Planning Applications Report

Planning and Highways Committee

06 September 2007

Bolton Council has approved a Guide to Good Practice for Members and Officers Involved in the Planning Process. Appendix 1 of the Guide sets down guidance on what should be included in Officer Reports to Committee on planning applications. This Report is written in accordance with that guidance. Copies of the Guide to Good Practice are available from the Development and Regeneration Department, Town Hall, Bolton.

Bolton Council also has a Code of Practice for publicising planning applications and other submissions for approval. As part of this Code, neighbour notification letters will have been sent to all owners and occupiers whose premises adjoin the site of these applications. In residential areas, or in areas where there are dwellings in the vicinity of these sites, letters will also have been sent to all owners and occupiers of residential land or premises, which directly overlook a proposed development.

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

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

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

The following abbreviations are used within this report: -

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

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

2 INDEX

Ref. No Page Item Ward Location

77555/07 1 BRCR LAND ADJACENT, 596 DARWEN ROAD, TURTON, BOLTON, GREATER MANCHESTER, BL7 9RY

78007/07 2 BRCR BARWOOD HOUSE, BRADSHAW BROW, BOLTON, GREATER MANCHESTER, BL2 3DD

77797/07 3 CROM 82 WOLFENDEN STREET, BOLTON, GREATER MANCHESTER, BL1 3QE

77428/07 4 FARN LAND AT HALL LANE / WHITLEY STREET / LOXHAM STREET, FARNWORTH, BOLTON. BL4 7QE

77485/07 5 GRLE 19 MELVILLE STREET, BOLTON, GREATER MANCHESTER, BL3 2BB

77775/07 6 GRLE 13 MANCROFT AVENUE, BOLTON, GREATER MANCHESTER, BL3 3AA

77707/07 7 HELO LAND AT MOORSIDE AND THE MARKLANDS, 99- 101 MARKLAND HILL LANE, BOLTON, GREATER MANCHESTER, BL1 5NH

77956/07 8 HELO REAR OF 64 NEW HALL LANE, BOLTON, GREATER MANCHESTER, BL1 5LG

75979/06 9 HOBL LAND AT LOSTOCK LANE, LOSTOCK, BOLTON

77798/07 10 HOBL LAND ADJACENT THE LINKWAY, HORWICH, BOLTON.

76862/07 11 HONE BROWN COW, 36 CHURCH STREET, HORWICH, BOLTON, BL6 6AD

78010/07 12 HONE LAND OFF PENNINE ROAD / CHILTERN CLOSE, HORWICH, BOLTON

77980/07 13 HULT 34 NEWSTEAD DRIVE, BOLTON, GREATER MANCHESTER, BL3 3RE

77871/07 14 RUMW LAND AT ROGERSTEAD, BOLTON

77935/07 15 SMIT 74 BENNETTS LANE, BOLTON, GREATER MANCHESTER, BL1 6JE

77793/07 16 TOHA 16 TONGE OLD ROAD, BOLTON, GREATER MANCHESTER, BL2 6BH

77969/07 17 WESO 75-77 MARKET STREET, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 3AA

77471/07 18 WESO LAND ADJACENT TO 82 HINDLEY ROAD, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 2JS

76619/07 19 WNCM LADYBRIDGE SPORTS AND LEISURE CLUB, TEMPEST ROAD AND OPEN FIELDS OPPOSITE EXISTING FOOTBALL CLUB, TEMPEST ROAD, CHEW MOOR BOLTON.

77927/07 20 WNCM STATION HOUSE FARM, CHORLEY ROAD, WESTHOUGHTON, BOLTON.

77843/07 21 WNCM WINGATES PLAY PARK, HOLDEN LEA, WESTHOUGHTON, BOLTON

77824/07 22 WNCM LAND TO THE EAST OF CHEW MOOR LANE AND ADJACENT TO AND SOUTH OF THE M61, LOSTOCK

Date of Meeting: 06 September 2007 Item Number: 1

Application Reference: 77555/07

Type of Application: Full Planning Application Registration Date: 05/07/2007 Decision Due By: 30/08/2007 Responsible Oliver West Officer:

Location: LAND ADJACENT, 596 DARWEN ROAD, TURTON, BOLTON, GREATER MANCHESTER, BL7 9RY

Proposal: DEMOLITION OF GARAGE AND ERECTION OF A DETACHED HOUSE

Ward: Bromley Cross

Applicant: Mr Jones Agent : Neil Pike Architecture Limited

Officers Report

Proposal This proposal is for a large detached house to be built within the existing garden area of 598 Darwen Road, Egerton, Bolton. This is a revised scheme following negotiations with the architect.

Site Characteristics The site is part of the mature garden area of 598 Darwen Road. This is an older bungalow set within a large garden. A recent planning permission has allowed dormer windows to be created. The site is at the Egerton end of Darwen Road near Blackburn Road. The property fronts onto Darwen Road with the green belt beyond. Modern detached houses are to the rear and side. The site is steeply sloping up from Darwen Road.

Policy The development plan policies and supplementary planning guidance used in the determination of this planning application were:-

2005 UDP policies: G1, G2 Green Belt, N1 Nature Conservation, N7 Trees, Woodland and Hedgerows, EM4 Contaminated Land, EM6 Energy Conservation, EM10 Surface Water Run Off, D1, D2 Design, D3 Landscaping, A5 Road Network, A6 Car Parking Standards, A7 Cycle Parking, H3 Housing Applications,

7 H5 Net Site Density.

Planning Control Policy Notes: No.1 - Car and Cycle Parking Standards, No.2 - Space Around Dwellings, No.7 - Trees: Protection and Planting in New Developments.

History Planning application 68629/04 for outline application for the demolition of an existing garage and erection of one dwelling (means of access details only) was refused in September 2004 due to overdevelopment and lack of information with regard to highway visibility.

Outline planning application 68009/04 for the demolition of existing garage and erection of one dwelling on land at 596 Darwen road (means of access details only) was withdrawn in June 2004.

Planning permission 58644/01 for the erection of a detached garage was approved with conditions in March 2001.

Technical Consultations Bolton Council - Highway Engineers:- the submitted plans do not indicate visibility onto Darwen Road. NB these comments relate to the original scheme and comments are awaited for the revised scheme.

Bolton Council - Environmental Health Officers:- a Phase 1 study should be included as a condition. There is the potential for gas to be present on the site as a result of a nearby rubbish dump and this may necessitate mitigation measures.

Bolton Council - Tree and Woodland Officers:- have not objected.

Bolton Council - Conservation and Urban Design Officers:- have made a number of design recommendations. The applicant has produced a revised scheme that incorporates some but not all of these recommendations. The revised scheme is smaller than the original design and overcomes most of the design issues.

United Utilities:- have no objections but recommend that the site is drained on a separate system with only foul water drained by the mains sewer. The agent has agreed to this and a condition should be included.

Representations Letters:- a number of letters of objection have been received from the neighbour at 596 Darwen Road. A letter has also been received from a neighbour at 2 Conisber Close to the rear of the site. They raise a number of issues including: • excessive height and resulting imposing design and loss of privacy • overbearing effect on neighbouring properties • substandard access due to poor visibility

8 Elected Members:- Cllr Greenhalgh has requested that the application is considered by the planning committee with an advance site visit if it is recommended for approval.

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

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

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

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

The main impacts of the proposal are:-

* impact on design * impact on highways and access

Impact on design Policy D2 requires proposals to contribute to good urban design. Proposals should be compatible with their surroundings in terms of layout, density, height, massing, architectural style, materials and landscaping. The original proposals were unacceptable as the design was too large for the plot and was too close and overbearing to neighbouring dwellings. The revised scheme, although similar, is smaller and reduces the impact on neighbouring dwellings. It is a tall structure that will be highly visible from the road following the reduction of boundary hedges. However, the raised ground means that the existing bungalow is also highly visible from the road and the proposed dwelling will have a roof line slightly lower than the existing property, although higher than the other neighbour at 598 Darwen Road. The design references the style of the bungalow and is acceptable in design terms. The trees at the rear of the site should be retained to ensure privacy is maintained to the rear. The applicant has submitted a landscaping plan indicating that adequate screening will be retained. The property would be close to the side elevation of 598 Darwen Road. However, this elevation contains no principle windows and therefore meets policy requirements. The view from the principle window at the front of 598 Darwen Road above the double garage meets the policy requirement for a 45 degree angle. The proposal meets the requirements of PCPN 2 and D2.

Impact on highways and access Access to the site is from the Darwen Road frontage. This is a busy road and good visibility is required. The Council's highways officers have stated that more information is required on the visibility. This has been received and further comments have been requested. There is an existing highways access to the existing garage so no new access would be created, although there would probably be an increase in use. A site visit found visibility to be constrained but adequate. The traffic on Darwen Road at this point is travelling relatively

9 slowly due to the proximity to the junction with Blackburn Road, which requires cars to slow almost to a stop. Therefore, on balance, the proposal is considered to meet the requirements of policy A5, and there is an established vehicular entrance to the site at the same location.

Value Added to and by the Development The development would result in a small increase in the range and quantity of residential property available in the area and contribute towards the supply of housing in the borough.

Conclusion On balance, and subject to conditions, the proposal is recommended for approval.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

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

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) unless otherwise agreed in writing with the Local Planning Authority no windows, doors or other openings shall be formed in any elevation of the development hereby approved/permitted other than those shown (indicated) on the approved drawings (if any) nor shall those existing windows, doors or other openings (if any) be enlarged or altered.

Reason

To ensure adequate standards of privacy are obtained.

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

Reason

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

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

Reason

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

6. The site shall be drained in accordance with a drainage scheme to be submitted to and approved in writing by the Local Planning Authority before the commencement of development.

Reason

To ensure a satisfactory form of restoration.

13 14 15 16

Date of Meeting: 06 September 2007 Item Number: 2

Application Reference: 78007/07

Type of Application: Full Planning Application Registration Date: 01/08/2007 Decision Due By: 26/09/2007 Responsible Oliver West Officer:

Location: BARWOOD HOUSE, BRADSHAW BROW, BOLTON, GREATER MANCHESTER, BL2 3DD

Proposal: CHANGE OF USE OF DOMESTIC DWELLING TO OFFICES

Ward: Bromley Cross

Applicant: Janet Moller Agent : PPY Design Limited

Officers Report

Background A separate application has been received for the garden area (78007/07) proposing the erection of two semi-detached dwellings.

Proposal This proposal is for change of use of an existing detached house from residential to office (B1) use with adjacent car parking.

Site Characteristics The site consists of a traditional detached stone house. The garden area has been mostly fenced off and part of it is the subject of a separate planning application. There is informal parking at the side of the house. The property is located at Bradshaw Brow opposite the entrance to Canon Slade school. This is a relatively busy road.

Policy Unitary Development Plan 2005: D1, D2 Design, D3 Landscaping, A5 Road Network, A6 Car Parking Standards, A7 Cycle Parking, A9 Access for Disabled, E1, E2 Office Industry and Warehouse, and TC1 Town Centres.

History Planning application 75311/06 for change of use of part of domestic dwelling (two ground floor rooms) to offices was refused in November 2006 due to insufficient information.

Planning application 59137/01 for erection of a detached double garage to side/rear of dwelling and pitched roof over porch was approved with conditions in May 2001. 17

Planning application 37852/90 for erection of a single storey extension at rear to provide utility and cloak room and access to rear garden was approved with conditions in May 1990.

Technical Consultations Bolton Council - Highway Engineers:-The applicant must demonstrate that a vehicle can enter and leave in forward gear. The Chief Planner must ensure that the Council’s maximum parking standards are met for this proposal. This will ensure that there will be no abuse of traffic regulations in the vicinity.

Representations Letters:- 4 letters of objection have been received from local residents raising a number of issues including: • lack of parking in the area, and an increase in parking from the development • proximity to Canon Slade School entrance and road safety fears • congestion on Bradshaw Brow • harm to the character of the building

Elected Members:- Cllr Critchley has requested that, if the scheme is recommended for approval, it is considered by the Committee with an advance site visit.

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

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

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

The main impacts of the proposal are:-

* impact on traffic and parking * impact on the character of the building and area

Impact on traffic and parking Policy A5 requires provision for pedestrians, cyclists, car, cycle and motor cycle access, public transport, and good road design / access. A number of residents have raised concerns over the existing nature of the access and possible increase in car traffic with resulting road safety issues. The property is located directly opposite the main entrance to Canon Slade School so road safety is an important factor at this location. Bradshaw Brow is a busy road, though generally without particular problems.

The proposals include provision for the parking of five car parking spaces including 1 disabled space. The applicant states that vehicles would be able to enter and leave in forward gear although the Council's highways officers have requested further information to confirm this. Subject to this they have no objections to the scheme.

Up to ten people would be employed at the site. It is served by frequent buses and is approximately fifteen minutes walk from Hall'i'th Wood railway station. Provision for cycle facilities should be a condition of any approval.

Impact on the character of the building and area Barwood house is an attractive stone building of traditional construction. It makes a good contribution to the urban landscape and streetscape. Damage to its appearance or integrity should be resisted. This proposal is for change of use only, with no significant changes to the appearance of the building. Development within the garden area of the house is the subject of a separate application and should not be considered as part of this proposal. The change of use proposal meets the requirements of policy D2.

Value Added to and by the Development The proposal will retain the existing building in active use, thereby securing its future. Up to 10 jobs will be created in an area that lacks significant numbers of employment opportunities, thereby reducing the need to travel for work.

Conclusion The proposal is recommended for approval subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. Prior to commencement of development a scheme indicating the provision to be made for disabled people to gain access including level or ramped access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

19 20

3. Before development commences details of the provision to be made for cycle parking within the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development hereby approved is first brought into use and retained thereafter.

Reason

To encourage cycle use and provide adequate facilities for cyclists.

23 24

Date of Meeting: 06 September 2007 Item Number: 3

Application Reference: 77797/07

Type of Application: Full Planning Application Registration Date: 28/06/2007 Decision Due By: 23/08/2007 Responsible Pat Naylor Officer:

Location: 82 WOLFENDEN STREET, BOLTON, GREATER MANCHESTER, BL1 3QE

Proposal: ERECTION OF A FIRST FLOOR EXTENSION AT REAR

Ward: Crompton

Applicant: Mrs S Darvesh Agent :

Officers Report

Proposal The Applicant proposes the erection of a first floor extension above the existing single storey extension to form a bedroom. The proposed first floor element would be 5.2 metres long.

Site Characteristics This is a traditional mid-terraced property with an existing monopitched extension which extends 5.2 metres from the main rear elevation of the house, allowing for a 0.7 metre gap to the rear yard wall.

Policy UDP Policy D2 Design PCPN2 Space Around Dwellings PCPN3 House Extensions

History Planning permission was granted in 1997 for the erection of the single storey rear extension described above.

Representations None received.

Councillor Sufrana Bashir-Ismail has requested that the application be determined by Committee.

25 26 Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.

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

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

Paragraph 61 of PCPN3 "House Extensions" provides guidance on first floor rear extensions and states:-

"In cases where no extension exists on the party boundary within the adjoining dwelling, a proposed two storey extension or first floor extension should not impinge on an angle of 30 degrees measured from the centre of the nearest main window to a main room in the adjacent/adjoining dwelling."

The purpose of this policy advice is to prevent extensions to properties having an unacceptable impact on the living conditions enjoyed at adjacent properties by way of diminished outlook and a dominant impact when viewed from these properties. Were the 30 degree rule to be applied in this instance, taken from the rear bedroom window of 84 Wolfenden Street, it would only allow for a first floor extension of less than 1 metre.

The proposal does comply with the provisions adopted in PCPN3 "House Extensions"

Notwithstanding the above, the advice contained within PCPN3 has been departed from by Committee with some recent support for two storey extensions up to 4 metres long. However, this application is for a 5.2 metre extension which does not comply with the approach recently followed by Members. The Applicant has been encouraged to reduce the extension to 4 metres in order to comply with this approach, but has instead asked for the proposal to be determined in its current form.

The proposal does not comply with the advice contained within PCPN3 and also does not comply with the approach to first floor rear extensions recently followed by Members. It would have an unacceptable impact on both the rear street scene and the living conditions enjoyed at adjacent properties and is therefore recommended for refusal.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed extension would, by virtue of its size, design, height and siting, be detrimental to the character and appearance of the area and in particular would impact detrimentally on the outlook and living conditions of neighbouring residents at 80 and 84 Wolfenden Street and is contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

29 30

Date of Meeting: 06 September 2007 Item Number: 4

Application Reference: 77428/07

Type of Application: Outline Planning Permission Registration Date: 29/05/2007 Decision Due By: 28/08/2007 Responsible Alex Allen Officer:

Location: LAND AT HALL LANE / WHITLEY STREET / LOXHAM STREET, FARNWORTH, BOLTON. BL4 7QE

Proposal: ERECTION OF APARTMENTS IN 3 BUILDINGS (1, 2 AND 3 STOREY IN HEIGHT / LAYOUT, SCALE AND ACCESS DETAILS ONLY).

Ward: Farnworth

Applicant: George Cox and Sons Ltd Agent : Good & Tillotson

Officers Report

Proposal This is an outline application for residential development with details provided for the following matters layout, scale, appearance and access. Therefore, details of landscaping and the external appearance of the properties would be require a reserved matters.

The proposal seeks to provide 68 two bedroom apartments in three main blocks and four mews/town houses. The four town houses would have one car parking space at the front of the property whilst the proposed apartments would have a total of a one car parking space each located in a central courtyard area.

The overall massing/scale of the properties would vary across the site with in the main two storey properties fronting Whitley Street and Loxham Street with the key corner parts of the site being the focus for three storey development. As the site slopes significantly from north to south, there is an opportunity to provide a variety of scales of development within the site with opportunities for small elements of four storey development on the eastern edge of the site. Again the focus for the larger scale development would be at the corner areas of the development site.

Vehicular access would be from Hall Lane whilst the key private amenity spaces would be provided within the central courtyard area of the site. This central area and the differing levels within the site would ensure the retention of the trees which are also situated within this area.

Site Characteristics The site runs parallel with Hall Lane which is the main road which runs from Moses Gate to Little Lever. The site has one access point from Hall Lane opposite the entrance to Crompton Lodges Country Park which lies directly to the south. Traditional terraced properties lie to the west and north west with open land to the east, south and north east.

The southern section of the site is currently occupied by George Cox and Son Limited who are a building contractor with access from Hall Lane and a builders merchants on the northern half of the site. The George Cox part of the site is comprised of a large three/four storey office block and a large area of hard standing whilst the builders merchants part of the site is on a higher level with a detached two storey office block and separate detached storage building.

Levels within the site vary significantly from north to south, by approximately 6 metres, and west to east, by approximately 6 metres. A significant group of trees are located on the central/eastern part of the site whilst a band of trees is located outside the application site but on the eastern edge of the site.

Policy PPS3 Housing PPG13 Transport PPS 25 Development and Flood Risk

Regional Spatial Strategy (2006)

Unitary Development Plan (2005): D1/D2 Design; D3 Landscaping; D5 Public Art, EM1 Incompatible Uses, EM2 Pollution, EM10 Surface Water Run -off EM11 Flood Protection O4 Provision of Open Space in new developments; A5 Roads, paths, servicing and car parking; A6 Maximum car parking standards, A17 Cyclists; H3 Determining Housing Applications; H4 Affordable Housing; Appendix 7 - Car, cycle and motorcycle parking standards.

Planning Control Policy Notes: PCPN No. 2 Space About Dwellings, PCPN No. 7 Trees: Protection and Planting in New Developments, PCPN No. 10 Planning Out Crime, PCPN No. 21 Highway Considerations, PCPN No. 27 Housing Developments.

32 History There is no relevant planning history for the site.

Technical Consultations Bolton Council - Highway Engineers:- no objections subject to highway improvements i.e. radii improvements and the provision by the developer of £60,000 to provide for off site highway improvements.

Bolton Council - Environmental Health Officers:-no comments have been received to date. Formal comments will be reported at the Committee meeting.

Bolton Council - Tree and Woodland Officers:-no objections.

Bolton Council - Landscape Architects:-request a contribution of £72,864 for off site contribution for open space/children's play facilities.

Bolton Council - Asset Management - no comments received to date in relation to potential contribution for education facilities.

Bolton Council - Strategic Housing Unit:- require an on site affordable contribution of 20% of the units at 30% market discount.

Bolton Council - Conservation and Urban Design Officers:-no objections.

Representations Letters:-two letters of objection have been received raising issues of loss of privacy due to the creation of balconies within the proposed elevation which would face Whitley Street.

27 letters of support have been received raising issues that the proposal would improve the area, whilst traffic movements would increase as long as funding was secured for a zebra crossing in the area the proposal is supported.

Petitions:- one petition has been provided with 11 signatures requesting the provision of a zebra crossing in the area.

Elected Members:- Councillor Hornby and the Farnworth ward Councillors have requested that an advance site visit be conducted. Farnworth ward members have requested that any monies received in lieu of on site open space/children's play provision be ring fenced for use in Farnworth Park.

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

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

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

The main impacts of the proposal are:-

* principle of residential development * impact on the character and appearance of the area; * impact on the living conditions of existing and future residents; * impact on highway safety; and * impact on infrastructure.

Principle of residential development The application site is unallocated within the adopted UDP and as such must be assessed against Policies H3, H4 and H5 and E5. These policies seek to ensure that the priority for new residential development should be:

* on previously developed sites located within the urban area; * provide a wider choice and mix of housing types, sizes and tenures. * the existing and potential infrastructure should be able to absorb the development and; * accessible by public transport, cycling and walking and is well located in relation to places of work and services.

The proposal would provide a wider mix of dwelling types within the wider area which is currently dominated by traditional terraced properties. The application site is well located in relation to train (Moses Gate station), bus services and walking with cycle parking provision located within the proposed development site. In addition, the application site does not form part of a protected employment area and would assist in the regeneration of a non conforming use on the edge of a residential area.

Therefore, in principle the application site is suitable for residential development.

Impact on the character and appearance of the area PPS3, UDP Policies D1, D2, seek to ensure that the design, landscaping and context of new residential developments, reflect their surroundings and make a contribution to good urban design.

In addition, PPS 3 seeks to promote more sustainable patterns of development and make better use of previously developed land through well designed, high-quality, mixed community, higher density development. It notes that local planning authorities should make the best use of land and avoid developments of less than 30 dwellings per hectare.

The application site is located adjacent to an area of high density residential development. Therefore, it is considered that the overall scale and massing of the proposal development is compatible with the surrounding area. The overall scale of the development at the main

34 corners of the application site would be increased by one storey to ensure focal points are created at these key locations. This is considered to be good urban design.

At this stage details of the external appearance are a reserved matter and will be fully considered if a reserved matters application is subsequently submitted.

Impact on the living conditions of existing and future residents UDP policy D2 seeks to ensure that new development proposals are compatible in terms of layout and design. In addition, guidance contained within PCPN No.2 provides advice on interface distances to ensure adequate privacy between existing and new developments. A number of local residents have commented that they are concerned about a number of issues including:

• Introduction of balconies into the elevations overlooking Whitley Street and Loxham Street resulting in a loss of privacy to existing residents; As stated above the applicant has left consideration of the developments external appearance until a reserved matters stage. Therefore, balconies which are shown on the submitted plans are purely indicative. The relationship between the proposed apartments and existing terraced properties outlook would need to be considered at a reserved matters stage. In addition, details of the internal layout of the proposed dwellings would also be assessed at a reserved matters stage. Therefore, it is considered that residents concerns regarding these matters could adequately addressed at a later stage.

Notwithstanding the above, the applicant has applied for a general massing/scale for the site. In respect of the interface distances which would be achieved the key elevations would be that of the Whitley Street and a short section of Hall Lane. No residential properties front Whitley Street with mainly blank gable elevations facing the road/non principal windows. The elevations between the proposed town houses and apartments on Whitley Street would measure 16.5 metres which comply with the Council's interface standards. Whilst the relationship between the 3 storey element of the apartment block at the corner of Loxham Street and Whitley Street would be 19 metres from the main windows of No's 85 to 91 Hall Lane/Loxham Street.

Whilst this is below the general interface standards as outlined in PCPN No. 3, this would still be in excess of the interface distances between existing properties on Loxham Street which currently is 15.7 metres.

Therefore, it is considered that the impact of the proposed development would not be detrimental to the living conditions of existing residents as the proposal would be an improvement on the current relationship between residential properties.

Impact on highway safety Policy A5 of the adopted UDP seeks to ensure that new developments do not have a detrimental impact on the road network.

The Council's Highways Engineer has commented that radii improvements would be required as part of the site's development. Amended plans showing these changes will be provided

35 to Committee members prior to the Committee meeting. The Council's Highways Engineer also requested that the Council's car parking standards are met in full.

The proposal would provide 100% car parking provision across the site. It is considered that due to the site's sustainable location with regard to Moses Gate train station and proximity to main bus routes the maximum car parking standards should not be required in this instance. It is considered that one space per dwelling is an appropriate requirement.

