Manchester City Council Item 8 Planning and Highways Committee 14 February 2013

Application Number Date of Appln Committee Date Ward 100783/JO/2012/N1 24th Oct 2012 14 th February And 2013 Ward

Proposal Variation of Condition 2 of Planning Approval F09340, and subsequent approvals to extend the range of A1 retail goods to be sold from the premises. Location Former Focus DIY Unit , Reliance Road/ Oldham Road, Newton Heath, , M40 1EZ Applicant PMB Holdings Limited, C/O Agent, Agent GVA, 81 Fountain Street, Manchester, M2 2EE,

Description

Site

The application relates to a vacant retail warehouse building (Formerly occupied by Focus DIY), its associated car parking and servicing area and a cleared area which previously contained a Petrol Filling Station. The application site is located on the western side of Reliance Street and to the immediate north of Oldham Road in the Miles Platting and Newton Heath ward of Manchester.

The existing building and surrounding land is in a dilapidated state and is enclosed by high level palisade fencing. The building is currently vacant and has been since Focus DIY went into administration in 2011. The application site sits part in and part on the edge of the defined Newton Heath District Centre.

To the front of the site facing Oldham Road is a cleared area which until recently contained a Petrol Filling Station which was approved under planning reference 30853 in March 1988. A condition of that approval allowed the sale of a number of retail goods from the petrol filling station and included amongst other things confectionery, soft drinks, tobacco, cigars, and cigarettes.

To the eastern side of Reliance Street opposite the application site is an area of industrial units; the north of the site is bounded by the recently opened Oldham Metrolink Line; to the south of the site on the opposite side of Oldham Road is an area of grassed open space with a part two part three storey red brick building forming offices and retail space; and to the west is a new residential development of houses and flats on the site of the former L’Oreal building. This residential development is progressing on site although is not yet complete.

Application proposals

The application seeks to vary a historic condition attached to the use of the building to extend the range of retail goods that can be sold. The current approval dating from 1979 allows for the sale of DIY related goods however subsequent applications and appeal decisions in 1982 and 1998 have extended the range of goods that could be Item 8 Planning and Highways Committee 14 February 2013 sold to include furniture, carpets, live pets, pet products and use as a grooming parlour as well as DIY related products.

Members of Committee will note that a report relating to a separate planning application for proposed external works to improve the building, car parking area and boundary treatments has also been prepared and is on the agenda for determination by Committee planning reference 100782/FO/2012/N1.

Planning History

Application No: F09340/N1 Proposal: Erection of a single storey warehouse for the display, sale and distribution of D.I.Y. goods, timber, and home improvement materials, with car parking and service area at side. Approved 07/02/1979

Application No: F13471 Proposal: Change of use from D.I.Y. Centre for storage and retail sale of furniture and carpets. Refused 30/07/1980

Application No: F14766 Proposal: Change of use of 16,295 sq. ft. of floorspace to permit their use for the retail sale of furniture and carpets, the balance to be used for DO-It- Yourself/homecare and storage. Refused 04/02/1981

Application No: F15949 Proposal: Change of use of premises to storage and retail sale of furniture and carpets. Refused 11/06/1981

Application No: 21224 Proposal: External fascia cladding to front elevation. Approved 20/03/1984

Application No: 054097/JO/NORTH2/98 Proposal: Variation of condition no.2 attached to planning ref. F09340 to allow sale of live pets, pet products and use as a grooming parlour. Approved 04/06/1998

Application No: 30853 Vacant land corner of Oldham Road/Reliance Street, Newton Heath. Proposal: Erection of new petrol filling station on vacant land. Approved 03/03/1988

Consultations Local residents were notified of the proposals no responses were received.

East Manchester Regeneration – Do not object subject to conditions restricting the sale of convenience goods and trading hours as indicated in the application submission.

Environmental Health – Have commented on this application and the application relating to external works to the building (reference 100782/FO/2012/N1) they recommend a number of conditions be attached to any consent relating to delivery and servicing hours. Manchester City Council Item 8 Planning and Highways Committee 14 February 2013

Highway Services – Have commented on this application and the application relating to external works to the building (reference 100782/FO/2012/N1). They comment: The applicant has submitted a Transport Statement this provides a concise analysis of the key issues associated with the application proposals. It is acknowledged that extant traffic generation for the former DIY store and the Petrol Filling Station is substantially higher than the proposed use of a discount retailer and additional smaller retail unit. In addition there is provision of the new pedestrian crossing facilities at Dean Lane Oldham Road, the linkage to new residential and the district centre will be adequate for the proposals.

