Manchester City Council Item 6 Planning and Highways Committee 24 July 2014

Application Number Date of Appln Committee Date Ward 105558/FO/2014/N1 30th Apr 2014 24th Jul 2014 Moston Ward

Proposal Erection of single storey side and two-storey rear extensions to existing pub building and conversion of building into 9 two-bedroom self- contained apartments, with associated parking and other associated works. Location 94-102 St Marys Road, Newton Heath, M40 0AG Applicant Mr K Landa , 474 Cheetham Hill Road, , Manchester M8 9JW Agent Holborow and Ormesher, Station House, Adams Hill, Knutsford, Cheshire WA16 6DN

Description

This Planning Application relates to the Dean Brook Inn, which is a two-storey, brick- built, historic, former public house, located at 94-102 St. Mary's Road, Newton Heath, with an associated car park. The pub building and car park are currently vacant.

This former pub building is located adjacent to the footway of St. Mary's Road, opposite the junction of St. Mary's Road with Joyce Street. The rear of the site adjoins Network Rail land and railway. The car park is located to the north of the building, with ingress off and egress onto St. Mary's Road. Community allotments and green spaces are located off Joyce Street/St. Mary's Road.

The rear curtilages of two-storey houses located along Dean Brook Close bound the northern perimeter of the pub car park. Close boarded timber boundary treatment is located between the curtilages of the houses and the car park. The rear elevations of the houses face towards the car park, and are located approximately 13.5 metres away from the proposed building line of the Application building at the closest point.

Planning Permission is sought for the extension and change of use of this former pub building to 9 two-bedroom apartments, with associated car parking, cycle parking, communal amenity space, boundary treatments and waste management. The locations of window and door openings to the front elevation of the building are to be retained.

A single-storey side extension, with hipped roof arrangement, will project a distance of approximately 6 metres from the existing side building line, towards properties along Dean Brook Close. One patio door is proposed within the side elevation of the extension facing the existing residential properties. No other openings are proposed within this side elevation. The waste management collection point for residents and a cycle store will be located against this proposed side wall of the development.

Two-storey rear gable style extensions will project approximately 5 metres from the original rear building line towards Network Rail's land. Existing single storey additions to the rear, including a garage, which are not original to the historic pub building will be removed. Windows and patio doors, including Juliet style balconies at first floor, are proposed within the rear elevation overlooking Network Rail's land. Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 The ridgelines of the proposed two-storey extensions are to be set below the existing ridgeline of the main building.

The Application was originally submitted for the erection of two-storey side and rear extensions, and for conversion into ten two-bedroom apartments, with a differing carpark layout, and scheme for cycle storage and waste management.

The Application has been amended to include a single-storey rather than two-storey side extension, one less apartment, and revised layout, to reflect concerns as regards the design and appearance of the proposal, and the affect upon residential and visual amenity, and highway safety. A further amendment has been made to reduce the depth of part of the rear two-storey extension by 900mm, to address distance requirements specified by Network Rail.

There will be one car parking space per apartment, with nine parking spaces provided within the former pub car park. The vehicular egress and ingress off St. Mary's Road will be relocated closer to Dean Brook Close, in response to the reconfigured site. St. Mary's Road is a bus route, and bus stops are located in close proximity to the Application site for both directions of travel. Boundary treatments are proposed to enclose the curtilage of the proposed building.

Planning History: Planning Permission was granted in 1981 for the formation of the pub car park from previously vacant land (F15033).

Planning Permissions were granted in 1987 for the erection of two single storey extensions, including the garage to the rear (30514 and 29864).

Planning Permission was granted for 24 houses in 1989 on land adjacent to the car park (33739).

Consultations

Neighbours - 4 letters of object have been received from local residents in relation to the first consultation on this Planning Application, which was in relation to the proposed two-storey side and rear extensions and conversion to a total of ten flats. Any responses received in relation to subsequent consultation on the reduced scheme will be reported to Committee.

The residents live on Dean Brook Close. The objections are summarised as follows:

The residential amenity of the occupiers of Dean Brook Close will be detrimentally affected, in terms of loss of sunlight, view, bin storage in close proximity to boundary with houses, rodents, air, privacy, additional traffic, noise and disturbance from cars coming and going from car park, people and visitors parking on Dean Brook Close, and inconvenience and disruption during construction for all residents including a number of shift workers. Will no longer be able to enjoy peaceful garden or have peaceful bedroom at rear.

Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 The pub car park attracted very little traffic, as people walked. Insufficient parking is proposed for residents and their visitors. People will park on Dean Brook Close.

Properties will devalue.

Houses on Dean Brook Close are reliant upon sunlight emanating from the rear of the houses. The flats will totally block the sunlight reaching the properties.

There is an existing rodent infestation. MCC Environmental Health is aware. Construction work will result in more rodents plaguing properties on Dean Brook Close, which are lived in by families.

The extra traffic will be a hazard. The junction is very busy, and there will be more people regularly turning in and out of the car park than previously. There have already been numerous accidents at the junction.

The building is a landmark of historic importance, and the conversion will spoil the landscape and historical value of the building.

