Planning and Transportation Regulatory Panel

PLANNING AND TRANSPORTATION REGULATORY PANEL

DATE : Thursday, 5th June, 2014.

TIME : 9.30 a.m.

PLACE : The Salford Suite, Salford Civic Centre, Chorley Road, Swinton.

Members attending this meeting with a personal interest in an item on the agenda must disclose the existence and nature of that interest and, if it is a prejudicial interest, withdraw from the meeting room during the discussion and voting on the item.

A G E N D A

PART 1 - OPEN TO THE PUBLIC

1. The Panel is asked to consider whether it agrees to the inclusion of the items listed in Parts 1 and 2 of the agenda.

2. Apologies for absence.

3. Declarations of interest.

4. To approve, as a correct record, the minutes of the meeting held on 15th May, 2014. - PAGE 3

5. Planning applications and related development control matters:-

9.30 a.m.  14/64545/COU – Nutkins Nursery, 15 Half Edge Lane, Eccles M30 9AY – PAGE 14  14/64584/ADV – Nutkins Nursery, 15 Half Edge Lane, Eccles M30 9AY – PAGE 20  14/64603/FUL – George’s Restaurant, 17-21 Barton Road, Worsley M28 2PD – PAGE 26  11/60256/HYB – Land Bounded By The River Irwell, Chapel Street, Greengate And The Former Liverpool To Manchester Railway Line – PAGE 36

6. Planning applications determined under delegated authority – PAGE 38

7. Planning appeals – PAGE 62

URGENT BUSINESS

8. Business which, due to special circumstances, the Chair of the meeting is of the opinion should be considered as a matter of urgency.

EXCLUSION OF THE PUBLIC

9. To consider and, if thought fit, to pass the following resolution:-

"That, under section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the ground that it involves the likely disclosure of exempt information as specified in the paragraphs of Part 1 of Schedule 12A to the Act, respectively indicated."

PART 2 – CLOSED TO THE PUBLIC

URGENT BUSINESS

10. Business which, due to special circumstances, the Chair of the meeting is of the opinion should be considered as a matter of urgency.

Access to Information

A copy of this agenda, the reports and the background documents shown in those reports (except those in Part 2) are open to inspection by members of the public. Further information is available from the contact officer named below.

Contact Officer: Claire Edwards Tel. No : (0161) 793 2602 Senior Democratic Services Officer Email : [email protected] Customer & Support Services Date: 28th May, 2014 Salford Civic Centre, Chorley Road Swinton, M27 5DA

NOTE: At the conclusion of the Panel, Members will convene in a briefing session to reflect on any issues arising during the meeting, the notes of which will be submitted at a future Chair’s Briefing.

2 ITEM 4

PLANNING AND TRANSPORTATION REGULATORY PANEL

15th May, 2014

Meeting commenced: 9.30 a.m. “ adjourned: 11.30 a.m. “ reconvened: 11.45 a.m. “ ended: 12:40 p.m.

PRESENT: Councillor Mashiter - in the Chair Councillors Antrobus, E. Burgoyne, K. Garrido, Hunt, Kean, J. Murphy, Pugh, G. Wilson and R. Wilson

Councillor Blower during consideration of all items except planning application reference 14/64489/FUL (Irlam Railway Station, Station Road, Irlam).

Please note that a list of persons in attendance (including any Ward Councillors) in respect of matters referred to in Minute 101 is included at Appendix A.

The Chair made reference to the recent sad death of former Councillor, Stan Witkowski, who had previously served on the Panel. Panel Members and those present at the meeting observed a period of silent tribute.

98. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors Critchley, Lea, Ord and Turner and Mr. J. Wheelton.

99. DECLARATIONS OF INTEREST

There were no declarations of interest.

100. MINUTES OF PROCEEDINGS

RESOLVED: THAT the minutes of the meeting held on 3rd April 2014 be agreed as a correct record.

101. APPLICATIONS FOR PLANNING PERMISSION

(Full details of the matters referred to in this Minute are contained in the report of the Strategic Director for Environment & Community Safety, as amended, in the case of the applications marked * in the supplementary report).

RESOLVED: THAT, following consideration by the Panel, the under-mentioned applications for planning permission were determined, subject to the conditions listed in the above report(s), as indicated below:-

Application Number/ Site Development Decision Applicant

13/63927/FUL 20 Oaklands Road Erection of a single Granted, subject to Scotinvest Ltd Salford storey house for approval of the materials M7 3PY assisted living submitted in accordance with Condition 5 being delegated to the Chair, in consultation with Councillor G. Wilson.

*14/64489/FUL Irlam Railway Construction of 66 Granted, subject to (a) Ms Sarah Mee – Station space park and ride the inclusion of a Transport for Station Road car park, 10 additional considerate contractor’s Greater Manchester Irlam spaces for private use, condition, (b) Condition 5 together with being amended to require associated lighting, provision of replacement drainage infrastructure, trees within the car fencing, CCTV, cycle parking area, and (c) store and landscaping Condition 9 being amended to ensure that the drainage provision, in the first instance, is provided by way of a Sustainable Urban Drainage Scheme.

*13/64115/FUL Station House Refurbishment and Granted Mr James Cooper – Station Road reinstatement of North Cheshire Irlam station building to form Developments M44 5ZR offices, cafe, waiting Limited and function room (class A1/A3 and A4 mixed use) plus self contained apartment and associated work, including new verandah, alterations to elevations, demolition of existing lean to and erection of a single storey side extension, replacement fencing/gates comprising 2.1m mesh fencing and creation of

4 Application Number/ Site Development Decision Applicant

a bin store (resub of 13/63943/FUL)

14/64423/FUL Monton House Change of use from Granted Mr David Cohen 19-21 Monton office A2 (financial and Green professional) to The Panel requested that Eccles nursery D1 (non- (a) the ‘Monton House’ M30 9LE residential institution) advertisement on the together with front elevation of the construction of new building is taken down ramp access and when implementing the alterations to development - failure to elevations do so may result in a discontinuance notice being served, and (b) the applicant be reminded that any replacement advertisement(s) may require the express consent of the Local Planning Authority.

*14/64476/REM Land To Northwest Details of reserved Granted Mr Richard Of Stanley Street matters application for Robinson – English (Site Of Ralli access, appearance, Cities Fund Courts) landscaping, layout Salford and scale for development of Plot B4 (“One New Bailey”) for erection of an 8 storey office building (use class B1) with commercial ground floor units (uses classes A1 to A5, B1 or D1); together with associated servicing and access and formation of new public square (part of) associated public realm, pursuant to outline planning permission 09/57950/EIAHYB

102. PLANNING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

The Strategic Director for Environment & Community Safety submitted a report containing details of planning applications which he had determined under delegated authority during March, April and May 2014, and were not, therefore, for consideration by the Panel.

RESOLVED: THAT the content of the report be noted.

103. PLANNING APPEALS

A report of the Strategic Director for Environment and Community Safety was submitted which detailed an appeal that had been determined during March 2014.

RESOLVED: THAT the content of the report be noted.

104. ENFORCEMENT ACTIVITY FROM 1ST JANUARY TO 31ST MARCH 2014

The Strategic Director for Environment & Community Safety submitted a report detailing enforcement activity from 1st January to 31st March 2014. The report analysed current enforcement data in relation to complaints received and complaints closed during the quarter, as well as complaints received by ward, complaints outstanding by ward, prioritisation of complaints and complaints closed by category for the financial year.

RESOLVED: (1) THAT the content of the report be noted.

(2) THAT the officers involved be thanked for the work that had been undertaken.

APPENDIX A - LIST OF ATTENDEES

9.30 SESSION

APPLICATION REF/ OBJECTING IN FAVOUR ADDRESS

13/63927/FUL David Bitan 20 Oaklands Road Salford M7 3PY

14/64489/FUL Angela West* Councillor Walsh* Irlam Railway Station Barbara Edmunds Station Road Shirley Myles* Irlam Janice Higginbotham Mrs. Lever

13/64115/FUL Angela West* Mr. Cooper* Station House Barbara Edmunds Mr. Chisnall Station Road Shirley Myles* Councillor Walsh* Irlam Janice Higginbotham M44 5ZR Mrs. Lever

14/64423/FUL James Blythe* Mike Fisk* Monton House Jean Blythe Ruth Jackson* 19-21 Monton Green Eccles M30 9LE

11.30 SESSION

APPLICATION REF. OBJECTING IN FAVOUR

14/64476/REM Richard Purser* Land To Northwest Of Richard Robinson Stanley Street Michael Clarke* (Site of Ralli Courts) Salford

* Indicates persons who made representations to the Panel.

7 ITEM 5

REPORT

Strategic Director for Environment and Community Safety

To the

Planning & Transportation Regulatory Panel

5th June 2014

Planning Applications and Related Development Control Matters

(Not considered to contain exempt information)

Non-members of the panel are invited to attend the meeting during consideration of any applications included within the report in which they have a particular interest.

MAIN REPORT

PLANNING AND TRANSPORTATION REGULATORY PANEL

THE LOCAL GOVERNMENT ACT 1972-SECTIONS 100A-100K

LIST OF BACKGROUND PAPERS

The “Background Papers” relating to all reports on Planning Applications appearing in this report are: -

1. The appropriate ‘Development Information Folder’ for each planning application on the Agenda. The contents of the folder include the following documents:

(a) The submitted planning application (forms, plans and supporting documents and Information)

(b) Correspondence with statutory and other consultees;

2. Any previous planning applications and subsequent Decision Notices (if issued referred to in each planning application report on this Agenda.

3. Any Tree Preservation Order referred to in each planning application report on the agenda.

4. Any Conservation Area Plan referred to in each planning application report on the agenda.

5. The “Standard Planning Conditions Etc…’Booklet’.

6. Papers specifically listed under a heading “Other Background Papers” in any planning report on the agenda.

These Background Papers can normally be inspected between the hours of 8.30 am and 4.30 pm on any weekday (except Bank Holidays) at Urban Vision Partnership Ltd reception at Emerson House, Albert Street, Eccles. Whilst background papers will be made available for inspection as quickly as possible, immediate access cannot be guaranteed. It is therefore advisable wherever practical, to make an appointment by telephoning (0161) 779 4852. Alternatively the planning application forms, plans and supporting information is available on the Council’s web site http://publicaccess.salford.gov.uk/publicaccess/

Publications

In considering planning applications or legal action, the City Council has regard to a wide range of published documents, although not ‘Background Papers’ for the purposes of the Local Government Act 1972 – Sections 100A-100K, are nevertheless important to the consideration of these matters.

