Planning Applications Report
Planning and Highways Committee
30 November 2006
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 Government Minerals 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 Folders. These can be inspected by initially contacting Valerie Walsh:- Telephone (01204) 336065 or [email protected]
2 INDEX Ref. No Page Item Ward Location
73099/06 5 1 BRCR FORMER INSTITUTE OF ISLAMIC HIGHER EDUCATION, HOSPITAL ROAD, BROMLEY CROSS
74724/06 39 2 FARN BOLTON COUNCIL STORAGE DEPOT, GLADSTONE ROAD, FARNWORTH
75644/06 61 3 GRLE SWAN LANE MILL, HIGHER SWAN LANE, BOLTON, BL3 3BJ
75643/06 73 4 GRLE SWAN LANE MILL, HIGHER SWAN LANE, BOLTON, BL3 3BJ
75702/06 83 5 HARP 7 WATERS EDGE, FARNWORTH, BOLTON, BL4 0NL
75492/06 89 6 HOBL ACRESFIELD HOUSE, 30 CHORLEY ROAD, BLACKROD, BOLTON, BL6 5JS
75325/06 101 7 HONE WOODFORD, MILL LANE, HORWICH, BOLTON, BL6 6AQ
75620/06 109 8 KEAR ST. JOHN THE EVANGELIST CHURCH, CHURCH STREET, FARNWORTH
75549/06 117 9 LLDL WELLFIELD HOUSE, BOSCOW ROAD, LITTLE LEVER, BOLTON, BL3 1AB
75591/06 133 10 RUMW 81 AUBURN STREET, BOLTON, BL3 6UE
75546/06 139 11 SMIT 1 WYTHBURN AVENUE, BOLTON, BL1 6BG
75637/06 145 12 SMIT BRYNMOOR, HARPERS LANE, BOLTON, BL1 6HR
75525/06 165 13 WESO 80 DOBB BROW ROAD, WESTHOUGHTON, BOLTON, BL5 2BB
75589/06 175 14 WESO 75-77 MARKET STREET, WESTHOUGHTON, BOLTON, BL5 3AA
75588/06 185 15 WNCM THE BAKEHOUSE, 2 MARSHBANK, WESTHOUGHTON, BOLTON, BL5 3SR
48800/96 191 16 HULT CUTACRE TIP RECLAMATION AND OPENCAST COAL SITE, OFF SALFORD ROAD, BOLTON
3 4 Date of Meeting: 30 November 2006 Item Number: 1
Application Reference: 73099/06
Type of Application: Full Planning Application Registration Date: 03/02/2006 Decision Due By: 31/03/2006 Responsible Phil Green Officer:
Location: FORMER INSTITUTE OF ISLAMIC HIGHER EDUCATION, HOSPITAL ROAD, BROMLEY CROSS
Proposal: ERECTION OF 86 DWELLINGS, COMPRISING 16 NO FOUR AND FIVE BEDROOMED DETACHED HOUSES AND 70 NO ONE AND TWO BEDROOMED APARTMENTS TOGETHER WITH ASSOCIATED GARAGES, ACCESS ROADS, FOOTWAYS, PARKING AREAS, ENGINEERING OPERATIONS, RETAINING WALLS AND LANDSCAPING
Ward: Bromley Cross
Applicant: Barratt Manchester Agent :
Officers Report
Background The application has been subject to an advance site visit by Members.
The Council has provided a screening opinion in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulation 1999 and the Council confirmed that in exercise of the powers conferred by regulations 5(1) and 5(4) of the 1999 Regulations, it is considered that the development for which planning permission is to be sought as described above is not EIA development.
Proposal The Applicant originally submitted a Reserved Matters application in January 2006 in accordance with the outline planning permission granted previously, however due to the need to make changes to the layout as a result of more accurate tree surveys, the proposal is now a full application. The proposal has been subject to a number of significant changes at the request of Council Officers.
The application details the creation of a new central point of vehicular access serving a new residential development and now comprises the following:
16 detached dwellings (five separate house types): • 9, two storey, four-bedroomed dwellings; • 4, two-and-a-half storey (accommodation in the roofspace with dormers to the front and velux lights to the rear), five-bedroomed dwellings; • 3, part two/part three storey, four-bedroomed dwellings; • Each property with off-street parking for minimum two vehicles and up to four spaces including double garages
5 70 apartments within 6 buildings: • 38 one-bedroomed apartments; 32 two-bedroomed apartments; • 70 resident parking spaces and 8 visitor parking spaces; • Block 1 and 6 – part two, part three storeys; • Block 2 – three storeys; • Block 3 – three storeys; • Block 4 – two storeys; • Block 5 – part two, part three storeys
Materials: • Red facing bricks; • Marley smooth grey roof tiles; • Artstone heads, cills and quoins; • White render to part of apartment buildings; • Stained softwood windows and doors; • Tarmac roads with block paved parking courts and courtyard to apartments;
Access The Applicant proposes a distinctive character and identity to the development influenced by the significant number of protected trees. The proposed internal roads are not therefore to adoptable standards with regard to their dimensions and provision of footways, although the Applicant has ensured that the development is serviceable by emergency and refuse vehicles, including the provision of timber bin stores and hard surfaced bin collection points for the apartments. The Applicant has sought to provide off-road pedestrian footways where possible and at the request of Council Officers, has agreed to provide a footpath strategy for the site to ensure the safety of pedestrians.
In accordance with the previous outline planning permissions on the site, the Applicant will be required to provide appropriate engineered access to the site including visibility, a footway across the Hospital Road site frontage and closure/making good of existing access points.
Landscaping and Layout The Applicant’s proposed layout has been primarily influenced by protected trees, the majority of which, particularly to the boundaries of the site, are being retained in accordance with detailed Tree Assessment Reports. The majority of protected trees being removed are within the vicinity of Plots 1-3, 11, 14-16 and the southern part of Apartment Building No.1. Some of the trees being removed are not protected.
The Applicant has also agreed to retain the boundary wall and repair it where required, including reusing the stone piers. A hard and soft landscaping scheme including planting plan, will be secured by planning condition. The detached properties will be open plan to the front with 1.8 metres high fencing between.
Levels The proposal seeks to sensitively arrange residential units and roads around protected trees with minimum disturbance to levels where trees are to be retained. A number of retaining walls are required to achieve this ranging in height from 0.45 metres to 3.0
6 metres in height. Those parts of the site around the existing access road and plateau where the former main building was sited remain largely unchanged.
To the south east corner of the site a minor ‘cut’ operation is required to accommodate Plots 13-16. The largest change in levels takes place to the west and northwest corner of the site where existing levels fall from the main plateau, 7 metres initially and then a further 5 metres to a low point on the site adjacent to the Conningsby Close public open space, beyond which the levels rise again to Conningsby Close itself. This area is known to collect water and the Applicant proposes a Land Drainage System, the details of which will be secured by planning condition. The proposed layout includes a ‘fill’ operation here to accommodate Plots 5-9 and the Apartment Building No.6 in the northwest corner. Whilst levels on the boundary will remain unchanged due to the need to retain protected trees, internally levels will be raised by up to 4 metres where the southern part of Apartment Building No.6 is proposed and up to 2.75 metres where Plot 9 is proposed. This will also be the location of a number of retaining walls between 2.7 and 3 metres in height.
The remaining Plots and Apartments will be sited on existing levels.
Wildlife The Applicant has almost completed demolition of the former main building ‘by hand’ in order to minimise any disturbance to bats. Bat surveys in March and November revealed no evidence of roosting bats although it is acknowledged that the site, including Gatehouse building and certain trees, have some roosting and hibernation potential and provide good foraging for Common Pipestrelle. The Applicant acknowledges that the main building must be demolished before bats consider it a viable home, whilst the Gatehouse should remain in situ until after spring when it must be demolished following removal of roof tiles by hand in the presence of a licensed bat worker. The Applicant has also agreed to provide alternative bat roosting as part of construction of the new development and ensure that new planting complies with the recommendations of the reports.
The Applicant has submitted a ground investigation report and Landscape Management Plan.
Site Characteristics Changes in levels on the site are a distinctive part of its character together with the volume of mature trees. The site generally falls 14 metres across the site from the northeast corner adjacent to the Last Drop Village access road to the southwest corner adjacent to the existing main entrance from Hospital Road.
The Bolton (Hospital Road) Tree Preservation Order 1977 (no.69) protects the majority of trees within 4 Areas. The Bolton (Institute of Islamic Higher Education, Hospital Road) Tree Preservation Order 2002 (no.640) protected a further 6 individual trees and a Group of 11 trees.
The site undulates in parts but includes a small network of access routes, footpaths and hardstandings formerly used as ball courts. The boundaries of the site are very well
7 treed whilst the boundary wall is a distinctive random stone feature with terracotta triangular-section coping.
To the west and south, the surrounding area is primarily residential in character with medium to large detached and semi-detached accessed via Hospital Road. To the north and east the land is more rural in character part Green Belt and part Protected Open Land leading to Moorland beyond the Bolton Borough boundary. Immediately adjacent to the northeast corner of the site lies Last Drop Village.
Policy PPS1 Delivering Sustainable Development PPG3 Housing PPS9 Biodiversity and Geological Conservation 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, ER8 Flood Risk, SD9 Regional Transport Strategy, EQ1 Contaminated Land and Appendix 4 Maximum Parking Standards
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, EM1 Environmental Management, EM4 Contaminated Land, EM10 Surface Water Run- off, EM11 Flood Protection, G1, G2 Green Belt, R2 Protected Open Land, N1 Nature Conservation, N5 Landscape Features, N6 Biodiversity, N7 Trees, Woodland and Hedgerows, N9 Species Protection, A1 Accessibility, A4 Developer Contributions, A5 Roads, Paths, Servicing and Parking, A6 Maximum Parking Standards, A7 Minimum Cycle Parking Standards, A8 Major Development, A9 Access for People with Disabilities, A10 Traffic Management, A16 Pedestrians, A17 Cyclists, A19 Road Improvements and A20 Implementation and Conditions.
UDP Land Allocations: 10H ‘Former Blair Hospital’, outstanding capacity 86 (Policy H2). Car, Cycle and Motorcycle Parking Standards Advice Note (UDP Appendix 7)
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, PCPN17 Nature Conservation, PCPN18 Provision for Cyclists, PCPN21 Highway Considerations, PCPN22 Public Art, draft PCPN26 Affordable Housing, PCPN27 Housing and PCPN30 Education.
8 History Outline planning permission for the erection of 1 detached dwelling (all matters reserved) was approved in June 1991 (38407/91).
Outline planning permission for the erection of 4 detached dwelling (all matters reserved) was approved in June 1991 (38408/91).
Outline planning permission for the erection of 1 detached dwelling (all matters reserved) was approved in June 1991 (38409/91).
Planning permission for change of use from hospital to 9 residential units was approved in December 1991 (38410/91).
Permission to fell two lime trees was refused in October 1999 (55090/00).
Permission to prune 18 trees was refused in October 1999 (55561/99).
Planning permission for the siting of 2 portable buildings for classroom use (temporary – expiring June 2005) and laying out of a recreational area and provision of an additional 5 car park spaces was approved in June 2000 (56132/99).
Outline planning permission for demolition of buildings and erection of 70 apartments and 16 dwellings with associated car parking, closure of existing vehicular accesses and creation of new vehicular access (siting and means of access details only) was approved in January 2001 (57413/00).
Temporary planning permission for the retention of 4 mobile classroom units was approved in November 2003 (expiring June 2005) (65836/03).
Temporary planning permission to site one mobile classroom unit was approved in January 2004 (expiring in January 2005) (66254/03).
Outline planning permission (renewal of 57413/00) for demolition of buildings and erection of 70 apartments & 16 detached dwellings (siting and means of access details only) was approved in May 2004 (67167/04).
Permission to prune three Sorbus, two Chestnut, fifteen Lime, ten Ash, five Maple, six Sycamore and two Holly was approved in July 2004 (68094/04).
Permission to fell 3 Sorbus, 1 Willow and 1 Ash tree was approved; and permission to fell 1 Lime, 1 Horse Chestnut, 1 Holly and 1 Sorbus tree was refused in July 2004 (68095/04).
Technical Consultations Bolton Council - Highway Engineers:- raise no objection in principle. As a result of the magnitude of the development, the lack of footways could present a highway safety issue within the site with regard to conflict between vehicles and pedestrians and a condition to secure a footpath strategy to provide off-road pedestrian refuge and
9 footways where possible is required to compensate for the road dimensions being to non-adoptable standard.
Conditions are also required to secure appropriate access, visibility, surfacing, closure/making good of existing accesses and a footway along the site frontage to Hospital Road.
Bolton Council - Environmental Health Officers:- raise no objection. The submitted ground report is acceptable and further investigation is required with regard to any possible contamination and this can be secured by condition.
Bolton Council - Tree and Woodland Officers:- raise no objections. The original proposal for adoptable standard road and footway widths had a significant impact on protected trees. Following numerous revisions, the layout has improved with regard to relationships with trees and whilst conflict does still exist, this could not be improved without major redesign and overall a reasonable balance has been achieved. Conditions are required to secure further protection of trees. The tree removal proposals are acceptable in broad terms however due to the number of trees on site a condition is required whereby those trees for removal are marked and agreed with the Local Planning Authority in advance, in particular within the cartilage to Plot 1.
Bolton Council - Landscape Architects:- raise no objection in principle. The development qualifies for a commuted sum of £87,032 towards children’s play and open space. A management plan is required for ancillary space within the development. Drainage details should be secured to reduce risk of flooding to the west of the site. The existing boundary wall should be retained including re-use of 4 stone pillars. Off- site planting should be considered. A landscape scheme is required by condition.
Bolton Council - Conservation and Urban Design Officers:- raise no objections having secured significant improvements to the architecture, massing, design, appearance, materials and layout of the development proposed.
Bolton Council - Strategic Housing Officers:- request the provision of affordable housing as the proposal exceeds the 25 unit threshold.
Greater Manchester Police - Crime Prevention Officers:- raise no objections in principle though expressed concerns with regard to lack of defensible space to the apartments within the original submission.
Greater Manchester Ecology Unit:- raise no objections subject to conditions to secure appropriate tree protection to those trees identified as having roosting potential, details of new planting and compensatory roost provision. The Applicant is advised to demolish the main building as soon as possible and retain the Gatehouse until such time as it is agreed that there will be no impact on protected species as detailed in the bat survey reports.
The Environment Agency:- raise no objections subject to the rate of surface water run-off to Eagley Brook not being increased as a result of the development. A planning
10 condition is therefore required to ensure a suitable control structure in the drainage system limiting the rate of run-off to 9 litres/second/hectare should discharge to a watercourse in the catchment area be proposed. The Applicant should also be advised with regard to Japanese Knotweed, woodland habitat and bird nesting.
United Utilities:- raise no objections noting the proximity of a public sewer to the southwest corner of the site. The site is to be drained on a separate system with only foul drainage connected to foul sewer.
Representations Letters:- following the initial consultation in January 2006, 9 letters and 13 comments sheets were received from the following local residents raising objections to the proposals on the grounds listed. Details of any representations as a result of the recent re-consultation with residents will be reported at the meeting:
16, 18, 20, 32, 34, 38 and 130 Hospital Road; 22 and 24 Conningsby Close; 4, 51, 54 and 68 Horseshoe Lane; 53 and 61 Saxby Avenue; and 11, 13, 15, 30 and 74 Chetwyn Avenue
• Too many units • Too high and out of character with the area • Impact on outlook, light and privacy due to height and proximity • Impact on trees • Impact on wildlife • Increased traffic and impact on highway safety • Need for traffic calming on Hospital Road • Impact as a result of duration and hours of construction • Impact of Japanese Knotweed • General noise disturbance • Impact on infrastructure, including health and education • Flooding • Loss of panoramic views • Impact on the ozone layer • The spread of vermin • Increased burglaries • Depression • Decreased property values • Standards of the area dropping
Bolton and District Civic Trust state that retention of the former Blair Hospital would have been preferred and express concern with regard to the visual impact of four storey apartments and traffic impact. The proposed detached dwellings and retention of most of the trees is welcomed.
Elected Members:- Councillor N. Critchley requested Members visit the site in advance of determination of the application.
11 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 housing supply * impact on trees * impact on the character and appearance of the area * impact on the highway * impact on the outlook, privacy and living conditions of neighbouring residents * impact on wildlife
Impact on Housing Supply The application must be considered against the fall back position and the policy background. The site has outline planning permission for the erection of 86 residential units including the approval of siting and means of access details.
Core development principles within NWRSS state that new development should be located to make the most effective use of land. The UDP is required to adopt a sequential approach to meeting development needs and Policy H3 sets out the Council’s criteria for the location of housing development on previously developed, accessible sites within the urban area, where they provide a wider choice of housing types and the existing infrastructure can absorb the development. This Policy context reflects that contained within PPG3 which stresses the priority of previously developed sites and is therefore broadly supportive of such residential development as proposed by this application. It is on this basis that the site is also allocated for housing in the UDP under reference H10 which reflects the 86 capacity in the outline planning permission.
The proposal envisages the redevelopment of the site for 86 residential units and is therefore in principle is entirely in accordance with national, regional and local planning policy and the outline planning permission.
All the land within the curtilage of the site is defined as previously developed and the development of this windfall site is important in making a contribution to the Council’s housing supply commitments. It is considered that local infrastructure is capable of absorbing the proposed development and the associated traffic flows.
12 The proposal equates to a density of 43 dwellings per hectare (dph) which is reflective of the more efficient use of land associated with apartments (the density of the dwellings equates to approximately 16 dph). The proposed location is sufficiently sustainable to support such a density in principle and it is not so high to justify concerns regarding overdevelopment in principle. Nevertheless, whilst higher densities are important objectives of PPG3, they are intended to be achieved without compromising environmental standards, such as townscape and landscape of the wider locality which are addressed below.
The development provides an appropriate range of accommodation including smaller one-bedroomed apartments and larger five-bedroomed detached properties.