Policy

Core Strategy

The Core Strategy Development Plan Document 2012 -2027 ("the Core Strategy") was adopted by the City Council on 11th July 2012 and is the key Development Plan Document in the Local Development Framework (LDF). It replaces significant elements of the existing Unitary Development Plan as the document that sets out the long term strategic policies for Manchester's future development, the Core Strategy is to be used as the framework that planning applications will be assessed against.

There are a number of relevant polices within the adopted Core Strategy relevant to the consideration of the current application in summary these are set out below.

Policy SP1 relates to the overarching spatial principles which will guide the strategic development of Manchester to 2027 these include: - Beyond the Regional Centre and the Airport, the emphasis is on the creation of neighbourhoods of choice, providing high quality and diverse housing around district centres which meet local needs, all in a distinct environment. - The City is covered by regeneration areas including the City Centre. All development should have regard to the character, issues and strategy for each regeneration area as described in the North, East, Central and South Manchester and Strategic Regeneration Frameworks and the Strategic Plan. - Development in all parts of the City should:- Make a positive contribution to neighbourhoods of choice including:- • creating well designed places that enhance or create character. • making a positive contribution to the health, safety and wellbeing of residents considering the needs of all members of the community regardless of age, gender, disability, sexuality, religion, culture, ethnicity or income. • protect and enhance the built and natural environment. • minimise emissions, ensure efficient use of natural resources and reuse previously developed land wherever possible. • improve access to jobs, services, education and open space by being located to reduce the need to travel and provide good access to sustainable transport provision.

Policy DM1 of the Core Strategy states: Manchester City Council Item 8 Planning and Highways Committee 14 February 2013 All development should have regard to the following specific issues for which more detailed guidance may be given within a supplementary planning document:- • Appropriate siting, layout, scale, form, massing, materials and detail. • Impact on the surrounding areas in terms of the design, scale and appearance of the proposed development. Development should have regard to the character of the surrounding area. • Effects on amenity, including privacy, light, noise, vibration, air quality, odours, litter, vermin, birds, road safety and traffic generation. This could also include proposals which would be sensitive to existing environmental conditions, such as noise. • Accessibility: buildings and neighbourhoods fully accessible to disabled people, access to new development by sustainable transport modes. • Community safety and crime prevention. • Design for health. • Adequacy of internal accommodation and external amenity space. • Refuse storage and collection. • Vehicular access and car parking. • Effects relating to biodiversity, landscape, archaeological or built heritage. • Green Infrastructure including open space, both public and private. • The use of alternatives to peat-based products in landscaping/gardens within development schemes. • Flood risk and drainage. • Existing or proposed hazardous installations. • Subject to scheme viability, developers will be required to demonstrate that new development incorporates sustainable construction techniques.

As set out within the issues section of this report below, the application proposals are considered to accord with policies DM1 of the Core Strategy.

There are four further Core Strategy policies that are relevant to the consideration of the application. Policies C1, C2, C4 and C9 relate to the provision of retail facilities in this area of Manchester.

Policy C 1 states that development of town centre uses (as defined in national planning policy) will be prioritised in the centres identified in this policy, taking account of the different roles of the City Centre, District Centres and Local Centres. District centres have an essential role in providing key services to the City's neighbourhoods including shopping, commercial, leisure, public and community functions, ensuring that residents can access such services easily. They are also a focus for the City's residential neighbourhoods, providing an important opportunity to define local character. Development in these centres should primarily respond to the needs of the catchment and recognise the need to support the vitality and viability of other centres.

Policy C 2 specifically relates to district centres and outlines that development will support thriving district centres, with distinct local character, providing a good range of accessible key services, including retail, health facilities, public services, leisure activities and financial and legal services. Development in District Centres should: - Prioritise delivery of key 'visitor' services, including retail, public and commercial services and food and drink. The Council will ensure that retail Manchester City Council Item 8 Planning and Highways Committee 14 February 2013 remains the principal use in Primary Shopping Areas, but also ensure that provision is made in District Centres for commercial and service uses, leisure and community facilities and other uses which make a positive contribution to vitality and viability of centres. Subject to impact on overall character and local amenity, the Council will support development which extends the time during which District Centres are active; - Promote the development of employment which provides opportunities for local people; - Promote the efficient use of land, particularly through considering options for multi-storey development. New development should positively contribute to the reuse and regeneration of land and premises, together with wider regeneration and investment strategies; - Contribute positively to the diversity and mix of uses within centres without undermining their primary retail function. Development should also promote a range of retailers and shop formats; - Promote choice and competition particularly where development will support the independent sector; - Remedy deficiencies in areas with poor access to facilities. - New development should respect and enhance the character of existing centres. - New development should deliver improvements to the quality and accessibility of the centre environment.