The Government in particular has published a large number of circulars and Statutory Instruments in addition to the primary legislation and these are available from Her Majesty’s Stationery Office, which has a bookshop in Manchester.

The following Local Authority publications are available for inspection at Emerson House, Albert Street, Eccles , they can also be viewed on the Council’s web site http://www.salford.gov.uk/planning-policy.htm

If you do not have personal access to the Internet, free access is available to registered members at each of the sixteen libraries in the city.

 Design and Crime – SPD  Trees and Development – SPD  House Extensions – SPD  Housing Planning Guidance  Salford Green Space Strategy – SPD  Nature Conservation & Biodiversity – SPD  Lower Broughton Design Code – SPD  Ellesmere Park – SPD  Hot Food Take Aways - SPD  Telecommunications - SPD  Planning Obligations - SPD  Sustainable Design and Construction SPD  Design SPD  Education Contributions SPD

The following Planning Guidance documents have been adopted by the City Council:

 The Exchange, Greengate  Mediacity:uk & Quays Point  Housing Planning Guidance  Claremont and Weaste Neighbourhood Plan  Salford City Council - UDP Policy E5: Development in Established Employment Areas  Flood Risk and Development Planning Guidance  Salford central  Irwell City Park  Ordsall Riverside  Pendleton Planning Guidance

10 Amendments/Additional Information received after the completion of this series of reports

Any amendment/additional information, such as amendments to planning applications, additional information from applicants or consultees, representations from interested parties, etc…. received AFTER the preparation of this series of reports will be reported at the Panel meeting together with any changes to my recommendation.

11 PLANNING & TRANSPORTATION REGULATORY PANEL

Set out below are details of all of the items which will be considered by the Planning and Transportation Regulatory Panel at their meeting. Some of these applications may be subject to a s.106 legal agreement (planning obligation). Where this is the case it will be stated next to the recommendation using the code ‘S106’ as detailed in the list of codes below.

Ward Members may make representations to the Panel on all items below including those with an associated s.106 legal agreement.

INDEX REPORT

DATE: 05.06.2014

RECOMMENDATION PER = Approve AUTH = Consent

REF = Refuse FUL = Full application ADV = Advert Application OUT = Outline Application HH = Householder Application

REM = Reserved Matters COU = Change of use LBC = Listed Building Consent CON = Conservation Area Consent

S106 = Subject to a S106 Obligation

Eccles

14/64545/COU RECOMMENDATION: APPROVE PAGE 14

TIME OF MEETING: 09.30am

PROPOSAL: Removal of condition 1 (Parking) from planning permission 02/44212/COU (retention of use of former nursing home to day nursery)

LOCATION: Nutkins Nursery 15 Half Edge Lane Eccles M30 9AY

APPLICANT: Ms Zarina Halsall - Nutkins Nursery Ltd

12 Eccles

14/64584/ADV RECOMMENDATION: APPROVE PAGE 20

TIME OF MEETING: 09.30am

PROPOSAL: Retrospective planning application for the display of one freestanding sign

LOCATION: Nutkins Nursery 15 Half Edge Lane Eccles M30 9AY

APPLICANT: Ms Zarina Halsall - Nutkins Nursery Ltd

Worsley

14/64603/FUL RECOMMENDATION: APPROVE PAGE 26

TIME OF MEETING: 09.30am

PROPOSAL: Erection of a first floor dining terrace to rear with extension of wine cellar and relocation of bin store and alterations and relocation to existing fire escape

LOCATION: Georges Restaurant 17 - 21 Barton Road Worsley M28 2PD

APPLICANT: Mr Bernie Taylor

Ordsall

11/60256/HYB RECOMMENDATION: APPROVE PAGE 36

TIME OF MEETING: 09.30am

PROPOSAL: Variation of existing Section 106 agreement in relation to - Partial demolition of viaduct structure. Full Planning Permission for a 10-storey class B1 office building (building 101). Outline Planning Permission for a 9-storey class B1 office building (Building 100) - approval sought for access, layout, and scale. Full Planning Permission for a 448 space car park together with class A1,A2,A3,A4 and B1 retail/commercial units

LOCATION: Land Bounded By The River Irwell, Chapel Street, Greengate And The Former Liverpool To Manchester Railway Line

APPLICANT: Ask Property Developments Ltd/Network Rail

13 PLANNING & TRANSPORTATION REGULATORY PANEL PART I SECTION 1: APPLICATIONS FOR PLANNING PERMISSION 5th June 2014 http://publicaccess.salford.gov.uk/publicaccess/simpleSearchResults.do?action=firstPa ge

APPLICATION No: 14/64545/COU APPLICANT: Ms Zarina Halsall - Nutkins Nursery Ltd LOCATION: Nutkins Nursery , 15 Half Edge Lane, Eccles, M30 9AY PROPOSAL: Removal of condition 1 (Parking) from planning permission 02/44212/COU (retention of use of former nursing home to day nursery) WARD: Eccles

Description of Site and Surrounding Area

This planning application relates to a semi-detached property on the north side of Half Edge Lane in Eccles. The property is located within the Ellesmere Park Conservation Area. The area is predominantly residential in nature however on the opposite side of Half Edge Lane there is a primary school and an office building.

The property is currently in use as a children’s nursery. The external area of the site is predominantly utilised for outdoor play space and pedestrian access to the site is provided off Victoria Crescent which is situated to the rear of the property.

Description of Proposal

This application seeks to remove a condition attached to planning approval 02/44212/COU which sought retrospective planning permission for the retention of use of former nursing home as day nursery. The condition which this application seeks to remove reads:

Not less than four car parking spaces shall be provided within the curtilage of the site to the satisfaction of the Director of Development Services and such spaces shall be made available at all times the premises are in use.

The reason for this condition was to ensure that adequate provision is made for the parking of vehicles within the curtilage of the site in accordance with policy T13 of the City of Salford Unitary Development Plan adopted in 1995.

It is understood that car parking spaces were provided to the rear of the property off Victoria Crescent, however it is unclear how these spaces were laid out and the number of spaces that were actually provided. These spaces have subsequently been removed as a fence has been erected along the boundary with Victoria Crescent. This matter was bought to the attention of the Enforcement Team which has resulted in the submission of this application. The applicant has confirmed that the fencing, which has prevented use of the car parking spaces, has been in situ for four years.

Publicity

A site notice was displayed on the 14th April 2014 and the matter was publicised in the Advertiser on the 3rd April 2014.

Neighbour Notification

46 neighbouring properties were notified of the planning application on the 24th March 2014.

Representations

Ten letters from five households have been received in response to publicity, including a petition with the signatures of twenty people and correspondence from the Ellesmere Park Residents Association. The issues raised are summarised below: 15  The parking spaces have already been removed.  Insufficient information has been offered by the applicant to justify the removal of car parking spaces  Information submitted does not draw out that staff working patterns overlap.  The removal of spaces results in staff parking on the highway and this results in less space for customers.  The road never gets swept due to the number of cars parked along the highway  Cars parked on the highway prevent access to private driveways and garages which leads to disputes and confrontation between residents and employees of the nursery. A list of car number plates for persistent offenders have been provided.  The area which was used for parking vehicles is now used as a bin store which is a fire hazard, smells and unsightly in the conservation area.  Car parking should be reinstated and additional spaces provided  The continuous drop off and pick up throughout the day causes more disturbance than a school which is has drop of and pick up at two set points in a day.  The management at the nursery appear to do works prior to obtaining relevant planning permissions.  A security light erected on the rear of the building is intrusive for neighbouring residents  Children and residents enter the building from the rear of the building now rather than the side facing the green due to the removal of the car parking spaces which causes noise and disturbance.

Consultations

Highways - On-street parking is available in the area and no complaints have been received regarding the operation of this business. As such there are no objections to the removal of this condition. There is no requirement for TROs and there is no impact on the Public Rights of Way network.

Unrestricted car parking is available on Victoria Crescent and Clarendon Crescent and the dwellings along Victoria Crescent benefit from off street car parking provision.

Relevant Site History

02/44212/COU - Retention of use of former nursing home as day nursery - Approve - 11 July 2002 00/41339/FUL - Siting of two portable buildings for use as extension to existing nursery - Refuse - 1 December 2000 92/30565/FUL - Erection of extension - Refuse - 17 February 1993 95/34235/FUL - Erection of 2 storey extension to provide additional bedrooms - Approve - 15 November 1995 14/64584/ADV - Retrospective planning application for the display of one freestanding sign - Pending Decision

16 Planning Policy

Development Plan Policy

Unitary Development Plan A8 - Impact of Development on Highway Network This policy states that development will not be permitted where it would i) have an unacceptable impact upon highway safety ii) cause an unacceptable restriction to the movement of heavy goods vehicles along Abnormal Load Routes.

Unitary Development Plan A10 - Provision of Car, Cycle, Motorcycle Park This policy states that there should be adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s minimum standards; maximum car parking standards should not be exceeded; and parking facilities should be provided consistent with the provision and maintenance of adequate standards of safety and security.

Unitary Development Plan CH3 - Works Within Conservation Areas This policy states that work in conservation areas will only be permitted where it would preserve or enhance the character or appearance of the conservation area. Consideration will be given to the extent that the proposal i) retains or improves features that contribute to the character or appearance of the conservation area ii) are of a high standard of design iii) retains mature trees iv) secures environmental improvements and enhancements v) protects views into an out of the conservation area.

Unitary Development Plan DES1 - Respecting Context This policy states that development will be required to respond to its physical context and respect the positive character of the local area in which it is situated and contribute towards a local identity and distinctiveness.

Unitary Development Plan DES7 - Amenity of Users and Neighbours This policy states that all new development, alterations and extensions to existing buildings will be required to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of occupiers or users of other development.

Other Material Planning Considerations

Supplementary Planning Document SPD7 - Ellesmere Park The policy document is designed to raise awareness of the need for and value of good design in Ellesmere Park, and how it can be achieved for the benefit of all involved.

