Planning Applications Report Planning Committee 09 July 2009

Planning Applications Report

Planning Committee

09 July 2009 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 at www.bolton.gov.uk

Bolton Council also has a Statement of Community Involvement. As part of this staement, 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. Copies of the Statement of Community Involvement are available at www.bolton.gov.uk

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 2008 PCPN A Bolton Council Planning Control Policy Note PPG Department of Communities and Local Government Planning Policy Guidance Note MPG Department of Communities and Local GovernmentMinerals Planning Guidance Note SPG Bolton Council Supplementary Planning Guidance SPD Bolton Council Supplementary Planning Document PPS Department of Communities and Local Government Planning Policy Statement TPO Tree Preservation Order EA Environment Agency SBI Site of Biological Importance SSSI Site of Special Scientific Interest GMEU The Greater Manchester Ecology Unit

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

Ref. No Page Item Ward Location

81876/09 7 1 BRCR 86 CHAPELTOWN ROAD, BROMLEY CROSS, BOLTON, BL7 9NE

81845/09 31 2 CROM LAND BETWEEN 7-10 & 15 EAGLEY BROOK WAY, THE VALLEY LEISURE PARK, BOLTON, BL1 8TS

82244/09 45 3 CROM 290 HALLIWELL ROAD, BOLTON, BL1 3QB

82206/09 55 4 FARN 73 HALL LANE, FARNWORTH, BOLTON, BL4 7QE

82257/09 63 5 GRLE 5 WALKER AVENUE, BOLTON, BL3 2DU

81639/09 69 6 HALL EGYPTIAN MILL, SLATER STREET, BOLTON, BL1 2HP

82187/09 85 7 HALL 43 ST ANN STREET, BOLTON, BL1 3SU

82050/09 93 8 HELO 9 ALBERT ROAD, BOLTON, BL1 5HE

82139/09 107 9 HELO REGENT PARK GOLF CLUB, LINKS ROAD, LOSTOCK, BOLTON, BL6 4AF

82119/09 127 10 HOBL 18 WATERHOUSE NOOK, BLACKROD, BOLTON, BL6 5UY

82294/09 137 11 HOBL HORWICH RMI, HILTON CENTRE, OFF NUTTALL AVENUE, HORWICH, BOLTON, BL6 5XX

82147/09 145 12 HONE WILDERSWOOD COTTAGE, OLD RAKE, HORWICH, BOLTON, BL6 6SJ

81944/09 169 13 HONE BRAZLEY PARK, AINSWORTH AVENUE, HORWICH, BOLTON.

82176/09 179 14 LLDL 50 MARKET STREET, LITTLE LEVER, BOLTON, BL3 1HN

82101/09 187 15 RUMW 200 / 202 DEANE ROAD, BOLTON, BL3 5DP

82192/09 195 16 RUMW 70A-72 ST HELENS ROAD, BOLTON, BL3 3NR

82157/09 205 17 WNCM ARMOR HOLDINGS FACTORY, BOLTON ROAD, WESTHOUGHTON, BOLTON.

82174/09 219 18 WNCM MERCURY GARAGE, MANCHESTER ROAD, WESTHOUGHTON, BOLTON, BL5 3JP

231 19 BRAD CONFIRMATION OF THE LONGSIGHT CEMETERY, LONGSIGHT LANE, HARWOOD TREE PRESERVATION ORDER 2009

Date of Meeting: 09 July 2009 Item Number: 1

Application Reference: 81876/09

Type of Application: Full Planning Application Registration Date: 13/03/2009 Decision Due By: 12/06/2009 Responsible Helen Williams Officer:

Location: 86 CHAPELTOWN ROAD, BROMLEY CROSS, BOLTON, BL7 9NE

Proposal: DEMOLITION OF EXISTING DWELLING AND ERECTION OF FOUR DETACHED DWELLINGS AND A THREE STOREY BUILDING COMPRISING TEN APARTMENTS

Ward: Bromley Cross

Applicant: Bekko Ltd Agent : Sedgwick Associates

Officers Report

Background This application was deferred at the last Committee meeting due to letters having been sent to residents informing them of the wrong recommendation to Committee, and also to allow residents to attend this meeting.

The application was previously deferred at the Committee meeting of 11th June for the Applicant to look into the following:

* Retaining the tree labelled T3 on the site layout plan, which was noted by Members on site as being a tree of visual amenity value; * Converting the existing building (86 Chapeltown Road) into apartments rather than demolishing it and erecting a new building.

An amended plan was received from the Applicant following Members' request that the tree labelled as T3 on the plans be retained. In order to retain tree T3, the visibility splays at the proposed access have been amended to 4 metres by 90 metres and the footway has been diverted from the carriageway edge to minimise the impact of construction in the root protection zones of the trees. The amended access however results in the loss of the tree labelled T4, though Members considered this tree to be of less visual amenity value than T3. The Council's Highways Engineers consider the amended visibility splays to be sufficient.

With regard to whether the existing building (86 Chapeltown Road) could be converted into apartments rather than demolishing it and erecting a new building, the Applicant has stated that the building, although large, does not lend itself to conversion due to its irregular shape and internal layout. The Applicant also has reiterated that an application for prior notification for the demolition of the dwelling was deemed permitted development in August 2008 (80590/08).

7 Cllr. Greenhalgh had enquired as to whether the resident at 88 Chapeltown Road had been notified of the Committee site visit before the Committee meeting of 11th June. Planning Control's records show that a letter was sent to this resident (along with all other residents who had commented on the application) on 3rd June informing her of both the Committee meeting and the advanced site visit. This letter advises the reader to contact the Democratic Services Team to find out the time Members are expected to visit the site.

It was asked at the meeting of 11th June whether a bat survey had been provided with the application and whether this survey covered the trees within the site. An ecological survey, containing a bat survey and undertaken by a qualified ecologist, was indeed submitted with the application. The house, outbuildings and vegetation within the site were all investigated for bat habitats as well as habitats for other wildlife. This survey has been checked by Greater Manchester Ecology Unit as part of the consultation process of the application and conditions 17 to 19 have been requested by the Unit following the findings of the study.

With regard to the trees along the boundary with Holkar Meadows, the Applicant has confirmed that trees T1, T2, G6 and T32 will be retained and that only A3 (classed as a Class C area in the Tree Survey, and therefore poorer quality) will be removed.

Proposal This application is a resubmission of application 80655/08, which was for the demolition of the existing dwelling on site and the erection of seven houses and twelve apartments. Application 80655/08 was refused under delegated powers in September 2008 for four reasons; design and loss of trees, sub-standard access, substandard carriageway width, and insufficient information regarding sustainable design and construction.

This new application seeks to address the previous reasons for refusal and the amount of development has been reduced from 19 units to 14 units (four houses and ten apartments). Three houses and two apartments have therefore been removed from the scheme.

A three storey apartment building (second floor accommodated within the roofspace) is proposed at the front of the site and will replace the existing dwelling at 86 Chapeltown Road. Four five-bedroom detached dwellings are proposed at the rear of the site, at the end of the proposed cul-de-sac. The two central dwellings are proposed at two storeys and the two end dwellings are proposed at three storeys, the second floors being accommodated within the roofspace.

Vehicular access into the development is proposed off Chapeltown Road at the south western corner of the site. 13 car parking spaces are proposed at the front of the apartment building and each house has its own garage and driveway.

A number of trees will be felled to accommodate the proposed development.

Site Characteristics The application site measures approximately 0.64 hectares and comprises a two storey, mock Tudor and redbrick Edwardian dwelling and its substantial landscaped curtilage. The dwelling and a couple of outbuildings (including a garage and a greenhouse) are located in the north western quarter of the site. The dwelling is currently vacant and boarded up and the garden has been left to overgrow.

The trees in the southern half of the site and the trees grouped in the north western and north eastern corners of the site are protected under a Tree Preservation Order which was

8 made in 2006. The protected trees within the site consist of silver birches, limes, sycamores, pines, cypresses, cherries and beeches.

The site has two vehicular accesses off Chapeltown Road, one at the north western corner of the site and a central one at the front of the site.

The site can only be glimpsed from Chapeltown Road through the two driveway entrances due to the dense vegetation at the front of the site. The site is also well vegetated and screened on all boundaries.

The area surrounding the site is residential in character. To the north of the site are large detached properties with lengthy rear gardens (88 and 90 Chapeltown Road) and to the east are bungalows (12 and 14 Crossfields). To the south is Holkar Meadows, a cul-de-sac containing large detached brick and render houses that have double gables on their front elevations and dormer windows. Holkar Meadows was built on the site of the former dwelling and garden at 80 Chapeltown Road, which was granted planning permission in 2000 (55452/99). Opposite the application site, to the west, are further large properties on Chapeltown Road. A number of dwellings have been approved over the years for dwellings behind the original dwellings, for example at numbers 97 and 99 (31294/88 and 81186/08).

Policy PPS1 Delivering Sustainable Communities PPS3 Housing PPG13 Transport

RSS 13 for the North West

UDP Policies: N7 Trees, Woodland and Hedgerows; N8 Protected Trees; EM4 Contaminated Land; EM6 Energy Conservation and Efficiency; D2 Design; D3 Landscaping; A5 Road Network; A6 Car Parking Standards; A9 Access for People with Disabilities; A7 Cyclists; H3 Housing Applications; H5 Housing Density.

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

Sustainable Design and Construction SPD

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:-

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

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

The application site is within the urban area and is previously developed land, in that it contains a dwellinghouse and the curtilage of that dwellinghouse. The site is located on Chapeltown Road, which is served by bus services into Bolton and Bury. Bromley Cross train station is within easy walking distance from the site, less than 500 metres away. Local schools and services are also within easy reach of the site. It is therefore considered that this application would satisfy the criteria within PPS3 as well as policy H3 of the UDP.

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

A previous application for seven houses and twelve apartments on the site was refused under delegated powers in September 2008 (80655/08). One of the reasons for refusing that application was that it was considered that the design, height, massing and siting of the proposed units would fail to contribute towards good urban design.

This resubmitted application now only proposes four houses and ten apartments, thereby reducing the proposed scheme by three houses and two apartments. The three houses that have been deleted from this latest scheme were proposed at the front of the site, adjacent the proposed apartment building and at the end of the proposed turning head. The loss of two apartments from the apartment building has resulted in a lowering of the eaves and a reduction of 1.35 metres in ridge height. The width of the apartment building has also been reduced.

It is considered that the revised scheme significantly reduces the overall density of the development and allows a greater portion of the site to be given over to landscaping when compared to the previous application. The density of the proposed development is now 22 units per hectare compared with 30 units per hectare as previously proposed. Although Policy H5 of the UDP advises a minimum density of 30 dwellings per hectare, it is considered in this instance that the lower density is more compatible with the character of the surrounding area and allows for a sufficient number of trees to be retained within the site.

The Council's Design and Conservation Officer has raised concerns with regard to the overall massing of the apartment building and considers that it would appear dominant in the street scene to the detriment of the character of the area. The height of the proposed apartment building, however, is not dissimilar to the height of the existing house at 86 Chapeltown Road given that the existing house has a steep roof and that the second floor of the

10 proposed apartment building will be accommodated within the roofspace. Although the new building will be larger in footprint than the original dwelling it is sited in the same location as the original dwelling and will have a similar relationship with the houses bordering the site. More importantly, the existing vegetation at the front of the site (along Chapeltown Road) screens the majority of the site and only enables glimpses of the existing house through the vehicular accesses. As the trees and vegetation along this boundary are to be retained within the proposed scheme, it is considered that the proposed apartment building will not be significantly more noticeable from Chapeltown Road than the existing dwelling. It is therefore considered that the siting, massing, height and appearance of the apartment building will not have a detrimental impact on either the street scene or the character of the area.

The Council's Design and Conservation Officer is also apprehensive about the siting of the four dwellings at the rear of the site, considering that the minimal space proposed between each of the dwellings will not allow for sufficient greening and that the proposal would represent a dense form of development within the site. The siting of these houses are, however, comparable with the siting of the large houses adjoining the site along Holkar Meadows and Crossfields. It is therefore considered that their siting is acceptable. The Applicant will also be requested to provide details of the boundary treatments between the houses as part of the conditions attached to any consent.

Local residents have voiced concern with regard to the demolition of the existing house at 86 Chapeltown Road, as they feel it has great character and tradition. However, the house is not listed and not within a Conservation Area and therefore the Council cannot prevent its demolition. Furthermore, an application submitted last year for prior notification for the demolition of the house was deemed by the Council to be permitted development (application 80590/08).

Despite reservations from the Council's Design and Conservation Officer, it is considered, on balance, that the design of the proposed development will not harm the character and appearance of the area and it is therefore considered to comply with Policy D2 of the UDP.

Impact on the Amenity of Neighbouring Residents The Council's guidance on minimum interface distances between dwellings and private amenity space standards are contained with PCPN2 "Space Around Dwellings".

The proposed apartment building is over 14.5 metres away from the side of 88 Chapeltown Road. The new building is sited in a similar position to the existing building and it is therefore considered that it will have a similar relationship with the neighbouring property at number 88.