Policy C 4 relates to District Centres within East Manchester including Newton Heath. It states there is capacity for 4,000 square metres convenience and 1,000 square metres comparison retail development in East Manchester up to 2027, with a priority being improved provision in Newton Heath.

In Newton Heath there is additional capacity for a medium sized supermarket to provide a key anchor store, increasing the attractiveness of the centre This could be delivered within the existing District Centre boundaries, ideally as part of a mixed use development which can create a more varied range of uses in the centre. New development should be of a high quality and inclusive design, in order to improve the character and quality of the centre and the way it functions.

Policy C9 relates to retail developments that are located outside of existing district centres. The policy states development of town centre uses in locations which are outside a centre identified in policy C1 or a strategic location identified for such uses will be inappropriate unless it can meet the following criteria: - There are no sequentially preferable sites, or allocated sites, within the area the development is intended to serve that are available, suitable and viable. - The proposal would not have unacceptable impacts, either individually or cumulatively with recently completed and approved schemes and having regard to any allocations for town centre uses, on the vitality and viability of the City Centre and designated district and local centres. An assessment of impacts will be required for retail developments of more than local significance; and, -The proposal is appropriate in terms of its scale and function to its location. Manchester City Council Item 8 Planning and Highways Committee 14 February 2013 - Development that improves the environment of an existing out-of-centre facility or its relationship with surrounding uses will be supported, providing that it also meets the other criteria in this policy.

As detailed within the issues section of this report this application relates to a premises and land that have been in retail use for a significant period of time. The current proposals seek an increase in the range of retail goods that can be sold from the premises but these are not considered to give rise to unacceptable impacts on the vitality and viability of Newton Heath District Centre. They are therefore considered to accord with policies C1, C2,C4 and C9 of the Core Strategy.

The National Planning Policy Framework

There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles: -an economic role, contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; - a social role, supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the communities needs and support its health, social and cultural well-being; and - an environmental role, contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

The NPPF also sets out how applications for main town centre uses that are not in an existing centre and are not in accordance with an up to date development plan should be assessed this includes: - A sequential assessment to demonstrate there are no sites within the existing centre; - The impact of the proposals on existing, committed and planned investment in a centre; - The impact of the proposals on the vitality and viability of existing centres.

The NPPF states that where proposed development accords with an up-to-date Local Plan it should be approved. The applicant has provided an assessment of the proposals against the requirements contained within the NPPF, it is considered that the proposals as set out within the issues section of this report accords with the NPPF.

Unitary Development Plan – Saved Policies

A number of policies within the adopted UDP have been saved following the adoption of the Core Strategy. The following saved policies are relevant in this case:

Manchester City Council Item 8 Planning and Highways Committee 14 February 2013 S1.2 The Council in partnership with the private sector will encourage, where appropriate, the improvement and re-development of existing District Centres in order to ensure that they remain the focus for both shopping and a full range of community facilities. These centres comprise Cheetham Hill, , , the district centre in , , , , , , Newton Heath, , Openshaw, , and Wythenshawe.

Particular emphasis will be given to improving safety and enhancing environmental quality, tackling traffic problems and increasing economic viability. Priority will be given to following centres:- Cheetham Hill, the district centre in Sportcity, Gorton, Harpurhey, Levenshulme, Longsight, Newton Heath, Openshaw, Wythenshawe

Issues

Retail Impact

The applicant has submitted a retail assessment alongside the planning application this assessment relates the proposals against the Core Strategy and the evidence base used to inform the development of policies relating to retail contained within it, as well as the criteria for assessment contained within the National Planning Policy Framework.