The site, whilst detached from Darwen Road, is within walking distance of that bus route and in close proximity to Bromley Cross Railway Station. The Applicant has agreed to provide a footpath along the site frontage in place of the grass verge to further improve pedestrian accessibility to and from the site, together with the provision of cycle storage facilities.
Whilst the parking provision is high, equating to more than two spaces per dwelling and exceeding the requirements of PPG3 and the Council’s maximum standards of 1.5 spaces per dwelling, this is not considered to cause harm to the local infrastructure. The site is sustainable and on balance the provision of extra spaces is unlikely to result in a reduction in public transport use. The apartments provide 1.1 spaces per unit which is acceptable. Disabled parking spaces will be secured by planning condition.
The proposal exceeds the 25 unit threshold where affordable housing, health, open space, children's play space, public art and education contributions would normally be required. In this instance the outline planning permissions made no such requirements and the proposed scheme was originally submitted as a reserved matters application, prior to being changed to a full application to secure improvements to design, layout and impact on trees. The scheme now proposed is significantly better than that approved at outline stage and these circumstances are considered to be an overriding material consideration warranting relaxation of such requirements.
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 Trees UDP Policy D3 seeks appropriate landscaping within new developments. Policies N5, N7, N8 and PCPN7 seek to ensure that important trees, woodlands, hedgerows and landscape features are protected to improve the setting of new developments.
The Applicant has made numerous revisions to accommodate concerns expressed by Council Tree and Woodland Officers who now agree that an acceptable balance has been achieved. Conditions are required to ensure the trees to be retained are marked out and adequately protected during construction and a particularly sensitive approach to levels changes will be required. Draft service routes have already been agreed and
13 will be finalised by condition, as will a Landscape Management Plan and Landscape Scheme.
The proposal is considered to comply with the relevant policies with regard to trees and mindscape features of importance.
Impact on the Character and Appearance of the Area, including the Open Countryside PPS1 and PPG3 place design as a key material consideration in development proposals and UDP Policies D1 and D2 together with PCPN27 set out the Council's approach to good urban design. Policy D3 acknowledges landscaping to be important. Policy H5 is reflective of PPG3 requiring housing to be laid out at higher densities, no lower that 30 dwellings per hectare. PPG2 and UDP Policies R2, G1 and G2 seek to safeguard the openness of land.
The Applicant has taken the advice of Council Urban Design Officers and rejected the original proposals in favour of a distinctive design for the site and its context. The proposed apartment buildings in particular utilise appropriate massing and rhythm to create a sense of place around an internal courtyard. The scale, whilst reflective of the scale and siting of the former building has been reduced to no more than 3 storeys with parts of Buildings 1, 4, 5 and 6 reduced to two-storeys in height. The rooflines undulate at the request of Council Urban Design Officers to break up their scale and range in height between 11.5 and 12.5 metres at the highest point, comparing favourably with the 12 metres restriction placed on the outline planning permission.
The buildings are set in landscaped gardens with sufficient breathing space to the protected trees and the wider urban form so as not to detract from the character of the area. The scale of Building 6 is addressed in more detail below with regard to the relationship with properties on Conningsby Close.
The finer architectural detailing is much improved with the use of appropriate materials, timber windows and the removal of balconies. The eaves are broken by timber detailing and brick chimneys improve their visual appearance against the skyline.
These amendments have been reflected in the design of the detached properties with materials and detailing to match. The scale and massing of the detached properties more closely reflects the character of the surrounding properties. Three 'Lincoln' dwellings are split-level on Plots 5-7 to accommodate changes in level between the front and rear with steps down either side.
The site is relatively detached from the streetscene and public views due to the mature protected trees. Levels, which rise significantly to the rear of the site, together with trees along the northern boundary, ensure the development will have no detrimental on the open fields to the north and the proposal is considered to be well absorbed into the character and appearance of the area.
Council Urban Design and Conservation Officers raise no objections to the proposal subject to the use of conditions to secure appropriate materials, boundary treatment and planting within the site to further enhance the setting of the development within the
14 character of the area and the proposal is considered to comply with the relevant policies and guidance on design, landscaping and local distinctiveness thus safeguarding the character and appearance of the area and the openness of the Green Belt.
Impact on the Highway 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 principle of 86 residential units accessing the site has been subject of detailed analysis as part of the outline planning permissions and Council Highway Engineers consider that vehicle movements as a result of the development will absorbed without a detrimental impact on traffic flows, highway infrastructure or highway safety.
The layout has been subject to much negotiation with regard to the layout of internal roads which are not to adoptable standard with regard to their width and provision of footways. Whilst initially requesting 5.5 metres wide roads with 2.0metres footways either side, having reviewed the matter in light of the impact on trees and the outline planning permission, on balance, highway engineers raise no objections to the proposed layout subject to a condition to secure an improved footpath strategy within the site which will be designed following detailed analysis of levels in close proximity of trees pursuant to a further condition. This will seek to provide additional footways and off- road refuge for pedestrians in case of conflict with passing vehicles.
The roads are capable of accommodating normal manoeuvring by vehicles including refuse wagons and emergency vehicles and it is not considered that reductions in width will contribute a highway danger. In places where pinch-points are proposed, this will improve highway safety by reducing vehicle speeds.
Conditions will secure an appropriate access to the site, parking and works to improve the highway, together with cycle storage and the proposal is considered to comply with the relevant policies with regard to the road network, accessibility and highway safety.
Impact on the Outlook, Privacy and Living Conditions of Neighbouring Residents UDP Policy D2 and PCPN2 seek to ensure developments safeguard the living conditions, outlook and privacy of existing residents in close proximity.
These policies are primarily achieved by the use of minimum interface distances between windows to main habitable rooms. PCPN2 recommends 21 metres between two-storey properties containing such windows and where additional storeys, or an increase in levels equivalent to an additional storey, are proposed, then 3 metres should be added in each case.
15
The internal layout where new properties face each other complies with the relevant policy and distances of between 28 and 43 metres are achieved between the two-storey detached properties and those existing on Saxby Avenue and Hospital Road, far exceeding the requirements of PCPN2, even allowing for levels differences. Plot 5 has a three-storey rear elevation due to levels changes but is located some 31 metres from 47 Saxby Avenue, also exceeding the requirements of PCPN2 even allowing for any levels differences.
The area where further detailed consideration is required relates to Apartment Building No.6 in the northwest corner of the site. This part of the site was originally identified for car parking on the outline planning applications, whereas the Applicant proposes a part two, part three-storey building in an L-shape orientated so that it is off-set from 18-24 Conningsby Close by approximately 30 degrees. This siting and orientation is primarily dictated by the proximity of protected trees and the need to ensure sufficient space and light is achieved.
To accommodate a building of this scale, a level site is required and at present that part of the site lies on a slope with level changes of approximately 6.5 metres. The upper (north-eastern) level is approximately 182 metres AOD whereas the proposed finished level (FFL) of the apartment building is 179.6 AOD, requiring a ‘cut’ operation and a 1.5 metres high retaining wall around the three-storey, northern elevation. The lower part to be occupied by the two-storey element currently sits as low as 175.5 metres and will be filled to achieve the required FFL. A 3.0 metres high retaining wall is required between the southern elevation and the garden to Plot 8.
Members have visited the site and site observations reveal the existing properties on Conningsby Close to be lower than the site by the approximate equivalent of one-storey in the higher part of this area. Therefore an additional 3 metres interface distance is required to comply with PCPN2. 22, 24 and to a lesser extent 20 Conningsby Close are directly affected by the siting of this building and therefore a 24 metres interface is required. However as that part of the building affecting the direct outlook of No.24 is three-storeys and an interface of 27 metres is therefore required.
Property PCPN2 requirement Interface Proposed No.20 16.5 metres 28 metres No.22 24 metres 25 metres No.24 27 metres 27.5 metres
The Applicant has been asked to provide visual evidence of this interface and details will be reported at the meeting. Nevertheless, the proposal achieves these distances detailed in the table above and together with the partial reduction in levels and retention of the boundary wall, fencing and mature trees, is considered to safeguard the outlook, privacy and living conditions on the properties on Conningsby Close and the surrounding area.
16 Impact on Wildlife PPS9 and UDP Policy N9 seek to ensure that new development does not have a detrimental impact on protected species, including their habitat. The site has some potential for bat roosting and habitat.
This application does not seek permission for demolition which does not require permission in this case. Therefore the Council cannot control the method of demolition with regard to protected species, which is instead covered by other legislation. In any case, the Applicant states they have demolished those parts of the building where bats may be affected, namely the roof, by hand. Also, in accordance with recommendations of the latest reports and advice of the Greater Manchester Ecology Unit, are intending only demolishing the Gatehouse in Spring 2007, in order to safeguard any remaining roosting potential.
The Applicant has adopted a precautionary principle and fully embraced the recommendations with regard to provision of compensatory bat roosting opportunities in the new development, despite the lack of evidence of bats, and conditions will be imposed to this effect. Three trees identified as having medium to high existing potential for bat roosting are being retained, whilst two others will be removed in the presence of a licensed bat worker.
The Greater Manchester Ecology Unit raise no objection subject to the conditions and the proposal is considered to be in the public interest, with no reasonable alternative and safeguards the conservation status of protected bat species, therefore satisfying tests of acknowledged importance.
The proposal is therefore considered to comply with the relevant national guidance and UDP Policy N9.
Other Matters Objections from local residents have been received with regard to the effects of the development on the community and environment, including traffic pollution, drainage and infrastructure. As outlined above, it is considered that local infrastructure is capable of absorbing the development. The traffic flows will not be so great as to create a material impact on existing traffic noise or pollution and no evidence from the relevant agencies has indicated any specific threat by reason of flooding or drainage. Conditions are included as requested by the Environment Agency and to secure details suggested by the Applicant, particularly with regard to the mid-western boundary of the site. The Environment Agency has also advised the Applicant with regard to Japanese Knotweed.
A condition will secure further site investigations into the likelihood of any contamination at the request of Council Environmental Health Officers. Should remediation be required, the development is likely to take approximately 2 years to complete and in response to concerns of residents, the Applicant is willing to accept a condition restricting hours of construction to 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturdays with no working Sundays or Bank Holidays.
17 Objections raised on grounds of house prices, loss of panoramic views, impact on the ozone layer, the spread of vermin, a potential increase in burglaries, depression and a reduction in standards of the area are not material considerations, though clearly the provision of apartments will make a positive contribution to the policy of making effective use of land, providing for small households and contributing to diverse house types.
Whilst other nearby development is capable of being a material consideration, planning applications are always judged on the individual merits of the particular case and it is not considered that the proposal will set a particular negative precedent which if other developments were to follow, would have a harmful impact.
Value Added to and by the Development The UDP policies and input from Council Officers, particularly with regard to urban design and protection of trees has resulted in the negotiation of a development which is now considered to comply with all the relevant policies and will make a significant positive contribution to the area and Bolton as a whole.
Conclusion The development is an appropriate use of land which will not impact on or cause harm to other matters of importance including housing supply, the character and appearance of the area, living conditions of nearby residents, trees, wildlife or highway safety. The development is an efficient use of land, making a positive contribution to the Council’s housing supply and mix of housing types and 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. Notwithstanding the submitted details, 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.
3. The dormer front(s) and cheeks to the Marlowe House Type shall be clad in tiles to match those of the existing roof.
Reason
To ensure the development fits in visually with the existing building and safeguards the character
18 and visual appearance of the locality.
4. No development shall commence unless or until samples of the quoins, cills and heads which shall be in natural reclaimed stone, have been submitted to and approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved stone materials.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
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 side elevations of the detached dwellings on Plots 1-16 (inclusive) 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 (including garage doors) and windows, including their size, design and colour which shall be constructed and retained in painted timber, 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.
7. 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.
8. The brick chimneys, timber turrets and timber pike features to the apartment buildings hereby approved/permitted shall be installed prior to first occupation of the apartments to which they relate and shall be retained thereafter.
Reason The approved brick chimneys and timber detailing are an important and necessary part of the architecture.
9. No development shall take place unless and until a detailed scheme for the retention of the boundary wall to the whole of the site, including making good the existing entrances, salvage and re-use of existing stone piers and repair/maiking good boundary wall where damaged has been submitted to and approved by the Local Planning Authority. The detailed scheme shall specify the works to be carried out to make the wall good. Such works that form the approved scheme shall be completed before the development is first brought into use and retained thereafter.
Reason
To safeguard and enhance the visual appearance of the area.
19 10. Notwithstanding the provisions of Class A to Schedule 2 Part 2 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no fences, gates, or walls shall be erected within the curtilage of any of the approved dwellings on Plots 1-16 (inclusive) in front of the forwardmost part of any wall of the dwelling which fronts onto a highway, other than those expressly authorised by this permission.
Reason
The development has been designed on an 'open plan' basis and fences and walls in these positions would spoil the appearance of the site.
11. The development hereby approved shall not be commenced unless and until a scheme for fencing/walling/railings on the site to the front, side and rear of the apartments 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 any of the apartments to which it relates have been occupied, and retained thereafter.
Reason
To ensure adequate standards of security are obtained and to safeguard the visual appearance of the area.
12. No development shall be commenced until samples of the block paving/stone setts to be used for the apartment courtyard and parking areas have been submitted to and approved in writing by the Local Planning Authority and such materials as approved shall be implemented prior to first occupation of the apartments to which they relate.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
13. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Hospital 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 measuring 4.5 metres by 90 metres is provided at the junction of the main entrance to the site and Hospital Road, 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.
15. 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.
16. Notwithstanding the submitted plans, no dwelling or apartment shall be occupied until the access road(s), footway(s) and footpath(s) leading thereto have been constructed in accordance with full
20 details, including cross sections at 10 metres intervals throughout the site, dimensions, method of construction and surfacing which will have been submitted to and approved in writing by the Local Planning Authority prior to commencement of development.
Reason
The proposed internal roadways and footways lie in close proximity to protected trees and a detailed assessment of the impact at every 10 metres is required to ensure the works do not impact on trees to be retained.
17. No later than the completion of the 70th apartment and prior to occupation of any apartment to which they relate not less than 78 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.
18. No development shall commence unless or until a footpath strategy and pedestrian safety scheme including additional footpaths adjacent to the internal road ways and off-road pedestrian refuges, has been submitted to and approved in writing by the Local Planning Authority and such a scheme as approved shall be implemented in full prior to first occupation of any dwelling or apartment to which it relates.
Reason
As the internal roads and footways are not to adoptable standards, in the interests of highway safety, additional pedestrian footpaths, footways and refuges are required.
19. The garages 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 due to the lack of pedestrian footways.
20. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular accesses onto Hospital Road have 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 Hospital Road, other than as shown on the approved plan.
Reason
In the interests of highway safety.
21. No development shall be commenced unless and until full details of the highway works at Hospital Road comprising a footway along the site frontage to Hospital Road in place of the grass verge 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.
22. Before development of the apartments commences details of the provision to be made for secure,
21 covered cycle and motorcycle parking within the site for apartment residents and visitors shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the apartments to which they relate are first brought into use and retained thereafter.
Reason
To encourage cycle and motorcycle use and provide adequate facilities for users.
23. No development or felling of protected trees shall be started until all those trees within or overhanging the site have been marked for retention or removal and inspected on site by the Local Planning Authority. The approved marking shall remain until all development is completed.
Reason
To clarify those trees approved for removal and in order to avoid damage to tree(s) within the site which are of important amenity value to the area and are to be retained.
24. 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.
25. 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.
26. 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 and marking referred to in Conditions 23 and 24 above have been implemented.
Reason
In order that the Local Planning Authority can inspect the protective fencing with a view to to avoiding damage to trees within the site which are of important amenity value to the area.
27. No development shall be commenced unless and until a revised scheme detailing the relocation of binstore BS10 has been submitted to and approved by the Local Planning Authority and such works that form the approved scheme shall be completed in full and retained thereafter.
Reason
To ensure the development safeguards protected trees of amenity value.
28. No development shall be commenced until full details of existing and proposed ground levels within the site by means of contour maps at 0.5 metre intervals where the development affects or relates to those trees to be retained, have been submitted to and approved by the Local Planning Authority. The development shall then be implemented in accordance with the approved level details.
22 Reason
To ensure the development safeguards the protected trees of amenity value.
29. No development shall be started unless or until a method statement for the construction of the development, including roads, footways and buildings, affecting all those trees within or overhanging the site which are to be retained, especially in the vicinity of Plot 13, parking spaces 74-79 and bin stores, has been submitted to and approved in writing by the Local Planning Authority and the development shall then be implemented and constructed in accordance with the approved method statement.
Reason
In order to avoid damage to tree(s) within the site which are of important amenity value to the area.
30. No development shall be commenced until full details of the height, design, siting, method statement, sections, type and colour of facing materials to be used for the retaining walls have been submitted to and approved in writing by the Local Planning Authority.
Reason
To ensure the development safeguards the character and visual appearance of the locality and to avoid damage to trees of amenity value.
31. 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.
32. Hard landscaping shall be implemented on the site, including bin collection areas 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 prior to first occupation of any of the buildings to which they relate.
Reason
To enhance and improve the setting of the development within the landscape of the surrounding locality.
33. Based on the results of the approved desktop study where contamination is suspected the developer shall submit a sampling and analytical strategy for approval by the Local Planning Authority prior to the commencement of any on-site investigation. A site investigation should be carried out in accordance with the approved sampling and analytical strategy to assess the extent of any likely contamination of the site. The methodology should be designed utilising the British Standard BS10175: 2001.
The site investigation shall address: -
1) the nature, degree and distribution of contamination and underground gases on the site
2) its implications on:-
23
(i) the Health and Safety of site workers and nearby persons
(ii) building structures and services
(iii) landscaping schemes
(iv) final end users of the site
(v) the environmental pollution of ground water
Should the desktop study indicate no issues, but during development contamination is found, the developer shall contact the Local Planning Authority promptly, and submit details of a site investigation and remedial measures for the approval of the Local Planning Authority.