The rear elevation of plot 16 will come within 21.3 metres of the rear elevation of 14 Crossfields. A window at the rear of 14 Crossfields serves the main bedroom and overlooks the rear of the application site. Following concerns from the Case Officer with regard to overlooking and privacy issues the Applicant has amended the rear elevation of plot 16 so that there are no main windows on either the first floor or within the roofspace. The kitchen window on the ground floor will not be directly overlooked by 14 Crossfields due to the thick vegetation on the boundary between the site and the properties on Crossfields, which will act as screening. A distance of 21.3 metres between the properties is considered to be acceptable given that PCPN2 requests a minimum distance of 16.5 metres between three storey houses where there are no main windows overlooking each other.

11 No 12 Crossfields is over 27 metres away from the rear of plot 14 and will not directly overlook the new property; it instead will look towards plot 13, which is even further away.

The rear of 11 Holkar Meadows will be over 15.5 metres away from the side elevation of plot 16. Plot 16 does not have any main windows in this side elevation (the four windows serve two bathrooms and two landings). PCPN2 advises a minimum distance of 13.5 metres in this situation between two storey dwellings and 16.5 metres between three storey dwellings. Plot 16 and the houses on Holkar Meadows are two storey dwellings that have second floor accommodation within their roofspace. The houses are therefore taller than traditional two storey dwellings but are lower in height than traditional three storey dwellings. The proposed distance of 15.5 metres between the two properties is therefore considered to be acceptable given that it falls between the recommended distances of 13.5 metres and 16.5 metres within PCPN2 (being closer to the latter figure). There is also dense vegetation on the boundary between the site and Holkar Meadows that will provide some screening to the development.

It is considered that the proposed development will not have an adverse impact on the living conditions of neighbouring residents as the siting of the proposed residential units will meet the minimum interface distances as set out within PCPN2 "Space Around Dwellings".

Impact on Trees Policy N7 of the UDP states that the Council will not permit development proposals which would result in the loss of trees, woodland areas or hedgerows of visual, historic or amenity importance and require replacement planting where it is considered that the benefit of the development outweighs the loss of some trees. Policy N8 of the UDP refers specifically to protected trees.

The trees in the southern half of the application site and the trees grouped in the north western and north eastern corners of the site are protected under Tree Preservation Order 803, which was made in 2006. The protected trees within the site consist of silver birches, limes, sycamores, pines, cypresses, cherries and beeches.

A number of trees within the site will be lost to accommodate the proposed development, such as at the proposed access and at the rear of the site where the houses are proposed. However, the vast majority of the trees within the site are to be retained, and the Council's Tree Officer has confirmed that the proposed layout ensures the retention of the better quality trees on the site. The removal of three houses to the front of the site (as previously proposed under application 80655/08) also enables additional trees to be retained at the end of the proposed turning head.

The amended plans submitted by the Applicant to address the highways issues have resulted in the retention of a further tree to the north of the access, the apartment building has been brought slightly further forward to improve canopy clearance to the rear and the rearranged parking spaces for the apartments gives additional clearance to the trees at the front of the site.

It is considered that the siting of the new development is a significant improvement on the previously refused scheme in terms of retaining the protected trees on the site, and therefore it is considered that the new application complies with Policies N7 and N8 of the UDP.

12 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 manoeuvring.

The previous planning application submitted for the site (80655/08) was refused under delegated powers as it was considered that the proposed access to the site and the width of the carriageway within the site were sub-standard and therefore would be to the detriment of highway safety.

The plans initially submitted for this new application were still considered by the Council's Highways Engineers to show a sub-standard access and carriageway width. Following these initial comments from the Highways Engineers, the Applicant has submitted amended plans, moving the proposed point of vehicular access slightly further south, adding footways around the proposed turning head and widening the internal road leading to the houses. These amendments have resulted in the Highways Engineers withdrawing their objections.

The proposed plans have been further amended following deferral at the Committee meeting of 11th June. The proposed access has been moved slightly further to the north, which has resulted in a visibility splay of 4 metres by 90 metres being achieved. Highways Engineers consider this amendment to be acceptable.

With regard to parking arrangements, each dwelling will have its own garage and driveway (plots 12 and 13 have double garages) and 13 car parking spaces are proposed to the front of the apartment building to serve the 10 apartment units. This amount of off-street parking is considered to be acceptable and meets the standards within Policy A6 and Appendix 7 of the UDP.

A cycle store is also proposed for the apartment building to encourage future residents to make alternative travel arrangements.

Following the amendments to the proposed access and internal carriageway, it is considered that the proposed development will not have a detrimental impact on highway safety and would comply with Policies A5 and A6 of the UDP and PCPN21.

Other Matters The fourth reason for refusal for the previous proposal on the site (application 80655/08 for the erection of seven dwellings and twelve apartments) was that the Applicant had not provided sufficient information with regard to sustainable design and construction to judge the application against the relevant policies, policy EM6 of the UDP and the Council's Sustainable Design and Construction SPD.

The Applicant has provided additional information within this latest submission to address this issue. The Council's Sustainable Development Officers now recommend that conditions are attached to ensure the development is constructed sustainably.

Value Added to the Development Since initially submitting the application the Applicant has amended their plans to address concerns regarding the access, carriageway width, overlooking issues and tree retention. These amendments have overcome the previous reasons for refusal on application 80655/08.

13 Conclusion It is considered that the proposed residential development on the site has successfully addressed the previous reasons for refusal within application 80655/08; it complies with all national and local policies with regard to residential development, it will not have an adverse affect on neighbouring residents or the protected trees on the site and will not be to the detriment of highway safety. Members are therefore recommended to approve this application.

14 Representation and Consultation Annex

Representations Letters:- ten letters of objection have been received from the residents of 62, 88 and 91 Chapeltown Road, 1, 3, 9 and 16 Holkar Meadows, 14 and 16 Crossfields and 88 Queens Avenue. These letters raise the following concerns:

* Loss of a house with great character; * The developer should look into converting the existing house; * The character of the road will be lost; * The proposal, particularly the apartment building, is out of character with the area; * The proposal is an overdevelopment of the site; * Loss of trees and landscaping; * Loss of trees on the boundary with Holkar Meadows; * The proposed houses are higher than existing properties in the area; * The proposed houses are too close to the boundaries with existing houses; * Loss of privacy, light and outlook for neighbouring residents; * Additional traffic - this will add to the queues into Bolton; * Inadequate car parking for the apartments; * The development will lead to parking on Chapeltown Road, to the detriment of highway safety; * Impact on bats that have been seen on site; * Loss of wildlife; * The area is being transformed into a conglomeration of housing estates; * The area is being saturated with apartments; * There are no other apartments in the area; * Concern that this application will set a precedent for other apartment developments in the area; * Increased pressure on existing services in Bromley Cross; * Trains to Manchester are already overcrowded from Bromley Cross; * Apartments will encourage a transient population; * The area is an area of outstanding beauty.

Elected Members:- Cllr. Greenhalgh requested that the application be heard at Committee and requested the advanced site visit, which took place prior to the meeting on 11th June.

Consultations Advice was sought from the following consultees; Urban Design and Conservation Officers, Highways Engineers, Pollution Control Officers, Tree and Woodlands Officers, Greenspace Management Officers, Sustainable Development Officers, Strategic Housing Officers, Greater Manchester Police's Architectural Liaison Officers, and United Utilities.

Planning History An application for the demolition of 86 Chapeltown Road and the erection of 7 dwellings and a 3 storey apartment building comprising 12 apartments with associated parking and landscaping (80655/08) was refused under delegated powers on 30th September 2008 for the following reasons:

1. The proposed development, by virtue of its design, height, massing and siting, would fail to contribute towards good urban design and would result in the unacceptable loss of trees within the site to the detriment of the character of the area contrary to Policies D2, N7 and N8 of Bolton's Unitary Development Plan.

15 2. The access to the site is sub-standard in highways terms to the detriment of highway safety and the proposal is therefore contrary to Policy A5 of Bolton's Unitary Development Plan and PCPN21 'Highway Considerations'.

3. The width of the carriageway within the site is sub-standard in highways terms and would restrict vehicle manoeuvrability to the detriment of highway safety and the proposal is therefore contrary to Policy A5 of Bolton's Unitary Development Plan and PCPN21 'Highway Considerations'.

4. Insufficient information has been provided by the Applicant with regard to sustainable design and construction to enable the proposal to be properly judged against the policies of the RSS for the North West (RSS13), Policy EM6 of Bolton's Unitary Development Plan and Bolton's SPD 'Sustainable Design and Construction'.

Prior notification for the demolition of 86 Chapeltown Road was deemed to be permitted development on 19th August 2008 (80590/08).

16 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 either fits in visually with the existing building and safeguards the character and visual appearance of the locality or ensures 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 a visibility splay measuring 4.5 metres by 90.0 metres is provided at the junction of the access with Chapeltown Road, and subsequently maintained free of all obstructions between the height of 1 metre and 2 metres (as measured above carriageway level).

Reason

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

4. The development hereby approved/permitted shall not be brought into use unless and until not less than 13 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.

5. 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.

6. The development hereby approved/permitted shall not be brought into use unless and until the means of vehicular access from Chapeltown has been constructed and laid out entirely in accordance with the approved plans.

Reason

In the interests of highway safety.

17 7. The development hereby approved/permitted shall not be brought into use unless and until provision has been made for the vehicle turning area which will enable vehicles to enter and leave the site in a forward gear, and shall be laid out in accordance with details to be submitted to and approved by the Local Planning Authority. Thereafter such facilities shall not be used for any purposes except the turning of vehicles.

Reason

In the interests of highway safety.

8. The development hereby approved/permitted shall not be brought into use unless and until the existing vehicular accesses onto Chapeltown 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 Chapeltown Road, other than as shown on the approved plan.

Reason

In the interests of highway safety.

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

Reason

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

10. 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.

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

12. 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 10 has been erected.

Reason

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

18 13. Trees and shrubs shall be planted on the site in accordance with the submitted/approved landscape scheme. Such scheme shall be carried out within 6 months of the occupation of any of the buildings or the completion of the 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.

14. 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.

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

19 reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

16. Unless otherwise agreed in writing with the Local Planning Authority, prior to the development hereby approved/permitted being brought into use, the bathroom and landing windows in the southern elevation of plot 14 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.

17. Prior to the demolition of 86 Chapeltown Road and the commencement of development an emergence bat survey is to be carried out between May and September and submitted to and approved in writing by the Local Planning Authority. The findings of this emergence survey shall be carried out in full. If bats are found at any time in relation to works on trees then work should stop immediately and Natural England must be informed.

Reason

To protect the interests of any protected bats which may be present on the site.

18. Works to the roof of 86 Chapeltown Road should take place outside the bird breeding seaon (March to July inclusive) unless birds are found to be absent. Measures should be taken to avoid birds entering the building to breed prior to the start of the breeding season.

Reason

To protect the interests of any nesting birds which may be present on the site.

19. Tree and shrub removal shall take place outside the bird breeding season (March to July inclusive).

Reasons

To protect the interest of any nesting birds which may be present on the site.

20. No demolition of outbuildings or compost clearance shall be carried out in winter months when hedgehogs are in hibernation. If the site is to be cleared in the hedgehog breeding season then this should be done with care and in the presence of a suitably qualified ecologist.

Reason

To protect the interest of any hedgehogs which may be present on the site.

21. Prior to the commencement of development, an energy assessment of the approved development and details of the location and type of LZC shall be submitted to and approved by the Local Planning Authority. The LZC shall reduce the CO2 emissions of predicted energy use of the development by at least 10%. The approved LZC shall be installed, retained and maintained in perpetuity thereafter unless agreed by the Local Planning Authority.

Reason

To reduce the impact on climate change and to improve the sustainability of the site.

20 22. The dwellings shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

Reason

To reduce the impact on climate change and to improve the sustainability of the site.

23. No building hereby permitted shall be occupied until surface water drainage works have been implemented on site which reduce the existing surface water run off by at least 50% in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

1. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

2. include a timetable for its implementation; and

3. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Reason

To reduce the risk of contaminating surface water run off and reduce the risk of localised flooding and down stream flooding by ensuring the provision of a satisfactory means of surface water dispersion.

24. No development shall be commenced until a Site Waste Management Plan (SWMP) has been submitted to and approved by the Local Planning Authority. The SWMP should adhere to guidelines set by BRE. The approved SWMP shall be carried out in full.

Reason

In the interest of using recycled materials and reducing the impact on climate change.

Notes:

. The Council has granted planning permission, subject to the conditions listed above, because the proposed development is in accordance with all relevant policies of the Development Plan (the UDP and the Regional Spatial Strategy Plan for the North-West), as is required by Section 38 of the Planning and Compulsory Purchase Act 2004. There are no material considerations, as specified in the Planning Officer Report, that outweigh this justification to support the grant of planning permission. A summary of the relevant Development Plan policies pursuant to Article 22 of the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003 and how the proposed development relates to these policies is set out below.