The proposals do not include for the extension or enlargement of the existing building on the site so will not have the effect of increasing the amount of retail floorspace available on the site. The applicant has indicated in the submission information that an occupier has been found for the vacant building although they are to let only a proportion of the building. A separate planning application has been submitted relating to elevational alterations to the building in association with its sub division to form two units one of 1,859 sqm (gross) and the second of 855 sqm (gross) (planning reference 100782/FO/2012/N1). The application information indicates that the smaller unit is intended to sell a range of goods permitted under the current consent on the site whilst the larger unit is expected to trade a wider range of comparison type goods including a limited amount of convenience goods. The applicant has indicated that circa 167 sqm of floorspace would be dedicated to the sale of convenience goods (tinned and confectionary). This would be a limited offer and is unlikely to compete with the main food or top up shopping which is available within Newton Heath District Centre. In addition the former Petrol Filling Station was also permitted to sell a range of convenience goods and whilst this building has been demolished it indicates that the sale of a limited range and amount of convenience goods in this location is acceptable.

The assessment submitted concludes that there are no sites or premises located within Newton Heath District Centre that could accommodate the retail floorspace subject of this variation of condition application. It also outlines that the proposals will allow Newton Heath to retain a larger proportion of comparison goods spending as a result of the proposal which is otherwise being spent in other centres and will enhance the choice for local residents in an accessible location. The application will allow the occupation of a vacant retail warehouse building and provide circa 48 full and part time jobs. It is considered that the proposals will promote the efficient use of land and buildings and therefore accord with policy C2 of the Core Strategy. Manchester City Council Item 8 Planning and Highways Committee 14 February 2013

It is considered that an increase in the range of retail goods to be sold from the premises would not give rise to unacceptable impacts on Newton Heath District Centre and therefore accords with policy C1,C2,C4 and C9 of the Core Strategy and the policies within the National Planning Policy Framework.

Residential Amenity The existing land and buildings have historically been used for retail uses. Residential development has and is taking place on the site to the immediate west of the application site. Consideration of impacts of noise were considered in the approval of that residential scheme under planning approval reference 083536/FO/2007/N1. However, the historic retail consents for the application site were given without any controls on hours of opening or hours of servicing for the building. Given that the current proposals extend the range of retail goods to be sold from the premises it is considered appropriate to attach conditions that restrict the hours of opening and servicing so that the retail premises is only open between 8am and 10pm, Mondays to Saturdays and between 10am and 6pm on Sundays and Bank Holidays. Servicing hours are recommended to be 7.30am to 8 pm Mondays to Saturdays and between 11am and 3pm on Sundays and Bank Holidays. These hours are considered acceptable given the previous unrestricted hours that were in place and are considered to accord with policy DM1 of the Core Strategy and not give rise to unacceptable impacts on residential amenity.

Highway Impacts The applicant has provided a Transport Statement to accompany the application which demonstrates that the traffic generated by the extension of goods to be sold from the site would be no greater than the previous DIY store and Petrol Filling Station that operated from the site. Highway Services have confirmed that improvements to the pedestrian crossing facilities at the Dean Lane/Oldham Road junction will enhance access by pedestrians to the site and the remainder of Newton Heath District Centre.

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

Protocol 1 Article 1, and Article 8 where appropriate, confer(s) a right of respect for a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Core Strategy and saved polices of the Unitary Development Plan, the Head of Planning has concluded that some rights conferred by these articles on the applicant(s)/objector(s)/resident(s) and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. She believes that any restriction on these rights posed by the approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts. Manchester City Council Item 8 Planning and Highways Committee 14 February 2013

Recommendation APPROVE

Article 31 Declaration

Officers have worked with the applicant in a positive and proactive manner to resolve any problems arising in relation to dealing with the planning application. Appropriate conditions have been recommended as a result of these negotiations.

Reason for recommendation

Approve on the basis that the proposals alongside the recommended conditions: - will not give rise to unacceptable impacts on the vitality and viability of Newton Heath District Centre and therefore accords with policies C1, C2, C4 and C9 of the Manchester Core Strategy; - will not lead to unacceptable impacts on adjacent highways or residential amenity and therefore accords with policy DM1 of the Core Strategy.

Conditions to be attached to the decision

1) No more than a maximum of 855sqm (gross) floorspace of the premises shall be used for the storage and retail sale of furniture and carpets, and for the sale of sawn timber, plywood, particle boards, hardboard and sheet laminate material, self assembly flat –packed furniture, wall coverings, PVC tiles, building materials and equipment, garden equipment, fertilizer, shrubs, plants, trees, ironmongery, DIY fixings and tools, builders hardware, plumbing equipment, live pets, pet products and use as a grooming parlour and for no other purpose within Class A1 of the Schedule of The Town & Country Planning (Use Classes) Order 1987 as amended.