The building owners behave in an unreasonable manner. The security shutters to windows and doors have been removed, and vandalism has ensued, leaving the building in a derelict state. A rat infestation has not been dealt with.

Environmental Health - Recommend conditions including, acoustic insulation of the proposed flats in relation to noise and disturbance from the railway line and St. Mary's Road; and the submission of a detailed Waste Management Strategy.

Contaminated Land Section – Recommend condition.

Neighbourhood Services (Highways Development Management) - Final response to amended scheme - The revised parking space and bin storage layout appears acceptable in principle.

Initial Response - The applicant should confirm if the proposed 'new' vehicle access point is the existing access to the pub car park;

As shown on drawing ref. no. 1383/13/03 it would be possible to access the rear of the premises, the car park, cycle store and bin store areas from St Marys Road. The applicant should clarify whether vehicle access gates will be provided to provide a degree of security to the premises;

The applicant should forward details of the bin store, which must be a secure location;

The proposed cycle store appears to consist of cycle stands, which would not provide any weather protection of secure storage for cycles. The applicant should forward details of the proposed cycle store, which should include a roof plus walls to provide secure storage of cycles and weather protection;

Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 The proposed location of the cycle store appears to be 'remote' from the dwellings and could be obscured from view by a vehicle parked in parking space six; and

Highways would not support the location of proposed parking spaces nine and ten, which may require vehicles to reverse to or from the highway at an angle and in close proximity to an existing bus stop. There is concern the forward visibility splays north along St Mary's Road may not be sufficient for vehicles exiting the parking spaces due to the proximity of the building and the acute entry angle to the St Mary's Road carriageway.

North Manchester Regeneration - Support the principle of development. Would prefer to see a smaller number of units that would create larger, high value, family housing with at least one parking space per unit and more amenity space.

Greater Manchester Police Design for Security - No representations received.

Network Rail - The response is reported and summarised as follows: The developer is requested to submit a risk assessment and method statement (RAMS), for all works within 10 metres of the operational railway, to Network Rail Asset Protection.

Potential for any noise/vibration impacts caused by the proximity of the railway to the development must be assessed in the context of NPPF, and the local planning authority should then use conditions as necessary.

All surface water is to be directed away from the railway to avoid the potential for flooding, landslip or damage to line-side safety critical equipment.

Request the developer ensures there is a two-metre gap between the buildings and structures on site and Network Rail boundary fencing, to avoid conflict with Network Rail.

TFGM - No representations received.

Issues

National Planning Policy Framework (NPPF): The NPPF was introduced in March 2012 as the overarching policy framework for . It sets out the Government's priorities for the Planning system and is a material consideration in the decision-making process.

The Framework states that the purpose of the planning system is to contribute to sustainable development, to which there are three dimensions - economic, social and environmental.

The Framework re-iterates that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The statutory status of the development plan remains as the starting point for decision making. Paragraph 14 states that `at the heart of the Framework is a presumption in favour of sustainable development' Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 and, in `decision-taking', this means that development proposals that accord with the development plan should be approved without delay.

Core planning principles in the NPPF - Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. In this case specific weight is given to the need to: i. Secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; ii. Take account of the different roles and character of different areas, promoting the vitality of our main urban areas; iii. Support the transition to a low carbon future in a changing climate, taking full account of flood risk and encourage the reuse of existing resources, including conversion of existing buildings; iv. Encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value; v. Conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations. vi. Actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable; and vii. Take account of and support local strategies to improve health, social and cultural wellbeing for all, and deliver sufficient community and cultural facilities and services to meet local needs.

Manchester's Core Strategy 2012 - 2027: The Core Strategy is a key policy document in the Local Development Framework for Manchester. It sets out the vision for Manchester from 2012 to 2027, and includes a full policy schedule to help deliver that vision. Policies relevant to this application include:

Policy SP1 - Core Development Principles states: The key spatial principles which will guide the strategic development of Manchester to 2027 are:

The Regional Centre will be the focus for economic and commercial development, retail, leisure and cultural activity, alongside high quality city living.

The growth of will act as a catalyst for the regional economy, and will also provide the impetus for a second hub of economic activity in this part of the City.

Beyond these areas, the emphasis is on the creation of neighbourhoods of choice, providing high quality and diverse housing around district centres which meet local needs, all in a distinct environment. The majority of new residential development in these neighbourhoods will be in the Inner Areas, defined by the North Manchester , East Manchester and Central Manchester Regeneration Areas.

The City is covered by regeneration areas including the City Centre. All development Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 should have regard to the character, issues and strategy for each regeneration area as described in the North, East, Central and South Manchester and Wythenshawe Strategic Regeneration Frameworks and the Manchester City Centre Strategic Plan.

The City's network of open spaces will provide all residents with good access to recreation opportunities. The River Valleys (the Irk, Medlock and Mersey) and City Parks are particularly important, and access to these resources will be improved.

New development will maximise the potential of the City's transport infrastructure, in particular promoting walking, cycling and use of the public transport. The extension to the Metrolink network through the and Ashton lines will create key corridors for new development.