Unitary Development Plan

N7 as new tree planting is proposed and the benefit of the development outweighs the loss of some trees and hedgerows;

22 N8 as the removal of the trees protected by Tree Preservation Orders is to form part of the development scheme;

N9 as the Applicant has demonstrated that any impact on protected species or its habitat can be successfully mitigated and monitored and a planning condition is to secure the provision of future alternative habitats;

EM4 as investigation into land contamination has been carried out and suitable mitigation measures would be secured by a planning condition;

EM6 as sustainable energy consumption is proposed;

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

D3 asadditional landscaping is proposed;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards;

A7 as the development is to accommodate cycle parking in accordance with the Council's minimum parking standards;

A9 as the development site will be accessible for people with disabilities;

H3 as the housing development site is accessible; the development would help to provide a wider choice and better mix of housing types, sizes and tenures; the existing and potential infrastructure has the capacity to absorb the development; and the site has been previously developed; H5 as the net site density of the housing provision will be reflective of the density of housing in the surrounding area.

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

L2 as the development will increase housing supply;

RT1 as the development is well connected to public transport links;

RT2 as the existing highway network will be maintained;

RT6 as the development will not exceed regional maximum parking standards;

RT7 as the development will provide facilities for cycling and walking;

EM2 as all land contamination will be remediated;

EM4 as the development will be resilient to any flood risk;

EM10 and EM11 as a planning condition will secure a sustainable site waste management plan.

23 24 25 26 27

28 29 30 Date of Meeting: 09 July 2009 Item Number: 2

Application Reference: 81845/09

Type of Application: Full Planning Application Registration Date: 19/03/2009 Decision Due By: 14/05/2009 Responsible Martin Mansell Officer:

Location: LAND BETWEEN 7-10 & 15 EAGLEY BROOK WAY, THE VALLEY LEISURE PARK, BOLTON, BL1 8TS

Proposal: ERECTION OF A RESTAURANT AND FUNCTION HALL FACILITY WITH 38 PARKING SPACES

Ward: Crompton

Applicant: Rangoli (Bolton) Ltd Agent : Blue Sky Architects

Officers Report

Proposal Consent is sought for the erection of a restaurant and function hall. The building would have a footprint of 900 square metres which together with a small plant room of 53 square metres amounts to a total floorspace of 953 square metres.

The building would be square in terms of footprint, single storey, with a shallow pitched roof and constructed from mainly brick with artificial stone bands, timber boarding and render. The roof would be PVC with window frames in powdercoated aluminium.

There would be 38 car parking spaces together with 4 disability spaces, 4 motorcycles spaces and accommodation for 5 bicycles. The red edge shows access being taken from the adopted highway at Waters Meeting Road via the private access road of Eagley Brook Way.

Opening hours are proposed to be 9am to 1am, seven days per week.

The application is supported by a transport statement, a phase I contaminated land survey, a flood risk assessment and a design & access statement.

Site Characteristics The site formerly contained the buildings of Hall House Farm, now demolished. It is physically part of the Valley Leisure Park, and represents an unused part of the existing development. It is situated on a corner site between the Virgin Active gymnasium and the Cineworld cinema. The context is generally a leisure and commercial one, though there are residential properties on Crompton Way, Seymour Road and further away within the Valley site itself. The nearest residential properties are at a much higher level, 25 metres away and fronting Crompton Way.

The Valley Leisure Park is accessed from Waters Meeting Road via Eagley Brook Way, a

31 private access road which is not adopted by the Local Highway Authority, nor is it dedicated as highway.

Policy PPS1 Delivering Sustainable Development Draft PPS4 Planning For Prosperous Economies

RSS13 Regional Spatial Strategy (North West) DP1 Spatial Principles, DP2 Promoting Sustainable Communities, DP3 Promoting Sustainable Economic Development, DP4 Making the Best Use of Existing Resources and Infrastructure, DP5 Managing Travel Demand; Reducing the Need to Travel, and Increasing Accessibility, DP7 Promoting Environmental Quality, DP9 Reducing Emissions and Adapting to Climate Change

W1 Strengthening the Regional Economy, L2 Understanding Housing Markets, L3 Existing Housing Stock and Housing Renewal, L4 Regional Housing Provision, L5 Affordable Housing, RT2 Managing Travel Demand, RT3 Public Transport Network

UDP Policies D2 Design, A5 Roads, Paths, Parking and Servicing, A16 Pedestrians, EM2 Incompatible Uses, EM3 Pollution, S7 Hot Food Takeaways and Restaurants

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 nearby uses * impact on the character and appearance of the area * impact on the road network * impact on greenspace * impact on flood risk * impact on economic development

Impact on Nearby Uses Policies EM2 and EM3 seek to resist development which would give rise to pollution or to activities incompatible with existing nearby uses. Policy DP2 of RSS 13 encourages policies and proposals which foster sustainable relationships between homes, workplaces and other concentrations of regularly used services and facilities thereby balancing economic development with quality of life and the environment.

The use is considered appropriate for this area, given the generally commercial context. The

32 proposed use is not considered to be likely to give rise to land use conflicts over and above the existing nearby leisure uses. It has already been noted that the closest residential property is 25 metres away and there have been no objections from the Council's Pollution Control Officers, subject to conditions.

The proposal is considered to comply with UDP Policies EM2 and EM3 together with RSS policies seeking to reduce land use conflicts.

Impact on the Character and Appearance of the Area UDP Policy D2 requires new development to be compatible with its surroundings, to create a safe and secure environment which minimizes the possibility of crime, and is accessible and useable to people of a range of mobility and physical ability. Policy EM5 recognises the benefits of the reclamation of derelict land and building, provided that harm is not caused to historic features or wildlife habitats.

The site benefits from an existing consent for a four-storey building of a more distinctive design. A previously submitted proposal for a two storey building was refused on design grounds.

The building is considered to be compatible with the commercial context of this leisure park development. Materials vary in the area, but the proposal is generally compatible in these terms. The details of the design allow for both accessibility and security.

The appearance of the site is of a demolished farm dwelling that has returned to nature. In other locations and circumstances, an argument could be made for the site's retention in this condition. However, given the modern and significant development immediately adjacent, the site appears incongruous in its wild state. The development of this derelict land will be of benefit to the appearance of the area.

The proposal is considered to be compliant with UDP Policy D2.

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

The physical arrangements of the access from Waters Meeting Road via Eagley Brook Way are considered to be acceptable and it is noted that Highway Engineers do not object, subject to conditions. However, the owner of the access road has raised objection and states that there is no guarantee that they will allow access to staff and customers across their land, and neither do they consider themselves to be under any compulsion to do so. A condition will be imposed, requiring access to be gained prior to the development being brought into use.

Highway Engineers note the applicant's desire to improve access for pedestrians and therefore it is considered to be appropriate for a condition to be imposed requiring the upgrade and lighting of the nearby Public Right of Way.

A total of 38 standard car parking spaces are proposed within the site. The objector considers this to be insufficient and is concerned that staff and customers will be tempted to

33 use some of the hundreds of parking spaces at the Valley – though they would have no right to do so, nor would the operators of the Valley be under any compulsion to provide these spaces. However, the Council's adopted standards for parking spaces would set a maximum of 1 space per 7 square metres public floor area for this level of development, resulting in a maximum of 128 spaces and it must also be borne in mind that the 35 members of staff are unlikely to all be present on site at one time due to the spread of the opening hours. It must be noted that these are maximum standards, not minimum, and PPG13 Transport advises that Local Planning Authorities should not seek to require anymore spaces than a developer wishes to provide – except where there are clear and likely effects on highway safety. It should also be noted that, subject to condition, the Council's Highway Engineers do not object to either the principle of the development, or the amount of parking provision.

Impact on Greenspace Policy N1 states that the Council will permit development proposals that do not adversely affect the natural environment and biodiversity. Policies N7 and N8 seek to retain trees of amenity value where possible. Policy N9 seeks to protect rare or protected species and their habitats.

The proposed landscaped area has been widened at the request of the Council's Landscape Architects, together with the removal and replacements of a poor specimen of Ash and a condition will be imposed requiring a detailed scheme.

At the request of the Tree and Woodland Officer, the smoking shelter has been removed to give clearance to trees. A condition will be imposed requiring a woodland management scheme.

The Council's Wildlife Liaison Officer notes the loss of the pond, but considers its potential to be poor. As there is not scope for habitat improvement within the development itself, the woodland managements scheme should show details of litter removal as mitigation. Conditions are also suggested to prevent clearance during the nesting season and storage of construction materials in the woods.

Subject to the conditions referred to above, the proposal's impact on greenspace and nature conservation is considered to be acceptable.

Impact on Flood Risk UDP Policies EM10 and EM11 are consistent with PPS25 in that they seek to minimise the increase in surface water run-off, avoid an unacceptable increased rate of surface water run-off resulting in an increased risk of flooding and in areas susceptible to flooding that adequate measures are put in place to reduce the risk.

The applicant has provided a Flood Risk Assessment as the proposed building is partly in an area shown to be affected by Floodzone 3 of the Eagley Brook. Mitigation measures are proposed, and subject to the approval of the Environment Agency, these would be conditioned as part of the consent.

Impact on Economic Development PPS4 "Planning for Prosperous Economies" (draft) states that local planning authorities should consider proposals for economic development favourably unless there is good reason to believe that the social, economic and/or environmental costs of development are likely to outweigh the benefits and to take a constructive approach to changes of use where there is

34 no likelihood of demonstrable harm.

Policy DP1 of the Regional Spatial Strategy for the North West of England lists eight spatial principles that underpin the Strategy and are amplified by the eight policies which follow. It notes that these principles are relevant to development control. Policy DP2 prioritises the promotion of sustainable communities, by (amongst other things) fostering sustainable relationships between homes, workplaces and other concentrations of regularly used services and facilities, together with improving the built and natural environment. Policy DP3 states that it is a fundamental principle of the strategy to seek to improve productivity, and to close the gap in economic performance between the North West and other parts of the UK. Sustainable economic growth should be supported and promoted, and so should reductions of economic, environmental, education, health and other social inequalities between different parts of the North West, within the sub-regions, and at local level. Policy DP4 requires Local Planning Authorities to the make the best use of existing resources following a sequential approach which recognises the benefits of conversions of existing buildings to other uses. Policy DP5 requires that all new development be genuinely accessible by public transport, walking and cycling. DP7 requires that new development understands and respects the character and distinctiveness of places and landscapes. DP9 promotes the reduction of emissions by increasing urban density, reducing traffic growth and promoting walking, cycling and public transport.

The land is presently vacant and unoccupied and therefore represents an underused economic asset. The construction of the building would itself represent economic development and the use is anticipated to result in the creation of 35 jobs.

The proposal would deliver positive benefits in terms of economic development.

Value Added to the Development The proposal was subject to pre-application discussions following the refusal of the previous application in order to address the reasons for refusal. During the application process, particularly following the receipt of the objection and comments from consultees, amendments were sought which have resulted in a reduction in tree impact, a flood risk assessment, agreements to improve the public rights of way and nearby woodland including removal of fly-tipped material, a widened landscaping area and a lockable binstore.

Conclusion PPG4 contains a presumption in favour of economic development unless the harm can be clearly shown to outweigh the benefits. In this instance, whilst the comments of the objector have been taken into account, the disadvantages are not considered to be of such significance that they outweigh the clear benefits. Whilst it is unusual for the owner of part of the application to object to a proposal, this is considered to be a private matter of land ownership and property rights, and not to affect the planning merits. Furthermore, the principle of the development has already been agreed by the previous approval.

The proposal is considered to comply with the relevant policies and is recommended for approval.

35 Representation and Consultation Annex

Representations Letters:- one letter of objection has been received from the operators of the Valley Leisure Park, “No Problem Ltd.”. The grounds of objection include:-

· The provision of 38 car parking spaces for a use employing 35 staff in a building with 953 square metres is considered to be insufficient. This will result in drivers parking in the Valley Leisure Park car park, to the detriment of the objector's trade · No Problem Ltd are required under the terms of their lease to provide 1050 car parking spaces for their existing tenants and restaurant patrons parking at the Valley will cause them to breach this · The site is poorly served by public transport · The Blackburn Road / Waters Meeting Road junction is congested at peak times · A previous application has been refused on parking provision grounds, and whilst the floorspace has been reduced, so has the car parking provision · If the proposals are approved, No Problem Ltd will be forced to introduce car park patrols to prevent unauthorised use of their assets

Consultations Advice was sought from the following consultees; Highway Engineers, Pollution Control, Trees & Woodland, Landscape Design, Public Rights of Way, GM Police, Wildlife Liaison, Environment Agency

Planning History Planning permission was refused in January 2009 for the erection of a two-storey restaurant / function hall use, on the grounds of inappropriate design, loss of trees and insufficient parking (81005/08)

Planning permission was granted in June 2006 for the erection of a three storey restaurant / function hall use, with 98 car parking spaces. This consent has now expired (73794/06)

Outline planning permission was granted in November 2001 for the erection of a two three storey office buildings with integral parking. This consent has now expired (60214/01)

36 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. Before the development commences a woodland management plan, including details of the removal of litter and fly-tipped materials, shall be submitted to and approved by the Local Planning Authority. The approved plans shall be implemented in full.

Reason

To safeguard and enhance the visual appearance of the area.

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

37 monitoring, and response mechanisms in the event of non compliant monitoring results. The approved Remediation Strategy shall be fully implemented in accordance with the approved phasing and timescales and the following reports shall then be submitted to the Local Planning Authority for approval in writing: v) A Verification Report which should include a record of all remediation activities, and data collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

4. 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 activities 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.

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. Trees and shrubs shall be planted on the site in accordance with a hard and soft landscaping 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.