On completion of a site investigation a report shall be submitted to the Local Planning Authority for approval. Within the site investigation report it must identify any remedial measures required to deal with any hazards identified. This should be carried out using the most appropriate risk assessment methodology for the purpose (e.g. CLEA or the SNIFFER method etc) and any remedial measures required shall be implemented by the developer prior to the occupation of the site.
A validation report is required prior to the discharge of this condition confirming that all remedial action required to make the site safe for use has been completed.
It is recommended that a copy of the validation certificate showing safe for end use also be supplied to the purchasers of the properties to assist in conveyancing in later years.
Reason
To ensure the safe development of the site and eliminate risk to people and buildings due to contaminated land.
34. 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.
35. 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 unless otherwise agreed in writing with the Local Planning Authority, 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.
36. No construction operations shall be carried out on the site except between the hours of 08:00 and
24 18:00 Monday to Friday and between the hours of 08:00 and 13:00 on 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.
37. Trees 2150 and 2158 indicated for removal on the approved plans shall only be felled in the presence of a licensed bat worker.
Reason
In order to safeguard the conservation status of protected species.
38. Notwithstanding that trees 2109, 2124 and 2258 are indicated for retention on the approved plans, no works to those trees including pruning shall take place except in the presence of a licensed bat worker.
Reason
In order to safeguard the conservation status of protected species.
39. No development shall commence unless or until full details of bat roost provision including phasing, design, number and siting and comprising bat bricks, gaps at ridge tiles and under barge boards have been submitted to and approved in writing by the Local Planning Authority and such roosts as approved shall be implemented in the presence of a licensed bat worker prior to first occupation of the units to which they relate and retained thereafter.
Reason To safeguard the conservation status of protected species.
40. Unless otherwise agreed in writing with the Local Planning Authority, trees and shrubs planted pursuant to Condition 21 above shall be native to the locality.
Reason
To safeguard the conservation status of protected species.
41. No development approved by this permission shall be commenced until a scheme for the provision and implementation, of a surface water regulation system has been approved by the Local Planning Authority. The rate of run-off shall be limited to 9 litres/second/hectare. The scheme shall be completed in accordance with the approved plans and the system retained thereafter.
Reason
To reduce the increased risk of flooding.
42. No development approved by this permission shall be commenced until a scheme for the provision and implementation, of Land Drainage Systems as indicated on the approved plans has been approved by the Local Planning Authority. The approved system shall be completed in accordance with the approved plans and the system retained thereafter.
Reason
To reduce the increased risk of flooding.
25 26
43. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.
Reason
The garden areas are restricted in size and to avoid damage to trees of high amenity value
44. Prior to first occupation of any residential unit hereby approved/permitted, a Landscape Management Plan detailing the proposed maintenance of those landscaped parts of the site not within private garden curtilage, shall be submitted to and approved in writing by the Local Planning Authority and such a Plan as approved shall be implemented in full in accordance with the details of the plan.
Reason
To enhance and improve the setting of the development within the landscape of the surrounding locality.
27 28 29 30 31 32 33 34 35 36 37 38
Date of Meeting: 30 November 2006 Item Number: 2
Application Reference: 74724/06
Type of Application: Full Planning Application Registration Date: 30/06/2006 Decision Due By: 29/09/2006 Responsible Martin Mansell Officer:
Location: BOLTON COUNCIL STORAGE DEPOT, GLADSTONE ROAD, FARNWORTH
Proposal: ERECTION OF A THREE STOREY BUILDING TO FORM 22 NO. SELF CONTAINED FLATS WITH A CRECHE AND COMMUNAL MANAGEMENT SUITE
Ward: Farnworth
Applicant: Irwell Valley Housing Association Agent : Triangle Architects Ltd
Officers Report
Background Members deferred the application at the last meeting, requiring further information. Suggestions were also made regarding amendments to the scheme. New information and amendments are listed below:-
• The applicant has agreed in principle to the use of the brick on the the front elevation. It is anticipated that two different types of brick would be used for the eastern and western elements, to break up the building and reduce its visual impact. Amended elevations will be available to Members at the meeting, together with a plan showing the relationship between landscaped and hard-surfaced areas within the site.
• The issue of the impact on the western elevation of 1 Gladstone Road has been raised. There’s no doubt that the window on the west elevation is the main window to a room – the question is whether or not the room is a principal room. Officer takes the view that that the room is not a principal room. The main lounge to the property has its main window on the front (north) elevation, completely unaffected by the development. The property is a two-storey detached dwelling, of traditional design. It has its main aspects looking north and south. The window is 13m from the side elevation of the proposed building at its closest point. This element has two proposed windows in it for each floor – the sole kitchen window (15m away) and a secondary window to the living room (14m) away. These do not represent principal windows – the new building has its main aspects facing north and south. The proposed windows are also at an oblique angle from the existing window, due to the orientation of the buildings. Direct overlooking is therefore not an issue, but some assessment of the impact of the mass is material. If the window in the existing dwelling was to be taken as a principal window, PCPN2 would set the principal to non-principal standard of 13.5m for two storey, and 16.5m for three-storey. This is for standard housing layouts, and it could be argued that it takes into account the impact of a traditional roof, which the proposal lacks, in order to minimize the impact 39 on the existing dwelling and the streetscene. So even if the window was principal, and it is not accepted that it is, the degree of non-compliance with PCPN2 would not be that great. The impact on the living conditions of the residents of the property is a matter of planning judgement. Taken as a whole, and as the northern, eastern and southern elevations are not affected by the proposal; Officer's view is that the impact on living conditions is not of such a degree that the scheme should be refused.
• Further comments from the Council's Landscape Architects have been sought, regarding the use of the Paisley Park S106 monies for children's play facilities have been sought, and will be reported at the meeting.
Members are advised that Officers recommend approval of the proposal. The additional information and amendments are considered to add value to the scheme.
Proposal The Applicant proposes the erection of a 3 storey building comprising 22 dwellings.
This scheme is for temporary accommodation for women and their children who have been the victims of abuse and will be managed by Fortalice who will lease the building from Irwell Valley Housing Association. The building will accommodate 22 families and a crèche will be provided for use by young children within these families, which will meet OFSTED standards and be managed by members of Fortalice staff.
The building is of a modern design although the most prominent elevations will be faced in brick. Two inwardly sloping monopitched roofs top the eastern elements, with a more typical monopitched roof over the forward-sited western element.
Seven off-road car parking spaces will be provided within the site, which will include a disabled parking space and space for one minibus. Vehicular and pedestrian access would directly from Gladstone Road.
A low wall with railings above to a height of 1.8m would be provided to the front elevation. The existing galvanised palisade fencing surrounding the rear of the site will be removed and replaced with 2.1m Paladin weldmesh fencing, with screen planting to ensure privacy.
To the rear would be a shared grassed area, together with a secure play area, a clothes drying area and a covered bike store.
The scheme allows for the retention of a small portion of the depot by Bolton Council, to allow for the servicing of Farnworth Park.
Irwell Valley have provided a letter describing how, as a Bolton Community Homes partner, they spend 1% of the total costs of any development on Housing Percent for Art. In this instance, the contribution would be £30,000 and would be used to develop and incorporate art features in the property and grounds of the scheme.
40 Site Characteristics The site is currently owned and occupied by Bolton Council and is used as a depot and storage space for building and landscape materials.
The site is generally level, fronts directly on to Gladstone Road and measures 2.84 hectares. The site has a high boundary treatment with a stone wall to the front measuring between 2.1 and 3 metres in height, 2.1m palisade fencing to the park at the rear and a brick wall to the east.
To the rear is Farnworth Park, a Grade II Listed Park. To the east is a detached house, No.1 Gladstone Road and to the west is a women’s fitness club, together with the residential development known as Paisley Park. The northern side of Gladstone Road contains two large commercial “shed” buildings, in use for ceramic tile retailing.
Gladstone Road is a busy classified road linking Albert Road and Bolton Road. There is a bus shelter outside the proposed site, with services to Bolton, Farnworth and Manchester available nearby.
Policy PPS1 Delivering Sustainable Development PPG3 Housing
UDP Policies D2 Design, A5 Roads, Paths, Servicing and Car Parking, H3 Housing
PCPN2 Space Around Dwellings., PCPN27 Housing
History None relevant to the determination of this application.
Technical Consultations Bolton Council - Highway Engineers:- the existing access onto Gladstone Road much be closed and the footway made good. A drop kerb must be installed to facilitate access to the bin store. It is recommended that the Council’s parking standards be met in full.
Greater Manchester Police - Crime Prevention Officers:- raise concerns regarding the “neighbourliness” of the building and consider a two storey building to be more appropriate to avoid conflict. Further suggestions for security are made that will be communicated to the Applicant via an informative note.
A letter has been provided from Detective Inspector Sara Wallwork of Greater Manchester Police. The Officer is the Bolton Police lead for Domestic Abuse and is fully supportive of the proposal. Her staff have worked closely with the existing facility in Bolton and consider it to be a valuable resource. They have reported no negative experiences which would give rise to concerns about crime.
41 Greater Manchester Passenger Transport Executive – do not consider that the proposal will interfere with the location or operation of the existing bus stop.
Representations Letters:- a letter of objection has been received from the resident of 1 Gladstone Road, directly adjacent to the site to the east. The grounds of objection include:-
• Impact on living conditions enjoyed at the ground floor room used by disabled mother. Impact on other side windows serving a bedroom and bathrooms • Overall height of building is excessive • Too close to boundary wall • Concerns are raised regarding the future occupiers of the building. The park has a history of anti-social behaviour and the proposal is considered likely to exacerbate this problem
In addition, a further 40 letters of objection have been received from residents of Bolton Road, Paisley Park and the surrounding area. The grounds of objection include:-
• Overdevelopment – the area has been subject to other housing developments • The land is part of Farnworth Park and should be used by the existing community • The development could attract the people responsible for the acts of violence that the residents are fleeing from • Could attract people with drug problems • No additional benefit to local community • Anti-social behaviour from youths • Maintenance of Farnworth Park • Insufficient parking provision • lack of confidence in the ability of Irwell Valley Housing Association to manage the facility • improvements to Farnworth Park should be made instead
Petitions:- a petition with 143 pro-forma letters has been received. The grounds of objection are :-
• Proposed building is out of character with the area • The potential for nuisance and anti-social behaviour with deteriorate the living conditions of local residents
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.
42
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 the development * impact on the character and appearance of the area * impact on the living conditions of nearby residents * impact on the road network
The Principle of the Development National policy on residential development is contained in PPG3 Housing. 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. UDP Policy H2, SDVUDP Policy H3 and PCPN 27 Housing are reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPG3.
PPG3 Housing also states that the Government does not accept that different types of housing and tenures make bad neighbours and that housing should not reinforce social distinctions.
The site represents previously developed land within the urban area. Whilst it shares a boundary with Farnworth Park, it is clearly separated by a 2m high fence and distinguished in terms of appearance. It is accessible by public transport, cycling and walking and is well located in relation to places of work and services. The development would help to provide a wider choice and better mix of housing types, sizes and tenures.
The proposal is considered to be in full compliance with the requirements of UDP Policy H3 and concerns regarding the behaviour of future occupants or their relatives are not considered to be of such material planning weight that the application should not be approved.
The development is considered to be acceptable in principle.
Impact on the Character and Appearance of the Area. UDP Policy D2 requires new development to be compatible with its surroundings. PCPN27 Housing provides guidance on how this can be achieved.
Gladstone Road lacks a coherent street scene, containing both individual detached dwellings, commercial properties, large retail units and three-storey apartments accommodation. It is also a reasonably wide classified road. It is considered that the street scene has the capacity to accommodate a building of the size proposed without harm, particularly as the immediate area lacks a distinctive character.
43
The property is of a modern design, but is not considered to be a strident feature in the street, given the modern residential properties that have been accommodated at Paisley Park.
In pre-application discussions, the footprint of the building has been moved towards the front of the site. This is to provide an active frontage to Gladstone Road, in accordance with the principles of good urban design, and to reduce the impact on views from the park.
It is considered that the scheme will have an acceptable impact on the character and appearance of the area, and will not harm the character of Farnworth Park.
Impact on the Living Conditions of Nearby Residents UDP Policy D2 requires new development to be compatible with its surroundings. PCPN2 provides guidance on interfaces between dwellings.
There are no residential properties directly adjacent to the site on the northern, western or southern boundaries.
One residential property, 1 Gladstone Road, shares a boundary with the site on its eastern flank. The house is a large detached property, of a traditional design with its principal windows facing north and south. As the site is to the west of the property, these elevations will not be affected.
The windows in the western elevation of the house are listed by the objector as being:-
A bedroom, two bathrooms, a secondary window to the main lounge and a room used by the occupant’s disabled mother.
This latter room use was not evident at the time of the site visit. In any case, the windows on the side elevation are not considered to be the principal windows to the dwelling and are thus not afforded explicit protection by PCPN2. Furthermore, the development has been designed in such a way as to avoid having principal windows in the side elevation. Taken as a whole, due to the fact that the main north and south elevations of the dwelling will not be affected, the impact on the living conditions enjoyed at the property is considered to be acceptable.
Issues raised by other objectors relating to the future occupants of the building are not considered to be sustainable, given the emphasis PPG3 gives to creating mixed communities.
The impact on the living conditions of nearby residents is considered to be acceptable and the proposal complies with UDP Policy D2 and PCPN2.
Impact on the Road Network UDP Policy A5 requires new development to make adequate provision for access, parking and servicing. PCPN1 sets maximum standards for parking provision.
44
Subject to the conditions recommended by the Council’s Highway Engineers, the site can be safely accessed to and from Gladstone Road by vehicles and pedestrians.
Engineers recommend that the Council’s parking standards be met in full. Whilst this type of accommodation is not listed in the guidance, it is considered that the standards for a care home can be applied. PCPN1 sets a maximum of one parking space per four beds for this type of development, and therefore, as the proposal is for 22 units, this would equate to 5.5 spaces. The disabled car parking space and the minibus space are additional to this provision.
Fortalice have provided a letter stating that, at their existing operation, car ownership has been limited to one or two residents, with on one occasion three residents. Typically, car ownership has been limited to 8% of residents, rising to 25% on one occasion.
An arrangement has been made with the Hawker Siddley Social Club, near the site. Residents will be provided with memberships to the club, and would be able to use the site as overspill parking, should it be needed. The club have confirmed this arrangement in writing.
The Applicant points out that some of the project staff live in the Farnworth area, within easy walking distance. Attention is also drawn to the site's proximity to bus routes along Albert Road, Gladstone Road and Egerton Street, the location of the Moses Gate train station and the provision of a bike store.
The proposal is considered to comply with policies seeking to protect the road network.
Value Added to and by the Development Bolton Women's Aid “Fortalice” is a charitable organisation established in 1977 in response to the growing demand for emergency accommodation and support services for women and children fleeing the devastating effects of domestic violence. From its establishment it has grown and developed to become the major local provider of services within Bolton for women and children suffering domestic violence.
The organisation aims to provide support services to enable women and their children to escape the devastating effects of domestic violence and also to promote the self confidence for women to sustain independence from violent partners.
The proposal is considered to be of community value to the Borough.
Conclusion The proposal represents the efficient use of land for housing in the form of sheltered accommodation. National and local planning guidance encourages the location of such forms of accommodation within existing residential areas, in order to contribute to creating mixed communities.
45 The development proposed can be accommodated with the site without significant harm to the street scene, the park at the rear or the living conditions of nearby residents and 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 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 safeguards the character and visual appearance of the locality.
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. Before development commences details of the treatment to all boundaries to the site, including the replacement of the palisade fencing with a more approriate treatment, shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is first occupied or brought into use and retained thereafter.
Reason
To ensure adequate standards of privacy are obtained and to enhance the setting of the development within the landscape character of the locality.
5. 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
46 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.
6. As shown onthe approved plans, prior to commencement of development a scheme indicating the provision to be made for not less than 1 car parking spaces 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.
7. 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.
8. 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.
9. 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.
10. 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.
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
47 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. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Gladstone 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.
13. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4m metres by 70 metres is provided at the junction of the new access with Gladstone Road, 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.
14. 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.
15. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Gladstone 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 Gladstone Road, other than as shown on the approved plan.
Reason
In the interests of highway safety.
16. The development hereby approved/permitted shall not be brought into use unless and until not less than 7 car parking spaces have been marked out and provided within the curtilage of the site, in accordance with the approved 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.
17. 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.
48
18. Prior to the commencement of development, the developer shall carry out a desktop study to investigate the likelihood of contamination of the site and this desktop study shall be submitted for the approval of the Local Planning Authority.
Based on the results of the approved desktop study where contamination is suspected the developer shall submit a sampling and analytical strategy for approval by the Local Planning Authority prior to the commencement of any on-site investigation. A site investigation should be carried out in accordance with the approved sampling and analytical strategy to assess the extent of any likely contamination of the site. The methodology should be designed utilising the British Standard BS10175: 2001.
The site investigation shall address: -
1) the nature, degree and distribution of contamination and underground gases on the site
2) its implications on:-
(i) the Health and Safety of site workers and nearby persons
(ii) building structures and services
(iii) landscaping schemes
(iv) final end users of the site
(v) the environmental pollution of ground water
Should the desktop study indicate no issues, but during development contamination is found, the developer shall contact the Local Planning Authority promptly, and submit details of a site investigation and remedial measures for the approval of the Local Planning Authority.
On completion of a site investigation a report shall be submitted to the Local Planning Authority for approval. Within the site investigation report it must identify any remedial measures required to deal with any hazards identified. This should be carried out using the most appropriate risk assessment methodology for the purpose (e.g. CLEA or the SNIFFER method etc) and any remedial measures required shall be implemented by the developer prior to the occupation of the site.
A validation report is required prior to the discharge of this condition confirming that all remedial action required to make the site safe for use has been completed.
It is recommended that a copy of the validation certificate showing safe for end use also be supplied to the purchasers of the properties to assist in conveyancing in later years.
Reason
To ensure the safe development of the site and eliminate risk to people and buildings due to contaminated land.