Impact on existing infrastructure Policies H3, H4, and O4 of the UDP and PCPN 8, 22, 26 & 30 all seek to ensure that the existing and proposed infrastructure has the capacity to absorb the proposed development. This includes potential requirements ranging from affordable housing, public open space, public art, and an off site contribution for education provision. The thresholds for such affordable housing and education are 15 units, 30 units for public open space and 1 hectare or 2500 sq. metres for public art provision.

The applicant has agreed the following:

Affordable housing: the provision of 14/15 units on site at a reduction of 30% of open market value; Education - to be confirmed at the Committee meeting; Art provision - 1% of construction costs - this will need to be secured via a condition as the total construction costs are not known at this outline stage; Public open space: a total contribution of £72,864 - to be tied to use within Farnworth Park; Public health facilities: £14, 256.00 Highway improvements/contribution to safer route to school initiatives: £60,000

Value Added to and by the Development The proposal would regenerate a high profile site in a sustainable location and assist in providing new affordable dwellings in an appropriate location.

Conclusion The proposal would result in the redevelopment of a previously developed site, within the urban area and in a sustainable location. The proposed scale, access and car parking arrangements satisfy national, regional and local planning policies being in character with the surrounding area. Accordingly Members are recommended to delegate the decision to the Director pending signing of the s.106 agreement to achieve the contributions outlined above.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990 as

36 amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Approval of the following details (hereinafter referred to as "The Reserved Matters") shall be obtained from the Local Planning Authority in writing before any development commences:-

Appearance The aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture; and

Landscaping The treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out or provision of gardens, courts or squares, water features, sculpture, or public art, and the provision of other amenity features.

Reason

The application is for outline planning permission and these matters were reserved by the applicant for subsequent approval.

3. The number of dwellings on the site shall not exceed 72.

Reason

To safeguard the character of the locality and in the interests of highway safety.

4. The submission of an application for an approval of Reserved Matters shall show full details of existing and proposed ground levels within the site and on land adjoining the site by means of spot heights and cross-sections; the proposed siting and finished floor levels of all buildings and structures; and the proposed site layout and phasing of development.

Reason

To ensure that the development safeguards the character of the locality and the privacy and outlook of nearby residents.

5. Phase II Report Should the approved Phase I Report recommend that a Phase II Report is required, then prior to commencement of any site investigation works, design of the Phase II site investigation shall be submitted to, and approved in writing by, the Local Planning Authority. Site investigations shall be carried out in accordance with the approved design and a Phase II Report shall then be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of development. The Phase II Report shall include the site investigation data, generic quantitative risk assessment, detailed quantitative risk assessment (if required) and recommendations regarding the need or otherwise for remediation. Should the Phase I Report recommend that a Phase II Report is not required, but during construction and prior to completion of the development hereby approved, contamination or gas migration is found or suspected, the developer shall contact the Local Planning Authority immediately and submit proposals for investigation and remediation of the contamination or gas migration within seven days from the date that it is found or suspected to the Local Planning Authority for approval in writing. Options Appraisal Should the Phase II Report recommend that remediation of the site is required then unless otherwise agreed in writing with the Local Planning Authority, no development shall commence unless or until

an Options Appraisal has been submitted to, and approved in writing by, the Local Planning Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. Implementation of Remediation Strategy: No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: i) Detailed remediation design, drawings and specification; ii) Phasing and timescales of remediation; iii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; and iv) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

6. The submission of an application for an approval of Reserved Matters shall provide a flood risk assessment for the site.

Reason To reduce the risk of flooding.

7. The submission of a reserved matters application shall include necessary allowance for the provision of public art, craft or decoration within the proposed development or in the form of a commuted sum in lieu of on site provision.

Reason

To ensure the existing and potential infrastructure has the capacity to absorb the development.

8. Prior to commencement of any development, full details of a scheme for the eradication of Japanese Knotweed to be carried out by the developer, shall be submitted to and approved in writing by the Local Planning Authority. This plan shall include a timetable for implementation. Should a delay of more than one year occur between the date of agreement of the eradication scheme and the date of development commencing, a further site survey must be undertaken and submitted to the Local Planning Authority in order to ensure the agreed methods are still applicable

Reason

Japanese knotweed (Fallopia japonica) is identified as being present on the development site. This plant is included in Schedule 9 Part 2 of the Wildlife and Countryside Act 1981 (as amended) and as such, it is an offence to cause the plant to grow in the wild.

41 42 Date of Meeting: 06 September 2007 Item Number: 5

Application Reference: 77485/07

Type of Application: Full Planning Application Registration Date: 19/06/2007 Decision Due By: 14/08/2007 Responsible Alex Allen Officer:

Location: 19 MELVILLE STREET, BOLTON, GREATER MANCHESTER, BL3 2BB

Proposal: CHANGE OF USE FROM DOMESTIC TO HAIRDRESSER (A1) INCLUDING SINGLE STOREY REAR EXTENSION AND ACCESS RAMP TO FRONT

Ward: Great Lever

Applicant: Mr M Anwar Agent : Mr S Taylor

Officers Report

Proposal The applicant seeks to change the use of a dwelling house into a hairdressers (A1 use) on the front section of the ground floor with the rear of the ground floor and first floor accommodation retained in residential use. The proposal also seeks the erection of a single storey rear extension which would project 4.85 metres from the existing rear elevation of the property. The extension would be set back from the boundary of the adjacent property, No. 17 by 1.2 metres and would have a mono pitch roof to a maximum height of 3.8 metres. The rear extension would form a kitchen.

A front extension would consist of a small access ramp with handrails which would provide access for persons with disabilities.

Site Characteristics The application site is an end terraced property located on the corner of Newport Road and Melville Street. Newport Road is a reasonably busy road which provides a link between Weston Street and Green Lane. Melville Street is dominated by residential properties apart from an off licence/shop which is located on the opposite corner (No. 22 Melville Street).

There are industrial units in close proximity to the application site along Weston Street.

Policy Regional Spatial Strategy (2006)

Unitary Development Plan (2005) EM2 Incompatible Uses EM3 Pollution D1/D2 Design A5 Roads, paths, servicing and car parking A6 Maximum car parking standards A9 Access for people with disabilities S5 Local shopping facilities Appendix 7 Car, cycle and motorcycle parking standards

Planning Control Policy Notes No. 2 Space About Dwellings No. 3 House Extensions No. 10 Planning Out Crime No. 21 Highway Considerations

History There is no relevant planning history for the site.

Technical Consultations Bolton Council - Highway Engineers:-consider that there is no provision car parking within the curtilage of the site. The proposal would result in an increase in car parking to the detriment of highway safety and residential amenity.

Bolton Council - Environmental Health Officers:-no objections subject to hours of working restrictions.

Bolton Access Group:- require level access.

Representations Letters:-one objection letter has been received raising a number of issues including:

• there are a number of other hairdressers in close proximity to the application site; • no car parking is provided which will therefore make the existing car parking problems worse; • cars will become damaged.

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

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

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

The main impacts of the proposal are:-

* impact on the character and appearance of the area; * impact on the living conditions of existing and future residents; * impact on highway safety; * other issues raised.

Impact on the character and appearance of the area Policy D1 and D2 of the UDP seeks to ensure that new developments are compatible with existing properties and the overall character of the area. In addition, guidance contained within Planning Control Policy Notes 2 and 3 make reference to house extensions.

The front extension is a small scale extension which would ensure disabled persons can access the site in line with UDP policy A9 - Access for People with Disabilities and would not detract from the overall street scene.

In relation to single storey rear extensions on traditional terraced properties, Paragraph 57 of PCPN No. 3 states that each case will be judged on its merits. Members will be aware in respect of single storey extensions greater flexibility is required. The rear extension has been set back from the shared boundary with the adjacent property (No.17) and also has the lowest point of the roof nearest to the shared boundary.

Therefore in visual/siting terms the proposal has been designed to reduce the impact on the adjacent property. In addition, the rear extension is compatible with the surrounding area.

Impact on the living conditions of existing and future residents Policy EM2 and EM3 seek to ensure that the Council will not permit developments which result in unacceptable impacts on existing uses in respect of noise, smell, safety, traffic or other pollution. Furthermore, Policy S5 of the UDP makes allowance for small scale shopping facilities designed to meet the needs of the immediate location.

Whilst the proposal would bring a non residential use along Melville Street this would be effectively restricted to a very small proportion of the ground floor building i.e. the existing front living room into a hairdressers. It is considered that due to the scale of the proposal it is likely only to serve customers who live in close proximity to the site and also unlikely to serve a large number of customers at any one time.

The Council's Environmental Health Officer has no objections to the proposal subject to hours of customer opening being restricted to between 9 am and 6pm with hours of operation being from 8.30 am (Monday to Saturday).

Therefore, subject to the above restrictions it is considered the small scale nature of the proposal would be acceptable and unlikely to result in any detriment being caused to adjoining residents.

In addition, one window would be located in the side elevation of the proposed extension. It is considered that due to the height of the boundary wall which separates No's 17 and 19 no obscure glazing would be required in this elevation.

Impact on highway safety Policy A5 and Appendix 7 of the UDP seek to ensure that new development proposals provide adequate car parking, servicing and access without detriment to the safety of highway users including pedestrians.

The Council's Highways Engineer has commented that the proposal would result in an increase in car parking to the detriment of highway safety and residential amenity. Notwithstanding these comments it is considered that due to the small scale nature of the proposal it is unlikely to result in an unacceptable increase in on street car parking.

In addition, given the property's location at the corner of Melville Street and Newport Road, and not within the middle of the row of terraces, it is likely that any disturbance would be kept to a minimum.

Other issues raised The objector raises a number of other issues including the number of hairdressers in close proximity of the application site and the amount of damage which is done to existing parked cars in the area.

It is considered that these issues are not material planning considerations.

Conclusion The proposal is for a small scale change of use to a hairdressers which would be unlikely to generate anything other than a local demand. Whilst there is no car parking provision within the curtilage of the site it is considered that due to the small scale nature of the proposal additional demand for car parking would be extremely limited.

The proposal complies with policy and subject to hours of operation/opening restrictions is considered to be appropriate. Therefore, Members are recommended to grant planning permission for the proposal.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match the colour, texture and size of those of the existing building, and shall be retained thereafter.

Reason

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

3. No operations shall be carried out on the premises except between the hours of 0900 and 1800 Monday to Saturday. No activities shall take place on the premises on Sundays and Bank Holidays.

Reason

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

4. No operations shall be carried out on the premises except between the hours of 0830 and 1800 Monday to Saturday. No activities shall take place on the premises on Sundays and Bank Holidays.

Reason

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

5. The development hereby approved shall not be commenced unless and until a scheme for railings on the site has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented entirely in accordance with the approved details before the use hereby permitted is first brought into use and retained thereafter.

Reason

To safeguard the visual appearance of the area.

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

Reason

To safeguard the visual appearance of the area.

49 50

Date of Meeting: 06 September 2007 Item Number: 6

Application Reference: 77775/07

Type of Application: Full Planning Application Registration Date: 26/06/2007 Decision Due By: 21/08/2007 Responsible Matthew Kilsby Officer:

Location: 13 MANCROFT AVENUE, BOLTON, GREATER MANCHESTER, BL3 3AA

Proposal: ERECTION OF PART SINGLE/PART TWO STOREY EXTENSION TO THE REAR

Ward: Great Lever

Applicant: Ms Mogradia Agent : Mr S Saund

Officers Report

Proposal Permission is sought for the erection of a part single/part two storey extension to the rear of the property. Measuring 5.5 metres in width, the proposal will extend across the rear of the original dwelling. In detail, the application comprises the following elements:

Ground Floor Element At ground floor level, the proposal measures 7.3 metres in length, which is approximately three quarters of the length of the rear garden. The proposed extension will be sited adjacent to the shared boundary with 11 Mancroft Avenue and 0.9 metres from the shared boundary with 15 Mancroft Avenue. The extension comprises an extended sitting and kitchen area together with a bathroom and a staircase for access to the first floor. Incorporating a pitched roof that adjoins the rear elevation of the first floor part of the proposal, the ground floor part of the proposal measures 3.9 metres in height.

First Floor Element At first floor level, the proposal measures 4.7 metres in length and will also be sited adjacent to the shared boundary with 11 Mancroft Avenue and 0.9 metres from the shared boundary with 15 Mancroft Avenue. The first floor part of the extension comprises a bedroom and a W.C. Also incorporating a pitched roof, the first floor element of the proposal measures 7.2 metres at its highest point.

Site Characteristics Situated in a residential area, which is populated by properties of a similar design, 13 Mancroft Avenue is part of a row of four, two-storey terraced properties.

Policy UDP Policy: D2 Design

PCPN3: House Extensions

51 Representations Letters:- one representation has been received from the occupants of 15 Mancroft Avenue who do not raise any objections to the proposal.

Elected Members:- Councillor Morris requested that the application be brought to Committee

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

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

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

The main impact of the proposal is:

* Impact on the neighbouring properties

Impact on the neighbouring properties Policy D2 of the UDP states that proposals should be compatible with, or improve, their surroundings in terms of their layout, density, height, massing, architectural style, materials and landscaping. PCPN3 states that the impact of an extension on neighbouring properties, including the orientation of the proposal in relation to the adjacent property, particularly in respect of the impact on natural light and overlooking, should be taken into account when assessing applications to extend a dwelling.

PCPN3 states that single storey rear extensions on town houses should be no longer than 2.1 metres or infringe upon an area defined by taking a line drawn at an angle of 45 degrees from the centre of the closest main window to a main room in the adjacent dwelling. However, in light of Members’ recent decisions to approve larger single storey rear extensions on these types of properties, so as to provide improved basic facilities, the ground floor element of this proposal is considered to be acceptable.

In terms of the first floor element of the proposal, the policies detailed in PCPN3 have been departed from in relation to two storey extensions up to 4 metres long at the rear of these types of properties. At 4.7 metres in length, the first floor element of this proposal does not comply with Members' recent decisions. Also, viewed from the main windows at the rear of 11 & 15 Mancroft Avenue, the first floor element of the extension will appear too dominant, intrusive and imposing, which is contrary to Policy D2 of the UDP.

52 Furthermore, the applicant has been made aware that a first floor extension of 4 metres in length, together with a longer extension at ground floor level, would comply with Members' recent decisions and would therefore be acceptable. However, these recommended amendments to the proposal have not been submitted by the applicant.

Conclusion The proposal, in terms of its siting and scale, is considered to be contrary to Policy D2 of the UDP and Members' recent instructions. Members are therefore recommended to refuse this application for the reasons detailed above.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed extension would, by virtue of its design, height and siting be detrimental to the character and appearance of the area and in particular would impact detrimentally on the outlook and living conditions of neighbouring residents at 11 & 15 Mancroft Avenue and is contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

55 56

Date of Meeting: 06 September 2007 Item Number: 7

Application Reference: 77707/07

Type of Application: Full Planning Application Registration Date: 20/06/2007 Decision Due By: 19/09/2007 Responsible Helen Williams Officer:

Location: LAND AT MOORSIDE AND THE MARKLANDS, 99-101 MARKLAND HILL LANE, BOLTON, GREATER MANCHESTER, BL1 5NH

Proposal: DEMOLITION OF EXISTING DWELLINGS AND ERECTION OF 6 SEMI-DETACHED DWELLINGS AND 6 APARTMENTS IN ONE 3 STOREY BUILDING TOGETHER WITH ACCESS, LANDSCAPING AND ASSOCIATED WORKS.

Ward: Heaton and Lostock

Applicant: Charles Topham Group Ltd Agent :

Officers Report

Proposal Permission is sought for the demolition of the two dwellings on the site (99 and 101 Markland Hill Lane, Moorside and The Marklands) and their associated out buildings, and the erection of six semi-detached dwellings and an apartment building containing six apartments.

The six houses are to be two and a half storeys in height with an attached garage and dormer above. The apartment building is also to be two and a half storeys in height, reflecting the design of the proposed dwellings, and is to be sited to the rear of the development site.

A new access is proposed off Markland Hill Lane at the north eastern corner of the site and will run the length of the site. Two individual driveways, to serve Plots 1 to 3 are also proposed directly off Markland Hill Lane. Ten car parking spaces are proposed to the front and side of the apartment building.

Seven protected trees are proposed to be felled to accommodate the proposed development.

Site Characteristics Moorside and The Marklands (99 and 101 Markland Hill Lane) are large Victorian semi- detached dwellings that have had a number of later additions. The dwellings are set in large gardens and are set back from Markland Hill Lane by approximately 30 metres. The application site measures 0.4 hectares.

57 A significant number of trees protected by Tree Preservation Orders (TPOs) bound the application site to the north, south and east. Further protected trees are grouped to the west of the site.

The surrounding area is wholly residential and is characterised by a variety of house designs and ages, ranging from large detached dwellings to rows of terraced housing.

Policy PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport

RSS13 North West

UDP Policies: N7 Trees, Woodlands and Hedgerows; N8 Protected Trees; EM4 Contaminated Land; EM5 Derelict Land and Buildings; D1, D2 Design; D3 Landscaping; A5 Road Network; A6 Car Parking Standards; A9 Access for People with Disabilities; H3 Housing; H5 Housing Density.

PCPN2 Space Around Dwellings; PCPN7 Trees; PCPN10 Planning Out Crime; PCPN21 Highways Considerations; PCPN27 Housing Development.

History Planning permission was granted by Members in September 2005 for the erection of one building of two apartments and one building of four apartments, with associated landscaping (71764/05). This application did not include the dwelling or garden area of Moorside and proposed to retain The Marklands.

An application for the erection of one building of three apartments and one building of six apartments at The Marklands was withdrawn by the Applicant in May 2005 (70879/05).

Planning permission was granted in April 2005 for the subdivision of The Marklands into two apartments (70493/05).

Technical Consultations Bolton Council - Highway Engineers:- have no objection in principle subject to conditions.

Bolton Council - Environmental Health Officers:- recommend a condition be attached requesting a Phase II contamination study.

Bolton Council - Tree and Woodland Officers:- state that the proposal will result in the loss of a number of mature trees from the site and three trees to be lost from the frontage, which are of high amenity. Whilst it is accepted by Officers that the proposed layout will result in the removal of these trees they consider it important that the well treed frontage is maintained. Officers therefore recommend that three additional trees are planted to the front of Plot 1 and one additional tree to the front of Plot 4. Officers consider that the other indicative tree planting is acceptable.

The four trees that are to be lost by the access are considered to be of poorer quality with limited life expectancy. Request that tree T10 (sycamore) be retained within the proposal.

Greater Manchester Ecology Unit:- state that the submitted bat survey has been conducted by a suitably qualified surveyor and to an appropriate standard and therefore they have no reason to disagree with the conclusions of the survey, which state that there is currently no evidence to suggest that the buildings have any importance for bat conservation. Officers however note that the bat surveyor has recorded evidence of nesting birds in the buildings to be demolished. In the interests of protecting nesting birds Officers recommend that no demolition should commence during the optimum period for bird nesting (March to July inclusive) unless nesting birds have been shown to be absent. United Utilities:- no objection.

Representations Letters:- five letters of objection have been received from residents at 97, 118 and 120 Markland Hill Road, 20 Kingwood Avenue and 2 Markland Hill Close. These letters raise the following concerns:

• The submitted plans are out of date as they do not show extensions to the existing houses. The Council's minimum interface distances are therefore not met; • The proposed apartment building will over dominate the properties to the rear and privacy will be lost; • The height of the proposed buildings are out of character with the area; • Moorside and The Marklands should be renovated rather than demolished as they add character to the area; • The protected trees should not be allowed to be felled; • The trees proposed to be felled are significant in size and are of amenity value; • A number of trees have already been lost from the site; • The proposed access into the site is unacceptable and to the detriment of highway safety; • Any proposed access should be located opposite Ina Avenue, as it would have less impact on the surrounding properties; • Increase of traffic on an already busy road; • The proposed road, than runs the length of the development, will be intrusive to the neighbouring property at 97 Markland Hill Road; • There is no need for more flats in the area, particularly as many are unsold; • Apartments appeal to transient residents; • The proposed balconies are out of character with the area; • The balconies add to concerns regarding overlooking distances; • Plot 6 will overlook the garden and bedroom window of 97 Markland Hill Road; • The density of the development is out of keeping with the area; • Security issues.

One letter of support has been received from 7 Verdure Avenue, who supports the proposal as they consider the development would be a visual improvement.

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

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

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

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

The main impacts of the proposal are:-

• impact on urban regeneration • impact on the character and appearance of the surrounding area • impact on the amenity of neighbouring residents • impact on trees • impact on the highway

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

The principle of residential development on the majority of the site has already been established under planning approval 71764/05, which granted permission for six apartments in addition to the existing semi-detached dwellings on the site. The application site is located within an urban area and is defined as previously developed land, in that it contains existing dwellings and the curtilages of those dwellings. The site is within walking distance of bus routes along Markland Hill Lane and Chorley Old Road and as the proposal is only relatively small in scale it is unlikely to have a significant impact on the capacity of the local infrastructure or its ability to absorb the development. It is therefore considered that this application would satisfy the criteria within PPS3 as well as Policy H3 of the UDP.

Impact on the Character and Appearance of the Surrounding Area Policy D2 of the UDP requires that the design of new buildings respect the character of the area in which they are situated. Policy H5 states that new housing developments should be laid out at a net site density of 30 dwellings or more per hectare unless it can be clearly demonstrated that this is not achievable because of the site specific constraints or the need to give priority to other planning objectives. The application proposes a net density of 30 dwellings per hectare (twelve units on 0.4 hectares of land), meaning that the site is of low density and in keeping with the surrounding development.

Moorside and The Marklands, and their neighbours at Bottlebrick House and Dinmore all stand at approximately 9.4 metres high and are two and a half storeys (having dormers in the roofs). The six dwellings proposed within the residential development are also considered to be two and a half storeys and are 9.5 metres in height, 0.1 metres higher than the buildings they are to replace. It is therefore contended that the heights of the proposed dwellings would not be out of character with the area. The widths of the plots are also in keeping with the existing semi-detached houses that adjoin the site.

After advice from the Planning Officer, the Applicant has amended the siting of Plots 1 to 4 so that they are now true semi-detached properties, rather than being attached by their garages. This has helped to break up the massing of the dwellings proposed along the site frontage, which is more sympathetic to the street scene of Markland Hill Lane.

The apartment building sited to the rear of the development site is also proposed at two and a half storeys but is 11 metres high to the ridge, though only 8.5 metres to the eaves. Though the ridge height of this building is about 1.5 metres higher than other buildings in the area, it is nevertheless considered that the building would not unduly affect the character and appearance of the surrounding area.

The design of the development is considered to respect the character of the adjacent dwellings and that of the wider area and thereby complies with Policy D2 of the UDP.

Impact on the Amenity of Neighbouring Residents PCPN2 "Space Around Dwellings" sets out the minimum distances required between dwellings to ensure privacy and make sure that new development relates well to surrounding residential properties.

Plot 1 (two and a half storey house) Plot 1 of the proposed development has the closest relationship with the existing houses surrounding the application site. The side of the garage proposed for Plot 1 is shown on the submitted plans as being 11.5 metres from the rear outrigger of 32 Lingmoor Road. The rear outrigger has however been extended by approximately 2 metres (no shown on the submitted plans) and contains a kitchen window on the end of the extension. The side of the proposed garage for Plot 1 is therefore only 9.5 metres from a main window of 32 Lingmoor Road. The proposed garage is one and a half storeys in height, in that a room is proposed above with a dormer. The Applicant has reduced the height of the garage in their amended plans from 6.4 metres to 5.2 metres, to reduce the impact of the garage on the rear of 32 Lingmoor Road. The amended garage is therefore only slightly higher than a single storey garage would be with a pitched roof.

PCPN2 prescribes the minimum interface distances required between properties and states that where the elevation of a new dwelling contains no principal window a minimum distance of 13.5 metres is required. However, PCPN2 also makes provisions for instances where a change in levels occurs between the sites, or where there is a difference in terms of storeys. There is indeed a change in levels between the application site and 32 Lingmoor Road and it is proposed that the ground floor level of Plot 1 will be set approximately 1.5 metres below that of 32 Lingmoor Road. The proposed garage is also only one and a half

61 storeys in height rather than two storeys. it is therefore considered that the siting of the garage of Plot 1 will not detrimentally impact on the amenity of 32 Lingmoor Road, with only the roof of the garage being visible over the boundary fence.

The main body of Plot 1 is to be described as two and a half storeys, as the third floor accommodation is to be facilitated within the pitched roof. The heights of Plots 1 to 4 are 9.5 metres to the ridge. The submitted plans show the interface distance between the main body of Plot 1 and the rear outrigger of 32 Lingmoor Road to be 14.5 metres, however, with the kitchen extension at 32 Lingmoor Road, the interface distance will only be 12.5 metres. As mentioned above, there is a difference in ground levels between the application site and 32 Lingmoor Road of 1.5 metres, meaning that Plot 1 will appear to be only 8 metres tall from 32 Lingmoor Road, approximately the height of a two storey dwelling. Although the proposed interface distance between Plot 1 and 32 Lingmoor Road does not meet the minimum requirements prescribed within PCPN2 (13.5 metres), it is considered that a reduction of 1 metre in distance between the properties would not greatly affect the amenity of 32 Lingmoor Road.