7. No development shall be commenced until full details of the type and colour of facing materials to be used for the external walls and roof 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.

38 8. No development shall be commenced unless and until a detailed scheme showing the design, location and size of a lockable 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.

9. The premises shall not be open to customers except between the hours of 9am and 1am.

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.

10. No development approved by this permission shall be commenced until a scheme for the provision and implementation of compensatory flood storage works has been approved by the Local Planning Authority. The works shall be constructed and completed in accordance with the approved plans and retained thereafter.

Reason

To alleviate the increased risk of flooding.

11. No development shall be commenced unless and until full details of the highway works at At footpaths 139 and 140 comprising the provision of street lighting 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

Pedestrian access to the site is presently poor and should be encouraged in the interests of sustainable development.

12. The development hereby approved/permitted shall not be brought into use unless and until full details of the provision to be made within the curtilage of the site for the parking, turning, loading and unloading of vehicles in connection with the proposed development have been submitted to and approved by the Local Planning Authority; such facilities shall be provided and marked out before the development hereby permitted is first brought into use and thereafter such facilities shall be retained and not be used for any purpose except the parking, turning, loading or unloading of vehicles.

Reason

In the interests of highway safety.

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

Reason

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

39 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) there shall be no means of vehicular access to the development hereby permitted/approved from Seymour Road.

Reason

In the interests of highway safety.

15. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Waters Meeting 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.

Notes:

. For the avoidance of doubt the applicant is advised that this decision relates to the following revised details/plans received by the Local Planning Authority on the dates shown:

Revised plans and elevations drawing ref 408051-01-011 revision d received 13th May 2009 Revised proposed site plan drawing ref 408051-01-012 revision a received 13th May 2009

. This approval does not grant consent for any new or replacement advertisements, approval of which may be required separately under the Town and Country Planning (Control of Advertisements) Regulations 1992.

Unitary Development Plan

N1 as the development proposals would not adversely affect the natural environment and biodiversity;

N5 as the development would protect the integrity and continuity of landscape features;

N7 as new tree planting and maintenance together are proposed together with habitat management and creation through landscape improvements and the benefit of the development outweighs the loss of some trees and hedgerows;

N8 as the removal of the trees protected by Tree Preservation Orders is to form part of the development scheme;

EM1 as the development proposals would make Bolton a cleaner, safer place;

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development by reason of pollution;

EM3 as the development would not have adverse effects on levels of air, water, land, noise and light pollution;

EM4 as investigation into land contamination has been carried out and suitable mitigation measures

40 would be secured by a planning condition;

EM5 as the development is for the reclamation and beneficial use of derelict land and buildings without unacceptable impacts;

EM10 as the development would not result in an unacceptable increased risk of flooding;

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

D3 as there is scope for sufficient landscaping at the detailed stage

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards;

A7 as the development is to accommodate secure motorbike and cycle parking in accordance with the Council's minimum parking standards;

A8 as the development site is accessible by public transport, cycling, walking and private hire taxis;

A9 as the development site will be accessible for people with disabilities;

A10 as the associated highway proposals do not result in the needs of cyclists, pedestrians and public transport users being subordinate to those of the private motorist;

A16 as the development proposals improve the environment for pedestrians;

S7 as the creation of the new restaurant would not adversely affect the living conditions of nearby residents or the operation of neighbouring uses in terms of highway safety, noise and disturbance and smells and odours;

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

42 43 44 Date of Meeting: 09 July 2009 Item Number: 3

Application Reference: 82244/09

Type of Application: Full Planning Application Registration Date: 19/05/2009 Decision Due By: 14/07/2009 Responsible Martin Mansell Officer:

Location: 290 HALLIWELL ROAD, BOLTON, BL1 3QB

Proposal: CHANGE OF USE OF GROUND FLOOR FROM BAKERY (CLASS A1) TO HOT FOOD TAKEAWAY (CLASS A5) AND INSTALLATION OF EXTRACTION FLUE

Ward: Crompton

Applicant: Mr Rabnawaz Agent : Y A Architectural Services

Officers Report

Proposal Consent is sought for the change of use of a former bakery to a hot food takeaway. An extraction flue is proposed for the rear elevation in order to extract and filter cooking smells.

The hours of opening proposed are from 11am until 11pm, or until midnight at weekends.

The existing self-contained flat above the premises would remain.

Site Characteristics The site is a typical mid-terraced two storey retail premises fronting Halliwell Road. Whilst the property already has the appearance and signage of a hot food takeaway, it is understood that the previous “King Naan” use was considered to be a bakery or a sandwich shop and therefore falling within the A1 use class.

The character of the area is similar to much of Halliwell Road in that it consists of a mix of commercial and residential properties fronting the highway. Indeed, the block containing the application site has both residential and commercial uses. There are two other hot food takeaways within this block, both within 50 metres of the application site. The row of properties to the rear is in wholly residential use.

The site lies within the Halliwell Road Local Shopping Centre

Policy PPS1 Delivering Sustainable Development PPS3 Housing Draft PPS4 Planning For Prosperous Economies

RSS13 Regional Spatial Strategy (North West)

45 DP1 Spatial Principles, DP2 Promoting Sustainable Communities, DP3 Promoting Sustainable Economic Development, DP4 Making the Best Use of Existing Resources and Infrastructure, DP5 Managing Travel Demand; Reducing the Need to Travel, and Increasing Accessibility, DP7 Promoting Environmental Quality, DP9 Reducing Emissions and Adapting to Climate Change

UDP Policies A5 Roads, Paths, Parking and Servicing, A16 Pedestrians, EM2 Incompatible Uses, EM3 Pollution, S7 Hot Food Takeaways

PCPN9 “The Location of Restaurants, Cafés, Public Houses, Bars and Hot Food Takeaways in Urban Areas” (revised February 2009)

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 nearby uses and the surrounding area * impact on the road network * impact on economic development

Impact on Nearby Uses and the Surrounding Area National policy, in the form of PPS1 “Delivering Sustainable Development” requires Local Planning Authorities to balance economic development with the impact on existing sensitive uses.

Policies EM2 and EM3 seek to resist development which would give rise to pollution or to activities incompatible with existing nearby uses. The UDP contains a specific policy on hot food takeaway uses, Policy S7, which states that the Council will permit development proposals for hot food take-aways and restaurants that do not adversely affect the living conditions of nearby residents.

The Council has for some time been concerned about the cumulative impact of hot food takeaways and the risk of harm that a proliferation and concentration of such uses could have on the character of an area and the living conditions of its residents. To this end, the supplementary planning guidance on A5 uses, PCPN9, was revised in February 2009 to contain a proliferation test. An unacceptable proliferation of A5 uses shall be considered to

46 occur where, as a result of a new proposal, there would be more than two existing, or approved, A5 uses within a 50 metre radius of the application site.

The terraced block consisting of 280 – 213 Halliwell Road already contains two hot food takeaways – “The Curry House” at No. 280 and “Valentinos” at No. 288, adjacent to the application site. Both of these existing A5 uses are within 50 metres of the application site. The properties at Nos. 294 – 312 within this block are in residential use.

It is considered that an additional A5 use within this terrace would result in a proliferation and concentration of such uses within the area, to the detriment of the living conditions of the residents of this block and those of the rows of residential properties opposite and to the rear. The proposal is contrary to both UDP Policy S7 and PCPN9 in this regard.

PCPN9 also contains advice on the relationship between residential properties and A5 uses. Hot food takeaways are not considered to be acceptable adjacent to residential properties, including those located above. Where there are residential properties above, a condition must be imposed requiring that the flat be occupied by either the owner of the business and his family or by members of staff working in the restaurant/ takeaway, and not be occupied as separate residential accommodation at any time.

The plans show that the existing flat above the application site would be retained. They also show this accommodation to be entirely self-contained, accessed from a separate back door and sharing no facilities in common with the existing ground floor use. In this instance it is considered that the imposition of the recommended condition, however desirable this may be, would be an unreasonable restriction on the existing lawful use – even if it were to be imposed with the agreement of the applicant. Guidance is clear that an applicant's acceptance of an unreasonable condition does not make it reasonable. Furthermore, whilst the provision of an external flue can reduce the impacts of odours, they cannot remove them entirely – particularly where the uses are in such close proximity.

The proposal is contrary to both UDP Policy S7 and PCPN9 in that it would result in a Hot Food Takeaway adjacent to a residential use, and it is not possible to alleviate this use conflict by the imposition of conditions which would pass the “reasonableness” test of Circular 11/95.

Highway Engineers note that there is no on-site provision for staff or customer parking and they consider this to be likely to lead to increased competition for on-road spaces on Halliwell Road and parking in nearby residential streets to the detriment of residential amenity.

Whilst the impact on the road network is not considered to be so great as to adversely affect the safety of highway users in UDP Policy A5 terms, it does lend weight to the residential amenity arguments above.

47 The proposal is considered to comply with UDP Policy A5 in road safety terms, but likely to cause nuisance to local residents by way of increased demand for already limited on-road parking spaces.

The premises appears to be currently closed, or at least closed during the day, and therefore represents an underused economic asset. Bringing the site into use represents a small economic benefit.

Conclusion Whilst the use of the site for A5 purposes would be a small but positive economic benefit in planning terms, this is not considered to outweigh the potential for harm likely to result from a proliferation and concentration of such uses within the area to the detriment of the living conditions of the nearby residents by way of noise, odour, disturbance, increased activity and increased demand for limited on-road parking spaces.

The proposal is contrary to UDP Policy S7 and Planning Control Policy Note No. 9.

48 Representation and Consultation Annex

Representations Letters:- one letter of objection has been received from a resident of Halliwell Road. The grounds of objection are:-

· The existing use has previously been investigated for unauthorised A5 use, but considered by Officers to be an A1 use. The objector disagrees with this finding. · There is already a concentration of A5 uses in this area, and it is understood that the Council is seeking to resist additional such uses. · The site has adjacent and facing residential properties · There is limited, if any, parking provision · The use will cause further noise and litter

Elected Members:- Councillor Darvesh has requested a Committee determination.

Consultations Advice was sought from the following consultees; Highway Engineers, Pollution Control

Planning History None.

50 Recommendation: Refuse

Recommended Conditions and/or Reasons

1. An additional A5 use within this terrace would result in a proliferation and concentration of such uses within the area, to the detriment of the living conditions of the residents of this block and those of the rows of residential properties opposite and to the rear by way of increased noise, activity, odour and demand for parking and is therefore contrary to both UDP Policy S7 and PCPN9.

2. The proposed development will increase noise, activity and odour in and around the premises to the detriment of the living conditions of the adjacent residents and is contrary to Policy S7 of Bolton's Unitary Development Plan and Planning Control Policy Note No.9 - "The Location of Restaurants, Cafes, Public Houses, Bars and Hot Food Take Aways in Urban Areas".

52 53 54 Date of Meeting: 09 July 2009 Item Number: 4

Application Reference: 82206/09

Type of Application: Full Planning Application Registration Date: 19/05/2009 Decision Due By: 14/07/2009 Responsible Jeanette Isherwood Officer:

Location: 73 HALL LANE, FARNWORTH, BOLTON, BL4 7QE

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

Ward: Farnworth

Applicant: Mr Aziz Agent : R A Design and Project Management

Officers Report

Background A larger scale proposal was refused at Planning Committee on 16/04/09.

Proposal The application proposes the erection of a two storey and single storey rear extension.

The single storey element of the proposal will be 3 metres long, 1.9 metres wide and high, running along the party boundary with 71.

The two storey element will be 2.4 metres wide, a continuation of the existing outrigger lengthening it by an additional 3.3 metres.

Site Characteristics This is a mid terraced house in a row of 4. The property has an existing two storey rear outrigger handed with that of 75. All 4 of the properties were built with this outrigger. The adjacent property at 71 also has a two storey side extension as a later addition. The end property at 69 has further extended the outrigger by 4 metres, a similar development to the applicant’s proposal. The property has an open aspect to the rear.

Policy RSS (2008) Policies DP1 Spatial Principles, DP2 Promoting Sustainable Communities and DP7 Promoting Environmental Quality. UDP (2005) D1/D2 Design

Planning Control Policy Notes No. 2 Space Around Dwellings No. 3 House Extensions

55 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 adjacent properties Impact on the character and appearance of the area

Impact on adjacent properties PCPN 3 sets out criteria for extensions to dwellings and in particular applies a flexible approach to such extensions to terraced properties and states that each application should be judged on its merits. The views of Committee Members extend beyond this to the effect that they are generally supportive of extensions that allow additional facilities for occupiers, thus avoiding the need for them to move home. This in turn meets the principle of Central Government advise which within PPS 3 states that LPA’s should develop a shared vision with their local communities of the type of residential environments they wish to see and develop design policies that set out the quality of development that will be expected for the local area.

An objection has been received from the owner of the properties at 75 and 71 concerned that the light to the rear of his property will be severely reduced by the extensions and other site conditions. The LPA takes a stance in Policy HE12 that traditional terraced properties by virtue of their age and design are much more restricted in terms of the space available for extensions, the available space usually being to the rear of the property. The size and close proximity of terraced properties is such that no extension could be built without impacting on the neighbouring properties. With that in mind two storey extensions are restricted to 4 metres in length as measured from the original dwelling. This two storey element will be within these limits and is therefore considered to be acceptable.