49 50 51 52 53 54 55 56 57 58 59 60
Date of Meeting: 30 November 2006 Item Number: 3
Application Reference: 75644/06
Type of Application: Full Planning Application Registration Date: 17/10/2006 Decision Due By: 12/12/2006 Responsible Helen Williams Officer:
Location: SWAN LANE MILL, HIGHER SWAN LANE, BOLTON, BL3 3BJ
Proposal: INSTALLATION OF SIX POLE MOUNTED ANTENNA (PAINTED TO MATCH EXISTING STONE/BRICKWORK), FIVE EQUIPMENT CABINETS AND ASSOCIATED WORKS.
Ward: Great Lever
Applicant: O2 (UK) Limited Agent : Lambert Smith Hampton
Officers Report
Proposal This application is for full planning permission and is to be read in conjunction with the accompanying Listed Building Consent, application 75643/06.
Permission is sought for the installation of six pole mounted antenna, five equipment cabinets and ancillary works. The three pairs of antenna will be located on the exterior of the Listed mill, two pairs on the tower at the south western corner of the mill and one pair on the north western corner. It is proposed that all antenna will be painted to match the existing brick and stone work of the building. The equipment cabinets and the cable trays (ancillary works) are to be sited on the roof at the south western corner of the mill.
The proposed development is to replace an existing telecommunications installation on the chimney of the James Lever and Sons building off Brandwood Street, which has been sold and means O2 have to vacate the premises by April 2007. The proposed development will provide the replacement 2nd and 3rd Generation coverage within the busy residential and commercial areas of Daubhill, Deane and Great Lever.
Site Characteristics Swan Lane Mills 1 & 2 is a Grade II* Listed Building and therefore a building of outstanding architectural and historic interest. The former red brick spinning mill dominates the local area standing at 7-storeys tall. The surrounding area is composed mainly a mix of residential, commercial and industrial premises.
Swan Lane Mills are an existing telecommunications site, with T-Mobile, Orange PCS and '3' (formerly Hutchinson 3G) having installations on the rooftop and parapets. Swan Lane Mills no. 3 (which is adjacent to Mills 1 & 2) also houses Vodafone and Orange telecommunication equipment.
Policy 61 PPG8 (revised) Telecommunications
UDP policies: D2 Design; D6 Telecommunications; D10 The Alteration and/or Extension of Listed Buildings; D12 Alternative Uses for Listed Buildings; A5 Road Network.
PCPN20 Listed Buildings; PCPN25 Telecommunications
History Full planning permission (71832/05) and Listed Building Consent (71833/05) were both granted at Committee on 15th September 2005 for T-Mobile to install 3 antenna and 3 equipment cabinets on the roof and parapets of Swan Lane Mills.
Listed Building Consent was granted in February 2005 for Vodafone to install telecommunications equipment at Swan Lane Mills no.3. This consisted of 6 pole mounted antennae (internally sited) and the replacement of 3 windows (69933/04).
The installation of telecommunications equipment, which included 4 antennae and 4 600mm dishes with ancillary equipment, was granted permission at Committee in August 2001 for the adjacent Swan Lane Mills no.3, along with the granting of the associated Listed Building Consent. The Applicant in this instance was Orange (59498/01 and 59490/01).
Both planning permission and Listed Building Consent were granted in November 2005 for the provision of ramped access from the rear service yard into the building and the erection of a 2.4 metre high gated fence (70014/05 and 70748/05).
Planning permission was approved in May 2005 under delegated powers for the additional use of part of the ground floor of Swan Lane Mills no.1 & 2 to provide a gym (70573/05).
In March 2005, planning permission was granted for the change of use of Mills 1&2 to business (B1), industrial (B2) and warehouse (B8) use (70014/05).
Technical Consultations Bolton Council - Highway Engineers:- have no objection.
Bolton Council - Environmental Health Officers:- no comments to make.
Bolton Council - Conservation and Urban Design Officers:- assert that overall the additions will not detrimentally harm the character and appearance of the Listed Building, however reiterate concerns expressed on previous applications that too much development of this nature proliferating the external elevations will eventually cause harm. As the application stands at present, the Officers believe it to be acceptable.
Engineered Communications Solutions (ECS) Ltd.:- were commissioned by the Council to carry out an assessment of the information contained within the Applicant's supporting statement. The consultant's findings are contained within this Committee report.
62
Consultation The following schools and nurseries were consulted: Sunning Hill Primary School, Goldsmith Street Bolton Muslim Girls' School, Swan Lane Alexandra Nursery School, Martha Street Sure Start Centres, Blackledge Street and Paulham Street Lever Edge Country Primary School, Lever Edge Lane Hayward School and Bolton South 6th Form College, Lever Edge Lane St. William of York R.C. Primary School, Nugent Road Bishop Bridgeman C. of E. Primary School, Rupert Street
The following local residents were consulted: 7-12 (incl.) Mancroft Terrace 2-12 (evens) and 9-11 (odds) Burwell Close 38-42 (evens) Barbara Street
The following businesses were consulted: Greater Manchester Waste, 151 Higher Swan Lane 19 businesses in Swan Lane Mills, Higher Swan Lane 3 businesses in St. Paul's Mill, Barbara Street
Representations Letters:- any letters received shall be reported directly to the Committee.
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 Government's policy is to facilitate the growth of new and existing telecommunications systems whilst keeping the environmental impact to a minimum. Consideration of Alternative Sites and Mast Sharing PPG8 and UDP policy D6 place strong emphases on the use and reuse of existing sites, in particular the use of existing masts, buildings and other structures. The Government encourages applicants to hold pre-application discussions on with the Local Planning Authority and interested third parties regarding the consideration of alternative sites.
63 The lack of consideration of alternative sites can be a reason to refuse applications, but the Local Planning Authority must give clear and specific reasoning, having borne in mind the technical constraints of the Operators.
The Applicants have considered the following sites prior to the submission of this application, all of which are considered to be unacceptable for the following reasons:-
• Streetworks installation on the pavement outside Daubhill Auto Repairs, St. Helens Road. The Operator states that the streetworks would have to be approximately 15- 17 metres in height and they felt that a new free-standing structure at this location would have a greater impact on visual amenity than the proposed site.
• Installation at Park Cakes, off Bella Street. The owners of the property did not express an interest in progressing with a proposal.
• Installation at Majestic Self-Drive, off Henry Lee Street. Again the owners of the property did not express an interest in progressing with a proposal.
• Rooftop installation at Lantor (UK) Limited, St. Helens Road/Prescot Street. Again the owners of the property did not express an interest in progressing with a proposal.
• Site sharing on the chimney of the James Lever & Sons building. O2 have an existing installation on this chimney but have been served notice under their existing lease to vacate the premises by April 2007. The proposed site is therefore required as a direct replacement for this installation.
• Installation on St. George The Martyr Church, Church Avenue. The Operator dismissed this site as it is located in close proximity to residential dwellings and it is felt that it would have a greater impact on visual amenity than the proposed site.
• Streetworks installation at Morris Green Business/Industrial Park, off Bella Street. Again the Operator has dismissed this location as it is located close to residential dwellings and it is felt that it would have a greater impact on visual amenity than the proposed site (as a 15 metre column would be needed).
It is considered that the Operator has sufficiently considered alternative sites, having investigated the possibility of streetwork installations and of installing telecommunications equipment on existing buildings within the immediate area. The alternative sites listed above have been discounted due to visual amenity reasons or ownership issues. The independent consultant commissioned by the Council to assess this supporting information agrees that most of the alternative options may be more intrusive than what is being proposed by O2.
The Operator's choice of installing telecommunications equipment on Swan Lane Mills also represents the sharing of an existing telecommunications site as well as the use of an existing structure. The proposed siting is therefore in accordance with the guidance set out in PPG8, policy D6 of Bolton's UDP and PCPN25.
64 Technical Justification PPG8 states that Operators may be expected to demonstrate the need for the proposal. UDP policy D6 requires that the size of the mast is justified in terms of operational efficiency, structural capacity and its relative importance in the network.
The Applicant has supplied existing and proposed Cell Coverage Diagrams. The proposed equipment will provide a replacement 2nd and 3rd Generation service for T- Mobile in an area spanning Daubhill, Deane and Great Lever. The independent consultant commissioned by the Council to assess the Operator's technical justification asserts that the need for the site has been demonstrated by the coverage plots and that the proposed site is well located to give coverage in the general area and fits in reasonably well with the coverage from existing sites. The consultant continues that although there is substantial overlapping coverage in some directions, coverage remains below O2's targets in a small area to the north west of the proposed site and thus the antenna height suggested by the Operator is not excessive.
Design and Visual Amenity Issues UDP policy D6 requires that the siting, scale and external appearance of the apparatus, and any associated landscaping, have been designed to minimise, eliminate or mitigate negative impact on amenity, visual intrusion and, if applicable, the appearance of structures on which they are mounted.
As stated above, Swan Lane Mills are a Grade II* Listed Building and are therefore of national importance in architectural and historical terms. Policy D10 of Bolton's UDP maintains that development proposals for the alteration of Listed Buildings will be permitted provided that they do not adversely affect their character, appearance, setting or historic setting.
The proposed telecommunications development for Swan Lane Mills consists of the installation of six pole mounted antenna, five equipment cabinets and ancillary works. The three pairs of antenna will be mounted to the sides of the Listed mill, two pairs on the tower at the south western corner of the mill and one pair on the north western corner. The equipment cabinets and the cable trays (ancillary works) are to be sited on the roof at the south western corner of the mill.
By mounting the antenna on the sides of the building, it means that they will not be visible above the top of the Mills (as commonly occur on rooftop installations) and will not have an adverse effect on the outline of the building or the skyline of the area.
It is also proposed that all antenna will be painted to match the existing brick and stone work of the building. This will help further reduce the visual impact of the equipment on the prominent Grade II* Listed Building.
The Council's Conservation and Urban Design Officers have been consulted on the application and believe that the proposed telecommunications development will not detrimentally harm the character and appearance of the Listed Building. The Officers are however concerned that too much development of this nature proliferating the external elevations will eventually cause harm to the appearance and character of the Mills.
65 Nevertheless, the Officers confirm that the current proposal is acceptable. It is therefore considered that the telecommunications proposal does not adversely affect the historical building's character, appearance, setting or historical fabric (in accordance with policy D10 of Bolton's UDP) and complies with both Government and Council policies in relation to telecommunications development and design.
Health Considerations The Central Government view is that if the output levels of the proposed equipment are below the guidelines recommended by the International Commission on Non-Ionizing Radiation Protection, there should be no need for further consideration on health grounds.
PPG8 advises that Operators should provide Local Planning Authorities with ICNIRP compliance statements. The applicants have provided an ICNIRP compliance statement for this application.
Conclusion The proposal involves installation on an existing structure that already facilitates telecommunications technology and therefore avoids further telecommunications equipment being erected elsewhere within the vicinity. The Applicant has also submitted evidence verifying the need for this telecommunications proposal and has justified their reasons for discounting alternative sites within the surrounding area. It is considered that the design and siting of the proposed telecommunications equipment are acceptable for the Grade II* Listed Swan Lane Mills and will not have a detrimental effect on the surrounding area. The proposal is thus in accordance with national and local telecommunications policies and approval is therefore recommended.
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 work subject of this consent shall be commenced until a minimum of 14 days notice in writing has been given the Local Planning Authority.
Reason
To enable the Local Planning Authority to inspect the approved works and ensure the character and appearance of the Listed Builiding are not detrimentally affected.
66
3. Before development commences details of the external finish and colour of the proposed equipment shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be completed within 28 days of the installation of the equipment which shall be retained so coloured thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
67 68 69 70 71 72 Date of Meeting: 30 November 2006 Item Number: 4
Application Reference: 75643/06
Type of Application: Listed Building Consent Registration Date: 23/10/2006 Decision Due By: 18/12/2006 Responsible Helen Williams Officer:
Location: SWAN LANE MILL, HIGHER SWAN LANE, BOLTON, BL3 3BJ
Proposal: LISTED BUILDING CONSENT FOR THE INSTALLATION OF SIX POLE MOUNTED ANTENNA (PAINTED TO MATCH THE EXISTING STONE/BRICKWORK), FIVE EQUIPMENT CABINETS AND ASSOCIATED WORKS
Ward: Great Lever
Applicant: O2 (UK) Limited Agent : Lambert Smith Hampton
Officers Report
Proposal This application is for Listed Building Consent and is to be read in conjunction with the accompanying full planning application 75644/06.
Permission is sought for the installation of six pole mounted antenna, five equipment cabinets and ancillary works, which is referred to in more detail in the following report (75644/06).
Site Characteristics Swan Lane Mills 1 & 2 is a Grade II* Listed Building and therefore a building of outstanding architectural and historic interest. The former red brick spinning mill dominates the local area standing at 7-storeys tall. The surrounding area is composed mainly a mix of residential, commercial and industrial premises.
Policy Unitary Development Plan 2005: D2 Design; D6 Telecommunications; D10 The Alteration and/or Extension of Listed Buildings; D12 Alternative Uses for Listed Buildings.
Planning Control Policy Notes: No.20 - "Listed Buildings"
History Full planning permission (71832/05) and Listed Building Consent (71833/05) were both granted at Committee on 15th September 2005 for T-Mobile to install 3 antenna and 3 equipment cabinets on the roof and parapets of Swan Lane Mills.
Listed Building Consent was granted in February 2005 for Vodafone to install telecommunications equipment at Swan Lane Mills no.3. This consisted of 6 pole mounted antennae (internally sited) and the replacement of 3 windows (69933/04). 73
The installation of telecommunications equipment, which included 4 antennae and 4 600mm dishes with ancillary equipment, was granted permission at Committee in August 2001 for the adjacent Swan Lane Mills no.3, along with the granting of the associated Listed Building Consent. The Applicant in this instance was Orange (59498/01 and 59490/01).
Both planning permission and Listed Building Consent were granted in November 2005 for the provision of ramped access from the rear service yard into the building and the erection of a 2.4 metre high gated fence (70014/05 and 70748/05).
Planning permission was approved in May 2005 under delegated powers for the additional use of part of the ground floor of Swan Lane Mills no.1 & 2 to provide a gym (70573/05).
In March 2005, planning permission was granted for the change of use of Mills 1&2 to business (B1), industrial (B2) and warehouse (B8) use (70014/05).
Technical Consultations Bolton Council - Highway Engineers:- have no objection.
Bolton Council - Environmental Health Officers:- no comments to make.
Bolton Council - Conservation and Urban Design Officers:- assert that overall the additions will not detrimentally harm the character and appearance of the Listed Building, however reiterate concerns expressed on previous applications that too much development of this nature proliferating the external elevations will eventually cause harm. As the application stands at present, the Officers believe it to be acceptable.
Engineered Communications Solutions (ECS) Ltd.:- were commissioned by the Council to carry out an assessment of the information contained within the Applicant's supporting statement. The consultant's findings are contained within this Committee report.
Consultation Two site notices were posted on Higher Swan Lane on the 8th November 2006.
The following schools and nurseries were consulted: Sunning Hill Primary School, Goldsmith Street Bolton Muslim Girls' School, Swan Lane Alexandra Nursery School, Martha Street Sure Start Centres, Blackledge Street and Paulham Street Lever Edge Country Primary School, Lever Edge Lane Hayward School and Bolton South 6th Form College, Lever Edge Lane St. William of York R.C. Primary School, Nugent Road Bishop Bridgeman C. of E. Primary School, Rupert Street
The following local residents were consulted:
74 7-12 (incl.) Mancroft Terrace 2-12 (evens) and 9-11 (odds) Burwell Close 38-42 (evens) Barbara Street
The following businesses were consulted: Greater Manchester Waste, 151 Higher Swan Lane 19 businesses in Swan Lane Mills, Higher Swan Lane 3 businesses in St. Paul's Mill, Barbara Street
Representations Letters:- any letters received shall be reported directly to the Committee.
Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.
Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.
Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.
It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.
The main impacts of the proposal are:-
* impact on the character, appearance and setting of the Listed Building
Impact on the Character, Appearance and Setting of the Listed Building UDP policy D6 requires that the siting, scale and external appearance of the apparatus, and any associated landscaping, have been designed to minimise, eliminate or mitigate negative impact on amenity, visual intrusion and, if applicable, the appearance of structures on which they are mounted.
As stated above, Swan Lane Mills are a Grade II* Listed Building and are therefore of national importance in architectural and historical terms. Policy D10 of Bolton's UDP maintains that development proposals for the alteration of Listed Buildings will be permitted provided that they do not adversely affect their character, appearance, setting or historic setting.
The proposed telecommunications development for Swan Lane Mills consists of the installation of six pole mounted antenna, five equipment cabinets and ancillary works. The three pairs of antenna will be mounted to the sides of the Listed mill, two pairs on the tower at the south western corner of the mill and one pair on the north western corner. The equipment cabinets and the cable trays (ancillary works) are to be sited on the roof at the south western corner of the mill.
75
By mounting the antenna on the sides of the building, it means that they will not be visible above the top of the Mills (as commonly occur on rooftop installations) and will not have an adverse effect on the outline of the building or the skyline of the area.
It is also proposed that all antenna will be painted to match the existing brick and stone work of the building. This will help further reduce the visual impact of the equipment on the prominent Grade II* Listed Building.
The Council's Conservation and Urban Design Officers have been consulted on the application and believe that the proposed telecommunications development will not detrimentally harm the character and appearance of the Listed Building. The Officers are however concerned that too much development of this nature proliferating the external elevations will eventually cause harm to the appearance and character of the Mills. Nevertheless, the Officers confirm that the current proposal is acceptable. It is therefore considered that the telecommunications proposal does not adversely affect the historical building's character, appearance, setting or historical fabric (in accordance with policy D10 of Bolton's UDP) and complies with both Government and Council policies in relation to telecommunications development and design.
Conclusion It is considered that the proposed telecommunications installation will not have a detrimental effect on either the character, appearance, setting or historic fabric of the Grade II* Listed Swan Lane Mills, with the siting and design of the equipment being considered as acceptable by the Council's Conservation and Urban Design Officers. This Listed Building Consent (in connection with application 75644/06 for the installation of the telecommunications development) is therefore recommended for approval.