Plots 7 to 12 (two and a half storey apartment building) Like the proposed houses, the third floor of the apartment building will be accommodated within the roofspace. The height of the apartment building is proposed at 11 metres to the ridge and 8.5 metres to the eaves. The building is to be sited to the rear of the development site. The amended plans illustrate that the rear of the proposed apartment building will be 26 metres from the rear of 20 Kingwood Avenue. This 26 metres is measured from the original rear elevation of 20 Kingwood Avenue and therefore does not take into account the extensions undertaken at the rear, which extend a further 3 metres. If the extensions to the rear of 20 Kingwood Avenue where to be taken into account calculating the interface distance, the proposed apartment would be 23 metres away. PCPN2 requires a minimum interface distance of 21 metres for two storey buildings and 24 metres for true three storey buildings.

A two and a half storey apartment building was approved at the rear of the application site under application 71764/05. This building was proposed 21 metres away from the rear of the extensions at 20 Kingwood Avenue, but was conditioned (at the request of Members) to be sited a further 2 metres away from the southern boundary of the site (condition 10) to allow an interface distance of 23 metres.

The proposed apartment building is therefore sited the same distance away from 20 Kingwood Avenue as the previously approved apartment building (71764/05, with condition 10). The proposed apartment building is however 1 metre taller than the previously approved building, but this difference in height is still considered to comply with the guidance set out in PCPN2. The southern boundary of the site also benefits from the siting of seven tall protected trees that will be retained within the development and will help screen the apartment building from the residents on Kingwood Avenue.

Plots 5 & 6 (two and a half storey houses) Plots 5 and 6 face the side of Bottlebrick House (97 Markland Hill Lane) and Plot 5 is 18 metres away. The side of Bottlebrick House does not contain any main windows and therefore only 13.5 metres would be required between the existing dwelling and Plot 5. It is

62 considered that Plots 5 and 6 would not have a detrimental impact on the amenity of Bottlebrick House as they are sited sufficiently far enough away and would certainly not impact on a 30 degree angle taken from the southern elevation of Bottlebrick House.

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

A significant number of trees protected by Tree Preservation Orders (TPOs) bound the application site to the north, south and east. Further protected trees are grouped to the west of the site. Seven of these trees are proposed to be removed, three from the site frontage with Markland Hill Lane and four at the south eastern corner of the site. The Applicant originally proposed to remove ten trees, but after comments from the Council's Tree and Woodlands Officers they have agreed to retain two trees along the boundary with Bottlebrick House and an additional protected tree in the western group of trees.

Officers consider that the four trees that are to be lost by the apartments' car park are of poorer quality, with limited life expectancy, and therefore do not object to their removal. Whilst officers believe that the trees to be lost along Markland Hill Lane are of amenity value, they have requested that an additional four trees are to be planted along this frontage to replace the lost trees. These replacement trees are to be requested through a landscape condition.

Tree and Woodlands Officers confirm that the indicative tree planting proposed by the Applicant is acceptable, subject to detailed design through a condition.

As requested by the Council's Tree and Woodlands Officers, the Applicant has submitted a statement to demonstrate that the two large mature beech trees to the side of Bottlebrick House will not be detrimentally affected by the construction of the access road. This information has been passed to the Officers and any further comments will be reported at the meeting.

It is considered that the proposed residential development will not have an adverse impact on the protected trees within the site that are to be retained, and sufficient replacement planting is proposed for those that will be lost. The application therefore complies with Policies N7 and N8 of the UDP.

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

63 The Council's Highways Engineers have not raised any objection to the application and therefore it is considered that the proposal would not adversely affect highway safety in the area.

Each dwellings is to have a garage and driveway and ten parking spaces are proposed for the six apartments, complying with the parking standards set out in Policy A6 of the UDP.

Value Added to and by the Development The Applicant has submitted amended plans taking into account comments from both the Planning Officer and the Council's Tree and Woodlands Officers. The proposed apartment building has been moved 2 metres further into the site to increase interface distances with 20 Kingwood Avenue and Plots 1 to 4 have been divided so that they are now two semi- detached dwellings, to be more in keeping with the surrounding properties.

The small dwelling units proposed within the apartment building are uncommon in the Heaton area, therefore the proposal would make a positive contribution to the choice and mix of dwelling types in the locality.

Conclusion The proposal is considered to make a positive contribution to good urban design and to the range of dwellings available in the Heaton area. Although interface distances between Plot 1 and 32 Lingmoor Road and the apartments and 20 Kingwood Avenue are tight, it is considered that the overall development would have sufficient regard to the surrounding dwellings. Members are therefore recommended to approve the application.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

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

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

Reason

In the interests of highway safety.

4. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 33.0 metres is provided at the junction of the access with Markland Hill Lane ,and subsequently maintained free of all obstructions between the height of 1.05 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

5. No development shall be commenced unless and until full details of the highway works at Markland Hill Lane comprising the re-kerbing/re-surfacing of the footway have been submitted to and approved by the Local Planning Authority, and none of the development shall be brought into use until such details as approved are implemented in full. Such works to be retained thereafter.

Reason

In the interests of highway safety.

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

Reason

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

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

Reason

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

8. No development shall be started until a minimum of 14 days notice in writing has been given to the Local Planning Authority that the protective fencing referred to in Condition 6 has been erected.

Reason

In order that the Local Planning Authority can inspect the protective fencing with a view to avoiding damage to tree(s)/shrub(s)/hedgerow(s) within the site which are of important amenity value to the area.

9. Trees and shrubs shall be planted on the site in accordance with a landscape scheme to be submitted to and approved by the Local Planning Authority before development is started. This scheme shall include the planting of a further three trees to the front of Plot 1 and one tree to the front of Plot 4. Such scheme shall be carried out within 6 months of the occupation of any of the buildings or the completion of the new development, whichever is the sooner, or in accordance with phasing details included as part of the scheme and subsequently approved by the Local Planning Authority; any trees and shrubs that die or are removed within five years of planting shall be replaced in the next planting season with others of similar size and species.

Reason

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

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

Reason

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

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

66 maintenance objectives have been met. Reason

To ensure that the development is safe for use.

12. No demolition shall commence during the optimum period for bird nesting, which is March to July inclusive, unless nesting birds have been shown to be absent from the site.

Reason

The Applicant's surveyor recorded evidence of nesting birds in the buildings to be demolished.

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

Reason

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

14. No development shall be commenced unless and until a detailed scheme showing the design, location and size of a bin store has been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the development is brought into use, and retained thereafter.

Reason

To ensure the development safeguards the character and visual appearance of the locality and the living conditions of nearby residents.

69 70 71 72 73 74 75 76

Date of Meeting: 06 September 2007 Item Number: 8

Application Reference: 77956/07

Type of Application: Full Planning Application Registration Date: 16/07/2007 Decision Due By: 10/09/2007 Responsible Andrew Lancashire Officer:

Location: REAR OF 64 NEW HALL LANE, BOLTON, GREATER MANCHESTER, BL1 5LG

Proposal: DEMOLITION OF GARAGES AND ERECTION OF ONE DWELLING AT REAR OF 64 NEW HALL LANE AND CREATION OF A DRIVEWAY AND DROPPED CROSSING TO NO 64 NEW HALL LANE

Ward: Heaton and Lostock

Applicant: Design A House Agent : A S Chapman Associates

Officers Report

Proposal The Applicant proposes the erection of a dwelling in the rear garden of 64 New Hall Lane. The proposal also includes a new driveway to 64 New Hall Lane with a dropped kerb access.

Site Characteristics The site is a property fronting New Hall Lane with a long rear garden. It is proposed that the new house would front Rydal Road which flanks the site to its south. Substantial trees are contained within the site and along the borders. The trees in the south east of the site are subject to a Tree Preservation Order.

The character of the area is made up of a mix of type and sizes of dwellings (generally detached and semi detached) with a good mix of tree cover in the area.

The prevailing scale of the surrounding area is 2 storeys.

Policy PPS1 Delivering Sustainable Communities PPS3 Housing PPG13 Transport

UDP Policies H3 Housing, D2 Design, A5 Roads, Paths, Servicing and Car Parking, N8 Trees

PCPN2 Space Around Dwellings, PCPN21 Highway Considerations, and PCPN27 Housing

History Planning application for the erection of a detached dwelling was refused in March 2007 (76156/07)

77 Technical Consultations Bolton Council - Highway Engineers:- subject to conditions requiring a new driveway at 64 New Hall, no objections. £1,500 is required towards traffic calming measures in the area.

Bolton Council - Environmental Health Officers:- no comments have been received.

Bolton Council – Tree and Woodland Officers:- the proposals retain the better trees and as such there are no objections to the proposals. Measures to protect the trees through the construction phase are required.

Representations Letters:- 6 letters of objection have been received on the grounds of: •Building line not in keeping •Eaves line not in keeping •Impact on character of the area •Overdevelopment •Out of keeping with the area •Traffic congestion through loss of garage and an extra house

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

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

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

The main impacts of the proposal are:-

* the principle of residential development * impact on the contribution to good urban design * impact on the living conditions of surrounding properties * impact on the highway * impact on trees

The Principle of Residential Development National policy on residential development is contained in PPS3 Housing. In order to promote more sustainable patterns of development, PPS3 makes it clear that the focus for additional housing should be existing towns and urban areas. It is important that new housing is located where it is accessible to jobs, shops and services by modes of transport other than the car. The inefficient use of land should be avoided and to this end maximum use should be made of previously developed land. UDP Policy H3 and PCPN 27 Housing are

78 reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPS3.

The site is located within the urban area. As it is formerly the garden area of 64 New Hall Lane and an infill plot in a residential area, it also falls within the definition of previously developed land as set out in Annex B of PPS 3. It is accessible by bus, walking and cycling and is served by the public drainage system. The principle of the development is therefore acceptable.

The proposed residential development of this site is considered to be acceptable in principle.

Impact on the Contribution to good urban design and the Character and Appearance of the Area UDP Policy D2 states that the Council will permit development proposals that contribute to good urban design. Proposals should be compatible with, or improve their surroundings.

The proposed dwelling is actually smaller than that of the large semi detached properties and has a lower roof and ridge line. It is not considered to look detrimental in the street scene when considering that other properties are varying in size and type in the locality.

The building line to New Hall Lane is set back from the road by 7m, and the proposal is set back by 6 metres to the common building line and 5 metres to the gabled entrance. The difference is not considered to make a detrimental impact on the character of the area since it is still considerably set back within the site.

A particular character of the area is that dwellings are surrounded by large gardens and trees. The proposed dwelling has a medium sized garden to the side and rear which measures 186 square metres. This size is considered to be adequate and spacious enough to be in keeping with the prevailing garden sizes of the area.

The proposed detached property is considered to be in keeping with the character of the area.

The proposal complies with policy D1, D2 of the UDP.

Impact on the Living Conditions of Surrounding Properties PCPN2 sets out the spaces around dwellings, minimum interface distances to prevent new development causing overlooking, loss of privacy or dominance of outlook.

The proposal is sited to the rear of the site leaving only 1.5 - 2.5 metres from the rear boundary. To the rear is the garden of 62 New Hall Lane which is overlooked by the proposal. Currently, several main windows would overlook this garden and would impact on the living conditions of this space. However, it is considered that these windows can be relocated and/or obscured by a condition. Provided that a amended plan is submitted or a condition is imposed, the proposal will not unduly affect the living conditions in the private garden space of 62 New Hall Lane. Progress in respect of this aspect of the scheme will be reported at the meeting.

79 Subject to this it is considered that the proposal would comply with PCPN2 and PCPN3.

Impact on the Highway UDP policy A5 seeks to ensure that development does not have a detrimental impact upon the highway, this policy objective is supported by PCPN21.

The application was amended to include 64 New Hall Lane and a driveway improvement scheme as a result of losing the garage for use by 64 New Hall Lane. Highway Engineers have no objection to the proposal and have recommended conditions to secure the driveway improvements and retention.

The new dwelling has an inset garage proposed with a 6m driveway. This proposal is sufficient to serve the development and is compliant with the Council's policies relating to the road network.

Impact on Trees Policy N8 states that the Council will allow felling or pruning of TPO trees if they are part of a development proposal and it is part of good sivicultural practice or the trees pose a threat to safety.

The Applicant has submitted a tree survey and report by Arboriculture consultants Oak- Leigh.

The report analyses the health, quality and amenity of the trees on site. The survey identifies 27 trees and recommends that 6 large trees on the southern boundary to the site are retained. These trees are all in the Tree Preservation Order. All but three of the trees to be felled are outside the TPO area and those included are inferior in size and amenity value.

Through consultations with the Council's Tree and Woodland Officer, the proposal is considered to comply with Council Policy. No objections have been received from the Tree and Woodland Officer.

Conclusion The proposal for the detached dwelling has been significantly reduced in size and footprint from the previous refusal and is now considered to comply with policy.

The dwelling is considered to be in context with the street scene and there would be sufficient garden space and car parking. The scheme will also preserve adequate tree coverage and complies with policy. Provided that the rear windows are amended in line with Officer comments or obscured for privacy reasons, the proposal will comply with policy.

The proposal is therefore recommended for approval.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

80 this permission.

Reason

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

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

Reason

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

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

81 phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

4. Unless otherwise agreed in writing with the Local Planning Authority, prior to the development hereby approved/permitted being brought into use, the bedroom windows in the northern elevation of the development hereby approved/permitted shall be provided with and permanently glazed, in textured glass whose obscuration level is 5 on a scale of 1 - 5 (where 1 is clear and 5 is completely obscure).

Reason

To ensure adequate standards of privacy are obtained.

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

Reason

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

6. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Rydal Road has been closed to vehicles, and the existing highway made good to adoptable footway standards. There shall thereafter be no means of vehicular access to or from Rydal Road, other than as shown on the approved plan.

Reason

In the interests of highway safety.

7. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 90 metres is provided at the junction of site access to 64 New Hall Lane with New Hall Lane ,and subsequently maintained free of all obstructions between the height of 0.6 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

8. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 2.4 metres is provided at the junction of access to new dwelling with back of footway on Rydal Road ,and subsequently maintained free of all obstructions between the height of 0.6 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

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

Reason

In order to avoid damage to trees within the site which are of important amenity value to the area.

Date of Meeting: 06 September 2007 Item Number: 9

Application Reference: 75979/06

Type of Application: Reserved Matters Registration Date: 27/11/2006 Decision Due By: 26/02/2007 Responsible Peter Ashby Officer:

Location: LAND AT LOSTOCK LANE, LOSTOCK, BOLTON

Proposal: APPROVAL OF DETAILS OF LAYOUT, APPEARANCE, SCALE AND LANDSCAPING FOR 301 DWELLINGS (137 APARTMENTS AND 164 HOUSES)

Ward: Horwich and Blackrod

Applicant: Garfield Bennett Trustees Ltd Agent : Persimmon Homes North West

Officers Report

Background This application was deferred at the meeting of the 5th April 2007 to the Director to issue the planning permission pending the submission of amended plans to resolve outstanding layout and highway issues as well as to agree the content of an associated Unilateral Undertaking. Upon resolution of these matters the decision notice was to have been issued following consultation with ward members.

The applicant has considerably revised the layout and design of the proposal and reduced the number of units from 306 to 301. It has been necessary to re-advertise the scheme in view of these amendments.

Committee in delegating the decision to the Director had accepted the principle of the development so the following Report incorporates elements of the original report for Members information as well as updated information re the amendments and present position.

Proposal This reserved matters application which is for layout, scale, appearance and landscaping, proposes a mixed residential development of 301 apartments, terraced, semi detached and detached houses. The site will be entirely accessed from Lostock Lane where the junction will be improved. The new access road which is largely on the line of an existing internal roadway will ultimately also access the Bolton Wanderers football academy development and its associated playing fields.

The development faces Lostock Lane where 4 storey apartments are proposed and it includes an access road to serve the Greenhalgh's bakery site which crosses an existing cycle/walk way along Ox Hey Lane to the north of the site. There will also be pedestrian links and an emergency vehicular access adjacent to the proposed area of open space. Within the site there is a mix of two and three storey houses some with integral garages and others with front car parking spaces only. 85

The layout incorporates a play area adjacent to Ox Hey Lane and areas of private open space and peripheral trees and hedgerows will be retained as part of the development.

As part of the application First Investments have proposed the preparation of a Business Master Plan for the majority part of the adjoining commercial area and have undertaken to provide 120,000 square feet of new/refurbished Grade A business accommodation. This is proposed for delivery via a Unilateral Undertaking.

A Traffic Impact Assessment, a Noise and a Ground Contamination report have been submitted with the application.

Site Characteristics The application site comprises the car parking area for the former British Aerospace site together with the a recreation ground which is utilised by the Lostock Sports Club. The car park area is only partially used at present and a portion is covered by demolition materials. The playing fields comprising a bowling green, cricket pitch and football and rugby pitches together with temporary changing room accommodation.

The site slopes gently from south to north and is separated from residential development of bungalows and houses and part of the Greenhalgh’s bakery site to the north of Lostock Lane and Ox Hey Lane by a belt of trees and hedging which decreases in height to the east along the southern boundary of Ox Hey Lane.

There is a belt of trees along the western boundary of the site and industrial buildings lie to the west of Lostock Lane. To the south of the site at a higher level are the substantial industrial buildings on the former BAe site and associated vehicle parking and manoeuvring areas. To the east is open countryside which is presently being laid out as playing fields for Bolton Wanderers Football Club.

Ox Hey Lane to the north and Mill Lane to the east of the site have been laid out as a cycleway. A substantial hedge forms a barrier between the site and Mill Lane.

Policy PPS1 Delivering Sustainable Development PPG3 Housing PPS11 Regional Planning PPG13 Transport PPS23 Planning and Pollution Control PPG25 Development and Flood Risk

RSS for the North West (2004) Policies DP1, DP2, DP3 and DP4 Core Development Principles: Sustainable Development, Enhancing the Quality of Life, Design Quality, Economic Growth and Social Inclusion, SD1 Urban Renaissance, Policy UR3 Accessibility, UR4 Previously Developed Land, UR6, UR7 and UR8 Housing, UR10 Public Realm, ER5 Nature Conservation, SD9 Regional Transport Strategy, EQ1 Contaminated Land and Appendix 4 Maximum Parking Standards.

86 UDP Policies H1, H2 Housing Supply, H3 Housing Applications, H5 Housing Density, O4 Open Space, O8 Public Rights of Way, D1, D2 Design, D3 Landscaping, D5 Public Art, EM2 Incompatible Uses, EM4 Contaminated Land, EM10 Surface Water Run-off, E5 Protection/Regeneration of Existing Employment Areas, E6 Improvement of Existing Industrial Areas and Premises, N5 Landscape Features, N7 Trees, Woodland and Hedgerows, A1 Accessibility, A4 Developer Contributions, A5 Roads, Paths, Servicing and Parking, A6 Maximum Parking Standards, A7 Minimum Cycle Parking Standards, A8 Major Development, A10 Traffic Management, A16 Pedestrians, A17 Cyclists, A19 Road Improvements and A20 Implementation and Conditions.

PCPN1 Health, Well Being and Quality of Life, PCPN2 Space Around Dwellings, PCPN7 Trees: Protection and Planting in New Development, PCPN8 The Provision for Children's Play within New Residential Developments, PCPN10 Planning Out Crime, PCPN18 Provision for Cyclists, PCPN21 Highway Considerations, PCPN22 Public Art, Draft PCPN26 Affordable Housing, PCPN27 Housing and PCPN30 Education.

The trees along the north western site boundary are protected by the Bolton (Lostock Lane, Alexandra Road and Ox Hey Lane) Tree Preservation Order 2004.

History Under application 62283/02 planning permission was granted on the 16th January 2003 in outline with means of access shown on land within the former BAe site. A plan submitted with the application indicated the development of the land with:- a) A football academy comprising an extension to the existing training building on land used as playing fields to form an indoor football school. The application plan indicated a 50 space car park within this part of the site with additional parking to the east of Mill Lane. b) The residential development of the existing car park area and bowling green. The displaced car parking was shown to be relocated on land currently occupied by buildings to the south of the existing industrial complex on the north side of Hall Lane. c) The development of the existing playing fields for light industrial (B1) and warehouse (B8) uses.

The highway details involved a single access from Lostock Lane. A spur from this road was shown to run to the north crossing Ox Hey Lane and providing an access to the Greenhalgh's Bakery site.

This outline planning permission was subject to the following conditions:-

3 None of the dwellings hereby permitted shall be occupied until the Local Planning Authority has confirmed or agreed to the contrary in writing that:- a) The proposed access road to Greenhalgh’s Bakery has been constructed and made available for public use.

87 b) The change of use of the training building and erection of the indoor football school has been carried out. c) The playing surfaces and pitches on land to the east of Mill Lane have been laid out.

4 No development of the B1 and B8 parts of the proposal shall be commenced until a scheme for the relocation of the existing recreational facilities within the site has been submitted to and approved in writing by the Local Planning Authority (following consultation with the Lostock Sports Club and Sport England).

5 No development shall be commenced on any part of the site used for playing fields until the Local Planning Authority has confirmed in writing that a relocation scheme approved pursuant to Condition 4 has been implemented.

7 No development of the residential site shall be commenced until full details of the alternative car parking provision to be provided have been submitted to, and approved in writing by the Local Planning Authority and implemented in full. The alternative car parking area shall thereafter be retained.

The development subject of this application could not be implemented until these conditions had been discharged.

Although the plan submitted with the application indicated that the residential component of the scheme would be on the existing car park land adjacent to Lostock Lane, the planning permission granted was not prescriptive as to which parts of the site could be used for any of the permitted uses.

Condition 12 required a contamination survey to be submitted, condition 19 related to the prevention of access to Ox Hey Lane and Condition 20 required the provision of an access to Greenhalgh’s Bakery.

Full planning permission was also granted under application 62283/02 for:- a) The change of use of the existing training building to a football school. b) The layout of 13 playing fields, one artificial, on agricultural land to the east of the former BAe site together with a car park with 104 spaces and the fencing of the artificial pitch and training pitches. c) The layout of access roads.

The highway details involved a single access from Lostock Lane which was to run between the proposed residential and industrial buildings and the existing industrial site before crossing Mill Lane to access the car parking area. A spur from this road was shown to run to the north, crossing Ox Hey Lane to provide an access to the Greenhalgh's Bakery site.

88 When the application was determined the Planning Committee requested that a Liaison Committee be set up so that local residents would be informed about further developments on the site.

Under application 68157/04 planning permission was granted on the 2nd September 2004 for an extension of the time within which reserved matters could be submitted and the development commenced pursuant to the outline planning permission granted under application 62283/02.

Reserved matters application 72337/05 for the erection of 166 dwellings on the car park site and part of the former playing fields was withdrawn in December 2006.

Application 72789/05 which was approved on the 31st March 2006 was an amended submission for the layout of the playing field element of the original scheme with an access from Hall Lane as the intended access from Lostock Lane could not be provided. Development of the playing fields is ongoing.

Applications 58089/00 and 58990/00 for the development of land to the north of the industrial buildings for industrial units and associated car parking were withdrawn in April 2001.

Technical Consultations Bolton Council as Highway Authority - Highway Engineers:- Highway Engineers are satisfied with the information in the Transport Assessment and recommend that permission be granted subject to the imposition of conditions.

Bolton Council - Environmental Health Officers:- agree with the recommendation of the contamination survey that some further investigations are necessary but consider that this issue can be covered by a planning condition.

Bolton Council - Landscape Architects:- commented on the original submission that the open space area should be relocated so as to be adjacent to the Ox Hey Lane cycleway. A commuted sum will be required. Existing trees and hedgerows should be protected. The revised play space details are acceptable although additional pedestrian links will be required. Additional comments on the detailed landscape scheme will be reported on the Schedule of Supplementary Information or the matter will be covered by condition.

Bolton Council - Tree and Woodland Officers:- The buildings adjacent to the belt of trees in the north western corner of the site are so close that there will be problems of overshadowing and shade. Details are required of the management of this tree belt.

Bolton Council - Conservation and Urban Design Officers:- have been involved in negotiating revisions to the layout and design of the buildings particularly on the important Lostock Lane frontage. Consider that the elevational and layout improvements are a considerable improvement although still have reservations about the number of apartments. Consider that detailed design issues can be resolved by condition.

89 Bolton Council - Strategic Housing Officers:- request the provision of affordable housing as the proposal exceeds the 25 unit threshold. It is suggested that the provision is obtained via a representative cross section of housing types being offered at a discount to a Registered Social Landlord or an indicative requirement of £2,298,880 was calculated for the 306 units.

Bolton Council Education Officers:- indicate that there are sufficient surplus places within the primary school sector although there is no capacity within the secondary sector. A commuted sum of £459,365 was requested for the 306 units.