National Planning Policy

National Planning Policy Framework

Local Planning Policy

It is not considered that there are any local finance considerations that are material to the application

17 Appraisal

The main issue in the determination of this planning application is whether an additional four cars parked on the highway would have a detrimental impact on the highway safety or the amenity of neighbouring residents.

There have been a number of objections to the proposal and whilst it is acknowledged that the car parking spaces have been removed prior to the submission of this application, the applicant is in breach of a planning condition (and has been for four years since the fencing was erected) but has submitted an application to regularise this.

The applicant has submitted a statement in support of the planning application. This confirms that the nursery operates between the hours of 7am to 6pm and employs 20 members of staff (14 full time and 6 part time). The staff work shifts of 7am to 4pm/8am- 5pm/9am-6pm. The applicant has also provided a tally of parents dropping off and collecting children by car during a typical week, this is set out below:

Time Monday Tuesday Wednesday Thursday Friday 7-8 am 9 8 8 11 7 8-9 am 11 16 9 5 8 9-10 am 9 9 5 7 6 11 am – 2 1pm 2 pm – 3 1 1 1 1 pm 3 pm – 4 7 3 7 7 7 pm 4 pm – 5 5 7 11 7 9 pm 5 pm – 6 10 10 4 7 7 pm

Using the data above it can be observed that the busiest period is a Tuesday morning between 8am to 9am and equates to one child being dropped off every 4 minutes. In the morning between 7am and 9am the average equates to one drop off every 6 minutes. However, an important consideration is the availability of unrestricted on-street car parking along both sides of Victoria Crescent and Clarendon Crescent. It has been evident from numerous site visits that on street parking is readily available. It is acknowledged at school pick up and drop off times more demand is placed on the capacity of the highway to provide parking provision nearby the schools; Clarendon Road Primary School and Clarendon Cottage Prep School which are both situated on Clarendon Road to the south of the application site.

The Council’s highway officer has reviewed the proposal and has no objection to the removal of the condition as on-street parking is available.

The NPPF states that planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits. In this case whilst the amenity concerns of the neighbouring residents and are acknowledged it is considered that there is suitable on street car parking provision for an additional four cars on the highway. Given the nature of the business where parents arrive at

18 times staggered throughout the day it is considered that the removal of these car parking spaces would not have a detrimental impact on highway safety.

It is also considered that an increase demand on on-street car parking would not have an unacceptable detrimental impact on the character or appearance of the Conservation Area.

Other Issues

In relation to objections regarding the bins, the removal of the car parking spaces has resulted in the area being used for bin storage. The bins are movable and are not placed in any permanent structure and as such planning permission is not required for this aspect. Concerns regarding the position of security lighting have been raised with the applicant. It is not considered that issues relating to the sweeping of the road would warrant the refusal of planning permission in this instance.

Conclusion

Given this application seeks to remove a condition of a previous approval it will result in a new planning permission it is therefore important that the relevant conditions are transferred to this permission.

Recommendation

Approve

1. This permission shall relate only to the use of the site for a day nursery and for no other purpose, including any other purpose within Class D1 of the Town and Country Planning (Use Classes) Order 1987.

Reason: To safeguard the amenity of the neighbouring residents in accordance with policies DES1 and EN17 of the City of Salford Unitary Development Plan.

2. The use hereby permitted shall NOT be operated on Saturdays, Sundays and Bank Holidays and shall ONLY be operated between the hours of 0700 and 1800, Monday to Friday.

Reason: To safeguard the amenity of the area in accordance with policy DES1 of the City of Salford Unitary Development Plan.

19 http://publicaccess.salford.gov.uk/publicaccess/simpleSearchResults.do?action=firstPa ge

APPLICATION No: 14/64584/ADV APPLICANT: Ms Zarina Halsall - Nutkins Nursery Ltd LOCATION: Nutkins Nursery, 15 Half Edge Lane, Eccles, M30 9AY, PROPOSAL: Retrospective planning application for the display of one freestanding sign WARD: Eccles

Description of Site and Surrounding Area

This advertisement consent relates to a large semi-detached property which is currently operating as a children’s nursery. The property is located on the edge of the Ellesmere Park Conservation Area which is characterised by large Victorian houses set in generous grounds on long, straight, and wide tree lined streets. The application property is typical of properties within the Ellesmere Park area however it is not located within the Victorian Core..

Half Edge Lane is a main road running through the area and parts of the road, including the application site, are included within the Conservation Area. The adjoining property is residential as are the properties to the rear on Victoria Crescent.To the south is a

20 primary school and residential apartments (across Half Edge Lane). To the east of the property is Clarendon Gardens which is an area of public open space that is also within Conservation Area. Half Edge Lane is a main thoroughfare road and it’s established character is not typical of the Ellesmere Park Conservation Area as described above.

Description of Proposal

Retrospective advertisement consent is sought for the continued display of one freestanding sign. The sign is located along the southern boundary of the site within the curtilage of the property. The sign is pole mounted on 2 aluminium legs 1.6m above ground level. It is 1.22m high and 2.45m wide. The maximum height of the letters and symbols on the sign is 25.4cm and it comprises a white background with pink and blue text. The sign is not illuminated. This application has been submitted following an enforcement complaint and subsequent investigation.

Prior to the erection of the sign which is the subject of this application, there was another sign in situ for a period of over 10 years along the southern boundary – albeit located in a slightly different location along the boundary. This previous sign was located on legs 1.6m above ground level and was 1.7m wide and 1m high.

The photographs below show both the previous sign and that which is the subject of this application.

Previous sign

Sign requiring consent

21 Relevant Site History

This application has been submitted as a result of the following enforcement case:

14/00012/ADV3 – Erection of a number of free standing adverts. The outcome of the complaint was that only one sign would require consent, the sign which is now the subject of this application.

Publicity

Site notice was displayed on the 27th March 2014.

Neighbour Notification

7 neighbours were notified on 25th March 2014.

Representations

6 individual representations have been received and a petition containing a further 7 signatures, all opposing the application. 4 of the objections received are from different occupiers from the same residence.

The following summarises the main concerns:

- The advert contributes to a number of other obstructions in front of the neighbouring property window - Sign is too large and needs to be removed - The sign is not in keeping with the Ellesmere Park Conservation Area - Residents of 13 Half Edge Lane have to see the reverse of the sign from their windows - The sign is unnecessary - The sign blocks views up the road from 13 Half Edge Lane - The sign is an eyesore - The sign is offensive

Consultations

Highways – No objection. Comments as follows:

“The sign is located in the garden of the premises, away from visibility splays and will not mask pedestrians or vehicles. There is no requirement for any Traffic Regulation Order. There is no impact on Public Rights of Way. I therefore have no objections to this proposal”

22 Planning Policy

Development Plan Policy

Unitary Development Plan DEV2 - Advertisements This policy states that consent will only be given for display where they would not have an unacceptable impact on amenity or public safety. All advertisements will be required to:

i) Be of a size and scale consistent with their surroundings; ii) Respect the sensitivity of the location, and minimize any negative impact on residential areas, conservation areas, listed buildings, environmental improvement corridors, public open spaces and the countryside; iii) Avoid creating signage clutter, or changing the character of the area; iv) Avoid the use of intense or intermittent illumination, where this would have a negative impact on visual amenity or highway safety; and v) Where appropriate, incorporate artistic features, landscaping and decorative fencing.

Other Material Planning Considerations

National Planning Policy

The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 Regulation 3 requires that local planning authorities control the display of advertisements in the interests of amenity and public safety, taking into account the provisions of the development plan, in so far as they are material, and any other relevant factors.

National Planning Policy Framework (NPPF) Paragraph 67 of the NPPF states that “poorly placed advertisements can have a negative impact on the appearance of the built and natural environment. Control over outdoor advertisements should be efficient, effective and simple in concept and operation. Only those advertisements which will clearly have an appreciable impact on a building or on their surroundings should be subject to the local planning authority’s detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts”

Local Planning Policy

Supplementary Planning Document - Ellesmere Park The policy document is designed to raise awareness of the need for and value of good design in Ellesmere Park, and how it can be achieved for the benefit of all involved.

23 It is not considered that there are any local finance considerations that are material to the application

Appraisal

The only issues for consideration with this application are the impact of the proposed advertisement on amenity and public safety. The main policies of relevance are UDP policies DEV2 and A8 and paragraphs 67 and paragraph 68 of the National Planning Policy Framework (NPPF) published on the 27th March 2012.

Paragraph 67 of the NPPF states ‘Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts’.

Amenity

The property adjoins a residential property to the west and residential apartments and a primary school across the road. A number of objections have been received regarding the impact of the advertisement on the residential and visual amenity of the area. A similar advertisement (as shown in the photograph above) was in place since 1999 which was replaced within the last 2 years with the advert to which this application relates.

Policy DEV2 requires that advertisements are of a size and scale consistent with their surroundings, respect the sensitivity of the location, avoid creating signage clutter or changing the character of the area, avoid intermittent illumination and where appropriate incorporate artistic features.

The sign is located within the curtilage of the property along its southern boundary, facing Half Edge Lane. The boundary comprises of a wall with railings above, with a total height of approximately 1.6m above ground level. Half Edge Lane is a main road in this area and within the Ellesmere Park Conservation Area. The road comprises a number of uses including residential, school and offices. The uses which are not residential feature signage along the boundaries of their curtilage to advertise the uses that are taking place within these properties. The nursery features 5 signs on and around the property and curtilage, all of which were investigated as part of the enforcement case (14/00012/ADV3). These signs were assessed and it was concluded that only 1 of the signs required advertisement consent; the sign which is now the subject of this application. The remaining 4 signs have been in place since 1999 and as such, are now exempt from advertisement consent. Such signage is a common feature of non-residential uses and is evident along this part of Half Edge Lane, within the Conservation Area. Due to the extensive size of the property and curtilage, it is considered that the dimensions of the sign are of a scale consistent with the property and surrounding area. In comparison, the Clarendon Business Centre diagonally across the road features a larger sign on the corner of Half Edge Lane and Clarendon Road. The sign is not illuminated and therefore does not result in glare into the nearby residential properties and it is not considered to change the character of the area due to the presence of other, similar adverts close by. Although the property features a number of signs, as they exist on various elevations, they are not visible all together at the same time as the advert subject to this application. Due to this, , it is not considered that the sign hereby applied for would result in unnecessary and unacceptable signage clutter.