Recommendation: Approve subject to conditions
Recommended Conditions and/or Reasons
1. The works must be begun not later than the expiration of three years beginning with the date of this consent.
Reason
Required to be imposed pursuant to Section 18 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. No work subject of this consent shall be commenced until a minimum of 14 days notice in writing has been given the Local Planning Authority.
Reason
To enable the Local Planning Authority to inspect the approved works and ensure the character and appearance of the Listed Building are not detrimentally affected.
76
3. Before development commences details of the external finish and colour of the proposed equipment shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be completed within 28 days of the installation of the equipment which shall be retained so coloured thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
77 78 79 80 81 82 Date of Meeting: 30 November 2006 Item Number: 5
Application Reference: 75702/06
Type of Application: Full Planning Application Registration Date: 24/10/2006 Decision Due By: 19/12/2006 Responsible Jeanette Isherwood Officer:
Location: 7 WATERS EDGE, FARNWORTH, BOLTON, BL4 0NL
Proposal: ERECTION OF A SINGLE STOREY SIDE EXTENSION AND AN INCREASE IN WIDTH OF THE PREVIOUSLY APPROVED TWO STOREY SIDE EXTENSION
Ward: Harper Green
Applicant: Mr M Amin Agent : Mr S Taylor
Officers Report
Background This application is brought before Members at the request of Councillor Mrs Margaret Clare. An advanced site visit will take place before the meeting of Committee.
Proposal The application proposes a single storey extension at the side, stepped back from the front elevation and extending towards the southern boundary The application also proposes increasing the width of the previously approved two storey side extension by 400mm.
Site Characteristics This is a large end plot of land, not directly overlooked to the western elevation. The boundary is well screened to the side and rear by large trees and shrubs.
Policy Unitary Development Plan 2005: D2 Design
Planning Control Policy Notes: No.2 - Space Around Dwellings, No.3 - House Extensions
History A previous application for a part single part two storey side extension was approved by Planning Committee on 24/08/06 application number 74716/06.
Technical Consultations Non relevant.
83 Representations Letters:- 1 Letter of objection has been received from the resident to the rear at 35 Glenmore Avenue. The main objections are:- 1. Loss of openness to the rear of the property. 2.The increase in size of the two storey side extension would result in windows and doors being enlarged. 3. The description of the proposal for this second application is misleading.
Elected Members:- Cllr Mrs Margaret Clare has requested that this application be brought before Committee for decision.
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 extension has been designed to be compatible with the host building and the interface distances set out in Council Policy are met in full as follows;
The two storey extension is 22.18 metres from the rear of the main elevations to dwellings to the rear of Glenmore Avenue. The two storey extension is at an angle to 2 Waters Edge and as such there are no direct views from this extension into that property that would result in the living conditions to that dwelling being unduly affected. The increase in width of this extension by 400mm will have no additional adverse effects on the neighbouring properties.
The single storey extension will be 4.1 metres wide, 4 metres long and 3.5 metres high to the apex of the roof and situated towards the rear of the plot. There will be 22 metres to the properties to the rear on Glenmore Avenue and this extension is considered to have little impact on these properties.
The single storey extension will be set back from the front elevation of the property leaving a distance of 4.5 metres between the footpath to the front of the new extension ensuring minimal visual impact.
The main objections to the application are addressed as follow:- 1. The resident feels that there is now a loss of openness to the rear of his property, however the correct interface distances between the properties are met in accordance with Council policies.
84 2. There is no indication on the submitted plans to suggest that the windows and doors previously outlined are to be enlarged or altered. 3. The original description of the proposal was changed and all neighbours were reconsulted with the correct description.
Members are accordingly advised to approve the application to increase the width of the previously approved two storey side extension and erect a single storey extension as described 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 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. 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.
85 86 87 88
Date of Meeting: 30 November 2006 Item Number: 6
Application Reference: 75492/06
Type of Application: Full Planning Application Registration Date: 12/10/2006 Decision Due By: 07/12/2006 Responsible Jon Berry Officer:
Location: ACRESFIELD HOUSE, 30 CHORLEY ROAD, BLACKROD, BOLTON, BL6 5JS
Proposal: DEMOLITION OF EXISTING DWELLING AND ERECTION OF 5NO APARTMENTS WITH VEHICULAR ACCESS AND CAR PARKING
Ward: Horwich and Blackrod
Applicant: Mrs H Hodgkinson Agent : Mr F Whittaker
Officers Report
Proposal The application proposes the demolition of the existing dwelling and the redevelopment of this town centre site; a bat survey has revealed no evidence of the species.
The proposal is to erect a single building part two and part three storeys in height, the third floor to be within the roof space with dormer windows on the front elevation. There are 6 car parking spaces together with a bin store to the rear of the building which are to be accessed from Chorley Road by a central passage at ground floor level. An additional car parking space has been provided for No 32, Chorley Road which presently has no off street car parking provision. A communal balcony area has been provided at the rear of the building.
Site Characteristics The site is presently occupied by a substantial two storey 19th rendered century house with a dwarf wall to the highway frontage. There are properties with a variety of roof heights along Chorley Road in the vicinity of the site. A semi detached house lies to the north of the site and there are 2 storey offices to the south. To the rear of the site is a pair of semi detached bungalows.
Policy PPG 3 Housing
UDP Policies H3 Housing Applications, H5 Housing Density, D2 Design, A5 Road Network, A6 Car Parking Standards, N1 Nature Conservation.
PCPN 2 Space About Dwellings, PCPN 21 Highways Considerations, PCPN 27 Housing Development.
History None. 89 Technical Consultations Bolton Council - Highway Engineers:- raise no objection, the plans have been amended to show a wider access and a contribution of £3000 has been sought towards local traffic management schemes. Conditions are recommended.
Representations Letters: - one letter of objection has been received from the occupier of No 27, Thirlmere Road on the grounds that the proposal would
* adversely overlook the rear of the property resulting in a loss of privacy * give rise to noise and disturbance from the rear car parking area * give rise to danger from the access and parking on Chorley Road * be higher and out of keeping with the character of the area
Town Council:- Blackrod Town Council raise no objection to the proposal.
Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.
Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.
Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.
It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.
The main impacts of the proposal are:-
* impact on urban regeneration * impact on the character and appearance of the area * impact on the amenities of adjacent residents * impact on the highway
Impact on Urban Regeneration National policy on residential development is contained in PPG3 Housing. In order to promote more sustainable patterns of development, PPG3 makes it clear that the focus for additional housing should be on existing towns and urban areas. It is important that new housing is located where it is accessible to jobs, shops and services by modes of transport other than the car. The inefficient use of land should be avoided and to this end maximum use should be made of previously developed land.
The application site is considered to be previously developed land in that it is occupied by a house and its garden area. The site is a short walk away from the centre of
90 Blackrod. It is therefore considered that this application would satisfy the criteria within PPG3 as well as policy H3 of the UDP.
Impact on the Character and Appearance of the Area Policy H5 of the UDP seeks to achieve high density developments at a net site density of 30 dwellings or more per hectare, in line with PPG3. However, this policy also makes a provision for lower densities to be provided in some cases, in order to protect local distinctiveness and character. The scheme has a density of 106 dwellings per hectare.
Policy D2 of the UDP requires that the design of new buildings respect the character of the area in which they are situated.
The existing building dates back to the 1800s and is of two storeys. The dwelling is structurally in a poor condition and not worthy of listing and therefore its demolition is acceptable. The area surrounding the application site is characterised by a mixture of house types and the new property albeit of 3 storeys in part will be no higher than the existing dwelling. The design is interesting and respects the character of the street scene.
It is therefore considered that the design of the dwellings would not have an adverse impact on the character and appearance of the area and thereby complies with Policies D2 and H5 of the UDP.
Impact on the Living Conditions of Surrounding Residents Policy D2 of the UDP requires that the design of new buildings respect the amenity of neighbouring residents. PCPN2 "Space Around Dwellings" prescribes a minimum interface distance of 21 metres between two storey elevations which contain main windows and directly face each other together with an additional 3 metres for each additional storey. This interface distance should be achieved in order that the living conditions of adjoining residents and any future residents of the development are not compromised in terms of loss of light and privacy.
The minimum distance between the rear of the proposed dwelling and windows in the rear of No 27 Thirlmere Road is 26 metres which is in excess of the minimum standard. The rear windows of the new development, albeit in greater number (the existing dwelling has 1 principal first floor window) are further away from the rear plot boundary than that existing and the relationsip is an oblique one with the third floor windows being at a greater distance from No 27.
The distances between the dwellings therefore indicate that the proposed development would not unduly impact on the living conditions of neighbouring residents and it therefore complies with Policy D2 of the UDP and PCPN2.
Impact on the Highway UDP policy A5 and PCPN21 both seek to ensure developments which would not have an adverse impact upon the road network and which makes appropriate provision for parking, the needs of pedestrians and vehicle manoeuvering. PPG3 Housing indicates that it would be unreasonable for Local Planning Authorities to insist on more athan
91 150% car parking provision. In this case the provision is 120% for an apartment development together with an additional space for No32 Chorley Road which presently has no off street parking space.
It is considered that this proposal will not have a detrimental impact upon road safety and the Council's Highway Engineers raise no objection to the application in principle subject to conditions and a contribution to highway improvements.
It is also considered that adequate parking has been provided complying with the standards within policy A6 of the UDP and the principles set down in PPG13 Transport.
Conclusion It is considered that the proposal for the demolition of the existing dwelling and the erection of 5 apartments on the site is acceptable. The design successfully addresses the issues of massing, scale and architectural appearance. The proposal also will not unduly impact on the living conditions of adjacent properties, nor will it jeopardise highway safety. Members are accordingly recommended to approve the application and delegate the issue of the decision notice to the Director pending receipt of the highway contribution.
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 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. 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.
4. 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
92 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.
5. 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.
6. 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 shall be 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 0.6 metres is provided at the junction of the access with Chorley 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.
93 94
8. Based on the results of the approved desktop study where contamination is suspected the developer shall submit a sampling and analytical strategy for approval by the Local Planning Authority prior to the commencement of any on-site investigation. A site investigation should be carried out in accordance with the approved sampling and analytical strategy to assess the extent of any likely contamination of the site. The methodology should be designed utilising the British Standard BS10175: 2001.
The site investigation shall address: -
1) the nature, degree and distribution of contamination and underground gases on the site
2) its implications on:-
(i) the Health and Safety of site workers and nearby persons
(ii) building structures and services
(iii) landscaping schemes
(iv) final end users of the site
(v) the environmental pollution of ground water
Should the desktop study indicate no issues, but during development contamination is found, the developer shall contact the Local Planning Authority promptly, and submit details of a site investigation and remedial measures for the approval of the Local Planning Authority.
On completion of a site investigation a report shall be submitted to the Local Planning Authority for approval. Within the site investigation report it must identify any remedial measures required to deal with any hazards identified. This should be carried out using the most appropriate risk assessment methodology for the purpose (e.g. CLEA or the SNIFFER method etc) and any remedial measures required shall be implemented by the developer prior to the occupation of the site.
A validation report is required prior to the discharge of this condition confirming that all remedial action required to make the site safe for use has been completed.
It is recommended that a copy of the validation certificate showing safe for end use also be supplied to the purchasers of the properties to assist in conveyancing in later years.
Reason
To ensure the safe development of the site and eliminate risk to people and buildings due to contaminated land.
95 96 97 98 99 100 Date of Meeting: 30 November 2006 Item Number: 7
Application Reference: 75325/06
Type of Application: Full Planning Application Registration Date: 06/09/2006 Decision Due By: 01/11/2006 Responsible Sara Flanagan Officer:
Location: WOODFORD, MILL LANE, HORWICH, BOLTON, BL6 6AQ
Proposal: CONSTRUCTION OF AN EXTENSION TO THE FRONT OF THE PROPERTY TO PROVIDE ADDITIONAL HALL AND BEDROOM SPACE WITH BEDROOM AND BATHROOM IN ROOF SPACE
Ward: Horwich North East
Applicant: D Griffiths Agent : M Deane
Officers Report
Site Characteristics Woodford is a true bungalow mostly rendered with a brick plinth and red tiled roof set in its own gardens. It is built on higher ground like the other houses on Mill Lane and its prominence is further emphasised as it is on a bend in the road. Mill Lane is within the Wallsuches Conservation Area which is partly characterised by its rural nature (it is also within designated Green Belt); large individual houses are set in their own grounds and a variety of small traditional village buildings built of local materials are present. Mill Lane in particular and adjoining roads such as Foxholes and Factory Hill have pre- dominantly 20th century houses of high quality and individual design. There is a bungalow with dormers to the south and a dwelling house to the north.
Policy UDP Policies D2 Design and D7 Conservation Areas PCPN3 House Extensions
History Planning permission was granted in March 2002 for the erection of a rear conservatory and a side porch (61088/02)
Technical Consultations Bolton Council -Conservation Officers:- raises objection to the proposal.
Representations Letters:- no objections have been received
Town Council:- Horwich Town Council supported the application
101 102 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 proposal to create a large gable on the front elevation is considered to be unsuitable for this property. The large gable does not relate sympathetically to the scale and design of the existing building and will therefore be detrimental to its overall appearance. Consequently it is considered that this disproportionate extension on a relatively small building will not only detract from the appearance of the building but will detrimentally affect the character of Wallsuches Conservation Area. The proposal is considered to be contrary to Policies D7 and D2 of Bolton’s UDP
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 building and in particular would impact detrimentally on the Wallsuches Conservation Area contrary to Policy D2 and D7 of Bolton's Unitary Development Plan and Planning Control Policy Notes No.3 - "House Extensions” and No 19 "Conservation Areas".
103 104 105 106 107 108 Date of Meeting: 30 November 2006 Item Number: 8
Application Reference: 75620/06
Type of Application: Full Planning Application Registration Date: 19/10/2006 Decision Due By: 14/12/2006 Responsible Helen Williams Officer:
Location: ST. JOHN THE EVANGELIST CHURCH, CHURCH STREET, FARNWORTH
Proposal: USE OF PART OF CHURCH AS A MOBILE PHONE BASE SITE COMPRISIING THE INSTALLATION OF FOUR MOBILE PHONE ANTENNAE IN BELL TOWER, EQUIPMENT CABINET IN CHURCH ROOF AND ANCILLARY WORKS, INCLUDING THE REPLACEMENT OF EXISTING TIMBER LOUVRES IN THE BELL TOWER WITH REPLICA GRP LOUVRES.
Ward: Kearsley
Applicant: Vodafone Ltd Agent : Waldon Telecom
Officers Report
Proposal All proposed development will be internal and the only visible element will be the replacement louvres, which are in design terms replicas of the timber structures currently in place. These are located at the top of the Bell Tower.
This is a new telecommunications site submitted on behalf of Vodafone
Site Characteristics The church dates from around 1800 and is a Gothic influenced design with a Nave, Chancel and Bell Tower and is located within a predominantly residential area.
Policy UDP De and D2 Design, D6 Telecommunications D10 Listed Buildings.
PCPN20 Listed Buildings PCPN25 Telecommunications
Technical Consultations Bolton Council - Environmental Health Officers:- no comments.
Bolton Council - Conservation and Urban Design Officers:- comment that in conservation and design terms the installations are not thought to be detrimental to the character and appearance of the listed building and therefore raise no objection.
109 Neighbour notification The following dwellings were notified of this application; Church Street, 54, 56, 57,59 and 61 Church Road, 65 - 71 and 91 - 99 Gerrard Street, 7 - 29 and 12 - 22 Fearnhead Close, 9, 9a, 11, 11a, 13, 13a,,15, 15a, 17, 17a, 19, 19a, 12, 12a, 14, 14a, 16, 16a, 18, 18a, 20, 20a, 22, 22a, 24, 24a, 26, 26a, 28, 28a. Millbrook House, 2, 3, 26 - 40 and 27 - 41 the following schools have also been notified of the application. St John's C of E Primary Grosvenor Day Nursery Sure Start Centre St Gregorys RC Primary School
Representations Letters:-one objection has been received on behalf of the tenant of Millbrook House raising objections on health grounds and TV reception.
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 Government's policy is to facilitate the growth of new and existing telecommunications systems whilst keeping the environmental impact to a minimum.
Consideration of Alternative Sites and Mast Sharing PPG8 and UDP policy D6 place strong emphases on the use and reuse of existing sites, in particular the use of existing masts, buildings and other structures. The Government encourages applicants to hold pre-application discussions on with the Local Planning Authority and interested third parties regarding the consideration of alternative sites.
The lack of consideration of alternative sites can be a reason to refuse applications, but the Local Planning Authority must give clear and specific reasoning, having borne in mind the technical constraints of the Operators.
The following sites were identified as potential alternatives;
110 • K and S J Harvey and Sons, Old Hall Street. Boltonefused previously for 15m mast and equipment at site.
• Hipwood and Grundy, Old Hall Street. Permission granted for residential development of site.
• Chimney at Bent Street. Site of existing telecommunications any further would be overdevelopment and detrimental to visual amenity.
• Farnworth Labour club Longcauseway. Owner unwilling to allow development.
• Verge at Old Hall Street. Not adopted and therefore unavailable.
• Old Forge House bent Street, owner unwilling to allow development.
• Verge adjacent to Church Road, Not adopted and therefore unavailable. • • Farnworth Railway Station, levels of site inappropriate for required coverage.
• BT Exchange, Park Street, Farnworth, roof overlooked by residential property. Previous appeal dismissed on grounds of residential amenity/outlook.
• Samsons Timber Darley Street, owner unwilling to allow development.
• Footway of King Street near junction Market Street, pavement width too narrow.
• Footway on Market Street outside 'Steals' very prominent site, installation detrimental to visual amenity.
The Councils Consultant has advised that, notwithstanding the reasons, the preferred option is judged to have no demonstrable harm to any material planning matters as all works are either internal or involve replica features.
Technical Justification PPG8 states that Operators may be expected to demonstrate the need for the proposal. UDP policy D6 requires that the size of the mast is justified in terms of operational efficiency, structural capacity and its relative importance in the network.