Greater Manchester Police - Crime Prevention Officers:- raise no objections in principle though express concerns with regard to lack of defensible space to the apartments and further details of boundary treatments. The scheme should comply with the requirements of the Secured by Design Award.

United Utilities:- have no objection in principle; foul and surface water can be drained into sewers in Alexandra Road and a water supply is available.

Representations Letters:- 112 standard letters were received on the original scheme objecting on the grounds that:-

• The interests of the Lostock Sports Club should not be prejudiced by the proposal. • The local road network is at capacity. • The 150 car parking spaces which have been approved to replace those that will be lost as a part of this proposal will not adequately compensate for the loss. • Primary school provision is inadequate. • The scheme will impact negatively on the adjacent cycle/walkway. • Extra airborne pollution from the additional traffic. • The contamination of the site should be addressed.

Another 5 residents objected on the additional grounds that:-

• Not all of the conditions of the original application have been discharged. • The layout does not conform to the original intentions for the development. • Local infrastructure is inadequate. • The four storey apartment buildings on the south side of Alexandra Road will overlook the bungalows to the north. • The amount of apartment buildings on Alexandra Road and Lostock Lane will be out of keeping with the area. • Lack of affordable housing provision

The latest amended plans have been re-advertised and 17 standard letters have been received raising concerns about:-

• Anxiety for the Lostock Sports Club • The lack of an Environmental Impact Assessment • Drainage problems on Alexandra Road and Lostock Lane

90 • Lack of affordable housing • Traffic problems

Greenhalgh’s Craft Bakery indicated that the access road to their premises is essential and new housing will be too close to the new access road, the road does not link to their premises and there is insufficient information as to how the access will be safeguarded.

Town Council:- the Horwich Town Council considered the application at their meeting of the 23rd August and raised objections on the following grounds:-

• increase of traffic to the detriment of highway safety in the area; • overdevelopment; • lack of affordable housing within the scheme.

Liaison Committee:- When Members considered the original planning application on the site it was requested that a Liaison Committee be set up with the applicants, Council Officers, ward Councillors and local residents to discuss further developments on the site.

On the 10th January 2006 a meeting of the Liaison Group was held between the applicants for the scheme, Council Officers, ward Councillors, 6 local residents and a representative from the Lostock Sports Club when the then proposals were outlined by the applicants and questions answered. Subsequent to the meeting, local residents have been kept fully informed of details which have been submitted pursuant to the development of the Bolton Wanderers football fields. Until the submission of this latest housing application there had been no matters to report with regard to the land within the BAe site.

On the 22nd January 2007 at a second meeting of the Liaison Group the current application was discussed. The questions raised by the Lostock Residents Association are detailed below with the Council's response in italics. 1. A large number of conditions relating to Application 62283/02 were issued on the 3rd of July 2002 and were confirmed as still applicable at the last Liaison Meeting in January 2006. Do all these conditions apply to Application 75979/06? All of the conditions on the outline planning permission relate to this reserved matters submission 2. Would the developers please explain their intentions with regard to conditions 4 ,12,19 and 20? The Council are still seeking the provision of the Greenhalgh’s access road in accordance with the outline consent and the applicants are in negotiation with the bakery. An application for the Bolton Wanderers football academy building is likely to be submitted shortly. A contamination survey has been submitted as part of this application and Envronmental Health officers have recommended the imposition of a planning condition requiring additional information. 3. These proposals are now very much different from those approved by the Planning Committee under Outline Application 62283/02 in terms of change of use, number of dwellings and parking spaces. Do the applicants and officers not see the case for a fresh

91 outline application, or at least a new environmental impact assessment purely on these grounds. The reserved matters application has been validly submitted; the original outline scheme did not require a full Environmental Impact Assessment and neither does this reserved matters submission. A new Traffic Impact Assesment has been sought. 4. In view of the recent Law Lords' decision ( R.Barker v Bromiley London Borough Council 2006 ) to require an environmental impact assessment at each stage of a multi- stage development and the major stages from the initial approved development plans for this site, has the developer submitted a new environment impact assessment with this application? As the original outline scheme did not require a full Impact Assessment, neither does the residential development subject of this application, the only significant additional impact is the extra traffic likely to be generated. 5. Published opinion of the highways department, used to refuse a recent application, is that traffic on Chorley New Road and surrounding roads is working at capacity. Will the Council now require a re-submission of the traffic survey to take account of changes of use and increased number of dwellings proposed? A new traffic survey has been sought; highway comments reported in the press relate to roads not likely to be affected by this scheme. 6. Has provision been made within the proposed new drainage system on the adjacent Bolton Wanderers' proposed sports fields for the additional water run-off caused by the increased density of these housing proposals? The scheme will be drained away from the Wanderer's adjacent playing fields and will not impact upon them. 7. Sport England's requirements, embedded in P.P.G.17 stipulate that there must be a seamless change-over arranged for Lostock Sports Club and the new facility must be equal in quality, quantity and convenience for both existing club members and any potential new members which is also pursuant to condition 6 . How are the applicants ensuring these stipulations are to be satisfied? Discussions are currently proceeding about a new site for the Sports Club; before any final decision is made, the club, the Council's Greenspace officers and Sport England will have to be involved. Any new development will also require planning permission. 8. We were informed at the last Liaison Meeting that 166 dwellings were likely to generate a requirement for an extra 25 primary school places. Pro-rata this application will generate a requirement for an extra 46 primary school places (about 2 classes). How do the applicants suggest this requirement is addressed? The Council's Education Officers have advised that there is a surplus of primary school spaces in schools close to the site and that existing primary schools can absorb the extra children likely to be generated by the development. 9. How is it intended to protect the new SUSTRANS cycle route from traffic, air pollution and disturbance caused by this housing development? This residential scheme will be entirely accessed from Lostock Lane. The Greenhalgh’s access road will ultimately cross the route as was envisaged in the outline

92 application as will the access to the Bolton Wanderers playing fields; the design of these crossings will be considered when applications are submitted for these parts of the development. The boundary to the route will be defined by existing and new hedging which will be separated from the curtilages of the dwellings by timber fencing.

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

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

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

The main impacts of the proposal are:- * impact on urban regeneration and housing supply * impact on the provision of affordable housing * impact on residential amenity and the character of the area * impact on the provision of employment land * impact on the provision of sporting facilities * impact on the highway * impact on public rights of way * impact on trees * impact on local infrastructure

Impact on Urban Regeneration and Housing Supply National policy on residential development is contained in PPG3. In order to promote more sustainable patterns of development, PPG3 makes it clear that the focus for additional housing should be existing towns and urban areas. It is important that new housing is located where it is accessible to jobs, shops and services by modes of transport other than the car. The inefficient use of land should be avoided and to this end maximum use should be made of previously developed land. PPG3 also promotes quality in new residential development, and explains that proposals should make more efficient use of land without compromising the quality of the environment. New housing should not be viewed in isolation, but its design and layout must be informed by the wider context. Policies H3 and H5 together with PCPN27 are reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPG3.

Notwithstanding the use of part of the site by the Lostock Sports and Social Club, the application site is wholly within the original BAe site and approximately one third is occupied by a hard surfaced parking area. It was accepted by the outline planning permission that the whole of this area would be developed and this residential scheme is validly submitted as a reserved matters application.

The development of this windfall site is important in making a contribution to the Council’s housing supply commitments. It is moreover considered that local infrastructure is capable of absorbing the proposed development and the associated traffic flows.

The proposal equates to a density of 50 dwellings per hectare (dph) which is reflective of the more efficient use of land associated with apartments. The proposed location is sufficiently sustainable to support such a density in principle. The development provides a range of accommodation including smaller one-bedroomed apartments as well as larger bedroomed detached properties. The site is within walking distance of a bus route and Horwich Parkway Cross Railway Station. The Applicant has provided footpath links to the adjacent footpath/cycleway to further improve pedestrian accessibility to and from the site.

It is therefore considered that having regard to housing policy framework at the national, regional and local levels, and the outstanding outline planning permission, the proposal would be an appropriate use of the site.

Impact on the provision of affordable housing UDP policy H4 requires the provision of affordable housing on residential sites of this size and the outline planning permission for the site was conditioned to the effect that affordable housing should be provided as part of the reserved matters submission.

The sum required for affordable housing was estimated at £2,298,000 The applicant has, however, provided details of abnormal site costs in bringing forward this site for development. Costs of site remediation due to contamination are claimed at £1,045,000 and of providing a site for the Bolton Wanderers football academy at £1,225,000. The residential development would also have to bear the costs of the play area, the Greenhalgh’s access road and the relocation of the Lostock Sports Club together with any highway improvements.

It is therefore considered both that it would be inappropriate to insist on the provision of a commuted sum as the scheme would thereby be rendered uneconomic and the benefits of the overall proposal in delivering the Bolton Wanderers football academy outweigh the need for affordable housing to be provided on this site.

Impact on residential amenity and the character of the area PPS1 encourages high quality and inclusive design in new development that functions well and adds to the overall character and quality of the area. UDP policy D2 supports this policy aim and seeks to encourage high quality design in new residential developments.

The scheme has been substantially amended since submission and the apartment buildings have been redesigned with a view to giving a more varied and interesting frontage to Lostock Lane. Concerns were raised in relation to the design when the application was last considered by Committee and many of these have been resolved in that:-

• The Lostock Lane frontage has been totally redesigned, elevations are more articulated and additional detail in the facades and there is more space about the built form.

94 • The rear amenity areas have been improved pedestrian routes and bin stores are shown and the car parking layouts improved. • The layout of detached, terraced and semi detached houses has been redesigned which will reduce the domination of car parking within curtilage and meet the Council's Space About Dwellings standards. • A landscape scheme has been submitted and highway requirements addressed. • The trees along the north-western boundary of the site have been incorporated into the scheme.

The Design and Conservation Officer is now satisfied that the outstanding design issues can be conditioned.

Play space policies and a condition of the outline planning permission require the provision of an on site play area and this has been relocated so as to be adjacent to the existing pedestrian and cycle routes to the north of the site. It will therefore be accessible to both this development and to the wider community. The Landscape Section are satisfied with the size and location of the play area and a commuted sum of £259,752 will be secured via the Unilateral Undertaking for its equipment and maintenance.

Impact on the provision of employment land Policies E5 Protection/Regeneration of Existing Employment Areas and E6 relate to the Improvement of Existing Industrial Areas and Premises. The original application was supported by a plan indicating that the eastern area of the site comprising the playing fields would largely be developed with industrial and warehouse buildings. This element of the proposal has been replaced by residential development and in lieu of this investment a Master Plan for the mixed redevelopment of the industrial buildings that were formerly occupied by British Aerospace will be submitted and the developer has agreed in principle to enter into a Unilateral Undertaking which in terms the will seek to guarantee delivery of :-

• A Master Plan for the existing industrial site by the end of the year • The refurbishment of 40,000 square feet of office floor space to Grade A standard expected by December 2009 • The refurbishment of 40,000 square feet of office floor space to Grade A standard expected by December 2012 • The construction of 40,000 square feet of new office space to Grade A standard expected by December 2015 • Acceptance that the potential residential development of an additional 1.5 acres of land adjacent to the proposed 16.9 acres of commercial development will not take place until the completion of the new-build phase referred to above.

It is considered that these identified and achievable benefits that will accrue from the Agreement will adequately compensate for the loss of the new industrial development which was indicated at outline stage.

Impact on the provision of sporting facilities PPG 17 Planning for Open Space, Sport and Recreation and UDP Policy O1 seek to promote the development of sporting facilities. The original outline and full planning permission for

95 this site allowed for the redevelopment of the existing playing fields and facilities occupied by the Lostock Sports Club on the BAe site but was subject to a condition which required the provision of compensatory facilities elsewhere. To date no details pursuant to the relevant conditions of the outline permission have been approved and the conditions remain extant. Sport England supported the original development and the provision of the football academy and the new playing fields and saw community benefits in the proposal notwithstanding the loss of the on site playing fields. This reserved matters application does not therefore impact on the need to provide a compensatory sports facility.

Two planning applications have now been submitted for the relocation of the Lostock Sports Club to land at Tempest Road and adjacent to the M61 at Chew Moor. The proposals (applications 76619/07 and 77824/07) are for the creation of football, rugby and cricket pitches and a bowling green together with clubhouse facilities with associated parking and landscaping. The applications, which have the support of the Lostock Sports and Social Club, are intended to discharge conditions 4 and 5 of the outline planning permission remain undetermined although they do indicate that progress is being made on the resolution of the relocation issue. The condition, moreover, cannot be discharged until such time as discussions have been held with Sport England.

More recently application 72789/05 for the development of the Bolton Wanderers playing fields has been granted permission and it is bringing forward the playing field element of the original composite application. Full community use of the new playing fields cannot, however, be achieved until the improved access and academy facilities have been made available. This reserved matters application leaves available a site for the academy building and will allow for access to be taken to the playing fields from Lostock Lane across Mill Lane as was envisaged in the original application.

Bolton Wanderers have recently submitted a reserved matters application for the academy which shows a link across Mill Lane to access the playing fields as was envisaged in the outline planning permission. A condition of the outline permission requires the submission of details which will preclude the use of Mill Lane to access either the academy or the playing fields, and it is likely that any access to Mill Lane will be gated with Bolton Wanderers controlling the access.

In the event of this application being approved it will facilitate the transfer of land from First Industrial to BWFC and thereby enable the academy development to be brought forward which will enhance the provision of sporting facilities within the Borough as was envisaged when the outline planning permission was granted.

Impact on the Highway PPG13 provides national policy guidance on transport and highway issues, with regard to housing development this supports the overall aims of PPG3 in encouraging sustainable development and reducing reliance on the car. PPG3 encourages 1.5 parking spaces per dwelling, and PPG13 states that developers should not be required to provide more spaces than they themselves wish. However, PPG13 goes on to state that this does not apply where there are exceptional circumstances, which might include for example where there are significant implications for road safety which cannot be resolved through the introduction or enforcement of on-street parking controls.

UDP Policies A5, A10, A16, A17 and PCPN21 seek to ensure that developments take account for the safety of highway users and the safe and efficient circulation of vehicles. Policy A6 and Appendix 7 secure the Council's maximum parking standards whilst Policy A7 together with advice in PCPN18, seeks minimum standards of cycle provision. Policy A9 seeks to ensure development is accessible by people with disabilities. Policy A19 seeks to ensure that Council proposed improvements are not prejudiced by developments. Policies A20 and A21 make it clear that the Council will use conditions and obligations to secure appropriate highway improvements. Policy O8 seeks to retain the integrity of public rights of way.

The means of access to the site and land use was approved under the outline application and full planning permission was granted for the access to the academy and playing fields to the east of the site. The outline permission, moreover, required the provision of an access to the Greenhalgh’s bakery site. Although the access to the bakery site is shown on the layout plans further details are required to indicate how it will link with the bakery and to address comments made by the Highway Engineers. A condition of the outline permission requires the bakery road must be made available for public use before any of the dwellings are occupied.

The Highway Engineers now raise no objections to the approved layout and recommend conditions relating to junction improvements and that there should be no additional accesses onto Mill Lane and Ox Hey Lane together with the provision of a SCOOT traffic signal control at the De Havilland Way and proposed Cranfield Road junctions.

The scheme provides for 1 car parking space per apartment and family dwellings have 2 off street parking spaces. Lostock is a high car ownership area and although it is likely that the low level of apartment parking provision will give rise to some on street car parking, the proposal complies with Council policy.

Impact on public rights of way UDP Policy O7 seeks to protect public rights of way. There is a cycleway and public footway to the north and east of the site along Ox Hey Lane and Mill Lane. The reserved matters subject of this submission do not impact on this right of way although ultimately details will have to be submitted pursuant to the outline permission for the proposed access road to the Greenhalgh’s site to cross it. This was envisaged in the outline permission and details of the necessary highway works at the crossing point will be secured by condition. It was considered that any harm to this right of way would be more than outweighed by the benefits that would accrue if heavy traffic were to be removed from the residential area to the north of the bakery site. The setting of the right of way will be maintained by the retention and reinforcement of boundary hedges where appropriate.

Impact on trees UDP Policy N5 seeks to retain existing landscape features and policy N7 relates specifically to trees, woodlands and hedgerows. The trees on the north western boundary of the site are protected by a Tree Preservation Order. Whilst the Tree and Woodland Officer is concerned about the proximity of some of the apartments to these trees it is considered that the incorporation of this tree belt into the development site and its proper management will

97 compensate for any tree loss occasioned by the development. Conditions are required to ensure that protected trees are adequately protected during construction.

Impact on local infrastructure Representations have been made to the effect that local schools cannot accommodate the additional children that will be generated by a development of this size and that public health provision will be inadequate. The Education Department has indicated that there is surplus capacity in local primary schools although there is a shortfall of secondary school places.

Despite these concerns this is a reserved matters application based on an original outline planning permission that was granted in 2003. The Supplementary Planning Guidance Notes relating to Education, Public Art and Public Health were all approved after the date of this planning permission and it is not therefore considered appropriate to obtain contributions for these matters at this stage as the outline permission was not suitably conditioned.

United Utilities consider the scheme acceptable in principle and have not indicated that there will be any problems in accommodating foul and surface water from the site.

A full contamination report has been submitted detailing necessary works of remediation. Conditions required by the Environmental Health Department have been imposed.

Value Added to and by the Development Implementation of the application will result in the guaranteed delivery of a significant amount of new and refurbished commercial development and it is a fundamental element in the provision of the Bolton Wanderers Football academy. Negotiations with the applicant have secured a scheme which now substantially complies with the Council's policies on design and Space About Dwellings and which is acceptable on highway grounds

Conclusion The additional costs of remediation and the provision of the Bolton Wanderers community facilities mitigate against the provision of affordable housing as part of the development. The scheme has, however, been amended to comply with other relevant policies and it will make a positive contribution to the area and Bolton as a whole.

Accordingly, it is recommended that the application is delegated to the Director for the issuing of the Decision Notice after the detailed terms of the Unilateral Undertaking have been agreed.

Recommendation: Delegate the decision to the Director

Recommended Conditions and/or Reasons

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

Reason

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

2. No development shall be commenced unless and until a reconstructed stone panel has been made available for inspection by the Local Planning Authority. Not less than 14 days notice in writing shall be given to the Local Planning Authority in order to allow for the inspection and approval of the panel. The pointing used on the development, shall be consistent with that on the approved sample panel.

Reason

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

3. No development shall be commenced unless and until detailed sections at 1:50 scale through the proposed apartments, a detailed elevation at 1:20 scale of the proposed eaves to the apartments and a detailed elevation at 1:50 scale of the proposed dormers have been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the building(s) is/are brought into use.

Reason

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

4. The development hereby approved/permitted shall not be brought into use unless and until a detailed specification for all doors and windows has been submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

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

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

Reason

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

6. Trees and shrubs shall be planted on the site in accordance with a landscape scheme to be submitted to and approved by the Local Planning Authority before development is started. Such scheme shall include a management scheme and supplementary planting for the tree belt on the north western site boundary and the boundary hedges to Ox Hey Lane and Mill Lane.

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

Reason

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

7. A scheme for the layout and landscaping, including the boundary treatment of that part of the site to the south of the main access road from Lostock Lane shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby permitted. Such scheme shall be carried out within 6 months of the occupation of any of the

99 buildings or the completion of the new development, whichever is the sooner, or in accordance with phasing details included as part of the scheme and subsequently approved by the Local Planning Authority; any trees and shrubs that die or are removed within five years of planting shall be replaced in the next planting season with others of similar size and species.

Reason

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

8. No building shall be commenced on the site until the play area/public open space, shown on the approved drawings, has been fenced and signposted in accordance with a scheme to be submitted to and approved by the Local Planning Authority before the commencement of the development. The fencing and signposting, as approved, shall thereafter be retained on site until the play area/public open space is dedicated to the Borough Council.

Reason

In order to ensure that adequate children's play facilities are provided to meet the needs of the future residents.

Reason

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

10. No development shall take place unless and until the existing hedgerows fronting/forming the boundary with Alexandra Road, Ox Hey Lane and Mill Lane within the site which is/are to be retained as shown on the approved plan have been fenced off using timber fencing of a design and in a position to be agreed by the Local Planning Authority, prior to the commencement of building or engineering operations. Thereafter, no excavation or other building or engineering operations shall take place and no plant, machinery or materials (including excavated material) shall be placed, deposited, stored or stacked within any such fence during the construction period.

Reason

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

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

Reason

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

12. Before the development hereby permitted is commenced a scheme for designing out crime which shall utilise the principles of Secured by Design shall be submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the relevant approved measures have

100 been implemented. The approved scheme shall be retained thereafter.

Reason:- In order to create a safe residential environment.

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

Reason

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

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

Reason

In the interests of highway safety.

15. The development hereby approved/permitted shall not be brought into use unless and until visibility splays measuring 2.4 metres by 70 metres are provided at the junction of all roads with the main site access road ,and subsequently maintained free of all obstructions between the height of 1.0 metre and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

16. The development hereby approved/permitted shall not be brought into use unless and until visibility splays measuring 2.4 metres by 33 metres are provided at all junctions within the development and subsequently maintained free of all obstructions between the height of 0.6 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

17. No development shall be commenced unless and until full details of the installation of SCOOT at the Lostock Lane/ DeHavilland Way traffic signals has been submitted to and approved by the Local Planning Authority, and none of the development shall be brought into use until such details as approved are implemented in full. Such works to be retained thereafter.

Reason

In the interests of highway safety.

18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) there shall be no means of vehicular or pedestrian access to the development hereby permitted/approved from Ox Hey Lane or Mill Lane other than that approved by this permission.

Reason

In the interests of highway safety.

19. The development hereby approved/permitted shall not be brought into use unless and until the

101 emergency vehicular accesses including that from Ox Hey Lane (west) have been constructed and laid out entirely in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority.

Reason

In the interests of highway safety.

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

Reason

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

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

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

22. In accordance with the recommendations of the Basic Site Investigation Report, (Cooper Associates, Dec 06) design of the further site investigations shall be submitted to, and approved in writing by, the Local Planning Authority. Such investigations shall include land outside the south eastern boundary of the application site, as identified in the Basic Site Investigation Report. No development shall commence unless or until the finalised Phase II Report has been submitted to, and approved in writing by, the Local Planning Authority. The Phase II Report shall include all site investigation data, generic quantitative risk assessment, and detailed quantitative risk assessment (where appropriate) Options Appraisal Unless otherwise agreed in writing with the Local Planning Authority, no development shall commence unless or until an Options Appraisal has been submitted to, and approved in writing by, the Local Planning Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. The Strategy will include any necessary works outside the south eastern boundary of the application site. Implementation of Remediation Strategy No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: i) Detailed remediation design, drawings and specification; ii) Phasing and timescales of remediation iii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; iv) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring

102 results; The Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales contained within, and the following reports shall be submitted to the LPA for approval in writing: v) Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met vi) Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason To facilitate the safe development of the site

23. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans prior to the first occupation of the development and retained thereafter.

Reason

To ensure a satisfactory means of drainage.

24. Before development commences details of the design and construction of the Greenhalgh’s access road including the turning head and crossing of the cycleway (which shall include the installation of bollards) shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is first occupied or brought into use and retained thereafter unless the Local Planning Authority has agreed to the contrary in writing.

Reason

To facilitate proper access to the bakery, to ensure adequate standards of highway safety are obtained and to prevent vehicular use of the cycleway.

25. No development shall be commenced until full details of the bin stores and detached garages have been submitted to and approved by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason

In the interests of visual amenity.

103

105

106 107 108

Date of Meeting: 06 September 2007 Item Number: 10

Application Reference: 77798/07

Type of Application: Full Planning Application Registration Date: 27/06/2007 Decision Due By: 26/09/2007 Responsible Helen Williams Officer:

Location: LAND ADJACENT THE LINKWAY, HORWICH, BOLTON.

Proposal: RENEWAL OF PERMISSION (61984/02) FOR ERECTION OF A FOUR STOREY OFFICE BUILDING TOGETHER WITH FORMATION OF 317 CAR PARKING SPACES AND NEW VEHICULAR ACCESS TO THE LINKWAY.

Ward: Horwich and Blackrod

Applicant: Orbit Investments (Northern) Ltd Agent : The Emerson Group

Officers Report

Proposal The application seeks to renew the planning consent for a four storey office building on the site that lapsed on 22nd August 2007. The site currently has permission for a five storey office building (12,604 square metres) with 401 parking spaces (76160/06), but the developer has stated that they have been unable to secure an occupier for this larger building and therefore wish to build the smaller building instead (measuring 7,484 square metres).

The design of the office development is unchanged to that approved under application 61984/02. The building will be constructed of brick and glazing and will be contemporary in design, addressing both The Link Way and Aspinall Way. 90 out of the proposed 317 parking spaces will be provided within a two tier car deck adjacent to Aspinall Way. Vehicular access is proposed from a newly created access off The Link Way.

The Applicant has indicated that, depending on the take/demand for the accommodation by potential occupiers, the proposal can be implemented in two phases by developing the larger part of the building (facing The Link Way) first.