The single storey proposal should also be judged on its own merits and in accordance with the Development Plan and any other material planning considerations. In this instance the Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2008 is a material consideration. The regulations governing householder extensions were amended in this Order and single storey rear extensions, of a length of up to 3 metres are allowed on this type of property, subject to certain conditions. Bearing in mind this most up to date legislation, it is considered that it should be attributed more weight in the determination of applications where supplementary guidance can be shown to be clearly out of date and inconsistent with national legislation. It should also be borne in mind that it would be possible for the applicant to undertake the single storey element of the rear extension to the existing house under PD rights.

56 The proposed extension leaves an area to the rear for refuse bin storage.

Impact on the character and appearance of the area Policy D1/D2 and RSS policies DP2 and DP7 seek to ensure that new developments are in character with the existing dwelling and the overall character of the area whilst promoting overall environmental quality.

The proposed extension is considered to be of good design and is in-keeping with the existing house.

Conclusion In conclusion the extension complies with the national policy as set out in PPS3 and also with Bolton’s UDP as the development is believed to be enhancing the residential property, in terms of the needs of the people within that area, the functionality and the visual attractiveness of the dwelling. The extension is believed to be an appropriate addition to the existing dwelling and therefore is recommended for approval. The application is also in accordance with Members views for extensions to similar properties.

Value Added to the Development None

Technical Consultations None sought

Planning History 81814/09 - Two storey rear extensions. Ref 16/04/09

Letters One letter of objection from the owner of 71 and 75 Hall Lane. The two main concerns being;

1. The proposal does not comply with present Council Policies.

2. The proposal will lead to a drastic reduction in light to 71 and 75 Hall Lane.

Executive Members - Cllr Lord requested the application be brought before Committee.

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

Reason

To ensure adequate standards of privacy are obtained.

4. 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 first floor 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.

Notes:

1. The Council has granted planning permission, subject to the conditions listed above, because the proposed development is in accordance with all relevant policies of the Development Plan (the UDP and the Regional Spatial Strategy Plan for the North-West), as is required by Section 38 of the Planning and Compulsory Purchase Act 2004. There are no material considerations, as specified in the Planning Officer Report, that outweigh this justification to support the grant of planning permission. A summary of the relevant Development Plan policies pursuant to Article 22 of the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003 and how the proposed development relates to these policies is set out below.

Unitary Development Plan

D1 and D2 as the application displays good urban design which would preserve local distinctiveness.

60 61 62 Date of Meeting: 09 July 2009 Item Number: 5

Application Reference: 82257/09

Type of Application: Full Planning Application Registration Date: 22/05/2009 Decision Due By: 17/07/2009 Responsible Jeanette Isherwood Officer:

Location: 5 WALKER AVENUE, BOLTON, BL3 2DU

Proposal: ERECTION OF PART SINGLE / PART TWO STOREY EXTENSION AT SIDE

Ward: Great Lever

Applicant: Ms Pasha Agent :

Officers Report

Background A larger scale application was refused under delegated powers on 4/08/04. This application was refused on the grounds that the extension would lead to a terracing effect on the row and would have a detrimental impact on the adjacent property. This scheme has been reduced in height and length with a smaller first floor section. The refused application was determined before the re drafting of the present householder policy guide.

Proposal The application proposes a part single/part two storey extension to the side of the property.

The ground floor element of the proposal will be 8.6 metres long and 2.6 metres wide.

The first floor element of the proposal will be 4.2 metres long, 2.6 metres wide and set back from the front elevation by 2 metres.

Site Characteristics This is a 1930's semi-detached house with an existing garage to the side/rear and a two storey rear extension. The property is seperated from 3 by a boundary fence approximately 1.3 metres high. There is a slope to the ground with 3 being approximately 0.5 metres lower than 5. This property has a bay kitchen window to the ground floor side elevation that is obscure glazed, with a large, leaded landing window and small obscure bathroom window at first floor level. 3 also has a single storey rear extension approximately 3-3.5 metres long.

Policy RSS (2008) Policies DP1 Spatial Principles, DP2 Promoting Sustainable Communities and DP7 Promoting Environmental Quality.

63 UDP (2005)

D1/D2 Design

Planning Control Policy Notes No. 2 Space Around Dwellings No. 3 House Extensions

The Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2008

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 adjacent properties Impact on the character and appearance of the area

Impact on the adjacent properties. Planning Control Policy Note No 3 - 'House Extensions' states that two storey side extensions which have blank gable walls which would face an existing main window to a main room within a neighbouring property should not come within 13.5 metres of those windows. However in this case the two storey and single storey element of the proposal do not face any principal windows and are therefore considered to be acceptable. (This judgement is made on the basis that all the side windows are obsure glazed or serve a landing)

The owner's of 3 and 7 Walker Avenue have raised concerns with regard to a loss of light to the side windows of 3.

Impact on the characted and appearance of the area. Planning Control Policy Note No 3 states two storey extensions should provide a minimum distance of 1 metre to the party boundary. If, however, this distance cannot be achieved, the proposed first floor extension should be set back from the front elevation a minimum of 2 metres. In addition, the roof of the extension should be at a lower level than the existing main roof of the dwelling. Two storey side extensions have a greater impact on the street scene and if the character of the surrounding area is one of semi detached and detached properties, two storey extensions that come up to the party boundary with the adjacent property can alter the character of the area by creating a terraced effect.

64 The proposed two storey element of the extension complies with the above policy and is therefore not considered to contribute to a terracing effect.

Policy D1/D2 and RSS policies DP2 and DP7 seek to ensure that new developments are in character with the existing dwelling and the overall character of the area whilst promoting overall environmental quality.

The proposed extension is considered to be of good design and is in-keeping with the existing house.

The owners of 3, 7 and 10 Walker Avenue have expressed concerns that the two storey element will effect the character and appearance of the area due to its closeness with 3. However, as previously outlined the proposal is considered to be acceptable bearing in mind the existing site circumstances as mentioned above.

The single storey element of the proposal provides a garage space and the property benefits from a driveway to the front which is capable of providing space for one car clear of the highway. A condition will be added to the approval to ensure a roller shutter door is used to the front of the garage in line with highway safety guidelines. The proposed garage will also provide out of sight storage for the properties household refuse bins.

Conclusion The proposal complies to the policies as set out above and is therefore recommended for approval.

65 Representations and Consultation Annex

Representations Letters:- 3 Letters of objection have been received from 3, 7 and 10 Walker Avenue. Their concerns are as follows;

1. Loss of light to 3 2. Detrimental impact on the character of the area due to closeness to 3's boundary. 3. Creation of a terracing effect on the row. 4. Highways Safety issues. 5. Loss of View.

Elected Members:- Cllr Murray has requested this application be brought before Committee and that an advanced site visit be made.

Consultations None sought

Planning History As above 69477/04 two storey rear extension AC 2004

66 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

Reason

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

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 elevation of the development hereby approved/permitted other than those shown (indicated) on the approved drawings (if any) nor shall those existing windows, doors or other openings (if any) be enlarged or altered.

Reason

To ensure adequate standards of privacy are obtained.

4. The garage shall be fitted with a roller shutter type door to the front, in accordance with details of its design and appearance to be submitted to and approved in writing by the local Planning Authority. the approved door shall be installed before the garage is first used, and retained thereafter.

Reason

To ensure there is sufficient space to open the garage door whilst retaining the parking space.

Notes:

Unitary Development Plan

D1 and D2 as the application displays good urban design which would preserve local distinctiveness.

67 68 Date of Meeting: 09 July 2009 Item Number: 6

Application Reference: 81639/09

Type of Application: Full Planning Application Registration Date: 11/02/2009 Decision Due By: 08/04/2009 Responsible Martin Mansell Officer:

Location: EGYPTIAN MILL, SLATER STREET, BOLTON, BL1 2HP

Proposal: CHANGE OF USE OF FORMER MILL (B2 AND B1) TO MOHIUDDIN GIRLS COLLEGE WITH ACCOMMODATION (C2)

Ward: Halliwell

Applicant: Al Ehya Trust Agent : DNT Technology

Officers Report

Background This application was deferred at an earlier meeting as Members had a number of questions regarding the proposal and the proposed use. Members also requested that the applicant or their representative attended the meeting.

The applicant's agent, Derek Tandy of DNT Technologies, will be attending the meeting. A letter responding to Members questions has been provided and is reproduced in full within the body of this report.

To clarify one other point raised, 22 parking spaces would be provided on the side car park, and a further 16 at the front. A conditon would be imposed, requiring the provision of these 38 spaces.

Proposal Consent is sought for the change of use of a currently vacant mill to an Islamic girls boarding school and college.

The first, second, third and fourth floors of the former mill would be divided into 126 residential rooms, each with 3 or 4 beds, resulting in the accommodation of a maximum of 434 paying students. The ground floor would be used for educational purposes such as large classrooms, an assembly hall and dining room.

It is understood that the Applicant operates a number of such colleges (known as "Mohiuddin Colleges") both nationally and internationally. Their stated aim is to strengthen individuals, facilities and communities through the provision of religious-based further education for young women aged 16 and over.

It is anticipated that the college would employ 15 full-time members of staff and 5 part-time. Hours of use for the educational element are suggested to be from 08:30hrs to

69 15:30hrs, Mondays to Fridays.

Little in the way of external alterations are proposed, though this point is an issue which has been raised by Greater Manchester Police and will be addressed in the analysis section.

38 car parking spaces are proposed in two separate car parking areas, and a lawn area measuring 112 square metres would be provided.

Site Characteristics The site is a large five-storey mill, located on Slater Street just west of Higher Bridge Street. Its last use was by Vernacare Ltd, but it is currently vacant.

The area is mixed in character and includes retail, manufacturing and residential. Benjamin Court, directly to the west, is operated by Bolton Council for emergency short-term residential accommodation. The short terrace of houses at 12-18 Slater Street appear unoccupied. To the south are the Aldi supermarket and the commercial use at Osman House. Terraces of commercial properties front Higher Bridge Street to the east, and there is social housing located further to the north and west.

Policy PPS1 Delivering Sustainable Development

Regional Spatial Strategy 13 North West (2008) DP2 Promoting Sustainable Communities, DP4 Making the Best Use of Existing Resources and Infrastructure, DP5 Managing Travel Demand, Reducing the Need to Travel and Increasing Accessibility, DP7 Promoting Environmental Quality, W3 Employment Land, RT2 Managing Travel Demand.

UDP Policies D2 Design, A5 Roads, Paths, Parking and Servicing, A6 Maximum Parking Standards, A16 Pedestrians, EM2 Incompatible Uses, EM3 Pollution, CP1, CP3, CP4 Community and Education Facilities.

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

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

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

The main impacts of the proposal are:-

* impact on the character and appearance of the area * impact on sustainable communities and community provision * impact on the road network * impact on employment provision

70 Impact on the Character and Appearance of the Area RSS Policy DP7 requires Local Planning Authorities to promote environmental quality, in terms of both design and the impact of proposed uses on existing uses.

UDP Policies EM2 and EM3 seek to resist development which would give rise to pollution or to activities incompatible with existing nearby uses. UDP Policy D2 requires new development to be compatible with its surroundings, to create a safe and secure environment which minimizes the possibility of crime, and is accessible and useable to people of a range of mobility and physical ability.

The last lawful use of the site was as a mix of manufacturing, storage and distribution related to the Vernacare operation. This represents a fallback position against which the potential impact of the proposed use should be compared. The building was originally built for industrial purposes and it is considered unlikely that the proposed educational and residential use could have an impact by way of noise or disturbance over and above that of the previous use.

Greater Manchester Police raise a number of concerns such as the area being subject to crime and disorder, the present 'fortress like' appearance of the building and its security measures, together with inadequate parking. This last issue will be addressed in the road network section of this report. Whilst existing crime and disorder is a consideration for this proposal, Officers take the view that increasing activity and movement in this area will be to the benefit of security. The site is close to Higher Bridge Street, and Slater Street itself carries a degree of traffic which means that the site and the area do not feel isolated or lacking in natural surveillance. A condition will be imposed, at the recommendation of Greater Manchester Police, requiring details of security measures together with ways of softening and improving the appearance of this industrial premises.

Clearly, it is intended that the building will be used by a high number of people. The majority of the building is given over to the residential accommodation of students at a relatively dense level. The space of each individual accommodation unit appears limited in comparison to a typical residential development. Internally, the provision of accommodation may be a matter of concern, but the intervention of development control into the field of matters otherwise controllable under housing or environmental health powers may only be justified when the potential for overcrowding implied has a knock-on effect on wider amenity or land use concerns. This is not considered to be the case in this instance.

The impact on the character and appearance of the area is considered to be acceptable when compared with the potential effects of the present lawful industrial use.

Impact on Sustainable Communities and Community Provision RSS Policy DP2 places a requirement on Local Planning Authorities to promote sustainable communities. It requires that they take into account the economic, environmental, social and cultural implications of development and spatial investment decisions on communities. RSS Policy DP4 recognises the benefits of the conversion and re-use of existing buildings.