The Applicant has supplied existing and proposed Cell Coverage Diagrams. The proposed equipment will provide 3G coverage for Vodafone primarily for the Farnworth residential areas. The independent consultant commissioned by the Council to assess technical justification confirms that the need for the site has been demonstrated by the coverage plots and that site is well located to give the required coverage.
Design and Visual Amenity Issues UDP policy D6 requires that the siting, scale and external appearance of the apparatus, and any associated landscaping, have been designed to minimise, eliminate or mitigate
111 112 negative impact on amenity, visual intrusion and, if applicable, the appearance of structures on which they are mounted.
By providing for all equipment and antennae to be installed internally and for the louvres to be replicated in GRP there will be no impact on the visual amenity of the site,building or its setting
Conclusion It is considered that the proposed telecommunications installation will not have a detrimental effect on either the character, appearance, setting or historic fabric of the Listed church and it 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. No development shall be commenced until samples of the replacement GRP louvre materials to be used ) 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.
113 114 115 116 Date of Meeting: 30 November 2006 Item Number: 9
Application Reference: 75549/06
Type of Application: Full Planning Application Registration Date: 06/10/2006 Decision Due By: 01/12/2006 Responsible Helen Williams Officer:
Location: WELLFIELD HOUSE, BOSCOW ROAD, LITTLE LEVER, BOLTON, BL3 1AB
Proposal: CHANGE OF USE AND CONVERSION OF BARN TO ONE DWELLING
Ward: Little Lever and Darcy Lever
Applicant: Mr C Cheetham Agent : Tom Myerscough & Co.
Officers Report
Proposal The application is to convert an existing brick coach house/stable building to a dwelling. An oak framed glazed section would link this to a new double garage with accommodation above forming an "L" shaped building. A courtyard providing vehicular access and landscaping would be laid out to the front of the building.
The proposal would result in the removal of previous extensions to the north and south elevations of the coach house and a triple garage.
Site Characteristics The site forms part of the grounds to Wellfield House which is a prominent site at Nob End adjacent to the Manchester, Bolton and Bury Canal within the Croal/Irwell Valley. The site lies within the Green Belt to the south west of the urban area of Little Lever.
Policy UDP: G1 & G2 Green Belt; G3 Re-use of buildings in the Green Belt; R5 Landscape Character; D2 Design; D3 Landscaping; A5 Roads, Paths, Servicing and Car Parking; H3 Housing Development; N9 Protected Species.
PCPN2 Space Around Dwellings PCPN21 Highways Considerations
PPG2 Green Belts PPG3 Housing
History A planning application for the conversion and alteration of the building to two dwellings was withdrawn in May 2006 (73905/06).
Technical Consultations Bolton Council - Highway Engineers:- no objection subject to condition. 117
Bolton Council - Environmental Health Officers:- no objection subject to condition.
Bolton Council - Conservation and Urban Design Officers:- no objection subject to reduction in the number of roof lights.
British Waterways:- British Waterways were consulted on the application and do not raise objection. They recommend that the development is carried out with regard to their code of practice to avoid any detriment to the canal.
Representations Letters:- 2 letters of objection have been received on the following grounds:
* impact on the Green Belt * condition of Boscow Road * increase in noise * visual impact * impact on water supply * unauthorised building has taken place on the site * impact on bats * impact on the canal
Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.
Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.
Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.
It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.
The main impacts of the proposal are:-
* impact on the Green Belt * impact on residential amenity * impact on highway safety * impact on wildlife
Impact on the Green Belt UDP Policy G2 and PPG2 set out appropriate forms of development in the Green Belt. Policy G3 deals with the re-use of existing buildings in the Green Belt.
118 The existing building has considerable character and the conversion has been designed to be sympathetic to its original form, with relatively minor alterations being made to the elevations and roof. The extension proposed is subservient in scale and includes a glazed section to mark the transition between the old building and the new garage element. It is designed to include the same architectural detailing as the main building and is compatible with it. The Council's Design and Conservation Officer is content with the design and treatment to the main building subject to removal of some rooflights.
An objector has suggested that unauthorised building has taken place on the site in the recent past. It is acknowledged that a wooden lean-to on the north elevation of the barn and a triple garage within the site edged red do not have any planning history. However, the current application would result in the removal/replacement of these buildings, thereby regularising the planning situation.
The proposal creates a courtyard with the main elevations facing inwards towards the access and circulation space. It is considered that there would be no unacceptable impact on openness and no adverse impact on the character and appearance of the area.
Impact on residential amenity Wellfield House contains no principal windows on the north elevation facing the conversion and there is therefore no impact on privacy in this regard. Other properties in the area are a considerable distance away and would not be affected in terms of living conditions or outlook.
Impact on highway safety Access to the site is taken from Boscow Road which is an unadopted highway. It is acknowledged that the road is in poor condition, but this is not considered justification to resist the development. The Council's Highway Engineers have raised no objection subject to a condition that the first part of the access up to the existing gates is made up with stone setts.
Impact on wildlife UDP Policy D9 deals with protected species. The applicant has submitted a bat survey which was carried out in March 2006. This concludes that whilst there was no evidence of bats at the time of survey, the building has a high likelihood of being used by bats. It will be necessary for a further survey to be carried out in summer before any work starts. In addition, the applicant will be required to submit details of measures to allow bats to roost in the building following development. The bat consultant provided the applicant with a number of options which should be considered in this regard.
Conclusion The proposal represents an acceptable conversion and extension of an existing building in the Green Belt. There would be no adverse impact on the character and appearance of the area, or the living conditions of nearby properties. Any impact on bats can be addressed by condition. Accordingly, the application is recommended for approval.
Recommendation: Approve subject to conditions
119
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. 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 protect the character and appearance of the building.
4. The roof light(s) shall be fitted flush with the plane of the roof in accordance with details to be submitted to and approved by the Local Planning Authority, before the commencement of the development, and retained thereafter.
Reason
To ensure the development fits in visually with the existing building and safeguards the character and visual appearance of the locality.
5. No alterations shall be carried out to the walls and roof of the existing building(s) other than those shown on the approved plan unless otherwise agreed in writing by the Local Planning Authority.
Reason
For the avoidance of doubt.
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
120 and visual appearance of the locality.
7. 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.
8. No development shall take place unless and until a programme of building survey and recording (in line with the specification produced by The Royal Commission on the Historical Monuments of England) has been carried out in accordance with a written scheme of investigation which shall have been submitted to and approved in writing by the Local Planning Authority.
Reason
To ensure a proper record of the building is made.
9. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Boscow 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.
10. Before development commences details of the treatment to all boundaries to the site shall be submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full before the development is first occupied or brought into use and retained thereafter.
Reason
To ensure adequate standards of privacy are obtained and to enhance the setting of the development within the landscape character of the locality.
11. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any order amending or replacing that order) no extensions, porches, garages, outbuildings, sheds, greenhouses, oil tanks, or hardstandings shall be erected within the curtilage of (any of) the approved dwellinghouse(s), other than those expressly authorised by this permission.
Reason
The site lies within the Green Belt as defined within the Council's Unitary Development Plan, and further extensions could prejudice the aims and purposes of the Green Belt.
12. Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning General Permitted Development Order 1995 (or any Order amending or replacing that Order) no dormers shall be constructed or other alterations to the roof carried out on the approved dwelling(s) other than those expressly authorised by this permission.
Reason
To safeguard the architectural character and appearance of the dwelling.
13. Notwithstanding the provisions of Class A to Schedule 2 Part 2 of the Town and Country Planning
121 General Permitted Development Order 1995 (or any Order amending or replacing that Order) no fences, gates, walls shall be erected within the curtilage of (any of) the approved dwelling house(s) other than those expressly authorised by this permission.
Reason
The development has been designed with specific regard to the design of boundaries and new fences and walls in these positions would spoil the appearance of the site.
14. The curtilage of the property is being treated for planning purposes as that edged red on the approved plan received on 06/10/06 and referenced 1248-Siteplan.
Reason
For the avoidance of doubt as to what is permitted.
15. Prior to the commencement of development, the developer shall carry out a desktop study to investigate the likelihood of contamination of the site and this desktop study shall be submitted for the approval of the Local Planning Authority.
Based on the results of the approved desktop study where contamination is suspected the developer shall submit a sampling and analytical strategy for approval by the Local Planning Authority prior to the commencement of any on-site investigation. A site investigation should be carried out in accordance with the approved sampling and analytical strategy to assess the extent of any likely contamination of the site. The methodology should be designed utilising the British Standard BS10175: 2001.
The site investigation shall address: -
1) the nature, degree and distribution of contamination and underground gases on the site
2) its implications on:-
(i) the Health and Safety of site workers and nearby persons
(ii) building structures and services
(iii) landscaping schemes
(iv) final end users of the site
(v) the environmental pollution of ground water
Should the desktop study indicate no issues, but during development contamination is found, the developer shall contact the Local Planning Authority promptly, and submit details of a site investigation and remedial measures for the approval of the Local Planning Authority.
On completion of a site investigation a report shall be submitted to the Local Planning Authority for approval. Within the site investigation report it must identify any remedial measures required to deal with any hazards identified. This should be carried out using the most appropriate risk assessment methodology for the purpose (e.g. CLEA or the SNIFFER method etc) and any remedial measures required shall be implemented by the developer prior to the occupation of the site.
A validation report is required prior to the discharge of this condition confirming that all remedial action required to make the site safe for use has been completed.
It is recommended that a copy of the validation certificate showing safe for end use also be supplied
122 to the purchasers of the properties to assist in conveyancing in later years.
Reason
To ensure the safe development of the site and eliminate risk to people and buildings due to contaminated land.
16. Prior to the commencement of any work on site a further bat survey shall be carried out in the summer months and the report submitted to the Local Planning Authority for approval.
Reason
In the interests of bat conservation.
17. Prior to the commencement of any work on site details of mitigation measures to ensure that bats can roost in the building shall be submitted to and approved in writing by the Local Plannning Authority. Such details as are approved shall be implemented in full before the building is first occupied and retained thereafter.
Reason
In the interests of bat conservation.
123 124 125 126 127 128 129 130 131 132 Date of Meeting: 30 November 2006 Item Number: 10
Application Reference: 75591/06
Type of Application: Full Planning Application Registration Date: 10/10/2006 Decision Due By: 05/12/2006 Responsible Alex Allen Officer:
Location: 81 AUBURN STREET, BOLTON, BL3 6UE
Proposal: CHANGE OF USE OF VACANT MOSQUE TO USE FOR MAKING/SALE OF CHAPATI/ROTI.
Ward: Rumworth
Applicant: Mr R Ali Agent :
Officers Report
Proposal The application proposes the change of use of an end terraced property to a premises which would make and sell chapattis to be consumed off the premises. The chapattis would be cooked using a conveyor oven system. It is proposed that the cooking of the food will be at the back of the building with a counter at the front of the premises selling the chapattis.
The proposed hours of operations would be limited to 11 am to 2 pm and 5pm to 8pm seven days at week with only one person being employed on the site.
The last use of No. 81 and No.83 Auburn Street was as a mosque.
Site Characteristics The application site is an end terraced property located at the junction of Caroline Street and Auburn Street. The application site has a single storey extension at the rear of the premises. The wider area is characterised by similar properties which are in residential use.
The site backs onto St Paul’s Mill which is currently used as a mosque (Ghosia Hall) and for a number of industrial purposes.
Policy UDP (2005) EM2 Incompatible Uses EM3 Pollution D2 Design A5 Roads, paths, servicing and car parking A6 Maximum car parking A9 Access for people with disabilities
Planning Control Policy Notes
133 No. 9 The Location of Restaurants, Cafes, Public Houses and Hot Food Takeaways in Urban Areas. No. 21 Highways Considerations
History Planning permission was granted on appeal in May 1995 (Ref: 23336/84) for the change of use of the premises from a dwellinghouse to an education centre for up to 25- 30 children aged between 5 and 12. The permission was restricted to 5pm to 7pm Monday to Friday and for a limited period of two years to fully assess the impact of the proposal.
Planning permission was granted in June 1987 for the continued use of the premises as a madrassa (Ref: 29055/87). In addition, planning permission was refused in November 1997 for the erection of a two storey rear extension to form toilet area and extra teaching area for the madrassa. The proposal was refused on the impact the proposal would have on residential living conditions.
Technical Consultations Bolton Council - Environmental Health Officers:-no formal comments have been submitted. Comments will be reported at the Committee meeting.
Representations Letters:- six letters of objection have been received raising the following issues:
• limited car parking provision and existing car parking problems in the area; • smells/hygiene problems - from rubbish stored by the proposed use.
One letter of support has been received from the adjacent mosque.
Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.
Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.
Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.
It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.
The main impacts of the proposal are:-
* principle of the proposed change of use * impact on highway safety; * impact on the living conditions of existing residential properties.
134
Principle of the proposed change of use The proposal would introduce a restricted hot food takeaway (A5 use) into a predominantly residential area. Guidance is contained within UDP policy EM2, EM3 and S7 and PCPN No. 9 whereby the Council will permit development proposals for hot food takeaways that do not adversely affect the living conditions of nearby residents/uses Proposals will be considered against a number of considerations including:
• highway safety, • noise and disturbance, and • smells and odours.
Local residents have raised objections on all the key issues raised by Policy S7 of the UDP. Residents have stated that the existing situation in the area is poor with a number of uses including the adjacent mosque, local school and businesses located within the adjacent mill causing the streets to become congested on a regular basis.
Impact on highway safety The views of the Council's Highways Engineer will be reported at the Committee meeting.
The applicant has stated that due to the specialised nature of the use chapattis are required to be served hot, therefore the proposed use would only draw customers from a highly localised section of the resident population.
Notwithstanding no formal Highways comments being received, it is considered that the proposed reuse of the former madrassa building would not result in further congestion problems in the area. It is considered the proposal would meet a specific local need, serving the local community who would not use their cars to visit the premises, with restricted hours and would be a relatively small scale use.
It is considered appropriate to restrict the proposed use to a period of 2 years in order to examine the impact of the proposal in more detail.
Impact on the living conditions of existing residential properties Policy S7 and PCPN 9 of the UDP all seek to maintain the living conditions of existing residents. PCPN 9 clearly states that where there is residential accommodation adjacent to the site concerned uses of this nature will not be acceptable.
Historically the No's 81 and the adjacent property, No. 83 were used as part of the madrassa. However, as this use has now discontinued the property has not returned to residential use. In addition, as the property is end terraced with no residential accommodation at the rear or side of the premises it is considered that the proposal would have a limited impact on residential occupiers along Auburn Street or the surrounding streets.
135 Conclusion It is considered that the proposed for a hot food takeaway is not ideal in terms of it's location in close proximity to residential properties and other commercial/community uses and the congestion that exists at certain times around the site.
However, on balance, it is considered that due to the highly specific nature of the product which would be made/sold on the site, the end users of the product being specific to the surrounding area, limited hours of operation, small scale nature of the proposal and restrictions placed on the applicant the proposal is acceptable and is recommended for approval.
Recommendation: Approve subject to conditions
Recommended Conditions and/or Reasons
1. This permission shall expire on 29/11/08 when the use of the building(s) hereby approved shall cease.
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.
2. The development hereby approved/permitted shall not be brought into use unless and until details of facilities for the storage of refuse and waste materials have been submitted to and approved by the Local Planning Authority and completed entirely in accordance with the approved scheme. The approved facility shall be retained thereafter unless otherwise agreed in writing with the Local Planning Authority.
Reason
To safeguard the character and visual appearance of the area and to safeguard the living conditions of any nearby residents particularly with regard to odours and/or disturbance.
3. No activities and/or operations shall take place on the site which release odorous emissions to the atmosphere without first submitting a scheme to the Local Planning Authority for approval showing details of the means of extraction and filtration of the odorous emissions and methods to be employed to prevent noise disturbance. The approved scheme shall be implemented in full before such operations and/or activites are first commenced and retained thereafter at all times.
Reason
To safeguard the living conditions of neighbouring residents particularly with regard to the effects of odours.
4. The ground floor of the premises shall be used for the making and sale of chapati's only and for no other purpose and this use shall be confined to this floor only.
Reason
To safeguard the living conditions of neighbouring residents particularly with regard to the effects of odours.
136 5. The premises shall be used for the making and sale of chapati's and for no other purpose (including any other purposes in Class A5 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order).
Reason
To safeguard the living conditions of neighbouring residents particularly with regard to the effects of odours.
137 138 Date of Meeting: 30 November 2006 Item Number: 11
Application Reference: 75546/06
Type of Application: Full Planning Application Registration Date: 06/10/2006 Decision Due By: 01/12/2006 Responsible Sara Flanagan Officer:
Location: 1 WYTHBURN AVENUE, BOLTON, BL1 6BG
Proposal: ERECTION OF CONSERVATORY AT REAR
Ward: Smithills
Applicant: D & K Richardson Agent :
Officers Report
Site Characteristics The site consists of one of a pair of semi detached dwelling houses both of which have rear extensions that extend across the whole width of each property. The Applicant's property has a two storey side extension which is adjacent to Normandale Avenue. A two metre high wall/fence marks the south western boundary adjacent to Normandale Avenue and a lower fence (approx 1.5 metres) runs along the side boundary at the rear of 1 and 3 Wythburn Avenue.
Policy UDP Policies D2 Design; PCPN3 House Extensions.
History Planning permission was granted in April 1987 for a single storey rear and two storey side extension (28825/87).
Representations Letters:- one letter has been received from the adjoining neighbour raising objections on the grounds that the size and bulk of the extension would be excessive when viewed from the adjacent lounge, the proposed addition would be out of character with the dwelling and there would be a loss of natural light.
Elected Members:- Councillor Mrs Swarbrick has requested an advanced site visit by Members and that the application be presented to the Planning and Highways Committee for determination.
139 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 proposed conservatory would project 3.1 metres from the rear elevation of the property and a similar distance from the adjoining property at 3 Wythburn Avenue. It would have a mono pitched roof which would be no higher than 2.6 metres when measured to the ridgeline from ground level.