24 Given that the NPPF is clear that the principle issues for considering advertisement is amenity and public safety it is important to have regard to policy CH3 of the unitary development plan. This policy seeks to retain features that contribute to the character or appearance of the Conservation Area and protects views into and out of the Conservation Area. Half Edge Lane is a main thoroughfare road and its established character is not typical of the Ellesmere Park Conservation Area and the Victorian Core. As the sign is located within the curtilage of the property, it is not considered to hinder views into and out of the Conservation Area. As set out above, such signage is a feature that already exists within the Conservation Area and as such, it is not considered that the presence of this sign would alter the character of this part of the Conservation Area, Furthermore, whilst there are other forms for signage in the locality, it is not considered that this sign would result in an unacceptable cumulative impact on the visual amenity of the area due to the fact that the characteristics of Half Edge Lane depart from the typical traditional features and character of the Conservation Area,

Although objections have been made with regard to residential and visual amenity, a number of the objections are subjective views on adverts and are not relevant concerns in the assessment of this application. The fact that the sign is visible to residents does not warrant a refusal of advertisement consent. The relevant concerns raised in terms of the sign not being in keeping with the Conservation Area and being too large have been addressed in the above assessment.

Having regard to the provisions of the development plan and the NPPF it is not considered that the retention of this advert is harmful to the amenity of the area.

Public Safety

The sign is located away from visibility splays and does not mask pedestrians or vehicles. Given that the signage is located within the premises it is not considered that it would provide any areas of concealment which could impact upon public safety. Highways have not objected to the application and as such it is not considered that the advert impacts upon public safety or highway safety, as set out in the NPPF and development plan.

Conclusion

It is therefore considered that the advertisement does not have an unacceptable detrimental impact on the street scene or the character of the Ellesmere Park Conservation Area, nor does it have an adverse impact on highway or public safety in accordance with Policy DEV2 and A8 of the UDP and paragraphs 67 and 68 of the NPPF.

As the application is retrospective, it is not necessary to attach conditions and the advertisement consent should be approved unconditionally.

Recommendation

Approve unconditionally

http://publicaccess.salford.gov.uk/publicaccess/simpleSearchResults.do?action=firstPa ge

APPLICATION No: 14/64603/FUL APPLICANT: Mr Bernie Taylor LOCATION: Georges Restaurant, 17 - 21 Barton Road, Worsley, M28 2PD PROPOSAL: Erection of a first floor dining terrace to rear with extension of wine cellar and relocation of bin store and alterations and relocation to existing fire escape WARD: Worsley

Description of Site and Surrounding Area

The development proposal relates to Georges Restaurant, a 2 storey Victorian building located within a terraced row to the south-west of Barton Road (the B5211). The site is located within the Worsley Village Conservation Area with the Bridgewater Hotel Public House/restaurant to the south, residential semi-detached properties to the west, commercial properties to the north and a grassed open area adjacent to the Bridgewater Canal to the east with Worsley Green beyond.

26 Description of Proposal

The applicant proposes to construct a 2.6m high ‘L-shaped’ rear and side external dining area at first floor level running along the restaurant’s south-west and south-east elevations. The terrace would provide 53 square metres of additional external floor space to accommodate an extra 40 dining covers. The dining area would comprise of a continuous exposed steel C-section supported by steel support poles with a 1.1m glass balustrade and timber decking. To facilitate the proposal, the existing wine cellar pitched roof would be removed and replaced with a flat surface. The wine cellar would also be extended to the current line of the kitchen to provide additional storage. The existing detached bin store would be relocated beneath the new dining area and enclosed by timber louvered shutters. The external fire-escape stairway would be repositioned to the side of the current bin store.

The requested hours of use for the external terrace area are from 12:00 to 23:00 Monday to Friday, 10:00 to 23:00 on Saturdays and 10:00 to 21:30 on Sundays and Bank Holidays.

Relevant Site History

98/38599/COU: Change of use from shop to restaurant, single storey extension to rear to provide kitchen and canopy to front. Withdrawn.

99/39506/FUL: Alterations and rear extensions to restaurant at No. 17, alterations to ground floor A1 retail shop front at 19-21 and change of use of first floor to B1 office use; with associated car parking to rear. Permitted 16 June 1999.

99/40048/FUL: Alterations and rear extensions to restaurant at no.17, alterations to ground floor A1 retail shop front at 19-21 and change of use of first floor to B1 office use without complying with condition 4 on planning permission 99/39506/FUL. Permitted 2 March 2000.

01/42727/COU: Change of use 19/21 and 1st floor 17 Barton Rd to create one restaurant, erection of single storey rear extension ,alterations to front/side elevations, laying out car park to rear, erection of 3 two storey offices and car park to rear 13-15 Barton Road. Refused 18 October 2001.

01/42739/COU: Change of use of 19/21 and first floor of 17 Barton Road to form one restaurant with erection of single storey rear extension alterations to elevations, new entrance canopy and formation of car park to rear. Permitted 15 November 2001.

02/43622/COU: Change of use of 19/21 and first floor of 17 Barton Road to form one restaurant with erection of two storey rear extension, alteration to elevations, new entrance canopy and formation of car park to rear (amendment to 01/42739/COU). Permitted 21 March 2002.

02/44707/FUL: Retention of alterations to front elevation. Permitted 23 October 2002.

03/45842/FUL: Erection of one ground floor and two first floor rear extensions. Permitted 22 May 2003.

27 05/51376/FUL: Erection of two storey rear extension and single storey rear extension and reposition existing external staircase. Permitted 9 December 2005.

13/63829/FUL: Refurbishment of existing premises with alterations to the front elevations to include replacement of bay windows with folding French doors and a new entrance porch. Approved 8 November 2013.

14/64330/FUL: Refurbishment of existing premises with alterations to the front elevations to include replacement of bay windows with folding french doors and a new entrance porch, with variation of condition 4 (extension of opening hours of external dining area) attached to planning permission 13/63829/FUL. Permitted 25 March 2014.

Publicity

A site notice was displayed on 6 May 2014. A press advert was also published in the Salford Advertiser on 8 May 2014.

Neighbour Notification

Neighbours were notified by post on 29 April 2014

Representations

11 letters of objection have been received in relation to the planning application raising the following issues:

1. Inadequate screening of terrace and therefore loss of privacy to properties on Heathfield. 2. The proposed dining terrace will undermine local amenity in terms of noise and disturbance. 3. Hours of use for the terrace up until 11pm are considered to be unacceptable by a number of objectors. One objector requested that the terrace should not be used after 9pm. 4. The restaurant is increasingly being used by some as just a drinking establishment and there is concern that the outside area may be used for such purpose. 5. Upstairs can now be used for parties and functions. 6. Concern over pressures on parking. 7. Heaters should not be permitted to dissuade use of the area for drinking only when it is cold. 8. Concerns regarding the impact of any light emanating from the terrace and if the terrace is not being used lights should always be switched off. 9. Concern regarding noise levels specifically from music playing from the terrace.

28 Consultations

Community police officer – No comments received to date

Worsley, Boothstown, Ellenbrook Neighbourhood Manager - No comments received to date

Highways - No objections. Advice received is set out in the appraisal section of the report.

Senior Engineer Flood Risk Management - No comments received to date

Urban Vision Environment (Air And Noise) – No objections. Advice received is set out in the appraisal section of the report.

Planning Policy

Development Plan Policy

Unitary Development Plan DES8 - Alterations and Extensions This policy states that planning permission will only be granted for alterations or extensions to existing buildings that respect the general scale, character, rhythm, proportions, details and materials of the original structure and complement the general character of the surrounding area.

Unitary Development Plan DES10 - Design and Crime This policy states that developments must be designed to discourage crime, antisocial behaviour, and the fear of crime. Development should i) be clearly delineated ii) allow natural surveillance iii) avoid places of concealment iv) encourage activity within public areas.

Unitary Development Plan ST4 - Key Tourism Areas This policy states that the following areas will be protected and enhanced as tourism destinations and tourism development will be focused primarily within 1. Salford Quays 2. Chapel Street 3. Worsley Village, Barton Swing Aqueduct and the Bridgewater Canal Corridor.

Unitary Development Plan ST15 - Historic Environmental This policy states that historic and cultural assets that contribute to the character of the city will be preserved and wherever possible and appropriate, enhanced.

Unitary Development Plan EN17 - Pollution Control This policy states that in areas where existing levels of pollution exceed local or national standards, planning permission will only be granted where the development incorporates adequate measures to ensure that there is no unacceptable risk or nuisance to occupiers, and that they are provided with an appropriate and satisfactory level of amenity.

Other Material Planning Considerations

National Planning Policy

National Planning Policy Framework

Local Planning Policy

Supplementary Planning Document - Design This document reflects the need to design in a way that allows the city to support its population socially and economically, working with and inviting those affected into an inclusive decision making process. Equally, development must contribute to the creation of an environmentally sustainable city supporting the natural environment minimising the effects of, and being more adaptable to, the potential impact of climate change.

Supplementary Planning Document - Design and Crime This policy document contains a number policies used to assess and determine planning applications and is intended as a guide in designing out crime.

Appraisal

Following the publication of the National Planning Policy Framework (NPPF) it is necessary to consider the weight which can be afforded to the policies of the Council’s adopted Unitary Development Plan (paragraph 215 NPPF 27th March 2012). In terms of this application it is considered that the relevant policies of the UDP can be afforded 30 due weight for the purposes of decision making as the relevant criteria within the UDP policies applicable to the proposed development are consistent with the policies contained in the NPPF.

Principle

A restaurant and more recently ‘Georges Restaurant’ is well established at this site and affords a valued community service through its provision of a dining venue for the local and wider area. It is noted that the application site is positioned close to several bus routes and is near to shops, social and community facilities within Worsley Village, thereby facilitating linked trips. As such it is considered that the proposed external dining area, through its provision of increased capacity, will contribute to the maintenance of a sustainable local urban neighbourhood. Worsley Village is a key tourism area within the City of Salford and it is considered that the proposal will result in the provision of enhanced facilities for tourists and residents alike. Therefore, in broad terms, it is considered that the principle of development is acceptable. The remainder of the appraisal considers issues of detail.