Core development Principles

Development in all parts of the City should:-

Make a positive contribution to neighbourhoods of choice including:- creating well designed places that enhance or create character. making a positive contribution to the health, safety and wellbeing of residents considering the needs of all members of the community regardless of age, gender, disability, sexuality, religion, culture, ethnicity or income. protect and enhance the built and natural environment.

Minimise emissions, ensure efficient use of natural resources and reuse previously developed land wherever possible.

Improve access to jobs, services, education and open space by being located to reduce the need to travel and provide good access to sustainable transport provision.

Policy DM1 - Development Management states: All development should have regard to the following specific issues for which more detailed guidance may be given within a supplementary planning document:-

Appropriate siting, layout, scale, form, massing, materials and detail. Impact on the surrounding areas in terms of the design, scale and appearance of the proposed development. Development should have regard to the character of the surrounding area. Effects on amenity, including privacy, light, noise, vibration, air quality, odours, litter, vermin, birds, road safety and traffic generation. This could also include proposals which would be sensitive to existing environmental conditions, such as noise. Accessibility: buildings and neighbourhoods fully accessible to disabled people, access to new development by sustainable transport modes. Community safety and crime prevention. Design for health. Adequacy of internal accommodation and external amenity space. Refuse storage and collection. Vehicular access and car parking. Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 Effects relating to biodiversity, landscape, archaeological or built heritage. Green Infrastructure including open space, both public and private. The use of alternatives to peat-based products in landscaping/gardens within development schemes. Flood risk and drainage. Existing or proposed hazardous installations.

Policy H 4 regarding residential development in East Manchester states: East Manchester, over the lifetime of the Core Strategy, will accommodate around 30% of new residential development. Priority will be given to family housing and other high value, high quality development where this can be sustained. High density housing will be permitted within the parts of East Manchester that fall within the Regional Centre which are adjacent to the City Centre. These neighbourhoods include Ancoats, New Islington, Holt Town and Chancellor's Place; to the west of Alan Turing Way, and within Eastlands, Newton Heath, Openshaw and Gorton district centres as part of mixed-use schemes.

Policy T 2 Accessible areas of opportunity and need: The Council will actively manage the pattern of development to ensure that new development: - Is located to ensure good access to the City's main economic drivers, including the Regional Centre, the Oxford Road Universities and Hospitals and the Airport and to ensure good national and international connections Is easily accessible by walking, cycling and public transport; connecting residents to jobs, centres, health, leisure, open space and educational opportunities. Particular priority will be given to providing all residents access to strategic employment sites including:- Links between North Manchester residents and key employment locations, including the City Centre, Central Park, Quays and Industrial Estate and Park. Links within East Manchester to employment locations, Central Park and Eastlands in particular. Links within Central Area between residents and employment, the Corridor in particular and east/west connectivity for residents in Central Area to employment areas in Trafford and East Manchester. Maintaining strong links between residential areas in the South and the Regional Centre and improving connectivity with the Airport. Ensuring good links between Wythenshawe residents and the Airport and further employment opportunities in , Trafford and the Regional Centre. Within the City Centre, provides a level of car parking which reflects the highly accessible nature of the location, as well as the realistic requirements of the users of the development. Elsewhere, all new development should provide appropriate car parking facilities, taking account of the guidance in appendix B, which reflects policy in the Regional Strategy (RS). In all parts of the City proposals should have regard to the need for disabled and cycle parking, in line with appendix B. If the RS is revoked the Council will continue to use these standards when applying this policy. Standards are set for two different area types:

Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 District Centres Areas not within the City Centre or District Centres The car parking standards are maximums and the cycle and disabled car parking standards are minimums. However the Council will take the circumstances of each proposal into account to establish what level of parking is appropriate. Includes proportionate Traffic Impact Assessments and Travel Plans for all major applications and for any proposals where there are likely to be access or transport issues.

Saved Unitary Development Plan (UDP) policies: The following saved UDP policies are applicable to the proposed development:

DC5 Flat conversions: DC5.1 In determining planning applications to convert property to flats, the Council will have regard to: a. the standard of accommodation for the intended occupiers of the premises; b. effects on adjoining houses as a result of noise from flats passing through party walls and affecting adjoining houses; c. adequacy of car parking, off-street car parking being normally required where practicable, and essential where there is so severe an existing on-street parking problem that unacceptable additional pressures would be created; d. general effects on the character of the neighbourhood, including the extent to which flat conversion schemes are a new or an established feature of the immediate area, avoiding the loss of front gardens and the retention of existing trees and shrubs; e. adequate private outdoor amenity space; f. the desirability of achieving easy access for all, including disabled people (as a minimum, access for disabled people will normally be required in conversions of ground floor accommodation); g. the satisfactory provision of refuse storage and collection facilities.

DC5.2 There will be a general presumption in favour of flat conversions within residential areas, on the upper floors of businesses within commercial areas and in properties on main road frontages, subject to other relevant policies of the Plan. They will be particularly welcome where large, old, difficult to re-use properties are involved, and where proposed schemes provide investment enabling the retention and improvement of housing stock.