Reason - To ensure that the overall scale and nature of retail floorspace in this location does not lead to significant changes in retail activity which could have an unacceptable impact on nearby centres, pursuant to policies C1,C2,C4 and C9 of the Core Strategy.

2) No more than a maximum of 1,672 sqm floorspace (net retail sales area) of the premises shall be used for the sale of clothing, footwear, household textiles, hardware, garden goods, drapery, toiletries, toys, fancy goods, stationary, Christmas decorations luggage, entertainment products, storage products and electrical goods and the ancillary sale of cigarettes, cigars, tobacco, and for the reception and collection of photographic films for developing or processing on or off the premises and for no other purpose within Class A1 of the Schedule of The Town & Country Planning (Use Classes) Order 1987 as amended.

Reason - To ensure that the overall scale and nature of retail floorspace in this location does not lead to significant changes in retail activity which could have an unacceptable impact on nearby centres, pursuant to policies C1,C2,C4 and C9 of the Core Strategy.

Manchester City Council Item 8 Planning and Highways Committee 14 February 2013

3) No more than 167 sqm floorspace of the net retail sales area of the premises shall be used for the sale of confectionary and food stuffs for consumption off the premises.

Reason - In granting this permission, the City Council has had regard to the policies set out in policies C1,C2,C4 and C9 of the Core Strategy and considers that planning permission would have been refused for unrestricted use within Class A1 of the Schedule of The Town & Country Planning (Use Classes) Order 1987 as amended.

4) The premises shall not be open outside the following hours:-

- Monday to Saturday 0800 hrs to 2200 hrs - Sunday and Bank Holidays 1000 hrs to 1800 hrs

Reason - In interests of residential amenity in order to reduce noise and general disturbance in accordance with policy DM1 of the Core Strategy.

5) No loading or unloading (including waste collections) shall be carried out on the site outside the following hours:

Monday to Saturday 0730 hrs to 2000 hrs Sundays and Bank Holidays 1100 hrs to 1500 hrs

Reason - In order to protect the amenity of local residents in accordance with policies SP1 and DM1 of the Core Strategy.

Local Government (Access to Information) Act 1985

The documents referred to in the course of this report are either contained in the file(s) relating to application ref: 100783/JO/2012/N1 held by planning or are City Council planning policies, the Unitary Development Plan for the City of Manchester, national planning guidance documents, or relevant decisions on other applications or appeals, copies of which are held by the Planning Division.

The following residents, businesses and other third parties in the area were consulted/notified on the application:

Environmental Health New East Manchester 1290 Oldham Road, Manchester, M40 1EZ McInerney Homes, Swift House, 136 Bradley Hall Industrial Estate, Standish, Wigan, WN6 0XQ Focus Diy, Reliance Street, Manchester, M40 3EZ Unit 1 and 1b Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL 1133 - 1141 Oldham Road, Manchester, M40 2FU Unit 10, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Manchester City Council Item 8 Planning and Highways Committee 14 February 2013 Warehouse Adjacent Unit 16, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 15, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 15b, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 16, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Vehicle Repair Workshop Rear Of Unit 1, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 6, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 7, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Units 1 To 3, Enterprise Park, Reliance Street, Manchester, M40 3AL Units 11 To 12, Enterprise Park, Reliance Street, Manchester, M40 3AL Unit Adjacent Newton House, Newton Silk Mill Business Centre, Holyoak Street, Manchester, M40 6HB Portacabin Rear Of Newton Silk Mill Business Centre, Holyoak Street, Manchester, M40 1HB Unit 9, Reliance Street Trading Estate, Reliance Street, Manchester, M40 3AL Unit 13a/14/15a, Reliance Street, Manchester, M40 3AL Silk House, Holyoak Street, Manchester, M40 6HB Unit 4,5 and 6, Reliance Street Enterprise Park, Reliance Street, Manchester, M40 3AL 1077, 1079, 1081 Oldham Road, Manchester, M40 2EN 8,10,23,25,27,29,31,33,35,37,39,41,55,43,45,47,49,51,53 Ivy Graham Close, Manchester, M40 3AS Flat nos. 1,2,3,4,5,6,7,8,9,10,11,12,14,15,16,17,18,19,20,21,22,23,24 - 53 Ivy Graham Close, Manchester, M40 3AX

Representations were received from the following third parties:

Environmental Health East Manchester Regeneration

Relevant Contact Officer : Robert Griffin Telephone number : 0161 234 4527 Email : [email protected]