Amenity

It is noted that a key objection raised is that allowing the development will have an adverse amenity impact in terms of noise, light and loss of privacy from the proposed terrace dining area. Several objectors have also highlighted potential problems relating to late night drinking within the external terraced dining area.

With reference to these concerns it is accepted that the proposal would indeed result in increased noise from the site. An acoustic report has been submitted in support of the application and concludes that should the scheme be implemented ambient noise levels are predicted to be lower than the lowest background noise level. Urban Vision Environment agree with these conclusions and have no objections to the proposal subject to a number of conditions being imposed including: a limit placed on the capacity of the outside terrace to 40 diners/customers at any one time; no music to be played on the external terrace or speakers to be installed; also doors between internal and external dining areas to remain closed other than during access and egress. Conditions are recommended in relation to these aspects.

It is noted that the requested opening times for this application are from 12:00 to 23:00 Monday to Friday, 10:00 to 23:00 on Saturdays and 10:00 to 21:30 on Sundays and Bank Holidays. In light of the conclusions reached in the acoustic report and advice received from Urban Vision Environment a condition is recommended to restrict the hours of operation of this dining area to those set out in the submitted information.

Two further conditions have been recommended from colleagues in Urban Vision Environment in relation to servicing and boundary treatment. However, given that this proposal seeks an extension to an existing operation, it is not considered reasonable or necessary in this case to further restrict the existing servicing operations. Similarly, whilst additional boundary treatment such as trees would, in time, reduce the potential visibility of the terrace to the neighbouring residents, it is clear from the acoustic assessment and other recommended conditions that the proposal would not result in unacceptable noise levels. Therefore, it is not considered necessary to require additional landscaping and boundary treatment above that which is already evident along the rear common boundary. 31

Whilst it is accepted that the Bridgewater Public House (15 metres to the south) does contain a staff apartment it is felt that occupants of this flat already live above a busy public house and therefore would not be unduly affected by this current proposal..

Overlooking from the relocated external staircase is not considered to be an issue given this will be situated closest to the adjoining newsagents with offices above and commercial units to the rear. Any loss of privacy/overlooking and impact of light emanating from the terrace is also considered to be minimal given distances between the proposed terrace and residential properties. The back garden of the nearest residential property (12 Kenwood Lane) is located approximately 18 metres to the west of the site, with the rear elevation of the property being approximately 37 metres away. The common boundary at this point comprises of a 2 metre high wood panel fence with screening vegetation. The back garden to the rear of the nearest residential property to the south west, 10 Heathfield, is approximately 48 metres away, with the rear elevation of this property being approximately 61 metres away. This property is partly screened by a 1.8 metre high wooden panel rear boundary fence, together with an intervening 1.5 metre high brick wall which separates the applicant’s site from the Bridgewater Public House.

Regarding concerns relating to late night drinking it is noted that the local community liaison police officer has been consulted although no response has been received. Notwithstanding, the premises already benefit from a licence covering both the building and external private forecourt and therefore the requested external dining area does not in itself require a new or revised license permission.

Subject to the above and taking all matters into consideration it is considered that the development would comply with saved UDP policies DES7 and EN17 and would not have an unacceptable impact on the amenity of the occupiers and users of other nearby developments.

Parking/highways impact

The proposal if approved will result in an additional 40 dining spaces. No parking spaces would be lost through implementation of this proposal and no additional parking spaces would be created. The application site has a surface car park to the rear with 9 spaces, including a disabled space. In addition it is noted that Penny Black Court, a terrace of 3 commercial units to the rear of the site, has a separate car park with 4 spaces, with access provided through the restaurant’s car park. There is also an existing public car park just to the north and planning permission has recently been granted for an additional 11 car parking spaces through permission reference 13/63629/FULEIA.

Within the submission there are details of the operation of the business and shows that the construction of this outside dining area would not result in a significant overall increase in trade due to the limits on the kitchen size and that diners would tend to use differing areas of the restaurant dependant on the weather. In view of the overall capacity of the restaurant, which this is not predicted to increase significantly, it is not considered that the proposal would result in an unacceptable number of visitors placing additional demand on parking. Therefore, it is not considered that the proposal would 32 result in a severe impact upon the highway network. Furthermore, there are no highway objection to the scheme and for the above reasons the scheme is considered to comply with saved UDP Policy A10.

Design and heritage

The site forms part of the Worsley Village Conservation Area and the proposal will be partly visible from the rear of the residential properties to the south west and west of the site. These adjacent residential properties are however located outside of the conservation area. It is noted that the side element of the proposed development will be partly visible when moving north along Barton Road and looking west from the Grade II listed Bridgewater Canal footbridge albeit a long view through a number of protected trees.

The ‘L’ shaped dining terrace will sit partial atop the extended wine cellar and will be supported by steel posts. The balustrade that will enclose the terrace will be constructed from transparent glass. All fixings will be hidden. The balustrade will sit on top of an exposed steel channel running the perimeter of the terrace and it will be painted to complement the existing restaurant. The terrace flooring will comprise of timber decking. The extension to the wine cellar will match the existing in finish and colour. It is felt that the proposed design, materials and fixtures would be in keeping and complement the original building within the conservation area.

The proposed design details are considered to be sympathetic to the design of the current building. The side elevation of the terrace will be visible which will include the glazed balustrade with seating visible behind. It is not felt that the limited views of the development would unacceptably undermine the local street scene or views within the conservation area.

Overall, it is considered the proposal’s impact on the character and appearance of the Worsley Village Conservation area would be limited and the proposal accords with saved UDP policies DES1, DES8, ST15 and CH3.

Design and Crime

It is considered that the proposed development will be clearly delineated, allow natural surveillance, avoid places of concealment, and support activity within public areas. As such it is considered that the development will comply with saved UDP Policy DES10 and the Design and Crime SPD.

Access, Circulation and Movement

Access to the external terrace would be via the relocated fire escape, another door would be provided to the side of the toilet corridor at first floor.

The development proposal would not be accessible to customers with limited mobility. The applicant considered the option of adding a lift to provide accessible seating on the terrace but there was not the space or the viability to do so for such a nominal increase in table numbers.

33 It is further explained by the applicant that the recent refurbishment improved access throughout (permission reference 14/64330/FUL) and entrances were all improved. Furthermore the terrace area at the front facing Barton Road is fully accessible.

Other issues

Other issues raised by objectors and not addressed in the main body of the report above include that the upstairs of the premises can now be used for parties and functions. In response, only the terrace requires planning permission and the recommended conditions area considered appropriate to safeguard amenity.

Another objector requested that heaters should not be permitted to dissuade use of the area for drinking only when it is cold. In response, as discussed above predicted noise levels are not considered to be unacceptable subject to the conditions as recommended.

Conclusions

The development proposal is recommended for approval for reasons discussed above and given it is considered to comply with the National Planning Policy Framework, Salford’s adopted Unitary Development Plan (policies saved beyond 21 June 2009), Salford’s Design Supplementary Planning Document and Salford’s Design and Crime Supplementary Planning Document.

Recommendation

Approve

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

Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved plans 0241_03_001 Revision B, 0241_03_000 Revision A and 0241_05_001 Revision C

Reason: For the avoidance of doubt and in the interests of proper planning.

3. The external dining area to the side and rear shall only be used between the hours of 12:00 to 23:00 Monday to Friday, 10:00 to 23:00 on Saturdays and 10:00 to 21:30 on Sundays and Bank Holidays.

Reason: To safeguard the amenity of the area in accordance with policies DES7 and EN17 of the City of Salford Unitary Development Plan.

4. No development shall be started until full details, including colour, of materials to be used for the: timber louvred shutters with integrated double doors; timber decking; and timber handrail of the development have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried

34 out using the approved materials, unless agreed otherwise in writing by the Local Planning Authority.

Reason: To safeguard the character and appearance of the area in accordance with policies DES1, DES8 and CH3 of the City of Salford Unitary Development Plan.

5. The external dining area hereby approved shall not exceed 40 diners/customers at any time.

Reason: To safeguard the amenity of the area in accordance with policies DES7 and EN17 of the City of Salford Unitary Development Plan.

6. No amplified music shall be played on the external terrace area, or external speaker installed.

Reason: To safeguard the amenity of the area in accordance with policies DES7 and EN17 of the City of Salford Unitary Development Plan.

7. Doors between internal and external dining areas shall remain closed other than during access and egress.

Reason: To safeguard the amenity of the area in accordance with policies DES7 and EN17 of the City of Salford Unitary Development Plan.

8. The rating level (LAeq,T) from all fixed plant and machinery associated with the development, when operating simultaneously, shall not exceed the background noise level (LA90,T) by more than -5 dB at any time when measured at the nearest noise sensitive premises. Noise measurements and assessments shall be carried out according to BS 4142:1997 "Rating industrial noise affecting mixed residential and industrial areas". 'T' refers to any 1 hour period between 07.00hrs and 23.00hrs and any 5 minute period between 23.00hrs and 07.00hrs.

Reason: To safeguard the amenity of the area in accordance with policies DES7 and EN17 of the City of Salford Unitary Development Plan.

APPLICATION No: 11/60256/HYB APPLICANT: Ask Property Developments Ltd/Network Rail LOCATION: Land Bounded By The River Irwell, Chapel Street, Greengate And The Former Liverpool To Manchester Railway Line, PROPOSAL: Partial demolition of viaduct structure. Full Planning Permission for a 10-storey class B1 office building (building 101). Outline Planning Permission for a 9-storey class B1 office building (Building 100) - approval sought for access, layout, and scale. Full Planning Permission for a 448 space car park together with class A1,A2,A3,A4 and B1 retail/commercial units WARD: Ordsall

Update

Members will recall that the above scheme was approved in September 2011 following the completion of a legal agreement. This report relates to a request to vary the approved S106 Agreement attached to planning approval 11/60256/HYB.

The existing legal agreement sets out that building 101 (the element granted detailed permission) would generate a contribution of £423,516. This is made up of a £384,360 contribution towards public realm, a £28,827 contribution towards construction training and a 2.5% admin fee.

It has long been envisaged that part of the public realm contribution would be spent on enhancing access to the west podium car park, which would be isolated from the east podium once the railway over Greengate is demolished to allow construction of the approved office building. The enhanced access takes the form of temporary stairs from street to car park level and will ensure that the Greengate and the recently constructed public realm are used by people gaining access to and exit from the existing car park.