DC5.3 Notwithstanding policy DC5.2, the Council will normally refuse permission for any developments in this category which: a. do not provide accommodation to the Council's current approved standards; b. are in tightly-packed residential streets where there is no scope for off-street car parking and where there is already an acknowledged problem of on-street congestion; c. involve conversion schemes without adequate private external amenity space; d. are schemes without satisfactory refuse storage and collection facilities.

DC5.4 In determining applications of this kind, the Council will give particularly careful Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 consideration to situations in which the conversion of small terraced properties are proposed; and where a scheme is the first in a street of otherwise single family dwellings, the Council will give weight to the desirability of maintaining the character of the street in that respect.

Reasons: Many larger, older properties in the City are suitable for conversion into flats, and this is often a good way of preserving attractive buildings which are no longer economical for use as single family dwellings or as commercial property. Nonetheless, the Council will look at all the factors set out in policy DC5.1I to ensure that the standards of accommodation are satisfactory for the people who would be living in the flats, and also that there is no unacceptable impact on occupiers of neighbouring property, or on the character of the area. A particular issue which the Council will take into account is the effect of providing for the car, especially where local streets are already heavily congested, or where on-site parking can only be achieved by removing trees, gardens, walls etc., with potentially harmful effects on the overall street-scene.

Policy 26 Development and Noise states: DC26.1 The Council intends to use the development control process to reduce the impact of noise on people living and working in, or visiting, the City. In giving effect to this intention, the Council will consider both: a. the effect of new development proposals which are likely to be generators of noise; and b. the implications of new development being exposed to existing noise sources which are effectively outside planning control.

DC26.2 New noise-sensitive developments (including large-scale changes of use of existing land or buildings), such as housing, schools, hospitals or similar activities, will be permitted subject to their not being in locations which would expose them to high noise levels from existing uses or operations, unless the effects of the noise can realistically be reduced. In giving effect to this policy, the Council will take account both of noise exposure at the time of receiving a planning application and of any increase that may reasonably be expected in the foreseeable future.

DC26.3 Developments likely to result in unacceptably high levels of noises will not be permitted: a. in residential areas; b. near schools, hospitals, nursing homes and similar institutions; c. near open land used frequently for recreational purposes.

DC26.4 Where the Council believes that an existing noise source might result in an adverse impact upon a proposed new development, or where a new proposal might generate potentially unacceptable levels of noise, it will in either case require the applicant to provide an assessment of the likely impact and of the measures he proposes to deal satisfactorily with it. Such measures might include the following: a. engineering solutions, including reduction of noise at source, improving sound insulation of sensitive buildings or screening by purpose-built barriers; b. layout solutions, including consideration of the distance between the source of the noise and the buildings or land affected by it; and screening by natural barriers or other buildings or non-critical rooms within a building; and Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 c. administrative steps, including limiting the operating times of the noise source, restricting activities allowed on the site or specifying an acceptable noise limit. Any or all of these factors will be considered appropriate for inclusion in conditions on any planning permission.

DC26.5 The Council will control noise levels by requiring, where necessary, high levels of noise insulation in new development as well as noise barriers where this is appropriate.

DC26.6 Exceptions to the general policy will be considered on their merits. The Council accept, as an example, that the occasional use of outdoor facilities such as sports stadia for concerts can be acceptable in certain circumstances. Any such proposal will be considered in the light of consultation with local residents and others, and the practicability of appropriate conditions on any approval.

Reasons :- It has become increasingly accepted that noise is a major source of environmental pollution, affecting peoples' physical and mental health. The Council considers that the planning process has a role to play in reducing noise levels generally and, through the development control system, to consider carefully the relationship between different land-uses from the point of view of noise generation and impact. Reaching judgments on what is or is not an acceptable amount or type of noise is a complex matter, consideration of which will depend on the particular circumstances on the ground.

Planning Issues: The proposed extensions and change of use are acceptable in terms of the National Planning Policy Framework (NPPF), saved policies DC5 and DC26 of the Unitary Development Plan (UDP) for the City of Manchester, and policies SP1, DM1, H4, and T2 of Manchester's Core Strategy.

Principle: It is considered that the characteristics of the apartment development, with an associated car park, amenity space, and cycle parking, are compatible with the nature of the existing building and site, and the location of the vacant premises, adjacent to other residential development, with a main road frontage, and railway line to the rear.

Regarding residential development in East Manchester, policy H4 states priority will be given to family housing and other high value, high quality development where this can be sustained. It is considered that as this proposal comprises the conversion of an existing, vacant, historic building, with a main road frontage, then provided the development will be high value and quality, the proposal for two bedroom apartments is acceptable, in accordance with saved UDP policy DC5, regarding flat conversions.

