Vehicles waiting to do this manoeuvre are seen to edge out into carriageway thereby deflecting on-coming vehicles towards the central reservation and over the hatching for the right turn pocket for Boot Lane. In one instance, vehicles leaving the roundabout are observed giving way to a vehicle which has just left the application site.

It is apparent from the position of the vehicle that some of the drivers who do turn left only do so after considering a right turn.

123 There is an instance of a delivery vehicle passing a waiting left turn vehicle by using the ‘IN’ lane and then proceeding against the flow of traffic to turn into the Chorley Old Road service road fronting numbers 845 – 853.

Vehicles are observed reversing out of the access after the drivers have discovered that the car park is full and that there is insufficient space to turn the vehicle around and leave in forward gear. It appears that when a function is held or the training room is in use, cars park in tandem and take the whole of the parking area. Overspill parking also takes place close to the junction of Boot Lane with cars parked half on the footway on both sides. Parking also takes place on the Chorley Old Road service road and of particular concern, fully on the island footway where the buses stop to discharge passengers.

It was suggested at Committee that traffic flaps installed on the ‘IN’ side of the access may solve the problems but in my opinion, these would have no effect. The majority of the illegally right turning vehicles do so from the ‘OUT’ side of the access. Although the kerbline directs vehicles to turn left, the dual lane width allows vehicles to change to a right turn. In addition, the kerbs on the splitter island were deliberately kept low to allow access by 5.5 metre vehicles which could over-run the island if necessary. Any driver intent on turning right who could not manage it from the ‘OUT’ would simply over-run the kerb. The flaps would have to be set in from the carriageway edge to allow vehicles to stand clear of Moss Bank Way whilst negotiating the flaps. Vehicles that do not actually reverse out onto Moss Bank Way are seen to use this space to turn around and would not be able to do so if the flaps were installed.

124 It is evident that there is insufficient parking space to accommodate all the uses proposed. Not only do training functions completely occupy the car park but overspill into the surrounding area. Visitors arriving for such events find the car park full and carry out reversing manoeuvres from the access before seeking alternative parking. Customers of the delicatessen and coffee shop similarly find the car park full and are forced to reverse out onto Moss bank Way.

Given the difference in level between the car park and Moss Bank Way, the limited space between the building and the carriageway and the proximity of the access to the roundabout, I cannot envisage a solution to the access problem and remain of the opinion that permission should be refused.

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