PCPN3 provides that, as conservatories are constructed of glazed panels, such extensions can project 3.7 metres from the rear elevation without having an unreasonable impact upon the living conditions and outlook of neighbouring properties. The Applicant's proposal would be well within this measurement. The north eastern elevation would need to be fitted with obscure glazing to protect the privacy of both the Applicant and the neighbour at 3 Wythburn Avenue as only low fencing stands at the party boundary. However, this requirement can be secured by a planning condition and subject to this stipulation it is considered that the proposal conforms to policy. 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.
2. The facing materials to be used for the external walls 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.
140
3. Unless otherwise agreed in writing with the Local Planning Authority, prior to the development hereby approved/permitted being brought into use, the conservatory windows in the north eastern elevation (facing 3 Wythburn Avenue) 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.
141 142 143 144 Date of Meeting: 30 November 2006 Item Number: 12
Application Reference: 75637/06
Type of Application: Full Planning Application Registration Date: 16/10/2006 Decision Due By: 15/01/2007 Responsible Martin Mansell Officer:
Location: BRYNMOOR, HARPERS LANE, BOLTON, BL1 6HR
Proposal: DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF FIFTEEN DWELLINGS.
Ward: Smithills
Applicant: Wainhomes (Northwest) Limited Agent : Sedgwick Associates
Officers Report
Proposal The Applicant proposes the demolition of the house known as "Brynmoor" and the subsequent redevelopment of the site with 15 three-storey dwellings in a courtyard arrangement, together with associated car parking and landscaping. The dwellings are each provided with private landscaped amenity space at the rear, together with two car parking spaces , either in the form of allocated hardstanding or a garage. The site would be accessed from Harpers Lane via the existing access to Brynmoor.
The front elevations of plots 1, 11, 12, 13, 14 and 15 face Harpers Lane, with the rest fronting on to the internal courtyard.
Site Characteristics The existing building is a large two storey early 20th century villa set in substantial grounds. Brynmoor is set back from the road and the front boundary consists of the dwarf wall with mature trees and other planting. A number of trees subject to a Tree Preservation Order are located near the boundaries of the site.
This part of Harpers Lane is mixed in character. In general, development has a linear pattern with houses fronting the road, including the large Victorian terraces opposite. Contrasting with this general pattern is the courtyard development of Canon's Close to the west, together with the modern backland development of Riefield and Milnholme to the north. Housing designs vary from the Victorian terraces mentioned earlier, inter-war semis, former local authority housing and a small number of 1960s / 70s designs.
Policy PPS1 Delivering Sustainable Development PPG3 Housing
UDP Policies H3 Housing, D2 Design, N7 Trees, Woodland and Hedgerows, N9 Species Protection, A5 Roads, Paths, Servicing and Car Parking
145 History Planning permission was refused in 2006 for the demolition of Brynmoor and the erection of 15 dwellings on the grounds of being an over-development of the site which would result in a built form would be out of character with the surrounding locality in terms of layout, density, height, massing, architectural style, materials and landscaping. The decision to refuse was upheld at appeal, and a copy of the Inspector’s decision letter is provided at the end of this report. (71869/06)
Planning permission was refused in 2005 for the demolition of Brynmoor and the erection of 13 dwellings on the grounds of failing to respect the character of the area, unacceptable impact on trees and failing to contribute to urban regeneration (69744/04). An appeal was lodged against this refusal, and then subsequently withdrawn.
Technical Consultations Bolton Council - Highway Engineers:- consider the location of garage to plot 15 to be inappropriate in relation to the access. A bin store is required close to Harpers Lane. The Council’s maximum parking standards should be adhered to. Footpath 162 to the west of the site must remain open.
Bolton Council - Environmental Health Officers:- no objection subject to a contaminated land study.
Bolton Council - Tree and Woodland Officers:- all issues have been resolved and no objection is raised.
Bolton Council - Conservation and Urban Design Officers:- raise no objection to the proposal.
Greater Manchester Police - Crime Prevention Officers:- raise concerns regarding lack of natural surveillance, the "gated" design of the layout, the front boundary treatment and the recessed entrance doors of the Warren type.
Greater Manchester Ecology Unit - agree with the findings of the bat survey and accepts that there is no evidence of current use by bats. However, it is noted that the surrounding habitat is very good for bats and therefore occupation may occur in the interim between permission being granted and work commencing. It is recommended that a further survey be carried out prior to demolition of the building and an appropriate condition has been attached to that effect.
Representations Three letters of objection have been received from residents of the Harpers Lane area. One letter of objection has been received from the Bradshaw area. The grounds of objection include:-
• it is against Council policy and the wishes of residents • will cause damage to the local environment • trees, wildlife and traffic flows will be affected
146 • Harpers Lane is narrow, traffic is already heavy and further development will add to the existing noise, inconvenience and danger. • The loss of trees at the site has already had a noticeable impact on wildlife • The modern townhouses are at odds with the character of the area] • Enough development has occurred on Harpers Lane • Brynmoor should be restored and developed into four flats
A letter of support has been received from a resident of the Astley Bridge area, formerly a resident of the application area. The grounds of support are high quality homes are a much needed asset to a town.
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:-
* the principle of residential development * impact on the character and appearance of the area * impact on the road network
The Principle of Residential Development National policy on residential development is contained in PPG3 Housing. 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 reflective of the contemporary approach to sustainable housing developments and the approach is consistent with that contained in PPG3.
The Inspector agreed that as the site consists of the curtilage of a house, it therefore falls to be considered as previously-developed land according to PPG3. Whilst the house is considered to make a positive contribution to the character and appearance of the area, it is neither a Listed Building nor does it lie within a Conservation Area. After being consulted on the previous proposal, English Heritage took the view that Brynmoor did not meet their criteria for Listing.
The site is within the urban area and well-related to public transport routes via Halliwell Road and Church Road, is accessible by cycling and walking and is well located in
147 relation to places of work and services. The character of the surrounding area is wholly residential.
The Inspector agreed that the principle of the residential development of the site is considered to be acceptable.
Impact on the Character and Appearance of the Area UDP Policy D2 encourages proposals that make a contribution to good urban design. Policy N7 seeks to ensure that new development does not harm important trees within or surrounding a proposed development site.
In her decision letter determining the outcome of the recent appeal, the Inspector stated :-
“Having regard to advice in PPS1, “By Design” and “Better Places To Live”, it is, in my view, imperative that the buildings at the front of the site should integrate well with the street. A significant shortcoming of the proposed scheme in this respect, is that the forward most of the buildings proposed include the side of a bin store and garage block, the side elevations of a pair of ‘back-to-back” semi-detached dwellings that would set sideways on to the road, and a side elevation of a garage block with residential accommodation above”
The previous proposal therefore failed to create an active frontage to Harpers Lane. There were some blank elevations facing the road and the windows that did look south served rooms such as kitchens and bedrooms, rather than family living accommodation. The majority of properties in the area face the highway. The proposal now under consideration has the six southernmost dwellings fronting on to Harpers Lane. Footpaths have also been added to the southeastern corner of the site to further encourage an active frontage.
The design of the individual houses is varied but the majority share features common to the nearby Victorian properties such as the timbered gables and regularly spaced windows.
The density of the proposed development equates to 30 dwellings per hectare, the minimum recommended by PPG3 Housing. It complies with the minimum interfaces required by PCPN2.
A further condition has also been added regarding the submission of proposed ground level details.
Following discussions with the Council's Tree and Woodland Manager, the layout of the site was designed to minimise the impact on the boundary trees. This also means that the site complies with the interface standards required by PCPN2 as the dwellings have been brought into the site as much as possible. Furthermore, the courtyard layout of the site means that the dwellings benefit from natural surveillance due to mutual overlooking. For this reason, the concerns of Greater Manchester Police are not considered to be justified as a reason for refusal.
148
The impact of the proposal on the character and appearance of the area is considered to be acceptable. It is also considered that the applicant has fully considered the outcome of the recent appeal and has made significant alterations to the scheme in order to improve the design.
Impact on the Road Network UDP Policy A5 seeks to ensure that new development proposals make adequate provsion for access, servicing and car parking.
During the determination of the first application at this site, the Council's Highway Engineers carried out two surveys at the Harpers Lane / Church Road junction during the morning peak hours (8:10-8:30 and 08:45-9:00). A computer model of the new development showed that it would be likely to generate 12 additional movements during the peak period, which is insignificant in comparison to existing flows.
Parking for vehicles would be within the curtilage of the site at a ratio of two spaces per dwelling. This is not considered to create an unacceptable demand for parking provision on Harpers Lane. Whilst the ratio of spaces per dwelling is above the 1.5 ratio recommended by PPG3, given the layout of the site and the likely future occupants of the dwellings, a parking provision above the recommended maximum level is considered to be appropriate.
The Inspector considered the appeal proposal to be acceptable in highway terms, stating: “I have no reason to suppose that the proposal would increase the level of vehicle conflict to an extent that would unacceptably worsen existing highway safety or the free flow of traffic on Harpers Lane.”
Subject to some minor amendments which will be reported at the meeting, it is not considered that the development will have an unacceptable impact on the road network.
Value Added to and by the Development The proposal is the result of a number of pre-application discussion involving Planning Officers, Design and Conservation Officers, Highway Engineers and the Tree and Woodland Manager. The comments of the Inspector who dealt with the appeal have been taken into account and are reflected in the revised design.
Conclusion The Council's Design and Conservation Officers consider the loss of Brynmoor to be regrettable, however it remains the case that no effective controls exist to ensure its retention. Whilst the Council was successful at the recent appeal, it is clear from the Inspector’s decision letter that there was no issue with the general principle of the development, only that the orientation of the southernmost dwellings would have prevented successful integration into the existing streetscene. This has been corrected in the latest scheme, which is now recommended for approval.
Recommendation: Approve subject to conditions
149 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. 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.
3. 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.
4. The screen fences/walls/railings 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 fences/walls/railings 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 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.
6. 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 3 has been erected.
150 Reason
In order that the Local Planning Authority can inspect the protective fencing with a view to avoiding damage to trees within and over hanging the site which are of important amenity value to the area.
7. The mullions, cills and heads to the window and external doors of the development shall be in natural reclaimed stone of a colour and texture to match those of the existing building.
Reason
To ensure the development safeguards the character and visual appearance of the locality.
8. 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.
9. 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 safeguards the character and visual appearance of the locality.
10. 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 no greater than 5 LUX. 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.
11. Before development commences details of the proposed garage door(s) hereby approved/permitted shall be submitted to and approved by the Local Planning Authority. The approved/permitted door shall be installed before the garage is first used, and retained thereafter unless otherwise agreed in writing with the Local Planning Authority.
Reason
To safeguard the visual appearance of the area.
12. Prior to the occupation of the dwelling houses hereby permitted provision shall be made for the parking or garaging of a 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) other than a garages, 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.
151
13. The garages hereby approved 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.
14. The integral garages hereby approved 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.
15. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Harpers 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.
16. The development hereby approved shall not be brought into use unless and until a visibility splay measuring 2.4m metres by 45m metres is provided at the junction of the access with Harpers 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.
17. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular access onto Harpers Lane 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 Harpers Lane, other than as shown on the approved plan.
Reason
In the interests of highway safety.
18. No development shall be commenced unless and until full details of the highway works at Harpers Lane comprising traffic calming measures 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.
19. Based on the results of the approved desktop study where contamination is suspected the developer shall submit a sampling and analytical strategy for approval by the Local Planning Authority prior to the commencement of any on-site investigation. A site investigation should be carried out in accordance with the approved sampling and analytical strategy to assess the extent of any likely contamination of the site. The methodology should be designed utilising the British Standard BS10175: 2001.
152 The site investigation shall address: -
1) the nature, degree and distribution of contamination and underground gases on the site
2) its implications on:-
(i) the Health and Safety of site workers and nearby persons
(ii) building structures and services
(iii) landscaping schemes
(iv) final end users of the site
(v) the environmental pollution of ground water
Should the desktop study indicate no issues, but during development contamination is found, the developer shall contact the Local Planning Authority promptly, and submit details of a site investigation and remedial measures for the approval of the Local Planning Authority.
On completion of a site investigation a report shall be submitted to the Local Planning Authority for approval. Within the site investigation report it must identify any remedial measures required to deal with any hazards identified. This should be carried out using the most appropriate risk assessment methodology for the purpose (e.g. CLEA or the SNIFFER method etc) and any remedial measures required shall be implemented by the developer prior to the occupation of the site.
A validation report is required prior to the discharge of this condition confirming that all remedial action required to make the site safe for use has been completed.
It is recommended that a copy of the validation certificate showing safe for end use also be supplied to the purchasers of the properties to assist in conveyancing in later years.
Reason
To ensure the safe development of the site and eliminate risk to people and buildings due to contaminated land.
20. 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.
21. Prior to the commencement of any development works on the site, the developer shall undertake a survey of the building to establish whether or not is it used as a roosting site for bats. Where bats or their habitat are found to be present, a mitigation report shall be prepared and submitted to the Local Planning Authority. No development or site clearance shall take place until the Local Planning Authority has agreed the mitigation measures in writing, and these measures shall then be implemented in full in accordance with the approved details.
Reason
To protect the interests of any protected species which may be present on the site.
153 154
22. 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.
155 156 157 158 159 160 161 162 163 164
Date of Meeting: 30 November 2006 Item Number: 13
Application Reference: 75525/06
Type of Application: Full Planning Application Registration Date: 03/10/2006 Decision Due By: 28/11/2006 Responsible Pat Naylor Officer:
Location: 80 DOBB BROW ROAD, WESTHOUGHTON, BOLTON, BL5 2BB
Proposal: ERECTION OF A PART TWO STOREY EXTENSION AT SIDE AND PART SINGLE AT REAR. DEMOLITION OF EXISTING DETACHED GARAGE AND CONSERVATORY.
Ward: Westhoughton South
Applicant: Mr & Mrs D Walmsley Agent : Mr F Whittaker
Officers Report
Proposal The proposal includes a number of components:
• two storey side extension measuring 4.602 metres wide duplicating the design of the existing dwelling providing a dining room, utility and cloaks with two bedrooms above; • a lower roofed two storey adjacent set back 3.9 metres from the front elevation measuring 3.2 metres wide to accommodate a replacement garage with a parking space in front and an en suite above; • demolition of the existing single garage at the side; • rear single storey extension wrapping around to the side of the garage and to the rear of the proposed dining room providing space described as a treatment room and waiting area for the applicants business as a Physiotherapist/State Registered Acupuncturist. The use of the treatment room would be for private work and be limited to 20 hours a week; • proposed balcony above the treatment room; and the • demolition of the existing conservatory and it's replacement with a garden room.
Site Characteristics This is an end pavement fronted terraced dwelling within a row of five of which the applicant resides next door at 78 Dobb Brow Road. The intention is to exchange properties with the current owner of 80 Dobb Brow Road as this has more land. The access to these properties is via an unmade unadopted highway.
The property benefits from good tree and shrub screening to the rear and side boundaries. The land at the side of the property forms the garden area of the No. 80.
Policy UDP (2005) D2 Design 165 E7 Working from Home A5 Roads, paths, servicing and car parking
Planning Control Policy Notes No. 3 House Extensions No. 24 Working from Home
Technical Consultations Bolton Council - Highway Engineers:- raises no objections to the extensions as the parking would remain unchanged however does object to the treatment room on the grounds of increased traffic activity.
Representations Letters:- two letters have been received objecting on the grounds of: * running a business within a residential area * increase in traffic * existing road is unmade and unadopted and no turning space * extension not in keeping with existing cottages. * overlooking from the balcony
One letter of support has been received from the current occupant of 80 Dobb Brow Road.
Petitions:- one of the individual letters of objection has been condensed and circulated to the local residents of which there have been 22 returns.
Town Council:- Westhoughton Town Council have recommended that this application be refused.
Analysis Section 38 of the Planning and Compulsory Purchase Act 2004 requires applications to be determined in accordance with policies in the Development Plan unless material considerations indicate otherwise.
Applications which are not in accordance with Development Plan policies should be refused unless material considerations justify granting permission.
Similarly, proposals which accord with Development Plan policies should be approved unless there are material considerations which would justify a refusal of permission.
It is therefore necessary to decide whether this proposal is in accordance with the Development Plan and then take account of other material considerations.
The main impacts of the proposal are:
* Impact on the character of the area * Impact on traffic regarding business use * Impact on highway safety.
166 * Impact on neighbouring properties
Impact on the character of the area Policy D2 of the UDP and PCPN3 seek to ensure that new development contributes to good urban design and is compatible in terms of architectural style, height and massing. The proposed two storey extension would be mirrored with the existing dwelling and would therefore not be out of character with the existing house. The smaller two storey extension which provides the garage and en suite above would be set back from the front of the dwelling and sited with a lower roof. This would be subservient to the main dwelling. The rear and side boundaries enjoy good tree and shrub treatment which contribute to screening the proposals from the west and south.
Impact on traffic regarding business use Part of the criteria stated under Policy E7 of the UDP and PCPN No. 24 on Working from Home states that the character of the dwelling house or the area should not be altered nor should the use involve exclusive use of a significant part of the house for business purposes and the use should not generate significant amount of traffic.
The proposed part of the extension shown to be used as a treatment room will be confined to the rear of the dwelling and would not impact on the neighbouring residents. The applicants business use would be limited to no more than 20 hours per week and would use only a small part of the proposed extensions. It is likely that only one customer could be treated at any one time and therefore there would be no significant increase in traffic activity.
The applicants agent claims that this limited use would not constitute a material change of use, being ancillary to the residential use of the dwelling. Notwithstanding the proposal would not be a material change of use it is considered appropriate to place a condition which would ensure no increase in the business use activity.
Impact on highway safety Policy A5 of the UDP seeks to ensure that new development proposal make adequate provision for vehicular and pedestrian access arrangements and car parking.