Site Characteristics The application site comprises a roughly triangular piece of cleared land measuring 0.95 hectares, located to the north east of the roundabout at The Link Way and Aspinall Way. The site is within the Middlebrook Development and is opposite car parking to the Reebok Stadium and the new police station. Red Moss lies further to the west.

Policy PPS1 Delivering Sustainable Development PPG4 Industrial, Commercial Development and Small Firms PPG13 Transport PPS23 Planning and Pollution Control

109

RRS13 North West

UDP Policies: EM4 Contaminated Land; D1, D2 Design; D3 Landscaping; D5 Public Art; A3 Travel Plans; A5 Road Network; A6 Parking Standards; A7 Cycle Parking; A8 Major Development; A9 Access for People with Disabilities; A16 Pedestrians; E1, E3 Office Development.

PCPN10 Planning Out Crime PCPN18 Cyclists PCPN21 Highways Considerations PCPN22 Public Art

History A planning application for the erection of a five storey office (Class B1) building and associated multi storey car park, access and landscaping was granted permission at Committee on 22nd February 2007 (76160/06).

Planning permission for a four storey office building with 317 car parking spaces and a new access onto the Link Way was granted by Committee in August 2002 (61984/02).

Reserved Matters details of the siting, means of access, design and external appearance in respect of a motor car dealership, heritage centre and family entertainment centre with mixed business area was renewed in June 2001 (59068/01).

Outline planning permission for the erection of two storey mixed development comprising factory outlet centre (7,900 sq.m), heritage and tourism centre (700 sq.m), leisure unit (3,716 sq.m) and restaurant (500 sq.m).(siting and means of access only) was called in by the Secretary of State and refused following a public inquiry in December 1999 (54520/99)

Planning permission for erection of a drive throughout Indian restaurant (amendment to 54403/99) was granted in September 1999 (55259/99).

Planning permission for the erection of a motor spares unit, drive through restaurant and home improvement centre with parking, loading and service yard and an electricity sub- station was granted in March 1999 (54403/99).

Outline planning permission for the erection of an industrial heritage centre, a factory outlet village and an entertainment centre (siting and means of access details only) was withdrawn in October 1998 (52655/98).

Outline planning permission for erection of a replacement food superstore (siting and means of access details only) was withdrawn in October 1998 (52700/98).

Reserved Matter details of the siting, means of access, design and external appearance in respect of motor car dealership, heritage centre and family entertainment centre within the mixed business area was granted in September 1997 (51311/97).

110 Outline Planning permission for the erection of a single storey industrial heritage centre, factory outlet village and entertainment centre (siting and means of access details only) was withdrawn in September 1997 (50969/97).

Planning permission for development of land without complying with condition R7 on 45960/94 i.e. to allow retail sales (Class A1) at proposed motor dealerships was withdrawn in October 1997 (51309/97).

Outline planning permission for the erection of a replacement food superstore (9490 sq. metres gross floor space) (siting and means of access details only) was withdrawn in July 1997 (50921/97).

Outline planning permission for Bolton sports village comprising football stadium and pitches, leisure facilities, housing, commercial, industrial and retail with ancillary parking and roads was granted on appeal in June 1996 (45960/94).

Technical Consultations Bolton Council - Highway Engineers:- no objections subject to conditions.

Bolton Council - Environmental Health Officers:- have no objection in principle but recommend that a condition requesting a Phase I contamination study is attached to any consent.

Bolton Disability Access Group:- state that adequate disabled parking provision is required.

United Utilities:- no objection.

Representations Letters:- the proposal has been advertised on site and via the local press. No letters have been received.

Horwich Town Council:- raised no objections to the proposal.

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

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

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

111

Planning permission for a five storey office building (12,604 square metres) (application 76160/06) remains implementable on the site and is a material consideration of weight. The site is unallocated in the UDP other than being land appropriate for development and there has been no material changes in planning policy that prohibit the development of this site in the manner proposed since February 2007. Even without the approved development the proposal is entirely appropriate in principle and the main impact of the proposal therefore only relate to the reduced size of the proposed building.

The main impacts of the proposal are:-

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

Impact on the Character and Appearance of the Area PPS1 promotes good urban design and UDP Policy D2 requires that the design of new buildings respect the character of the area in which they are situated. The Applicant's Design and Access Statement provides a detailed and comprehensive assessment of the evolution of the design of the proposed landmark building.

As mentioned previously within this report, the proposed office development was granted planning permission in August 2002 (under application 61984/02) and this current application seeks to renew this permission. The application site also already has planning permission for a larger five storey office building (76160/06), which remains implementable on the site. The current proposal therefore sees a reduction in the height and massing of the currently approved building and therefore it is not considered that the building would adversely impact on the character and appearance of the surrounding area.

It is therefore considered that the proposal complies with national guidance and UDP Policy D2.

A landscape scheme for the site is to be requested through condition.

Class B1 office development was envisaged for this site within the original grant of planning permission for Middlebrook and the wider road infrastructure has been designed to accommodate such potential development. It is therefore considered that the existing highway network is capable of accommodating the proposed development, subject to appropriate conditions.

Other Matters The amount of floor space proposed within the office development exceeds the threshold for Public Art required by UDP Policy D5. However, as reported to Members on 22nd February 2007 (76160/06), the Applicant has already contributed a significant investment of £46,000

112 in the Spirit of Sport Public Art, which is considered should be partly in lieu of provision on this site. The Applicant is therefore willing to fund a much reduced element of public art on the site itself, which is considered to be in accordance with Policy D5 of the UDP and the detailed guidance within PCPN22. A condition is recommended to secure details of a reduced element of on-site public art once the tenant is secured and full construction costs are known.

Conclusion The proposal represents a significant and important investment in Bolton with the provision of a high quality office development. The proposal complies with national and local policy and is therefore recommended for approval.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. Phase I Report No development shall commence unless or until a Phase I Report (Preliminary Risk Assessment) to assess the actual and/or potential contamination risks at the site has been submitted to, and approved in writing by, the Local Planning Authority. The Report shall include a desk top study, site walk over, conceptual model, basic hazard assessment and recommendation regarding the need or otherwise for a Phase II Report. Phase II Report Should the Phase I Report recommend that a Phase II Report is required, then prior to commencement of any site investigation works, design of the Phase II site investigation shall be submitted to, and approved in writing by, the Local Planning Authority. Site investigations shall be carried out in accordance with the approved design and a Phase II Report shall then be submitted to, and approved in writing by, the Local Planning Authority prior to commencement of development. The Phase II Report shall include the site investigation data, generic quantitative risk assessment, detailed quantitative risk assessment (if required) and recommendations regarding the need or otherwise for remediation. Should the Phase I Report recommend that a Phase II Report is not required, but during construction and prior to completion of the development hereby approved, contamination or gas migration is found or suspected, the developer shall contact the Local Planning Authority immediately and submit proposals for investigation and remediation of the contamination or gas migration within seven days from the date that it is found or suspected to the Local Planning Authority for approval in writing. Options Appraisal Should the Phase II Report recommend that remediation of the site is required then unless otherwise agreed in writing with the Local Planning Authority, no development shall commence unless or until an Options Appraisal has been submitted to, and approved in writing by, the Local Planning Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. Implementation of Remediation Strategy

113 No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: i) Detailed remediation design, drawings and specification; ii) Phasing and timescales of remediation; iii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; and iv) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

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

Reason

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

4. Prior to commencement of development a scheme indicating the provision to be made for disabled people to gain access including level or ramped access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

5. The development hereby approved/permitted shall not be brought into use unless and until a maximum of 250 car parking spaces have been marked out and provided within the curtilage of the site, in accordance with the approved/submitted details. Such spaces shall be made available for the parking of cars at all times the premises are in use but shall only be used in conjunction with the office building and use of the land hereby approved/permitted and not for parking by the general public.

Reason

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

6. The development hereby approved/permitted shall not be brought into use unless and until that part of the site to be used by vehicles has been laid out, drained and surfaced in accordance with details to be submitted to and approved by the Local Planning Authority and shall thereafter be made

114 available for the parking of cars at all times the premises are in use.

Reason

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

7. Notwithstanding the approved plans, prior to commencement of development a scheme indicating the provision to be made for not less than 2 car parking spaces or 6% of the total car parking spaces, whichever is the greater, shall be submitted to and approved by the Local Planning Authority. The approved car parking area shall be laid out and reserved at all times for use by drivers with disabilities before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

8. Before development commences details of the provision to be made for cycle parking within the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development hereby approved is first brought into use and retained thereafter.

Reason

To encourage cycle use and provide adequate facilities for cyclists.

9. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay on either side of the site access to Linkway, and the visibility splay to the Advanced Direction Sign on Aspinall Way, as shown on the submitted plan no. 533-001 P2 has been provided and subsequently maintained free of all obstructions between the height of 1.05 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

10. The development shall not be occupied until a Green Travel Plan has been submitted to, and approved in writing by, the Local Planning Authority. This shall set out proposals for accessing the site by means of transport other than the private car.

Reason

To safeguard the amenity and character of the area.

11. Trees and shrubs shall be planted on the site in accordance with a landscape scheme to be submitted to and approved by the Local Planning Authority before development is started. The submitted scheme shall specifically include proposals for:- (a) the hard surfacing of the site; (b) the planting of semi-mature trees within the car parking fronting the Linkway; (c) the screening of the decked car parking area.

115

116

Reason

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

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

Reason

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

13. No development shall be commenced unless and until a detailed scheme showing the design, location and size of a bin store has been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the development is brought into use, and retained thereafter.

Reason

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

14. The development hereby approved/permitted shall not be brought into use unless and until a detailed scheme for the provision of public art has been submitted to and approved in writing by the Local Planning Authority. The public art shall be provided in accordance with the approved details within 6 months of the first occupation of the building, or the completion of the development, whichever is the sooner, and shall be so retained thereafter.

Reason

In the interests of the visual amenity and character of the area.

15. The premises shall be used for Use Class B1 (office) only and for no other purposes.

Reason

For the avoidance of doubt as to what is permitted.

16. The development shall be implemented in accordance with the level details shown on drawing no. 533-001 P2.

Reason

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

117

119 120 121 122

Date of Meeting: 06 September 2007 Item Number: 11

Application Reference: 76862/07

Type of Application: Full Planning Application Registration Date: 20/03/2007 Decision Due By: 15/05/2007 Responsible Oliver West Officer:

Location: BROWN COW, 36 CHURCH STREET, HORWICH, BOLTON, BL6 6AD

Proposal: ERECTION OF A SMOKING SHELTER IN REAR YARD

Ward: Horwich North East

Applicant: Ms J Robinson Agent :

Officers Report

Proposal This development is for a lightweight shelter in the back yard of an existing pub. The shelter is for smokers.

Site Characteristics The site is at the rear yard of an existing pub within a conservation area in Horwich. The location is primarily a residential area although there are various other uses nearby. The area comprises traditional stone terraced streets.

Policy UDP Policies A5, A6 (Appendix 7) Highways & Parking, D2 Design, D7 Conservation Areas, and EM2 Incompatible Uses.

PCPN 19 Conservation Areas

History There is no planning history at this site.

Technical Consultations Bolton Council - Highway Engineers:- the proposal will remove any potential for off- road parking provision at the premises and should therefore be refused.

Bolton Council - Environmental Health Officers:- recommend refusal. Express concerns over likely impact on the neighbouring residential property from noise disturbance and cigarette smoke. They also advise that the shelter does not comply with the requirements of the smoke free legislation.

123 Bolton Council - Conservation and Urban Design Officers:-the proposed shelter is well hidden by the boundary walls to the rear garden and is a relatively lightweight structure that will have little visual impact on the rear of the site. Climbing planters should be provided to provide some greening.

Bolton Access Group:- level access required into smoking shelter

Representations Letters:- 2 letters have been received from local residents. They raise concerns over noise and disturbance, design, smoke pollution to neighbouring dwellings. An applicant states that the shelter is contrary to article 8 of the European convention on human rights (the right to a private and family life).

Town Council:- Horwich town council have raised no objection to the scheme.

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

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

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

The main impacts of the proposal are:-

* impact on noise and disturbance * impact on design * impact on parking

Impact on noise and disturbance Policy EM2 seeks to prevent incompatible uses from being closely located. The pub is set within a residential area and adjoins a terraced house. The smoking shelter at the rear is immediately adjacent to the back yard of a residential dwelling. A letter of objection has been received from another close neighbour at 2 Duncan Street complaining of smoke drifting into their back yard, and noise and disturbance late at night including foul language. The Council's environmental health officers have stated that the application should be refused due to disturbance to residents and cigarette smoke affecting neighbouring properties. Although these concerns should be taken into account, they are partly caused by the location of the pub in a residential area. They will be worsened, but not caused, by the creation of the smoking shelter. On balance, the shelter should be allowed for a temporary period of one year, and with restricted hours of use, in order to mitigate the

124 effects and allow the Council to monitor the situation before granting a full planning permission.

Impact on design The proposed extension would be located discretely to the rear of the property. It would be small scale and would be largely screened by the boundary walls. The shelter is not generally visible and meets the requirements of policies D2 and D7.

Impact on parking The Council's Highways Engineers have raised objection as the proposal would remove any potential for off-street car parking at the premises. However, there would not be a significant loss of parking space as the land occupied by the shelter is limited and the Council does not normally require more parking spaces than are wanted by the applicant to prevent the encouragement of cars. No objections have been received from neighbours or Horwich Town Council and the proposal is considered to conform to policy A5.

Conclusion The proposal is recommended for approval subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. The premises shall not be open to customers except between the hours of (a) 9.00 AM and (b) 10.00 PM Monday to Sunday.

Reason

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

3. Prior to commencement of development a scheme indicating the provision to be made for disabled people to gain access including level or ramped access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

125 126

4. This permission shall be for a temporary period expiring on 6 September 2008 when the use of the land and building(s) hereby approved shall be discontinued and the building(s) removed and the land reinstated in accordance with a scheme to be approved by the Local Planning Authority before the expiry date.

Reason

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

127

129 130

Date of Meeting: 06 September 2007 Item Number: 12

Application Reference: 78010/07

Type of Application: Full Planning Application Registration Date: 23/07/2007 Decision Due By: 17/09/2007 Responsible Andrew Lancashire Officer:

Location: LAND OFF PENNINE ROAD / CHILTERN CLOSE, HORWICH, BOLTON

Proposal: ERECTION OF 8 NO. TWO STOREY DWELLINGS AND ASSOCIATED ROADS AND ACCESS

Ward: Horwich North East

Applicant: Places For People Agent : Pozzoni LLP

Officers Report

Proposal This proposal is a full planning application to erect 8 two storey houses on the former garage colony site and recreational open space. This would provide 8 affordable housing units by Places for People (Registered Social Landlord) which would all have 3 bedrooms.

The application is supported by full details of all development proposed together with a planning and design statement and a desk top land contamination survey.

Access Site access to plots 4-8 will be from Pennine Road which includes a turning head and a single (in curtilage) parking bay for each dwelling. A footpath is provided on the south side of this access road up to the first dwelling. Access to plots 1-3 will be from Chiltern Close which also has individual parking spaces for each dwelling and a turning head with a single footpath again on the south side.

Design The residential development will comprise one pair of semi detached properties and a terraced row of three properties on the garage colony site which is at a lower level than the other 3 terraced dwellings on the recreation site in the north.

Designed as true two storey units, the units would have pitched roofs with hipped gable ends. All materials will be a mix of red brick with contrasting timber and render. The roofs are to be constructed in grey concrete tiles.

Landscaping and Trees The site at present has many trees on it mainly on the northern boundary and within a belt from west to east across the site. Nearly all the trees in the centre of the site will be lost to make way for the new housing whilst the ones to the north and the south east will be retained. A tree survey has been submitted to this effect.

131 The proposed landscaped areas comprise of private rear gardens for each dwelling ranging between 55 square metres and 130 square metres of useable space. Each dwelling is also provided with a small landscaped area to the front.

Section 106 The proposal includes a £20,000 contribution towards creating a multi-purpose community sports facility on the Green Lane Sports Fields. This money is proposed to offset the loss of the recreational land.

The applicant has also confirmed the acceptance of a £12,000 contribution towards a highway safety scheme.

Site Characteristics The higher level (2-4 metres) land at the north eastern side of the site is designated as Recreational Open Space in the UDP. The south western side is a former garage colony which is a Brownfield site.

Across the centre and periphery of the site are many trees which contribute to its character. The site is surrounded by a number of different styles, types and tenures of housing on all sides. The area is predominantly residential and the scale of the buildings is relatively low rise ranging up to 2 storeys in height.

Policy PPS1 Creating Sustainable Communities, PPS3 Housing, PPG13 Transport

RSS for the North West

UDP Policies: O2 Protected Open Space; D2 Design; D3 Landscaping; A1 Accessibility; A3 Travel Plans; A5 Roads, Paths, Servicing and Car Parking; Appendix 7; H3 Determining Housing Applications and H5 Net Site Density

Planning Control Policy Notes: 2 Space Around Dwellings; 3 House Extensions; 10 Planning Out Crime; 21 Highway Considerations and 27 Housing Developments

History No planning history.

Technical Consultations Bolton Council - Highway Engineers:- driveways to plots 8 and 2 need amending. The applicant is required to contribute £12,000 to road safety in the area. No objections subject to conditions.

Bolton Council - Environmental Health Officers:- comments to be reported at the meeting following consideration of the desk top study.

Bolton Council - Tree and Woodland Officers:- have no objections to the scheme.

132

Bolton Council - Greenspace Management:- consider the loss of recreational open space to be sufficiently offset by the proposed alternative multi-purpose facility at Green Lane.

Bolton Council - Landscape Architects:- the recreational space at present is low quality in a borough wide context. Scale of the proposal relates well to the area. Detail of the railings/gates will need to be secured via a planning condition.

Bolton Housing Strategy:- support the Affordable Housing scheme. If the scheme receives funding from the Affordable Housing Programme (2008/2011) then most of the units will be available for rent. If the funding fails, it is likely that the units will be all for shared ownership. Either scenario is positive for the borough and is supported.

Representations Letters:- 15 letters of objection have been received on the grounds of: • Increase in traffic and parking • Loss of recreational open space close to the community it serves • Devaluation of property • Overdevelopment in an already crowded cul-de-sac • Objections to the 3 houses on recreational land but not to the 5 houses on the garage colony • Impact on the open and green character of the area • Loss of trees

Horwich Town Council:- raise objection to the application on the following grounds: • loss of trees • overdevelopment • increased traffic and parking near to site • detriment to highway safety • loss of recreational space • the proposed provision of alternative recreational facilities is not adequate to compensate for the loss of this land

Elected Members:- Councillor R. Ronson has requested an advanced site visit by Members prior to determination of the application

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

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

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

The main impacts of the proposal are:-

* impact on urban regeneration * impact on sustainable communities * impact on urban design * impact on occupiers and neighbouring occupiers * impact on the road network, car parking and accessibility

Impact on Urban Regeneration The Government is committed to maximising the re-use of previously-developed land and empty properties and the conversion of non-residential buildings for housing, in order both to promote regeneration and minimise the amount of Greenfield land being taken for development.

With regard to matters of principle, PPS3 seeks to promote more sustainable patterns of development and make better use of previously-developed land through well designed, high-quality, mixed-community, higher density housing development. For the purposes of PPS3 and the current SPG Housing advice, the site subject to this proposal lies partly within a Brownfield site which is previously-developed and partly within recreational open space (Greenfield site).

The principle of development on a recreational site is subject to Policy O2 which states that the Council will permit development proposals provided the loss of recreational space is substituted with an appropriate alternative facility or land. The Council's Greenspace Management and Landscape Sections consider that the recreational land is replaceable on a Borough wide scale and the loss will be adequately offset through the provision of alternative multi-purpose sports facilities at Green Lane Sports Fields which would be funded by the Applicant via a Section 106 Legal Agreement. The proposal is considered to comply with Policy O2 of the UDP.

PPS3 notes that LPAs should make the best use of land, avoid low densities and seek greater density at places with good public transport accessibility such as town and local centres or good public transport corridors. The resulting net site density can be calculated at 42.5 dwellings per hectare and is considered to provide a quality development which makes efficient use of a partially previously developed site in accordance with UDP policies H3 and H5.

Impact on Sustainable Communities PPS 1 states that sustainable communities need sufficient, quality housing to meet the needs of the community, a flourishing local economy supported by adequate infrastructure, a high quality, safe and healthy local environment, and the amenities and sense of space and place to support a diverse and vibrant culture. Good planning is critical to delivering these objectives.

134 Policy H1 aims to improve unfit dwellings, promote social inclusion, ensure new housing developments are accessible to transport options, provide a mixture of house types, sizes and tenures, reduce empty properties and provide housing which reflects diverse community needs.

Located within the 'Urban Area' in close proximity to Horwich Town Centre, the application site is considered to be in a sustainable location in terms of its proximity to public transport links to the rest of the Borough and Greater Manchester.

This proposal complies fully with the objectives outlined in PPS1 and UDP policy H1 with regard to sustainable communities.

Impact on Urban Design UDP Policy D2 states that the Council will only permit developments if they make a positive contribution to good urban design.

Policy D3 states that where possible, development proposal should include landscaping schemes.

Following a succession of meetings across various departments (Estates, Strategic Housing, Highways) and a Council partner 'Places for People', the scheme has been subject to much consultation and amendments following this pre application process. In particular the scheme has been reduced in numbers to reduce the impact on living conditions of surrounding properties.

The pre-application stage set out the constraints to the site, the need to create a balanced community and the need for a good urban design through;

• Family Housing Units which are affordable - Shared Ownership and Rented • Replacement of the loss of recreational open space • Retention of peripheral larger trees • Secure rear gardens with a clear definition of public and private space • Scale of development to conform with predominant 2 storey theme. • Careful positioning of dwellings as not to impact on living conditions of nearby residents.

The design of the scheme has resulted in several sizes of dwellings which are all 3 bedrooms. In summery the main areas of development are:

• Three urban blocks of two storey housing all with rear garden plots enclosed with boundary fencing, patio flooring with hedges and planting to the front. • Housing units which have pitched roofs with half hips on the gables.

With regard to plot 8 the Applicant has been asked to improve the appearance of the site frontage. Progress of this will be reported at the meeting but overall it is considered that the style, materials and type of housing is good quality and would be a positive contribution to urban design. The proposal complies with Policy D2 of the UDP.

135 Impact on Occupiers and Neighbouring Occupiers UDP Policy D2 seeks to ensure that design respects the amenities of adjoining properties and takes account of space around dwellings. Detailed technical advice is included within PCPN2 and PCPN3.

The development has been designed to achieve satisfactory interface separation distances between the proposed dwellings and the existing dwellings outside the site. The overlooking distances between the rear of plots 1-3 and the front of plots 4-6 are between 17-20 metres. However the overlooking occurs at an oblique 22 degree angle.

The required distance in PCPN2 is 20 metres when taking account of a 3.5 metre level difference. Distances are specified to protect living conditions, privacy and outlook for existing properties. However, PCPN2 also states ‘where a scheme demonstrates an imaginative layout that would create a pleasant environment while offering alternative but sensitive and effective ways of achieving privacy for residents, then these standards may be relaxed'. The Applicant has agreed to plant new cherry blossom trees in strategic places to break up the views between these internal properties.

Private garden space has been provided to each house. PCPN2 states that a minimum of 65sq metres should be provided for each dwelling house. All of the dwellings are considered to have adequate private amenity spaces at the front and rear.

This scheme is considered to comply fully with PCPN2 and PCPN3 standards for overlooking distances and private amenity space.

Impact on Traffic Movements, Car Parking and Accessibility UDP Policy A5 states that 'In assessing development proposals, the Council will permit those that have taken into account provision for: pedestrians and cyclists; road design, layout and construction; vehicle servicing and access arrangements; car, cycle and motor-cycle parking; and access to, and by public transport. Development proposals should not adversely affect the safety of highway users, including pedestrians, as well as the safe and efficient circulation of vehicles'.

A total of 8 car parking spaces have been provided which is one per dwelling. The location of these have been requested to be amended for plots 2 and 8 to take account of Highway Engineer advice.

Highways Engineers do not object to the development, as much advice has been incorporated into the development at pre-application stage. Highways management have requested that a number of conditions are added to the decision notice relating to the driveways and visibility splays. They have also requested £12,000 towards local highway safety. This will be incorporated into a Section 106 Legal Agreement.

No defined footpaths exist through the site, but there is a general route which can be taken from the Pennine Road access through to Chiltern Close and Pendle Drive. The scheme only proposes to retain the existing footpath from Pendle Drive to Chiltern Close.

136 It is considered that accessibility will be affected through the site, but this is in the interest of security for the new housing.

It is therefore considered that this proposal will not adversely affect the safety of highway users thereby complying with Policies A5 and A6 of the UDP and PCPN 27.

Value Added to and by the Development The developer has committed to a series of development team meetings and has accepted and incorporated much professional advice from the Council and other professional bodies. This has sought the creation of a well designed neighbourhood and a sustainable community.