It makes sense now, given the imminent start on site of the office development, that the developers contractors Carillion to deliver the temporary stair under licence on land owned by the City Council.

The temporary stair has been costed at £151,783. It is considered appropriate to vary the S106 Agreement to reflect the fact that the temporary stairs are now to be delivered by the developer and therefore the total public realm figure be reduced to reflect the cost of the stairs.

The applicant has also requested that the timing of the payment triggers be amended. The agreed payment triggers within the current legal agreement are 25% on

36 commencement, 25% on the first anniversary of the first payment, 25% on the second anniversary of the first payment and 25% on completion of construction.

The applicant would like this to be varied to be 50% on commencement of development and 50% on the first anniversary of the first payment. It is considered appropriate to agree to this variation.

Recommendation

To vary the existing legal agreement as set out in the report above.

ITEM NO. 6

REPORT OF THE Strategic Director for Environment and Community Safety

TO THE PLANNING AND TRANSPORTATION REGULATORY PANEL

ON 5th June 2014

TITLE: PLANNING APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY

RECOMMENDATION: That the report be noted

EXECUTIVE SUMMARY: To set out details of applications determined by the Strategic Director for Environment and Community Safety in accordance with the Scheme of Delegation

BACKGROUND DOCUMENTS: (Available for public inspection) Details of the applications are available on the Council’s Public Access Website http://publicaccess.salford.gov.uk/publicaccess/default.aspx If you would like to access this information in an alternative format, please contact the planning office on 0161-779 6195 or e-mail [email protected]

KEY DECISION: NO

DETAILS: See attached schedule

KEY COUNCIL POLICIES: Performance Management

EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:N/A

ASSESSMENT OF RISK:N/A

SOURCE OF FUNDING: N/A

LEGAL IMPLICATIONS Supplied by N/A

FINANCIAL IMPLICATIONS Supplied by N/A

OTHER DIRECTORATES CONSULTED:N/A

CONTACT OFFICER: Viv Prytharch 0161 779 4852

WARD(S) TO WHICH REPORT RELATE(S): As specified in the attached schedule

Recommendation

PER = Approve AUTH = Consent

REF = Refuse NO OBJECTION = Allow the scheme as no objections have been received. An example would be used in response to consultations from neighbouring authorities or in relation to prior approvals when no objections have been received DISCON = Discharge of condition – an example would be that the submitted information is approved PDIS = Part discharge of conditions requested – an example of this would be that negotiations are still on-going with regard to some of the requested conditions or the condition is a multi staged condition and part is acceptable NDIS = Not Discharging condition requested – an example would be the submitted information is not acceptable and the decision is to refuse

Application Type

FUL = Full application ADV = Advert Application OUT = Outline Application HH = Householder Application

REM = Reserved Matters COU = Change of use LBC = Listed Building Consent CON = Conservation Area Consent DISCON = Formal Discharge of Condition NMA = Non-Material Amendment MMA = Minor material Amendment DEMCON = Demolition Consultation TPO = Tree Application TEL56 = Telecommunication Notification ART16 = Art16 Notification PDE = General Permitted Development Extension

DELEGATED DECISIONS BY DCM

APPLICATION No: 14/64707/DISCON DATE VALID: 15.04.2014 WARD: Barton APPLICANT:Mr Tahir Toor

LOCATION: Land Adjacent To 125 Philip Street Eccles M30 0NF

PROPOSAL: Request for confirmation of compliance of conditions 2 (Materials), 3 (floor Levels), 4 (drainage), 5 (contaminated land), 6 (Landscape), 7 (Trees on site, Fencing), 10 (approved plans) attached to planning permission 11/60413/FUL

DECISION: Part Discharge of Condition DATE DECISION ISSUED: 16 May 2014 ______

APPLICATION No: 14/64732/PDE DATE VALID: 28.04.2014 WARD: Barton APPLICANT:Darren Johnstone

LOCATION: 7 Bakewell Road Eccles M30 7BD

PROPOSAL: Erection of a single storey rear extension

DECISION: No Objections DATE DECISION ISSUED: 20 May 2014 ______

40 APPLICATION No: 14/64549/HH DATE VALID: 19.03.2014 WARD: Boothsto APPLICANT:Mr Daniel Schofield wn And Ellenbroo LOCATION: 19 Poynt Chase k Worsley M28 1FQ

PROPOSAL: Erection of a first floor front extension, two storey side extension and single storey rear extension.

DECISION: Approve DATE DECISION ISSUED: 12 May 2014 ______

APPLICATION No: 14/64591/HH DATE VALID: 25.03.2014 WARD: Boothsto APPLICANT:Mr H Bradshaw wn And Ellenbroo LOCATION: 24 Edenvale k Worsley M28 1YR

PROPOSAL: Erection of a first floor side extension

DECISION: Approve DATE DECISION ISSUED: 14 May 2014 ______

APPLICATION No: 14/64808/NMA DATE VALID: 07.05.2014 WARD: Boothsto APPLICANT:Ms Louise Morrissey - Peel Investments (North) Ltd wn And Ellenbroo LOCATION: Land Off Vicars Hall Lane And Highclove Lane k Boothstown Salford

PROPOSAL: Application for a non-material amendment to planning permission 13/64234/OUT rewording of condition 13 (Flood Risk Assessment)

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

41 APPLICATION No: 14/64722/DISCON DATE VALID: 28.04.2014 WARD: Broughto APPLICANT:Ms Craig Jones - Countryside Properties (UK) Ltd n

LOCATION: Land Bounded By Great Clowes Street, Upper Camp Street, Hilton Street And Fenney Street Lower Broughton Salford

PROPOSAL: Request for confirmation of compliance of conditions 3, 4, 5, 6, 8, 9, 11, 12, and 13 attached to planning permission 13/63562/FUL

DECISION: Part Discharge of Condition DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 13/64185/FUL DATE VALID: 23.12.2013 WARD: Claremon APPLICANT:The Board Of Governors t

LOCATION: St. Lukes RC Primary School Swinton Park Road Salford M6 7WR

PROPOSAL: Demolition of existing buildings and classroom portacabin, erection of a two storey building to provide 6 No. new classrooms including erection of fire escape, relocation of access gates and play area and formation of new playground area.

DECISION: Approve DATE DECISION ISSUED: 20 May 2014 ______

42 APPLICATION No: 14/64447/DISCON DATE VALID: 21.02.2014 WARD: Claremon APPLICANT:Mr Mark Lewis - Laing O'Rouke t

LOCATION: Site Of Former Oakwood High School Park Lane Claremont Salford M6 7RQ

PROPOSAL: Request for confirmation of compliance of conditions 3, 4, 5, 6, 7, 8, 9, 11, 15, 16, 17 attached to planning permission 13/64043/FUL

DECISION: Part Discharge of Condition DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64569/HH DATE VALID: 28.03.2014 WARD: Claremon APPLICANT:Mr & Mrs S Smith t

LOCATION: 60 Welwyn Drive Salford M6 7PQ

PROPOSAL: Demolition of attached garage and erection of a single storey side extension

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64595/HH DATE VALID: 28.03.2014 WARD: Claremon APPLICANT:Mrs Liz Thompson t

LOCATION: 55 Welwyn Drive Salford M6 7PQ

PROPOSAL: Proposed first floor extension.

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

43 APPLICATION No: 14/64486/HH DATE VALID: 31.03.2014 WARD: Eccles APPLICANT:Mr David Scowcroft

LOCATION: 31 Sandwich Road Eccles M30 9DX

PROPOSAL: Demolition of existing outbuilding and erection of a single storey side and rear extension.

DECISION: Approve DATE DECISION ISSUED: 23 May 2014 ______

APPLICATION No: 14/64531/HH DATE VALID: 18.03.2014 WARD: Eccles APPLICANT:Mr & Mrs Dave Turley

LOCATION: 30 Stafford Road Eccles M30 9HW

PROPOSAL: Demolition of existing garage and erection of a single storey rear extension and two storey side extension

DECISION: Approve DATE DECISION ISSUED: 9 May 2014 ______

APPLICATION No: 14/64617/PDE DATE VALID: 03.04.2014 WARD: Eccles APPLICANT:Mr Richard Yates

LOCATION: 21 Ravensdale Gardens Eccles M30 9JD

PROPOSAL: Erection of a single storey rear extension

DECISION: Approve DATE DECISION ISSUED: 14 May 2014 ______

44 APPLICATION No: 14/64598/TEL56 DATE VALID: 28.03.2014 WARD: Irlam APPLICANT:Mr D Hosker - WHP Wilkinson Helsby

LOCATION: O2 Site No 40665 At Brooklands Farm Parkstone Road Irlam

PROPOSAL: Prior notification for the replacement of existing monopole with a 15m high monopole and 1 no equipment cabinet

DECISION: No Objections DATE DECISION ISSUED: 9 May 2014 ______

APPLICATION No: 14/64383/PRI DATE VALID: 07.02.2014 WARD: Irwell APPLICANT:Network Rail - Mr Michael Gradwell Riverside

LOCATION: Railway Bridge Broughton Road Salford

PROPOSAL: Prior approval for the reconstruction to the bridge at Broughton Lane

DECISION: Permitted development DATE DECISION ISSUED: 13 May 2014 ______

45 APPLICATION No: 14/64410/FUL DATE VALID: 24.03.2014 WARD: Kersal APPLICANT:Broughton Jewish Cassel Fox Primary School

LOCATION: Broughton Jewish Cassel Fox Primary School Legh Road Salford M7 4RT

PROPOSAL: Erection of a first floor extension and alterations to elevations

DECISION: Approve DATE DECISION ISSUED: 19 May 2014 ______

APPLICATION No: 14/64503/FUL DATE VALID: 01.04.2014 WARD: Kersal APPLICANT:Bnei Akivah

LOCATION: Bnei Akiva 72 Singleton Road Salford M7 4LU

PROPOSAL: Erection of a single storey rear extension

DECISION: Approve DATE DECISION ISSUED: 23 May 2014 ______

APPLICATION No: 14/64593/TPO DATE VALID: 25.03.2014 WARD: Kersal APPLICANT:Mr Thumin

LOCATION: 97 Singleton Road Salford M7 4LX

PROPOSAL: Fell one sycamore tree (T1)

DECISION: Refuse DATE DECISION ISSUED: 9 May 2014 ______

46 APPLICATION No: 14/64645/PDE DATE VALID: 08.04.2014 WARD: Kersal APPLICANT:Mr And Mrs Abenson

LOCATION: 3 Ivy Gardens Salford M7 4NY

PROPOSAL: Erection of a single storey rear extension

DECISION: Refuse DATE DECISION ISSUED: 19 May 2014 ______

APPLICATION No: 14/64789/DISCON DATE VALID: 09.05.2014 WARD: Kersal APPLICANT:Mr Abraham Halpern - Schrieber Holdings C/o DV Architects

LOCATION: 28 Singleton Road Salford M7 4WL

PROPOSAL: Request for confirmation of compliance of condition 9 (materials) attached to planning permission 13/64152/FUL.