RSS Policy L1 states that Local Planning Authorities should ensure that there is provision for all members of the community (including older people, disabled people and the black & minority ethnic population) for the full spectrum of education, training and skills provision, ranging from childcare and pre-school facilities, through schools, to further and higher education and to continuing education facilities and work-related training. In doing so they

71 must take account of the views of the local community (including service users) and carry out an assessment of demographic, sporting, recreational, cultural, educational, skills & training and health needs in local communities. Furthermore, they should ensure that accessibility by public transport, walking and cycling is a central consideration. Particular attention should be given to improving access to and addressing spatial disparities in service and facilities provision, in areas which have the greatest needs (in terms of poverty, deprivation, health and education inequalities, rural service provision), or where communities or the local economy are poorly served.

UDP Policy CP1 states that the Council will permit community facilities in accessible locations. Policy CP3 states that the Council will permit development for new and expanded education facilities in accessible locations well served by public transport. Policy CP4 states that the Council will permit the development of community facilities either close to or accessible to the communities they serve.

The above policies recognise the benefits of community and educational facilities, and are considered to represent a policy presumption in favour of such developments capable of outweighing other considerations in some instances. The site is accessible due to its edge of centre location, close to Higher Bridge Street, Blackburn Road and Halliwell Road and is well served by public transport. In a supporting letter, the Applicant has stated that they expect the vast majority of students to be drawn from the local community which the development is intended to serve.

Outline planning permission was granted in 2006 for the demolition of the building and subsequent redevelopment for residential use. In granting this consent, Planning Officers took the view that whilst the building had some features of interest, it was not worthy of listing and therefore its demolition could not reasonably be resisted as the demolition of non-residential buildings is excluded from the definition of development. Nevertheless, the retention and conversion of buildings is generally preferable to demolition as it is more sustainable to reuse buildings and materials due to the energy expended in reconstruction, and it is particularly preferable where the building has features of interest, such as the decorated tower of this mill. For these reasons, Policy DP4 of RSS13 recognises the benefits of the conversion and re-use of existing buildings, and so whilst their demolition cannot be resisted, the retention of a building should be considered as a positive element in the planning balance.

There are clear planning benefits to be gained from the reuse of this vacant building for educational and community purposes and the proposal is considered to comply in full with RSS Policies DP2, DP4 and L1, together with UDP Policies CP1, CP3 and CP4.

Impact on the Road Network RSS Policy D5, together with Policy RT2 requires Local Planning Authorities to consider the need to manage travel demand; reduce the need to travel, and increase accessibility. Development should be located so as to reduce the need to travel, especially by car, and to enable people as far as possible to meet their needs locally. All new development should be genuinely accessible by public transport, walking and cycling.

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

72 Policy A6 sets out maximum number of car parking spaces for a range of developments and uses.

It has already been noted that the proposal is accessible and well related to an important public transport corridor running north and south linking Blackburn Road with Bolton Town Centre. Furthermore, by taking a residential approach to the provision of education, the proposal avoids much of the traffic generation associated with other educational uses. This means that the proposal reduces the need to travel, a key aim of policies relating to transport.

A total of 38 car parking spaces would be provided. The Council's adopted parking standards would set a maximum of 1 parking space per for beds for such a use - in this instance, this sets a maximum of 108 spaces which clearly cannot be accommodated at the application site. However, it should be noted that this number represents a maximum ceiling, not a minimum provision, and that this figure should be revised downwards in locations, such as that of the application site, which are well served by public transport or close to the town centre. Furthermore, the car parking standards would set a maximum of 200 car parking spaces for the existing industrial use, which also can not be met at the site, and historically has never been met. It is also noted that the Council's Highway Engineers do not raise objection to the proposal.

The impact on the road network is considered to be acceptable.

Impact on Employment Provision RSS Policy W3 states that Local Planning Authorities should make provision for an adequate supply of employment land.

The Council has adopted UDP policies such as E5 relating to the protection of allocated employment land, but the application site does not fall within such a location. Nevertheless, the issue of employment provision remains a material consideration. Colleagues in the Council's Regeneration and Economic Development Division advise that whilst the proposal does not conflict with the Bolton Mills Action Framework, further information is required to demonstrate that the proposal will not conflict with the adjacent industrial and employment uses, together with details of any businesses still operating in Egyptian Mill, and a strategy to relocate such businesses locally to safeguard jobs, and details of the employment that the proposal could generate. Whilst this information has been sought from the Applicant, and would be reported at the meeting, Members are advised that the lack of an employment allocation here is considered to prevent this factor from being a determinant in its own right.

Conclusion The proposal is considered to represent the beneficial reuse for educational purposes of a building considered to contribute positively to the appearance of the area and to Bolton's industrial heritage. Whilst the proposed accommodation may be considered minimal, it is difficult to see how this could impact externally on the area or nearby uses and thus there is considered to be no land use planning reason to resist a proposal that would deliver clear community and educational benefits to the Borough.

73 Representation and Consultation Annex

Representations One letter of objection has been recieved from a nearby resident who does not consider this to be an appropriate location for a school as they can see it from their house.

Consultations Advice was sought from the following consultees; Highway Engineers, Pollution Control, GM Police, Regeneration and Economic Development Division

Planning History Outline planning permission was granted in 2006 for the demolition of the building and subsequent redevelopment for residential use. This consent expired in April 2009 without being implemented or renewed (73484/06)

74 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 development hereby approved/permitted shall not be brought into use unless and until a scheme of security measures, together with ways of softening and improving the appearance of the building have been submitted to and approved by the Local Planning Authority. Such details as are approved shall be implemented in full prior to the building being brought into the approved use, and retained thereafter.

Reason

In the interests of crime reduction.

3. The development hereby approved shall not be brought into use unless and until a lawn area has been provided within the curtilage of the site, in accordance with the approved details. The lawn area shall be retained thereafter.

Reason

To ensure that adequate green space provision is made.

4. The development hereby approved shall not be brought into use unless and until not less than 38 car parking spaces have been marked out and provided within the curtilage of the site, in accordance with details which will have been submitted to and approved by the Local Planning Authority. 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.

5. No educational use shall take place at the site except between the hours of 800 and 1900.

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.

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

75 7. 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.

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

Reason

To encourage cycle use and provide adequate facilities for cyclists.

9. 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.

Notes:

Unitary Development Plan

D2 as the proposal is compatible with its surroundings, creates a safe and secure environment which minimizes the possibility of crime and is accessible and useable to people of a range of mobility and physical ability.

A5 as there will be no adverse impact on the road network

A6 as the maximum car parking standards will not be breached

A16 as the pedestrian environment will not be compromised

EM2 as the development would avoid unacceptable impacts on existing uses or likely future development

EM3 as the development would not have adverse effects on levels of air, water, land, noise and light pollution

CP1 as the proposal represents a community facility in an accessible locations.

CP3 as the proposal represents a new education facilities in an accessible locations well served by

76 public transport.

CP4 as the proposal represents the development of a community facilities close to and accessible to the community it serves.

Regional Spatial Strategy 13 North West (2008)

DP2 as the development promotes sustainable communities

DP4 as the proposal brings a vacant building back into beneficial use

DP5 as the proposal reduces the need to travel

DP7 as environmental quality is maintained and improved

W3 as allocated employment land will not be lost

RT2 as the proposal reduces the need to travel

77 78 79 80 81 82 83 84 Date of Meeting: 09 July 2009 Item Number: 7

Application Reference: 82187/09

Type of Application: Full Planning Application Registration Date: 01/06/2009 Decision Due By: 27/07/2009 Responsible Pat Naylor Officer:

Location: 43 ST ANN STREET, BOLTON, BL1 3SU

Proposal: ERECTION OF FIRST FLOOR EXTENSION AT REAR

Ward: Halliwell

Applicant: Mr S Patel Agent : Mr S Saund

Officers Report

Proposal This application is to erect a first floor extension measuring 5.9 metres, projection from the existing rear elevation of the dwelling.

Site Characteristics This property is an end terraced dwelling with an existing single storey extension 2.8 metres wide and extending the full length of the yard at 5.95 metres. There are no other two storey extensions along this row of terraces although there are others in the immediate area measuring no longer than 4 metres. To the side is a further row of terraced dwellings sited at right angles thereby the rear elevations overlook the side of this application property.

Policy UDP Policies D1 D2 Design

PCPN3 House Extensions

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.

85 The main impacts of the proposal are:-

*Impact on the neighbouring dwellings *Impact on the character of the area

Impact on the neighbouring dwellings The proposed first floor extension abuts the party boundary with 41 St Anne Street and would extend the full length of the existing single storey extension (5.9 metres). The adjoining dwelling has principal windows on the rear elevation of which the proposed extension would impinge on both the 30 and 45 degree angles from the affected rooms. This is clearly at odds with current policy and also the guidance offered by Members whereby extensions up to 4 metres in length may be acceptable. Members considered that this length was acceptable as it allows properties to make provision for basic facilities and the specific needs for the occupiers on these smaller properties. In this instance it is considered that the proposed length of almost 6 metres is excessive and would have an adverse impact on the living conditions of the adjoining occupiers with regards to overshadowing, outlook and loss of light.

The proposal incorporates a bedroom window on the rear elevation. This would not only directly overlook the back street but would also fall short of the required minimum interface distance of 21 metres to the property opposite. A distance of just over 12 metres could be achieved. This shortfall would give rise to overlooking and loss of privacy.

Impact on the character of the area Policy D2 of the UDP states that development proposals should be compatible with their surroundings. Consideration is given to the effect the extension would have on the street scene as stated in PCPN3 on House Extensions. This is a corner dwelling with the row of terraces at the side in close proximity. Although there are other two storey extensions in the immediate area, they have not been erected on this scale. It is therefore considered that this development on this scale and size could set a precedent for other larger developments which would be difficult to resist to the detriment of the street scene, as these types of extensions narrow the openness within the street. It is also considered that due to the close proximity of the properties to the side, this would also contribute to a loss of openness and sense of space on Back Clyde Street. Therefore it is considered that the proposed extension would be contrary to Policy D2 of the UDP and PCPN3 on House Extensions.

86 Representations and Consultation Annex

Representations Letters:- none

Petitions:- None

Town Council:- None

Elected Members:- Councillor Zaman has requested that this application be presented to Committee.

Consultations None

Planning History 65421/03 - Approval for the erection of a single storey extension.

88 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 41 Thorn Street and 46 Worcester Street and is contrary to Policies D1 and D2 of Bolton's Unitary Development Plan and Planning Control Policy Note No.3 - "House Extensions".

89 90 91 92 Date of Meeting: 09 July 2009 Item Number: 8

Application Reference: 82050/09

Type of Application: Full Planning Application Registration Date: 08/05/2009 Decision Due By: 03/07/2009 Responsible Andrew McGlone Officer:

Location: 9 ALBERT ROAD, BOLTON, BL1 5HE

Proposal: DEMOLITION OF EXISTING DWELLING AND ERECTION OF TWO DETACHED DWELLINGS

Ward: Heaton and Lostock

Applicant: Mr Hart Agent : Wood Associates

Officers Report

Proposal Permission is sought to erect two detached residential properties following the demolition of no. 9 Albert Road. Each property takes on a mixed three and two storey appearance, although the ridge lines are consistent throughout at 10.1 metres. A mixture of brick and render are to be used, with a slate roof. Seven bedrooms are to be created in both properties.

Access is taken from Albert Road, one of the dwellings will utilise the current access point, with a new access point created for the southern most dwelling. Landscaping is to be retained around the site in the form of a number of mature trees and open grassed areas to the front and rear.

Site Characteristics Albert Road is an established residential area containing reasonably large dwellings situated on good sized plots. In recent years plots have been developed in the form of two storey dwellings, replacing many original bungalows. If consent is granted for the proposed development, no.7 would be the last remaining bungalow. Opposite the site are three storey Victorian properties. Carlton Road bounds the northern extent of the site.

Around the site is mature landscaping, including several notable tree species. This provides a valuable screen between respective adjoining dwellings and will afford the site an element of maturity within its setting. Albert Road rise in levels from Chorley New Road with the site being higher than no. 7. The site itself slopes down from Carlton Road towards 7 Albert Road.

Policy PPS1 Delivering Sustainable Development; PPS3 Housing

RSS for the North West DP1 Previously Developed Land; L2 Housing Supply

93 UDP Policies A5 Highways; A6 Parking Standards; D1 and D2 Design; D3 Landscaping; EM4 Contaminated Land; H3 Housing; N7 Trees; N8 Protected Trees; N9 Protected Species

PCPN2 Space around Dwellings; PCPN7 Trees; PCPN10 Crime; PCPN27 Housing Development

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 Privacy * impact on Trees and Landscaping * impact on Vehicular Access from Albert Road * Other Matters

The Principle of Residential Development PPS3 outlines the governments stance on previously developed land. A residential unit is currently found on site. The site is not therefore a greenfield site, the building is not listed and therefore in principle residential development on this site is acceptable and is consistent with national and local planning policy.

Impact on the Character and Appearance of the Area Policies D1 and D2 strive to ensure development proposals integrate into the surrounding area by virtue of good urban design, their scale, massing, appearance and use of materials.

Albert Road contains a mixture of property styles, ranging from large detached properties through to apartment units. This part of Albert Road is particularly characterised by detached properties, although the bungalow at no.7 remains, being the only one of this type locally which remains. Three storey dwellings are opposite the site.

