Manchester City Council Item 13 Planning and Highways Committee 13 September 2012

Application Number Date of Appln Committee Date Ward 099892/JO/2012/N1 17th Jul 2012 13 th Sept 2012 Ward

Proposal Variation of condition 2 to application ref: 098105/FH/2011/N1 to amend height of single storey rear extension, alter position of window to bathroom and move extension 300mm from boundary with 72 Kearsley Road. Location 74 Kearsley Road, Crumpsall, , M8 4GJ, Applicant Master Usman Hibib , 74 Kearsley Road, Crumpsall, Manchester, M8 4GJ, Agent Mr Shaun Stephenson, 4th Floor Victoria Mill, Lower Vickers Street, Manchester, M40 7LH

Description 74 Kearsley Road is a semi-detached property in a residential area. The house is on the south side of Kearsley Road in the Crumpsall ward of Manchester.

The application is for the variation of condition 2 (approved plans) from a previous application (098105/FH/2011/N1) which was for the erection of a single storey rear extension to form additional living accommodation. The development was to accommodate the needs of a disabled occupier.

This application seeks approval to vary the previously approved plans. The proposed development varies from the originally approved design for the single storey rear extension by virtue of being 0.5metres taller in height, having a window in the rear elevation and being 300mm away from the neighbouring boundary.

Consultations Local Residents - No objections received.

Policy National Planning Policy Framework - (March 2012) The NPPF was introduced in March 2012 as the overarching policy framework for England. It sets out the Governments priorities for the Planning system and is a material consideration in the decision-making process. It places emphasis on the three strands of sustainable development and its social, environmental and economic functions.

Core Strategy 2012- 2027 (adopted July 2012) 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 the three strands of sustainable development, social economic and environmental, to help deliver that vision. Policies relevant to this proposal include policy DM1.

Policy DM1 - Development Management. Policy DM1 provides specific guidance in the Development Management decision making process and provides that: Item 13 Planning and Highways Committee 13 September 2012

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. - 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.

The Council's approach to Development Management is intended to ensure that new developments contribute to the overall aims of the Core Strategy. The issues which should be considered are those which will ensure that the detailed aspects of new development complement the Council's broad regeneration priorities, in particular by contributing to Neighbourhoods of Choice. This includes protection of amenity and local character, environmental standards and practical matters such as access and safety. These issues will be considered in more detail through the Supplementary Planning Document, the Guide to Development in Manchester.

Unitary Development Plan A number of policies have been saved until replacement by future development plan documents to accompany the Core Strategy.

The following saved policies are considered to be particularly relevant to the proposed development:

DC1: RESIDENTIAL EXTENSIONS DC1.1 in determining planning applications for extensions to residential properties, the Council will have regard to: a. the general character of the property; b. the effect upon the amenity of neighbouring occupiers; c. the desirability of enabling people to adapt their houses in appropriate ways to meet changing household needs; d. the overall appearance of the proposal in the street-scene; Manchester City Council Item 13 Planning and Highways Committee 13 September 2012 e. the effect of the loss of any on-site car parking.

DC1.2 Extensions to residential properties will be allowed subject to compliance with other relevant policies of the Plan and the following criteria: a. they are not excessively large or bulky (for example, resulting in structures which are not subservient to original houses or project out too far in front of the original buildings); b. they do not create an undue loss of sunlight, daylight or privacy; c. they are not out of character with the style of development in the area or the surrounding street scene by virtue of design, use of materials or constructional details; d. they would not result in the loss of off-street car-parking, in a situation where there is so severe an existing on-street parking problem that unacceptable additional pressures would be created.

DC1.3 Notwithstanding the generality of the above policies, the Council will not normally approve: a. rearward extensions greater than 3.65m (12ft) in length.

DC1.5 The Council will consider on their merits exemptions to the above policies in the case of applications from disabled people who may require particular adaptations to their homes.

Issues The issues for this variation of condition application are the height of the extension and its impact on residential amenity and the altered position of door and windows and their impact on residential amenity.

Height of Extension : The approved plans show the residential extension with a height of 2.4metres to eaves. The height of the extension as measured on site and as subsequently shown on plan submitted for this application is 3metres.

The difference in height levels to eaves from that originally approved, is due to the way the extension was measured being from the existing internal floor level which was 2.4m to the eaves.

When MCC Planning Compliance and Building Control Officers examined the extension and asked that work should cease, they explained that MEAP had measured it incorrectly and did not take into account that the ground fell away, so the additional 1/2 metre is to compensate for the ground falling away. MEAP explained that the actual height to the eaves therefore is no higher it is just being built lower into the ground.

The original application did not show that the lower ground level was not going to be built up to compensate for a change in site levels and was therefore approved on the basis that the height to eaves at the end of the extension was 2.4metres.

Manchester City Council Item 13 Planning and Highways Committee 13 September 2012 Impact on Residential Amenity : The extension previously approved (098105/FH/2011/N1) received one objection after construction had begun. The objector explained that he was unable to comment at the time of consultation as he was under the impression a different scheme had been submitted which would not impact upon his residential amenity, and personal circumstances prevented him from making representation at the time. The City Council nonetheless investigated the complaint through Planning Compliance and Building Control Officers and established the height differential and other features which form the basis of the present application.

The extension is noticeable from within the neighbouring residents’ property and has some impact on residential amenity. However, the additional height is not considered to be so great as to warrant refusal of the application as gardens at the rear of the application and neighbouring properties are oriented south east with a width of approximately 10.5metres and 21metre length, creating a relatively open site. The development as built is also 300mm further from the neighbouring boundary than on the originally submitted scheme which helps lessen the impact on that property further.

As the ground floor rear extension is single storey only, has a sloping pitched roof that is oriented north west of the neighbouring property and has no windows adjacent no.72 Kearsley Road, there would be little impact from the varied design on this property in terms of overlooking, overshadowing and loss of privacy.

Altered Position of Door and Windows : The altered position of the door and windows which introduces a window into the rear elevation and door on the north-facing elevation, are not considered to be a likely source of residential amenity and are therefore also considered acceptable.

For the above reasons, the proposal is considered to be acceptable as it would be consistent with UDP policy DC1 'Residential Extensions' and Core Strategy policy DM1 ‘Development Management’.

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 , 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 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 Manchester City Council Item 13 Planning and Highways Committee 13 September 2012 decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts.

Recommendation APPROVE

Reason for recommendation Approve in the light of policies DC1.1, DC1.2 and DC1.5 of the Unitary Development Plan and policy DM1 of the Manchester Core Strategy on the basis that the proposed variation of condition 2 would not adversely affect visual or residential amenity within the area.

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 unless otherwise agreed in writing by the City Council as Local Planning Authority: the plans and elevations stamped as received by the Local Planning Authority on the 2nd July 2012.

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

3) The materials to be used shall match the existing dwelling house in colour, size and texture.

Reason - In the interests of visual amenity pursuant to policy DM1 of the Manchester 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: 099892/JO/2012/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:

72 Kearsley Road, Manchester, M8 4GJ 74 Kearsley Road, Manchester, M8 4GJ 76 Kearsley Road, Manchester, M8 4GJ

Representations were received from the following third parties:

Manchester City Council Item 13 Planning and Highways Committee 13 September 2012

Relevant Contact Officer : Linda Marciniak Telephone number : (0161) 234 4636 Email : [email protected]