Policy DC5.2, regarding flat conversions, specifically states, there will be a general presumption in favour of flat conversions within residential areas, on the upper floors of businesses within commercial areas and in properties on main road frontages, subject to other relevant policies of the Plan. They will be particularly welcome where large, old, difficult to re-use properties are involved, and where proposed schemes provide investment enabling the retention and improvement of housing stock. Manchester City Council Item 6 Planning and Highways Committee 24 July 2014

The Agent has confirmed he has assessed conversion to houses, and concludes, in brief, that this particular building and context does not lend itself to a family housing development; and there is a demand for such two-bedroom apartments in the area, with access to bus stops, cycle storage and off-street car parking.

It is not considered that the loss of a pub use is reason to refuse Planning Permission. The pub is not located within a local centre, and whilst it could provide a local shop or public house facility, without an Application for Planning Permission, the fact the pub building and car park is vacant suggests demand is not present in the market in this location for these types of uses. No representations have been received in relation to the loss of the public house use, other than comments made that the conversion is detrimental to the streetscape and historic pub building. Alternative provision for top up shopping is available, and other public houses are available.

Network Rail have requested the imposition of a number of controls, which will be addressed through Planning conditions. Network Rail refer to the National Planning Policy Framework, and Case Law as the basis for their requirements, along with other legislation.

The Agent has confirmed that there will be a two-metre gap between the buildings and structures on site and Network Rail boundary fencing, to avoid conflict with Network Rail. The scheme has been amended to reduce the depth of part of the rear two-storey extension by 900mm, in order to address the distance requirements specified by Network Rail.

Prior to the commencement of development, the developer will be required to submit a risk assessment and method statement (RAMS), for all works within 10 metres of the operational railway, to reduce risk.

Prior to the commencement of development, the methods of drainage for foul drainage and surface water, to ensure all surface water is directed away from the railway, will be required. This in order to avoid the potential for flooding, landslip or damage to line-side safety critical equipment.

Residential Amenity: Existing occupiers: It is not considered that the proposed development will have an unduly adverse affect upon the amenities of the occupiers of neighbouring residential accommodation, including the occupiers of Dean Brook Close, in accordance with policy DM1, which states, development should have regard to effects on amenity, including privacy, light, noise, vibration, air quality, odours, litter, vermin, birds, road safety and traffic generation.

The characteristics and impacts of the apartment use are considered to be different to those of the previous pub use. In many respects, it is envisaged that the noise and activity generated by the occupiers and visitors to nine apartments, will have a lesser impact upon the amenities of the occupiers of neighbouring residential properties than a pub or shop use. Manchester City Council Item 6 Planning and Highways Committee 24 July 2014

For example, the pub could have a larger number of patrons than the apartments will have residents, and patrons could come and go, creating noise and disturbance until late into the evening. As discussed, the pub car park exists, and has the potential to be used more intensively than the proposed smaller car park by the residents and visitors of the development.

It is appreciated that there will be traffic movement in and out of the apartment development car park next to the rear of properties along Dean Brook Close, which will generate an associated level of noise and disturbance. It is not considered that the level of noise and disturbance generated will have an unduly detrimental affect upon the amenities of residents, given this is an extant car park, and as the existing close boarded timber fencing between the car parking area and the houses will provide visual separation, and a level of acoustic insulation.

The extensions to the building, to facilitate the conversion to residential units, are proposed opposite the rear elevations of houses along Dean Brook Close, to the south of the houses, however, it is not considered the extensions will create privacy and over looking issues, or create an oppressive environment, as the nearest extension is single storey, and there will be sufficient separation distance between the extensions and the houses, the nearest extension being sited approximately 13.5 metres away from the rear building line of properties, behind the houses' existing close boarded timber boundary fencing.

It is not considered likely that people will park on-street outside residential properties, thereby affecting residential amenity. This is due to the provision of a parking space per apartment, availability of unrestricted off-street parking on, for example, Joyce Street, and as the location is accessible by sustainable transport modes such as walking and buses.

Controls are required by way of Planning Conditions to ensure that matters with the potential to detrimentally affect residential amenity are controlled. Car parking will be required to be laid out and made available prior to first occupation. The patio doors within the side elevation will be permanently fitted with obscure glazing.

Issues regarding rodents can be addressed with appropriate pest controls. An occupied rather than vacant building is likely to result in the issue being given the attention required. The Waste Management Strategy will include the layout of bin storage within a purpose built compound on site, and the collection details.

Regarding construction, there are regulations governing the hours of construction, enforceable by the Council. It is perhaps inevitable that some disruption will result from construction, however, there are controls available, and the re-use of the building is important to the character, appearance, vitality and long-term viability of the area, and disruption caused by construction is unlikely to be long-term.

Residents of the apartment scheme: It is not considered that noise and vibration from the road and railway lines will unduly detrimentally affect the amenities of the occupiers of the proposed residential accommodation, pursuant to policy DM1, provided appropriate controls are imposed Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 by way of Planning condition, as advocated by Network Rail, the National Planning Policy Framework, and policy DC26, regarding development and noise.

A noise and vibration study of the premises will be required to be undertaken prior to the commencement of development, and insulation of the premises accordingly carried out as concluded by the study, in order to ensure residential amenity will not be detrimentally affected. The City Council's Environmental Health section support the scheme, subject to adequate controls being imposed by condition.