The developer has agreed to contribute towards the improvement of the Green Lane Sports Fields and a highway safety scheme.

Conclusion The developments represents an urban renaissance within the inner core of the Borough of Bolton which would encourage further such developments.

High standards of design have been incorporated in the proposal and professional advice from the Council has been adhered to.

All government advice from documents such as ‘By Design’ and ‘New Deal for Communities' has been consulted, and the proposal accords with PPS1, PPG3, PPG13, Bolton’s UDP 2005 and the relevant Planning Control Policy Notes.

Whilst the proposal is considered to comply entirely with the relevant national and local planning policies and guidance, the recommendation is to delegate final decision to the Director pending the completion of an accompanying Section 106 Legal Agreement.

Recommendation: Delegate the decision to the Director

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

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

137

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

Reason

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

4. The screen fence(s)/wall(s)/railing(s) shown on the approved site layout plan shall be erected in accordance with detailed designs including their colour which shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The screen fence(s)/wall(s)/railing(s) shall be erected before any of the dwellings to which they relate have been occupied, and retained thereafter.

Reason

To ensure adequate standards of privacy are obtained and to safeguard the visual appearance of the area.

5. No development shall take place unless and until a programme plan showing the phases by which the site will be developed has been submitted to and approved by the Local Planning Authority and the phasing of development shall be carried out entirely in accordance with the approved plan.

Reason

To ensure the satisfactory development of the site.

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

Reason

In the interests of highway safety.

7. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 33 metres is provided at the junction of Pennine Road with the access to the site ,and subsequently maintained free of all obstructions between the height of 1 metre and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

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

138 be erected within that area.

Reason

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

9. The driveways hereby approved/permitted shall be laid out so as to provide a minimum distance of 5.5 metres between each property and the adjoining highway.

Reason

To ensure sufficient room is left in front of the properties to allow for parking off the highway.

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

Reason

To safeguard the architectural character and appearance of the dwelling.

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

Reason

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

12. No development shall be commenced unless and until a detailed scheme showing the design, location and size of a bin store has been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed before the development is brought into use, and retained thereafter.

Reason

To ensure the development safeguards the character and visual appearance of the locality and the living conditions of nearby residents.

Reason

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

139 140

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

To ensure that the development is safe for use.

141

Date of Meeting: 06 September 2007 Item Number: 13

Application Reference: 77980/07

Type of Application: Full Planning Application Registration Date: 19/07/2007 Decision Due By: 13/09/2007 Responsible Andrew McGlone Officer:

Location: 34 NEWSTEAD DRIVE, BOLTON, GREATER MANCHESTER, BL3 3RE

Proposal: USE OF PREMISES FOR TWO PRIVATE HIRE VEHICLES (VEHICLE NO 2 FOR SCHOOL CONTRACT ONLY)

Ward: Hulton

Applicant: Mr S Atcha Agent :

Officers Report

Proposal Permission is sought for the use of the premises to be used for two private hire vehicles for school contracts only.

Site Characteristics The site is located in a residential area off St. Helens Road. The detached property is at the end of the cul-de-sac. The property has a double integral garage, one of which is used for storage purposes, whilst the other is used to park vehicles. The applicant also has the use of a double driveway to the front of the garage.

Policy UDP Policy A5 Roads, paths, servicing and car parking; A6 Maximum car parking standards; D1/D2 Design; EM2 Incompatible Uses; EM3 Pollution

PCPN21 Highways Considerations

History Application ref: 76463/07 was refused at planning and highways committee in April 2007 for the use of the premises for two private hire vehicles (telephone bookings only). The reasons for this refusal were the proposal would introduce a non conforming use within a residential area (contrary to policy EM2) and there would be an increased demand for on-street parking to the detriment of highway safety. (contrary to policy A5 of the UDP)

Technical Consultations Bolton Council – Highway Engineers – the application site has only 2 off-street parking spaces and therefore there will be no off-street parking provision for the domestic vehicles or visitors to the property.

143 Representations Letters – there has been one neighbour objection (no. 36 Newstead Drive). Issues on highway safety, the use of public land (Highway) and the previous refused planning application are all referred to.

Petition – a petition of support has been submitted containing 17 signatures of residents at 2 - 8, 12 - 16, 20 - 30, 9, 11 15 and 17 Newstead Drive

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

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

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

The main impacts of the proposal are:-

* impact on Highway Safety * impact on the Use in a Residential Area

Impact on Highway Safety Policies A5 and A6 of the UDP seek to ensure that new development proposals provide adequate off road parking.

The Council's Highways Engineer has concerns about the limited off-street parking in this area as this proposal would remove any provision for domestic vehicles or visitors to this property. Therefore, it is considered that although one of the garages is used for parking there is not adequate car parking within the curtilage of the property, causing a detrimental impact on highway safety.

Impact on the Use in a Residential Area Policies D1/D2, EM2 and EM3 of the UDP seek to ensure that new development proposals are compatible with their surroundings and they do not generate unacceptable impacts on existing uses by reason of noise, disturbance and or traffic. The existing position is that the property has a Certificate of Lawfulness which allows the occupier to operate one vehicle from the premises to use it for taxi purposes, in the main this involves school runs and airport transfers. It is considered that this potentially involves 24 hour usage. The second taxi is to allow the applicants wife to operate one taxi from the premises to be able to provide a school run/pick up service.

144 In line with the previous decision, it is considered that the parking of two taxis/mini buses at the front of a house would be detrimental to the character and appearance of the area, contrary to policies EM2 and EM3. Furthermore this proposal does not alleviate any of the concerns raised during the previous application, refused at committee.

Conclusion It is concluded given the previous case history for this site this application cannot be supported. Members are recommended to refuse this application.

Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed development represents the introduction of a non conforming use within a predominantly residential area which will lead to increased activity in and around the application premises to the detriment of the living conditions of nearby residential properties, and is contrary to Policy EM2 of Bolton's Unitary Development Plan.

2. The proposed use will result in an increase in demand for on-street parking to the detriment of highway safety and is contrary to Policy A5 of Bolton's Unitary Development Plan.

145

147 148

Date of Meeting: 06 September 2007 Item Number: 14

Application Reference: 77871/07

Type of Application: Full Planning Application Registration Date: 11/07/2007 Decision Due By: 05/09/2007 Responsible Andrew McGlone Officer:

Location: LAND AT ROGERSTEAD, BOLTON

Proposal: LAYING OUT OF A CAR PARK BETWEEN ROGERSTEAD AND BLACKSHAW HOUSE AND PARKING PROVISION ADJACENT TO ROGERSTEAD

Ward: Rumworth

Applicant: Bolton MBC Agent : Bolton MBC

Officers Report

Proposal The laying out of two car parks between Rogerstead and Blackshaw house and adjacent to Rogerstead totalling 14 spaces. To achieve this two trees will be removed. Access to both areas will be gained from Blackshaw Lane.

This proposal is part of Bolton at Home’s ongoing work on this site, where local residents identified the need for additional parking facilities.

Site Characteristics The site is occupied by three tower blocks with associated amenity spaces between the buildings within which trees have established as part of the overall townscape.

The site also is characterised by there being very limited parking provision for residents.

Policy

UDP Policy A1 Accessibility; A5 Roads, Paths, Servicing and Car Parking; D2 Design; EM11 Flood Plain, N7 Trees, Woodland and Hedgerows Appendix 7 Car parking standards.

PCPN7 Trees; PCPN10 Crime; PCPN21 Highway Standards.

149 History No relevant history.

Technical Consultations Bolton Council – Tree and Woodland Officer – the siting of the two car parks minimises the impact on the surrounding trees. An Alder and a Whitebeam tree will require removal to facilitate the development. The impact on the amenity of the area will be low. There are no objections to the proposal.

Greater Manchester Police Crime Prevention Officers – the area suffers from high levels of car crime, theft of cars, theft from cars and damage to cars. Any proposal to encourage cars to park within the grounds of the flats, rather than on exposed street, is welcomed. I would like to see the gate to the car park brought back into use in order to reduce the possibility of cars being stolen and to restrict access to the parking areas by pedestrians.

Bolton Council – Highway Engineers – no objections to the proposal.

Bolton Council – Pollution Control Unit – the site is within 250 metres of a known landfill site, therefore an assessment of the proposal is required to ensure safe for use and also that no issues of gas mitigation to Rogerstead and Blackshaw House are created. It is recommended a phase 1 desktop study is completed prior to development.

Representations Letters – there have been three objections to the proposal, all of which raise issues around the loss of the two trees. Objectors have concerns about the reduced privacy to residential properties and the loss of green space.

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

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

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

The main impacts of the proposal are:-

* impact on the Trees * impact on Residential Amenity * impact on Highway Safety

150 Impact on the Trees The loss of two trees would be required to facilitate this scheme, however the other species will remain on site and will be unharmed by the development. Whilst in general this proposal goes against the principles of policy N7, it is considered that the provision of secure parking outweighs this issue.

The Tree and Woodland Officer acknowledges the loss of the trees is required to facilitate the development and raises no objection to the proposal.

In response to the objector’s comments, it is understood there are concerns about the loss of privacy, however a number of trees and amenity space will remain and it is thought this is sufficient for the accommodation not to be unduly affected.

Impact on Residential Amenity The two areas are close to the two respective tower blocks however, it is thought there would be minimal disturbance to residents. Pollution Control do not raise any objections on noise grounds. Greater Manchester Police believe this scheme will go some way to alleviating the crime recorded in this area as mentioned above. The application has their full support and the proposal is also consistent with policies within PCPN10. Impact on Highway Safety Access is to be gained from Blackshaw Lane, which provides a route through to Deane Road. The road beyond the entry into the car parking areas does not lead anywhere and thus there would be limited concern over cars moving in and out of the site.

Highway Engineers do not raise objections to the proposal.

Conclusion It is concluded that this scheme will not create any adverse impact upon the highway and whilst there would be some loss of amenity space, it is considered the provision and overall increase in safety outweigh the negatives of this scheme. Members are therefore recommended to approve this application subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. Phase I Report No development shall commence unless or until a Phase I Report (Preliminary Risk Assessment) to

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

To ensure that the development is safe for use.

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

152 Reason

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

4. No work, including the storage of materials, or placing of site cabins, shall take place within the extreme circumference of the branches of any tree on or overhanging the site.

Reason

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

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

Reason

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

153

155 156

Date of Meeting: 06 September 2007 Item Number: 15

Application Reference: 77935/07

Type of Application: Full Planning Application Registration Date: 20/07/2007 Decision Due By: 14/09/2007 Responsible Andrew Lancashire Officer:

Location: 74 BENNETTS LANE, BOLTON, GREATER MANCHESTER, BL1 6JE

Proposal: CONVERSION OF HOUSE INTO TWO FLATS TOGETHER WITH REAR EXTENSION TO ACCOMMODATE STAIRCASE

Ward: Smithills

Applicant: Mrs Pollitt Agent : Mr R Potter

Officers Report

Proposal The Applicant proposes the subdivision of a dwelling to provide two flats. In order to maximise internal space, it is proposed that the extension is to encompass a staircase for the access of the first floor flat. One off-road parking space is proposed in the rear yard.

The first floor flat is proposed to make use of the rear yard, whilst the ground floor flat will have use of the front garden space.

Site Characteristics The site is one half of a fairly large pair of semi-detached houses fronting Bennetts Lane. The houses are gable-ended with large bay windows, a double front canopy and accommodation on three levels. On the northern side of the site is Lawson Road, a short cobbled road linking Bennetts Lane with Trawden Avenue. The surrounding area is almost wholly residential, typified by detached, semi-detached and terraced housing.

Policy PPS1 Delivering Sustainable Development PPS3 Housing

UDP Policies D2 Design, A5 Roads, Paths, Servicing and Parking, A6 / Appendix 7 Maximum Parking Standards, H3 Housing, EM2 Incompatible Uses, EM3 Pollution

PCPN2 Space Around Dwellings, PCPN3 House Extensions, PCPN11 The Conversion of Dwellings into Self-Contained Flats and Bedsits, PCPN27 Housing

History Planning permission for the erection of an external staircase and change of use to two flats was refused in July 2007 (77582/07)

Technical Consultations 157 Bolton Council - Highway Engineers:- the Council's parking standards should be met.

Bolton Council - Environmental Health Officers:- no objection subject to sound insulation conditions.

Representations Letters:- two letters of objection have been received from residents of Bennetts Lane. The grounds of objection can be summarised as:-

• conflict between first floor lounge of new flat and existing bedroom of property next door • overlooking of surrounding properties • double the amount of noise expected • insufficient parking available • concerns regarding behaviour of potential future tenants

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

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

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

The main impacts of the proposal are:-

* the principle of residential development * impact on the contribution to good urban design * impact on the highway

The Principle of Residential Development PPS3 Housing, published in November 2006, encourages mixed communities and considers that having a variety of housing types is one element that contributes to their creation. Single person households are specifically referred to. Conversions of existing stock can provide an important source of new housing, and contribute to making more efficient use of land for housing. UDP Policy H3 is also in favour of development that provides a wider choice and better mix of housing types, sizes and tenures - subject to a sustainable location with sufficient infrastructure to absorb the development. PCPN11 also recognises that the subdivision of suitable houses into smaller units can contribute towards meeting the demand for flats and bedsits in the Borough, especially amongst small and single person households, and provides detailed advice on how this can be best achieved.

158 The area is generally characterised by detached and semi-detached dwellings. It is considered that the subdivision of dwellings can make a positive contribution to the range of dwelling types available and make more efficient use of land already occupied by housing.

The site is in a sustainable location, close to public transport and local services on Halliwell Road and Church Road. It is not considered that the introduction of one additional unit will have a significant impact on the local infrastructure.

The proposed subdivision will have a small but positive impact on housing provision within the Borough.

Impact on the Contribution to Good Urban Design UDP Policy D2 states that the Council will permit development proposals that contribute to good urban design. Proposals should be compatible with, or improve their surroundings. PCPN2 sets out the spaces around dwellings, minimum interface distances to prevent new development causing overlooking, loss of privacy or dominance of outlook.

The rear extension to the rear of 74 Bennetts Lane is part two storey and part one storey. This extension encompasses a staircase and is the result of Officer advice to provide a brick built extension as opposed to the external staircase application which was refused previously. In context the extension is now considered to be in keeping with the existing building.

The rear extension at the first storey level projects 1.2m from the building and is considered not to impact detrimentally on the rear window of number 76 Bennetts Lane. PCPN3 states that first floor extensions are acceptable where they project up to 2.1m from the party boundary. The proposal complies with PCPN3.

it is considered that the development would comply with Policies D1 and D2 of the UDP and PCPN2 and PCPN3.

Impact on the Highway UDP policy A5 seeks to ensure that development does not have a detrimental impact upon the highway; this policy objective is supported by PCPN21.

The Council's Highways Engineers do not consider that this proposal would have a detrimental impact on road safety, but they do comment that the parking standards should be met. Current Government guidance on parking standards advises Councils to set maximum standards as opposed to setting a minimum requirement. The application site includes a car parking space within the rear yard in addition to private amenity space and a planning condition can be included to secure the future availability of this area for the parking of a motor vehicle. Furthermore on-street parking is a characteristic of the locality.

It is therefore considered that the proposal complies with Council policies regarding the road network.

159 Conclusion The proposal has been amended to incorporate Officer advice and is now considered to comply with the relevant Council policies. The proposed change of use to two flats is considered to be a sustainable development which would contribute towards the Council's housing targets. The proposal is therefore acceptable in principle.

Boundary treatments and landscaping can be secured by conditions and the scheme is recommended accordingly.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

Reason

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

Reason

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

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

Reason

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

160

5. The development hereby approved/permitted shall not be brought into use unless and until not less than 1 car parking space has been marked out and provided within the curtilage of the site, in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. Such space shall be made available for the parking of a car at all times the premises are in use.

Reason

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

161

163 164

Date of Meeting: 06 September 2007 Item Number: 16

Application Reference: 77793/07

Type of Application: Full Planning Application Registration Date: 10/07/2007 Decision Due By: 04/09/2007 Responsible Martin Mansell Officer:

Location: 16 TONGE OLD ROAD, BOLTON, GREATER MANCHESTER, BL2 6BH

Proposal: CHANGE OF USE OF DWELLING TO SHOP INCLUDING SHOP FRONT AND ROLLER SHUTTERS.

Ward: Tonge with the Haulgh

Applicant: Mr A Patel Agent :

Officers Report

Proposal The Applicant proposes the change of use of a dwelling to retail, together with the necessary changes to the front elevation to facilitate this use. A new shop front together with roller shutters would be provided.

Site Characteristics The site is a typical terraced house, although it has been significantly extended at the rear. It is the sole residential property in a row of commercial use, which include a pharmacy, a Cooperative general store, a bakery, a laundry, a hairdressers and a hot food takeaway.

Tonge Old Road runs at a slight angle to Bury Road, but as open space lies between the two roads, the shops have the appearance of fronting on to Bury Road.

The site lies within the Tonge Fold Local Shopping Centre, as identified on Bolton's Unitary Development Plan.

Policy PPS1 Delivering Sustainable Development

UDP Policies: D2 Design, S1 Retail, S3 Retail Hierarchy, S5 Local Shopping Facilities, A5 Road Network, EM2 Incompatible Uses.

History There is no planning history to the site.

Technical Consultations Bolton Council - Highway Engineers:- there is no off-road parking provision associated with the change of use which will inevitably place additional demand on the limited parking provision in that location. The rear yard could be converted to off-road parking for potential staff purposes. 165

Bolton Council - Environmental Health Officers:- have no comments to make on this application.

Representations Letters:- two letters of objection have been received from Gatley Pharmacy at 22-24 Tonge Old Road. The grounds of objection include:-

• it is likely that the new retail use will be a pharmacy. There is an existing pharmacy three doors away which has served the community for 33 years. • there are inadequate parking facilities in the area at present and the proposed retail use has no provision for off-road parking • the proposed hours of operation are incorrect and it is actually intended that the shop would open until 10:30pm • there is no back yard to the property, there is an extension and it is not known if planning permission was granted for the rear extension • a letter was not received by Gatley Pharmacy, although the website says that one was sent

A letter of support has been received from the owner of the Blue Lagoon Laundry at 14 Tonge Old Road. The following points are made:-

• the existing residential use looks out of place surrounded by shops • new paving and other improvements have recently been made to the area • sufficient short-term parking has recently been installed by Bolton Council

Petitions:- four petitions have been received, signed by a total of 283 objectors. The objectors all appear to come from the Tonge area. The grounds of objection include:-

• the presence of the existing pharmacy • inadequate parking • the local community is against this proposal

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

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

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

166 The main impacts of the proposal are:-

* impact on the character and appearance of the area * impact on retail policy * impact on the road network

Impact on the Character and Appearance of the Area UDP Policy D2 seeks to ensure that development is compatible with its surroundings. PCPN4 provides advice on new shopfronts.

The proposes shop front and shutters are identical to those approved and installed elsewhere on Tonge Old Road and are therefore considered to be compatible with their surroundings and compliant with UDP Policy D2 Design.

Impact on the Road Network UDP Policy A5 seeks to ensure that new development proposals make adequate provision for parking and servicing arrangements.

No off-road parking is proposed for the development, however neighbouring uses do not have off-road provision either. It is not possible to provide off-road parking spaces within the site.

A number of parking lay-bys have been provided by Bolton Council on Tonge Old Road and there is one directly outside the application site. A car park existing behind properties on the opposite side of Bury Road.

The impact on the road network is not considered to be so significant that the application should be refused.

Impact on Retail Policy UDP Policies S1 and S3 are generally permissive of retail proposals on land allocated for retail use, such as the application site and the surrounding area. UDP Policy S5 states that the Council will permit development proposals for small-scale shopping facilities, designed to meet the needs of the immediate locality, in residential areas within the urban area and elsewhere, provided that they do no adversely affect the amenities of adjacent uses due to increased noise and traffic.

The proposal is for an A1 use, a class that contains pharmacies amongst other uses. It may be the case that the Applicant intends to operate a pharmacy from the site; however, this would be private matter beyond the scope of the planning system. The "General Principles" section of PPS1 is clear that competition between private interests is not a material planning consideration:-

"The planning system does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases. It can be difficult to distinguish between public and private interests, but this may be necessary on occasion. The basic question is not whether owners and occupiers of

167 neighbouring properties would experience ﬁnancial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest."

Therefore, the type of retail use is not a consideration and the application should be determined on the basis of whether or not a retail use is appropriate in this location.

The site is allocated as a local shopping centre and the row is in entirely retail use, save for the application site which is the sole remaining terraced house. The use of the building for a retail operation is considered to be compliant with policies seeking to encourage and protect retail uses.

Conclusion The proposed retail use and alterations are considered to be acceptable. This part of Tonge Old Road is characterised by retail uses and therefore the proposal is compatible with the existing nature of the area.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

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

Reason

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

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

168

4. The roller shutter shall be of an open grille design, details of which, (including its colour) shall be submitted to and approved by the Local Planning Authority before development commences. The shutter shall then be painted and treated in accordance with the approved details within 14 days of its installation, and retained so coloured thereafter.

Reason

In the interests of reducing crime and the fear of crime and to ensure the roller shutter fits in visually with the existing building and safeguards the character and visual appearance of the locality.

169

171 172

Date of Meeting: 06 September 2007 Item Number: 17

Application Reference: 77969/07

Type of Application: Full Planning Application Registration Date: 18/07/2007 Decision Due By: 12/09/2007 Responsible Andrew McGlone Officer:

Location: 75-77 MARKET STREET, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 3AA

Proposal: CHANGE OF USE FROM OFFICE TO SELF-CONTAINED FLAT (SECOND AND THIRD FLOOR ONLY)

Ward: Westhoughton South

Applicant: Red Restaurants Agent : Lee Architects Ltd

Officers Report

Background Approval was granted recently for the erection of two plaques and one wall banner on the frontage of this site. Application ref: 77594/07.

Proposal A change of use for the second and third floors of no. 75 - 77 Market Street is proposed. A total of two flats would be created, one two bedroom and the other a one bedroom, both a which would share the kitchen, however each have separate bathrooms. The ground floor would be occupied by a restaurant. Parts of the first floor will provide dry and cold storage facilities for the restaurant, with a kitchen to the rear of the property.

Site Characteristics The site lies within a designated local town centre, which contains a variety of retail and business units, some of which contain a mixture of uses. Near the site is Westhoughton market hall, a takeaway and a decorating store.

Policy National Policy PPS1 Delivering Sustainable Development; PPS6 Town Centres

UDP Policy A5 Roads, Paths, Servicing and Car Parking; H3 Housing; S3 Local Shopping Centre

History Application ref 77594/07 was approved in July 2007 for the erection of two plaques and one wall mounted fabric banner.

Application ref: 75589/06 was approved subject to conditions in November 2006 for the change of use of the property from a betting shop to a restaurant with a single storey rear extension and external alterations. 173

Technical Consultations Bolton Council – Highway Engineers – to be reported at Committee.

Bolton Council – Environmental Health Officers – to be reported at Committee.

Representations Westhoughton Town Council – raise objection to this proposal.

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

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

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

The main impacts of the proposal are:-

* impact on the Appearance and Amenity of the Area * impact on Car Parking Provision * impact from Noise Pollution

Impact on the Appearance and Amenity of the Area National and local policies seek development proposals that are compatible with, or improve their surroundings to create a safe and secure environment minimizing the possibility of crime.

The use of the upper floors of this property would ensure that there are no vacant parts of the building, thus increasing the security of the site and the area as persons would remain on site throughout the day. Furthermore there would be no external alterations to the rear façade of the property.

Impact on Car Parking Provision Market Street is to the front of this property, which creates a strong case for a reduced dependency on the car due to its sustainable location in the town centre, which is served by public transport.

Parking is not considered to be an issue that could support a recommendation of refusal due to the sustainable location of the site.

Impact from Noise Pollution

174 Market Street runs throughout the heart of Westhoughton Town Centre and is populated by a range of residential and commercial units. To facilitate residential uses, often the first floors are converted into flats.

It is understood that the ground floor is to be used as a restaurant and the flats are to be used by persons working within the restaurant. Whilst both are in close proximity to each other, this arrangement can be found in other parts of Westhoughton or across the borough in general. It reflects the advice given throughout national policy, in particular PPS6 which aims to maintain the use of town centres beyond the normal opening hours.

It would be unreasonable to refuse an application based solely that noise may be produced at set times throughout the day, in which time the occupants would not be using the flat.

Conclusion I conclusion this application complies with policy and is considered an appropriate form of development. Members are recommended to approve this application subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. The flats hereby approved/permitted shall be used solely by the owner ore staff of the restaurant at ground floor.