DECISION: Discharge of Condition DATE DECISION ISSUED: 19 May 2014 ______

APPLICATION No: 13/63036/DISCON DATE VALID: 18.03.2013 WARD: Langwort APPLICANT:Ms Lynsey Clark hy

LOCATION: Land Between 38 And 48 Fitzwarren Street Salford

PROPOSAL: Request for confirmation of compliance of condition 12 attached to planning permission 12/62572/FUL

DECISION: Discharge of Condition DATE DECISION ISSUED: 23 May 2014 ______

47 APPLICATION No: 13/64153/DISCON DATE VALID: 07.12.2013 WARD: Langwort APPLICANT:Mrs Clare Roberts - Kids Planet Day Nurseries Limited hy

LOCATION: Salford City Council, Halton House 36-38 Eccles Old Road Salford M6 8RA

PROPOSAL: Request for confirmation of compliance of condition 4,6,9, and 10 attached to planning permission 13/63130/FUL

DECISION: Not discharging DATE DECISION ISSUED: 9 May 2014 ______

APPLICATION No: 14/64576/ADV DATE VALID: 25.03.2014 WARD: Langwort APPLICANT:Mr Tim Spottiswood - Clear Channel UK Limited hy

LOCATION: Land At Corner Of Liverpool Street/Albion Way Pendleton Salford M5 4BD

PROPOSAL: Display of one non-illuminated freestanding 48 sheet advertisement display unit

DECISION: Approve DATE DECISION ISSUED: 20 May 2014 ______

48 APPLICATION No: 14/64792/DISCON DATE VALID: 12.05.2014 WARD: Langwort APPLICANT:Great Places Housing Group hy

LOCATION: Land At Jubilee Street And Former Langworthy Hotel Langworthy Road Salford

PROPOSAL: Request for confirmation of compliance of conditions 6 (landscaping) and 10 (samples) attached to planning permission 13/62746/FUL

DECISION: Discharge of Condition DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64475/COU DATE VALID: 31.03.2014 WARD: Little APPLICANT:Mr Adrian Nottingham - Mustard Tree Hulton

LOCATION: Brierley Community Centre 50 Hulton District Centre Worsley M28 0AU

PROPOSAL: Change of use of former community centre to mixed use comprising A1 (shops) and D1(community centre)

DECISION: Approve DATE DECISION ISSUED: 23 May 2014 ______

APPLICATION No: 14/64524/COU DATE VALID: 18.03.2014 WARD: Little APPLICANT:Mr Anthony Sackfield - City West Housing Trust Hulton

LOCATION: 57 Hulton Avenue Worsley M28 0HN

PROPOSAL: Change of use from C3 (dwelling house) to D1 (community centre)

DECISION: Approve DATE DECISION ISSUED: 9 May 2014 ______

49 APPLICATION No: 14/64623/HH DATE VALID: 03.04.2014 WARD: Little APPLICANT:Mr David Blanchard Hulton

LOCATION: 17 Mere Fold Worsley M28 0SX

PROPOSAL: Removal of raised patio area and construction of rear orangery.

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64731/NMA DATE VALID: 23.04.2014 WARD: Little APPLICANT:Mrs Julie Folley - St Ann's Hospice Hulton

LOCATION: St Anns Hospice Peel Lane Little Hulton M28 0FE

PROPOSAL: Application for non-material amendment to planning permission 13/63699/FUL for the layout of the proposed oxygen store to combine the bulk oxygen storage and emergency standby manifold within a single room. omission of fencing and raised platform to the waste bin holding area

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

50 APPLICATION No: 12/61308/DISCON DATE VALID: 06.01.2012 WARD: Ordsall APPLICANT:Mr T Tubb

LOCATION: Slough Industrial Estate Ordsall Lane Salford

PROPOSAL: Request for confirmation of compliance of condition 12 attached to planning permission 10/58558/FUL

DECISION: Discharge of Condition DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 13/64094/FUL DATE VALID: 02.12.2013 WARD: Ordsall APPLICANT:Euro Car Parks Ltd

LOCATION: Car Park Gore Street Salford

PROPOSAL: Continued use as a public car park, including resurfacing, erection of 1.1m high boundary fencing and three Pay and Display Machines

DECISION: Approve DATE DECISION ISSUED: 16 May 2014 ______

51 APPLICATION No: 14/64286/DISCON DATE VALID: 15.01.2014 WARD: Ordsall APPLICANT:Mr Mike Nevitt - BAM Construction Ltd (North West)

LOCATION: Units 3 To 4 Washington Centre 100-102 Broadway Broadway Salford M50 2UW

PROPOSAL: Request for confirmation of compliance of conditions 4 (landscaping), 13 (samples) attached to planning permission 13/63370/FUL

DECISION: Discharge of Condition DATE DECISION ISSUED: 7 May 2014 ______

APPLICATION No: 14/64642/NMA DATE VALID: 04.04.2014 WARD: Ordsall APPLICANT:Mr Mike Nevitt - BAM Construction Ltd (North West)

LOCATION: Unit 2 Washington Centre 102 Broadway Salford M50 2UW

PROPOSAL: Application for a non material amendment to planning permission 13/63370/FUL for the height of the brick screen wall

DECISION: Approve DATE DECISION ISSUED: 12 May 2014 ______

APPLICATION No: 14/64526/HH DATE VALID: 20.03.2014 WARD: Swinton APPLICANT:Mr Kenneth Heslop North

LOCATION: 3 Moss Bank Grove Swinton M27 9UN

PROPOSAL: Erection of front and rear dormers

DECISION: Approve DATE DECISION ISSUED: 15 May 2014 ______

52 APPLICATION No: 14/64682/FUL DATE VALID: 17.04.2014 WARD: Swinton APPLICANT:Mr David Melen North

LOCATION: 734 Bolton Road Swinton M27 6EW

PROPOSAL: Installation of new shop front

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64683/ADV DATE VALID: 17.04.2014 WARD: Swinton APPLICANT:Mr David Melen North

LOCATION: 734 Bolton Road Swinton M27 6EW

PROPOSAL: New externally illuminated fascia signs

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 13/63821/FUL DATE VALID: 03.10.2013 WARD: Swinton APPLICANT:R Jackson South

LOCATION: The Woodlands Grosvenor Road Swinton M27 5EG

PROPOSAL: Creation of a fourth floor to incorporate 3 apartments and creation of front and rear projecting bays and alterations to external elevations

DECISION: Approve DATE DECISION ISSUED: 12 May 2014 ______

53 APPLICATION No: 13/64089/HH DATE VALID: 26.03.2014 WARD: Swinton APPLICANT:Colette Broad South

LOCATION: 62 Barton Road M27 5LP

PROPOSAL: Construction of a dropped kerb

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64597/TPO DATE VALID: 15.04.2014 WARD: Swinton APPLICANT:Mr Fred Taylor South

LOCATION: 1 Anson Road Swinton M27 5GZ

PROPOSAL: 30% Crown thin one elm tree (T1)

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64470/PDE DATE VALID: 06.03.2014 WARD: Weaste APPLICANT:Cube Design Solutions And Seedley LOCATION: 107 Victoria Road Salford M6 8LF

PROPOSAL: Demolition of existing conservatory and erection of a single storey rear extension to create an open plan kitchen

DECISION: No Objections DATE DECISION ISSUED: 21 May 2014 ______

54 APPLICATION No: 14/64520/HH DATE VALID: 10.03.2014 WARD: Weaste APPLICANT:Mr Mark Plaister And Seedley LOCATION: 10 Hart Hill Drive Salford M5 5LX

PROPOSAL: Erection of a first storey side extension.

DECISION: Approve DATE DECISION ISSUED: 9 May 2014 ______

APPLICATION No: 14/64557/HH DATE VALID: 20.03.2014 WARD: Weaste APPLICANT:Mr Francis Vaughan And Seedley LOCATION: 206 Eccles Old Road Salford M6 8AL

PROPOSAL: Partial demolition of existing single storey rear extension and erection of a single storey rear extension

DECISION: Approve DATE DECISION ISSUED: 9 May 2014 ______

APPLICATION No: 14/64708/DISCON DATE VALID: 15.04.2014 WARD: Weaste APPLICANT:Ramsay Health Care Ltd UK Operations Ltd And Seedley LOCATION: Oaklands Hospital 19 Lancaster Road Salford M6 8AQ

PROPOSAL: Request for confirmation of compliance of conditions 12 (Foul and Surface Water Scheme), 14 (Uncontrolled overland flows of Flow Waters), attached to planning permission 13/64210/FUL

DECISION: Not discharging DATE DECISION ISSUED: 9 May 2014 ______

55 APPLICATION No: 14/64736/DISCON DATE VALID: 06.05.2014 WARD: Weaste APPLICANT:Mr C Bent - MCI Developments Ltd And Seedley LOCATION: Former Weaste Cricket Ground Edward Avenue Weaste Salford

PROPOSAL: Request for confirmation of compliance of condition 5 (Site Investigation) attached to planning permission 13/63622/FUL

DECISION: Part Discharge of Condition DATE DECISION ISSUED: 19 May 2014 ______

APPLICATION No: 14/64415/FUL DATE VALID: 18.02.2014 WARD: Walkden APPLICANT:Wiggett Construction North

LOCATION: Land Facing 2 To 26 Thorpe Street Worsley

PROPOSAL: Erection of 39 dwelling houses together with landscaping and car parking

DECISION: Approve DATE DECISION ISSUED: 20 May 2014 ______

56 APPLICATION No: 14/64502/ADV DATE VALID: 19.03.2014 WARD: Walkden APPLICANT:Miss Gemma Walker - CBRE North

LOCATION: Unit 150-151 Bolton Road Worsley M28 3ZH

PROPOSAL: Display of one non-illuminated fascia sign.