It is considered that the quality of the internal accommodation and external amenity space is acceptable in terms of policies DM1 and DC5. Policy DC5.1 states, in determining planning applications to convert property to flats, the Council will have regard to the standard of accommodation for the intended occupiers of the premises; adequate private outdoor amenity space; the desirability of achieving easy access for all, including disabled people (as a minimum, access for disabled people will normally be required in conversions of ground floor accommodation).

Regarding policies DM1 and DC5, the standard of accommodation is considered of an acceptable quality. The apartments include two-bedrooms, level access, with the larger ground floor flat appropriate for use by a non-ambulant disabled occupier, access to communal amenity space, one off-street parking space, undercover cycle storage, appropriate waste management, and the scheme will be required to meet the Secured by Design. In addition to the communal amenity space, community allotments and green spaces are located off Joyce Street/St. Mary's Road. A condition regarding hard and soft landscaping is required in order to control the nature and quality of the amenity space.

It is considered appropriate to control the construction of extensions to the apartments, which could otherwise be constructed without the need for Planning Permission. This is as the remaining communal amenity space would be likely to be deficient, and as the structures would be likely to be within 2 metres of Network Rail's land, which would be contrary to policies DM1 and DC5.

The site is located within an area of contaminated land, as such appropriate conditions will be attached to ensure appropriate mitigation and measures are incorporated into the construction of the scheme. This is pursuant to policies DM1 and EN18.

Visual Amenity: It is considered that the proposed conversion and extension scheme will not detrimentally affect the character, appearance or integrity of this historic former public house, or the street scene, pursuant to policies SP1 and DM1. As this historic building is vacant, it is at risk of acts of vandalism affecting its integrity, appearance, and long-term existence.

The proposed apartment scheme is an acceptable scheme, which allows the building to be maintained, in terms of its historic design and appearance. The building will retain its historic integrity, as the building will be refurbished, with openings to the primary front elevation retained, and as the extensions will appear subservient and in keeping with the character of the building, due the designs, siting and materials. The Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 proposed materials to be used to construct the development will be controlled by way of Planning condition, in order to ensure a quality and appropriate appearance, pursuant to policies SP1 and DM1.

Boundary treatments will be introduced to the front elevations of the site, to introduce defensible space, foster ownership of amenity areas, avoid creating areas of unkempt incidental open space, and provide security. These treatments will reflect the fact the use has changed, and provide amenity and security for residents, whilst not detrimentally affecting the visual amenity of the building or street scene. This is due to the proposed materials and designs of boundary treatments. The scheme will be required to achieve Secured by Design as a condition of Planning Approval, in accordance with policies DM1 and SP1.

Travel: It is considered that the proposed residential development will be sustainable in terms of travel, and is therefore, in accordance with policies DM1, DC5, and T2. As discussed, the site is accessible by sustainable transport modes such as walking and buses, and one parking space per apartment is proposed, along with the availability of off-street parking on, for example, Joyce Street.

Policy DC5.1 states, in determining planning applications to convert property to flats, the Council will have regard to adequacy of car parking, off-street car parking being normally required where practicable, and essential where there is so severe an existing on-street parking problem that unacceptable additional pressures would be created.

Policy DM1 states all development should have regard to issues including access to new development by sustainable transport modes and vehicular access and car parking. Policy T2 states that development should be easily accessible and supported by appropriate provision for travel including vehicle parking.

The existing vehicular egress and ingress will be relocated a short distance closer to Dean Brook Close, to accommodate the reconfigured site. Vehicles have a view of traffic, due to the visibility splays. Policy DM1 states development should have regard to vehicular access and car parking. A condition regarding boundary treatments and visibility splays will accordingly be imposed.

Reason for recommendation Approval on the basis the development is in accordance with the National Planning Policy Framework, saved policies DC26 and DC5 of the Unitary Development Plan (UDP) for the City of Manchester, and policies SP1, DM1, H4, and T2 of Manchester's Core Strategy, as the extension and conversion of this former pub building will introduce an acceptable residential apartment development, which will not unduly detrimentally affect the amenities of the occupiers of neighbouring residential accommodation, will not detrimentally affect the character and appearance of the street scene or the historic pub building, or highway and pedestrian safety, and there are no material considerations of sufficient weight to indicate otherwise.

Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 Human Rights Act 1998 considerations – This application needs to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applicants (and those third parties, including local residents, who have made representations) have the right to a fair hearing and to this end the Committee must give full consideration to their comments.

Protocol 1 Article 1, and Article 8 where appropriate, confer(s) a right of respect for a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Core Strategy and saved polices of the Unitary Development Plan, the Head of Planning, Building Control & Licensing has concluded that some rights conferred by these articles on the applicant(s)/objector(s)/resident(s) and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. She believes that any restriction on these rights posed by the approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts.

Recommendation Approval

Article 31 Declaration

Officers have worked with the Applicant / Agent in a positive and proactive manner in order to guide the Application through all stages of the Planning process, and have resolved issues that have arisen whilst dealing with the Planning Application.