The proposed design takes on a traditional form, similar to other recent schemes and the massing and scale is compatible overall with the existing pattern of development. Mature trees will also act as a natural boundary feature affording the site an element of maturity as a development site.

Due to the size of the plot two large dwellings can comfortably be accommodated within the site. Amendments have been made following the previously withdrawn scheme to improve

94 the spacing between the units and likewise between the trees and each unit. (Application ref: 80711/08) Front and rear amenity areas are considered to be consistent with the established pattern along Albert Road.

Adequate space will be provided to accommodate parking and bin store.

The proposal complies with policy D2 of the UDP.

Impact on Privacy PCPN2 offers guidance on interface distances between residential developments. For principal window relationships it advises a distance of 21 metres should be maintained. For principal and blank elevations it should be in excess of 17 metres.

Principal windows are situated on the front and rear elevations of this development facing Albert Road and properties on Somerdale Avenue respectively. Secondary windows are located in the side elevations.

Between principal windows there is a minimum interface of 29 metres, at other points this extends to up to 36 metres. Secondary windows are located on the gable elevation facing no. 7 Albert Road. Several windows can be found in the side elevation of no.7, however an interface of 23.8 metres is observed.

Preservation of the existing landscaping will enhance the privacy and amenity of residents.

All respective interfaces comply with PCPN2.

Impact on Trees and Landscaping Policies N7 and N8 outline the Councils stance on proposals involving trees. The Council is committed to ensuring developments do not result in the loss of trees, woodland areas or hedgerows which are considered to be of a benefit to the area.

Amendments have been made following the withdrawal of application ref: 80711/08 to bring the respective units away from the established trees.

The proposal has sought to retain the majority of the existing landscaping and ensure sufficient room remains around the curtilage of the site to enable future growth. Three Eucalyptus and one Cypress trees are shown for removal. The T&WO considers that the loss of these trees will not have an impact on the amenity of the area and does not raise concern to their removal. The landscaping is seen to be a key contribution to the character of the site and wider area.

Access into the southern dwelling is within the root protection zone of a Silver Birch tree. A method statement on the construction of the drive is to be controlled via a planning condition.

The proposal therefore complies with policies D3, N7 and N8 of the UDP.

Impact on Vehicular Access from Albert Road Access into each dwelling would be via Albert Road, one new driveway is to be created to serve the southern dwelling. The layout of the access points is similar to that of properties on the opposite side of Albert Road. Adequate visibility splays are available for vehicles leaving the site.

95 Each property has a double garage and sufficient hardstanding to the front to enable vehicles to enter and leave the site in forward gear. Both aspects of the proposal comply with policies A5 and A6 of the UDP.

Other Matters The applicant has undertaken a bat and contaminated land survey. The results of each do not raise any sensitive issues, however should evidence be found of bats then professional services should be sought at the time the existing buildings are being cleared

Conclusion The proposal complies with national, regional and local planning policies. Members are accordingly recommended to approve the application subject to conditions.

96 Representation and Consultation Annex

Representations Letters:- two letters of objection have been submitted. The grounds for objection are as follows:

· loss of privacy; · the properties should be two storey's only and not three as proposed; · the proposal is not in keeping with other along Albert Road

Consultations Advice was sought from the following consultees; highway engineer, environmental health, tree and woodland officer, wildlife officer, united utilities

Planning History Permission was sought to demolish the existing bungalow and erect two detached properties in its place in 2008. This application was withdrawn by the applicant on officer advice as the proposed dwellings were too close to each other and a number of trees on the site. Ref: 80711/08

97 Recommendation: Approve subject to conditions

Recommended Conditions and/or Reasons

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

Reason

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

Reason

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

98 collected to demonstrate that the remediation objectives have been met; and vi) A Monitoring and Maintenance Report (if appropriate). This should include monitoring data and reports, and maintenance records and reports to demonstrate that long term monitoring and maintenance objectives have been met. Reason

To ensure that the development is safe for use.

4. 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.

5. 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.

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

Reason

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

7. The development hereby approved/permitted shall not be brought into use until the means of vehicular access from Albert 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.

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

Reason

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

9. The development hereby approved/permitted shall not be brought into use unless and until a visibility splay measuring 2.4 metres by 70 metres is provided at the junction of Carlton Road with Albert Road ,and subsequently maintained free of all obstructions between the height of 1 metres and 2 metres (as measured above carriageway level).

Reason

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

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

Reason

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

Reason

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

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

Reason

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

13. No vegetation clearance should take place between the months of March and August inclusive.

Reason The site has the potential to support breeding birds. It is an offence under the Wildlife and Countryside Act 1981 (as amended) to disturb birds whilst they are breeding.

14. If evidence of bats are found then work must cease and appropriate advice sought and implemented by a licensed bat surveyor.

Reason

To safeguard the habitats of protected species in accordance with Policy N9 of the Unitary Development Plan which seeks to ensure that development does not adversely affect a protected species or other rare species or its habitat.

15. Prior to the commencement of development of any works on site, the developer shall provide a method statement for the construction of the southern driveway which shall be submitted to and approved by the Local Planning Authority. No development or site clearance shall take place until the Local Planning Authority has agreed the measures in writing, and these measures shall then be implemented in accordance with the approved details.

Reason

To ensure the favourable retention of the Silver Birch tree in the south east corner of the site.

16. 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

100 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.

Notes:

Unitary Development Plan

N8 as the removal of the trees protected by Tree Preservation Orders is to form part of the development scheme;

EM4 as investigation into land contamination has been carried out and suitable mitigation measures would be secured by a planning condition;

D1 and D2 as the application displays good urban design which would preserve local distinctiveness;

D3 as there is scope for sufficient landscaping at the detailed stage;

A5 as the development proposals take into account provision for roads, paths, servicing and parking;

A6 as the development is to provide car parking based on the Council's maximum car parking standards;

Regional Spatial Strategy

DP1 as the development would regenerate previously developed land in a urban area, be of suitable design quality and would meet sustainability requirements;

L2 as the development will increase housing supply;

101

106 Date of Meeting: 09 July 2009 Item Number: 9

Application Reference: 82139/09

Type of Application: Full Planning Application Registration Date: 08/05/2009 Decision Due By: 07/08/2009 Responsible Martin Mansell Officer:

Location: REGENT PARK GOLF CLUB, LINKS ROAD, LOSTOCK, BOLTON, BL6 4AF

Proposal: CHANGE OF USE OF AGRICULTURAL LAND TO GOLF COURSE EXTENSION - RE-SITING AND REMODELLING OF EXISTING GOLF COURSE TOGETHER WITH PROVISION OF A FAMILY GOLF COURSE WITHOUT COMPLYING WITH CONDITIONS 2 AND 7 ON PLANNING PERMISSION 76151/06. (TO EXTEND TIME LIMITS TO ENABLE WORK TO BE COMPLETED FROM 2 YEARS TO 14TH JULY 2011)

Ward: Heaton and Lostock

Applicant: Regent Park Golf Course Ltd Agent : PSA Design Limited

Officers Report

Proposal Planning permission was granted in 2007 for the change use of land adjacent to Regent Park Golf Club to form an extension to the course. The extension was to be constructed from the waste from demolished buildings - in effect, a temporary landfill site but with controls over the fill materials to ensure that they were inert. A total of 270,000 cubic metres of material were to be imported.

In order to reduce the impact on nearby residential properties, to minimise the impact on the highway and to reduce the length of time that the site would have a partially completed appearance, the permission was limited to two years from the date of commencement.

Work commenced in January 2008, and therefore the present permission will expire in January 2010 - six months time. There is approximately 200,000m3 of void space left, so 70,000m3 has been imported in the 14months of operational activity (approximately 26%).

Due to the recent economic downturn, the amount of fill materials available has declined and work has not progressed as originally anticipated. In addition, the operators of the golf course have experienced contractual difficulties with the company they engaged to complete the construction of the extension, not least the breach of conditions imposed by the Council in order to minimise the impacts on the area and nearby uses. These difficulties have resulted in the dismissal of the previous contractor, and work ceased some time ago.

As a result of the above, the applicant seeks consent to extend the date to for completion to

107 14th July 2011. As there are two conditions which relate to the timescale, both would need to be varied. No other conditions would be affected.

Site Characteristics The site is adjacent to the existing Regent Park Golf Course and lies between Chorley New Road to the north and the Middle Brook to the south which runs adjacent to the railway line. To the east lies the residential properties Lostock Hall Fold and the industrial buildings of Lostock Lane. To the north are properties fronting Chorley New Road and the site of the proposed Bolton Wanderers Football Academy.

Regent Park Golf Course contains, or is close to, three Sites of Biological Importance. These are:-

Lostock Golf Course, Grade 'B' Site of Biological Importance Lostock Hall Mire, Grade 'B' Site of Biological Importance Middlebrook Sidings and Marsh Grade 'C' Site of Biological Importance

The site lies within the Green Belt and slopes down to the Middlebrook Valley. There are a number of trees on the site, although none are protected by Tree Preservation Orders. The land is in the ownership of Bolton Council, leased to Regent Park Golf Course.

At present, the appearance of the site is detrimental to the area as it consists of only partially completed development.

Policy PPS1 Delivering Sustainable Development PPG2 Green Belts PPG17 Sport and Recreation

UDP Policies R1 Countryside and the Rural Economy, R5 Landscape Character, G1, G2 Green Belt, N1 Nature Conservation, N5 Landscape Features, N6 Biodiversity, N7 Trees, Woodland and Hedgerows, O1 Open Space and Recreation, A5 The Road Network

PCPN7 Trees : Protection and Planting in New Development, PCPN17 Nature Conservation, PCPN21 Highways Considerations

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:-

108 * impact on the character and appearance of the area * impact on the road network * impact on nearby uses * impact on nature conservation * impact on recreational provision

Impact on the Character and Appearance of the Area UDP Policy R1 states that the Council will permit development proposals that do not adversely affect the character and appearance, economy, and the natural and historic environment of the Countryside. Policy R5 states that the Council will permit development which contributes to or strengthens the character of the landscape. Policy N5 seeks to ensure that landscape features are retained. Policy N7 seeks to ensure that existing trees are retained and that adequate provision is made for new planting. Polices G1 and G2 set out the Council's approach to development within the Green Belt, an approach which is consistent with that contained within PPG2.

The site presently has a poor appearance, and the lengthening of time taken to finish the works will extend the time that the site continues to have a poor appearance. However, this must be balanced against the fact that to leave the site in its present state would also harmfully affect the character and appearance of the area.

On balance, the temporary harm to landscape character is considered to be outweighed by the long term benefits and thus the proposal is considered to conform with policies seeking to protect the landscape of the Borough and the openness of the Green Belt.

Impact on the Road Network UDP Policy A5 requires new development to made adequate provision for access. It is not considered that the finished golf course will have any significant highway impact, but it is necessary to consider the impact of the construction phase.

The Council's Highway Engineers previously accepted the access point and route, subject to traffic management measures. Pedestrian / vehicle conflicts can be minimised by the imposition of the conditions recommended by the Ramblers Association and the Peak and Northern Footpaths Society. A condition will also be imposed limited the vehicle movements to those proposed. It is noted that no objection is raised by the Council's Highway Engineers on the time extension proposal.

It is considered that the temporary disruption caused by the construction works can be minimised to a degree where it becomes outweighed by the wider benefits of the scheme. The scheme will not result in the permanent loss of any public right of way; indeed accessibility will be improved by the development of the land as a golf course extension.

Impact on Nearby Uses Policies EM2 and EM3 seek to resist development which would give rise to pollution or to activities incompatible with existing nearby uses.

The previous consent was considered to represent a pragmatic balance between minimising the disruption caused to residents during construction, and the wider benefits of the scheme. A total of 33 conditions were imposed on the previous consent, many of which were intended to reduce the impact on living conditions of residents. The purpose of time limiting the consent was also intended to reduce the time period that residents would be affected.

109 It is true that a number of the conditions have been breached by the previous contractors, or where not addressed. However, when breaches have been reported by residents, Planning Officers consider that the applicant has been swift to take action where necessary - within the constraints of dealing with their contractual issues. The Applicant has provided a supporting letter, explaining how the future concerns of residents would be tackled, and expressing their commitment to minmise the impact on the living conditions of residents. This letter has been reproduced within the report.

It is considered that the temporary disruption caused by the construction works can be minimised to a degree where it becomes outweighed by the wider benefits of the scheme.

Impact on the Nature Conservation UDP Policy N1 states that the council will permit development proposals that do not adversely affect the natural environment and biodiversity. Policy N6 states that the Council will require the creation of new wildlife habitats or substantial woodland planting, particularly in association with the development of major outdoor recreation facilities.

The Applicant has previously provided a substantial amount of ecological assessment information in the form of surveys for Great Crested Newts, Water Voles and Bats. The area of proposed land engineering works was been reduced to exclude the floodplain area associated with water voles. The creation of new habitat areas, water swales and woodland planting is proposed. The Applicant accepted a condition requiring an long-term ecological management plan for the site.

In the long term, the benefits for nature conservation are clear. Adequate measures were put in place to protect wildlife during construction, but must be adhered to by the contractor.

Officers are aware that a landslip at the western edge of the site occured whilst the site was inactive, resulting in encroachment into the Lostock Mire SBI. The applicant states that this was the fault of the previous contractor, but they do not presently have the plant on site to tackle this. Disucssions are ongoing with GM Ecology Unit, and this would be addressed as a priority were the grant of a time extension to allow them to engage a new contractor.