DECISION: Approve - unconditional DATE DECISION ISSUED: 12 May 2014 ______

APPLICATION No: 14/64827/DISCON DATE VALID: 16.05.2014 WARD: Walkden APPLICANT:Wavecourt Ltd - Mr Mike Kirkby North

LOCATION: Wavecourt Building Contractors Ltd Harcourt Street Worsley M28 3GN

PROPOSAL: Request for confirmation of compliance for conditions 2, 3, 4 and 5 attached to planning permission 11/60139/FUL

DECISION: Part Discharge of Condition DATE DECISION ISSUED: 23 May 2014 ______

57 APPLICATION No: 14/64501/HH DATE VALID: 19.03.2014 WARD: Walkden APPLICANT:Mr Kevin McGlynn South

LOCATION: 9 Everard Close Worsley M28 7TY

PROPOSAL: Demolition of existing conservatory and erection of a single storey rear extension.

DECISION: Approve DATE DECISION ISSUED: 9 May 2014 ______

APPLICATION No: 14/64578/HH DATE VALID: 02.04.2014 WARD: Walkden APPLICANT:Mr Eric Earnshaw South

LOCATION: 58 Maple Grove Worsley M28 7FB

PROPOSAL: Erection of a single storey side extension

DECISION: Approve DATE DECISION ISSUED: 14 May 2014 ______

APPLICATION No: 14/64678/TPO DATE VALID: 14.04.2014 WARD: Walkden APPLICANT:Jamie Lansley South

LOCATION: 17 Oakwood Drive Worsley M28 3HN

PROPOSAL: Fell one Hornbeam (T2)

DECISION: Refuse DATE DECISION ISSUED: 21 May 2014 ______

58 APPLICATION No: 14/64717/PDE DATE VALID: 24.04.2014 WARD: Walkden APPLICANT:Mr J Turner South

LOCATION: 98 Old Clough Lane Worsley M28 3HG

PROPOSAL: Erection of a rear conservatory

DECISION: No Objections DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64719/PDE DATE VALID: 24.04.2014 WARD: Walkden APPLICANT:Mr Philip And Lesley Yates South

LOCATION: 27 Normanby Road Worsley M28 7TS

PROPOSAL: Erection of a rear conservatory

DECISION: No Objections DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64336/HH DATE VALID: 31.01.2014 WARD: Worsley APPLICANT:Mr Paul Livsey

LOCATION: 16 Cartmel Grove Worsley M28 2SF

PROPOSAL: Erection of two storey front and rear extensions, including remodelling of existing elevations.

DECISION: Approve DATE DECISION ISSUED: 16 May 2014 ______

59 APPLICATION No: 14/64523/DISCON DATE VALID: 05.03.2014 WARD: Worsley APPLICANT:Dr Hamish Stedman

LOCATION: Land Rear Of 110 Greenleach Lane Worsley M28 2TY

PROPOSAL: Request for confirmation of compliance of conditions 1-6 attached to planning permission 13/63363/FUL

DECISION: Part Discharge of Condition DATE DECISION ISSUED: 7 May 2014 ______

APPLICATION No: 14/64540/HH DATE VALID: 31.03.2014 WARD: Worsley APPLICANT:Mr Ian Carpenter

LOCATION: 8 Hawthorne Drive Worsley M28 2DA

PROPOSAL: Erection of a two storey side extension

DECISION: Approve DATE DECISION ISSUED: 21 May 2014 ______

APPLICATION No: 14/64561/HH DATE VALID: 21.03.2014 WARD: Worsley APPLICANT:Mrs S Cartwright

LOCATION: 266 Leigh Road Worsley M28 1LF

PROPOSAL: Erection of front entrance porch, front extension and re-roof to garage.

DECISION: Approve DATE DECISION ISSUED: 9 May 2014 ______

60 APPLICATION No: 14/64607/TREECA DATE VALID: 01.04.2014 WARD: Worsley APPLICANT:Mr Jack Mayall - Director Of Gardening High Cedars Ltd

LOCATION: Rowan Lodge Roe Green Avenue Worsley

PROPOSAL: Reduce the Holly Hedge (H1) to leave a height of 12ft

DECISION: No Objections DATE DECISION ISSUED: 6 May 2014 ______

APPLICATION No: 14/64705/DISCON DATE VALID: 23.04.2014 WARD: Worsley APPLICANT:Mr W Morris

LOCATION: Spinney End Lumber Lane Worsley M28 2QN

PROPOSAL: Request for confirmation of compliance of condition 8 (Ecological assessment) attached to planning permission 14/64492/FUL

DECISION: Discharge of Condition DATE DECISION ISSUED: 16 May 2014 ______

ITEM NO. 7

REPORT OF The Strategic Director for Environment and Community safety

TO THE PLANNING AND TRANSPORTATION REGULATORY PANEL

ON 5th June 2014

TITLE: PLANNING APPEALS

RECOMMENDATION: That the report be noted

EXECUTIVE SUMMARY: To set out details of appeals received and determined

KEY DECISION: NO

DETAILS: See attached schedule

KEY COUNCIL POLICIES: Performance Management

EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:N/A

ASSESSMENT OF RISK:N/A

SOURCE OF FUNDING: N/A

LEGAL IMPLICATIONS Supplied by N/A

FINANCIAL IMPLICATIONS Supplied by N/A

OTHER DIRECTORATES CONSULTED:N/A

CONTACT OFFICER: Viv Prytharch 0161-779-4852

WARD(S) TO WHICH REPORT RELATE(S): As indicated in the attached schedule .

62 PLANNING AND TRANSPORTATION REGULATORY PANEL

REPORT ON PLANNING AND ENFORCEMENT APPEALS DECIDED

ENFORCEMENT

APPEAL AGAINST ENFORCEMENT NOTICE. CASE No. 13/00025/ENAPPL ERECTION OF A DWELLING AT Jenny Green Cottage, Springfield Lane, Irlam, M44 6NB

This appeal relates to an enforcement notice served by the Council on 14th November 2013 for the breach of planning control in relation to the erection of a dwelling in the Green Belt. The requirements of the notice are:

1. Remove the building from the land; 2. Restore the land to its condition before the breach of planning control took place; and 3. Remove from the land all debris and building materials resulting in compliance with requirements (1) and (2) above.

The period for compliance given within the notice was 3 months.

The appeal was considered on the following four grounds: (a) that planning permission should be granted for what is alleged in the notice; (c) there has been no breach of planning control; (f) the requirements of the notice are excessive; and (g) the time for compliance is too short.

In terms of ground (a) the Inspector considered that the main issues were; whether the building is inappropriate development in the Green Belt within which it is located; and whether the harm caused by reason of inappropriateness is clearly outweighed by other considerations. The Inspector concluded that the building erected on the land is inappropriate development in the Green Belt and the harm caused for this reason is not clearly outweighed by other considerations. All matters mentioned in support of the application have been taken into account. The deemed planning application fails.

In terms of ground (c) the Inspector considered the building comprising a living room, three bedrooms, a kitchen, a bathroom and a hallway was not a caravan, is not permitted development, and does not benefit from planning permission. The erection of the building is a breach of planning control and the ground (c) appeal thus failed.

In terms of ground (f) the Inspector did not consider the requirements of the notice to be excessive as a breach of planning control has occurred and planning permission has been refused (see ground (a) above) for the building that breaches of planning control. The only remedy to such a breach is the removal of the building.

In terms of ground (g) the Inspector considered that the three month period was too short for the compliance of the notice and extended the compliance period from 3 months to 6 months. As such the compliance period is now 7th October 2014. 63

In light of the above the inspector concluded the appeal be dismissed and the enforcement notice upheld with an extension of the time of the compliance period. Planning permission was refused on the application deemed to have been made under section 177(5) of the Act as amended.

64 APPEAL AGAINST ENFORCEMENT NOTICE. CASE No. 12/00033/WPP3 ERECTION OF BRICK PIERS AT THE BOATYARD, THE MOORINGS, WORSLEY

This appeal relates to an enforcement notice served by the Council on 22nd October 2013 for the breach of planning control in relation to the erection of three brick piers each measuring 1.9 metres in height without planning permission. The notice requires:

 the removal the brick piers; and  the removal of all debris and building materials resulting from compliance.

The period for compliance with the notice is 12 weeks.

The appeal was considered on ground (a) that planning permission should be granted for what is alleged in the notice. The Inspector considered the main issues to be the effect of the brick piers upon the character of the area and the effect of the brick piers upon the interests of providing for a safe and secure living environment for residents.

The Inspector considered the immediate area to be characterised by dwellings with open front gardens made up of soft and hard landscaped space framed by the built development. He considered the piers to be of a substantial size and of a solid construction that appear as incongruous features. He concluded that the piers do not respect the context of their surroundings and do not contribute in a positive way to local identity or character and appearance of the area, contrary to policy DES 1of the City of Salford Unitary Development Plan.

The Inspector also considered that the piers could provide places of concealment and are visual obstacles within the street scene having a negative effect upon natural surveillance of the street and property frontages contrary to policy DES 10 of the City of Salford Unitary Development Plan and policy DC 16 of Salford City Council Supplementary Planning Document, Design and Crime.

Representations had been received in respect of the intention to install vehicle and pedestrian gates. The Inspector acknowledged the concerns raised about vehicles waiting to gain access if gates were installed and issues of segregation of the community, but noted that he was not considering the installation of gates in this appeal and these perceived issues/benefits do not arise from the retention of the piers. It was considered by some that a gated arrangement would improve appearance and complete the development. However the Inspector acknowledged that there may be some support for the retention of the piers but the preference of residents is not in itself sufficient reason to allow the development when there is identified harm to public interests arising.

In light of the above the Inspector concluded the appeal be dismissed and the enforcement notice upheld. Planning permission was refused on the application deemed to have been made under section 177(5) of the Act as amended.