Conditions to be attached to the decision

1) The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason - Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2) The development hereby approved shall be carried out in accordance with the following drawings and documents:

Planning Application form, received 28/4/14 O.S. plan with the Application site edged in red, received 28/4/14 Drawing 1383/13/03 E, received 15/7/14 Drawing 1383/13/04 C, received 15/7/14

Reason - To ensure that the development is carried out in accordance with the approved plans, pursuant to policy DM1 of Manchester's Core Strategy.

3) a) Before the development hereby approved commences, a report (the Preliminary Risk Assessment) to identify and evaluate all potential sources and impacts of any ground contamination, groundwater contamination and/or ground gas relevant to the site shall be submitted to and approved in writing by the City Council Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 as local planning authority. The Preliminary Risk Assessment shall conform to City Council's current guidance document (Planning Guidance in Relation to Ground Contamination).

In the event of the Preliminary Risk Assessment identifying risks which in the written opinion of the Local Planning Authority require further investigation, the development shall not commence until a scheme for the investigation of the site and the identification of remediation measures (the Site Investigation Proposal) has been submitted to and approved in writing by the City Council as local planning authority.

The measures for investigating the site identified in the Site Investigation Proposal shall be carried out, before the development commences and a report prepared outlining what measures, if any, are required to remediate the land (the Site Investigation Report and/or Remediation Strategy) which shall be submitted to and approved in writing by the City Council as local planning authority. b) When the development commences, the development shall be carried out in accordance with the previously agreed Remediation Strategy and a Completion/Verification Report shall be submitted to and approved in writing by the City Council as local planning authority.

In the event that ground contamination, groundwater contamination and/or ground gas, not previously identified, are found to be present on the site at any time before the development is occupied, then development shall cease and/or the development shall not be occupied until, a report outlining what measures, if any, are required to remediate the land (the Revised Remediation Strategy) is submitted to and approved in writing by the City Council as local planning authority and the development shall be carried out in accordance with the Revised Remediation Strategy, which shall take precedence over any Remediation Strategy or earlier Revised Remediation Strategy.

Reason - To ensure that the presence of or the potential for any contaminated land and/or groundwater is detected and appropriate remedial action is taken in the interests of public safety, pursuant to policies DM1 and EN18 of the Core Strategy.

4) No development shall commence until details of the measures to be incorporated into the development (or phase thereof) to demonstrate how secure by design accreditation will be achieved have been submitted to and approved in writing by the City Council as local planning authority. The development shall only be carried out in accordance with these approved details. The development hereby approved shall not be occupied or used until the Council as local planning authority has acknowledged in writing that it has received written confirmation of a secured by design accreditation.

Reason - To reduce the risk of crime pursuant to policies SP1 and DM1 of the Core Strategy and to reflect the guidance contained in the National Planning Policy Framework.

5) No development shall take place until there has been submitted to and approved in writing by the local planning authority a layout plan, with associated elevational drawings, indicating the positions, design, materials and type of boundary treatment Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 to be erected. The boundary treatment shall be completed before first occupation of the building. Development shall be carried out in accordance with the approved details and shall thereafter be retained.

Reason - To ensure that the boundary treatments are acceptable to the City Council as local planning authority, in terms of appearance, security, and visibility splays from the vehicular egress and ingress, in the interests of the visual amenity of the area within which the site is located, the security of the development, and highway and pedestrian safety, in order to comply with policies SP1 and DM1 of Manchester's Core Strategy, and saved policy DC5 of the Unitary Development plan.

6) No part of the development shall be occupied until covered space and facilities for bicycle parking have been provided in accordance with details, including elevational and layout drawings, to be submitted to and approved in writing by the City Council as local planning authority. The approved space and facilities shall then be retained and permanently reserved for bicycle parking.

Reason - To ensure that adequate provision is made for bicycle parking so that persons occupying or visiting the development have a range of options in relation to mode of transport in order to comply with policies SP1, T1 and DM1 of the Core Strategy.

7) No development shall commence until a hard and soft landscaping treatment scheme has been submitted to and approved in writing by the City Council as local planning authority. The approved scheme shall be implemented not later than 12 months from the date the buildings are first occupied. If within a period of 5 years from the date of the planting of any tree or shrub, that tree or shrub or any tree or shrub planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place.

Reason - To ensure that a satisfactory landscaping scheme for the development is carried out that respects the character and visual amenities of the area, in accordance with policies SP1, EN9 and DM1 of the Core Strategy.

8) No development that is hereby approved shall commence unless and until samples and specifications of all materials to be used on all external elevations of the development, including boundary treatments, have been submitted to and approved in writing by the City Council as local planning authority.

Reason - To ensure that the appearance of the development is acceptable to the City Council as local planning authority in the interests of the visual amenity of the area within which the site is located, as specified in policies SP1 and DM1 of the Core Strategy.

9) Before the development commences, a scheme for insulating the residential accommodation against noise and vibration from the adjacent railway line, St. Mary's Road, and any other actual or potential noise sources, including any local commercial/industrial premises, shall be submitted to and approved in writing by the Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 City Council as local planning authority. The approved noise and vibration insulation scheme shall be completed before any of the dwelling units are occupied.