Off street parking would still be available for one car within the proposed garage together with an additional parking space in front of the garage which is in accordance with PPG13 on Transport which seeks a maximum of 1.5 car parking spaces per dwelling. This is equal to the existing parking arrangements. The Council's Highways Engineer states that the extension does not change the existing parking provision and there are no objections to this on highway grounds. However, the Council's Highways Engineer also states that the proposed treatment room, if used on a commercial basis will increase vehicle movements along Dobb Brow Road which is sub-standard in terms of width, lack of foot ways and restricted forward visibility. The change of use element is unacceptable and should be deleted or the application refused.
167 Impact on neighbouring properties Part of the proposal is to provide a balcony above the proposed treatment room. This is considered to create overlooking issues into the garden of the adjacent dwelling. The agent has verbally confirmed that this element will be replaced with a roof to tie in with the single storey extension at the rear and amended plans will follow in due course.
To the rear of the existing property is a conservatory which is to be demolished and replaced by a single storey extension to form a garden room. The adjacent dwelling has erected a conservatory at the rear and therefore the proposed extension would not impinge on any neighbouring principal room windows. The proposed side and rear extensions would not directly overlook any neighbouring properties. The rear and side boundaries enjoy good landscaping which contribute to screening the development from the west and south.
Conclusion Although the proposal is for a large extension in terms of scale, this dwelling is an end cottage with a large garden to the side which has good landscaping on the boundaries to screen the majority of the extensions. It is not anticipated that there would be a significant increase in traffic given the limited use of business activity. This business use is ancillary to the main residential use of the dwelling and therefore does not amount to a material change of use. For the above reasons. it is recommended that this application be approved.
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.
168
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 the side elevations of the development hereby approved/permitted other than those shown on the approved drawings nor shall those existing windows, doors or other openings be enlarged or altered.
Reason
To ensure adequate standards of privacy are obtained.
4. The business use activity of the applicant shall be ancillary to the use of the house as a dwelling.
Reasons
To safeguard the amenities of nearby residents.
5. No development shall be commenced unless and until details of all alterations to the external appearance of the rear elevation, including the removal of the proposed balcony and it''s replacement with a mono pitched roof, required for the purpose of implementing this permission 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
For avoidance of doubt.
169 170 171 172 173 174 Date of Meeting: 30 November 2006 Item Number: 14
Application Reference: 75589/06
Type of Application: Full Planning Application Registration Date: 09/10/2006 Decision Due By: 04/12/2006 Responsible Catherine Tetlow Officer:
Location: 75-77 MARKET STREET, WESTHOUGHTON, BOLTON, BL5 3AA
Proposal: CHANGE OF USE FROM BETTING SHOP TO BAR AND RESTAURANT (CLASSES A3 + A4) TOGETHER WITH SINGLE STOREY REAR EXTENSION AND EXTERNAL ALTERATIONS.
Ward: Westhoughton South
Applicant: La Copa Agent : Lee Architects Ltd
Officers Report
Proposal The application is for the change of use of the premises to a bar/restaurant. The last use of the building was a bookmakers. A single storey rear extension into the rear yard is also proposed.
Site Characteristics The property is detached, lies on Market Street within Westhoughton town centre, and is currently vacant. The front elevation has character and the building's scale is imposing in relation to other nearby properties reflecting its historic use as a bank. Either side are commercial properties fronting Market Street. To the rear are residential properties at Wood Street and Edward Street. To the south west is a public car park.
Policy UDP: EM2 Incompatible Uses; D2 Design; A5 Roads, Paths, Servicing and Car Parking; S7 Hot food takeaways and restaurants.
PCPN9 The Location of Restaurants, Cafes, Public Houses, Bars and Hot Food Takeaways in Urban Areas.
History None relevant.
Technical Consultations Bolton Council - Highway Engineers:- request that a link is provided to the Pavilion Square car park.
Greater Manchester Police:- request secure walls and gates to a minimum height of 2.1m and the use of laminated glass to any replacement windows.
Bolton Council Environmental Health Officers:- have concerns about the proximity of residential properties and recommend conditions. 175
Bolton Council Regeneration and Economic Development Division:- no objection to the change of use of the former bookmakers to a restaurant. The action plan for Westhoughton town Centre seeks to diversify the range of uses within the town centre and reduce the level of vacant units that give the centre a run down and closed feel, and this application is in keeping with the plan.
Representations Westhoughton Town Council:- raise objection on the grounds of too many similar uses in the town centre and their impact on local residents.
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 residential amenity * impact on the character and appearance of the area
Impact on residential amenity. Policies EM2 and S7 deal with incompatible uses and restaurant uses respectively. These policies express resistance to development likely to have unacceptable impacts on existing uses. PCPN9 provides detailed advice on bar and restaurant uses.
Westhoughton Town Council objects to the proposal on the grounds that there are a significant number of similar uses in the town centre. Whilst it is acknowledged that there are a number of hot food takeaways and pubs in the town centre, restaurant uses are not well represented. In any event, PCPN9 refers to a limit of four such uses within a 25m radius and there is only one other (a hot food takeaway) at No.79 Market Street. Two other hot food takeaways at No.89 and No.91 Market Street are outside the 25m radius.
There are a number of residential properties in close proximity to the site at Wood Street and Edward Street. However, in common with the application premises, they lie within Westhoughton town centre where activity throughout the day is to be expected. No objections have been received from these residents. PCPN9 accepts that bars and restaurants are appropriate in town centres, subject to control over the hours of operation (where there are residential properties within 50m). The proposed hours are
176 12.00 midday to 12.00 midnight Sunday to Thursday and 12.00 midday to 1.00 am Friday and Saturday. It is considered that these hours should be shortened to 12.00 midday to 11.30 pm Sunday to Thursday and 12.00 midday to 12.00 midnight Friday and Saturday consistent with PCPN9 in order to protect the residential amenity of people living in Wood St and Edward St.
With regard to the rear single storey extension, it is considered that there would be no adverse visual impact or loss of outlook. Potential for noise disturbance would be addressed by condition in relation to hours of operation and sound insulation.
Impact on the character and appearance of the area. UDP Policy D2 seeks to ensure that development is compatible with or improves its surroundings.
The application does not include material alterations to the front elevation of the building and therefore its appearance in the streetscene would not be changed apart from renovation which is to be welcomed. The rear yard is not readily visible from public viewpoints and therefore the rear extension would be substantially screened from view. There are trees/shrubs on the periphery of the site to the south which would also provide partial screening. It is considered that the extension would have no detrimental impact on the character and appearance of the area.
In general terms, the re-use of a currently vacant and prominent building should be supported. The action plan for Westhoughton town centre seeks to diversify the range of uses within the town centre and reduce the level of vacant units that give the centre a run down and closed feel. This application is in keeping with the plan and supported by REDD.
Other matters. The Council's Highway Engineers have suggested that a link is provided between the premises and the public car park to the south west. It is understood that the Applicant has looked into the possibility of achieving this, but such an arrangement does not form part of the current application.
Conclusion The proposal would bring a vacant building back into use and support the vitality and viability of Westhoughton Town Centre. No objections to the scheme have been received from local residents and it is considered that there would be no unacceptable impact on residential amenity subject to conditions. Accordingly, the application 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.
177 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. Before the commencement of the use hereby permitted, a scheme showing details of the means of extraction and filtration of cooking odours and methods to be employed to prevent noise disturbance shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full before the use hereby permitted is first commenced and retained thereafter at all times.
Reason
To safeguard the living conditions of neighbouring residents particularly with regard to the effects of odours.
4. 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.
5. 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 and security are obtained and to enhance the setting of the development within the landscape character of the locality.
6. The premises shall not be open to customers except between the hours of 09.00 and 23.30 Sunday to Thursday and between the hours of 09.00 and 24.00 on Friday and Saturday.
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.
7. The development hereby approved/permitted shall not be brought into use unless and until details of facilities for the storage of refuse and waste materials have been submitted to and approved by the
178 Local Planning Authority and completed entirely in accordance with the approved scheme. The approved facility shall be retained thereafter unless otherwise agreed in writing with the Local Planning Authority.
Reason
To safeguard the character and visual appearance of the area and to safeguard the living conditions of any nearby residents particularly with regard to odours and/or disturbance.
8. 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.
9. Before the development hereby approved/permitted commences, a scheme shall be submitted to and approved by the Local Planning Authority which specifies the provision to be made for the control of noise emanating from the site. The development shall be implemented in accordance with the approved details, which shall be operational prior to first use of the approved development and retained thereafter.
Reason
To safeguard the living conditions of nearby residents particularly with regard to the effects of noise.
10. No deliveries shall be taken at or dispatched from the site except between the hours of 08.00 and 18.00 Mondays to Fridays, and between the hours of 09.00 and 13.00 on Saturdays. No deliveries shall be taken at or dispatched from the site on Sundays or 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.
179 180 181 182 183 184 Date of Meeting: 30 November 2006 Item Number: 15
Application Reference: 75588/06
Type of Application: Full Planning Application Registration Date: 11/10/2006 Decision Due By: 06/12/2006 Responsible Pat Naylor Officer:
Location: THE BAKEHOUSE, 2 MARSHBANK, WESTHOUGHTON, BOLTON, BL5 3SR
Proposal: DEMOLITION OF EXISTING GARAGE AND ERECTION OF NEW BRICK GARAGE WITH GAMES ROOM.
Ward: Westhoughton North
Applicant: M Dean Agent :
Officers Report
Proposal This application is to demolish an existing detached double garage and replace with a double garage and a games room above, almost on the same footprint as the original garage.
Site Characteristics This is a recently built detached dwelling with the main access from Marshbank and sited between the rear of a row of terraced dwellings and more modern semi detached dwellings on Kennet Close. A second access can be gained from Central Drive which has a more open entrance. The front boundary is screened by a 1 metre high panelled fence with a 2 metre high hedgerow overlooking an unadopted highway. The property currently enjoys an existing double garage sited at right angles to the main dwelling.
Policy D2 of the UDP Design and Build PCPN3 House Extensions
History This application is a resubmission on a previous withdrawn application (70993/05). The applicant requested that this application be presented to members however, there was insufficient time to arrange this and the applicant was advised to withdraw and resubmit. This current application is as a result of this.
Technical Consultations Bolton Council - Highway Engineers:- raise no objection.
Representations Letters:- one letter has been received stating that although they cannot see the garage, they still wish to object to the proposal.
185 Town Council:-The Town Council requested an advanced site visit and that the Bolton Council Planning Committee determine the planning application.
Elected Members:- Councillor Price has requested that this application be presented to Members with an advance site visit.
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 impact of the proposal are:
*Impact on the character of the area;
Impact on the character of the area Policy D2 of the UDP states that development should be compatible with their surroundings in terms of layout, density, height and massing.
The existing garage which is to be demolished stands at a height of 3.4 metres. The proposed double garage would facilitate a games room in the roof area and would stand at a new height of 5.5 metres. The footprint of the existing garage would for the most part remain unchanged.
It is considered that the proposed garage would create a dominant feature in the street scene for a number of reasons:
• the additional increase in height of 2.1 metres; • its close proximity to the front boundary; • the access from Central Drive has an open aspect.
The impact of the proposal will be particularly dominant when viewed from Central Drive and the rear of 148 -152 Church Street. In view of this, it is considered that the proposed height of the garage would be contrary to Policy D2 of the UDP.
Conclusion It is considered that the proposed garage would be a detrimental feature in the street scene by reason of its increase in height. For the above reasons, it is recommended that this application be refused.
186
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 148-152 Church Street and is contrary to Policy D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".
187 188 189 190 Date of Meeting: 30/11/2006 Item Number: 16
Application Reference: 48800/96
Type of Application: Partial Discharge of S106 Unilateral Undertaking Registration Date: Decision Due By: Responsible Alex Allen Officer:
Location: CUTACRE TIP RECLAMATION AND OPENCAST COAL SITE, OFF SALFORD ROAD, BOLTON
Proposal: WINNING AND WORKING OF COAL BY OPENCAST METHODS AND EXTRACTION AND RECOVERY OF COAL BY WASHING METHODS WITHOUT COMPLYING WITH CLAUSE 4.6 OF THE UNILATERAL UNDERTAKING (REQUIRING THE REMOVAL OF A PROPORTION OF COAL BY RAIL)
Ward: Hulton
Applicant: UK Coal Agent :
Background Members will recall that the matter was deferred from the 20 July 2006 meeting to allow senior representatives of the Planning/Legal section to meet with representatives of UK Coal. At the last Committee meeting Members did not feel that the proposed highway improvement measures sufficiently compensated for the loss of the rail link.
This meeting was held between the Chief Planning Officer, the Council’s Legal representative and senior representatives from UK Coal. The matters were raised with UK Coal with the Company being asked to reconsider their position.
Subsequently UK Coal has stated that:
‘…there is no connection between the proposed contribution and the requirement in the Section 106 agreement…to use reasonable endeavours to provide a rail link. Nor is there any connection to any other obligation on the part of UK Coal in connection with the development of the Cutacre scheme. The proposed payment is purely a goodwill gesture on the part of UK Coal towards local community projects.’
Proposal In April 2006 UK Coal applied to the three Mineral Planning Authorities (MPAs) to request agreement that their obligations with regard to Clause 4.6 could be discharged.
Clause 4.6 places a requirements to transport no more than 25% of coal by road using junction 4 of the M61, with the remaining 75% of coal transported via the proposed rail link; and Clause 4.7 Restrictions on traffic entering and leaving the site other than from the M61.
Clause 4.6 is however subject to a two provisos whereby (i) UK Coal are required to “use all reasonable endeavours to obtain all necessary consents and authorisations required for the construction, connection to main railway running lines and use of a suitable rail- 191 loading facility”; and (ii) If the necessary consents and authorisations are not obtained within 12 months of commencing the development despite the use of all reasonable endeavours then the obligations of Clause 4.6 are discharged in their entirety.
Since permission was first granted, UK Coal have actively engaged in the process of securing a rail link facility and in 2005, UK Coal submitted a technical report, carried out by Corus, which sets out their justification to move all coal via road, straight onto the M61 at Junction 4. The submitted report investigated various options to install a rail head and new rail line into the site. The conclusions were that the cost of the rail link would be prohibitively expensive and consents to develop a rail removal facility would not be forthcoming. This is because of bridge repairs and suitability of the track in the Atherton area.
The three MPAs engaged an independent rail consultant, Capita Symonds, to assess the submitted report. Capita Symonds, following enquiries with Network Rail, concluded with the Corus report, and have advised that rail freight would not be able to use the Atherton line at present. Indeed the line through Atherton is on a “Fragile Route” list and is unsuitable for freight.
Corus predicted the costs would be £4.5m for building a freight terminal at the site, whilst Capita predicted costs would be in the region of £5.1 million. This cost is in addition to necessary track repairs. UK Coal advises that the cost is prohibitive as it would make the proposal unviable.
Policy Advice within the Minerals Planning Guidance (MPG2 & MG3) is that financial matters and reasonable endeavours are a material consideration when considering discharge of conditions.
“Consideration should be given to other means of transport such as rail, private haul roads, conveyors or canals where available. These should be investigated at an early stage for suitability. However, where economic factors compel the use of road transport, conditions attached to the planning permission might stipulate access points, vehicle washing equipment and operating hours” (Para C35, MPG3, ODPM, ).
Technical Consultations Highways Agency: - The Highways Agency was consulted on UK Coal’s proposal. However, at the time of the previous Committee they had failed to respond. The Highways Agency has now provided guidance on the proposal and has concluded that the volume of daily traffic movements does not look to be excessive. However, the Highways Agency would like the comfort of a Transport Assessment/Freight Management Plan to conclusively state that the proposal would not have a detrimental impact on the highway network.
Whilst in an ideal world a Transport Assessment/Freight Management Plan of the proposal would be beneficial this cannot be requested from UK Coal as they only need to prove that they have used all reasonable endeavours.
192 Analysis It is therefore necessary to consider whether UK Coal have used all reasonable endeavours as required by Clause 4.6.
An alternative way of transporting freight by Rail was identified by Capita Symonds, but this would involve local lorry movements, potentially on the non-trunk road network.
The relationship between non viability and obtaining the necessary consents of the rail operating companies is important. It is clear that the provision of a rail link is not economically viable. In order to obtain the necessary consents from the operating companies UK Coal would need to improve the existing infrastructure including existing track, bridge and signalling. This adds further financial and time constraints on the project.
UK Coal remains keen to pursue the potential for using alternative rail loading facilities within the region due to high road transportation costs. Notwithstanding UK Coal’s continued search for alternative rail facilities, from the report undertaken by Corus and through discussions with UK Coal representatives, it is considered that they have used all reasonable endeavours to obtain the necessary consents required to take coal directly from the site by rail.
Both Salford and Wigan MPAs have already formally approved the discharge of Clause 4.6 from the unilateral undertaking.
Other Matters UK Coal acknowledge their responsibility in assisting local community projects and in addition to the benefits which would be brought after removal of Cutacre tip and the restoration of the whole Cutacre site they have offered a sum of £50,000 towards two highway improvement schemes within the local area which will assist in bringing those schemes forward during the lifetime of the works at Cutacre. Council Highway Engineers consider that the proposed part funding of the local safety schemes will improve road safety along Watergate Lane and around the roundabout at junction 4 of the M61.
In addition to this and Clause 4.7 above, it is considered that additional ‘conditions’ be placed within an amended unilateral undertaking to secure the following: • provision of signposting; • sheeting of lorries before leaving the site; and • provision of sheeting bays
Conclusion Whilst discussions have been held to persuade UK Coal to provide all the funding for the two highway improvement schemes, this has proved unsuccessful. It is considered that UK Coal have used all reasonable endeavours in seeking to remove coal from the Cutacre site by rail and is no requirement for them to provide additional funding.
193 Furthermore, as the Highways Agency is of the view that the proposal would not result in excessive daily traffic movements, this limits the scope to ask for further contributions from UK Coal.
Therefore, Members are recommended that Clause 4.6 is discharged subject to the receipt of £50,000 from UK Coal towards local highway improvements schemes and the sheeting requirements outlined above.
Recommendation: Delegate to Director
194