Reason To ensure that the use does not unduly impact on the living conditions of the residents

175

177 178 179 180

Date of Meeting: 06 September 2007 Item Number: 18

Application Reference: 77471/07

Type of Application: Full Planning Application Registration Date: 20/06/2007 Decision Due By: 15/08/2007 Responsible Andrew McGlone Officer:

Location: LAND ADJACENT TO 82 HINDLEY ROAD, WESTHOUGHTON, BOLTON, GREATER MANCHESTER, BL5 2JS

Proposal: CHANGE OF USE OF LAND AT SIDE AND RESITING OF BOUNDARY FENCE TO FORM GARDEN AND DRIVEWAY.

Ward: Westhoughton South

Applicant: Mr J Roberts Agent :

Officers Report

Proposal It is proposed to change the use of the land adjacent to number 82 Hindley Road currently occupied by landscaping to a private garden and a driveway.

Site Characteristics The site is located at the junction of Hindley Road and Hartford Road next to the mini roundabout. At present the land is landscaped and contains several trees, two of which are established species. Opposite is a community centre and further along Hindley Road is a school.

Policy UDP Policy D2 Design; D3 Landscaping; N7 Trees, Woodlands and Hedgerows; N8 Tree Preservation Order

PCPN7 Trees

History Application ref: 69795/04 was approved subject to conditions in February 2005 for the erection of a two storey side extension and a single storey rear extension. the site was developed as an amenity area as part of the larger residential development to the north and provides for an attractive entrance to the part of the estate which leads from Hindley Road to Leigh Road

Technical Consultations Bolton Council – Highway Engineers – no objections.

Bolton Council – Tree and Woodland Officer – the recent extension to Hartford Road resulted in the loss of a number of trees on the community centre site and the planting of 181 trees and shrubs on this land compensated for this. The landscaped area provides important amenity to the area and the fencing off of this land would detract from that amenity. The application cannot be supported.

Representations Westhoughton Town Council – raise objection to the proposal.

Letters One letter of support has been received for the occupier of 11 Hartford Grove on the basis that it will help in the security of the rear boundary to their property.

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

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

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

The main impacts of the proposal are:-

* impact on the Character and Appearance of the Area

Impact on the Character and Appearance of the Area The erection of a fence along the boundary to enclose the existing landscaped area would remove what is currently one of the few areas of amenity in this particular locality.

Policy N7 of the UDP states that proposals should not be permitted if they result in the loss of trees, woodland areas or hedgerows of visual, historic or amenity importance. It goes on to state that proposals should only be permitted if the benefits of the scheme clearly outweigh the loss of some trees or hedgerows. It is considered this scheme does not warrant the loss of the trees, nor the areas amenity. The trees on this site are covered by TPO's and this scheme is therefore contrary to policies N7 and N8 of the UDP.

Furthermore the retention of this site as amenity space is considered to outweigh the comments of the applicant regarding security.

Conclusion This proposal goes against policy and the recent planting as part of the approve application for the community centre. It is an important visual aspect in the urban area and therefore members are recommended to refuse this application.

182 Recommendation: Refuse

Recommended Conditions and/or Reasons

1. The proposed development would be contrary to Policies N7 and N8 of Bolton's Unitary Development Plan in that it would result in the unacceptable loss of trees from the site, to the detriment of the character, appearance and amenity of the application site and the area in which it is set.

2. The proposed extension to the garden area would by reason of the loss of the landscaped amenity space be detrimental to the character and appearance of the area contrary to Policy D2 and D3 of Bolton's Unitary Development Plan .

183

185 186

Date of Meeting: 06 September 2007 Item Number: 19

Application Reference: 76619/07

Type of Application: Full Planning Application Registration Date: 08/03/2007 Decision Due By: 03/05/2007 Responsible Alex Allen Officer:

Location: LADYBRIDGE SPORTS AND LEISURE CLUB, TEMPEST ROAD AND OPEN FIELDS OPPOSITE EXISTING FOOTBALL CLUB, TEMPEST ROAD, CHEW MOOR BOLTON.

Proposal: ERECTION OF EXTENSION TO EXISTING PAVILION (INCLUDING CRICKET SCORE BOARD, BALCONY AND DORMER EXTENSION) AND ERECTION OF A NEW PAVILION TOGETHER WITH FORMATION OF THE LAND TO ACCOMMODATE FOOTBALL, RUGBY, CRICKET AND BOWLING GREEN.

Ward: Westhoughton North

Applicant: Lostock Properties Agent : Vearncombe Associates Ltd

Officers Report

Proposal The application proposes the formation of sports facilities on open land to the west of Tempest Road including a new access road, separate access path for use by grass cutting machines and emergency vehicles and the creation of a 100 space car park with associated two storey pavilion. The new sporting provision will include a bowling green, two football pitches. One cricket pitch and one practice pitch.

On the eastern side of Tempest Road the applicants wish to erect a two storey side extension to the existing pavilion and changing the existing football pitch which is located to the south of the pavilion to a cricket pitch. The existing car park would be retained. Along the north western boundary of the site which is adjacent to the railway a 4 metre high safety fence would be erected to ensure the safety of users of the railway/sports pitches.

The application also proposes the remodelling of the land contours to enable the land to be used for pitch provision.

The application has been revised on a number of occasions to achieve an enhanced scheme with the application site boundary changing to exclude land which was not in the control of applicant i.e. the northern area of woodland, and land which does not form part of the application.

Site Characteristics The application relates to two distinct parts of Chew Moor. To the east of Tempest Road lies the existing site of Ladybridge Football Club with accessed gained through woodland to a sports pavilion and associated car park. Currently a football pitch lies directly to the south of the pavilion. 187

To the west of the existing site lies open fields which slopes gently down towards the Manchester to Wigan railway line which forms the north west boundary of the site. Mature hedges form the boundary with Tempest Road to the east and New Tempest Road to the south. To the north of the site lies a number of large residential properties located on a private drive, Ellonby Rise whilst there are two large detached residential properties which abut the site to the South located off St Johns Wood.

Policy National planning policy PPS 1 Delivering Sustainable Development (2005) PPG 2 Green Belts (2001) PPS 9 Biodiversity and Geological Conservation (2005) PPG 13 Transport (2001) PPG 17 Planning for Open Space, Sport and Recreation (2002) PPS 23 Planning and Pollution Control (2004)

Regional Spatial Strategy for the North West (2004)

Unitary Development Plan (2005) G1/G2 Green Belts R5 Landscape Character - Agricultural Flood Plains N1 Biodiversity N5 Landscape Features N6 Biodiversity and Nature Conservation N7 Trees, Woodland and hedgerows N9 Protected species EM2 Incompatible uses EM3 Pollution EM4 Contaminated Land D1/D2 Design D3 Landscaping O1 Recreational land and facilities A5 Roads, paths, servicing and car parking, A6 Maximum car parking standards A7 Cycle parking and parking A9 Access for people with disabilities A16 Pedestrians CP4 Provision of health and community facilities Appendix 7 Car, cycle and motor cycle parking standards

Planning Control policy Notes No. 7 Trees: Protection and Planting in New Developments No. 10 Planning Out Crime No. 17 Nature Conservation No. 21 Highways Considerations

188 History The site on the eastern side of Tempest Road has had one recent permission (Ref:56520/00) whereby planning permission was granted in 2000 for the erection of a changing pavilion, construction of vehicular access, creation of a car park and the erection of fencing on the boundary. This has subsequently been implemented.

Planning permission was refused in September 2006 for the erection of 4 sections of ball stop fencing at a height of 5 metres in height (Ref: 74818/06) as it was considered that the proposal was intrusive in the landscape and would be inappropriate in terms of the landscape character of the area.

There is no relevant planning history for the site on the western side of Tempest Road.

Technical Consultations Bolton Council - Highway Engineers:-comments relating to the original plans requested access improvements and it was questioned whether there was adequate car parking provision made within the scheme. Subsequently additional car parking has been provided with the scheme based on a Transport Assessment. As a result the Highways Engineer has no objections to the scheme.

Bolton Council - Environmental Health Officers:-requested that a desktop contaminated land study be provided. In addition the Council’s EHO’s raised concerns regarding the proximity of sports pitches to residential properties and general noise and disturbance that this may cause to local residents. Request for a reassessment of the proposals to provide a larger stand off distance to the surrounding residential properties.

Bolton Council - Tree and Woodland Officers:-no objections to the loss of trees on the western part of the application site as these are predominantly young trees and the impact on amenity of the area is low subject to suitable replacement planting. The TWO objects to the extension to the Pavilion as it would further impact on the adjacent woodland. Subsequently the applicant has provided plans which restrict the level of car parking on the eastern side of Tempest Road to that approved under the previous approval. The formal comments of the TWO will be reported at the Committee meeting.

Bolton Council - Landscape Design and Development Officers:- consider that whilst the proposal would result in level changes to the west of Tempest Road and as a result recommend additional woodland planting to mitigate and mask the proposed earthwork's.

Bolton Council – Greenspace Management:- No objections subject to retention of an element of the existing hedges/trees and amendments to the proposed Landscape scheme to incorporate native trees/shrubs. An amended landscape scheme has been provided which meets with their approval.

Greater Manchester Police - Crime Prevention Officers:-no objections subject to bollards being erected to prevent unauthorised access onto the proposed car park when the facilities are not in use and the provision of a lighting scheme.

Greater Manchester Ecology Unit:- no objections subject to conditions.

189

The Wildlife Trust:- no objections. The site is not covered by any wildlife designation nor any protected species or species of wildlife interest have been recorded on the site. The Hedgerows do not constitute 'important' under the Hedgerow Regulations 1997.

The Environment Agency:-no objections subject to conditions relating to surface water drainage.

United Utilities:- comment that an aqueduct crosses the site but is not affected by the proposed development.

Sport England:- comment that the proposal represents a major investment in sports facilities in the Lostock area which can be of significant benefit to the community. If the proposals are for a replacement of the facilities at Lostock Industrial Estate they have a number of concerns.

Network Rail: no objections subject to drainage details and a method of work statement being provided. In addition, they require a 2 metre fence alongside the boundary with the train track in addition to a 4 metre high ball stop fencing.

Bolton Disability Steering Group:- level access to be provided.

Representations Letters:-a total of 153 representations have been received, including 91 letters of objections, one objection petition with a further 59 letters of support and 6 support petitions.

The letters of support have raised the following issues: • The proposed use of the site would preserve the openness of the site for the long term; • the proposed playing fields would be for the benefit of the community as a whole with the provision of community facilities; • the principle of recreational development in this location is acceptable.

The objections letters have raised the following issues: • The proposal is an inappropriate use in the Green Belt and would be detrimental to the openness of the green belt and out of character with the wider area; • Inappropriate location of the proposed access road in relation to existing traffic calming measures; • Loss of 'Jubilee Park' a public amenity space; • Reduction in views (not a material planning consideration); • Boundary treatment is inappropriate; • Lack of car parking provision and a resultant increase in traffic problems and on street car parking; • Split location is not appropriate; • Loss of wildlife habitats including hedges; • Development would result in residential development being proposed on the site in the future;

190 • Drainage issues; • Noise and light pollution from proposed playing fields; • Anti social behaviour connected with the use of the extended pavilion; • Traffic survey is incomplete; • No public consultation; • Loss of valuable grazing land; • Accessibility to existing users; • Loss of property values (not a material planning consideration); • The availability of alternative sites; • Clarification of the lease arrangements for the site as it is Council owned (not a material planning consideration).

Petitions:- A total of 7 petitions, 6 petitions were in support of the application with a total of 85 signatures. These support petitions were mostly in the form of circular style letters from a wide variety of addresses with a small number being resident in the local area. One petition of objection has been received.

Elected Members:-Councillor J. Silvester has raised concerns over a number of issues including whether an Environmental Impact Assessment was required, light pollution, roe deer being sited on the application site, hedge removal, impact on wildlife, grazing rights and the loss of Jubilee Park.

Councillor P. Allen and Councillor D. Wilkinson have requested that Members conduct an advanced site visit for the application prior to the Committee meeting.

Public Meeting:- A public meeting was held in July 2007 to discuss the application. 49 members of the public attended in addition to all Westhoughton ward members. A copy of the summary of the issues raised is appended at the rear of this report.

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

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

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

The main impacts of the proposal are:-

* principle of development * the site's suitability for recreational use * impact on the character and appearance of the area

191 * impact on the loss of amenity space; * impact on existing and future residents * impact on highway safety * impact on drainage * other issues raised by residents/members

Principle of development In respect of national, regional and local planning policies the use of Green Belt land is considered to be appropriate as an 'essential facility' for outdoor sport and recreation' which preserves the openness of the Green Belt. The application site is identified within the UDP as being allocated Green Belt and also an agricultural flood plain.

In terms of the area to the east of Tempest Road the proposal would result in a modest extension to the existing pavilion which would provide for a cricket score board at first floor level. It is considered that the extension would not have a detrimental to the appearance of the Green Belt and is considered to be an essential facility.

In terms of the proposed pavilion on the western side of Tempest Road this is also an essential facility for the bowling green and also providing changing accommodation for the other outdoor pitches on this side of the road.

Therefore, it is considered that the proposal would provide an essential outdoor recreation facility and is considered to be an appropriate use within the Green Belt.

The site's suitability for recreational use Sport England have provided comments on the proposed use of the land for recreational purposes.

Members will be aware that outline planning permission (Ref: 68157/04) was granted for residential, industrial development and the development of a football academy on the site of the former BAe/Lostock Industrial Estate and Sports Ground on Lostock Lane/Ox Hey Lane. Permission was granted in September 2004 subject to a number of conditions. Conditions 4 and 5 required that alternative provision be made for the relocation of the existing recreational facilities and implementation of this scheme prior to implementation of this permission.

Members will also be aware that there are a further two applications on this Committee agenda which are connected to this application. Planning application 77824/07 seeks the erection of a pavilion and the formation of outdoor recreational facilities including flood lighting. This is a smaller scale application than the Tempest Road application and would facilitate the relocation of the Lostock Sports and Leisure Club rather than the amalgamation of the two sports clubs.

It is the view of the applicant that subject to obtaining planning permission they would wish to implement one of the two 'permissions' with their preferred option being the Chew Moor Lane application.

192 In addition, planning application 75979/06 which is also on the agenda seeks the approval of layout, appearance, scale and landscaping for 301 dwellings. The implementation of the residential application is subject to either of the two recreational applications being implemented and in consultation with Lostock Sports Club and Sport England.

Therefore, whilst Sport England have been consulted on this application they reserve the right to provide detailed comments on whether the proposal is adequate to satisfy the requirements as a replacement facility for the existing Lostock Sports Club site.

In summary, Sport England have no objections regarding the proposal in itself but if they are to be considered as a replacement for the facilities at Lostock Industrial Estate there are a number of concerns:

• No drainage details; • The bowling green is not flood lit and therefore is not a equivalent replacement for the existing facilities; • Operational difficulties with the site being split by Tempest Road; • No management/maintenance details have been provided.

It is considered that the drainage details can be secured by a relevant planning condition.

In respect of the operational difficulties caused by the site being split by Tempest Road, unfortunately this cannot be changed due to the geography of the site.

Impact on the character and appearance of the area UDP policies D1/D2 seek to ensure that new development proposals are compatible with or improve their surroundings in terms of a variety of considerations including layout, height, massing, materials and landscaping. In addition, Policy R5 seeks to ensure that the Council will permit development within Landscape Character Areas which contributes or strengthens the character of the landscape.

In terms of the overall character of the area, the areas are distinct with the area to the East of Tempest Road being characterised by woodland, large pavilion and raised area which currently accommodates a football pitch. A modest extension would be provided on this side of the road whilst the football pitch would be replaced by a cricket pitch. Therefore, this area would not be greatly changed by the proposal.

In terms of the western side of Tempest Road the area is identified as a Landscape Character Area within the UDP being characterised by large areas of open grassland split up by a number of hedgerows. Hedgerows form the boundary with Tempest Road. The original plans were to remove the majority of the hedgerows within the site to enable the creation of sports pitches.

The Council's Landscape section have commented that whilst they consider the proposal to result in a series of plateau like areas within a naturalistic river valley area additional planting would be required to help masks these new areas.

193 Revised landscape plans have been provided which provide opportunities for naturalistic planting with the retention of larger sections of the existing internal hedgerows and the existing trees. Whilst Network Rail have requested 4 metre palisade fencing be erected on the western edge of the site this is considered to be an inappropriate type of fence in this location. It is considered that a more appropriate style of fence could be secured via condition. In respect of the proposed height of the fence, in the main this is unlikely to be viewed directly due to the proposed screening and therefore is considered to be appropriate.

Therefore, whilst due to the nature of the proposal a series of plateaux would need to be created these areas have been broken up by the retention of sections of existing hedges and the further softened by additional planting. Therefore, on balance this aspect of the scheme is considered to be acceptable.

Whilst the original proposal sought permission for a number of junior pitches at the rear of Margrove Chase this element has been removed from the application. Notwithstanding this, a number of pitches would be in relative close proximity to existing residential properties including Ellonby Rise to the north and St Johns Wood to the south.

The curtilage of No. 1 and 5 Ellonby Rise would be approximately 5 metres from the edge of the proposed car park and bowling green. No's 1 and 2 St Johns Wood would also be within approximately 5 metres of the edge of the proposed football pitch.

The Council's Environmental Health Officers have expressed their concerns with regard to this close proximity. The properties to the North (Ellonby Rise) are on a higher level than the proposed recreation facilities and have a substantial boundary treatment with the existing site. Whilst properties on St Johns Wood are on a lower level than the existing land to the north. These levels are not envisaged to rise. The boundary to this site is a wire fence which would be retained and supplemented by additional landscaping.

Whilst the proposed relationship between the existing residential use and proposed use of the open fields is not ideal there are no guidelines as to what is the recommended stand off distance between outdoor recreation uses and residential properties. In addition, this close relationship is no different than around other recreation sites within the Borough and there is no further scope to increase stand off distances which are proposed.

A number of residents have commented that the proposal may result in an increase in anti social behaviour in the area due to the provision of additional recreational facilities. It is considered that the proposal is unlikely to result in any increase in anti social behaviour especially as the proposed new car park would be gated off when the facilities were not in use.

Impact on highway safety UDP Policies A5, A6 and Appendix 7 seeks to ensure that new development proposals do not have a detrimental impact on the road network. The original submission provided for an

194 access adjacent to Ellonby Rise and parking provision for 61 car parking spaces with an additional 80 spaces within the existing woodland car parking to the east (an increase of 10 spaces).

As a result of the Trees and Woodland Officers concern regarding impact on trees and autumn crocus and in the light of a Transport Assessment for the site, these plans have been amended to provide for a total of 150 car parking spaces, 100 of which would be located on the western side of Tempest Road with the remaining 50 being located within the existing woodland.

In addition, the site access road has been moved further to the south. These amended proposals meet with the approval of the Council's Highways Engineers subject to a number of minor amendments. These amendments will be reported via the Late List.

Impact on the loss of recreational open space/amenity space A number of local residents have raised the issue that the proposal would involve the loss of 'Jubilee Park'. According to residents this land was designated by the Council as an local amenity area for local residents and has involves the regular maintenance by Greenspace Management. This area of land is accessed via the north eastern corner of the site via a stile and is characterised by mown grassland whose boundary is formed by a number of raised earth mounds upon which a number of trees have been planted.

The Council's Greenspace Management team have commented that the site has not been designated as a parkland. The site is not identified within the UDP as an allocated site. Despite the land is not allocated, as local residents have stated it is used as an amenity space by local community groups and therefore it does have some value.

In terms of Policy O2 of the UDP which seeks to only permit the development of recreational open space whereby one of four criteria must be fulfilled. This proposal would ensure that Criteria (iii) of Policy O2 would be fulfilled, namely the development would be for a 'non commercial community use; is ancillary to the recreational use of the area; and does not adversely affect the recreational, townscape or nature conservation area of the site.'.

Furthermore the Council's Greenspace Manager also states that the a playing Pitch Strategy which was completed five years ago stated that there was a shortage of outdoor sports facilities within this Forum area.

Therefore, on balance it is considered that the loss of an unallocated area of informal amenity space could be supported.

Impact on trees/woodland UDP Policy N7 states that the Council will not permit development which results in the loss of trees of visual, historic or amenity importance.

The Council's Tree and Woodland Officer has commented that he has reservations with regard to the proposals for the eastern side of the application site. Amended plans have been submitted which provide for a reduced area of car parking which is in line with the

195 previous approval for the existing Ladybridge Football Club. The revised comments of the TWO will be reported at the Committee meeting.

Impact on wildlife Policies N1, N6 and N9 of the UDP all seek to ensure that new development proposals do not have a detrimental impact on the natural environment or biodiversity. In addition a number of residents and Members have requested that an Environmental Impact Assessment be conducted as part of the planning application process.

As part of the submission the applicants have provided a bat survey. In terms of the Environmental Impact Assessment regulations the applicant was not required to provide an Environmental Impact Assessment for the site.

Notwithstanding the above the Greater Manchester Ecology Unit have no objections to the proposal subject to conditions being placed on any approval relating to a site clearance method statement being provided in addition to site clearance works being restricted to outside the bird nesting season (March to July). The requirement for the planting of native species has already been incorporated within an amended landscape plan.

The Council's Wildlife Officer and The Wildlife Trust have no objections to the proposal.

Impact on drainage UDP policy EM10 seeks to ensure that new development proposals are designed to minimise surface water run off. Concerns have been received by a number of residents regarding the proposals impact on flooding and drainage issues in general. The Environment Agency and United Utilities have been consulted on the application and have no objections subject to conditions being added with regard to the future approval of drainage detail prior to commencement of development.

It is considered that this can be provided for within a permission.

Other issues raised by local residents A number of residents have questioned whether the granting of planning permission on the site would open the doors for future development of the site for residential purposes. Furthermore residents have also raised the issue of grazing rights on the application site and if the application were successful what the lease arrangements would be.

In terms of the principle for residential development on the site, at this moment in time the application remains within the green belt. This allocation would not change no matter the outcome of this application. Therefore, residential development would still be considered to be inappropriate on this land.

In terms of both the grazing rights on the land and any potential lease arrangement with prospective tenants this would be for the Council's Corporate Property Services section to deal with and is not a planning matter.

196 One additional item raised by local residents are issues over alcohol licensing provision within the proposed new pavilion area. It is considered that this aspect would be dealt with by the Council's Licensing section.

Conclusion On balance, whilst the proposal would result in a large amount of earth moving, be split by Tempest Road, be relatively close to existing residential properties and result in the loss of a locally used area of open land, with sensitive retention of existing landscape features supplemented by additional native planting where appropriate and the adequate car parking provision which is provided for within the revised scheme the proposal, on balance is considered to be acceptable.

Members are therefore recommended to grant planning permission for the proposed development subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

197 Authority. The Options Appraisal shall include identification of feasible remediation options, evaluation of options and identification of an appropriate Remediation Strategy. Implementation of Remediation Strategy No development shall commence, unless otherwise agreed in writing with the Local Planning Authority, until the following information relating to the approved Remediation Strategy has been submitted and approved by the Local Planning Authority: i) Detailed remediation design, drawings and specification; ii) Phasing and timescales of remediation; iii) Verification Plan which should include sampling and testing criteria, and other records to be retained that will demonstrate that remediation objectives will be met; and iv) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

Reason

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

Reason

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

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

198 Reason

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

6. No development shall take place unless and until the existing hedgerow(s) within the site which are to be retained as shown on the approved plan have been fenced off using timber fencing of a design and in a position to be agreed by the Local Planning Authority, prior to the commencement of building or engineering operations. Thereafter, no excavation or other building or engineering operations shall take place and no plant, machinery or materials (including excavated material) shall be placed, deposited, stored or stacked within any such fence during the construction period.

Reason

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

7. No development shall be started until a minimum of 14 days notice in writing has been given to the Local Planning Authority that the protective fencing referred to in Conditions 5 and 6 has been erected.

Reason

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

Reason

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

9. Prior to commencement of development a scheme indicating the provision to be made for disabled people to gain access including level or ramped access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

10. Notwithstanding the approved plans, prior to commencement of development a scheme indicating the provision to be made for not less than 2 car parking spaces or 6% of the total car parking spaces, whichever is the greater, shall be submitted to and approved by the Local Planning Authority. The approved car parking area shall be laid out and reserved at all times for use by drivers with disabilities before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

199

11. Before development commences details of all external lighting equipment shall be submitted to and approved by the Local Planning Authority. The lighting in the scheme should be erected, directed and shielded so as to avoid nuisance to residential accommodation in close proximity. The lighting should be designed to provide a standard maintained illumination (LUX) as measured at the nearest residential properties affected, of between 5 and 20 LUX with the lower level being the preferable one. No other lighting equipment may then be used within the development other than as approved by the Local Planning Authority.

Reason

To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents.

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

Reason

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

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

Reason

In the interests of highway safety.

14. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay as shown on the submitted plan has been provided and subsequently maintained free of all obstructions between the height of 0.6 metres and 2 metres (as measured above carriageway level).

Reason

To ensure traffic leaving the site has adequate visibility onto the highway.

15. The development hereby approved/permitted shall not be brought into use unless and until not less than 100 car parking spaces have been marked out and provided within the curtilage of site to the west of Tempest Road, in accordance with the approved/submitted details. Such spaces shall be made available for the parking of cars at all times the premises are in use.