Planning Officers consider that the proposal is acceptable subject to conditions reducing the impact of the construction phase on wildlife, and a management scheme encouraging wildlife to flourish once construction is complete.

The proposal is considered to comply with policies seeking to encourage biodiversity and nature conservation.

Impact on Recreational Provision UDP Policy O1 states that the Council will permit development proposals that protect and improve recreational land and facilities.

The purpose of the proposal is the improvement of the sporting and recreational facility of Regent Park Gold Course. The importation of materials is not considered to be the main purpose of the scheme, but it is necessary in order to create the necessary landforms, and to generate the income for the works themselves, together with the creation of the family golf academy.

110 The proposal is considered to make a positive contribution to recreational provision within the Borough, by means of improvements to the course itself and to increased accessibility following the construction period.

Conclusion The approved scheme represented a significant improvement to the existing golf course and has wider benefits in terms of landscaping, habitats and accessibility. Against this must be balanced the visual harm during construction, the disruption caused by vehicle movements and fill work and the risk to wildlife whilst works are carried out. On balance, and subject to conditions specifying the means of construction and finished facility, the long-term benefits were considered to outweigh the temporary negative impacts.

The fact that works are unlikely to be completed within the approved timescale is regrettable. The time-limiting conditions were imposed in order to encourage the developer to complete the works in a short a time as possible. However, a partially completed development is of no benefit to the Borough and would cause significant harm. The lack of progress is not considered to be the fault of the management pratices of the application, but is instead due to an unforseen economic downturn resulting in less development and therefore less demolition - resulting in a lack of fill material.

It is recognised that the goodwill of residents has been eroded by some of the practices of the previous contractor. However, Planning Officers have found the applicant to be responsive and sensitive to issued raised by residents, and consider that a new and more reliable contractor would continue to operate in this manner. Assurances have been given that conditions will be adhered to, and that the time would allow for an upturn in the development market, resulting in adequate material being available. Clearly, this is not a guarantee of future events, but it is also clear that it is in the the Council's, residents's and the applicant's interest for works to be completed in the shortest possible time, assuming the availability of material.

The recommendation is one of approval, subject to all the previously imposed conditions and with the two time-limiting conditions amended to restrict works to 14th July 2011.

111 Representation and Consultation Annex

Representations Letters:- one letter has been received from a resident of Suffolk, but the owner of neighbouring land. The respondent considered the proposal to be in keeping with the area, subject to the protection of wildlife and the public rights of way.

Two letters have been recevied from a resident of Lostock Hall Fold Cottages. The issues raised include:-

· the area not an eyesore that residents have to see every day · areas which were promised to be landscaped as a priority have not been done · the cessation of activities has allowed the access point to become messy · a one year consent should be sufficient · residents have to put up with dust, mud and traffic · conditions have been broken and must be adhered to · the applicant and their agent do not have to put up with this · the housing market may never recover and two years may not be enough

One letter has been received from the Chair of the Lostock Residents Association. The issues raised include:-

· long term plans for drainage from the BWFC must be addressed as a priority · previous breaches should be explained and prevented in future · much inconvenience has been suffered by the residents of Lostock Hall Fold Cottages · the operation times should remain as previous and be strictly enforced · infringement of the Lostock Mire SBI must be tacked as a priority · the residents' access point must remain free from mud and water · conditions must be monitored more closely

Consultations Advice was sought from the following consultees; Highway Engineers, Pollution Control, GM Ecology, Wildlife Liaison, Envionment Agency

Planning History Planning permission was originally granted in 2007 (76151/06)

112 Recommendation:

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 development hereby approved/permitted shall not be brought into use until the means of vehicular access from Mill Lane has been constructed and laid out entirely in accordance with details which shall be submitted to and approved by the Local Planning Authority, and retained thereafter. The access from Mill Lane as approved shall only be available for use during the phases specified in the approved plan or any subsequent phasing plan which will have been submitted to and approved by the Local Planning Authority prior to commencement of the relevant phases and at all other times the access shall be closed off in accordance with details to be submitted to and approved by the Local Planning Authority prior to commencement of development. In any case, the access from Mill Lane as approved shall be permanently closed off on 14th July 2011 and the highway made good in accordance with details to be submitted to and approved by the Local Planning Authority prior to that date. There shall be no other means of access to the site other than the approved means of access.

Reason

In the interests of highway safety

3. All reasonable measures shall be taken to ensure that the operations do not give rise to nuisance by virtue of dust or windblown material and shall include the use of water to suppress dust generated in all operational areas and the collection of wind blown materials as necessary and in any event at the end of each working day.

Reason

To safeguard the amenity, pleasant features and visual appearance of the area

4. Prior to the importation of any materials onto the site, details for the provision of wheel cleaning facilities shall be submitted to and agreed in writing with the Local Planning Authority. Such facilities shall be made available, employed and maintained at all times during tipping operations to prevent the deposit of any detritus on the public highway. Any detritus deposited on the highway shall be removed immediately and in any event at the end of each working day.

Reason

To safeguard the amenity and character of the area.

113 5. No operations on the site shall be carried out except between the hours of 08:00 and 18:00 Monday to Friday and 07:00 and 13:00 Saturday and no vehicles associated with the importation of waste onto the site shall enter or leave the site and no waiting shall take place except between the hours of 08:00 and 18:00 Monday to Friday and 07:00 and 13:00 Saturday and no operations of any nature shall take place on Sunday or Public Bank Holidays without the prior written approval of the Local Planning Authority.

Reason

To safeguard the amenity of the area.

6. Within 6 months of completion of the approved tipping in topsoil shall be evenly spread over the site to a minimum depth of 150mm. The movement and spreading of topsoil shall not be carried out except when the soil is suitably dry and friable and when the ground is dry enough to ensure the topsoil is not damaged by the passing of heavy machinery.

Reason

To ensure a satisfactory form of restoration

7. The deposit of waste materials hereby authorised by this permission shall permanently cease on 14th July 2011 unless a further planning permission is granted by the Local Planning Authority.

Reason

To ensure that the development is completed in a reasonable period of time.

8. No tipping shall commence until details of the inert waste material has been submitted to the Local Planning Authority and no other waste material shall be delivered to the site or used for the purposes of the development hereby approved.

Reason

For the avoidance of doubt.

9. No waste materials shall be burnt on the site and in the event of a fire it shall be treated as an emergency and the appropriate emergency services shall be called.

Reason

To protect the amenities of the area and to avoid pollution.

10. Any oil or chemical storage tanks on the site shall be sited on an impervious base and surrounded by liquid retentive bund walls. The bunded area shall be capable of containing 110% of the volume of the largest tank and all fill pipes draw pipes and sight gauges shall be enclosed within its curtilage.

Reason

To prevent pollution

114 11. All waste handling, recycling, storing and transfer operations shall take place within the area edged red on the submitted plans approved by this permission. No waste or recycled materials, plant or machinery associated with the operations shall be deposited, stored or maintained outside the site boundaries.

Reason

For the avoidance of doubt

12. No development shall commence unless and until a scheme detailing the positioning, surface treatment and restoration of the temporary internal haulage roads, material storage areas and plant / equipment storage areas has been submitted to and approved by the Local Planning Authority. The roads shall be installed in accordance with the approved scheme and phasing plan and on completion of development shall be restored in accordance with details which be submitted to and approved by the Local Planning Authority.

Reason

In the interests of safeguarding the amenity and visual appearance of the area.

13. Any stock piles of material, topsoil or other substance within the site shall not exceed 3 metres in height when measured at ground level.

Reason

To protect the amenity, pleasant features and visual appearance of the area

14. All vehicles entering the site shall be subject to inspection procedures and loads recorded in accordance with the details which will have been submitted to and approved by the Local Planning Authority.

Reason

For the avoidance of doubt

15. No waste material, topsoil or other substance shall be removed from the site at any time unless a further Planning Permission is granted by the Local Planning Authority.

Reason

To safeguard the amenity, pleasant features and visual appearance of the area.

16. The Public Rights of Way close to the application site (RUPP BOL 279 and RUPP BOL 284) shall remain available to the public at all times and must not be closed, diverted or altered in any way unless and until the appropriate statutory procedures have been completed.

Reason

To safeguard Public Rights of Way

115 17. 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 buildings, structures, site cabins, machinery, storage areas, outbuildings, sheds, oil tanks or hardstandings shall be erected within the curtilage of the site without the express consent of the Local Planning Authority and full details of size, siting, design, surfacing and external design of any such development shall be submitted to and approved by the Local Planning Authority prior to installation. Unless otherwise agreed in writing with the Local Planning Authority, any such development shall be retained in the approved position until such time as it is no longer required when it shall be permenantly removed from the site and the land restored in accordance with details which will have been submitted to and approved by the Local Planning Authority.

Reason

To safeguard the amenity, pleasant features and visual appearance of the area

18. Prior to the commencement of landfilling/landraising operations any topsoil shall be stripped and stored in areas to be first agreed in writing with the Local Planning Authority. The stripping of topsoil shall only be carried out when the soil is in a suitably dry and friable condition.

Reason

To enhance and improve the setting of the development in the landscape of the area

19. The development hereby approved shall not be commenced until agreement is reached the Local Planning Authority of the proposed traffic management measures to allow safe access/egress of construction vehicles to and from the site

Reason

In the interests of highway safety.

20. 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.

21. No development approved by this permission shall be commenced until a programme of works for the provision and implementation of compensatory flood storage works has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.

REASON

To ensure no temporary loss of flood plain storage.

22. No development approved by this permission shall be commenced until a scheme for the provision of a boundary demarcation fence has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented prior to the commencement of works.

REASON

To prevent unapproved encroachment into the flood plain of Middle Brook.

116 23. No development approved by this permission shall be commenced until a detailed scheme for the conservation of Regent Park Golf Course, in particular its existing and newly created wetlands, woodlands and rough grassland areas has been approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.

REASON

To protect, conserve and preferably enhance the Middle Brook's corridor's current wildlife value.

24. A Buffer Zone a minimum 10 metres wide alongside the Middle Brook watercourse where land reprofiling is proposed, which should be delineated by temporary exclusion fencing, shall be established in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority before the development commences.

REASON

To maintain the character of the watercourse and provide undisturbed refuges for wildlife using the river corridor.

25. Any proposed water (ponds, wetlands, swales) features shall be constructed in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority before the development commences. The submitted details shall also clarify of the final drainage point of the new swale north of fairway 7

REASON

To ensure that those features enhance the conservation value of the site and provide undisturbed refuges for wildlife.

26. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off has been submitted to and approved in writing by the Local Planning Authority, in conjunction with the Environment Agency. The scheme shall be implemented in accordance with the approved programme and details.

REASON

To prevent any water quality problems impacting on adjoining sensitive wetlands and Site of Biological Importance.

27. A Buffer Zone a minimum 10 metres wide alongside the Lostock Golf Course and Lostock Hall Mire SBI and a minimum of 25m to Middlebrook Sidings where land reprofiling is proposed, which should be delineated by temporary exclusion fencing, shall be established in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority before the development commences.

REASON

To maintain the character of the Sites of Biological Importance and provide undisturbed refuges for wildlife.

28. A Construction Method Statement shall be produced and submitted to the Local Planning Authority. The works then shall be carried out in accodance with the approved details.

Reason

To safeguard the amenity, pleasant features and visual appearance of the area.

117 29. No site clearance including turf stripping and shrub and tree clearance shall occur during the bird breeding season (March - July inclusive).

Reason

In the interests of protecting the wildlife of the area.

30. No development approved by this permission shall be commenced until the location of Temporary Amphibian Fencing the use of targeted searching has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.

Reason

To protect the wildlife of the area.

31. No development approved by this permission shall be commenced until a displacement strategy for water voles is adopted as part of a mitigation strategy. This would involve identification of potential water vole habitat requiring vegetation clearance and/or earth moving. Targeted strimming of the vegetation levels to reduce its height to make it unfavourable to water feeding with encourage displacement of the water voles prior to final vegetation removal. Details of the proposed strategy should be submitted to and approved by the Local Planning Authority prior to the commencement of works, and the approved details should be implemented in full.

32. An Ecological Management Plan to provide guidance on the future management of the site and the restoration of the existing ponds and other features within the SBIs and procedures adopted in the long term management of the golf course shall be produced and submitted to the Local Planning Authority. Such details as are approved shall then be implemented in full.

Reason

To ensure the wildlife conservation status of the area is not affected.

33. A phased Restoration Plan with suitable illustrative and written detail explaining temporary measures (to minimise environmental impact i.e. runoff, dust noise, temporary measures / working areas access provisons) shall be submitted to and apprvoed by the Local Planning Authority. In addition sections to show the long term visual benefits and clear visualisations of the temporary land forms and final land profiles, combined with the proposed softworks planting proposals and visualisation in the form of a series of photomontages, viewed from key viewpoints. Such details as are approved shall be implemented in full prior to the commencement of use of the site.

Reason

To safeguard the amenity, pleasant features and visual appearance of the area.

Notes:

Unitary Development Plan

118 N1 as the development proposals would not adversely affect the natural environment and biodiversity;