Noise survey data must include measurements taken during early morning rush-hour periods and night time to determine the appropriate sound insulation measures necessary. The internal noise criterion are as follows:

Bedrooms (night time - 23.00 - 07.00) 30 dB LAeq Individual noise events should not normally exceed 45 dB LAmax (BS 8233:1999) Living Rooms (daytime - 07.00 - 23.00) 40 dB L Aeq Gardens and terraces (daytime) 55 dB L Aeq

Reason - To secure a reduction in noise from traffic or other sources in order to protect future residents from noise nuisance, pursuant to policies SP1 and DM1 of Manchester's Core Strategy, and saved policy DC26 of the Unitary Development Plan.

10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no extensions or curtilage buildings shall be erected, other than those expressly authorised by this permission.

Reason - In the interests of the residential amenities of the occupiers of the development, and in view of the proximity of the development to the railway line, pursuant to policy DM1 of Manchester's Core Strategy, and Section 17 of the National Planning Policy Framework.

11) No development shall commence until a scheme for the storage (including segregated waste recycling) and disposal of refuse has been submitted to and approved in writing by the City Council as local planning authority. The details of the approved scheme shall be implemented as part of the development and shall remain in situ whilst the use or development is in operation.

Reason - In the interests of the residential amenities of the occupiers of the development and neighbouring residential accommodation, pursuant to policy DM1 of Manchester's Core Strategy.

12) Prior to the commencement of the development hereby approved, a method statement and risk assessment, in respect of works within 10 metres of the operational railway line and Network Rail land, shall be submitted to the City Council as local planning authority for prior approval in writing. Works shall be carried out in accordance with the approved method statement and risk assessment.

Reason - To ensure that the construction of the proposal can be carried out without adversely affecting the safety, operational needs or integrity of the railway adjacent to the development site, pursuant to Manchester's Core Strategy, including policy DM1.

13) Prior to the commencement of the development hereby approved, the methods of drainage for foul drainage and surface water, shall be submitted to the City Council Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 as local planning authority for prior approval in writing. Works shall be carried out in accordance with the approved methods.

Reason - To ensure that the drainage for the development can be carried out without adversely affecting the safety, operational needs or integrity of the railway adjacent to the development site, pursuant to Manchester's Core Strategy, including policy DM1, and section 17 of the National Planning Policy Framework.

14) The approved car park shall be laid out in accordance with the approved scheme, and shall be available for use prior to the first occupation of the development. The parking shall thereafter be available for use by residents of/visitors to the development whilst the use is in operation.

Reason - In the interests of highway safety and the flow of traffic on the highway, pursuant to policy DM1 of Manchester's Core Strategy.

15) No additional openings shall be inserted within the side elevation of the building adjacent to Dean Brook Close, other than the door shown upon the approved plans. The door shall be obscure glazed to a specification of no less than level 5 of the Pilkington Glass Scale, or such other alternative equivalent, and shall remain so in perpetuity.

Reason - To protect the amenity and living conditions of adjacent residential property from overlooking or perceived overlooking, pursuant to policy DM1 of Manchester's Core Strategy.

Local Government (Access to Information) Act 1985

The documents referred to in the course of this report are either contained in the file(s) relating to application ref: 105558/FO/2014/N1 held by planning or are City Council planning policies, the Unitary Development Plan for the City of Manchester, national planning guidance documents, or relevant decisions on other applications or appeals, copies of which are held by the Planning Division.

The following residents, businesses and other third parties in the area were consulted/notified on the application: Network Rail Contaminated Land Section Environmental Health Highway Services East Manchester Regeneration Police Transport For Greater Manchester 14 Dean Brook Close, Manchester, M40 0AZ 2 Dean Brook Close, Manchester, M40 0AZ 4 Dean Brook Close, Manchester, M40 0AZ 6 Dean Brook Close, Manchester, M40 0AZ 8 Dean Brook Close, Manchester, M40 0AZ 10 Dean Brook Close, Manchester, M40 0AZ 12 Dean Brook Close, Manchester, M40 0AZ Manchester City Council Item 6 Planning and Highways Committee 24 July 2014 14 Dean Brook Close, Manchester, M40 0AZ 24 Williams Road, Moston, Manchester, M40 0AP 26 Williams Road, Moston, Manchester, M40 0AP 28 Williams Road, Moston, Manchester, M40 0AP 30 Williams Road, Moston, Manchester, M40 0AP 32 Williams Road, Moston, Manchester, M40 0AP 34 Williams Road, Moston, Manchester, M40 0AP 36 Williams Road, Moston, Manchester, M40 0AP 94 St Mary`s Road, Manchester, M40 0AG 38 Williams Road, Moston, Manchester, M40 0AP 3 Boar Green Close, Manchester, M40 3AW 5 Boar Green Close, Manchester, M40 3AW

Relevant Contact Officer : Helen Hodgett Telephone number : 0161 234 4533 Email : [email protected]