Reason

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

16. No development approved by this permission shall be commenced until a scheme for the proposed water features has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be completed in accordance with the approved plans before first use of the recreational facilities hereby approved, and the features shall be retained thereafter.

Reason

To alleviate the risk of flooding.

200

17. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been approved by the Local Planning Authority. The scheme shall be completed in accordance with the approved plans which shall be retained thereafter.

Reason

To reduce the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

18. Prior to the commencement of the development full details of the proposed final treatment and maintenance for the site shall be submitted to and approved by the Local Planning Authority. The approved maintenance scheme shall include details of the contract and an annual maintenance regime for all areas. The approved final treatment scheme shall be implemented in full prior to the date of first use of the sports facilities hereby approved/permitted and unless otherwise agreed in writing with the Local Planning Authority maintained thereafter in accordance with the approved scheme.

Reason

To safeguard the setting of the development within the landscape of the area as responsibility for maintenance of the areas allocated is to remain with the Applicant.

201

203 204 205 206

Date of Meeting: 06 September 2007 Item Number: 20

Application Reference: 77927/07

Type of Application: Full Planning Application Registration Date: 20/07/2007 Decision Due By: 14/09/2007 Responsible Andrew McGlone Officer:

Location: STATION HOUSE FARM, CHORLEY ROAD, WESTHOUGHTON, BOLTON.

Proposal: ERECTION OF DETACHED AGRICULTURAL DWELLING, ASSOCIATED EXTERNAL WORKS AND INSTALLATION OF NEW FOUL WATER DRAINAGE SYSTEM

Ward: Westhoughton North

Applicant: Mr & Mrs B Baxter Agent : S Wilson

Officers Report

Proposal It is proposed to erect an agricultural dwelling at Station House Farm, off Chorley Road. This application is to be subject to an advance site visit.

Site Characteristics The site is located in the green belt and forms part of Station House Farm, used for egg production and also as a nursery. The site fronts onto Chorley Road. Opposite is an established hotel and a number of terraced dwellings, whilst there are other farm complex’s in the surrounding area.

Access is from Chorley Road and the proposed dwelling would utilise this, although the dwelling would be separated off from the remainder of the site.

Policy National Policy PPS1 Delivering Sustainable Development; PPG2 Green Belt; PPS3 Housing; PPS7 Sustainable Development in Rural Areas.

Local Policy A5 Roads, Paths, Servicing and Car Parking; D2 Design; G1, G2 and G3 Green Belt; H3 Housing; R5 Landscape Character

PCPN2 Space Around Dwellings; PCPN3 House Extensions; PCPN27 Housing Development

History Application ref: 77276/07 was approved subject to conditions for the erection of an extension to an agricultural building in July 2007.

207 Application ref: 72783/05 was approved subject to conditions in December 2005 for the use of the land for the siting of a portable home for a temporary period of three years.

Application ref: 69974/05 was approved subject to conditions in March 2005 for the erection of a free range egg production unit along with alterations to access and landscaping.

Application 68300/04 was withdrawn by the applicant for the erection of a single storey building to form an egg plant in August 2004.

Application ref: 68282/04 was withdrawn by the applicant in August 2004 for the erection of an agricultural building to form cattle and farm.

Technical Consultations United Utilities – no objections to the proposal, although the site must be drained on a separate system, with only foul drainage connected to the foul sewer.

Bolton Council – Green Space Wildlife Liaison Officer – no objections to the proposal, but would like to see the maturing hedgerows and trees retained.

Representations Westhoughton Town Council – raise objection to the proposal, questioning the appropriateness and impact on drainage systems.

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

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

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

The main impacts of the proposal are:-

* impact on the Green Belt * impact on the Character and Appearance of the Surrounding Area * impact on the Drainage of the Site

Impact on the Green Belt The site lies within the green belt. Under national green belt policy there are exceptions to the policy which normally prevents development of dwellings or other forms of buildings. However the proposal relates to an agricultural use and therefore this proposal complies with policy, so long as it is of an appropriate nature.

208

The sequential test used for this form of development entails that the business must be in profit for a period of one year over a consecutive three year period. The applicant has provided information which provides assurances that the business is of a sound footing.

PPS7 outlines the five aspects of the test, which the local authority must adhere to. They are: (i) there is a clearly established existing functional need; (ii) the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement; (iii) the unit and the agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound, and have a clear prospect of remaining so; (iv) the functional could not be fulfilled by another existing dwelling on the unit, or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned; and (v) other planning requirements, e.g. in relation to access, or impact on the countryside, are satisfied. In response to each of these:

(i) The site is used for egg production, which is now in its second complete cycle, committing the business well into a third financial year. (ii) The applicant is the owner of the site and it is a full time occupation. (iii) The egg production plant was granted permission in 2005 and has therefore not been operational for three years; however it has been clearly demonstrated that the business is a profitable one, which has a clear prospect of remaining so in forthcoming years. (iv) There is currently provision for temporary accommodation on site. This dwelling would replace this unit. There is limited opportunity for an alternative solution. This is the most appropriate result. (v) There would be a limited impact on the countryside as there is already an access point into the site and only a minor extension will be created to reach the proposed dwelling. Also the design and layout of the dwelling ensures that it is well screened and maintains the openness of the area.

Impact on the Character and Appearance of the Surrounding Area This proposal is for the erection of a detached farmhouse style dwelling within an agricultural site. The design of the dwelling has taken on board many sensitive issues associated with developing in the green belt. It has minimised the size of the plot and it represents a typical farmhouse in its design and use of materials. To soften the introduction of this dwelling the applicant proposes to maintain the openness of the site, and many of the species lining the site boundary, thus minimising the visual impact of the dwelling in the surrounding area, whilst ensuring there would be no adverse impact upon the green belt. The site is well set back and will not look out of character in an area containing some conversion to farm buildings. It is sympathetic to the area.

209 This proposal would see the removal of the temporary accommodation. This proposal complies with policy D2 and D3 of the UDP. Impact on the Drainage of the Site A new drainage system is to be installed on the site to deal with the additional impact that a dwelling brings. United Utilities have no objections to the proposal and request that a new system should ensure only foul sewage is connected with the foul sewer. In principle this is okay, subject to further details being submitted by the applicant should approval be granted.

Conclusion This application has shown that it meets national and local policy and complies with the financial test stated in PPS7. Members are therefore recommended to approve this application subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

2. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been approved by the Local Planning Authority. The scheme shall be completed in accordance with the approved plans which shall be retained thereafter.

Reason

To reduce the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

3. No development approved by this permission shall be commenced until a scheme for the provision of foul drainage works has been approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved plans and retained thereafter.

Reason

To prevent pollution of the watercourse.

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

Reason

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

210 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or replacing that Order) unless otherwise agreed in writing with the Local Planning Authority no windows, doors or other openings shall be formed in the elevations of the development hereby approved/permitted other than those shown (indicated) on the approved drawings (if any) nor shall those existing windows, doors or other openings (if any) be enlarged or altered.

Reason

To ensure adequate standards of privacy are obtained.

6. The development hereby approved/permitted shall not be brought into use unless and until a detailed specification for all doors and windows has been submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details, which shall thereafter be retained.

Reason

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

7. All rainwater goods to the building(s) shall be coloured black within 28 days of their installation and kept so coloured.

Reason

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

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

Reason

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

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

Reason

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

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

Reason

In the interests of highway safety.

211

212

11. No work, including the storage of materials, or placing of site cabins, shall take place within the extreme circumference of the branches of any tree on or overhanging the site.

Reason

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

12. The screen fence shown on the approved site layout plan shall be erected in accordance with detailed designs including their colour which shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The screen fence shall be erected before any of the dwellings to which they relate have been occupied, and retained thereafter.

Reason

To ensure adequate standards of privacy are obtained and to safeguard the visual appearance of the area.

213

215 216 217 218

Date of Meeting: 06 September 2007 Item Number: 21

Application Reference: 77843/07

Type of Application: Full Planning Application Registration Date: 16/07/2007 Decision Due By: 10/09/2007 Responsible Andrew McGlone Officer:

Location: WINGATES PLAY PARK, HOLDEN LEA, WESTHOUGHTON, BOLTON

Proposal: ERECTION OF A YOUTH SHELTER.

Ward: Westhoughton North

Applicant: Bolton Council - Children's Services Agent : Bolton Council - Environmental Services

Officers Report

Proposal Permission is sought for the erection of a youth shelter in Wingates Park off Holden Lea, Westhoughton. This proposal includes the laying out of a footpath stemming from the existing footpath which gained permission under planning ref: 70571/05

Site Characteristics The site is an allocated recreational area, abutting residential properties and Wingates Industrial Estate. Various access points serve the park from Holden Lea or from footpaths to the west of the site, although some are controlled by access gates. The park has been subject to recent modifications, in the form of tree planting and the installation of new play equipment, the majority of which are positioned at the other end of the park, away from the proposed youth shelter. There is a range of equipment, such as football goals, a multi purpose play arena and a children’s play area.

Policy National Policy PPG17 Planning for Open Space, Sport and Recreation; PPG24 Planning and Noise

UDP Policy A1 Accessibility; A9 Access for People with Disabilities; CP1 Community Provision; D2 Design; O2 Recreational Area

PCPN10 Crime

History Application ref: 70571/05 was approved subject to conditions in May 2005 for the change of use of land to provide a play wall and ball court.

219 Technical Consultations Bolton Council – Access Group – level access into the shelter must be achieved.

Greater Manchester Police Crime Prevention Officers – any vegetation existing or proposed around the proposed shelter should be kept to a maximum height of 1000mm and any foliage to trees should be at a height exceeding 2000mm, so as not to create potential hiding places or impede natural surveillance of and from the shelter.

Westhoughton Town Council - raised no objection to the principle of the proposal. Concern was raised by Councillor Brennan that the Residents Association/local children agreed a different type of Shelter than that proposed as part of this application. If this is clarified prior to committee then the town council raise no objection.

Representations Letters – there have been four objections to this proposal. The issues raised throughout the letters are noted below:

• There will be problems with anti – social behaviour • Youths will be encouraged to drink alcohol • Loud music and bad language will be used • Younger children will be discouraged from using the park • The last shelter was burned down • There will be unacceptable disturbances • This shelter would encourage gangs of youths to congregate in the area again.

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

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

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

The main impacts of the proposal are:-

* impact on the Recreational Open Space * impact on the Residential Amenity of Local Residents * impact on the Safety ad Security of the Site

Impact on the Recreational Open Space Policy O2 of the UDP is supportive of such proposals, as it explicitly states that proposals that do not adversely affect or damage the recreational open space are acceptable. It is also

220 noted the use of this shelter is ancillary to the use of the park and does not constitute a change in any shape or form.

It is considered this proposal will enhance the facilities currently available on this site and it is not contrary to policy.

Impact on the Residential Amenity of Local Residents On two sides this park is adjacent to residential properties and the further community is beyond these immediate properties. Greater interface distances exist between the rear gardens leading onto the park, these are in the region of approximately 50 metres between the nearest dwellings and the proposed youth shelter, with the majority being at a much greater distance. Impact on the Safety ad Security of the Site Many objectors main concerns were the safety and security of the local community and in particular the activities of local youths. Views into the shelter would be maintained from all angles due to the clear facade and open frontage. The footpath leading to the shelter is over looked from the rear of properties on Wingates Grove and also from the remainder of the park; also the paths are away from the rear of properties and potential hiding areas. The shelter is situated away from areas of landscape, thus enforcing the level of natural surveillance aforementioned. Controlled access gates are employed to either side of the proposed shelter; this will enable the local community and Greater Manchester Police to manage the site in an improved manner. Greater Manchester Police do not objection to the installation of the youth shelter. Conclusion This shelter would provide additional facilities in a park close to the community. It complies with policy and members are therefore recommended to approve this application subject to conditions.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

1. The development hereby approved/permitted shall not be brought into use unless and until all external walls of the development are powder coated in RAL 6005 and thereafter the development shall be kept so coloured unless otherwise agreed in writing with the Local Planning Authority.

Reason

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

221 222

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

Reason

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

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

Reason

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

4. No work, including the storage of materials, or placing of site cabins, shall take place within the extreme circumference of the branches of any tree on or overhanging the site.

Reason

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

223

225 226 227

Date of Meeting: 06 September 2007 Item Number: 22

Application Reference: 77824/07

Type of Application: Full Planning Application Registration Date: 03/07/2007 Decision Due By: 28/08/2007 Responsible Alex Allen Officer:

Location: LAND TO THE EAST OF CHEW MOOR LANE AND ADJACENT TO AND SOUTH OF THE M61, LOSTOCK

Proposal: ERECTION OF A PAVILION TOGETHER WITH FORMATION OF THE LAND TO ACCOMMODATE FOOTBALL, RUGBY, CRICKET AND FLOODLIT CROWN GREEN BOWLING WITH ASSOCIATED CAR PARKING AND LANDSCAPING.

Ward: Westhoughton North

Applicant: Lostock Properties Agent : VA Consulting Limited

Officers Report

Proposal The proposal seeks the change of use of land to accommodate three pitches including one cricket pitch, rugby pitch and a football/rugby pitch together with a bowling green with floodlights, 64 space car park and associated pavilion. An additional 3 disabled car parking spaces would be provided adjacent to the proposed pavilion.

Additional planting is proposed along the front of the site (west) and the side (south). The proposed boundary treatment would be post and rail fencing.

Site Characteristics The application relates to a relatively flat rectangular shaped piece of grazing land which is bordered by a significant tree belt and the M61 motorway to the north, a large area of grazing land to the south and east. The site is located opposite a relatively new housing estate to the west (Cornerbrook). The site has no significant natural features.

Policy PPS 1 Delivering Sustainable Development (2005) PPG 2 Green Belts (2001) PPS 9 Biodiversity and Geological Conservation (2005) PPG 13 Transport (2001) PPG 17 Planning for Open Space, Sport and Recreation (2002) PPS 23 Planning and Pollution Control (2004)

Regional Spatial Strategy for the North West (2004)

Unitary Development Plan (2005) G1/G2 Green Belts R5 Landscape Character - Agricultural Flood Plains

228 N1 Biodiversity N5 Landscape Features N6 Biodiversity and Nature Conservation N7 Trees, Woodland and hedgerows N9 Protected species EM2 Incompatible uses EM3 Pollution EM4 Contaminated Land D1/D2 Design D3 Landscaping O1 Recreational land and facilities A5 Roads, paths, servicing and car parking, A6 Maximum car parking standards A7 Cycle parking and parking A9 Access for people with disabilities A16 Pedestrians CP4 Provision of health and community facilities Appendix 7 Car, cycle and motor cycle parking standards

Planning Control policy Notes No. 7 Trees: Protection and Planting in New Developments No. 10 Planning Out Crime No. 17 Nature Conservation No. 21 Highways Considerations

History The site has no relevant planning history.

Technical Consultations Bolton Council - Highway Engineers:- no objections.

Bolton Council - Environmental Health Officers:-no comments have been received to date. Formal comments will be reported at the Committee meeting.

Bolton Council - Wildlife Liaison Officer:- found the site to be of low value characterised by a grassland sward. No objections.

Sport England:-consider that the proposal would be a significant investment in sports facilities. In view of the nature of the application (i.e. replacement facility for existing BAe pitches) the proposed site is approximately 2 miles away from the existing provision. They consider that this proposal would meet the Conditions on the outline consent for the BAe site.

Highways Agency:- no objections.

Representations Letters:- a total of 45 objection letters have been received raising objections to the proposal for a number of reasons including:

229

• Increase in traffic; • Increased noise and pollution; • Increase in anti social behaviour; • The land is not suitable for usage as it is prone to flooding/drainage problems; • The proposed use would result in the use of land for other uses in future years including residential development; • Loss of views (not a material planning consideration) • Reductions in property values (not a material planning consideration) • There are sufficient other leisure facilities in Chew Moor; • Detrimental impact on the natural environment.

Petitions:- three petitions have been received objecting to the proposal with a total of 60 signatures raising the following issues:

• Increased traffic and on street parking; • Loitering and vandalism problems when the pavilion is closed; • noise and light pollution; • building on an open site in the Green Belt is inappropriate; • Inadequate provision for car, cycle and motorcycle parking.

Town Council:-the comments of Westhoughton Town Council will be reported at the Committee meeting.

Elected Members:-Councillor P Allen and Councillor D Wilkinson have requested that Members conduct an advanced site visit prior to the Committee meeting.

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

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

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

The main impacts of the proposal are:-

* principle of development * the site's suitability for recreational use * impact on the character and appearance of the area * impact on existing and future residents * impact on highway safety

230 * impact on wildlife * impact on drainage * other issues raised by residents/members

This proposal is a self contained, stand alone proposal which would provide facilities to enable the relocation of the Lostock Sports Club rather than the amalgamation of two existing clubs as in application 76619/07. As such the proposal is much smaller in scale in terms of the pavilion and car parking requirements and therefore has less land take.

Therefore, it is considered that the proposal would provide an essential outdoor recreation facility and is considered to be an appropriate use within the Green Belt.

The site's suitability for recreational use Members will be aware that outline planning permission (Ref: 68157/04) was granted for residential, industrial development and the development of a football academy on the site of the former BAe/Lostock Industrial Estate and Sports Ground on Lostock Lane/Ox Hey Lane. Permission was granted in September 2004 subject to a number of conditions. Conditions 4 and 5 required that alternative provision be made for the relocation of the existing recreational facilities and implementation of this scheme prior to implementation of this permission.

Members will also be aware that there are a further two applications on this Committee agenda which are connected to this application. Planning application 76619/07 seeks the erection of a pavilion and the formation of outdoor recreational facilities. This is a much larger scale project involving large earth movements.

Due to the nature of the site this would not be required for this site due to the existing levels within the site.

It is the view of the applicant that subject to obtaining planning permission they would wish to implement one of the two 'permissions' with their preferred option being this application.

In addition, planning application 75979/06 which is also on the agenda seeks the approval of layout, appearance, scale and landscaping for 301 dwellings. The implementation of the residential application is subject to either of the two recreational applications being implemented and in consultation with Lostock Sports Club and Sport England.

Sports England comments

In summary, Sport England has no objections regarding the proposal in itself. In addition, Sport England has commented that this proposal would in their view enable the discharge of Conditions 4 and 5 on the previous permission mentioned above. A detailed drainage

231 scheme would need to be provided if Members are minded to grant planning permission for the scheme in addition to safety run offs details for the pitches.

Impact on the character and appearance of the area UDP policies D1/D2 seek to ensure that new development proposals are compatible with or improve their surroundings in terms of a variety of considerations including layout, height, massing, materials and landscaping. The application does not propose any soil movement and therefore the character of the site and the wider area would not be impacted in any significant way.

The proposal would provide a single storey pavilion building which would measure 15 metres by 30 metres in length with a cricket score board in the eastern elevation with a balcony within the roof space. The total height of the building would be 5.3 metres to the apex of the roof. In terms of the application proposal it is considered that this building is a modest building and is considered to be an essential facility.

The overall provision of pitches will not have an impact on the character of the area or the wider green belt as a whole.

One key aspect of this proposal is that it proposes the erection of floodlights which would be situated at each corner of the bowling green. This would enable wider use of the bowling green. Flood light details have been provided and would comprise of 10 metres high poles with three floodlights each measuring erected at the top of each pole.

It is considered that these floodlights would represent an alien feature in the green belt as a whole, the site is adjacent to Chew Moor Lane which has street lights within the pavement. Whilst on the northern section of Bolton Road, which is on a higher level than the application set, does have some street lights also within the pavement.

Councillor Wilkinson has commented that it may be better if the pavilion was sited closer to the road and therefore not have as much impact on the green belt. However, it is considered that there is a balance to be struck between moving the pavilion closer to the residential properties to the west and keeping any potential noise generator away from residential properties therefore reducing any potential conflict between the two uses.

Therefore, it is considered that with the omission of the flood lighting element the proposal is acceptable.

Impact on existing and future residents UDP policies EM2 and EM3 seek to ensure that new development proposals do not result in unacceptable impacts on existing uses by way of noise, lighting, traffic or other pollution. As stated above the proposed pavilion has been kept away from residential properties as has the proposed flood lighting scheme. Whilst some residents have expressed concerns regarding potential conflict and the site generating additional anti social behaviour which residents would have to deal with the proposal would be gated and have sufficient secure boundary treatment to prevent unauthorised access to the site.

232 Therefore, it is considered that the proposal would have a minimal impact on local residents. The comments of the Council’s Environmental Health Officer will be reported at the Committee meeting.

Impact on highway safety UDP Policies A5, A6 and Appendix 7 seek to ensure that new development proposals do not have a detrimental impact on the road network. Whilst residents have expressed concerns over the level of car parking and overspill car parking being provided on the adjacent highway network. Other residents have compared the parking level on application 76619/07 with this application.

As stated this application is much smaller than the other application before members and therefore has a lower number of car parking numbers provided within the scheme (67 no. in total). The Council’s Highways Engineers has no objections to the proposals.

Impact on wildlife Policies N1, N6 and N9 of the UDP all seek to ensure that new development proposals do not have a detrimental impact on the natural environment or biodiversity. In terms of the Environmental Impact Assessment regulations the applicant was not required to provide an Environmental Impact Assessment for this site.

Notwithstanding the above, the Council's Wildlife Officer considers that the site is of low value characterised by grassland sward and has no objections to the proposed development.

Impact on drainage/infrastructure UDP policy EM10 seeks to ensure that new development proposals are designed to minimise surface water run off. Concerns have been received by a number of residents regarding the suitability of the proposal as the site is allegedly prone to flooding/water logging.

It is considered that if there are any problems with regard to drainage these will be rectified during the laying of the proposed pitches and through maintenance of the pitches over the longer term. It is considered reasonable to secure the site’s drainage details by condition so ensure the Environment Agency/United Utilities are satisfied.

The proposal would also be adjacent to a High Pressure Gas Main. The views of Transco are being sought and will be reported at the Committee meeting.

Other issues raised by residents/members A number of residents have questioned whether the granting of planning permission on the site would open the doors for future development of the site for residential purposes

233 Value Added to and by the Development The proposal would provide a significant investment in sports facilities in the area and would satisfy Sport England with regard to discharging Condition 4/5 of planning permission reference: 68157/04.

Conclusion The proposals would comply with national, regional and local policies with regard to green belt policy. The design and siting of the sports pitches and associated building would be sensitively located within the site and being generally in character with the wider area whilst adequate car parking would be provided within the curtilage of the site.

Accordingly the proposal is recommended for approval by Members subject to various conditions which secure the site.

Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

Reason

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

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

4. Notwithstanding the approved plans, prior to commencement of development a scheme indicating the provision to be made for not less than 2 car parking spaces or 6% of the total car parking spaces, whichever is the greater, shall be submitted to and approved by the Local Planning Authority. The approved car parking area shall be laid out and reserved at all times for use by drivers with disabilities before the development hereby approved/permitted is first brought into use and thereafter retained unless otherwise agreed in writing with the Local Planning Authority.

234

Reason

To ensure persons with disabilities are able to use the building(s) pursuant to the provisions of the Chronically Sick and Disabled Persons Act 1970.

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

Reason

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

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

235 iv) Monitoring and Maintenance Plan (if appropriate). This should include a protocol for long term monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

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

Reason

In the interests of highway safety.

8. The development hereby approved/permitted shall not be brought into use unless and until not less than 67 car parking spaces have been marked out and provided within the curtilage of the site, in accordance with the approved/submitted details. Such spaces shall be made available for the parking of cars at all times the premises are in use.

Reason

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

9. Before development commences details of the provision to be made for cycle parking within the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development hereby approved is first brought into use and retained thereafter.

Reason

To encourage cycle use and provide adequate facilities for cyclists.

10. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been approved by the Local Planning Authority. The scheme shall be completed in accordance with the approved plans which shall be retained thereafter.

Reason

To reduce the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

236

Reason

To safeguard the amenity and character of the area and to safeguard the living conditions of nearby residents.

Reason

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

13. No work, including the storage of materials, or placing of site cabins, shall take place within the extreme circumference of the branches of any tree which is overhanging the site.

Reason

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

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

Reason

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

15. No development shall be started until a minimum of 14 days notice in writing has been given to the Local Planning Authority that the protective fencing referred to in Condition 14 has been erected.

Reason

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

Reason

To enhance the setting of the development within the landscape character of the locality.

237 238

17. Prior to the commencement of the development full details of the proposed final treatment and maintenance for the site shall be submitted to and approved by the Local Planning Authority. The approved maintenance scheme shall include details of the contract and an annual maintenance regime for all areas. The approved final treatment scheme shall be implemented in full prior to the date of first use of the sports facilities hereby approved/permitted and unless otherwise agreed in writing with the Local Planning Authority maintained thereafter in accordance with the approved scheme.

Reason

To safeguard the setting of the development within the landscape of the area as responsibility for maintenance of the areas allocated is to remain with the Applicant.

239

241